CS/CS/HB 1271

1	A bill to be entitled
2	An act relating to transportation; amending s. 20.23,
3	F.S.; authorizing the Department of Transportation 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. 316.545, F.S.; providing for a
13	reduction in the gross weight of certain vehicles equipped
14	with idle-reduction technologies when calculating a
15	penalty for exceeding maximum weight limits; requiring the
16	operator to provide certification of the weight of the
17	idle-reduction technology and to demonstrate or certify
18	that the idle-reduction technology is fully functional at
19	all times; amending s. 316.550, F.S.; authorizing the
20	department or local authority to issue permits for certain
21	vehicles to operate on certain routes; providing
22	restrictions on routes; providing conditions when vehicles
23	must be unloaded; conforming a cross-reference; amending
24	s. 318.18, F.S.; revising provisions for distribution of
25	proceeds collected by the clerk of the court for
26	disposition of citations for failure to pay a toll;
27	providing alternative procedures for disposition of such
28	citation; providing for adjudication to be withheld and no
29	points assessed against the driver's license unless
30	adjudication is imposed by a court; removing a provision
31	for suspension of the driver's license of a person who is
32	convicted of failing to pay a toll 10 or more times within
33	a 36-month period; amending s. 320.08, F.S.; providing
34	that specified license tax provisions apply to wreckers
35	used for certain purposes; amending s. 320.08058, F.S.;
36	revising authorized uses of revenue received from the sale
37	of United We Stand license plates; amending s. 322.27,
38	F.S.; providing for assessment of points against a
39	driver's license for specified violations of requirements
40	to pay a toll only when the points are imposed by a court;
41	repealing s. 332.14, F.S., relating to the Secure Airports
42	for Florida's Economy Council; providing for the use of
43	funds accrued by the Secure Airports for Florida's Economy
44	Council; amending s. 334.03, F.S.; revising definitions
45	for purposes of the Florida Transportation Code; amending
46	s. 334.044, F.S.; revising powers and duties of the
47	department; removing provisions for assigning jurisdiction
48	of roads and designating facilities as part of the State
49	Highway System; amending s. 334.047, F.S.; removing a
50	prohibition against the department establishing a maximum
51	number of miles of certain roads within a district or
52	county; amending s. 337.14, F.S.; revising application
53	procedures for the qualification of contractors; requiring
54	any required interim financial statement to be accompanied
55	by an updated application; amending s. 337.401, F.S.;
56	revising provisions for rules of the department that
57	provide for the placement of and access to certain
58	electrical transmission lines on the right-of-way of
59	department-controlled roads; authorizing the rules to
60	include that the use of the limited access right-of-way
61	for longitudinal placement of such transmission lines is
62	reasonable based upon consideration of certain economic
63	and environmental factors; amending s. 337.406, F.S.;
64	prohibiting camping on certain parts of the right-of-way
65	of the State Highway System; amending s. 338.155, F.S.;
66	authorizing the department to adopt rules relating to the
67	payment, collection, and enforcement of tolls; amending
68	ss. 341.051 and 341.3025, F.S.; requiring the use of
69	universal common contactless fare media on new or upgraded
70	public rail transit systems; amending s. 343.64, F.S.;
71	authorizing the Central Florida Regional Transportation
72	Authority to borrow funds under certain circumstances;
73	amending s. 348.51, F.S.; revising the definition for the
74	term "bonds" when used in the Tampa-Hillsborough County
75	Expressway Authority Law; amending s. 348.545, F.S.;
76	authorizing costs of authority improvements to be financed
77	by bonds issued on behalf of the authority pursuant to the
78	State Bond Act or bonds issued by the authority under
79	specified provisions; amending s. 348.56, F.S.;
80	authorizing bonds to be issued on behalf of the authority
81	pursuant to the State Bond Act or issued by the authority
82	under specified provisions; revising requirements for such
83	bonds; requiring the bonds to be sold at public sale;
84	authorizing the authority to negotiate the sale of bonds
85	with underwriters under certain circumstances; amending s.
86	348.565, F.S.; providing that facilities of the expressway
87	system are approved to be refinanced by the revenue bonds
88	issued by the Division of Bond Finance of the State Board
89	of Administration and the State Bond Act or by revenue
90	bonds issued by the authority; providing that certain
91	projects of the authority are approved for financing or
92	refinancing by revenue bonds; amending s. 348.57, F.S.;
93	authorizing the authority to provide for the issuance of
94	certain bonds for the refunding of bonds outstanding
95	regardless of whether the bonds being refunded were issued
96	by the authority or on behalf of the authority; amending
97	s. 348.70, F.S.; providing that the Tampa-Hillsborough
98	County Expressway Authority Law does not repeal, rescind,
99	or modify any other laws; providing that such law
100	supersedes laws that are inconsistent with the provisions
101	of that law; creating pt. XI of ch. 348, F.S., titled
102	"Osceola County Expressway Authority"; providing a short
103	title; providing definitions; creating the Osceola County
104	Expressway Authority as an agency of the state; providing
105	for a governing body of the authority; providing for
106	membership, terms, organization, personnel, and
107	administration; authorizing payment of travel and other
108	expenses; directing the authority to cooperate with and
109	participate in any efforts to establish a regional
110	expressway authority; providing purposes and powers of the
111	authority for acquisition, construction, expansion,
112	maintenance, improvement, operation, ownership, and
113	leasing of the Osceola County Expressway System; providing
114	for use of certain funds to pay or secure obligations;
115	authorizing use of the Osceola County gasoline tax under
116	certain conditions; authorizing the authority to enter
117	into partnerships and other agreements; authorizing the
118	authority to construct, operate, and maintain roads,
119	bridges, avenues of access, thoroughfares, and boulevards,
120	and electronic toll payment systems thereon, outside the
121	jurisdictional boundaries of Osceola County; authorizing
122	the authority to enter into an interlocal agreement with
123	the Orlando-Orange County Expressway Authority to
124	coordinate and plan for projects; prohibiting the
125	authority from pledging the credit or taxing power of the
126	state; requiring consent of local and county jurisdictions
127	prior to acquisition of rights-of-way; requiring consent
128	of local and county jurisdictions for agreements that
129	would restrict construction of roads; providing for bond
130	financing of improvements to certain facilities; providing
131	for issuance and sale of bonds; providing for the
132	employment of fiscal agents; authorizing the State Board
133	of Administration to act as fiscal agent; providing
134	approval of certain facilities that have been financed by
135	the issuance of bonds or other evidence of indebtedness;
136	providing for rights and remedies granted to bondholders;
137	providing for appointment of a trustee to represent the
138	bondholders; providing for appointment of a receiver to
139	take possession of, operate, and maintain the system;
140	providing for lease of the system to the department under
141	a lease-purchase agreement; authorizing the department to
142	act in place of the authority under terms of the lease-
143	purchase agreement; requiring approval by the county for
144	certain provisions of the lease-purchase agreement;
145	providing that upon termination of such lease-purchase
146	agreement title to the system shall be transferred to the
147	state; providing that no pledge of Osceola County gasoline
148	tax funds as rentals under such lease-purchase agreement
149	shall be made without the consent of Osceola County;
150	authorizing the department to expend a limited amount of
151	funds; providing that the system is part of the state road
152	system; providing for the authority to appoint the
153	department as its agent for certain construction purposes;
154	authorizing the authority to acquire property; authorizing
155	the authority to exercise eminent domain; limiting
156	liability of the authority for preexisting contamination
157	of an acquired property; providing for remedial acts
158	necessary due to such contamination; authorizing
159	agreements between the authority and other entities;
160	providing pledge of the state to bondholders; exempting
161	the authority from taxation; providing that investment in
162	such bonds or other obligations constitutes legal
163	investments; providing that such bonds are eligible for
164	deposit as security for state, municipal, and other public
165	funds; providing that pledges shall be enforceable by
166	bondholders; providing for application and construction of
167	the part; authorizing certain audits of the authority by
168	the Osceola County auditor; requiring reports of such
169	audits to be submitted to the authority and the governing
170	body of Osceola County; providing for dissolution of the
171	authority under certain circumstances; amending s.
172	373.41492, F.S.; increasing the mitigation fee for mining
173	activities in the Miami-Dade County Lake Belt; suspending
174	an annual increase in the mitigation fee; revising the
175	frequency of an interagency committee report; amending s.
176	403.4131, F.S.; removing provisions relating to a report
177	on the adopt-a-highway program; amending s. 479.01, F.S.;
178	defining the terms "allowable uses," "commercial use,"
179	"industrial use," and "zoning category" and revising the
180	definition of the term "commercial or industrial zone" for
181	purposes of provisions relating to outdoor advertising;
182	conforming cross-references; designating pts. I and II of
183	ch. 479, F.S., entitled "General Provisions" and "Special
184	Programs," respectively; creating pt. III of ch. 479,
185	F.S., entitled "Sign Removal"; creating s. 479.310, F.S.;
186	providing intent relating to unpermitted and illegal
187	signs; placing financial responsibility for the removal of
188	such signs; providing the department authority to recover
189	costs of removal of such signs; creating s. 479.311, F.S.,
190	providing jurisdiction to consider claims to recover
191	costs; defining the term "venue" for the purposes of a
192	claim filed by the department; creating s. 479.312, F.S.;
193	providing that costs incurred by the department in
194	removing certain signs shall be assessed against certain
195	individuals; providing presumption of a ownership;
196	creating s. 479.313, F.S.; providing for the assessment of
197	the cost of removal for signs following the revocation of
198	a sign permit; creating s. 479.315, F.S.; providing for
199	the assessment of the cost of removal of signs located
200	within a highway right-of-way; amending s. 705.18, F.S.;
201	removing provisions for disposal of personal property lost
202	or abandoned at certain public-use airports; creating s.
203	705.182, F.S.; providing for disposal of personal property
204	found on premises owned or controlled by the operator of a
205	public-use airport; providing a timeframe for the property
206	to be claimed; providing options for disposing of such
207	personal property; providing procedures for selling
208	abandoned personal property; providing for notice of sale;
209	providing that the rightful owner of such property may
210	reclaim the property at any time prior to sale; permitting
211	airport tenants to establish lost and found procedures;
212	providing that purchaser holds title to the property free
213	of the rights of persons then holding any legal or
214	equitable interest thereto; creating s. 705.183, F.S.;
215	providing for disposition of derelict or abandoned
216	aircraft on the premises of public-use airports; providing
217	procedures for such disposition; requiring a record of
218	when the aircraft is found; defining the terms "derelict
219	aircraft" and "abandoned aircraft"; providing for
220	notification of aircraft owner and all persons having an
221	equitable or legal interest in the aircraft; providing for
222	notice if the owner of the aircraft is unknown or cannot
223	be found; providing for disposition if the aircraft is not
224	removed upon payment of required fees; requiring any sale
225	of the aircraft to be at a public auction; providing
226	notice requirements for such public auction; providing
227	procedures for disposal of the aircraft; providing for
228	liability if charges and costs related to the disposition
229	are more than that obtained from the sale; providing for a
230	lien by the airport for fees and charges; providing for
231	notice of lien; requiring recording of a claim of lien;
232	providing for the form of the claim of lien; providing for
233	service of the claim of lien; providing that the purchaser
234	of the aircraft takes the property free of rights of
235	persons holding legal or equitable interest in the
236	aircraft; requiring purchaser or recipient to notify the
237	Federal Aviation Administration of change in ownership;
238	providing for disposition of moneys received for an
239	aircraft sold at public sale; authorizing the airport to
240	issue documents relating to the aircraft's disposal;
241	creating s. 705.184, F.S.; providing for disposition of
242	derelict or abandoned motor vehicles on the premises of
243	public-use airports; providing procedures; requiring
244	recording of the abandoned motor vehicle; defining the
245	terms "derelict motor vehicle" and "abandoned motor
246	vehicle"; providing for removal of such motor vehicle from
247	airport premises; providing for notice to the owner, the
248	company insuring the motor vehicle, and any lienholder;
249	providing for disposition if the motor vehicle is not
250	removed upon payment of required fees; requiring any sale
251	of the motor vehicle to be at a public auction; providing
252	notice requirements for such public auction; providing
253	procedures for disposal of the motor vehicle; providing
254	for a lien by the airport or a licensed independent
255	wrecker for fees and charges; providing for notice of
256	lien; requiring recording of a claim of lien; providing
257	for the form of the claim of lien; providing for service
258	of claim of lien; providing that the purchaser of the
259	motor vehicle takes the property free of the rights of
260	persons holding legal or equitable interest in the motor
261	vehicle; amending ss. 163.3180, 288.063, 311.07, 311.09,
262	316.515, 336.01, 338.222, 341.8225, 479.07, 479.156, and
263	479.261, F.S.; correcting cross-references; providing an
264	effective date.
265
266	Be It Enacted by the Legislature of the State of Florida:
267
268	Section 1.  Subsection (7) of section 20.23, Florida
269	Statutes, as amended by chapter 2009-271, Laws of Florida, is
270	renumbered as subsection (8), and a new subsection (7) is added
271	to that section to read:
272	20.23  Department of Transportation.-There is created a
273	Department of Transportation which shall be a decentralized
274	agency.
275	(7)  The department is authorized to continue to grant a
276	pay additive of $75 per pay period for law enforcement officers
277	assigned to the Office of Motor Carrier Compliance who maintain
278	certification by the Commercial Vehicle Safety Alliance.
279	Section 2.  Paragraph (c) of subsection (12) of section
280	315.03, Florida Statutes, is repealed.
281	Section 3.  Section 316.2122, Florida Statutes, is amended
282	to read:
283	316.2122  Operation of a low-speed vehicle or mini truck on
284	certain roadways.-The operation of a low-speed vehicle as
285	defined in s. 320.01(42) or a mini truck as defined in s.
286	320.01(45) on any road under the jurisdiction of a county or
287	municipality or on an urban minor arterial road, determined by
288	the Department of Transportation using procedures developed by
289	the Federal Highway Administration, under the jurisdiction of
290	the Department of Transportation as defined in s. 334.03(15) or
291	(33) is authorized with the following restrictions:
292	(1)  A low-speed vehicle or mini truck may be operated only
293	on streets where the posted speed limit is 35 miles per hour or
294	less. This does not prohibit a low-speed vehicle or mini truck
295	from crossing a road or street at an intersection where the road
296	or street has a posted speed limit of more than 35 miles per
297	hour.
298	(2)  A low-speed vehicle must be equipped with headlamps,
299	stop lamps, turn signal lamps, taillamps, reflex reflectors,
300	parking brakes, rearview mirrors, windshields, seat belts, and
301	vehicle identification numbers.
302	(3)  A low-speed vehicle or mini truck must be registered
303	and insured in accordance with s. 320.02 and titled pursuant to
304	chapter 319.
305	(4)  Any person operating a low-speed vehicle or mini truck
306	must have in his or her possession a valid driver's license.
307	(5)  A county or municipality may prohibit the operation of
308	low-speed vehicles or mini trucks on any road under its
309	jurisdiction if the governing body of the county or municipality
310	determines that such prohibition is necessary in the interest of
311	safety.
312	(6)  The Department of Transportation may prohibit the
313	operation of low-speed vehicles or mini trucks on any road under
314	its jurisdiction if it determines that such prohibition is
315	necessary in the interest of safety.
316	Section 4.  Paragraphs (c) and (d) of subsection (3) of
317	section 316.545, Florida Statutes, are redesignated as
318	paragraphs (d) and (e), respectively, and a new paragraph (c) is
319	added to that subsection to read:
320	316.545  Weight and load unlawful; special fuel and motor
321	fuel tax enforcement; inspection; penalty; review.-
322	(3)  Any person who violates the overloading provisions of
323	this chapter shall be conclusively presumed to have damaged the
324	highways of this state by reason of such overloading, which
325	damage is hereby fixed as follows:
326	(c)  For a vehicle equipped with fully functional idle-
327	reduction technology, any penalty shall be calculated by
328	reducing the actual gross vehicle weight or the internal bridge
329	weight by the certified weight of the idle-reduction technology
330	or by 400 pounds, whichever is less. The vehicle operator must
331	present written certification of the weight of the idle-
332	reduction technology and must demonstrate or certify that the
333	idle-reduction technology is fully functional at all times. This
334	calculation is not allowed for vehicles described in s.
335	316.535(6);
336	Section 5.  Subsections (4) through (10) of section
337	316.550, Florida Statutes, are renumbered as subsections (5)
338	through (11), respectively, present subsection (7) is amended,
339	and a new subsection (4) is added to that section, to read:
340	316.550  Operations not in conformity with law; special
341	permits.-
342	(4)(a)  The Department of Transportation or local authority
343	may issue permits which authorize commercial vehicles
344	transporting agricultural products with weights not exceeding
345	the limits of s. 316.535(5), plus the scale tolerance provided
346	in s. 316.545(2), to operate off the Interstate Highway System
347	on a designated route specified in the permit.
348	(b)  The designated route shall avoid any bridge which the
349	department determines cannot safely accommodate vehicles with a
350	gross vehicle weight authorized in paragraph (a).
351	(c)  Any vehicle or combination of vehicles which exceeds
352	the weight limits authorized in paragraph (a) shall be unloaded
353	and all material so unloaded shall be cared for by the owner or
354	operator.
355	(8)(7)  The Department of Transportation may impose fines
356	for the operation of a vehicle in violation of this section, as
357	provided in subsection (10) (9).
358	Section 6.  Subsection (7) of section 318.18, Florida
359	Statutes, is amended to read:
360	318.18  Amount of penalties.-The penalties required for a
361	noncriminal disposition pursuant to s. 318.14 or a criminal
362	offense listed in s. 318.17 are as follows:
363	(7)  Mandatory $100 fine for each violation of s. 316.1001
364	plus the amount of the unpaid toll shown on the traffic citation
365	for each citation issued. The clerk of the court shall forward
366	$25 of the $100 fine received, plus the amount of the unpaid
367	toll that is shown on the citation, to the governmental entity
368	that issued the citation for citations issued by toll
369	enforcement officers or to the entity administering the tolls at
370	the facility where the violation occurred for citations issued
371	by law enforcement officers. However, a person may elect to pay
372	$30 to the clerk of the court, plus the amount of the unpaid
373	toll that is shown on the citation, in which case adjudication
374	is withheld, and no points are assessed under s. 322.27. Upon
375	receipt of the $30 and unpaid toll amount, the clerk of the
376	court shall retain $5 for administrative purposes and shall
377	forward the remaining $25, plus the amount of the unpaid toll
378	shown on the citation, to the governmental entity that issued
379	the citation for citations issued by toll enforcement officers
380	or to the entity administering the tolls at the facility where
381	the violation occurred for citations issued by law enforcement
382	officers. Additionally, adjudication shall be withheld and no
383	points shall be assessed under s. 322.27, except when
384	adjudication is imposed by the court after a hearing pursuant to
385	s. 318.14(5), or on whose behalf the citation was issued. If a
386	plea arrangement is reached prior to the date set for a
387	scheduled evidentiary hearing and, as a result of the plea,
388	adjudication is withheld, there shall be a mandatory fine
389	assessed per citation of not less than $50 and not more than
390	$100, plus the amount of the unpaid toll for each citation
391	issued. The clerk of the court shall forward $25 of the fine
392	imposed plus the amount of the unpaid toll that is shown on the
393	citation to the governmental entity that issued the citation for
394	citations issued by toll enforcement officers or to the entity
395	administering the tolls at the facility where the violation
396	occurred for citations issued by law enforcement officers or on
397	whose behalf the citation was issued. The court shall have
398	specific authority to consolidate issued citations for the same
399	defendant for the purpose of sentencing and aggregate
400	jurisdiction. In addition, the department shall suspend for 60
401	days the driver's license of a person who is convicted of 10
402	violations of s. 316.1001 within a 36-month period. Any funds
403	received by a governmental entity for this violation may be used
404	for any lawful purpose related to the operation or maintenance
405	of a toll facility.
406	Section 7.  Paragraph (e) of subsection (5) of section
407	320.08, Florida Statutes, is amended to read:
408	320.08  License taxes.-Except as otherwise provided herein,
409	there are hereby levied and imposed annual license taxes for the
410	operation of motor vehicles, mopeds, motorized bicycles as
411	defined in s. 316.003(2), and mobile homes, as defined in s.
412	320.01, which shall be paid to and collected by the department
413	or its agent upon the registration or renewal of registration of
414	the following:
415	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
416	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
417	(d)  A wrecker, as defined in s. 320.01(40), which is used
418	to tow a vessel as defined in s. 327.02(39), a disabled,
419	abandoned, stolen-recovered, or impounded motor vehicle as
420	defined in s. 320.01(38), or a replacement motor vehicle as
421	defined in s. 320.01(39): $41 flat, of which $11 shall be
422	deposited into the General Revenue Fund.
423	(e)  A wrecker that is used to tow any nondisabled motor
424	vehicle, regardless of whether such motor vehicle is a disabled
425	motor vehicle, a replacement motor vehicle, a vessel, or any
426	other cargo unless used as defined in paragraph (d), as follows:
427	1.  Gross vehicle weight of 10,000 pounds or more, but less
428	than 15,000 pounds: $118 flat, of which $31 shall be deposited
429	into the General Revenue Fund.
430	2.  Gross vehicle weight of 15,000 pounds or more, but less
431	than 20,000 pounds: $177 flat, of which $46 shall be deposited
432	into the General Revenue Fund.
433	3.  Gross vehicle weight of 20,000 pounds or more, but less
434	than 26,000 pounds: $251 flat, of which $65 shall be deposited
435	into the General Revenue Fund.
436	4.  Gross vehicle weight of 26,000 pounds or more, but less
437	than 35,000 pounds: $324 flat, of which $84 shall be deposited
438	into the General Revenue Fund.
439	5.  Gross vehicle weight of 35,000 pounds or more, but less
440	than 44,000 pounds: $405 flat, of which $105 shall be deposited
441	into the General Revenue Fund.
442	6.  Gross vehicle weight of 44,000 pounds or more, but less
443	than 55,000 pounds: $772 flat, of which $200 shall be deposited
444	into the General Revenue Fund.
445	7.  Gross vehicle weight of 55,000 pounds or more, but less
446	than 62,000 pounds: $915 flat, of which $237 shall be deposited
447	into the General Revenue Fund.
448	8.  Gross vehicle weight of 62,000 pounds or more, but less
449	than 72,000 pounds: $1,080 flat, of which $280 shall be
450	deposited into the General Revenue Fund.
451	9.  Gross vehicle weight of 72,000 pounds or more: $1,322
452	flat, of which $343 shall be deposited into the General Revenue
453	Fund.
454	Section 8.  Paragraph (b) of subsection (32) of section
455	320.08058, Florida Statutes, is amended to read:
456	320.08058  Specialty license plates.-
457	(32)  UNITED WE STAND LICENSE PLATES.-
458	(b)  The department shall retain all revenues from the sale
459	of such plates until all startup costs for developing and
460	issuing the plates have been recovered. Thereafter, 100 percent
461	of the annual use fee shall be distributed to the Department of
462	Transportation to fund security-related aviation projects
463	pursuant to chapter 332 SAFE Council to fund a grant program to
464	enhance security at airports throughout the state, pursuant to
465	s. 332.14.
466	Section 9.  Paragraph (d) of subsection (3) of section
467	322.27, Florida Statutes, is amended to read:
468	322.27  Authority of department to suspend or revoke
469	license.-
470	(3)  There is established a point system for evaluation of
471	convictions of violations of motor vehicle laws or ordinances,
472	and violations of applicable provisions of s. 403.413(6)(b) when
473	such violations involve the use of motor vehicles, for the
474	determination of the continuing qualification of any person to
475	operate a motor vehicle. The department is authorized to suspend
476	the license of any person upon showing of its records or other
477	good and sufficient evidence that the licensee has been
478	convicted of violation of motor vehicle laws or ordinances, or
479	applicable provisions of s. 403.413(6)(b), amounting to 12 or
480	more points as determined by the point system. The suspension
481	shall be for a period of not more than 1 year.
482	(d)  The point system shall have as its basic element a
483	graduated scale of points assigning relative values to
484	convictions of the following violations:
485	1.  Reckless driving, willful and wanton-4 points.
486	2.  Leaving the scene of a crash resulting in property
487	damage of more than $50-6 points.
488	3.  Unlawful speed resulting in a crash-6 points.
489	4.  Passing a stopped school bus-4 points.
490	5.  Unlawful speed:
491	a.  Not in excess of 15 miles per hour of lawful or posted
492	speed-3 points.
493	b.  In excess of 15 miles per hour of lawful or posted
494	speed-4 points.
495	6.  A violation of a traffic control signal device as
496	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
497	7.  All other moving violations (including parking on a
498	highway outside the limits of a municipality)-3 points. However,
499	no points shall be imposed for a violation of s. 316.0741 or s.
500	316.2065(12); and points shall be imposed for a violation of s.
501	316.1001 only when imposed by the court after a hearing pursuant
502	to s. 318.14(5).
503	8.  Any moving violation covered above, excluding unlawful
504	speed, resulting in a crash-4 points.
505	9.  Any conviction under s. 403.413(6)(b)-3 points.
506	10.  Any conviction under s. 316.0775(2)-4 points.
507	Section 10.  Section 332.14, Florida Statutes, is repealed.
508	Section 11.  All funds accrued by the Secure Airports for
509	Florida's Economy Council prior to July 1, 2010, shall be
510	retained by the Department of Transportation. The Department of
511	Transportation is authorized to use these funds for statewide
512	training purposes relating to airport security and management.
513	The Department of Transportation is further authorized to use
514	these funds for security-related aviation projects pursuant to
515	chapter 332, Florida Statutes.
516	Section 12.  Section 334.03, Florida Statutes, is amended
517	to read:
518	334.03  Definitions.-When used in the Florida
519	Transportation Code, the term:
520	(1)  "Arterial road" means a route providing service which
521	is relatively continuous and of relatively high traffic volume,
522	long average trip length, high operating speed, and high
523	mobility importance. In addition, every United States numbered
524	highway is an arterial road.
525	(1)(2)  "Bridge" means a structure, including supports,
526	erected over a depression or an obstruction, such as water or a
527	highway or railway, and having a track or passageway for
528	carrying traffic as defined in chapter 316 or other moving
529	loads.
530	(2)(3)  "City street system" means all local roads within a
531	municipality that were under the jurisdiction of that
532	municipality on June 10, 1995; roads transferred to the
533	municipality's jurisdiction after that date by mutual consent
534	with another governmental entity, but not including roads so
535	transferred from the municipality's jurisdiction; and roads
536	constructed by a municipality for its street system, and all
537	collector roads inside that municipality, which are not in the
538	county road system.
539	(4)  "Collector road" means a route providing service which
540	is of relatively moderate average traffic volume, moderately
541	average trip length, and moderately average operating speed.
542	Such a route also collects and distributes traffic between local
543	roads or arterial roads and serves as a linkage between land
544	access and mobility needs.
545	(3)(5)  "Commissioners" means the governing body of a
546	county.
547	(4)(6)  "Consolidated metropolitan statistical area" means
548	two or more metropolitan statistical areas that are socially and
549	economically interrelated as defined by the United States Bureau
550	of the Census.
551	(5)(7)  "Controlled access facility" means a street or
552	highway to which the right of access is highly regulated by the
553	governmental entity having jurisdiction over the facility in
554	order to maximize the operational efficiency and safety of the
555	high-volume through traffic utilizing the facility. Owners or
556	occupants of abutting lands and other persons have a right of
557	access to or from such facility at such points only and in such
558	manner as may be determined by the governmental entity.
559	(6)(8)  "County road system" means all roads within a
560	county which were under the jurisdiction of that county on June
561	10, 1995; roads transferred to the county's jurisdiction after
562	that date by mutual consent with another governmental entity,
563	but not including roads so transferred from the county's
564	jurisdiction; and roads constructed by a county for that
565	county's road system collector roads in the unincorporated areas
566	of a county and all extensions of such collector roads into and
567	through any incorporated areas, all local roads in the
568	unincorporated areas, and all urban minor arterial roads not in
569	the State Highway System.
570	(7)(9)  "Department" means the Department of
571	Transportation.
572	(8)(10)  "Florida Intrastate Highway System" means a system
573	of limited access and controlled access facilities on the State
574	Highway System which have the capacity to provide high-speed and
575	high-volume traffic movements in an efficient and safe manner.
576	(9)(11)  "Functional classification" means the assignment
577	of roads into systems according to the character of service they
578	provide in relation to the total road network using procedures
579	developed by the Federal Highway Administration. Basic
580	functional categories include arterial roads, collector roads,
581	and local roads which may be subdivided into principal, major,
582	or minor levels. Those levels may be additionally divided into
583	rural and urban categories.
584	(10)(12)  "Governmental entity" means a unit of government,
585	or any officially designated public agency or authority of a
586	unit of government, that has the responsibility for planning,
587	construction, operation, or maintenance or jurisdiction over
588	transportation facilities; the term includes the Federal
589	Government, the state government, a county, an incorporated
590	municipality, a metropolitan planning organization, an
591	expressway or transportation authority, a road and bridge
592	district, a special road and bridge district, and a regional
593	governmental unit.
594	(11)(13)  "Limited access facility" means a street or
595	highway especially designed for through traffic, and over, from,
596	or to which owners or occupants of abutting land or other
597	persons have no right or easement of access, light, air, or view
598	by reason of the fact that their property abuts upon such
599	limited access facility or for any other reason. Such highways
600	or streets may be facilities from which trucks, buses, and other
601	commercial vehicles are excluded; or they may be facilities open
602	to use by all customary forms of street and highway traffic.
603	(12)(14)  "Local governmental entity" means a unit of
604	government with less than statewide jurisdiction, or any
605	officially designated public agency or authority of such a unit
606	of government, that has the responsibility for planning,
607	construction, operation, or maintenance of, or jurisdiction
608	over, a transportation facility; the term includes, but is not
609	limited to, a county, an incorporated municipality, a
610	metropolitan planning organization, an expressway or
611	transportation authority, a road and bridge district, a special
612	road and bridge district, and a regional governmental unit.
613	(15)  "Local road" means a route providing service which is
614	of relatively low average traffic volume, short average trip
615	length or minimal through-traffic movements, and high land
616	access for abutting property.
617	(13)(16)  "Metropolitan area" means a geographic region
618	comprising as a minimum the existing urbanized area and the
619	contiguous area projected to become urbanized within a 20-year
620	forecast period. The boundaries of a metropolitan area may be
621	designated so as to encompass a metropolitan statistical area or
622	a consolidated metropolitan statistical area. If a metropolitan
623	area, or any part thereof, is located within a nonattainment
624	area, the boundaries of the metropolitan area must be designated
625	so as to include the boundaries of the entire nonattainment
626	area, unless otherwise provided by agreement between the
627	applicable metropolitan planning organization and the Governor.
628	(14)(17)  "Metropolitan statistical area" means an area
629	that includes a municipality of 50,000 persons or more, or an
630	urbanized area of at least 50,000 persons as defined by the
631	United States Bureau of the Census, provided that the component
632	county or counties have a total population of at least 100,000.
633	(15)(18)  "Nonattainment area" means an area designated by
634	the United States Environmental Protection Agency, pursuant to
635	federal law, as exceeding national primary or secondary ambient
636	air quality standards for the pollutants carbon monoxide or
637	ozone.
638	(16)(19)  "Periodic maintenance" means activities that are
639	large in scope and require a major work effort to restore
640	deteriorated components of the transportation system to a safe
641	and serviceable condition, including, but not limited to, the
642	repair of large bridge structures, major repairs to bridges and
643	bridge systems, and the mineral sealing of lengthy sections of
644	roadway.
645	(17)(20)  "Person" means any person described in s. 1.01 or
646	any unit of government in or outside the state.
647	(18)(21)  "Right of access" means the right of ingress to a
648	highway from abutting land and egress from a highway to abutting
649	land.
650	(19)(22)  "Right-of-way" means land in which the state, the
651	department, a county, or a municipality owns the fee or has an
652	easement devoted to or required for use as a transportation
653	facility.
654	(20)(23)  "Road" means a way open to travel by the public,
655	including, but not limited to, a street, highway, or alley. The
656	term includes associated sidewalks, the roadbed, the right-of-
657	way, and all culverts, drains, sluices, ditches, water storage
658	areas, waterways, embankments, slopes, retaining walls, bridges,
659	tunnels, and viaducts necessary for the maintenance of travel
660	and all ferries used in connection therewith.
661	(21)(24)  "Routine maintenance" means minor repairs and
662	associated tasks necessary to maintain a safe and efficient
663	transportation system. The term includes: pavement patching;
664	shoulder repair; cleaning and repair of drainage ditches,
665	traffic signs, and structures; mowing; bridge inspection and
666	maintenance; pavement striping; litter cleanup; and other
667	similar activities.
668	(22)(25)  "State Highway System" means the following, which
669	shall be facilities to which access is regulated:
670	(a)  the interstate system and all other roads within the
671	state which were under the jurisdiction of the state on June 10,
672	1995; roads transferred to the state's jurisdiction after that
673	date by mutual consent with another governmental entity, but not
674	including roads so transferred from the state's jurisdiction;
675	and roads constructed by an agency of the state for the State
676	Highway System. These facilities shall be facilities to which
677	access is regulated.;
678	(b)  All rural arterial routes and their extensions into
679	and through urban areas;
680	(c)  All urban principal arterial routes; and
681	(d)  The urban minor arterial mileage on the existing State
682	Highway System as of July 1, 1987, plus additional mileage to
683	comply with the 2-percent requirement as described below.
684
685	However, not less than 2 percent of the public road mileage of
686	each urbanized area on record as of June 30, 1986, shall be
687	included as minor arterials in the State Highway System.
688	Urbanized areas not meeting the foregoing minimum requirement
689	shall have transferred to the State Highway System additional
690	minor arterials of the highest significance in which case the
691	total minor arterials in the State Highway System from any
692	urbanized area shall not exceed 2.5 percent of that area's total
693	public urban road mileage.
694	(23)(26)  "State Park Road System" means roads embraced
695	within the boundaries of state parks and state roads leading to
696	state parks, other than roads of the State Highway System, the
697	county road systems, or the city street systems.
698	(24)(27)  "State road" means a street, road, highway, or
699	other way open to travel by the public generally and dedicated
700	to the public use according to law or by prescription and
701	designated by the department, as provided by law, as part of the
702	State Highway System.
703	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
704	causeway, approach, ferry slip, culvert, toll plaza, gate, or
705	other similar facility used in connection with a transportation
706	facility.
707	(26)(29)  "Sufficiency rating" means the objective rating
708	of a road or section of a road for the purpose of determining
709	its capability to serve properly the actual or anticipated
710	volume of traffic using the road.
711	(27)(30)  "Transportation corridor" means any land area
712	designated by the state, a county, or a municipality which is
713	between two geographic points and which area is used or suitable
714	for the movement of people and goods by one or more modes of
715	transportation, including areas necessary for management of
716	access and securing applicable approvals and permits.
717	Transportation corridors shall contain, but are not limited to,
718	the following:
719	(a)  Existing publicly owned rights-of-way;
720	(b)  All property or property interests necessary for
721	future transportation facilities, including rights of access,
722	air, view, and light, whether public or private, for the purpose
723	of securing and utilizing future transportation rights-of-way,
724	including, but not limited to, any lands reasonably necessary
725	now or in the future for securing applicable approvals and
726	permits, borrow pits, drainage ditches, water retention areas,
727	rest areas, replacement access for landowners whose access could
728	be impaired due to the construction of a future facility, and
729	replacement rights-of-way for relocation of rail and utility
730	facilities.
731	(28)(31)  "Transportation facility" means any means for the
732	transportation of people or property from place to place which
733	is constructed, operated, or maintained in whole or in part from
734	public funds. The term includes the property or property rights,
735	both real and personal, which have been or may be established by
736	public bodies for the transportation of people or property from
737	place to place.
738	(29)(32)  "Urban area" means a geographic region comprising
739	as a minimum the area inside the United States Bureau of the
740	Census boundary of an urban place with a population of 5,000 or
741	more persons, expanded to include adjacent developed areas as
742	provided for by Federal Highway Administration regulations.
743	(33)  "Urban minor arterial road" means a route that
744	generally interconnects with and augments an urban principal
745	arterial road and provides service to trips of shorter length
746	and a lower level of travel mobility. The term includes all
747	arterials not classified as "principal" and contain facilities
748	that place more emphasis on land access than the higher system.
749	(30)(34)  "Urban place" means a geographic region composed
750	of one or more contiguous census tracts that have been found by
751	the United States Bureau of the Census to contain a population
752	density of at least 1,000 persons per square mile.
753	(35)  "Urban principal arterial road" means a route that
754	generally serves the major centers of activity of an urban area,
755	the highest traffic volume corridors, and the longest trip
756	purpose and carries a high proportion of the total urban area
757	travel on a minimum of mileage. Such roads are integrated, both
758	internally and between major rural connections.
759	(31)(36)  "Urbanized area" means a geographic region
760	comprising as a minimum the area inside an urban place of 50,000
761	or more persons, as designated by the United States Bureau of
762	the Census, expanded to include adjacent developed areas as
763	provided for by Federal Highway Administration regulations.
764	Urban areas with a population of fewer than 50,000 persons which
765	are located within the expanded boundary of an urbanized area
766	are not separately recognized.
767	(32)(37)  "511" or "511 services" means three-digit
768	telecommunications dialing to access interactive voice response
769	telephone traveler information services provided in the state as
770	defined by the Federal Communications Commission in FCC Order
771	No. 00-256, July 31, 2000.
772	(33)(38)  "Interactive voice response" means a software
773	application that accepts a combination of voice telephone input
774	and touch-tone keypad selection and provides appropriate
775	responses in the form of voice, fax, callback, e-mail, and other
776	media.
777	Section 13.  Subsections (11) and (13) of section 334.044,
778	Florida Statutes, are amended to read:
779	334.044  Department; powers and duties.-The department
780	shall have the following general powers and duties:
781	(11)  To establish a numbering system for public roads and,
782	to functionally classify such roads, and to assign
783	jurisdictional responsibility.
784	(13)  To designate existing and to plan proposed
785	transportation facilities as part of the State Highway System,
786	and to construct, maintain, and operate such facilities.
787	Section 14.  Section 334.047, Florida Statutes, is amended
788	to read:
789	334.047  Prohibition.-Notwithstanding any other provision
790	of law to the contrary, the Department of Transportation may not
791	establish a cap on the number of miles in the State Highway
792	System or a maximum number of miles of urban principal arterial
793	roads, as defined in s. 334.03, within a district or county.
794	Section 15.  Subsection (1) of section 337.14, Florida
795	Statutes, is amended to read:
796	337.14  Application for qualification; certificate of
797	qualification; restrictions; request for hearing.-
798	(1)  Any person desiring to bid for the performance of any
799	construction contract in excess of $250,000 which the department
800	proposes to let must first be certified by the department as
801	qualified pursuant to this section and rules of the department.
802	The rules of the department shall address the qualification of
803	persons to bid on construction contracts in excess of $250,000
804	and shall include requirements with respect to the equipment,
805	past record, experience, financial resources, and organizational
806	personnel of the applicant necessary to perform the specific
807	class of work for which the person seeks certification. The
808	department is authorized to limit the dollar amount of any
809	contract upon which a person is qualified to bid or the
810	aggregate total dollar volume of contracts such person is
811	allowed to have under contract at any one time. Each applicant
812	seeking qualification to bid on construction contracts in excess
813	of $250,000 shall furnish the department a statement under oath,
814	on such forms as the department may prescribe, setting forth
815	detailed information as required on the application. Each
816	application for certification shall be accompanied by the latest
817	annual financial statement of the applicant completed within the
818	last 12 months. If the application or the annual financial
819	statement shows the financial condition of the applicant more
820	than 4 months prior to the date on which the application is
821	received by the department, then an interim financial statement
822	must also be submitted and be accompanied by an updated
823	application. The interim financial statement must cover the
824	period from the end date of the annual statement and must show
825	the financial condition of the applicant no more than 4 months
826	prior to the date the interim financial statement on which the
827	application is received by the department. Each required annual
828	or interim financial statement must be audited and accompanied
829	by the opinion of a certified public accountant or a public
830	accountant approved by the department. The information required
831	by this subsection is confidential and exempt from the
832	provisions of s. 119.07(1). The department shall act upon the
833	application for qualification within 30 days after the
834	department determines that the application is complete. The
835	department may waive the requirements of this subsection for
836	projects having a contract price of $500,000 or less if the
837	department determines that the project is of a noncritical
838	nature and the waiver will not endanger public health, safety,
839	or property.
840	Section 16.  Subsection (1) of section 337.401, Florida
841	Statutes, is amended to read:
842	337.401  Use of right-of-way for utilities subject to
843	regulation; permit; fees.-
844	(1)(a)  The department and local governmental entities,
845	referred to in ss. 337.401-337.404 as the "authority," that have
846	jurisdiction and control of public roads or publicly owned rail
847	corridors are authorized to prescribe and enforce reasonable
848	rules or regulations with reference to the placing and
849	maintaining along, across, or on any road or publicly owned rail
850	corridors under their respective jurisdictions any electric
851	transmission, telephone, telegraph, or other communications
852	services lines; pole lines; poles; railways; ditches; sewers;
853	water, heat, or gas mains; pipelines; fences; gasoline tanks and
854	pumps; or other structures referred to in this section as the
855	"utility." For aerial and underground electric utility
856	transmission lines designed to operate at 69 or more kilovolts
857	that are needed to accommodate the additional electrical
858	transfer capacity on the transmission grid resulting from new
859	base-load generating facilities, where there is no other
860	practicable alternative available for placement of the electric
861	utility transmission lines on the department's rights-of-way,
862	the department's rules shall provide for placement of and access
863	to such transmission lines adjacent to and within the right-of-
864	way of any department-controlled public roads, including
865	longitudinally within limited access facilities to the greatest
866	extent allowed by federal law, if compliance with the standards
867	established by such rules is achieved. Such rules may include,
868	but need not be limited to, that the use of the right-of-way is
869	reasonable based upon a consideration of economic and
870	environmental factors, including, without limitation, other
871	practicable alternative alignments, utility corridors and
872	easements, impacts on adjacent property owners, and minimum
873	clear zones and other safety standards, and further provide that
874	placement of the electric utility transmission lines within the
875	department's right-of-way does not interfere with operational
876	requirements of the transportation facility or planned or
877	potential future expansion of such transportation facility. If
878	the department approves longitudinal placement of electric
879	utility transmission lines in limited access facilities,
880	compensation for the use of the right-of-way is required. Such
881	consideration or compensation paid by the electric utility in
882	connection with the department's issuance of a permit does not
883	create any property right in the department's property
884	regardless of the amount of consideration paid or the
885	improvements constructed on the property by the utility. Upon
886	notice by the department that the property is needed for
887	expansion or improvement of the transportation facility, the
888	electric utility transmission line will relocate from the
889	facility at the electric utility's sole expense. The electric
890	utility shall pay to the department reasonable damages resulting
891	from the utility's failure or refusal to timely relocate its
892	transmission lines. The rules to be adopted by the department
893	may also address the compensation methodology and relocation. As
894	used in this subsection, the term "base-load generating
895	facilities" means electric power plants that are certified under
896	part II of chapter 403. The department may enter into a permit-
897	delegation agreement with a governmental entity if issuance of a
898	permit is based on requirements that the department finds will
899	ensure the safety and integrity of facilities of the Department
900	of Transportation; however, the permit-delegation agreement does
901	not apply to facilities of electric utilities as defined in s.
902	366.02(2).
903	(b)  For aerial and underground electric utility
904	transmission lines designed to operate at 69 or more kilovolts
905	that are needed to accommodate the additional electrical
906	transfer capacity on the transmission grid resulting from new
907	base-load generating facilities, the department's rules shall
908	provide for placement of and access to such transmission lines
909	adjacent to and within the right-of-way of any department-
910	controlled public roads, including longitudinally within limited
911	access facilities where there is no other practicable
912	alternative available, to the greatest extent allowed by federal
913	law, if compliance with the standards established by such rules
914	is achieved. Such rules may include, but need not be limited to,
915	that the use of the limited access right-of-way for longitudinal
916	placement of electric utility transmission lines is reasonable
917	based upon a consideration of economic and environmental
918	factors, including, without limitation, other practicable
919	alternative alignments, utility corridors and easements, impacts
920	on adjacent property owners, and minimum clear zones and other
921	safety standards, and further provide that placement of the
922	electric utility transmission lines within the department's
923	right-of-way does not interfere with operational requirements of
924	the transportation facility or planned or potential future
925	expansion of such transportation facility. If the department
926	approves longitudinal placement of electric utility transmission
927	lines in limited access facilities, compensation for the use of
928	the right-of-way is required. Such consideration or compensation
929	paid by the electric utility in connection with the department's
930	issuance of a permit does not create any property right in the
931	department's property regardless of the amount of consideration
932	paid or the improvements constructed on the property by the
933	utility. Upon notice by the department that the property is
934	needed for expansion or improvement of the transportation
935	facility, the electric utility transmission line will relocate
936	at the electric utility's sole expense. The electric utility
937	shall pay to the department reasonable damages resulting from
938	the utility's failure or refusal to timely relocate its
939	transmission lines. The rules to be adopted by the department
940	may also address the compensation methodology and relocation. As
941	used in this subsection, the term "base-load generating
942	facilities" means electric power plants that are certified under
943	part II of chapter 403.
944	Section 17.  Subsection (4) of section 337.406, Florida
945	Statutes, is renumbered as subsection (5), and a new subsection
946	(4) is added to that section to read:
947	337.406  Unlawful use of state transportation facility
948	right-of-way; penalties.-
949	(4)  Camping is prohibited on any portion of the right-of-
950	way of the State Highway System that is within 100 feet of a
951	bridge, causeway, overpass, or ramp.
952	Section 18.  Subsection (1) of section 338.155, Florida
953	Statutes, is amended to read:
954	338.155  Payment of toll on toll facilities required;
955	exemptions.-
956	(1)  No persons are permitted to use any toll facility
957	without payment of tolls, except employees of the agency
958	operating the toll project when using the toll facility on
959	official state business, state military personnel while on
960	official military business, handicapped persons as provided in
961	this section, persons exempt from toll payment by the
962	authorizing resolution for bonds issued to finance the facility,
963	and persons exempt on a temporary basis where use of such toll
964	facility is required as a detour route. Any law enforcement
965	officer operating a marked official vehicle is exempt from toll
966	payment when on official law enforcement business. Any person
967	operating a fire vehicle when on official business or a rescue
968	vehicle when on official business is exempt from toll payment.
969	Any person participating in the funeral procession of a law
970	enforcement officer or firefighter killed in the line of duty is
971	exempt from toll payment. The secretary, or the secretary's
972	designee, may suspend the payment of tolls on a toll facility
973	when necessary to assist in emergency evacuation. The failure to
974	pay a prescribed toll constitutes a noncriminal traffic
975	infraction, punishable as a moving violation pursuant to s.
976	318.18. The department is authorized to adopt rules relating to
977	the payment, collection, and enforcement of tolls, including,
978	but not limited to, rules for the implementation of video or
979	other image billing and variable pricing guaranteed toll
980	accounts.
981	Section 19.  Subsection (7) is added to section 341.051,
982	Florida Statutes, to read:
983	341.051  Administration and financing of public transit and
984	intercity bus service programs and projects.-
985	(7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
986	(a)  The Legislature recognizes the importance of
987	encouraging the seamless use of local and regional public
988	transportation systems by residents of and visitors to the state
989	wherever possible. The paramount concern is to encourage the
990	implementation of fare collection systems that are interoperable
991	and compatible with multiple public transportation systems
992	throughout the state.
993	(b)  Notwithstanding any other provision of law to the
994	contrary, in order to facilitate the ease of transfer from one
995	public transportation system to another, any public transit
996	system which connects directly with a new public rail system put
997	into service after December 1, 2010, and which is adding a new
998	fare media system or is upgrading its existing fare media system
999	shall use a universal common contactless fare media that is
1000	compatible with the American Public Transportation Association's
1001	Contactless Fare Media System Standard and allows users to
1002	purchase fares at a single point of sale with coin, cash, or
1003	credit card. This paragraph does not require the use of a
1004	universal common contactless fare media for the paratransit
1005	element of any transit system or by any public transit system
1006	that does not share one or more points of origin or destination
1007	with a public rail system.
1008
1009	For purposes of this section, the term "net operating costs"
1010	means all operating costs of a project less any federal funds,
1011	fares, or other sources of income to the project.
1012	Section 20.  Subsection (7) of section 341.3025, Florida
1013	Statutes, is renumbered as subsection (8), and a new subsection
1014	(7) is added to that section to read:
1015	341.3025  Multicounty public rail system fares and
1016	enforcement.-
1017	(7)(a)  The Legislature recognizes the importance of
1018	encouraging the seamless use of local and regional public
1019	transportation systems by residents of and visitors to the state
1020	wherever possible. The paramount concern is to encourage the
1021	implementation of fare collection systems that are interoperable
1022	and compatible with multiple public transportation systems
1023	throughout the state.
1024	(b)  Notwithstanding any other provision of law to the
1025	contrary, in order to facilitate the ease of transfer from one
1026	public transportation system to another, any new public rail
1027	system that is constructed after December 1, 2010, by the state,
1028	an agency of the state, a regional transportation authority, or
1029	one or more counties or municipalities shall use a universal
1030	common contactless fare media that is compatible with the
1031	American Public Transportation Association's Contactless Fare
1032	Media System Standard and allows users to purchase fares at a
1033	single point of sale with coin, cash, or credit card.
1034	Additionally, any existing public rail system that is adding a
1035	new fare media system or is upgrading its existing fare media
1036	system shall use a universal common contactless fare media that
1037	is compatible with the American Public Transportation
1038	Association's Contactless Fare Media System Standard and allows
1039	users to purchase fares at a single point of sale with coin,
1040	cash, or credit card.
1041	Section 21.  Paragraph (q) is added to subsection (2) of
1042	section 343.64, Florida Statutes, to read:
1043	343.64  Powers and duties.-
1044	(2)  The authority may exercise all powers necessary,
1045	appurtenant, convenient, or incidental to the carrying out of
1046	the aforesaid purposes, including, but not limited to, the
1047	following rights and powers:
1048	(q)  Notwithstanding s. 343.65, to borrow money in a
1049	principal amount not to exceed $10 million in any calendar year
1050	to refinance all or part of the costs or obligations of the
1051	authority, including, but not limited to, obligations of the
1052	authority as a lessee under a lease.
1053	Section 22.  Subsection (3) of section 348.51, Florida
1054	Statutes, is amended to read:
1055	348.51  Definitions.-The following terms whenever used or
1056	referred to in this part shall have the following meanings,
1057	except in those instances where the context clearly indicates
1058	otherwise:
1059	(3)  "Bonds" means and includes the notes, bonds, refunding
1060	bonds, or other evidences of indebtedness or obligations, in
1061	either temporary or definitive form, which of the authority is
1062	authorized to issue issued pursuant to this part.
1063	Section 23.  Section 348.545, Florida Statutes, is amended
1064	to read:
1065	348.545  Facility improvement; bond financing authority.-
1066	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1067	Legislature hereby approves for bond financing by the Tampa-
1068	Hillsborough County Expressway Authority improvements to toll
1069	collection facilities, interchanges to the legislatively
1070	approved expressway system, and any other facility appurtenant,
1071	necessary, or incidental to the approved system. Subject to
1072	terms and conditions of applicable revenue bond resolutions and
1073	covenants, such costs financing may be financed in whole or in
1074	part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1075	whether currently issued or issued in the future, or by a
1076	combination of such bonds.
1077	Section 24.  Subsections (1) and (2) of section 348.56,
1078	Florida Statutes, are amended to read:
1079	348.56  Bonds of the authority.-
1080	(1)(a)  Bonds may be issued on behalf of the authority
1081	pursuant to the State Bond Act.
1082	(b)  Alternatively, the authority shall have the power and
1083	is hereby authorized from time to time to issue bonds in such
1084	principal amount as, in the opinion of the authority, shall be
1085	necessary to provide sufficient moneys for achieving its
1086	corporate purposes, including construction, reconstruction,
1087	improvement, extension, repair, maintenance and operation of the
1088	expressway system, the cost of acquisition of all real property,
1089	interest on bonds during construction and for a reasonable
1090	period thereafter, establishment of reserves to secure bonds,
1091	and all other expenditures of the authority incident to and
1092	necessary or convenient to carry out its corporate purposes and
1093	powers.
1094	(2)(a)  Bonds issued by the authority pursuant to paragraph
1095	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1096	the members of the authority and shall bear such date or dates,
1097	mature at such time or times, not exceeding 40 years from their
1098	respective dates, bear interest at such rate or rates, not
1099	exceeding the maximum rate fixed by general law for authorities,
1100	be in such denominations, be in such form, either coupon or
1101	fully registered, carry such registration, exchangeability and
1102	interchangeability privileges, be payable in such medium of
1103	payment and at such place or places, be subject to such terms of
1104	redemption and be entitled to such priorities of lien on the
1105	revenues, other available moneys, and the Hillsborough County
1106	gasoline tax funds as such resolution or any resolution
1107	subsequent thereto may provide. The bonds shall be executed
1108	either by manual or facsimile signature by such officers as the
1109	authority shall determine, provided that such bonds shall bear
1110	at least one signature which is manually executed thereon. The
1111	coupons attached to such bonds shall bear the facsimile
1112	signature or signatures of such officer or officers as shall be
1113	designated by the authority. Such bonds shall have the seal of
1114	the authority affixed, imprinted, reproduced, or lithographed
1115	thereon.
1116	(b)  The bonds issued pursuant to paragraph (1)(a) or
1117	paragraph (1)(b) shall be sold at public sale in the same manner
1118	provided in the State Bond Act, and the net interest cost to the
1119	authority on such bonds shall not exceed the maximum rate fixed
1120	by general law for authorities. If all bids received on the
1121	public sale are rejected, the authority may then proceed to
1122	negotiate for the sale of the bonds at a net interest cost which
1123	shall be less than the lowest net interest cost stated in the
1124	bids rejected at the public sale. However, if the authority
1125	determines, by official action at a public meeting, that a
1126	negotiated sale of such bonds is in the best interest of the
1127	authority, the authority may negotiate the sale of such bonds
1128	with the underwriter or underwriters designated by the authority
1129	and the Division of Bond Finance within the State Board of
1130	Administration with respect to bonds issued pursuant to
1131	paragraph (1)(a) or solely by the authority with respect to
1132	bonds issued pursuant to paragraph (1)(b). The authority's
1133	determination to negotiate the sale of such bonds may be based,
1134	in part, upon the written advice of the authority's financial
1135	adviser. Pending the preparation of definitive bonds, temporary
1136	bonds or interim certificates may be issued to the purchaser or
1137	purchasers of such bonds and may contain such terms and
1138	conditions as the authority may determine.
1139	Section 25.  Section 348.565, Florida Statutes, is amended
1140	to read:
1141	348.565  Revenue bonds for specified projects.-The existing
1142	facilities that constitute the Tampa-Hillsborough County
1143	Expressway System are hereby approved to be refinanced by the
1144	issuance of revenue bonds issued by the Division of Bond Finance
1145	of the State Board of Administration pursuant to s. 11(f), Art.
1146	VII of the State Constitution and the State Bond Act or by
1147	revenue bonds issued by the authority pursuant to s.
1148	348.56(1)(b). In addition, the following projects of the Tampa-
1149	Hillsborough County Expressway Authority are approved to be
1150	financed or refinanced by the issuance of revenue bonds in
1151	accordance with this part and pursuant to s. 11(f), Art. VII of
1152	the State Constitution:
1153	(1)  Brandon area feeder roads.
1154	(2)  Capital improvements to the expressway system,
1155	including safety and operational improvements and toll
1156	collection equipment.
1157	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1158	(4)  The connector highway linking the Lee Roy Selmon
1159	Crosstown Expressway to Interstate 4.
1160	Section 26.  Subsection (1) of section 348.57, Florida
1161	Statutes, is amended to read:
1162	348.57  Refunding bonds.-
1163	(1)  Subject to public notice as provided in s. 348.54, the
1164	authority is authorized to provide by resolution for the
1165	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1166	for the purpose of refunding any bonds then outstanding
1167	regardless of whether the bonds being refunded were issued by
1168	the authority pursuant to this chapter or on behalf of the
1169	authority pursuant to the State Bond Act. The authority is
1170	further authorized to provide by resolution for the issuance of
1171	bonds for the combined purpose of:
1172	(a)  Paying the cost of constructing, reconstructing,
1173	improving, extending, repairing, maintaining and operating the
1174	expressway system.
1175	(b)  Refunding bonds then outstanding. The authorization,
1176	sale and issuance of such obligations, the maturities and other
1177	details thereof, the rights and remedies of the holders thereof,
1178	and the rights, powers, privileges, duties and obligations of
1179	the authority with respect to the same shall be governed by the
1180	foregoing provisions of this part insofar as the same may be
1181	applicable.
1182	Section 27.  Section 348.70, Florida Statutes, is amended
1183	to read:
1184	348.70  This part complete and additional authority.-
1185	(1)  The powers conferred by this part shall be in addition
1186	and supplemental to the existing respective powers of the
1187	authority, the department, the county, and the city, if any, and
1188	this part shall not be construed as repealing any of the
1189	provisions of any other law, general, special, or local, but
1190	shall be deemed to supersede such other law or laws in the
1191	exercise of the powers provided in this part insofar as such
1192	other law or laws are inconsistent with the provisions of this
1193	part and to provide a complete method for the exercise of the
1194	powers granted herein. The construction, reconstruction,
1195	improvement, extension, repair, maintenance, and operation of
1196	the expressway system, and the issuance of bonds hereunder to
1197	finance all or part of the cost thereof, may be accomplished
1198	upon compliance with the provisions of this part without regard
1199	to or necessity for compliance with the provisions, limitations,
1200	or restrictions contained in any other general, special, or
1201	local law, including, but not limited to, s. 215.821, and no
1202	approval of any bonds issued under this part by the qualified
1203	electors or qualified electors who are freeholders in the state
1204	or in the county or in the city or in any other political
1205	subdivision of the state shall be required for the issuance of
1206	such bonds.
1207	(2)  This part does not repeal, rescind, or modify any
1208	other law or laws relating to the State Board of Administration,
1209	the Department of Transportation, or the Division of Bond
1210	Finance of the State Board of Administration, but shall
1211	supersede such other law or laws as are inconsistent with the
1212	provisions of this part, including, but not limited to, s.
1213	215.821.
1214	Section 28.  Part XI of chapter 348, Florida Statutes,
1215	consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1216	348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1217	348.9960, 348.9961, 348.9962, 348.9963, 348.9964, 348.9965,
1218	348.9966, and 348.9967, is created to read:
1219	PART XI
1220	OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1221	348.9950  Short title.-This part may be cited as the
1222	"Osceola County Expressway Authority Law."
1223	348.9951  Definitions.-As used in this part, except where
1224	the context clearly indicates otherwise, the term:
1225	(1)  "Agency of the state" means the state and any
1226	department of or corporation, agency, or instrumentality
1227	created, designated, or established by the state.
1228	(2)  "Authority" means the body politic and corporate and
1229	agency of the state created by this part.
1230	(3)  "Bonds" means and includes the notes, bonds, refunding
1231	bonds, or other evidences of indebtedness or obligations, in
1232	either temporary or definitive form, that the authority is
1233	authorized to issue under this part.
1234	(4)  "County" means Osceola County.
1235	(5)  "Department" means the Department of Transportation.
1236	(6)  "Federal agency" means the United States, the
1237	President of the United States, and any department of or
1238	corporation, agency, or instrumentality created, designated, or
1239	established by the United States.
1240	(7)  "Lease-purchase agreement" means any lease-purchase
1241	agreement the authority is authorized under this part to enter
1242	into with the department.
1243	(8)  "Limited access expressway" or "expressway" means a
1244	street or highway especially designed for through traffic and
1245	over, from, or to which no person has a right of easement, use,
1246	or access except in accordance with the rules and regulations
1247	adopted by the authority for the use of such facility. Such
1248	streets or highways may be parkways from which trucks, buses,
1249	and other commercial vehicles are excluded or freeways open to
1250	use by all customary forms of street and highway traffic.
1251	(9)  "Members" means the governing body of the authority,
1252	and the term "member" means one of the individuals constituting
1253	such governing body.
1254	(10)  "Osceola County Expressway System" or "system" means
1255	any and all expressways and appurtenant facilities thereto,
1256	including, but not limited to, all approaches, roads, bridges,
1257	and avenues of access for such expressways that are built by the
1258	authority or the ownership of which is transferred to the
1259	authority by other governmental or private entities.
1260	(11)  "Osceola County gasoline tax funds" means all the 80-
1261	percent surplus gasoline tax funds accruing in each year to the
1262	department for use in Osceola County under s. 9, Art. XII of the
1263	State Constitution after deduction only of any amounts of such
1264	gasoline tax funds pledged by the department or the county for
1265	outstanding obligations.
1266	(12)  "State Board of Administration" means the body
1267	corporate existing under s. 9, Art. XII of the State
1268	Constitution or any successor thereto.
1269	348.9952  Osceola County Expressway Authority.-
1270	(1)  There is created a body politic and corporate, an
1271	agency of the state, to be known as the Osceola County
1272	Expressway Authority.
1273	(2)(a)  The governing body of the authority shall consist
1274	of six members. Five members must be residents of Osceola
1275	County, three of whom shall be appointed by the governing body
1276	of the county and two of whom shall be appointed by the
1277	Governor. The sixth member shall be the district secretary of
1278	the department serving in the district that includes Osceola
1279	County, who shall serve as an ex officio, nonvoting member. The
1280	term of each appointed member shall be for 4 years, except that
1281	the first term of the initial members appointed by the Governor
1282	shall be 2 years each. Each appointed member shall hold office
1283	until his or her successor has been appointed and has qualified.
1284	A vacancy occurring during a term shall be filled only for the
1285	balance of the unexpired term. Each appointed member of the
1286	authority shall be a person of outstanding reputation for
1287	integrity, responsibility, and business ability, but no person
1288	who is an officer or employee of any city or of Osceola County
1289	in any other capacity shall be an appointed member of the
1290	authority. A member of the authority is eligible for
1291	reappointment.
1292	(b)  Members of the authority may be removed from office by
1293	the Governor for misconduct, malfeasance, or nonfeasance in
1294	office.
1295	(3)(a)  The authority shall elect one of its members as
1296	chair. The authority shall also elect a secretary and a
1297	treasurer, who may be members of the authority. The chair,
1298	secretary, and treasurer shall hold such offices at the will of
1299	the authority.
1300	(b)  Three members of the authority constitute a quorum,
1301	and the vote of three members is necessary for any action taken
1302	by the authority. A vacancy in the authority does not impair the
1303	right of a quorum of the authority to exercise all of the rights
1304	and perform all of the duties of the authority.
1305	(4)(a)  The authority may employ an executive secretary, an
1306	executive director, its own counsel and legal staff, technical
1307	experts, engineers, and other employees, permanent or temporary,
1308	as it may require; may determine the qualifications and fix the
1309	compensation of such persons, firms, or corporations; and may
1310	employ a fiscal agent or agents. However, the authority shall
1311	solicit sealed proposals from at least three persons, firms, or
1312	corporations for the performance of any services as fiscal
1313	agents. The authority may delegate to one or more of its agents
1314	or employees such of its power as it deems necessary to carry
1315	out the purposes of this part, subject always to the supervision
1316	and control of the authority.
1317	(b)  Members of the authority are entitled to receive from
1318	the authority their travel and other necessary expenses incurred
1319	in connection with the business of the authority as provided in
1320	s. 112.061, but they shall draw no salaries or other
1321	compensation.
1322	(c)  The department is not required to grant funds for
1323	startup costs to the authority; however, the governing body of
1324	the county may provide funds for such startup costs.
1325	(d)  The authority shall cooperate with and participate in
1326	any efforts to establish a regional expressway authority.
1327	348.9953  Purposes and powers.-
1328	(1)  The authority may acquire, hold, construct, improve,
1329	maintain, operate, own, and lease in the capacity of lessor the
1330	Osceola County Expressway System and, in the construction of the
1331	system, may construct any extensions, additions, or improvements
1332	to the system or appurtenant facilities, including all necessary
1333	approaches, roads, bridges, and avenues of access, with such
1334	changes, modifications, or revisions of such project as the
1335	authority deems desirable and proper.
1336	(2)  The authority may exercise all powers necessary,
1337	appurtenant, convenient, or incidental to the carrying out of
1338	its purposes, including, but not limited to, the following
1339	rights and powers:
1340	(a)  To sue and be sued, implead and be impleaded, and
1341	complain and defend in all courts.
1342	(b)  To adopt, use, and alter at will a corporate seal.
1343	(c)  To acquire by donation, purchase, or otherwise and
1344	hold, lease as lessee, and use any franchise or property, real,
1345	personal, or mixed, tangible or intangible, or any options
1346	thereof, in its own name or in conjunction with others, or
1347	interest therein, necessary or desirable for carrying out the
1348	purposes of the authority and to sell, lease as lessor,
1349	transfer, and dispose of any property or interest therein at any
1350	time acquired by it.
1351	(d)  To enter into lease agreements for terms not exceeding
1352	40 years as either lessee or lessor to carry out the right to
1353	lease as set forth in this part.
1354	(e)  To enter into lease-purchase agreements with the
1355	department for terms not exceeding 40 years, or until any bonds
1356	secured by a pledge of rentals thereunder and any refundings
1357	thereof are fully paid as to both principal and interest,
1358	whichever is longer.
1359	(f)  To fix, alter, charge, establish, and collect rates,
1360	fees, rentals, and other charges for the services and facilities
1361	of the system, which rates, fees, rentals, and other charges
1362	must always be sufficient to comply with any covenants made with
1363	the holders of any bonds issued pursuant to this part; however,
1364	such right and power may be assigned or delegated by the
1365	authority to the department.
1366	(g)  To borrow money and make and issue negotiable notes,
1367	bonds, refunding bonds, and other evidences of indebtedness or
1368	obligations, either in temporary or definitive form, hereinafter
1369	in this part sometimes called "bonds" of the authority, for the
1370	purpose of financing all or part of the improvement or extension
1371	of the system and appurtenant facilities, including all
1372	approaches, streets, roads, bridges, and avenues of access for
1373	the system and for any other purpose authorized by this part,
1374	such bonds to mature no more than 40 years after the date of the
1375	issuance thereof, and to secure the payment of such bonds or any
1376	part thereof by a pledge of any or all of its revenues, rates,
1377	fees, rentals, or other charges, including all or any portion of
1378	the Osceola County gasoline tax funds received by the authority
1379	pursuant to the terms of any lease-purchase agreement between
1380	the authority and the department; and, in general, to provide
1381	for the security of such bonds and the rights and remedies of
1382	the holders thereof. However, no portion of the Osceola County
1383	gasoline tax funds shall be pledged for the construction of any
1384	project for which a toll is to be charged unless the anticipated
1385	tolls are reasonably estimated by the board of county
1386	commissioners, at the date of its resolution pledging such
1387	funds, to be sufficient to cover the principal and interest of
1388	such obligations during the period when such pledge of funds
1389	shall be in effect.
1390	1.  The authority shall reimburse Osceola County for any
1391	sums expended from such gasoline tax funds used for the payment
1392	of such obligations. Any gasoline tax funds so disbursed shall
1393	be repaid when the authority deems it practicable, together with
1394	interest at the highest rate applicable to any obligations of
1395	the authority.
1396	2.  If the authority decides to fund or refund any bonds
1397	issued by the authority or by the commission prior to their
1398	maturity, the proceeds of such funding or refunding bonds must,
1399	pending the prior redemption of the bonds to be funded or
1400	refunded, be invested in direct obligations of the United
1401	States. Such outstanding bonds may be funded or refunded by the
1402	issuance of bonds pursuant to this part.
1403	(h)  To make contracts of every name and nature, including,
1404	but not limited to, partnerships providing for participation in
1405	ownership and revenues, and to execute all instruments necessary
1406	or convenient for the carrying on of its business.
1407	(i)  Without limitation of the foregoing, to borrow money
1408	and accept grants from and to enter into contracts, leases, or
1409	other transactions with any federal agency, the state, any
1410	agency of the state, Osceola County, or any other public body of
1411	the state.
1412	(j)  To have the power of eminent domain, including the
1413	procedural powers granted under chapters 73 and 74.
1414	(k)  To pledge, hypothecate, or otherwise encumber all or
1415	any part of the revenues, rates, fees, rentals, or other charges
1416	or receipts of the authority, including all or any portion of
1417	the Osceola County gasoline tax funds received by the authority
1418	pursuant to the terms of any lease-purchase agreement between
1419	the authority and the department, as security for all or any of
1420	the obligations of the authority.
1421	(l)  To enter into partnerships and other agreements
1422	respecting ownership and revenue participation in order to
1423	facilitate financing and constructing any project or portions
1424	thereof.
1425	(m)  To participate in developer agreements or to receive
1426	developer contributions.
1427	(n)  To contract with Osceola County for the operation of a
1428	toll facility within the county.
1429	(o)  To do all acts and things necessary or convenient for
1430	the conduct of its business and the general welfare of the
1431	authority in order to carry out the powers granted to it by this
1432	part or any other law.
1433	(p)  With the consent of the county within the jurisdiction
1434	of which the following activities occur, to construct, operate,
1435	and maintain roads, bridges, avenues of access, thoroughfares,
1436	and boulevards outside the jurisdictional boundaries of Osceola
1437	County, and to construct, repair, replace, operate, install, and
1438	maintain electronic toll payment systems thereon, with all
1439	necessary and incidental powers to accomplish the foregoing.
1440	(q)  To enter into an interlocal agreement with the
1441	Orlando-Orange County Expressway Authority to coordinate and
1442	plan for projects in order to avoid any negative impacts on
1443	either authority.
1444	(3)  The authority shall not, at any time or in any manner,
1445	pledge the credit or taxing power of the state or any political
1446	subdivision or agency thereof, including Osceola County, nor
1447	shall the authority's obligations be deemed to be an obligation
1448	of the state or of any political subdivision or agency thereof,
1449	nor shall the state or any political subdivision or agency
1450	thereof, except the authority, be liable for the payment of the
1451	principal of or interest on such obligations.
1452	(4)  Notwithstanding any other provision of this part,
1453	acquisition of right-of-way for a project of the authority which
1454	is within the boundaries of any municipality in Osceola County
1455	shall not be initiated unless and until the governing body of
1456	that municipality has approved the route of such project.
1457	(5)  Notwithstanding any other provision of this part,
1458	acquisition of right-of-way for a project of the authority which
1459	is within the unincorporated area of Osceola County shall not be
1460	initiated unless and until the governing body of Osceola County
1461	has approved the route of such project.
1462	(6)  The authority shall not, without the consent of
1463	Osceola County or any affected municipality, enter into any
1464	agreement that would legally prohibit the construction of any
1465	road by Osceola County or by any municipality within Osceola
1466	County.
1467	348.9954  Bond financing authority for improvements.-
1468	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1469	Legislature hereby approves for bond financing by the Osceola
1470	County Expressway Authority improvements to toll collection
1471	facilities, interchanges to the legislatively approved
1472	expressway system, and any other facility appurtenant,
1473	necessary, or incidental to the approved system. Subject to
1474	terms and conditions of applicable revenue bond resolutions and
1475	covenants, such costs may be financed in whole or in part by
1476	revenue bonds issued pursuant to s. 348.9955(1)(a) or (b) or by
1477	a combination of such bonds, whether currently issued or issued
1478	in the future.
1479	348.9955  Bonds of the authority.-
1480	(1)(a)  Bonds may be issued on behalf of the authority
1481	pursuant to the State Bond Act.
1482	(b)  Alternatively, the authority may issue its own bonds
1483	pursuant to this part at such times and in such principal amount
1484	as, in the opinion of the authority, is necessary to provide
1485	sufficient moneys for achieving its purposes; however, such
1486	bonds may not pledge the full faith and credit of the state.
1487	Bonds issued by the authority pursuant to this paragraph or
1488	paragraph (a), whether on original issuance or on refunding,
1489	shall be authorized by resolution of the members thereof and may
1490	be either term or serial bonds, shall bear such date or dates,
1491	mature at such time or times, not exceeding 40 years from their
1492	respective dates, bear interest at such rate or rates, payable
1493	semiannually, be in such denominations, be in such form, either
1494	coupon or fully registered, shall carry such registration,
1495	exchangeability, and interchangeability privileges, be payable
1496	in such medium of payment and at such place or places, be
1497	subject to such terms of redemption, and be entitled to such
1498	priorities on the revenues, rates, fees, rentals, or other
1499	charges or receipts of the authority, including the Osceola
1500	County gasoline tax funds received by the authority pursuant to
1501	the terms of any lease-purchase agreement between the authority
1502	and the department, as such resolution or any resolution
1503	subsequent thereto may provide. The bonds shall be executed
1504	either by manual or facsimile signature by such officers as the
1505	authority shall determine, provided that such bonds shall bear
1506	at least one signature which is manually executed thereon, and
1507	the coupons attached to such bonds shall bear the facsimile
1508	signature or signatures of such officer or officers as shall be
1509	designated by the authority and shall have the seal of the
1510	authority affixed, imprinted, reproduced, or lithographed
1511	thereon, all as may be prescribed in such resolution or
1512	resolutions.
1513	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1514	(b) shall be sold at public sale in the same manner provided by
1515	the State Bond Act. However, if the authority shall, by official
1516	action at a public meeting, determine that a negotiated sale of
1517	such bonds is in the best interest of the authority, the
1518	authority may negotiate the sale of such bonds with the
1519	underwriter designated by the authority and the Division of Bond
1520	Finance of the State Board of Administration with respect to
1521	bonds issued pursuant to paragraph (a) or solely the authority
1522	with respect to bonds issued pursuant to paragraph (b). The
1523	authority's determination to negotiate the sale of such bonds
1524	may be based, in part, upon the written advice of the
1525	authority's financial adviser. Pending the preparation of
1526	definitive bonds, interim certificates may be issued to the
1527	purchaser or purchasers of such bonds and may contain such terms
1528	and conditions as the authority may determine.
1529	(d)  The authority may issue bonds pursuant to paragraph
1530	(b) to refund any bonds previously issued regardless of whether
1531	the bonds being refunded were issued by the authority pursuant
1532	to this part or on behalf of the authority pursuant to the State
1533	Bond Act.
1534	(2)  Any such resolution or resolutions authorizing any
1535	bonds under this part may contain provisions which shall be part
1536	of the contract with the holders of such bonds, as to:
1537	(a)  The pledging of all or any part of the revenues,
1538	rates, fees, rentals, including all or any portion of the
1539	Osceola County gasoline tax funds received by the authority
1540	pursuant to the terms of any lease-purchase agreement between
1541	the authority and the department, or any part thereof, or other
1542	charges or receipts of the authority, derived by the authority,
1543	from the Osceola County Expressway System.
1544	(b)  The completion, improvement, operation, extension,
1545	maintenance, repair, lease, or lease-purchase agreement of the
1546	system and the duties of the authority and others, including the
1547	department, with reference thereto.
1548	(c)  Limitations on the purposes to which the proceeds of
1549	the bonds, then or thereafter to be issued, or of any loan or
1550	grant by the United States or the state may be applied.
1551	(d)  The fixing, charging, establishing, and collecting of
1552	rates, fees, rentals, or other charges for use of the services
1553	and facilities of the Osceola County Expressway System or any
1554	part thereof.
1555	(e)  The setting aside of reserves or sinking funds or
1556	repair and replacement funds and the regulation and disposition
1557	thereof.
1558	(f)  Limitations on the issuance of additional bonds.
1559	(g)  The terms and provisions of any lease-purchase
1560	agreement, deed of trust, or indenture securing the bonds or
1561	under which the bonds may be issued.
1562	(h)  Any other or additional agreements with the holders of
1563	the bonds which the authority may deem desirable and proper.
1564	(3)  The authority may employ fiscal agents as provided by
1565	this part, or the State Board of Administration may, upon
1566	request of the authority, act as fiscal agent for the authority
1567	in the issuance of any bonds that may be issued pursuant to this
1568	part. The State Board of Administration may, upon request of the
1569	authority, take over the management, control, administration,
1570	custody, and payment of any or all debt services or funds or
1571	assets now or hereafter available for any bonds issued pursuant
1572	to this part. The authority may enter into any deeds of trust,
1573	indentures, or other agreements with its fiscal agent or with
1574	any bank or trust company within or without the state as
1575	security for such bonds and may, under such agreements, sign and
1576	pledge all or any of the revenues, rates, fees, rentals, or
1577	other charges or receipts of the authority, including all or any
1578	portion of the Osceola County gasoline tax funds received by the
1579	authority pursuant to the terms of any lease-purchase agreement
1580	between the authority and the department, thereunder. Such deed
1581	of trust, indenture, or other agreement may contain such
1582	provisions as are customary in such instruments or, as the
1583	authority may authorize, including, but without limitation,
1584	provisions as to:
1585	(a)  The completion, improvement, operation, extension,
1586	maintenance, repair, and lease of or lease-purchase agreement
1587	relating to the Osceola County Expressway System and the duties
1588	of the authority and others, including the department, with
1589	reference thereto.
1590	(b)  The application of funds and the safeguarding of funds
1591	on hand or on deposit.
1592	(c)  The rights and remedies of the trustee and the holders
1593	of the bonds.
1594	(d)  The terms and provisions of the bonds or the
1595	resolutions authorizing the issuance of the bonds.
1596	(4)  Any of the bonds issued pursuant to this part are, and
1597	are declared to be, negotiable instruments and shall have all
1598	the qualities and incidents of negotiable instruments under the
1599	law merchant and the negotiable instruments law of the state.
1600	(5)  Notwithstanding any of the provisions of this part,
1601	each project, building, or facility which has been financed by
1602	the issuance of bonds or other evidence of indebtedness under
1603	this part and any refinancing thereof is hereby approved as
1604	provided for in s. 11(f), Art. VII of the State Constitution.
1605	348.9956  Remedies of the bondholders.-
1606	(1)  The rights and remedies conferred by this part upon or
1607	granted to the bondholders shall be in addition to and not in
1608	limitation of any rights and remedies lawfully granted to such
1609	bondholders by the resolution or resolutions providing for the
1610	issuance of bonds or by a lease-purchase agreement, deed of
1611	trust, indenture, or other agreement under which the bonds may
1612	be issued or secured. If the authority defaults in the payment
1613	of the principal of or interest on any of the bonds issued under
1614	this part after such principal of or interest on such bonds
1615	becomes due, whether at maturity or upon call for redemption, or
1616	if the department defaults in any payments under or covenants
1617	made in any lease-purchase agreement between the authority and
1618	the department, and such default continues for a period of 30
1619	days, or if the authority or the department fails or refuses to
1620	comply with this part or any agreement made with or for the
1621	benefit of the holders of the bonds, the holders of 25 percent
1622	in aggregate principal amount of the bonds then outstanding
1623	shall be entitled as of right to the appointment of a trustee to
1624	represent such bondholders for the purposes hereof; provided,
1625	however, that such holders of 25 percent in aggregate principal
1626	amount of the bonds then outstanding have first given notice to
1627	the authority and to the department of their intention to
1628	appoint a trustee. Such notice shall be deemed to have been
1629	given if given in writing, deposited in a securely sealed
1630	postpaid wrapper, mailed at a regularly maintained United States
1631	post office box or station, and addressed, respectively, to the
1632	chair of the authority and to the Secretary of Transportation at
1633	the principal office of the department.
1634	(2)  Such trustee and any trustee under any deed of trust,
1635	indenture, or other agreement may, and upon written request of
1636	the holders of 25 percent or such other percentages as may be
1637	specified in any deed of trust, indenture, or other agreement
1638	aforesaid in principal amount of the bonds then outstanding
1639	shall, in any court of competent jurisdiction in his, her, or
1640	its own name:
1641	(a)  By mandamus or other suit, action, or proceeding at
1642	law or in equity, enforce all rights of the bondholders,
1643	including the right to require the authority to fix, establish,
1644	maintain, collect, and charge rates, fees, rentals, and other
1645	charges adequate to carry out any agreement as to or pledge of
1646	the revenues or receipts of the authority, to carry out any
1647	other covenants and agreements with or for the benefit of the
1648	bondholders, and to perform its and their duties under this
1649	part.
1650	(b)  By mandamus or other suit, action, or proceeding at
1651	law or in equity, enforce all rights of the bondholders under or
1652	pursuant to any lease-purchase agreement between the authority
1653	and the department, including the right to require the
1654	department to make all rental payments required to be made by it
1655	under the provisions of any such lease-purchase agreement,
1656	whether from the Osceola County gasoline tax funds or other
1657	funds of the department so agreed to be paid, and to require the
1658	department to carry out any other covenants and agreements with
1659	or for the benefit of the bondholders and to perform its and
1660	their duties under this part.
1661	(c)  Bring suit upon the bonds.
1662	(d)  By action or suit in equity, require the authority or
1663	the department to account as if it were the trustee of an
1664	express trust for the bondholders.
1665	(e)  By action or suit in equity, enjoin any acts or things
1666	which may be unlawful or in violation of the rights of the
1667	bondholders.
1668	(3)  Whether or not all bonds have been declared due and
1669	payable, any trustee, when appointed under this section or
1670	acting under a deed of trust, indenture, or other agreement,
1671	shall be entitled as of right to the appointment of a receiver
1672	who may enter upon and take possession of the Osceola County
1673	Expressway System or the facilities or any part or parts
1674	thereof, the rates, fees, rentals, or other revenues, charges,
1675	or receipts from which are or may be applicable to the payment
1676	of the bonds so in default; and, subject to and in compliance
1677	with the provisions of any lease-purchase agreement between the
1678	authority and the department, operate and maintain the same for
1679	and on behalf and in the name of the authority, the department,
1680	and the bondholders; and collect and receive all rates, fees,
1681	rentals, and other charges or receipts or revenues arising
1682	therefrom in the same manner as the authority or the department
1683	might do; and shall deposit all such moneys in a separate
1684	account and apply the same in such manner as the court shall
1685	direct. In any suit, action, or proceeding by the trustee, the
1686	fees, counsel fees, and expenses of the trustee and such
1687	receiver, if any, and all costs and disbursements allowed by the
1688	court shall be a first charge on any rates, fees, rentals, or
1689	other charges, revenues, or receipts derived from the Osceola
1690	County Expressway System or the facilities or services or any
1691	part or parts thereof, including payments under any such lease-
1692	purchase agreement as aforesaid which such rates, fees, rentals,
1693	or other charges, revenues, or receipts shall or may be
1694	applicable to the payment of the bonds so in default. Such
1695	trustee shall also have and possess all of the powers necessary
1696	or appropriate for the exercise of any functions specifically
1697	set forth in this part or incident to the representation of the
1698	bondholders in the enforcement and protection of their rights.
1699	(4)  Nothing in this section or any other section of this
1700	part authorizes any receiver appointed pursuant to this part for
1701	the purpose, subject to and in compliance with the provisions of
1702	any lease-purchase agreement between the authority and the
1703	department, of operating and maintaining the Osceola County
1704	Expressway System or any facilities or part or parts thereof to
1705	sell, assign, mortgage, or otherwise dispose of any of the
1706	assets of whatever kind and character belonging to the
1707	authority. It is the intention of this part to limit the powers
1708	of such receiver, subject to and in compliance with the
1709	provisions of any lease-purchase agreement between the authority
1710	and the department, to the operation and maintenance of the
1711	Osceola County Expressway System or any facility or part or
1712	parts thereof, as the court may direct, in the name and for and
1713	on behalf of the authority, the department, and the bondholders.
1714	No holder of bonds of the authority or any trustee shall ever
1715	have the right in any suit, action, or proceeding at law or in
1716	equity to compel a receiver, nor shall any receiver be
1717	authorized or any court be empowered to direct the receiver, to
1718	sell, assign, mortgage, or otherwise dispose of any assets of
1719	whatever kind or character belonging to the authority.
1720	348.9957  Lease-purchase agreement.-
1721	(1)  In order to effectuate the purposes of this part and
1722	as authorized by this part, the authority may enter into a
1723	lease-purchase agreement with the department relating to and
1724	covering the system.
1725	(2)  Such lease-purchase agreement shall provide for the
1726	leasing of the system by the authority as lessor to the
1727	department as lessee, shall prescribe the term of such lease and
1728	the rentals to be paid under the lease, and shall provide that,
1729	upon the completion of the faithful performance under and
1730	termination of the agreement, title in fee simple absolute to
1731	the system as then constituted shall be transferred in
1732	accordance with law by the authority to the state and the
1733	authority shall deliver to the department such deeds and
1734	conveyances as are necessary or convenient to vest title in fee
1735	simple absolute in the state.
1736	(3)  Such lease-purchase agreement may include such other
1737	provisions, agreements, and covenants as the authority and the
1738	department deem advisable or required, including, but not
1739	limited to, provisions as to the bonds to be issued under and
1740	for the purposes of this part; the completion, extension,
1741	improvement, operation, and maintenance of the system; the
1742	expenses and the cost of operation of the authority; the
1743	charging and collection of tolls, rates, fees, and other charges
1744	for the use of the services and facilities of the system; the
1745	application of federal or state grants or aid which may be made
1746	or given to assist the authority in the completion, extension,
1747	improvement, operation, and maintenance of the system, which the
1748	authority may accept and apply to such purposes; the enforcement
1749	of payment and collection of rentals; and any other terms,
1750	provisions, or covenants necessary, incidental, or appurtenant
1751	to the making of and full performance under the agreement.
1752	(4)  The department as lessee under such lease-purchase
1753	agreement is authorized to pay as rentals thereunder any rates,
1754	fees, charges, funds, moneys, receipts, or income accruing to
1755	the department from the operation of the system and the Osceola
1756	County gasoline tax funds and may also pay as rentals any
1757	appropriations received by the department pursuant to any act of
1758	the Legislature. However, nothing in this part or in such lease-
1759	purchase agreement shall require the making or continuance of
1760	such appropriations, nor shall any holder of bonds issued
1761	pursuant to this part have any right to compel the making or
1762	continuance of such appropriations.
1763	(5)  A pledge of Osceola County gasoline tax funds as
1764	rentals under such lease-purchase agreement shall not be made
1765	without the consent of Osceola County evidenced by a resolution
1766	duly adopted by the board of county commissioners of the county
1767	at a public hearing held pursuant to due notice thereof
1768	published at least once a week for 3 consecutive weeks before
1769	the hearing in a newspaper of general circulation in Osceola
1770	County. In addition to other provisions, the resolution must
1771	provide that any excess of such pledged gasoline tax funds which
1772	is not required for debt service or reserves for such debt
1773	service for any bonds issued by the authority shall be returned
1774	annually to the department for distribution to Osceola County as
1775	provided by law. Before making any application for such pledge
1776	of gasoline tax funds, the authority shall present the plan of
1777	its proposed project to the Osceola County Planning and Zoning
1778	Commission for its comments and recommendations.
1779	(6)  The department may covenant in any lease-purchase
1780	agreement that it will pay, from sources other than the revenues
1781	derived from the operation of the system and Osceola County
1782	gasoline tax funds, all or any part of the cost of the
1783	operation, maintenance, repair, renewal, and replacement of the
1784	system and any part of the cost of completing the system to the
1785	extent that the proceeds of bonds issued therefor are
1786	insufficient. The department may also agree to make such other
1787	payments from any moneys available to the county in connection
1788	with the construction or completion of the system as the
1789	department deems to be fair and proper under such covenants.
1790	(7)  The system shall be a part of the state road system,
1791	and the department may, upon the request of the authority,
1792	expend moneys from funds available for such purposes and use its
1793	engineering and other forces as it deems necessary and desirable
1794	for the operation of the authority and for traffic surveys,
1795	borings, surveys, preparation of plans and specifications,
1796	estimates of cost, and other preliminary engineering and other
1797	studies; however, the aggregate amount of moneys expended for
1798	such purposes by the department must not exceed $375,000.
1799	348.9958  Department may be appointed agent of authority
1800	for construction.-The authority may appoint the department as
1801	its agent for the purpose of constructing improvements and
1802	extensions to and the completion of the system. In such event,
1803	the authority shall provide the department with complete copies
1804	of all documents, agreements, resolutions, contracts, and
1805	instruments relating to the system; shall request the department
1806	to do such construction work, including the planning, surveying,
1807	and actual construction of the completion, extensions, and
1808	improvements to the system; and shall transfer to the credit of
1809	an account of the department in the treasury of the state the
1810	necessary funds for such purpose. After such appointment and
1811	receipt of funds, the department is authorized, empowered, and
1812	directed to proceed with such construction and to use the funds
1813	for such purpose in the same manner as it is authorized to use
1814	funds otherwise provided to it by law for the construction of
1815	roads and bridges.
1816	348.9959  Acquisition of lands and property.-
1817	(1)  For the purposes of this part, the authority may
1818	acquire, by gift, devise, purchase, or condemnation by eminent
1819	domain proceedings, private or public property and property
1820	rights, including rights of access, air, view, and light, as the
1821	authority may deem necessary for any of the purposes of this
1822	part, including, but not limited to, any lands reasonably
1823	necessary for securing applicable permits, areas necessary for
1824	management of access, borrow pits, drainage ditches, water
1825	retention areas, rest areas, replacement access for landowners
1826	whose access is impaired due to the construction of a facility,
1827	and replacement rights-of-way for relocated rail and utility
1828	facilities; for existing, proposed, or anticipated
1829	transportation facilities on the system or in a transportation
1830	corridor designated by the authority; or for the purposes of
1831	screening, relocation, removal, or disposal of junkyards and
1832	scrap metal processing facilities. The authority may condemn any
1833	material and property necessary for such purposes.
1834	(2)  The right of eminent domain conferred in this part
1835	shall be exercised by the authority in the manner provided by
1836	law.
1837	(3)  When the authority acquires property for a
1838	transportation facility or in a transportation corridor, the
1839	authority is not subject to any liability imposed by chapter 376
1840	or chapter 403 for preexisting soil or groundwater contamination
1841	due solely to its ownership of the property. This section does
1842	not affect the rights or liabilities of any past or future
1843	owners of the acquired property and does not affect the
1844	liability of any governmental entity for the results of its
1845	actions which create or exacerbate a pollution source. The
1846	authority and the Department of Environmental Protection may
1847	enter into interagency agreements for the performance, funding,
1848	and reimbursement of the investigative and remedial acts
1849	necessary for property acquired by the authority.
1850	348.9960  Cooperation with other units, boards, agencies,
1851	and individuals.-Any county, municipality, drainage district,
1852	road and bridge district, school district, or other political
1853	subdivision, board, commission, or individual in or of the state
1854	may make and enter into any contract, lease, conveyance,
1855	partnership, or other agreement with the authority within the
1856	provisions and for purposes of this part; and the authority may
1857	make and enter into any contract, lease, conveyance,
1858	partnership, or other agreement with any political subdivision,
1859	agency, or instrumentality of the state or any federal agency,
1860	corporation, or individual for the purpose of carrying out the
1861	provisions of this part.
1862	348.9961  Covenant of the state.-The state does hereby
1863	pledge to and agrees with any person, firm, or corporation or
1864	federal or state agency subscribing to or acquiring the bonds to
1865	be issued by the authority for the purposes of this part that
1866	the state will not limit or alter the rights hereby vested in
1867	the authority and the department until all bonds at any time
1868	issued together with the interest thereon are fully paid and
1869	discharged insofar as the same affects the rights of the holders
1870	of bonds issued hereunder. The state does further pledge to and
1871	agree with the United States that in the event any federal
1872	agency shall construct or contribute any funds for the
1873	completion, extension, or improvement of the Osceola County
1874	Expressway System, or any part or portion thereof, the state
1875	will not alter or limit the rights and powers of the authority
1876	and the department in any manner which would be inconsistent
1877	with the continued maintenance and operation of the Osceola
1878	County Expressway System or the completion, extension, or
1879	improvement thereof or which would be inconsistent with the due
1880	performance of any agreements between the authority and any such
1881	federal agency. The authority and the department shall continue
1882	to have and may exercise all powers herein granted so long as
1883	the same shall be necessary or desirable for the carrying out of
1884	the purposes of this part and the purposes of the United States
1885	in the completion, extension, or improvement of the Osceola
1886	County Expressway System or any part or portion thereof.
1887	348.9962  Exemption from taxation.-The effectuation of the
1888	authorized purposes of the authority created under this part is
1889	and shall be in all respects for the benefit of the people of
1890	the state, for the increase of their commerce and prosperity,
1891	and for the improvement of their health and living conditions;
1892	and, since the authority will be performing essential
1893	governmental functions in effectuating such purposes, the
1894	authority is not required to pay any taxes or assessments of any
1895	kind or nature whatsoever upon any property acquired or used by
1896	it for such purposes or upon any rates, fees, rentals, receipts,
1897	income, or charges at any time received by it; and the bonds
1898	issued by the authority, their transfer, and the income
1899	therefrom, including any profits made on the sale thereof, shall
1900	at all times be free from taxation of any kind by the state or
1901	by any political subdivision or taxing agency or instrumentality
1902	thereof. This section does not apply to any tax imposed by
1903	chapter 220 on interest, income, or profits on debt obligations
1904	owned by corporations.
1905	348.9963  Eligibility for investments and security.-Any
1906	bonds or other obligations issued pursuant to this part shall be
1907	and constitute legal investments for banks, savings banks,
1908	trustees, executors, administrators, and all other fiduciaries
1909	and for all state, municipal, and other public funds and shall
1910	also be and constitute securities eligible for deposit as
1911	security for all state, municipal, or other public funds,
1912	notwithstanding the provisions of any other law or laws to the
1913	contrary.
1914	348.9964  Pledges enforceable by bondholders.-It is the
1915	express intention of this part that any pledge by the department
1916	of rates, fees, revenues, Osceola County gasoline tax funds, or
1917	other funds, as rentals, to the authority, or any covenants or
1918	agreements relative thereto, may be enforceable in any court of
1919	competent jurisdiction against the authority or directly against
1920	the department by any holder of bonds issued by the authority.
1921	348.9965  This part complete and additional authority.-
1922	(1)  The powers conferred by this part are in addition and
1923	supplemental to the existing powers of the State Board of
1924	Administration and the department, and this part does not repeal
1925	any provision of any other law, general, special, or local, but
1926	supersedes such a provision to the extent of any conflict in the
1927	exercise of the powers provided in this part and to provide a
1928	complete method for the exercise of the powers granted in this
1929	part. The extension and improvement of the system and the
1930	issuance of bonds under this part to finance all or part of the
1931	cost of the system may be accomplished upon compliance with the
1932	provisions of this part without regard to or necessity for
1933	compliance with the provisions, limitations, or restrictions
1934	contained in any other general, special, or local law,
1935	including, but not limited to, s. 215.821. The issuance of bonds
1936	pursuant to this part does not require approval by the qualified
1937	electors or qualified electors who are freeholders in the state
1938	or in Osceola County or in any other political subdivision of
1939	the state.
1940	(2)  This part does not repeal, rescind, or modify the
1941	Osceola County Charter and does not repeal, rescind, or modify
1942	any other law relating to the department, the State Board of
1943	Administration, or the Division of Bond Finance of the State
1944	Board of Administration but supersedes any such law to the
1945	extent of any conflict with this part, including, but not
1946	limited to, s. 215.821.
1947	348.9966  Osceola County auditor.-In addition to other
1948	financial requirements provided by this part or by general law,
1949	the Office of the Osceola County Commission Auditor as created
1950	in Article II, section 2.3 of the Osceola County Home Rule
1951	Charter may conduct financial and compliance, economy and
1952	efficiency, and performance audits of the authority with written
1953	reports to be submitted to the authority and the governing body
1954	of Osceola County.
1955	348.9967  Automatic dissolution.-If, prior to January 1,
1956	2020, the authority has not encumbered any funds to further its
1957	purposes and powers as authorized in s. 348.9953 to establish
1958	the system, the authority is dissolved.
1959	Section 29.  Subsections (2) and (5) and paragraph (b) of
1960	subsection (9) of section 373.41492, Florida Statutes, are
1961	amended to read:
1962	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1963	mitigation for mining activities within the Miami-Dade County
1964	Lake Belt.-
1965	(2)  To provide for the mitigation of wetland resources
1966	lost to mining activities within the Miami-Dade County Lake Belt
1967	Plan, effective October 1, 1999, a mitigation fee is imposed on
1968	each ton of limerock and sand extracted by any person who
1969	engages in the business of extracting limerock or sand from
1970	within the Miami-Dade County Lake Belt Area and the east one-
1971	half of sections 24 and 25 and all of sections 35 and 36,
1972	Township 53 South, Range 39 East. The mitigation fee is imposed
1973	for each ton of limerock and sand sold from within the
1974	properties where the fee applies in raw, processed, or
1975	manufactured form, including, but not limited to, sized
1976	aggregate, asphalt, cement, concrete, and other limerock and
1977	concrete products. The mitigation fee imposed by this subsection
1978	for each ton of limerock and sand sold shall be 12 cents per ton
1979	beginning January 1, 2007; 18 cents per ton beginning January 1,
1980	2008; and 24 cents per ton beginning January 1, 2009; and 45
1981	cents per ton beginning January 1, 2011. To upgrade a water
1982	treatment plant that treats water coming from the Northwest
1983	Wellfield in Miami-Dade County, a water treatment plant upgrade
1984	fee is imposed within the same Lake Belt Area subject to the
1985	mitigation fee and upon the same kind of mined limerock and sand
1986	subject to the mitigation fee. The water treatment plant upgrade
1987	fee imposed by this subsection for each ton of limerock and sand
1988	sold shall be 15 cents per ton beginning on January 1, 2007, and
1989	the collection of this fee shall cease once the total amount of
1990	proceeds collected for this fee reaches the amount of the actual
1991	moneys necessary to design and construct the water treatment
1992	plant upgrade, as determined in an open, public solicitation
1993	process. Any limerock or sand that is used within the mine from
1994	which the limerock or sand is extracted is exempt from the fees.
1995	The amount of the mitigation fee and the water treatment plant
1996	upgrade fee imposed under this section must be stated separately
1997	on the invoice provided to the purchaser of the limerock or sand
1998	product from the limerock or sand miner, or its subsidiary or
1999	affiliate, for which the fee or fees apply. The limerock or sand
2000	miner, or its subsidiary or affiliate, who sells the limerock or
2001	sand product shall collect the mitigation fee and the water
2002	treatment plant upgrade fee and forward the proceeds of the fees
2003	to the Department of Revenue on or before the 20th day of the
2004	month following the calendar month in which the sale occurs.
2005	(5)  Each January 1, beginning January 1, 2010, through
2006	December 31, 2011 and each January 1 thereafter, the per-ton
2007	mitigation fee shall be increased by 2.1 percentage points, plus
2008	a cost growth index. The cost growth index shall be the
2009	percentage change in the weighted average of the Employment Cost
2010	Index for All Civilian Workers (ecu 10001I), issued by the
2011	United States Department of Labor for the most recent 12-month
2012	period ending on September 30, and the percentage change in the
2013	Producer Price Index for All Commodities (WPU 00000000), issued
2014	by the United States Department of Labor for the most recent 12-
2015	month period ending on September 30, compared to the weighted
2016	average of these indices for the previous year. The weighted
2017	average shall be calculated as 0.6 times the percentage change
2018	in the Employment Cost Index for All Civilian Workers (ecu
2019	10001I), plus 0.4 times the percentage change in the Producer
2020	Price Index for All Commodities (WPU 00000000). If either index
2021	is discontinued, it shall be replaced by its successor index, as
2022	identified by the United States Department of Labor.
2023	(9)
2024	(b)  No sooner than January 31, 2010, and no more
2025	frequently than every 2 5 years thereafter, the interagency
2026	committee shall submit to the Legislature a report recommending
2027	any needed adjustments to the mitigation fee, including the
2028	annual escalator provided for in subsection (5), to ensure that
2029	the revenue generated reflects the actual costs of the
2030	mitigation.
2031	Section 30.  Subsection (1) of section 403.4131, Florida
2032	Statutes, is amended to read:
2033	403.4131  Litter control.-
2034	(1)  The Department of Transportation shall establish an
2035	"adopt-a-highway" program to allow local organizations to be
2036	identified with specific highway cleanup and highway
2037	beautification projects authorized under s. 339.2405. The
2038	department shall report to the Governor and the Legislature on
2039	the progress achieved and the savings incurred by the "adopt-a-
2040	highway" program. The department shall also monitor and report
2041	on compliance with the provisions of the adopt-a-highway program
2042	to ensure that organizations participating that participate in
2043	the program comply with the goals identified by the department.
2044	Section 31.  Section 479.01, Florida Statutes, is amended
2045	to read:
2046	479.01  Definitions.-As used in this chapter, the term:
2047	(1)  "Allowable uses" means those uses that are authorized
2048	within a zoning category without the requirement to obtain a
2049	variance or waiver. The term includes conditional uses and those
2050	allowed by special exception, but does not include uses that are
2051	accessory, incidental to the allowable uses, or allowed only on
2052	a temporary basis.
2053	(2)(1)  "Automatic changeable facing" means a facing that
2054	is capable of delivering two or more advertising messages
2055	through an automated or remotely controlled process.
2056	(3)(2)  "Business of outdoor advertising" means the
2057	business of constructing, erecting, operating, using,
2058	maintaining, leasing, or selling outdoor advertising structures,
2059	outdoor advertising signs, or outdoor advertisements.
2060	(4)(3)  "Commercial or industrial zone" means a parcel of
2061	land designated for commercial or industrial use under both the
2062	future land use map of the comprehensive plan and the land use
2063	development regulations adopted pursuant to chapter 163. If a
2064	parcel is located in an area designated for multiple uses on the
2065	future land use map of a comprehensive plan and the zoning
2066	category of the land development regulations does do not
2067	specifically clearly designate that parcel for commercial or
2068	industrial uses a specific use, the area will be considered an
2069	unzoned commercial or industrial area if it meets the criteria
2070	of subsection (26) (23).
2071	(5)  "Commercial use" means activities associated with the
2072	sale, rental, or distribution of products or the performance of
2073	services. The term includes, without limitation, such uses or
2074	activities as retail sales; wholesale sales; rentals of
2075	equipment, goods, or products; offices; restaurants; food
2076	service vendors; sports arenas; theaters; and tourist
2077	attractions.
2078	(6)(4)  "Controlled area" means shall mean 660 feet or less
2079	from the nearest edge of the right-of-way of any portion of the
2080	State Highway System, interstate, or federal-aid primary system
2081	and beyond 660 feet of the nearest edge of the right-of-way of
2082	any portion of the State Highway System, interstate, or federal-
2083	aid primary system outside an urban area.
2084	(7)(5)  "Department" means the Department of
2085	Transportation.
2086	(8)(6)  "Erect" means to construct, build, raise, assemble,
2087	place, affix, attach, create, paint, draw, or in any other way
2088	bring into being or establish; but it does not include any of
2089	the foregoing activities when performed as an incident to the
2090	change of advertising message or customary maintenance or repair
2091	of a sign.
2092	(9)(7)  "Federal-aid primary highway system" means the
2093	existing, unbuilt, or unopened system of highways or portions
2094	thereof, which shall include the National Highway System,
2095	designated as the federal-aid primary highway system by the
2096	department.
2097	(10)(8)  "Highway" means any road, street, or other way
2098	open or intended to be opened to the public for travel by motor
2099	vehicles.
2100	(11)  "Industrial use" means activities associated with the
2101	manufacture, assembly, processing, or storage of products or the
2102	performance of services relating thereto. The term includes,
2103	without limitation, such uses or activities as automobile
2104	manufacturing or repair, boat manufacturing or repair, junk
2105	yards, meat packing facilities, citrus processing and packing
2106	facilities, produce processing and packing facilities,
2107	electrical generating plants, water treatment plants, sewage
2108	treatment plants, and solid waste disposal sites.
2109	(12)(9)  "Interstate highway system" means the existing,
2110	unbuilt, or unopened system of highways or portions thereof
2111	designated as the national system of interstate and defense
2112	highways by the department.
2113	(13)(10)  "Main-traveled way" means the traveled way of a
2114	highway on which through traffic is carried. In the case of a
2115	divided highway, the traveled way of each of the separate
2116	roadways for traffic in opposite directions is a main-traveled
2117	way. It does not include such facilities as frontage roads,
2118	turning roadways, or parking areas.
2119	(14)(11)  "Maintain" means to allow to exist.
2120	(15)(12)  "Motorist services directional signs" means signs
2121	providing directional information about goods and services in
2122	the interest of the traveling public where such signs were
2123	lawfully erected and in existence on or before May 6, 1976, and
2124	continue to provide directional information to goods and
2125	services in a defined area.
2126	(16)(13)  "New highway" means the construction of any road,
2127	paved or unpaved, where no road previously existed or the act of
2128	paving any previously unpaved road.
2129	(17)(14)  "Nonconforming sign" means a sign which was
2130	lawfully erected but which does not comply with the land use,
2131	setback, size, spacing, and lighting provisions of state or
2132	local law, rule, regulation, or ordinance passed at a later date
2133	or a sign which was lawfully erected but which later fails to
2134	comply with state or local law, rule, regulation, or ordinance
2135	due to changed conditions.
2136	(18)(15)  "Premises" means all the land areas under
2137	ownership or lease arrangement to the sign owner which are
2138	contiguous to the business conducted on the land except for
2139	instances where such land is a narrow strip contiguous to the
2140	advertised activity or is connected by such narrow strip, the
2141	only viable use of such land is to erect or maintain an
2142	advertising sign. When the sign owner is a municipality or
2143	county, "premises" shall mean all lands owned or leased by such
2144	municipality or county within its jurisdictional boundaries as
2145	set forth by law.
2146	(19)(16)  "Remove" means to disassemble, transport from the
2147	site, and dispose of sign materials by sale or destruction.
2148	(20)(17)  "Sign" means any combination of structure and
2149	message in the form of an outdoor sign, display, device, figure,
2150	painting, drawing, message, placard, poster, billboard,
2151	advertising structure, advertisement, logo, symbol, or other
2152	form, whether placed individually or on a V-type, back-to-back,
2153	side-to-side, stacked, or double-faced display or automatic
2154	changeable facing, designed, intended, or used to advertise or
2155	inform, any part of the advertising message or informative
2156	contents of which is visible from any place on the main-traveled
2157	way. The term does not include an official traffic control sign,
2158	official marker, or specific information panel erected, caused
2159	to be erected, or approved by the department.
2160	(21)(18)  "Sign direction" means that direction from which
2161	the message or informative contents are most visible to oncoming
2162	traffic on the main-traveled way.
2163	(22)(19)  "Sign face" means the part of the sign, including
2164	trim and background, which contains the message or informative
2165	contents.
2166	(23)(20)  "Sign facing" includes all sign faces and
2167	automatic changeable faces displayed at the same location and
2168	facing the same direction.
2169	(24)(21)  "Sign structure" means all the interrelated parts
2170	and material, such as beams, poles, and stringers, which are
2171	constructed for the purpose of supporting or displaying a
2172	message or informative contents.
2173	(25)(22)  "State Highway System" means the existing,
2174	unbuilt, or unopened system of highways or portions thereof
2175	designated as the State Highway System by the department.
2176	(26)(23)  "Unzoned commercial or industrial area" means a
2177	parcel of land designated by the future land use map of the
2178	comprehensive plan for multiple uses that include commercial or
2179	industrial uses but are not specifically designated for
2180	commercial or industrial uses under the land development
2181	regulations, in which three or more separate and distinct
2182	conforming industrial or commercial activities are located.
2183	(a)  These activities must satisfy the following criteria:
2184	1.  At least one of the commercial or industrial activities
2185	must be located on the same side of the highway and within 800
2186	feet of the sign location;
2187	2.  The commercial or industrial activities must be within
2188	660 feet from the nearest edge of the right-of-way; and
2189	3.  The commercial industrial activities must be within
2190	1,600 feet of each other.
2191
2192	Distances specified in this paragraph must be measured from the
2193	nearest outer edge of the primary building or primary building
2194	complex when the individual units of the complex are connected
2195	by covered walkways.
2196	(b)  Certain activities, including, but not limited to, the
2197	following, may not be so recognized as commercial or industrial
2198	activities:
2199	1.  Signs.
2200	2.  Agricultural, forestry, ranching, grazing, farming, and
2201	related activities, including, but not limited to, wayside fresh
2202	produce stands.
2203	3.  Transient or temporary activities.
2204	4.  Activities not visible from the main-traveled way.
2205	5.  Activities conducted more than 660 feet from the
2206	nearest edge of the right-of-way.
2207	6.  Activities conducted in a building principally used as
2208	a residence.
2209	7.  Railroad tracks and minor sidings.
2210	8.  Communication towers.
2211	(27)(24)  "Urban area" has the same meaning as defined in
2212	s. 334.03(29)(32).
2213	(28)(25)  "Visible commercial or industrial activity" means
2214	a commercial or industrial activity that is capable of being
2215	seen without visual aid by a person of normal visual acuity from
2216	the main-traveled way and that is generally recognizable as
2217	commercial or industrial.
2218	(29)(26)  "Visible sign" means that the advertising message
2219	or informative contents of a sign, whether or not legible, is
2220	capable of being seen without visual aid by a person of normal
2221	visual acuity.
2222	(30)(27)  "Wall mural" means a sign that is a painting or
2223	an artistic work composed of photographs or arrangements of
2224	color and that displays a commercial or noncommercial message,
2225	relies solely on the side of the building for rigid structural
2226	support, and is painted on the building or depicted on vinyl,
2227	fabric, or other similarly flexible material that is held in
2228	place flush or flat against the surface of the building. The
2229	term excludes a painting or work placed on a structure that is
2230	erected for the sole or primary purpose of signage.
2231	(31)  "Zoning category" means the designation under the
2232	Land Development Regulations (LDR) or other similar ordinance
2233	enacted to regulate the use of land as provided in s.
2234	163.3202(2)(b), which designation sets forth the allowable uses,
2235	restrictions, and limitations on use applicable to properties
2236	within the category.
2237	Section 32.  Sections 479.01, 479.015, 479.02, 479.03,
2238	479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2239	479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2240	479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2241	are designated as part I of chapter 479, Florida Statutes, and
2242	entitled "General Provisions."
2243	Section 33.  Sections 479.261, 479.262, 479.27, 479.28, and
2244	479.30, Florida Statutes, are designated as part II of chapter
2245	479, Florida Statutes, and entitled "Special Programs."
2246	Section 34.  Part III of chapter 479, Florida Statutes,
2247	consisting of sections 479.310, 479.311, 479.312, 479.313, and
2248	479.315, is created to read:
2249	PART III
2250	SIGN REMOVAL
2251	479.310  Unpermitted and illegal signs; intent.-It is the
2252	intent of this part to relieve the department from the financial
2253	burden incurred in the removal of unpermitted and illegal signs
2254	located within the right-of-way of and controlled areas adjacent
2255	to the State Highway System, interstate highway system, and
2256	federal-aid primary highway system; to place the financial
2257	responsibility for the cost of such removal directly upon those
2258	benefiting from the location and operation of such unpermitted
2259	and illegal signs; and to provide clear authority to the
2260	department for the recovery of cost incurred by the department
2261	in the removal of such unpermitted and illegal signs.
2262	479.311  Jurisdiction; venue.-The county court shall have
2263	jurisdiction concurrent with the circuit court to consider
2264	claims filed by the department in amounts which are within their
2265	jurisdictional limitations. For the purposes of a claim filed by
2266	the department to recover its cost as provided in this section,
2267	venue shall be Leon County.
2268	479.312  Unpermitted signs; cost of removal.-All costs
2269	incurred by the department in connection with the removal of a
2270	sign located within a controlled area adjacent to the State
2271	Highway System, interstate highway system, or federal-aid
2272	primary highway system which has not been issued a permit under
2273	part I shall be assessed against and collected from the owner of
2274	the sign, the advertiser displayed on the sign, or the owner of
2275	the property upon which the sign is located. For the purposes of
2276	this section, a sign that does not display the name of the sign
2277	owner shall be presumed to be owned by the owner of the property
2278	upon which the sign is located.
2279	479.313  Permit revocation; cost of removal.-All costs
2280	incurred by the department in connection with the removal of a
2281	sign located within a controlled area adjacent to the State
2282	Highway System, interstate highway system, or federal-aid
2283	primary highway system following the revocation of the permit
2284	for such sign shall be assessed against and collected from the
2285	permittee.
2286	479.315  Highway rights-of way; cost of sign removal.-All
2287	cost incurred by the department in connection with the removal
2288	of a sign located within the right-of-way of the State Highway
2289	System, interstate highway system, or federal-aid primary
2290	highway system shall be assessed against and collected from the
2291	owner of the sign or the advertiser displayed on the sign.
2292	Section 35.  Section 705.18, Florida Statutes, is amended
2293	to read:
2294	705.18  Disposal of personal property lost or abandoned on
2295	university or community college campuses or certain public-use
2296	airports; disposition of proceeds from sale thereof.-
2297	(1)  Whenever any lost or abandoned personal property shall
2298	be found on a campus of an institution in the State University
2299	System or a campus of a state-supported community college, or on
2300	premises owned or controlled by the operator of a public-use
2301	airport having regularly scheduled international passenger
2302	service, the president of the institution or the president's
2303	designee or the director of the airport or the director's
2304	designee shall take charge of the property thereof and make a
2305	record of the date such property was found. If, within 30 days
2306	after such property is found, or a longer period of time as may
2307	be deemed appropriate by the president or the director under the
2308	circumstances, the property it is not claimed by the owner, the
2309	president or director shall order it sold at public outcry after
2310	giving notice of the time and place of sale in a publication of
2311	general circulation on the campus of such institution or within
2312	the county where the airport is located and written notice to
2313	the owner if known. The rightful owner of such property may
2314	reclaim the same at any time prior to sale.
2315	(2)  All moneys realized from such institution's sale shall
2316	be placed in an appropriate fund and used solely for student
2317	scholarship and loan purposes. All moneys realized from such
2318	sale by an airport, less its costs of storage, transportation,
2319	and publication of notice, shall, unless another use is required
2320	by federal law, be deposited into the state school fund.
2321	Section 36.  Section 705.182, Florida Statutes, is created
2322	to read:
2323	705.182  Disposal of personal property found on the
2324	premises of public-use airports.-
2325	(1)  Whenever any personal property, other than an aircraft
2326	or motor vehicle, is found on premises owned or controlled by
2327	the operator of a public-use airport, the director of the
2328	airport or the director's designee shall take charge of the
2329	property and make a record of the date such property was found.
2330	(2)  If, within 30 calendar days after such property is
2331	found or for a longer period of time as may be deemed
2332	appropriate by the director or the director's designee under the
2333	circumstances, the property is not claimed by the owner, the
2334	director or the director's designee may:
2335	(a)  Retain any or all of the property for use by the
2336	airport or for use by the state or the unit of local government
2337	owning or operating the airport;
2338	(b)  Trade such property to another unit of local
2339	government or a state agency;
2340	(c)  Donate the property to a charitable organization;
2341	(d)  Sell the property; or
2342	(e)  Dispose of the property through an appropriate refuse
2343	removal company or a company that provides salvage services for
2344	the type of personal property found or located on the airport
2345	premises.
2346	(3)  The airport shall notify the owner, if known, of the
2347	property found on the airport premises and that the airport
2348	intends to dispose of the property as provided in subsection
2349	(2).
2350	(4)  If the airport elects to sell the property under
2351	paragraph (2)(d), the property must be sold at a public auction
2352	either on the Internet or at a specified physical location after
2353	giving notice of the time and place of sale, at least 10
2354	calendar days prior to the date of sale, in a publication of
2355	general circulation within the county where the airport is
2356	located and after written notice, via certified mail, return
2357	receipt requested, is provided to the owner, if known. Any such
2358	notice shall be sufficient if the notice refers to the airport's
2359	intention to sell all then-accumulated found property, and there
2360	is no requirement that the notice identify each item to be sold.
2361	The rightful owner of such property may reclaim the property at
2362	any time prior to sale by presenting acceptable evidence of
2363	ownership to the airport director or the director's designee.
2364	All proceeds from the sale of the property shall be retained by
2365	the airport for use by the airport in any lawfully authorized
2366	manner.
2367	(5)  Nothing in this section shall preclude the airport
2368	from allowing a domestic or international air carrier or other
2369	tenant, on premises owned or controlled by the operator of a
2370	public-use airport, to establish its own lost and found
2371	procedures for personal property and to dispose of such personal
2372	property.
2373	(6)  A purchaser or recipient in good faith of personal
2374	property sold or obtained under this section shall take the
2375	property free of the rights of persons then holding any legal or
2376	equitable interest thereto, whether or not recorded.
2377	Section 37.  Section 705.183, Florida Statutes, is created
2378	to read:
2379	705.183  Disposal of derelict or abandoned aircraft on the
2380	premises of public-use airports.-
2381	(1)(a)  Whenever any derelict or abandoned aircraft is
2382	found or located on premises owned or controlled by the operator
2383	of a public-use airport, whether or not such premises are under
2384	a lease or license to a third party, the director of the airport
2385	or the director's designee shall make a record of the date the
2386	aircraft was found or determined to be present on the airport
2387	premises.
2388	(b)  For purposes of this section, the term:
2389	1.  "Abandoned aircraft" means an aircraft that has been
2390	disposed of on a public-use airport in a wrecked, inoperative,
2391	or partially dismantled condition or an aircraft that has
2392	remained in an idle state on premises owned or controlled by the
2393	operator of a public-use airport for 45 consecutive calendar
2394	days.
2395	2.  "Derelict aircraft" means any aircraft that is not in a
2396	flyable condition, does not have a current certificate of air
2397	worthiness issued by the Federal Aviation Administration, and is
2398	not in the process of actively being repaired.
2399	(2)  The director or the director's designee shall contact
2400	the Federal Aviation Administration, Aircraft Registration
2401	Branch, to determine the name and address of the last registered
2402	owner of the aircraft and shall make a diligent personal search
2403	of the appropriate records, or contact an aircraft title search
2404	company, to determine the name and address of any person having
2405	an equitable or legal interest in the aircraft. Within 10
2406	business days after receipt of the information, the director or
2407	the director's designee shall notify the owner and all persons
2408	having an equitable or legal interest in the aircraft by
2409	certified mail, return receipt requested, of the location of the
2410	derelict or abandoned aircraft on the airport premises, that
2411	fees and charges for the use of the airport by the aircraft have
2412	accrued and the amount thereof, that the aircraft is subject to
2413	a lien under subsection (5) for the accrued fees and charges for
2414	the use of the airport and for the transportation, storage, and
2415	removal of the aircraft, that the lien is subject to enforcement
2416	pursuant to law, and that the airport may cause the use, trade,
2417	sale, or removal of the aircraft as described in s.
2418	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2419	after the date of receipt of such notice, the aircraft has not
2420	been removed from the airport upon payment in full of all
2421	accrued fees and charges for the use of the airport and for the
2422	transportation, storage, and removal of the aircraft. Such
2423	notice may require removal of the aircraft in less than 30
2424	calendar days if the aircraft poses a danger to the health or
2425	safety of users of the airport, as determined by the director or
2426	the director's designee.
2427	(3)  If the owner of the aircraft is unknown or cannot be
2428	found, the director or the director's designee shall cause a
2429	laminated notice to be placed upon such aircraft in
2430	substantially the following form:
2431
2432	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2433	PROPERTY. This property, to wit: ...(setting forth brief
2434	description)... is unlawfully upon public property known as
2435	...(setting forth brief description of location)... and has
2436	accrued fees and charges for the use of the ...(same description
2437	of location as above)... and for the transportation, storage,
2438	and removal of the property. These accrued fees and charges must
2439	be paid in full and the property must be removed within 30
2440	calendar days after the date of this notice; otherwise, the
2441	property will be removed and disposed of pursuant to chapter
2442	705, Florida Statutes. The property is subject to a lien for all
2443	accrued fees and charges for the use of the public property
2444	known as ...(same description of location as above)... by such
2445	property and for all fees and charges incurred by the public
2446	property known as ...(same description of location as above)...
2447	for the transportation, storage, and removal of the property.
2448	This lien is subject to enforcement pursuant to law. The owner
2449	will be liable for such fees and charges, as well as the cost
2450	for publication of this notice. Dated this: ...(setting forth
2451	the date of posting of notice)..., signed: ...(setting forth
2452	name, title, address, and telephone number of law enforcement
2453	officer)....
2454
2455	Such notice shall be not less than 8 inches by 10 inches and
2456	shall be sufficiently weatherproof to withstand normal exposure
2457	to the weather. If, at the end of 30 calendar days after posting
2458	the notice, the owner or any person interested in the described
2459	derelict or abandoned aircraft has not removed the aircraft from
2460	the airport upon payment in full of all accrued fees and charges
2461	for the use of the airport and for the transportation, storage,
2462	and removal of the aircraft, or shown reasonable cause for
2463	failure to do so, the director or the director's designee may
2464	cause the use, trade, sale, or removal of the aircraft as
2465	described in s. 705.182(2)(a), (b), (d), or (e).
2466	(4)  Such aircraft shall be removed within the time period
2467	specified in the notice provided under subsection (2) or
2468	subsection (3). If, at the end of such period of time, the owner
2469	or any person interested in the described derelict or abandoned
2470	aircraft has not removed the aircraft from the airport upon
2471	payment in full of all accrued fees and charges for the use of
2472	the airport and for the transportation, storage, and removal of
2473	the aircraft, or shown reasonable cause for the failure to do
2474	so, the director or the director's designee may cause the use,
2475	trade, sale, or removal of the aircraft as described in s.
2476	705.182(2)(a), (b), (d), or (e).
2477	(a)  If the airport elects to sell the aircraft in
2478	accordance with s. 705.182(2)(d), the aircraft must be sold at
2479	public auction after giving notice of the time and place of
2480	sale, at least 10 calendar days prior to the date of sale, in a
2481	publication of general circulation within the county where the
2482	airport is located and after providing written notice of the
2483	intended sale to all parties known to have an interest in the
2484	aircraft.
2485	(b)  If the airport elects to dispose of the aircraft in
2486	accordance with s. 705.182(2)(e), the airport shall be entitled
2487	to negotiate with the company for a price to be received from
2488	such company in payment for the aircraft, or, if circumstances
2489	so warrant, a price to be paid to such company by the airport
2490	for the costs of disposing of the aircraft. All information
2491	pertaining to the establishment of such price and the
2492	justification for the amount of such price shall be prepared and
2493	maintained by the airport, and such negotiated price shall be
2494	deemed to be a commercially reasonable price.
2495	(c)  If the sale price or the negotiated price is less than
2496	the airport's then current charges and costs against the
2497	aircraft, or if the airport is required to pay the salvage
2498	company for its services, the owner of the aircraft shall remain
2499	liable to the airport for the airport's costs that are not
2500	offset by the sale price or negotiated price, in addition to the
2501	owner's liability for payment to the airport of the price the
2502	airport was required to pay any salvage company. All costs
2503	incurred by the airport in the removal, storage, and sale of any
2504	aircraft shall be recoverable against the owner of the aircraft.
2505	(5)  The airport shall have a lien on a derelict or
2506	abandoned aircraft for all fees and charges for the use of the
2507	airport by such aircraft and for all fees and charges incurred
2508	by the airport for the transportation, storage, and removal of
2509	the aircraft. As a prerequisite to perfecting a lien under this
2510	section, the airport director or the director's designee must
2511	serve a notice in accordance with subsection (2) on the last
2512	registered owner and all persons having an equitable or legal
2513	interest in the aircraft. Serving the notice does not dispense
2514	with recording the claim of lien.
2515	(6)(a)  For the purpose of perfecting its lien under this
2516	section, the airport shall record a claim of lien which shall
2517	state:
2518	1.  The name and address of the airport.
2519	2.  The name of the last registered owner of the aircraft
2520	and all persons having a legal or equitable interest in the
2521	aircraft.
2522	3.  The fees and charges incurred by the aircraft for the
2523	use of the airport and the fees and charges for the
2524	transportation, storage, and removal of the aircraft.
2525	4.  A description of the aircraft sufficient for
2526	identification.
2527	(b)  The claim of lien shall be signed and sworn to or
2528	affirmed by the airport director or the director's designee.
2529	(c)  The claim of lien shall be sufficient if it is in
2530	substantially the following form:
2531
2532	CLAIM OF LIEN
2533	State of ______
2534	County of ______
2535	Before me, the undersigned notary public, personally appeared
2536	______, who was duly sworn and says that he/she is the
2537	________of ________, whose address is________; and that the
2538	following described aircraft:
2539	...(Description of aircraft)...
2540	owned by __________, whose address is ____________, has accrued
2541	$___________in fees and charges for the use by the aircraft of
2542	______________ and for the transportation, storage, and removal
2543	of the aircraft from _______________; that the lienor served its
2544	notice to the last registered owner and all persons having a
2545	legal or equitable interest in the aircraft on ____,
2546	...(year)..., by________.
2547	...(Signature)...
2548	Sworn to (or affirmed) and subscribed before me this _____day
2549	of___, ...(year)..., by ...(name of person making statement)....
2550	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2551	Commissioned name of Notary Public)...
2552	Personally Known___OR Produced_____as identification.
2553
2554	However, the negligent inclusion or omission of any information
2555	in this claim of lien which does not prejudice the last
2556	registered owner does not constitute a default that operates to
2557	defeat an otherwise valid lien.
2558	(d)  The claim of lien shall be served on the last
2559	registered owner of the aircraft and all persons having an
2560	equitable or legal interest in the aircraft. The claim of lien
2561	shall be so served before recordation.
2562	(e)  The claim of lien shall be recorded with the clerk of
2563	court in the county where the airport is located. The recording
2564	of the claim of lien shall be constructive notice to all persons
2565	of the contents and effect of such claim. The lien shall attach
2566	at the time of recordation and shall take priority as of that
2567	time.
2568	(7)  A purchaser or recipient in good faith of an aircraft
2569	sold or obtained under this section takes the property free of
2570	the rights of persons then holding any legal or equitable
2571	interest to the aircraft, whether or not recorded. The purchaser
2572	or recipient is required to notify the appropriate Federal
2573	Aviation Administration office of such change in the registered
2574	owner of the aircraft.
2575	(8)  If the aircraft is sold at public sale, the airport
2576	shall deduct from the proceeds of sale the costs of
2577	transportation, storage, publication of notice, and all other
2578	costs reasonably incurred by the airport, and any balance of the
2579	proceeds shall be deposited into an interest-bearing account not
2580	later than 30 calendar days after the airport's receipt of the
2581	proceeds and held there for 1 year. The rightful owner of the
2582	aircraft may claim the balance of the proceeds within 1 year
2583	after the date of the deposit by making application to the
2584	airport and presenting acceptable written evidence of ownership
2585	to the airport's director or the director's designee. If no
2586	rightful owner claims the proceeds within the 1-year period, the
2587	balance of the proceeds shall be retained by the airport to be
2588	used in any manner authorized by law.
2589	(9)  Any person acquiring a legal interest in an aircraft
2590	that is sold by an airport under this section or s. 705.182
2591	shall be the lawful owner of such aircraft and all other legal
2592	or equitable interests in such aircraft shall be divested and of
2593	no further force and effect, provided that the holder of any
2594	such legal or equitable interests was notified of the intended
2595	disposal of the aircraft to the extent required in this section.
2596	The airport may issue documents of disposition to the purchaser
2597	or recipient of an aircraft disposed of under this section.
2598	Section 38.  Section 705.184, Florida Statutes, is created
2599	to read:
2600	705.184  Derelict or abandoned motor vehicles on the
2601	premises of public-use airports.-
2602	(1)(a)  Whenever any derelict or abandoned motor vehicle is
2603	found on premises owned or controlled by the operator of a
2604	public-use airport, including airport premises leased to a third
2605	party, the director of the airport or the director's designee
2606	may take charge of the motor vehicle and make a record of the
2607	date such motor vehicle was found.
2608	(b)  For purposes of this section, the term:
2609	1.  "Abandoned motor vehicle" means a motor vehicle that
2610	has been disposed of on a public-use airport in a wrecked,
2611	inoperative, or partially dismantled condition or a motor
2612	vehicle that has remained in an idle state on the premises of a
2613	public-use airport for 45 consecutive calendar days.
2614	2.  "Derelict motor vehicle" means any motor vehicle that
2615	is not in a drivable condition.
2616	(c)  After the information relating to the abandoned or
2617	derelict motor vehicle is recorded in the airport's records, the
2618	director or the director's designee may cause the motor vehicle
2619	to be removed from airport premises by the airport's wrecker or
2620	by a licensed independent wrecker company to be stored at a
2621	suitable location on or off the airport premises. If the motor
2622	vehicle is to be removed from airport premises by the airport's
2623	wrecker, the airport must follow the procedures in subsections
2624	(2)-(8). The procedures in subsections (2)-(8) do not apply if
2625	the motor vehicle is removed from the airport premises by a
2626	licensed independent wrecker company.
2627	(2)  The airport director or the director's designee shall
2628	contact the Department of Highway Safety and Motor Vehicles to
2629	notify that department that the airport has possession of the
2630	abandoned or derelict motor vehicle and to determine the name
2631	and address of the owner of the motor vehicle, the insurance
2632	company insuring the motor vehicle, notwithstanding the
2633	provisions of s. 627.736, and any person who has filed a lien on
2634	the motor vehicle. Within 7 business days after receipt of the
2635	information, the director or the director's designee shall send
2636	notice by certified mail, return receipt requested, to the owner
2637	of the motor vehicle, the insurance company insuring the motor
2638	vehicle, notwithstanding the provisions of s. 627.736, and all
2639	persons of record claiming a lien against the motor vehicle. The
2640	notice shall state the fact of possession of the motor vehicle,
2641	that charges for reasonable towing, storage, and parking fees,
2642	if any, have accrued and the amount thereof, that a lien as
2643	provided in subsection (6) will be claimed, that the lien is
2644	subject to enforcement pursuant to law, that the owner or
2645	lienholder, if any, has the right to a hearing as set forth in
2646	subsection (4), and that any motor vehicle which, at the end of
2647	30 calendar days after receipt of the notice, has not been
2648	removed from the airport upon payment in full of all accrued
2649	charges for reasonable towing, storage, and parking fees, if
2650	any, may be disposed of as provided in s. 705.182(2)(a), (b),
2651	(d), or (e), including, but not limited to, the motor vehicle
2652	being sold free of all prior liens after 35 calendar days after
2653	the time the motor vehicle is stored if any prior liens on the
2654	motor vehicle are more than 5 years of age or after 50 calendar
2655	days after the time the motor vehicle is stored if any prior
2656	liens on the motor vehicle are 5 years of age or less.
2657	(3)  If attempts to notify the owner or lienholder pursuant
2658	to subsection (2) are not successful, the requirement of notice
2659	by mail shall be considered met and the director or the
2660	director's designee, in accordance with subsection (5), may
2661	cause the motor vehicle to be disposed of as provided in s.
2662	705.182(2)(a), (b), (d), or (e), including, but not limited to,
2663	the motor vehicle being sold free of all prior liens after 35
2664	calendar days after the time the motor vehicle is stored if any
2665	prior liens on the motor vehicle are more than 5 years of age or
2666	after 50 calendar days after the time the motor vehicle is
2667	stored if any prior liens on the motor vehicle are 5 years of
2668	age or less.
2669	(4)(a)  The owner of, or any person with a lien on, a motor
2670	vehicle removed pursuant to subsection (1), may, within 10
2671	calendar days after the time he or she has knowledge of the
2672	location of the motor vehicle, file a complaint in the county
2673	court of the county in which the motor vehicle is stored to
2674	determine if his or her property was wrongfully taken or
2675	withheld.
2676	(b)  Upon filing a complaint, an owner or lienholder may
2677	have his or her motor vehicle released upon posting with the
2678	court a cash or surety bond or other adequate security equal to
2679	the amount of the fees for towing, storage, and accrued parking,
2680	if any, to ensure the payment of such fees in the event he or
2681	she does not prevail. Upon the posting of the bond or other
2682	adequate security and the payment of any applicable fee, the
2683	clerk of the court shall issue a certificate notifying the
2684	airport of the posting of the bond or other adequate security
2685	and directing the airport to release the motor vehicle. At the
2686	time of such release, after reasonable inspection, the owner or
2687	lienholder shall give a receipt to the airport reciting any
2688	claims he or she has for loss or damage to the motor vehicle or
2689	the contents of the motor vehicle.
2690	(5)  If, after 30 calendar days after receipt of the
2691	notice, the owner or any person claiming a lien has not removed
2692	the motor vehicle from its storage location upon payment in full
2693	of all accrued charges for reasonable towing, storage, and
2694	parking fees, if any, or shown reasonable cause for the failure
2695	to do so, the airport director or the director's designee may
2696	dispose of the motor vehicle as provided in s. 705.182(2)(a),
2697	(b), (d), or (e). If the airport elects to sell the motor
2698	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2699	sold free of all prior liens after 35 calendar days after the
2700	time the motor vehicle is stored if any prior liens on the motor
2701	vehicle are more than 5 years of age or after 50 calendar days
2702	after the time the motor vehicle is stored if any prior liens on
2703	the motor vehicle are 5 years of age or less. The sale shall be
2704	a public auction either on the Internet or at a specified
2705	physical location. If the date of the sale was not included in
2706	the notice required in subsection (2), notice of the sale, sent
2707	by certified mail, return receipt requested, shall be given to
2708	the owner of the motor vehicle and to all persons claiming a
2709	lien on the motor vehicle. Such notice shall be mailed not less
2710	than 10 calendar days before the date of the sale. In addition
2711	to the notice by mail, public notice of the time and place of
2712	the sale at auction shall be made by publishing a notice of the
2713	sale at auction one time, at least 10 calendar days prior to the
2714	date of sale, in a newspaper of general circulation in the
2715	county in which the sale is to be held. All costs incurred by
2716	the airport for the towing, storage, and sale of the motor
2717	vehicle, as well as all accrued parking fees, if any, shall be
2718	recovered by the airport from the proceeds of the sale, and any
2719	proceeds of the sale in excess of such costs shall be retained
2720	by the airport for use by the airport in any manner authorized
2721	by law.
2722	(6)  The airport pursuant to this section or, if used, a
2723	licensed independent wrecker company pursuant to s. 713.78 shall
2724	have a lien on an abandoned or derelict motor vehicle for all
2725	reasonable towing, storage, and accrued parking fees, if any,
2726	except that no storage fee shall be charged if the motor vehicle
2727	is stored less than 6 hours. As a prerequisite to perfecting a
2728	lien under this section, the airport director or the director's
2729	designee must serve a notice in accordance with subsection (2)
2730	on the owner of the motor vehicle, the insurance company
2731	insuring the motor vehicle, notwithstanding the provisions of s.
2732	627.736, and all persons of record claiming a lien against the
2733	motor vehicle. If attempts to notify the owner, the insurance
2734	company insuring the motor vehicle, notwithstanding the
2735	provisions of s. 627.736, or lienholders are not successful, the
2736	requirement of notice by mail shall be considered met. Serving
2737	of the notice does not dispense with recording the claim of
2738	lien.
2739	(7)(a)  For the purpose of perfecting its lien under this
2740	section, the airport shall record a claim of lien which shall
2741	state:
2742	1.  The name and address of the airport.
2743	2.  The name of the owner of the motor vehicle, the
2744	insurance company insuring the motor vehicle, notwithstanding
2745	the provisions of s. 627.736, and all persons of record claiming
2746	a lien against the motor vehicle.
2747	3.  The costs incurred from reasonable towing, storage, and
2748	parking fees, if any.
2749	4.  A description of the motor vehicle sufficient for
2750	identification.
2751	(b)  The claim of lien shall be signed and sworn to or
2752	affirmed by the airport director or the director's designee.
2753	(c)  The claim of lien shall be sufficient if it is in
2754	substantially the following form:
2755
2756	CLAIM OF LIEN
2757	State of ______
2758	County of ______
2759	Before me, the undersigned notary public, personally appeared
2760	______, who was duly sworn and says that he/she is the
2761	________of _____________, whose address is________; and that the
2762	following described motor vehicle:
2763	...(Description of motor vehicle)...
2764	owned by __________, whose address is ____________, has accrued
2765	$___________in fees for a reasonable tow, for storage, and for
2766	parking, if applicable; that the lienor served its notice to the
2767	owner, the insurance company insuring the motor vehicle
2768	notwithstanding the provisions of s. 627.736, Florida Statutes,
2769	and all persons of record claiming a lien against the motor
2770	vehicle on ____, ...(year)..., by________.
2771	...(Signature)...
2772	Sworn to (or affirmed) and subscribed before me this _____day
2773	of___, ...(year)..., by ...(name of person making statement)....
2774	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2775	Commissioned name of Notary Public)...
2776	Personally Known___OR Produced_____as identification.
2777
2778	However, the negligent inclusion or omission of any information
2779	in this claim of lien which does not prejudice the owner does
2780	not constitute a default that operates to defeat an otherwise
2781	valid lien.
2782	(d)  The claim of lien shall be served on the owner of the
2783	motor vehicle, the insurance company insuring the motor vehicle,
2784	notwithstanding the provisions of s. 627.736, and all persons of
2785	record claiming a lien against the motor vehicle. If attempts to
2786	notify the owner, the insurance company insuring the motor
2787	vehicle notwithstanding the provisions of s. 627.736, or
2788	lienholders are not successful, the requirement of notice by
2789	mail shall be considered met. The claim of lien shall be so
2790	served before recordation.
2791	(e)  The claim of lien shall be recorded with the clerk of
2792	court in the county where the airport is located. The recording
2793	of the claim of lien shall be constructive notice to all persons
2794	of the contents and effect of such claim. The lien shall attach
2795	at the time of recordation and shall take priority as of that
2796	time.
2797	(8)  A purchaser or recipient in good faith of a motor
2798	vehicle sold or obtained under this section takes the property
2799	free of the rights of persons then holding any legal or
2800	equitable interest thereto, whether or not recorded.
2801	Section 39.  Paragraph (a) of subsection (12) of section
2802	163.3180, Florida Statutes, is amended to read:
2803	163.3180  Concurrency.-
2804	(12)(a)  A development of regional impact may satisfy the
2805	transportation concurrency requirements of the local
2806	comprehensive plan, the local government's concurrency
2807	management system, and s. 380.06 by payment of a proportionate-
2808	share contribution for local and regionally significant traffic
2809	impacts, if:
2810	1.  The development of regional impact which, based on its
2811	location or mix of land uses, is designed to encourage
2812	pedestrian or other nonautomotive modes of transportation;
2813	2.  The proportionate-share contribution for local and
2814	regionally significant traffic impacts is sufficient to pay for
2815	one or more required mobility improvements that will benefit a
2816	regionally significant transportation facility;
2817	3.  The owner and developer of the development of regional
2818	impact pays or assures payment of the proportionate-share
2819	contribution; and
2820	4.  If the regionally significant transportation facility
2821	to be constructed or improved is under the maintenance authority
2822	of a governmental entity, as defined by s. 334.03(10)(12), other
2823	than the local government with jurisdiction over the development
2824	of regional impact, the developer is required to enter into a
2825	binding and legally enforceable commitment to transfer funds to
2826	the governmental entity having maintenance authority or to
2827	otherwise assure construction or improvement of the facility.
2828
2829	The proportionate-share contribution may be applied to any
2830	transportation facility to satisfy the provisions of this
2831	subsection and the local comprehensive plan, but, for the
2832	purposes of this subsection, the amount of the proportionate-
2833	share contribution shall be calculated based upon the cumulative
2834	number of trips from the proposed development expected to reach
2835	roadways during the peak hour from the complete buildout of a
2836	stage or phase being approved, divided by the change in the peak
2837	hour maximum service volume of roadways resulting from
2838	construction of an improvement necessary to maintain the adopted
2839	level of service, multiplied by the construction cost, at the
2840	time of developer payment, of the improvement necessary to
2841	maintain the adopted level of service. For purposes of this
2842	subsection, "construction cost" includes all associated costs of
2843	the improvement. Proportionate-share mitigation shall be limited
2844	to ensure that a development of regional impact meeting the
2845	requirements of this subsection mitigates its impact on the
2846	transportation system but is not responsible for the additional
2847	cost of reducing or eliminating backlogs. This subsection also
2848	applies to Florida Quality Developments pursuant to s. 380.061
2849	and to detailed specific area plans implementing optional sector
2850	plans pursuant to s. 163.3245.
2851	Section 40.  Subsection (3) of section 288.063, Florida
2852	Statutes, is amended to read:
2853	288.063  Contracts for transportation projects.-
2854	(3)  With respect to any contract executed pursuant to this
2855	section, the term "transportation project" means a
2856	transportation facility as defined in s. 334.03(28)(31) which is
2857	necessary in the judgment of the Office of Tourism, Trade, and
2858	Economic Development to facilitate the economic development and
2859	growth of the state. Except for applications received prior to
2860	July 1, 1996, such transportation projects shall be approved
2861	only as a consideration to attract new employment opportunities
2862	to the state or expand or retain employment in existing
2863	companies operating within the state, or to allow for the
2864	construction or expansion of a state or federal correctional
2865	facility in a county with a population of 75,000 or less that
2866	creates new employment opportunities or expands or retains
2867	employment in the county. The Office of Tourism, Trade, and
2868	Economic Development shall institute procedures to ensure that
2869	small and minority businesses have equal access to funding
2870	provided under this section. Funding for approved transportation
2871	projects may include any expenses, other than administrative
2872	costs and equipment purchases specified in the contract,
2873	necessary for new, or improvement to existing, transportation
2874	facilities. Funds made available pursuant to this section may
2875	not be expended in connection with the relocation of a business
2876	from one community to another community in this state unless the
2877	Office of Tourism, Trade, and Economic Development determines
2878	that without such relocation the business will move outside this
2879	state or determines that the business has a compelling economic
2880	rationale for the relocation which creates additional jobs.
2881	Subject to appropriation for projects under this section, any
2882	appropriation greater than $10 million shall be allocated to
2883	each of the districts of the Department of Transportation to
2884	ensure equitable geographical distribution. Such allocated funds
2885	that remain uncommitted by the third quarter of the fiscal year
2886	shall be reallocated among the districts based on pending
2887	project requests.
2888	Section 41.  Paragraph (b) of subsection (3) of section
2889	311.07, Florida Statutes, is amended to read:
2890	311.07  Florida seaport transportation and economic
2891	development funding.-
2892	(3)
2893	(b)  Projects eligible for funding by grants under the
2894	program are limited to the following port facilities or port
2895	transportation projects:
2896	1.  Transportation facilities within the jurisdiction of
2897	the port.
2898	2.  The dredging or deepening of channels, turning basins,
2899	or harbors.
2900	3.  The construction or rehabilitation of wharves, docks,
2901	structures, jetties, piers, storage facilities, cruise
2902	terminals, automated people mover systems, or any facilities
2903	necessary or useful in connection with any of the foregoing.
2904	4.  The acquisition of vessel tracking systems, container
2905	cranes, or other mechanized equipment used in the movement of
2906	cargo or passengers in international commerce.
2907	5.  The acquisition of land to be used for port purposes.
2908	6.  The acquisition, improvement, enlargement, or extension
2909	of existing port facilities.
2910	7.  Environmental protection projects which are necessary
2911	because of requirements imposed by a state agency as a condition
2912	of a permit or other form of state approval; which are necessary
2913	for environmental mitigation required as a condition of a state,
2914	federal, or local environmental permit; which are necessary for
2915	the acquisition of spoil disposal sites and improvements to
2916	existing and future spoil sites; or which result from the
2917	funding of eligible projects listed in this paragraph.
2918	8.  Transportation facilities as defined in s.
2919	334.03(28)(31) which are not otherwise part of the Department of
2920	Transportation's adopted work program.
2921	9.  Seaport intermodal access projects identified in the 5-
2922	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2923	10.  Construction or rehabilitation of port facilities as
2924	defined in s. 315.02, excluding any park or recreational
2925	facilities, in ports listed in s. 311.09(1) with operating
2926	revenues of $5 million or less, provided that such projects
2927	create economic development opportunities, capital improvements,
2928	and positive financial returns to such ports.
2929	Section 42.  Subsection (7) of section 311.09, Florida
2930	Statutes, is amended to read:
2931	311.09  Florida Seaport Transportation and Economic
2932	Development Council.-
2933	(7)  The Department of Transportation shall review the list
2934	of projects approved by the council for consistency with the
2935	Florida Transportation Plan and the department's adopted work
2936	program. In evaluating the consistency of a project, the
2937	department shall determine whether the transportation impact of
2938	the proposed project is adequately handled by existing state-
2939	owned transportation facilities or by the construction of
2940	additional state-owned transportation facilities as identified
2941	in the Florida Transportation Plan and the department's adopted
2942	work program. In reviewing for consistency a transportation
2943	facility project as defined in s. 334.03(28)(31) which is not
2944	otherwise part of the department's work program, the department
2945	shall evaluate whether the project is needed to provide for
2946	projected movement of cargo or passengers from the port to a
2947	state transportation facility or local road. If the project is
2948	needed to provide for projected movement of cargo or passengers,
2949	the project shall be approved for consistency as a consideration
2950	to facilitate the economic development and growth of the state
2951	in a timely manner. The Department of Transportation shall
2952	identify those projects which are inconsistent with the Florida
2953	Transportation Plan and the adopted work program and shall
2954	notify the council of projects found to be inconsistent.
2955	Section 43.  Paragraph (c) of subsection (5) and paragraph
2956	(c) of subsection (8) of section 316.515, Florida Statutes, are
2957	amended to read:
2958	316.515  Maximum width, height, length.-
2959	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2960	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2961	(c)  The width and height limitations of this section do
2962	not apply to farming or agricultural equipment, whether self-
2963	propelled, pulled, or hauled, when temporarily operated during
2964	daylight hours upon a public road that is not a limited access
2965	facility as defined in s. 334.03(11)(13), and the width and
2966	height limitations may be exceeded by such equipment without a
2967	permit. To be eligible for this exemption, the equipment shall
2968	be operated within a radius of 50 miles of the real property
2969	owned, rented, or leased by the equipment owner. However,
2970	equipment being delivered by a dealer to a purchaser is not
2971	subject to the 50-mile limitation. Farming or agricultural
2972	equipment greater than 174 inches in width must have one warning
2973	lamp mounted on each side of the equipment to denote the width
2974	and must have a slow-moving vehicle sign. Warning lamps required
2975	by this paragraph must be visible from the front and rear of the
2976	vehicle and must be visible from a distance of at least 1,000
2977	feet.
2978	(8)  WRECKERS.-The limitations imposed by this section do
2979	not apply to a combination of motor vehicles consisting of a
2980	wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
2981	disabled motor vehicle, trailer, semitrailer, or tractor-trailer
2982	combination, or a replacement motor vehicle, which is under tow
2983	by the wrecker, if the size and weight of the towed vehicle is
2984	consistent with statutory requirements and the requirements of
2985	this subsection.
2986	(c)  Where the combined weight of the wrecker and the towed
2987	vehicle exceeds the maximum weight limits as established by s.
2988	316.535, the wrecker must be operating under a current wrecker
2989	special use permit or permits as provided in s. 316.550(5)(4) or
2990	in accordance with paragraph (b).
2991	Section 44.  Section 336.01, Florida Statutes, is amended
2992	to read:
2993	336.01  Designation of county road system.-The county road
2994	system shall be as defined in s. 334.03(6)(8).
2995	Section 45.  Subsection (2) of section 338.222, Florida
2996	Statutes, is amended to read:
2997	338.222  Department of Transportation sole governmental
2998	entity to acquire, construct, or operate turnpike projects;
2999	exception.-
3000	(2)  The department may contract with any local
3001	governmental entity as defined in s. 334.03(12)(14) for the
3002	design, right-of-way acquisition, or construction of any
3003	turnpike project which the Legislature has approved. Local
3004	governmental entities may negotiate with the department for the
3005	design, right-of-way acquisition, and construction of any
3006	section of the turnpike project within areas of their respective
3007	jurisdictions or within counties with which they have interlocal
3008	agreements.
3009	Section 46.  Subsection (2) of section 341.8225, Florida
3010	Statutes, is amended to read:
3011	341.8225  Department of Transportation sole governmental
3012	entity to acquire, construct, or operate high-speed rail
3013	projects; exception.-
3014	(2)  Local governmental entities, as defined in s.
3015	334.03(12)(14), may negotiate with the department for the
3016	design, right-of-way acquisition, and construction of any
3017	component of the high-speed rail system within areas of their
3018	respective jurisdictions or within counties with which they have
3019	interlocal agreements.
3020	Section 47.  Subsection (1) of section 479.07, Florida
3021	Statutes, is amended to read:
3022	479.07  Sign permits.-
3023	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
3024	person may not erect, operate, use, or maintain, or cause to be
3025	erected, operated, used, or maintained, any sign on the State
3026	Highway System outside an urban area, as defined in s.
3027	334.03(29)(32), or on any portion of the interstate or federal-
3028	aid primary highway system without first obtaining a permit for
3029	the sign from the department and paying the annual fee as
3030	provided in this section. As used in this section, the term "on
3031	any portion of the State Highway System, interstate, or federal-
3032	aid primary system" means a sign located within the controlled
3033	area which is visible from any portion of the main-traveled way
3034	of such system.
3035	Section 48.  Section 479.156, Florida Statutes, is amended
3036	to read:
3037	479.156  Wall murals.-Notwithstanding any other provision
3038	of this chapter, a municipality or county may permit and
3039	regulate wall murals within areas designated by such government.
3040	If a municipality or county permits wall murals, a wall mural
3041	that displays a commercial message and is within 660 feet of the
3042	nearest edge of the right-of-way within an area adjacent to the
3043	interstate highway system or the federal-aid primary highway
3044	system shall be located in an area that is zoned for industrial
3045	or commercial use and the municipality or county shall establish
3046	and enforce regulations for such areas that, at a minimum, set
3047	forth criteria governing the size, lighting, and spacing of wall
3048	murals consistent with the intent of the Highway Beautification
3049	Act of 1965 and with customary use. Whenever a municipality or
3050	county exercises such control and makes a determination of
3051	customary use pursuant to 23 U.S.C. s. 131(d), such
3052	determination shall be accepted in lieu of controls in the
3053	agreement between the state and the United States Department of
3054	Transportation, and the department shall notify the Federal
3055	Highway Administration pursuant to the agreement, 23 U.S.C. s.
3056	131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
3057	subject to municipal or county regulation and the Highway
3058	Beautification Act of 1965 must be approved by the Department of
3059	Transportation and the Federal Highway Administration when
3060	required by federal law and federal regulation under the
3061	agreement between the state and the United States Department of
3062	Transportation and federal regulations enforced by the
3063	Department of Transportation under s. 479.02(1). The existence
3064	of a wall mural as defined in s. 479.01(30)(27) shall not be
3065	considered in determining whether a sign as defined in s.
3066	479.01(20)(17), either existing or new, is in compliance with s.
3067	479.07(9)(a).
3068	Section 49.  Subsection (5) of section 479.261, Florida
3069	Statutes, is amended to read:
3070	479.261  Logo sign program.-
3071	(5)  At a minimum, permit fees for businesses that
3072	participate in the program must be established in an amount
3073	sufficient to offset the total cost to the department for the
3074	program, including contract costs. The department shall provide
3075	the services in the most efficient and cost-effective manner
3076	through department staff or by contracting for some or all of
3077	the services. The department shall adopt rules that set
3078	reasonable rates based upon factors such as population, traffic
3079	volume, market demand, and costs for annual permit fees.
3080	However, annual permit fees for sign locations inside an urban
3081	area, as defined in s. 334.03(29)(32), may not exceed $5,000,
3082	and annual permit fees for sign locations outside an urban area,
3083	as defined in s. 334.03(29)(32), may not exceed $2,500. After
3084	recovering program costs, the proceeds from the annual permit
3085	fees shall be deposited into the State Transportation Trust Fund
3086	and used for transportation purposes.
3087	Section 50.  This act shall take effect July 1, 2010.

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