CS/CS/HB 1451

1	A bill to be entitled
2	An act relating to transportation; amending s. 163.3180,
3	F.S., relating to transportation concurrency; providing
4	for evaluating whether certain necessary transportation
5	facilities will be in place or under actual construction
6	within a required timeframe; providing that certain
7	projects or high-performance transit systems be considered
8	as committed facilities; revising an exception to
9	transportation concurrency requirements to provide for
10	hangars used for assembly and manufacture of aircraft;
11	exempting certain housing developments from concurrency
12	requirements; revising provisions for a development of
13	regional impact to satisfy specified concurrency
14	requirements by paying a proportionate-share contribution
15	for traffic impacts; providing that the cost of certain
16	improvements shall be credited against a development of
17	regional impact's proportionate-share contribution;
18	requiring local government agreements relating to funding
19	regional transportation impacts under certain
20	circumstances; defining the term "backlog" as it applies
21	to the impacts of development on transportation
22	facilities; conforming a cross-reference; amending s.
23	380.06, F.S., relating to developments of regional impact;
24	revising provisions for preapplication procedures for
25	development approval; requiring the level-of-service
26	standards in the transportation methodology applied to a
27	development of regional impact to be the same level-of-
28	service standards used to evaluate concurrency under
29	specified provisions; amending ss. 316.1001, 320.03, and
30	338.155, F.S.; providing that failure to pay a toll may be
31	punished by the withholding of license plates and
32	revalidation stickers; providing procedures for
33	enforcement; amending s. 322.27, F.S.; exempting
34	violations of specified requirements to pay a toll from
35	the Department of Highway Safety and Motor Vehicles' point
36	system for evaluation of violations of motor vehicle laws
37	and ordinances; amending s. 316.29545, F.S.; excluding
38	vehicles owned or leased by private investigative services
39	from specified provisions restricting window sunscreening
40	when such vehicle is used in specified activities;
41	amending s. 316.515, F.S.; revising a limitation on the
42	length of certain trailers issued a special permit by the
43	department to deliver manufactured buildings; amending s.
44	316.535, F.S.; requiring specified scale tolerances to be
45	applied to weight limits for vehicles on highways that are
46	not in the Interstate Highway System; amending s. 316.545,
47	F.S.; providing for a reduction in the gross weight of
48	certain vehicles equipped with idle-reduction technologies
49	when calculating a penalty for exceeding maximum weight
50	limits; requiring the operator to provide certification of
51	the weight of the idle-reduction technology and to
52	demonstrate or certify that the idle-reduction technology
53	is fully functional at all times; amending s. 334.03,
54	F.S.; revising definitions relating to the Florida
55	Transportation Code; amending s. 334.044, F.S.; revising
56	powers and duties of the Department of Transportation;
57	removing duty to assign jurisdictional responsibility and
58	to designate existing facilities as part of the State
59	Highway System; amending s. 334.047, F.S.; removing a
60	provision prohibiting the department from establishing a
61	maximum number of miles of urban principal arterial roads
62	within a district or county; creating s. 336.445, F.S.;
63	authorizing counties to enter into agreements with private
64	entities for the building, operation, ownership, or
65	financing of toll facilities; requiring public
66	declaration; requiring a public hearing; requiring county
67	to make certain determinations prior to awarding a
68	project; providing requirements for an agreement; amending
69	s. 337.0261, F.S.; recognizing that construction aggregate
70	materials mining is an industry of critical importance and
71	that the mining of construction aggregate materials is in
72	the public interest; amending s. 337.401, F.S.; revising
73	provisions for rules of the department that provide for
74	the placement of and access to certain electrical
75	transmission lines on the right-of-way of department-
76	controlled roads; authorizing the rules to include that
77	the use of the limited access right-of-way for
78	longitudinal placement of such transmission lines is
79	reasonable based upon consideration of certain economic
80	and environmental factors; amending s. 339.2816, F.S.,
81	relating to the Small County Road Assistance Program;
82	providing for resumption of certain funding for the
83	program; revising criteria for program eligibility;
84	revising criteria for prioritization of projects; amending
85	s. 339.2818, F.S., relating to the Small County Outreach
86	Program; revising the purpose of the program to include
87	certain project types; amending s. 339.64, F.S., relating
88	to the Strategic Intermodal System Plan; removing
89	provisions for the Statewide Intermodal Transportation
90	Advisory Council; amending s. 348.51, F.S.; revising the
91	definition of the terms "bonds" and "expressway system" in
92	reference to the Tampa-Hillsborough County Expressway
93	Authority Law; amending s. 348.53, F.S.; providing that
94	the authority is to benefit the Tampa Bay Region;
95	providing that the purpose of the authority includes
96	transit support facilities; amending s. 348.54, F.S.;
97	authorizing the Tampa-Hillsborough County Expressway
98	Authority to make and issue notes, refunding bonds, and
99	other evidences of indebtedness or obligations for
100	specified purposes relating to the expressway system;
101	prohibiting the authority from pledging the credit or
102	taxing power of the state; providing that the authority's
103	obligations are not obligations of the state, a political
104	subdivision, or an agency; providing that the state, a
105	political subdivision, or an agency is not liable for the
106	payment of the principal or interest on the authority's
107	obligations; amending s. 348.545, F.S.; authorizing costs
108	of authority improvements to be financed by bonds issued
109	on behalf of the authority pursuant to the State Bond Act
110	or bonds issued by the authority under specified
111	provisions; amending s. 348.56, F.S.; authorizing bonds to
112	be issued on behalf of the authority pursuant to the State
113	Bond Act or issued by the authority under specified
114	provisions; revising requirements for such bonds;
115	requiring the bonds to be sold at public sale; authorizing
116	the authority to negotiate the sale of bonds with
117	underwriters under certain circumstances; amending s.
118	348.565, F.S.; providing that facilities of the expressway
119	system are approved to be refinanced by the revenue bonds
120	issued by the Division of Bond Finance of the State Board
121	of Administration and the State Bond Act or by revenue
122	bonds issued by the authority; providing that certain
123	projects of the authority are approved for financing or
124	refinancing by revenue bonds; providing an additional
125	project type where the authority may use revenue bonds;
126	amending s. 348.57, F.S.; authorizing the authority to
127	provide for the issuance of certain bonds for the
128	refunding of bonds outstanding regardless of whether the
129	bonds being refunded were issued by the authority or on
130	behalf of the authority; amending s. 348.70, F.S.;
131	providing that the Tampa-Hillsborough County Expressway
132	Authority Law does not repeal, rescind, or modify any
133	other laws; providing that such law supersedes laws that
134	are inconsistent with the provisions of that law; amending
135	s. 369.317, F.S., relating to Wekiva Parkway; providing
136	that the use of certain lands as environmental mitigation
137	for road-construction-related impacts incurred by certain
138	entities satisfies specified cumulative impact
139	requirements; amending s. 705.18, F.S.; removing
140	provisions for disposal of personal property lost or
141	abandoned at certain public-use airports; creating s.
142	705.182, F.S.; providing for disposal of personal property
143	found on premises owned or controlled by the operator of a
144	public-use airport; providing a timeframe for the property
145	to be claimed; providing options for disposing of such
146	personal property; providing procedures for selling
147	abandoned personal property; providing for notice of sale;
148	permitting airport tenants to establish lost and found
149	procedures; providing that purchaser holds title to the
150	property free of the rights of persons then holding any
151	legal or equitable interest thereto; creating s. 705.183,
152	F.S.; providing for disposition of derelict or abandoned
153	aircraft on the premises of public-use airports; providing
154	procedures for such disposition; requiring a record of
155	when the aircraft is found; defining the terms "derelict
156	aircraft" and "abandoned aircraft"; providing for
157	notification of aircraft owner and all persons having an
158	equitable or legal interest in the aircraft; providing for
159	notice if the owner of the aircraft is unknown or cannot
160	be found; providing for disposition if the aircraft is not
161	removed upon payment of required fees; requiring any sale
162	of the aircraft to be at a public auction; providing
163	notice requirements for such public auction; providing
164	procedures for disposal of the aircraft; providing for
165	liability if charges and costs related to the disposition
166	are more than that obtained from the sale; providing for a
167	lien by the airport for fees and charges; providing for
168	notice of lien; requiring the filing of a claim of lien;
169	providing for the form of the claim of lien; providing for
170	service of the claim of lien; providing that the purchaser
171	of the aircraft takes the property free of rights of
172	persons holding legal or equitable interest in the
173	aircraft; requiring purchaser or recipient to notify the
174	Federal Aviation Administration of change in ownership;
175	providing for disposition of moneys received for an
176	aircraft sold at public sale; authorizing the airport to
177	issue documents relating to the aircraft's disposal;
178	creating s. 705.184, F.S.; providing for disposition of
179	derelict or abandoned motor vehicles on the premises of
180	public-use airports; providing procedures; requiring
181	recording of the abandoned motor vehicle; defining the
182	terms "derelict motor vehicle" and "abandoned motor
183	vehicle"; providing for removal of such motor vehicle from
184	airport premises; providing for notice to the owner, the
185	company insuring the motor vehicle, and any lienholder;
186	providing for disposition if the motor vehicle is not
187	removed upon payment of required fees; requiring any sale
188	of the motor vehicle to be at a public auction; providing
189	notice requirements for such public auction; providing
190	procedures for disposal of the motor vehicle; providing
191	for liability if charges and costs related to the
192	disposition are more than that obtained from the sale;
193	providing for a lien by the airport or a licensed
194	independent wrecker for fees and charges; providing for
195	notice of lien; requiring the filing of a claim of lien;
196	providing for the form of the claim of lien; providing for
197	service of claim of lien; providing that the purchaser of
198	the motor vehicle takes the property free of the rights of
199	persons holding legal or equitable interest in the motor
200	vehicle; amending ss. 288.063, 311.07, 311.09, 316.2122,
201	316.515, 332.14, 336.01, 338.222, 403.7211, and 479.01,
202	F.S.; correcting cross-references; conforming provisions
203	to changes made by the act; designating "Drowsy Driving
204	Prevention Week"; encouraging the Department of Highway
205	Safety and Motor Vehicles and the Department of
206	Transportation to educate the law enforcement community
207	and the public about the relationship between fatigue and
208	driving performance; authorizing the Northwest Florida
209	Regional Transportation Planning Organization to conduct a
210	study on advancing funds for certain construction
211	projects; authorizing the Department of Transportation to
212	assist with the study; requiring results of the study to
213	be provided to the Governor, the Legislature, and certain
214	entities; providing principles for the study; providing
215	for content of the study; providing for legislative
216	authorization prior to implementation of the study;
217	providing an effective date.
218
219	Be It Enacted by the Legislature of the State of Florida:
220
221	Section 1.  Paragraph (c) of subsection (2), paragraphs (b)
222	and (c) of subsection (4), and subsection (12) of section
223	163.3180, Florida Statutes, are amended, and paragraph (i) is
224	added to subsection (16) of that section, to read:
225	163.3180  Concurrency.--
226	(2)
227	(c)  Consistent with the public welfare, and except as
228	otherwise provided in this section, transportation facilities
229	needed to serve new development shall be in place or under
230	actual construction within 3 years after the local government
231	approves a building permit or its functional equivalent that
232	results in traffic generation. In evaluating whether such
233	transportation facilities will be in place or under actual
234	construction, the following shall be considered a committed
235	facility:
236	1.  A project that is included in the first 3 years of a
237	local government's adopted capital improvements plan;
238	2.  A project that is included in the first 3 years of the
239	Department of Transportation's adopted work program; or
240	3.  A high-performance transit system that serves multiple
241	municipalities, connects to an existing rail system, and is
242	included in a county's or the Department of Transportation's
243	long-range transportation plan.
244	(4)
245	(b)  The concurrency requirement as implemented in local
246	comprehensive plans does not apply to public transit facilities.
247	For the purposes of this paragraph, public transit facilities
248	include transit stations and terminals; transit station parking;
249	park-and-ride lots; intermodal public transit connection or
250	transfer facilities; fixed bus, guideway, and rail stations; and
251	airport passenger terminals and concourses, air cargo
252	facilities, and hangars for the assembly, manufacture,
253	maintenance, or storage of aircraft. As used in this paragraph,
254	the terms "terminals" and "transit facilities" do not include
255	seaports or commercial or residential development constructed in
256	conjunction with a public transit facility.
257	(c)  The concurrency requirement, except as it relates to
258	transportation facilities and public schools, as implemented in
259	local government comprehensive plans, may be waived by a local
260	government for urban infill and redevelopment areas designated
261	pursuant to s. 163.2517 if such a waiver does not endanger
262	public health or safety as defined by the local government in
263	its local government comprehensive plan. The waiver shall be
264	adopted as a plan amendment pursuant to the process set forth in
265	s. 163.3187(3)(a). A local government may grant a concurrency
266	exception pursuant to subsection (5) for transportation
267	facilities located within these urban infill and redevelopment
268	areas. Affordable housing developments that serve residents who
269	have incomes at or below 60 percent of the area median income
270	and are proposed to be located on arterial roadways that have
271	public transit available are exempt from transportation
272	concurrency requirements.
273	(12)(a)  A development of regional impact satisfies may
274	satisfy the transportation concurrency requirements of the local
275	comprehensive plan, the local government's concurrency
276	management system, and s. 380.06 by paying payment of a
277	proportionate-share contribution for local and regionally
278	significant traffic impacts, if:
279	1.(a)  The development of regional impact which, based on
280	its location or mix of land uses, is designed to encourage
281	pedestrian or other nonautomotive modes of transportation;
282	2.(b)  The proportionate-share contribution for local and
283	regionally significant traffic impacts is sufficient to pay for
284	one or more required mobility improvements that will benefit the
285	network of a regionally significant transportation facilities
286	facility;
287	3.(c)  The owner and developer of the development of
288	regional impact pays or assures payment of the proportionate-
289	share contribution to the local government having jurisdiction
290	over the development of regional impact; and
291	4.(d)  If the regionally significant transportation
292	facility to be constructed or improved is under the maintenance
293	authority of a governmental entity, as defined by s.
294	334.03(10)(12), other than the local government with
295	jurisdiction over the development of regional impact, the local
296	government having jurisdiction over the development of regional
297	impact must developer is required to enter into a binding and
298	legally enforceable commitment to transfer funds to the
299	governmental entity having maintenance authority or to otherwise
300	assure construction or improvement of a the facility reasonably
301	related to the mobility demands created by the development.
302	(b)  As used in this subsection, the term "backlog" means a
303	facility or facilities on which the adopted level-of-service
304	standard is exceeded by the existing trips, plus additional
305	projected background trips from any source other than the
306	development project under review that are forecast by
307	established traffic standards, including traffic modeling,
308	consistent with the University of Florida Bureau of Economic and
309	Business Research medium population projections. Additional
310	projected background trips are to be coincident with the
311	particular stage or phase of development under review.
312	(c)  The proportionate-share contribution may be applied to
313	any transportation facility to satisfy the provisions of this
314	subsection and the local comprehensive plan, but, for the
315	purposes of this subsection, the amount of the proportionate-
316	share contribution shall be calculated based upon the cumulative
317	number of trips from the proposed development expected to reach
318	roadways during the peak hour from the complete buildout of a
319	stage or phase being approved, divided by the change in the peak
320	hour maximum service volume of roadways resulting from
321	construction of an improvement necessary to maintain the adopted
322	level of service, multiplied by the construction cost, at the
323	time of developer payment, of the improvement necessary to
324	maintain the adopted level of service. For purposes of this
325	subsection, "construction cost" includes all associated costs of
326	the improvement. The cost of any improvements made to a
327	regionally significant transportation facility that is
328	constructed by the owner or developer of the development of
329	regional impact, including the costs associated with
330	accommodating a transit facility within the development of
331	regional impact which is in a county's or the Department of
332	Transportation's long-range transportation plan, shall be
333	credited against a development of regional impact's
334	proportionate-share contribution. Proportionate-share mitigation
335	shall be limited to ensure that a development of regional impact
336	meeting the requirements of this subsection mitigates its impact
337	on the transportation system but is not responsible for the
338	additional cost of reducing or eliminating backlogs. This
339	subsection also applies to Florida Quality Developments pursuant
340	to s. 380.061 and to detailed specific area plans implementing
341	optional sector plans pursuant to s. 163.3245.
342	(16) It is the intent of the Legislature to provide a
343	method by which the impacts of development on transportation
344	facilities can be mitigated by the cooperative efforts of the
345	public and private sectors. The methodology used to calculate
346	proportionate fair-share mitigation under this section shall be
347	as provided for in subsection (12).
348	(i)  As used in this subsection, the term "backlog" means a
349	facility or facilities on which the adopted level-of-service
350	standard is exceeded by the existing trips, plus additional
351	projected background trips from any source other than the
352	development project under review that are forecast by
353	established traffic standards, including traffic modeling,
354	consistent with the University of Florida Bureau of Economic and
355	Business Research medium population projections. Additional
356	projected background trips are to be coincident with the
357	particular stage or phase of development under review.
358	Section 2.  Paragraph (a) of subsection (7) of section
359	380.06, Florida Statutes, is amended to read:
360	380.06  Developments of regional impact.--
361	(7)  PREAPPLICATION PROCEDURES.--
362	(a)  Before filing an application for development approval,
363	the developer shall contact the regional planning agency with
364	jurisdiction over the proposed development to arrange a
365	preapplication conference. Upon the request of the developer or
366	the regional planning agency, other affected state and regional
367	agencies shall participate in this conference and shall identify
368	the types of permits issued by the agencies, the level of
369	information required, and the permit issuance procedures as
370	applied to the proposed development. The level-of-service
371	standards required in the transportation methodology must be the
372	same level-of-service standards used to evaluate concurrency in
373	accordance with s. 163.3180. The regional planning agency shall
374	provide the developer information to the developer about the
375	development-of-regional-impact process and the use of
376	preapplication conferences to identify issues, coordinate
377	appropriate state and local agency requirements, and otherwise
378	promote a proper and efficient review of the proposed
379	development. If an agreement is reached regarding assumptions
380	and methodology to be used in the application for development
381	approval, the reviewing agencies may not subsequently object to
382	those assumptions and methodologies unless subsequent changes to
383	the project or information obtained during the review make those
384	assumptions and methodologies inappropriate.
385	Section 3.  Subsections (1) and (4) of section 316.1001,
386	Florida Statutes, are amended to read:
387	316.1001  Payment of toll on toll facilities required;
388	penalties.--
389	(1)  A person may not use any toll facility without payment
390	of tolls, except as provided in s. 338.155. Failure to pay a
391	prescribed toll is a noncriminal traffic infraction, punishable
392	as a moving violation under chapter 318 or by the withholding of
393	a license plate or revalidation sticker for any motor vehicle
394	pursuant to s. 320.03(8).
395	(4)  Any governmental entity, including, without
396	limitation, a clerk of court, may supply the department with
397	data that is machine readable by the department's computer
398	system, listing persons who have one or more outstanding
399	violations of this section, with reference to the person's
400	driver's license number or license plate number in the case of a
401	business entity. Pursuant to s. 320.03(8), the department and
402	its authorized agents may not issue those persons may not be
403	issued a license plate or revalidation sticker for any motor
404	vehicle owned by a person whose name appears on the department's
405	list of persons having any outstanding violations of this
406	section until the person's name no longer appears on the list or
407	until the person presents a receipt from the governmental entity
408	or clerk showing that all applicable amounts owed on outstanding
409	violations have been paid.
410	Section 4.  Subsection (8) of section 320.03, Florida
411	Statutes, is amended to read:
412	320.03  Registration; duties of tax collectors;
413	International Registration Plan.--
414	(8)  If the applicant's name appears on the list referred
415	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
416	license plate or revalidation sticker may not be issued until
417	that person's name no longer appears on the list or until the
418	person presents a receipt from the governmental entity that
419	supplied the list or the clerk of court showing that the fines
420	outstanding have been paid. This subsection does not apply to
421	the owner of a leased vehicle if the vehicle is registered in
422	the name of the lessee of the vehicle. The tax collector and the
423	clerk of the court are each entitled to receive monthly, as
424	costs for implementing and administering this subsection, 10
425	percent of the civil penalties and fines recovered from such
426	persons. As used in this subsection, the term "civil penalties
427	and fines" does not include a wrecker operator's lien as
428	described in s. 713.78(13). If the tax collector has private tag
429	agents, such tag agents are entitled to receive a pro rata share
430	of the amount paid to the tax collector, based upon the
431	percentage of license plates and revalidation stickers issued by
432	the tag agent compared to the total issued within the county.
433	The authority of any private agent to issue license plates shall
434	be revoked, after notice and a hearing as provided in chapter
435	120, if he or she issues any license plate or revalidation
436	sticker contrary to the provisions of this subsection. This
437	section applies only to the annual renewal in the owner's birth
438	month of a motor vehicle registration and does not apply to the
439	transfer of a registration of a motor vehicle sold by a motor
440	vehicle dealer licensed under this chapter, except for the
441	transfer of registrations which is inclusive of the annual
442	renewals. This section does not affect the issuance of the title
443	to a motor vehicle, notwithstanding s. 319.23(7)(b).
444	Section 5.  Paragraph (d) of subsection (3) of section
445	322.27, Florida Statutes, is amended to read:
446	322.27  Authority of department to suspend or revoke
447	license.--
448	(3)  There is established a point system for evaluation of
449	convictions of violations of motor vehicle laws or ordinances,
450	and violations of applicable provisions of s. 403.413(6)(b) when
451	such violations involve the use of motor vehicles, for the
452	determination of the continuing qualification of any person to
453	operate a motor vehicle. The department is authorized to suspend
454	the license of any person upon showing of its records or other
455	good and sufficient evidence that the licensee has been
456	convicted of violation of motor vehicle laws or ordinances, or
457	applicable provisions of s. 403.413(6)(b), amounting to 12 or
458	more points as determined by the point system. The suspension
459	shall be for a period of not more than 1 year.
460	(d)  The point system shall have as its basic element a
461	graduated scale of points assigning relative values to
462	convictions of the following violations:
463	1.  Reckless driving, willful and wanton--4 points.
464	2.  Leaving the scene of a crash resulting in property
465	damage of more than $50--6 points.
466	3.  Unlawful speed resulting in a crash--6 points.
467	4.  Passing a stopped school bus--4 points.
468	5.  Unlawful speed:
469	a.  Not in excess of 15 miles per hour of lawful or posted
470	speed--3 points.
471	b.  In excess of 15 miles per hour of lawful or posted
472	speed--4 points.
473	6.  A violation of a traffic control signal device as
474	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
475	7.  All other moving violations (including parking on a
476	highway outside the limits of a municipality)--3 points.
477	However, no points shall be imposed for a violation of s.
478	316.0741, s. 316.1001, or s. 316.2065(12).
479	8.  Any moving violation covered above, excluding unlawful
480	speed, resulting in a crash--4 points.
481	9.  Any conviction under s. 403.413(6)(b)--3 points.
482	10.  Any conviction under s. 316.0775(2)--4 points.
483	Section 6.  Subsection (1) of section 338.155, Florida
484	Statutes, is amended to read:
485	338.155  Payment of toll on toll facilities required;
486	exemptions.--
487	(1)  No persons are permitted to use any toll facility
488	without payment of tolls, except employees of the agency
489	operating the toll project when using the toll facility on
490	official state business, state military personnel while on
491	official military business, handicapped persons as provided in
492	this section, persons exempt from toll payment by the
493	authorizing resolution for bonds issued to finance the facility,
494	and persons exempt on a temporary basis where use of such toll
495	facility is required as a detour route. Any law enforcement
496	officer operating a marked official vehicle is exempt from toll
497	payment when on official law enforcement business. Any person
498	operating a fire vehicle when on official business or a rescue
499	vehicle when on official business is exempt from toll payment.
500	Any person participating in the funeral procession of a law
501	enforcement officer or firefighter killed in the line of duty is
502	exempt from toll payment. The secretary, or the secretary's
503	designee, may suspend the payment of tolls on a toll facility
504	when necessary to assist in emergency evacuation. The failure to
505	pay a prescribed toll constitutes a noncriminal traffic
506	infraction, punishable as a moving violation pursuant to s.
507	318.18 or by the withholding of a license plate or revalidation
508	sticker for any motor vehicle pursuant to s. 320.03(8). The
509	department is authorized to adopt rules relating to guaranteed
510	toll accounts.
511	Section 7.  Subsection (3) of section 316.29545, Florida
512	Statutes, is renumbered as subsection (4), and a new subsection
513	(3) is added to that section to read:
514	316.29545  Window sunscreening exclusions; medical
515	exemption; certain law enforcement vehicles and private
516	investigative service vehicles exempt.--
517	(3)  The department shall exempt from the window
518	sunscreening restrictions of ss. 316.2953, 316.2954, and
519	316.2956 vehicles owned or leased by private investigative
520	agencies licensed under chapter 493 and used in homeland
521	security functions on behalf of federal, state, or local
522	authorities; executive protection activities; undercover,
523	covert, or surveillance operations involving child abductions,
524	convicted sex offenders, insurance fraud, or missing persons or
525	property; or investigative activities in which evidence is being
526	obtained for civil or criminal court proceedings.
527	Section 8.  Subsection (14) of section 316.515, Florida
528	Statutes, is amended to read:
529	316.515  Maximum width, height, length.--
530	(14)  MANUFACTURED BUILDINGS.--The Department of
531	Transportation may, in its discretion and upon application and
532	good cause shown therefor that the same is not contrary to the
533	public interest, issue a special permit for truck tractor-
534	semitrailer combinations if where the total number of overwidth
535	deliveries of manufactured buildings, as defined in s.
536	553.36(13), may be reduced by permitting the use of multiple
537	sections or single units on an overlength trailer of no more
538	than 80 54 feet.
539	Section 9.  Subsection (5) of section 316.535, Florida
540	Statutes, is amended to read:
541	316.535  Maximum weights.--
542	(5)  With respect to those highways not in the Interstate
543	Highway System, in all cases in which it exceeds state law in
544	effect on January 4, 1975, the overall gross weight on the
545	vehicle or combination of vehicles, including all enforcement
546	tolerances, shall be as determined by the following formula:
547
548	W = 500((LN ÷ (N-1)) + 12N + 36)
549
550	where W = overall gross weight of the vehicle to the nearest 500
551	pounds; L = distance in feet between the extreme of the external
552	axles; and N = number of axles on the vehicle. However, such
553	overall gross weight of any vehicle or combination of vehicles
554	may not exceed 80,000 pounds including all enforcement
555	tolerances. The scale tolerance provided in s. 316.545(2) shall
556	be applicable to all weight limitations of this subsection.
557	Except when a vehicle exceeds the posted weight limit on a
558	bridge, fines for violations of the total gross weight
559	limitations provided for in this subsection shall be based on
560	the amount by which the actual weight of the vehicle and load
561	exceeds the allowable maximum weight determined under this
562	subsection plus the scale tolerance provided in s. 316.545(2).
563	Section 10.  Subsection (3) of section 316.545, Florida
564	Statutes, is amended to read:
565	316.545  Weight and load unlawful; special fuel and motor
566	fuel tax enforcement; inspection; penalty; review.--
567	(3)  Any person who violates the overloading provisions of
568	this chapter shall be conclusively presumed to have damaged the
569	highways of this state by reason of such overloading, which
570	damage is hereby fixed as follows:
571	(a)  When the excess weight is 200 pounds or less than the
572	maximum herein provided, the penalty shall be $10;
573	(b)  Five cents per pound for each pound of weight in
574	excess of the maximum herein provided when the excess weight
575	exceeds 200 pounds. However, whenever the gross weight of the
576	vehicle or combination of vehicles does not exceed the maximum
577	allowable gross weight, the maximum fine for the first 600
578	pounds of unlawful axle weight shall be $10;
579	(c)  For a vehicle equipped with fully functional idle-
580	reduction technology, any penalty shall be calculated by
581	reducing the actual gross vehicle weight or the internal bridge
582	weight by the certified weight of the idle-reduction technology
583	or by 400 pounds, whichever is less. The vehicle operator must
584	present written certification of the weight of the idle-
585	reduction technology and must demonstrate or certify that the
586	idle-reduction technology is fully functional at all times. This
587	calculation is not allowed for vehicles described in s.
588	316.535(6);
589	(d)(c)  An apportioned motor vehicle, as defined in s.
590	320.01, operating on the highways of this state without being
591	properly licensed and registered shall be subject to the
592	penalties as herein provided; and
593	(e)(d)  Vehicles operating on the highways of this state
594	from nonmember International Registration Plan jurisdictions
595	which are not in compliance with the provisions of s. 316.605
596	shall be subject to the penalties as herein provided.
597	Section 11.  Section 334.03, Florida Statutes, is amended
598	to read:
599	334.03  Definitions.--When used in the Florida
600	Transportation Code, the term:
601	(1)  "Arterial road" means a route providing service which
602	is relatively continuous and of relatively high traffic volume,
603	long average trip length, high operating speed, and high
604	mobility importance. In addition, every United States numbered
605	highway is an arterial road.
606	(1)(2)  "Bridge" means a structure, including supports,
607	erected over a depression or an obstruction, such as water or a
608	highway or railway, and having a track or passageway for
609	carrying traffic as defined in chapter 316 or other moving
610	loads.
611	(2)(3)  "City street system" means all local roads within a
612	municipality which were under the jurisdiction of that
613	municipality on June 10, 1995, roads constructed by a
614	municipality for that municipality's street system, and roads
615	transferred to the municipality's jurisdiction after that date
616	by mutual consent with another governmental entity, but does not
617	include roads so transferred from the municipality's
618	jurisdiction, and all collector roads inside that municipality,
619	which are not in the county road system.
620	(4)  "Collector road" means a route providing service which
621	is of relatively moderate average traffic volume, moderately
622	average trip length, and moderately average operating speed.
623	Such a route also collects and distributes traffic between local
624	roads or arterial roads and serves as a linkage between land
625	access and mobility needs.
626	(3)(5)  "Commissioners" means the governing body of a
627	county.
628	(4)(6)  "Consolidated metropolitan statistical area" means
629	two or more metropolitan statistical areas that are socially and
630	economically interrelated as defined by the United States Bureau
631	of the Census.
632	(5)(7)  "Controlled access facility" means a street or
633	highway to which the right of access is highly regulated by the
634	governmental entity having jurisdiction over the facility in
635	order to maximize the operational efficiency and safety of the
636	high-volume through traffic utilizing the facility. Owners or
637	occupants of abutting lands and other persons have a right of
638	access to or from such facility at such points only and in such
639	manner as may be determined by the governmental entity.
640	(6)(8)  "County road system" means all roads within a
641	county which were under the jurisdiction of that county on June
642	10, 1995, roads constructed by a county for that county's road
643	system, and roads transferred to the county's jurisdiction after
644	that date by mutual consent with another governmental entity,
645	but does not include roads so transferred from the county's
646	jurisdiction collector roads in the unincorporated areas of a
647	county and all extensions of such collector roads into and
648	through any incorporated areas, all local roads in the
649	unincorporated areas, and all urban minor arterial roads not in
650	the State Highway System.
651	(7)(9)  "Department" means the Department of
652	Transportation.
653	(8)(10)  "Florida Intrastate Highway System" means a system
654	of limited access and controlled access facilities on the State
655	Highway System which have the capacity to provide high-speed and
656	high-volume traffic movements in an efficient and safe manner.
657	(9)(11)  "Functional classification" means the assignment
658	of roads into systems according to the character of service they
659	provide in relation to the total road network using procedures
660	developed by the Federal Highway Administration. Basic
661	functional categories include arterial roads, collector roads,
662	and local roads which may be subdivided into principal, major,
663	or minor levels. Those levels may be additionally divided into
664	rural and urban categories.
665	(10)(12)  "Governmental entity" means a unit of government,
666	or any officially designated public agency or authority of a
667	unit of government, that has the responsibility for planning,
668	construction, operation, or maintenance or jurisdiction over
669	transportation facilities; the term includes the Federal
670	Government, the state government, a county, an incorporated
671	municipality, a metropolitan planning organization, an
672	expressway or transportation authority, a road and bridge
673	district, a special road and bridge district, and a regional
674	governmental unit.
675	(11)(13)  "Limited access facility" means a street or
676	highway especially designed for through traffic, and over, from,
677	or to which owners or occupants of abutting land or other
678	persons have no right or easement of access, light, air, or view
679	by reason of the fact that their property abuts upon such
680	limited access facility or for any other reason. Such highways
681	or streets may be facilities from which trucks, buses, and other
682	commercial vehicles are excluded; or they may be facilities open
683	to use by all customary forms of street and highway traffic.
684	(12)(14)  "Local governmental entity" means a unit of
685	government with less than statewide jurisdiction, or any
686	officially designated public agency or authority of such a unit
687	of government, that has the responsibility for planning,
688	construction, operation, or maintenance of, or jurisdiction
689	over, a transportation facility; the term includes, but is not
690	limited to, a county, an incorporated municipality, a
691	metropolitan planning organization, an expressway or
692	transportation authority, a road and bridge district, a special
693	road and bridge district, and a regional governmental unit.
694	(15)  "Local road" means a route providing service which is
695	of relatively low average traffic volume, short average trip
696	length or minimal through-traffic movements, and high land
697	access for abutting property.
698	(13)(16)  "Metropolitan area" means a geographic region
699	comprising as a minimum the existing urbanized area and the
700	contiguous area projected to become urbanized within a 20-year
701	forecast period. The boundaries of a metropolitan area may be
702	designated so as to encompass a metropolitan statistical area or
703	a consolidated metropolitan statistical area. If a metropolitan
704	area, or any part thereof, is located within a nonattainment
705	area, the boundaries of the metropolitan area must be designated
706	so as to include the boundaries of the entire nonattainment
707	area, unless otherwise provided by agreement between the
708	applicable metropolitan planning organization and the Governor.
709	(14)(17)  "Metropolitan statistical area" means an area
710	that includes a municipality of 50,000 persons or more, or an
711	urbanized area of at least 50,000 persons as defined by the
712	United States Bureau of the Census, provided that the component
713	county or counties have a total population of at least 100,000.
714	(15)(18)  "Nonattainment area" means an area designated by
715	the United States Environmental Protection Agency, pursuant to
716	federal law, as exceeding national primary or secondary ambient
717	air quality standards for the pollutants carbon monoxide or
718	ozone.
719	(16)(19)  "Periodic maintenance" means activities that are
720	large in scope and require a major work effort to restore
721	deteriorated components of the transportation system to a safe
722	and serviceable condition, including, but not limited to, the
723	repair of large bridge structures, major repairs to bridges and
724	bridge systems, and the mineral sealing of lengthy sections of
725	roadway.
726	(17)(20)  "Person" means any person described in s. 1.01 or
727	any unit of government in or outside the state.
728	(18)(21)  "Right of access" means the right of ingress to a
729	highway from abutting land and egress from a highway to abutting
730	land.
731	(19)(22)  "Right-of-way" means land in which the state, the
732	department, a county, or a municipality owns the fee or has an
733	easement devoted to or required for use as a transportation
734	facility.
735	(20)(23)  "Road" means a way open to travel by the public,
736	including, but not limited to, a street, highway, or alley. The
737	term includes associated sidewalks, the roadbed, the right-of-
738	way, and all culverts, drains, sluices, ditches, water storage
739	areas, waterways, embankments, slopes, retaining walls, bridges,
740	tunnels, and viaducts necessary for the maintenance of travel
741	and all ferries used in connection therewith.
742	(21)(24)  "Routine maintenance" means minor repairs and
743	associated tasks necessary to maintain a safe and efficient
744	transportation system. The term includes: pavement patching;
745	shoulder repair; cleaning and repair of drainage ditches,
746	traffic signs, and structures; mowing; bridge inspection and
747	maintenance; pavement striping; litter cleanup; and other
748	similar activities.
749	(22)(25)  "State Highway System" means the following, which
750	shall be facilities to which access is regulated:
751	(a)  The interstate system and all other roads within the
752	state which were under the jurisdiction of the state on June 10,
753	1995, roads constructed by an agency of the state for the State
754	Highway System, and roads transferred to the state's
755	jurisdiction after that date by mutual consent with another
756	governmental entity, but does not include roads so transferred
757	from the state's jurisdiction. These facilities shall be
758	facilities to which access is regulated.;
759	(b)  All rural arterial routes and their extensions into
760	and through urban areas;
761	(c)  All urban principal arterial routes; and
762	(d)  The urban minor arterial mileage on the existing State
763	Highway System as of July 1, 1987, plus additional mileage to
764	comply with the 2-percent requirement as described below.
765
766	However, not less than 2 percent of the public road mileage of
767	each urbanized area on record as of June 30, 1986, shall be
768	included as minor arterials in the State Highway System.
769	Urbanized areas not meeting the foregoing minimum requirement
770	shall have transferred to the State Highway System additional
771	minor arterials of the highest significance in which case the
772	total minor arterials in the State Highway System from any
773	urbanized area shall not exceed 2.5 percent of that area's total
774	public urban road mileage.
775	(23)(26)  "State Park Road System" means roads embraced
776	within the boundaries of state parks and state roads leading to
777	state parks, other than roads of the State Highway System, the
778	county road systems, or the city street systems.
779	(24)(27)  "State road" means a street, road, highway, or
780	other way open to travel by the public generally and dedicated
781	to the public use according to law or by prescription and
782	designated by the department, as provided by law, as part of the
783	State Highway System.
784	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
785	causeway, approach, ferry slip, culvert, toll plaza, gate, or
786	other similar facility used in connection with a transportation
787	facility.
788	(26)(29)  "Sufficiency rating" means the objective rating
789	of a road or section of a road for the purpose of determining
790	its capability to serve properly the actual or anticipated
791	volume of traffic using the road.
792	(27)(30)  "Transportation corridor" means any land area
793	designated by the state, a county, or a municipality which is
794	between two geographic points and which area is used or suitable
795	for the movement of people and goods by one or more modes of
796	transportation, including areas necessary for management of
797	access and securing applicable approvals and permits.
798	Transportation corridors shall contain, but are not limited to,
799	the following:
800	(a)  Existing publicly owned rights-of-way;
801	(b)  All property or property interests necessary for
802	future transportation facilities, including rights of access,
803	air, view, and light, whether public or private, for the purpose
804	of securing and utilizing future transportation rights-of-way,
805	including, but not limited to, any lands reasonably necessary
806	now or in the future for securing applicable approvals and
807	permits, borrow pits, drainage ditches, water retention areas,
808	rest areas, replacement access for landowners whose access could
809	be impaired due to the construction of a future facility, and
810	replacement rights-of-way for relocation of rail and utility
811	facilities.
812	(28)(31)  "Transportation facility" means any means for the
813	transportation of people or property from place to place which
814	is constructed, operated, or maintained in whole or in part from
815	public funds. The term includes the property or property rights,
816	both real and personal, which have been or may be established by
817	public bodies for the transportation of people or property from
818	place to place.
819	(29)(32)  "Urban area" means a geographic region comprising
820	as a minimum the area inside the United States Bureau of the
821	Census boundary of an urban place with a population of 5,000 or
822	more persons, expanded to include adjacent developed areas as
823	provided for by Federal Highway Administration regulations.
824	(33)  "Urban minor arterial road" means a route that
825	generally interconnects with and augments an urban principal
826	arterial road and provides service to trips of shorter length
827	and a lower level of travel mobility. The term includes all
828	arterials not classified as "principal" and contain facilities
829	that place more emphasis on land access than the higher system.
830	(30)(34)  "Urban place" means a geographic region composed
831	of one or more contiguous census tracts that have been found by
832	the United States Bureau of the Census to contain a population
833	density of at least 1,000 persons per square mile.
834	(35)  "Urban principal arterial road" means a route that
835	generally serves the major centers of activity of an urban area,
836	the highest traffic volume corridors, and the longest trip
837	purpose and carries a high proportion of the total urban area
838	travel on a minimum of mileage. Such roads are integrated, both
839	internally and between major rural connections.
840	(31)(36)  "Urbanized area" means a geographic region
841	comprising as a minimum the area inside an urban place of 50,000
842	or more persons, as designated by the United States Bureau of
843	the Census, expanded to include adjacent developed areas as
844	provided for by Federal Highway Administration regulations.
845	Urban areas with a population of fewer than 50,000 persons which
846	are located within the expanded boundary of an urbanized area
847	are not separately recognized.
848	(32)(37)  "511" or "511 services" means three-digit
849	telecommunications dialing to access interactive voice response
850	telephone traveler information services provided in the state as
851	defined by the Federal Communications Commission in FCC Order
852	No. 00-256, July 31, 2000.
853	(33)(38)  "Interactive voice response" means a software
854	application that accepts a combination of voice telephone input
855	and touch-tone keypad selection and provides appropriate
856	responses in the form of voice, fax, callback, e-mail, and other
857	media.
858	Section 12.  Subsections (11) and (13) of section 334.044,
859	Florida Statutes, are amended to read:
860	334.044  Department; powers and duties.--The department
861	shall have the following general powers and duties:
862	(11)  To establish a numbering system for public roads and,
863	to functionally classify such roads, and to assign
864	jurisdictional responsibility.
865	(13)  To designate existing and to plan proposed
866	transportation facilities as part of the State Highway System,
867	and to construct, maintain, and operate such facilities.
868	Section 13.  Section 334.047, Florida Statutes, is amended
869	to read:
870	334.047  Prohibition.--Notwithstanding any other provision
871	of law to the contrary, the Department of Transportation may not
872	establish a cap on the number of miles in the State Highway
873	System or a maximum number of miles of urban principal arterial
874	roads, as defined in s. 334.03, within a district or county.
875	Section 14.  Section 336.445, Florida Statutes, is created
876	to read:
877	336.445  Public-private partnerships with counties.--
878	(1)  Notwithstanding any other provision of law or
879	ordinance, a county may enter into agreements with private
880	entities, or a consortia thereof, for the building, operation,
881	ownership, or financing of toll facilities as part of the county
882	road system under the following circumstances:
883	(a)  The county has publically declared at a properly
884	noticed commission meeting the need for a toll facility and a
885	desire to contract with a private entity for the building,
886	operation, ownership, or financing of a toll facility; and
887	(b)  The county establishes after a public hearing that the
888	proposal includes unique benefits and that adoption of the
889	project is not contrary to the interest of the public.
890	(2)  Before awarding the project to a private entity, the
891	county must determine that the proposed project:
892	(a)  Is not contrary to the public's interest;
893	(b)  Would not require state funds to be used;
894	(c)  Would have adequate safeguards in place to ensure that
895	no additional costs or service disruptions would be realized by
896	the travelling public in the event of default or cancellation of
897	the agreement by the county; and
898	(d)  Would have adequate safeguards in place to ensure that
899	the county or the private entity has the opportunity to add
900	capacity to the proposed project and other transportation
901	facilities serving similar origins and destinations.
902	(3)  Any agreement between a county and a private entity,
903	or consortia thereof, must address the following:
904	(a)  Regulations governing the future increase of toll or
905	fare revenues; and
906	(b)  That the private entity shall provide an investment
907	grade traffic and revenue study prepared by an internationally
908	recognized traffic and revenue expert that is accepted by the
909	national bond rating agencies. The private entity shall also
910	provide a finance plan than identifies the project cost,
911	revenues by source, financing, major assumptions, internal rate
912	of return on private investment, whether any government funds
913	are assumed to deliver a cost-feasible project, and a total cash
914	flow analysis beginning with the implementation of the project
915	and extending for the term of the agreement.
916	Section 15.  Subsection (2) of section 337.0261, Florida
917	Statutes, is amended to read:
918	337.0261  Construction aggregate materials.--
919	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
920	is a strategic and critical need for an available supply of
921	construction aggregate materials within the state and that a
922	disruption of the supply would cause a significant detriment to
923	the state's construction industry, transportation system, and
924	overall health, safety, and welfare. In addition, the
925	Legislature recognizes that construction aggregate materials
926	mining is an industry of critical importance to the state and
927	that the mining of construction aggregate materials is in the
928	public interest.
929	Section 16.  Subsection (1) of section 337.401, Florida
930	Statutes, is amended to read:
931	337.401  Use of right-of-way for utilities subject to
932	regulation; permit; fees.--
933	(1)(a)  The department and local governmental entities,
934	referred to in ss. 337.401-337.404 as the "authority," that have
935	jurisdiction and control of public roads or publicly owned rail
936	corridors are authorized to prescribe and enforce reasonable
937	rules or regulations with reference to the placing and
938	maintaining along, across, or on any road or publicly owned rail
939	corridors under their respective jurisdictions any electric
940	transmission, telephone, telegraph, or other communications
941	services lines; pole lines; poles; railways; ditches; sewers;
942	water, heat, or gas mains; pipelines; fences; gasoline tanks and
943	pumps; or other structures referred to in this section as the
944	"utility." For aerial and underground electric utility
945	transmission lines designed to operate at 69 or more kilovolts
946	that are needed to accommodate the additional electrical
947	transfer capacity on the transmission grid resulting from new
948	base-load generating facilities, where there is no other
949	practicable alternative available for placement of the electric
950	utility transmission lines on the department's rights-of-way,
951	the department's rules shall provide for placement of and access
952	to such transmission lines adjacent to and within the right-of-
953	way of any department-controlled public roads, including
954	longitudinally within limited access facilities to the greatest
955	extent allowed by federal law, if compliance with the standards
956	established by such rules is achieved. Such rules may include,
957	but need not be limited to, that the use of the right-of-way is
958	reasonable based upon a consideration of economic and
959	environmental factors, including, without limitation, other
960	practicable alternative alignments, utility corridors and
961	easements, impacts on adjacent property owners, and minimum
962	clear zones and other safety standards, and further provide that
963	placement of the electric utility transmission lines within the
964	department's right-of-way does not interfere with operational
965	requirements of the transportation facility or planned or
966	potential future expansion of such transportation facility. If
967	the department approves longitudinal placement of electric
968	utility transmission lines in limited access facilities,
969	compensation for the use of the right-of-way is required. Such
970	consideration or compensation paid by the electric utility in
971	connection with the department's issuance of a permit does not
972	create any property right in the department's property
973	regardless of the amount of consideration paid or the
974	improvements constructed on the property by the utility. Upon
975	notice by the department that the property is needed for
976	expansion or improvement of the transportation facility, the
977	electric utility transmission line will relocate from the
978	facility at the electric utility's sole expense. The electric
979	utility shall pay to the department reasonable damages resulting
980	from the utility's failure or refusal to timely relocate its
981	transmission lines. The rules to be adopted by the department
982	may also address the compensation methodology and relocation. As
983	used in this subsection, the term "base-load generating
984	facilities" means electric power plants that are certified under
985	part II of chapter 403. The department may enter into a permit-
986	delegation agreement with a governmental entity if issuance of a
987	permit is based on requirements that the department finds will
988	ensure the safety and integrity of facilities of the Department
989	of Transportation; however, the permit-delegation agreement does
990	not apply to facilities of electric utilities as defined in s.
991	366.02(2).
992	(b)  For aerial and underground electric utility
993	transmission lines designed to operate at 69 or more kilovolts
994	that are needed to accommodate the additional electrical
995	transfer capacity on the transmission grid resulting from new
996	base-load generating facilities, the department's rules shall
997	provide for placement of and access to such transmission lines
998	adjacent to and within the right-of-way of any department-
999	controlled public roads, including longitudinally within limited
1000	access facilities where there is no other practicable
1001	alternative available, to the greatest extent allowed by federal
1002	law, if compliance with the standards established by such rules
1003	is achieved. Such rules may include, but need not be limited to,
1004	that the use of the limited access right-of-way for longitudinal
1005	placement of electric utility transmission lines is reasonable
1006	based upon a consideration of economic and environmental
1007	factors, including, without limitation, other practicable
1008	alternative alignments, utility corridors and easements, impacts
1009	on adjacent property owners, and minimum clear zones and other
1010	safety standards, and further provide that placement of the
1011	electric utility transmission lines within the department's
1012	right-of-way does not interfere with operational requirements of
1013	the transportation facility or planned or potential future
1014	expansion of such transportation facility. If the department
1015	approves longitudinal placement of electric utility transmission
1016	lines in limited access facilities, compensation for the use of
1017	the right-of-way is required. Such consideration or compensation
1018	paid by the electric utility in connection with the department's
1019	issuance of a permit does not create any property right in the
1020	department's property regardless of the amount of consideration
1021	paid or the improvements constructed on the property by the
1022	utility. Upon notice by the department that the property is
1023	needed for expansion or improvement of the transportation
1024	facility, the electric utility transmission line will relocate
1025	at the electric utility's sole expense. The electric utility
1026	shall pay to the department reasonable damages resulting from
1027	the utility's failure or refusal to timely relocate its
1028	transmission lines. The rules to be adopted by the department
1029	may also address the compensation methodology and relocation. As
1030	used in this subsection, the term "base-load generating
1031	facilities" means electric power plants that are certified under
1032	part II of chapter 403.
1033	Section 17.  Subsection (3) and paragraphs (b) and (c) of
1034	subsection (4) of section 339.2816, Florida Statutes, are
1035	amended to read:
1036	339.2816  Small County Road Assistance Program.--
1037	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1038	2009-2010, and beginning again with fiscal year 2012-2013, up to
1039	$25 million annually from the State Transportation Trust Fund
1040	may be used for the purposes of funding the Small County Road
1041	Assistance Program as described in this section.
1042	(4)
1043	(b)  In determining a county's eligibility for assistance
1044	under this program, the department may consider whether the
1045	county has attempted to keep county roads in satisfactory
1046	condition, including the amount of local option fuel tax and ad
1047	valorem millage rate imposed by the county. The department may
1048	also consider the extent to which the county has offered to
1049	provide a match of local funds with state funds provided under
1050	the program. At a minimum, small counties shall be eligible only
1051	if:
1052	1.  the county has enacted the maximum rate of the local
1053	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1054	an ad valorem millage rate of at least 8 mills; or
1055	2.  The county has imposed an ad valorem millage rate of 10
1056	mills.
1057	(c)  The following criteria shall be used to prioritize
1058	road projects for funding under the program:
1059	1.  The primary criterion is the physical condition of the
1060	road as measured by the department.
1061	2.  As secondary criteria the department may consider:
1062	a.  Whether a road is used as an evacuation route.
1063	b.  Whether a road has high levels of agricultural travel.
1064	c.  Whether a road is considered a major arterial route.
1065	d.  Whether a road is considered a feeder road.
1066	e.  Whether a road is located in a fiscally constrained
1067	county as defined in s. 218.67(1).
1068	f.e.  Other criteria related to the impact of a project on
1069	the public road system or on the state or local economy as
1070	determined by the department.
1071	Section 18.  Subsection (1) of section 339.2818, Florida
1072	Statutes, is amended to read:
1073	339.2818  Small County Outreach Program.--
1074	(1)  There is created within the Department of
1075	Transportation the Small County Outreach Program. The purpose of
1076	this program is to assist small county governments in repairing
1077	or rehabilitating county bridges, paving unpaved roads,
1078	addressing road-related drainage improvements, resurfacing or
1079	reconstructing county roads, or in constructing capacity or
1080	safety improvements to county roads.
1081	Section 19.  Subsections (1), (2), and (5) of section
1082	339.64, Florida Statutes, are amended to read:
1083	339.64  Strategic Intermodal System Plan.--
1084	(1)  The department shall develop, in cooperation with
1085	metropolitan planning organizations, regional planning councils,
1086	local governments, the Statewide Intermodal Transportation
1087	Advisory Council and other transportation providers, a Strategic
1088	Intermodal System Plan. The plan shall be consistent with the
1089	Florida Transportation Plan developed pursuant to s. 339.155 and
1090	shall be updated at least once every 5 years, subsequent to
1091	updates of the Florida Transportation Plan.
1092	(2)  In association with the continued development of the
1093	Strategic Intermodal System Plan, the Florida Transportation
1094	Commission, as part of its work program review process, shall
1095	conduct an annual assessment of the progress that the department
1096	and its transportation partners have made in realizing the goals
1097	of economic development, improved mobility, and increased
1098	intermodal connectivity of the Strategic Intermodal System. The
1099	Florida Transportation Commission shall coordinate with the
1100	department, the Statewide Intermodal Transportation Advisory
1101	Council, and other appropriate entities when developing this
1102	assessment. The Florida Transportation Commission shall deliver
1103	a report to the Governor and Legislature no later than 14 days
1104	after the regular session begins, with recommendations as
1105	necessary to fully implement the Strategic Intermodal System.
1106	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
1107	COUNCIL.--
1108	(a)  The Statewide Intermodal Transportation Advisory
1109	Council is created to advise and make recommendations to the
1110	Legislature and the department on policies, planning, and
1111	funding of intermodal transportation projects. The council's
1112	responsibilities shall include:
1113	1.  Advising the department on the policies, planning, and
1114	implementation of strategies related to intermodal
1115	transportation.
1116	2.  Providing advice and recommendations to the Legislature
1117	on funding for projects to move goods and people in the most
1118	efficient and effective manner for the State of Florida.
1119	(b)  MEMBERSHIP.--Members of the Statewide Intermodal
1120	Transportation Advisory Council shall consist of the following:
1121	1.  Six intermodal industry representatives selected by the
1122	Governor as follows:
1123	a.  One representative from an airport involved in the
1124	movement of freight and people from their airport facility to
1125	another transportation mode.
1126	b.  One individual representing a fixed-route, local-
1127	government transit system.
1128	c.  One representative from an intercity bus company
1129	providing regularly scheduled bus travel as determined by
1130	federal regulations.
1131	d.  One representative from a spaceport.
1132	e.  One representative from intermodal trucking companies.
1133	f.  One representative having command responsibilities of a
1134	major military installation.
1135	2.  Three intermodal industry representatives selected by
1136	the President of the Senate as follows:
1137	a.  One representative from major-line railroads.
1138	b.  One representative from seaports listed in s. 311.09(1)
1139	from the Atlantic Coast.
1140	c.  One representative from an airport involved in the
1141	movement of freight and people from their airport facility to
1142	another transportation mode.
1143	3.  Three intermodal industry representatives selected by
1144	the Speaker of the House of Representatives as follows:
1145	a.  One representative from short-line railroads.
1146	b.  One representative from seaports listed in s. 311.09(1)
1147	from the Gulf Coast.
1148	c.  One representative from intermodal trucking companies.
1149	In no event may this representative be employed by the same
1150	company that employs the intermodal trucking company
1151	representative selected by the Governor.
1152	(c)  Initial appointments to the council must be made no
1153	later than 30 days after the effective date of this section.
1154	1.  The initial appointments made by the President of the
1155	Senate and the Speaker of the House of Representatives shall
1156	serve terms concurrent with those of the respective appointing
1157	officer. Beginning January 15, 2005, and for all subsequent
1158	appointments, council members appointed by the President of the
1159	Senate and the Speaker of the House of Representatives shall
1160	serve 2-year terms, concurrent with the term of the respective
1161	appointing officer.
1162	2.  The initial appointees, and all subsequent appointees,
1163	made by the Governor shall serve 2-year terms.
1164	3.  Vacancies on the council shall be filled in the same
1165	manner as the initial appointments.
1166	(d)  Each member of the council shall be allowed one vote.
1167	The council shall select a chair from among its membership.
1168	Meetings shall be held at the call of the chair, but not less
1169	frequently than quarterly. The members of the council shall be
1170	reimbursed for per diem and travel expenses as provided in s.
1171	112.061.
1172	(e)  The department shall provide administrative staff
1173	support and shall ensure that council meetings are
1174	electronically recorded. Such recordings and all documents
1175	received, prepared for, or used by the council in conducting its
1176	business shall be preserved pursuant to chapters 119 and 257.
1177	Section 20.  Subsections (3) and (7) of section 348.51,
1178	Florida Statutes, are amended to read:
1179	348.51  Definitions.--The following terms whenever used or
1180	referred to in this part shall have the following meanings,
1181	except in those instances where the context clearly indicates
1182	otherwise:
1183	(3)  "Bonds" means and includes the notes, bonds, refunding
1184	bonds, or other evidences of indebtedness or obligations, in
1185	either temporary or definitive form, which of the authority is
1186	authorized to issue issued pursuant to this part.
1187	(7)  "Expressway system" or "system" means, generally, a
1188	modern highway system of roads, managed lanes, and other transit
1189	supporting facilities, bridges, causeways, and tunnels in the
1190	metropolitan area of the city, or within any area of the county,
1191	including the Tampa Bay Region as defined by those counties set
1192	forth in s. 343.91(1)(a), with access limited or unlimited as
1193	the authority may determine, and such buildings and structures
1194	and appurtenances and facilities related thereto, including all
1195	approaches, streets, roads, bridges, and avenues of access for
1196	such system.
1197	Section 21.  Section 348.53, Florida Statutes, is amended
1198	to read:
1199	348.53  Purposes of the authority.--The authority is
1200	created for the purposes and shall have power to construct,
1201	reconstruct, improve, extend, repair, maintain and operate the
1202	expressway system. It is hereby found and declared that such
1203	purposes are in all respects for the benefit of the people of
1204	the State of Florida, City of Tampa, and the County of
1205	Hillsborough, and Tampa Bay Region, for the increase of their
1206	pleasure, convenience and welfare, for the improvement of their
1207	health, to facilitate transportation, including transit support
1208	facilities, for their recreation and commerce and for the common
1209	defense. The authority shall be performing a public purpose and
1210	a governmental function in carrying out its corporate purpose
1211	and in exercising the powers granted herein.
1212	Section 22.  Subsections (7) and (8) of section 348.54,
1213	Florida Statutes, are amended to read:
1214	348.54  Powers of the authority.--Except as otherwise
1215	limited herein, the authority shall have the power:
1216	(7)  To borrow money and to make and issue negotiable
1217	bonds, notes, refunding bonds, and other evidences of
1218	indebtedness or obligations, either in temporary or definitive
1219	form, hereinafter in this chapter referred to as "bonds of the
1220	authority," for the purpose of financing all or part of the
1221	improvement or extension of the expressway system, and
1222	appurtenant facilities, including all approaches, streets,
1223	roads, bridges, and avenues of access for the expressway system
1224	and for any other purpose authorized by this part and to provide
1225	for the rights of the holders thereof.
1226	(8)  To secure the payment of bonds by a pledge of all or
1227	any portion of the revenues or such other moneys legally
1228	available therefor and of all or any portion of the Hillsborough
1229	County gasoline tax funds in the manner provided by this part;
1230	and in general to provide for the security of the bonds and the
1231	rights and remedies of the holders thereof. Interest upon the
1232	amount of gasoline tax funds to be repaid to the county pursuant
1233	to s. 348.60 shall be payable, at the highest rate applicable to
1234	any outstanding bonds of the authority, out of revenues and
1235	other available moneys not required to meet the authority's
1236	obligations to its bondholders. The authority shall have no
1237	power at any time or in any manner to pledge the credit or
1238	taxing power of the state or any political subdivision or
1239	agency, including the city and the county, nor shall any of the
1240	authority's obligations be deemed to be obligations of the state
1241	or of any political subdivision or agency, nor shall the state
1242	or any political subdivision or agency, except the authority, be
1243	liable for the payment of the principal of or interest on such
1244	obligations.
1245	Section 23.  Section 348.545, Florida Statutes, is amended
1246	to read:
1247	348.545  Facility improvement; bond financing
1248	authority.--Pursuant to s. 11(f), Art. VII of the State
1249	Constitution, the Legislature hereby approves for bond financing
1250	by the Tampa-Hillsborough County Expressway Authority
1251	improvements to toll collection facilities, interchanges to the
1252	legislatively approved expressway system, and any other facility
1253	appurtenant, necessary, or incidental to the approved system.
1254	Subject to terms and conditions of applicable revenue bond
1255	resolutions and covenants, such costs financing may be financed
1256	in whole or in part by revenue bonds issued pursuant to s.
1257	348.56(1)(a) or (b) whether currently issued or issued in the
1258	future, or by a combination of such bonds.
1259	Section 24.  Subsections (1) and (2) of section 348.56,
1260	Florida Statutes, are amended to read:
1261	348.56  Bonds of the authority.--
1262	(1)(a)  Bonds may be issued on behalf of the authority
1263	pursuant to the State Bond Act.
1264	(b)  Alternatively, the authority shall have the power and
1265	is hereby authorized from time to time to issue bonds in such
1266	principal amount as, in the opinion of the authority, shall be
1267	necessary to provide sufficient moneys for achieving its
1268	corporate purposes, including construction, reconstruction,
1269	improvement, extension, repair, maintenance and operation of the
1270	expressway system, the cost of acquisition of all real property,
1271	interest on bonds during construction and for a reasonable
1272	period thereafter, establishment of reserves to secure bonds,
1273	and all other expenditures of the authority incident to and
1274	necessary or convenient to carry out its corporate purposes and
1275	powers.
1276	(2)(a)  Bonds issued by the authority pursuant to paragraph
1277	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1278	the members of the authority and shall bear such date or dates,
1279	mature at such time or times, not exceeding 40 years from their
1280	respective dates, bear interest at such rate or rates, not
1281	exceeding the maximum rate fixed by general law for authorities,
1282	be in such denominations, be in such form, either coupon or
1283	fully registered, carry such registration, exchangeability and
1284	interchangeability privileges, be payable in such medium of
1285	payment and at such place or places, be subject to such terms of
1286	redemption and be entitled to such priorities of lien on the
1287	revenues, other available moneys, and the Hillsborough County
1288	gasoline tax funds as such resolution or any resolution
1289	subsequent thereto may provide. The bonds shall be executed
1290	either by manual or facsimile signature by such officers as the
1291	authority shall determine, provided that such bonds shall bear
1292	at least one signature which is manually executed thereon. The
1293	coupons attached to such bonds shall bear the facsimile
1294	signature or signatures of such officer or officers as shall be
1295	designated by the authority. Such bonds shall have the seal of
1296	the authority affixed, imprinted, reproduced, or lithographed
1297	thereon.
1298	(b)  The bonds issued pursuant to paragraph (1)(a) or
1299	paragraph (1)(b) shall be sold at public sale in the same manner
1300	provided in the State Bond Act, and the net interest cost to the
1301	authority on such bonds shall not exceed the maximum rate fixed
1302	by general law for authorities. If all bids received on the
1303	public sale are rejected, the authority may then proceed to
1304	negotiate for the sale of the bonds at a net interest cost which
1305	shall be less than the lowest net interest cost stated in the
1306	bids rejected at the public sale. However, if the authority
1307	determines, by official action at a public meeting, that a
1308	negotiated sale of such bonds is in the best interest of the
1309	authority, the authority may negotiate the sale of such bonds
1310	with the underwriter or underwriters designated by the authority
1311	and the Division of Bond Finance within the State Board of
1312	Administration with respect to bonds issued pursuant to
1313	paragraph (1)(a) or solely by the authority with respect to
1314	bonds issued pursuant to paragraph (1)(b). The authority's
1315	determination to negotiate the sale of such bonds may be based,
1316	in part, upon the written advice of the authority's financial
1317	adviser. Pending the preparation of definitive bonds, temporary
1318	bonds or interim certificates may be issued to the purchaser or
1319	purchasers of such bonds and may contain such terms and
1320	conditions as the authority may determine.
1321	Section 25.  Section 348.565, Florida Statutes, is amended
1322	to read:
1323	348.565  Revenue bonds for specified projects.--The
1324	existing facilities that constitute the Tampa-Hillsborough
1325	County Expressway System are hereby approved to be refinanced by
1326	the issuance of revenue bonds issued by the Division of Bond
1327	Finance of the State Board of Administration pursuant to s.
1328	11(f), Art. VII of the State Constitution and the State Bond
1329	Act, or by revenue bonds issued by the authority pursuant to s.
1330	348.56(1)(b). In addition, the following projects of the Tampa-
1331	Hillsborough County Expressway Authority are approved to be
1332	financed or refinanced by the issuance of revenue bonds in
1333	accordance with this part and pursuant to s. 11(f), Art. VII of
1334	the State Constitution:
1335	(1)  Brandon area feeder roads.
1336	(2)  Capital improvements to the expressway system,
1337	including safety and operational improvements and toll
1338	collection equipment.
1339	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1340	(4)  The connector highway linking the Lee Roy Selmon
1341	Crosstown Expressway to Interstate 4.
1342	(5)  Managed lanes and other transit support facilities.
1343	Section 26.  Subsection (1) of section 348.57, Florida
1344	Statutes, is amended to read:
1345	348.57  Refunding bonds.--
1346	(1)  Subject to public notice as provided in s. 348.54, the
1347	authority is authorized to provide by resolution for the
1348	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1349	for the purpose of refunding any bonds then outstanding
1350	regardless of whether the bonds being refunded were issued by
1351	the authority pursuant to this chapter or on behalf of the
1352	authority pursuant to the State Bond Act. The authority is
1353	further authorized to provide by resolution for the issuance of
1354	bonds for the combined purpose of:
1355	(a)  Paying the cost of constructing, reconstructing,
1356	improving, extending, repairing, maintaining and operating the
1357	expressway system.
1358	(b)  Refunding bonds then outstanding. The authorization,
1359	sale and issuance of such obligations, the maturities and other
1360	details thereof, the rights and remedies of the holders thereof,
1361	and the rights, powers, privileges, duties and obligations of
1362	the authority with respect to the same shall be governed by the
1363	foregoing provisions of this part insofar as the same may be
1364	applicable.
1365	Section 27.  Section 348.70, Florida Statutes, is amended
1366	to read:
1367	348.70  This part complete and additional authority.--
1368	(1)  The powers conferred by this part shall be in addition
1369	and supplemental to the existing respective powers of the
1370	authority, the department, the county, and the city, if any, and
1371	this part shall not be construed as repealing any of the
1372	provisions of any other law, general, special, or local, but
1373	shall be deemed to supersede such other law or laws in the
1374	exercise of the powers provided in this part insofar as such
1375	other law or laws are inconsistent with the provisions of this
1376	part and to provide a complete method for the exercise of the
1377	powers granted herein. The construction, reconstruction,
1378	improvement, extension, repair, maintenance, and operation of
1379	the expressway system, and the issuance of bonds hereunder to
1380	finance all or part of the cost thereof, may be accomplished
1381	upon compliance with the provisions of this part without regard
1382	to or necessity for compliance with the provisions, limitations,
1383	or restrictions contained in any other general, special, or
1384	local law, including, but not limited to, s. 215.821, and no
1385	approval of any bonds issued under this part by the qualified
1386	electors or qualified electors who are freeholders in the state
1387	or in the county or in the city or in any other political
1388	subdivision of the state shall be required for the issuance of
1389	such bonds.
1390	(2)  This part does not repeal, rescind, or modify any
1391	other law or laws relating to the State Board of Administration,
1392	the Department of Transportation, or the Division of Bond
1393	Finance of the State Board of Administration, but shall
1394	supersede such other law or laws as are inconsistent with the
1395	provisions of this part, including, but not limited to, s.
1396	215.821.
1397	Section 28.  Subsection (6) of section 369.317, Florida
1398	Statutes, is amended to read:
1399	369.317  Wekiva Parkway.--
1400	(6)  The Orlando-Orange County Expressway Authority is
1401	hereby granted the authority to act as a third-party acquisition
1402	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1403	or chapter 373 on behalf of the governing board of the St. Johns
1404	River Water Management District, for the acquisition of all
1405	necessary lands, property and all interests in property
1406	identified herein, including fee simple or less-than-fee simple
1407	interests. The lands subject to this authority are identified in
1408	paragraph 10.a., State of Florida, Office of the Governor,
1409	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1410	of the Wekiva Basin Area Task Force created by Executive Order
1411	2002-259, such lands otherwise known as Neighborhood Lakes, a
1412	1,587+/- acre parcel located in Orange and Lake Counties within
1413	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1414	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1415	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
1416	County within Section 37, Township 19 South, Range 28 East; New
1417	Garden Coal; a 1,605+/- acre parcel in Lake County within
1418	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1419	East; Pine Plantation, a 617+/- acre tract consisting of eight
1420	individual parcels within the Apopka City limits. The Department
1421	of Transportation, the Department of Environmental Protection,
1422	the St. Johns River Water Management District, and other land
1423	acquisition entities shall participate and cooperate in
1424	providing information and support to the third-party acquisition
1425	agent. The land acquisition process authorized by this paragraph
1426	shall begin no later than December 31, 2004. Acquisition of the
1427	properties identified as Neighborhood Lakes, Pine Plantation,
1428	and New Garden Coal, or approval as a mitigation bank shall be
1429	concluded no later than December 31, 2010. Department of
1430	Transportation and Orlando-Orange County Expressway Authority
1431	funds expended to purchase an interest in those lands identified
1432	in this subsection shall be eligible as environmental mitigation
1433	for road construction related impacts in the Wekiva Study Area.
1434	If any of the lands identified in this subsection are used as
1435	environmental mitigation for road-construction-related impacts
1436	incurred by the Department of Transportation or the Orlando-
1437	Orange County Expressway Authority, or for other impacts
1438	incurred by other entities, within the Wekiva Study Area or
1439	within the Wekiva Parkway alignment corridor and, if the
1440	mitigation offsets such impacts, the St. Johns River Water
1441	Management District and the Department of Environmental
1442	Protection shall consider the activity regulated under part IV
1443	of chapter 373 to meet the cumulative impact requirements of s.
1444	373.414(8)(a).
1445	(a)  Acquisition of the land described in this section is
1446	required to provide right of way for the Wekiva Parkway, a
1447	limited access roadway linking State Road 429 to Interstate 4,
1448	an essential component in meeting regional transportation needs
1449	to provide regional connectivity, improve safety, accommodate
1450	projected population and economic growth, and satisfy critical
1451	transportation requirements caused by increased traffic volume
1452	growth and travel demands.
1453	(b)  Acquisition of the lands described in this section is
1454	also required to protect the surface water and groundwater
1455	resources of Lake, Orange, and Seminole counties, otherwise
1456	known as the Wekiva Study Area, including recharge within the
1457	springshed that provides for the Wekiva River system. Protection
1458	of this area is crucial to the long term viability of the Wekiva
1459	River and springs and the central Florida region's water supply.
1460	Acquisition of the lands described in this section is also
1461	necessary to alleviate pressure from growth and development
1462	affecting the surface and groundwater resources within the
1463	recharge area.
1464	(c)  Lands acquired pursuant to this section that are
1465	needed for transportation facilities for the Wekiva Parkway
1466	shall be determined not necessary for conservation purposes
1467	pursuant to ss. 253.034(6) and 373.089(5) and shall be
1468	transferred to or retained by the Orlando-Orange County
1469	Expressway Authority or the Department of Transportation upon
1470	reimbursement of the full purchase price and acquisition costs.
1471	Section 29.  Section 705.18, Florida Statutes, is amended
1472	to read:
1473	705.18  Disposal of personal property lost or abandoned on
1474	university or community college campuses or certain public-use
1475	airports; disposition of proceeds from sale thereof.--
1476	(1)  Whenever any lost or abandoned personal property shall
1477	be found on a campus of an institution in the State University
1478	System or a campus of a state-supported community college, or on
1479	premises owned or controlled by the operator of a public-use
1480	airport having regularly scheduled international passenger
1481	service, the president of the institution or the president's
1482	designee or the director of the airport or the director's
1483	designee shall take charge thereof and make a record of the date
1484	such property was found. If, within 30 days after such property
1485	is found, or a longer period of time as may be deemed
1486	appropriate by the president or the director under the
1487	circumstances, the property it is not claimed by the owner, the
1488	president or director shall order it sold at public outcry after
1489	giving notice of the time and place of sale in a publication of
1490	general circulation on the campus of such institution or within
1491	the county where the airport is located and written notice to
1492	the owner if known. The rightful owner of such property may
1493	reclaim the same at any time prior to sale.
1494	(2)  All moneys realized from such institution's sale shall
1495	be placed in an appropriate fund and used solely for student
1496	scholarship and loan purposes. All moneys realized from such
1497	sale by an airport, less its costs of storage, transportation,
1498	and publication of notice, shall, unless another use is required
1499	by federal law, be deposited into the state school fund.
1500	Section 30.  Section 705.182, Florida Statutes, is created
1501	to read:
1502	705.182  Disposal of personal property found on the
1503	premises of public-use airports.--
1504	(1)  Whenever any personal property, other than an aircraft
1505	or motor vehicle, is found on premises owned or controlled by
1506	the operator of a public-use airport, the director of the
1507	airport or the director's designee shall take charge thereof and
1508	make a record of the date such property was found.
1509	(2)  If, within 30 calendar days after such property is
1510	found or for a longer period of time as may be deemed
1511	appropriate by the director or the director's designee under the
1512	circumstances, the property is not claimed by the owner, the
1513	director or the director's designee may:
1514	(a)  Retain any or all of the property for use by the
1515	airport or for use by the state or the unit of local government
1516	owning or operating the airport;
1517	(b)  Trade such property to another unit of local
1518	government or a state agency;
1519	(c)  Donate the property to a charitable organization;
1520	(d)  Sell the property; or
1521	(e)  Dispose of the property through an appropriate refuse
1522	removal company or a company that provides salvage services for
1523	the type of personal property found or located on the airport
1524	premises.
1525	(3)  The airport shall notify the owner, if known, of the
1526	property found on the airport premises and that the airport
1527	intends to dispose of the property as provided in subsection
1528	(2).
1529	(4)  If the airport elects to sell the property under
1530	paragraph (2)(d), the property must be sold at a public auction
1531	either on the Internet or at a specified physical location after
1532	giving notice of the time and place of sale, at least 10
1533	calendar days prior to the date of sale, in a publication of
1534	general circulation within the county where the airport is
1535	located and after written notice, via certified mail, return
1536	receipt requested, is provided to the owner, if known. Any such
1537	notice shall be sufficient if the notice refers to the airport's
1538	intention to sell all then-accumulated found property, and there
1539	is no requirement that the notice identify each item to be sold.
1540	The rightful owner of such property may reclaim the property at
1541	any time prior to sale by presenting acceptable evidence of
1542	ownership to the airport director or the director's designee.
1543	All proceeds from the sale of the property shall be retained by
1544	the airport for use by the airport in any lawfully authorized
1545	manner.
1546	(5)  Nothing in this section shall preclude the airport
1547	from allowing a domestic or international air carrier or other
1548	tenant, on premises owned or controlled by the operator of a
1549	public-use airport, to establish its own lost and found
1550	procedures for personal property and to dispose of such personal
1551	property.
1552	(6)  A purchaser or recipient in good faith of personal
1553	property sold or obtained under this section shall take the
1554	property free of the rights of persons then holding any legal or
1555	equitable interest thereto, whether or not recorded.
1556	Section 31.  Section 705.183, Florida Statutes, is created
1557	to read:
1558	705.183  Disposal of derelict or abandoned aircraft on the
1559	premises of public-use airports.--
1560	(1)(a)  Whenever any derelict or abandoned aircraft is
1561	found or located on premises owned or controlled by the operator
1562	of a public-use airport, whether or not such premises are under
1563	a lease or license to a third party, the director of the airport
1564	or the director's designee shall make a record of the date the
1565	aircraft was found or determined to be present on the airport
1566	premises.
1567	(b)  For purposes of this section, the term:
1568	1.  "Abandoned aircraft" means an aircraft that has been
1569	disposed of on a public-use airport in a wrecked, inoperative,
1570	or partially dismantled condition or an aircraft that has
1571	remained in an idle state on premises owned or controlled by the
1572	operator of a public-use airport for 45 consecutive calendar
1573	days.
1574	2.  "Derelict aircraft" means any aircraft that is not in a
1575	flyable condition, does not have a current certificate of air
1576	worthiness issued by the Federal Aviation Administration, and is
1577	not in the process of actively being repaired.
1578	(2)  The director or the director's designee shall contact
1579	the Federal Aviation Administration, Aircraft Registration
1580	Branch, to determine the name and address of the last registered
1581	owner of the aircraft and shall make a diligent personal search
1582	of the appropriate records, or contact an aircraft title search
1583	company, to determine the name and address of any person having
1584	an equitable or legal interest in the aircraft. Within 10
1585	business days after receipt of the information, the director or
1586	the director's designee shall notify the owner and all persons
1587	having an equitable or legal interest in the aircraft by
1588	certified mail, return receipt requested, of the location of the
1589	derelict or abandoned aircraft on the airport premises, that
1590	fees and charges for the use of the airport by the aircraft have
1591	accrued and the amount thereof, that the aircraft is subject to
1592	a lien under subsection (5) for the accrued fees and charges for
1593	the use of the airport and for the transportation, storage, and
1594	removal of the aircraft, that the lien is subject to enforcement
1595	pursuant to law, and that the airport may cause the use, trade,
1596	sale, or removal of the aircraft as described in s.
1597	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
1598	after the date of receipt of such notice, the aircraft has not
1599	been removed from the airport upon payment in full of all
1600	accrued fees and charges for the use of the airport and for the
1601	transportation, storage, and removal of the aircraft. Such
1602	notice may require removal of the aircraft in less than 30
1603	calendar days if the aircraft poses a danger to the health or
1604	safety of users of the airport, as determined by the director or
1605	the director's designee.
1606	(3)  If the owner of the aircraft is unknown or cannot be
1607	found, the director or the director's designee shall cause a
1608	laminated notice to be placed upon such aircraft in
1609	substantially the following form:
1610
1611	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1612	PROPERTY.  This property, to wit:  (setting forth brief
1613	description) is unlawfully upon public property known as
1614	(setting forth brief description of location) and has accrued
1615	fees and charges for the use of the (same description of
1616	location as above) and for the transportation, storage, and
1617	removal of the property. These accrued fees and charges must be
1618	paid in full and the property must be removed within 30 calendar
1619	days after the date of this notice; otherwise, the property will
1620	be removed and disposed of pursuant to chapter 705, Florida
1621	Statutes. The property is subject to a lien for all accrued fees
1622	and charges for the use of the public property known as (same
1623	description of location as above) by such property and for all
1624	fees and charges incurred by the public property known as (same
1625	description of location as above) for the transportation,
1626	storage, and removal of the property. This lien is subject to
1627	enforcement pursuant to law. The owner will be liable for such
1628	fees and charges, as well as the cost for publication of this
1629	notice. Dated this:  (setting forth the date of posting of
1630	notice), signed:  (setting forth name, title, address, and
1631	telephone number of law enforcement officer).
1632
1633	Such notice shall be not less than 8 inches by 10 inches and
1634	shall be sufficiently weatherproof to withstand normal exposure
1635	to the weather. If, at the end of 30 calendar days after posting
1636	the notice, the owner or any person interested in the described
1637	derelict or abandoned aircraft has not removed the aircraft from
1638	the airport upon payment in full of all accrued fees and charges
1639	for the use of the airport and for the transportation, storage,
1640	and removal of the aircraft, or shown reasonable cause for
1641	failure to do so, the director or the director's designee may
1642	cause the use, trade, sale, or removal of the aircraft as
1643	described in s. 705.182(2)(a), (b), (d), or (e).
1644	(4)  Such aircraft shall be removed within the time period
1645	specified in the notice provided under subsection (2) or
1646	subsection (3). If, at the end of such period of time, the owner
1647	or any person interested in the described derelict or abandoned
1648	aircraft has not removed the aircraft from the airport upon
1649	payment in full of all accrued fees and charges for the use of
1650	the airport and for the transportation, storage, and removal of
1651	the aircraft, or shown reasonable cause for the failure to do
1652	so, the director or the director's designee may cause the use,
1653	trade, sale, or removal of the aircraft as described in s.
1654	705.182(2)(a), (b), (d), or (e).
1655	(a)  If the airport elects to sell the aircraft in
1656	accordance with s. 705.182(2)(d), the aircraft must be sold at
1657	public auction after giving notice of the time and place of
1658	sale, at least 10 calendar days prior to the date of sale, in a
1659	publication of general circulation within the county where the
1660	airport is located and after providing written notice of the
1661	intended sale to all parties known to have an interest in the
1662	aircraft.
1663	(b)  If the airport elects to dispose of the aircraft in
1664	accordance with s. 705.182(2)(e), the airport shall be entitled
1665	to negotiate with the company for a price to be received from
1666	such company in payment for the aircraft, or, if circumstances
1667	so warrant, a price to be paid to such company by the airport
1668	for the costs of disposing of the aircraft. All information
1669	pertaining to the establishment of such price and the
1670	justification for the amount of such price shall be prepared and
1671	maintained by the airport, and such negotiated price shall be
1672	deemed to be a commercially reasonable price.
1673	(c)  If the sale price or the negotiated price is less than
1674	the airport's then current charges and costs against the
1675	aircraft, or if the airport is required to pay the salvage
1676	company for its services, the owner of the aircraft shall remain
1677	liable to the airport for the airport's costs that are not
1678	offset by the sale price or negotiated price, in addition to the
1679	owner's liability for payment to the airport of the price the
1680	airport was required to pay any salvage company. All costs
1681	incurred by the airport in the removal, storage, and sale of any
1682	aircraft shall be recoverable against the owner thereof.
1683	(5)  The airport shall have a lien on a derelict or
1684	abandoned aircraft for all fees and charges for the use of the
1685	airport by such aircraft and for all fees and charges incurred
1686	by the airport for the transportation, storage, and removal of
1687	the aircraft. As a prerequisite to perfecting a lien under this
1688	section, the airport director or the director's designee must
1689	serve a notice in accordance with subsection (2) on the last
1690	registered owner and all persons having an equitable or legal
1691	interest in the aircraft. Serving the notice does not dispense
1692	with recording the claim of lien.
1693	(6)(a)  For the purpose of perfecting its lien under this
1694	section, the airport shall record a claim of lien which shall
1695	state:
1696	1.  The name and address of the airport.
1697	2.  The name of the last registered owner of the aircraft
1698	and all persons having a legal or equitable interest in the
1699	aircraft.
1700	3.  The fees and charges incurred by the aircraft for the
1701	use of the airport and the fees and charges for the
1702	transportation, storage, and removal of the aircraft.
1703	4.  A description of the aircraft sufficient for
1704	identification.
1705	(b)  The claim of lien shall be signed and sworn to or
1706	affirmed by the airport director or the director's designee.
1707	(c)  The claim of lien shall be sufficient if it is in
1708	substantially the following form:
1709
1710	CLAIM OF LIEN
1711	State of ______
1712	County of ______
1713	Before me, the undersigned notary public, personally appeared
1714	______, who was duly sworn and says that he/she is the
1715	________of ________, whose address is________; and that the
1716	following described aircraft:
1717	(Description of aircraft)
1718	owned by __________, whose address is ____________, has accrued
1719	$___________in fees and charges for the use by the aircraft of
1720	______________ and for the transportation, storage, and removal
1721	of the aircraft from _______________; that the lienor served its
1722	notice to the last registered owner and all persons having a
1723	legal or equitable interest in the aircraft on ____, (year),
1724	by________.
1725	(Signature)
1726	Sworn to (or affirmed) and subscribed before me this _____day
1727	of___, (year), by (name of person making statement).
1728	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
1729	name of Notary Public)
1730	Personally Known___OR Produced_____as identification.
1731
1732	However, the negligent inclusion or omission of any information
1733	in this claim of lien which does not prejudice the last
1734	registered owner does not constitute a default that operates to
1735	defeat an otherwise valid lien.
1736	(d)  The claim of lien shall be served on the last
1737	registered owner of the aircraft and all persons having an
1738	equitable or legal interest in the aircraft. The claim of lien
1739	shall be so served before recordation.
1740	(e)  The claim of lien shall be recorded with the clerk of
1741	court in the county where the airport is located. The recording
1742	of the claim of lien shall be constructive notice to all persons
1743	of the contents and effect of such claim. The lien shall attach
1744	at the time of recordation and shall take priority as of that
1745	time.
1746	(7)  A purchaser or recipient in good faith of an aircraft
1747	sold or obtained under this section takes the property free of
1748	the rights of persons then holding any legal or equitable
1749	interest thereto, whether or not recorded. The purchaser or
1750	recipient is required to notify the appropriate Federal Aviation
1751	Administration office of such change in the registered owner of
1752	the aircraft.
1753	(8)  If the aircraft is sold at public sale, the airport
1754	shall deduct from the proceeds of sale the costs of
1755	transportation, storage, publication of notice, and all other
1756	costs reasonably incurred by the airport, and any balance of the
1757	proceeds shall be deposited into an interest-bearing account not
1758	later than 30 calendar days after the airport's receipt of the
1759	proceeds and held there for 1 year. The rightful owner of the
1760	aircraft may claim the balance of the proceeds within 1 year
1761	after the date of the deposit by making application to the
1762	airport and presenting acceptable written evidence of ownership
1763	to the airport's director or the director's designee. If no
1764	rightful owner claims the proceeds within the 1-year time
1765	period, the balance of the proceeds shall be retained by the
1766	airport to be used in any manner authorized by law.
1767	(9)  Any person acquiring a legal interest in an aircraft
1768	that is sold by an airport under this section or s. 705.182
1769	shall be the lawful owner of such aircraft and all other legal
1770	or equitable interests in such aircraft shall be divested and of
1771	no further force and effect, provided that the holder of any
1772	such legal or equitable interests was notified of the intended
1773	disposal of the aircraft to the extent required in this section.
1774	The airport may issue documents of disposition to the purchaser
1775	or recipient of an aircraft disposed of under this section.
1776	Section 32.  Section 705.184, Florida Statutes, is created
1777	to read:
1778	705.184  Derelict or abandoned motor vehicles on the
1779	premises of public-use airports.--
1780	(1)(a)  Whenever any derelict or abandoned motor vehicle is
1781	found on premises owned or controlled by the operator of a
1782	public-use airport, including airport premises leased to a third
1783	party, the director of the airport or the director's designee
1784	may take charge thereof and make a record of the date such motor
1785	vehicle was found.
1786	(b)  For purposes of this section, the term:
1787	1.  "Abandoned motor vehicle" means a motor vehicle that
1788	has been disposed of on a public-use airport in a wrecked,
1789	inoperative, or partially dismantled condition or a motor
1790	vehicle that has remained in an idle state on the premises of a
1791	public-use airport for 45 consecutive calendar days.
1792	2.  "Derelict motor vehicle" means any motor vehicle that
1793	is not in a drivable condition.
1794	(c)  After the information relating to the abandoned or
1795	derelict motor vehicle is recorded in the airport's records, the
1796	director or the director's designee may cause the motor vehicle
1797	to be removed from airport premises by the airport's wrecker or
1798	by a licensed independent wrecker company to be stored at a
1799	suitable location on or off the airport premises. If the motor
1800	vehicle is to be removed from airport premises by the airport's
1801	wrecker, the airport must follow the procedures in subsections
1802	(2)-(8). The procedures in subsections (2)-(8) do not apply if
1803	the motor vehicle is removed from the airport premises by a
1804	licensed independent wrecker company.
1805	(2)  The airport director or the director's designee shall
1806	contact the Department of Highway Safety and Motor Vehicles to
1807	notify that department that the airport has possession of the
1808	abandoned or derelict motor vehicle and to determine the name
1809	and address of the owner of the motor vehicle, the insurance
1810	company insuring the motor vehicle notwithstanding the
1811	provisions of s. 627.736, and any person who has filed a lien on
1812	the motor vehicle. Within 7 business days after receipt of the
1813	information, the director or the director's designee shall send
1814	notice by certified mail, return receipt requested, to the owner
1815	of the motor vehicle, the insurance company insuring the motor
1816	vehicle notwithstanding the provisions of s. 627.736, and all
1817	persons of record claiming a lien against the motor vehicle. The
1818	notice shall state the fact of possession of the motor vehicle,
1819	that charges for reasonable towing, storage, and parking fees,
1820	if any, have accrued and the amount thereof, that a lien as
1821	provided in subsection (6) will be claimed, that the lien is
1822	subject to enforcement pursuant to law, that the owner or
1823	lienholder, if any, has the right to a hearing as set forth in
1824	subsection (4), and that any motor vehicle which, at the end of
1825	30 calendar days after receipt of the notice, has not been
1826	removed from the airport upon payment in full of all accrued
1827	charges for reasonable towing, storage, and parking fees, if
1828	any, may be disposed of as provided in s. 705.182(2)(a), (b),
1829	(d), or (e), including, but not limited to, the motor vehicle
1830	being sold free of all prior liens after 35 calendar days after
1831	the time the motor vehicle is stored if any prior liens on the
1832	motor vehicle are more than 5 years of age or after 50 calendar
1833	days after the time the motor vehicle is stored if any prior
1834	liens on the motor vehicle are 5 years of age or less.
1835	(3)  If attempts to notify the owner or lienholder pursuant
1836	to subsection (2) are not successful, the requirement of notice
1837	by mail shall be considered met and the director or the
1838	director's designee, in accordance with subsection (5), may
1839	cause the motor vehicle to be disposed of as provided in s.
1840	705.182(2)(a), (b), (d), or (e), including, but not limited to,
1841	the motor vehicle being sold free of all prior liens after 35
1842	calendar days after the time the motor vehicle is stored if any
1843	prior liens on the motor vehicle are more than 5 years of age or
1844	after 50 calendar days after the time the motor vehicle is
1845	stored if any prior liens on the motor vehicle are 5 years of
1846	age or less.
1847	(4)(a)  The owner of, or any person with a lien on, a motor
1848	vehicle removed pursuant to subsection (1), may, within 10
1849	calendar days after the time he or she has knowledge of the
1850	location of the motor vehicle, file a complaint in the county
1851	court of the county in which the motor vehicle is stored to
1852	determine if his or her property was wrongfully taken or
1853	withheld.
1854	(b)  Upon filing a complaint, an owner or lienholder may
1855	have his or her motor vehicle released upon posting with the
1856	court a cash or surety bond or other adequate security equal to
1857	the amount of the fees for towing, storage, and accrued parking,
1858	if any, to ensure the payment of such fees in the event he or
1859	she does not prevail. Upon the posting of the bond or other
1860	adequate security and the payment of any applicable fee, the
1861	clerk of the court shall issue a certificate notifying the
1862	airport of the posting of the bond or other adequate security
1863	and directing the airport to release the motor vehicle. At the
1864	time of such release, after reasonable inspection, the owner or
1865	lienholder shall give a receipt to the airport reciting any
1866	claims he or she has for loss or damage to the motor vehicle or
1867	the contents thereof.
1868	(5)  If, after 30 calendar days after receipt of the
1869	notice, the owner or any person claiming a lien has not removed
1870	the motor vehicle from its storage location upon payment in full
1871	of all accrued charges for reasonable towing, storage, and
1872	parking fees, if any, or shown reasonable cause for the failure
1873	to do so, the airport director or the director's designee may
1874	dispose of the motor vehicle as provided in s. 705.182(2)(a),
1875	(b), (d), or (e). If the airport elects to sell the motor
1876	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
1877	sold free of all prior liens after 35 calendar days after the
1878	time the motor vehicle is stored if any prior liens on the motor
1879	vehicle are more than 5 years of age or after 50 calendar days
1880	after the time the motor vehicle is stored if any prior liens on
1881	the motor vehicle are 5 years of age or less. The sale shall be
1882	a public auction either on the Internet or at a specified
1883	physical location. If the date of the sale was not included in
1884	the notice required in subsection (2), notice of the sale, sent
1885	by certified mail, return receipt requested, shall be given to
1886	the owner of the motor vehicle and to all persons claiming a
1887	lien on the motor vehicle. Such notice shall be mailed not less
1888	than 10 calendar days before the date of the sale. In addition
1889	to the notice by mail, public notice of the time and place of
1890	the sale at auction shall be made by publishing a notice thereof
1891	one time, at least 10 calendar days prior to the date of sale,
1892	in a newspaper of general circulation in the county in which the
1893	sale is to be held. All costs incurred by the airport for the
1894	towing, storage, and sale of the motor vehicle, as well as all
1895	accrued parking fees, if any, shall be recovered by the airport
1896	from the proceeds of the sale, and any proceeds of the sale in
1897	excess of such costs shall be retained by the airport for use by
1898	the airport in any manner authorized by law.
1899	(6)  The airport pursuant to this section or, if used, a
1900	licensed independent wrecker company pursuant to s. 713.78 shall
1901	have a lien on an abandoned or derelict motor vehicle for all
1902	reasonable towing, storage, and accrued parking fees, if any,
1903	except that no storage fee shall be charged if the motor vehicle
1904	is stored less than 6 hours. As a prerequisite to perfecting a
1905	lien under this section, the airport director or the director's
1906	designee must serve a notice in accordance with subsection (2)
1907	on the owner of the motor vehicle, the insurance company
1908	insuring the motor vehicle notwithstanding the provisions of s.
1909	627.736, and all persons of record claiming a lien against the
1910	motor vehicle. If attempts to notify the owner, the insurance
1911	company insuring the motor vehicle notwithstanding the
1912	provisions of s. 627.736, or lienholders are not successful, the
1913	requirement of notice by mail shall be considered met. Serving
1914	of the notice does not dispense with recording the claim of
1915	lien.
1916	(7)(a)  For the purpose of perfecting its lien under this
1917	section, the airport shall record a claim of lien which shall
1918	state:
1919	1.  The name and address of the airport.
1920	2.  The name of the owner of the motor vehicle, the
1921	insurance company insuring the motor vehicle notwithstanding the
1922	provisions of s. 627.736, and all persons of record claiming a
1923	lien against the motor vehicle.
1924	3.  The costs incurred from reasonable towing, storage, and
1925	parking fees, if any.
1926	4.  A description of the motor vehicle sufficient for
1927	identification.
1928	(b)  The claim of lien shall be signed and sworn to or
1929	affirmed by the airport director or the director's designee.
1930	(c)  The claim of lien shall be sufficient if it is in
1931	substantially the following form:
1932
1933	CLAIM OF LIEN
1934	State of ______
1935	County of ______
1936	Before me, the undersigned notary public, personally appeared
1937	______, who was duly sworn and says that he/she is the
1938	________of _____________, whose address is________; and that the
1939	following described motor vehicle:
1940	(Description of motor vehicle)
1941	owned by __________, whose address is ____________, has accrued
1942	$___________in fees for a reasonable tow, for storage, and for
1943	parking, if applicable; that the lienor served its notice to the
1944	owner, the insurance company insuring the motor vehicle
1945	notwithstanding the provisions of s. 627.736, Florida Statutes,
1946	and all persons of record claiming a lien against the motor
1947	vehicle on ____, (year), by________.
1948	(Signature)
1949	Sworn to (or affirmed) and subscribed before me this _____day
1950	of___, (year), by (name of person making statement).
1951	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
1952	name of Notary Public)
1953	Personally Known___OR Produced_____as identification.
1954
1955	However, the negligent inclusion or omission of any information
1956	in this claim of lien which does not prejudice the owner does
1957	not constitute a default that operates to defeat an otherwise
1958	valid lien.
1959	(d)  The claim of lien shall be served on the owner of the
1960	motor vehicle, the insurance company insuring the motor vehicle
1961	notwithstanding the provisions of s. 627.736, and all persons of
1962	record claiming a lien against the motor vehicle. If attempts to
1963	notify the owner, the insurance company insuring the motor
1964	vehicle notwithstanding the provisions of s. 627.736, or
1965	lienholders are not successful, the requirement of notice by
1966	mail shall be considered met. The claim of lien shall be so
1967	served before recordation.
1968	(e)  The claim of lien shall be recorded with the clerk of
1969	court in the county where the airport is located. The recording
1970	of the claim of lien shall be constructive notice to all persons
1971	of the contents and effect of such claim. The lien shall attach
1972	at the time of recordation and shall take priority as of that
1973	time.
1974	(8)  A purchaser or recipient in good faith of a motor
1975	vehicle sold or obtained under this section takes the property
1976	free of the rights of persons then holding any legal or
1977	equitable interest thereto, whether or not recorded.
1978	Section 33.  Subsection (3) of section 288.063, Florida
1979	Statutes, is amended to read:
1980	288.063  Contracts for transportation projects.--
1981	(3)  With respect to any contract executed pursuant to this
1982	section, the term "transportation project" means a
1983	transportation facility as defined in s. 334.03(28)(31) which is
1984	necessary in the judgment of the Office of Tourism, Trade, and
1985	Economic Development to facilitate the economic development and
1986	growth of the state. Except for applications received prior to
1987	July 1, 1996, such transportation projects shall be approved
1988	only as a consideration to attract new employment opportunities
1989	to the state or expand or retain employment in existing
1990	companies operating within the state, or to allow for the
1991	construction or expansion of a state or federal correctional
1992	facility in a county with a population of 75,000 or less that
1993	creates new employment opportunities or expands or retains
1994	employment in the county. The Office of Tourism, Trade, and
1995	Economic Development shall institute procedures to ensure that
1996	small and minority businesses have equal access to funding
1997	provided under this section. Funding for approved transportation
1998	projects may include any expenses, other than administrative
1999	costs and equipment purchases specified in the contract,
2000	necessary for new, or improvement to existing, transportation
2001	facilities. Funds made available pursuant to this section may
2002	not be expended in connection with the relocation of a business
2003	from one community to another community in this state unless the
2004	Office of Tourism, Trade, and Economic Development determines
2005	that without such relocation the business will move outside this
2006	state or determines that the business has a compelling economic
2007	rationale for the relocation which creates additional jobs.
2008	Subject to appropriation for projects under this section, any
2009	appropriation greater than $10 million shall be allocated to
2010	each of the districts of the Department of Transportation to
2011	ensure equitable geographical distribution. Such allocated funds
2012	that remain uncommitted by the third quarter of the fiscal year
2013	shall be reallocated among the districts based on pending
2014	project requests.
2015	Section 34.  Paragraph (b) of subsection (3) of section
2016	311.07, Florida Statutes, is amended to read:
2017	311.07  Florida seaport transportation and economic
2018	development funding.--
2019	(3)
2020	(b)  Projects eligible for funding by grants under the
2021	program are limited to the following port facilities or port
2022	transportation projects:
2023	1.  Transportation facilities within the jurisdiction of
2024	the port.
2025	2.  The dredging or deepening of channels, turning basins,
2026	or harbors.
2027	3.  The construction or rehabilitation of wharves, docks,
2028	structures, jetties, piers, storage facilities, cruise
2029	terminals, automated people mover systems, or any facilities
2030	necessary or useful in connection with any of the foregoing.
2031	4.  The acquisition of vessel tracking systems, container
2032	cranes, or other mechanized equipment used in the movement of
2033	cargo or passengers in international commerce.
2034	5.  The acquisition of land to be used for port purposes.
2035	6.  The acquisition, improvement, enlargement, or extension
2036	of existing port facilities.
2037	7.  Environmental protection projects which are necessary
2038	because of requirements imposed by a state agency as a condition
2039	of a permit or other form of state approval; which are necessary
2040	for environmental mitigation required as a condition of a state,
2041	federal, or local environmental permit; which are necessary for
2042	the acquisition of spoil disposal sites and improvements to
2043	existing and future spoil sites; or which result from the
2044	funding of eligible projects listed in this paragraph.
2045	8.  Transportation facilities as defined in s.
2046	334.03(28)(31) which are not otherwise part of the Department of
2047	Transportation's adopted work program.
2048	9.  Seaport intermodal access projects identified in the 5-
2049	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2050	10.  Construction or rehabilitation of port facilities as
2051	defined in s. 315.02, excluding any park or recreational
2052	facilities, in ports listed in s. 311.09(1) with operating
2053	revenues of $5 million or less, provided that such projects
2054	create economic development opportunities, capital improvements,
2055	and positive financial returns to such ports.
2056	Section 35.  Subsection (7) of section 311.09, Florida
2057	Statutes, is amended to read:
2058	311.09  Florida Seaport Transportation and Economic
2059	Development Council.--
2060	(7)  The Department of Transportation shall review the list
2061	of projects approved by the council for consistency with the
2062	Florida Transportation Plan and the department's adopted work
2063	program. In evaluating the consistency of a project, the
2064	department shall determine whether the transportation impact of
2065	the proposed project is adequately handled by existing state-
2066	owned transportation facilities or by the construction of
2067	additional state-owned transportation facilities as identified
2068	in the Florida Transportation Plan and the department's adopted
2069	work program. In reviewing for consistency a transportation
2070	facility project as defined in s. 334.03(28)(31) which is not
2071	otherwise part of the department's work program, the department
2072	shall evaluate whether the project is needed to provide for
2073	projected movement of cargo or passengers from the port to a
2074	state transportation facility or local road. If the project is
2075	needed to provide for projected movement of cargo or passengers,
2076	the project shall be approved for consistency as a consideration
2077	to facilitate the economic development and growth of the state
2078	in a timely manner. The Department of Transportation shall
2079	identify those projects which are inconsistent with the Florida
2080	Transportation Plan and the adopted work program and shall
2081	notify the council of projects found to be inconsistent.
2082	Section 36.  Section 316.2122, Florida Statutes, is amended
2083	to read:
2084	316.2122  Operation of a low-speed vehicle on certain
2085	roadways.--The operation of a low-speed vehicle, as defined in
2086	s. 320.01(42), on any road under the jurisdiction of a county or
2087	municipality or on an urban minor arterial road under the
2088	jurisdiction of the Department of Transportation as defined in
2089	s. 334.03(15) or (33), is authorized with the following
2090	restrictions:
2091	(1)  A low-speed vehicle may be operated only on streets
2092	where the posted speed limit is 35 miles per hour or less. This
2093	does not prohibit a low-speed vehicle from crossing a road or
2094	street at an intersection where the road or street has a posted
2095	speed limit of more than 35 miles per hour.
2096	(2)  A low-speed vehicle must be equipped with headlamps,
2097	stop lamps, turn signal lamps, taillamps, reflex reflectors,
2098	parking brakes, rearview mirrors, windshields, seat belts, and
2099	vehicle identification numbers.
2100	(3)  A low-speed vehicle must be registered and insured in
2101	accordance with s. 320.02.
2102	(4)  Any person operating a low-speed vehicle must have in
2103	his or her possession a valid driver's license.
2104	(5)  A county or municipality may prohibit the operation of
2105	low-speed vehicles on any road under its jurisdiction if the
2106	governing body of the county or municipality determines that
2107	such prohibition is necessary in the interest of safety.
2108	(6)  The Department of Transportation may prohibit the
2109	operation of low-speed vehicles on any road under its
2110	jurisdiction if it determines that such prohibition is necessary
2111	in the interest of safety.
2112	Section 37.  Paragraph (c) of subsection (5) of section
2113	316.515, Florida Statutes, is amended to read:
2114	316.515  Maximum width, height, length.--
2115	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2116	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
2117	REQUIREMENTS.--
2118	(c)  The width and height limitations of this section do
2119	not apply to farming or agricultural equipment, whether self-
2120	propelled, pulled, or hauled, when temporarily operated during
2121	daylight hours upon a public road that is not a limited access
2122	facility as defined in s. 334.03(11)(13), and the width and
2123	height limitations may be exceeded by such equipment without a
2124	permit. To be eligible for this exemption, the equipment shall
2125	be operated within a radius of 50 miles of the real property
2126	owned, rented, or leased by the equipment owner. However,
2127	equipment being delivered by a dealer to a purchaser is not
2128	subject to the 50-mile limitation. Farming or agricultural
2129	equipment greater than 174 inches in width must have one warning
2130	lamp mounted on each side of the equipment to denote the width
2131	and must have a slow-moving vehicle sign. Warning lamps required
2132	by this paragraph must be visible from the front and rear of the
2133	vehicle and must be visible from a distance of at least 1,000
2134	feet.
2135	Section 38.  Paragraph (b) of subsection (7) of section
2136	332.14, Florida Statutes, is amended to read:
2137	332.14  Secure Airports for Florida's Economy Council.--
2138	(7)  The SAFE council may utilize, as appropriate and with
2139	legislative spending authorization, any federal, state, and
2140	local government contributions as well as private donations to
2141	fund SAFE Master Plan projects.
2142	(b)  The council shall review and approve or disapprove
2143	each project eligible to be funded pursuant to this act. The
2144	council shall annually submit a list of projects which have been
2145	approved by the council to the Secretary of Transportation, the
2146	Secretary of Community Affairs, the executive director of the
2147	Department of Law Enforcement, and the director of the Office of
2148	Tourism, Trade, and Economic Development. The list shall specify
2149	the recommended funding level for each project, and, if staged
2150	implementation of the project is appropriate, the funding
2151	requirements for each stage shall be specified.
2152	1.  The Department of Community Affairs shall review the
2153	list of projects approved by the council to determine
2154	consistency with approved local government comprehensive plans
2155	of the units of local government in which the airport is located
2156	and consistency with the airport master plan. The Department of
2157	Community Affairs shall identify and notify the council of those
2158	projects which are not consistent, to the maximum extent
2159	feasible, with such comprehensive plans and airport master
2160	plans.
2161	2.  The Department of Transportation shall review the list
2162	of projects approved by the council for consistency with the
2163	Florida Transportation Plan and the department's adopted work
2164	program. In evaluating the consistency of a project, the
2165	department shall determine whether the transportation impact of
2166	the proposed project is adequately handled by existing state-
2167	owned transportation facilities or by the construction of
2168	additional state-owned transportation facilities as identified
2169	in the Florida Transportation Plan and the department's adopted
2170	work program. In reviewing for consistency a transportation
2171	facility project as defined in s. 334.03(28)(31) which is not
2172	otherwise part of the department's work program, the department
2173	shall evaluate whether the project is needed to provide for
2174	projected movement of cargo or passengers from the airport to a
2175	state transportation facility or local road. If the project is
2176	needed to provide for projected movement of cargo or passengers,
2177	the project shall be approved for consistency as a consideration
2178	to facilitate the economic development and growth of the state
2179	in a timely manner. The department shall identify those projects
2180	which are inconsistent with the Florida Transportation Plan and
2181	the adopted work program and shall notify the council of
2182	projects found to be inconsistent.
2183	3.  The Office of Tourism, Trade, and Economic Development,
2184	in consultation with Enterprise Florida, Inc., shall review the
2185	list of projects approved by the council to evaluate the
2186	economic benefit of the project and to determine whether the
2187	project is consistent with the SAFE Master Plan. The Office of
2188	Tourism, Trade, and Economic Development shall review the
2189	economic benefits of each project based upon the rules adopted
2190	pursuant to paragraph (a). The Office of Tourism, Trade, and
2191	Economic Development shall identify those projects which it has
2192	determined do not offer an economic benefit to the state or are
2193	not consistent with the SAFE Master Plan and shall notify the
2194	council of its findings.
2195	4.  The Department of Law Enforcement shall review the list
2196	of projects approved by the council for consistency with
2197	domestic security provisions of ss. 943.03101, 943.0311, and
2198	943.0312. The Department of Law Enforcement shall identify those
2199	projects that it has determined are inconsistent with the
2200	state's strategic plan for domestic security and shall notify
2201	the council of its findings.
2202	Section 39.  Section 336.01, Florida Statutes, is amended
2203	to read:
2204	336.01  Designation of county road system.--The county road
2205	system shall be as defined in s. 334.03(6)(8).
2206	Section 40.  Subsection (2) of section 338.222, Florida
2207	Statutes, is amended to read:
2208	338.222  Department of Transportation sole governmental
2209	entity to acquire, construct, or operate turnpike projects;
2210	exception.--
2211	(2)  The department may contract with any local
2212	governmental entity as defined in s. 334.03(12)(14) for the
2213	design, right-of-way acquisition, or construction of any
2214	turnpike project which the Legislature has approved. Local
2215	governmental entities may negotiate with the department for the
2216	design, right-of-way acquisition, and construction of any
2217	section of the turnpike project within areas of their respective
2218	jurisdictions or within counties with which they have interlocal
2219	agreements.
2220	Section 41.  Paragraph (a) of subsection (2) of section
2221	403.7211, Florida Statutes, is amended to read:
2222	403.7211  Hazardous waste facilities managing hazardous
2223	wastes generated offsite; federal facilities managing hazardous
2224	waste.--
2225	(2)  The department shall not issue any permit under s.
2226	403.722 for the construction, initial operation, or substantial
2227	modification of a facility for the disposal, storage, or
2228	treatment of hazardous waste generated offsite which is proposed
2229	to be located in any of the following locations:
2230	(a)  Any area where life-threatening concentrations of
2231	hazardous substances could accumulate at any residence or
2232	residential subdivision as the result of a catastrophic event at
2233	the proposed facility, unless each such residence or residential
2234	subdivision is served by at least one arterial road or urban
2235	minor arterial road that, as defined in s. 334.03, which
2236	provides safe and direct egress by land to an area where such
2237	life-threatening concentrations of hazardous substances could
2238	not accumulate in a catastrophic event. Egress by any road
2239	leading from any residence or residential subdivision to any
2240	point located within 1,000 yards of the proposed facility is
2241	unsafe for the purposes of this paragraph. In determining
2242	whether egress proposed by the applicant is safe and direct, the
2243	department shall also consider, at a minimum, the following
2244	factors:
2245	1.  Natural barriers such as water bodies, and whether any
2246	road in the proposed evacuation route is impaired by a natural
2247	barrier such as a water body;
2248	2.  Potential exposure during egress and potential
2249	increases in the duration of exposure;
2250	3.  Whether any road in a proposed evacuation route passes
2251	in close proximity to the facility; and
2252	4.  Whether any portion of the evacuation route is
2253	inherently directed toward the facility.
2254
2255	For the purposes of this subsection, all distances shall be
2256	measured from the outer limit of the active hazardous waste
2257	management area. "Substantial modification" includes: any
2258	physical change in, change in the operations of, or addition to
2259	a facility which could increase the potential offsite impact, or
2260	risk of impact, from a release at that facility; and any change
2261	in permit conditions which is reasonably expected to lead to
2262	greater potential impacts or risks of impacts, from a release at
2263	that facility. "Substantial modification" does not include a
2264	change in operations, structures, or permit conditions which
2265	does not substantially increase either the potential impact
2266	from, or the risk of, a release. Physical or operational changes
2267	to a facility related solely to the management of nonhazardous
2268	waste at the facility shall not be considered a substantial
2269	modification. The department shall, by rule, adopt criteria to
2270	determine whether a facility has been substantially modified.
2271	"Initial operation" means the initial commencement of operations
2272	at the facility.
2273	Section 42.  Subsection (24) of section 479.01, Florida
2274	Statutes, is amended to read:
2275	479.01  Definitions.--As used in this chapter, the term:
2276	(24)  "Urban area" has the same meaning as defined in s.
2277	334.03(29)(32).
2278	Section 43.  (1)  The first week of September is designated
2279	as "Drowsy Driving Prevention Week" in this state.
2280	(2)  During Drowsy Driving Prevention Week, the Department
2281	of Highway Safety and Motor Vehicles and the Department of
2282	Transportation are encouraged to educate the law enforcement
2283	community and the public about the relationship between fatigue
2284	and performance and the research showing fatigue to be as much
2285	of an impairment as alcohol and as dangerous behind the wheel.
2286	Section 44.  (1)  The Northwest Florida Regional
2287	Transportation Planning Organization, an interlocal agency under
2288	part I of chapter 163, Florida Statutes, is authorized to study
2289	the feasibility of advance-funding the costs of capacity
2290	projects in its member counties and making recommendations to
2291	the Legislature by February 1, 2010. The Department of
2292	Transportation may assist the organization in conducting the
2293	study.
2294	(2)  Results of any study authorized by this section shall
2295	be provided to the Governor, the President of the Senate, the
2296	Speaker of the House of Representatives, the department, any
2297	metropolitan planning organization in any county served by the
2298	organization, and the counties served by the organization and
2299	shall discuss the financial feasibility of advance-funding the
2300	costs of capacity projects in the Northwest Florida Regional
2301	Transportation Planning Organization's member counties. The
2302	study must be based on the following assumptions:
2303	(a)  Any advanced projects must be consistent with the
2304	Northwest Florida Regional Transportation Planning
2305	Organization's 5-year plan and the department's work program.
2306	(b)  Any bonds shall have a maturity not to exceed 30
2307	years.
2308	(c)  A maximum of 25 percent of the department's capacity
2309	funds allocated annually to the counties served by the Northwest
2310	Florida Regional Transportation Planning Organization may be
2311	used to pay debt service on the bonds.
2312	(d)  Bond proceeds may only be used for the following
2313	components of a construction project on a state road: planning,
2314	engineering, design, right-of-way acquisition, and construction.
2315	(e)  The cost of the projects must be balanced with the
2316	proceeds available from the bonds.
2317	(f)  The department shall have final approval of the
2318	projects financed through the sale of bonds.
2319	(3)  The study shall contain:
2320	(a)  An analysis of the financial feasibility of advancing
2321	capacity projects in the Northwest Florida Regional
2322	Transportation Planning Organization's member counties.
2323	(b)  A long-range, cost-feasible finance plan that
2324	identifies the project cost, revenues by source, financing,
2325	major assumptions, and a total cash flow analysis beginning with
2326	implementation of the project and extending through final
2327	completion of the project.
2328	(c)  A tentative list of capacity projects and the priority
2329	in which they would be advanced. These projects must be
2330	consistent with the criteria in s. 339.135(2)(b), Florida
2331	Statutes.
2332	(d)  A 5-year work program of the projects to be advanced.
2333	This program must be consistent with chapter 339, Florida
2334	Statutes.
2335	(e)  A report of any statutory changes, including a draft
2336	bill, needed to give the Northwest Florida Regional
2337	Transportation Planning Organization the ability to advance
2338	construction projects. The draft bill language shall address, at
2339	a minimum:
2340	1.  Developing a list of road projects to be advanced,
2341	consistent with the organization's 5-year plan.
2342	2.  Giving the department the authority to review projects
2343	to determine consistency with its current work program.
2344	3.  Giving the organization the authority to issue bonds
2345	with a maturity of not greater than 30 years.
2346	4.  Requiring proceeds of the bonds to be delivered to the
2347	department to pay the cost of completing the projects.
2348	5.  Requiring the road projects to be consistent with the
2349	organization's 5-year plan.
2350	6.  Permitting any participating county to elect to
2351	undertake responsibility for the payment of a portion of the
2352	cost of any project in the county pursuant to an agreement with
2353	the organization and the department.
2354	7.  Providing that, in each year that the bonds are
2355	outstanding, no more than 25 percent of the state transportation
2356	funds appropriated for capacity projects advanced pursuant to
2357	the terms of this section and within the area of operation of
2358	the organization shall be paid over to the organization for the
2359	purpose of paying debt service on bonds the organization issued
2360	for such capacity projects. Such payments shall be made in lieu
2361	of programming any new projects in the work program.
2362	8.  In the event that the capacity funds allocated to the
2363	member counties of the organization are less than the amount
2364	needed to satisfy the payment requirements under the contract,
2365	the department shall defer the funded capacity on any other
2366	projects in the member counties of the organization to the
2367	extent necessary to make up such deficiency, so as to enable the
2368	organization to make the required debt service payments on the
2369	bonds or to replenish the reserves established for the bonds
2370	which may have been used to make up such deficiency. Under no
2371	circumstances shall the department provide any funds for these
2372	capacity projects in excess of the amount that would be
2373	allocated to the member counties pursuant to statutory formula
2374	and legislative appropriation.
2375	9.  Providing that the bonds shall state on their face that
2376	they do not constitute a pledge of the full faith or taxing
2377	power of the state, and no holder of any bond shall have the
2378	right to compel payment of the bonds from any funds of the
2379	state, other than amounts required to be paid to the
2380	organization under the contract. The bonds shall be limited and
2381	special obligations payable solely from the sources described
2382	herein.
2383	10.  Establishing such other terms and provisions as may be
2384	deemed reasonable and necessary to enable the organization to
2385	market the bonds at the most advantageous rates possible.
2386	(4)  The Legislature may authorize the implementation of
2387	the Northwest Florida Regional Transportation Planning
2388	Organization's study after a satisfactory showing that these
2389	prerequisites have been met and that any source of funding for
2390	any bonds to be issued has been approved by the Department of
2391	Transportation.
2392	Section 45.  This act shall take effect July 1, 2009.

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