1 | Representative Evers offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
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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 |
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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. Paragraph (a) of subsection (1) of section |
1078 | 334.30, Florida Statutes, is amended to read: |
1079 | 334.30 Public-private transportation facilities.--The |
1080 | Legislature finds and declares that there is a public need for |
1081 | the rapid construction of safe and efficient transportation |
1082 | facilities for the purpose of traveling within the state, and |
1083 | that it is in the public's interest to provide for the |
1084 | construction of additional safe, convenient, and economical |
1085 | transportation facilities |
1086 | (1) The department may receive or solicit proposals and, |
1087 | with legislative approval as evidenced by approval of the |
1088 | project in the department's work program, enter into agreements |
1089 | with private entities, or consortia thereof, for the building, |
1090 | operation, ownership, or financing of transportation facilities. |
1091 | The department may advance projects programmed in the adopted 5- |
1092 | year work program or projects increasing transportation capacity |
1093 | and greater than $500 million in the 10-year Strategic |
1094 | Intermodal Plan using funds provided by public-private |
1095 | partnerships or private entities to be reimbursed from |
1096 | department funds for the project as programmed in the adopted |
1097 | work program. The department shall by rule establish an |
1098 | application fee for the submission of unsolicited proposals |
1099 | under this section. The fee must be sufficient to pay the costs |
1100 | of evaluating the proposals. The department may engage the |
1101 | services of private consultants to assist in the evaluation. |
1102 | Before approval, the department must determine that the proposed |
1103 | project: |
1104 | (a) Is in the public's best interest, as evidenced by a |
1105 | business case prepared under s. 287.0574 and submitted to the |
1106 | Council on Efficient Government; |
1107 | Section 18. Section 336.445, Florida Statutes, is created |
1108 | to read: |
1109 | 336.445 Public-private partnerships with counties.-- |
1110 | (1) Notwithstanding any other provision of law or |
1111 | ordinance, a county may enter into agreements with private |
1112 | entities, or a consortia thereof, for the building, operation, |
1113 | ownership, or financing of toll facilities as part of the county |
1114 | road system under the following circumstances: |
1115 | (a) The county has publically declared at a properly |
1116 | noticed commission meeting the need for a toll facility and a |
1117 | desire to contract with a private entity for the building, |
1118 | operation, ownership, or financing of a toll facility; and |
1119 | (b) The county establishes after a public hearing that the |
1120 | proposal includes unique benefits and that adoption of the |
1121 | project is not contrary to the interest of the public. |
1122 | (2) Before awarding the project to a private entity, the |
1123 | county must determine that the proposed project: |
1124 | (a) Is not contrary to the public's interest; |
1125 | (b) Would not require state funds to be used; |
1126 | (c) Would have adequate safeguards in place to ensure that |
1127 | no additional costs or service disruptions would be realized by |
1128 | the travelling public in the event of default or cancellation of |
1129 | the agreement by the county; and |
1130 | (d) Would have adequate safeguards in place to ensure that |
1131 | the county or the private entity has the opportunity to add |
1132 | capacity to the proposed project and other transportation |
1133 | facilities serving similar origins and destinations. |
1134 | (3) Any agreement between a county and a private entity, |
1135 | or consortia thereof, must address the following: |
1136 | (a) Regulations governing the future increase of toll or |
1137 | fare revenues; and |
1138 | (b) That the private entity shall provide an investment |
1139 | grade traffic and revenue study prepared by an internationally |
1140 | recognized traffic and revenue expert that is accepted by the |
1141 | national bond rating agencies. The private entity shall also |
1142 | provide a finance plan than identifies the project cost, |
1143 | revenues by source, financing, major assumptions, internal rate |
1144 | of return on private investment, whether any government funds |
1145 | are assumed to deliver a cost-feasible project, and a total cash |
1146 | flow analysis beginning with the implementation of the project |
1147 | and extending for the term of the agreement. |
1148 | Section 19. Subsection (2) of section 337.0261, Florida |
1149 | Statutes, is amended to read: |
1150 | 337.0261 Construction aggregate materials.-- |
1151 | (2) LEGISLATIVE INTENT.--The Legislature finds that there |
1152 | is a strategic and critical need for an available supply of |
1153 | construction aggregate materials within the state and that a |
1154 | disruption of the supply would cause a significant detriment to |
1155 | the state's construction industry, transportation system, and |
1156 | overall health, safety, and welfare. In addition, the |
1157 | Legislature recognizes that construction aggregate materials |
1158 | mining is an industry of critical importance to the state and |
1159 | that the mining of construction aggregate materials is in the |
1160 | public interest. |
1161 | Section 20. Subsection (1) of section 337.401, Florida |
1162 | Statutes, is amended to read: |
1163 | 337.401 Use of right-of-way for utilities subject to |
1164 | regulation; permit; fees.-- |
1165 | (1)(a) The department and local governmental entities, |
1166 | referred to in ss. 337.401-337.404 as the "authority," that have |
1167 | jurisdiction and control of public roads or publicly owned rail |
1168 | corridors are authorized to prescribe and enforce reasonable |
1169 | rules or regulations with reference to the placing and |
1170 | maintaining along, across, or on any road or publicly owned rail |
1171 | corridors under their respective jurisdictions any electric |
1172 | transmission, telephone, telegraph, or other communications |
1173 | services lines; pole lines; poles; railways; ditches; sewers; |
1174 | water, heat, or gas mains; pipelines; fences; gasoline tanks and |
1175 | pumps; or other structures referred to in this section as the |
1176 | "utility." For aerial and underground electric utility |
1177 | transmission lines designed to operate at 69 or more kilovolts |
1178 | that are needed to accommodate the additional electrical |
1179 | transfer capacity on the transmission grid resulting from new |
1180 | base-load generating facilities, where there is no other |
1181 | practicable alternative available for placement of the electric |
1182 | utility transmission lines on the department's rights-of-way, |
1183 | the department's rules shall provide for placement of and access |
1184 | to such transmission lines adjacent to and within the right-of- |
1185 | way of any department-controlled public roads, including |
1186 | longitudinally within limited access facilities to the greatest |
1187 | extent allowed by federal law, if compliance with the standards |
1188 | established by such rules is achieved. Such rules may include, |
1189 | but need not be limited to, that the use of the right-of-way is |
1190 | reasonable based upon a consideration of economic and |
1191 | environmental factors, including, without limitation, other |
1192 | practicable alternative alignments, utility corridors and |
1193 | easements, impacts on adjacent property owners, and minimum |
1194 | clear zones and other safety standards, and further provide that |
1195 | placement of the electric utility transmission lines within the |
1196 | department's right-of-way does not interfere with operational |
1197 | requirements of the transportation facility or planned or |
1198 | potential future expansion of such transportation facility. If |
1199 | the department approves longitudinal placement of electric |
1200 | utility transmission lines in limited access facilities, |
1201 | compensation for the use of the right-of-way is required. Such |
1202 | consideration or compensation paid by the electric utility in |
1203 | connection with the department's issuance of a permit does not |
1204 | create any property right in the department's property |
1205 | regardless of the amount of consideration paid or the |
1206 | improvements constructed on the property by the utility. Upon |
1207 | notice by the department that the property is needed for |
1208 | expansion or improvement of the transportation facility, the |
1209 | electric utility transmission line will relocate from the |
1210 | facility at the electric utility's sole expense. The electric |
1211 | utility shall pay to the department reasonable damages resulting |
1212 | from the utility's failure or refusal to timely relocate its |
1213 | transmission lines. The rules to be adopted by the department |
1214 | may also address the compensation methodology and relocation. As |
1215 | used in this subsection, the term "base-load generating |
1216 | facilities" means electric power plants that are certified under |
1217 | part II of chapter 403. The department may enter into a permit- |
1218 | delegation agreement with a governmental entity if issuance of a |
1219 | permit is based on requirements that the department finds will |
1220 | ensure the safety and integrity of facilities of the Department |
1221 | of Transportation; however, the permit-delegation agreement does |
1222 | not apply to facilities of electric utilities as defined in s. |
1223 | 366.02(2). |
1224 | (b) For aerial and underground electric utility |
1225 | transmission lines designed to operate at 69 or more kilovolts |
1226 | that are needed to accommodate the additional electrical |
1227 | transfer capacity on the transmission grid resulting from new |
1228 | base-load generating facilities, the department's rules shall |
1229 | provide for placement of and access to such transmission lines |
1230 | adjacent to and within the right-of-way of any department- |
1231 | controlled public roads, including longitudinally within limited |
1232 | access facilities where there is no other practicable |
1233 | alternative available, to the greatest extent allowed by federal |
1234 | law, if compliance with the standards established by such rules |
1235 | is achieved. Such rules may include, but need not be limited to, |
1236 | that the use of the limited access right-of-way for longitudinal |
1237 | placement of electric utility transmission lines is reasonable |
1238 | based upon a consideration of economic and environmental |
1239 | factors, including, without limitation, other practicable |
1240 | alternative alignments, utility corridors and easements, impacts |
1241 | on adjacent property owners, and minimum clear zones and other |
1242 | safety standards, and further provide that placement of the |
1243 | electric utility transmission lines within the department's |
1244 | right-of-way does not interfere with operational requirements of |
1245 | the transportation facility or planned or potential future |
1246 | expansion of such transportation facility. If the department |
1247 | approves longitudinal placement of electric utility transmission |
1248 | lines in limited access facilities, compensation for the use of |
1249 | the right-of-way is required. Such consideration or compensation |
1250 | paid by the electric utility in connection with the department's |
1251 | issuance of a permit does not create any property right in the |
1252 | department's property regardless of the amount of consideration |
1253 | paid or the improvements constructed on the property by the |
1254 | utility. Upon notice by the department that the property is |
1255 | needed for expansion or improvement of the transportation |
1256 | facility, the electric utility transmission line will relocate |
1257 | at the electric utility's sole expense. The electric utility |
1258 | shall pay to the department reasonable damages resulting from |
1259 | the utility's failure or refusal to timely relocate its |
1260 | transmission lines. The rules to be adopted by the department |
1261 | may also address the compensation methodology and relocation. As |
1262 | used in this subsection, the term "base-load generating |
1263 | facilities" means electric power plants that are certified under |
1264 | part II of chapter 403. |
1265 | Section 21. Subsection (3) and paragraphs (b) and (c) of |
1266 | subsection (4) of section 339.2816, Florida Statutes, are |
1267 | amended to read: |
1268 | 339.2816 Small County Road Assistance Program.-- |
1269 | (3) Beginning with fiscal year 1999-2000 until fiscal year |
1270 | 2009-2010, and beginning again with fiscal year 2012-2013, up to |
1271 | $25 million annually from the State Transportation Trust Fund |
1272 | may be used for the purposes of funding the Small County Road |
1273 | Assistance Program as described in this section. |
1274 | (4) |
1275 | (b) In determining a county's eligibility for assistance |
1276 | under this program, the department may consider whether the |
1277 | county has attempted to keep county roads in satisfactory |
1278 | condition, including the amount of local option fuel tax and ad |
1279 | valorem millage rate imposed by the county. The department may |
1280 | also consider the extent to which the county has offered to |
1281 | provide a match of local funds with state funds provided under |
1282 | the program. At a minimum, small counties shall be eligible only |
1283 | if: |
1284 | 1. the county has enacted the maximum rate of the local |
1285 | option fuel tax authorized by s. 336.025(1)(a)., and has imposed |
1286 | an ad valorem millage rate of at least 8 mills; or |
1287 | 2. The county has imposed an ad valorem millage rate of 10 |
1288 | mills. |
1289 | (c) The following criteria shall be used to prioritize |
1290 | road projects for funding under the program: |
1291 | 1. The primary criterion is the physical condition of the |
1292 | road as measured by the department. |
1293 | 2. As secondary criteria the department may consider: |
1294 | a. Whether a road is used as an evacuation route. |
1295 | b. Whether a road has high levels of agricultural travel. |
1296 | c. Whether a road is considered a major arterial route. |
1297 | d. Whether a road is considered a feeder road. |
1298 | e. Whether a road is located in a fiscally constrained |
1299 | county as defined in s. 218.67(1). |
1300 | f.e. Other criteria related to the impact of a project on |
1301 | the public road system or on the state or local economy as |
1302 | determined by the department. |
1303 | Section 22. Subsections (1) and (4) of section 339.2818, |
1304 | Florida Statutes, are amended to read: |
1305 | 339.2818 Small County Outreach Program.-- |
1306 | (1) There is created within the Department of |
1307 | Transportation the Small County Outreach Program. The purpose of |
1308 | this program is to assist small county governments in repairing |
1309 | or rehabilitating county bridges, paving unpaved roads, |
1310 | addressing road-related drainage improvements, resurfacing or |
1311 | reconstructing county roads or in constructing capacity or |
1312 | safety improvements to county roads. |
1313 | (4)(a) Small counties shall be eligible to compete for |
1314 | funds that have been designated for the Small County Outreach |
1315 | Program for projects on county roads. The department shall fund |
1316 | 75 percent of the cost of projects on county roads funded under |
1317 | the program. |
1318 | (b) In determining a county's eligibility for assistance |
1319 | under this program, the department may consider whether the |
1320 | county has attempted to keep county roads in satisfactory |
1321 | condition which may be evidenced through an established pavement |
1322 | management plan. |
1323 | (c) The following criteria shall be used to prioritize |
1324 | road projects for funding under the program: |
1325 | 1. The primary criterion is the physical condition of the |
1326 | road as measured by the department. |
1327 | 2. As secondary criteria the department may consider: |
1328 | a. Whether a road is used as an evacuation route. |
1329 | b. Whether a road has high levels of agricultural travel. |
1330 | c. Whether a road is considered a major arterial route. |
1331 | d. Whether a road is considered a feeder road. |
1332 | e. Information as evidenced to the department through an |
1333 | established pavement management plan. |
1334 | f.e. Other criteria related to the impact of a project on |
1335 | the public road system or on the state or local economy as |
1336 | determined by the department. |
1337 | Section 23. Subsections (1), (2), and (5) of section |
1338 | 339.64, Florida Statutes, are amended to read: |
1339 | 339.64 Strategic Intermodal System Plan.-- |
1340 | (1) The department shall develop, in cooperation with |
1341 | metropolitan planning organizations, regional planning councils, |
1342 | local governments, the Statewide Intermodal Transportation |
1343 | Advisory Council and other transportation providers, a Strategic |
1344 | Intermodal System Plan. The plan shall be consistent with the |
1345 | Florida Transportation Plan developed pursuant to s. 339.155 and |
1346 | shall be updated at least once every 5 years, subsequent to |
1347 | updates of the Florida Transportation Plan. |
1348 | (2) In association with the continued development of the |
1349 | Strategic Intermodal System Plan, the Florida Transportation |
1350 | Commission, as part of its work program review process, shall |
1351 | conduct an annual assessment of the progress that the department |
1352 | and its transportation partners have made in realizing the goals |
1353 | of economic development, improved mobility, and increased |
1354 | intermodal connectivity of the Strategic Intermodal System. The |
1355 | Florida Transportation Commission shall coordinate with the |
1356 | department, the Statewide Intermodal Transportation Advisory |
1357 | Council, and other appropriate entities when developing this |
1358 | assessment. The Florida Transportation Commission shall deliver |
1359 | a report to the Governor and Legislature no later than 14 days |
1360 | after the regular session begins, with recommendations as |
1361 | necessary to fully implement the Strategic Intermodal System. |
1362 | (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY |
1363 | COUNCIL.-- |
1364 | (a) The Statewide Intermodal Transportation Advisory |
1365 | Council is created to advise and make recommendations to the |
1366 | Legislature and the department on policies, planning, and |
1367 | funding of intermodal transportation projects. The council's |
1368 | responsibilities shall include: |
1369 | 1. Advising the department on the policies, planning, and |
1370 | implementation of strategies related to intermodal |
1371 | transportation. |
1372 | 2. Providing advice and recommendations to the Legislature |
1373 | on funding for projects to move goods and people in the most |
1374 | efficient and effective manner for the State of Florida. |
1375 | (b) MEMBERSHIP.--Members of the Statewide Intermodal |
1376 | Transportation Advisory Council shall consist of the following: |
1377 | 1. Six intermodal industry representatives selected by the |
1378 | Governor as follows: |
1379 | a. One representative from an airport involved in the |
1380 | movement of freight and people from their airport facility to |
1381 | another transportation mode. |
1382 | b. One individual representing a fixed-route, local- |
1383 | government transit system. |
1384 | c. One representative from an intercity bus company |
1385 | providing regularly scheduled bus travel as determined by |
1386 | federal regulations. |
1387 | d. One representative from a spaceport. |
1388 | e. One representative from intermodal trucking companies. |
1389 | f. One representative having command responsibilities of a |
1390 | major military installation. |
1391 | 2. Three intermodal industry representatives selected by |
1392 | the President of the Senate as follows: |
1393 | a. One representative from major-line railroads. |
1394 | b. One representative from seaports listed in s. 311.09(1) |
1395 | from the Atlantic Coast. |
1396 | c. One representative from an airport involved in the |
1397 | movement of freight and people from their airport facility to |
1398 | another transportation mode. |
1399 | 3. Three intermodal industry representatives selected by |
1400 | the Speaker of the House of Representatives as follows: |
1401 | a. One representative from short-line railroads. |
1402 | b. One representative from seaports listed in s. 311.09(1) |
1403 | from the Gulf Coast. |
1404 | c. One representative from intermodal trucking companies. |
1405 | In no event may this representative be employed by the same |
1406 | company that employs the intermodal trucking company |
1407 | representative selected by the Governor. |
1408 | (c) Initial appointments to the council must be made no |
1409 | later than 30 days after the effective date of this section. |
1410 | 1. The initial appointments made by the President of the |
1411 | Senate and the Speaker of the House of Representatives shall |
1412 | serve terms concurrent with those of the respective appointing |
1413 | officer. Beginning January 15, 2005, and for all subsequent |
1414 | appointments, council members appointed by the President of the |
1415 | Senate and the Speaker of the House of Representatives shall |
1416 | serve 2-year terms, concurrent with the term of the respective |
1417 | appointing officer. |
1418 | 2. The initial appointees, and all subsequent appointees, |
1419 | made by the Governor shall serve 2-year terms. |
1420 | 3. Vacancies on the council shall be filled in the same |
1421 | manner as the initial appointments. |
1422 | (d) Each member of the council shall be allowed one vote. |
1423 | The council shall select a chair from among its membership. |
1424 | Meetings shall be held at the call of the chair, but not less |
1425 | frequently than quarterly. The members of the council shall be |
1426 | reimbursed for per diem and travel expenses as provided in s. |
1427 | 112.061. |
1428 | (e) The department shall provide administrative staff |
1429 | support and shall ensure that council meetings are |
1430 | electronically recorded. Such recordings and all documents |
1431 | received, prepared for, or used by the council in conducting its |
1432 | business shall be preserved pursuant to chapters 119 and 257. |
1433 | Section 24. Subsection (2) of section 341.071, Florida |
1434 | Statutes, is amended to read: |
1435 | 341.071 Transit productivity and performance measures; |
1436 | reports.-- |
1437 | (2) Each public transit provider shall establish |
1438 | productivity and performance measures, which must be approved by |
1439 | the department and which must be selected from measures |
1440 | developed pursuant to s. 341.041(3). Each provider shall, by |
1441 | January 31 of each year, report to the department relative to |
1442 | these measures. In approving these measures, the department |
1443 | shall give consideration to the goals and objectives of each |
1444 | system, the needs of the local area, and the role for public |
1445 | transit in the local area. The report shall also specifically |
1446 | address potential enhancements to productivity and performance |
1447 | which would have the effect of increasing farebox recovery |
1448 | ratio. The report shall also specifically address the use and |
1449 | effectiveness of high-performance transit systems authorized in |
1450 | s. 163.3180 and included in a county's or the Department of |
1451 | Transportation's long-range plan. |
1452 | Section 25. Paragraph (c) of subsection (4) of section |
1453 | 348.0003, Florida Statutes, is amended to read: |
1454 | 348.0003 Expressway Authority; formation and; |
1455 | membership.-- |
1456 | (4) |
1457 | (c) Members of each expressway an authority, |
1458 | transportation authority, bridge authority, or toll authority, |
1459 | created pursuant to this chapter, chapter 343, or chapter 349, |
1460 | or pursuant to any other legislative enactment, shall be |
1461 | required to comply with the applicable financial disclosure |
1462 | requirements of s. 8, Art. II of the State Constitution. This |
1463 | paragraph does not subject a statutorily created expressway |
1464 | authority, transportation authority, bridge authority, or toll |
1465 | authority, other than one created under this part, to any of the |
1466 | requirements of this part other than those contained in this |
1467 | paragraph. |
1468 | Section 26. Subsections (3) and (7) of section 348.51, |
1469 | Florida Statutes, are amended to read: |
1470 | 348.51 Definitions.--The following terms whenever used or |
1471 | referred to in this part shall have the following meanings, |
1472 | except in those instances where the context clearly indicates |
1473 | otherwise: |
1474 | (3) "Bonds" means and includes the notes, bonds, refunding |
1475 | bonds, or other evidences of indebtedness or obligations, in |
1476 | either temporary or definitive form, which of the authority is |
1477 | authorized to issue issued pursuant to this part. |
1478 | (7) "Expressway system" or "system" means, generally, a |
1479 | modern highway system of roads, managed lanes, and other transit |
1480 | supporting facilities, bridges, causeways, and tunnels in the |
1481 | metropolitan area of the city, or within any area of the county, |
1482 | including the Tampa Bay Region as defined by those counties set |
1483 | forth in s. 343.91(1)(a), with access limited or unlimited as |
1484 | the authority may determine, and such buildings and structures |
1485 | and appurtenances and facilities related thereto, including all |
1486 | approaches, streets, roads, bridges, and avenues of access for |
1487 | such system. |
1488 | Section 27. Section 348.53, Florida Statutes, is amended |
1489 | to read: |
1490 | 348.53 Purposes of the authority.--The authority is |
1491 | created for the purposes and shall have power to construct, |
1492 | reconstruct, improve, extend, repair, maintain and operate the |
1493 | expressway system. It is hereby found and declared that such |
1494 | purposes are in all respects for the benefit of the people of |
1495 | the State of Florida, City of Tampa, and the County of |
1496 | Hillsborough, and Tampa Bay Region, for the increase of their |
1497 | pleasure, convenience and welfare, for the improvement of their |
1498 | health, to facilitate transportation, including transit support |
1499 | facilities, for their recreation and commerce and for the common |
1500 | defense. The authority shall be performing a public purpose and |
1501 | a governmental function in carrying out its corporate purpose |
1502 | and in exercising the powers granted herein. |
1503 | Section 28. Subsections (7) and (8) of section 348.54, |
1504 | Florida Statutes, are amended to read: |
1505 | 348.54 Powers of the authority.--Except as otherwise |
1506 | limited herein, the authority shall have the power: |
1507 | (7) To borrow money and to make and issue negotiable |
1508 | bonds, notes, refunding bonds, and other evidences of |
1509 | indebtedness or obligations, either in temporary or definitive |
1510 | form, hereinafter in this chapter referred to as "bonds of the |
1511 | authority," for the purpose of financing all or part of the |
1512 | improvement or extension of the expressway system, and |
1513 | appurtenant facilities, including all approaches, streets, |
1514 | roads, bridges, and avenues of access for the expressway system |
1515 | and for any other purpose authorized by this part and to provide |
1516 | for the rights of the holders thereof. |
1517 | (8) To secure the payment of bonds by a pledge of all or |
1518 | any portion of the revenues or such other moneys legally |
1519 | available therefor and of all or any portion of the Hillsborough |
1520 | County gasoline tax funds in the manner provided by this part; |
1521 | and in general to provide for the security of the bonds and the |
1522 | rights and remedies of the holders thereof. Interest upon the |
1523 | amount of gasoline tax funds to be repaid to the county pursuant |
1524 | to s. 348.60 shall be payable, at the highest rate applicable to |
1525 | any outstanding bonds of the authority, out of revenues and |
1526 | other available moneys not required to meet the authority's |
1527 | obligations to its bondholders. The authority shall have no |
1528 | power at any time or in any manner to pledge the credit or |
1529 | taxing power of the state or any political subdivision or |
1530 | agency, including the city and the county, nor shall any of the |
1531 | authority's obligations be deemed to be obligations of the state |
1532 | or of any political subdivision or agency, nor shall the state |
1533 | or any political subdivision or agency, except the authority, be |
1534 | liable for the payment of the principal of or interest on such |
1535 | obligations. |
1536 | Section 29. Section 348.545, Florida Statutes, is amended |
1537 | to read: |
1538 | 348.545 Facility improvement; bond financing |
1539 | authority.--Pursuant to s. 11(f), Art. VII of the State |
1540 | Constitution, the Legislature hereby approves for bond financing |
1541 | by the Tampa-Hillsborough County Expressway Authority |
1542 | improvements to toll collection facilities, interchanges to the |
1543 | legislatively approved expressway system, and any other facility |
1544 | appurtenant, necessary, or incidental to the approved system. |
1545 | Subject to terms and conditions of applicable revenue bond |
1546 | resolutions and covenants, such costs financing may be financed |
1547 | in whole or in part by revenue bonds issued pursuant to s. |
1548 | 348.56(1)(a) or (b) whether currently issued or issued in the |
1549 | future, or by a combination of such bonds. |
1550 | Section 30. Subsections (1) and (2) of section 348.56, |
1551 | Florida Statutes, are amended to read: |
1552 | 348.56 Bonds of the authority.-- |
1553 | (1)(a) Bonds may be issued on behalf of the authority |
1554 | pursuant to the State Bond Act. |
1555 | (b) Alternatively, the authority shall have the power and |
1556 | is hereby authorized from time to time to issue bonds in such |
1557 | principal amount as, in the opinion of the authority, shall be |
1558 | necessary to provide sufficient moneys for achieving its |
1559 | corporate purposes, including construction, reconstruction, |
1560 | improvement, extension, repair, maintenance and operation of the |
1561 | expressway system, the cost of acquisition of all real property, |
1562 | interest on bonds during construction and for a reasonable |
1563 | period thereafter, establishment of reserves to secure bonds, |
1564 | and all other expenditures of the authority incident to and |
1565 | necessary or convenient to carry out its corporate purposes and |
1566 | powers. |
1567 | (2)(a) Bonds issued by the authority pursuant to paragraph |
1568 | (1)(a) or paragraph (1)(b) shall be authorized by resolution of |
1569 | the members of the authority and shall bear such date or dates, |
1570 | mature at such time or times, not exceeding 40 years from their |
1571 | respective dates, bear interest at such rate or rates, not |
1572 | exceeding the maximum rate fixed by general law for authorities, |
1573 | be in such denominations, be in such form, either coupon or |
1574 | fully registered, carry such registration, exchangeability and |
1575 | interchangeability privileges, be payable in such medium of |
1576 | payment and at such place or places, be subject to such terms of |
1577 | redemption and be entitled to such priorities of lien on the |
1578 | revenues, other available moneys, and the Hillsborough County |
1579 | gasoline tax funds as such resolution or any resolution |
1580 | subsequent thereto may provide. The bonds shall be executed |
1581 | either by manual or facsimile signature by such officers as the |
1582 | authority shall determine, provided that such bonds shall bear |
1583 | at least one signature which is manually executed thereon. The |
1584 | coupons attached to such bonds shall bear the facsimile |
1585 | signature or signatures of such officer or officers as shall be |
1586 | designated by the authority. Such bonds shall have the seal of |
1587 | the authority affixed, imprinted, reproduced, or lithographed |
1588 | thereon. |
1589 | (b) The bonds issued pursuant to paragraph (1)(a) or |
1590 | paragraph (1)(b) shall be sold at public sale in the same manner |
1591 | provided in the State Bond Act, and the net interest cost to the |
1592 | authority on such bonds shall not exceed the maximum rate fixed |
1593 | by general law for authorities. If all bids received on the |
1594 | public sale are rejected, the authority may then proceed to |
1595 | negotiate for the sale of the bonds at a net interest cost which |
1596 | shall be less than the lowest net interest cost stated in the |
1597 | bids rejected at the public sale. However, if the authority |
1598 | determines, by official action at a public meeting, that a |
1599 | negotiated sale of such bonds is in the best interest of the |
1600 | authority, the authority may negotiate the sale of such bonds |
1601 | with the underwriter or underwriters designated by the authority |
1602 | and the Division of Bond Finance within the State Board of |
1603 | Administration with respect to bonds issued pursuant to |
1604 | paragraph (1)(a) or solely by the authority with respect to |
1605 | bonds issued pursuant to paragraph (1)(b). The authority's |
1606 | determination to negotiate the sale of such bonds may be based, |
1607 | in part, upon the written advice of the authority's financial |
1608 | adviser. Pending the preparation of definitive bonds, temporary |
1609 | bonds or interim certificates may be issued to the purchaser or |
1610 | purchasers of such bonds and may contain such terms and |
1611 | conditions as the authority may determine. |
1612 | Section 31. Section 348.565, Florida Statutes, is amended |
1613 | to read: |
1614 | 348.565 Revenue bonds for specified projects.--The |
1615 | existing facilities that constitute the Tampa-Hillsborough |
1616 | County Expressway System are hereby approved to be refinanced by |
1617 | the issuance of revenue bonds issued by the Division of Bond |
1618 | Finance of the State Board of Administration pursuant to s. |
1619 | 11(f), Art. VII of the State Constitution and the State Bond |
1620 | Act, or by revenue bonds issued by the authority pursuant to s. |
1621 | 348.56(1)(b). In addition, the following projects of the Tampa- |
1622 | Hillsborough County Expressway Authority are approved to be |
1623 | financed or refinanced by the issuance of revenue bonds in |
1624 | accordance with this part and pursuant to s. 11(f), Art. VII of |
1625 | the State Constitution: |
1626 | (1) Brandon area feeder roads. |
1627 | (2) Capital improvements to the expressway system, |
1628 | including safety and operational improvements and toll |
1629 | collection equipment. |
1630 | (3) Lee Roy Selmon Crosstown Expressway System widening. |
1631 | (4) The connector highway linking the Lee Roy Selmon |
1632 | Crosstown Expressway to Interstate 4. |
1633 | (5) Managed lanes and other transit support facilities. |
1634 | Section 32. Subsection (1) of section 348.57, Florida |
1635 | Statutes, is amended to read: |
1636 | 348.57 Refunding bonds.-- |
1637 | (1) Subject to public notice as provided in s. 348.54, the |
1638 | authority is authorized to provide by resolution for the |
1639 | issuance from time to time of bonds pursuant to s. 348.56(1)(b) |
1640 | for the purpose of refunding any bonds then outstanding |
1641 | regardless of whether the bonds being refunded were issued by |
1642 | the authority pursuant to this chapter or on behalf of the |
1643 | authority pursuant to the State Bond Act. The authority is |
1644 | further authorized to provide by resolution for the issuance of |
1645 | bonds for the combined purpose of: |
1646 | (a) Paying the cost of constructing, reconstructing, |
1647 | improving, extending, repairing, maintaining and operating the |
1648 | expressway system. |
1649 | (b) Refunding bonds then outstanding. The authorization, |
1650 | sale and issuance of such obligations, the maturities and other |
1651 | details thereof, the rights and remedies of the holders thereof, |
1652 | and the rights, powers, privileges, duties and obligations of |
1653 | the authority with respect to the same shall be governed by the |
1654 | foregoing provisions of this part insofar as the same may be |
1655 | applicable. |
1656 | Section 33. Section 348.70, Florida Statutes, is amended |
1657 | to read: |
1658 | 348.70 This part complete and additional authority.-- |
1659 | (1) The powers conferred by this part shall be in addition |
1660 | and supplemental to the existing respective powers of the |
1661 | authority, the department, the county, and the city, if any, and |
1662 | this part shall not be construed as repealing any of the |
1663 | provisions of any other law, general, special, or local, but |
1664 | shall be deemed to supersede such other law or laws in the |
1665 | exercise of the powers provided in this part insofar as such |
1666 | other law or laws are inconsistent with the provisions of this |
1667 | part and to provide a complete method for the exercise of the |
1668 | powers granted herein. The construction, reconstruction, |
1669 | improvement, extension, repair, maintenance, and operation of |
1670 | the expressway system, and the issuance of bonds hereunder to |
1671 | finance all or part of the cost thereof, may be accomplished |
1672 | upon compliance with the provisions of this part without regard |
1673 | to or necessity for compliance with the provisions, limitations, |
1674 | or restrictions contained in any other general, special, or |
1675 | local law, including, but not limited to, s. 215.821, and no |
1676 | approval of any bonds issued under this part by the qualified |
1677 | electors or qualified electors who are freeholders in the state |
1678 | or in the county or in the city or in any other political |
1679 | subdivision of the state shall be required for the issuance of |
1680 | such bonds. |
1681 | (2) This part does not repeal, rescind, or modify any |
1682 | other law or laws relating to the State Board of Administration, |
1683 | the Department of Transportation, or the Division of Bond |
1684 | Finance of the State Board of Administration, but shall |
1685 | supersede such other law or laws as are inconsistent with the |
1686 | provisions of this part, including, but not limited to, s. |
1687 | 215.821. |
1688 | Section 34. Subsection (6) of section 369.317, Florida |
1689 | Statutes, is amended to read: |
1690 | 369.317 Wekiva Parkway.-- |
1691 | (6) The Orlando-Orange County Expressway Authority is |
1692 | hereby granted the authority to act as a third-party acquisition |
1693 | agent, pursuant to s. 259.041 on behalf of the Board of Trustees |
1694 | or chapter 373 on behalf of the governing board of the St. Johns |
1695 | River Water Management District, for the acquisition of all |
1696 | necessary lands, property and all interests in property |
1697 | identified herein, including fee simple or less-than-fee simple |
1698 | interests. The lands subject to this authority are identified in |
1699 | paragraph 10.a., State of Florida, Office of the Governor, |
1700 | Executive Order 03-112 of July 1, 2003, and in Recommendation 16 |
1701 | of the Wekiva Basin Area Task Force created by Executive Order |
1702 | 2002-259, such lands otherwise known as Neighborhood Lakes, a |
1703 | 1,587+/- acre parcel located in Orange and Lake Counties within |
1704 | Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East, |
1705 | and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East; |
1706 | Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake |
1707 | County within Section 37, Township 19 South, Range 28 East; New |
1708 | Garden Coal; a 1,605+/- acre parcel in Lake County within |
1709 | Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28 |
1710 | East; Pine Plantation, a 617+/- acre tract consisting of eight |
1711 | individual parcels within the Apopka City limits. The Department |
1712 | of Transportation, the Department of Environmental Protection, |
1713 | the St. Johns River Water Management District, and other land |
1714 | acquisition entities shall participate and cooperate in |
1715 | providing information and support to the third-party acquisition |
1716 | agent. The land acquisition process authorized by this paragraph |
1717 | shall begin no later than December 31, 2004. Acquisition of the |
1718 | properties identified as Neighborhood Lakes, Pine Plantation, |
1719 | and New Garden Coal, or approval as a mitigation bank shall be |
1720 | concluded no later than December 31, 2010. Department of |
1721 | Transportation and Orlando-Orange County Expressway Authority |
1722 | funds expended to purchase an interest in those lands identified |
1723 | in this subsection shall be eligible as environmental mitigation |
1724 | for road construction related impacts in the Wekiva Study Area. |
1725 | If any of the lands identified in this subsection are used as |
1726 | environmental mitigation for road-construction-related impacts |
1727 | incurred by the Department of Transportation or the Orlando- |
1728 | Orange County Expressway Authority, or for other impacts |
1729 | incurred by other entities, within the Wekiva Study Area or |
1730 | within the Wekiva Parkway alignment corridor and, if the |
1731 | mitigation offsets such impacts, the St. Johns River Water |
1732 | Management District and the Department of Environmental |
1733 | Protection shall consider the activity regulated under part IV |
1734 | of chapter 373 to meet the cumulative impact requirements of s. |
1735 | 373.414(8)(a). |
1736 | (a) Acquisition of the land described in this section is |
1737 | required to provide right of way for the Wekiva Parkway, a |
1738 | limited access roadway linking State Road 429 to Interstate 4, |
1739 | an essential component in meeting regional transportation needs |
1740 | to provide regional connectivity, improve safety, accommodate |
1741 | projected population and economic growth, and satisfy critical |
1742 | transportation requirements caused by increased traffic volume |
1743 | growth and travel demands. |
1744 | (b) Acquisition of the lands described in this section is |
1745 | also required to protect the surface water and groundwater |
1746 | resources of Lake, Orange, and Seminole counties, otherwise |
1747 | known as the Wekiva Study Area, including recharge within the |
1748 | springshed that provides for the Wekiva River system. Protection |
1749 | of this area is crucial to the long term viability of the Wekiva |
1750 | River and springs and the central Florida region's water supply. |
1751 | Acquisition of the lands described in this section is also |
1752 | necessary to alleviate pressure from growth and development |
1753 | affecting the surface and groundwater resources within the |
1754 | recharge area. |
1755 | (c) Lands acquired pursuant to this section that are |
1756 | needed for transportation facilities for the Wekiva Parkway |
1757 | shall be determined not necessary for conservation purposes |
1758 | pursuant to ss. 253.034(6) and 373.089(5) and shall be |
1759 | transferred to or retained by the Orlando-Orange County |
1760 | Expressway Authority or the Department of Transportation upon |
1761 | reimbursement of the full purchase price and acquisition costs. |
1762 | Section 35. Paragraph (a) of subsection (7) of section |
1763 | 380.06, Florida Statutes, is amended to read: |
1764 | 380.06 Developments of regional impact.-- |
1765 | (7) PREAPPLICATION PROCEDURES.-- |
1766 | (a) Before filing an application for development approval, |
1767 | the developer shall contact the regional planning agency with |
1768 | jurisdiction over the proposed development to arrange a |
1769 | preapplication conference. Upon the request of the developer or |
1770 | the regional planning agency, other affected state and regional |
1771 | agencies shall participate in this conference and shall identify |
1772 | the types of permits issued by the agencies, the level of |
1773 | information required, and the permit issuance procedures as |
1774 | applied to the proposed development. The level-of-service |
1775 | standards required in the transportation methodology must be the |
1776 | same level-of-service standards used to evaluate concurrency in |
1777 | accordance with s. 163.3180. The regional planning agency shall |
1778 | provide the developer information to the developer about the |
1779 | development-of-regional-impact process and the use of |
1780 | preapplication conferences to identify issues, coordinate |
1781 | appropriate state and local agency requirements, and otherwise |
1782 | promote a proper and efficient review of the proposed |
1783 | development. If an agreement is reached regarding assumptions |
1784 | and methodology to be used in the application for development |
1785 | approval, the reviewing agencies may not subsequently object to |
1786 | those assumptions and methodologies unless subsequent changes to |
1787 | the project or information obtained during the review make those |
1788 | assumptions and methodologies inappropriate. |
1789 | Section 36. Sections 479.01, 479.015, 479.02, 479.03, |
1790 | 479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106, |
1791 | 479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155, |
1792 | 479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes, |
1793 | are designated as part I of chapter 479, Florida Statutes. |
1794 | Section 37. Sections 479.261, 479.262, 479.27, 479.28, and |
1795 | 479.30, Florida Statutes, are designated as part II of chapter |
1796 | 479, Florida Statutes. |
1797 | Section 38. Part III of chapter 479, Florida Statutes, |
1798 | consisting of sections 479.310, 479.311, 479.312, 479.313, and |
1799 | 479.314, is created to read: |
1800 | PART III |
1801 | SIGN REMOVAL |
1802 | 479.310 Legislative intent.--It is the intent of this part |
1803 | to relieve the department from the financial burden incurred in |
1804 | the removal of unpermitted and illegal signs located within the |
1805 | controlled areas adjacent to the State Highway System, |
1806 | interstate, or federal-aid primary system; to place the |
1807 | financial responsibility for the cost of such removal directly |
1808 | upon those benefiting from the location and operation of such |
1809 | unpermitted and illegal signs; and to provide clear authority to |
1810 | the department for the recovery of cost incurred by the |
1811 | department in the removal of such unpermitted and illegal signs. |
1812 | 479.311 Jurisdiction; venue.--The county court shall have |
1813 | jurisdiction concurrent with the circuit court to consider |
1814 | claims filed by the department in amounts that are within their |
1815 | jurisdictional limitations. Venue shall be the Leon County for |
1816 | the purpose of a claim filed by the department to recover its |
1817 | costs as provided in this section. |
1818 | 479.312 Unpermitted signs; cost of removal.--All costs |
1819 | incurred by the department in connection with the removal of a |
1820 | sign located within a controlled area adjacent to the interstate |
1821 | highway system, the federal-aid primary highway system, or the |
1822 | State Highway System shall be assessed against and collected |
1823 | from the following persons if they have not been issued a permit |
1824 | under part I of this chapter: |
1825 | (1) The owner of the sign; |
1826 | (2) The advertiser displayed on the sign; or |
1827 | (3) The owner of the property upon which the sign is |
1828 | located. |
1829 | |
1830 | For the purpose of this subsection, a sign that does not display |
1831 | the name of the owner of the sign shall be presumed to be owned |
1832 | by the owner of the property upon which the sign is located. |
1833 | 479.313 Permit revocation; cost of removal.--All costs |
1834 | incurred by the department in connection with the removal of a |
1835 | sign located within a controlled area adjacent to the interstate |
1836 | highway system, the federal-aid primary highway system, or the |
1837 | State Highway System following the revocation of the permit for |
1838 | such sign shall be assessed against and collected from the |
1839 | permittee. |
1840 | 479.314 Highway rights-of-way; cost of sign removal.--All |
1841 | costs incurred by the department in connection with the removal |
1842 | of a sign located within a right-of-way of the interstate |
1843 | highway system, the federal-aid primary highway system, or the |
1844 | State Highway System shall be assessed against and collected |
1845 | from the owner of the sign or the advertiser displayed on the |
1846 | sign. |
1847 | Section 39. Section 705.18, Florida Statutes, is amended |
1848 | to read: |
1849 | 705.18 Disposal of personal property lost or abandoned on |
1850 | university or community college campuses or certain public-use |
1851 | airports; disposition of proceeds from sale thereof.-- |
1852 | (1) Whenever any lost or abandoned personal property shall |
1853 | be found on a campus of an institution in the State University |
1854 | System or a campus of a state-supported community college, or on |
1855 | premises owned or controlled by the operator of a public-use |
1856 | airport having regularly scheduled international passenger |
1857 | service, the president of the institution or the president's |
1858 | designee or the director of the airport or the director's |
1859 | designee shall take charge thereof and make a record of the date |
1860 | such property was found. If, within 30 days after such property |
1861 | is found, or a longer period of time as may be deemed |
1862 | appropriate by the president or the director under the |
1863 | circumstances, the property it is not claimed by the owner, the |
1864 | president or director shall order it sold at public outcry after |
1865 | giving notice of the time and place of sale in a publication of |
1866 | general circulation on the campus of such institution or within |
1867 | the county where the airport is located and written notice to |
1868 | the owner if known. The rightful owner of such property may |
1869 | reclaim the same at any time prior to sale. |
1870 | (2) All moneys realized from such institution's sale shall |
1871 | be placed in an appropriate fund and used solely for student |
1872 | scholarship and loan purposes. All moneys realized from such |
1873 | sale by an airport, less its costs of storage, transportation, |
1874 | and publication of notice, shall, unless another use is required |
1875 | by federal law, be deposited into the state school fund. |
1876 | Section 40. Section 705.182, Florida Statutes, is created |
1877 | to read: |
1878 | 705.182 Disposal of personal property found on the |
1879 | premises of public-use airports.-- |
1880 | (1) Whenever any personal property, other than an aircraft |
1881 | or motor vehicle, is found on premises owned or controlled by |
1882 | the operator of a public-use airport, the director of the |
1883 | airport or the director's designee shall take charge thereof and |
1884 | make a record of the date such property was found. |
1885 | (2) If, within 30 calendar days after such property is |
1886 | found or for a longer period of time as may be deemed |
1887 | appropriate by the director or the director's designee under the |
1888 | circumstances, the property is not claimed by the owner, the |
1889 | director or the director's designee may: |
1890 | (a) Retain any or all of the property for use by the |
1891 | airport or for use by the state or the unit of local government |
1892 | owning or operating the airport; |
1893 | (b) Trade such property to another unit of local |
1894 | government or a state agency; |
1895 | (c) Donate the property to a charitable organization; |
1896 | (d) Sell the property; or |
1897 | (e) Dispose of the property through an appropriate refuse |
1898 | removal company or a company that provides salvage services for |
1899 | the type of personal property found or located on the airport |
1900 | premises. |
1901 | (3) The airport shall notify the owner, if known, of the |
1902 | property found on the airport premises and that the airport |
1903 | intends to dispose of the property as provided in subsection |
1904 | (2). |
1905 | (4) If the airport elects to sell the property under |
1906 | paragraph (2)(d), the property must be sold at a public auction |
1907 | either on the Internet or at a specified physical location after |
1908 | giving notice of the time and place of sale, at least 10 |
1909 | calendar days prior to the date of sale, in a publication of |
1910 | general circulation within the county where the airport is |
1911 | located and after written notice, via certified mail, return |
1912 | receipt requested, is provided to the owner, if known. Any such |
1913 | notice shall be sufficient if the notice refers to the airport's |
1914 | intention to sell all then-accumulated found property, and there |
1915 | is no requirement that the notice identify each item to be sold. |
1916 | The rightful owner of such property may reclaim the property at |
1917 | any time prior to sale by presenting acceptable evidence of |
1918 | ownership to the airport director or the director's designee. |
1919 | All proceeds from the sale of the property shall be retained by |
1920 | the airport for use by the airport in any lawfully authorized |
1921 | manner. |
1922 | (5) Nothing in this section shall preclude the airport |
1923 | from allowing a domestic or international air carrier or other |
1924 | tenant, on premises owned or controlled by the operator of a |
1925 | public-use airport, to establish its own lost and found |
1926 | procedures for personal property and to dispose of such personal |
1927 | property. |
1928 | (6) A purchaser or recipient in good faith of personal |
1929 | property sold or obtained under this section shall take the |
1930 | property free of the rights of persons then holding any legal or |
1931 | equitable interest thereto, whether or not recorded. |
1932 | Section 41. Section 705.183, Florida Statutes, is created |
1933 | to read: |
1934 | 705.183 Disposal of derelict or abandoned aircraft on the |
1935 | premises of public-use airports.-- |
1936 | (1)(a) Whenever any derelict or abandoned aircraft is |
1937 | found or located on premises owned or controlled by the operator |
1938 | of a public-use airport, whether or not such premises are under |
1939 | a lease or license to a third party, the director of the airport |
1940 | or the director's designee shall make a record of the date the |
1941 | aircraft was found or determined to be present on the airport |
1942 | premises. |
1943 | (b) For purposes of this section, the term: |
1944 | 1. "Abandoned aircraft" means an aircraft that has been |
1945 | disposed of on a public-use airport in a wrecked, inoperative, |
1946 | or partially dismantled condition or an aircraft that has |
1947 | remained in an idle state on premises owned or controlled by the |
1948 | operator of a public-use airport for 45 consecutive calendar |
1949 | days. |
1950 | 2. "Derelict aircraft" means any aircraft that is not in a |
1951 | flyable condition, does not have a current certificate of air |
1952 | worthiness issued by the Federal Aviation Administration, and is |
1953 | not in the process of actively being repaired. |
1954 | (2) The director or the director's designee shall contact |
1955 | the Federal Aviation Administration, Aircraft Registration |
1956 | Branch, to determine the name and address of the last registered |
1957 | owner of the aircraft and shall make a diligent personal search |
1958 | of the appropriate records, or contact an aircraft title search |
1959 | company, to determine the name and address of any person having |
1960 | an equitable or legal interest in the aircraft. Within 10 |
1961 | business days after receipt of the information, the director or |
1962 | the director's designee shall notify the owner and all persons |
1963 | having an equitable or legal interest in the aircraft by |
1964 | certified mail, return receipt requested, of the location of the |
1965 | derelict or abandoned aircraft on the airport premises, that |
1966 | fees and charges for the use of the airport by the aircraft have |
1967 | accrued and the amount thereof, that the aircraft is subject to |
1968 | a lien under subsection (5) for the accrued fees and charges for |
1969 | the use of the airport and for the transportation, storage, and |
1970 | removal of the aircraft, that the lien is subject to enforcement |
1971 | pursuant to law, and that the airport may cause the use, trade, |
1972 | sale, or removal of the aircraft as described in s. |
1973 | 705.182(2)(a), (b), (d), or (e) if, within 30 calendar days |
1974 | after the date of receipt of such notice, the aircraft has not |
1975 | been removed from the airport upon payment in full of all |
1976 | accrued fees and charges for the use of the airport and for the |
1977 | transportation, storage, and removal of the aircraft. Such |
1978 | notice may require removal of the aircraft in less than 30 |
1979 | calendar days if the aircraft poses a danger to the health or |
1980 | safety of users of the airport, as determined by the director or |
1981 | the director's designee. |
1982 | (3) If the owner of the aircraft is unknown or cannot be |
1983 | found, the director or the director's designee shall cause a |
1984 | laminated notice to be placed upon such aircraft in |
1985 | substantially the following form: |
1986 |
|
1987 | NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED |
1988 | PROPERTY. This property, to wit: (setting forth brief |
1989 | description) is unlawfully upon public property known as |
1990 | (setting forth brief description of location) and has accrued |
1991 | fees and charges for the use of the (same description of |
1992 | location as above) and for the transportation, storage, and |
1993 | removal of the property. These accrued fees and charges must be |
1994 | paid in full and the property must be removed within 30 calendar |
1995 | days after the date of this notice; otherwise, the property will |
1996 | be removed and disposed of pursuant to chapter 705, Florida |
1997 | Statutes. The property is subject to a lien for all accrued fees |
1998 | and charges for the use of the public property known as (same |
1999 | description of location as above) by such property and for all |
2000 | fees and charges incurred by the public property known as (same |
2001 | description of location as above) for the transportation, |
2002 | storage, and removal of the property. This lien is subject to |
2003 | enforcement pursuant to law. The owner will be liable for such |
2004 | fees and charges, as well as the cost for publication of this |
2005 | notice. Dated this: (setting forth the date of posting of |
2006 | notice), signed: (setting forth name, title, address, and |
2007 | telephone number of law enforcement officer). |
2008 |
|
2009 | Such notice shall be not less than 8 inches by 10 inches and |
2010 | shall be sufficiently weatherproof to withstand normal exposure |
2011 | to the weather. If, at the end of 30 calendar days after posting |
2012 | the notice, the owner or any person interested in the described |
2013 | derelict or abandoned aircraft has not removed the aircraft from |
2014 | the airport upon payment in full of all accrued fees and charges |
2015 | for the use of the airport and for the transportation, storage, |
2016 | and removal of the aircraft, or shown reasonable cause for |
2017 | failure to do so, the director or the director's designee may |
2018 | cause the use, trade, sale, or removal of the aircraft as |
2019 | described in s. 705.182(2)(a), (b), (d), or (e). |
2020 | (4) Such aircraft shall be removed within the time period |
2021 | specified in the notice provided under subsection (2) or |
2022 | subsection (3). If, at the end of such period of time, the owner |
2023 | or any person interested in the described derelict or abandoned |
2024 | aircraft has not removed the aircraft from the airport upon |
2025 | payment in full of all accrued fees and charges for the use of |
2026 | the airport and for the transportation, storage, and removal of |
2027 | the aircraft, or shown reasonable cause for the failure to do |
2028 | so, the director or the director's designee may cause the use, |
2029 | trade, sale, or removal of the aircraft as described in s. |
2030 | 705.182(2)(a), (b), (d), or (e). |
2031 | (a) If the airport elects to sell the aircraft in |
2032 | accordance with s. 705.182(2)(d), the aircraft must be sold at |
2033 | public auction after giving notice of the time and place of |
2034 | sale, at least 10 calendar days prior to the date of sale, in a |
2035 | publication of general circulation within the county where the |
2036 | airport is located and after providing written notice of the |
2037 | intended sale to all parties known to have an interest in the |
2038 | aircraft. |
2039 | (b) If the airport elects to dispose of the aircraft in |
2040 | accordance with s. 705.182(2)(e), the airport shall be entitled |
2041 | to negotiate with the company for a price to be received from |
2042 | such company in payment for the aircraft, or, if circumstances |
2043 | so warrant, a price to be paid to such company by the airport |
2044 | for the costs of disposing of the aircraft. All information |
2045 | pertaining to the establishment of such price and the |
2046 | justification for the amount of such price shall be prepared and |
2047 | maintained by the airport, and such negotiated price shall be |
2048 | deemed to be a commercially reasonable price. |
2049 | (c) If the sale price or the negotiated price is less than |
2050 | the airport's then current charges and costs against the |
2051 | aircraft, or if the airport is required to pay the salvage |
2052 | company for its services, the owner of the aircraft shall remain |
2053 | liable to the airport for the airport's costs that are not |
2054 | offset by the sale price or negotiated price, in addition to the |
2055 | owner's liability for payment to the airport of the price the |
2056 | airport was required to pay any salvage company. All costs |
2057 | incurred by the airport in the removal, storage, and sale of any |
2058 | aircraft shall be recoverable against the owner thereof. |
2059 | (5) The airport shall have a lien on a derelict or |
2060 | abandoned aircraft for all fees and charges for the use of the |
2061 | airport by such aircraft and for all fees and charges incurred |
2062 | by the airport for the transportation, storage, and removal of |
2063 | the aircraft. As a prerequisite to perfecting a lien under this |
2064 | section, the airport director or the director's designee must |
2065 | serve a notice in accordance with subsection (2) on the last |
2066 | registered owner and all persons having an equitable or legal |
2067 | interest in the aircraft. Serving the notice does not dispense |
2068 | with recording the claim of lien. |
2069 | (6)(a) For the purpose of perfecting its lien under this |
2070 | section, the airport shall record a claim of lien which shall |
2071 | state: |
2072 | 1. The name and address of the airport. |
2073 | 2. The name of the last registered owner of the aircraft |
2074 | and all persons having a legal or equitable interest in the |
2075 | aircraft. |
2076 | 3. The fees and charges incurred by the aircraft for the |
2077 | use of the airport and the fees and charges for the |
2078 | transportation, storage, and removal of the aircraft. |
2079 | 4. A description of the aircraft sufficient for |
2080 | identification. |
2081 | (b) The claim of lien shall be signed and sworn to or |
2082 | affirmed by the airport director or the director's designee. |
2083 | (c) The claim of lien shall be sufficient if it is in |
2084 | substantially the following form: |
2085 |
|
2086 | CLAIM OF LIEN |
2087 | State of ______ |
2088 | County of ______ |
2089 | Before me, the undersigned notary public, personally appeared |
2090 | ______, who was duly sworn and says that he/she is the |
2091 | ________of ________, whose address is________; and that the |
2092 | following described aircraft: |
2093 | (Description of aircraft) |
2094 | owned by __________, whose address is ____________, has accrued |
2095 | $___________in fees and charges for the use by the aircraft of |
2096 | ______________ and for the transportation, storage, and removal |
2097 | of the aircraft from _______________; that the lienor served its |
2098 | notice to the last registered owner and all persons having a |
2099 | legal or equitable interest in the aircraft on ____, (year), |
2100 | by________. |
2101 | (Signature) |
2102 | Sworn to (or affirmed) and subscribed before me this _____day |
2103 | of___, (year), by (name of person making statement). |
2104 | (Signature of Notary Public)(Print, Type, or Stamp Commissioned |
2105 | name of Notary Public) |
2106 | Personally Known___OR Produced_____as identification. |
2107 |
|
2108 | However, the negligent inclusion or omission of any information |
2109 | in this claim of lien which does not prejudice the last |
2110 | registered owner does not constitute a default that operates to |
2111 | defeat an otherwise valid lien. |
2112 | (d) The claim of lien shall be served on the last |
2113 | registered owner of the aircraft and all persons having an |
2114 | equitable or legal interest in the aircraft. The claim of lien |
2115 | shall be so served before recordation. |
2116 | (e) The claim of lien shall be recorded with the clerk of |
2117 | court in the county where the airport is located. The recording |
2118 | of the claim of lien shall be constructive notice to all persons |
2119 | of the contents and effect of such claim. The lien shall attach |
2120 | at the time of recordation and shall take priority as of that |
2121 | time. |
2122 | (7) A purchaser or recipient in good faith of an aircraft |
2123 | sold or obtained under this section takes the property free of |
2124 | the rights of persons then holding any legal or equitable |
2125 | interest thereto, whether or not recorded. The purchaser or |
2126 | recipient is required to notify the appropriate Federal Aviation |
2127 | Administration office of such change in the registered owner of |
2128 | the aircraft. |
2129 | (8) If the aircraft is sold at public sale, the airport |
2130 | shall deduct from the proceeds of sale the costs of |
2131 | transportation, storage, publication of notice, and all other |
2132 | costs reasonably incurred by the airport, and any balance of the |
2133 | proceeds shall be deposited into an interest-bearing account not |
2134 | later than 30 calendar days after the airport's receipt of the |
2135 | proceeds and held there for 1 year. The rightful owner of the |
2136 | aircraft may claim the balance of the proceeds within 1 year |
2137 | after the date of the deposit by making application to the |
2138 | airport and presenting acceptable written evidence of ownership |
2139 | to the airport's director or the director's designee. If no |
2140 | rightful owner claims the proceeds within the 1-year time |
2141 | period, the balance of the proceeds shall be retained by the |
2142 | airport to be used in any manner authorized by law. |
2143 | (9) Any person acquiring a legal interest in an aircraft |
2144 | that is sold by an airport under this section or s. 705.182 |
2145 | shall be the lawful owner of such aircraft and all other legal |
2146 | or equitable interests in such aircraft shall be divested and of |
2147 | no further force and effect, provided that the holder of any |
2148 | such legal or equitable interests was notified of the intended |
2149 | disposal of the aircraft to the extent required in this section. |
2150 | The airport may issue documents of disposition to the purchaser |
2151 | or recipient of an aircraft disposed of under this section. |
2152 | Section 42. Section 705.184, Florida Statutes, is created |
2153 | to read: |
2154 | 705.184 Derelict or abandoned motor vehicles on the |
2155 | premises of public-use airports.-- |
2156 | (1)(a) Whenever any derelict or abandoned motor vehicle is |
2157 | found on premises owned or controlled by the operator of a |
2158 | public-use airport, including airport premises leased to a third |
2159 | party, the director of the airport or the director's designee |
2160 | may take charge thereof and make a record of the date such motor |
2161 | vehicle was found. |
2162 | (b) For purposes of this section, the term: |
2163 | 1. "Abandoned motor vehicle" means a motor vehicle that |
2164 | has been disposed of on a public-use airport in a wrecked, |
2165 | inoperative, or partially dismantled condition or a motor |
2166 | vehicle that has remained in an idle state on the premises of a |
2167 | public-use airport for 45 consecutive calendar days. |
2168 | 2. "Derelict motor vehicle" means any motor vehicle that |
2169 | is not in a drivable condition. |
2170 | (c) After the information relating to the abandoned or |
2171 | derelict motor vehicle is recorded in the airport's records, the |
2172 | director or the director's designee may cause the motor vehicle |
2173 | to be removed from airport premises by the airport's wrecker or |
2174 | by a licensed independent wrecker company to be stored at a |
2175 | suitable location on or off the airport premises. If the motor |
2176 | vehicle is to be removed from airport premises by the airport's |
2177 | wrecker, the airport must follow the procedures in subsections |
2178 | (2)-(8). The procedures in subsections (2)-(8) do not apply if |
2179 | the motor vehicle is removed from the airport premises by a |
2180 | licensed independent wrecker company. |
2181 | (2) The airport director or the director's designee shall |
2182 | contact the Department of Highway Safety and Motor Vehicles to |
2183 | notify that department that the airport has possession of the |
2184 | abandoned or derelict motor vehicle and to determine the name |
2185 | and address of the owner of the motor vehicle, the insurance |
2186 | company insuring the motor vehicle notwithstanding the |
2187 | provisions of s. 627.736, and any person who has filed a lien on |
2188 | the motor vehicle. Within 7 business days after receipt of the |
2189 | information, the director or the director's designee shall send |
2190 | notice by certified mail, return receipt requested, to the owner |
2191 | of the motor vehicle, the insurance company insuring the motor |
2192 | vehicle notwithstanding the provisions of s. 627.736, and all |
2193 | persons of record claiming a lien against the motor vehicle. The |
2194 | notice shall state the fact of possession of the motor vehicle, |
2195 | that charges for reasonable towing, storage, and parking fees, |
2196 | if any, have accrued and the amount thereof, that a lien as |
2197 | provided in subsection (6) will be claimed, that the lien is |
2198 | subject to enforcement pursuant to law, that the owner or |
2199 | lienholder, if any, has the right to a hearing as set forth in |
2200 | subsection (4), and that any motor vehicle which, at the end of |
2201 | 30 calendar days after receipt of the notice, has not been |
2202 | removed from the airport upon payment in full of all accrued |
2203 | charges for reasonable towing, storage, and parking fees, if |
2204 | any, may be disposed of as provided in s. 705.182(2)(a), (b), |
2205 | (d), or (e), including, but not limited to, the motor vehicle |
2206 | being sold free of all prior liens after 35 calendar days after |
2207 | the time the motor vehicle is stored if any prior liens on the |
2208 | motor vehicle are more than 5 years of age or after 50 calendar |
2209 | days after the time the motor vehicle is stored if any prior |
2210 | liens on the motor vehicle are 5 years of age or less. |
2211 | (3) If attempts to notify the owner or lienholder pursuant |
2212 | to subsection (2) are not successful, the requirement of notice |
2213 | by mail shall be considered met and the director or the |
2214 | director's designee, in accordance with subsection (5), may |
2215 | cause the motor vehicle to be disposed of as provided in s. |
2216 | 705.182(2)(a), (b), (d), or (e), including, but not limited to, |
2217 | the motor vehicle being sold free of all prior liens after 35 |
2218 | calendar days after the time the motor vehicle is stored if any |
2219 | prior liens on the motor vehicle are more than 5 years of age or |
2220 | after 50 calendar days after the time the motor vehicle is |
2221 | stored if any prior liens on the motor vehicle are 5 years of |
2222 | age or less. |
2223 | (4)(a) The owner of, or any person with a lien on, a motor |
2224 | vehicle removed pursuant to subsection (1), may, within 10 |
2225 | calendar days after the time he or she has knowledge of the |
2226 | location of the motor vehicle, file a complaint in the county |
2227 | court of the county in which the motor vehicle is stored to |
2228 | determine if his or her property was wrongfully taken or |
2229 | withheld. |
2230 | (b) Upon filing a complaint, an owner or lienholder may |
2231 | have his or her motor vehicle released upon posting with the |
2232 | court a cash or surety bond or other adequate security equal to |
2233 | the amount of the fees for towing, storage, and accrued parking, |
2234 | if any, to ensure the payment of such fees in the event he or |
2235 | she does not prevail. Upon the posting of the bond or other |
2236 | adequate security and the payment of any applicable fee, the |
2237 | clerk of the court shall issue a certificate notifying the |
2238 | airport of the posting of the bond or other adequate security |
2239 | and directing the airport to release the motor vehicle. At the |
2240 | time of such release, after reasonable inspection, the owner or |
2241 | lienholder shall give a receipt to the airport reciting any |
2242 | claims he or she has for loss or damage to the motor vehicle or |
2243 | the contents thereof. |
2244 | (5) If, after 30 calendar days after receipt of the |
2245 | notice, the owner or any person claiming a lien has not removed |
2246 | the motor vehicle from its storage location upon payment in full |
2247 | of all accrued charges for reasonable towing, storage, and |
2248 | parking fees, if any, or shown reasonable cause for the failure |
2249 | to do so, the airport director or the director's designee may |
2250 | dispose of the motor vehicle as provided in s. 705.182(2)(a), |
2251 | (b), (d), or (e). If the airport elects to sell the motor |
2252 | vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be |
2253 | sold free of all prior liens after 35 calendar days after the |
2254 | time the motor vehicle is stored if any prior liens on the motor |
2255 | vehicle are more than 5 years of age or after 50 calendar days |
2256 | after the time the motor vehicle is stored if any prior liens on |
2257 | the motor vehicle are 5 years of age or less. The sale shall be |
2258 | a public auction either on the Internet or at a specified |
2259 | physical location. If the date of the sale was not included in |
2260 | the notice required in subsection (2), notice of the sale, sent |
2261 | by certified mail, return receipt requested, shall be given to |
2262 | the owner of the motor vehicle and to all persons claiming a |
2263 | lien on the motor vehicle. Such notice shall be mailed not less |
2264 | than 10 calendar days before the date of the sale. In addition |
2265 | to the notice by mail, public notice of the time and place of |
2266 | the sale at auction shall be made by publishing a notice thereof |
2267 | one time, at least 10 calendar days prior to the date of sale, |
2268 | in a newspaper of general circulation in the county in which the |
2269 | sale is to be held. All costs incurred by the airport for the |
2270 | towing, storage, and sale of the motor vehicle, as well as all |
2271 | accrued parking fees, if any, shall be recovered by the airport |
2272 | from the proceeds of the sale, and any proceeds of the sale in |
2273 | excess of such costs shall be retained by the airport for use by |
2274 | the airport in any manner authorized by law. |
2275 | (6) The airport pursuant to this section or, if used, a |
2276 | licensed independent wrecker company pursuant to s. 713.78 shall |
2277 | have a lien on an abandoned or derelict motor vehicle for all |
2278 | reasonable towing, storage, and accrued parking fees, if any, |
2279 | except that no storage fee shall be charged if the motor vehicle |
2280 | is stored less than 6 hours. As a prerequisite to perfecting a |
2281 | lien under this section, the airport director or the director's |
2282 | designee must serve a notice in accordance with subsection (2) |
2283 | on the owner of the motor vehicle, the insurance company |
2284 | insuring the motor vehicle notwithstanding the provisions of s. |
2285 | 627.736, and all persons of record claiming a lien against the |
2286 | motor vehicle. If attempts to notify the owner, the insurance |
2287 | company insuring the motor vehicle notwithstanding the |
2288 | provisions of s. 627.736, or lienholders are not successful, the |
2289 | requirement of notice by mail shall be considered met. Serving |
2290 | of the notice does not dispense with recording the claim of |
2291 | lien. |
2292 | (7)(a) For the purpose of perfecting its lien under this |
2293 | section, the airport shall record a claim of lien which shall |
2294 | state: |
2295 | 1. The name and address of the airport. |
2296 | 2. The name of the owner of the motor vehicle, the |
2297 | insurance company insuring the motor vehicle notwithstanding the |
2298 | provisions of s. 627.736, and all persons of record claiming a |
2299 | lien against the motor vehicle. |
2300 | 3. The costs incurred from reasonable towing, storage, and |
2301 | parking fees, if any. |
2302 | 4. A description of the motor vehicle sufficient for |
2303 | identification. |
2304 | (b) The claim of lien shall be signed and sworn to or |
2305 | affirmed by the airport director or the director's designee. |
2306 | (c) The claim of lien shall be sufficient if it is in |
2307 | substantially the following form: |
2308 |
|
2309 | CLAIM OF LIEN |
2310 | State of ______ |
2311 | County of ______ |
2312 | Before me, the undersigned notary public, personally appeared |
2313 | ______, who was duly sworn and says that he/she is the |
2314 | ________of _____________, whose address is________; and that the |
2315 | following described motor vehicle: |
2316 | (Description of motor vehicle) |
2317 | owned by __________, whose address is ____________, has accrued |
2318 | $___________in fees for a reasonable tow, for storage, and for |
2319 | parking, if applicable; that the lienor served its notice to the |
2320 | owner, the insurance company insuring the motor vehicle |
2321 | notwithstanding the provisions of s. 627.736, Florida Statutes, |
2322 | and all persons of record claiming a lien against the motor |
2323 | vehicle on ____, (year), by________. |
2324 | (Signature) |
2325 | Sworn to (or affirmed) and subscribed before me this _____day |
2326 | of___, (year), by (name of person making statement). |
2327 | (Signature of Notary Public)(Print, Type, or Stamp Commissioned |
2328 | name of Notary Public) |
2329 | Personally Known___OR Produced_____as identification. |
2330 |
|
2331 | However, the negligent inclusion or omission of any information |
2332 | in this claim of lien which does not prejudice the owner does |
2333 | not constitute a default that operates to defeat an otherwise |
2334 | valid lien. |
2335 | (d) The claim of lien shall be served on the owner of the |
2336 | motor vehicle, the insurance company insuring the motor vehicle |
2337 | notwithstanding the provisions of s. 627.736, and all persons of |
2338 | record claiming a lien against the motor vehicle. If attempts to |
2339 | notify the owner, the insurance company insuring the motor |
2340 | vehicle notwithstanding the provisions of s. 627.736, or |
2341 | lienholders are not successful, the requirement of notice by |
2342 | mail shall be considered met. The claim of lien shall be so |
2343 | served before recordation. |
2344 | (e) The claim of lien shall be recorded with the clerk of |
2345 | court in the county where the airport is located. The recording |
2346 | of the claim of lien shall be constructive notice to all persons |
2347 | of the contents and effect of such claim. The lien shall attach |
2348 | at the time of recordation and shall take priority as of that |
2349 | time. |
2350 | (8) A purchaser or recipient in good faith of a motor |
2351 | vehicle sold or obtained under this section takes the property |
2352 | free of the rights of persons then holding any legal or |
2353 | equitable interest thereto, whether or not recorded. |
2354 | Section 43. Subsection (3) of section 288.063, Florida |
2355 | Statutes, is amended to read: |
2356 | 288.063 Contracts for transportation projects.-- |
2357 | (3) With respect to any contract executed pursuant to this |
2358 | section, the term "transportation project" means a |
2359 | transportation facility as defined in s. 334.03(28)(31) which is |
2360 | necessary in the judgment of the Office of Tourism, Trade, and |
2361 | Economic Development to facilitate the economic development and |
2362 | growth of the state. Except for applications received prior to |
2363 | July 1, 1996, such transportation projects shall be approved |
2364 | only as a consideration to attract new employment opportunities |
2365 | to the state or expand or retain employment in existing |
2366 | companies operating within the state, or to allow for the |
2367 | construction or expansion of a state or federal correctional |
2368 | facility in a county with a population of 75,000 or less that |
2369 | creates new employment opportunities or expands or retains |
2370 | employment in the county. The Office of Tourism, Trade, and |
2371 | Economic Development shall institute procedures to ensure that |
2372 | small and minority businesses have equal access to funding |
2373 | provided under this section. Funding for approved transportation |
2374 | projects may include any expenses, other than administrative |
2375 | costs and equipment purchases specified in the contract, |
2376 | necessary for new, or improvement to existing, transportation |
2377 | facilities. Funds made available pursuant to this section may |
2378 | not be expended in connection with the relocation of a business |
2379 | from one community to another community in this state unless the |
2380 | Office of Tourism, Trade, and Economic Development determines |
2381 | that without such relocation the business will move outside this |
2382 | state or determines that the business has a compelling economic |
2383 | rationale for the relocation which creates additional jobs. |
2384 | Subject to appropriation for projects under this section, any |
2385 | appropriation greater than $10 million shall be allocated to |
2386 | each of the districts of the Department of Transportation to |
2387 | ensure equitable geographical distribution. Such allocated funds |
2388 | that remain uncommitted by the third quarter of the fiscal year |
2389 | shall be reallocated among the districts based on pending |
2390 | project requests. |
2391 | Section 44. Paragraph (b) of subsection (3) of section |
2392 | 311.07, Florida Statutes, is amended to read: |
2393 | 311.07 Florida seaport transportation and economic |
2394 | development funding.-- |
2395 | (3) |
2396 | (b) Projects eligible for funding by grants under the |
2397 | program are limited to the following port facilities or port |
2398 | transportation projects: |
2399 | 1. Transportation facilities within the jurisdiction of |
2400 | the port. |
2401 | 2. The dredging or deepening of channels, turning basins, |
2402 | or harbors. |
2403 | 3. The construction or rehabilitation of wharves, docks, |
2404 | structures, jetties, piers, storage facilities, cruise |
2405 | terminals, automated people mover systems, or any facilities |
2406 | necessary or useful in connection with any of the foregoing. |
2407 | 4. The acquisition of vessel tracking systems, container |
2408 | cranes, or other mechanized equipment used in the movement of |
2409 | cargo or passengers in international commerce. |
2410 | 5. The acquisition of land to be used for port purposes. |
2411 | 6. The acquisition, improvement, enlargement, or extension |
2412 | of existing port facilities. |
2413 | 7. Environmental protection projects which are necessary |
2414 | because of requirements imposed by a state agency as a condition |
2415 | of a permit or other form of state approval; which are necessary |
2416 | for environmental mitigation required as a condition of a state, |
2417 | federal, or local environmental permit; which are necessary for |
2418 | the acquisition of spoil disposal sites and improvements to |
2419 | existing and future spoil sites; or which result from the |
2420 | funding of eligible projects listed in this paragraph. |
2421 | 8. Transportation facilities as defined in s. |
2422 | 334.03(28)(31) which are not otherwise part of the Department of |
2423 | Transportation's adopted work program. |
2424 | 9. Seaport intermodal access projects identified in the 5- |
2425 | year Florida Seaport Mission Plan as provided in s. 311.09(3). |
2426 | 10. Construction or rehabilitation of port facilities as |
2427 | defined in s. 315.02, excluding any park or recreational |
2428 | facilities, in ports listed in s. 311.09(1) with operating |
2429 | revenues of $5 million or less, provided that such projects |
2430 | create economic development opportunities, capital improvements, |
2431 | and positive financial returns to such ports. |
2432 | Section 45. Subsection (7) of section 311.09, Florida |
2433 | Statutes, is amended to read: |
2434 | 311.09 Florida Seaport Transportation and Economic |
2435 | Development Council.-- |
2436 | (7) The Department of Transportation shall review the list |
2437 | of projects approved by the council for consistency with the |
2438 | Florida Transportation Plan and the department's adopted work |
2439 | program. In evaluating the consistency of a project, the |
2440 | department shall determine whether the transportation impact of |
2441 | the proposed project is adequately handled by existing state- |
2442 | owned transportation facilities or by the construction of |
2443 | additional state-owned transportation facilities as identified |
2444 | in the Florida Transportation Plan and the department's adopted |
2445 | work program. In reviewing for consistency a transportation |
2446 | facility project as defined in s. 334.03(28)(31) which is not |
2447 | otherwise part of the department's work program, the department |
2448 | shall evaluate whether the project is needed to provide for |
2449 | projected movement of cargo or passengers from the port to a |
2450 | state transportation facility or local road. If the project is |
2451 | needed to provide for projected movement of cargo or passengers, |
2452 | the project shall be approved for consistency as a consideration |
2453 | to facilitate the economic development and growth of the state |
2454 | in a timely manner. The Department of Transportation shall |
2455 | identify those projects which are inconsistent with the Florida |
2456 | Transportation Plan and the adopted work program and shall |
2457 | notify the council of projects found to be inconsistent. |
2458 | Section 46. Section 316.2122, Florida Statutes, is amended |
2459 | to read: |
2460 | 316.2122 Operation of a low-speed vehicle on certain |
2461 | roadways.--The operation of a low-speed vehicle, as defined in |
2462 | s. 320.01(42), on any road under the jurisdiction of a county or |
2463 | municipality or on an urban minor arterial road under the |
2464 | jurisdiction of the Department of Transportation as defined in |
2465 | s. 334.03(15) or (33), is authorized with the following |
2466 | restrictions: |
2467 | (1) A low-speed vehicle may be operated only on streets |
2468 | where the posted speed limit is 35 miles per hour or less. This |
2469 | does not prohibit a low-speed vehicle from crossing a road or |
2470 | street at an intersection where the road or street has a posted |
2471 | speed limit of more than 35 miles per hour. |
2472 | (2) A low-speed vehicle must be equipped with headlamps, |
2473 | stop lamps, turn signal lamps, taillamps, reflex reflectors, |
2474 | parking brakes, rearview mirrors, windshields, seat belts, and |
2475 | vehicle identification numbers. |
2476 | (3) A low-speed vehicle must be registered and insured in |
2477 | accordance with s. 320.02. |
2478 | (4) Any person operating a low-speed vehicle must have in |
2479 | his or her possession a valid driver's license. |
2480 | (5) A county or municipality may prohibit the operation of |
2481 | low-speed vehicles on any road under its jurisdiction if the |
2482 | governing body of the county or municipality determines that |
2483 | such prohibition is necessary in the interest of safety. |
2484 | (6) The Department of Transportation may prohibit the |
2485 | operation of low-speed vehicles on any road under its |
2486 | jurisdiction if it determines that such prohibition is necessary |
2487 | in the interest of safety. |
2488 | Section 47. Paragraph (c) of subsection (5) of section |
2489 | 316.515, Florida Statutes, is amended to read: |
2490 | 316.515 Maximum width, height, length.-- |
2491 | (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; |
2492 | AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY |
2493 | REQUIREMENTS.-- |
2494 | (c) The width and height limitations of this section do |
2495 | not apply to farming or agricultural equipment, whether self- |
2496 | propelled, pulled, or hauled, when temporarily operated during |
2497 | daylight hours upon a public road that is not a limited access |
2498 | facility as defined in s. 334.03(11)(13), and the width and |
2499 | height limitations may be exceeded by such equipment without a |
2500 | permit. To be eligible for this exemption, the equipment shall |
2501 | be operated within a radius of 50 miles of the real property |
2502 | owned, rented, or leased by the equipment owner. However, |
2503 | equipment being delivered by a dealer to a purchaser is not |
2504 | subject to the 50-mile limitation. Farming or agricultural |
2505 | equipment greater than 174 inches in width must have one warning |
2506 | lamp mounted on each side of the equipment to denote the width |
2507 | and must have a slow-moving vehicle sign. Warning lamps required |
2508 | by this paragraph must be visible from the front and rear of the |
2509 | vehicle and must be visible from a distance of at least 1,000 |
2510 | feet. |
2511 | Section 48. Paragraph (b) of subsection (7) of section |
2512 | 332.14, Florida Statutes, is amended to read: |
2513 | 332.14 Secure Airports for Florida's Economy Council.-- |
2514 | (7) The SAFE council may utilize, as appropriate and with |
2515 | legislative spending authorization, any federal, state, and |
2516 | local government contributions as well as private donations to |
2517 | fund SAFE Master Plan projects. |
2518 | (b) The council shall review and approve or disapprove |
2519 | each project eligible to be funded pursuant to this act. The |
2520 | council shall annually submit a list of projects which have been |
2521 | approved by the council to the Secretary of Transportation, the |
2522 | Secretary of Community Affairs, the executive director of the |
2523 | Department of Law Enforcement, and the director of the Office of |
2524 | Tourism, Trade, and Economic Development. The list shall specify |
2525 | the recommended funding level for each project, and, if staged |
2526 | implementation of the project is appropriate, the funding |
2527 | requirements for each stage shall be specified. |
2528 | 1. The Department of Community Affairs shall review the |
2529 | list of projects approved by the council to determine |
2530 | consistency with approved local government comprehensive plans |
2531 | of the units of local government in which the airport is located |
2532 | and consistency with the airport master plan. The Department of |
2533 | Community Affairs shall identify and notify the council of those |
2534 | projects which are not consistent, to the maximum extent |
2535 | feasible, with such comprehensive plans and airport master |
2536 | plans. |
2537 | 2. The Department of Transportation shall review the list |
2538 | of projects approved by the council for consistency with the |
2539 | Florida Transportation Plan and the department's adopted work |
2540 | program. In evaluating the consistency of a project, the |
2541 | department shall determine whether the transportation impact of |
2542 | the proposed project is adequately handled by existing state- |
2543 | owned transportation facilities or by the construction of |
2544 | additional state-owned transportation facilities as identified |
2545 | in the Florida Transportation Plan and the department's adopted |
2546 | work program. In reviewing for consistency a transportation |
2547 | facility project as defined in s. 334.03(28)(31) which is not |
2548 | otherwise part of the department's work program, the department |
2549 | shall evaluate whether the project is needed to provide for |
2550 | projected movement of cargo or passengers from the airport to a |
2551 | state transportation facility or local road. If the project is |
2552 | needed to provide for projected movement of cargo or passengers, |
2553 | the project shall be approved for consistency as a consideration |
2554 | to facilitate the economic development and growth of the state |
2555 | in a timely manner. The department shall identify those projects |
2556 | which are inconsistent with the Florida Transportation Plan and |
2557 | the adopted work program and shall notify the council of |
2558 | projects found to be inconsistent. |
2559 | 3. The Office of Tourism, Trade, and Economic Development, |
2560 | in consultation with Enterprise Florida, Inc., shall review the |
2561 | list of projects approved by the council to evaluate the |
2562 | economic benefit of the project and to determine whether the |
2563 | project is consistent with the SAFE Master Plan. The Office of |
2564 | Tourism, Trade, and Economic Development shall review the |
2565 | economic benefits of each project based upon the rules adopted |
2566 | pursuant to paragraph (a). The Office of Tourism, Trade, and |
2567 | Economic Development shall identify those projects which it has |
2568 | determined do not offer an economic benefit to the state or are |
2569 | not consistent with the SAFE Master Plan and shall notify the |
2570 | council of its findings. |
2571 | 4. The Department of Law Enforcement shall review the list |
2572 | of projects approved by the council for consistency with |
2573 | domestic security provisions of ss. 943.03101, 943.0311, and |
2574 | 943.0312. The Department of Law Enforcement shall identify those |
2575 | projects that it has determined are inconsistent with the |
2576 | state's strategic plan for domestic security and shall notify |
2577 | the council of its findings. |
2578 | Section 49. Section 336.01, Florida Statutes, is amended |
2579 | to read: |
2580 | 336.01 Designation of county road system.--The county road |
2581 | system shall be as defined in s. 334.03(6)(8). |
2582 | Section 50. Subsection (2) of section 338.222, Florida |
2583 | Statutes, is amended to read: |
2584 | 338.222 Department of Transportation sole governmental |
2585 | entity to acquire, construct, or operate turnpike projects; |
2586 | exception.-- |
2587 | (2) The department may contract with any local |
2588 | governmental entity as defined in s. 334.03(12)(14) for the |
2589 | design, right-of-way acquisition, or construction of any |
2590 | turnpike project which the Legislature has approved. Local |
2591 | governmental entities may negotiate with the department for the |
2592 | design, right-of-way acquisition, and construction of any |
2593 | section of the turnpike project within areas of their respective |
2594 | jurisdictions or within counties with which they have interlocal |
2595 | agreements. |
2596 | Section 51. Paragraph (a) of subsection (2) of section |
2597 | 403.7211, Florida Statutes, is amended to read: |
2598 | 403.7211 Hazardous waste facilities managing hazardous |
2599 | wastes generated offsite; federal facilities managing hazardous |
2600 | waste.-- |
2601 | (2) The department shall not issue any permit under s. |
2602 | 403.722 for the construction, initial operation, or substantial |
2603 | modification of a facility for the disposal, storage, or |
2604 | treatment of hazardous waste generated offsite which is proposed |
2605 | to be located in any of the following locations: |
2606 | (a) Any area where life-threatening concentrations of |
2607 | hazardous substances could accumulate at any residence or |
2608 | residential subdivision as the result of a catastrophic event at |
2609 | the proposed facility, unless each such residence or residential |
2610 | subdivision is served by at least one arterial road or urban |
2611 | minor arterial road that, as defined in s. 334.03, which |
2612 | provides safe and direct egress by land to an area where such |
2613 | life-threatening concentrations of hazardous substances could |
2614 | not accumulate in a catastrophic event. Egress by any road |
2615 | leading from any residence or residential subdivision to any |
2616 | point located within 1,000 yards of the proposed facility is |
2617 | unsafe for the purposes of this paragraph. In determining |
2618 | whether egress proposed by the applicant is safe and direct, the |
2619 | department shall also consider, at a minimum, the following |
2620 | factors: |
2621 | 1. Natural barriers such as water bodies, and whether any |
2622 | road in the proposed evacuation route is impaired by a natural |
2623 | barrier such as a water body; |
2624 | 2. Potential exposure during egress and potential |
2625 | increases in the duration of exposure; |
2626 | 3. Whether any road in a proposed evacuation route passes |
2627 | in close proximity to the facility; and |
2628 | 4. Whether any portion of the evacuation route is |
2629 | inherently directed toward the facility. |
2630 |
|
2631 | For the purposes of this subsection, all distances shall be |
2632 | measured from the outer limit of the active hazardous waste |
2633 | management area. "Substantial modification" includes: any |
2634 | physical change in, change in the operations of, or addition to |
2635 | a facility which could increase the potential offsite impact, or |
2636 | risk of impact, from a release at that facility; and any change |
2637 | in permit conditions which is reasonably expected to lead to |
2638 | greater potential impacts or risks of impacts, from a release at |
2639 | that facility. "Substantial modification" does not include a |
2640 | change in operations, structures, or permit conditions which |
2641 | does not substantially increase either the potential impact |
2642 | from, or the risk of, a release. Physical or operational changes |
2643 | to a facility related solely to the management of nonhazardous |
2644 | waste at the facility shall not be considered a substantial |
2645 | modification. The department shall, by rule, adopt criteria to |
2646 | determine whether a facility has been substantially modified. |
2647 | "Initial operation" means the initial commencement of operations |
2648 | at the facility. |
2649 | Section 52. Subsection (24) of section 479.01, Florida |
2650 | Statutes, is amended to read: |
2651 | 479.01 Definitions.--As used in this chapter, the term: |
2652 | (24) "Urban area" has the same meaning as defined in s. |
2653 | 334.03(29)(32). |
2654 | Section 53. Ronshay Dugans Act.--The first week of |
2655 | September is designated as "Drowsy Driving Prevention Week" in |
2656 | this state. During Drowsy Driving Prevention Week, the |
2657 | Department of Highway Safety and Motor Vehicles and the |
2658 | Department of Transportation are encouraged to educate the law |
2659 | enforcement community and the public about the relationship |
2660 | between fatigue and performance and the research showing fatigue |
2661 | to be as much of an impairment as alcohol and as dangerous |
2662 | behind the wheel. This section may be cited as the "Ronshay |
2663 | Dugans Act." |
2664 | Section 54. (1) The Northwest Florida Regional |
2665 | Transportation Planning Organization, an interlocal agency under |
2666 | part I of chapter 163, Florida Statutes, is authorized to study |
2667 | the feasibility of advance-funding the costs of capacity |
2668 | projects in its member counties and making recommendations to |
2669 | the Legislature by February 1, 2010. The Department of |
2670 | Transportation may assist the organization in conducting the |
2671 | study. |
2672 | (2) Results of any study authorized by this section shall |
2673 | be provided to the Governor, the President of the Senate, the |
2674 | Speaker of the House of Representatives, the department, any |
2675 | metropolitan planning organization in any county served by the |
2676 | organization, and the counties served by the organization and |
2677 | shall discuss the financial feasibility of advance-funding the |
2678 | costs of capacity projects in the Northwest Florida Regional |
2679 | Transportation Planning Organization's member counties. The |
2680 | study must be based on the following assumptions: |
2681 | (a) Any advanced projects must be consistent with the |
2682 | Northwest Florida Regional Transportation Planning |
2683 | Organization's 5-year plan and the department's work program. |
2684 | (b) Any bonds shall have a maturity not to exceed 30 |
2685 | years. |
2686 | (c) A maximum of 25 percent of the department's capacity |
2687 | funds allocated annually to the counties served by the Northwest |
2688 | Florida Regional Transportation Planning Organization may be |
2689 | used to pay debt service on the bonds. |
2690 | (d) Bond proceeds may only be used for the following |
2691 | components of a construction project on a state road: planning, |
2692 | engineering, design, right-of-way acquisition, and construction. |
2693 | (e) The cost of the projects must be balanced with the |
2694 | proceeds available from the bonds. |
2695 | (f) The department shall have final approval of the |
2696 | projects financed through the sale of bonds. |
2697 | (3) The study shall contain: |
2698 | (a) An analysis of the financial feasibility of advancing |
2699 | capacity projects in the Northwest Florida Regional |
2700 | Transportation Planning Organization's member counties. |
2701 | (b) A long-range, cost-feasible finance plan that |
2702 | identifies the project cost, revenues by source, financing, |
2703 | major assumptions, and a total cash flow analysis beginning with |
2704 | implementation of the project and extending through final |
2705 | completion of the project. |
2706 | (c) A tentative list of capacity projects and the priority |
2707 | in which they would be advanced. These projects must be |
2708 | consistent with the criteria in s. 339.135(2)(b), Florida |
2709 | Statutes. |
2710 | (d) A 5-year work program of the projects to be advanced. |
2711 | This program must be consistent with chapter 339, Florida |
2712 | Statutes. |
2713 | (e) A report of any statutory changes, including a draft |
2714 | bill, needed to give the Northwest Florida Regional |
2715 | Transportation Planning Organization the ability to advance |
2716 | construction projects. The draft bill language shall address, at |
2717 | a minimum: |
2718 | 1. Developing a list of road projects to be advanced, |
2719 | consistent with the organization's 5-year plan. |
2720 | 2. Giving the department the authority to review projects |
2721 | to determine consistency with its current work program. |
2722 | 3. Giving the organization the authority to issue bonds |
2723 | with a maturity of not greater than 30 years. |
2724 | 4. Requiring proceeds of the bonds to be delivered to the |
2725 | department to pay the cost of completing the projects. |
2726 | 5. Requiring the road projects to be consistent with the |
2727 | organization's 5-year plan. |
2728 | 6. Permitting any participating county to elect to |
2729 | undertake responsibility for the payment of a portion of the |
2730 | cost of any project in the county pursuant to an agreement with |
2731 | the organization and the department. |
2732 | 7. Providing that, in each year that the bonds are |
2733 | outstanding, no more than 25 percent of the state transportation |
2734 | funds appropriated for capacity projects advanced pursuant to |
2735 | the terms of this section and within the area of operation of |
2736 | the organization shall be paid over to the organization for the |
2737 | purpose of paying debt service on bonds the organization issued |
2738 | for such capacity projects. Such payments shall be made in lieu |
2739 | of programming any new projects in the work program. |
2740 | 8. In the event that the capacity funds allocated to the |
2741 | member counties of the organization are less than the amount |
2742 | needed to satisfy the payment requirements under the contract, |
2743 | the department shall defer the funded capacity on any other |
2744 | projects in the member counties of the organization to the |
2745 | extent necessary to make up such deficiency, so as to enable the |
2746 | organization to make the required debt service payments on the |
2747 | bonds or to replenish the reserves established for the bonds |
2748 | which may have been used to make up such deficiency. Under no |
2749 | circumstances shall the department provide any funds for these |
2750 | capacity projects in excess of the amount that would be |
2751 | allocated to the member counties pursuant to statutory formula |
2752 | and legislative appropriation. |
2753 | 9. Providing that the bonds shall state on their face that |
2754 | they do not constitute a pledge of the full faith or taxing |
2755 | power of the state, and no holder of any bond shall have the |
2756 | right to compel payment of the bonds from any funds of the |
2757 | state, other than amounts required to be paid to the |
2758 | organization under the contract. The bonds shall be limited and |
2759 | special obligations payable solely from the sources described |
2760 | herein. |
2761 | 10. Establishing such other terms and provisions as may be |
2762 | deemed reasonable and necessary to enable the organization to |
2763 | market the bonds at the most advantageous rates possible. |
2764 | (4) The Legislature may authorize the implementation of |
2765 | the Northwest Florida Regional Transportation Planning |
2766 | Organization's study after a satisfactory showing that these |
2767 | prerequisites have been met and that any source of funding for |
2768 | any bonds to be issued has been approved by the Department of |
2769 | Transportation. |
2770 | Section 55. The Department of Transportation shall direct |
2771 | a study to be conducted and funded by the authority created in |
2772 | chapter 349, Florida Statutes, for the purpose of recommending |
2773 | to the Legislature the framework for a regional transportation |
2774 | authority for the northeast region of Florida, composed of the |
2775 | following counties and each of the municipalities located |
2776 | therein: Baker, Clay, Duval, Flagler, Nassau, Putnam, and St. |
2777 | Johns. The study shall include, at a minimum, the existing |
2778 | powers and duties of the authority, as well as the additional |
2779 | powers and duties necessary for the agency to plan, design, |
2780 | finance, construct, operate, and maintain transportation |
2781 | facilities providing a safe, adequate, and efficient surface |
2782 | transportation network for the region, consistent with the |
2783 | statewide transportation network. In addition, the study shall |
2784 | address agency revenue sources, governance, coordination of work |
2785 | plans, and coordination with local comprehensive plans for all |
2786 | transportation facilities of the agency. Recommendations shall |
2787 | be delivered to the President of the Senate and Speaker of the |
2788 | House of Representatives no later than February 1, 2010. |
2789 | Section 56. Florida Transportation Revenue Study |
2790 | Commission.-- |
2791 | (1) The Legislature finds and declares that the costs of |
2792 | preserving investments in transportation infrastructure and |
2793 | eliminating or reducing congestion in the movement of people and |
2794 | goods is expected to substantially increase, and those costs |
2795 | will have a commensurate effect on the state's economy, |
2796 | environment, and quality of life. |
2797 | (2) The Florida Transportation Revenue Study Commission is |
2798 | created for the purpose of studying state, regional, and local |
2799 | transportation needs and developing new and innovative funding |
2800 | options and recommendations that address this state's future |
2801 | transportation needs. The commission shall submit a written |
2802 | report to the Legislature containing its findings and |
2803 | recommendations by January 1, 2011. The report presented by the |
2804 | commission shall, at a minimum, include findings and |
2805 | recommendations regarding: |
2806 | (a) The stability of existing transportation revenue |
2807 | sources, taking into account energy-efficient vehicles, emerging |
2808 | technologies, alternative fuels, and other state and federal |
2809 | initiatives. |
2810 | (b) The funding needs of state, regional, and local |
2811 | transportation facilities and services and the ability to |
2812 | address those needs. |
2813 | (c) New and innovative funding options that can be used by |
2814 | the state, metropolitan planning organizations, local |
2815 | governments, and other major transportation providers to fund |
2816 | transportation facilities and services. |
2817 | (3) The commission shall consist of 13 members. Three |
2818 | members shall be appointed by the Governor, three members shall |
2819 | be appointed by the President of the Senate, and three members |
2820 | shall be appointed by the Speaker of the House of |
2821 | Representatives. One member shall be the Secretary of |
2822 | Transportation, or the secretary's designee, one member shall be |
2823 | appointed by the Metropolitan Planning Organization Advisory |
2824 | Council, one member shall be appointed by the Florida |
2825 | Association of Counties, Inc., from among its members, and one |
2826 | member shall be appointed by the Florida League of Cities, Inc., |
2827 | from among its members. The membership of the commission must |
2828 | represent transportation organizations, local governments, |
2829 | developers and homebuilders, the business community, the |
2830 | environmental community, transportation labor organizations, and |
2831 | other appropriate stakeholders in the transportation system. One |
2832 | member shall be designated by the Governor as chair of the |
2833 | commission. Members shall be appointed to a term that ends July |
2834 | 1, 2011. Any vacancy that occurs on the commission shall be |
2835 | filled in the same manner as the original appointment. Members |
2836 | of the commission shall serve without compensation, but are |
2837 | entitled to reimbursement for per diem and travel expenses in |
2838 | accordance with s. 112.061, Florida Statutes, while in |
2839 | performance of their duties. |
2840 | (4) The first meeting of the commission shall be held by |
2841 | October 1, 2009, and thereafter the commission shall meet at the |
2842 | call of the chair but not less frequently than three times per |
2843 | year. Each member of the commission is entitled to one vote, and |
2844 | actions of the commission are not binding unless taken by a |
2845 | majority vote of the members present. A majority of the |
2846 | membership constitutes a quorum at any meeting of the |
2847 | commission. The commission may adopt its own rules of procedure |
2848 | and has such other powers as are necessary to complete its |
2849 | responsibilities. |
2850 | (5) The Center for Urban Transportation Research at the |
2851 | University of South Florida shall provide staff and other |
2852 | resources necessary to assist the commission in accomplishing |
2853 | its goals. All agencies under the control of the Governor are |
2854 | directed, and all other federal, state, and local agencies are |
2855 | requested, to render assistance to, and cooperate with, the |
2856 | commission. |
2857 | Section 57. Funding for the Florida Transportation Revenue |
2858 | Study Commission.--The sum of $225,000 in federal metropolitan |
2859 | planning funds is appropriated from the State Transportation |
2860 | Trust Fund to the Center for Urban Transportation Research at |
2861 | the University of South Florida for each of the 2009-2010 and |
2862 | 2010-2011 fiscal years for the purpose of paying the expenses of |
2863 | staff services and providing other related assistance to the |
2864 | Florida Transportation Revenue Study Commission. |
2865 | Section 58. This act shall take effect July 1, 2009. |
2866 |
|
2867 |
|
2868 | ----------------------------------------------------- |
2869 | T I T L E A M E N D M E N T |
2870 | Remove the entire title and insert: |
2871 | A bill to be entitled |
2872 | An act relating to transportation; amending s. 163.3180, |
2873 | F.S., relating to transportation concurrency; providing |
2874 | for evaluating whether certain necessary transportation |
2875 | facilities will be in place or under actual construction |
2876 | within a required timeframe; providing that certain |
2877 | projects or high-performance transit systems be considered |
2878 | as committed facilities; revising an exception to |
2879 | transportation concurrency requirements to provide for |
2880 | hangars used for assembly and manufacture of aircraft; |
2881 | exempting certain housing developments from concurrency |
2882 | requirements; revising provisions for a development of |
2883 | regional impact to satisfy specified concurrency |
2884 | requirements by paying a proportionate-share contribution |
2885 | for traffic impacts; providing that the cost of certain |
2886 | improvements shall be credited against a development of |
2887 | regional impact's proportionate-share contribution; |
2888 | requiring local government agreements relating to funding |
2889 | regional transportation impacts under certain |
2890 | circumstances; defining the term "backlog" as it applies |
2891 | to the impacts of development on transportation |
2892 | facilities; conforming a cross-reference; amending s. |
2893 | 212.05, F.S.; extending the time nonresident purchasers |
2894 | have to remove a boat from the state after purchase; |
2895 | providing for an extension decal to be issued by a dealer; |
2896 | imposing a decal cost; revising industry code |
2897 | designations; amending s. 212.055, F.S.; renaming the |
2898 | charter county transit system surtax; expanding the |
2899 | eligibility to levy the surtax to all charter counties; |
2900 | amending s. 316.1001; revising notification requirements |
2901 | for toll violation citations; clarifying conditions for |
2902 | issuance of a license plate; amending s. 316.1895, F.S.; |
2903 | authorizing alternative installation of Speeding Fines |
2904 | Doubled signs in advance of school zones; amending s. |
2905 | 316.29545, F.S.; excluding vehicles owned or leased by |
2906 | private investigative services from specified provisions |
2907 | restricting window sunscreening when such vehicle is used |
2908 | in specified activities; amending s. 316.515, F.S.; |
2909 | revising a limitation on the length of certain trailers |
2910 | issued a special permit by the department to deliver |
2911 | manufactured buildings; amending s. 316.535, F.S.; |
2912 | requiring specified scale tolerances to be applied to |
2913 | weight limits for vehicles on highways that are not in the |
2914 | Interstate Highway System; amending s. 316.545, F.S.; |
2915 | providing for a reduction in the gross weight of certain |
2916 | vehicles equipped with idle-reduction technologies when |
2917 | calculating a penalty for exceeding maximum weight limits; |
2918 | requiring the operator to provide certification of the |
2919 | weight of the idle-reduction technology and to demonstrate |
2920 | or certify that the idle-reduction technology is fully |
2921 | functional at all times; amending s. 316.605, F.S.; |
2922 | removing a requirement that motorcycle license plates be |
2923 | affixed and displayed in such a manner that the letters |
2924 | and numerals are legible from left to right parallel to |
2925 | the ground; amending s. 318.18; deleting authorization to |
2926 | suspend the driver's license of persons convicted of toll |
2927 | violations; amending 320.03; clarifying the entities that |
2928 | can verify payment of a fine; amending s. 322.27; |
2929 | prohibiting the assignment of points against a driver's |
2930 | license for toll violations; amending s. 334.03, F.S.; |
2931 | revising definitions relating to the Florida |
2932 | Transportation Code; amending s. 334.044, F.S.; revising |
2933 | powers and duties of the Department of Transportation; |
2934 | removing duty to assign jurisdictional responsibility and |
2935 | to designate existing facilities as part of the State |
2936 | Highway System; revising requirements related to |
2937 | conservation of roadside growth; amending s. 334.047, |
2938 | F.S.; removing a provision prohibiting the department from |
2939 | establishing a maximum number of miles of urban principal |
2940 | arterial roads within a district or county; amending s. |
2941 | 334.30, F.S.; providing for public-private partnership's |
2942 | business case to be submitted to the Council on Efficient |
2943 | Government; creating s. 336.445, F.S.; authorizing |
2944 | counties to enter into agreements with private entities |
2945 | for the building, operation, ownership, or financing of |
2946 | toll facilities; requiring public declaration; requiring a |
2947 | public hearing; requiring county to make certain |
2948 | determinations prior to awarding a project; providing |
2949 | requirements for an agreement; amending s. 337.0261, F.S.; |
2950 | providing legislative intent recognizing that construction |
2951 | aggregate materials mining is an industry of critical |
2952 | importance and that the mining of construction aggregate |
2953 | materials is in the public interest; amending s. 337.401, |
2954 | F.S.; revising provisions for rules of the department that |
2955 | provide for the placement of and access to certain |
2956 | electrical transmission lines on the right-of-way of |
2957 | department-controlled roads; authorizing the rules to |
2958 | include that the use of the limited access right-of-way |
2959 | for longitudinal placement of such transmission lines is |
2960 | reasonable based upon consideration of certain economic |
2961 | and environmental factors; defining the term "base-load |
2962 | generating facilities"; amending s. 339.2816, F.S., |
2963 | relating to the Small County Road Assistance Program; |
2964 | providing for resumption of certain funding for the |
2965 | program; revising criteria for program eligibility; |
2966 | revising criteria for prioritization of projects; amending |
2967 | s. 339.2818, F.S., relating to the Small County Outreach |
2968 | Program; revising the purpose of the program to include |
2969 | certain program types; revising eligibility and |
2970 | prioritization criteria; amending s. 339.64, F.S., |
2971 | relating to the Strategic Intermodal System Plan; removing |
2972 | provisions for the Statewide Intermodal Transportation |
2973 | Advisory Council; amending s. 341.071, F.S.; revising |
2974 | requirements for a report by transit providers relating to |
2975 | productivity and performance measures; requiring the |
2976 | report to address the use and effectiveness of high- |
2977 | performance transit systems; amending s. 348.0003, F.S.; |
2978 | providing for financial disclosure for expressway, |
2979 | transportation, bridge, and toll authorities; amending s. |
2980 | 348.51, F.S.; revising the definition of the terms "bonds" |
2981 | and "expressway system" in reference to the Tampa- |
2982 | Hillsborough County Expressway Authority Law; amending s. |
2983 | 348.53, F.S.; providing that the authority is to benefit |
2984 | the Tampa Bay Region; providing that the purpose of the |
2985 | authority includes transit support facilities; amending s. |
2986 | 348.54, F.S.; authorizing the Tampa-Hillsborough County |
2987 | Expressway Authority to make and issue notes, refunding |
2988 | bonds, and other evidences of indebtedness or obligations |
2989 | for specified purposes relating to the expressway system; |
2990 | prohibiting the authority from pledging the credit or |
2991 | taxing power of the state, a political subdivision, or |
2992 | agency; providing that the authority's obligations are not |
2993 | obligations of the state, a political subdivision, or an |
2994 | agency; providing that the state, a political subdivision, |
2995 | or an agency is not liable for the payment of the |
2996 | principal or interest on the authority's obligations; |
2997 | amending s. 348.545, F.S.; authorizing costs of authority |
2998 | improvements to be financed by bonds issued on behalf of |
2999 | the authority pursuant to the State Bond Act or bonds |
3000 | issued by the authority under specified provisions; |
3001 | amending s. 348.56, F.S.; authorizing bonds to be issued |
3002 | on behalf of the authority pursuant to the State Bond Act |
3003 | or issued by the authority under specified provisions; |
3004 | revising requirements for such bonds; requiring the bonds |
3005 | to be sold at public sale; authorizing the authority to |
3006 | negotiate the sale of bonds with underwriters under |
3007 | certain circumstances; amending s. 348.565, F.S.; |
3008 | providing that facilities of the expressway system are |
3009 | approved to be refinanced by the revenue bonds issued by |
3010 | the Division of Bond Finance of the State Board of |
3011 | Administration and the State Bond Act or by revenue bonds |
3012 | issued by the authority; providing that certain projects |
3013 | of the authority are approved for financing or refinancing |
3014 | by revenue bonds; providing an additional project type |
3015 | where the authority may use revenue bonds; amending s. |
3016 | 348.57, F.S.; authorizing the authority to provide for the |
3017 | issuance of certain bonds for the refunding of bonds |
3018 | outstanding regardless of whether the bonds being refunded |
3019 | were issued by the authority or on behalf of the |
3020 | authority; amending s. 348.70, F.S.; providing that the |
3021 | Tampa-Hillsborough County Expressway Authority Law does |
3022 | not repeal, rescind, or modify any other laws; providing |
3023 | that such law supersedes laws that are inconsistent with |
3024 | the provisions of that law; amending s. 369.317, F.S., |
3025 | relating to Wekiva Parkway; providing that the use of |
3026 | certain lands as environmental mitigation for road- |
3027 | construction-related impacts incurred by certain entities |
3028 | satisfies specified cumulative impact requirements; |
3029 | amending s. 380.06, F.S., relating to developments of |
3030 | regional impact; revising provisions for preapplication |
3031 | procedures for development approval; requiring the level- |
3032 | of-service standards in the transportation methodology |
3033 | applied to a development of regional impact to be the same |
3034 | level-of-service standards used to evaluate concurrency |
3035 | under specified provisions; designating parts I and II of |
3036 | ch. 479, F.S.; creating part III of ch. 479, F.S.; |
3037 | providing legislative intent; providing that the county |
3038 | court and circuit court have concurrent jurisdiction; |
3039 | requiring that all costs incurred by the department to |
3040 | remove signs in certain locations on the interstate |
3041 | highway system, the federal-aid primary highway system, or |
3042 | the State Highway System to be assessed and collected from |
3043 | certain persons under certain conditions; amending s. |
3044 | 705.18, F.S.; removing provisions for disposal of personal |
3045 | property lost or abandoned at certain public-use airports; |
3046 | creating s. 705.182, F.S.; providing for disposal of |
3047 | personal property found on premises owned or controlled by |
3048 | the operator of a public-use airport; providing a |
3049 | timeframe for the property to be claimed; providing |
3050 | options for disposing of such personal property; providing |
3051 | procedures for selling abandoned personal property; |
3052 | providing for notice of sale; permitting airport tenants |
3053 | to establish lost and found procedures; providing that |
3054 | purchaser holds title to the property free of the rights |
3055 | of persons then holding any legal or equitable interest |
3056 | thereto; creating s. 705.183, F.S.; providing for |
3057 | disposition of derelict or abandoned aircraft on the |
3058 | premises of public-use airports; providing procedures for |
3059 | such disposition; requiring a record of when the aircraft |
3060 | is found; defining the terms "derelict aircraft" and |
3061 | "abandoned aircraft"; providing for notification of |
3062 | aircraft owner and all persons having an equitable or |
3063 | legal interest in the aircraft; providing for notice if |
3064 | the owner of the aircraft is unknown or cannot be found; |
3065 | providing for disposition if the aircraft is not removed |
3066 | upon payment of required fees; requiring any sale of the |
3067 | aircraft to be at a public auction; providing notice |
3068 | requirements for such public auction; providing procedures |
3069 | for disposal of the aircraft; providing for liability if |
3070 | charges and costs related to the disposition are more than |
3071 | that obtained from the sale; providing for a lien by the |
3072 | airport for fees and charges; providing for notice of |
3073 | lien; requiring the filing of a claim of lien; providing |
3074 | for the form of the claim of lien; providing for service |
3075 | of the claim of lien; providing that the purchaser of the |
3076 | aircraft takes the property free of rights of persons |
3077 | holding legal or equitable interest in the aircraft; |
3078 | requiring purchaser or recipient to notify the Federal |
3079 | Aviation Administration of change in ownership; providing |
3080 | for disposition of moneys received for an aircraft sold at |
3081 | public sale; authorizing the airport to issue documents |
3082 | relating to the aircraft's disposal; creating s. 705.184, |
3083 | F.S.; providing for disposition of derelict or abandoned |
3084 | motor vehicles on the premises of public-use airports; |
3085 | providing procedures; requiring recording of the abandoned |
3086 | motor vehicle; defining the terms "derelict motor vehicle" |
3087 | and "abandoned motor vehicle"; providing for removal of |
3088 | such motor vehicle from airport premises; providing for |
3089 | notice to the owner, the company insuring the motor |
3090 | vehicle, and any lienholder; providing for disposition if |
3091 | the motor vehicle is not removed upon payment of required |
3092 | fees; requiring any sale of the motor vehicle to be at a |
3093 | public auction; providing notice requirements for such |
3094 | public auction; providing procedures for disposal of the |
3095 | motor vehicle; providing for liability if charges and |
3096 | costs related to the disposition are more than that |
3097 | obtained from the sale; providing for a lien by the |
3098 | airport or a licensed independent wrecker for fees and |
3099 | charges; providing for notice of lien; requiring the |
3100 | filing of a claim of lien; providing for the form of the |
3101 | claim of lien; providing for service of claim of lien; |
3102 | providing that the purchaser of the motor vehicle takes |
3103 | the property free of the rights of persons holding legal |
3104 | or equitable interest in the motor vehicle; amending ss. |
3105 | 288.063, 311.07, 311.09, 316.2122, 316.515, 332.14, |
3106 | 336.01, 338.222, 403.7211, and 479.01, F.S.; correcting |
3107 | cross-references; conforming provisions to changes made by |
3108 | the act; creating the Ronshay Dugans Act; designating the |
3109 | first week in September as "Drowsy Driving Prevention |
3110 | Week"; encouraging the Department of Highway Safety and |
3111 | Motor Vehicles and the Department of Transportation to |
3112 | educate the law enforcement community and the public about |
3113 | the relationship between fatigue and driving performance; |
3114 | authorizing the Northwest Florida Regional Transportation |
3115 | Planning Organization to conduct a study on advancing |
3116 | funds for certain construction projects; authorizing the |
3117 | Department of Transportation to assist with the study; |
3118 | requiring results of the study to be provided to the |
3119 | Governor, the Legislature, and certain entities; providing |
3120 | principles for the study; providing for content of the |
3121 | study; providing for legislative authorization prior to |
3122 | implementation of the study; providing legislative |
3123 | findings with respect to the need to preserve investments |
3124 | in transportation infrastructure and reduce congestion; |
3125 | providing legislative findings with respect to the need to |
3126 | preserve investments in transportation infrastructure and |
3127 | reduce congestion; creating the Florida Transportation |
3128 | Revenue Study Commission for the purpose of studying the |
3129 | state's transportation needs and developing |
3130 | recommendations; requiring that the commission submit a |
3131 | report to the Legislature by a specified date; |
3132 | establishing powers and duties of the commission; |
3133 | providing for membership and authorizing the reimbursement |
3134 | of members for per diem and travel expenses; providing |
3135 | requirements for meetings of the commission; requiring the |
3136 | Center for Urban Transportation Research at the University |
3137 | of South Florida to provide staff support to the |
3138 | commission; providing funding for the commission through |
3139 | federal funds for metropolitan transportation planning; |
3140 | providing an effective date. |