Amendment
Bill No. CS/SB 582
Amendment No. 797855
CHAMBER ACTION
Senate House
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1Representative Evers offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Paragraph (c) of subsection (2), paragraphs (b)
7and (c) of subsection (4), and subsection (12) of section
8163.3180, Florida Statutes, are amended, and paragraph (i) is
9added to subsection (16) of that section, to read:
10     163.3180  Concurrency.--
11     (2)
12     (c)  Consistent with the public welfare, and except as
13otherwise provided in this section, transportation facilities
14needed to serve new development shall be in place or under
15actual construction within 3 years after the local government
16approves a building permit or its functional equivalent that
17results in traffic generation. In evaluating whether such
18transportation facilities will be in place or under actual
19construction, the following shall be considered a committed
20facility:
21     1.  A project that is included in the first 3 years of a
22local government's adopted capital improvements plan;
23     2.  A project that is included in the first 3 years of the
24Department of Transportation's adopted work program; or
25     3.  A high-performance transit system that serves multiple
26municipalities, connects to an existing rail system, and is
27included in a county's or the Department of Transportation's
28long-range transportation plan.
29     (4)
30     (b)  The concurrency requirement as implemented in local
31comprehensive plans does not apply to public transit facilities.
32For the purposes of this paragraph, public transit facilities
33include transit stations and terminals; transit station parking;
34park-and-ride lots; intermodal public transit connection or
35transfer facilities; fixed bus, guideway, and rail stations; and
36airport passenger terminals and concourses, air cargo
37facilities, and hangars for the assembly, manufacture,
38maintenance, or storage of aircraft. As used in this paragraph,
39the terms "terminals" and "transit facilities" do not include
40seaports or commercial or residential development constructed in
41conjunction with a public transit facility.
42     (c)  The concurrency requirement, except as it relates to
43transportation facilities and public schools, as implemented in
44local government comprehensive plans, may be waived by a local
45government for urban infill and redevelopment areas designated
46pursuant to s. 163.2517 if such a waiver does not endanger
47public health or safety as defined by the local government in
48its local government comprehensive plan. The waiver shall be
49adopted as a plan amendment pursuant to the process set forth in
50s. 163.3187(3)(a). A local government may grant a concurrency
51exception pursuant to subsection (5) for transportation
52facilities located within these urban infill and redevelopment
53areas. Affordable housing developments that serve residents who
54have incomes at or below 60 percent of the area median income
55and are proposed to be located on arterial roadways that have
56public transit available are exempt from transportation
57concurrency requirements.
58     (12)(a)  A development of regional impact satisfies may
59satisfy the transportation concurrency requirements of the local
60comprehensive plan, the local government's concurrency
61management system, and s. 380.06 by paying payment of a
62proportionate-share contribution for local and regionally
63significant traffic impacts, if:
64     1.(a)  The development of regional impact which, based on
65its location or mix of land uses, is designed to encourage
66pedestrian or other nonautomotive modes of transportation;
67     2.(b)  The proportionate-share contribution for local and
68regionally significant traffic impacts is sufficient to pay for
69one or more required mobility improvements that will benefit the
70network of a regionally significant transportation facilities
71facility;
72     3.(c)  The owner and developer of the development of
73regional impact pays or assures payment of the proportionate-
74share contribution to the local government having jurisdiction
75over the development of regional impact; and
76     4.(d)  If the regionally significant transportation
77facility to be constructed or improved is under the maintenance
78authority of a governmental entity, as defined by s.
79334.03(10)(12), other than the local government with
80jurisdiction over the development of regional impact, the local
81government having jurisdiction over the development of regional
82impact must developer is required to enter into a binding and
83legally enforceable commitment to transfer funds to the
84governmental entity having maintenance authority or to otherwise
85assure construction or improvement of a the facility reasonably
86related to the mobility demands created by the development.
87     (b)  As used in this subsection, the term "backlog" means a
88facility or facilities on which the adopted level-of-service
89standard is exceeded by the existing trips, plus additional
90projected background trips from any source other than the
91development project under review that are forecast by
92established traffic standards, including traffic modeling,
93consistent with the University of Florida Bureau of Economic and
94Business Research medium population projections. Additional
95projected background trips are to be coincident with the
96particular stage or phase of development under review.
97     (c)  The proportionate-share contribution may be applied to
98any transportation facility to satisfy the provisions of this
99subsection and the local comprehensive plan, but, for the
100purposes of this subsection, the amount of the proportionate-
101share contribution shall be calculated based upon the cumulative
102number of trips from the proposed development expected to reach
103roadways during the peak hour from the complete buildout of a
104stage or phase being approved, divided by the change in the peak
105hour maximum service volume of roadways resulting from
106construction of an improvement necessary to maintain the adopted
107level of service, multiplied by the construction cost, at the
108time of developer payment, of the improvement necessary to
109maintain the adopted level of service. For purposes of this
110subsection, "construction cost" includes all associated costs of
111the improvement. The cost of any improvements made to a
112regionally significant transportation facility that is
113constructed by the owner or developer of the development of
114regional impact, including the costs associated with
115accommodating a transit facility within the development of
116regional impact which is in a county's or the Department of
117Transportation's long-range transportation plan, shall be
118credited against a development of regional impact's
119proportionate-share contribution. Proportionate-share mitigation
120shall be limited to ensure that a development of regional impact
121meeting the requirements of this subsection mitigates its impact
122on the transportation system but is not responsible for the
123additional cost of reducing or eliminating backlogs. This
124subsection also applies to Florida Quality Developments pursuant
125to s. 380.061 and to detailed specific area plans implementing
126optional sector plans pursuant to s. 163.3245.
127     (16)  It is the intent of the Legislature to provide a
128method by which the impacts of development on transportation
129facilities can be mitigated by the cooperative efforts of the
130public and private sectors. The methodology used to calculate
131proportionate fair-share mitigation under this section shall be
132as provided for in subsection (12).
133     (i)  As used in this subsection, the term "backlog" means a
134facility or facilities on which the adopted level-of-service
135standard is exceeded by the existing trips, plus additional
136projected background trips from any source other than the
137development project under review that are forecast by
138established traffic standards, including traffic modeling,
139consistent with the University of Florida Bureau of Economic and
140Business Research medium population projections. Additional
141projected background trips are to be coincident with the
142particular stage or phase of development under review.
143     Section 2.  Paragraphs (a) and (i) of subsection (1) of
144section 212.05, Florida Statutes, are amended to read:
145     212.05  Sales, storage, use tax.--It is hereby declared to
146be the legislative intent that every person is exercising a
147taxable privilege who engages in the business of selling
148tangible personal property at retail in this state, including
149the business of making mail order sales, or who rents or
150furnishes any of the things or services taxable under this
151chapter, or who stores for use or consumption in this state any
152item or article of tangible personal property as defined herein
153and who leases or rents such property within the state.
154     (1)  For the exercise of such privilege, a tax is levied on
155each taxable transaction or incident, which tax is due and
156payable as follows:
157     (a)1.a.  At the rate of 6 percent of the sales price of
158each item or article of tangible personal property when sold at
159retail in this state, computed on each taxable sale for the
160purpose of remitting the amount of tax due the state, and
161including each and every retail sale.
162     b.  Each occasional or isolated sale of an aircraft, boat,
163mobile home, or motor vehicle of a class or type which is
164required to be registered, licensed, titled, or documented in
165this state or by the United States Government shall be subject
166to tax at the rate provided in this paragraph. The department
167shall by rule adopt any nationally recognized publication for
168valuation of used motor vehicles as the reference price list for
169any used motor vehicle which is required to be licensed pursuant
170to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
171party to an occasional or isolated sale of such a vehicle
172reports to the tax collector a sales price which is less than 80
173percent of the average loan price for the specified model and
174year of such vehicle as listed in the most recent reference
175price list, the tax levied under this paragraph shall be
176computed by the department on such average loan price unless the
177parties to the sale have provided to the tax collector an
178affidavit signed by each party, or other substantial proof,
179stating the actual sales price. Any party to such sale who
180reports a sales price less than the actual sales price is guilty
181of a misdemeanor of the first degree, punishable as provided in
182s. 775.082 or s. 775.083. The department shall collect or
183attempt to collect from such party any delinquent sales taxes.
184In addition, such party shall pay any tax due and any penalty
185and interest assessed plus a penalty equal to twice the amount
186of the additional tax owed. Notwithstanding any other provision
187of law, the Department of Revenue may waive or compromise any
188penalty imposed pursuant to this subparagraph.
189     2.  This paragraph does not apply to the sale of a boat or
190aircraft by or through a registered dealer under this chapter to
191a purchaser who, at the time of taking delivery, is a
192nonresident of this state, does not make his or her permanent
193place of abode in this state, and is not engaged in carrying on
194in this state any employment, trade, business, or profession in
195which the boat or aircraft will be used in this state, or is a
196corporation none of the officers or directors of which is a
197resident of, or makes his or her permanent place of abode in,
198this state, or is a noncorporate entity that has no individual
199vested with authority to participate in the management,
200direction, or control of the entity's affairs who is a resident
201of, or makes his or her permanent abode in, this state. For
202purposes of this exemption, either a registered dealer acting on
203his or her own behalf as seller, a registered dealer acting as
204broker on behalf of a seller, or a registered dealer acting as
205broker on behalf of the purchaser may be deemed to be the
206selling dealer. This exemption shall not be allowed unless:
207     a.  The purchaser removes a qualifying boat, as described
208in sub-subparagraph f., from the state within 90 days after the
209date of purchase or extension or the purchaser removes a
210nonqualifying boat or an aircraft from this state within 10 days
211after the date of purchase or, when the boat or aircraft is
212repaired or altered, within 20 days after completion of the
213repairs or alterations;
214     b.  The purchaser, within 30 days from the date of
215departure, shall provide the department with written proof that
216the purchaser licensed, registered, titled, or documented the
217boat or aircraft outside the state. If such written proof is
218unavailable, within 30 days the purchaser shall provide proof
219that the purchaser applied for such license, title,
220registration, or documentation. The purchaser shall forward to
221the department proof of title, license, registration, or
222documentation upon receipt.
223     c.  The purchaser, within 10 days of removing the boat or
224aircraft from Florida, shall furnish the department with proof
225of removal in the form of receipts for fuel, dockage, slippage,
226tie-down, or hangaring from outside of Florida. The information
227so provided must clearly and specifically identify the boat or
228aircraft;
229     d.  The selling dealer, within 5 days of the date of sale,
230shall provide to the department a copy of the sales invoice,
231closing statement, bills of sale, and the original affidavit
232signed by the purchaser attesting that he or she has read the
233provisions of this section;
234     e.  The seller makes a copy of the affidavit a part of his
235or her record for as long as required by s. 213.35; and
236     f.  Unless the nonresident purchaser of a boat of 5 net
237tons of admeasurement or larger intends to remove the boat from
238this state within 10 days after the date of purchase or when the
239boat is repaired or altered, within 20 days after completion of
240the repairs or alterations, the nonresident purchaser shall
241apply to the selling dealer for a decal which authorizes 90 days
242after the date of purchase for removal of the boat. The
243nonresident purchaser of a qualifying boat may apply to the
244selling dealer within 60 days after the date of purchase for an
245extension decal that authorizes the boat to remain in this state
246for an additional 90 days, but not more than a total of 180
247days, before the nonresident purchaser is required to pay the
248tax imposed by this chapter. The department is authorized to
249issue decals in advance to dealers. The number of decals issued
250in advance to a dealer shall be consistent with the volume of
251the dealer's past sales of boats which qualify under this sub-
252subparagraph. The selling dealer or his or her agent shall mark
253and affix the decals to qualifying boats in the manner
254prescribed by the department, prior to delivery of the boat.
255     (I)  The department is hereby authorized to charge dealers
256a fee sufficient to recover the costs of decals issued, except  
257the extension decal shall cost $350.
258     (II)  The proceeds from the sale of decals will be
259deposited into the administrative trust fund.
260     (III)  Decals shall display information to identify the
261boat as a qualifying boat under this sub-subparagraph,
262including, but not limited to, the decal's date of expiration.
263     (IV)  The department is authorized to require dealers who
264purchase decals to file reports with the department and may
265prescribe all necessary records by rule. All such records are
266subject to inspection by the department.
267     (V)  Any dealer or his or her agent who issues a decal
268falsely, fails to affix a decal, mismarks the expiration date of
269a decal, or fails to properly account for decals will be
270considered prima facie to have committed a fraudulent act to
271evade the tax and will be liable for payment of the tax plus a
272mandatory penalty of 200 percent of the tax, and shall be liable
273for fine and punishment as provided by law for a conviction of a
274misdemeanor of the first degree, as provided in s. 775.082 or s.
275775.083.
276     (VI)  Any nonresident purchaser of a boat who removes a
277decal prior to permanently removing the boat from the state, or
278defaces, changes, modifies, or alters a decal in a manner
279affecting its expiration date prior to its expiration, or who
280causes or allows the same to be done by another, will be
281considered prima facie to have committed a fraudulent act to
282evade the tax and will be liable for payment of the tax plus a
283mandatory penalty of 200 percent of the tax, and shall be liable
284for fine and punishment as provided by law for a conviction of a
285misdemeanor of the first degree, as provided in s. 775.082 or s.
286775.083.
287     (VII)  The department is authorized to adopt rules
288necessary to administer and enforce this subparagraph and to
289publish the necessary forms and instructions.
290     (VIII)  The department is hereby authorized to adopt
291emergency rules pursuant to s. 120.54(4) to administer and
292enforce the provisions of this subparagraph.
293
294If the purchaser fails to remove the qualifying boat from this
295state within the maximum 180 90 days after purchase or a
296nonqualifying boat or an aircraft from this state within 10 days
297after purchase or, when the boat or aircraft is repaired or
298altered, within 20 days after completion of such repairs or
299alterations, or permits the boat or aircraft to return to this
300state within 6 months from the date of departure, or if the
301purchaser fails to furnish the department with any of the
302documentation required by this subparagraph within the
303prescribed time period, the purchaser shall be liable for use
304tax on the cost price of the boat or aircraft and, in addition
305thereto, payment of a penalty to the Department of Revenue equal
306to the tax payable. This penalty shall be in lieu of the penalty
307imposed by s. 212.12(2) and is mandatory and shall not be waived
308by the department. The maximum 180-day 90-day period following
309the sale of a qualifying boat tax-exempt to a nonresident may
310not be tolled for any reason. Notwithstanding other provisions
311of this paragraph to the contrary, an aircraft purchased in this
312state under the provisions of this paragraph may be returned to
313this state for repairs within 6 months after the date of its
314departure without being in violation of the law and without
315incurring liability for the payment of tax or penalty on the
316purchase price of the aircraft if the aircraft is removed from
317this state within 20 days after the completion of the repairs
318and if such removal can be demonstrated by invoices for fuel,
319tie-down, hangar charges issued by out-of-state vendors or
320suppliers, or similar documentation.
321     (i)1.  At the rate of 6 percent on charges for all:
322     a.  Detective, burglar protection, and other protection
323services (NAICS National SIC Industry Numbers 561611, 561612,
324561613, 7381 and 561621 7382). Any law enforcement officer, as
325defined in s. 943.10, who is performing approved duties as
326determined by his or her local law enforcement agency in his or
327her capacity as a law enforcement officer, and who is subject to
328the direct and immediate command of his or her law enforcement
329agency, and in the law enforcement officer's uniform as
330authorized by his or her law enforcement agency, is performing
331law enforcement and public safety services and is not performing
332detective, burglar protection, or other protective services, if
333the law enforcement officer is performing his or her approved
334duties in a geographical area in which the law enforcement
335officer has arrest jurisdiction. Such law enforcement and public
336safety services are not subject to tax irrespective of whether
337the duty is characterized as "extra duty," "off-duty," or
338"secondary employment," and irrespective of whether the officer
339is paid directly or through the officer's agency by an outside
340source. The term "law enforcement officer" includes full-time or
341part-time law enforcement officers, and any auxiliary law
342enforcement officer, when such auxiliary law enforcement officer
343is working under the direct supervision of a full-time or part-
344time law enforcement officer.
345     b.  Nonresidential cleaning and nonresidential pest control
346services (NAICS National Numbers 561710 and 561720 SIC Industry
347Group Number 734).
348     2.  As used in this paragraph, "NAICS SIC" means those
349classifications contained in the North American Industry
350Standard Industrial Classification System Manual, 1987, as
351published in 2007 by the Office of Management and Budget,
352Executive Office of the President.
353     3.  Charges for detective, burglar protection, and other
354protection security services performed in this state but used
355outside this state are exempt from taxation. Charges for
356detective, burglar protection, and other protection security
357services performed outside this state and used in this state are
358subject to tax.
359     4.  If a transaction involves both the sale or use of a
360service taxable under this paragraph and the sale or use of a
361service or any other item not taxable under this chapter, the
362consideration paid must be separately identified and stated with
363respect to the taxable and exempt portions of the transaction or
364the entire transaction shall be presumed taxable. The burden
365shall be on the seller of the service or the purchaser of the
366service, whichever applicable, to overcome this presumption by
367providing documentary evidence as to which portion of the
368transaction is exempt from tax. The department is authorized to
369adjust the amount of consideration identified as the taxable and
370exempt portions of the transaction; however, a determination
371that the taxable and exempt portions are inaccurately stated and
372that the adjustment is applicable must be supported by
373substantial competent evidence.
374     5.  Each seller of services subject to sales tax pursuant
375to this paragraph shall maintain a monthly log showing each
376transaction for which sales tax was not collected because the
377services meet the requirements of subparagraph 3. for out-of-
378state use. The log must identify the purchaser's name, location
379and mailing address, and federal employer identification number,
380if a business, or the social security number, if an individual,
381the service sold, the price of the service, the date of sale,
382the reason for the exemption, and the sales invoice number. The
383monthly log shall be maintained pursuant to the same
384requirements and subject to the same penalties imposed for the
385keeping of similar records pursuant to this chapter.
386     Section 3.  Subsection (1) of section 212.055, Florida
387Statutes, is amended to read:
388     212.055  Discretionary sales surtaxes; legislative intent;
389authorization and use of proceeds.--It is the legislative intent
390that any authorization for imposition of a discretionary sales
391surtax shall be published in the Florida Statutes as a
392subsection of this section, irrespective of the duration of the
393levy. Each enactment shall specify the types of counties
394authorized to levy; the rate or rates which may be imposed; the
395maximum length of time the surtax may be imposed, if any; the
396procedure which must be followed to secure voter approval, if
397required; the purpose for which the proceeds may be expended;
398and such other requirements as the Legislature may provide.
399Taxable transactions and administrative procedures shall be as
400provided in s. 212.054.
401     (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
402     (a)  Each charter county that has which adopted a charter
403prior to January 1, 1984, and each county the government of
404which is consolidated with that of one or more municipalities,
405may levy a discretionary sales surtax, subject to approval by a
406majority vote of the electorate of the county or by a charter
407amendment approved by a majority vote of the electorate of the
408county.
409     (b)  The rate shall be up to 1 percent.
410     (c)  The proposal to adopt a discretionary sales surtax as
411provided in this subsection and to create a trust fund within
412the county accounts shall be placed on the ballot in accordance
413with law at a time to be set at the discretion of the governing
414body.
415     (d)  Proceeds from the surtax shall be applied to as many
416or as few of the uses enumerated below in whatever combination
417the county commission deems appropriate:
418     1.  Deposited by the county in the trust fund and shall be
419used for the purposes of development, construction, equipment,
420maintenance, operation, supportive services, including a
421countywide bus system, and related costs of a fixed guideway
422rapid transit system;
423     2.  Remitted by the governing body of the county to an
424expressway, transit, or transportation authority created by law
425to be used, at the discretion of such authority, for the
426development, construction, operation, or maintenance of roads or
427bridges in the county, for the operation and maintenance of a
428bus system, for the payment of principal and interest on
429existing bonds issued for the construction of such roads or
430bridges, and, upon approval by the county commission, such
431proceeds may be pledged for bonds issued to refinance existing
432bonds or new bonds issued for the construction of such roads or
433bridges;
434     3.  Used by the charter county for the development,
435construction, operation, and maintenance of roads and bridges in
436the county; for the expansion, operation, and maintenance of bus
437and fixed guideway systems; and for the payment of principal and
438interest on bonds issued for the construction of fixed guideway
439rapid transit systems, bus systems, roads, or bridges; and such
440proceeds may be pledged by the governing body of the county for
441bonds issued to refinance existing bonds or new bonds issued for
442the construction of such fixed guideway rapid transit systems,
443bus systems, roads, or bridges and no more than 25 percent used
444for nontransit uses; and
445     4.  Used by the charter county for the planning,
446development, construction, operation, and maintenance of roads
447and bridges in the county; for the planning, development,
448expansion, operation, and maintenance of bus and fixed guideway
449systems; and for the payment of principal and interest on bonds
450issued for the construction of fixed guideway rapid transit
451systems, bus systems, roads, or bridges; and such proceeds may
452be pledged by the governing body of the county for bonds issued
453to refinance existing bonds or new bonds issued for the
454construction of such fixed guideway rapid transit systems, bus
455systems, roads, or bridges. Pursuant to an interlocal agreement
456entered into pursuant to chapter 163, the governing body of the
457charter county may distribute proceeds from the tax to a
458municipality, or an expressway or transportation authority
459created by law to be expended for the purpose authorized by this
460paragraph.
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;
464penalties.--
465     (2)
466     (b)  A citation issued under this subsection may be issued
467by mailing the citation by first class mail, or by certified
468mail, return receipt requested, to the address of the registered
469owner of the motor vehicle involved in the violation, and
470verifiable receipt. Mailing the citation to this address
471constitutes notification. In the case of joint ownership of a
472motor vehicle, the traffic citation must be mailed to the first
473name appearing on the registration, unless the first name
474appearing on the registration is a business organization, in
475which case the second name appearing on the registration may be
476used. A citation issued under this paragraph must be mailed to
477the registered owner of the motor vehicle involved in the
478violation within 14 days after the date of issuance of the
479violation. In addition to the citation, notification must be
480sent to the registered owner of the motor vehicle involved in
481the violation specifying remedies available under ss. 318.14(12)
482and 318.18(7).
483     (4)  Any governmental entity, including, without
484limitation, a clerk of court, may supply the department with
485data that is machine readable by the department's computer
486system, listing persons who have one or more outstanding
487violations of this section, with reference to the person's
488driver's license number or license plate number in the case of a
489business entity. Pursuant to s. 320.03(8), the department and
490its authorized agents may not issue those persons may not be
491issued a license plate or revalidation sticker for any motor
492vehicle owned by a person whose name appears on the department's
493list of persons having any outstanding violations of this
494section until the person's name no longer appears on the list or
495until the person presents a receipt from the governmental entity
496or clerk showing that all applicable amounts owed on outstanding
497violations have been paid.
498     Section 5.  Subsection (6) of section 316.1895, Florida
499Statutes, is amended to read:
500     316.1895  Establishment of school speed zones, enforcement;
501designation.--
502     (6)  Permanent signs designating school zones and school
503zone speed limits shall be uniform in size and color, and shall
504have the times during which the restrictive speed limit is
505enforced clearly designated thereon. Flashing beacons activated
506by a time clock, or other automatic device, or manually
507activated may be used as an alternative to posting the times
508during which the restrictive school speed limit is enforced.
509Beginning July 1, 2008, for any newly established school zone or
510any school zone in which the signing has been replaced, a sign
511stating "Speeding Fines Doubled" shall be installed within or in
512advance of the school zone. The Department of Transportation
513shall establish adequate standards for the signs and flashing
514beacons.
515     Section 6.  Subsection (3) of section 316.29545, Florida
516Statutes, 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
519exemption; certain law enforcement vehicles and private
520investigative service vehicles exempt.--
521     (3)  The department shall exempt from the window
522sunscreening restrictions of ss. 316.2953, 316.2954, and
523316.2956 vehicles owned or leased by private investigative
524agencies licensed under chapter 493 and used in homeland
525security functions on behalf of federal, state, or local
526authorities; executive protection activities; undercover,
527covert, or surveillance operations involving child abductions,
528convicted sex offenders, insurance fraud, or missing persons or
529property; or investigative activities in which evidence is being
530obtained for civil or criminal court proceedings.
531     Section 7.  Subsection (14) of section 316.515, Florida
532Statutes, is amended to read:
533     316.515  Maximum width, height, length.--
534     (14)  MANUFACTURED BUILDINGS.--The Department of
535Transportation may, in its discretion and upon application and
536good cause shown therefor that the same is not contrary to the
537public interest, issue a special permit for truck tractor-
538semitrailer combinations if where the total number of overwidth
539deliveries of manufactured buildings, as defined in s.
540553.36(13), may be reduced by permitting the use of multiple
541sections or single units on an overlength trailer of no more
542than 80 54 feet.
543     Section 8.  Subsection (5) of section 316.535, Florida
544Statutes, is amended to read:
545     316.535  Maximum weights.--
546     (5)  With respect to those highways not in the Interstate
547Highway System, in all cases in which it exceeds state law in
548effect on January 4, 1975, the overall gross weight on the
549vehicle or combination of vehicles, including all enforcement
550tolerances, shall be as determined by the following formula:
551
552W = 500((LN ÷ (N-1)) + 12N + 36)
553
554where W = overall gross weight of the vehicle to the nearest 500
555pounds; L = distance in feet between the extreme of the external
556axles; and N = number of axles on the vehicle. However, such
557overall gross weight of any vehicle or combination of vehicles
558may not exceed 80,000 pounds including all enforcement
559tolerances. The scale tolerance provided in s. 316.545(2) shall
560be applicable to all weight limitations of this subsection,
561except when a vehicle exceeds the posted weight limit on a road
562or bridge. The scale tolerance provided in s. 316.545(2) shall
563not apply to cranes. Fines for violations of the total gross
564weight limitations provided for in this subsection shall be
565based on the amount by which the actual weight of the vehicle
566and load exceeds the allowable maximum weight determined under
567this subsection plus the scale tolerance provided in s.
568316.545(2).
569     Section 9.  Subsections (2) and (3) of section 316.545,
570Florida Statutes, are amended to read:
571     316.545  Weight and load unlawful; special fuel and motor
572fuel tax enforcement; inspection; penalty; review.--
573     (2)(a)  Whenever an officer, upon weighing a vehicle or
574combination of vehicles with load, determines that the axle
575weight or gross weight is unlawful, the officer may require the
576driver to stop the vehicle in a suitable place and remain
577standing until a determination can be made as to the amount of
578weight thereon and, if overloaded, the amount of penalty to be
579assessed as provided herein. However, any gross weight over and
580beyond 6,000 pounds beyond the maximum herein set shall be
581unloaded and all material so unloaded shall be cared for by the
582owner or operator of the vehicle at the risk of such owner or
583operator. Except as otherwise provided in this chapter, to
584facilitate compliance with and enforcement of the weight limits
585established in s. 316.535, weight tables published pursuant to
586s. 316.535(7) shall include a 10-percent scale tolerance and
587shall thereby reflect the maximum scaled weights allowed any
588vehicle or combination of vehicles. As used in this section,
589scale tolerance means the allowable deviation from legal weights
590established in s. 316.535. Notwithstanding any other provision
591of the weight law, if a vehicle or combination of vehicles does
592not exceed the gross, external bridge, or internal bridge weight
593limits imposed in s. 316.535 and the driver of such vehicle or
594combination of vehicles can comply with the requirements of this
595chapter by shifting or equalizing the load on all wheels or
596axles and does so when requested by the proper authority, the
597driver shall not be held to be operating in violation of said
598weight limits. Any vehicle or combination of vehicles which
599exceed the gross, or external bridge weight limits imposed in
600ss. 316.535(3), 316.535(4), or 316.535(6) over and beyond 6000
601pounds shall be unloaded and all material so unloaded shall be
602cared for by the owner or operator of the vehicle at the risk of
603such owner or operator. Any vehicle or combination of vehicles
604which exceed the gross, or external bridge weight limits imposed
605in s. 316.535(5) shall be unloaded and all material so unloaded
606shall be cared for by the owner or operator of the vehicle at
607risk of such owner or operator.
608     (3)  Any person who violates the overloading provisions of
609this chapter shall be conclusively presumed to have damaged the
610highways of this state by reason of such overloading, which
611damage is hereby fixed as follows:
612     (a)  When the excess weight is 200 pounds or less than the
613maximum herein provided, the penalty shall be $10;
614     (b)  Five cents per pound for each pound of weight in
615excess of the maximum herein provided when the excess weight
616exceeds 200 pounds. However, whenever the gross weight of the
617vehicle or combination of vehicles does not exceed the maximum
618allowable gross weight, the maximum fine for the first 600
619pounds of unlawful axle weight shall be $10;
620     (c)  For a vehicle equipped with fully functional idle-
621reduction technology, any penalty shall be calculated by
622reducing the actual gross vehicle weight or the internal bridge
623weight by the certified weight of the idle-reduction technology
624or by 400 pounds, whichever is less. The vehicle operator must
625present written certification of the weight of the idle-
626reduction technology and must demonstrate or certify that the
627idle-reduction technology is fully functional at all times. This
628calculation is not allowed for vehicles described in s.
629316.535(6);
630     (d)(c)  An apportioned motor vehicle, as defined in s.
631320.01, operating on the highways of this state without being
632properly licensed and registered shall be subject to the
633penalties as herein provided; and
634     (e)(d)  Vehicles operating on the highways of this state
635from nonmember International Registration Plan jurisdictions
636which are not in compliance with the provisions of s. 316.605
637shall be subject to the penalties as herein provided.
638     Section 10.  Subsection (1) of section 316.605, Florida
639Statutes, is amended to read:
640     316.605  Licensing of vehicles.--
641     (1)  Every vehicle, at all times while driven, stopped, or
642parked upon any highways, roads, or streets of this state, shall
643be licensed in the name of the owner thereof in accordance with
644the laws of this state unless such vehicle is not required by
645the laws of this state to be licensed in this state and shall,
646except as otherwise provided in s. 320.0706 for front-end
647registration license plates on truck tractors and s. 320.086(5)
648which exempts display of license plates on described former
649military vehicles, display the license plate or both of the
650license plates assigned to it by the state, one on the rear and,
651if two, the other on the front of the vehicle, each to be
652securely fastened to the vehicle outside the main body of the
653vehicle not higher than 60 inches and not lower than 12 inches
654from the ground and no more than 24 inches to the left or right
655of the centerline of the vehicle, and in such manner as to
656prevent the plates from swinging, and all letters, numerals,
657printing, writing, and other identification marks upon the
658plates regarding the word "Florida," the registration decal, and
659the alphanumeric designation shall be clear and distinct and
660free from defacement, mutilation, grease, and other obscuring
661matter, so that they will be plainly visible and legible at all
662times 100 feet from the rear or front. Except for motorcycle
663license plates, vehicle license plates shall be affixed and
664displayed in such a manner that the letters and numerals shall
665be read from left to right parallel to the ground. No vehicle
666license plate may be displayed in an inverted or reversed
667position or in such a manner that the letters and numbers and
668their proper sequence are not readily identifiable. Nothing
669shall be placed upon the face of a Florida plate except as
670permitted by law or by rule or regulation of a governmental
671agency. No license plates other than those furnished by the
672state shall be used. However, if the vehicle is not required to
673be licensed in this state, the license plates on such vehicle
674issued by another state, by a territory, possession, or district
675of the United States, or by a foreign country, substantially
676complying with the provisions hereof, shall be considered as
677complying with this chapter. A violation of this subsection is a
678noncriminal traffic infraction, punishable as a nonmoving
679violation as provided in chapter 318.
680     Section 11.  Subsection (7) of section 318.18, Florida
681Statutes, is amended to read:
682     318.18  Amount of penalties.--The penalties required for a
683noncriminal disposition pursuant to s. 318.14 or a criminal
684offense listed in s. 318.17 are as follows:
685     (7)  Mandatory $100 fine for each violation of s. 316.1001
686plus the amount of the unpaid toll shown on the traffic citation
687for each citation issued. The clerk of the court shall forward
688$25 of the $100 fine received, plus the amount of the unpaid
689toll that is shown on the citation, to the governmental entity
690that issued the citation, or on whose behalf the citation was
691issued. If a plea arrangement is reached prior to the date set
692for a scheduled evidentiary hearing and adjudication is
693withheld, there shall be a mandatory fine assessed per citation
694of not less than $50 and not more than $100, plus the amount of
695the unpaid toll for each citation issued. The clerk of the court
696shall forward $25 of the fine imposed plus the amount of the
697unpaid toll that is shown on the citation to the governmental
698entity that issued the citation or on whose behalf the citation
699was issued. The court shall have specific authority to
700consolidate issued citations for the same defendant for the
701purpose of sentencing and aggregate jurisdiction. In addition,
702the department shall suspend for 60 days the driver's license of
703a person who is convicted of 10 violations of s. 316.1001 within
704a 36-month period. Any funds received by a governmental entity
705for this violation may be used for any lawful purpose related to
706the operation or maintenance of a toll facility.
707     Section 12.  Subsection (8) of section 320.03, Florida
708Statutes, is amended to read:
709     320.03  Registration; duties of tax collectors;
710International Registration Plan.--
711     (8)  If the applicant's name appears on the list referred
712to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
713license plate or revalidation sticker may not be issued until
714that person's name no longer appears on the list or until the
715person presents a receipt from the governmental entity that
716supplied the list or the clerk of court showing that the fines
717outstanding have been paid. This subsection does not apply to
718the owner of a leased vehicle if the vehicle is registered in
719the name of the lessee of the vehicle. The tax collector and the
720clerk of the court are each entitled to receive monthly, as
721costs for implementing and administering this subsection, 10
722percent of the civil penalties and fines recovered from such
723persons. As used in this subsection, the term "civil penalties
724and fines" does not include a wrecker operator's lien as
725described in s. 713.78(13). If the tax collector has private tag
726agents, such tag agents are entitled to receive a pro rata share
727of the amount paid to the tax collector, based upon the
728percentage of license plates and revalidation stickers issued by
729the tag agent compared to the total issued within the county.
730The authority of any private agent to issue license plates shall
731be revoked, after notice and a hearing as provided in chapter
732120, if he or she issues any license plate or revalidation
733sticker contrary to the provisions of this subsection. This
734section applies only to the annual renewal in the owner's birth
735month of a motor vehicle registration and does not apply to the
736transfer of a registration of a motor vehicle sold by a motor
737vehicle dealer licensed under this chapter, except for the
738transfer of registrations which is inclusive of the annual
739renewals. This section does not affect the issuance of the title
740to a motor vehicle, notwithstanding s. 319.23(7)(b).
741     Section 13.  Paragraph (d) of subsection (3) of section
742322.27, Florida Statutes, is amended to read:
743     322.27  Authority of department to suspend or revoke
744license.--
745     (3)  There is established a point system for evaluation of
746convictions of violations of motor vehicle laws or ordinances,
747and violations of applicable provisions of s. 403.413(6)(b) when
748such violations involve the use of motor vehicles, for the
749determination of the continuing qualification of any person to
750operate a motor vehicle. The department is authorized to suspend
751the license of any person upon showing of its records or other
752good and sufficient evidence that the licensee has been
753convicted of violation of motor vehicle laws or ordinances, or
754applicable provisions of s. 403.413(6)(b), amounting to 12 or
755more points as determined by the point system. The suspension
756shall be for a period of not more than 1 year.
757     (d)  The point system shall have as its basic element a
758graduated scale of points assigning relative values to
759convictions of the following violations:
760     1.  Reckless driving, willful and wanton--4 points.
761     2.  Leaving the scene of a crash resulting in property
762damage 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
767speed--3 points.
768     b.  In excess of 15 miles per hour of lawful or posted
769speed--4 points.
770     6.  A violation of a traffic control signal device as
771provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
772     7.  All other moving violations (including parking on a
773highway outside the limits of a municipality)--3 points.
774However, no points shall be imposed for a violation of s.
775316.0741, s. 316.1001, or s. 316.2065(12).
776     8.  Any moving violation covered above, excluding unlawful
777speed, 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
781to read:
782     334.03  Definitions.--When used in the Florida
783Transportation Code, the term:
784     (1)  "Arterial road" means a route providing service which
785is relatively continuous and of relatively high traffic volume,
786long average trip length, high operating speed, and high
787mobility importance. In addition, every United States numbered
788highway is an arterial road.
789     (1)(2)  "Bridge" means a structure, including supports,
790erected over a depression or an obstruction, such as water or a
791highway or railway, and having a track or passageway for
792carrying traffic as defined in chapter 316 or other moving
793loads.
794     (2)(3)  "City street system" means all local roads within a
795municipality which were under the jurisdiction of that
796municipality on June 10, 1995, roads constructed by a
797municipality for that municipality's street system, and roads
798transferred to the municipality's jurisdiction after that date
799by mutual consent with another governmental entity, but does not
800include roads so transferred from the municipality's
801jurisdiction, and all collector roads inside that municipality,
802which are not in the county road system.
803     (4)  "Collector road" means a route providing service which
804is of relatively moderate average traffic volume, moderately
805average trip length, and moderately average operating speed.
806Such a route also collects and distributes traffic between local
807roads or arterial roads and serves as a linkage between land
808access and mobility needs.
809     (3)(5)  "Commissioners" means the governing body of a
810county.
811     (4)(6)  "Consolidated metropolitan statistical area" means
812two or more metropolitan statistical areas that are socially and
813economically interrelated as defined by the United States Bureau
814of the Census.
815     (5)(7)  "Controlled access facility" means a street or
816highway to which the right of access is highly regulated by the
817governmental entity having jurisdiction over the facility in
818order to maximize the operational efficiency and safety of the
819high-volume through traffic utilizing the facility. Owners or
820occupants of abutting lands and other persons have a right of
821access to or from such facility at such points only and in such
822manner as may be determined by the governmental entity.
823     (6)(8)  "County road system" means all roads within a
824county which were under the jurisdiction of that county on June
82510, 1995, roads constructed by a county for that county's road
826system, and roads transferred to the county's jurisdiction after
827that date by mutual consent with another governmental entity,
828but does not include roads so transferred from the county's
829jurisdiction collector roads in the unincorporated areas of a
830county and all extensions of such collector roads into and
831through any incorporated areas, all local roads in the
832unincorporated areas, and all urban minor arterial roads not in
833the State Highway System.
834     (7)(9)  "Department" means the Department of
835Transportation.
836     (8)(10)  "Florida Intrastate Highway System" means a system
837of limited access and controlled access facilities on the State
838Highway System which have the capacity to provide high-speed and
839high-volume traffic movements in an efficient and safe manner.
840     (9)(11)  "Functional classification" means the assignment
841of roads into systems according to the character of service they
842provide in relation to the total road network using procedures
843developed by the Federal Highway Administration. Basic
844functional categories include arterial roads, collector roads,
845and local roads which may be subdivided into principal, major,
846or minor levels. Those levels may be additionally divided into
847rural and urban categories.
848     (10)(12)  "Governmental entity" means a unit of government,
849or any officially designated public agency or authority of a
850unit of government, that has the responsibility for planning,
851construction, operation, or maintenance or jurisdiction over
852transportation facilities; the term includes the Federal
853Government, the state government, a county, an incorporated
854municipality, a metropolitan planning organization, an
855expressway or transportation authority, a road and bridge
856district, a special road and bridge district, and a regional
857governmental unit.
858     (11)(13)  "Limited access facility" means a street or
859highway especially designed for through traffic, and over, from,
860or to which owners or occupants of abutting land or other
861persons have no right or easement of access, light, air, or view
862by reason of the fact that their property abuts upon such
863limited access facility or for any other reason. Such highways
864or streets may be facilities from which trucks, buses, and other
865commercial vehicles are excluded; or they may be facilities open
866to use by all customary forms of street and highway traffic.
867     (12)(14)  "Local governmental entity" means a unit of
868government with less than statewide jurisdiction, or any
869officially designated public agency or authority of such a unit
870of government, that has the responsibility for planning,
871construction, operation, or maintenance of, or jurisdiction
872over, a transportation facility; the term includes, but is not
873limited to, a county, an incorporated municipality, a
874metropolitan planning organization, an expressway or
875transportation authority, a road and bridge district, a special
876road and bridge district, and a regional governmental unit.
877     (15)  "Local road" means a route providing service which is
878of relatively low average traffic volume, short average trip
879length or minimal through-traffic movements, and high land
880access for abutting property.
881     (13)(16)  "Metropolitan area" means a geographic region
882comprising as a minimum the existing urbanized area and the
883contiguous area projected to become urbanized within a 20-year
884forecast period. The boundaries of a metropolitan area may be
885designated so as to encompass a metropolitan statistical area or
886a consolidated metropolitan statistical area. If a metropolitan
887area, or any part thereof, is located within a nonattainment
888area, the boundaries of the metropolitan area must be designated
889so as to include the boundaries of the entire nonattainment
890area, unless otherwise provided by agreement between the
891applicable metropolitan planning organization and the Governor.
892     (14)(17)  "Metropolitan statistical area" means an area
893that includes a municipality of 50,000 persons or more, or an
894urbanized area of at least 50,000 persons as defined by the
895United States Bureau of the Census, provided that the component
896county or counties have a total population of at least 100,000.
897     (15)(18)  "Nonattainment area" means an area designated by
898the United States Environmental Protection Agency, pursuant to
899federal law, as exceeding national primary or secondary ambient
900air quality standards for the pollutants carbon monoxide or
901ozone.
902     (16)(19)  "Periodic maintenance" means activities that are
903large in scope and require a major work effort to restore
904deteriorated components of the transportation system to a safe
905and serviceable condition, including, but not limited to, the
906repair of large bridge structures, major repairs to bridges and
907bridge systems, and the mineral sealing of lengthy sections of
908roadway.
909     (17)(20)  "Person" means any person described in s. 1.01 or
910any unit of government in or outside the state.
911     (18)(21)  "Right of access" means the right of ingress to a
912highway from abutting land and egress from a highway to abutting
913land.
914     (19)(22)  "Right-of-way" means land in which the state, the
915department, a county, or a municipality owns the fee or has an
916easement devoted to or required for use as a transportation
917facility.
918     (20)(23)  "Road" means a way open to travel by the public,
919including, but not limited to, a street, highway, or alley. The
920term includes associated sidewalks, the roadbed, the right-of-
921way, and all culverts, drains, sluices, ditches, water storage
922areas, waterways, embankments, slopes, retaining walls, bridges,
923tunnels, and viaducts necessary for the maintenance of travel
924and all ferries used in connection therewith.
925     (21)(24)  "Routine maintenance" means minor repairs and
926associated tasks necessary to maintain a safe and efficient
927transportation system. The term includes: pavement patching;
928shoulder repair; cleaning and repair of drainage ditches,
929traffic signs, and structures; mowing; bridge inspection and
930maintenance; pavement striping; litter cleanup; and other
931similar activities.
932     (22)(25)  "State Highway System" means the following, which
933shall be facilities to which access is regulated:
934     (a)  The interstate system and all other roads within the
935state which were under the jurisdiction of the state on June 10,
9361995, roads constructed by an agency of the state for the State
937Highway System, and roads transferred to the state's
938jurisdiction after that date by mutual consent with another
939governmental entity, but does not include roads so transferred
940from the state's jurisdiction. These facilities shall be
941facilities to which access is regulated.;
942     (b)  All rural arterial routes and their extensions into
943and through urban areas;
944     (c)  All urban principal arterial routes; and
945     (d)  The urban minor arterial mileage on the existing State
946Highway System as of July 1, 1987, plus additional mileage to
947comply with the 2-percent requirement as described below.
948
949However, not less than 2 percent of the public road mileage of
950each urbanized area on record as of June 30, 1986, shall be
951included as minor arterials in the State Highway System.
952Urbanized areas not meeting the foregoing minimum requirement
953shall have transferred to the State Highway System additional
954minor arterials of the highest significance in which case the
955total minor arterials in the State Highway System from any
956urbanized area shall not exceed 2.5 percent of that area's total
957public urban road mileage.
958     (23)(26)  "State Park Road System" means roads embraced
959within the boundaries of state parks and state roads leading to
960state parks, other than roads of the State Highway System, the
961county road systems, or the city street systems.
962     (24)(27)  "State road" means a street, road, highway, or
963other way open to travel by the public generally and dedicated
964to the public use according to law or by prescription and
965designated by the department, as provided by law, as part of the
966State Highway System.
967     (25)(28)  "Structure" means a bridge, viaduct, tunnel,
968causeway, approach, ferry slip, culvert, toll plaza, gate, or
969other similar facility used in connection with a transportation
970facility.
971     (26)(29)  "Sufficiency rating" means the objective rating
972of a road or section of a road for the purpose of determining
973its capability to serve properly the actual or anticipated
974volume of traffic using the road.
975     (27)(30)  "Transportation corridor" means any land area
976designated by the state, a county, or a municipality which is
977between two geographic points and which area is used or suitable
978for the movement of people and goods by one or more modes of
979transportation, including areas necessary for management of
980access and securing applicable approvals and permits.
981Transportation corridors shall contain, but are not limited to,
982the following:
983     (a)  Existing publicly owned rights-of-way;
984     (b)  All property or property interests necessary for
985future transportation facilities, including rights of access,
986air, view, and light, whether public or private, for the purpose
987of securing and utilizing future transportation rights-of-way,
988including, but not limited to, any lands reasonably necessary
989now or in the future for securing applicable approvals and
990permits, borrow pits, drainage ditches, water retention areas,
991rest areas, replacement access for landowners whose access could
992be impaired due to the construction of a future facility, and
993replacement rights-of-way for relocation of rail and utility
994facilities.
995     (28)(31)  "Transportation facility" means any means for the
996transportation of people or property from place to place which
997is constructed, operated, or maintained in whole or in part from
998public funds. The term includes the property or property rights,
999both real and personal, which have been or may be established by
1000public bodies for the transportation of people or property from
1001place to place.
1002     (29)(32)  "Urban area" means a geographic region comprising
1003as a minimum the area inside the United States Bureau of the
1004Census boundary of an urban place with a population of 5,000 or
1005more persons, expanded to include adjacent developed areas as
1006provided for by Federal Highway Administration regulations.
1007     (33)  "Urban minor arterial road" means a route that
1008generally interconnects with and augments an urban principal
1009arterial road and provides service to trips of shorter length
1010and a lower level of travel mobility. The term includes all
1011arterials not classified as "principal" and contain facilities
1012that place more emphasis on land access than the higher system.
1013     (30)(34)  "Urban place" means a geographic region composed
1014of one or more contiguous census tracts that have been found by
1015the United States Bureau of the Census to contain a population
1016density of at least 1,000 persons per square mile.
1017     (35)  "Urban principal arterial road" means a route that
1018generally serves the major centers of activity of an urban area,
1019the highest traffic volume corridors, and the longest trip
1020purpose and carries a high proportion of the total urban area
1021travel on a minimum of mileage. Such roads are integrated, both
1022internally and between major rural connections.
1023     (31)(36)  "Urbanized area" means a geographic region
1024comprising as a minimum the area inside an urban place of 50,000
1025or more persons, as designated by the United States Bureau of
1026the Census, expanded to include adjacent developed areas as
1027provided for by Federal Highway Administration regulations.
1028Urban areas with a population of fewer than 50,000 persons which
1029are located within the expanded boundary of an urbanized area
1030are not separately recognized.
1031     (32)(37)  "511" or "511 services" means three-digit
1032telecommunications dialing to access interactive voice response
1033telephone traveler information services provided in the state as
1034defined by the Federal Communications Commission in FCC Order
1035No. 00-256, July 31, 2000.
1036     (33)(38)  "Interactive voice response" means a software
1037application that accepts a combination of voice telephone input
1038and touch-tone keypad selection and provides appropriate
1039responses in the form of voice, fax, callback, e-mail, and other
1040media.
1041     Section 15.  Subsections (11), (13), and (26) of section
1042334.044, Florida Statutes, are amended to read:
1043     334.044  Department; powers and duties.--The department
1044shall have the following general powers and duties:
1045     (11)  To establish a numbering system for public roads and,
1046to functionally classify such roads, and to assign
1047jurisdictional responsibility.
1048     (13)  To designate existing and to plan proposed
1049transportation facilities as part of the State Highway System,
1050and to construct, maintain, and operate such facilities.
1051     (26)  To provide for the enhancement of environmental
1052benefits, including air and water quality, to prevent roadside
1053erosion, to conserve the conservation of natural roadside growth
1054and scenery and for the implementation and maintenance of
1055roadside conservation, enhancement, and stabilization
1056beautification programs, and no less than 1.5 percent of the
1057amount contracted for construction projects shall be allocated
1058by the department to the purchase of plant materials
1059beautification programs. Except where prohibited by federal law
1060or federal regulation and to the greatest extent practical, a
1061minimum of 50 percent of these funds shall be used to purchase
1062large plant materials with the remaining funds for other plant
1063materials. All such plant materials shall be purchased from
1064Florida-based commercial nursery nurseryman stock on a uniform
1065competitive bid basis. The department will develop grades and
1066standards for landscaping materials purchased through this
1067process. To accomplish these activities, the department may
1068contract with nonprofit organizations having the primary purpose
1069of developing youth employment opportunities.
1070     Section 16.  Section 334.047, Florida Statutes, is amended
1071to read:
1072     334.047  Prohibition.--Notwithstanding any other provision
1073of law to the contrary, the Department of Transportation may not
1074establish a cap on the number of miles in the State Highway
1075System or a maximum number of miles of urban principal arterial
1076roads, as defined in s. 334.03, within a district or county.
1077     Section 17.  Paragraph (a) of subsection (1) of section
1078334.30, Florida Statutes, is amended to read:
1079     334.30  Public-private transportation facilities.--The
1080Legislature finds and declares that there is a public need for
1081the rapid construction of safe and efficient transportation
1082facilities for the purpose of traveling within the state, and
1083that it is in the public's interest to provide for the
1084construction of additional safe, convenient, and economical
1085transportation facilities
1086     (1)  The department may receive or solicit proposals and,
1087with legislative approval as evidenced by approval of the
1088project in the department's work program, enter into agreements
1089with private entities, or consortia thereof, for the building,
1090operation, ownership, or financing of transportation facilities.
1091The department may advance projects programmed in the adopted 5-
1092year work program or projects increasing transportation capacity
1093and greater than $500 million in the 10-year Strategic
1094Intermodal Plan using funds provided by public-private
1095partnerships or private entities to be reimbursed from
1096department funds for the project as programmed in the adopted
1097work program. The department shall by rule establish an
1098application fee for the submission of unsolicited proposals
1099under this section. The fee must be sufficient to pay the costs
1100of evaluating the proposals. The department may engage the
1101services of private consultants to assist in the evaluation.
1102Before approval, the department must determine that the proposed
1103project:     
1104     (a)  Is in the public's best interest, as evidenced by a
1105business case prepared under s. 287.0574 and submitted to the
1106Council on Efficient Government;
1107     Section 18.  Section 336.445, Florida Statutes, is created
1108to read:
1109     336.445  Public-private partnerships with counties.--
1110     (1)  Notwithstanding any other provision of law or
1111ordinance, a county may enter into agreements with private
1112entities, or a consortia thereof, for the building, operation,
1113ownership, or financing of toll facilities as part of the county
1114road system under the following circumstances:
1115     (a)  The county has publically declared at a properly
1116noticed commission meeting the need for a toll facility and a
1117desire to contract with a private entity for the building,
1118operation, ownership, or financing of a toll facility; and
1119     (b)  The county establishes after a public hearing that the
1120proposal includes unique benefits and that adoption of the
1121project is not contrary to the interest of the public.
1122     (2)  Before awarding the project to a private entity, the
1123county 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
1127no additional costs or service disruptions would be realized by
1128the travelling public in the event of default or cancellation of
1129the agreement by the county; and
1130     (d)  Would have adequate safeguards in place to ensure that
1131the county or the private entity has the opportunity to add
1132capacity to the proposed project and other transportation
1133facilities serving similar origins and destinations.
1134     (3)  Any agreement between a county and a private entity,
1135or consortia thereof, must address the following:
1136     (a)  Regulations governing the future increase of toll or
1137fare revenues; and
1138     (b)  That the private entity shall provide an investment
1139grade traffic and revenue study prepared by an internationally
1140recognized traffic and revenue expert that is accepted by the
1141national bond rating agencies. The private entity shall also
1142provide a finance plan than identifies the project cost,
1143revenues by source, financing, major assumptions, internal rate
1144of return on private investment, whether any government funds
1145are assumed to deliver a cost-feasible project, and a total cash
1146flow analysis beginning with the implementation of the project
1147and extending for the term of the agreement.
1148     Section 19.  Subsection (2) of section 337.0261, Florida
1149Statutes, is amended to read:
1150     337.0261  Construction aggregate materials.--
1151     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
1152is a strategic and critical need for an available supply of
1153construction aggregate materials within the state and that a
1154disruption of the supply would cause a significant detriment to
1155the state's construction industry, transportation system, and
1156overall health, safety, and welfare. In addition, the
1157Legislature recognizes that construction aggregate materials
1158mining is an industry of critical importance to the state and
1159that the mining of construction aggregate materials is in the
1160public interest.
1161     Section 20.  Subsection (1) of section 337.401, Florida
1162Statutes, is amended to read:
1163     337.401  Use of right-of-way for utilities subject to
1164regulation; permit; fees.--
1165     (1)(a)  The department and local governmental entities,
1166referred to in ss. 337.401-337.404 as the "authority," that have
1167jurisdiction and control of public roads or publicly owned rail
1168corridors are authorized to prescribe and enforce reasonable
1169rules or regulations with reference to the placing and
1170maintaining along, across, or on any road or publicly owned rail
1171corridors under their respective jurisdictions any electric
1172transmission, telephone, telegraph, or other communications
1173services lines; pole lines; poles; railways; ditches; sewers;
1174water, heat, or gas mains; pipelines; fences; gasoline tanks and
1175pumps; or other structures referred to in this section as the
1176"utility." For aerial and underground electric utility
1177transmission lines designed to operate at 69 or more kilovolts
1178that are needed to accommodate the additional electrical
1179transfer capacity on the transmission grid resulting from new
1180base-load generating facilities, where there is no other
1181practicable alternative available for placement of the electric
1182utility transmission lines on the department's rights-of-way,
1183the department's rules shall provide for placement of and access
1184to such transmission lines adjacent to and within the right-of-
1185way of any department-controlled public roads, including
1186longitudinally within limited access facilities to the greatest
1187extent allowed by federal law, if compliance with the standards
1188established by such rules is achieved. Such rules may include,
1189but need not be limited to, that the use of the right-of-way is
1190reasonable based upon a consideration of economic and
1191environmental factors, including, without limitation, other
1192practicable alternative alignments, utility corridors and
1193easements, impacts on adjacent property owners, and minimum
1194clear zones and other safety standards, and further provide that
1195placement of the electric utility transmission lines within the
1196department's right-of-way does not interfere with operational
1197requirements of the transportation facility or planned or
1198potential future expansion of such transportation facility. If
1199the department approves longitudinal placement of electric
1200utility transmission lines in limited access facilities,
1201compensation for the use of the right-of-way is required. Such
1202consideration or compensation paid by the electric utility in
1203connection with the department's issuance of a permit does not
1204create any property right in the department's property
1205regardless of the amount of consideration paid or the
1206improvements constructed on the property by the utility. Upon
1207notice by the department that the property is needed for
1208expansion or improvement of the transportation facility, the
1209electric utility transmission line will relocate from the
1210facility at the electric utility's sole expense. The electric
1211utility shall pay to the department reasonable damages resulting
1212from the utility's failure or refusal to timely relocate its
1213transmission lines. The rules to be adopted by the department
1214may also address the compensation methodology and relocation. As
1215used in this subsection, the term "base-load generating
1216facilities" means electric power plants that are certified under
1217part II of chapter 403. The department may enter into a permit-
1218delegation agreement with a governmental entity if issuance of a
1219permit is based on requirements that the department finds will
1220ensure the safety and integrity of facilities of the Department
1221of Transportation; however, the permit-delegation agreement does
1222not apply to facilities of electric utilities as defined in s.
1223366.02(2).
1224     (b)  For aerial and underground electric utility
1225transmission lines designed to operate at 69 or more kilovolts
1226that are needed to accommodate the additional electrical
1227transfer capacity on the transmission grid resulting from new
1228base-load generating facilities, the department's rules shall
1229provide for placement of and access to such transmission lines
1230adjacent to and within the right-of-way of any department-
1231controlled public roads, including longitudinally within limited
1232access facilities where there is no other practicable
1233alternative available, to the greatest extent allowed by federal
1234law, if compliance with the standards established by such rules
1235is achieved. Such rules may include, but need not be limited to,
1236that the use of the limited access right-of-way for longitudinal
1237placement of electric utility transmission lines is reasonable
1238based upon a consideration of economic and environmental
1239factors, including, without limitation, other practicable
1240alternative alignments, utility corridors and easements, impacts
1241on adjacent property owners, and minimum clear zones and other
1242safety standards, and further provide that placement of the
1243electric utility transmission lines within the department's
1244right-of-way does not interfere with operational requirements of
1245the transportation facility or planned or potential future
1246expansion of such transportation facility. If the department
1247approves longitudinal placement of electric utility transmission
1248lines in limited access facilities, compensation for the use of
1249the right-of-way is required. Such consideration or compensation
1250paid by the electric utility in connection with the department's
1251issuance of a permit does not create any property right in the
1252department's property regardless of the amount of consideration
1253paid or the improvements constructed on the property by the
1254utility. Upon notice by the department that the property is
1255needed for expansion or improvement of the transportation
1256facility, the electric utility transmission line will relocate
1257at the electric utility's sole expense. The electric utility
1258shall pay to the department reasonable damages resulting from
1259the utility's failure or refusal to timely relocate its
1260transmission lines. The rules to be adopted by the department
1261may also address the compensation methodology and relocation. As
1262used in this subsection, the term "base-load generating
1263facilities" means electric power plants that are certified under
1264part II of chapter 403.
1265     Section 21.  Subsection (3) and paragraphs (b) and (c) of
1266subsection (4) of section 339.2816, Florida Statutes, are
1267amended to read:
1268     339.2816  Small County Road Assistance Program.--
1269     (3)  Beginning with fiscal year 1999-2000 until fiscal year
12702009-2010, and beginning again with fiscal year 2012-2013, up to
1271$25 million annually from the State Transportation Trust Fund
1272may be used for the purposes of funding the Small County Road
1273Assistance Program as described in this section.
1274     (4)
1275     (b)  In determining a county's eligibility for assistance
1276under this program, the department may consider whether the
1277county has attempted to keep county roads in satisfactory
1278condition, including the amount of local option fuel tax and ad
1279valorem millage rate imposed by the county. The department may
1280also consider the extent to which the county has offered to
1281provide a match of local funds with state funds provided under
1282the program. At a minimum, small counties shall be eligible only
1283if:
1284     1.  the county has enacted the maximum rate of the local
1285option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1286an ad valorem millage rate of at least 8 mills; or
1287     2.  The county has imposed an ad valorem millage rate of 10
1288mills.
1289     (c)  The following criteria shall be used to prioritize
1290road projects for funding under the program:
1291     1.  The primary criterion is the physical condition of the
1292road 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
1299county as defined in s. 218.67(1).
1300     f.e.  Other criteria related to the impact of a project on
1301the public road system or on the state or local economy as
1302determined by the department.
1303     Section 22.  Subsections (1) and (4) of section 339.2818,
1304Florida Statutes, are amended to read:
1305     339.2818  Small County Outreach Program.--
1306     (1)  There is created within the Department of
1307Transportation the Small County Outreach Program. The purpose of
1308this program is to assist small county governments in repairing
1309or rehabilitating county bridges, paving unpaved roads,
1310addressing road-related drainage improvements, resurfacing or
1311reconstructing county roads or in constructing capacity or
1312safety improvements to county roads.
1313     (4)(a)  Small counties shall be eligible to compete for
1314funds that have been designated for the Small County Outreach
1315Program for projects on county roads. The department shall fund
131675 percent of the cost of projects on county roads funded under
1317the program.
1318     (b)  In determining a county's eligibility for assistance
1319under this program, the department may consider whether the
1320county has attempted to keep county roads in satisfactory
1321condition which may be evidenced through an established pavement
1322management plan.
1323     (c)  The following criteria shall be used to prioritize
1324road projects for funding under the program:
1325     1.  The primary criterion is the physical condition of the
1326road 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
1333established pavement management plan.
1334     f.e.  Other criteria related to the impact of a project on
1335the public road system or on the state or local economy as
1336determined by the department.
1337     Section 23.  Subsections (1), (2), and (5) of section
1338339.64, Florida Statutes, are amended to read:
1339     339.64  Strategic Intermodal System Plan.--
1340     (1)  The department shall develop, in cooperation with
1341metropolitan planning organizations, regional planning councils,
1342local governments, the Statewide Intermodal Transportation
1343Advisory Council and other transportation providers, a Strategic
1344Intermodal System Plan. The plan shall be consistent with the
1345Florida Transportation Plan developed pursuant to s. 339.155 and
1346shall be updated at least once every 5 years, subsequent to
1347updates of the Florida Transportation Plan.
1348     (2)  In association with the continued development of the
1349Strategic Intermodal System Plan, the Florida Transportation
1350Commission, as part of its work program review process, shall
1351conduct an annual assessment of the progress that the department
1352and its transportation partners have made in realizing the goals
1353of economic development, improved mobility, and increased
1354intermodal connectivity of the Strategic Intermodal System. The
1355Florida Transportation Commission shall coordinate with the
1356department, the Statewide Intermodal Transportation Advisory
1357Council, and other appropriate entities when developing this
1358assessment. The Florida Transportation Commission shall deliver
1359a report to the Governor and Legislature no later than 14 days
1360after the regular session begins, with recommendations as
1361necessary to fully implement the Strategic Intermodal System.
1362     (5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY
1363COUNCIL.--
1364     (a)  The Statewide Intermodal Transportation Advisory
1365Council is created to advise and make recommendations to the
1366Legislature and the department on policies, planning, and
1367funding of intermodal transportation projects. The council's
1368responsibilities shall include:
1369     1.  Advising the department on the policies, planning, and
1370implementation of strategies related to intermodal
1371transportation.
1372     2.  Providing advice and recommendations to the Legislature
1373on funding for projects to move goods and people in the most
1374efficient and effective manner for the State of Florida.
1375     (b)  MEMBERSHIP.--Members of the Statewide Intermodal
1376Transportation Advisory Council shall consist of the following:
1377     1.  Six intermodal industry representatives selected by the
1378Governor as follows:
1379     a.  One representative from an airport involved in the
1380movement of freight and people from their airport facility to
1381another transportation mode.
1382     b.  One individual representing a fixed-route, local-
1383government transit system.
1384     c.  One representative from an intercity bus company
1385providing regularly scheduled bus travel as determined by
1386federal 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
1390major military installation.
1391     2.  Three intermodal industry representatives selected by
1392the 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)
1395from the Atlantic Coast.
1396     c.  One representative from an airport involved in the
1397movement of freight and people from their airport facility to
1398another transportation mode.
1399     3.  Three intermodal industry representatives selected by
1400the 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)
1403from the Gulf Coast.
1404     c.  One representative from intermodal trucking companies.
1405In no event may this representative be employed by the same
1406company that employs the intermodal trucking company
1407representative selected by the Governor.
1408     (c)  Initial appointments to the council must be made no
1409later than 30 days after the effective date of this section.
1410     1.  The initial appointments made by the President of the
1411Senate and the Speaker of the House of Representatives shall
1412serve terms concurrent with those of the respective appointing
1413officer. Beginning January 15, 2005, and for all subsequent
1414appointments, council members appointed by the President of the
1415Senate and the Speaker of the House of Representatives shall
1416serve 2-year terms, concurrent with the term of the respective
1417appointing officer.
1418     2.  The initial appointees, and all subsequent appointees,
1419made by the Governor shall serve 2-year terms.
1420     3.  Vacancies on the council shall be filled in the same
1421manner as the initial appointments.
1422     (d)  Each member of the council shall be allowed one vote.
1423The council shall select a chair from among its membership.
1424Meetings shall be held at the call of the chair, but not less
1425frequently than quarterly. The members of the council shall be
1426reimbursed for per diem and travel expenses as provided in s.
1427112.061.
1428     (e)  The department shall provide administrative staff
1429support and shall ensure that council meetings are
1430electronically recorded. Such recordings and all documents
1431received, prepared for, or used by the council in conducting its
1432business shall be preserved pursuant to chapters 119 and 257.
1433     Section 24.  Subsection (2) of section 341.071, Florida
1434Statutes, is amended to read:
1435     341.071  Transit productivity and performance measures;
1436reports.--
1437     (2)  Each public transit provider shall establish
1438productivity and performance measures, which must be approved by
1439the department and which must be selected from measures
1440developed pursuant to s. 341.041(3). Each provider shall, by
1441January 31 of each year, report to the department relative to
1442these measures. In approving these measures, the department
1443shall give consideration to the goals and objectives of each
1444system, the needs of the local area, and the role for public
1445transit in the local area. The report shall also specifically
1446address potential enhancements to productivity and performance
1447which would have the effect of increasing farebox recovery
1448ratio. The report shall also specifically address the use and
1449effectiveness of high-performance transit systems authorized in
1450s. 163.3180 and included in a county's or the Department of
1451Transportation's long-range plan.
1452     Section 25.  Paragraph (c) of subsection (4) of section
1453348.0003, Florida Statutes, is amended to read:
1454     348.0003  Expressway Authority; formation and;
1455membership.--
1456     (4)
1457     (c)  Members of each expressway an authority,
1458transportation authority, bridge authority, or toll authority,
1459created pursuant to this chapter, chapter 343, or chapter 349,
1460or pursuant to any other legislative enactment, shall be
1461required to comply with the applicable financial disclosure  
1462requirements of s. 8, Art. II of the State Constitution. This
1463paragraph does not subject a statutorily created expressway
1464authority, transportation authority, bridge authority, or toll
1465authority, other than one created under this part, to any of the
1466requirements of this part other than those contained in this
1467paragraph.
1468     Section 26.  Subsections (3) and (7) of section 348.51,
1469Florida Statutes, are amended to read:
1470     348.51  Definitions.--The following terms whenever used or
1471referred to in this part shall have the following meanings,
1472except in those instances where the context clearly indicates
1473otherwise:
1474     (3)  "Bonds" means and includes the notes, bonds, refunding
1475bonds, or other evidences of indebtedness or obligations, in
1476either temporary or definitive form, which of the authority is
1477authorized to issue issued pursuant to this part.
1478     (7)  "Expressway system" or "system" means, generally, a
1479modern highway system of roads, managed lanes, and other transit
1480supporting facilities, bridges, causeways, and tunnels in the
1481metropolitan area of the city, or within any area of the county,
1482including the Tampa Bay Region as defined by those counties set
1483forth in s. 343.91(1)(a), with access limited or unlimited as
1484the authority may determine, and such buildings and structures
1485and appurtenances and facilities related thereto, including all
1486approaches, streets, roads, bridges, and avenues of access for
1487such system.
1488     Section 27.  Section 348.53, Florida Statutes, is amended
1489to read:
1490     348.53  Purposes of the authority.--The authority is
1491created for the purposes and shall have power to construct,
1492reconstruct, improve, extend, repair, maintain and operate the
1493expressway system. It is hereby found and declared that such
1494purposes are in all respects for the benefit of the people of
1495the State of Florida, City of Tampa, and the County of
1496Hillsborough, and Tampa Bay Region, for the increase of their
1497pleasure, convenience and welfare, for the improvement of their
1498health, to facilitate transportation, including transit support
1499facilities, for their recreation and commerce and for the common
1500defense. The authority shall be performing a public purpose and
1501a governmental function in carrying out its corporate purpose
1502and in exercising the powers granted herein.
1503     Section 28.  Subsections (7) and (8) of section 348.54,
1504Florida Statutes, are amended to read:
1505     348.54  Powers of the authority.--Except as otherwise
1506limited herein, the authority shall have the power:
1507     (7)  To borrow money and to make and issue negotiable
1508bonds, notes, refunding bonds, and other evidences of
1509indebtedness or obligations, either in temporary or definitive
1510form, hereinafter in this chapter referred to as "bonds of the
1511authority," for the purpose of financing all or part of the
1512improvement or extension of the expressway system, and
1513appurtenant facilities, including all approaches, streets,
1514roads, bridges, and avenues of access for the expressway system
1515and for any other purpose authorized by this part and to provide
1516for the rights of the holders thereof.
1517     (8)  To secure the payment of bonds by a pledge of all or
1518any portion of the revenues or such other moneys legally
1519available therefor and of all or any portion of the Hillsborough
1520County gasoline tax funds in the manner provided by this part;
1521and in general to provide for the security of the bonds and the
1522rights and remedies of the holders thereof. Interest upon the
1523amount of gasoline tax funds to be repaid to the county pursuant
1524to s. 348.60 shall be payable, at the highest rate applicable to
1525any outstanding bonds of the authority, out of revenues and
1526other available moneys not required to meet the authority's
1527obligations to its bondholders. The authority shall have no
1528power at any time or in any manner to pledge the credit or
1529taxing power of the state or any political subdivision or
1530agency, including the city and the county, nor shall any of the
1531authority's obligations be deemed to be obligations of the state
1532or of any political subdivision or agency, nor shall the state
1533or any political subdivision or agency, except the authority, be
1534liable for the payment of the principal of or interest on such
1535obligations.
1536     Section 29.  Section 348.545, Florida Statutes, is amended
1537to read:
1538     348.545  Facility improvement; bond financing
1539authority.--Pursuant to s. 11(f), Art. VII of the State
1540Constitution, the Legislature hereby approves for bond financing
1541by the Tampa-Hillsborough County Expressway Authority
1542improvements to toll collection facilities, interchanges to the
1543legislatively approved expressway system, and any other facility
1544appurtenant, necessary, or incidental to the approved system.
1545Subject to terms and conditions of applicable revenue bond
1546resolutions and covenants, such costs financing may be financed
1547in whole or in part by revenue bonds issued pursuant to s.
1548348.56(1)(a) or (b) whether currently issued or issued in the
1549future, or by a combination of such bonds.
1550     Section 30.  Subsections (1) and (2) of section 348.56,
1551Florida Statutes, are amended to read:
1552     348.56  Bonds of the authority.--
1553     (1)(a)  Bonds may be issued on behalf of the authority
1554pursuant to the State Bond Act.
1555     (b)  Alternatively, the authority shall have the power and
1556is hereby authorized from time to time to issue bonds in such
1557principal amount as, in the opinion of the authority, shall be
1558necessary to provide sufficient moneys for achieving its
1559corporate purposes, including construction, reconstruction,
1560improvement, extension, repair, maintenance and operation of the
1561expressway system, the cost of acquisition of all real property,
1562interest on bonds during construction and for a reasonable
1563period thereafter, establishment of reserves to secure bonds,
1564and all other expenditures of the authority incident to and
1565necessary or convenient to carry out its corporate purposes and
1566powers.
1567     (2)(a)  Bonds issued by the authority pursuant to paragraph
1568(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1569the members of the authority and shall bear such date or dates,
1570mature at such time or times, not exceeding 40 years from their
1571respective dates, bear interest at such rate or rates, not
1572exceeding the maximum rate fixed by general law for authorities,
1573be in such denominations, be in such form, either coupon or
1574fully registered, carry such registration, exchangeability and
1575interchangeability privileges, be payable in such medium of
1576payment and at such place or places, be subject to such terms of
1577redemption and be entitled to such priorities of lien on the
1578revenues, other available moneys, and the Hillsborough County
1579gasoline tax funds as such resolution or any resolution
1580subsequent thereto may provide. The bonds shall be executed
1581either by manual or facsimile signature by such officers as the
1582authority shall determine, provided that such bonds shall bear
1583at least one signature which is manually executed thereon. The
1584coupons attached to such bonds shall bear the facsimile
1585signature or signatures of such officer or officers as shall be
1586designated by the authority. Such bonds shall have the seal of
1587the authority affixed, imprinted, reproduced, or lithographed
1588thereon.
1589     (b)  The bonds issued pursuant to paragraph (1)(a) or
1590paragraph (1)(b) shall be sold at public sale in the same manner
1591provided in the State Bond Act, and the net interest cost to the
1592authority on such bonds shall not exceed the maximum rate fixed
1593by general law for authorities. If all bids received on the
1594public sale are rejected, the authority may then proceed to
1595negotiate for the sale of the bonds at a net interest cost which
1596shall be less than the lowest net interest cost stated in the
1597bids rejected at the public sale. However, if the authority
1598determines, by official action at a public meeting, that a
1599negotiated sale of such bonds is in the best interest of the
1600authority, the authority may negotiate the sale of such bonds
1601with the underwriter or underwriters designated by the authority
1602and the Division of Bond Finance within the State Board of
1603Administration with respect to bonds issued pursuant to
1604paragraph (1)(a) or solely by the authority with respect to
1605bonds issued pursuant to paragraph (1)(b). The authority's
1606determination to negotiate the sale of such bonds may be based,
1607in part, upon the written advice of the authority's financial
1608adviser. Pending the preparation of definitive bonds, temporary
1609bonds or interim certificates may be issued to the purchaser or
1610purchasers of such bonds and may contain such terms and
1611conditions as the authority may determine.
1612     Section 31.  Section 348.565, Florida Statutes, is amended
1613to read:
1614     348.565  Revenue bonds for specified projects.--The
1615existing facilities that constitute the Tampa-Hillsborough
1616County Expressway System are hereby approved to be refinanced by
1617the issuance of revenue bonds issued by the Division of Bond
1618Finance of the State Board of Administration pursuant to s.
161911(f), Art. VII of the State Constitution and the State Bond
1620Act, or by revenue bonds issued by the authority pursuant to s.
1621348.56(1)(b). In addition, the following projects of the Tampa-
1622Hillsborough County Expressway Authority are approved to be
1623financed or refinanced by the issuance of revenue bonds in
1624accordance with this part and pursuant to s. 11(f), Art. VII of
1625the State Constitution:
1626     (1)  Brandon area feeder roads.
1627     (2)  Capital improvements to the expressway system,
1628including safety and operational improvements and toll
1629collection equipment.
1630     (3)  Lee Roy Selmon Crosstown Expressway System widening.
1631     (4)  The connector highway linking the Lee Roy Selmon
1632Crosstown Expressway to Interstate 4.
1633     (5)  Managed lanes and other transit support facilities.
1634     Section 32.  Subsection (1) of section 348.57, Florida
1635Statutes, is amended to read:
1636     348.57  Refunding bonds.--
1637     (1)  Subject to public notice as provided in s. 348.54, the
1638authority is authorized to provide by resolution for the
1639issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1640for the purpose of refunding any bonds then outstanding
1641regardless of whether the bonds being refunded were issued by
1642the authority pursuant to this chapter or on behalf of the
1643authority pursuant to the State Bond Act. The authority is
1644further authorized to provide by resolution for the issuance of
1645bonds for the combined purpose of:
1646     (a)  Paying the cost of constructing, reconstructing,
1647improving, extending, repairing, maintaining and operating the
1648expressway system.
1649     (b)  Refunding bonds then outstanding. The authorization,
1650sale and issuance of such obligations, the maturities and other
1651details thereof, the rights and remedies of the holders thereof,
1652and the rights, powers, privileges, duties and obligations of
1653the authority with respect to the same shall be governed by the
1654foregoing provisions of this part insofar as the same may be
1655applicable.
1656     Section 33.  Section 348.70, Florida Statutes, is amended
1657to read:
1658     348.70  This part complete and additional authority.--
1659     (1)  The powers conferred by this part shall be in addition
1660and supplemental to the existing respective powers of the
1661authority, the department, the county, and the city, if any, and
1662this part shall not be construed as repealing any of the
1663provisions of any other law, general, special, or local, but
1664shall be deemed to supersede such other law or laws in the
1665exercise of the powers provided in this part insofar as such
1666other law or laws are inconsistent with the provisions of this
1667part and to provide a complete method for the exercise of the
1668powers granted herein. The construction, reconstruction,
1669improvement, extension, repair, maintenance, and operation of
1670the expressway system, and the issuance of bonds hereunder to
1671finance all or part of the cost thereof, may be accomplished
1672upon compliance with the provisions of this part without regard
1673to or necessity for compliance with the provisions, limitations,
1674or restrictions contained in any other general, special, or
1675local law, including, but not limited to, s. 215.821, and no
1676approval of any bonds issued under this part by the qualified
1677electors or qualified electors who are freeholders in the state
1678or in the county or in the city or in any other political
1679subdivision of the state shall be required for the issuance of
1680such bonds.
1681     (2)  This part does not repeal, rescind, or modify any
1682other law or laws relating to the State Board of Administration,
1683the Department of Transportation, or the Division of Bond
1684Finance of the State Board of Administration, but shall
1685supersede such other law or laws as are inconsistent with the
1686provisions of this part, including, but not limited to, s.
1687215.821.
1688     Section 34.  Subsection (6) of section 369.317, Florida
1689Statutes, is amended to read:
1690     369.317  Wekiva Parkway.--
1691     (6)  The Orlando-Orange County Expressway Authority is
1692hereby granted the authority to act as a third-party acquisition
1693agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1694or chapter 373 on behalf of the governing board of the St. Johns
1695River Water Management District, for the acquisition of all
1696necessary lands, property and all interests in property
1697identified herein, including fee simple or less-than-fee simple
1698interests. The lands subject to this authority are identified in
1699paragraph 10.a., State of Florida, Office of the Governor,
1700Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1701of the Wekiva Basin Area Task Force created by Executive Order
17022002-259, such lands otherwise known as Neighborhood Lakes, a
17031,587+/- acre parcel located in Orange and Lake Counties within
1704Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1705and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1706Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
1707County within Section 37, Township 19 South, Range 28 East; New
1708Garden Coal; a 1,605+/- acre parcel in Lake County within
1709Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1710East; Pine Plantation, a 617+/- acre tract consisting of eight
1711individual parcels within the Apopka City limits. The Department
1712of Transportation, the Department of Environmental Protection,
1713the St. Johns River Water Management District, and other land
1714acquisition entities shall participate and cooperate in
1715providing information and support to the third-party acquisition
1716agent. The land acquisition process authorized by this paragraph
1717shall begin no later than December 31, 2004. Acquisition of the
1718properties identified as Neighborhood Lakes, Pine Plantation,
1719and New Garden Coal, or approval as a mitigation bank shall be
1720concluded no later than December 31, 2010. Department of
1721Transportation and Orlando-Orange County Expressway Authority
1722funds expended to purchase an interest in those lands identified
1723in this subsection shall be eligible as environmental mitigation
1724for road construction related impacts in the Wekiva Study Area.
1725If any of the lands identified in this subsection are used as
1726environmental mitigation for road-construction-related impacts
1727incurred by the Department of Transportation or the Orlando-
1728Orange County Expressway Authority, or for other impacts
1729incurred by other entities, within the Wekiva Study Area or
1730within the Wekiva Parkway alignment corridor and, if the
1731mitigation offsets such impacts, the St. Johns River Water
1732Management District and the Department of Environmental
1733Protection shall consider the activity regulated under part IV
1734of chapter 373 to meet the cumulative impact requirements of s.
1735373.414(8)(a).
1736     (a)  Acquisition of the land described in this section is
1737required to provide right of way for the Wekiva Parkway, a
1738limited access roadway linking State Road 429 to Interstate 4,
1739an essential component in meeting regional transportation needs
1740to provide regional connectivity, improve safety, accommodate
1741projected population and economic growth, and satisfy critical
1742transportation requirements caused by increased traffic volume
1743growth and travel demands.
1744     (b)  Acquisition of the lands described in this section is
1745also required to protect the surface water and groundwater
1746resources of Lake, Orange, and Seminole counties, otherwise
1747known as the Wekiva Study Area, including recharge within the
1748springshed that provides for the Wekiva River system. Protection
1749of this area is crucial to the long term viability of the Wekiva
1750River and springs and the central Florida region's water supply.
1751Acquisition of the lands described in this section is also
1752necessary to alleviate pressure from growth and development
1753affecting the surface and groundwater resources within the
1754recharge area.
1755     (c)  Lands acquired pursuant to this section that are
1756needed for transportation facilities for the Wekiva Parkway
1757shall be determined not necessary for conservation purposes
1758pursuant to ss. 253.034(6) and 373.089(5) and shall be
1759transferred to or retained by the Orlando-Orange County
1760Expressway Authority or the Department of Transportation upon
1761reimbursement of the full purchase price and acquisition costs.
1762     Section 35.  Paragraph (a) of subsection (7) of section
1763380.06, 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,
1767the developer shall contact the regional planning agency with
1768jurisdiction over the proposed development to arrange a
1769preapplication conference. Upon the request of the developer or
1770the regional planning agency, other affected state and regional
1771agencies shall participate in this conference and shall identify
1772the types of permits issued by the agencies, the level of
1773information required, and the permit issuance procedures as
1774applied to the proposed development. The level-of-service
1775standards required in the transportation methodology must be the
1776same level-of-service standards used to evaluate concurrency in
1777accordance with s. 163.3180. The regional planning agency shall
1778provide the developer information to the developer about the
1779development-of-regional-impact process and the use of
1780preapplication conferences to identify issues, coordinate
1781appropriate state and local agency requirements, and otherwise
1782promote a proper and efficient review of the proposed
1783development. If an agreement is reached regarding assumptions
1784and methodology to be used in the application for development
1785approval, the reviewing agencies may not subsequently object to
1786those assumptions and methodologies unless subsequent changes to
1787the project or information obtained during the review make those
1788assumptions and methodologies inappropriate.
1789     Section 36.  Sections 479.01, 479.015, 479.02, 479.03,
1790479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
1791479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
1792479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
1793are designated as part I of chapter 479, Florida Statutes.
1794     Section 37.  Sections 479.261, 479.262, 479.27, 479.28, and
1795479.30, Florida Statutes, are designated as part II of chapter
1796479, Florida Statutes.
1797     Section 38.  Part III of chapter 479, Florida Statutes,
1798consisting of sections 479.310, 479.311, 479.312, 479.313, and
1799479.314, is created to read:
1800
PART III
1801
SIGN REMOVAL
1802     479.310  Legislative intent.--It is the intent of this part
1803to relieve the department from the financial burden incurred in
1804the removal of unpermitted and illegal signs located within the
1805controlled areas adjacent to the State Highway System,
1806interstate, or federal-aid primary system; to place the
1807financial responsibility for the cost of such removal directly
1808upon those benefiting from the location and operation of such
1809unpermitted and illegal signs; and to provide clear authority to
1810the department for the recovery of cost incurred by the
1811department in the removal of such unpermitted and illegal signs.
1812     479.311  Jurisdiction; venue.--The county court shall have
1813jurisdiction concurrent with the circuit court to consider
1814claims filed by the department in amounts that are within their
1815jurisdictional limitations. Venue shall be the Leon County for
1816the purpose of a claim filed by the department to recover its
1817costs as provided in this section.
1818     479.312  Unpermitted signs; cost of removal.--All costs
1819incurred by the department in connection with the removal of a
1820sign located within a controlled area adjacent to the interstate
1821highway system, the federal-aid primary highway system, or the
1822State Highway System shall be assessed against and collected
1823from the following persons if they have not been issued a permit
1824under 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
1828located.
1829
1830For the purpose of this subsection, a sign that does not display
1831the name of the owner of the sign shall be presumed to be owned
1832by the owner of the property upon which the sign is located.
1833     479.313  Permit revocation; cost of removal.--All costs
1834incurred by the department in connection with the removal of a
1835sign located within a controlled area adjacent to the interstate
1836highway system, the federal-aid primary highway system, or the
1837State Highway System following the revocation of the permit for
1838such sign shall be assessed against and collected from the
1839permittee.
1840     479.314  Highway rights-of-way; cost of sign removal.--All
1841costs incurred by the department in connection with the removal
1842of a sign located within a right-of-way of the interstate
1843highway system, the federal-aid primary highway system, or the
1844State Highway System shall be assessed against and collected
1845from the owner of the sign or the advertiser displayed on the
1846sign.
1847     Section 39.  Section 705.18, Florida Statutes, is amended
1848to read:
1849     705.18  Disposal of personal property lost or abandoned on
1850university or community college campuses or certain public-use
1851airports; disposition of proceeds from sale thereof.--
1852     (1)  Whenever any lost or abandoned personal property shall
1853be found on a campus of an institution in the State University
1854System or a campus of a state-supported community college, or on
1855premises owned or controlled by the operator of a public-use
1856airport having regularly scheduled international passenger
1857service, the president of the institution or the president's
1858designee or the director of the airport or the director's
1859designee shall take charge thereof and make a record of the date
1860such property was found. If, within 30 days after such property
1861is found, or a longer period of time as may be deemed
1862appropriate by the president or the director under the
1863circumstances, the property it is not claimed by the owner, the
1864president or director shall order it sold at public outcry after
1865giving notice of the time and place of sale in a publication of
1866general circulation on the campus of such institution or within
1867the county where the airport is located and written notice to
1868the owner if known. The rightful owner of such property may
1869reclaim the same at any time prior to sale.
1870     (2)  All moneys realized from such institution's sale shall
1871be placed in an appropriate fund and used solely for student
1872scholarship and loan purposes. All moneys realized from such
1873sale by an airport, less its costs of storage, transportation,
1874and publication of notice, shall, unless another use is required
1875by federal law, be deposited into the state school fund.
1876     Section 40.  Section 705.182, Florida Statutes, is created
1877to read:
1878     705.182  Disposal of personal property found on the
1879premises of public-use airports.--
1880     (1)  Whenever any personal property, other than an aircraft
1881or motor vehicle, is found on premises owned or controlled by
1882the operator of a public-use airport, the director of the
1883airport or the director's designee shall take charge thereof and
1884make a record of the date such property was found.
1885     (2)  If, within 30 calendar days after such property is
1886found or for a longer period of time as may be deemed
1887appropriate by the director or the director's designee under the
1888circumstances, the property is not claimed by the owner, the
1889director or the director's designee may:
1890     (a)  Retain any or all of the property for use by the
1891airport or for use by the state or the unit of local government
1892owning or operating the airport;
1893     (b)  Trade such property to another unit of local
1894government 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
1898removal company or a company that provides salvage services for
1899the type of personal property found or located on the airport
1900premises.
1901     (3)  The airport shall notify the owner, if known, of the
1902property found on the airport premises and that the airport
1903intends to dispose of the property as provided in subsection
1904(2).
1905     (4)  If the airport elects to sell the property under
1906paragraph (2)(d), the property must be sold at a public auction
1907either on the Internet or at a specified physical location after
1908giving notice of the time and place of sale, at least 10
1909calendar days prior to the date of sale, in a publication of
1910general circulation within the county where the airport is
1911located and after written notice, via certified mail, return
1912receipt requested, is provided to the owner, if known. Any such
1913notice shall be sufficient if the notice refers to the airport's
1914intention to sell all then-accumulated found property, and there
1915is no requirement that the notice identify each item to be sold.
1916The rightful owner of such property may reclaim the property at
1917any time prior to sale by presenting acceptable evidence of
1918ownership to the airport director or the director's designee.
1919All proceeds from the sale of the property shall be retained by
1920the airport for use by the airport in any lawfully authorized
1921manner.
1922     (5)  Nothing in this section shall preclude the airport
1923from allowing a domestic or international air carrier or other
1924tenant, on premises owned or controlled by the operator of a
1925public-use airport, to establish its own lost and found
1926procedures for personal property and to dispose of such personal
1927property.
1928     (6)  A purchaser or recipient in good faith of personal
1929property sold or obtained under this section shall take the
1930property free of the rights of persons then holding any legal or
1931equitable interest thereto, whether or not recorded.
1932     Section 41.  Section 705.183, Florida Statutes, is created
1933to read:
1934     705.183  Disposal of derelict or abandoned aircraft on the
1935premises of public-use airports.--
1936     (1)(a)  Whenever any derelict or abandoned aircraft is
1937found or located on premises owned or controlled by the operator
1938of a public-use airport, whether or not such premises are under
1939a lease or license to a third party, the director of the airport
1940or the director's designee shall make a record of the date the
1941aircraft was found or determined to be present on the airport
1942premises.
1943     (b)  For purposes of this section, the term:
1944     1.  "Abandoned aircraft" means an aircraft that has been
1945disposed of on a public-use airport in a wrecked, inoperative,
1946or partially dismantled condition or an aircraft that has
1947remained in an idle state on premises owned or controlled by the
1948operator of a public-use airport for 45 consecutive calendar
1949days.
1950     2.  "Derelict aircraft" means any aircraft that is not in a
1951flyable condition, does not have a current certificate of air
1952worthiness issued by the Federal Aviation Administration, and is
1953not in the process of actively being repaired.
1954     (2)  The director or the director's designee shall contact
1955the Federal Aviation Administration, Aircraft Registration
1956Branch, to determine the name and address of the last registered
1957owner of the aircraft and shall make a diligent personal search
1958of the appropriate records, or contact an aircraft title search
1959company, to determine the name and address of any person having
1960an equitable or legal interest in the aircraft. Within 10
1961business days after receipt of the information, the director or
1962the director's designee shall notify the owner and all persons
1963having an equitable or legal interest in the aircraft by
1964certified mail, return receipt requested, of the location of the
1965derelict or abandoned aircraft on the airport premises, that
1966fees and charges for the use of the airport by the aircraft have
1967accrued and the amount thereof, that the aircraft is subject to
1968a lien under subsection (5) for the accrued fees and charges for
1969the use of the airport and for the transportation, storage, and
1970removal of the aircraft, that the lien is subject to enforcement
1971pursuant to law, and that the airport may cause the use, trade,
1972sale, or removal of the aircraft as described in s.
1973705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
1974after the date of receipt of such notice, the aircraft has not
1975been removed from the airport upon payment in full of all
1976accrued fees and charges for the use of the airport and for the
1977transportation, storage, and removal of the aircraft. Such
1978notice may require removal of the aircraft in less than 30
1979calendar days if the aircraft poses a danger to the health or
1980safety of users of the airport, as determined by the director or
1981the director's designee.
1982     (3)  If the owner of the aircraft is unknown or cannot be
1983found, the director or the director's designee shall cause a
1984laminated notice to be placed upon such aircraft in
1985substantially the following form:
1986
1987NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1988PROPERTY.  This property, to wit:  (setting forth brief
1989description) is unlawfully upon public property known as
1990(setting forth brief description of location) and has accrued
1991fees and charges for the use of the (same description of
1992location as above) and for the transportation, storage, and
1993removal of the property. These accrued fees and charges must be
1994paid in full and the property must be removed within 30 calendar
1995days after the date of this notice; otherwise, the property will
1996be removed and disposed of pursuant to chapter 705, Florida
1997Statutes. The property is subject to a lien for all accrued fees
1998and charges for the use of the public property known as (same
1999description of location as above) by such property and for all
2000fees and charges incurred by the public property known as (same
2001description of location as above) for the transportation,
2002storage, and removal of the property. This lien is subject to
2003enforcement pursuant to law. The owner will be liable for such
2004fees and charges, as well as the cost for publication of this
2005notice. Dated this:  (setting forth the date of posting of
2006notice), signed:  (setting forth name, title, address, and
2007telephone number of law enforcement officer).
2008
2009Such notice shall be not less than 8 inches by 10 inches and
2010shall be sufficiently weatherproof to withstand normal exposure
2011to the weather. If, at the end of 30 calendar days after posting
2012the notice, the owner or any person interested in the described
2013derelict or abandoned aircraft has not removed the aircraft from
2014the airport upon payment in full of all accrued fees and charges
2015for the use of the airport and for the transportation, storage,
2016and removal of the aircraft, or shown reasonable cause for
2017failure to do so, the director or the director's designee may
2018cause the use, trade, sale, or removal of the aircraft as
2019described in s. 705.182(2)(a), (b), (d), or (e).
2020     (4)  Such aircraft shall be removed within the time period
2021specified in the notice provided under subsection (2) or
2022subsection (3). If, at the end of such period of time, the owner
2023or any person interested in the described derelict or abandoned
2024aircraft has not removed the aircraft from the airport upon
2025payment in full of all accrued fees and charges for the use of
2026the airport and for the transportation, storage, and removal of
2027the aircraft, or shown reasonable cause for the failure to do
2028so, the director or the director's designee may cause the use,
2029trade, sale, or removal of the aircraft as described in s.
2030705.182(2)(a), (b), (d), or (e).
2031     (a)  If the airport elects to sell the aircraft in
2032accordance with s. 705.182(2)(d), the aircraft must be sold at
2033public auction after giving notice of the time and place of
2034sale, at least 10 calendar days prior to the date of sale, in a
2035publication of general circulation within the county where the
2036airport is located and after providing written notice of the
2037intended sale to all parties known to have an interest in the
2038aircraft.
2039     (b)  If the airport elects to dispose of the aircraft in
2040accordance with s. 705.182(2)(e), the airport shall be entitled
2041to negotiate with the company for a price to be received from
2042such company in payment for the aircraft, or, if circumstances
2043so warrant, a price to be paid to such company by the airport
2044for the costs of disposing of the aircraft. All information
2045pertaining to the establishment of such price and the
2046justification for the amount of such price shall be prepared and
2047maintained by the airport, and such negotiated price shall be
2048deemed to be a commercially reasonable price.
2049     (c)  If the sale price or the negotiated price is less than
2050the airport's then current charges and costs against the
2051aircraft, or if the airport is required to pay the salvage
2052company for its services, the owner of the aircraft shall remain
2053liable to the airport for the airport's costs that are not
2054offset by the sale price or negotiated price, in addition to the
2055owner's liability for payment to the airport of the price the
2056airport was required to pay any salvage company. All costs
2057incurred by the airport in the removal, storage, and sale of any
2058aircraft shall be recoverable against the owner thereof.
2059     (5)  The airport shall have a lien on a derelict or
2060abandoned aircraft for all fees and charges for the use of the
2061airport by such aircraft and for all fees and charges incurred
2062by the airport for the transportation, storage, and removal of
2063the aircraft. As a prerequisite to perfecting a lien under this
2064section, the airport director or the director's designee must
2065serve a notice in accordance with subsection (2) on the last
2066registered owner and all persons having an equitable or legal
2067interest in the aircraft. Serving the notice does not dispense
2068with recording the claim of lien.
2069     (6)(a)  For the purpose of perfecting its lien under this
2070section, the airport shall record a claim of lien which shall
2071state:
2072     1.  The name and address of the airport.
2073     2.  The name of the last registered owner of the aircraft
2074and all persons having a legal or equitable interest in the
2075aircraft.
2076     3.  The fees and charges incurred by the aircraft for the
2077use of the airport and the fees and charges for the
2078transportation, storage, and removal of the aircraft.
2079     4.  A description of the aircraft sufficient for
2080identification.
2081     (b)  The claim of lien shall be signed and sworn to or
2082affirmed by the airport director or the director's designee.
2083     (c)  The claim of lien shall be sufficient if it is in
2084substantially the following form:
2085
2086
CLAIM OF LIEN
2087State of ______
2088County of ______
2089Before 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
2092following described aircraft:
2093(Description of aircraft)
2094owned 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
2097of the aircraft from _______________; that the lienor served its
2098notice to the last registered owner and all persons having a
2099legal or equitable interest in the aircraft on ____, (year),
2100by________.
2101(Signature)
2102Sworn to (or affirmed) and subscribed before me this _____day
2103of___, (year), by (name of person making statement).
2104(Signature of Notary Public)(Print, Type, or Stamp Commissioned
2105name of Notary Public)
2106Personally Known___OR Produced_____as identification.
2107
2108However, the negligent inclusion or omission of any information
2109in this claim of lien which does not prejudice the last
2110registered owner does not constitute a default that operates to
2111defeat an otherwise valid lien.
2112     (d)  The claim of lien shall be served on the last
2113registered owner of the aircraft and all persons having an
2114equitable or legal interest in the aircraft. The claim of lien
2115shall be so served before recordation.
2116     (e)  The claim of lien shall be recorded with the clerk of
2117court in the county where the airport is located. The recording
2118of the claim of lien shall be constructive notice to all persons
2119of the contents and effect of such claim. The lien shall attach
2120at the time of recordation and shall take priority as of that
2121time.
2122     (7)  A purchaser or recipient in good faith of an aircraft
2123sold or obtained under this section takes the property free of
2124the rights of persons then holding any legal or equitable
2125interest thereto, whether or not recorded. The purchaser or
2126recipient is required to notify the appropriate Federal Aviation
2127Administration office of such change in the registered owner of
2128the aircraft.
2129     (8)  If the aircraft is sold at public sale, the airport
2130shall deduct from the proceeds of sale the costs of
2131transportation, storage, publication of notice, and all other
2132costs reasonably incurred by the airport, and any balance of the
2133proceeds shall be deposited into an interest-bearing account not
2134later than 30 calendar days after the airport's receipt of the
2135proceeds and held there for 1 year. The rightful owner of the
2136aircraft may claim the balance of the proceeds within 1 year
2137after the date of the deposit by making application to the
2138airport and presenting acceptable written evidence of ownership
2139to the airport's director or the director's designee. If no
2140rightful owner claims the proceeds within the 1-year time
2141period, the balance of the proceeds shall be retained by the
2142airport to be used in any manner authorized by law.
2143     (9)  Any person acquiring a legal interest in an aircraft
2144that is sold by an airport under this section or s. 705.182
2145shall be the lawful owner of such aircraft and all other legal
2146or equitable interests in such aircraft shall be divested and of
2147no further force and effect, provided that the holder of any
2148such legal or equitable interests was notified of the intended
2149disposal of the aircraft to the extent required in this section.
2150The airport may issue documents of disposition to the purchaser
2151or recipient of an aircraft disposed of under this section.
2152     Section 42.  Section 705.184, Florida Statutes, is created
2153to read:
2154     705.184  Derelict or abandoned motor vehicles on the
2155premises of public-use airports.--
2156     (1)(a)  Whenever any derelict or abandoned motor vehicle is
2157found on premises owned or controlled by the operator of a
2158public-use airport, including airport premises leased to a third
2159party, the director of the airport or the director's designee
2160may take charge thereof and make a record of the date such motor
2161vehicle was found.
2162     (b)  For purposes of this section, the term:
2163     1.  "Abandoned motor vehicle" means a motor vehicle that
2164has been disposed of on a public-use airport in a wrecked,
2165inoperative, or partially dismantled condition or a motor
2166vehicle that has remained in an idle state on the premises of a
2167public-use airport for 45 consecutive calendar days.
2168     2.  "Derelict motor vehicle" means any motor vehicle that
2169is not in a drivable condition.
2170     (c)  After the information relating to the abandoned or
2171derelict motor vehicle is recorded in the airport's records, the
2172director or the director's designee may cause the motor vehicle
2173to be removed from airport premises by the airport's wrecker or
2174by a licensed independent wrecker company to be stored at a
2175suitable location on or off the airport premises. If the motor
2176vehicle is to be removed from airport premises by the airport's
2177wrecker, the airport must follow the procedures in subsections
2178(2)-(8). The procedures in subsections (2)-(8) do not apply if
2179the motor vehicle is removed from the airport premises by a
2180licensed independent wrecker company.
2181     (2)  The airport director or the director's designee shall
2182contact the Department of Highway Safety and Motor Vehicles to
2183notify that department that the airport has possession of the
2184abandoned or derelict motor vehicle and to determine the name
2185and address of the owner of the motor vehicle, the insurance
2186company insuring the motor vehicle notwithstanding the
2187provisions of s. 627.736, and any person who has filed a lien on
2188the motor vehicle. Within 7 business days after receipt of the
2189information, the director or the director's designee shall send
2190notice by certified mail, return receipt requested, to the owner
2191of the motor vehicle, the insurance company insuring the motor
2192vehicle notwithstanding the provisions of s. 627.736, and all
2193persons of record claiming a lien against the motor vehicle. The
2194notice shall state the fact of possession of the motor vehicle,
2195that charges for reasonable towing, storage, and parking fees,
2196if any, have accrued and the amount thereof, that a lien as
2197provided in subsection (6) will be claimed, that the lien is
2198subject to enforcement pursuant to law, that the owner or
2199lienholder, if any, has the right to a hearing as set forth in
2200subsection (4), and that any motor vehicle which, at the end of
220130 calendar days after receipt of the notice, has not been
2202removed from the airport upon payment in full of all accrued
2203charges for reasonable towing, storage, and parking fees, if
2204any, 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
2206being sold free of all prior liens after 35 calendar days after
2207the time the motor vehicle is stored if any prior liens on the
2208motor vehicle are more than 5 years of age or after 50 calendar
2209days after the time the motor vehicle is stored if any prior
2210liens on the motor vehicle are 5 years of age or less.
2211     (3)  If attempts to notify the owner or lienholder pursuant
2212to subsection (2) are not successful, the requirement of notice
2213by mail shall be considered met and the director or the
2214director's designee, in accordance with subsection (5), may
2215cause the motor vehicle to be disposed of as provided in s.
2216705.182(2)(a), (b), (d), or (e), including, but not limited to,
2217the motor vehicle being sold free of all prior liens after 35
2218calendar days after the time the motor vehicle is stored if any
2219prior liens on the motor vehicle are more than 5 years of age or
2220after 50 calendar days after the time the motor vehicle is
2221stored if any prior liens on the motor vehicle are 5 years of
2222age or less.
2223     (4)(a)  The owner of, or any person with a lien on, a motor
2224vehicle removed pursuant to subsection (1), may, within 10
2225calendar days after the time he or she has knowledge of the
2226location of the motor vehicle, file a complaint in the county
2227court of the county in which the motor vehicle is stored to
2228determine if his or her property was wrongfully taken or
2229withheld.
2230     (b)  Upon filing a complaint, an owner or lienholder may
2231have his or her motor vehicle released upon posting with the
2232court a cash or surety bond or other adequate security equal to
2233the amount of the fees for towing, storage, and accrued parking,
2234if any, to ensure the payment of such fees in the event he or
2235she does not prevail. Upon the posting of the bond or other
2236adequate security and the payment of any applicable fee, the
2237clerk of the court shall issue a certificate notifying the
2238airport of the posting of the bond or other adequate security
2239and directing the airport to release the motor vehicle. At the
2240time of such release, after reasonable inspection, the owner or
2241lienholder shall give a receipt to the airport reciting any
2242claims he or she has for loss or damage to the motor vehicle or
2243the contents thereof.
2244     (5)  If, after 30 calendar days after receipt of the
2245notice, the owner or any person claiming a lien has not removed
2246the motor vehicle from its storage location upon payment in full
2247of all accrued charges for reasonable towing, storage, and
2248parking fees, if any, or shown reasonable cause for the failure
2249to do so, the airport director or the director's designee may
2250dispose 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
2252vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2253sold free of all prior liens after 35 calendar days after the
2254time the motor vehicle is stored if any prior liens on the motor
2255vehicle are more than 5 years of age or after 50 calendar days
2256after the time the motor vehicle is stored if any prior liens on
2257the motor vehicle are 5 years of age or less. The sale shall be
2258a public auction either on the Internet or at a specified
2259physical location. If the date of the sale was not included in
2260the notice required in subsection (2), notice of the sale, sent
2261by certified mail, return receipt requested, shall be given to
2262the owner of the motor vehicle and to all persons claiming a
2263lien on the motor vehicle. Such notice shall be mailed not less
2264than 10 calendar days before the date of the sale. In addition
2265to the notice by mail, public notice of the time and place of
2266the sale at auction shall be made by publishing a notice thereof
2267one time, at least 10 calendar days prior to the date of sale,
2268in a newspaper of general circulation in the county in which the
2269sale is to be held. All costs incurred by the airport for the
2270towing, storage, and sale of the motor vehicle, as well as all
2271accrued parking fees, if any, shall be recovered by the airport
2272from the proceeds of the sale, and any proceeds of the sale in
2273excess of such costs shall be retained by the airport for use by
2274the airport in any manner authorized by law.
2275     (6)  The airport pursuant to this section or, if used, a
2276licensed independent wrecker company pursuant to s. 713.78 shall
2277have a lien on an abandoned or derelict motor vehicle for all
2278reasonable towing, storage, and accrued parking fees, if any,
2279except that no storage fee shall be charged if the motor vehicle
2280is stored less than 6 hours. As a prerequisite to perfecting a
2281lien under this section, the airport director or the director's
2282designee must serve a notice in accordance with subsection (2)
2283on the owner of the motor vehicle, the insurance company
2284insuring the motor vehicle notwithstanding the provisions of s.
2285627.736, and all persons of record claiming a lien against the
2286motor vehicle. If attempts to notify the owner, the insurance
2287company insuring the motor vehicle notwithstanding the
2288provisions of s. 627.736, or lienholders are not successful, the
2289requirement of notice by mail shall be considered met. Serving
2290of the notice does not dispense with recording the claim of
2291lien.
2292     (7)(a)  For the purpose of perfecting its lien under this
2293section, the airport shall record a claim of lien which shall
2294state:
2295     1.  The name and address of the airport.
2296     2.  The name of the owner of the motor vehicle, the
2297insurance company insuring the motor vehicle notwithstanding the
2298provisions of s. 627.736, and all persons of record claiming a
2299lien against the motor vehicle.
2300     3.  The costs incurred from reasonable towing, storage, and
2301parking fees, if any.
2302     4.  A description of the motor vehicle sufficient for
2303identification.
2304     (b)  The claim of lien shall be signed and sworn to or
2305affirmed by the airport director or the director's designee.
2306     (c)  The claim of lien shall be sufficient if it is in
2307substantially the following form:
2308
2309
CLAIM OF LIEN
2310State of ______
2311County of ______
2312Before 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
2315following described motor vehicle:
2316(Description of motor vehicle)
2317owned by __________, whose address is ____________, has accrued
2318$___________in fees for a reasonable tow, for storage, and for
2319parking, if applicable; that the lienor served its notice to the
2320owner, the insurance company insuring the motor vehicle
2321notwithstanding the provisions of s. 627.736, Florida Statutes,
2322and all persons of record claiming a lien against the motor
2323vehicle on ____, (year), by________.
2324(Signature)
2325Sworn to (or affirmed) and subscribed before me this _____day
2326of___, (year), by (name of person making statement).
2327(Signature of Notary Public)(Print, Type, or Stamp Commissioned
2328name of Notary Public)
2329Personally Known___OR Produced_____as identification.
2330
2331However, the negligent inclusion or omission of any information
2332in this claim of lien which does not prejudice the owner does
2333not constitute a default that operates to defeat an otherwise
2334valid lien.
2335     (d)  The claim of lien shall be served on the owner of the
2336motor vehicle, the insurance company insuring the motor vehicle
2337notwithstanding the provisions of s. 627.736, and all persons of
2338record claiming a lien against the motor vehicle. If attempts to
2339notify the owner, the insurance company insuring the motor
2340vehicle notwithstanding the provisions of s. 627.736, or
2341lienholders are not successful, the requirement of notice by
2342mail shall be considered met. The claim of lien shall be so
2343served before recordation.
2344     (e)  The claim of lien shall be recorded with the clerk of
2345court in the county where the airport is located. The recording
2346of the claim of lien shall be constructive notice to all persons
2347of the contents and effect of such claim. The lien shall attach
2348at the time of recordation and shall take priority as of that
2349time.
2350     (8)  A purchaser or recipient in good faith of a motor
2351vehicle sold or obtained under this section takes the property
2352free of the rights of persons then holding any legal or
2353equitable interest thereto, whether or not recorded.
2354     Section 43.  Subsection (3) of section 288.063, Florida
2355Statutes, is amended to read:
2356     288.063  Contracts for transportation projects.--
2357     (3)  With respect to any contract executed pursuant to this
2358section, the term "transportation project" means a
2359transportation facility as defined in s. 334.03(28)(31) which is
2360necessary in the judgment of the Office of Tourism, Trade, and
2361Economic Development to facilitate the economic development and
2362growth of the state. Except for applications received prior to
2363July 1, 1996, such transportation projects shall be approved
2364only as a consideration to attract new employment opportunities
2365to the state or expand or retain employment in existing
2366companies operating within the state, or to allow for the
2367construction or expansion of a state or federal correctional
2368facility in a county with a population of 75,000 or less that
2369creates new employment opportunities or expands or retains
2370employment in the county. The Office of Tourism, Trade, and
2371Economic Development shall institute procedures to ensure that
2372small and minority businesses have equal access to funding
2373provided under this section. Funding for approved transportation
2374projects may include any expenses, other than administrative
2375costs and equipment purchases specified in the contract,
2376necessary for new, or improvement to existing, transportation
2377facilities. Funds made available pursuant to this section may
2378not be expended in connection with the relocation of a business
2379from one community to another community in this state unless the
2380Office of Tourism, Trade, and Economic Development determines
2381that without such relocation the business will move outside this
2382state or determines that the business has a compelling economic
2383rationale for the relocation which creates additional jobs.
2384Subject to appropriation for projects under this section, any
2385appropriation greater than $10 million shall be allocated to
2386each of the districts of the Department of Transportation to
2387ensure equitable geographical distribution. Such allocated funds
2388that remain uncommitted by the third quarter of the fiscal year
2389shall be reallocated among the districts based on pending
2390project requests.
2391     Section 44.  Paragraph (b) of subsection (3) of section
2392311.07, Florida Statutes, is amended to read:
2393     311.07  Florida seaport transportation and economic
2394development funding.--
2395     (3)
2396     (b)  Projects eligible for funding by grants under the
2397program are limited to the following port facilities or port
2398transportation projects:
2399     1.  Transportation facilities within the jurisdiction of
2400the port.
2401     2.  The dredging or deepening of channels, turning basins,
2402or harbors.
2403     3.  The construction or rehabilitation of wharves, docks,
2404structures, jetties, piers, storage facilities, cruise
2405terminals, automated people mover systems, or any facilities
2406necessary or useful in connection with any of the foregoing.
2407     4.  The acquisition of vessel tracking systems, container
2408cranes, or other mechanized equipment used in the movement of
2409cargo 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
2412of existing port facilities.
2413     7.  Environmental protection projects which are necessary
2414because of requirements imposed by a state agency as a condition
2415of a permit or other form of state approval; which are necessary
2416for environmental mitigation required as a condition of a state,
2417federal, or local environmental permit; which are necessary for
2418the acquisition of spoil disposal sites and improvements to
2419existing and future spoil sites; or which result from the
2420funding of eligible projects listed in this paragraph.
2421     8.  Transportation facilities as defined in s.
2422334.03(28)(31) which are not otherwise part of the Department of
2423Transportation's adopted work program.
2424     9.  Seaport intermodal access projects identified in the 5-
2425year Florida Seaport Mission Plan as provided in s. 311.09(3).
2426     10.  Construction or rehabilitation of port facilities as
2427defined in s. 315.02, excluding any park or recreational
2428facilities, in ports listed in s. 311.09(1) with operating
2429revenues of $5 million or less, provided that such projects
2430create economic development opportunities, capital improvements,
2431and positive financial returns to such ports.
2432     Section 45.  Subsection (7) of section 311.09, Florida
2433Statutes, is amended to read:
2434     311.09  Florida Seaport Transportation and Economic
2435Development Council.--
2436     (7)  The Department of Transportation shall review the list
2437of projects approved by the council for consistency with the
2438Florida Transportation Plan and the department's adopted work
2439program. In evaluating the consistency of a project, the
2440department shall determine whether the transportation impact of
2441the proposed project is adequately handled by existing state-
2442owned transportation facilities or by the construction of
2443additional state-owned transportation facilities as identified
2444in the Florida Transportation Plan and the department's adopted
2445work program. In reviewing for consistency a transportation
2446facility project as defined in s. 334.03(28)(31) which is not
2447otherwise part of the department's work program, the department
2448shall evaluate whether the project is needed to provide for
2449projected movement of cargo or passengers from the port to a
2450state transportation facility or local road. If the project is
2451needed to provide for projected movement of cargo or passengers,
2452the project shall be approved for consistency as a consideration
2453to facilitate the economic development and growth of the state
2454in a timely manner. The Department of Transportation shall
2455identify those projects which are inconsistent with the Florida
2456Transportation Plan and the adopted work program and shall
2457notify the council of projects found to be inconsistent.
2458     Section 46.  Section 316.2122, Florida Statutes, is amended
2459to read:
2460     316.2122  Operation of a low-speed vehicle on certain
2461roadways.--The operation of a low-speed vehicle, as defined in
2462s. 320.01(42), on any road under the jurisdiction of a county or
2463municipality or on an urban minor arterial road under the
2464jurisdiction of the Department of Transportation as defined in
2465s. 334.03(15) or (33), is authorized with the following
2466restrictions:
2467     (1)  A low-speed vehicle may be operated only on streets
2468where the posted speed limit is 35 miles per hour or less. This
2469does not prohibit a low-speed vehicle from crossing a road or
2470street at an intersection where the road or street has a posted
2471speed limit of more than 35 miles per hour.
2472     (2)  A low-speed vehicle must be equipped with headlamps,
2473stop lamps, turn signal lamps, taillamps, reflex reflectors,
2474parking brakes, rearview mirrors, windshields, seat belts, and
2475vehicle identification numbers.
2476     (3)  A low-speed vehicle must be registered and insured in
2477accordance with s. 320.02.
2478     (4)  Any person operating a low-speed vehicle must have in
2479his or her possession a valid driver's license.
2480     (5)  A county or municipality may prohibit the operation of
2481low-speed vehicles on any road under its jurisdiction if the
2482governing body of the county or municipality determines that
2483such prohibition is necessary in the interest of safety.
2484     (6)  The Department of Transportation may prohibit the
2485operation of low-speed vehicles on any road under its
2486jurisdiction if it determines that such prohibition is necessary
2487in the interest of safety.
2488     Section 47.  Paragraph (c) of subsection (5) of section
2489316.515, Florida Statutes, is amended to read:
2490     316.515  Maximum width, height, length.--
2491     (5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2492AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
2493REQUIREMENTS.--
2494     (c)  The width and height limitations of this section do
2495not apply to farming or agricultural equipment, whether self-
2496propelled, pulled, or hauled, when temporarily operated during
2497daylight hours upon a public road that is not a limited access
2498facility as defined in s. 334.03(11)(13), and the width and
2499height limitations may be exceeded by such equipment without a
2500permit. To be eligible for this exemption, the equipment shall
2501be operated within a radius of 50 miles of the real property
2502owned, rented, or leased by the equipment owner. However,
2503equipment being delivered by a dealer to a purchaser is not
2504subject to the 50-mile limitation. Farming or agricultural
2505equipment greater than 174 inches in width must have one warning
2506lamp mounted on each side of the equipment to denote the width
2507and must have a slow-moving vehicle sign. Warning lamps required
2508by this paragraph must be visible from the front and rear of the
2509vehicle and must be visible from a distance of at least 1,000
2510feet.
2511     Section 48.  Paragraph (b) of subsection (7) of section
2512332.14, 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
2515legislative spending authorization, any federal, state, and
2516local government contributions as well as private donations to
2517fund SAFE Master Plan projects.
2518     (b)  The council shall review and approve or disapprove
2519each project eligible to be funded pursuant to this act. The
2520council shall annually submit a list of projects which have been
2521approved by the council to the Secretary of Transportation, the
2522Secretary of Community Affairs, the executive director of the
2523Department of Law Enforcement, and the director of the Office of
2524Tourism, Trade, and Economic Development. The list shall specify
2525the recommended funding level for each project, and, if staged
2526implementation of the project is appropriate, the funding
2527requirements for each stage shall be specified.
2528     1.  The Department of Community Affairs shall review the
2529list of projects approved by the council to determine
2530consistency with approved local government comprehensive plans
2531of the units of local government in which the airport is located
2532and consistency with the airport master plan. The Department of
2533Community Affairs shall identify and notify the council of those
2534projects which are not consistent, to the maximum extent
2535feasible, with such comprehensive plans and airport master
2536plans.
2537     2.  The Department of Transportation shall review the list
2538of projects approved by the council for consistency with the
2539Florida Transportation Plan and the department's adopted work
2540program. In evaluating the consistency of a project, the
2541department shall determine whether the transportation impact of
2542the proposed project is adequately handled by existing state-
2543owned transportation facilities or by the construction of
2544additional state-owned transportation facilities as identified
2545in the Florida Transportation Plan and the department's adopted
2546work program. In reviewing for consistency a transportation
2547facility project as defined in s. 334.03(28)(31) which is not
2548otherwise part of the department's work program, the department
2549shall evaluate whether the project is needed to provide for
2550projected movement of cargo or passengers from the airport to a
2551state transportation facility or local road. If the project is
2552needed to provide for projected movement of cargo or passengers,
2553the project shall be approved for consistency as a consideration
2554to facilitate the economic development and growth of the state
2555in a timely manner. The department shall identify those projects
2556which are inconsistent with the Florida Transportation Plan and
2557the adopted work program and shall notify the council of
2558projects found to be inconsistent.
2559     3.  The Office of Tourism, Trade, and Economic Development,
2560in consultation with Enterprise Florida, Inc., shall review the
2561list of projects approved by the council to evaluate the
2562economic benefit of the project and to determine whether the
2563project is consistent with the SAFE Master Plan. The Office of
2564Tourism, Trade, and Economic Development shall review the
2565economic benefits of each project based upon the rules adopted
2566pursuant to paragraph (a). The Office of Tourism, Trade, and
2567Economic Development shall identify those projects which it has
2568determined do not offer an economic benefit to the state or are
2569not consistent with the SAFE Master Plan and shall notify the
2570council of its findings.
2571     4.  The Department of Law Enforcement shall review the list
2572of projects approved by the council for consistency with
2573domestic security provisions of ss. 943.03101, 943.0311, and
2574943.0312. The Department of Law Enforcement shall identify those
2575projects that it has determined are inconsistent with the
2576state's strategic plan for domestic security and shall notify
2577the council of its findings.
2578     Section 49.  Section 336.01, Florida Statutes, is amended
2579to read:
2580     336.01  Designation of county road system.--The county road
2581system shall be as defined in s. 334.03(6)(8).
2582     Section 50.  Subsection (2) of section 338.222, Florida
2583Statutes, is amended to read:
2584     338.222  Department of Transportation sole governmental
2585entity to acquire, construct, or operate turnpike projects;
2586exception.--
2587     (2)  The department may contract with any local
2588governmental entity as defined in s. 334.03(12)(14) for the
2589design, right-of-way acquisition, or construction of any
2590turnpike project which the Legislature has approved. Local
2591governmental entities may negotiate with the department for the
2592design, right-of-way acquisition, and construction of any
2593section of the turnpike project within areas of their respective
2594jurisdictions or within counties with which they have interlocal
2595agreements.
2596     Section 51.  Paragraph (a) of subsection (2) of section
2597403.7211, Florida Statutes, is amended to read:
2598     403.7211  Hazardous waste facilities managing hazardous
2599wastes generated offsite; federal facilities managing hazardous
2600waste.--
2601     (2)  The department shall not issue any permit under s.
2602403.722 for the construction, initial operation, or substantial
2603modification of a facility for the disposal, storage, or
2604treatment of hazardous waste generated offsite which is proposed
2605to be located in any of the following locations:
2606     (a)  Any area where life-threatening concentrations of
2607hazardous substances could accumulate at any residence or
2608residential subdivision as the result of a catastrophic event at
2609the proposed facility, unless each such residence or residential
2610subdivision is served by at least one arterial road or urban
2611minor arterial road that, as defined in s. 334.03, which
2612provides safe and direct egress by land to an area where such
2613life-threatening concentrations of hazardous substances could
2614not accumulate in a catastrophic event. Egress by any road
2615leading from any residence or residential subdivision to any
2616point located within 1,000 yards of the proposed facility is
2617unsafe for the purposes of this paragraph. In determining
2618whether egress proposed by the applicant is safe and direct, the
2619department shall also consider, at a minimum, the following
2620factors:
2621     1.  Natural barriers such as water bodies, and whether any
2622road in the proposed evacuation route is impaired by a natural
2623barrier such as a water body;
2624     2.  Potential exposure during egress and potential
2625increases in the duration of exposure;
2626     3.  Whether any road in a proposed evacuation route passes
2627in close proximity to the facility; and
2628     4.  Whether any portion of the evacuation route is
2629inherently directed toward the facility.
2630
2631For the purposes of this subsection, all distances shall be
2632measured from the outer limit of the active hazardous waste
2633management area. "Substantial modification" includes: any
2634physical change in, change in the operations of, or addition to
2635a facility which could increase the potential offsite impact, or
2636risk of impact, from a release at that facility; and any change
2637in permit conditions which is reasonably expected to lead to
2638greater potential impacts or risks of impacts, from a release at
2639that facility. "Substantial modification" does not include a
2640change in operations, structures, or permit conditions which
2641does not substantially increase either the potential impact
2642from, or the risk of, a release. Physical or operational changes
2643to a facility related solely to the management of nonhazardous
2644waste at the facility shall not be considered a substantial
2645modification. The department shall, by rule, adopt criteria to
2646determine whether a facility has been substantially modified.
2647"Initial operation" means the initial commencement of operations
2648at the facility.
2649     Section 52.  Subsection (24) of section 479.01, Florida
2650Statutes, 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.
2653334.03(29)(32).
2654     Section 53.  Ronshay Dugans Act.--The first week of  
2655September is designated as "Drowsy Driving Prevention Week" in
2656this state. During Drowsy Driving Prevention  Week, the
2657Department of Highway Safety and Motor Vehicles and the
2658Department of Transportation are encouraged to educate the law
2659enforcement community and the public about the relationship
2660between fatigue and performance and the research showing fatigue
2661to be as much of an impairment as alcohol and as dangerous
2662behind the wheel. This section may be cited as the "Ronshay
2663Dugans Act."
2664     Section 54.  (1)  The Northwest Florida Regional
2665Transportation Planning Organization, an interlocal agency under
2666part I of chapter 163, Florida Statutes, is authorized to study
2667the feasibility of advance-funding the costs of capacity
2668projects in its member counties and making recommendations to
2669the Legislature by February 1, 2010. The Department of
2670Transportation may assist the organization in conducting the
2671study.
2672     (2)  Results of any study authorized by this section shall
2673be provided to the Governor, the President of the Senate, the
2674Speaker of the House of Representatives, the department, any
2675metropolitan planning organization in any county served by the
2676organization, and the counties served by the organization and
2677shall discuss the financial feasibility of advance-funding the
2678costs of capacity projects in the Northwest Florida Regional
2679Transportation Planning Organization's member counties. The
2680study must be based on the following assumptions:
2681     (a)  Any advanced projects must be consistent with the
2682Northwest Florida Regional Transportation Planning
2683Organization's 5-year plan and the department's work program.
2684     (b)  Any bonds shall have a maturity not to exceed 30
2685years.
2686     (c)  A maximum of 25 percent of the department's capacity
2687funds allocated annually to the counties served by the Northwest
2688Florida Regional Transportation Planning Organization may be
2689used to pay debt service on the bonds.
2690     (d)  Bond proceeds may only be used for the following
2691components of a construction project on a state road: planning,
2692engineering, design, right-of-way acquisition, and construction.
2693     (e)  The cost of the projects must be balanced with the
2694proceeds available from the bonds.
2695     (f)  The department shall have final approval of the
2696projects financed through the sale of bonds.
2697     (3)  The study shall contain:
2698     (a)  An analysis of the financial feasibility of advancing
2699capacity projects in the Northwest Florida Regional
2700Transportation Planning Organization's member counties.
2701     (b)  A long-range, cost-feasible finance plan that
2702identifies the project cost, revenues by source, financing,
2703major assumptions, and a total cash flow analysis beginning with
2704implementation of the project and extending through final
2705completion of the project.
2706     (c)  A tentative list of capacity projects and the priority
2707in which they would be advanced. These projects must be
2708consistent with the criteria in s. 339.135(2)(b), Florida
2709Statutes.
2710     (d)  A 5-year work program of the projects to be advanced.
2711This program must be consistent with chapter 339, Florida
2712Statutes.
2713     (e)  A report of any statutory changes, including a draft
2714bill, needed to give the Northwest Florida Regional
2715Transportation Planning Organization the ability to advance
2716construction projects. The draft bill language shall address, at
2717a minimum:
2718     1.  Developing a list of road projects to be advanced,
2719consistent with the organization's 5-year plan.
2720     2.  Giving the department the authority to review projects
2721to determine consistency with its current work program.
2722     3.  Giving the organization the authority to issue bonds
2723with a maturity of not greater than 30 years.
2724     4.  Requiring proceeds of the bonds to be delivered to the
2725department to pay the cost of completing the projects.
2726     5.  Requiring the road projects to be consistent with the
2727organization's 5-year plan.
2728     6.  Permitting any participating county to elect to
2729undertake responsibility for the payment of a portion of the
2730cost of any project in the county pursuant to an agreement with
2731the organization and the department.
2732     7.  Providing that, in each year that the bonds are
2733outstanding, no more than 25 percent of the state transportation
2734funds appropriated for capacity projects advanced pursuant to
2735the terms of this section and within the area of operation of
2736the organization shall be paid over to the organization for the
2737purpose of paying debt service on bonds the organization issued
2738for such capacity projects. Such payments shall be made in lieu
2739of programming any new projects in the work program.
2740     8.  In the event that the capacity funds allocated to the
2741member counties of the organization are less than the amount
2742needed to satisfy the payment requirements under the contract,
2743the department shall defer the funded capacity on any other
2744projects in the member counties of the organization to the
2745extent necessary to make up such deficiency, so as to enable the
2746organization to make the required debt service payments on the
2747bonds or to replenish the reserves established for the bonds
2748which may have been used to make up such deficiency. Under no
2749circumstances shall the department provide any funds for these
2750capacity projects in excess of the amount that would be
2751allocated to the member counties pursuant to statutory formula
2752and legislative appropriation.
2753     9.  Providing that the bonds shall state on their face that
2754they do not constitute a pledge of the full faith or taxing
2755power of the state, and no holder of any bond shall have the
2756right to compel payment of the bonds from any funds of the
2757state, other than amounts required to be paid to the
2758organization under the contract. The bonds shall be limited and
2759special obligations payable solely from the sources described
2760herein.
2761     10.  Establishing such other terms and provisions as may be
2762deemed reasonable and necessary to enable the organization to
2763market the bonds at the most advantageous rates possible.
2764     (4)  The Legislature may authorize the implementation of
2765the Northwest Florida Regional Transportation Planning
2766Organization's study after a satisfactory showing that these
2767prerequisites have been met and that any source of funding for
2768any bonds to be issued has been approved by the Department of
2769Transportation.
2770     Section 55.  The Department of Transportation shall direct
2771a study to be conducted and funded by the authority created in
2772chapter 349, Florida Statutes, for the purpose of recommending
2773to the Legislature the framework for a regional transportation
2774authority for the northeast region of Florida, composed of the
2775following counties and each of the municipalities located
2776therein: Baker, Clay, Duval, Flagler, Nassau, Putnam, and St.
2777Johns. The study shall include, at a minimum, the existing
2778powers and duties of the authority, as well as the additional
2779powers and duties necessary for the agency to plan, design,
2780finance, construct, operate, and maintain transportation
2781facilities providing a safe, adequate, and efficient surface
2782transportation network for the region, consistent with the
2783statewide transportation network. In addition, the study shall
2784address agency revenue sources, governance, coordination of work
2785plans, and coordination with local comprehensive plans for all
2786transportation facilities of the agency. Recommendations shall
2787be delivered to the President of the Senate and Speaker of the
2788House of Representatives no later than February 1, 2010.
2789     Section 56.  Florida Transportation Revenue Study
2790Commission.--
2791     (1)  The Legislature finds and declares that the costs of
2792preserving investments in transportation infrastructure and
2793eliminating or reducing congestion in the movement of people and
2794goods is expected to substantially increase, and those costs
2795will have a commensurate effect on the state's economy,
2796environment, and quality of life.
2797     (2)  The Florida Transportation Revenue Study Commission is
2798created for the purpose of studying state, regional, and local
2799transportation needs and developing new and innovative funding
2800options and recommendations that address this state's future
2801transportation needs. The commission shall submit a written
2802report to the Legislature containing its findings and
2803recommendations by January 1, 2011. The report presented by the
2804commission shall, at a minimum, include findings and
2805recommendations regarding:
2806     (a)  The stability of existing transportation revenue
2807sources, taking into account energy-efficient vehicles, emerging
2808technologies, alternative fuels, and other state and federal
2809initiatives.
2810     (b)  The funding needs of state, regional, and local
2811transportation facilities and services and the ability to
2812address those needs.
2813     (c)  New and innovative funding options that can be used by
2814the state, metropolitan planning organizations, local
2815governments, and other major transportation providers to fund
2816transportation facilities and services.
2817     (3)  The commission shall consist of 13 members. Three
2818members shall be appointed by the Governor, three members shall
2819be appointed by the President of the Senate, and three members
2820shall be appointed by the Speaker of the House of
2821Representatives. One member shall be the Secretary of
2822Transportation, or the secretary's designee, one member shall be
2823appointed by the Metropolitan Planning Organization Advisory
2824Council, one member shall be appointed by the Florida
2825Association of Counties, Inc., from among its members, and one
2826member shall be appointed by the Florida League of Cities, Inc.,
2827from among its members. The membership of the commission must
2828represent transportation organizations, local governments,
2829developers and homebuilders, the business community, the
2830environmental community, transportation labor organizations, and
2831other appropriate stakeholders in the transportation system. One
2832member shall be designated by the Governor as chair of the
2833commission. Members shall be appointed to a term that ends July
28341, 2011. Any vacancy that occurs on the commission shall be
2835filled in the same manner as the original appointment. Members
2836of the commission shall serve without compensation, but are
2837entitled to reimbursement for per diem and travel expenses in
2838accordance with s. 112.061, Florida Statutes, while in
2839performance of their duties.
2840     (4)  The first meeting of the commission shall be held by
2841October 1, 2009, and thereafter the commission shall meet at the
2842call of the chair but not less frequently than three times per
2843year. Each member of the commission is entitled to one vote, and
2844actions of the commission are not binding unless taken by a
2845majority vote of the members present. A majority of the
2846membership constitutes a quorum at any meeting of the
2847commission. The commission may adopt its own rules of procedure
2848and has such other powers as are necessary to complete its
2849responsibilities.
2850     (5)  The Center for Urban Transportation Research at the
2851University of South Florida shall provide staff and other
2852resources necessary to assist the commission in accomplishing
2853its goals. All agencies under the control of the Governor are
2854directed, and all other federal, state, and local agencies are
2855requested, to render assistance to, and cooperate with, the
2856commission.
2857     Section 57.  Funding for the Florida Transportation Revenue
2858Study Commission.--The sum of $225,000 in federal metropolitan
2859planning funds is appropriated from the State Transportation
2860Trust Fund to the Center for Urban Transportation Research at
2861the University of South Florida for each of the 2009-2010 and
28622010-2011 fiscal years for the purpose of paying the expenses of
2863staff services and providing other related assistance to the
2864Florida 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
2872An act relating to transportation; amending s. 163.3180,
2873F.S., relating to transportation concurrency; providing
2874for evaluating whether certain necessary transportation
2875facilities will be in place or under actual construction
2876within a required timeframe; providing that certain
2877projects or high-performance transit systems be considered
2878as committed facilities; revising an exception to
2879transportation concurrency requirements to provide for
2880hangars used for assembly and manufacture of aircraft;
2881exempting certain housing developments from concurrency
2882requirements; revising provisions for a development of
2883regional impact to satisfy specified concurrency
2884requirements by paying a proportionate-share contribution
2885for traffic impacts; providing that the cost of certain
2886improvements shall be credited against a development of
2887regional impact's proportionate-share contribution;
2888requiring local government agreements relating to funding
2889regional transportation impacts under certain
2890circumstances; defining the term "backlog" as it applies
2891to the impacts of development on transportation
2892facilities; conforming a cross-reference; amending s.
2893212.05, F.S.; extending the time nonresident purchasers
2894have to remove a boat from the state after purchase;
2895providing for an extension decal to be issued by a dealer;
2896imposing a decal cost; revising industry code
2897designations; amending s. 212.055, F.S.; renaming the
2898charter county transit system surtax; expanding the
2899eligibility to levy the surtax to all charter counties;
2900amending s. 316.1001; revising notification requirements
2901for toll violation citations; clarifying conditions for
2902issuance of a license plate; amending s. 316.1895, F.S.;
2903authorizing alternative installation of Speeding Fines
2904Doubled signs in advance of school zones; amending s.
2905316.29545, F.S.; excluding vehicles owned or leased by
2906private investigative services from specified provisions
2907restricting window sunscreening when such vehicle is used
2908in specified activities; amending s. 316.515, F.S.;
2909revising a limitation on the length of certain trailers
2910issued a special permit by the department to deliver
2911manufactured buildings; amending s. 316.535, F.S.;
2912requiring specified scale tolerances to be applied to
2913weight limits for vehicles on highways that are not in the
2914Interstate Highway System; amending s. 316.545, F.S.;
2915providing for a reduction in the gross weight of certain
2916vehicles equipped with idle-reduction technologies when
2917calculating a penalty for exceeding maximum weight limits;
2918requiring the operator to provide certification of the
2919weight of the idle-reduction technology and to demonstrate
2920or certify that the idle-reduction technology is fully
2921functional at all times; amending s. 316.605, F.S.;
2922removing a requirement that motorcycle license plates be
2923affixed and displayed in such a manner that the letters
2924and numerals are legible from left to right parallel to
2925the ground; amending s. 318.18; deleting authorization to
2926suspend the driver's license of persons convicted of toll
2927violations; amending 320.03; clarifying the entities that
2928can verify payment of a fine; amending s. 322.27;
2929prohibiting the assignment of points against a driver's
2930license for toll violations; amending s. 334.03, F.S.;
2931revising definitions relating to the Florida
2932Transportation Code; amending s. 334.044, F.S.; revising
2933powers and duties of the Department of Transportation;
2934removing duty to assign jurisdictional responsibility and
2935to designate existing facilities as part of the State
2936Highway System; revising requirements related to
2937conservation of roadside growth; amending s. 334.047,
2938F.S.; removing a provision prohibiting the department from
2939establishing a maximum number of miles of urban principal
2940arterial roads within a district or county; amending s.
2941334.30, F.S.; providing for public-private partnership's
2942business case to be submitted to the Council on Efficient
2943Government; creating s. 336.445, F.S.; authorizing
2944counties to enter into agreements with private entities
2945for the building, operation, ownership, or financing of
2946toll facilities; requiring public declaration; requiring a
2947public hearing; requiring county to make certain
2948determinations prior to awarding a project; providing
2949requirements for an agreement; amending s. 337.0261, F.S.;
2950providing legislative intent recognizing that construction
2951aggregate materials mining is an industry of critical
2952importance and that the mining of construction aggregate
2953materials is in the public interest; amending s. 337.401,
2954F.S.; revising provisions for rules of the department that
2955provide for the placement of and access to certain
2956electrical transmission lines on the right-of-way of
2957department-controlled roads; authorizing the rules to
2958include that the use of the limited access right-of-way
2959for longitudinal placement of such transmission lines is
2960reasonable based upon consideration of certain economic
2961and environmental factors; defining the term "base-load
2962generating facilities"; amending s. 339.2816, F.S.,
2963relating to the Small County Road Assistance Program;
2964providing for resumption of certain funding for the
2965program; revising criteria for program eligibility;
2966revising criteria for prioritization of projects; amending
2967s. 339.2818, F.S., relating to the Small County Outreach
2968Program; revising the purpose of the program to include
2969certain program types; revising eligibility and
2970prioritization criteria; amending s. 339.64, F.S.,
2971relating to the Strategic Intermodal System Plan; removing
2972provisions for the Statewide Intermodal Transportation
2973Advisory Council; amending s. 341.071, F.S.; revising
2974requirements for a report by transit providers relating to
2975productivity and performance measures; requiring the
2976report to address the use and effectiveness of high-
2977performance transit systems; amending s. 348.0003, F.S.;
2978providing for financial disclosure for expressway,
2979transportation, bridge, and toll authorities; amending s.
2980348.51, F.S.; revising the definition of the terms "bonds"
2981and "expressway system" in reference to the Tampa-
2982Hillsborough County Expressway Authority Law; amending s.
2983348.53, F.S.; providing that the authority is to benefit
2984the Tampa Bay Region; providing that the purpose of the
2985authority includes transit support facilities; amending s.
2986348.54, F.S.; authorizing the Tampa-Hillsborough County
2987Expressway Authority to make and issue notes, refunding
2988bonds, and other evidences of indebtedness or obligations
2989for specified purposes relating to the expressway system;
2990prohibiting the authority from pledging the credit or
2991taxing power of the state, a political subdivision, or
2992agency; providing that the authority's obligations are not
2993obligations of the state, a political subdivision, or an
2994agency; providing that the state, a political subdivision,
2995or an agency is not liable for the payment of the
2996principal or interest on the authority's obligations;
2997amending s. 348.545, F.S.; authorizing costs of authority
2998improvements to be financed by bonds issued on behalf of
2999the authority pursuant to the State Bond Act or bonds
3000issued by the authority under specified provisions;
3001amending s. 348.56, F.S.; authorizing bonds to be issued
3002on behalf of the authority pursuant to the State Bond Act
3003or issued by the authority under specified provisions;
3004revising requirements for such bonds; requiring the bonds
3005to be sold at public sale; authorizing the authority to
3006negotiate the sale of bonds with underwriters under
3007certain circumstances; amending s. 348.565, F.S.;
3008providing that facilities of the expressway system are
3009approved to be refinanced by the revenue bonds issued by
3010the Division of Bond Finance of the State Board of
3011Administration and the State Bond Act or by revenue bonds
3012issued by the authority; providing that certain projects
3013of the authority are approved for financing or refinancing
3014by revenue bonds; providing an additional project type
3015where the authority may use revenue bonds; amending s.
3016348.57, F.S.; authorizing the authority to provide for the
3017issuance of certain bonds for the refunding of bonds
3018outstanding regardless of whether the bonds being refunded
3019were issued by the authority or on behalf of the
3020authority; amending s. 348.70, F.S.; providing that the
3021Tampa-Hillsborough County Expressway Authority Law does
3022not repeal, rescind, or modify any other laws; providing
3023that such law supersedes laws that are inconsistent with
3024the provisions of that law; amending s. 369.317, F.S.,
3025relating to Wekiva Parkway; providing that the use of
3026certain lands as environmental mitigation for road-
3027construction-related impacts incurred by certain entities
3028satisfies specified cumulative impact requirements;
3029amending s. 380.06, F.S., relating to developments of
3030regional impact; revising provisions for preapplication
3031procedures for development approval; requiring the level-
3032of-service standards in the transportation methodology
3033applied to a development of regional impact to be the same
3034level-of-service standards used to evaluate concurrency
3035under specified provisions; designating parts I and II of
3036ch. 479, F.S.; creating part III of ch. 479, F.S.;
3037providing legislative intent; providing that the county
3038court and circuit court have concurrent jurisdiction;
3039requiring that all costs incurred by the department to
3040remove signs in certain locations on the interstate
3041highway system, the federal-aid primary highway system, or
3042the State Highway System to be assessed and collected from
3043certain persons under certain conditions; amending s.
3044705.18, F.S.; removing provisions for disposal of personal
3045property lost or abandoned at certain public-use airports;
3046creating s. 705.182, F.S.; providing for disposal of
3047personal property found on premises owned or controlled by
3048the operator of a public-use airport; providing a
3049timeframe for the property to be claimed; providing
3050options for disposing of such personal property; providing
3051procedures for selling abandoned personal property;
3052providing for notice of sale; permitting airport tenants
3053to establish lost and found procedures; providing that
3054purchaser holds title to the property free of the rights
3055of persons then holding any legal or equitable interest
3056thereto; creating s. 705.183, F.S.; providing for
3057disposition of derelict or abandoned aircraft on the
3058premises of public-use airports; providing procedures for
3059such disposition; requiring a record of when the aircraft
3060is found; defining the terms "derelict aircraft" and
3061"abandoned aircraft"; providing for notification of
3062aircraft owner and all persons having an equitable or
3063legal interest in the aircraft; providing for notice if
3064the owner of the aircraft is unknown or cannot be found;
3065providing for disposition if the aircraft is not removed
3066upon payment of required fees; requiring any sale of the
3067aircraft to be at a public auction; providing notice
3068requirements for such public auction; providing procedures
3069for disposal of the aircraft; providing for liability if
3070charges and costs related to the disposition are more than
3071that obtained from the sale; providing for a lien by the
3072airport for fees and charges; providing for notice of
3073lien; requiring the filing of a claim of lien; providing
3074for the form of the claim of lien; providing for service
3075of the claim of lien; providing that the purchaser of the
3076aircraft takes the property free of rights of persons
3077holding legal or equitable interest in the aircraft;
3078requiring purchaser or recipient to notify the Federal
3079Aviation Administration of change in ownership; providing
3080for disposition of moneys received for an aircraft sold at
3081public sale; authorizing the airport to issue documents
3082relating to the aircraft's disposal; creating s. 705.184,
3083F.S.; providing for disposition of derelict or abandoned
3084motor vehicles on the premises of public-use airports;
3085providing procedures; requiring recording of the abandoned
3086motor vehicle; defining the terms "derelict motor vehicle"
3087and "abandoned motor vehicle"; providing for removal of
3088such motor vehicle from airport premises; providing for
3089notice to the owner, the company insuring the motor
3090vehicle, and any lienholder; providing for disposition if
3091the motor vehicle is not removed upon payment of required
3092fees; requiring any sale of the motor vehicle to be at a
3093public auction; providing notice requirements for such
3094public auction; providing procedures for disposal of the
3095motor vehicle; providing for liability if charges and
3096costs related to the disposition are more than that
3097obtained from the sale; providing for a lien by the
3098airport or a licensed independent wrecker for fees and
3099charges; providing for notice of lien; requiring the
3100filing of a claim of lien; providing for the form of the
3101claim of lien; providing for service of claim of lien;
3102providing that the purchaser of the motor vehicle takes
3103the property free of the rights of persons holding legal
3104or equitable interest in the motor vehicle; amending ss.
3105288.063, 311.07, 311.09, 316.2122, 316.515, 332.14,
3106336.01, 338.222, 403.7211, and 479.01, F.S.; correcting
3107cross-references; conforming provisions to changes made by
3108the act; creating the Ronshay Dugans Act; designating the
3109first week in September as "Drowsy Driving Prevention
3110Week"; encouraging the Department of Highway Safety and
3111Motor Vehicles and the Department of Transportation to
3112educate the law enforcement community and the public about
3113the relationship between fatigue and driving performance;
3114authorizing the Northwest Florida Regional Transportation
3115Planning Organization to conduct a study on advancing
3116funds for certain construction projects; authorizing the
3117Department of Transportation to assist with the study;
3118requiring results of the study to be provided to the
3119Governor, the Legislature, and certain entities; providing
3120principles for the study; providing for content of the
3121study; providing for legislative authorization prior to
3122implementation of the study; providing legislative
3123findings with respect to the need to preserve investments
3124in transportation infrastructure and reduce congestion;
3125providing legislative findings with respect to the need to
3126preserve investments in transportation infrastructure and
3127reduce congestion; creating the Florida Transportation
3128Revenue Study Commission for the purpose of studying the
3129state's transportation needs and developing
3130recommendations; requiring that the commission submit a
3131report to the Legislature by a specified date;
3132establishing powers and duties of the commission;
3133providing for membership and authorizing the reimbursement
3134of members for per diem and travel expenses; providing
3135requirements for meetings of the commission; requiring the
3136Center for Urban Transportation Research at the University
3137of South Florida to provide staff support to the
3138commission; providing funding for the commission through
3139federal funds for metropolitan transportation planning;
3140providing an effective date.


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