CS/HB 1271

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 20.23, F.S.; authorizing the department to
4	grant a specified pay additive to law enforcement officers
5	assigned to the Office of Motor Carrier Compliance who
6	maintain certification by the Commercial Vehicle Safety
7	Alliance; repealing s. 315.03(12)(c), F.S., relating to
8	legislative review of a loan program of the Florida
9	Seaport Transportation and Economic Development Council;
10	amending s. 316.2122, F.S.; revising provisions
11	authorizing operation of low-speed vehicles and mini
12	trucks; amending s. 316.535, F.S.; requiring specified
13	scale tolerances to be applied to weight limits for
14	vehicles on highways that are not in the Interstate
15	Highway System; providing that specified tolerances do not
16	apply to cranes; providing for determination of fines for
17	violations of the total gross weight limits; amending s.
18	316.545, F.S.; revising conditions under which a vehicle
19	in violation of specified gross or external bridge weight
20	limits must be unloaded; providing for a reduction in the
21	gross weight of certain vehicles equipped with idle-
22	reduction technologies when calculating a penalty for
23	exceeding maximum weight limits; requiring the operator to
24	provide certification of the weight of the idle-reduction
25	technology and to demonstrate or certify that the idle-
26	reduction technology is fully functional at all times;
27	amending s. 318.18, F.S.; revising provisions for
28	distribution of proceeds collected by the clerk of the
29	court for disposition of citations for failure to pay a
30	toll; providing alternative procedures for disposition of
31	such citation; providing for adjudication to be withheld
32	and no points assessed against the driver's license unless
33	adjudication is imposed by a court; removing a provision
34	for suspension of the driver's license of a person who is
35	convicted of failing to pay a toll 10 or more times within
36	a 36-month period; amending s. 320.08058, F.S.; revising
37	authorized uses of revenue received from the sale of
38	United We Stand license plates; amending s. 322.27, F.S.;
39	providing for assessment of points against a driver's
40	license for specified violations of requirements to pay a
41	toll only when the points are imposed by a court;
42	repealing s. 332.14, F.S., relating to the Secure Airports
43	for Florida's Economy Council; providing for the use of
44	funds accrued by the Secure Airports for Florida's Economy
45	Council; amending s. 334.03, F.S.; revising definitions
46	for purposes of the Florida Transportation Code; amending
47	s. 334.044, F.S.; revising powers and duties of the
48	department; removing provisions for assigning jurisdiction
49	of roads and designating facilities as part of the State
50	Highway System; amending s. 334.047, F.S.; removing a
51	prohibition against the department establishing a maximum
52	number of miles of certain roads within a district or
53	county; amending s. 337.14, F.S.; revising application
54	procedures for the qualification of contractors; requiring
55	any required interim financial statement to be accompanied
56	by an updated application; amending s. 337.401, F.S.;
57	revising provisions for rules of the department that
58	provide for the placement of and access to certain
59	electrical transmission lines on the right-of-way of
60	department-controlled roads; authorizing the rules to
61	include that the use of the limited access right-of-way
62	for longitudinal placement of such transmission lines is
63	reasonable based upon consideration of certain economic
64	and environmental factors; amending s. 338.155, F.S.;
65	authorizing the department to adopt rules relating to the
66	payment, collection, and enforcement of tolls; amending s.
67	343.64, F.S.; authorizing the Central Florida Regional
68	Transportation Authority to borrow funds under certain
69	circumstances; amending s. 348.51, F.S.; revising the
70	definition for the term "bonds" when used in the Tampa-
71	Hillsborough County Expressway Authority Law; amending s.
72	348.545, F.S.; authorizing costs of authority improvements
73	to be financed by bonds issued on behalf of the authority
74	pursuant to the State Bond Act or bonds issued by the
75	authority under specified provisions; amending s. 348.56,
76	F.S.; authorizing bonds to be issued on behalf of the
77	authority pursuant to the State Bond Act or issued by the
78	authority under specified provisions; revising
79	requirements for such bonds; requiring the bonds to be
80	sold at public sale; authorizing the authority to
81	negotiate the sale of bonds with underwriters under
82	certain circumstances; amending s. 348.565, F.S.;
83	providing that facilities of the expressway system are
84	approved to be refinanced by the revenue bonds issued by
85	the Division of Bond Finance of the State Board of
86	Administration and the State Bond Act or by revenue bonds
87	issued by the authority; providing that certain projects
88	of the authority are approved for financing or refinancing
89	by revenue bonds; amending s. 348.57, F.S.; authorizing
90	the authority to provide for the issuance of certain bonds
91	for the refunding of bonds outstanding regardless of
92	whether the bonds being refunded were issued by the
93	authority or on behalf of the authority; amending s.
94	348.70, F.S.; providing that the Tampa-Hillsborough County
95	Expressway Authority Law does not repeal, rescind, or
96	modify any other laws; providing that such law supersedes
97	laws that are inconsistent with the provisions of that
98	law; creating pt. XI of ch. 348, F.S., titled "Osceola
99	County Expressway Authority"; providing a short title;
100	providing definitions; creating the Osceola County
101	Expressway Authority as an agency of the state; providing
102	for a governing body of the authority; providing for
103	membership, terms, organization, personnel, and
104	administration; authorizing payment of travel and other
105	expenses; directing the authority to cooperate with and
106	participate in any efforts to establish a regional
107	expressway authority; providing purposes and powers of the
108	authority for acquisition, construction, expansion,
109	maintenance, improvement, operation, ownership, and
110	leasing of the Osceola County Expressway System; providing
111	for use of certain funds to pay or secure obligations;
112	authorizing use of the Osceola County gasoline tax under
113	certain conditions; authorizing the authority to enter
114	into partnerships and other agreements; authorizing the
115	authority to construct, operate, and maintain roads,
116	bridges, avenues of access, thoroughfares, and boulevards,
117	and electronic toll payment systems thereon, outside the
118	jurisdictional boundaries of Osceola County; authorizing
119	the authority to enter into an interlocal agreement with
120	the Orlando-Orange County Expressway Authority to
121	coordinate and plan for projects; prohibiting the
122	authority from pledging the credit or taxing power of the
123	state; requiring consent of local and county jurisdictions
124	prior to acquisition of rights-of-way; requiring consent
125	of local and county jurisdictions for agreements that
126	would restrict construction of roads; providing for bond
127	financing of improvements to certain facilities; providing
128	for issuance and sale of bonds; providing for the
129	employment of fiscal agents; authorizing the State Board
130	of Administration to act as fiscal agent; providing
131	approval of certain facilities that have been financed by
132	the issuance of bonds or other evidence of indebtedness;
133	providing for rights and remedies granted to bondholders;
134	providing for appointment of a trustee to represent the
135	bondholders; providing for appointment of a receiver to
136	take possession of, operate, and maintain the system;
137	providing for lease of the system to the Department of
138	Transportation under a lease-purchase agreement;
139	authorizing the department to act in place of the
140	authority under terms of the lease-purchase agreement;
141	requiring approval by the county for certain provisions of
142	the lease-purchase agreement; providing that upon
143	termination of such lease-purchase agreement title to the
144	system shall be transferred to the state; providing that
145	no pledge of Osceola County gasoline tax funds as rentals
146	under such lease-purchase agreement shall be made without
147	the consent of Osceola County; authorizing the department
148	to expend a limited amount of funds; providing that the
149	system is part of the state road system; providing for the
150	authority to appoint the department as its agent for
151	certain construction purposes; authorizing the authority
152	to acquire property; authorizing the authority to exercise
153	eminent domain; limiting liability of the authority for
154	preexisting contamination of an acquired property;
155	providing for remedial acts necessary due to such
156	contamination; authorizing agreements between the
157	authority and other entities; providing pledge of the
158	state to bondholders; exempting the authority from
159	taxation; providing that investment in such bonds or other
160	obligations constitutes legal investments; providing that
161	such bonds are eligible for deposit as security for state,
162	municipal, and other public funds; providing that pledges
163	shall be enforceable by bondholders; providing for
164	application and construction of the part; authorizing
165	certain audits of the authority by the Osceola County
166	auditor; requiring reports of such audits to be submitted
167	to the authority and the governing body of Osceola County;
168	providing for dissolution of the authority under certain
169	circumstances; amending s. 373.41492, F.S.; increasing the
170	mitigation fee for mining activities in the Miami-Dade
171	County Lake Belt; amending s. 403.4131, F.S.; removing
172	provisions relating to a report on the adopt-a-highway
173	program; amending s. 479.01, F.S.; defining the terms
174	"allowable uses," "commercial use," "industrial use," and
175	"zoning category" and revising the definition of the term
176	"commercial or industrial zone" for purposes of provisions
177	relating to outdoor advertising; conforming cross-
178	references; designating pts. I and II of ch. 479, F.S.,
179	entitled "General Provisions" and "Special Programs,"
180	respectively; creating pt. III of ch. 479, F.S., entitled
181	"Sign Removal"; creating s. 479.310, F.S.; providing
182	intent relating to unpermitted and illegal signs; placing
183	financial responsibility for the removal of such signs;
184	providing the department authority to recover costs of
185	removal of such signs; creating s. 479.311, F.S.,
186	providing jurisdiction to consider claims to recover
187	costs; defining the term "venue" for the purposes of a
188	claim filed by the department; creating s. 479.312, F.S.;
189	providing that costs incurred by the department in
190	removing certain signs shall be assessed against certain
191	individuals; providing presumption of a ownership;
192	creating s. 479.313, F.S.; providing for the assessment of
193	the cost of removal for signs following the revocation of
194	a sign permit; creating s. 479.315, F.S.; providing for
195	the assessment of the cost of removal of signs located
196	within a highway right-of-way; amending s. 705.18, F.S.;
197	removing provisions for disposal of personal property lost
198	or abandoned at certain public-use airports; creating s.
199	705.182, F.S.; providing for disposal of personal property
200	found on premises owned or controlled by the operator of a
201	public-use airport; providing a timeframe for the property
202	to be claimed; providing options for disposing of such
203	personal property; providing procedures for selling
204	abandoned personal property; providing for notice of sale;
205	providing that the rightful owner of such property may
206	reclaim the property at any time prior to sale; permitting
207	airport tenants to establish lost and found procedures;
208	providing that purchaser holds title to the property free
209	of the rights of persons then holding any legal or
210	equitable interest thereto; creating s. 705.183, F.S.;
211	providing for disposition of derelict or abandoned
212	aircraft on the premises of public-use airports; providing
213	procedures for such disposition; requiring a record of
214	when the aircraft is found; defining the terms "derelict
215	aircraft" and "abandoned aircraft"; providing for
216	notification of aircraft owner and all persons having an
217	equitable or legal interest in the aircraft; providing for
218	notice if the owner of the aircraft is unknown or cannot
219	be found; providing for disposition if the aircraft is not
220	removed upon payment of required fees; requiring any sale
221	of the aircraft to be at a public auction; providing
222	notice requirements for such public auction; providing
223	procedures for disposal of the aircraft; providing for
224	liability if charges and costs related to the disposition
225	are more than that obtained from the sale; providing for a
226	lien by the airport for fees and charges; providing for
227	notice of lien; requiring recording of a claim of lien;
228	providing for the form of the claim of lien; providing for
229	service of the claim of lien; providing that the purchaser
230	of the aircraft takes the property free of rights of
231	persons holding legal or equitable interest in the
232	aircraft; requiring purchaser or recipient to notify the
233	Federal Aviation Administration of change in ownership;
234	providing for disposition of moneys received for an
235	aircraft sold at public sale; authorizing the airport to
236	issue documents relating to the aircraft's disposal;
237	creating s. 705.184, F.S.; providing for disposition of
238	derelict or abandoned motor vehicles on the premises of
239	public-use airports; providing procedures; requiring
240	recording of the abandoned motor vehicle; defining the
241	terms "derelict motor vehicle" and "abandoned motor
242	vehicle"; providing for removal of such motor vehicle from
243	airport premises; providing for notice to the owner, the
244	company insuring the motor vehicle, and any lienholder;
245	providing for disposition if the motor vehicle is not
246	removed upon payment of required fees; requiring any sale
247	of the motor vehicle to be at a public auction; providing
248	notice requirements for such public auction; providing
249	procedures for disposal of the motor vehicle; providing
250	for a lien by the airport or a licensed independent
251	wrecker for fees and charges; providing for notice of
252	lien; requiring recording of a claim of lien; providing
253	for the form of the claim of lien; providing for service
254	of claim of lien; providing that the purchaser of the
255	motor vehicle takes the property free of the rights of
256	persons holding legal or equitable interest in the motor
257	vehicle; amending ss. 163.3180, 288.063, 311.07, 311.09,
258	316.515, 336.01, 338.222, 341.8225, 479.07, 479.156, and
259	479.261, F.S.; correcting cross-references; providing an
260	effective date.
261
262	Be It Enacted by the Legislature of the State of Florida:
263
264	Section 1.  Subsection (7) of section 20.23, Florida
265	Statutes, as amended by chapter 2009-271, Laws of Florida, is
266	renumbered as subsection (8), and a new subsection (7) is added
267	to that section to read:
268	20.23  Department of Transportation.-There is created a
269	Department of Transportation which shall be a decentralized
270	agency.
271	(7)  The department is authorized to continue to grant a
272	pay additive of $75 per pay period for law enforcement officers
273	assigned to the Office of Motor Carrier Compliance who maintain
274	certification by the Commercial Vehicle Safety Alliance.
275	Section 2.  Paragraph (c) of subsection (12) of section
276	315.03, Florida Statutes, is repealed.
277	Section 3.  Section 316.2122, Florida Statutes, is amended
278	to read:
279	316.2122  Operation of a low-speed vehicle or mini truck on
280	certain roadways.-The operation of a low-speed vehicle as
281	defined in s. 320.01(42) or a mini truck as defined in s.
282	320.01(45) on any road under the jurisdiction of a county or
283	municipality or on an urban minor arterial road, determined by
284	the Department of Transportation using procedures developed by
285	the Federal Highway Administration, under the jurisdiction of
286	the Department of Transportation as defined in s. 334.03(15) or
287	(33) is authorized with the following restrictions:
288	(1)  A low-speed vehicle or mini truck may be operated only
289	on streets where the posted speed limit is 35 miles per hour or
290	less. This does not prohibit a low-speed vehicle or mini truck
291	from crossing a road or street at an intersection where the road
292	or street has a posted speed limit of more than 35 miles per
293	hour.
294	(2)  A low-speed vehicle must be equipped with headlamps,
295	stop lamps, turn signal lamps, taillamps, reflex reflectors,
296	parking brakes, rearview mirrors, windshields, seat belts, and
297	vehicle identification numbers.
298	(3)  A low-speed vehicle or mini truck must be registered
299	and insured in accordance with s. 320.02 and titled pursuant to
300	chapter 319.
301	(4)  Any person operating a low-speed vehicle or mini truck
302	must have in his or her possession a valid driver's license.
303	(5)  A county or municipality may prohibit the operation of
304	low-speed vehicles or mini trucks on any road under its
305	jurisdiction if the governing body of the county or municipality
306	determines that such prohibition is necessary in the interest of
307	safety.
308	(6)  The Department of Transportation may prohibit the
309	operation of low-speed vehicles or mini trucks on any road under
310	its jurisdiction if it determines that such prohibition is
311	necessary in the interest of safety.
312	Section 4.  Subsection (5) of section 316.535, Florida
313	Statutes, is amended to read:
314	316.535  Maximum weights.-
315	(5)  With respect to those highways not in the Interstate
316	Highway System, in all cases in which it exceeds state law in
317	effect on January 4, 1975, the overall gross weight on the
318	vehicle or combination of vehicles, including all enforcement
319	tolerances, shall be as determined by the following formula:
320
321	W = 500((LN ÷ (N-1)) + 12N + 36)
322
323	where W = overall gross weight of the vehicle to the nearest 500
324	pounds; L = distance in feet between the extreme of the external
325	axles; and N = number of axles on the vehicle. However, such
326	overall gross weight of any vehicle or combination of vehicles
327	may not exceed 80,000 pounds including all enforcement
328	tolerances. The scale tolerance provided in s. 316.545(2) shall
329	be applicable to all weight limitations of this subsection,
330	except when a vehicle exceeds the posted weight limit on a road
331	or bridge. The scale tolerance provided in s. 316.545(2) shall
332	not apply to cranes. Fines for violations of the total gross
333	weight limitations provided for in this subsection shall be
334	based on the amount by which the actual weight of the vehicle
335	and load exceeds the allowable maximum weight determined under
336	this subsection plus the scale tolerance provided in s.
337	316.545(2).
338	Section 5.  Subsections (2) and (3) of section 316.545,
339	Florida Statutes, are amended to read:
340	316.545  Weight and load unlawful; special fuel and motor
341	fuel tax enforcement; inspection; penalty; review.-
342	(2)(a)  Whenever an officer, upon weighing a vehicle or
343	combination of vehicles with load, determines that the axle
344	weight or gross weight is unlawful, the officer may require the
345	driver to stop the vehicle in a suitable place and remain
346	standing until a determination can be made as to the amount of
347	weight thereon and, if overloaded, the amount of penalty to be
348	assessed as provided herein. However, any gross weight over and
349	beyond 6,000 pounds beyond the maximum herein set shall be
350	unloaded and all material so unloaded shall be cared for by the
351	owner or operator of the vehicle at the risk of such owner or
352	operator. Except as otherwise provided in this chapter, to
353	facilitate compliance with and enforcement of the weight limits
354	established in s. 316.535, weight tables published pursuant to
355	s. 316.535(7) shall include a 10-percent scale tolerance and
356	shall thereby reflect the maximum scaled weights allowed any
357	vehicle or combination of vehicles. As used in this section,
358	scale tolerance means the allowable deviation from legal weights
359	established in s. 316.535. Notwithstanding any other provision
360	of the weight law, if a vehicle or combination of vehicles does
361	not exceed the gross, external bridge, or internal bridge weight
362	limits imposed in s. 316.535 and the driver of such vehicle or
363	combination of vehicles can comply with the requirements of this
364	chapter by shifting or equalizing the load on all wheels or
365	axles and does so when requested by the proper authority, the
366	driver shall not be held to be operating in violation of said
367	weight limits. Any vehicle or combination of vehicles which
368	exceeds the gross or external bridge weight limits imposed in s.
369	316.535(3), (4), or (6) over and beyond 6,000 pounds shall be
370	unloaded and all material so unloaded shall be cared for by the
371	owner or operator of the vehicle at the risk of such owner or
372	operator. Any vehicle or combination of vehicles which exceeds
373	the gross or external bridge weight limits imposed in s.
374	316.535(5) shall be unloaded and all material so unloaded shall
375	be cared for by the owner or operator of the vehicle at the risk
376	of such owner or operator.
377	(b)  The officer shall inspect the license plate or
378	registration certificate of the commercial vehicle, as defined
379	in s. 316.003(66), to determine if its gross weight is in
380	compliance with the declared gross vehicle weight. If its gross
381	weight exceeds the declared weight, the penalty shall be 5 cents
382	per pound on the difference between such weights. In those cases
383	when the commercial vehicle, as defined in s. 316.003(66), is
384	being operated over the highways of the state with an expired
385	registration or with no registration from this or any other
386	jurisdiction or is not registered under the applicable
387	provisions of chapter 320, the penalty herein shall apply on the
388	basis of 5 cents per pound on that scaled weight which exceeds
389	35,000 pounds on laden truck tractor-semitrailer combinations or
390	tandem trailer truck combinations, 10,000 pounds on laden
391	straight trucks or straight truck-trailer combinations, or
392	10,000 pounds on any unladen commercial motor vehicle. If the
393	license plate or registration has not been expired for more than
394	90 days, the penalty imposed under this paragraph may not exceed
395	$1,000. In the case of special mobile equipment as defined in s.
396	316.003(48), which qualifies for the license tax provided for in
397	s. 320.08(5)(b), being operated on the highways of the state
398	with an expired registration or otherwise not properly
399	registered under the applicable provisions of chapter 320, a
400	penalty of $75 shall apply in addition to any other penalty
401	which may apply in accordance with this chapter. A vehicle found
402	in violation of this section may be detained until the owner or
403	operator produces evidence that the vehicle has been properly
404	registered. Any costs incurred by the retention of the vehicle
405	shall be the sole responsibility of the owner. A person who has
406	been assessed a penalty pursuant to this paragraph for failure
407	to have a valid vehicle registration certificate pursuant to the
408	provisions of chapter 320 is not subject to the delinquent fee
409	authorized in s. 320.07 if such person obtains a valid
410	registration certificate within 10 working days after such
411	penalty was assessed.
412	(c)  Weight limits established and posted for a road or
413	bridge pursuant to s. 316.555 and weight limits specified in
414	special permits issued pursuant to s. 316.550 shall be deemed to
415	include all allowable tolerances. In those cases when a vehicle
416	or combination of vehicles exceeds the weight limits established
417	and posted for a road or bridge pursuant to s. 316.555, or
418	exceeds the weight limits permitted in a special permit issued
419	pursuant to s. 316.550, the penalty shall be 5 cents per pound
420	on the difference between the scale weight of the vehicle and
421	the weight limits for such posted road or bridge or permitted in
422	such special permit. However, if a special permit is declared
423	invalid in accordance with rules promulgated pursuant to s.
424	316.550, the penalties imposed in subsection (3) shall apply to
425	those weights which exceed the limits established in s. 316.535.
426	(3)  Any person who violates the overloading provisions of
427	this chapter shall be conclusively presumed to have damaged the
428	highways of this state by reason of such overloading, which
429	damage is hereby fixed as follows:
430	(a)  When the excess weight is 200 pounds or less than the
431	maximum herein provided, the penalty shall be $10;
432	(b)  Five cents per pound for each pound of weight in
433	excess of the maximum herein provided when the excess weight
434	exceeds 200 pounds. However, whenever the gross weight of the
435	vehicle or combination of vehicles does not exceed the maximum
436	allowable gross weight, the maximum fine for the first 600
437	pounds of unlawful axle weight shall be $10;
438	(c)  For a vehicle equipped with fully functional idle-
439	reduction technology, any penalty shall be calculated by
440	reducing the actual gross vehicle weight or the internal bridge
441	weight by the certified weight of the idle-reduction technology
442	or by 400 pounds, whichever is less. The vehicle operator must
443	present written certification of the weight of the idle-
444	reduction technology and must demonstrate or certify that the
445	idle-reduction technology is fully functional at all times. This
446	calculation is not allowed for vehicles described in s.
447	316.535(6);
448	(d)(c)  An apportioned motor vehicle, as defined in s.
449	320.01, operating on the highways of this state without being
450	properly licensed and registered shall be subject to the
451	penalties as herein provided; and
452	(e)(d)  Vehicles operating on the highways of this state
453	from nonmember International Registration Plan jurisdictions
454	which are not in compliance with the provisions of s. 316.605
455	shall be subject to the penalties as herein provided.
456	Section 6.  Subsection (7) of section 318.18, Florida
457	Statutes, is amended to read:
458	318.18  Amount of penalties.-The penalties required for a
459	noncriminal disposition pursuant to s. 318.14 or a criminal
460	offense listed in s. 318.17 are as follows:
461	(7)  Mandatory $100 fine for each violation of s. 316.1001
462	plus the amount of the unpaid toll shown on the traffic citation
463	for each citation issued. The clerk of the court shall forward
464	$25 of the $100 fine received, plus the amount of the unpaid
465	toll that is shown on the citation, to the governmental entity
466	that issued the citation for citations issued by toll
467	enforcement officers or to the entity administering the tolls at
468	the facility where the violation occurred for citations issued
469	by law enforcement officers. However, a person may elect to pay
470	$30 to the clerk of the court, plus the amount of the unpaid
471	toll that is shown on the citation, in which case adjudication
472	is withheld, and no points are assessed under s. 322.27. Upon
473	receipt of the $30 and unpaid toll amount, the clerk of the
474	court shall retain $5 for administrative purposes and shall
475	forward the remaining $25, plus the amount of the unpaid toll
476	shown on the citation, to the governmental entity that issued
477	the citation for citations issued by toll enforcement officers
478	or to the entity administering the tolls at the facility where
479	the violation occurred for citations issued by law enforcement
480	officers. Additionally, adjudication shall be withheld and no
481	points shall be assessed under s. 322.27, except when
482	adjudication is imposed by the court after a hearing pursuant to
483	s. 318.14(5), or on whose behalf the citation was issued. If a
484	plea arrangement is reached prior to the date set for a
485	scheduled evidentiary hearing and, as a result of the plea,
486	adjudication is withheld, there shall be a mandatory fine
487	assessed per citation of not less than $50 and not more than
488	$100, plus the amount of the unpaid toll for each citation
489	issued. The clerk of the court shall forward $25 of the fine
490	imposed plus the amount of the unpaid toll that is shown on the
491	citation to the governmental entity that issued the citation for
492	citations issued by toll enforcement officers or to the entity
493	administering the tolls at the facility where the violation
494	occurred for citations issued by law enforcement officers or on
495	whose behalf the citation was issued. The court shall have
496	specific authority to consolidate issued citations for the same
497	defendant for the purpose of sentencing and aggregate
498	jurisdiction. In addition, the department shall suspend for 60
499	days the driver's license of a person who is convicted of 10
500	violations of s. 316.1001 within a 36-month period. Any funds
501	received by a governmental entity for this violation may be used
502	for any lawful purpose related to the operation or maintenance
503	of a toll facility.
504	Section 7.  Paragraph (b) of subsection (32) of section
505	320.08058, Florida Statutes, is amended to read:
506	320.08058  Specialty license plates.-
507	(32)  UNITED WE STAND LICENSE PLATES.-
508	(b)  The department shall retain all revenues from the sale
509	of such plates until all startup costs for developing and
510	issuing the plates have been recovered. Thereafter, 100 percent
511	of the annual use fee shall be distributed to the Department of
512	Transportation to fund security-related aviation projects
513	pursuant to chapter 332 SAFE Council to fund a grant program to
514	enhance security at airports throughout the state, pursuant to
515	s. 332.14.
516	Section 8.  Paragraph (d) of subsection (3) of section
517	322.27, Florida Statutes, is amended to read:
518	322.27  Authority of department to suspend or revoke
519	license.-
520	(3)  There is established a point system for evaluation of
521	convictions of violations of motor vehicle laws or ordinances,
522	and violations of applicable provisions of s. 403.413(6)(b) when
523	such violations involve the use of motor vehicles, for the
524	determination of the continuing qualification of any person to
525	operate a motor vehicle. The department is authorized to suspend
526	the license of any person upon showing of its records or other
527	good and sufficient evidence that the licensee has been
528	convicted of violation of motor vehicle laws or ordinances, or
529	applicable provisions of s. 403.413(6)(b), amounting to 12 or
530	more points as determined by the point system. The suspension
531	shall be for a period of not more than 1 year.
532	(d)  The point system shall have as its basic element a
533	graduated scale of points assigning relative values to
534	convictions of the following violations:
535	1.  Reckless driving, willful and wanton-4 points.
536	2.  Leaving the scene of a crash resulting in property
537	damage of more than $50-6 points.
538	3.  Unlawful speed resulting in a crash-6 points.
539	4.  Passing a stopped school bus-4 points.
540	5.  Unlawful speed:
541	a.  Not in excess of 15 miles per hour of lawful or posted
542	speed-3 points.
543	b.  In excess of 15 miles per hour of lawful or posted
544	speed-4 points.
545	6.  A violation of a traffic control signal device as
546	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
547	7.  All other moving violations (including parking on a
548	highway outside the limits of a municipality)-3 points. However,
549	no points shall be imposed for a violation of s. 316.0741 or s.
550	316.2065(12); and points shall be imposed for a violation of s.
551	316.1001 only when imposed by the court after a hearing pursuant
552	to s. 318.14(5).
553	8.  Any moving violation covered above, excluding unlawful
554	speed, resulting in a crash-4 points.
555	9.  Any conviction under s. 403.413(6)(b)-3 points.
556	10.  Any conviction under s. 316.0775(2)-4 points.
557	Section 9.  Section 332.14, Florida Statutes, is repealed.
558	Section 10.  All funds accrued by the Secure Airports for
559	Florida's Economy Council prior to July 1, 2010, shall be
560	retained by the Department of Transportation. The Department of
561	Transportation is authorized to use these funds for statewide
562	training purposes relating to airport security and management.
563	The Department of Transportation is further authorized to use
564	these funds for security-related aviation projects pursuant to
565	chapter 332, Florida Statutes.
566	Section 11.  Section 334.03, Florida Statutes, is amended
567	to read:
568	334.03  Definitions.-When used in the Florida
569	Transportation Code, the term:
570	(1)  "Arterial road" means a route providing service which
571	is relatively continuous and of relatively high traffic volume,
572	long average trip length, high operating speed, and high
573	mobility importance. In addition, every United States numbered
574	highway is an arterial road.
575	(1)(2)  "Bridge" means a structure, including supports,
576	erected over a depression or an obstruction, such as water or a
577	highway or railway, and having a track or passageway for
578	carrying traffic as defined in chapter 316 or other moving
579	loads.
580	(2)(3)  "City street system" means all local roads within a
581	municipality that were under the jurisdiction of that
582	municipality on June 10, 1995; roads transferred to the
583	municipality's jurisdiction after that date by mutual consent
584	with another governmental entity, but not including roads so
585	transferred from the municipality's jurisdiction; and roads
586	constructed by a municipality for its street system, and all
587	collector roads inside that municipality, which are not in the
588	county road system.
589	(4)  "Collector road" means a route providing service which
590	is of relatively moderate average traffic volume, moderately
591	average trip length, and moderately average operating speed.
592	Such a route also collects and distributes traffic between local
593	roads or arterial roads and serves as a linkage between land
594	access and mobility needs.
595	(3)(5)  "Commissioners" means the governing body of a
596	county.
597	(4)(6)  "Consolidated metropolitan statistical area" means
598	two or more metropolitan statistical areas that are socially and
599	economically interrelated as defined by the United States Bureau
600	of the Census.
601	(5)(7)  "Controlled access facility" means a street or
602	highway to which the right of access is highly regulated by the
603	governmental entity having jurisdiction over the facility in
604	order to maximize the operational efficiency and safety of the
605	high-volume through traffic utilizing the facility. Owners or
606	occupants of abutting lands and other persons have a right of
607	access to or from such facility at such points only and in such
608	manner as may be determined by the governmental entity.
609	(6)(8)  "County road system" means all roads within a
610	county which were under the jurisdiction of that county on June
611	10, 1995; roads transferred to the county's jurisdiction after
612	that date by mutual consent with another governmental entity,
613	but not including roads so transferred from the county's
614	jurisdiction; and roads constructed by a county for that
615	county's road system collector roads in the unincorporated areas
616	of a county and all extensions of such
617	through any incorporated areas, all
618	unincorporated areas, and all urban minor
619	the State Highway System.
620	(7)(9)  "Department" means the Department of
621	Transportation.
622	(8)(10)  "Florida Intrastate Highway System" means a system
623	of limited access and controlled access facilities on the State
624	Highway System which have the capacity to provide high-speed and
625	high-volume traffic movements in an efficient and safe manner.
626	(9)(11)  "Functional classification" means the assignment
627	of roads into systems according to the character of service they
628	provide in relation to the total road network using procedures
629	developed by the Federal Highway Administration. Basic
630	functional categories include arterial roads, collector roads,
631	and local roads which may be subdivided into principal, major,
632	or minor levels. Those levels may be additionally divided into
633	rural and urban categories.
634	(10)(12)  "Governmental entity" means a unit of government,
635	or any officially designated public agency or authority of a
636	unit of government, that has the responsibility for planning,
637	construction, operation, or maintenance or jurisdiction over
638	transportation facilities; the term includes the Federal
639	Government, the state government, a county, an incorporated
640	municipality, a metropolitan planning organization, an
641	expressway or transportation authority, a road and bridge
642	district, a special road and bridge district, and a regional
643	governmental unit.
644	(11)(13)  "Limited access facility" means a street or
645	highway especially designed for through traffic, and over, from,
646	or to which owners or occupants of abutting land or other
647	persons have no right or easement of access, light, air, or view
648	by reason of the fact that their property abuts upon such
649	limited access facility or for any other reason. Such highways
650	or streets may be facilities from which trucks, buses, and other
651	commercial vehicles are excluded; or they may be facilities open
652	to use by all customary forms of street and highway traffic.
653	(12)(14)  "Local governmental entity" means a unit of
654	government with less than statewide jurisdiction, or any
655	officially designated public agency or authority of such a unit
656	of government, that has the responsibility for planning,
657	construction, operation, or maintenance of, or jurisdiction
658	over, a transportation facility; the term includes, but is not
659	limited to, a county, an incorporated municipality, a
660	metropolitan planning organization, an expressway or
661	transportation authority, a road and bridge district, a special
662	road and bridge district, and a regional governmental unit.
663	(15)  "Local road" means a route providing service which is
664	of relatively low average traffic volume, short average trip
665	length or minimal through-traffic movements, and high land
666	access for abutting property.
667	(13)(16)  "Metropolitan area" means a geographic region
668	comprising as a minimum the existing urbanized area and the
669	contiguous area projected to become urbanized within a 20-year
670	forecast period. The boundaries of a metropolitan area may be
671	designated so as to encompass a metropolitan statistical area or
672	a consolidated metropolitan statistical area. If a metropolitan
673	area, or any part thereof, is located within a nonattainment
674	area, the boundaries of the metropolitan area must be designated
675	so as to include the boundaries of the entire nonattainment
676	area, unless otherwise provided by agreement between the
677	applicable metropolitan planning organization and the Governor.
678	(14)(17)  "Metropolitan statistical area" means an area
679	that includes a municipality of 50,000 persons or more, or an
680	urbanized area of at least 50,000 persons as defined by the
681	United States Bureau of the Census, provided that the component
682	county or counties have a total population of at least 100,000.
683	(15)(18)  "Nonattainment area" means an area designated by
684	the United States Environmental Protection Agency, pursuant to
685	federal law, as exceeding national primary or secondary ambient
686	air quality standards for the pollutants carbon monoxide or
687	ozone.
688	(16)(19)  "Periodic maintenance" means activities that are
689	large in scope and require a major work effort to restore
690	deteriorated components of the transportation system to a safe
691	and serviceable condition, including, but not limited to, the
692	repair of large bridge structures, major repairs to bridges and
693	bridge systems, and the mineral sealing of lengthy sections of
694	roadway.
695	(17)(20)  "Person" means any person described in s. 1.01 or
696	any unit of government in or outside the state.
697	(18)(21)  "Right of access" means the right of ingress to a
698	highway from abutting land and egress from a highway to abutting
699	land.
700	(19)(22)  "Right-of-way" means land in which the state, the
701	department, a county, or a municipality owns the fee or has an
702	easement devoted to or required for use as a transportation
703	facility.
704	(20)(23)  "Road" means a way open to travel by the public,
705	including, but not limited to, a street, highway, or alley. The
706	term includes associated sidewalks, the roadbed, the right-of-
707	way, and all culverts, drains, sluices, ditches, water storage
708	areas, waterways, embankments, slopes, retaining walls, bridges,
709	tunnels, and viaducts necessary for the maintenance of travel
710	and all ferries used in connection therewith.
711	(21)(24)  "Routine maintenance" means minor repairs and
712	associated tasks necessary to maintain a safe and efficient
713	transportation system. The term includes: pavement patching;
714	shoulder repair; cleaning and repair of drainage ditches,
715	traffic signs, and structures; mowing; bridge inspection and
716	maintenance; pavement striping; litter cleanup; and other
717	similar activities.
718	(22)(25)  "State Highway System" means the following, which
719	shall be facilities to which access is regulated:
720	(a)  the interstate system and all other roads within the
721	state which were under the jurisdiction of the state on June 10,
722	1995; roads transferred to the state's jurisdiction after that
723	date by mutual consent with another governmental entity, but not
724	including roads so transferred from the state's jurisdiction;
725	and roads constructed by an agency of the state for the State
726	Highway System. These facilities shall be facilities to which
727	access is regulated.;
728	(b)  All rural arterial routes and their extensions into
729	and through urban areas;
730	(c)  All urban principal arterial routes; and
731	(d)  The urban minor arterial mileage on the existing State
732	Highway System as of July 1, 1987, plus additional mileage to
733	comply with the 2-percent requirement as described below.
734
735	However, not less than 2 percent of the public road mileage of
736	each urbanized area on record as of June 30, 1986, shall be
737	included as minor arterials in the State Highway System.
738	Urbanized areas not meeting the foregoing minimum requirement
739	shall have transferred to the State Highway System additional
740	minor arterials of the highest significance in which case the
741	total minor arterials in the State Highway System from any
742	urbanized area shall not exceed 2.5 percent of that area's total
743	public urban road mileage.
744	(23)(26)  "State Park Road System" means roads embraced
745	within the boundaries of state parks and state roads leading to
746	state parks, other than roads of the State Highway System, the
747	county road systems, or the city street systems.
748	(24)(27)  "State road" means a street, road, highway, or
749	other way open to travel by the public generally and dedicated
750	to the public use according to law or by prescription and
751	designated by the department, as provided by law, as part of the
752	State Highway System.
753	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
754	causeway, approach, ferry slip, culvert, toll plaza, gate, or
755	other similar facility used in connection with a transportation
756	facility.
757	(26)(29)  "Sufficiency rating" means the objective rating
758	of a road or section of a road for the purpose of determining
759	its capability to serve properly the actual or anticipated
760	volume of traffic using the road.
761	(27)(30)  "Transportation corridor" means any land area
762	designated by the state, a county, or a municipality which is
763	between two geographic points and which area is used or suitable
764	for the movement of people and goods by one or more modes of
765	transportation, including areas necessary for management of
766	access and securing applicable approvals and permits.
767	Transportation corridors shall contain, but are not limited to,
768	the following:
769	(a)  Existing publicly owned rights-of-way;
770	(b)  All property or property interests necessary for
771	future transportation facilities, including rights of access,
772	air, view, and light, whether public or private, for the purpose
773	of securing and utilizing future transportation rights-of-way,
774	including, but not limited to, any lands reasonably necessary
775	now or in the future for securing applicable approvals and
776	permits, borrow pits, drainage ditches, water retention areas,
777	rest areas, replacement access for landowners whose access could
778	be impaired due to the construction of a future facility, and
779	replacement rights-of-way for relocation of rail and utility
780	facilities.
781	(28)(31)  "Transportation facility" means any means for the
782	transportation of people or property from place to place which
783	is constructed, operated, or maintained in whole or in part from
784	public funds. The term includes the property or property rights,
785	both real and personal, which have been or may be established by
786	public bodies for the transportation of people or property from
787	place to place.
788	(29)(32)  "Urban area" means a geographic region comprising
789	as a minimum the area inside the United States Bureau of the
790	Census boundary of an urban place with a population of 5,000 or
791	more persons, expanded to include adjacent developed areas as
792	provided for by Federal Highway Administration regulations.
793	(33)  "Urban minor arterial road" means a route that
794	generally interconnects with and augments an urban principal
795	arterial road and provides service to trips of shorter length
796	and a lower level of travel mobility. The term includes all
797	arterials not classified as "principal" and contain facilities
798	that place more emphasis on land access than the higher system.
799	(30)(34)  "Urban place" means a geographic region composed
800	of one or more contiguous census tracts that have been found by
801	the United States Bureau of the Census to contain a population
802	density of at least 1,000 persons per square mile.
803	(35)  "Urban principal arterial road" means a route that
804	generally serves the major centers of activity of an urban area,
805	the highest traffic volume corridors, and the longest trip
806	purpose and carries a high proportion of the total urban area
807	travel on a minimum of mileage. Such roads are integrated, both
808	internally and between major rural connections.
809	(31)(36)  "Urbanized area" means a geographic region
810	comprising as a minimum the area inside an urban place of 50,000
811	or more persons, as designated by the United States Bureau of
812	the Census, expanded to include adjacent developed areas as
813	provided for by Federal Highway Administration regulations.
814	Urban areas with a population of fewer than 50,000 persons which
815	are located within the expanded boundary of an urbanized area
816	are not separately recognized.
817	(32)(37)  "511" or "511 services" means three-digit
818	telecommunications dialing to access interactive voice response
819	telephone traveler information services provided in the state as
820	defined by the Federal Communications Commission in FCC Order
821	No. 00-256, July 31, 2000.
822	(33)(38)  "Interactive voice response" means a software
823	application that accepts a combination of voice telephone input
824	and touch-tone keypad selection and provides appropriate
825	responses in the form of voice, fax, callback, e-mail, and other
826	media.
827	Section 12.  Subsections (11) and (13) of section 334.044,
828	Florida Statutes, are amended to read:
829	334.044  Department; powers and duties.-The department
830	shall have the following general powers and duties:
831	(11)  To establish a numbering system for public roads and,
832	to functionally classify such roads, and to assign
833	jurisdictional responsibility.
834	(13)  To designate existing and to plan proposed
835	transportation facilities as part of the State Highway System,
836	and to construct, maintain, and operate such facilities.
837	Section 13.  Section 334.047, Florida Statutes, is amended
838	to read:
839	334.047  Prohibition.-Notwithstanding any other provision
840	of law to the contrary, the Department of Transportation may not
841	establish a cap on the number of miles in the State Highway
842	System or a maximum number of miles of urban principal arterial
843	roads, as defined in s. 334.03, within a district or county.
844	Section 14.  Subsection (1) of section 337.14, Florida
845	Statutes, is amended to read:
846	337.14  Application for qualification; certificate of
847	qualification; restrictions; request for hearing.-
848	(1)  Any person desiring to bid for the performance of any
849	construction contract in excess of $250,000 which the department
850	proposes to let must first be certified by the department as
851	qualified pursuant to this section and rules of the department.
852	The rules of the department shall address the qualification of
853	persons to bid on construction contracts in excess of $250,000
854	and shall include requirements with respect to the equipment,
855	past record, experience, financial resources, and organizational
856	personnel of the applicant necessary to perform the specific
857	class of work for which the person seeks certification. The
858	department is authorized to limit the dollar amount of any
859	contract upon which a person is qualified to bid or the
860	aggregate total dollar volume of contracts such person is
861	allowed to have under contract at any one time. Each applicant
862	seeking qualification to bid on construction contracts in excess
863	of $250,000 shall furnish the department a statement under oath,
864	on such forms as the department may prescribe, setting forth
865	detailed information as required on the application. Each
866	application for certification shall be accompanied by the latest
867	annual financial statement of the applicant completed within the
868	last 12 months. If the application or the annual financial
869	statement shows the financial condition of the applicant more
870	than 4 months prior to the date on which the application is
871	received by the department, then an interim financial statement
872	must also be submitted and be accompanied by an updated
873	application. The interim financial statement must cover the
874	period from the end date of the annual statement and must show
875	the financial condition of the applicant no more than 4 months
876	prior to the date the interim financial statement on which the
877	application is received by the department. Each required annual
878	or interim financial statement must be audited and accompanied
879	by the opinion of a certified public accountant or a public
880	accountant approved by the department. The information required
881	by this subsection is confidential and exempt from the
882	provisions of s. 119.07(1). The department shall act upon the
883	application for qualification within 30 days after the
884	department determines that the application is complete. The
885	department may waive the requirements of this subsection for
886	projects having a contract price of $500,000 or less if the
887	department determines that the project is of a noncritical
888	nature and the waiver will not endanger public health, safety,
889	or property.
890	Section 15.  Subsection (1) of section 337.401, Florida
891	Statutes, is amended to read:
892	337.401  Use of right-of-way for utilities subject to
893	regulation; permit; fees.-
894	(1)(a)  The department and local governmental entities,
895	referred to in ss. 337.401-337.404 as the "authority," that have
896	jurisdiction and control of public roads or publicly owned rail
897	corridors are authorized to prescribe and enforce reasonable
898	rules or regulations with reference to the placing and
899	maintaining along, across, or on any road or publicly owned rail
900	corridors under their respective jurisdictions any electric
901	transmission, telephone, telegraph, or other communications
902	services lines; pole lines; poles; railways; ditches; sewers;
903	water, heat, or gas mains; pipelines; fences; gasoline tanks and
904	pumps; or other structures referred to in this section as the
905	"utility." For aerial and underground electric utility
906	transmission lines designed to operate at 69 or more kilovolts
907	that are needed to accommodate the additional electrical
908	transfer capacity on the transmission grid resulting from new
909	base-load generating facilities, where there is no other
910	practicable alternative available for placement of the electric
911	utility transmission lines on the department's rights-of-way,
912	the department's rules shall provide for placement of and access
913	to such transmission lines adjacent to and within the right-of-
914	way of any department-controlled public roads, including
915	longitudinally within limited access facilities to the greatest
916	extent allowed by federal law, if compliance with the standards
917	established by such rules is achieved. Such rules may include,
918	but need not be limited to, that the use of the right-of-way is
919	reasonable based upon a consideration of economic and
920	environmental factors, including, without limitation, other
921	practicable alternative alignments, utility corridors and
922	easements, impacts on adjacent property owners, and minimum
923	clear zones and other safety standards, and further provide that
924	placement of the electric utility transmission lines within the
925	department's right-of-way does not interfere with operational
926	requirements of the transportation facility or planned or
927	potential future expansion of such transportation facility. If
928	the department approves longitudinal placement of electric
929	utility transmission lines in limited access facilities,
930	compensation for the use of the right-of-way is required. Such
931	consideration or compensation paid by the electric utility in
932	connection with the department's issuance of a permit does not
933	create any property right in the department's property
934	regardless of the amount of consideration paid or the
935	improvements constructed on the property by the utility. Upon
936	notice by the department that the property is needed for
937	expansion or improvement of the transportation facility, the
938	electric utility transmission line will relocate from the
939	facility at the electric utility's sole expense. The electric
940	utility shall pay to the department reasonable damages resulting
941	from the utility's failure or refusal to timely relocate its
942	transmission lines. The rules to be adopted by the department
943	may also address the compensation methodology and relocation. As
944	used in this subsection, the term "base-load generating
945	facilities" means electric power plants that are certified under
946	part II of chapter 403. The department may enter into a permit-
947	delegation agreement with a governmental entity if issuance of a
948	permit is based on requirements that the department finds will
949	ensure the safety and integrity of facilities of the Department
950	of Transportation; however, the permit-delegation agreement does
951	not apply to facilities of electric utilities as defined in s.
952	366.02(2).
953	(b)  For aerial and underground electric utility
954	transmission lines designed to operate at 69 or more kilovolts
955	that are needed to accommodate the additional electrical
956	transfer capacity on the transmission grid resulting from new
957	base-load generating facilities, the department's rules shall
958	provide for placement of and access to such transmission lines
959	adjacent to and within the right-of-way of any department-
960	controlled public roads, including longitudinally within limited
961	access facilities where there is no other practicable
962	alternative available, to the greatest extent allowed by federal
963	law, if compliance with the standards established by such rules
964	is achieved. Such rules may include, but need not be limited to,
965	that the use of the limited access right-of-way for longitudinal
966	placement of electric utility transmission lines is reasonable
967	based upon a consideration of economic and environmental
968	factors, including, without limitation, other practicable
969	alternative alignments, utility corridors and easements, impacts
970	on adjacent property owners, and minimum clear zones and other
971	safety standards, and further provide that placement of the
972	electric utility transmission lines within the department's
973	right-of-way does not interfere with operational requirements of
974	the transportation facility or planned or potential future
975	expansion of such transportation facility. If the department
976	approves longitudinal placement of electric utility transmission
977	lines in limited access facilities, compensation for the use of
978	the right-of-way is required. Such consideration or compensation
979	paid by the electric utility in connection with the department's
980	issuance of a permit does not create any property right in the
981	department's property regardless of the amount of consideration
982	paid or the improvements constructed on the property by the
983	utility. Upon notice by the department that the property is
984	needed for expansion or improvement of the transportation
985	facility, the electric utility transmission line will relocate
986	at the electric utility's sole expense. The electric utility
987	shall pay to the department reasonable damages resulting from
988	the utility's failure or refusal to timely relocate its
989	transmission lines. The rules to be adopted by the department
990	may also address the compensation methodology and relocation. As
991	used in this subsection, the term "base-load generating
992	facilities" means electric power plants that are certified under
993	part II of chapter 403.
994	Section 16.  Subsection (1) of section 338.155, Florida
995	Statutes, is amended to read:
996	338.155  Payment of toll on toll facilities required;
997	exemptions.-
998	(1)  No persons are permitted to use any toll facility
999	without payment of tolls, except employees of the agency
1000	operating the toll project when using the toll facility on
1001	official state business, state military personnel while on
1002	official military business, handicapped persons as provided in
1003	this section, persons exempt from toll payment by the
1004	authorizing resolution for bonds issued to finance the facility,
1005	and persons exempt on a temporary basis where use of such toll
1006	facility is required as a detour route. Any law enforcement
1007	officer operating a marked official vehicle is exempt from toll
1008	payment when on official law enforcement business. Any person
1009	operating a fire vehicle when on official business or a rescue
1010	vehicle when on official business is exempt from toll payment.
1011	Any person participating in the funeral procession of a law
1012	enforcement officer or firefighter killed in the line of duty is
1013	exempt from toll payment. The secretary, or the secretary's
1014	designee, may suspend the payment of tolls on a toll facility
1015	when necessary to assist in emergency evacuation. The failure to
1016	pay a prescribed toll constitutes a noncriminal traffic
1017	infraction, punishable as a moving violation pursuant to s.
1018	318.18. The department is authorized to adopt rules relating to
1019	the payment, collection, and enforcement of tolls, including,
1020	but not limited to, rules for the implementation of video or
1021	other image billing and variable pricing guaranteed toll
1022	accounts.
1023	Section 17.  Paragraph (q) is added to subsection (2) of
1024	section 343.64, Florida Statutes, to read:
1025	343.64  Powers and duties.-
1026	(2)  The authority may exercise all powers necessary,
1027	appurtenant, convenient, or incidental to the carrying out of
1028	the aforesaid purposes, including, but not limited to, the
1029	following rights and powers:
1030	(q)  Notwithstanding s. 343.65, to borrow money in a
1031	principal amount not to exceed $10 million in any calendar year
1032	to refinance all or part of the costs or obligations of the
1033	authority, including, but not limited to, obligations of the
1034	authority as a lessee under a lease.
1035	Section 18.  Subsection (3) of section 348.51, Florida
1036	Statutes, is amended to read:
1037	348.51  Definitions.-The following terms whenever used or
1038	referred to in this part shall have the following meanings,
1039	except in those instances where the context clearly indicates
1040	otherwise:
1041	(3)  "Bonds" means and includes the notes, bonds, refunding
1042	bonds, or other evidences of indebtedness or obligations, in
1043	either temporary or definitive form, which of the authority is
1044	authorized to issue issued pursuant to this part.
1045	Section 19.  Section 348.545, Florida Statutes, is amended
1046	to read:
1047	348.545  Facility improvement; bond financing authority.-
1048	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1049	Legislature hereby approves for bond financing by the Tampa-
1050	Hillsborough County Expressway Authority improvements to toll
1051	collection facilities, interchanges to the legislatively
1052	approved expressway system, and any other facility appurtenant,
1053	necessary, or incidental to the approved system. Subject to
1054	terms and conditions of applicable revenue bond resolutions and
1055	covenants, such costs financing may be financed in whole or in
1056	part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1057	whether currently issued or issued in the future, or by a
1058	combination of such bonds.
1059	Section 20.  Subsections (1) and (2) of section 348.56,
1060	Florida Statutes, are amended to read:
1061	348.56  Bonds of the authority.-
1062	(1)(a)  Bonds may be issued on behalf of the authority
1063	pursuant to the State Bond Act.
1064	(b)  Alternatively, the authority shall have the power and
1065	is hereby authorized from time to time to issue bonds in such
1066	principal amount as, in the opinion of the authority, shall be
1067	necessary to provide sufficient moneys for achieving its
1068	corporate purposes, including construction, reconstruction,
1069	improvement, extension, repair, maintenance and operation of the
1070	expressway system, the cost of acquisition of all real property,
1071	interest on bonds during construction and for a reasonable
1072	period thereafter, establishment of reserves to secure bonds,
1073	and all other expenditures of the authority incident to and
1074	necessary or convenient to carry out its corporate purposes and
1075	powers.
1076	(2)(a)  Bonds issued by the authority pursuant to paragraph
1077	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1078	the members of the authority and shall bear such date or dates,
1079	mature at such time or times, not exceeding 40 years from their
1080	respective dates, bear interest at such rate or rates, not
1081	exceeding the maximum rate fixed by general law for authorities,
1082	be in such denominations, be in such form, either coupon or
1083	fully registered, carry such registration, exchangeability and
1084	interchangeability privileges, be payable in such medium of
1085	payment and at such place or places, be subject to such terms of
1086	redemption and be entitled to such priorities of lien on the
1087	revenues, other available moneys, and the Hillsborough County
1088	gasoline tax funds as such resolution or any resolution
1089	subsequent thereto may provide. The bonds shall be executed
1090	either by manual or facsimile signature by such officers as the
1091	authority shall determine, provided that such bonds shall bear
1092	at least one signature which is manually executed thereon. The
1093	coupons attached to such bonds shall bear the facsimile
1094	signature or signatures of such officer or officers as shall be
1095	designated by the authority. Such bonds shall have the seal of
1096	the authority affixed, imprinted, reproduced, or lithographed
1097	thereon.
1098	(b)  The bonds issued pursuant to paragraph (1)(a) or
1099	paragraph (1)(b) shall be sold at public sale in the same manner
1100	provided in the State Bond Act, and the net interest cost to the
1101	authority on such bonds shall not exceed the maximum rate fixed
1102	by general law for authorities. If all bids received on the
1103	public sale are rejected, the authority may then proceed to
1104	negotiate for the sale of the bonds at a net interest cost which
1105	shall be less than the lowest net interest cost stated in the
1106	bids rejected at the public sale. However, if the authority
1107	determines, by official action at a public meeting, that a
1108	negotiated sale of such bonds is in the best interest of the
1109	authority, the authority may negotiate the sale of such bonds
1110	with the underwriter or underwriters designated by the authority
1111	and the Division of Bond Finance within the State Board of
1112	Administration with respect to bonds issued pursuant to
1113	paragraph (1)(a) or solely by the authority with respect to
1114	bonds issued pursuant to paragraph (1)(b). The authority's
1115	determination to negotiate the sale of such bonds may be based,
1116	in part, upon the written advice of the authority's financial
1117	adviser. Pending the preparation of definitive bonds, temporary
1118	bonds or interim certificates may be issued to the purchaser or
1119	purchasers of such bonds and may contain such terms and
1120	conditions as the authority may determine.
1121	Section 21.  Section 348.565, Florida Statutes, is amended
1122	to read:
1123	348.565  Revenue bonds for specified projects.-The existing
1124	facilities that constitute the Tampa-Hillsborough County
1125	Expressway System are hereby approved to be refinanced by the
1126	issuance of revenue bonds issued by the Division of Bond Finance
1127	of the State Board of Administration pursuant to s. 11(f), Art.
1128	VII of the State Constitution and the State Bond Act or by
1129	revenue bonds issued by the authority pursuant to s.
1130	348.56(1)(b). In addition, the following projects of the Tampa-
1131	Hillsborough County Expressway Authority are approved to be
1132	financed or refinanced by the issuance of revenue bonds in
1133	accordance with this part and pursuant to s. 11(f), Art. VII of
1134	the State Constitution:
1135	(1)  Brandon area feeder roads.
1136	(2)  Capital improvements to the expressway system,
1137	including safety and operational improvements and toll
1138	collection equipment.
1139	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1140	(4)  The connector highway linking the Lee Roy Selmon
1141	Crosstown Expressway to Interstate 4.
1142	Section 22.  Subsection (1) of section 348.57, Florida
1143	Statutes, is amended to read:
1144	348.57  Refunding bonds.-
1145	(1)  Subject to public notice as provided in s. 348.54, the
1146	authority is authorized to provide by resolution for the
1147	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1148	for the purpose of refunding any bonds then outstanding
1149	regardless of whether the bonds being refunded were issued by
1150	the authority pursuant to this chapter or on behalf of the
1151	authority pursuant to the State Bond Act. The authority is
1152	further authorized to provide by resolution for the issuance of
1153	bonds for the combined purpose of:
1154	(a)  Paying the cost of constructing, reconstructing,
1155	improving, extending, repairing, maintaining and operating the
1156	expressway system.
1157	(b)  Refunding bonds then outstanding. The authorization,
1158	sale and issuance of such obligations, the maturities and other
1159	details thereof, the rights and remedies of the holders thereof,
1160	and the rights, powers, privileges, duties and obligations of
1161	the authority with respect to the same shall be governed by the
1162	foregoing provisions of this part insofar as the same may be
1163	applicable.
1164	Section 23.  Section 348.70, Florida Statutes, is amended
1165	to read:
1166	348.70  This part complete and additional authority.-
1167	(1)  The powers conferred by this part shall be in addition
1168	and supplemental to the existing respective powers of the
1169	authority, the department, the county, and the city, if any, and
1170	this part shall not be construed as repealing any of the
1171	provisions of any other law, general, special, or local, but
1172	shall be deemed to supersede such other law or laws in the
1173	exercise of the powers provided in this part insofar as such
1174	other law or laws are inconsistent with the provisions of this
1175	part and to provide a complete method for the exercise of the
1176	powers granted herein. The construction, reconstruction,
1177	improvement, extension, repair, maintenance, and operation of
1178	the expressway system, and the issuance of bonds hereunder to
1179	finance all or part of the cost thereof, may be accomplished
1180	upon compliance with the provisions of this part without regard
1181	to or necessity for compliance with the provisions, limitations,
1182	or restrictions contained in any other general, special, or
1183	local law, including, but not limited to, s. 215.821, and no
1184	approval of any bonds issued under this part by the qualified
1185	electors or qualified electors who are freeholders in the state
1186	or in the county or in the city or in any other political
1187	subdivision of the state shall be required for the issuance of
1188	such bonds.
1189	(2)  This part does not repeal, rescind, or modify any
1190	other law or laws relating to the State Board of Administration,
1191	the Department of Transportation, or the Division of Bond
1192	Finance of the State Board of Administration, but shall
1193	supersede such other law or laws as are inconsistent with the
1194	provisions of this part, including, but not limited to, s.
1195	215.821.
1196	Section 24.  Part XI of chapter 348, Florida Statutes,
1197	consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1198	348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1199	348.9960, 348.9961, 348.9962, 348.9963, 348.9964, 348.9965,
1200	348.9966, and 348.9967, is created to read:
1201	PART XI
1202	OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1203	348.9950  Short title.-This part may be cited as the
1204	"Osceola County Expressway Authority Law."
1205	348.9951  Definitions.-As used in this part, except where
1206	the context clearly indicates otherwise, the term:
1207	(1)  "Agency of the state" means the state and any
1208	department of or corporation, agency, or instrumentality
1209	created, designated, or established by the state.
1210	(2)  "Authority" means the body politic and corporate and
1211	agency of the state created by this part.
1212	(3)  "Bonds" means and includes the notes, bonds, refunding
1213	bonds, or other evidences of indebtedness or obligations, in
1214	either temporary or definitive form, that the authority is
1215	authorized to issue under this part.
1216	(4)  "County" means Osceola County.
1217	(5)  "Department" means the Department of Transportation.
1218	(6)  "Federal agency" means the United States, the
1219	President of the United States, and any department of or
1220	corporation, agency, or instrumentality created, designated, or
1221	established by the United States.
1222	(7)  "Lease-purchase agreement" means any lease-purchase
1223	agreement the authority is authorized under this part to enter
1224	into with the department.
1225	(8)  "Limited access expressway" or "expressway" means a
1226	street or highway especially designed for through traffic and
1227	over, from, or to which no person has a right of easement, use,
1228	or access except in accordance with the rules and regulations
1229	adopted by the authority for the use of such facility. Such
1230	streets or highways may be parkways from which trucks, buses,
1231	and other commercial vehicles are excluded or freeways open to
1232	use by all customary forms of street and highway traffic.
1233	(9)  "Members" means the governing body of the authority,
1234	and the term "member" means one of the individuals constituting
1235	such governing body.
1236	(10)  "Osceola County Expressway System" or "system" means
1237	any and all expressways and appurtenant facilities thereto,
1238	including, but not limited to, all approaches, roads, bridges,
1239	and avenues of access for such expressways that are built by the
1240	authority or the ownership of which is transferred to the
1241	authority by other governmental or private entities.
1242	(11)  "Osceola County gasoline tax funds" means all the 80-
1243	percent surplus gasoline tax funds accruing in each year to the
1244	department for use in Osceola County under s. 9, Art. XII of the
1245	State Constitution after deduction only of any amounts of such
1246	gasoline tax funds pledged by the department or the county for
1247	outstanding obligations.
1248	(12)  "State Board of Administration" means the body
1249	corporate existing under s. 9, Art. XII of the State
1250	Constitution or any successor thereto.
1251	348.9952  Osceola County Expressway Authority.-
1252	(1)  There is created a body politic and corporate, an
1253	agency of the state, to be known as the Osceola County
1254	Expressway Authority.
1255	(2)(a)  The governing body of the authority shall consist
1256	of six members. Five members must be residents of Osceola
1257	County, three of whom shall be appointed by the governing body
1258	of the county and two of whom shall be appointed by the
1259	Governor. The sixth member shall be the district secretary of
1260	the department serving in the district that includes Osceola
1261	County, who shall serve as an ex officio, nonvoting member. The
1262	term of each appointed member shall be for 4 years, except that
1263	the first term of the initial members appointed by the Governor
1264	shall be 2 years each. Each appointed member shall hold office
1265	until his or her successor has been appointed and has qualified.
1266	A vacancy occurring during a term shall be filled only for the
1267	balance of the unexpired term. Each appointed member of the
1268	authority shall be a person of outstanding reputation for
1269	integrity, responsibility, and business ability, but no person
1270	who is an officer or employee of any city or of Osceola County
1271	in any other capacity shall be an appointed member of the
1272	authority. A member of the authority is eligible for
1273	reappointment.
1274	(b)  Members of the authority may be removed from office by
1275	the Governor for misconduct, malfeasance, or nonfeasance in
1276	office.
1277	(3)(a)  The authority shall elect one of its members as
1278	chair. The authority shall also elect a secretary and a
1279	treasurer, who may be members of the authority. The chair,
1280	secretary, and treasurer shall hold such offices at the will of
1281	the authority.
1282	(b)  Three members of the authority constitute a quorum,
1283	and the vote of three members is necessary for any action taken
1284	by the authority. A vacancy in the authority does not impair the
1285	right of a quorum of the authority to exercise all of the rights
1286	and perform all of the duties of the authority.
1287	(4)(a)  The authority may employ an executive secretary, an
1288	executive director, its own counsel and legal staff, technical
1289	experts, engineers, and other employees, permanent or temporary,
1290	as it may require; may determine the qualifications and fix the
1291	compensation of such persons, firms, or corporations; and may
1292	employ a fiscal agent or agents. However, the authority shall
1293	solicit sealed proposals from at least three persons, firms, or
1294	corporations for the performance of any services as fiscal
1295	agents. The authority may delegate to one or more of its agents
1296	or employees such of its power as it deems necessary to carry
1297	out the purposes of this part, subject always to the supervision
1298	and control of the authority.
1299	(b)  Members of the authority are entitled to receive from
1300	the authority their travel and other necessary expenses incurred
1301	in connection with the business of the authority as provided in
1302	s. 112.061, but they shall draw no salaries or other
1303	compensation.
1304	(c)  The department is not required to grant funds for
1305	startup costs to the authority; however, the governing body of
1306	the county may provide funds for such startup costs.
1307	(d)  The authority shall cooperate with and participate in
1308	any efforts to establish a regional expressway authority.
1309	348.9953  Purposes and powers.-
1310	(1)  The authority may acquire, hold, construct, improve,
1311	maintain, operate, own, and lease in the capacity of lessor the
1312	Osceola County Expressway System and, in the construction of the
1313	system, may construct any extensions, additions, or improvements
1314	to the system or appurtenant facilities, including all necessary
1315	approaches, roads, bridges, and avenues of access, with such
1316	changes, modifications, or revisions of such project as the
1317	authority deems desirable and proper.
1318	(2)  The authority may exercise all powers necessary,
1319	appurtenant, convenient, or incidental to the carrying out of
1320	its purposes, including, but not limited to, the following
1321	rights and powers:
1322	(a)  To sue and be sued, implead and be impleaded, and
1323	complain and defend in all courts.
1324	(b)  To adopt, use, and alter at will a corporate seal.
1325	(c)  To acquire by donation, purchase, or otherwise and
1326	hold, lease as lessee, and use any franchise or property, real,
1327	personal, or mixed, tangible or intangible, or any options
1328	thereof, in its own name or in conjunction with others, or
1329	interest therein, necessary or desirable for carrying out the
1330	purposes of the authority and to sell, lease as lessor,
1331	transfer, and dispose of any property or interest therein at any
1332	time acquired by it.
1333	(d)  To enter into lease agreements for terms not exceeding
1334	40 years as either lessee or lessor to carry out the right to
1335	lease as set forth in this part.
1336	(e)  To enter into lease-purchase agreements with the
1337	department for terms not exceeding 40 years, or until any bonds
1338	secured by a pledge of rentals thereunder and any refundings
1339	thereof are fully paid as to both principal and interest,
1340	whichever is longer.
1341	(f)  To fix, alter, charge, establish, and collect rates,
1342	fees, rentals, and other charges for the services and facilities
1343	of the system, which rates, fees, rentals, and other charges
1344	must always be sufficient to comply with any covenants made with
1345	the holders of any bonds issued pursuant to this part; however,
1346	such right and power may be assigned or delegated by the
1347	authority to the department.
1348	(g)  To borrow money and make and issue negotiable notes,
1349	bonds, refunding bonds, and other evidences of indebtedness or
1350	obligations, either in temporary or definitive form, hereinafter
1351	in this part sometimes called "bonds" of the authority, for the
1352	purpose of financing all or part of the improvement or extension
1353	of the system and appurtenant facilities, including all
1354	approaches, streets, roads, bridges, and avenues of access for
1355	the system and for any other purpose authorized by this part,
1356	such bonds to mature no more than 40 years after the date of the
1357	issuance thereof, and to secure the payment of such bonds or any
1358	part thereof by a pledge of any or all of its revenues, rates,
1359	fees, rentals, or other charges, including all or any portion of
1360	the Osceola County gasoline tax funds received by the authority
1361	pursuant to the terms of any lease-purchase agreement between
1362	the authority and the department; and, in general, to provide
1363	for the security of such bonds and the rights and remedies of
1364	the holders thereof. However, no portion of the Osceola County
1365	gasoline tax funds shall be pledged for the construction of any
1366	project for which a toll is to be charged unless the anticipated
1367	tolls are reasonably estimated by the board of county
1368	commissioners, at the date of its resolution pledging such
1369	funds, to be sufficient to cover the principal and interest of
1370	such obligations during the period when such pledge of funds
1371	shall be in effect.
1372	1.  The authority shall reimburse Osceola County for any
1373	sums expended from such gasoline tax funds used for the payment
1374	of such obligations. Any gasoline tax funds so disbursed shall
1375	be repaid when the authority deems it practicable, together with
1376	interest at the highest rate applicable to any obligations of
1377	the authority.
1378	2.  If the authority decides to fund or refund any bonds
1379	issued by the authority or by the commission prior to their
1380	maturity, the proceeds of such funding or refunding bonds must,
1381	pending the prior redemption of the bonds to be funded or
1382	refunded, be invested in direct obligations of the United
1383	States. Such outstanding bonds may be funded or refunded by the
1384	issuance of bonds pursuant to this part.
1385	(h)  To make contracts of every name and nature, including,
1386	but not limited to, partnerships providing for participation in
1387	ownership and revenues, and to execute all instruments necessary
1388	or convenient for the carrying on of its business.
1389	(i)  Without limitation of the foregoing, to borrow money
1390	and accept grants from and to enter into contracts, leases, or
1391	other transactions with any federal agency, the state, any
1392	agency of the state, Osceola County, or any other public body of
1393	the state.
1394	(j)  To have the power of eminent domain, including the
1395	procedural powers granted under chapters 73 and 74.
1396	(k)  To pledge, hypothecate, or otherwise encumber all or
1397	any part of the revenues, rates, fees, rentals, or other charges
1398	or receipts of the authority, including all or any portion of
1399	the Osceola County gasoline tax funds received by the authority
1400	pursuant to the terms of any lease-purchase agreement between
1401	the authority and the department, as security for all or any of
1402	the obligations of the authority.
1403	(l)  To enter into partnerships and other agreements
1404	respecting ownership and revenue participation in order to
1405	facilitate financing and constructing any project or portions
1406	thereof.
1407	(m)  To participate in developer agreements or to receive
1408	developer contributions.
1409	(n)  To contract with Osceola County for the operation of a
1410	toll facility within the county.
1411	(o)  To do all acts and things necessary or convenient for
1412	the conduct of its business and the general welfare of the
1413	authority in order to carry out the powers granted to it by this
1414	part or any other law.
1415	(p)  With the consent of the county within the jurisdiction
1416	of which the following activities occur, to construct, operate,
1417	and maintain roads, bridges, avenues of access, thoroughfares,
1418	and boulevards outside the jurisdictional boundaries of Osceola
1419	County, and to construct, repair, replace, operate, install, and
1420	maintain electronic toll payment systems thereon, with all
1421	necessary and incidental powers to accomplish the foregoing.
1422	(q)  To enter into an interlocal agreement with the
1423	Orlando-Orange County Expressway Authority to coordinate and
1424	plan for projects in order to avoid any negative impacts on
1425	either authority.
1426	(3)  The authority shall not, at any time or in any manner,
1427	pledge the credit or taxing power of the state or any political
1428	subdivision or agency thereof, including Osceola County, nor
1429	shall the authority's obligations be deemed to be an obligation
1430	of the state or of any political subdivision or agency thereof,
1431	nor shall the state or any political subdivision or agency
1432	thereof, except the authority, be liable for the payment of the
1433	principal of or interest on such obligations.
1434	(4)  Notwithstanding any other provision of this part,
1435	acquisition of right-of-way for a project of the authority which
1436	is within the boundaries of any municipality in Osceola County
1437	shall not be initiated unless and until the governing body of
1438	that municipality has approved the route of such project.
1439	(5)  Notwithstanding any other provision of this part,
1440	acquisition of right-of-way for a project of the authority which
1441	is within the unincorporated area of Osceola County shall not be
1442	initiated unless and until the governing body of Osceola County
1443	has approved the route of such project.
1444	(6)  The authority shall not, without the consent of
1445	Osceola County or any affected municipality, enter into any
1446	agreement that would legally prohibit the construction of any
1447	road by Osceola County or by any municipality within Osceola
1448	County.
1449	348.9954  Bond financing authority for improvements.-
1450	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1451	Legislature hereby approves for bond financing by the Osceola
1452	County Expressway Authority improvements to toll collection
1453	facilities, interchanges to the legislatively approved
1454	expressway system, and any other facility appurtenant,
1455	necessary, or incidental to the approved system. Subject to
1456	terms and conditions of applicable revenue bond resolutions and
1457	covenants, such costs may be financed in whole or in part by
1458	revenue bonds issued pursuant to s. 348.9955(1)(a) or (b) or by
1459	a combination of such bonds, whether currently issued or issued
1460	in the future.
1461	348.9955  Bonds of the authority.-
1462	(1)(a)  Bonds may be issued on behalf of the authority
1463	pursuant to the State Bond Act.
1464	(b)  Alternatively, the authority may issue its own bonds
1465	pursuant to this part at such times and in such principal amount
1466	as, in the opinion of the authority, is necessary to provide
1467	sufficient moneys for achieving its purposes; however, such
1468	bonds may not pledge the full faith and credit of the state.
1469	Bonds issued by the authority pursuant to this paragraph or
1470	paragraph (a), whether on original issuance or on refunding,
1471	shall be authorized by resolution of the members thereof and may
1472	be either term or serial bonds, shall bear such date or dates,
1473	mature at such time or times, not exceeding 40 years from their
1474	respective dates, bear interest at such rate or rates, payable
1475	semiannually, be in such denominations, be in such form, either
1476	coupon or fully registered, shall carry such registration,
1477	exchangeability, and interchangeability privileges, be payable
1478	in such medium of payment and at such place or places, be
1479	subject to such terms of redemption, and be entitled to such
1480	priorities on the revenues, rates, fees, rentals, or other
1481	charges or receipts of the authority, including the Osceola
1482	County gasoline tax funds received by the authority pursuant to
1483	the terms of any lease-purchase agreement between the authority
1484	and the department, as such resolution or any resolution
1485	subsequent thereto may provide. The bonds shall be executed
1486	either by manual or facsimile signature by such officers as the
1487	authority shall determine, provided that such bonds shall bear
1488	at least one signature which is manually executed thereon, and
1489	the coupons attached to such bonds shall bear the facsimile
1490	signature or signatures of such officer or officers as shall be
1491	designated by the authority and shall have the seal of the
1492	authority affixed, imprinted, reproduced, or lithographed
1493	thereon, all as may be prescribed in such resolution or
1494	resolutions.
1495	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1496	(b) shall be sold at public sale in the same manner provided by
1497	the State Bond Act. However, if the authority shall, by official
1498	action at a public meeting, determine that a negotiated sale of
1499	such bonds is in the best interest of the authority, the
1500	authority may negotiate the sale of such bonds with the
1501	underwriter designated by the authority and the Division of Bond
1502	Finance of the State Board of Administration with respect to
1503	bonds issued pursuant to paragraph (a) or solely the authority
1504	with respect to bonds issued pursuant to paragraph (b). The
1505	authority's determination to negotiate the sale of such bonds
1506	may be based, in part, upon the written advice of the
1507	authority's financial adviser. Pending the preparation of
1508	definitive bonds, interim certificates may be issued to the
1509	purchaser or purchasers of such bonds and may contain such terms
1510	and conditions as the authority may determine.
1511	(d)  The authority may issue bonds pursuant to paragraph
1512	(b) to refund any bonds previously issued regardless of whether
1513	the bonds being refunded were issued by the authority pursuant
1514	to this part or on behalf of the authority pursuant to the State
1515	Bond Act.
1516	(2)  Any such resolution or resolutions authorizing any
1517	bonds under this part may contain provisions which shall be part
1518	of the contract with the holders of such bonds, as to:
1519	(a)  The pledging of all or any part of the revenues,
1520	rates, fees, rentals, including all or any portion of the
1521	Osceola County gasoline tax funds received by the authority
1522	pursuant to the terms of any lease-purchase agreement between
1523	the authority and the department, or any part thereof, or other
1524	charges or receipts of the authority, derived by the authority,
1525	from the Osceola County Expressway System.
1526	(b)  The completion, improvement, operation, extension,
1527	maintenance, repair, lease, or lease-purchase agreement of the
1528	system and the duties of the authority and others, including the
1529	department, with reference thereto.
1530	(c)  Limitations on the purposes to which the proceeds of
1531	the bonds, then or thereafter to be issued, or of any loan or
1532	grant by the United States or the state may be applied.
1533	(d)  The fixing, charging, establishing, and collecting of
1534	rates, fees, rentals, or other charges for use of the services
1535	and facilities of the Osceola County Expressway System or any
1536	part thereof.
1537	(e)  The setting aside of reserves or sinking funds or
1538	repair and replacement funds and the regulation and disposition
1539	thereof.
1540	(f)  Limitations on the issuance of additional bonds.
1541	(g)  The terms and provisions of any lease-purchase
1542	agreement, deed of trust, or indenture securing the bonds or
1543	under which the bonds may be issued.
1544	(h)  Any other or additional agreements with the holders of
1545	the bonds which the authority may deem desirable and proper.
1546	(3)  The authority may employ fiscal agents as provided by
1547	this part, or the State Board of Administration may, upon
1548	request of the authority, act as fiscal agent for the authority
1549	in the issuance of any bonds that may be issued pursuant to this
1550	part. The State Board of Administration may, upon request of the
1551	authority, take over the management, control, administration,
1552	custody, and payment of any or all debt services or funds or
1553	assets now or hereafter available for any bonds issued pursuant
1554	to this part. The authority may enter into any deeds of trust,
1555	indentures, or other agreements with its fiscal agent or with
1556	any bank or trust company within or without the state as
1557	security for such bonds and may, under such agreements, sign and
1558	pledge all or any of the revenues, rates, fees, rentals, or
1559	other charges or receipts of the authority, including all or any
1560	portion of the Osceola County gasoline tax funds received by the
1561	authority pursuant to the terms of any lease-purchase agreement
1562	between the authority and the department, thereunder. Such deed
1563	of trust, indenture, or other agreement may contain such
1564	provisions as are customary in such instruments or, as the
1565	authority may authorize, including, but without limitation,
1566	provisions as to:
1567	(a)  The completion, improvement, operation, extension,
1568	maintenance, repair, and lease of or lease-purchase agreement
1569	relating to the Osceola County Expressway System and the duties
1570	of the authority and others, including the department, with
1571	reference thereto.
1572	(b)  The application of funds and the safeguarding of funds
1573	on hand or on deposit.
1574	(c)  The rights and remedies of the trustee and the holders
1575	of the bonds.
1576	(d)  The terms and provisions of the bonds or the
1577	resolutions authorizing the issuance of the bonds.
1578	(4)  Any of the bonds issued pursuant to this part are, and
1579	are declared to be, negotiable instruments and shall have all
1580	the qualities and incidents of negotiable instruments under the
1581	law merchant and the negotiable instruments law of the state.
1582	(5)  Notwithstanding any of the provisions of this part,
1583	each project, building, or facility which has been financed by
1584	the issuance of bonds or other evidence of indebtedness under
1585	this part and any refinancing thereof is hereby approved as
1586	provided for in s. 11(f), Art. VII of the State Constitution.
1587	348.9956  Remedies of the bondholders.-
1588	(1)  The rights and remedies conferred by this part upon or
1589	granted to the bondholders shall be in addition to and not in
1590	limitation of any rights and remedies lawfully granted to such
1591	bondholders by the resolution or resolutions providing for the
1592	issuance of bonds or by a lease-purchase agreement, deed of
1593	trust, indenture, or other agreement under which the bonds may
1594	be issued or secured. If the authority defaults in the payment
1595	of the principal of or interest on any of the bonds issued under
1596	this part after such principal of or interest on such bonds
1597	becomes due, whether at maturity or upon call for redemption, or
1598	if the department defaults in any payments under or covenants
1599	made in any lease-purchase agreement between the authority and
1600	the department, and such default continues for a period of 30
1601	days, or if the authority or the department fails or refuses to
1602	comply with this part or any agreement made with or for the
1603	benefit of the holders of the bonds, the holders of 25 percent
1604	in aggregate principal amount of the bonds then outstanding
1605	shall be entitled as of right to the appointment of a trustee to
1606	represent such bondholders for the purposes hereof; provided,
1607	however, that such holders of 25 percent in aggregate principal
1608	amount of the bonds then outstanding have first given notice to
1609	the authority and to the department of their intention to
1610	appoint a trustee. Such notice shall be deemed to have been
1611	given if given in writing, deposited in a securely sealed
1612	postpaid wrapper, mailed at a regularly maintained United States
1613	post office box or station, and addressed, respectively, to the
1614	chair of the authority and to the Secretary of Transportation at
1615	the principal office of the department.
1616	(2)  Such trustee and any trustee under any deed of trust,
1617	indenture, or other agreement may, and upon written request of
1618	the holders of 25 percent or such other percentages as may be
1619	specified in any deed of trust, indenture, or other agreement
1620	aforesaid in principal amount of the bonds then outstanding
1621	shall, in any court of competent jurisdiction in his, her, or
1622	its own name:
1623	(a)  By mandamus or other suit, action, or proceeding at
1624	law or in equity, enforce all rights of the bondholders,
1625	including the right to require the authority to fix, establish,
1626	maintain, collect, and charge rates, fees, rentals, and other
1627	charges adequate to carry out any agreement as to or pledge of
1628	the revenues or receipts of the authority, to carry out any
1629	other covenants and agreements with or for the benefit of the
1630	bondholders, and to perform its and their duties under this
1631	part.
1632	(b)  By mandamus or other suit, action, or proceeding at
1633	law or in equity, enforce all rights of the bondholders under or
1634	pursuant to any lease-purchase agreement between the authority
1635	and the department, including the right to require the
1636	department to make all rental payments required to be made by it
1637	under the provisions of any such lease-purchase agreement,
1638	whether from the Osceola County gasoline tax funds or other
1639	funds of the department so agreed to be paid, and to require the
1640	department to carry out any other covenants and agreements with
1641	or for the benefit of the bondholders and to perform its and
1642	their duties under this part.
1643	(c)  Bring suit upon the bonds.
1644	(d)  By action or suit in equity, require the authority or
1645	the department to account as if it were the trustee of an
1646	express trust for the bondholders.
1647	(e)  By action or suit in equity, enjoin any acts or things
1648	which may be unlawful or in violation of the rights of the
1649	bondholders.
1650	(3)  Whether or not all bonds have been declared due and
1651	payable, any trustee, when appointed under this section or
1652	acting under a deed of trust, indenture, or other agreement,
1653	shall be entitled as of right to the appointment of a receiver
1654	who may enter upon and take possession of the Osceola County
1655	Expressway System or the facilities or any part or parts
1656	thereof, the rates, fees, rentals, or other revenues, charges,
1657	or receipts from which are or may be applicable to the payment
1658	of the bonds so in default; and, subject to and in compliance
1659	with the provisions of any lease-purchase agreement between the
1660	authority and the department, operate and maintain the same for
1661	and on behalf and in the name of the authority, the department,
1662	and the bondholders; and collect and receive all rates, fees,
1663	rentals, and other charges or receipts or revenues arising
1664	therefrom in the same manner as the authority or the department
1665	might do; and shall deposit all such moneys in a separate
1666	account and apply the same in such manner as the court shall
1667	direct. In any suit, action, or proceeding by the trustee, the
1668	fees, counsel fees, and expenses of the trustee and such
1669	receiver, if any, and all costs and disbursements allowed by the
1670	court shall be a first charge on any rates, fees, rentals, or
1671	other charges, revenues, or receipts derived from the Osceola
1672	County Expressway System or the facilities or services or any
1673	part or parts thereof, including payments under any such lease-
1674	purchase agreement as aforesaid which such rates, fees, rentals,
1675	or other charges, revenues, or receipts shall or may be
1676	applicable to the payment of the bonds so in default. Such
1677	trustee shall also have and possess all of the powers necessary
1678	or appropriate for the exercise of any functions specifically
1679	set forth in this part or incident to the representation of the
1680	bondholders in the enforcement and protection of their rights.
1681	(4)  Nothing in this section or any other section of this
1682	part authorizes any receiver appointed pursuant to this part for
1683	the purpose, subject to and in compliance with the provisions of
1684	any lease-purchase agreement between the authority and the
1685	department, of operating and maintaining the Osceola County
1686	Expressway System or any facilities or part or parts thereof to
1687	sell, assign, mortgage, or otherwise dispose of any of the
1688	assets of whatever kind and character belonging to the
1689	authority. It is the intention of this part to limit the powers
1690	of such receiver, subject to and in compliance with the
1691	provisions of any lease-purchase agreement between the authority
1692	and the department, to the operation and maintenance of the
1693	Osceola County Expressway System or any facility or part or
1694	parts thereof, as the court may direct, in the name and for and
1695	on behalf of the authority, the department, and the bondholders.
1696	No holder of bonds of the authority or any trustee shall ever
1697	have the right in any suit, action, or proceeding at law or in
1698	equity to compel a receiver, nor shall any receiver be
1699	authorized or any court be empowered to direct the receiver, to
1700	sell, assign, mortgage, or otherwise dispose of any assets of
1701	whatever kind or character belonging to the authority.
1702	348.9957  Lease-purchase agreement.-
1703	(1)  In order to effectuate the purposes of this part and
1704	as authorized by this part, the authority may enter into a
1705	lease-purchase agreement with the department relating to and
1706	covering the system.
1707	(2)  Such lease-purchase agreement shall provide for the
1708	leasing of the system by the authority as lessor to the
1709	department as lessee, shall prescribe the term of such lease and
1710	the rentals to be paid under the lease, and shall provide that,
1711	upon the completion of the faithful performance under and
1712	termination of the agreement, title in fee simple absolute to
1713	the system as then constituted shall be transferred in
1714	accordance with law by the authority to the state and the
1715	authority shall deliver to the department such deeds and
1716	conveyances as are necessary or convenient to vest title in fee
1717	simple absolute in the state.
1718	(3)  Such lease-purchase agreement may include such other
1719	provisions, agreements, and covenants as the authority and the
1720	department deem advisable or required, including, but not
1721	limited to, provisions as to the bonds to be issued under and
1722	for the purposes of this part; the completion, extension,
1723	improvement, operation, and maintenance of the system; the
1724	expenses and the cost of operation of the authority; the
1725	charging and collection of tolls, rates, fees, and other charges
1726	for the use of the services and facilities of the system; the
1727	application of federal or state grants or aid which may be made
1728	or given to assist the authority in the completion, extension,
1729	improvement, operation, and maintenance of the system, which the
1730	authority may accept and apply to such purposes; the enforcement
1731	of payment and collection of rentals; and any other terms,
1732	provisions, or covenants necessary, incidental, or appurtenant
1733	to the making of and full performance under the agreement.
1734	(4)  The department as lessee under such lease-purchase
1735	agreement is authorized to pay as rentals thereunder any rates,
1736	fees, charges, funds, moneys, receipts, or income accruing to
1737	the department from the operation of the system and the Osceola
1738	County gasoline tax funds and may also pay as rentals any
1739	appropriations received by the department pursuant to any act of
1740	the Legislature. However, nothing in this part or in such lease-
1741	purchase agreement shall require the making or continuance of
1742	such appropriations, nor shall any holder of bonds issued
1743	pursuant to this part have any right to compel the making or
1744	continuance of such appropriations.
1745	(5)  A pledge of Osceola County gasoline tax funds as
1746	rentals under such lease-purchase agreement shall not be made
1747	without the consent of Osceola County evidenced by a resolution
1748	duly adopted by the board of county commissioners of the county
1749	at a public hearing held pursuant to due notice thereof
1750	published at least once a week for 3 consecutive weeks before
1751	the hearing in a newspaper of general circulation in Osceola
1752	County. In addition to other provisions, the resolution must
1753	provide that any excess of such pledged gasoline tax funds which
1754	is not required for debt service or reserves for such debt
1755	service for any bonds issued by the authority shall be returned
1756	annually to the department for distribution to Osceola County as
1757	provided by law. Before making any application for such pledge
1758	of gasoline tax funds, the authority shall present the plan of
1759	its proposed project to the Osceola County Planning and Zoning
1760	Commission for its comments and recommendations.
1761	(6)  The department may covenant in any lease-purchase
1762	agreement that it will pay, from sources other than the revenues
1763	derived from the operation of the system and Osceola County
1764	gasoline tax funds, all or any part of the cost of the
1765	operation, maintenance, repair, renewal, and replacement of the
1766	system and any part of the cost of completing the system to the
1767	extent that the proceeds of bonds issued therefor are
1768	insufficient. The department may also agree to make such other
1769	payments from any moneys available to the county in connection
1770	with the construction or completion of the system as the
1771	department deems to be fair and proper under such covenants.
1772	(7)  The system shall be a part of the state road system,
1773	and the department may, upon the request of the authority,
1774	expend moneys from funds available for such purposes and use its
1775	engineering and other forces as it deems necessary and desirable
1776	for the operation of the authority and for traffic surveys,
1777	borings, surveys, preparation of plans and specifications,
1778	estimates of cost, and other preliminary engineering and other
1779	studies; however, the aggregate amount of moneys expended for
1780	such purposes by the department must not exceed $375,000.
1781	348.9958  Department may be appointed agent of authority
1782	for construction.-The authority may appoint the department as
1783	its agent for the purpose of constructing improvements and
1784	extensions to and the completion of the system. In such event,
1785	the authority shall provide the department with complete copies
1786	of all documents, agreements, resolutions, contracts, and
1787	instruments relating to the system; shall request the department
1788	to do such construction work, including the planning, surveying,
1789	and actual construction of the completion, extensions, and
1790	improvements to the system; and shall transfer to the credit of
1791	an account of the department in the treasury of the state the
1792	necessary funds for such purpose. After such appointment and
1793	receipt of funds, the department is authorized, empowered, and
1794	directed to proceed with such construction and to use the funds
1795	for such purpose in the same manner as it is authorized to use
1796	funds otherwise provided to it by law for the construction of
1797	roads and bridges.
1798	348.9959  Acquisition of lands and property.-
1799	(1)  For the purposes of this part, the authority may
1800	acquire, by gift, devise, purchase, or condemnation by eminent
1801	domain proceedings, private or public property and property
1802	rights, including rights of access, air, view, and light, as the
1803	authority may deem necessary for any of the purposes of this
1804	part, including, but not limited to, any lands reasonably
1805	necessary for securing applicable permits, areas necessary for
1806	management of access, borrow pits, drainage ditches, water
1807	retention areas, rest areas, replacement access for landowners
1808	whose access is impaired due to the construction of a facility,
1809	and replacement rights-of-way for relocated rail and utility
1810	facilities; for existing, proposed, or anticipated
1811	transportation facilities on the system or in a transportation
1812	corridor designated by the authority; or for the purposes of
1813	screening, relocation, removal, or disposal of junkyards and
1814	scrap metal processing facilities. The authority may condemn any
1815	material and property necessary for such purposes.
1816	(2)  The right of eminent domain conferred in this part
1817	shall be exercised by the authority in the manner provided by
1818	law.
1819	(3)  When the authority acquires property for a
1820	transportation facility or in a transportation corridor, the
1821	authority is not subject to any liability imposed by chapter 376
1822	or chapter 403 for preexisting soil or groundwater contamination
1823	due solely to its ownership of the property. This section does
1824	not affect the rights or liabilities of any past or future
1825	owners of the acquired property and does not affect the
1826	liability of any governmental entity for the results of its
1827	actions which create or exacerbate a pollution source. The
1828	authority and the Department of Environmental Protection may
1829	enter into interagency agreements for the performance, funding,
1830	and reimbursement of the investigative and remedial acts
1831	necessary for property acquired by the authority.
1832	348.9960  Cooperation with other units, boards, agencies,
1833	and individuals.-Any county, municipality, drainage district,
1834	road and bridge district, school district, or other political
1835	subdivision, board, commission, or individual in or of the state
1836	may make and enter into any contract, lease, conveyance,
1837	partnership, or other agreement with the authority within the
1838	provisions and for purposes of this part; and the authority may
1839	make and enter into any contract, lease, conveyance,
1840	partnership, or other agreement with any political subdivision,
1841	agency, or instrumentality of the state or any federal agency,
1842	corporation, or individual for the purpose of carrying out the
1843	provisions of this part.
1844	348.9961  Covenant of the state.-The state does hereby
1845	pledge to and agrees with any person, firm, or corporation or
1846	federal or state agency subscribing to or acquiring the bonds to
1847	be issued by the authority for the purposes of this part that
1848	the state will not limit or alter the rights hereby vested in
1849	the authority and the department until all bonds at any time
1850	issued together with the interest thereon are fully paid and
1851	discharged insofar as the same affects the rights of the holders
1852	of bonds issued hereunder. The state does further pledge to and
1853	agree with the United States that in the event any federal
1854	agency shall construct or contribute any funds for the
1855	completion, extension, or improvement of the Osceola County
1856	Expressway System, or any part or portion thereof, the state
1857	will not alter or limit the rights and powers of the authority
1858	and the department in any manner which would be inconsistent
1859	with the continued maintenance and operation of the Osceola
1860	County Expressway System or the completion, extension, or
1861	improvement thereof or which would be inconsistent with the due
1862	performance of any agreements between the authority and any such
1863	federal agency. The authority and the department shall continue
1864	to have and may exercise all powers herein granted so long as
1865	the same shall be necessary or desirable for the carrying out of
1866	the purposes of this part and the purposes of the United States
1867	in the completion, extension, or improvement of the Osceola
1868	County Expressway System or any part or portion thereof.
1869	348.9962  Exemption from taxation.-The effectuation of the
1870	authorized purposes of the authority created under this part is
1871	and shall be in all respects for the benefit of the people of
1872	the state, for the increase of their commerce and prosperity,
1873	and for the improvement of their health and living conditions;
1874	and, since the authority will be performing essential
1875	governmental functions in effectuating such purposes, the
1876	authority is not required to pay any taxes or assessments of any
1877	kind or nature whatsoever upon any property acquired or used by
1878	it for such purposes or upon any rates, fees, rentals, receipts,
1879	income, or charges at any time received by it; and the bonds
1880	issued by the authority, their transfer, and the income
1881	therefrom, including any profits made on the sale thereof, shall
1882	at all times be free from taxation of any kind by the state or
1883	by any political subdivision or taxing agency or instrumentality
1884	thereof. This section does not apply to any tax imposed by
1885	chapter 220 on interest, income, or profits on debt obligations
1886	owned by corporations.
1887	348.9963  Eligibility for investments and security.-Any
1888	bonds or other obligations issued pursuant to this part shall be
1889	and constitute legal investments for banks, savings banks,
1890	trustees, executors, administrators, and all other fiduciaries
1891	and for all state, municipal, and other public funds and shall
1892	also be and constitute securities eligible for deposit as
1893	security for all state, municipal, or other public funds,
1894	notwithstanding the provisions of any other law or laws to the
1895	contrary.
1896	348.9964  Pledges enforceable by bondholders.-It is the
1897	express intention of this part that any pledge by the department
1898	of rates, fees, revenues, Osceola County gasoline tax funds, or
1899	other funds, as rentals, to the authority, or any covenants or
1900	agreements relative thereto, may be enforceable in any court of
1901	competent jurisdiction against the authority or directly against
1902	the department by any holder of bonds issued by the authority.
1903	348.9965  This part complete and additional authority.-
1904	(1)  The powers conferred by this part are in addition and
1905	supplemental to the existing powers of the State Board of
1906	Administration and the department, and this part does not repeal
1907	any provision of any other law, general, special, or local, but
1908	supersedes such a provision to the extent of any conflict in the
1909	exercise of the powers provided in this part and to provide a
1910	complete method for the exercise of the powers granted in this
1911	part. The extension and improvement of the system and the
1912	issuance of bonds under this part to finance all or part of the
1913	cost of the system may be accomplished upon compliance with the
1914	provisions of this part without regard to or necessity for
1915	compliance with the provisions, limitations, or restrictions
1916	contained in any other general, special, or local law,
1917	including, but not limited to, s. 215.821. The issuance of bonds
1918	pursuant to this part does not require approval by the qualified
1919	electors or qualified electors who are freeholders in the state
1920	or in Osceola County or in any other political subdivision of
1921	the state.
1922	(2)  This part does not repeal, rescind, or modify the
1923	Osceola County Charter and does not repeal, rescind, or modify
1924	any other law relating to the department, the State Board of
1925	Administration, or the Division of Bond Finance of the State
1926	Board of Administration but supersedes any such law to the
1927	extent of any conflict with this part, including, but not
1928	limited to, s. 215.821.
1929	348.9966  Osceola County auditor.-In addition to other
1930	financial requirements provided by this part or by general law,
1931	the Office of the Osceola County Commission Auditor as created
1932	in Article II, section 2.3 of the Osceola County Home Rule
1933	Charter may conduct financial and compliance, economy and
1934	efficiency, and performance audits of the authority with written
1935	reports to be submitted to the authority and the governing body
1936	of Osceola County.
1937	348.9967  Automatic dissolution.-If, prior to January 1,
1938	2020, the authority has not encumbered any funds to further its
1939	purposes and powers as authorized in s. 348.9953 to establish
1940	the system, the authority is dissolved.
1941	Section 25.  Subsection (2) of section 373.41492, Florida
1942	Statutes, is amended to read:
1943	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1944	mitigation for mining activities within the Miami-Dade County
1945	Lake Belt.-
1946	(2)  To provide for the mitigation of wetland resources
1947	lost to mining activities within the Miami-Dade County Lake Belt
1948	Plan, effective October 1, 1999, a mitigation fee is imposed on
1949	each ton of limerock and sand extracted by any person who
1950	engages in the business of extracting limerock or sand from
1951	within the Miami-Dade County Lake Belt Area and the east one-
1952	half of sections 24 and 25 and all of sections 35 and 36,
1953	Township 53 South, Range 39 East. The mitigation fee is imposed
1954	for each ton of limerock and sand sold from within the
1955	properties where the fee applies in raw, processed, or
1956	manufactured form, including, but not limited to, sized
1957	aggregate, asphalt, cement, concrete, and other limerock and
1958	concrete products. The mitigation fee imposed by this subsection
1959	for each ton of limerock and sand sold shall be 12 cents per ton
1960	beginning January 1, 2007; 18 cents per ton beginning January 1,
1961	2008; and 24 cents per ton beginning January 1, 2009; and 45
1962	cents per ton beginning December 31, 2011. To upgrade a water
1963	treatment plant that treats water coming from the Northwest
1964	Wellfield in Miami-Dade County, a water treatment plant upgrade
1965	fee is imposed within the same Lake Belt Area subject to the
1966	mitigation fee and upon the same kind of mined limerock and sand
1967	subject to the mitigation fee. The water treatment plant upgrade
1968	fee imposed by this subsection for each ton of limerock and sand
1969	sold shall be 15 cents per ton beginning on January 1, 2007, and
1970	the collection of this fee shall cease once the total amount of
1971	proceeds collected for this fee reaches the amount of the actual
1972	moneys necessary to design and construct the water treatment
1973	plant upgrade, as determined in an open, public solicitation
1974	process. Any limerock or sand that is used within the mine from
1975	which the limerock or sand is extracted is exempt from the fees.
1976	The amount of the mitigation fee and the water treatment plant
1977	upgrade fee imposed under this section must be stated separately
1978	on the invoice provided to the purchaser of the limerock or sand
1979	product from the limerock or sand miner, or its subsidiary or
1980	affiliate, for which the fee or fees apply. The limerock or sand
1981	miner, or its subsidiary or affiliate, who sells the limerock or
1982	sand product shall collect the mitigation fee and the water
1983	treatment plant upgrade fee and forward the proceeds of the fees
1984	to the Department of Revenue on or before the 20th day of the
1985	month following the calendar month in which the sale occurs.
1986	Section 26.  Subsection (1) of section 403.4131, Florida
1987	Statutes, is amended to read:
1988	403.4131  Litter control.-
1989	(1)  The Department of Transportation shall establish an
1990	"adopt-a-highway" program to allow local organizations to be
1991	identified with specific highway cleanup and highway
1992	beautification projects authorized under s. 339.2405. The
1993	department shall report to the Governor and the Legislature on
1994	the progress achieved and the savings incurred by the "adopt-a-
1995	highway" program. The department shall also monitor and report
1996	on compliance with the provisions of the adopt-a-highway program
1997	to ensure that organizations participating that participate in
1998	the program comply with the goals identified by the department.
1999	Section 27.  Section 479.01, Florida Statutes, is amended
2000	to read:
2001	479.01  Definitions.-As used in this chapter, the term:
2002	(1)  "Allowable uses" means those uses that are authorized
2003	within a zoning category without the requirement to obtain a
2004	variance or waiver. The term includes conditional uses and those
2005	allowed by special exception, but does not include uses that are
2006	accessory, incidental to the allowable uses, or allowed only on
2007	a temporary basis.
2008	(2)(1)  "Automatic changeable facing" means a facing that
2009	is capable of delivering two or more advertising messages
2010	through an automated or remotely controlled process.
2011	(3)(2)  "Business of outdoor advertising" means the
2012	business of constructing, erecting, operating, using,
2013	maintaining, leasing, or selling outdoor advertising structures,
2014	outdoor advertising signs, or outdoor advertisements.
2015	(4)(3)  "Commercial or industrial zone" means a parcel of
2016	land designated for commercial or industrial use under both the
2017	future land use map of the comprehensive plan and the land use
2018	development regulations adopted pursuant to chapter 163. If a
2019	parcel is located in an area designated for multiple uses on the
2020	future land use map of a comprehensive plan and the zoning
2021	category of the land development regulations does do not
2022	specifically clearly designate that parcel for commercial or
2023	industrial uses a specific use, the area will be considered an
2024	unzoned commercial or industrial area if it meets the criteria
2025	of subsection (26) (23).
2026	(5)  "Commercial use" means activities associated with the
2027	sale, rental, or distribution of products or the performance of
2028	services. The term includes, without limitation, such uses or
2029	activities as retail sales; wholesale sales; rentals of
2030	equipment, goods, or products; offices; restaurants; food
2031	service vendors; sports arenas; theaters; and tourist
2032	attractions.
2033	(6)(4)  "Controlled area" means shall mean 660 feet or less
2034	from the nearest edge of the right-of-way of any portion of the
2035	State Highway System, interstate, or federal-aid primary system
2036	and beyond 660 feet of the nearest edge of the right-of-way of
2037	any portion of the State Highway System, interstate, or federal-
2038	aid primary system outside an urban area.
2039	(7)(5)  "Department" means the Department of
2040	Transportation.
2041	(8)(6)  "Erect" means to construct, build, raise, assemble,
2042	place, affix, attach, create, paint, draw, or in any other way
2043	bring into being or establish; but it does not include any of
2044	the foregoing activities when performed as an incident to the
2045	change of advertising message or customary maintenance or repair
2046	of a sign.
2047	(9)(7)  "Federal-aid primary highway system" means the
2048	existing, unbuilt, or unopened system of highways or portions
2049	thereof, which shall include the National Highway System,
2050	designated as the federal-aid primary highway system by the
2051	department.
2052	(10)(8)  "Highway" means any road, street, or other way
2053	open or intended to be opened to the public for travel by motor
2054	vehicles.
2055	(11)  "Industrial use" means activities associated with the
2056	manufacture, assembly, processing, or storage of products or the
2057	performance of services relating thereto. The term includes,
2058	without limitation, such uses or activities as automobile
2059	manufacturing or repair, boat manufacturing or repair, junk
2060	yards, meat packing facilities, citrus processing and packing
2061	facilities, produce processing and packing facilities,
2062	electrical generating plants, water treatment plants, sewage
2063	treatment plants, and solid waste disposal sites.
2064	(12)(9)  "Interstate highway system" means the existing,
2065	unbuilt, or unopened system of highways or portions thereof
2066	designated as the national system of interstate and defense
2067	highways by the department.
2068	(13)(10)  "Main-traveled way" means the traveled way of a
2069	highway on which through traffic is carried. In the case of a
2070	divided highway, the traveled way of each of the separate
2071	roadways for traffic in opposite directions is a main-traveled
2072	way. It does not include such facilities as frontage roads,
2073	turning roadways, or parking areas.
2074	(14)(11)  "Maintain" means to allow to exist.
2075	(15)(12)  "Motorist services directional signs" means signs
2076	providing directional information about goods and services in
2077	the interest of the traveling public where such signs were
2078	lawfully erected and in existence on or before May 6, 1976, and
2079	continue to provide directional information to goods and
2080	services in a defined area.
2081	(16)(13)  "New highway" means the construction of any road,
2082	paved or unpaved, where no road previously existed or the act of
2083	paving any previously unpaved road.
2084	(17)(14)  "Nonconforming sign" means a sign which was
2085	lawfully erected but which does not comply with the land use,
2086	setback, size, spacing, and lighting provisions of state or
2087	local law, rule, regulation, or ordinance passed at a later date
2088	or a sign which was lawfully erected but which later fails to
2089	comply with state or local law, rule, regulation, or ordinance
2090	due to changed conditions.
2091	(18)(15)  "Premises" means all the land areas under
2092	ownership or lease arrangement to the sign owner which are
2093	contiguous to the business conducted on the land except for
2094	instances where such land is a narrow strip contiguous to the
2095	advertised activity or is connected by such narrow strip, the
2096	only viable use of such land is to erect or maintain an
2097	advertising sign. When the sign owner is a municipality or
2098	county, "premises" shall mean all lands owned or leased by such
2099	municipality or county within its jurisdictional boundaries as
2100	set forth by law.
2101	(19)(16)  "Remove" means to disassemble, transport from the
2102	site, and dispose of sign materials by sale or destruction.
2103	(20)(17)  "Sign" means any combination of structure and
2104	message in the form of an outdoor sign, display, device, figure,
2105	painting, drawing, message, placard, poster, billboard,
2106	advertising structure, advertisement, logo, symbol, or other
2107	form, whether placed individually or on a V-type, back-to-back,
2108	side-to-side, stacked, or double-faced display or automatic
2109	changeable facing, designed, intended, or used to advertise or
2110	inform, any part of the advertising message or informative
2111	contents of which is visible from any place on the main-traveled
2112	way. The term does not include an official traffic control sign,
2113	official marker, or specific information panel erected, caused
2114	to be erected, or approved by the department.
2115	(21)(18)  "Sign direction" means that direction from which
2116	the message or informative contents are most visible to oncoming
2117	traffic on the main-traveled way.
2118	(22)(19)  "Sign face" means the part of the sign, including
2119	trim and background, which contains the message or informative
2120	contents.
2121	(23)(20)  "Sign facing" includes all sign faces and
2122	automatic changeable faces displayed at the same location and
2123	facing the same direction.
2124	(24)(21)  "Sign structure" means all the interrelated parts
2125	and material, such as beams, poles, and stringers, which are
2126	constructed for the purpose of supporting or displaying a
2127	message or informative contents.
2128	(25)(22)  "State Highway System" means the existing,
2129	unbuilt, or unopened system of highways or portions thereof
2130	designated as the State Highway System by the department.
2131	(26)(23)  "Unzoned commercial or industrial area" means a
2132	parcel of land designated by the future land use map of the
2133	comprehensive plan for multiple uses that include commercial or
2134	industrial uses but are not specifically designated for
2135	commercial or industrial uses under the land development
2136	regulations, in which three or more separate and distinct
2137	conforming industrial or commercial activities are located.
2138	(a)  These activities must satisfy the following criteria:
2139	1.  At least one of the commercial or industrial activities
2140	must be located on the same side of the highway and within 800
2141	feet of the sign location;
2142	2.  The commercial or industrial activities must be within
2143	660 feet from the nearest edge of the right-of-way; and
2144	3.  The commercial industrial activities must be within
2145	1,600 feet of each other.
2146
2147	Distances specified in this paragraph must be measured from the
2148	nearest outer edge of the primary building or primary building
2149	complex when the individual units of the complex are connected
2150	by covered walkways.
2151	(b)  Certain activities, including, but not limited to, the
2152	following, may not be so recognized as commercial or industrial
2153	activities:
2154	1.  Signs.
2155	2.  Agricultural, forestry, ranching, grazing, farming, and
2156	related activities, including, but not limited to, wayside fresh
2157	produce stands.
2158	3.  Transient or temporary activities.
2159	4.  Activities not visible from the main-traveled way.
2160	5.  Activities conducted more than 660 feet from the
2161	nearest edge of the right-of-way.
2162	6.  Activities conducted in a building principally used as
2163	a residence.
2164	7.  Railroad tracks and minor sidings.
2165	8.  Communication towers.
2166	(27)(24)  "Urban area" has the same meaning as defined in
2167	s. 334.03(29)(32).
2168	(28)(25)  "Visible commercial or industrial activity" means
2169	a commercial or industrial activity that is capable of being
2170	seen without visual aid by a person of normal visual acuity from
2171	the main-traveled way and that is generally recognizable as
2172	commercial or industrial.
2173	(29)(26)  "Visible sign" means that the advertising message
2174	or informative contents of a sign, whether or not legible, is
2175	capable of being seen without visual aid by a person of normal
2176	visual acuity.
2177	(30)(27)  "Wall mural" means a sign that is a painting or
2178	an artistic work composed of photographs or arrangements of
2179	color and that displays a commercial or noncommercial message,
2180	relies solely on the side of the building for rigid structural
2181	support, and is painted on the building or depicted on vinyl,
2182	fabric, or other similarly flexible material that is held in
2183	place flush or flat against the surface of the building. The
2184	term excludes a painting or work placed on a structure that is
2185	erected for the sole or primary purpose of signage.
2186	(31)  "Zoning category" means the designation under the
2187	Land Development Regulations (LDR) or other similar ordinance
2188	enacted to regulate the use of land as provided in s.
2189	163.3202(2)(b), which designation sets forth the allowable uses,
2190	restrictions, and limitations on use applicable to properties
2191	within the category.
2192	Section 28.  Sections 479.01, 479.015, 479.02, 479.03,
2193	479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2194	479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2195	479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2196	are designated as part I of chapter 479, Florida Statutes, and
2197	entitled "General Provisions."
2198	Section 29.  Sections 479.261, 479.262, 479.27, 479.28, and
2199	479.30, Florida Statutes, are designated as part II of chapter
2200	479, Florida Statutes, and entitled "Special Programs."
2201	Section 30.  Part III of chapter 479, Florida Statutes,
2202	consisting of sections 479.310, 479.311, 479.312, 479.313, and
2203	479.315, is created to read:
2204	PART III
2205	SIGN REMOVAL
2206	479.310  Unpermitted and illegal signs; intent.-It is the
2207	intent of this part to relieve the department from the financial
2208	burden incurred in the removal of unpermitted and illegal signs
2209	located within the right-of-way of and controlled areas adjacent
2210	to the State Highway System, interstate highway system, and
2211	federal-aid primary highway system; to place the financial
2212	responsibility for the cost of such removal directly upon those
2213	benefiting from the location and operation of such unpermitted
2214	and illegal signs; and to provide clear authority to the
2215	department for the recovery of cost incurred by the department
2216	in the removal of such unpermitted and illegal signs.
2217	479.311  Jurisdiction; venue.-The county court shall have
2218	jurisdiction concurrent with the circuit court to consider
2219	claims filed by the department in amounts which are within their
2220	jurisdictional limitations. For the purposes of a claim filed by
2221	the department to recover its cost as provided in this section,
2222	venue shall be Leon County.
2223	479.312  Unpermitted signs; cost of removal.-All costs
2224	incurred by the department in connection with the removal of a
2225	sign located within a controlled area adjacent to the State
2226	Highway System, interstate highway system, or federal-aid
2227	primary highway system which has not been issued a permit under
2228	part I shall be assessed against and collected from the owner of
2229	the sign, the advertiser displayed on the sign, or the owner of
2230	the property upon which the sign is located. For the purposes of
2231	this section, a sign that does not display the name of the sign
2232	owner shall be presumed to be owned by the owner of the property
2233	upon which the sign is located.
2234	479.313  Permit revocation; cost of removal.-All costs
2235	incurred by the department in connection with the removal of a
2236	sign located within a controlled area adjacent to the State
2237	Highway System, interstate highway system, or federal-aid
2238	primary highway system following the revocation of the permit
2239	for such sign shall be assessed against and collected from the
2240	permittee.
2241	479.315  Highway rights-of way; cost of sign removal.-All
2242	cost incurred by the department in connection with the removal
2243	of a sign located within the right-of-way of the State Highway
2244	System, interstate highway system, or federal-aid primary
2245	highway system shall be assessed against and collected from the
2246	owner of the sign or the advertiser displayed on the sign.
2247	Section 31.  Section 705.18, Florida Statutes, is amended
2248	to read:
2249	705.18  Disposal of personal property lost or abandoned on
2250	university or community college campuses or certain public-use
2251	airports; disposition of proceeds from sale thereof.-
2252	(1)  Whenever any lost or abandoned personal property shall
2253	be found on a campus of an institution in the State University
2254	System or a campus of a state-supported community college, or on
2255	premises owned or controlled by the operator of a public-use
2256	airport having regularly scheduled international passenger
2257	service, the president of the institution or the president's
2258	designee or the director of the airport or the director's
2259	designee shall take charge of the property thereof and make a
2260	record of the date such property was found. If, within 30 days
2261	after such property is found, or a longer period of time as may
2262	be deemed appropriate by the president or the director under the
2263	circumstances, the property it is not claimed by the owner, the
2264	president or director shall order it sold at public outcry after
2265	giving notice of the time and place of sale in a publication of
2266	general circulation on the campus of such institution or within
2267	the county where the airport is located and written notice to
2268	the owner if known. The rightful owner of such property may
2269	reclaim the same at any time prior to sale.
2270	(2)  All moneys realized from such institution's sale shall
2271	be placed in an appropriate fund and used solely for student
2272	scholarship and loan purposes. All moneys realized from such
2273	sale by an airport, less its costs of storage, transportation,
2274	and publication of notice, shall, unless another use is required
2275	by federal law, be deposited into the state school fund.
2276	Section 32.  Section 705.182, Florida Statutes, is created
2277	to read:
2278	705.182  Disposal of personal property found on the
2279	premises of public-use airports.-
2280	(1)  Whenever any personal property, other than an aircraft
2281	or motor vehicle, is found on premises owned or controlled by
2282	the operator of a public-use airport, the director of the
2283	airport or the director's designee shall take charge of the
2284	property and make a record of the date such property was found.
2285	(2)  If, within 30 calendar days after such property is
2286	found or for a longer period of time as may be deemed
2287	appropriate by the director or the director's designee under the
2288	circumstances, the property is not claimed by the owner, the
2289	director or the director's designee may:
2290	(a)  Retain any or all of the property for use by the
2291	airport or for use by the state or the unit of local government
2292	owning or operating the airport;
2293	(b)  Trade such property to another unit of local
2294	government or a state agency;
2295	(c)  Donate the property to a charitable organization;
2296	(d)  Sell the property; or
2297	(e)  Dispose of the property through an appropriate refuse
2298	removal company or a company that provides salvage services for
2299	the type of personal property found or located on the airport
2300	premises.
2301	(3)  The airport shall notify the owner, if known, of the
2302	property found on the airport premises and that the airport
2303	intends to dispose of the property as provided in subsection
2304	(2).
2305	(4)  If the airport elects to sell the property under
2306	paragraph (2)(d), the property must be sold at a public auction
2307	either on the Internet or at a specified physical location after
2308	giving notice of the time and place of sale, at least 10
2309	calendar days prior to the date of sale, in a publication of
2310	general circulation within the county where the airport is
2311	located and after written notice, via certified mail, return
2312	receipt requested, is provided to the owner, if known. Any such
2313	notice shall be sufficient if the notice refers to the airport's
2314	intention to sell all then-accumulated found property, and there
2315	is no requirement that the notice identify each item to be sold.
2316	The rightful owner of such property may reclaim the property at
2317	any time prior to sale by presenting acceptable evidence of
2318	ownership to the airport director or the director's designee.
2319	All proceeds from the sale of the property shall be retained by
2320	the airport for use by the airport in any lawfully authorized
2321	manner.
2322	(5)  Nothing in this section shall preclude the airport
2323	from allowing a domestic or international air carrier or other
2324	tenant, on premises owned or controlled by the operator of a
2325	public-use airport, to establish its own lost and found
2326	procedures for personal property and to dispose of such personal
2327	property.
2328	(6)  A purchaser or recipient in good faith of personal
2329	property sold or obtained under this section shall take the
2330	property free of the rights of persons then holding any legal or
2331	equitable interest thereto, whether or not recorded.
2332	Section 33.  Section 705.183, Florida Statutes, is created
2333	to read:
2334	705.183  Disposal of derelict or abandoned aircraft on the
2335	premises of public-use airports.-
2336	(1)(a)  Whenever any derelict or abandoned aircraft is
2337	found or located on premises owned or controlled by the operator
2338	of a public-use airport, whether or not such premises are under
2339	a lease or license to a third party, the director of the airport
2340	or the director's designee shall make a record of the date the
2341	aircraft was found or determined to be present on the airport
2342	premises.
2343	(b)  For purposes of this section, the term:
2344	1.  "Abandoned aircraft" means an aircraft that has been
2345	disposed of on a public-use airport in a wrecked, inoperative,
2346	or partially dismantled condition or an aircraft that has
2347	remained in an idle state on premises owned or controlled by the
2348	operator of a public-use airport for 45 consecutive calendar
2349	days.
2350	2.  "Derelict aircraft" means any aircraft that is not in a
2351	flyable condition, does not have a current certificate of air
2352	worthiness issued by the Federal Aviation Administration, and is
2353	not in the process of actively being repaired.
2354	(2)  The director or the director's designee shall contact
2355	the Federal Aviation Administration, Aircraft Registration
2356	Branch, to determine the name and address of the last registered
2357	owner of the aircraft and shall make a diligent personal search
2358	of the appropriate records, or contact an aircraft title search
2359	company, to determine the name and address of any person having
2360	an equitable or legal interest in the aircraft. Within 10
2361	business days after receipt of the information, the director or
2362	the director's designee shall notify the owner and all persons
2363	having an equitable or legal interest in the aircraft by
2364	certified mail, return receipt requested, of the location of the
2365	derelict or abandoned aircraft on the airport premises, that
2366	fees and charges for the use of the airport by the aircraft have
2367	accrued and the amount thereof, that the aircraft is subject to
2368	a lien under subsection (5) for the accrued fees and charges for
2369	the use of the airport and for the transportation, storage, and
2370	removal of the aircraft, that the lien is subject to enforcement
2371	pursuant to law, and that the airport may cause the use, trade,
2372	sale, or removal of the aircraft as described in s.
2373	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2374	after the date of receipt of such notice, the aircraft has not
2375	been removed from the airport upon payment in full of all
2376	accrued fees and charges for the use of the airport and for the
2377	transportation, storage, and removal of the aircraft. Such
2378	notice may require removal of the aircraft in less than 30
2379	calendar days if the aircraft poses a danger to the health or
2380	safety of users of the airport, as determined by the director or
2381	the director's designee.
2382	(3)  If the owner of the aircraft is unknown or cannot be
2383	found, the director or the director's designee shall cause a
2384	laminated notice to be placed upon such aircraft in
2385	substantially the following form:
2386
2387	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2388	PROPERTY. This property, to wit: ...(setting forth brief
2389	description)... is unlawfully upon public property known as
2390	...(setting forth brief description of location)... and has
2391	accrued fees and charges for the use of the ...(same description
2392	of location as above)... and for the transportation, storage,
2393	and removal of the property. These accrued fees and charges must
2394	be paid in full and the property must be removed within 30
2395	calendar days after the date of this notice; otherwise, the
2396	property will be removed and disposed of pursuant to chapter
2397	705, Florida Statutes. The property is subject to a lien for all
2398	accrued fees and charges for the use of the public property
2399	known as ...(same description of location as above)... by such
2400	property and for all fees and charges incurred by the public
2401	property known as ...(same description of location as above)...
2402	for the transportation, storage, and removal of the property.
2403	This lien is subject to enforcement pursuant to law. The owner
2404	will be liable for such fees and charges, as well as the cost
2405	for publication of this notice. Dated this: ...(setting forth
2406	the date of posting of notice)..., signed: ...(setting forth
2407	name, title, address, and telephone number of law enforcement
2408	officer)....
2409
2410	Such notice shall be not less than 8 inches by 10 inches and
2411	shall be sufficiently weatherproof to withstand normal exposure
2412	to the weather. If, at the end of 30 calendar days after posting
2413	the notice, the owner or any person interested in the described
2414	derelict or abandoned aircraft has not removed the aircraft from
2415	the airport upon payment in full of all accrued fees and charges
2416	for the use of the airport and for the transportation, storage,
2417	and removal of the aircraft, or shown reasonable cause for
2418	failure to do so, the director or the director's designee may
2419	cause the use, trade, sale, or removal of the aircraft as
2420	described in s. 705.182(2)(a), (b), (d), or (e).
2421	(4)  Such aircraft shall be removed within the time period
2422	specified in the notice provided under subsection (2) or
2423	subsection (3). If, at the end of such period of time, the owner
2424	or any person interested in the described derelict or abandoned
2425	aircraft has not removed the aircraft from the airport upon
2426	payment in full of all accrued fees and charges for the use of
2427	the airport and for the transportation, storage, and removal of
2428	the aircraft, or shown reasonable cause for the failure to do
2429	so, the director or the director's designee may cause the use,
2430	trade, sale, or removal of the aircraft as described in s.
2431	705.182(2)(a), (b), (d), or (e).
2432	(a)  If the airport elects to sell the aircraft in
2433	accordance with s. 705.182(2)(d), the aircraft must be sold at
2434	public auction after giving notice of the time and place of
2435	sale, at least 10 calendar days prior to the date of sale, in a
2436	publication of general circulation within the county where the
2437	airport is located and after providing written notice of the
2438	intended sale to all parties known to have an interest in the
2439	aircraft.
2440	(b)  If the airport elects to dispose of the aircraft in
2441	accordance with s. 705.182(2)(e), the airport shall be entitled
2442	to negotiate with the company for a price to be received from
2443	such company in payment for the aircraft, or, if circumstances
2444	so warrant, a price to be paid to such company by the airport
2445	for the costs of disposing of the aircraft. All information
2446	pertaining to the establishment of such price and the
2447	justification for the amount of such price shall be prepared and
2448	maintained by the airport, and such negotiated price shall be
2449	deemed to be a commercially reasonable price.
2450	(c)  If the sale price or the negotiated price is less than
2451	the airport's then current charges and costs against the
2452	aircraft, or if the airport is required to pay the salvage
2453	company for its services, the owner of the aircraft shall remain
2454	liable to the airport for the airport's costs that are not
2455	offset by the sale price or negotiated price, in addition to the
2456	owner's liability for payment to the airport of the price the
2457	airport was required to pay any salvage company. All costs
2458	incurred by the airport in the removal, storage, and sale of any
2459	aircraft shall be recoverable against the owner of the aircraft.
2460	(5)  The airport shall have a lien on a derelict or
2461	abandoned aircraft for all fees and charges for the use of the
2462	airport by such aircraft and for all fees and charges incurred
2463	by the airport for the transportation, storage, and removal of
2464	the aircraft. As a prerequisite to perfecting a lien under this
2465	section, the airport director or the director's designee must
2466	serve a notice in accordance with subsection (2) on the last
2467	registered owner and all persons having an equitable or legal
2468	interest in the aircraft. Serving the notice does not dispense
2469	with recording the claim of lien.
2470	(6)(a)  For the purpose of perfecting its lien under this
2471	section, the airport shall record a claim of lien which shall
2472	state:
2473	1.  The name and address of the airport.
2474	2.  The name of the last registered owner of the aircraft
2475	and all persons having a legal or equitable interest in the
2476	aircraft.
2477	3.  The fees and charges incurred by the aircraft for the
2478	use of the airport and the fees and charges for the
2479	transportation, storage, and removal of the aircraft.
2480	4.  A description of the aircraft sufficient for
2481	identification.
2482	(b)  The claim of lien shall be signed and sworn to or
2483	affirmed by the airport director or the director's designee.
2484	(c)  The claim of lien shall be sufficient if it is in
2485	substantially the following form:
2486
2487	CLAIM OF LIEN
2488	State of ______
2489	County of ______
2490	Before me, the undersigned notary public, personally appeared
2491	______, who was duly sworn and says that he/she is the
2492	________of ________, whose address is________; and that the
2493	following described aircraft:
2494	...(Description of aircraft)...
2495	owned by __________, whose address is ____________, has accrued
2496	$___________in fees and charges for the use by the aircraft of
2497	______________ and for the transportation, storage, and removal
2498	of the aircraft from _______________; that the lienor served its
2499	notice to the last registered owner and all persons having a
2500	legal or equitable interest in the aircraft on ____,
2501	...(year)..., by________.
2502	...(Signature)...
2503	Sworn to (or affirmed) and subscribed before me this _____day
2504	of___, ...(year)..., by ...(name of person making statement)....
2505	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2506	Commissioned name of Notary Public)...
2507	Personally Known___OR Produced_____as identification.
2508
2509	However, the negligent inclusion or omission of any information
2510	in this claim of lien which does not prejudice the last
2511	registered owner does not constitute a default that operates to
2512	defeat an otherwise valid lien.
2513	(d)  The claim of lien shall be served on the last
2514	registered owner of the aircraft and all persons having an
2515	equitable or legal interest in the aircraft. The claim of lien
2516	shall be so served before recordation.
2517	(e)  The claim of lien shall be recorded with the clerk of
2518	court in the county where the airport is located. The recording
2519	of the claim of lien shall be constructive notice to all persons
2520	of the contents and effect of such claim. The lien shall attach
2521	at the time of recordation and shall take priority as of that
2522	time.
2523	(7)  A purchaser or recipient in good faith of an aircraft
2524	sold or obtained under this section takes the property free of
2525	the rights of persons then holding any legal or equitable
2526	interest to the aircraft, whether or not recorded. The purchaser
2527	or recipient is required to notify the appropriate Federal
2528	Aviation Administration office of such change in the registered
2529	owner of the aircraft.
2530	(8)  If the aircraft is sold at public sale, the airport
2531	shall deduct from the proceeds of sale the costs of
2532	transportation, storage, publication of notice, and all other
2533	costs reasonably incurred by the airport, and any balance of the
2534	proceeds shall be deposited into an interest-bearing account not
2535	later than 30 calendar days after the airport's receipt of the
2536	proceeds and held there for 1 year. The rightful owner of the
2537	aircraft may claim the balance of the proceeds within 1 year
2538	after the date of the deposit by making application to the
2539	airport and presenting acceptable written evidence of ownership
2540	to the airport's director or the director's designee. If no
2541	rightful owner claims the proceeds within the 1-year period, the
2542	balance of the proceeds shall be retained by the airport to be
2543	used in any manner authorized by law.
2544	(9)  Any person acquiring a legal interest in an aircraft
2545	that is sold by an airport under this section or s. 705.182
2546	shall be the lawful owner of such aircraft and all other legal
2547	or equitable interests in such aircraft shall be divested and of
2548	no further force and effect, provided that the holder of any
2549	such legal or equitable interests was notified of the intended
2550	disposal of the aircraft to the extent required in this section.
2551	The airport may issue documents of disposition to the purchaser
2552	or recipient of an aircraft disposed of under this section.
2553	Section 34.  Section 705.184, Florida Statutes, is created
2554	to read:
2555	705.184  Derelict or abandoned motor vehicles on the
2556	premises of public-use airports.-
2557	(1)(a)  Whenever any derelict or abandoned motor vehicle is
2558	found on premises owned or controlled by the operator of a
2559	public-use airport, including airport premises leased to a third
2560	party, the director of the airport or the director's designee
2561	may take charge of the motor vehicle and make a record of the
2562	date such motor vehicle was found.
2563	(b)  For purposes of this section, the term:
2564	1.  "Abandoned motor vehicle" means a motor vehicle that
2565	has been disposed of on a public-use airport in a wrecked,
2566	inoperative, or partially dismantled condition or a motor
2567	vehicle that has remained in an idle state on the premises of a
2568	public-use airport for 45 consecutive calendar days.
2569	2.  "Derelict motor vehicle" means any motor vehicle that
2570	is not in a drivable condition.
2571	(c)  After the information relating to the abandoned or
2572	derelict motor vehicle is recorded in the airport's records, the
2573	director or the director's designee may cause the motor vehicle
2574	to be removed from airport premises by the airport's wrecker or
2575	by a licensed independent wrecker company to be stored at a
2576	suitable location on or off the airport premises. If the motor
2577	vehicle is to be removed from airport premises by the airport's
2578	wrecker, the airport must follow the procedures in subsections
2579	(2)-(8). The procedures in subsections (2)-(8) do not apply if
2580	the motor vehicle is removed from the airport premises by a
2581	licensed independent wrecker company.
2582	(2)  The airport director or the director's designee shall
2583	contact the Department of Highway Safety and Motor Vehicles to
2584	notify that department that the airport has possession of the
2585	abandoned or derelict motor vehicle and to determine the name
2586	and address of the owner of the motor vehicle, the insurance
2587	company insuring the motor vehicle, notwithstanding the
2588	provisions of s. 627.736, and any person who has filed a lien on
2589	the motor vehicle. Within 7 business days after receipt of the
2590	information, the director or the director's designee shall send
2591	notice by certified mail, return receipt requested, to the owner
2592	of the motor vehicle, the insurance company insuring the motor
2593	vehicle, notwithstanding the provisions of s. 627.736, and all
2594	persons of record claiming a lien against the motor vehicle. The
2595	notice shall state the fact of possession of the motor vehicle,
2596	that charges for reasonable towing, storage, and parking fees,
2597	if any, have accrued and the amount thereof, that a lien as
2598	provided in subsection (6) will be claimed, that the lien is
2599	subject to enforcement pursuant to law, that the owner or
2600	lienholder, if any, has the right to a hearing as set forth in
2601	subsection (4), and that any motor vehicle which, at the end of
2602	30 calendar days after receipt of the notice, has not been
2603	removed from the airport upon payment in full of all accrued
2604	charges for reasonable towing, storage, and parking fees, if
2605	any, may be disposed of as provided in s. 705.182(2)(a), (b),
2606	(d), or (e), including, but not limited to, the motor vehicle
2607	being sold free of all prior liens after 35 calendar days after
2608	the time the motor vehicle is stored if any prior liens on the
2609	motor vehicle are more than 5 years of age or after 50 calendar
2610	days after the time the motor vehicle is stored if any prior
2611	liens on the motor vehicle are 5 years of age or less.
2612	(3)  If attempts to notify the owner or lienholder pursuant
2613	to subsection (2) are not successful, the requirement of notice
2614	by mail shall be considered met and the director or the
2615	director's designee, in accordance with subsection (5), may
2616	cause the motor vehicle to be disposed of as provided in s.
2617	705.182(2)(a), (b), (d), or (e), including, but not limited to,
2618	the motor vehicle being sold free of all prior liens after 35
2619	calendar days after the time the motor vehicle is stored if any
2620	prior liens on the motor vehicle are more than 5 years of age or
2621	after 50 calendar days after the time the motor vehicle is
2622	stored if any prior liens on the motor vehicle are 5 years of
2623	age or less.
2624	(4)(a)  The owner of, or any person with a lien on, a motor
2625	vehicle removed pursuant to subsection (1), may, within 10
2626	calendar days after the time he or she has knowledge of the
2627	location of the motor vehicle, file a complaint in the county
2628	court of the county in which the motor vehicle is stored to
2629	determine if his or her property was wrongfully taken or
2630	withheld.
2631	(b)  Upon filing a complaint, an owner or lienholder may
2632	have his or her motor vehicle released upon posting with the
2633	court a cash or surety bond or other adequate security equal to
2634	the amount of the fees for towing, storage, and accrued parking,
2635	if any, to ensure the payment of such fees in the event he or
2636	she does not prevail. Upon the posting of the bond or other
2637	adequate security and the payment of any applicable fee, the
2638	clerk of the court shall issue a certificate notifying the
2639	airport of the posting of the bond or other adequate security
2640	and directing the airport to release the motor vehicle. At the
2641	time of such release, after reasonable inspection, the owner or
2642	lienholder shall give a receipt to the airport reciting any
2643	claims he or she has for loss or damage to the motor vehicle or
2644	the contents of the motor vehicle.
2645	(5)  If, after 30 calendar days after receipt of the
2646	notice, the owner or any person claiming a lien has not removed
2647	the motor vehicle from its storage location upon payment in full
2648	of all accrued charges for reasonable towing, storage, and
2649	parking fees, if any, or shown reasonable cause for the failure
2650	to do so, the airport director or the director's designee may
2651	dispose of the motor vehicle as provided in s. 705.182(2)(a),
2652	(b), (d), or (e). If the airport elects to sell the motor
2653	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2654	sold free of all prior liens after 35 calendar days after the
2655	time the motor vehicle is stored if any prior liens on the motor
2656	vehicle are more than 5 years of age or after 50 calendar days
2657	after the time the motor vehicle is stored if any prior liens on
2658	the motor vehicle are 5 years of age or less. The sale shall be
2659	a public auction either on the Internet or at a specified
2660	physical location. If the date of the sale was not included in
2661	the notice required in subsection (2), notice of the sale, sent
2662	by certified mail, return receipt requested, shall be given to
2663	the owner of the motor vehicle and to all persons claiming a
2664	lien on the motor vehicle. Such notice shall be mailed not less
2665	than 10 calendar days before the date of the sale. In addition
2666	to the notice by mail, public notice of the time and place of
2667	the sale at auction shall be made by publishing a notice of the
2668	sale at auction one time, at least 10 calendar days prior to the
2669	date of sale, in a newspaper of general circulation in the
2670	county in which the sale is to be held. All costs incurred by
2671	the airport for the towing, storage, and sale of the motor
2672	vehicle, as well as all accrued parking fees, if any, shall be
2673	recovered by the airport from the proceeds of the sale, and any
2674	proceeds of the sale in excess of such costs shall be retained
2675	by the airport for use by the airport in any manner authorized
2676	by law.
2677	(6)  The airport pursuant to this section or, if used, a
2678	licensed independent wrecker company pursuant to s. 713.78 shall
2679	have a lien on an abandoned or derelict motor vehicle for all
2680	reasonable towing, storage, and accrued parking fees, if any,
2681	except that no storage fee shall be charged if the motor vehicle
2682	is stored less than 6 hours. As a prerequisite to perfecting a
2683	lien under this section, the airport director or the director's
2684	designee must serve a notice in accordance with subsection (2)
2685	on the owner of the motor vehicle, the insurance company
2686	insuring the motor vehicle, notwithstanding the provisions of s.
2687	627.736, and all persons of record claiming a lien against the
2688	motor vehicle. If attempts to notify the owner, the insurance
2689	company insuring the motor vehicle, notwithstanding the
2690	provisions of s. 627.736, or lienholders are not successful, the
2691	requirement of notice by mail shall be considered met. Serving
2692	of the notice does not dispense with recording the claim of
2693	lien.
2694	(7)(a)  For the purpose of perfecting its lien under this
2695	section, the airport shall record a claim of lien which shall
2696	state:
2697	1.  The name and address of the airport.
2698	2.  The name of the owner of the motor vehicle, the
2699	insurance company insuring the motor vehicle, notwithstanding
2700	the provisions of s. 627.736, and all persons of record claiming
2701	a lien against the motor vehicle.
2702	3.  The costs incurred from reasonable towing, storage, and
2703	parking fees, if any.
2704	4.  A description of the motor vehicle sufficient for
2705	identification.
2706	(b)  The claim of lien shall be signed and sworn to or
2707	affirmed by the airport director or the director's designee.
2708	(c)  The claim of lien shall be sufficient if it is in
2709	substantially the following form:
2710
2711	CLAIM OF LIEN
2712	State of ______
2713	County of ______
2714	Before me, the undersigned notary public, personally appeared
2715	______, who was duly sworn and says that he/she is the
2716	________of _____________, whose address is________; and that the
2717	following described motor vehicle:
2718	...(Description of motor vehicle)...
2719	owned by __________, whose address is ____________, has accrued
2720	$___________in fees for a reasonable tow, for storage, and for
2721	parking, if applicable; that the lienor served its notice to the
2722	owner, the insurance company insuring the motor vehicle
2723	notwithstanding the provisions of s. 627.736, Florida Statutes,
2724	and all persons of record claiming a lien against the motor
2725	vehicle on ____, ...(year)..., by________.
2726	...(Signature)...
2727	Sworn to (or affirmed) and subscribed before me this _____day
2728	of___, ...(year)..., by ...(name of person making statement)....
2729	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2730	Commissioned name of Notary Public)...
2731	Personally Known___OR Produced_____as identification.
2732
2733	However, the negligent inclusion or omission of any information
2734	in this claim of lien which does not prejudice the owner does
2735	not constitute a default that operates to defeat an otherwise
2736	valid lien.
2737	(d)  The claim of lien shall be served on the owner of the
2738	motor vehicle, the insurance company insuring the motor vehicle,
2739	notwithstanding the provisions of s. 627.736, and all persons of
2740	record claiming a lien against the motor vehicle. If attempts to
2741	notify the owner, the insurance company insuring the motor
2742	vehicle notwithstanding the provisions of s. 627.736, or
2743	lienholders are not successful, the requirement of notice by
2744	mail shall be considered met. The claim of lien shall be so
2745	served before recordation.
2746	(e)  The claim of lien shall be recorded with the clerk of
2747	court in the county where the airport is located. The recording
2748	of the claim of lien shall be constructive notice to all persons
2749	of the contents and effect of such claim. The lien shall attach
2750	at the time of recordation and shall take priority as of that
2751	time.
2752	(8)  A purchaser or recipient in good faith of a motor
2753	vehicle sold or obtained under this section takes the property
2754	free of the rights of persons then holding any legal or
2755	equitable interest thereto, whether or not recorded.
2756	Section 35.  Paragraph (a) of subsection (12) of section
2757	163.3180, Florida Statutes, is amended to read:
2758	163.3180  Concurrency.-
2759	(12)(a)  A development of regional impact may satisfy the
2760	transportation concurrency requirements of the local
2761	comprehensive plan, the local government's concurrency
2762	management system, and s. 380.06 by payment of a proportionate-
2763	share contribution for local and regionally significant traffic
2764	impacts, if:
2765	1.  The development of regional impact which, based on its
2766	location or mix of land uses, is designed to encourage
2767	pedestrian or other nonautomotive modes of transportation;
2768	2.  The proportionate-share contribution for local and
2769	regionally significant traffic impacts is sufficient to pay for
2770	one or more required mobility improvements that will benefit a
2771	regionally significant transportation facility;
2772	3.  The owner and developer of the development of regional
2773	impact pays or assures payment of the proportionate-share
2774	contribution; and
2775	4.  If the regionally significant transportation facility
2776	to be constructed or improved is under the maintenance authority
2777	of a governmental entity, as defined by s. 334.03(10)(12), other
2778	than the local government with jurisdiction over the development
2779	of regional impact, the developer is required to enter into a
2780	binding and legally enforceable commitment to transfer funds to
2781	the governmental entity having maintenance authority or to
2782	otherwise assure construction or improvement of the facility.
2783
2784	The proportionate-share contribution may be applied to any
2785	transportation facility to satisfy the provisions of this
2786	subsection and the local comprehensive plan, but, for the
2787	purposes of this subsection, the amount of the proportionate-
2788	share contribution shall be calculated based upon the cumulative
2789	number of trips from the proposed development expected to reach
2790	roadways during the peak hour from the complete buildout of a
2791	stage or phase being approved, divided by the change in the peak
2792	hour maximum service volume of roadways resulting from
2793	construction of an improvement necessary to maintain the adopted
2794	level of service, multiplied by the construction cost, at the
2795	time of developer payment, of the improvement necessary to
2796	maintain the adopted level of service. For purposes of this
2797	subsection, "construction cost" includes all associated costs of
2798	the improvement. Proportionate-share mitigation shall be limited
2799	to ensure that a development of regional impact meeting the
2800	requirements of this subsection mitigates its impact on the
2801	transportation system but is not responsible for the additional
2802	cost of reducing or eliminating backlogs. This subsection also
2803	applies to Florida Quality Developments pursuant to s. 380.061
2804	and to detailed specific area plans implementing optional sector
2805	plans pursuant to s. 163.3245.
2806	Section 36.  Subsection (3) of section 288.063, Florida
2807	Statutes, is amended to read:
2808	288.063  Contracts for transportation projects.-
2809	(3)  With respect to any contract executed pursuant to this
2810	section, the term "transportation project" means a
2811	transportation facility as defined in s. 334.03(28)(31) which is
2812	necessary in the judgment of the Office of Tourism, Trade, and
2813	Economic Development to facilitate the economic development and
2814	growth of the state. Except for applications received prior to
2815	July 1, 1996, such transportation projects shall be approved
2816	only as a consideration to attract new employment opportunities
2817	to the state or expand or retain employment in existing
2818	companies operating within the state, or to allow for the
2819	construction or expansion of a state or federal correctional
2820	facility in a county with a population of 75,000 or less that
2821	creates new employment opportunities or expands or retains
2822	employment in the county. The Office of Tourism, Trade, and
2823	Economic Development shall institute procedures to ensure that
2824	small and minority businesses have equal access to funding
2825	provided under this section. Funding for approved transportation
2826	projects may include any expenses, other than administrative
2827	costs and equipment purchases specified in the contract,
2828	necessary for new, or improvement to existing, transportation
2829	facilities. Funds made available pursuant to this section may
2830	not be expended in connection with the relocation of a business
2831	from one community to another community in this state unless the
2832	Office of Tourism, Trade, and Economic Development determines
2833	that without such relocation the business will move outside this
2834	state or determines that the business has a compelling economic
2835	rationale for the relocation which creates additional jobs.
2836	Subject to appropriation for projects under this section, any
2837	appropriation greater than $10 million shall be allocated to
2838	each of the districts of the Department of Transportation to
2839	ensure equitable geographical distribution. Such allocated funds
2840	that remain uncommitted by the third quarter of the fiscal year
2841	shall be reallocated among the districts based on pending
2842	project requests.
2843	Section 37.  Paragraph (b) of subsection (3) of section
2844	311.07, Florida Statutes, is amended to read:
2845	311.07  Florida seaport transportation and economic
2846	development funding.-
2847	(3)
2848	(b)  Projects eligible for funding by grants under the
2849	program are limited to the following port facilities or port
2850	transportation projects:
2851	1.  Transportation facilities within the jurisdiction of
2852	the port.
2853	2.  The dredging or deepening of channels, turning basins,
2854	or harbors.
2855	3.  The construction or rehabilitation of wharves, docks,
2856	structures, jetties, piers, storage facilities, cruise
2857	terminals, automated people mover systems, or any facilities
2858	necessary or useful in connection with any of the foregoing.
2859	4.  The acquisition of vessel tracking systems, container
2860	cranes, or other mechanized equipment used in the movement of
2861	cargo or passengers in international commerce.
2862	5.  The acquisition of land to be used for port purposes.
2863	6.  The acquisition, improvement, enlargement, or extension
2864	of existing port facilities.
2865	7.  Environmental protection projects which are necessary
2866	because of requirements imposed by a state agency as a condition
2867	of a permit or other form of state approval; which are necessary
2868	for environmental mitigation required as a condition of a state,
2869	federal, or local environmental permit; which are necessary for
2870	the acquisition of spoil disposal sites and improvements to
2871	existing and future spoil sites; or which result from the
2872	funding of eligible projects listed in this paragraph.
2873	8.  Transportation facilities as defined in s.
2874	334.03(28)(31) which are not otherwise part of the Department of
2875	Transportation's adopted work program.
2876	9.  Seaport intermodal access projects identified in the 5-
2877	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2878	10.  Construction or rehabilitation of port facilities as
2879	defined in s. 315.02, excluding any park or recreational
2880	facilities, in ports listed in s. 311.09(1) with operating
2881	revenues of $5 million or less, provided that such projects
2882	create economic development opportunities, capital improvements,
2883	and positive financial returns to such ports.
2884	Section 38.  Subsection (7) of section 311.09, Florida
2885	Statutes, is amended to read:
2886	311.09  Florida Seaport Transportation and Economic
2887	Development Council.-
2888	(7)  The Department of Transportation shall review the list
2889	of projects approved by the council for consistency with the
2890	Florida Transportation Plan and the department's adopted work
2891	program. In evaluating the consistency of a project, the
2892	department shall determine whether the transportation impact of
2893	the proposed project is adequately handled by existing state-
2894	owned transportation facilities or by the construction of
2895	additional state-owned transportation facilities as identified
2896	in the Florida Transportation Plan and the department's adopted
2897	work program. In reviewing for consistency a transportation
2898	facility project as defined in s. 334.03(28)(31) which is not
2899	otherwise part of the department's work program, the department
2900	shall evaluate whether the project is needed to provide for
2901	projected movement of cargo or passengers from the port to a
2902	state transportation facility or local road. If the project is
2903	needed to provide for projected movement of cargo or passengers,
2904	the project shall be approved for consistency as a consideration
2905	to facilitate the economic development and growth of the state
2906	in a timely manner. The Department of Transportation shall
2907	identify those projects which are inconsistent with the Florida
2908	Transportation Plan and the adopted work program and shall
2909	notify the council of projects found to be inconsistent.
2910	Section 39.  Paragraph (c) of subsection (5) of section
2911	316.515, Florida Statutes, is amended to read:
2912	316.515  Maximum width, height, length.-
2913	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2914	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2915	(c)  The width and height limitations of this section do
2916	not apply to farming or agricultural equipment, whether self-
2917	propelled, pulled, or hauled, when temporarily operated during
2918	daylight hours upon a public road that is not a limited access
2919	facility as defined in s. 334.03(11)(13), and the width and
2920	height limitations may be exceeded by such equipment without a
2921	permit. To be eligible for this exemption, the equipment shall
2922	be operated within a radius of 50 miles of the real property
2923	owned, rented, or leased by the equipment owner. However,
2924	equipment being delivered by a dealer to a purchaser is not
2925	subject to the 50-mile limitation. Farming or agricultural
2926	equipment greater than 174 inches in width must have one warning
2927	lamp mounted on each side of the equipment to denote the width
2928	and must have a slow-moving vehicle sign. Warning lamps required
2929	by this paragraph must be visible from the front and rear of the
2930	vehicle and must be visible from a distance of at least 1,000
2931	feet.
2932	Section 40.  Section 336.01, Florida Statutes, is amended
2933	to read:
2934	336.01  Designation of county road system.-The county road
2935	system shall be as defined in s. 334.03(6)(8).
2936	Section 41.  Subsection (2) of section 338.222, Florida
2937	Statutes, is amended to read:
2938	338.222  Department of Transportation sole governmental
2939	entity to acquire, construct, or operate turnpike projects;
2940	exception.-
2941	(2)  The department may contract with any local
2942	governmental entity as defined in s. 334.03(12)(14) for the
2943	design, right-of-way acquisition, or construction of any
2944	turnpike project which the Legislature has approved. Local
2945	governmental entities may negotiate with the department for the
2946	design, right-of-way acquisition, and construction of any
2947	section of the turnpike project within areas of their respective
2948	jurisdictions or within counties with which they have interlocal
2949	agreements.
2950	Section 42.  Subsection (2) of section 341.8225, Florida
2951	Statutes, is amended to read:
2952	341.8225  Department of Transportation sole governmental
2953	entity to acquire, construct, or operate high-speed rail
2954	projects; exception.-
2955	(2)  Local governmental entities, as defined in s.
2956	334.03(12)(14), may negotiate with the department for the
2957	design, right-of-way acquisition, and construction of any
2958	component of the high-speed rail system within areas of their
2959	respective jurisdictions or within counties with which they have
2960	interlocal agreements.
2961	Section 43.  Subsection (1) of section 479.07, Florida
2962	Statutes, is amended to read:
2963	479.07  Sign permits.-
2964	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2965	person may not erect, operate, use, or maintain, or cause to be
2966	erected, operated, used, or maintained, any sign on the State
2967	Highway System outside an urban area, as defined in s.
2968	334.03(29)(32), or on any portion of the interstate or federal-
2969	aid primary highway system without first obtaining a permit for
2970	the sign from the department and paying the annual fee as
2971	provided in this section. As used in this section, the term "on
2972	any portion of the State Highway System, interstate, or federal-
2973	aid primary system" means a sign located within the controlled
2974	area which is visible from any portion of the main-traveled way
2975	of such system.
2976	Section 44.  Section 479.156, Florida Statutes, is amended
2977	to read:
2978	479.156  Wall murals.-Notwithstanding any other provision
2979	of this chapter, a municipality or county may permit and
2980	regulate wall murals within areas designated by such government.
2981	If a municipality or county permits wall murals, a wall mural
2982	that displays a commercial message and is within 660 feet of the
2983	nearest edge of the right-of-way within an area adjacent to the
2984	interstate highway system or the federal-aid primary highway
2985	system shall be located in an area that is zoned for industrial
2986	or commercial use and the municipality or county shall establish
2987	and enforce regulations for such areas that, at a minimum, set
2988	forth criteria governing the size, lighting, and spacing of wall
2989	murals consistent with the intent of the Highway Beautification
2990	Act of 1965 and with customary use. Whenever a municipality or
2991	county exercises such control and makes a determination of
2992	customary use pursuant to 23 U.S.C. s. 131(d), such
2993	determination shall be accepted in lieu of controls in the
2994	agreement between the state and the United States Department of
2995	Transportation, and the department shall notify the Federal
2996	Highway Administration pursuant to the agreement, 23 U.S.C. s.
2997	131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
2998	subject to municipal or county regulation and the Highway
2999	Beautification Act of 1965 must be approved by the Department of
3000	Transportation and the Federal Highway Administration when
3001	required by federal law and federal regulation under the
3002	agreement between the state and the United States Department of
3003	Transportation and federal regulations enforced by the
3004	Department of Transportation under s. 479.02(1). The existence
3005	of a wall mural as defined in s. 479.01(30)(27) shall not be
3006	considered in determining whether a sign as defined in s.
3007	479.01(20)(17), either existing or new, is in compliance with s.
3008	479.07(9)(a).
3009	Section 45.  Subsection (5) of section 479.261, Florida
3010	Statutes, is amended to read:
3011	479.261  Logo sign program.-
3012	(5)  At a minimum, permit fees for businesses that
3013	participate in the program must be established in an amount
3014	sufficient to offset the total cost to the department for the
3015	program, including contract costs. The department shall provide
3016	the services in the most efficient and cost-effective manner
3017	through department staff or by contracting for some or all of
3018	the services. The department shall adopt rules that set
3019	reasonable rates based upon factors such as population, traffic
3020	volume, market demand, and costs for annual permit fees.
3021	However, annual permit fees for sign locations inside an urban
3022	area, as defined in s. 334.03(29)(32), may not exceed $5,000,
3023	and annual permit fees for sign locations outside an urban area,
3024	as defined in s. 334.03(29)(32), may not exceed $2,500. After
3025	recovering program costs, the proceeds from the annual permit
3026	fees shall be deposited into the State Transportation Trust Fund
3027	and used for transportation purposes.
3028	Section 46.  This act shall take effect July 1, 2010.

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