Amendment
Bill No. CS/SB 582

Amendment No. 439445

CHAMBER ACTION
Senate		House
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1	Representative Evers offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Paragraph (c) of subsection (2), paragraphs (b)
7	and (c) of subsection (4), and subsection (12) of section
8	163.3180, Florida Statutes, are amended, and paragraph (i) is
9	added to subsection (16) of that section, to read:
10	163.3180  Concurrency.--
11	(2)
12	(c)  Consistent with the public welfare, and except as
13	otherwise provided in this section, transportation facilities
14	needed to serve new development shall be in place or under
15	actual construction within 3 years after the local government
16	approves a building permit or its functional equivalent that
17	results in traffic generation. In evaluating whether such
18	transportation facilities will be in place or under actual
19	construction, the following shall be considered a committed
20	facility:
21	1.  A project that is included in the first 3 years of a
22	local government's adopted capital improvements plan;
23	2.  A project that is included in the first 3 years of the
24	Department of Transportation's adopted work program; or
25	3.  A high-performance transit system that serves multiple
26	municipalities, connects to an existing rail system, and is
27	included in a county's or the Department of Transportation's
28	long-range transportation plan.
29	(4)
30	(b)  The concurrency requirement as implemented in local
31	comprehensive plans does not apply to public transit facilities.
32	For the purposes of this paragraph, public transit facilities
33	include transit stations and terminals; transit station parking;
34	park-and-ride lots; intermodal public transit connection or
35	transfer facilities; fixed bus, guideway, and rail stations; and
36	airport passenger terminals and concourses, air cargo
37	facilities, and hangars for the assembly, manufacture,
38	maintenance, or storage of aircraft. As used in this paragraph,
39	the terms "terminals" and "transit facilities" do not include
40	seaports or commercial or residential development constructed in
41	conjunction with a public transit facility.
42	(c)  The concurrency requirement, except as it relates to
43	transportation facilities and public schools, as implemented in
44	local government comprehensive plans, may be waived by a local
45	government for urban infill and redevelopment areas designated
46	pursuant to s. 163.2517 if such a waiver does not endanger
47	public health or safety as defined by the local government in
48	its local government comprehensive plan. The waiver shall be
49	adopted as a plan amendment pursuant to the process set forth in
50	s. 163.3187(3)(a). A local government may grant a concurrency
51	exception pursuant to subsection (5) for transportation
52	facilities located within these urban infill and redevelopment
53	areas. Affordable housing developments that serve residents who
54	have incomes at or below 60 percent of the area median income
55	and are proposed to be located on arterial roadways that have
56	public transit available are exempt from transportation
57	concurrency requirements.
58	(12)(a)  A development of regional impact satisfies may
59	satisfy the transportation concurrency requirements of the local
60	comprehensive plan, the local government's concurrency
61	management system, and s. 380.06 by paying payment of a
62	proportionate-share contribution for local and regionally
63	significant traffic impacts, if:
64	1.(a)  The development of regional impact which, based on
65	its location or mix of land uses, is designed to encourage
66	pedestrian or other nonautomotive modes of transportation;
67	2.(b)  The proportionate-share contribution for local and
68	regionally significant traffic impacts is sufficient to pay for
69	one or more required mobility improvements that will benefit the
70	network of a regionally significant transportation facilities
71	facility;
72	3.(c)  The owner and developer of the development of
73	regional impact pays or assures payment of the proportionate-
74	share contribution to the local government having jurisdiction
75	over the development of regional impact; and
76	4.(d)  If the regionally significant transportation
77	facility to be constructed or improved is under the maintenance
78	authority of a governmental entity, as defined by s.
79	334.03(10)(12), other than the local government with
80	jurisdiction over the development of regional impact, the local
81	government having jurisdiction over the development of regional
82	impact must developer is required to enter into a binding and
83	legally enforceable commitment to transfer funds to the
84	governmental entity having maintenance authority or to otherwise
85	assure construction or improvement of a the facility reasonably
86	related to the mobility demands created by the development.
87	(b)  As used in this subsection, the term "backlog" means a
88	facility or facilities on which the adopted level-of-service
89	standard is exceeded by the existing trips, plus additional
90	projected background trips from any source other than the
91	development project under review that are forecast by
92	established traffic standards, including traffic modeling,
93	consistent with the University of Florida Bureau of Economic and
94	Business Research medium population projections. Additional
95	projected background trips are to be coincident with the
96	particular stage or phase of development under review.
97	(c)  The proportionate-share contribution may be applied to
98	any transportation facility to satisfy the provisions of this
99	subsection and the local comprehensive plan, but, for the
100	purposes of this subsection, the amount of the proportionate-
101	share contribution shall be calculated based upon the cumulative
102	number of trips from the proposed development expected to reach
103	roadways during the peak hour from the complete buildout of a
104	stage or phase being approved, divided by the change in the peak
105	hour maximum service volume of roadways resulting from
106	construction of an improvement necessary to maintain the adopted
107	level of service, multiplied by the construction cost, at the
108	time of developer payment, of the improvement necessary to
109	maintain the adopted level of service. For purposes of this
110	subsection, "construction cost" includes all associated costs of
111	the improvement. The cost of any improvements made to a
112	regionally significant transportation facility that is
113	constructed by the owner or developer of the development of
114	regional impact, including the costs associated with
115	accommodating a transit facility within the development of
116	regional impact which is in a county's or the Department of
117	Transportation's long-range transportation plan, shall be
118	credited against a development of regional impact's
119	proportionate-share contribution. Proportionate-share mitigation
120	shall be limited to ensure that a development of regional impact
121	meeting the requirements of this subsection mitigates its impact
122	on the transportation system but is not responsible for the
123	additional cost of reducing or eliminating backlogs. This
124	subsection also applies to Florida Quality Developments pursuant
125	to s. 380.061 and to detailed specific area plans implementing
126	optional sector plans pursuant to s. 163.3245.
127	(16)  It is the intent of the Legislature to provide a
128	method by which the impacts of development on transportation
129	facilities can be mitigated by the cooperative efforts of the
130	public and private sectors. The methodology used to calculate
131	proportionate fair-share mitigation under this section shall be
132	as provided for in subsection (12).
133	(i)  As used in this subsection, the term "backlog" means a
134	facility or facilities on which the adopted level-of-service
135	standard is exceeded by the existing trips, plus additional
136	projected background trips from any source other than the
137	development project under review that are forecast by
138	established traffic standards, including traffic modeling,
139	consistent with the University of Florida Bureau of Economic and
140	Business Research medium population projections. Additional
141	projected background trips are to be coincident with the
142	particular stage or phase of development under review.
143	Section 2.  Paragraphs (a) and (i) of subsection (1) of
144	section 212.05, Florida Statutes, are amended to read:
145	212.05  Sales, storage, use tax.--It is hereby declared to
146	be the legislative intent that every person is exercising a
147	taxable privilege who engages in the business of selling
148	tangible personal property at retail in this state, including
149	the business of making mail order sales, or who rents or
150	furnishes any of the things or services taxable under this
151	chapter, or who stores for use or consumption in this state any
152	item or article of tangible personal property as defined herein
153	and who leases or rents such property within the state.
154	(1)  For the exercise of such privilege, a tax is levied on
155	each taxable transaction or incident, which tax is due and
156	payable as follows:
157	(a)1.a.  At the rate of 6 percent of the sales price of
158	each item or article of tangible personal property when sold at
159	retail in this state, computed on each taxable sale for the
160	purpose of remitting the amount of tax due the state, and
161	including each and every retail sale.
162	b.  Each occasional or isolated sale of an aircraft, boat,
163	mobile home, or motor vehicle of a class or type which is
164	required to be registered, licensed, titled, or documented in
165	this state or by the United States Government shall be subject
166	to tax at the rate provided in this paragraph. The department
167	shall by rule adopt any nationally recognized publication for
168	valuation of used motor vehicles as the reference price list for
169	any used motor vehicle which is required to be licensed pursuant
170	to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
171	party to an occasional or isolated sale of such a vehicle
172	reports to the tax collector a sales price which is less than 80
173	percent of the average loan price for the specified model and
174	year of such vehicle as listed in the most recent reference
175	price list, the tax levied under this paragraph shall be
176	computed by the department on such average loan price unless the
177	parties to the sale have provided to the tax collector an
178	affidavit signed by each party, or other substantial proof,
179	stating the actual sales price. Any party to such sale who
180	reports a sales price less than the actual sales price is guilty
181	of a misdemeanor of the first degree, punishable as provided in
182	s. 775.082 or s. 775.083. The department shall collect or
183	attempt to collect from such party any delinquent sales taxes.
184	In addition, such party shall pay any tax due and any penalty
185	and interest assessed plus a penalty equal to twice the amount
186	of the additional tax owed. Notwithstanding any other provision
187	of law, the Department of Revenue may waive or compromise any
188	penalty imposed pursuant to this subparagraph.
189	2.  This paragraph does not apply to the sale of a boat or
190	aircraft by or through a registered dealer under this chapter to
191	a purchaser who, at the time of taking delivery, is a
192	nonresident of this state, does not make his or her permanent
193	place of abode in this state, and is not engaged in carrying on
194	in this state any employment, trade, business, or profession in
195	which the boat or aircraft will be used in this state, or is a
196	corporation none of the officers or directors of which is a
197	resident of, or makes his or her permanent place of abode in,
198	this state, or is a noncorporate entity that has no individual
199	vested with authority to participate in the management,
200	direction, or control of the entity's affairs who is a resident
201	of, or makes his or her permanent abode in, this state. For
202	purposes of this exemption, either a registered dealer acting on
203	his or her own behalf as seller, a registered dealer acting as
204	broker on behalf of a seller, or a registered dealer acting as
205	broker on behalf of the purchaser may be deemed to be the
206	selling dealer. This exemption shall not be allowed unless:
207	a.  The purchaser removes a qualifying boat, as described
208	in sub-subparagraph f., from the state within 90 days after the
209	date of purchase or extension or the purchaser removes a
210	nonqualifying boat or an aircraft from this state within 10 days
211	after the date of purchase or, when the boat or aircraft is
212	repaired or altered, within 20 days after completion of the
213	repairs or alterations;
214	b.  The purchaser, within 30 days from the date of
215	departure, shall provide the department with written proof that
216	the purchaser licensed, registered, titled, or documented the
217	boat or aircraft outside the state. If such written proof is
218	unavailable, within 30 days the purchaser shall provide proof
219	that the purchaser applied for such license, title,
220	registration, or documentation. The purchaser shall forward to
221	the department proof of title, license, registration, or
222	documentation upon receipt.
223	c.  The purchaser, within 10 days of removing the boat or
224	aircraft from Florida, shall furnish the department with proof
225	of removal in the form of receipts for fuel, dockage, slippage,
226	tie-down, or hangaring from outside of Florida. The information
227	so provided must clearly and specifically identify the boat or
228	aircraft;
229	d.  The selling dealer, within 5 days of the date of sale,
230	shall provide to the department a copy of the sales invoice,
231	closing statement, bills of sale, and the original affidavit
232	signed by the purchaser attesting that he or she has read the
233	provisions of this section;
234	e.  The seller makes a copy of the affidavit a part of his
235	or her record for as long as required by s. 213.35; and
236	f.  Unless the nonresident purchaser of a boat of 5 net
237	tons of admeasurement or larger intends to remove the boat from
238	this state within 10 days after the date of purchase or when the
239	boat is repaired or altered, within 20 days after completion of
240	the repairs or alterations, the nonresident purchaser shall
241	apply to the selling dealer for a decal which authorizes 90 days
242	after the date of purchase for removal of the boat. The
243	nonresident purchaser of a qualifying boat may apply to the
244	selling dealer within 60 days after the date of purchase for an
245	extension decal that authorizes the boat to remain in this state
246	for an additional 90 days, but not more than a total of 180
247	days, before the nonresident purchaser is required to pay the
248	tax imposed by this chapter. The department is authorized to
249	issue decals in advance to dealers. The number of decals issued
250	in advance to a dealer shall be consistent with the volume of
251	the dealer's past sales of boats which qualify under this sub-
252	subparagraph. The selling dealer or his or her agent shall mark
253	and affix the decals to qualifying boats in the manner
254	prescribed by the department, prior to delivery of the boat.
255	(I)  The department is hereby authorized to charge dealers
256	a fee sufficient to recover the costs of decals issued, except
257	the extension decal shall cost $350.
258	(II)  The proceeds from the sale of decals will be
259	deposited into the administrative trust fund.
260	(III)  Decals shall display information to identify the
261	boat as a qualifying boat under this sub-subparagraph,
262	including, but not limited to, the decal's date of expiration.
263	(IV)  The department is authorized to require dealers who
264	purchase decals to file reports with the department and may
265	prescribe all necessary records by rule. All such records are
266	subject to inspection by the department.
267	(V)  Any dealer or his or her agent who issues a decal
268	falsely, fails to affix a decal, mismarks the expiration date of
269	a decal, or fails to properly account for decals will be
270	considered prima facie to have committed a fraudulent act to
271	evade the tax and will be liable for payment of the tax plus a
272	mandatory penalty of 200 percent of the tax, and shall be liable
273	for fine and punishment as provided by law for a conviction of a
274	misdemeanor of the first degree, as provided in s. 775.082 or s.
275	775.083.
276	(VI)  Any nonresident purchaser of a boat who removes a
277	decal prior to permanently removing the boat from the state, or
278	defaces, changes, modifies, or alters a decal in a manner
279	affecting its expiration date prior to its expiration, or who
280	causes or allows the same to be done by another, will be
281	considered prima facie to have committed a fraudulent act to
282	evade the tax and will be liable for payment of the tax plus a
283	mandatory penalty of 200 percent of the tax, and shall be liable
284	for fine and punishment as provided by law for a conviction of a
285	misdemeanor of the first degree, as provided in s. 775.082 or s.
286	775.083.
287	(VII)  The department is authorized to adopt rules
288	necessary to administer and enforce this subparagraph and to
289	publish the necessary forms and instructions.
290	(VIII)  The department is hereby authorized to adopt
291	emergency rules pursuant to s. 120.54(4) to administer and
292	enforce the provisions of this subparagraph.
293
294	If the purchaser fails to remove the qualifying boat from this
295	state within the maximum 180 90 days after purchase or a
296	nonqualifying boat or an aircraft from this state within 10 days
297	after purchase or, when the boat or aircraft is repaired or
298	altered, within 20 days after completion of such repairs or
299	alterations, or permits the boat or aircraft to return to this
300	state within 6 months from the date of departure, or if the
301	purchaser fails to furnish the department with any of the
302	documentation required by this subparagraph within the
303	prescribed time period, the purchaser shall be liable for use
304	tax on the cost price of the boat or aircraft and, in addition
305	thereto, payment of a penalty to the Department of Revenue equal
306	to the tax payable. This penalty shall be in lieu of the penalty
307	imposed by s. 212.12(2) and is mandatory and shall not be waived
308	by the department. The maximum 180-day 90-day period following
309	the sale of a qualifying boat tax-exempt to a nonresident may
310	not be tolled for any reason. Notwithstanding other provisions
311	of this paragraph to the contrary, an aircraft purchased in this
312	state under the provisions of this paragraph may be returned to
313	this state for repairs within 6 months after the date of its
314	departure without being in violation of the law and without
315	incurring liability for the payment of tax or penalty on the
316	purchase price of the aircraft if the aircraft is removed from
317	this state within 20 days after the completion of the repairs
318	and if such removal can be demonstrated by invoices for fuel,
319	tie-down, hangar charges issued by out-of-state vendors or
320	suppliers, or similar documentation.
321	(i)1.  At the rate of 6 percent on charges for all:
322	a.  Detective, burglar protection, and other protection
323	services (NAICS National SIC Industry Numbers 561611, 561612,
324	561613, 7381 and 561621 7382). Any law enforcement officer, as
325	defined in s. 943.10, who is performing approved duties as
326	determined by his or her local law enforcement agency in his or
327	her capacity as a law enforcement officer, and who is subject to
328	the direct and immediate command of his or her law enforcement
329	agency, and in the law enforcement officer's uniform as
330	authorized by his or her law enforcement agency, is performing
331	law enforcement and public safety services and is not performing
332	detective, burglar protection, or other protective services, if
333	the law enforcement officer is performing his or her approved
334	duties in a geographical area in which the law enforcement
335	officer has arrest jurisdiction. Such law enforcement and public
336	safety services are not subject to tax irrespective of whether
337	the duty is characterized as "extra duty," "off-duty," or
338	"secondary employment," and irrespective of whether the officer
339	is paid directly or through the officer's agency by an outside
340	source. The term "law enforcement officer" includes full-time or
341	part-time law enforcement officers, and any auxiliary law
342	enforcement officer, when such auxiliary law enforcement officer
343	is working under the direct supervision of a full-time or part-
344	time law enforcement officer.
345	b.  Nonresidential cleaning and nonresidential pest control
346	services (NAICS National Numbers 561710 and 561720 SIC Industry
347	Group Number 734).
348	2.  As used in this paragraph, "NAICS SIC" means those
349	classifications contained in the North American Industry
350	Standard Industrial Classification System Manual, 1987, as
351	published in 2007 by the Office of Management and Budget,
352	Executive Office of the President.
353	3.  Charges for detective, burglar protection, and other
354	protection security services performed in this state but used
355	outside this state are exempt from taxation. Charges for
356	detective, burglar protection, and other protection security
357	services performed outside this state and used in this state are
358	subject to tax.
359	4.  If a transaction involves both the sale or use of a
360	service taxable under this paragraph and the sale or use of a
361	service or any other item not taxable under this chapter, the
362	consideration paid must be separately identified and stated with
363	respect to the taxable and exempt portions of the transaction or
364	the entire transaction shall be presumed taxable. The burden
365	shall be on the seller of the service or the purchaser of the
366	service, whichever applicable, to overcome this presumption by
367	providing documentary evidence as to which portion of the
368	transaction is exempt from tax. The department is authorized to
369	adjust the amount of consideration identified as the taxable and
370	exempt portions of the transaction; however, a determination
371	that the taxable and exempt portions are inaccurately stated and
372	that the adjustment is applicable must be supported by
373	substantial competent evidence.
374	5.  Each seller of services subject to sales tax pursuant
375	to this paragraph shall maintain a monthly log showing each
376	transaction for which sales tax was not collected because the
377	services meet the requirements of subparagraph 3. for out-of-
378	state use. The log must identify the purchaser's name, location
379	and mailing address, and federal employer identification number,
380	if a business, or the social security number, if an individual,
381	the service sold, the price of the service, the date of sale,
382	the reason for the exemption, and the sales invoice number. The
383	monthly log shall be maintained pursuant to the same
384	requirements and subject to the same penalties imposed for the
385	keeping of similar records pursuant to this chapter.
386	Section 3.  Subsection (1) of section 212.055, Florida
387	Statutes, is amended to read:
388	212.055  Discretionary sales surtaxes; legislative intent;
389	authorization and use of proceeds.--It is the legislative intent
390	that any authorization for imposition of a discretionary sales
391	surtax shall be published in the Florida Statutes as a
392	subsection of this section, irrespective of the duration of the
393	levy. Each enactment shall specify the types of counties
394	authorized to levy; the rate or rates which may be imposed; the
395	maximum length of time the surtax may be imposed, if any; the
396	procedure which must be followed to secure voter approval, if
397	required; the purpose for which the proceeds may be expended;
398	and such other requirements as the Legislature may provide.
399	Taxable transactions and administrative procedures shall be as
400	provided in s. 212.054.
401	(1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
402	(a)  Each charter county that has which adopted a charter
403	prior to January 1, 1984, and each county the government of
404	which is consolidated with that of one or more municipalities,
405	may levy a discretionary sales surtax, subject to approval by a
406	majority vote of the electorate of the county or by a charter
407	amendment approved by a majority vote of the electorate of the
408	county.
409	(b)  The rate shall be up to 1 percent.
410	(c)  The proposal to adopt a discretionary sales surtax as
411	provided in this subsection and to create a trust fund within
412	the county accounts shall be placed on the ballot in accordance
413	with law at a time to be set at the discretion of the governing
414	body.
415	(d)  Proceeds from the surtax shall be applied to as many
416	or as few of the uses enumerated below in whatever combination
417	the county commission deems appropriate:
418	1.  Deposited by the county in the trust fund and shall be
419	used for the purposes of development, construction, equipment,
420	maintenance, operation, supportive services, including a
421	countywide bus system, and related costs of a fixed guideway
422	rapid transit system;
423	2.  Remitted by the governing body of the county to an
424	expressway, transit, or transportation authority created by law
425	to be used, at the discretion of such authority, for the
426	development, construction, operation, or maintenance of roads or
427	bridges in the county, for the operation and maintenance of a
428	bus system, for the payment of principal and interest on
429	existing bonds issued for the construction of such roads or
430	bridges, and, upon approval by the county commission, such
431	proceeds may be pledged for bonds issued to refinance existing
432	bonds or new bonds issued for the construction of such roads or
433	bridges;
434	3.  Used by the charter county for the development,
435	construction, operation, and maintenance of roads and bridges in
436	the county; for the expansion, operation, and maintenance of bus
437	and fixed guideway systems; and for the payment of principal and
438	interest on bonds issued for the construction of fixed guideway
439	rapid transit systems, bus systems, roads, or bridges; and such
440	proceeds may be pledged by the governing body of the county for
441	bonds issued to refinance existing bonds or new bonds issued for
442	the construction of such fixed guideway rapid transit systems,
443	bus systems, roads, or bridges and no more than 25 percent used
444	for nontransit uses; and
445	4.  Used by the charter county for the planning,
446	development, construction, operation, and maintenance of roads
447	and bridges in the county; for the planning, development,
448	expansion, operation, and maintenance of bus and fixed guideway
449	systems; and for the payment of principal and interest on bonds
450	issued for the construction of fixed guideway rapid transit
451	systems, bus systems, roads, or bridges; and such proceeds may
452	be pledged by the governing body of the county for bonds issued
453	to refinance existing bonds or new bonds issued for the
454	construction of such fixed guideway rapid transit systems, bus
455	systems, roads, or bridges. Pursuant to an interlocal agreement
456	entered into pursuant to chapter 163, the governing body of the
457	charter county may distribute proceeds from the tax to a
458	municipality, or an expressway or transportation authority
459	created by law to be expended for the purpose authorized by this
460	paragraph.
461	Section 4.  Paragraph (b) of subsection (2) and subsection
462	(4) of section 316.1001, Florida Statutes, are amended to read:
463	316.1001  Payment of toll on toll facilities required;
464	penalties.--
465	(2)
466	(b)  A citation issued under this subsection may be issued
467	by mailing the citation by first class mail, or by certified
468	mail, return receipt requested, to the address of the registered
469	owner of the motor vehicle involved in the violation, and
470	verifiable receipt. Mailing the citation to this address
471	constitutes notification. In the case of joint ownership of a
472	motor vehicle, the traffic citation must be mailed to the first
473	name appearing on the registration, unless the first name
474	appearing on the registration is a business organization, in
475	which case the second name appearing on the registration may be
476	used. A citation issued under this paragraph must be mailed to
477	the registered owner of the motor vehicle involved in the
478	violation within 14 days after the date of issuance of the
479	violation. In addition to the citation, notification must be
480	sent to the registered owner of the motor vehicle involved in
481	the violation specifying remedies available under ss. 318.14(12)
482	and 318.18(7).
483	(4)  Any governmental entity, including, without
484	limitation, a clerk of court, may supply the department with
485	data that is machine readable by the department's computer
486	system, listing persons who have one or more outstanding
487	violations of this section, with reference to the person's
488	driver's license number or license plate number in the case of a
489	business entity. Pursuant to s. 320.03(8), the department and
490	its authorized agents may not issue those persons may not be
491	issued a license plate or revalidation sticker for any motor
492	vehicle owned by a person whose name appears on the department's
493	list of persons having any outstanding violations of this
494	section until the person's name no longer appears on the list or
495	until the person presents a receipt from the governmental entity
496	or clerk showing that all applicable amounts owed on outstanding
497	violations have been paid.
498	Section 5.  Subsection (6) of section 316.1895, Florida
499	Statutes, is amended to read:
500	316.1895  Establishment of school speed zones, enforcement;
501	designation.--
502	(6)  Permanent signs designating school zones and school
503	zone speed limits shall be uniform in size and color, and shall
504	have the times during which the restrictive speed limit is
505	enforced clearly designated thereon. Flashing beacons activated
506	by a time clock, or other automatic device, or manually
507	activated may be used as an alternative to posting the times
508	during which the restrictive school speed limit is enforced.
509	Beginning July 1, 2008, for any newly established school zone or
510	any school zone in which the signing has been replaced, a sign
511	stating "Speeding Fines Doubled" shall be installed within or in
512	advance of the school zone. The Department of Transportation
513	shall establish adequate standards for the signs and flashing
514	beacons.
515	Section 6.  Subsection (3) of section 316.29545, Florida
516	Statutes, is renumbered as subsection (4), and a new subsection
517	(3) is added to that section to read:
518	316.29545  Window sunscreening exclusions; medical
519	exemption; certain law enforcement vehicles and private
520	investigative service vehicles exempt.--
521	(3)  The department shall exempt from the window
522	sunscreening restrictions of ss. 316.2953, 316.2954, and
523	316.2956 vehicles owned or leased by private investigative
524	agencies licensed under chapter 493 and used in homeland
525	security functions on behalf of federal, state, or local
526	authorities; executive protection activities; undercover,
527	covert, or surveillance operations involving child abductions,
528	convicted sex offenders, insurance fraud, or missing persons or
529	property; or investigative activities in which evidence is being
530	obtained for civil or criminal court proceedings.
531	Section 7.  Subsection (14) of section 316.515, Florida
532	Statutes, is amended to read:
533	316.515  Maximum width, height, length.--
534	(14)  MANUFACTURED BUILDINGS.--The Department of
535	Transportation may, in its discretion and upon application and
536	good cause shown therefor that the same is not contrary to the
537	public interest, issue a special permit for truck tractor-
538	semitrailer combinations if where the total number of overwidth
539	deliveries of manufactured buildings, as defined in s.
540	553.36(13), may be reduced by permitting the use of multiple
541	sections or single units on an overlength trailer of no more
542	than 80 54 feet.
543	Section 8.  Subsection (5) of section 316.535, Florida
544	Statutes, is amended to read:
545	316.535  Maximum weights.--
546	(5)  With respect to those highways not in the Interstate
547	Highway System, in all cases in which it exceeds state law in
548	effect on January 4, 1975, the overall gross weight on the
549	vehicle or combination of vehicles, including all enforcement
550	tolerances, shall be as determined by the following formula:
551
552	W = 500((LN ÷ (N-1)) + 12N + 36)
553
554	where W = overall gross weight of the vehicle to the nearest 500
555	pounds; L = distance in feet between the extreme of the external
556	axles; and N = number of axles on the vehicle. However, such
557	overall gross weight of any vehicle or combination of vehicles
558	may not exceed 80,000 pounds including all enforcement
559	tolerances. The scale tolerance provided in s. 316.545(2) shall
560	be applicable to all weight limitations of this subsection,
561	except when a vehicle exceeds the posted weight limit on a road
562	or bridge. The scale tolerance provided in s. 316.545(2) shall
563	not apply to cranes. Fines for violations of the total gross
564	weight limitations provided for in this subsection shall be
565	based on the amount by which the actual weight of the vehicle
566	and load exceeds the allowable maximum weight determined under
567	this subsection plus the scale tolerance provided in s.
568	316.545(2).
569	Section 9.  Subsections (2) and (3) of section 316.545,
570	Florida Statutes, are amended to read:
571	316.545  Weight and load unlawful; special fuel and motor
572	fuel tax enforcement; inspection; penalty; review.--
573	(2)(a)  Whenever an officer, upon weighing a vehicle or
574	combination of vehicles with load, determines that the axle
575	weight or gross weight is unlawful, the officer may require the
576	driver to stop the vehicle in a suitable place and remain
577	standing until a determination can be made as to the amount of
578	weight thereon and, if overloaded, the amount of penalty to be
579	assessed as provided herein. However, any gross weight over and
580	beyond 6,000 pounds beyond the maximum herein set shall be
581	unloaded and all material so unloaded shall be cared for by the
582	owner or operator of the vehicle at the risk of such owner or
583	operator. Except as otherwise provided in this chapter, to
584	facilitate compliance with and enforcement of the weight limits
585	established in s. 316.535, weight tables published pursuant to
586	s. 316.535(7) shall include a 10-percent scale tolerance and
587	shall thereby reflect the maximum scaled weights allowed any
588	vehicle or combination of vehicles. As used in this section,
589	scale tolerance means the allowable deviation from legal weights
590	established in s. 316.535. Notwithstanding any other provision
591	of the weight law, if a vehicle or combination of vehicles does
592	not exceed the gross, external bridge, or internal bridge weight
593	limits imposed in s. 316.535 and the driver of such vehicle or
594	combination of vehicles can comply with the requirements of this
595	chapter by shifting or equalizing the load on all wheels or
596	axles and does so when requested by the proper authority, the
597	driver shall not be held to be operating in violation of said
598	weight limits. Any vehicle or combination of vehicles which
599	exceed the gross, or external bridge weight limits imposed in
600	ss. 316.535(3), 316.535(4), or 316.535(6) over and beyond 6000
601	pounds shall be unloaded and all material so unloaded shall be
602	cared for by the owner or operator of the vehicle at the risk of
603	such owner or operator. Any vehicle or combination of vehicles
604	which exceed the gross, or external bridge weight limits imposed
605	in s. 316.535(5) shall be unloaded and all material so unloaded
606	shall be cared for by the owner or operator of the vehicle at
607	risk of such owner or operator.
608	(3)  Any person who violates the overloading provisions of
609	this chapter shall be conclusively presumed to have damaged the
610	highways of this state by reason of such overloading, which
611	damage is hereby fixed as follows:
612	(a)  When the excess weight is 200 pounds or less than the
613	maximum herein provided, the penalty shall be $10;
614	(b)  Five cents per pound for each pound of weight in
615	excess of the maximum herein provided when the excess weight
616	exceeds 200 pounds. However, whenever the gross weight of the
617	vehicle or combination of vehicles does not exceed the maximum
618	allowable gross weight, the maximum fine for the first 600
619	pounds of unlawful axle weight shall be $10;
620	(c)  For a vehicle equipped with fully functional idle-
621	reduction technology, any penalty shall be calculated by
622	reducing the actual gross vehicle weight or the internal bridge
623	weight by the certified weight of the idle-reduction technology
624	or by 400 pounds, whichever is less. The vehicle operator must
625	present written certification of the weight of the idle-
626	reduction technology and must demonstrate or certify that the
627	idle-reduction technology is fully functional at all times. This
628	calculation is not allowed for vehicles described in s.
629	316.535(6);
630	(d)(c)  An apportioned motor vehicle, as defined in s.
631	320.01, operating on the highways of this state without being
632	properly licensed and registered shall be subject to the
633	penalties as herein provided; and
634	(e)(d)  Vehicles operating on the highways of this state
635	from nonmember International Registration Plan jurisdictions
636	which are not in compliance with the provisions of s. 316.605
637	shall be subject to the penalties as herein provided.
638	Section 10.  Subsection (1) of section 316.605, Florida
639	Statutes, is amended to read:
640	316.605  Licensing of vehicles.--
641	(1)  Every vehicle, at all times while driven, stopped, or
642	parked upon any highways, roads, or streets of this state, shall
643	be licensed in the name of the owner thereof in accordance with
644	the laws of this state unless such vehicle is not required by
645	the laws of this state to be licensed in this state and shall,
646	except as otherwise provided in s. 320.0706 for front-end
647	registration license plates on truck tractors and s. 320.086(5)
648	which exempts display of license plates on described former
649	military vehicles, display the license plate or both of the
650	license plates assigned to it by the state, one on the rear and,
651	if two, the other on the front of the vehicle, each to be
652	securely fastened to the vehicle outside the main body of the
653	vehicle not higher than 60 inches and not lower than 12 inches
654	from the ground and no more than 24 inches to the left or right
655	of the centerline of the vehicle, and in such manner as to
656	prevent the plates from swinging, and all letters, numerals,
657	printing, writing, and other identification marks upon the
658	plates regarding the word "Florida," the registration decal, and
659	the alphanumeric designation shall be clear and distinct and
660	free from defacement, mutilation, grease, and other obscuring
661	matter, so that they will be plainly visible and legible at all
662	times 100 feet from the rear or front. Except for motorcycle
663	license plates, vehicle license plates shall be affixed and
664	displayed in such a manner that the letters and numerals shall
665	be read from left to right parallel to the ground. No vehicle
666	license plate may be displayed in an inverted or reversed
667	position or in such a manner that the letters and numbers and
668	their proper sequence are not readily identifiable. Nothing
669	shall be placed upon the face of a Florida plate except as
670	permitted by law or by rule or regulation of a governmental
671	agency. No license plates other than those furnished by the
672	state shall be used. However, if the vehicle is not required to
673	be licensed in this state, the license plates on such vehicle
674	issued by another state, by a territory, possession, or district
675	of the United States, or by a foreign country, substantially
676	complying with the provisions hereof, shall be considered as
677	complying with this chapter. A violation of this subsection is a
678	noncriminal traffic infraction, punishable as a nonmoving
679	violation as provided in chapter 318.
680	Section 11.  Subsection (7) of section 318.18, Florida
681	Statutes, is amended to read:
682	318.18  Amount of penalties.--The penalties required for a
683	noncriminal disposition pursuant to s. 318.14 or a criminal
684	offense listed in s. 318.17 are as follows:
685	(7)  Mandatory $100 fine for each violation of s. 316.1001
686	plus the amount of the unpaid toll shown on the traffic citation
687	for each citation issued. The clerk of the court shall forward
688	$25 of the $100 fine received, plus the amount of the unpaid
689	toll that is shown on the citation, to the governmental entity
690	that issued the citation, or on whose behalf the citation was
691	issued. If a plea arrangement is reached prior to the date set
692	for a scheduled evidentiary hearing and adjudication is
693	withheld, there shall be a mandatory fine assessed per citation
694	of not less than $50 and not more than $100, plus the amount of
695	the unpaid toll for each citation issued. The clerk of the court
696	shall forward $25 of the fine imposed plus the amount of the
697	unpaid toll that is shown on the citation to the governmental
698	entity that issued the citation or on whose behalf the citation
699	was issued. The court shall have specific authority to
700	consolidate issued citations for the same defendant for the
701	purpose of sentencing and aggregate jurisdiction. In addition,
702	the department shall suspend for 60 days the driver's license of
703	a person who is convicted of 10 violations of s. 316.1001 within
704	a 36-month period. Any funds received by a governmental entity
705	for this violation may be used for any lawful purpose related to
706	the operation or maintenance of a toll facility.
707	Section 12.  Subsection (8) of section 320.03, Florida
708	Statutes, is amended to read:
709	320.03  Registration; duties of tax collectors;
710	International Registration Plan.--
711	(8)  If the applicant's name appears on the list referred
712	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
713	license plate or revalidation sticker may not be issued until
714	that person's name no longer appears on the list or until the
715	person presents a receipt from the governmental entity that
716	supplied the list or the clerk of court showing that the fines
717	outstanding have been paid. This subsection does not apply to
718	the owner of a leased vehicle if the vehicle is registered in
719	the name of the lessee of the vehicle. The tax collector and the
720	clerk of the court are each entitled to receive monthly, as
721	costs for implementing and administering this subsection, 10
722	percent of the civil penalties and fines recovered from such
723	persons. As used in this subsection, the term "civil penalties
724	and fines" does not include a wrecker operator's lien as
725	described in s. 713.78(13). If the tax collector has private tag
726	agents, such tag agents are entitled to receive a pro rata share
727	of the amount paid to the tax collector, based upon the
728	percentage of license plates and revalidation stickers issued by
729	the tag agent compared to the total issued within the county.
730	The authority of any private agent to issue license plates shall
731	be revoked, after notice and a hearing as provided in chapter
732	120, if he or she issues any license plate or revalidation
733	sticker contrary to the provisions of this subsection. This
734	section applies only to the annual renewal in the owner's birth
735	month of a motor vehicle registration and does not apply to the
736	transfer of a registration of a motor vehicle sold by a motor
737	vehicle dealer licensed under this chapter, except for the
738	transfer of registrations which is inclusive of the annual
739	renewals. This section does not affect the issuance of the title
740	to a motor vehicle, notwithstanding s. 319.23(7)(b).
741	Section 13.  Paragraph (d) of subsection (3) of section
742	322.27, Florida Statutes, is amended to read:
743	322.27  Authority of department to suspend or revoke
744	license.--
745	(3)  There is established a point system for evaluation of
746	convictions of violations of motor vehicle laws or ordinances,
747	and violations of applicable provisions of s. 403.413(6)(b) when
748	such violations involve the use of motor vehicles, for the
749	determination of the continuing qualification of any person to
750	operate a motor vehicle. The department is authorized to suspend
751	the license of any person upon showing of its records or other
752	good and sufficient evidence that the licensee has been
753	convicted of violation of motor vehicle laws or ordinances, or
754	applicable provisions of s. 403.413(6)(b), amounting to 12 or
755	more points as determined by the point system. The suspension
756	shall be for a period of not more than 1 year.
757	(d)  The point system shall have as its basic element a
758	graduated scale of points assigning relative values to
759	convictions of the following violations:
760	1.  Reckless driving, willful and wanton--4 points.
761	2.  Leaving the scene of a crash resulting in property
762	damage of more than $50--6 points.
763	3.  Unlawful speed resulting in a crash--6 points.
764	4.  Passing a stopped school bus--4 points.
765	5.  Unlawful speed:
766	a.  Not in excess of 15 miles per hour of lawful or posted
767	speed--3 points.
768	b.  In excess of 15 miles per hour of lawful or posted
769	speed--4 points.
770	6.  A violation of a traffic control signal device as
771	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
772	7.  All other moving violations (including parking on a
773	highway outside the limits of a municipality)--3 points.
774	However, no points shall be imposed for a violation of s.
775	316.0741, s. 316.1001, or s. 316.2065(12).
776	8.  Any moving violation covered above, excluding unlawful
777	speed, resulting in a crash--4 points.
778	9.  Any conviction under s. 403.413(6)(b)--3 points.
779	10.  Any conviction under s. 316.0775(2)--4 points.
780	Section 14.  Section 334.03, Florida Statutes, is amended
781	to read:
782	334.03  Definitions.--When used in the Florida
783	Transportation Code, the term:
784	(1)  "Arterial road" means a route providing service which
785	is relatively continuous and of relatively high traffic volume,
786	long average trip length, high operating speed, and high
787	mobility importance. In addition, every United States numbered
788	highway is an arterial road.
789	(1)(2)  "Bridge" means a structure, including supports,
790	erected over a depression or an obstruction, such as water or a
791	highway or railway, and having a track or passageway for
792	carrying traffic as defined in chapter 316 or other moving
793	loads.
794	(2)(3)  "City street system" means all local roads within a
795	municipality which were under the jurisdiction of that
796	municipality on June 10, 1995, roads constructed by a
797	municipality for that municipality's street system, and roads
798	transferred to the municipality's jurisdiction after that date
799	by mutual consent with another governmental entity, but does not
800	include roads so transferred from the municipality's
801	jurisdiction, and all collector roads inside that municipality,
802	which are not in the county road system.
803	(4)  "Collector road" means a route providing service which
804	is of relatively moderate average traffic volume, moderately
805	average trip length, and moderately average operating speed.
806	Such a route also collects and distributes traffic between local
807	roads or arterial roads and serves as a linkage between land
808	access and mobility needs.
809	(3)(5)  "Commissioners" means the governing body of a
810	county.
811	(4)(6)  "Consolidated metropolitan statistical area" means
812	two or more metropolitan statistical areas that are socially and
813	economically interrelated as defined by the United States Bureau
814	of the Census.
815	(5)(7)  "Controlled access facility" means a street or
816	highway to which the right of access is highly regulated by the
817	governmental entity having jurisdiction over the facility in
818	order to maximize the operational efficiency and safety of the
819	high-volume through traffic utilizing the facility. Owners or
820	occupants of abutting lands and other persons have a right of
821	access to or from such facility at such points only and in such
822	manner as may be determined by the governmental entity.
823	(6)(8)  "County road system" means all roads within a
824	county which were under the jurisdiction of that county on June
825	10, 1995, roads constructed by a county for that county's road
826	system, and roads transferred to the county's jurisdiction after
827	that date by mutual consent with another governmental entity,
828	but does not include roads so transferred from the county's
829	jurisdiction collector roads in the unincorporated areas of a
830	county and all extensions of such collector roads into and
831	through any incorporated areas, all local roads in the
832	unincorporated areas, and all urban minor arterial roads not in
833	the State Highway System.
834	(7)(9)  "Department" means the Department of
835	Transportation.
836	(8)(10)  "Florida Intrastate Highway System" means a system
837	of limited access and controlled access facilities on the State
838	Highway System which have the capacity to provide high-speed and
839	high-volume traffic movements in an efficient and safe manner.
840	(9)(11)  "Functional classification" means the assignment
841	of roads into systems according to the character of service they
842	provide in relation to the total road network using procedures
843	developed by the Federal Highway Administration. Basic
844	functional categories include arterial roads, collector roads,
845	and local roads which may be subdivided into principal, major,
846	or minor levels. Those levels may be additionally divided into
847	rural and urban categories.
848	(10)(12)  "Governmental entity" means a unit of government,
849	or any officially designated public agency or authority of a
850	unit of government, that has the responsibility for planning,
851	construction, operation, or maintenance or jurisdiction over
852	transportation facilities; the term includes the Federal
853	Government, the state government, a county, an incorporated
854	municipality, a metropolitan planning organization, an
855	expressway or transportation authority, a road and bridge
856	district, a special road and bridge district, and a regional
857	governmental unit.
858	(11)(13)  "Limited access facility" means a street or
859	highway especially designed for through traffic, and over, from,
860	or to which owners or occupants of abutting land or other
861	persons have no right or easement of access, light, air, or view
862	by reason of the fact that their property abuts upon such
863	limited access facility or for any other reason. Such highways
864	or streets may be facilities from which trucks, buses, and other
865	commercial vehicles are excluded; or they may be facilities open
866	to use by all customary forms of street and highway traffic.
867	(12)(14)  "Local governmental entity" means a unit of
868	government with less than statewide jurisdiction, or any
869	officially designated public agency or authority of such a unit
870	of government, that has the responsibility for planning,
871	construction, operation, or maintenance of, or jurisdiction
872	over, a transportation facility; the term includes, but is not
873	limited to, a county, an incorporated municipality, a
874	metropolitan planning organization, an expressway or
875	transportation authority, a road and bridge district, a special
876	road and bridge district, and a regional governmental unit.
877	(15)  "Local road" means a route providing service which is
878	of relatively low average traffic volume, short average trip
879	length or minimal through-traffic movements, and high land
880	access for abutting property.
881	(13)(16)  "Metropolitan area" means a geographic region
882	comprising as a minimum the existing urbanized area and the
883	contiguous area projected to become urbanized within a 20-year
884	forecast period. The boundaries of a metropolitan area may be
885	designated so as to encompass a metropolitan statistical area or
886	a consolidated metropolitan statistical area. If a metropolitan
887	area, or any part thereof, is located within a nonattainment
888	area, the boundaries of the metropolitan area must be designated
889	so as to include the boundaries of the entire nonattainment
890	area, unless otherwise provided by agreement between the
891	applicable metropolitan planning organization and the Governor.
892	(14)(17)  "Metropolitan statistical area" means an area
893	that includes a municipality of 50,000 persons or more, or an
894	urbanized area of at least 50,000 persons as defined by the
895	United States Bureau of the Census, provided that the component
896	county or counties have a total population of at least 100,000.
897	(15)(18)  "Nonattainment area" means an area designated by
898	the United States Environmental Protection Agency, pursuant to
899	federal law, as exceeding national primary or secondary ambient
900	air quality standards for the pollutants carbon monoxide or
901	ozone.
902	(16)(19)  "Periodic maintenance" means activities that are
903	large in scope and require a major work effort to restore
904	deteriorated components of the transportation system to a safe
905	and serviceable condition, including, but not limited to, the
906	repair of large bridge structures, major repairs to bridges and
907	bridge systems, and the mineral sealing of lengthy sections of
908	roadway.
909	(17)(20)  "Person" means any person described in s. 1.01 or
910	any unit of government in or outside the state.
911	(18)(21)  "Right of access" means the right of ingress to a
912	highway from abutting land and egress from a highway to abutting
913	land.
914	(19)(22)  "Right-of-way" means land in which the state, the
915	department, a county, or a municipality owns the fee or has an
916	easement devoted to or required for use as a transportation
917	facility.
918	(20)(23)  "Road" means a way open to travel by the public,
919	including, but not limited to, a street, highway, or alley. The
920	term includes associated sidewalks, the roadbed, the right-of-
921	way, and all culverts, drains, sluices, ditches, water storage
922	areas, waterways, embankments, slopes, retaining walls, bridges,
923	tunnels, and viaducts necessary for the maintenance of travel
924	and all ferries used in connection therewith.
925	(21)(24)  "Routine maintenance" means minor repairs and
926	associated tasks necessary to maintain a safe and efficient
927	transportation system. The term includes: pavement patching;
928	shoulder repair; cleaning and repair of drainage ditches,
929	traffic signs, and structures; mowing; bridge inspection and
930	maintenance; pavement striping; litter cleanup; and other
931	similar activities.
932	(22)(25)  "State Highway System" means the following, which
933	shall be facilities to which access is regulated:
934	(a)  The interstate system and all other roads within the
935	state which were under the jurisdiction of the state on June 10,
936	1995, roads constructed by an agency of the state for the State
937	Highway System, and roads transferred to the state's
938	jurisdiction after that date by mutual consent with another
939	governmental entity, but does not include roads so transferred
940	from the state's jurisdiction. These facilities shall be
941	facilities to which access is regulated.;
942	(b)  All rural arterial routes and their extensions into
943	and through urban areas;
944	(c)  All urban principal arterial routes; and
945	(d)  The urban minor arterial mileage on the existing State
946	Highway System as of July 1, 1987, plus additional mileage to
947	comply with the 2-percent requirement as described below.
948
949	However, not less than 2 percent of the public road mileage of
950	each urbanized area on record as of June 30, 1986, shall be
951	included as minor arterials in the State Highway System.
952	Urbanized areas not meeting the foregoing minimum requirement
953	shall have transferred to the State Highway System additional
954	minor arterials of the highest significance in which case the
955	total minor arterials in the State Highway System from any
956	urbanized area shall not exceed 2.5 percent of that area's total
957	public urban road mileage.
958	(23)(26)  "State Park Road System" means roads embraced
959	within the boundaries of state parks and state roads leading to
960	state parks, other than roads of the State Highway System, the
961	county road systems, or the city street systems.
962	(24)(27)  "State road" means a street, road, highway, or
963	other way open to travel by the public generally and dedicated
964	to the public use according to law or by prescription and
965	designated by the department, as provided by law, as part of the
966	State Highway System.
967	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
968	causeway, approach, ferry slip, culvert, toll plaza, gate, or
969	other similar facility used in connection with a transportation
970	facility.
971	(26)(29)  "Sufficiency rating" means the objective rating
972	of a road or section of a road for the purpose of determining
973	its capability to serve properly the actual or anticipated
974	volume of traffic using the road.
975	(27)(30)  "Transportation corridor" means any land area
976	designated by the state, a county, or a municipality which is
977	between two geographic points and which area is used or suitable
978	for the movement of people and goods by one or more modes of
979	transportation, including areas necessary for management of
980	access and securing applicable approvals and permits.
981	Transportation corridors shall contain, but are not limited to,
982	the following:
983	(a)  Existing publicly owned rights-of-way;
984	(b)  All property or property interests necessary for
985	future transportation facilities, including rights of access,
986	air, view, and light, whether public or private, for the purpose
987	of securing and utilizing future transportation rights-of-way,
988	including, but not limited to, any lands reasonably necessary
989	now or in the future for securing applicable approvals and
990	permits, borrow pits, drainage ditches, water retention areas,
991	rest areas, replacement access for landowners whose access could
992	be impaired due to the construction of a future facility, and
993	replacement rights-of-way for relocation of rail and utility
994	facilities.
995	(28)(31)  "Transportation facility" means any means for the
996	transportation of people or property from place to place which
997	is constructed, operated, or maintained in whole or in part from
998	public funds. The term includes the property or property rights,
999	both real and personal, which have been or may be established by
1000	public bodies for the transportation of people or property from
1001	place to place.
1002	(29)(32)  "Urban area" means a geographic region comprising
1003	as a minimum the area inside the United States Bureau of the
1004	Census boundary of an urban place with a population of 5,000 or
1005	more persons, expanded to include adjacent developed areas as
1006	provided for by Federal Highway Administration regulations.
1007	(33)  "Urban minor arterial road" means a route that
1008	generally interconnects with and augments an urban principal
1009	arterial road and provides service to trips of shorter length
1010	and a lower level of travel mobility. The term includes all
1011	arterials not classified as "principal" and contain facilities
1012	that place more emphasis on land access than the higher system.
1013	(30)(34)  "Urban place" means a geographic region composed
1014	of one or more contiguous census tracts that have been found by
1015	the United States Bureau of the Census to contain a population
1016	density of at least 1,000 persons per square mile.
1017	(35)  "Urban principal arterial road" means a route that
1018	generally serves the major centers of activity of an urban area,
1019	the highest traffic volume corridors, and the longest trip
1020	purpose and carries a high proportion of the total urban area
1021	travel on a minimum of mileage. Such roads are integrated, both
1022	internally and between major rural connections.
1023	(31)(36)  "Urbanized area" means a geographic region
1024	comprising as a minimum the area inside an urban place of 50,000
1025	or more persons, as designated by the United States Bureau of
1026	the Census, expanded to include adjacent developed areas as
1027	provided for by Federal Highway Administration regulations.
1028	Urban areas with a population of fewer than 50,000 persons which
1029	are located within the expanded boundary of an urbanized area
1030	are not separately recognized.
1031	(32)(37)  "511" or "511 services" means three-digit
1032	telecommunications dialing to access interactive voice response
1033	telephone traveler information services provided in the state as
1034	defined by the Federal Communications Commission in FCC Order
1035	No. 00-256, July 31, 2000.
1036	(33)(38)  "Interactive voice response" means a software
1037	application that accepts a combination of voice telephone input
1038	and touch-tone keypad selection and provides appropriate
1039	responses in the form of voice, fax, callback, e-mail, and other
1040	media.
1041	Section 15.  Subsections (11), (13), and (26) of section
1042	334.044, Florida Statutes, are amended to read:
1043	334.044  Department; powers and duties.--The department
1044	shall have the following general powers and duties:
1045	(11)  To establish a numbering system for public roads and,
1046	to functionally classify such roads, and to assign
1047	jurisdictional responsibility.
1048	(13)  To designate existing and to plan proposed
1049	transportation facilities as part of the State Highway System,
1050	and to construct, maintain, and operate such facilities.
1051	(26)  To provide for the enhancement of environmental
1052	benefits, including air and water quality, to prevent roadside
1053	erosion, to conserve the conservation of natural roadside growth
1054	and scenery and for the implementation and maintenance of
1055	roadside conservation, enhancement, and stabilization
1056	beautification programs, and no less than 1.5 percent of the
1057	amount contracted for construction projects shall be allocated
1058	by the department to the purchase of plant materials
1059	beautification programs. Except where prohibited by federal law
1060	or federal regulation and to the greatest extent practical, a
1061	minimum of 50 percent of these funds shall be used to purchase
1062	large plant materials with the remaining funds for other plant
1063	materials. All such plant materials shall be purchased from
1064	Florida-based commercial nursery nurseryman stock on a uniform
1065	competitive bid basis. The department will develop grades and
1066	standards for landscaping materials purchased through this
1067	process. To accomplish these activities, the department may
1068	contract with nonprofit organizations having the primary purpose
1069	of developing youth employment opportunities.
1070	Section 16.  Section 334.047, Florida Statutes, is amended
1071	to read:
1072	334.047  Prohibition.--Notwithstanding any other provision
1073	of law to the contrary, the Department of Transportation may not
1074	establish a cap on the number of miles in the State Highway
1075	System or a maximum number of miles of urban principal arterial
1076	roads, as defined in s. 334.03, within a district or county.
1077	Section 17.  Section 336.445, Florida Statutes, is created
1078	to read:
1079	336.445  Public-private partnerships with counties.--
1080	(1)  Notwithstanding any other provision of law or
1081	ordinance, a county may enter into agreements with private
1082	entities, or a consortia thereof, for the building, operation,
1083	ownership, or financing of toll facilities as part of the county
1084	road system under the following circumstances:
1085	(a)  The county has publically declared at a properly
1086	noticed commission meeting the need for a toll facility and a
1087	desire to contract with a private entity for the building,
1088	operation, ownership, or financing of a toll facility; and
1089	(b)  The county establishes after a public hearing that the
1090	proposal includes unique benefits and that adoption of the
1091	project is not contrary to the interest of the public.
1092	(2)  Before awarding the project to a private entity, the
1093	county must determine that the proposed project:
1094	(a)  Is not contrary to the public's interest;
1095	(b)  Would not require state funds to be used;
1096	(c)  Would have adequate safeguards in place to ensure that
1097	no additional costs or service disruptions would be realized by
1098	the travelling public in the event of default or cancellation of
1099	the agreement by the county; and
1100	(d)  Would have adequate safeguards in place to ensure that
1101	the county or the private entity has the opportunity to add
1102	capacity to the proposed project and other transportation
1103	facilities serving similar origins and destinations.
1104	(3)  Any agreement between a county and a private entity,
1105	or consortia thereof, must address the following:
1106	(a)  Regulations governing the future increase of toll or
1107	fare revenues; and
1108	(b)  That the private entity shall provide an investment
1109	grade traffic and revenue study prepared by an internationally
1110	recognized traffic and revenue expert that is accepted by the
1111	national bond rating agencies. The private entity shall also
1112	provide a finance plan than identifies the project cost,
1113	revenues by source, financing, major assumptions, internal rate
1114	of return on private investment, whether any government funds
1115	are assumed to deliver a cost-feasible project, and a total cash
1116	flow analysis beginning with the implementation of the project
1117	and extending for the term of the agreement.
1118	Section 18.  Subsection (2) of section 337.0261, Florida
1119	Statutes, is amended to read:
1120	337.0261  Construction aggregate materials.--
1121	(2)  LEGISLATIVE INTENT.--The Legislature finds that there
1122	is a strategic and critical need for an available supply of
1123	construction aggregate materials within the state and that a
1124	disruption of the supply would cause a significant detriment to
1125	the state's construction industry, transportation system, and
1126	overall health, safety, and welfare. In addition, the
1127	Legislature recognizes that construction aggregate materials
1128	mining is an industry of critical importance to the state and
1129	that the mining of construction aggregate materials is in the
1130	public interest.
1131	Section 19.  Subsection (1) of section 337.401, Florida
1132	Statutes, is amended to read:
1133	337.401  Use of right-of-way for utilities subject to
1134	regulation; permit; fees.--
1135	(1)(a)  The department and local governmental entities,
1136	referred to in ss. 337.401-337.404 as the "authority," that have
1137	jurisdiction and control of public roads or publicly owned rail
1138	corridors are authorized to prescribe and enforce reasonable
1139	rules or regulations with reference to the placing and
1140	maintaining along, across, or on any road or publicly owned rail
1141	corridors under their respective jurisdictions any electric
1142	transmission, telephone, telegraph, or other communications
1143	services lines; pole lines; poles; railways; ditches; sewers;
1144	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1145	pumps; or other structures referred to in this section as the
1146	"utility." For aerial and underground electric utility
1147	transmission lines designed to operate at 69 or more kilovolts
1148	that are needed to accommodate the additional electrical
1149	transfer capacity on the transmission grid resulting from new
1150	base-load generating facilities, where there is no other
1151	practicable alternative available for placement of the electric
1152	utility transmission lines on the department's rights-of-way,
1153	the department's rules shall provide for placement of and access
1154	to such transmission lines adjacent to and within the right-of-
1155	way of any department-controlled public roads, including
1156	longitudinally within limited access facilities to the greatest
1157	extent allowed by federal law, if compliance with the standards
1158	established by such rules is achieved. Such rules may include,
1159	but need not be limited to, that the use of the right-of-way is
1160	reasonable based upon a consideration of economic and
1161	environmental factors, including, without limitation, other
1162	practicable alternative alignments, utility corridors and
1163	easements, impacts on adjacent property owners, and minimum
1164	clear zones and other safety standards, and further provide that
1165	placement of the electric utility transmission lines within the
1166	department's right-of-way does not interfere with operational
1167	requirements of the transportation facility or planned or
1168	potential future expansion of such transportation facility. If
1169	the department approves longitudinal placement of electric
1170	utility transmission lines in limited access facilities,
1171	compensation for the use of the right-of-way is required. Such
1172	consideration or compensation paid by the electric utility in
1173	connection with the department's issuance of a permit does not
1174	create any property right in the department's property
1175	regardless of the amount of consideration paid or the
1176	improvements constructed on the property by the utility. Upon
1177	notice by the department that the property is needed for
1178	expansion or improvement of the transportation facility, the
1179	electric utility transmission line will relocate from the
1180	facility at the electric utility's sole expense. The electric
1181	utility shall pay to the department reasonable damages resulting
1182	from the utility's failure or refusal to timely relocate its
1183	transmission lines. The rules to be adopted by the department
1184	may also address the compensation methodology and relocation. As
1185	used in this subsection, the term "base-load generating
1186	facilities" means electric power plants that are certified under
1187	part II of chapter 403. The department may enter into a permit-
1188	delegation agreement with a governmental entity if issuance of a
1189	permit is based on requirements that the department finds will
1190	ensure the safety and integrity of facilities of the Department
1191	of Transportation; however, the permit-delegation agreement does
1192	not apply to facilities of electric utilities as defined in s.
1193	366.02(2).
1194	(b)  For aerial and underground electric utility
1195	transmission lines designed to operate at 69 or more kilovolts
1196	that are needed to accommodate the additional electrical
1197	transfer capacity on the transmission grid resulting from new
1198	base-load generating facilities, the department's rules shall
1199	provide for placement of and access to such transmission lines
1200	adjacent to and within the right-of-way of any department-
1201	controlled public roads, including longitudinally within limited
1202	access facilities where there is no other practicable
1203	alternative available, to the greatest extent allowed by federal
1204	law, if compliance with the standards established by such rules
1205	is achieved. Such rules may include, but need not be limited to,
1206	that the use of the limited access right-of-way for longitudinal
1207	placement of electric utility transmission lines is reasonable
1208	based upon a consideration of economic and environmental
1209	factors, including, without limitation, other practicable
1210	alternative alignments, utility corridors and easements, impacts
1211	on adjacent property owners, and minimum clear zones and other
1212	safety standards, and further provide that placement of the
1213	electric utility transmission lines within the department's
1214	right-of-way does not interfere with operational requirements of
1215	the transportation facility or planned or potential future
1216	expansion of such transportation facility. If the department
1217	approves longitudinal placement of electric utility transmission
1218	lines in limited access facilities, compensation for the use of
1219	the right-of-way is required. Such consideration or compensation
1220	paid by the electric utility in connection with the department's
1221	issuance of a permit does not create any property right in the
1222	department's property regardless of the amount of consideration
1223	paid or the improvements constructed on the property by the
1224	utility. Upon notice by the department that the property is
1225	needed for expansion or improvement of the transportation
1226	facility, the electric utility transmission line will relocate
1227	at the electric utility's sole expense. The electric utility
1228	shall pay to the department reasonable damages resulting from
1229	the utility's failure or refusal to timely relocate its
1230	transmission lines. The rules to be adopted by the department
1231	may also address the compensation methodology and relocation. As
1232	used in this subsection, the term "base-load generating
1233	facilities" means electric power plants that are certified under
1234	part II of chapter 403.
1235	Section 20.  Subsection (3) and paragraphs (b) and (c) of
1236	subsection (4) of section 339.2816, Florida Statutes, are
1237	amended to read:
1238	339.2816  Small County Road Assistance Program.--
1239	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1240	2009-2010, and beginning again with fiscal year 2012-2013, up to
1241	$25 million annually from the State Transportation Trust Fund
1242	may be used for the purposes of funding the Small County Road
1243	Assistance Program as described in this section.
1244	(4)
1245	(b)  In determining a county's eligibility for assistance
1246	under this program, the department may consider whether the
1247	county has attempted to keep county roads in satisfactory
1248	condition, including the amount of local option fuel tax and ad
1249	valorem millage rate imposed by the county. The department may
1250	also consider the extent to which the county has offered to
1251	provide a match of local funds with state funds provided under
1252	the program. At a minimum, small counties shall be eligible only
1253	if:
1254	1.  the county has enacted the maximum rate of the local
1255	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1256	an ad valorem millage rate of at least 8 mills; or
1257	2.  The county has imposed an ad valorem millage rate of 10
1258	mills.
1259	(c)  The following criteria shall be used to prioritize
1260	road projects for funding under the program:
1261	1.  The primary criterion is the physical condition of the
1262	road as measured by the department.
1263	2.  As secondary criteria the department may consider:
1264	a.  Whether a road is used as an evacuation route.
1265	b.  Whether a road has high levels of agricultural travel.
1266	c.  Whether a road is considered a major arterial route.
1267	d.  Whether a road is considered a feeder road.
1268	e.  Whether a road is located in a fiscally constrained
1269	county as defined in s. 218.67(1).
1270	f.e.  Other criteria related to the impact of a project on
1271	the public road system or on the state or local economy as
1272	determined by the department.
1273	Section 21.  Subsections (1) and (4) of section 339.2818,
1274	Florida Statutes, are amended to read:
1275	339.2818  Small County Outreach Program.--
1276	(1)  There is created within the Department of
1277	Transportation the Small County Outreach Program. The purpose of
1278	this program is to assist small county governments in repairing
1279	or rehabilitating county bridges, paving unpaved roads,
1280	addressing road-related drainage improvements, resurfacing or
1281	reconstructing county roads or in constructing capacity or
1282	safety improvements to county roads.
1283	(4)(a)  Small counties shall be eligible to compete for
1284	funds that have been designated for the Small County Outreach
1285	Program for projects on county roads. The department shall fund
1286	75 percent of the cost of projects on county roads funded under
1287	the program.
1288	(b)  In determining a county's eligibility for assistance
1289	under this program, the department may consider whether the
1290	county has attempted to keep county roads in satisfactory
1291	condition which may be evidenced through an established pavement
1292	management plan.
1293	(c)  The following criteria shall be used to prioritize
1294	road projects for funding under the program:
1295	1.  The primary criterion is the physical condition of the
1296	road as measured by the department.
1297	2.  As secondary criteria the department may consider:
1298	a.  Whether a road is used as an evacuation route.
1299	b.  Whether a road has high levels of agricultural travel.
1300	c.  Whether a road is considered a major arterial route.
1301	d.  Whether a road is considered a feeder road.
1302	e. Information as evidenced to the department through an
1303	established pavement management plan.
1304	f.e.  Other criteria related to the impact of a project on
1305	the public road system or on the state or local economy as
1306	determined by the department.
1307	Section 22.  Subsections (1), (2), and (5) of section
1308	339.64, Florida Statutes, are amended to read:
1309	339.64  Strategic Intermodal System Plan.--
1310	(1)  The department shall develop, in cooperation with
1311	metropolitan planning organizations, regional planning councils,
1312	local governments, the Statewide Intermodal Transportation
1313	Advisory Council and other transportation providers, a Strategic
1314	Intermodal System Plan. The plan shall be consistent with the
1315	Florida Transportation Plan developed pursuant to s. 339.155 and
1316	shall be updated at least once every 5 years, subsequent to
1317	updates of the Florida Transportation Plan.
1318	(2)  In association with the continued development of the
1319	Strategic Intermodal System Plan, the Florida Transportation
1320	Commission, as part of its work program review process, shall
1321	conduct an annual assessment of the progress that the department
1322	and its transportation partners have made in realizing the goals
1323	of economic development, improved mobility, and increased
1324	intermodal connectivity of the Strategic Intermodal System. The
1325	Florida Transportation Commission shall coordinate with the
1326	department, the Statewide Intermodal Transportation Advisory
1327	Council, and other appropriate entities when developing this
1328	assessment. The Florida Transportation Commission shall deliver
1329	a report to the Governor and Legislature no later than 14 days
1330	after the regular session begins, with recommendations as
1331	necessary to fully implement the Strategic Intermodal System.
1332	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
1333	COUNCIL.--
1334	(a)  The Statewide Intermodal Transportation Advisory
1335	Council is created to advise and make recommendations to the
1336	Legislature and the department on policies, planning, and
1337	funding of intermodal transportation projects. The council's
1338	responsibilities shall include:
1339	1.  Advising the department on the policies, planning, and
1340	implementation of strategies related to intermodal
1341	transportation.
1342	2.  Providing advice and recommendations to the Legislature
1343	on funding for projects to move goods and people in the most
1344	efficient and effective manner for the State of Florida.
1345	(b)  MEMBERSHIP.--Members of the Statewide Intermodal
1346	Transportation Advisory Council shall consist of the following:
1347	1.  Six intermodal industry representatives selected by the
1348	Governor as follows:
1349	a.  One representative from an airport involved in the
1350	movement of freight and people from their airport facility to
1351	another transportation mode.
1352	b.  One individual representing a fixed-route, local-
1353	government transit system.
1354	c.  One representative from an intercity bus company
1355	providing regularly scheduled bus travel as determined by
1356	federal regulations.
1357	d.  One representative from a spaceport.
1358	e.  One representative from intermodal trucking companies.
1359	f.  One representative having command responsibilities of a
1360	major military installation.
1361	2.  Three intermodal industry representatives selected by
1362	the President of the Senate as follows:
1363	a.  One representative from major-line railroads.
1364	b.  One representative from seaports listed in s. 311.09(1)
1365	from the Atlantic Coast.
1366	c.  One representative from an airport involved in the
1367	movement of freight and people from their airport facility to
1368	another transportation mode.
1369	3.  Three intermodal industry representatives selected by
1370	the Speaker of the House of Representatives as follows:
1371	a.  One representative from short-line railroads.
1372	b.  One representative from seaports listed in s. 311.09(1)
1373	from the Gulf Coast.
1374	c.  One representative from intermodal trucking companies.
1375	In no event may this representative be employed by the same
1376	company that employs the intermodal trucking company
1377	representative selected by the Governor.
1378	(c)  Initial appointments to the council must be made no
1379	later than 30 days after the effective date of this section.
1380	1.  The initial appointments made by the President of the
1381	Senate and the Speaker of the House of Representatives shall
1382	serve terms concurrent with those of the respective appointing
1383	officer. Beginning January 15, 2005, and for all subsequent
1384	appointments, council members appointed by the President of the
1385	Senate and the Speaker of the House of Representatives shall
1386	serve 2-year terms, concurrent with the term of the respective
1387	appointing officer.
1388	2.  The initial appointees, and all subsequent appointees,
1389	made by the Governor shall serve 2-year terms.
1390	3.  Vacancies on the council shall be filled in the same
1391	manner as the initial appointments.
1392	(d)  Each member of the council shall be allowed one vote.
1393	The council shall select a chair from among its membership.
1394	Meetings shall be held at the call of the chair, but not less
1395	frequently than quarterly. The members of the council shall be
1396	reimbursed for per diem and travel expenses as provided in s.
1397	112.061.
1398	(e)  The department shall provide administrative staff
1399	support and shall ensure that council meetings are
1400	electronically recorded. Such recordings and all documents
1401	received, prepared for, or used by the council in conducting its
1402	business shall be preserved pursuant to chapters 119 and 257.
1403	Section 23.  Subsection (2) of section 341.071, Florida
1404	Statutes, is amended to read:
1405	341.071  Transit productivity and performance measures;
1406	reports.--
1407	(2)  Each public transit provider shall establish
1408	productivity and performance measures, which must be approved by
1409	the department and which must be selected from measures
1410	developed pursuant to s. 341.041(3). Each provider shall, by
1411	January 31 of each year, report to the department relative to
1412	these measures. In approving these measures, the department
1413	shall give consideration to the goals and objectives of each
1414	system, the needs of the local area, and the role for public
1415	transit in the local area. The report shall also specifically
1416	address potential enhancements to productivity and performance
1417	which would have the effect of increasing farebox recovery
1418	ratio. The report shall also specifically address the use and
1419	effectiveness of high-performance transit systems authorized in
1420	s. 163.3180 and included in a county's or the Department of
1421	Transportation's long-range plan.
1422	Section 24.  Paragraph (c) of subsection (4) of section
1423	348.0003, Florida Statutes, is amended to read:
1424	348.0003  Expressway Authority; formation and;
1425	membership.--
1426	(4)
1427	(c)  Members of each expressway an authority,
1428	transportation authority, bridge authority, or toll authority,
1429	created pursuant to this chapter, chapter 343, or chapter 349,
1430	or pursuant to any other legislative enactment, shall be
1431	required to comply with the applicable financial disclosure
1432	requirements of s. 8, Art. II of the State Constitution. This
1433	paragraph does not subject a statutorily created expressway
1434	authority, transportation authority, bridge authority, or toll
1435	authority, other than one created under this part, to any of the
1436	requirements of this part other than those contained in this
1437	paragraph.
1438	Section 25.  Subsections (3) and (7) of section 348.51,
1439	Florida Statutes, are amended to read:
1440	348.51  Definitions.--The following terms whenever used or
1441	referred to in this part shall have the following meanings,
1442	except in those instances where the context clearly indicates
1443	otherwise:
1444	(3)  "Bonds" means and includes the notes, bonds, refunding
1445	bonds, or other evidences of indebtedness or obligations, in
1446	either temporary or definitive form, which of the authority is
1447	authorized to issue issued pursuant to this part.
1448	(7)  "Expressway system" or "system" means, generally, a
1449	modern highway system of roads, managed lanes, and other transit
1450	supporting facilities, bridges, causeways, and tunnels in the
1451	metropolitan area of the city, or within any area of the county,
1452	including the Tampa Bay Region as defined by those counties set
1453	forth in s. 343.91(1)(a), with access limited or unlimited as
1454	the authority may determine, and such buildings and structures
1455	and appurtenances and facilities related thereto, including all
1456	approaches, streets, roads, bridges, and avenues of access for
1457	such system.
1458	Section 26.  Section 348.53, Florida Statutes, is amended
1459	to read:
1460	348.53  Purposes of the authority.--The authority is
1461	created for the purposes and shall have power to construct,
1462	reconstruct, improve, extend, repair, maintain and operate the
1463	expressway system. It is hereby found and declared that such
1464	purposes are in all respects for the benefit of the people of
1465	the State of Florida, City of Tampa, and the County of
1466	Hillsborough, and Tampa Bay Region, for the increase of their
1467	pleasure, convenience and welfare, for the improvement of their
1468	health, to facilitate transportation, including transit support
1469	facilities, for their recreation and commerce and for the common
1470	defense. The authority shall be performing a public purpose and
1471	a governmental function in carrying out its corporate purpose
1472	and in exercising the powers granted herein.
1473	Section 27.  Subsections (7) and (8) of section 348.54,
1474	Florida Statutes, are amended to read:
1475	348.54  Powers of the authority.--Except as otherwise
1476	limited herein, the authority shall have the power:
1477	(7)  To borrow money and to make and issue negotiable
1478	bonds, notes, refunding bonds, and other evidences of
1479	indebtedness or obligations, either in temporary or definitive
1480	form, hereinafter in this chapter referred to as "bonds of the
1481	authority," for the purpose of financing all or part of the
1482	improvement or extension of the expressway system, and
1483	appurtenant facilities, including all approaches, streets,
1484	roads, bridges, and avenues of access for the expressway system
1485	and for any other purpose authorized by this part and to provide
1486	for the rights of the holders thereof.
1487	(8)  To secure the payment of bonds by a pledge of all or
1488	any portion of the revenues or such other moneys legally
1489	available therefor and of all or any portion of the Hillsborough
1490	County gasoline tax funds in the manner provided by this part;
1491	and in general to provide for the security of the bonds and the
1492	rights and remedies of the holders thereof. Interest upon the
1493	amount of gasoline tax funds to be repaid to the county pursuant
1494	to s. 348.60 shall be payable, at the highest rate applicable to
1495	any outstanding bonds of the authority, out of revenues and
1496	other available moneys not required to meet the authority's
1497	obligations to its bondholders. The authority shall have no
1498	power at any time or in any manner to pledge the credit or
1499	taxing power of the state or any political subdivision or
1500	agency, including the city and the county, nor shall any of the
1501	authority's obligations be deemed to be obligations of the state
1502	or of any political subdivision or agency, nor shall the state
1503	or any political subdivision or agency, except the authority, be
1504	liable for the payment of the principal of or interest on such
1505	obligations.
1506	Section 28.  Section 348.545, Florida Statutes, is amended
1507	to read:
1508	348.545  Facility improvement; bond financing
1509	authority.--Pursuant to s. 11(f), Art. VII of the State
1510	Constitution, the Legislature hereby approves for bond financing
1511	by the Tampa-Hillsborough County Expressway Authority
1512	improvements to toll collection facilities, interchanges to the
1513	legislatively approved expressway system, and any other facility
1514	appurtenant, necessary, or incidental to the approved system.
1515	Subject to terms and conditions of applicable revenue bond
1516	resolutions and covenants, such costs financing may be financed
1517	in whole or in part by revenue bonds issued pursuant to s.
1518	348.56(1)(a) or (b) whether currently issued or issued in the
1519	future, or by a combination of such bonds.
1520	Section 29.  Subsections (1) and (2) of section 348.56,
1521	Florida Statutes, are amended to read:
1522	348.56  Bonds of the authority.--
1523	(1)(a)  Bonds may be issued on behalf of the authority
1524	pursuant to the State Bond Act.
1525	(b)  Alternatively, the authority shall have the power and
1526	is hereby authorized from time to time to issue bonds in such
1527	principal amount as, in the opinion of the authority, shall be
1528	necessary to provide sufficient moneys for achieving its
1529	corporate purposes, including construction, reconstruction,
1530	improvement, extension, repair, maintenance and operation of the
1531	expressway system, the cost of acquisition of all real property,
1532	interest on bonds during construction and for a reasonable
1533	period thereafter, establishment of reserves to secure bonds,
1534	and all other expenditures of the authority incident to and
1535	necessary or convenient to carry out its corporate purposes and
1536	powers.
1537	(2)(a)  Bonds issued by the authority pursuant to paragraph
1538	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1539	the members of the authority and shall bear such date or dates,
1540	mature at such time or times, not exceeding 40 years from their
1541	respective dates, bear interest at such rate or rates, not
1542	exceeding the maximum rate fixed by general law for authorities,
1543	be in such denominations, be in such form, either coupon or
1544	fully registered, carry such registration, exchangeability and
1545	interchangeability privileges, be payable in such medium of
1546	payment and at such place or places, be subject to such terms of
1547	redemption and be entitled to such priorities of lien on the
1548	revenues, other available moneys, and the Hillsborough County
1549	gasoline tax funds as such resolution or any resolution
1550	subsequent thereto may provide. The bonds shall be executed
1551	either by manual or facsimile signature by such officers as the
1552	authority shall determine, provided that such bonds shall bear
1553	at least one signature which is manually executed thereon. The
1554	coupons attached to such bonds shall bear the facsimile
1555	signature or signatures of such officer or officers as shall be
1556	designated by the authority. Such bonds shall have the seal of
1557	the authority affixed, imprinted, reproduced, or lithographed
1558	thereon.
1559	(b)  The bonds issued pursuant to paragraph (1)(a) or
1560	paragraph (1)(b) shall be sold at public sale in the same manner
1561	provided in the State Bond Act, and the net interest cost to the
1562	authority on such bonds shall not exceed the maximum rate fixed
1563	by general law for authorities. If all bids received on the
1564	public sale are rejected, the authority may then proceed to
1565	negotiate for the sale of the bonds at a net interest cost which
1566	shall be less than the lowest net interest cost stated in the
1567	bids rejected at the public sale. However, if the authority
1568	determines, by official action at a public meeting, that a
1569	negotiated sale of such bonds is in the best interest of the
1570	authority, the authority may negotiate the sale of such bonds
1571	with the underwriter or underwriters designated by the authority
1572	and the Division of Bond Finance within the State Board of
1573	Administration with respect to bonds issued pursuant to
1574	paragraph (1)(a) or solely by the authority with respect to
1575	bonds issued pursuant to paragraph (1)(b). The authority's
1576	determination to negotiate the sale of such bonds may be based,
1577	in part, upon the written advice of the authority's financial
1578	adviser. Pending the preparation of definitive bonds, temporary
1579	bonds or interim certificates may be issued to the purchaser or
1580	purchasers of such bonds and may contain such terms and
1581	conditions as the authority may determine.
1582	Section 30.  Section 348.565, Florida Statutes, is amended
1583	to read:
1584	348.565  Revenue bonds for specified projects.--The
1585	existing facilities that constitute the Tampa-Hillsborough
1586	County Expressway System are hereby approved to be refinanced by
1587	the issuance of revenue bonds issued by the Division of Bond
1588	Finance of the State Board of Administration pursuant to s.
1589	11(f), Art. VII of the State Constitution and the State Bond
1590	Act, or by revenue bonds issued by the authority pursuant to s.
1591	348.56(1)(b). In addition, the following projects of the Tampa-
1592	Hillsborough County Expressway Authority are approved to be
1593	financed or refinanced by the issuance of revenue bonds in
1594	accordance with this part and pursuant to s. 11(f), Art. VII of
1595	the State Constitution:
1596	(1)  Brandon area feeder roads.
1597	(2)  Capital improvements to the expressway system,
1598	including safety and operational improvements and toll
1599	collection equipment.
1600	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1601	(4)  The connector highway linking the Lee Roy Selmon
1602	Crosstown Expressway to Interstate 4.
1603	(5)  Managed lanes and other transit support facilities.
1604	Section 31.  Subsection (1) of section 348.57, Florida
1605	Statutes, is amended to read:
1606	348.57  Refunding bonds.--
1607	(1)  Subject to public notice as provided in s. 348.54, the
1608	authority is authorized to provide by resolution for the
1609	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1610	for the purpose of refunding any bonds then outstanding
1611	regardless of whether the bonds being refunded were issued by
1612	the authority pursuant to this chapter or on behalf of the
1613	authority pursuant to the State Bond Act. The authority is
1614	further authorized to provide by resolution for the issuance of
1615	bonds for the combined purpose of:
1616	(a)  Paying the cost of constructing, reconstructing,
1617	improving, extending, repairing, maintaining and operating the
1618	expressway system.
1619	(b)  Refunding bonds then outstanding. The authorization,
1620	sale and issuance of such obligations, the maturities and other
1621	details thereof, the rights and remedies of the holders thereof,
1622	and the rights, powers, privileges, duties and obligations of
1623	the authority with respect to the same shall be governed by the
1624	foregoing provisions of this part insofar as the same may be
1625	applicable.
1626	Section 32.  Section 348.70, Florida Statutes, is amended
1627	to read:
1628	348.70  This part complete and additional authority.--
1629	(1)  The powers conferred by this part shall be in addition
1630	and supplemental to the existing respective powers of the
1631	authority, the department, the county, and the city, if any, and
1632	this part shall not be construed as repealing any of the
1633	provisions of any other law, general, special, or local, but
1634	shall be deemed to supersede such other law or laws in the
1635	exercise of the powers provided in this part insofar as such
1636	other law or laws are inconsistent with the provisions of this
1637	part and to provide a complete method for the exercise of the
1638	powers granted herein. The construction, reconstruction,
1639	improvement, extension, repair, maintenance, and operation of
1640	the expressway system, and the issuance of bonds hereunder to
1641	finance all or part of the cost thereof, may be accomplished
1642	upon compliance with the provisions of this part without regard
1643	to or necessity for compliance with the provisions, limitations,
1644	or restrictions contained in any other general, special, or
1645	local law, including, but not limited to, s. 215.821, and no
1646	approval of any bonds issued under this part by the qualified
1647	electors or qualified electors who are freeholders in the state
1648	or in the county or in the city or in any other political
1649	subdivision of the state shall be required for the issuance of
1650	such bonds.
1651	(2)  This part does not repeal, rescind, or modify any
1652	other law or laws relating to the State Board of Administration,
1653	the Department of Transportation, or the Division of Bond
1654	Finance of the State Board of Administration, but shall
1655	supersede such other law or laws as are inconsistent with the
1656	provisions of this part, including, but not limited to, s.
1657	215.821.
1658	Section 33.  Subsection (6) of section 369.317, Florida
1659	Statutes, is amended to read:
1660	369.317  Wekiva Parkway.--
1661	(6)  The Orlando-Orange County Expressway Authority is
1662	hereby granted the authority to act as a third-party acquisition
1663	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1664	or chapter 373 on behalf of the governing board of the St. Johns
1665	River Water Management District, for the acquisition of all
1666	necessary lands, property and all interests in property
1667	identified herein, including fee simple or less-than-fee simple
1668	interests. The lands subject to this authority are identified in
1669	paragraph 10.a., State of Florida, Office of the Governor,
1670	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1671	of the Wekiva Basin Area Task Force created by Executive Order
1672	2002-259, such lands otherwise known as Neighborhood Lakes, a
1673	1,587+/- acre parcel located in Orange and Lake Counties within
1674	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1675	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1676	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
1677	County within Section 37, Township 19 South, Range 28 East; New
1678	Garden Coal; a 1,605+/- acre parcel in Lake County within
1679	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1680	East; Pine Plantation, a 617+/- acre tract consisting of eight
1681	individual parcels within the Apopka City limits. The Department
1682	of Transportation, the Department of Environmental Protection,
1683	the St. Johns River Water Management District, and other land
1684	acquisition entities shall participate and cooperate in
1685	providing information and support to the third-party acquisition
1686	agent. The land acquisition process authorized by this paragraph
1687	shall begin no later than December 31, 2004. Acquisition of the
1688	properties identified as Neighborhood Lakes, Pine Plantation,
1689	and New Garden Coal, or approval as a mitigation bank shall be
1690	concluded no later than December 31, 2010. Department of
1691	Transportation and Orlando-Orange County Expressway Authority
1692	funds expended to purchase an interest in those lands identified
1693	in this subsection shall be eligible as environmental mitigation
1694	for road construction related impacts in the Wekiva Study Area.
1695	If any of the lands identified in this subsection are used as
1696	environmental mitigation for road-construction-related impacts
1697	incurred by the Department of Transportation or the Orlando-
1698	Orange County Expressway Authority, or for other impacts
1699	incurred by other entities, within the Wekiva Study Area or
1700	within the Wekiva Parkway alignment corridor and, if the
1701	mitigation offsets such impacts, the St. Johns River Water
1702	Management District and the Department of Environmental
1703	Protection shall consider the activity regulated under part IV
1704	of chapter 373 to meet the cumulative impact requirements of s.
1705	373.414(8)(a).
1706	(a)  Acquisition of the land described in this section is
1707	required to provide right of way for the Wekiva Parkway, a
1708	limited access roadway linking State Road 429 to Interstate 4,
1709	an essential component in meeting regional transportation needs
1710	to provide regional connectivity, improve safety, accommodate
1711	projected population and economic growth, and satisfy critical
1712	transportation requirements caused by increased traffic volume
1713	growth and travel demands.
1714	(b)  Acquisition of the lands described in this section is
1715	also required to protect the surface water and groundwater
1716	resources of Lake, Orange, and Seminole counties, otherwise
1717	known as the Wekiva Study Area, including recharge within the
1718	springshed that provides for the Wekiva River system. Protection
1719	of this area is crucial to the long term viability of the Wekiva
1720	River and springs and the central Florida region's water supply.
1721	Acquisition of the lands described in this section is also
1722	necessary to alleviate pressure from growth and development
1723	affecting the surface and groundwater resources within the
1724	recharge area.
1725	(c)  Lands acquired pursuant to this section that are
1726	needed for transportation facilities for the Wekiva Parkway
1727	shall be determined not necessary for conservation purposes
1728	pursuant to ss. 253.034(6) and 373.089(5) and shall be
1729	transferred to or retained by the Orlando-Orange County
1730	Expressway Authority or the Department of Transportation upon
1731	reimbursement of the full purchase price and acquisition costs.
1732	Section 34.  Paragraph (a) of subsection (7) of section
1733	380.06, Florida Statutes, is amended to read:
1734	380.06  Developments of regional impact.--
1735	(7)  PREAPPLICATION PROCEDURES.--
1736	(a)  Before filing an application for development approval,
1737	the developer shall contact the regional planning agency with
1738	jurisdiction over the proposed development to arrange a
1739	preapplication conference. Upon the request of the developer or
1740	the regional planning agency, other affected state and regional
1741	agencies shall participate in this conference and shall identify
1742	the types of permits issued by the agencies, the level of
1743	information required, and the permit issuance procedures as
1744	applied to the proposed development. The level-of-service
1745	standards required in the transportation methodology must be the
1746	same level-of-service standards used to evaluate concurrency in
1747	accordance with s. 163.3180. The regional planning agency shall
1748	provide the developer information to the developer about the
1749	development-of-regional-impact process and the use of
1750	preapplication conferences to identify issues, coordinate
1751	appropriate state and local agency requirements, and otherwise
1752	promote a proper and efficient review of the proposed
1753	development. If an agreement is reached regarding assumptions
1754	and methodology to be used in the application for development
1755	approval, the reviewing agencies may not subsequently object to
1756	those assumptions and methodologies unless subsequent changes to
1757	the project or information obtained during the review make those
1758	assumptions and methodologies inappropriate.
1759	Section 35.  Sections 479.01, 479.015, 479.02, 479.03,
1760	479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
1761	479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
1762	479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
1763	are designated as part I of chapter 479, Florida Statutes.
1764	Section 36.  Sections 479.261, 479.262, 479.27, 479.28, and
1765	479.30, Florida Statutes, are designated as part II of chapter
1766	479, Florida Statutes.
1767	Section 37.  Part III of chapter 479, Florida Statutes,
1768	consisting of sections 479.310, 479.311, 479.312, 479.313, and
1769	479.314, is created to read:
1770	PART III
1771	SIGN REMOVAL
1772	479.310  Legislative intent.--It is the intent of this part
1773	to relieve the department from the financial burden incurred in
1774	the removal of unpermitted and illegal signs located within the
1775	controlled areas adjacent to the State Highway System,
1776	interstate, or federal-aid primary system; to place the
1777	financial responsibility for the cost of such removal directly
1778	upon those benefiting from the location and operation of such
1779	unpermitted and illegal signs; and to provide clear authority to
1780	the department for the recovery of cost incurred by the
1781	department in the removal of such unpermitted and illegal signs.
1782	479.311  Jurisdiction; venue.--The county court shall have
1783	jurisdiction concurrent with the circuit court to consider
1784	claims filed by the department in amounts that are within their
1785	jurisdictional limitations. Venue shall be the Leon County for
1786	the purpose of a claim filed by the department to recover its
1787	costs as provided in this section.
1788	479.312  Unpermitted signs; cost of removal.--All costs
1789	incurred by the department in connection with the removal of a
1790	sign located within a controlled area adjacent to the interstate
1791	highway system, the federal-aid primary highway system, or the
1792	State Highway System shall be assessed against and collected
1793	from the following persons if they have not been issued a permit
1794	under part I of this chapter:
1795	(1)  The owner of the sign;
1796	(2)  The advertiser displayed on the sign; or
1797	(3)  The owner of the property upon which the sign is
1798	located.
1799
1800	For the purpose of this subsection, a sign that does not display
1801	the name of the owner of the sign shall be presumed to be owned
1802	by the owner of the property upon which the sign is located.
1803	479.313  Permit revocation; cost of removal.--All costs
1804	incurred by the department in connection with the removal of a
1805	sign located within a controlled area adjacent to the interstate
1806	highway system, the federal-aid primary highway system, or the
1807	State Highway System following the revocation of the permit for
1808	such sign shall be assessed against and collected from the
1809	permittee.
1810	479.314  Highway rights-of-way; cost of sign removal.--All
1811	costs incurred by the department in connection with the removal
1812	of a sign located within a right-of-way of the interstate
1813	highway system, the federal-aid primary highway system, or the
1814	State Highway System shall be assessed against and collected
1815	from the owner of the sign or the advertiser displayed on the
1816	sign.
1817	Section 38.  Section 705.18, Florida Statutes, is amended
1818	to read:
1819	705.18  Disposal of personal property lost or abandoned on
1820	university or community college campuses or certain public-use
1821	airports; disposition of proceeds from sale thereof.--
1822	(1)  Whenever any lost or abandoned personal property shall
1823	be found on a campus of an institution in the State University
1824	System or a campus of a state-supported community college, or on
1825	premises owned or controlled by the operator of a public-use
1826	airport having regularly scheduled international passenger
1827	service, the president of the institution or the president's
1828	designee or the director of the airport or the director's
1829	designee shall take charge thereof and make a record of the date
1830	such property was found. If, within 30 days after such property
1831	is found, or a longer period of time as may be deemed
1832	appropriate by the president or the director under the
1833	circumstances, the property it is not claimed by the owner, the
1834	president or director shall order it sold at public outcry after
1835	giving notice of the time and place of sale in a publication of
1836	general circulation on the campus of such institution or within
1837	the county where the airport is located and written notice to
1838	the owner if known. The rightful owner of such property may
1839	reclaim the same at any time prior to sale.
1840	(2)  All moneys realized from such institution's sale shall
1841	be placed in an appropriate fund and used solely for student
1842	scholarship and loan purposes. All moneys realized from such
1843	sale by an airport, less its costs of storage, transportation,
1844	and publication of notice, shall, unless another use is required
1845	by federal law, be deposited into the state school fund.
1846	Section 39.  Section 705.182, Florida Statutes, is created
1847	to read:
1848	705.182  Disposal of personal property found on the
1849	premises of public-use airports.--
1850	(1)  Whenever any personal property, other than an aircraft
1851	or motor vehicle, is found on premises owned or controlled by
1852	the operator of a public-use airport, the director of the
1853	airport or the director's designee shall take charge thereof and
1854	make a record of the date such property was found.
1855	(2)  If, within 30 calendar days after such property is
1856	found or for a longer period of time as may be deemed
1857	appropriate by the director or the director's designee under the
1858	circumstances, the property is not claimed by the owner, the
1859	director or the director's designee may:
1860	(a)  Retain any or all of the property for use by the
1861	airport or for use by the state or the unit of local government
1862	owning or operating the airport;
1863	(b)  Trade such property to another unit of local
1864	government or a state agency;
1865	(c)  Donate the property to a charitable organization;
1866	(d)  Sell the property; or
1867	(e)  Dispose of the property through an appropriate refuse
1868	removal company or a company that provides salvage services for
1869	the type of personal property found or located on the airport
1870	premises.
1871	(3)  The airport shall notify the owner, if known, of the
1872	property found on the airport premises and that the airport
1873	intends to dispose of the property as provided in subsection
1874	(2).
1875	(4)  If the airport elects to sell the property under
1876	paragraph (2)(d), the property must be sold at a public auction
1877	either on the Internet or at a specified physical location after
1878	giving notice of the time and place of sale, at least 10
1879	calendar days prior to the date of sale, in a publication of
1880	general circulation within the county where the airport is
1881	located and after written notice, via certified mail, return
1882	receipt requested, is provided to the owner, if known. Any such
1883	notice shall be sufficient if the notice refers to the airport's
1884	intention to sell all then-accumulated found property, and there
1885	is no requirement that the notice identify each item to be sold.
1886	The rightful owner of such property may reclaim the property at
1887	any time prior to sale by presenting acceptable evidence of
1888	ownership to the airport director or the director's designee.
1889	All proceeds from the sale of the property shall be retained by
1890	the airport for use by the airport in any lawfully authorized
1891	manner.
1892	(5)  Nothing in this section shall preclude the airport
1893	from allowing a domestic or international air carrier or other
1894	tenant, on premises owned or controlled by the operator of a
1895	public-use airport, to establish its own lost and found
1896	procedures for personal property and to dispose of such personal
1897	property.
1898	(6)  A purchaser or recipient in good faith of personal
1899	property sold or obtained under this section shall take the
1900	property free of the rights of persons then holding any legal or
1901	equitable interest thereto, whether or not recorded.
1902	Section 40.  Section 705.183, Florida Statutes, is created
1903	to read:
1904	705.183  Disposal of derelict or abandoned aircraft on the
1905	premises of public-use airports.--
1906	(1)(a)  Whenever any derelict or abandoned aircraft is
1907	found or located on premises owned or controlled by the operator
1908	of a public-use airport, whether or not such premises are under
1909	a lease or license to a third party, the director of the airport
1910	or the director's designee shall make a record of the date the
1911	aircraft was found or determined to be present on the airport
1912	premises.
1913	(b)  For purposes of this section, the term:
1914	1.  "Abandoned aircraft" means an aircraft that has been
1915	disposed of on a public-use airport in a wrecked, inoperative,
1916	or partially dismantled condition or an aircraft that has
1917	remained in an idle state on premises owned or controlled by the
1918	operator of a public-use airport for 45 consecutive calendar
1919	days.
1920	2.  "Derelict aircraft" means any aircraft that is not in a
1921	flyable condition, does not have a current certificate of air
1922	worthiness issued by the Federal Aviation Administration, and is
1923	not in the process of actively being repaired.
1924	(2)  The director or the director's designee shall contact
1925	the Federal Aviation Administration, Aircraft Registration
1926	Branch, to determine the name and address of the last registered
1927	owner of the aircraft and shall make a diligent personal search
1928	of the appropriate records, or contact an aircraft title search
1929	company, to determine the name and address of any person having
1930	an equitable or legal interest in the aircraft. Within 10
1931	business days after receipt of the information, the director or
1932	the director's designee shall notify the owner and all persons
1933	having an equitable or legal interest in the aircraft by
1934	certified mail, return receipt requested, of the location of the
1935	derelict or abandoned aircraft on the airport premises, that
1936	fees and charges for the use of the airport by the aircraft have
1937	accrued and the amount thereof, that the aircraft is subject to
1938	a lien under subsection (5) for the accrued fees and charges for
1939	the use of the airport and for the transportation, storage, and
1940	removal of the aircraft, that the lien is subject to enforcement
1941	pursuant to law, and that the airport may cause the use, trade,
1942	sale, or removal of the aircraft as described in s.
1943	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
1944	after the date of receipt of such notice, the aircraft has not
1945	been removed from the airport upon payment in full of all
1946	accrued fees and charges for the use of the airport and for the
1947	transportation, storage, and removal of the aircraft. Such
1948	notice may require removal of the aircraft in less than 30
1949	calendar days if the aircraft poses a danger to the health or
1950	safety of users of the airport, as determined by the director or
1951	the director's designee.
1952	(3)  If the owner of the aircraft is unknown or cannot be
1953	found, the director or the director's designee shall cause a
1954	laminated notice to be placed upon such aircraft in
1955	substantially the following form:
1956
1957	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1958	PROPERTY.  This property, to wit:  (setting forth brief
1959	description) is unlawfully upon public property known as
1960	(setting forth brief description of location) and has accrued
1961	fees and charges for the use of the (same description of
1962	location as above) and for the transportation, storage, and
1963	removal of the property. These accrued fees and charges must be
1964	paid in full and the property must be removed within 30 calendar
1965	days after the date of this notice; otherwise, the property will
1966	be removed and disposed of pursuant to chapter 705, Florida
1967	Statutes. The property is subject to a lien for all accrued fees
1968	and charges for the use of the public property known as (same
1969	description of location as above) by such property and for all
1970	fees and charges incurred by the public property known as (same
1971	description of location as above) for the transportation,
1972	storage, and removal of the property. This lien is subject to
1973	enforcement pursuant to law. The owner will be liable for such
1974	fees and charges, as well as the cost for publication of this
1975	notice. Dated this:  (setting forth the date of posting of
1976	notice), signed:  (setting forth name, title, address, and
1977	telephone number of law enforcement officer).
1978
1979	Such notice shall be not less than 8 inches by 10 inches and
1980	shall be sufficiently weatherproof to withstand normal exposure
1981	to the weather. If, at the end of 30 calendar days after posting
1982	the notice, the owner or any person interested in the described
1983	derelict or abandoned aircraft has not removed the aircraft from
1984	the airport upon payment in full of all accrued fees and charges
1985	for the use of the airport and for the transportation, storage,
1986	and removal of the aircraft, or shown reasonable cause for
1987	failure to do so, the director or the director's designee may
1988	cause the use, trade, sale, or removal of the aircraft as
1989	described in s. 705.182(2)(a), (b), (d), or (e).
1990	(4)  Such aircraft shall be removed within the time period
1991	specified in the notice provided under subsection (2) or
1992	subsection (3). If, at the end of such period of time, the owner
1993	or any person interested in the described derelict or abandoned
1994	aircraft has not removed the aircraft from the airport upon
1995	payment in full of all accrued fees and charges for the use of
1996	the airport and for the transportation, storage, and removal of
1997	the aircraft, or shown reasonable cause for the failure to do
1998	so, the director or the director's designee may cause the use,
1999	trade, sale, or removal of the aircraft as described in s.
2000	705.182(2)(a), (b), (d), or (e).
2001	(a)  If the airport elects to sell the aircraft in
2002	accordance with s. 705.182(2)(d), the aircraft must be sold at
2003	public auction after giving notice of the time and place of
2004	sale, at least 10 calendar days prior to the date of sale, in a
2005	publication of general circulation within the county where the
2006	airport is located and after providing written notice of the
2007	intended sale to all parties known to have an interest in the
2008	aircraft.
2009	(b)  If the airport elects to dispose of the aircraft in
2010	accordance with s. 705.182(2)(e), the airport shall be entitled
2011	to negotiate with the company for a price to be received from
2012	such company in payment for the aircraft, or, if circumstances
2013	so warrant, a price to be paid to such company by the airport
2014	for the costs of disposing of the aircraft. All information
2015	pertaining to the establishment of such price and the
2016	justification for the amount of such price shall be prepared and
2017	maintained by the airport, and such negotiated price shall be
2018	deemed to be a commercially reasonable price.
2019	(c)  If the sale price or the negotiated price is less than
2020	the airport's then current charges and costs against the
2021	aircraft, or if the airport is required to pay the salvage
2022	company for its services, the owner of the aircraft shall remain
2023	liable to the airport for the airport's costs that are not
2024	offset by the sale price or negotiated price, in addition to the
2025	owner's liability for payment to the airport of the price the
2026	airport was required to pay any salvage company. All costs
2027	incurred by the airport in the removal, storage, and sale of any
2028	aircraft shall be recoverable against the owner thereof.
2029	(5)  The airport shall have a lien on a derelict or
2030	abandoned aircraft for all fees and charges for the use of the
2031	airport by such aircraft and for all fees and charges incurred
2032	by the airport for the transportation, storage, and removal of
2033	the aircraft. As a prerequisite to perfecting a lien under this
2034	section, the airport director or the director's designee must
2035	serve a notice in accordance with subsection (2) on the last
2036	registered owner and all persons having an equitable or legal
2037	interest in the aircraft. Serving the notice does not dispense
2038	with recording the claim of lien.
2039	(6)(a)  For the purpose of perfecting its lien under this
2040	section, the airport shall record a claim of lien which shall
2041	state:
2042	1.  The name and address of the airport.
2043	2.  The name of the last registered owner of the aircraft
2044	and all persons having a legal or equitable interest in the
2045	aircraft.
2046	3.  The fees and charges incurred by the aircraft for the
2047	use of the airport and the fees and charges for the
2048	transportation, storage, and removal of the aircraft.
2049	4.  A description of the aircraft sufficient for
2050	identification.
2051	(b)  The claim of lien shall be signed and sworn to or
2052	affirmed by the airport director or the director's designee.
2053	(c)  The claim of lien shall be sufficient if it is in
2054	substantially the following form:
2055
2056	CLAIM OF LIEN
2057	State of ______
2058	County of ______
2059	Before me, the undersigned notary public, personally appeared
2060	______, who was duly sworn and says that he/she is the
2061	________of ________, whose address is________; and that the
2062	following described aircraft:
2063	(Description of aircraft)
2064	owned by __________, whose address is ____________, has accrued
2065	$___________in fees and charges for the use by the aircraft of
2066	______________ and for the transportation, storage, and removal
2067	of the aircraft from _______________; that the lienor served its
2068	notice to the last registered owner and all persons having a
2069	legal or equitable interest in the aircraft on ____, (year),
2070	by________.
2071	(Signature)
2072	Sworn to (or affirmed) and subscribed before me this _____day
2073	of___, (year), by (name of person making statement).
2074	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
2075	name of Notary Public)
2076	Personally Known___OR Produced_____as identification.
2077
2078	However, the negligent inclusion or omission of any information
2079	in this claim of lien which does not prejudice the last
2080	registered owner does not constitute a default that operates to
2081	defeat an otherwise valid lien.
2082	(d)  The claim of lien shall be served on the last
2083	registered owner of the aircraft and all persons having an
2084	equitable or legal interest in the aircraft. The claim of lien
2085	shall be so served before recordation.
2086	(e)  The claim of lien shall be recorded with the clerk of
2087	court in the county where the airport is located. The recording
2088	of the claim of lien shall be constructive notice to all persons
2089	of the contents and effect of such claim. The lien shall attach
2090	at the time of recordation and shall take priority as of that
2091	time.
2092	(7)  A purchaser or recipient in good faith of an aircraft
2093	sold or obtained under this section takes the property free of
2094	the rights of persons then holding any legal or equitable
2095	interest thereto, whether or not recorded. The purchaser or
2096	recipient is required to notify the appropriate Federal Aviation
2097	Administration office of such change in the registered owner of
2098	the aircraft.
2099	(8)  If the aircraft is sold at public sale, the airport
2100	shall deduct from the proceeds of sale the costs of
2101	transportation, storage, publication of notice, and all other
2102	costs reasonably incurred by the airport, and any balance of the
2103	proceeds shall be deposited into an interest-bearing account not
2104	later than 30 calendar days after the airport's receipt of the
2105	proceeds and held there for 1 year. The rightful owner of the
2106	aircraft may claim the balance of the proceeds within 1 year
2107	after the date of the deposit by making application to the
2108	airport and presenting acceptable written evidence of ownership
2109	to the airport's director or the director's designee. If no
2110	rightful owner claims the proceeds within the 1-year time
2111	period, the balance of the proceeds shall be retained by the
2112	airport to be used in any manner authorized by law.
2113	(9)  Any person acquiring a legal interest in an aircraft
2114	that is sold by an airport under this section or s. 705.182
2115	shall be the lawful owner of such aircraft and all other legal
2116	or equitable interests in such aircraft shall be divested and of
2117	no further force and effect, provided that the holder of any
2118	such legal or equitable interests was notified of the intended
2119	disposal of the aircraft to the extent required in this section.
2120	The airport may issue documents of disposition to the purchaser
2121	or recipient of an aircraft disposed of under this section.
2122	Section 41.  Section 705.184, Florida Statutes, is created
2123	to read:
2124	705.184  Derelict or abandoned motor vehicles on the
2125	premises of public-use airports.--
2126	(1)(a)  Whenever any derelict or abandoned motor vehicle is
2127	found on premises owned or controlled by the operator of a
2128	public-use airport, including airport premises leased to a third
2129	party, the director of the airport or the director's designee
2130	may take charge thereof and make a record of the date such motor
2131	vehicle was found.
2132	(b)  For purposes of this section, the term:
2133	1.  "Abandoned motor vehicle" means a motor vehicle that
2134	has been disposed of on a public-use airport in a wrecked,
2135	inoperative, or partially dismantled condition or a motor
2136	vehicle that has remained in an idle state on the premises of a
2137	public-use airport for 45 consecutive calendar days.
2138	2.  "Derelict motor vehicle" means any motor vehicle that
2139	is not in a drivable condition.
2140	(c)  After the information relating to the abandoned or
2141	derelict motor vehicle is recorded in the airport's records, the
2142	director or the director's designee may cause the motor vehicle
2143	to be removed from airport premises by the airport's wrecker or
2144	by a licensed independent wrecker company to be stored at a
2145	suitable location on or off the airport premises. If the motor
2146	vehicle is to be removed from airport premises by the airport's
2147	wrecker, the airport must follow the procedures in subsections
2148	(2)-(8). The procedures in subsections (2)-(8) do not apply if
2149	the motor vehicle is removed from the airport premises by a
2150	licensed independent wrecker company.
2151	(2)  The airport director or the director's designee shall
2152	contact the Department of Highway Safety and Motor Vehicles to
2153	notify that department that the airport has possession of the
2154	abandoned or derelict motor vehicle and to determine the name
2155	and address of the owner of the motor vehicle, the insurance
2156	company insuring the motor vehicle notwithstanding the
2157	provisions of s. 627.736, and any person who has filed a lien on
2158	the motor vehicle. Within 7 business days after receipt of the
2159	information, the director or the director's designee shall send
2160	notice by certified mail, return receipt requested, to the owner
2161	of the motor vehicle, the insurance company insuring the motor
2162	vehicle notwithstanding the provisions of s. 627.736, and all
2163	persons of record claiming a lien against the motor vehicle. The
2164	notice shall state the fact of possession of the motor vehicle,
2165	that charges for reasonable towing, storage, and parking fees,
2166	if any, have accrued and the amount thereof, that a lien as
2167	provided in subsection (6) will be claimed, that the lien is
2168	subject to enforcement pursuant to law, that the owner or
2169	lienholder, if any, has the right to a hearing as set forth in
2170	subsection (4), and that any motor vehicle which, at the end of
2171	30 calendar days after receipt of the notice, has not been
2172	removed from the airport upon payment in full of all accrued
2173	charges for reasonable towing, storage, and parking fees, if
2174	any, may be disposed of as provided in s. 705.182(2)(a), (b),
2175	(d), or (e), including, but not limited to, the motor vehicle
2176	being sold free of all prior liens after 35 calendar days after
2177	the time the motor vehicle is stored if any prior liens on the
2178	motor vehicle are more than 5 years of age or after 50 calendar
2179	days after the time the motor vehicle is stored if any prior
2180	liens on the motor vehicle are 5 years of age or less.
2181	(3)  If attempts to notify the owner or lienholder pursuant
2182	to subsection (2) are not successful, the requirement of notice
2183	by mail shall be considered met and the director or the
2184	director's designee, in accordance with subsection (5), may
2185	cause the motor vehicle to be disposed of as provided in s.
2186	705.182(2)(a), (b), (d), or (e), including, but not limited to,
2187	the motor vehicle being sold free of all prior liens after 35
2188	calendar days after the time the motor vehicle is stored if any
2189	prior liens on the motor vehicle are more than 5 years of age or
2190	after 50 calendar days after the time the motor vehicle is
2191	stored if any prior liens on the motor vehicle are 5 years of
2192	age or less.
2193	(4)(a)  The owner of, or any person with a lien on, a motor
2194	vehicle removed pursuant to subsection (1), may, within 10
2195	calendar days after the time he or she has knowledge of the
2196	location of the motor vehicle, file a complaint in the county
2197	court of the county in which the motor vehicle is stored to
2198	determine if his or her property was wrongfully taken or
2199	withheld.
2200	(b)  Upon filing a complaint, an owner or lienholder may
2201	have his or her motor vehicle released upon posting with the
2202	court a cash or surety bond or other adequate security equal to
2203	the amount of the fees for towing, storage, and accrued parking,
2204	if any, to ensure the payment of such fees in the event he or
2205	she does not prevail. Upon the posting of the bond or other
2206	adequate security and the payment of any applicable fee, the
2207	clerk of the court shall issue a certificate notifying the
2208	airport of the posting of the bond or other adequate security
2209	and directing the airport to release the motor vehicle. At the
2210	time of such release, after reasonable inspection, the owner or
2211	lienholder shall give a receipt to the airport reciting any
2212	claims he or she has for loss or damage to the motor vehicle or
2213	the contents thereof.
2214	(5)  If, after 30 calendar days after receipt of the
2215	notice, the owner or any person claiming a lien has not removed
2216	the motor vehicle from its storage location upon payment in full
2217	of all accrued charges for reasonable towing, storage, and
2218	parking fees, if any, or shown reasonable cause for the failure
2219	to do so, the airport director or the director's designee may
2220	dispose of the motor vehicle as provided in s. 705.182(2)(a),
2221	(b), (d), or (e). If the airport elects to sell the motor
2222	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2223	sold free of all prior liens after 35 calendar days after the
2224	time the motor vehicle is stored if any prior liens on the motor
2225	vehicle are more than 5 years of age or after 50 calendar days
2226	after the time the motor vehicle is stored if any prior liens on
2227	the motor vehicle are 5 years of age or less. The sale shall be
2228	a public auction either on the Internet or at a specified
2229	physical location. If the date of the sale was not included in
2230	the notice required in subsection (2), notice of the sale, sent
2231	by certified mail, return receipt requested, shall be given to
2232	the owner of the motor vehicle and to all persons claiming a
2233	lien on the motor vehicle. Such notice shall be mailed not less
2234	than 10 calendar days before the date of the sale. In addition
2235	to the notice by mail, public notice of the time and place of
2236	the sale at auction shall be made by publishing a notice thereof
2237	one time, at least 10 calendar days prior to the date of sale,
2238	in a newspaper of general circulation in the county in which the
2239	sale is to be held. All costs incurred by the airport for the
2240	towing, storage, and sale of the motor vehicle, as well as all
2241	accrued parking fees, if any, shall be recovered by the airport
2242	from the proceeds of the sale, and any proceeds of the sale in
2243	excess of such costs shall be retained by the airport for use by
2244	the airport in any manner authorized by law.
2245	(6)  The airport pursuant to this section or, if used, a
2246	licensed independent wrecker company pursuant to s. 713.78 shall
2247	have a lien on an abandoned or derelict motor vehicle for all
2248	reasonable towing, storage, and accrued parking fees, if any,
2249	except that no storage fee shall be charged if the motor vehicle
2250	is stored less than 6 hours. As a prerequisite to perfecting a
2251	lien under this section, the airport director or the director's
2252	designee must serve a notice in accordance with subsection (2)
2253	on the owner of the motor vehicle, the insurance company
2254	insuring the motor vehicle notwithstanding the provisions of s.
2255	627.736, and all persons of record claiming a lien against the
2256	motor vehicle. If attempts to notify the owner, the insurance
2257	company insuring the motor vehicle notwithstanding the
2258	provisions of s. 627.736, or lienholders are not successful, the
2259	requirement of notice by mail shall be considered met. Serving
2260	of the notice does not dispense with recording the claim of
2261	lien.
2262	(7)(a)  For the purpose of perfecting its lien under this
2263	section, the airport shall record a claim of lien which shall
2264	state:
2265	1.  The name and address of the airport.
2266	2.  The name of the owner of the motor vehicle, the
2267	insurance company insuring the motor vehicle notwithstanding the
2268	provisions of s. 627.736, and all persons of record claiming a
2269	lien against the motor vehicle.
2270	3.  The costs incurred from reasonable towing, storage, and
2271	parking fees, if any.
2272	4.  A description of the motor vehicle sufficient for
2273	identification.
2274	(b)  The claim of lien shall be signed and sworn to or
2275	affirmed by the airport director or the director's designee.
2276	(c)  The claim of lien shall be sufficient if it is in
2277	substantially the following form:
2278
2279	CLAIM OF LIEN
2280	State of ______
2281	County of ______
2282	Before me, the undersigned notary public, personally appeared
2283	______, who was duly sworn and says that he/she is the
2284	________of _____________, whose address is________; and that the
2285	following described motor vehicle:
2286	(Description of motor vehicle)
2287	owned by __________, whose address is ____________, has accrued
2288	$___________in fees for a reasonable tow, for storage, and for
2289	parking, if applicable; that the lienor served its notice to the
2290	owner, the insurance company insuring the motor vehicle
2291	notwithstanding the provisions of s. 627.736, Florida Statutes,
2292	and all persons of record claiming a lien against the motor
2293	vehicle on ____, (year), by________.
2294	(Signature)
2295	Sworn to (or affirmed) and subscribed before me this _____day
2296	of___, (year), by (name of person making statement).
2297	(Signature of Notary Public)(Print, Type, or Stamp Commissioned
2298	name of Notary Public)
2299	Personally Known___OR Produced_____as identification.
2300
2301	However, the negligent inclusion or omission of any information
2302	in this claim of lien which does not prejudice the owner does
2303	not constitute a default that operates to defeat an otherwise
2304	valid lien.
2305	(d)  The claim of lien shall be served on the owner of the
2306	motor vehicle, the insurance company insuring the motor vehicle
2307	notwithstanding the provisions of s. 627.736, and all persons of
2308	record claiming a lien against the motor vehicle. If attempts to
2309	notify the owner, the insurance company insuring the motor
2310	vehicle notwithstanding the provisions of s. 627.736, or
2311	lienholders are not successful, the requirement of notice by
2312	mail shall be considered met. The claim of lien shall be so
2313	served before recordation.
2314	(e)  The claim of lien shall be recorded with the clerk of
2315	court in the county where the airport is located. The recording
2316	of the claim of lien shall be constructive notice to all persons
2317	of the contents and effect of such claim. The lien shall attach
2318	at the time of recordation and shall take priority as of that
2319	time.
2320	(8)  A purchaser or recipient in good faith of a motor
2321	vehicle sold or obtained under this section takes the property
2322	free of the rights of persons then holding any legal or
2323	equitable interest thereto, whether or not recorded.
2324	Section 42.  Subsection (3) of section 288.063, Florida
2325	Statutes, is amended to read:
2326	288.063  Contracts for transportation projects.--
2327	(3)  With respect to any contract executed pursuant to this
2328	section, the term "transportation project" means a
2329	transportation facility as defined in s. 334.03(28)(31) which is
2330	necessary in the judgment of the Office of Tourism, Trade, and
2331	Economic Development to facilitate the economic development and
2332	growth of the state. Except for applications received prior to
2333	July 1, 1996, such transportation projects shall be approved
2334	only as a consideration to attract new employment opportunities
2335	to the state or expand or retain employment in existing
2336	companies operating within the state, or to allow for the
2337	construction or expansion of a state or federal correctional
2338	facility in a county with a population of 75,000 or less that
2339	creates new employment opportunities or expands or retains
2340	employment in the county. The Office of Tourism, Trade, and
2341	Economic Development shall institute procedures to ensure that
2342	small and minority businesses have equal access to funding
2343	provided under this section. Funding for approved transportation
2344	projects may include any expenses, other than administrative
2345	costs and equipment purchases specified in the contract,
2346	necessary for new, or improvement to existing, transportation
2347	facilities. Funds made available pursuant to this section may
2348	not be expended in connection with the relocation of a business
2349	from one community to another community in this state unless the
2350	Office of Tourism, Trade, and Economic Development determines
2351	that without such relocation the business will move outside this
2352	state or determines that the business has a compelling economic
2353	rationale for the relocation which creates additional jobs.
2354	Subject to appropriation for projects under this section, any
2355	appropriation greater than $10 million shall be allocated to
2356	each of the districts of the Department of Transportation to
2357	ensure equitable geographical distribution. Such allocated funds
2358	that remain uncommitted by the third quarter of the fiscal year
2359	shall be reallocated among the districts based on pending
2360	project requests.
2361	Section 43.  Paragraph (b) of subsection (3) of section
2362	311.07, Florida Statutes, is amended to read:
2363	311.07  Florida seaport transportation and economic
2364	development funding.--
2365	(3)
2366	(b)  Projects eligible for funding by grants under the
2367	program are limited to the following port facilities or port
2368	transportation projects:
2369	1.  Transportation facilities within the jurisdiction of
2370	the port.
2371	2.  The dredging or deepening of channels, turning basins,
2372	or harbors.
2373	3.  The construction or rehabilitation of wharves, docks,
2374	structures, jetties, piers, storage facilities, cruise
2375	terminals, automated people mover systems, or any facilities
2376	necessary or useful in connection with any of the foregoing.
2377	4.  The acquisition of vessel tracking systems, container
2378	cranes, or other mechanized equipment used in the movement of
2379	cargo or passengers in international commerce.
2380	5.  The acquisition of land to be used for port purposes.
2381	6.  The acquisition, improvement, enlargement, or extension
2382	of existing port facilities.
2383	7.  Environmental protection projects which are necessary
2384	because of requirements imposed by a state agency as a condition
2385	of a permit or other form of state approval; which are necessary
2386	for environmental mitigation required as a condition of a state,
2387	federal, or local environmental permit; which are necessary for
2388	the acquisition of spoil disposal sites and improvements to
2389	existing and future spoil sites; or which result from the
2390	funding of eligible projects listed in this paragraph.
2391	8.  Transportation facilities as defined in s.
2392	334.03(28)(31) which are not otherwise part of the Department of
2393	Transportation's adopted work program.
2394	9.  Seaport intermodal access projects identified in the 5-
2395	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2396	10.  Construction or rehabilitation of port facilities as
2397	defined in s. 315.02, excluding any park or recreational
2398	facilities, in ports listed in s. 311.09(1) with operating
2399	revenues of $5 million or less, provided that such projects
2400	create economic development opportunities, capital improvements,
2401	and positive financial returns to such ports.
2402	Section 44.  Subsection (7) of section 311.09, Florida
2403	Statutes, is amended to read:
2404	311.09  Florida Seaport Transportation and Economic
2405	Development Council.--
2406	(7)  The Department of Transportation shall review the list
2407	of projects approved by the council for consistency with the
2408	Florida Transportation Plan and the department's adopted work
2409	program. In evaluating the consistency of a project, the
2410	department shall determine whether the transportation impact of
2411	the proposed project is adequately handled by existing state-
2412	owned transportation facilities or by the construction of
2413	additional state-owned transportation facilities as identified
2414	in the Florida Transportation Plan and the department's adopted
2415	work program. In reviewing for consistency a transportation
2416	facility project as defined in s. 334.03(28)(31) which is not
2417	otherwise part of the department's work program, the department
2418	shall evaluate whether the project is needed to provide for
2419	projected movement of cargo or passengers from the port to a
2420	state transportation facility or local road. If the project is
2421	needed to provide for projected movement of cargo or passengers,
2422	the project shall be approved for consistency as a consideration
2423	to facilitate the economic development and growth of the state
2424	in a timely manner. The Department of Transportation shall
2425	identify those projects which are inconsistent with the Florida
2426	Transportation Plan and the adopted work program and shall
2427	notify the council of projects found to be inconsistent.
2428	Section 45.  Section 316.2122, Florida Statutes, is amended
2429	to read:
2430	316.2122  Operation of a low-speed vehicle on certain
2431	roadways.--The operation of a low-speed vehicle, as defined in
2432	s. 320.01(42), on any road under the jurisdiction of a county or
2433	municipality or on an urban minor arterial road under the
2434	jurisdiction of the Department of Transportation as defined in
2435	s. 334.03(15) or (33), is authorized with the following
2436	restrictions:
2437	(1)  A low-speed vehicle may be operated only on streets
2438	where the posted speed limit is 35 miles per hour or less. This
2439	does not prohibit a low-speed vehicle from crossing a road or
2440	street at an intersection where the road or street has a posted
2441	speed limit of more than 35 miles per hour.
2442	(2)  A low-speed vehicle must be equipped with headlamps,
2443	stop lamps, turn signal lamps, taillamps, reflex reflectors,
2444	parking brakes, rearview mirrors, windshields, seat belts, and
2445	vehicle identification numbers.
2446	(3)  A low-speed vehicle must be registered and insured in
2447	accordance with s. 320.02.
2448	(4)  Any person operating a low-speed vehicle must have in
2449	his or her possession a valid driver's license.
2450	(5)  A county or municipality may prohibit the operation of
2451	low-speed vehicles on any road under its jurisdiction if the
2452	governing body of the county or municipality determines that
2453	such prohibition is necessary in the interest of safety.
2454	(6)  The Department of Transportation may prohibit the
2455	operation of low-speed vehicles on any road under its
2456	jurisdiction if it determines that such prohibition is necessary
2457	in the interest of safety.
2458	Section 46.  Paragraph (c) of subsection (5) of section
2459	316.515, Florida Statutes, is amended to read:
2460	316.515  Maximum width, height, length.--
2461	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2462	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
2463	REQUIREMENTS.--
2464	(c)  The width and height limitations of this section do
2465	not apply to farming or agricultural equipment, whether self-
2466	propelled, pulled, or hauled, when temporarily operated during
2467	daylight hours upon a public road that is not a limited access
2468	facility as defined in s. 334.03(11)(13), and the width and
2469	height limitations may be exceeded by such equipment without a
2470	permit. To be eligible for this exemption, the equipment shall
2471	be operated within a radius of 50 miles of the real property
2472	owned, rented, or leased by the equipment owner. However,
2473	equipment being delivered by a dealer to a purchaser is not
2474	subject to the 50-mile limitation. Farming or agricultural
2475	equipment greater than 174 inches in width must have one warning
2476	lamp mounted on each side of the equipment to denote the width
2477	and must have a slow-moving vehicle sign. Warning lamps required
2478	by this paragraph must be visible from the front and rear of the
2479	vehicle and must be visible from a distance of at least 1,000
2480	feet.
2481	Section 47.  Paragraph (b) of subsection (7) of section
2482	332.14, Florida Statutes, is amended to read:
2483	332.14  Secure Airports for Florida's Economy Council.--
2484	(7)  The SAFE council may utilize, as appropriate and with
2485	legislative spending authorization, any federal, state, and
2486	local government contributions as well as private donations to
2487	fund SAFE Master Plan projects.
2488	(b)  The council shall review and approve or disapprove
2489	each project eligible to be funded pursuant to this act. The
2490	council shall annually submit a list of projects which have been
2491	approved by the council to the Secretary of Transportation, the
2492	Secretary of Community Affairs, the executive director of the
2493	Department of Law Enforcement, and the director of the Office of
2494	Tourism, Trade, and Economic Development. The list shall specify
2495	the recommended funding level for each project, and, if staged
2496	implementation of the project is appropriate, the funding
2497	requirements for each stage shall be specified.
2498	1.  The Department of Community Affairs shall review the
2499	list of projects approved by the council to determine
2500	consistency with approved local government comprehensive plans
2501	of the units of local government in which the airport is located
2502	and consistency with the airport master plan. The Department of
2503	Community Affairs shall identify and notify the council of those
2504	projects which are not consistent, to the maximum extent
2505	feasible, with such comprehensive plans and airport master
2506	plans.
2507	2.  The Department of Transportation shall review the list
2508	of projects approved by the council for consistency with the
2509	Florida Transportation Plan and the department's adopted work
2510	program. In evaluating the consistency of a project, the
2511	department shall determine whether the transportation impact of
2512	the proposed project is adequately handled by existing state-
2513	owned transportation facilities or by the construction of
2514	additional state-owned transportation facilities as identified
2515	in the Florida Transportation Plan and the department's adopted
2516	work program. In reviewing for consistency a transportation
2517	facility project as defined in s. 334.03(28)(31) which is not
2518	otherwise part of the department's work program, the department
2519	shall evaluate whether the project is needed to provide for
2520	projected movement of cargo or passengers from the airport to a
2521	state transportation facility or local road. If the project is
2522	needed to provide for projected movement of cargo or passengers,
2523	the project shall be approved for consistency as a consideration
2524	to facilitate the economic development and growth of the state
2525	in a timely manner. The department shall identify those projects
2526	which are inconsistent with the Florida Transportation Plan and
2527	the adopted work program and shall notify the council of
2528	projects found to be inconsistent.
2529	3.  The Office of Tourism, Trade, and Economic Development,
2530	in consultation with Enterprise Florida, Inc., shall review the
2531	list of projects approved by the council to evaluate the
2532	economic benefit of the project and to determine whether the
2533	project is consistent with the SAFE Master Plan. The Office of
2534	Tourism, Trade, and Economic Development shall review the
2535	economic benefits of each project based upon the rules adopted
2536	pursuant to paragraph (a). The Office of Tourism, Trade, and
2537	Economic Development shall identify those projects which it has
2538	determined do not offer an economic benefit to the state or are
2539	not consistent with the SAFE Master Plan and shall notify the
2540	council of its findings.
2541	4.  The Department of Law Enforcement shall review the list
2542	of projects approved by the council for consistency with
2543	domestic security provisions of ss. 943.03101, 943.0311, and
2544	943.0312. The Department of Law Enforcement shall identify those
2545	projects that it has determined are inconsistent with the
2546	state's strategic plan for domestic security and shall notify
2547	the council of its findings.
2548	Section 48.  Section 336.01, Florida Statutes, is amended
2549	to read:
2550	336.01  Designation of county road system.--The county road
2551	system shall be as defined in s. 334.03(6)(8).
2552	Section 49.  Subsection (2) of section 338.222, Florida
2553	Statutes, is amended to read:
2554	338.222  Department of Transportation sole governmental
2555	entity to acquire, construct, or operate turnpike projects;
2556	exception.--
2557	(2)  The department may contract with any local
2558	governmental entity as defined in s. 334.03(12)(14) for the
2559	design, right-of-way acquisition, or construction of any
2560	turnpike project which the Legislature has approved. Local
2561	governmental entities may negotiate with the department for the
2562	design, right-of-way acquisition, and construction of any
2563	section of the turnpike project within areas of their respective
2564	jurisdictions or within counties with which they have interlocal
2565	agreements.
2566	Section 50.  Paragraph (a) of subsection (2) of section
2567	403.7211, Florida Statutes, is amended to read:
2568	403.7211  Hazardous waste facilities managing hazardous
2569	wastes generated offsite; federal facilities managing hazardous
2570	waste.--
2571	(2)  The department shall not issue any permit under s.
2572	403.722 for the construction, initial operation, or substantial
2573	modification of a facility for the disposal, storage, or
2574	treatment of hazardous waste generated offsite which is proposed
2575	to be located in any of the following locations:
2576	(a)  Any area where life-threatening concentrations of
2577	hazardous substances could accumulate at any residence or
2578	residential subdivision as the result of a catastrophic event at
2579	the proposed facility, unless each such residence or residential
2580	subdivision is served by at least one arterial road or urban
2581	minor arterial road that, as defined in s. 334.03, which
2582	provides safe and direct egress by land to an area where such
2583	life-threatening concentrations of hazardous substances could
2584	not accumulate in a catastrophic event. Egress by any road
2585	leading from any residence or residential subdivision to any
2586	point located within 1,000 yards of the proposed facility is
2587	unsafe for the purposes of this paragraph. In determining
2588	whether egress proposed by the applicant is safe and direct, the
2589	department shall also consider, at a minimum, the following
2590	factors:
2591	1.  Natural barriers such as water bodies, and whether any
2592	road in the proposed evacuation route is impaired by a natural
2593	barrier such as a water body;
2594	2.  Potential exposure during egress and potential
2595	increases in the duration of exposure;
2596	3.  Whether any road in a proposed evacuation route passes
2597	in close proximity to the facility; and
2598	4.  Whether any portion of the evacuation route is
2599	inherently directed toward the facility.
2600
2601	For the purposes of this subsection, all distances shall be
2602	measured from the outer limit of the active hazardous waste
2603	management area. "Substantial modification" includes: any
2604	physical change in, change in the operations of, or addition to
2605	a facility which could increase the potential offsite impact, or
2606	risk of impact, from a release at that facility; and any change
2607	in permit conditions which is reasonably expected to lead to
2608	greater potential impacts or risks of impacts, from a release at
2609	that facility. "Substantial modification" does not include a
2610	change in operations, structures, or permit conditions which
2611	does not substantially increase either the potential impact
2612	from, or the risk of, a release. Physical or operational changes
2613	to a facility related solely to the management of nonhazardous
2614	waste at the facility shall not be considered a substantial
2615	modification. The department shall, by rule, adopt criteria to
2616	determine whether a facility has been substantially modified.
2617	"Initial operation" means the initial commencement of operations
2618	at the facility.
2619	Section 51.  Subsection (24) of section 479.01, Florida
2620	Statutes, is amended to read:
2621	479.01  Definitions.--As used in this chapter, the term:
2622	(24)  "Urban area" has the same meaning as defined in s.
2623	334.03(29)(32).
2624	Section 52.  Ronshay Dugans Act.--The first week of
2625	September is designated as "Drowsy Driving Prevention Week" in
2626	this state. During Drowsy Driving Prevention  Week, the
2627	Department of Highway Safety and Motor Vehicles and the
2628	Department of Transportation are encouraged to educate the law
2629	enforcement community and the public about the relationship
2630	between fatigue and performance and the research showing fatigue
2631	to be as much of an impairment as alcohol and as dangerous
2632	behind the wheel. This section may be cited as the "Ronshay
2633	Dugans Act."
2634	Section 53.  (1)  The Northwest Florida Regional
2635	Transportation Planning Organization, an interlocal agency under
2636	part I of chapter 163, Florida Statutes, is authorized to study
2637	the feasibility of advance-funding the costs of capacity
2638	projects in its member counties and making recommendations to
2639	the Legislature by February 1, 2010. The Department of
2640	Transportation may assist the organization in conducting the
2641	study.
2642	(2)  Results of any study authorized by this section shall
2643	be provided to the Governor, the President of the Senate, the
2644	Speaker of the House of Representatives, the department, any
2645	metropolitan planning organization in any county served by the
2646	organization, and the counties served by the organization and
2647	shall discuss the financial feasibility of advance-funding the
2648	costs of capacity projects in the Northwest Florida Regional
2649	Transportation Planning Organization's member counties. The
2650	study must be based on the following assumptions:
2651	(a)  Any advanced projects must be consistent with the
2652	Northwest Florida Regional Transportation Planning
2653	Organization's 5-year plan and the department's work program.
2654	(b)  Any bonds shall have a maturity not to exceed 30
2655	years.
2656	(c)  A maximum of 25 percent of the department's capacity
2657	funds allocated annually to the counties served by the Northwest
2658	Florida Regional Transportation Planning Organization may be
2659	used to pay debt service on the bonds.
2660	(d)  Bond proceeds may only be used for the following
2661	components of a construction project on a state road: planning,
2662	engineering, design, right-of-way acquisition, and construction.
2663	(e)  The cost of the projects must be balanced with the
2664	proceeds available from the bonds.
2665	(f)  The department shall have final approval of the
2666	projects financed through the sale of bonds.
2667	(3)  The study shall contain:
2668	(a)  An analysis of the financial feasibility of advancing
2669	capacity projects in the Northwest Florida Regional
2670	Transportation Planning Organization's member counties.
2671	(b)  A long-range, cost-feasible finance plan that
2672	identifies the project cost, revenues by source, financing,
2673	major assumptions, and a total cash flow analysis beginning with
2674	implementation of the project and extending through final
2675	completion of the project.
2676	(c)  A tentative list of capacity projects and the priority
2677	in which they would be advanced. These projects must be
2678	consistent with the criteria in s. 339.135(2)(b), Florida
2679	Statutes.
2680	(d)  A 5-year work program of the projects to be advanced.
2681	This program must be consistent with chapter 339, Florida
2682	Statutes.
2683	(e)  A report of any statutory changes, including a draft
2684	bill, needed to give the Northwest Florida Regional
2685	Transportation Planning Organization the ability to advance
2686	construction projects. The draft bill language shall address, at
2687	a minimum:
2688	1.  Developing a list of road projects to be advanced,
2689	consistent with the organization's 5-year plan.
2690	2.  Giving the department the authority to review projects
2691	to determine consistency with its current work program.
2692	3.  Giving the organization the authority to issue bonds
2693	with a maturity of not greater than 30 years.
2694	4.  Requiring proceeds of the bonds to be delivered to the
2695	department to pay the cost of completing the projects.
2696	5.  Requiring the road projects to be consistent with the
2697	organization's 5-year plan.
2698	6.  Permitting any participating county to elect to
2699	undertake responsibility for the payment of a portion of the
2700	cost of any project in the county pursuant to an agreement with
2701	the organization and the department.
2702	7.  Providing that, in each year that the bonds are
2703	outstanding, no more than 25 percent of the state transportation
2704	funds appropriated for capacity projects advanced pursuant to
2705	the terms of this section and within the area of operation of
2706	the organization shall be paid over to the organization for the
2707	purpose of paying debt service on bonds the organization issued
2708	for such capacity projects. Such payments shall be made in lieu
2709	of programming any new projects in the work program.
2710	8.  In the event that the capacity funds allocated to the
2711	member counties of the organization are less than the amount
2712	needed to satisfy the payment requirements under the contract,
2713	the department shall defer the funded capacity on any other
2714	projects in the member counties of the organization to the
2715	extent necessary to make up such deficiency, so as to enable the
2716	organization to make the required debt service payments on the
2717	bonds or to replenish the reserves established for the bonds
2718	which may have been used to make up such deficiency. Under no
2719	circumstances shall the department provide any funds for these
2720	capacity projects in excess of the amount that would be
2721	allocated to the member counties pursuant to statutory formula
2722	and legislative appropriation.
2723	9.  Providing that the bonds shall state on their face that
2724	they do not constitute a pledge of the full faith or taxing
2725	power of the state, and no holder of any bond shall have the
2726	right to compel payment of the bonds from any funds of the
2727	state, other than amounts required to be paid to the
2728	organization under the contract. The bonds shall be limited and
2729	special obligations payable solely from the sources described
2730	herein.
2731	10.  Establishing such other terms and provisions as may be
2732	deemed reasonable and necessary to enable the organization to
2733	market the bonds at the most advantageous rates possible.
2734	(4)  The Legislature may authorize the implementation of
2735	the Northwest Florida Regional Transportation Planning
2736	Organization's study after a satisfactory showing that these
2737	prerequisites have been met and that any source of funding for
2738	any bonds to be issued has been approved by the Department of
2739	Transportation.
2740	Section 54.  The Department of Transportation shall direct
2741	a study to be conducted and funded by the authority created in
2742	chapter 349, Florida Statutes, for the purpose of recommending
2743	to the Legislature the framework for a regional transportation
2744	authority for the northeast region of Florida, composed of the
2745	following counties and each of the municipalities located
2746	therein: Baker, Clay, Duval, Flagler, Nassau, Putnam, and St.
2747	Johns. The study shall include, at a minimum, the existing
2748	powers and duties of the authority, as well as the additional
2749	powers and duties necessary for the agency to plan, design,
2750	finance, construct, operate, and maintain transportation
2751	facilities providing a safe, adequate, and efficient surface
2752	transportation network for the region, consistent with the
2753	statewide transportation network. In addition, the study shall
2754	address agency revenue sources, governance, coordination of work
2755	plans, and coordination with local comprehensive plans for all
2756	transportation facilities of the agency. Recommendations shall
2757	be delivered to the President of the Senate and Speaker of the
2758	House of Representatives no later than February 1, 2010.
2759	Section 55.  Florida Transportation Revenue Study
2760	Commission.--
2761	(1)  The Legislature finds and declares that the costs of
2762	preserving investments in transportation infrastructure and
2763	eliminating or reducing congestion in the movement of people and
2764	goods is expected to substantially increase, and those costs
2765	will have a commensurate effect on the state's economy,
2766	environment, and quality of life.
2767	(2)  The Florida Transportation Revenue Study Commission is
2768	created for the purpose of studying state, regional, and local
2769	transportation needs and developing new and innovative funding
2770	options and recommendations that address this state's future
2771	transportation needs. The commission shall submit a written
2772	report to the Legislature containing its findings and
2773	recommendations by January 1, 2011. The report presented by the
2774	commission shall, at a minimum, include findings and
2775	recommendations regarding:
2776	(a)  The stability of existing transportation revenue
2777	sources, taking into account energy-efficient vehicles, emerging
2778	technologies, alternative fuels, and other state and federal
2779	initiatives.
2780	(b)  The funding needs of state, regional, and local
2781	transportation facilities and services and the ability to
2782	address those needs.
2783	(c)  New and innovative funding options that can be used by
2784	the state, metropolitan planning organizations, local
2785	governments, and other major transportation providers to fund
2786	transportation facilities and services.
2787	(3)  The commission shall consist of 13 members. Three
2788	members shall be appointed by the Governor, three members shall
2789	be appointed by the President of the Senate, and three members
2790	shall be appointed by the Speaker of the House of
2791	Representatives. One member shall be the Secretary of
2792	Transportation, or the secretary's designee, one member shall be
2793	appointed by the Metropolitan Planning Organization Advisory
2794	Council, one member shall be appointed by the Florida
2795	Association of Counties, Inc., from among its members, and one
2796	member shall be appointed by the Florida League of Cities, Inc.,
2797	from among its members. The membership of the commission must
2798	represent transportation organizations, local governments,
2799	developers and homebuilders, the business community, the
2800	environmental community, transportation labor organizations, and
2801	other appropriate stakeholders in the transportation system. One
2802	member shall be designated by the Governor as chair of the
2803	commission. Members shall be appointed to a term that ends July
2804	1, 2011. Any vacancy that occurs on the commission shall be
2805	filled in the same manner as the original appointment. Members
2806	of the commission shall serve without compensation, but are
2807	entitled to reimbursement for per diem and travel expenses in
2808	accordance with s. 112.061, Florida Statutes, while in
2809	performance of their duties.
2810	(4)  The first meeting of the commission shall be held by
2811	October 1, 2009, and thereafter the commission shall meet at the
2812	call of the chair but not less frequently than three times per
2813	year. Each member of the commission is entitled to one vote, and
2814	actions of the commission are not binding unless taken by a
2815	majority vote of the members present. A majority of the
2816	membership constitutes a quorum at any meeting of the
2817	commission. The commission may adopt its own rules of procedure
2818	and has such other powers as are necessary to complete its
2819	responsibilities.
2820	(5)  The Center for Urban Transportation Research at the
2821	University of South Florida shall provide staff and other
2822	resources necessary to assist the commission in accomplishing
2823	its goals. All agencies under the control of the Governor are
2824	directed, and all other federal, state, and local agencies are
2825	requested, to render assistance to, and cooperate with, the
2826	commission.
2827	Section 56.  Funding for the Florida Transportation Revenue
2828	Study Commission.--The sum of $225,000 in federal metropolitan
2829	planning funds is appropriated from the State Transportation
2830	Trust Fund to the Center for Urban Transportation Research at
2831	the University of South Florida for each of the 2009-2010 and
2832	2010-2011 fiscal years for the purpose of paying the expenses of
2833	staff services and providing other related assistance to the
2834	Florida Transportation Revenue Study Commission.
2835	Section 57.  This act shall take effect July 1, 2009.
2836
2837
2838	-----------------------------------------------------
2839	T I T L E  A M E N D M E N T
2840	Remove the entire title and insert:
2841	A bill to be entitled
2842	An act relating to transportation; amending s. 163.3180,
2843	F.S., relating to transportation concurrency; providing
2844	for evaluating whether certain necessary transportation
2845	facilities will be in place or under actual construction
2846	within a required timeframe; providing that certain
2847	projects or high-performance transit systems be considered
2848	as committed facilities; revising an exception to
2849	transportation concurrency requirements to provide for
2850	hangars used for assembly and manufacture of aircraft;
2851	exempting certain housing developments from concurrency
2852	requirements; revising provisions for a development of
2853	regional impact to satisfy specified concurrency
2854	requirements by paying a proportionate-share contribution
2855	for traffic impacts; providing that the cost of certain
2856	improvements shall be credited against a development of
2857	regional impact's proportionate-share contribution;
2858	requiring local government agreements relating to funding
2859	regional transportation impacts under certain
2860	circumstances; defining the term "backlog" as it applies
2861	to the impacts of development on transportation
2862	facilities; conforming a cross-reference; amending s.
2863	212.05, F.S.; extending the time nonresident purchasers
2864	have to remove a boat from the state after purchase;
2865	providing for an extension decal to be issued by a dealer;
2866	imposing a decal cost; revising industry code
2867	designations; amending s. 212.055, F.S.; renaming the
2868	charter county transit system surtax; expanding the
2869	eligibility to levy the surtax to all charter counties;
2870	amending s. 316.1001; revising notification requirements
2871	for toll violation citations; clarifying conditions for
2872	issuance of a license plate; amending s. 316.1895, F.S.;
2873	authorizing alternative installation of Speeding Fines
2874	Doubled signs in advance of school zones; amending s.
2875	316.29545, F.S.; excluding vehicles owned or leased by
2876	private investigative services from specified provisions
2877	restricting window sunscreening when such vehicle is used
2878	in specified activities; amending s. 316.515, F.S.;
2879	revising a limitation on the length of certain trailers
2880	issued a special permit by the department to deliver
2881	manufactured buildings; amending s. 316.535, F.S.;
2882	requiring specified scale tolerances to be applied to
2883	weight limits for vehicles on highways that are not in the
2884	Interstate Highway System; amending s. 316.545, F.S.;
2885	providing for a reduction in the gross weight of certain
2886	vehicles equipped with idle-reduction technologies when
2887	calculating a penalty for exceeding maximum weight limits;
2888	requiring the operator to provide certification of the
2889	weight of the idle-reduction technology and to demonstrate
2890	or certify that the idle-reduction technology is fully
2891	functional at all times; amending s. 316.605, F.S.;
2892	removing a requirement that motorcycle license plates be
2893	affixed and displayed in such a manner that the letters
2894	and numerals are legible from left to right parallel to
2895	the ground; amending s. 318.18; deleting authorization to
2896	suspend the driver's license of persons convicted of toll
2897	violations; amending 320.03; clarifying the entities that
2898	can verify payment of a fine; amending s. 322.27;
2899	prohibiting the assignment of points against a driver's
2900	license for toll violations; amending s. 334.03, F.S.;
2901	revising definitions relating to the Florida
2902	Transportation Code; amending s. 334.044, F.S.; revising
2903	powers and duties of the Department of Transportation;
2904	removing duty to assign jurisdictional responsibility and
2905	to designate existing facilities as part of the State
2906	Highway System; revising requirements related to
2907	conservation of roadside growth; amending s. 334.047,
2908	F.S.; removing a provision prohibiting the department from
2909	establishing a maximum number of miles of urban principal
2910	arterial roads within a district or county; creating s.
2911	336.445, F.S.; authorizing counties to enter into
2912	agreements with private entities for the building,
2913	operation, ownership, or financing of toll facilities;
2914	requiring public declaration; requiring a public hearing;
2915	requiring county to make certain determinations prior to
2916	awarding a project; providing requirements for an
2917	agreement; amending s. 337.0261, F.S.; providing
2918	legislative intent recognizing that construction aggregate
2919	materials mining is an industry of critical importance and
2920	that the mining of construction aggregate materials is in
2921	the public interest; amending s. 337.401, F.S.; revising
2922	provisions for rules of the department that provide for
2923	the placement of and access to certain electrical
2924	transmission lines on the right-of-way of department-
2925	controlled roads; authorizing the rules to include that
2926	the use of the limited access right-of-way for
2927	longitudinal placement of such transmission lines is
2928	reasonable based upon consideration of certain economic
2929	and environmental factors; defining the term "base-load
2930	generating facilities"; amending s. 339.2816, F.S.,
2931	relating to the Small County Road Assistance Program;
2932	providing for resumption of certain funding for the
2933	program; revising criteria for program eligibility;
2934	revising criteria for prioritization of projects; amending
2935	s. 339.2818, F.S., relating to the Small County Outreach
2936	Program; revising the purpose of the program to include
2937	certain program types; revising eligibility and
2938	prioritization criteria; amending s. 339.64, F.S.,
2939	relating to the Strategic Intermodal System Plan; removing
2940	provisions for the Statewide Intermodal Transportation
2941	Advisory Council; amending s. 341.071, F.S.; revising
2942	requirements for a report by transit providers relating to
2943	productivity and performance measures; requiring the
2944	report to address the use and effectiveness of high-
2945	performance transit systems; amending s. 348.0003, F.S.;
2946	providing for financial disclosure for expressway,
2947	transportation, bridge, and toll authorities; amending s.
2948	348.51, F.S.; revising the definition of the terms "bonds"
2949	and "expressway system" in reference to the Tampa-
2950	Hillsborough County Expressway Authority Law; amending s.
2951	348.53, F.S.; providing that the authority is to benefit
2952	the Tampa Bay Region; providing that the purpose of the
2953	authority includes transit support facilities; amending s.
2954	348.54, F.S.; authorizing the Tampa-Hillsborough County
2955	Expressway Authority to make and issue notes, refunding
2956	bonds, and other evidences of indebtedness or obligations
2957	for specified purposes relating to the expressway system;
2958	prohibiting the authority from pledging the credit or
2959	taxing power of the state, a political subdivision, or
2960	agency; providing that the authority's obligations are not
2961	obligations of the state, a political subdivision, or an
2962	agency; providing that the state, a political subdivision,
2963	or an agency is not liable for the payment of the
2964	principal or interest on the authority's obligations;
2965	amending s. 348.545, F.S.; authorizing costs of authority
2966	improvements to be financed by bonds issued on behalf of
2967	the authority pursuant to the State Bond Act or bonds
2968	issued by the authority under specified provisions;
2969	amending s. 348.56, F.S.; authorizing bonds to be issued
2970	on behalf of the authority pursuant to the State Bond Act
2971	or issued by the authority under specified provisions;
2972	revising requirements for such bonds; requiring the bonds
2973	to be sold at public sale; authorizing the authority to
2974	negotiate the sale of bonds with underwriters under
2975	certain circumstances; amending s. 348.565, F.S.;
2976	providing that facilities of the expressway system are
2977	approved to be refinanced by the revenue bonds issued by
2978	the Division of Bond Finance of the State Board of
2979	Administration and the State Bond Act or by revenue bonds
2980	issued by the authority; providing that certain projects
2981	of the authority are approved for financing or refinancing
2982	by revenue bonds; providing an additional project type
2983	where the authority may use revenue bonds; amending s.
2984	348.57, F.S.; authorizing the authority to provide for the
2985	issuance of certain bonds for the refunding of bonds
2986	outstanding regardless of whether the bonds being refunded
2987	were issued by the authority or on behalf of the
2988	authority; amending s. 348.70, F.S.; providing that the
2989	Tampa-Hillsborough County Expressway Authority Law does
2990	not repeal, rescind, or modify any other laws; providing
2991	that such law supersedes laws that are inconsistent with
2992	the provisions of that law; amending s. 369.317, F.S.,
2993	relating to Wekiva Parkway; providing that the use of
2994	certain lands as environmental mitigation for road-
2995	construction-related impacts incurred by certain entities
2996	satisfies specified cumulative impact requirements;
2997	amending s. 380.06, F.S., relating to developments of
2998	regional impact; revising provisions for preapplication
2999	procedures for development approval; requiring the level-
3000	of-service standards in the transportation methodology
3001	applied to a development of regional impact to be the same
3002	level-of-service standards used to evaluate concurrency
3003	under specified provisions; designating parts I and II of
3004	ch. 479, F.S.; creating part III of ch. 479, F.S.;
3005	providing legislative intent; providing that the county
3006	court and circuit court have concurrent jurisdiction;
3007	requiring that all costs incurred by the department to
3008	remove signs in certain locations on the interstate
3009	highway system, the federal-aid primary highway system, or
3010	the State Highway System to be assessed and collected from
3011	certain persons under certain conditions; amending s.
3012	705.18, F.S.; removing provisions for disposal of personal
3013	property lost or abandoned at certain public-use airports;
3014	creating s. 705.182, F.S.; providing for disposal of
3015	personal property found on premises owned or controlled by
3016	the operator of a public-use airport; providing a
3017	timeframe for the property to be claimed; providing
3018	options for disposing of such personal property; providing
3019	procedures for selling abandoned personal property;
3020	providing for notice of sale; permitting airport tenants
3021	to establish lost and found procedures; providing that
3022	purchaser holds title to the property free of the rights
3023	of persons then holding any legal or equitable interest
3024	thereto; creating s. 705.183, F.S.; providing for
3025	disposition of derelict or abandoned aircraft on the
3026	premises of public-use airports; providing procedures for
3027	such disposition; requiring a record of when the aircraft
3028	is found; defining the terms "derelict aircraft" and
3029	"abandoned aircraft"; providing for notification of
3030	aircraft owner and all persons having an equitable or
3031	legal interest in the aircraft; providing for notice if
3032	the owner of the aircraft is unknown or cannot be found;
3033	providing for disposition if the aircraft is not removed
3034	upon payment of required fees; requiring any sale of the
3035	aircraft to be at a public auction; providing notice
3036	requirements for such public auction; providing procedures
3037	for disposal of the aircraft; providing for liability if
3038	charges and costs related to the disposition are more than
3039	that obtained from the sale; providing for a lien by the
3040	airport for fees and charges; providing for notice of
3041	lien; requiring the filing of a claim of lien; providing
3042	for the form of the claim of lien; providing for service
3043	of the claim of lien; providing that the purchaser of the
3044	aircraft takes the property free of rights of persons
3045	holding legal or equitable interest in the aircraft;
3046	requiring purchaser or recipient to notify the Federal
3047	Aviation Administration of change in ownership; providing
3048	for disposition of moneys received for an aircraft sold at
3049	public sale; authorizing the airport to issue documents
3050	relating to the aircraft's disposal; creating s. 705.184,
3051	F.S.; providing for disposition of derelict or abandoned
3052	motor vehicles on the premises of public-use airports;
3053	providing procedures; requiring recording of the abandoned
3054	motor vehicle; defining the terms "derelict motor vehicle"
3055	and "abandoned motor vehicle"; providing for removal of
3056	such motor vehicle from airport premises; providing for
3057	notice to the owner, the company insuring the motor
3058	vehicle, and any lienholder; providing for disposition if
3059	the motor vehicle is not removed upon payment of required
3060	fees; requiring any sale of the motor vehicle to be at a
3061	public auction; providing notice requirements for such
3062	public auction; providing procedures for disposal of the
3063	motor vehicle; providing for liability if charges and
3064	costs related to the disposition are more than that
3065	obtained from the sale; providing for a lien by the
3066	airport or a licensed independent wrecker for fees and
3067	charges; providing for notice of lien; requiring the
3068	filing of a claim of lien; providing for the form of the
3069	claim of lien; providing for service of claim of lien;
3070	providing that the purchaser of the motor vehicle takes
3071	the property free of the rights of persons holding legal
3072	or equitable interest in the motor vehicle; amending ss.
3073	288.063, 311.07, 311.09, 316.2122, 316.515, 332.14,
3074	336.01, 338.222, 403.7211, and 479.01, F.S.; correcting
3075	cross-references; conforming provisions to changes made by
3076	the act; creating the Ronshay Dugans Act; designating the
3077	first week in September as "Drowsy Driving Prevention
3078	Week"; encouraging the Department of Highway Safety and
3079	Motor Vehicles and the Department of Transportation to
3080	educate the law enforcement community and the public about
3081	the relationship between fatigue and driving performance;
3082	authorizing the Northwest Florida Regional Transportation
3083	Planning Organization to conduct a study on advancing
3084	funds for certain construction projects; authorizing the
3085	Department of Transportation to assist with the study;
3086	requiring results of the study to be provided to the
3087	Governor, the Legislature, and certain entities; providing
3088	principles for the study; providing for content of the
3089	study; providing for legislative authorization prior to
3090	implementation of the study; providing legislative
3091	findings with respect to the need to preserve investments
3092	in transportation infrastructure and reduce congestion;
3093	providing legislative findings with respect to the need to
3094	preserve investments in transportation infrastructure and
3095	reduce congestion; creating the Florida Transportation
3096	Revenue Study Commission for the purpose of studying the
3097	state's transportation needs and developing
3098	recommendations; requiring that the commission submit a
3099	report to the Legislature by a specified date;
3100	establishing powers and duties of the commission;
3101	providing for membership and authorizing the reimbursement
3102	of members for per diem and travel expenses; providing
3103	requirements for meetings of the commission; requiring the
3104	Center for Urban Transportation Research at the University
3105	of South Florida to provide staff support to the
3106	commission; providing funding for the commission through
3107	federal funds for metropolitan transportation planning;
3108	providing an effective date.

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