CS/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; amending s. 212.055, F.S.; providing that the
8	county commission may apply the proceeds from the charter
9	county transportation system surtax to the planning,
10	development, construction, expansion, operation, and
11	maintenance of on-demand transportation services; defining
12	the term "on-demand transportation services"; amending s.
13	310.0015, F.S., relating to pilotage rates; providing for
14	such rates to be set by the Pilotage Rate Review Committee
15	to conform to changes made by the act; amending s.
16	310.002, F.S.; revising the definition of the term
17	"pilotage" to conform to changes made by the act; amending
18	s. 310.011, F.S.; revising the membership of the Board of
19	Pilot Commissioners; amending s. 310.151, F.S.;
20	redesignating the "Pilotage Rate Review Board" as the
21	"Pilotage Rate Review Committee"; providing that the
22	committee is part of the Board of Pilot Commissioners;
23	revising membership and providing for appointment of
24	members from among the commissioners; requiring members to
25	comply with specified disclosure requirements; providing
26	that decisions of the committee regarding rates are not
27	appealable to the board; directing the Governor to make
28	certain appointments to the Board of Pilot Commissioners
29	before a certain date; repealing s. 315.03(12)(c), F.S.,
30	relating to legislative review of a loan program of the
31	Florida Seaport Transportation and Economic Development
32	Council; amending s. 316.003, F.S.; defining the term
33	"motor carrier transportation contract" for purposes of
34	the Florida Uniform Traffic Control Law; amending s.
35	316.1001, F.S.; revising the method to be used to provide
36	notice following the issuance of a citation for failure to
37	pay a toll; providing that receipt of the citation rather
38	than its mailing constitutes notification; authorizing any
39	governmental entity, including the clerk of court, to
40	provide certain data to the Department of Highway Safety
41	and Motor Vehicles regarding outstanding violations for
42	failure to pay tolls; amending s. 316.302, F.S.; revising
43	reference to specified federal rules and regulations
44	applicable to owners and drivers of commercial motor
45	vehicles engaged in intrastate commerce; providing that
46	certain indemnification provisions in motor carrier
47	transportation contracts are against public policy and are
48	void and unenforceable; defining the term "promisee," as
49	used in motor carrier transportation contracts; provides
50	an exception to such definition; providing for application
51	to certain contracts; amending s. 316.515, F.S.;
52	conforming a cross-reference; amending s. 316.545, F.S.;
53	providing for a reduction in the gross weight of certain
54	vehicles equipped with idle-reduction technologies when
55	calculating a penalty for exceeding maximum weight limits;
56	requiring the operator to provide certification of the
57	weight of the idle-reduction technology and to demonstrate
58	or certify that the idle-reduction technology is fully
59	functional at all times; amending s. 316.550, F.S.;
60	authorizing the department or local authority to issue
61	permits for certain vehicles to operate on certain routes;
62	providing restrictions on routes; providing conditions
63	when vehicles must be unloaded; conforming a cross-
64	reference; amending s. 318.18, F.S.; revising provisions
65	for distribution of proceeds collected by the clerk of the
66	court for disposition of citations for failure to pay a
67	toll; providing alternative procedures for disposition of
68	such citation; providing for adjudication to be withheld
69	and no points assessed against the driver's license unless
70	adjudication is imposed by a court; authorizing a court to
71	direct the department to suspend a person's driver's
72	license for violations involving the failure to pay tolls;
73	amending s. 320.03, F.S.; clarifying provisions requiring
74	that the tax collector withhold issuance of a license
75	plate or revalidation sticker if certain fines are
76	outstanding; amending s. 320.08, F.S.; providing that
77	specified license tax provisions apply to wreckers used
78	for certain purposes; amending s. 320.08058, F.S.;
79	revising authorized uses of revenue received from the sale
80	of United We Stand license plates; amending s. 322.27,
81	F.S.; providing for assessment of points against a
82	driver's license for specified violations of requirements
83	to pay a toll only when the points are imposed by a court;
84	repealing s. 332.14, F.S., relating to the Secure Airports
85	for Florida's Economy Council; providing for the use of
86	funds accrued by the Secure Airports for Florida's Economy
87	Council; amending s. 337.14, F.S.; revising application
88	procedures for the qualification of contractors; requiring
89	any required interim financial statement to be accompanied
90	by an updated application; amending s. 337.401, F.S.;
91	revising provisions for rules of the department that
92	provide for the placement of and access to certain
93	electrical transmission lines on the right-of-way of
94	department-controlled roads; authorizing the rules to
95	include that the use of the limited access right-of-way
96	for longitudinal placement of such transmission lines is
97	reasonable based upon consideration of certain economic
98	and environmental factors; providing that removal or
99	relocation of a transmission line shall be at the expense
100	of the utility; amending s. 337.406, F.S.; prohibiting
101	camping on certain parts of the right-of-way of the State
102	Highway System; amending s. 338.155, F.S.; authorizing the
103	department to adopt rules relating to the payment,
104	collection, and enforcement of tolls; amending ss. 341.051
105	and 341.3025, F.S.; requiring the use of universal common
106	contactless fare media on new or upgraded public rail
107	transit systems or public transit systems connecting to
108	such rail systems; amending s. 343.64, F.S.; authorizing
109	the Central Florida Regional Transportation Authority to
110	borrow funds under certain circumstances; amending s.
111	348.51, F.S.; revising the definition for the term "bonds"
112	when used in the Tampa-Hillsborough County Expressway
113	Authority Law; amending s. 348.545, F.S.; authorizing
114	certain costs to be financed by bonds issued on behalf of
115	the Tampa-Hillsborough County Expressway Authority
116	pursuant to the State Bond Act or bonds issued by the
117	authority under specified provisions; amending s. 348.56,
118	F.S.; authorizing bonds to be issued on behalf of the
119	authority pursuant to the State Bond Act or issued by the
120	authority under specified provisions; revising
121	requirements for such bonds; requiring the bonds to be
122	sold at public sale; authorizing the authority to
123	negotiate the sale of bonds with underwriters under
124	certain circumstances; amending s. 348.565, F.S.;
125	providing that facilities of the expressway system are
126	approved to be refinanced by the revenue bonds issued by
127	the Division of Bond Finance of the State Board of
128	Administration and the State Bond Act or by revenue bonds
129	issued by the authority; providing that certain projects
130	of the authority are approved for financing or refinancing
131	by revenue bonds; amending s. 348.57, F.S.; authorizing
132	the authority to provide for the issuance of certain bonds
133	for the refunding of bonds outstanding regardless of
134	whether the bonds being refunded were issued by the
135	authority or on behalf of the authority; amending s.
136	348.70, F.S.; providing that the Tampa-Hillsborough County
137	Expressway Authority Law does not repeal, rescind, or
138	modify any other laws; providing that such law supersedes
139	laws that are inconsistent with the provisions of that
140	law; creating pt. XI of ch. 348, F.S., titled "Osceola
141	County Expressway Authority"; providing a short title;
142	providing definitions; creating the Osceola County
143	Expressway Authority as an agency of the state; providing
144	for a governing body of the authority; providing for
145	membership, terms, organization, personnel, and
146	administration; authorizing payment of travel and other
147	expenses; directing the authority to cooperate with and
148	participate in any efforts to establish a regional
149	expressway authority; providing that the authority is not
150	eligible for voting membership in certain metropolitan
151	planning organizations; providing purposes and powers of
152	the authority for acquisition, construction, expansion,
153	maintenance, improvement, operation, ownership, and
154	leasing of the Osceola County Expressway System; providing
155	for use of certain funds to pay or secure obligations;
156	authorizing use of the Osceola County gasoline tax under
157	certain conditions; authorizing the authority to enter
158	into partnerships and other agreements; authorizing the
159	authority to construct, operate, and maintain roads,
160	bridges, avenues of access, thoroughfares, and boulevards,
161	and electronic toll payment systems thereon, outside the
162	jurisdictional boundaries of Osceola County; authorizing
163	the authority to enter into an interlocal agreement with
164	the Orlando-Orange County Expressway Authority to
165	coordinate and plan for projects; prohibiting the
166	authority from pledging the credit or taxing power of the
167	state; requiring consent of local and county jurisdictions
168	prior to acquisition of rights-of-way; requiring consent
169	of local and county jurisdictions for agreements that
170	would restrict construction of roads; providing for bond
171	financing of improvements to certain facilities; providing
172	for issuance and sale of bonds; providing for the
173	employment of fiscal agents; authorizing the State Board
174	of Administration to act as fiscal agent; providing
175	approval of certain facilities that have been financed by
176	the issuance of bonds or other evidence of indebtedness;
177	providing for rights and remedies granted to bondholders;
178	providing for appointment of a trustee to represent the
179	bondholders; providing for appointment of a receiver to
180	take possession of, operate, and maintain the system;
181	providing for lease of the system to the department under
182	a lease-purchase agreement; authorizing the department to
183	act in place of the authority under terms of the lease-
184	purchase agreement; requiring approval by the county for
185	certain provisions of the lease-purchase agreement;
186	providing that upon termination of such lease-purchase
187	agreement title to the system shall be transferred to the
188	state; providing that no pledge of Osceola County gasoline
189	tax funds as rentals under such lease-purchase agreement
190	shall be made without the consent of Osceola County;
191	authorizing the department to expend a limited amount of
192	funds; providing that the system is part of the state road
193	system; providing for the authority to appoint the
194	department as its agent for certain construction purposes;
195	authorizing the authority to acquire property; authorizing
196	the authority to exercise eminent domain; limiting
197	liability of the authority for preexisting contamination
198	of an acquired property; providing for remedial acts
199	necessary due to such contamination; authorizing
200	agreements between the authority and other entities;
201	providing pledge of the state to bondholders; exempting
202	the authority from taxation; providing that investment in
203	such bonds or other obligations constitutes legal
204	investments; providing that such bonds are eligible for
205	deposit as security for state, municipal, and other public
206	funds; providing that pledges shall be enforceable by
207	bondholders; providing for application and construction of
208	the part; authorizing certain audits of the authority by
209	the Osceola County auditor; requiring reports of such
210	audits to be submitted to the authority and the governing
211	body of Osceola County; providing for dissolution of the
212	authority under certain circumstances; amending s.
213	369.317, F.S.; providing that certain activity relating to
214	mitigation of certain environmental impacts in the Wekiva
215	Study Area or the Wekiva parkway alignment corridor meet
216	specified impact requirements under certain conditions;
217	amending s. 373.41492, F.S.; increasing the mitigation fee
218	for mining activities in the Miami-Dade County Lake Belt;
219	suspending an annual increase in the mitigation fee;
220	revising the frequency of an interagency committee report;
221	amending s. 403.4131, F.S.; removing provisions relating
222	to a report on the adopt-a-highway program; amending s.
223	479.01, F.S.; defining the terms "allowable uses,"
224	"commercial use," "industrial use," and "zoning category"
225	and revising the definition of the terms "commercial or
226	industrial zone" and "main-traveled way" for purposes of
227	provisions relating to outdoor advertising; conforming
228	cross-references; amending s. 479.07, F.S.; providing for
229	the placement of new or replacement signs erected on an
230	interstate highway in certain areas; requiring such sign
231	to be located on land designated for commercial or
232	industrial use under the future land use map and land use
233	development regulations; exempting such location from
234	specified evaluation criteria; amending s. 479.261, F.S.;
235	removing a provision authorizing the Department of
236	Transportation to rotate certain logo signs relating to
237	gas, food, and lodging services on the rights-of-way of
238	the interstate highway system during a specified period;
239	reducing the annual permit fees for businesses
240	participating in the interstate highway logo sign program;
241	designating pts. I and II of ch. 479, F.S., entitled
242	"General Provisions" and "Special Programs," respectively;
243	creating pt. III of ch. 479, F.S., entitled "Sign
244	Removal"; creating s. 479.310, F.S.; providing intent
245	relating to unpermitted and illegal signs; placing
246	financial responsibility for the removal of such signs;
247	providing the department authority to recover costs of
248	removal of such signs; creating s. 479.311, F.S.,
249	providing jurisdiction to consider claims to recover
250	costs; defining the term "venue" for the purposes of a
251	claim filed by the department; creating s. 479.312, F.S.;
252	providing that costs incurred by the department in
253	removing certain signs shall be assessed against certain
254	individuals; providing presumption of a ownership;
255	creating s. 479.313, F.S.; providing for the assessment of
256	the cost of removal for signs following the revocation of
257	a sign permit; creating s. 479.315, F.S.; providing for
258	the assessment of the cost of removal of signs located
259	within a highway right-of-way; amending s. 705.18, F.S.;
260	removing provisions for disposal of personal property lost
261	or abandoned at certain public-use airports; creating s.
262	705.182, F.S.; providing for disposal of personal property
263	found on premises owned or controlled by the operator of a
264	public-use airport; providing a timeframe for the property
265	to be claimed; providing options for disposing of such
266	personal property; providing procedures for selling
267	abandoned personal property; providing for notice of sale;
268	providing that the rightful owner of such property may
269	reclaim the property at any time prior to sale; permitting
270	airport tenants to establish lost and found procedures;
271	providing that purchaser holds title to the property free
272	of the rights of persons then holding any legal or
273	equitable interest thereto; creating s. 705.183, F.S.;
274	providing for disposition of derelict or abandoned
275	aircraft on the premises of public-use airports; providing
276	procedures for such disposition; requiring a record of
277	when the aircraft is found; defining the terms "derelict
278	aircraft" and "abandoned aircraft"; providing for
279	notification of aircraft owner and all persons having an
280	equitable or legal interest in the aircraft; providing for
281	notice if the owner of the aircraft is unknown or cannot
282	be found; providing for disposition if the aircraft is not
283	removed upon payment of required fees; requiring any sale
284	of the aircraft to be at a public auction; providing
285	notice requirements for such public auction; providing
286	procedures for disposal of the aircraft; providing for
287	liability if charges and costs related to the disposition
288	are more than that obtained from the sale; providing for a
289	lien by the airport for fees and charges; providing for
290	notice of lien; requiring recording of a claim of lien;
291	providing for the form of the claim of lien; providing for
292	service of the claim of lien; providing that the purchaser
293	of the aircraft takes the property free of rights of
294	persons holding legal or equitable interest in the
295	aircraft; requiring purchaser or recipient to notify the
296	Federal Aviation Administration of change in ownership;
297	providing for disposition of moneys received for an
298	aircraft sold at public sale; authorizing the airport to
299	issue documents relating to the aircraft's disposal;
300	creating s. 705.184, F.S.; providing for disposition of
301	derelict or abandoned motor vehicles on the premises of
302	public-use airports; providing procedures; requiring
303	recording of the abandoned motor vehicle; defining the
304	terms "derelict motor vehicle" and "abandoned motor
305	vehicle"; providing for removal of such motor vehicle from
306	airport premises; providing for notice to the owner, the
307	company insuring the motor vehicle, and any lienholder;
308	providing for disposition if the motor vehicle is not
309	removed upon payment of required fees; requiring any sale
310	of the motor vehicle to be at a public auction; providing
311	notice requirements for such public auction; providing
312	procedures for disposal of the motor vehicle; providing
313	for a lien by the airport or a licensed independent
314	wrecker for fees and charges; providing for notice of
315	lien; requiring recording of a claim of lien; providing
316	for the form of the claim of lien; providing for service
317	of claim of lien; providing that the purchaser of the
318	motor vehicle takes the property free of the rights of
319	persons holding legal or equitable interest in the motor
320	vehicle; amending s. 479.156, F.S.; conforming cross-
321	references; providing an effective date.
322
323	Be It Enacted by the Legislature of the State of Florida:
324
325	Section 1.  Subsection (7) of section 20.23, Florida
326	Statutes, as amended by chapter 2009-271, Laws of Florida, is
327	renumbered as subsection (8), and a new subsection (7) is added
328	to that section to read:
329	20.23  Department of Transportation.-There is created a
330	Department of Transportation which shall be a decentralized
331	agency.
332	(7)  The department is authorized to continue to grant a
333	pay additive of $75 per pay period for law enforcement officers
334	assigned to the Office of Motor Carrier Compliance who maintain
335	certification by the Commercial Vehicle Safety Alliance.
336	Section 2.  Subsection (1) of section 212.055, Florida
337	Statutes, is amended to read:
338	212.055  Discretionary sales surtaxes; legislative intent;
339	authorization and use of proceeds.-It is the legislative intent
340	that any authorization for imposition of a discretionary sales
341	surtax shall be published in the Florida Statutes as a
342	subsection of this section, irrespective of the duration of the
343	levy. Each enactment shall specify the types of counties
344	authorized to levy; the rate or rates which may be imposed; the
345	maximum length of time the surtax may be imposed, if any; the
346	procedure which must be followed to secure voter approval, if
347	required; the purpose for which the proceeds may be expended;
348	and such other requirements as the Legislature may provide.
349	Taxable transactions and administrative procedures shall be as
350	provided in s. 212.054.
351	(1)  CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX.-
352	(a)  Each charter county that has adopted a charter, and
353	each county the government of which is consolidated with that of
354	one or more municipalities, may levy a discretionary sales
355	surtax, subject to approval by a majority vote of the electorate
356	of the county or by a charter amendment approved by a majority
357	vote of the electorate of the county.
358	(b)  The rate shall be up to 1 percent.
359	(c)  The proposal to adopt a discretionary sales surtax as
360	provided in this subsection and to create a trust fund within
361	the county accounts shall be placed on the ballot in accordance
362	with law at a time to be set at the discretion of the governing
363	body.
364	(d)  Proceeds from the surtax shall be applied to as many
365	or as few of the uses enumerated below in whatever combination
366	the county commission deems appropriate:
367	1.  Deposited by the county in the trust fund and shall be
368	used for the purposes of development, construction, equipment,
369	maintenance, operation, supportive services, including a
370	countywide bus system, on-demand transportation services, and
371	related costs of a fixed guideway rapid transit system;
372	2.  Remitted by the governing body of the county to an
373	expressway, transit, or transportation authority created by law
374	to be used, at the discretion of such authority, for the
375	development, construction, operation, or maintenance of roads or
376	bridges in the county;, for the operation and maintenance of a
377	bus system; for the operation and maintenance of on-demand
378	transportation services;, for the payment of principal and
379	interest on existing bonds issued for the construction of such
380	roads or bridges;, and, upon approval by the county commission,
381	such proceeds may be pledged for bonds issued to refinance
382	existing bonds or new bonds issued for the construction of such
383	roads or bridges;
384	3.  Used by the charter county for the development,
385	construction, operation, and maintenance of roads and bridges in
386	the county; for the expansion, operation, and maintenance of bus
387	and fixed guideway systems; for the expansion, operation, and
388	maintenance of on-demand transportation services; and for the
389	payment of principal and interest on bonds issued for the
390	construction of fixed guideway rapid transit systems, bus
391	systems, roads, or bridges; and such proceeds may be pledged by
392	the governing body of the county for bonds issued to refinance
393	existing bonds or new bonds issued for the construction of such
394	fixed guideway rapid transit systems, bus systems, roads, or
395	bridges and no more than 25 percent used for nontransit uses;
396	and
397	4.  Used by the charter county for the planning,
398	development, construction, operation, and maintenance of roads
399	and bridges in the county; for the planning, development,
400	expansion, operation, and maintenance of bus and fixed guideway
401	systems; for the planning, development, construction, operation,
402	and maintenance of on-demand transportation services; and for
403	the payment of principal and interest on bonds issued for the
404	construction of fixed guideway rapid transit systems, bus
405	systems, roads, or bridges; and such proceeds may be pledged by
406	the governing body of the county for bonds issued to refinance
407	existing bonds or new bonds issued for the construction of such
408	fixed guideway rapid transit systems, bus systems, roads, or
409	bridges. Pursuant to an interlocal agreement entered into
410	pursuant to chapter 163, the governing body of the charter
411	county may distribute proceeds from the tax to a municipality,
412	or an expressway or transportation authority created by law to
413	be expended for the purpose authorized by this paragraph. Any
414	charter county that has entered into interlocal agreements for
415	distribution of proceeds to one or more municipalities in the
416	county shall revise such interlocal agreements no less than
417	every 5 years in order to include any municipalities that have
418	been created since the prior interlocal agreements were
419	executed.
420	(e)  As used in this subsection, the term "on-demand
421	transportation services" means transportation provided between
422	flexible points of origin and destination selected by individual
423	users with such service being provided at a time that is agreed
424	upon by the user and the provider of the service and that is not
425	fixed-schedule or fixed-route in nature.
426	Section 3.  Paragraph (b) of subsection (3) of section
427	310.0015, Florida Statutes, is amended to read:
428	310.0015  Piloting regulation; general provisions.-
429	(3)  The rate-setting process, the issuance of licenses
430	only in numbers deemed necessary or prudent by the board, and
431	other aspects of the economic regulation of piloting established
432	in this chapter are intended to protect the public from the
433	adverse effects of unrestricted competition which would result
434	from an unlimited number of licensed pilots being allowed to
435	market their services on the basis of lower prices rather than
436	safety concerns. This system of regulation benefits and protects
437	the public interest by maximizing safety, avoiding uneconomic
438	duplication of capital expenses and facilities, and enhancing
439	state regulatory oversight. The system seeks to provide pilots
440	with reasonable revenues, taking into consideration the normal
441	uncertainties of vessel traffic and port usage, sufficient to
442	maintain reliable, stable piloting operations. Pilots have
443	certain restrictions and obligations under this system,
444	including, but not limited to, the following:
445	(b)  Pilots may not unilaterally determine the pilotage
446	rates they charge. Such pilotage rates shall instead be
447	determined by the Pilotage Rate Review Committee Board, in the
448	public interest, as set forth in s. 310.151.
449	Section 4.  Subsection (7) of section 310.002, Florida
450	Statutes, is amended to read:
451	310.002  Definitions.-As used in this chapter, except where
452	the context clearly indicates otherwise:
453	(7)  "Pilotage" means the compensation fixed by the
454	Pilotage Rate Review Committee Board which is payable by a
455	vessel, its owners, agents, charterers, or consignees to one or
456	more pilots in the port where piloting is performed. The word
457	"pilotage" also means the compensation of all types and sources
458	derived by one or more pilots or deputy pilots for the
459	performance of piloting at that port by licensed pilots or by
460	certificated deputy pilots, whether such piloting is performed
461	pursuant to this chapter or is performed by state-licensed
462	pilots or state-certificated deputy pilots when acting as a
463	federal pilot for vessels not required by this chapter to use a
464	state-licensed pilot or state-certificated deputy pilot.
465	Section 5.  Section 310.011, Florida Statutes, is amended
466	to read:
467	310.011  Board of Pilot Commissioners.-
468	(1)  A board is established within the Division of
469	Professions of the Department of Business and Professional
470	Regulation to be known as the Board of Pilot Commissioners. The
471	board shall be composed of 10 members, to be appointed by the
472	Governor, 5 of whom shall be licensed state pilots actively
473	practicing their profession, 2 of whom shall be actively
474	involved in a professional or business capacity in maritime or
475	marine shipping or the commercial passenger cruise industry, 1
476	of whom shall be a certified public accountant with at least 5
477	years of experience in financial management, and 2 of whom shall
478	be citizens of the state. The board shall perform such duties
479	and possess and exercise such powers relative to the protection
480	of the waters, harbors, and ports of this state as are
481	prescribed and conferred on it in this chapter.
482	(2)  In accordance with the requirements of subsection (1),
483	the Governor shall appoint five licensed state pilots who are
484	actively practicing their profession and five citizens of the
485	state who are not pilots, one of whom shall be actively involved
486	in a professional or business capacity in maritime or marine
487	shipping, one of whom shall be a user of piloting services, and
488	three of whom shall not be involved or monetarily interested in
489	the piloting profession or in the maritime industry or marine
490	shipping, to constitute the members of the board. For purposes
491	of this subsection, a "user of piloting services" may include
492	any person with an ownership interest in a business that
493	regularly employs licensed state pilots or certificated deputy
494	pilots for the purpose of delivering piloting services, or any
495	person who is a direct employee of, and who is employed in a
496	management position for, that business. Each member shall be
497	appointed for a term of 4 years. The Governor shall have power
498	to remove members of the board from office for neglect of duty
499	required by this chapter, for incompetency, or for
500	unprofessional conduct. Any vacancy which may occur in the board
501	in consequence of death, resignation, removal from the state, or
502	other cause shall be filled for the unexpired term by the
503	Governor in the same manner. A majority of those serving on the
504	board shall constitute a quorum.
505	(3)  In appointing members to the board who are pilots, the
506	Governor shall appoint one member from the state at large; one
507	member from any of the following ports: Pensacola, Panama City,
508	or Port St. Joe; one member from any of the following ports:
509	Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
510	West; one member from any of the following ports: Fernandina,
511	Jacksonville, or Port Canaveral; and one member from any of the
512	following ports: Ft. Pierce, Miami, Port Everglades, or Palm
513	Beach.
514	Section 6.  Section 310.151, Florida Statutes, is amended
515	to read:
516	310.151  Rates of pilotage; Pilotage Rate Review Committee
517	Board.-
518	(1)(a)  As used in For the purposes of this section, the
519	term:
520	1.  "Committee" "board" means the Pilotage Rate Review
521	Committee established under this section as part of the Board of
522	Pilot Commissioners.
523	2.  "Board" means the Board of Pilot Commissioners.
524	(b)1.  To carry out the provisions of this section, the
525	Pilotage Rate Review Committee Board is established as part of
526	the Board of Pilot Commissioners created within the Department
527	of Business and Professional Regulation. Members shall be
528	appointed by the Governor, subject to confirmation by the
529	Senate. Members shall be appointed for 4-year terms, except as
530	otherwise specified in this paragraph. No member may serve more
531	than two consecutive 4-year terms or more than 11 years on the
532	board. The committee board shall consist of seven members of the
533	board, two of whom shall be licensed state pilots who are
534	actively practicing their profession who shall be appointed by
535	majority vote of the licensed state pilots serving on the board,
536	two of whom shall be actively involved in a professional or
537	business capacity in maritime or marine shipping or the
538	commercial passenger cruise industry, one of whom shall be a
539	certified public accountant with at least 5 years of experience
540	in financial management, and two shall be citizens of the state.
541	No member may have ever served as a state pilot or deputy pilot,
542	and no member may currently serve or have served as a direct
543	employee, contract employee, partner, corporate officer, sole
544	proprietor, or representative of any vessel operator, shipping
545	agent, or pilot association or organization, except that one
546	member shall be or have been a person licensed by the United
547	States Coast Guard as an unlimited master, without a first-class
548	pilot's endorsement, initially appointed to a 2-year term. One
549	member shall be a certified public accountant with at least 5
550	years' experience in financial management, initially appointed
551	to a 3-year term. One member shall be a former hearing officer
552	or administrative law judge of the Division of Administrative
553	Hearings, as defined in s. 120.65, or a former judge who has
554	served on the Supreme Court or any district court of appeal,
555	circuit court, or county court, initially appointed to a 4-year
556	term. Except as otherwise provided in subparagraph 2., the
557	remaining members shall be appointed by the Governor from among
558	persons not prohibited pursuant to this paragraph. Members of
559	the board shall be appointed so as to be geographically
560	distributed, with the southern, central, northeastern, and
561	northwestern regions of the state having at least one member
562	each.
563	2.  Three members shall be the consumer members of the
564	Board of Pilot Commissioners serving on that board as of January
565	1, 1994. Of those members, one shall be appointed to a 1-year
566	term, one shall be appointed to a 2-year term, and one shall be
567	appointed to a 3-year term. Each of those members shall be
568	eligible for reappointment in the same fashion as other members
569	of the board, but, thereafter, no member of the board shall be a
570	current or former member of the Board of Pilot Commissioners.
571	The service of the consumer members of the Board of Pilot
572	Commissioners on this board, while they are maintaining
573	concurrent membership with the Board of Pilot Commissioners,
574	shall be considered duties in addition to and related to their
575	duties on the Board of Pilot Commissioners. In the event that
576	any of the three board members stipulated according to this
577	subparagraph are unable to serve, the Governor shall fill the
578	position or positions by appointment from among persons not
579	prohibited pursuant to this paragraph.
580	(c)  Committee members shall comply with the disclosure
581	requirements of s. 112.3143(4) if participating in any matter
582	that would result in special private gain or loss as described
583	in that subsection.
584	(d)(c)  The committee board has authority to adopt rules
585	pursuant to ss. 120.536(1) and 120.54 to implement provisions of
586	this section conferring duties upon it. The department shall
587	provide the staff required by the committee board to carry out
588	its duties under this section.
589	(e)(d)  All funds received pursuant to this section shall
590	be placed in the account of the Board of Pilot Commissioners,
591	and the Board of Pilot Commissioners shall pay for all expenses
592	incurred pursuant to this section.
593	(2)  Any pilot, group of pilots, or other person or group
594	of persons whose substantial interests are directly affected by
595	the rates established by the committee board may apply to the
596	committee board for a change in rates. However, an application
597	for a change in rates shall not be considered for any port for
598	which rates have been changed by this committee board in the 18
599	months preceding the filing of the application. All applications
600	for changes in rates shall be made to the committee board, in
601	writing, pursuant to rules prescribed by the committee board. In
602	the case of an application for a rate change on behalf of a
603	pilot or group of pilots, the application shall be accompanied
604	by a consolidated financial statement, statement of profit or
605	loss, and balance sheet prepared by a certified public
606	accountant of the pilot or group of pilots and all relevant
607	information, fiscal and otherwise, on the piloting activities
608	within the affected port area, including financial information
609	on all entities owned or partially owned by the pilot or group
610	of pilots which provide pilot-related services in the affected
611	port area. In the case of an application for a rate change filed
612	on behalf of persons other than a pilot or group of pilots,
613	information regarding the financial state of interested parties
614	other than pilots shall be required only to the extent that such
615	financial information is made relevant by the application or
616	subsequent argument before the committee board. The committee
617	board shall have the authority to set, by rule, a rate review
618	application fee of up to $1,000, which must be submitted to the
619	committee board upon the filing of the application for a rate
620	change.
621	(3)  The committee board shall investigate and determine
622	whether the requested rate change will result in fair, just, and
623	reasonable rates of pilotage pursuant to rules prescribed by the
624	committee board. In addition to publication as required by law,
625	notice of a hearing to determine rates shall be mailed to each
626	person who has formally requested notice of any rate change in
627	the affected port area. The notice shall advise all interested
628	parties that they may file an answer, an additional or
629	alternative petition, or any other applicable pleading or
630	response, within 30 days after the date of publication of the
631	notice, and the notice shall specify the last date by which any
632	such pleading must be filed. The committee board may, for good
633	cause, extend the period for responses to a petition. Multiple
634	petitions filed in this manner do not warrant separate hearings,
635	and these petitions shall be consolidated to the extent that it
636	shall not be necessary to hold a separate hearing on each
637	petition. The committee board shall conclude its investigation,
638	conduct a public hearing, and determine whether to modify the
639	existing rates of pilotage in that port within 60 days after the
640	filing of the completed application, except that the committee
641	board may not be required to complete a hearing for more than
642	one port within any 60-day period. Hearings shall be held in the
643	affected port area, unless a different location is agreed upon
644	by all parties to the proceeding.
645	(4)(a)  The applicant shall be given written notice, either
646	in person or by certified mail, that the committee board intends
647	to modify the pilotage rates in that port and that the applicant
648	may, within 21 days after receipt of the notice, request a
649	hearing pursuant to the Administrative Procedure Act. Notice of
650	the intent to modify the pilotage rates in that port shall also
651	be published in the Florida Administrative Weekly and in a
652	newspaper of general circulation in the affected port area and
653	shall be mailed to any person who has formally requested notice
654	of any rate change in the affected port area. Within 21 days
655	after receipt or publication of notice, any person whose
656	substantial interests will be affected by the intended committee
657	board action may request a hearing pursuant to the
658	Administrative Procedure Act. If the committee board concludes
659	that the petitioner has raised a disputed issue of material
660	fact, the committee board shall designate a hearing, which shall
661	be conducted by formal proceeding before an administrative law
662	judge assigned by the Division of Administrative Hearings
663	pursuant to ss. 120.569 and 120.57(1), unless waived by all
664	parties. If the committee board concludes that the petitioner
665	has not raised a disputed issue of material fact and does not
666	designate the petition for hearing, that decision shall be
667	considered final agency action for purposes of s. 120.68. The
668	failure to request a hearing within 21 days after receipt or
669	publication of notice shall constitute a waiver of any right to
670	an administrative hearing and shall cause the order modifying
671	the pilotage rates in that port to be entered. If an
672	administrative hearing is requested pursuant to this subsection,
673	notice of the time, date, and location of the hearing shall be
674	published in the Florida Administrative Weekly and in a
675	newspaper of general circulation in the affected port area and
676	shall be mailed to the applicant and to any person who has
677	formally requested notice of any rate change for the affected
678	port area.
679	(b)  In any administrative proceeding pursuant to this
680	section, the committee's board's proposed rate determination
681	shall be immediately effective and shall not be stayed during
682	the administrative proceeding, provided that, pending rendition
683	of the committee's board's final order, the pilot or pilots in
684	the subject port deposit in an interest-bearing account all
685	amounts received which represent the difference between the
686	previous rates and the proposed rates. The pilot or pilots in
687	the subject port shall keep an accurate accounting of all
688	amounts deposited, specifying by whom or on whose behalf such
689	amounts were paid, and shall produce such an accounting upon
690	request of the committee board. Upon rendition of the
691	committee's board's final order:
692	1.  Any amounts deposited in the interest-bearing account
693	which are sustained by the final order shall be paid over to the
694	pilot or pilots in the subject port, including all interest
695	accrued on such funds; and
696	2.  Any amounts deposited which exceed the rates sustained
697	in the committee's board's final order shall be refunded, with
698	the accrued interest, to those customers from whom the funds
699	were collected. Any funds that are not refunded after diligent
700	effort of the pilot or pilots to do so shall be disbursed by the
701	pilot or pilots as the committee board shall direct.
702	(5)(a)  In determining whether the requested rate change
703	will result in fair, just, and reasonable rates, the committee
704	board shall give primary consideration to the public interest in
705	promoting and maintaining efficient, reliable, and safe piloting
706	services.
707	(b)  The committee board shall also give consideration to
708	the following factors:
709	1.  The public interest in having qualified pilots
710	available to respond promptly to vessels needing their service.
711	2.  A determination of the average net income of pilots in
712	the port, including the value of all benefits derived from
713	service as a pilot. For the purposes of this subparagraph, "net
714	income of pilots" refers to total pilotage fees collected in the
715	port, minus reasonable operating expenses, divided by the number
716	of licensed and active state pilots within the ports.
717	3.  Reasonable operating expenses of pilots.
718	4.  Pilotage rates in other ports.
719	5.  The amount of time each pilot spends on actual piloting
720	duty and the amount of time spent on other essential support
721	services.
722	6.  The prevailing compensation available to individuals in
723	other maritime services of comparable professional skill and
724	standing as that sought in pilots, it being recognized that in
725	order to attract to the profession of piloting, and to hold the
726	best and most qualified individuals as pilots, the overall
727	compensation accorded pilots should be equal to or greater than
728	that available to such individuals in comparable maritime
729	employment.
730	7.  The impact rate change may have in individual pilot
731	compensation and whether such change will lead to a shortage of
732	licensed state pilots, certificated deputy pilots, or qualified
733	pilot applicants.
734	8.  Projected changes in vessel traffic.
735	9.  Cost of retirement and medical plans.
736	10.  Physical risks inherent in piloting.
737	11.  Special characteristics, dangers, and risks of the
738	particular port.
739	12.  Any other factors the committee board deems relevant
740	in determining a just and reasonable rate.
741	(c)  The committee board may take into consideration the
742	consumer price index or any other comparable economic indicator
743	when fixing rates of pilotage; however, because the consumer
744	price index or such other comparable economic indicator is
745	primarily related to net income rather than rates, the committee
746	board shall not use it as the sole factor in fixing rates of
747	pilotage.
748	(6)  The committee board shall fix rates of pilotage
749	pursuant to this section based upon the following vessel
750	characteristics:
751	(a)  Length.
752	(b)  Beam.
753	(c)  Net tonnage, gross tonnage, or dead weight tonnage.
754	(d)  Freeboard or height above the waterline.
755	(e)  Draft or molded depth.
756	(f)  Any combination of the vessel characteristics listed
757	in this subsection or any other relevant vessel characteristic
758	or characteristics.
759	(7)  The decisions of the committee regarding rates are not
760	appealable to the board.
761	Section 7.  By October 31, 2010, the Governor shall appoint
762	to the Board of Pilot Commissioners the two members actively
763	involved in the maritime or marine shipping or the commercial
764	passenger cruise industry, the certified public accountant, and
765	the two citizens of the state.
766	Section 8.  Paragraph (c) of subsection (12) of section
767	315.03, Florida Statutes, is repealed.
768	Section 9.  Subsection (86) is added to section 316.003,
769	Florida Statutes, to read:
770	316.003  Definitions.-The following words and phrases, when
771	used in this chapter, shall have the meanings respectively
772	ascribed to them in this section, except where the context
773	otherwise requires:
774	(86)  MOTOR CARRIER TRANSPORTATION CONTRACT.-
775	(a)  A contract, agreement, or understanding covering:
776	1.  The transportation of property for compensation or hire
777	by the motor carrier;
778	2.  Entrance on property by the motor carrier for the
779	purpose of loading, unloading, or transporting property for
780	compensation or hire; or
781	3.  A service incidental to activity described in
782	subparagraph 1. or subparagraph 2., including, but not limited
783	to, storage of property.
784	(b)  "Motor carrier transportation contract" does not
785	include the Uniform Intermodal Interchange and Facilities Access
786	Agreement administered by the Intermodal Association of North
787	America or other agreements providing for the interchange, use,
788	or possession of intermodal chassis, containers, or other
789	intermodal equipment.
790	Section 10.  Paragraph (b) of subsection (2) and subsection
791	(4) of section 316.1001, Florida Statutes, are amended to read:
792	316.1001  Payment of toll on toll facilities required;
793	penalties.-
794	(2)
795	(b)  A citation issued under this subsection may be issued
796	by mailing the citation by first-class first class mail, or by
797	certified mail, return receipt requested, to the address of the
798	registered owner of the motor vehicle involved in the violation.
799	Receipt of Mailing the citation to this address constitutes
800	notification. In the case of joint ownership of a motor vehicle,
801	the traffic citation must be mailed to the first name appearing
802	on the registration, unless the first name appearing on the
803	registration is a business organization, in which case the
804	second name appearing on the registration may be used. A
805	citation issued under this paragraph must be mailed to the
806	registered owner of the motor vehicle involved in the violation
807	within 14 days after the date of issuance of the citation
808	violation. In addition to the citation, notification must be
809	sent to the registered owner of the motor vehicle involved in
810	the violation specifying remedies available under ss. 318.14(12)
811	and 318.18(7).
812	(4)  Any governmental entity, including, without
813	limitation, a clerk of court, may provide supply the department
814	with data that is machine readable by the department's computer
815	system, listing persons who have one or more outstanding
816	violations of this section, with reference to the person's
817	driver's license number or vehicle registration number in the
818	case of a business entity. Pursuant to s. 320.03(8), those
819	persons may not be issued a license plate or revalidation
820	sticker for any motor vehicle.
821	Section 11.  Paragraph (b) of subsection (1) of section
822	316.302, Florida Statutes, is amended, and subsection (12) is
823	added to that section, to read:
824	316.302  Commercial motor vehicles; safety regulations;
825	transporters and shippers of hazardous materials; enforcement.-
826	(1)
827	(b)  Except as otherwise provided in this section, all
828	owners or drivers of commercial motor vehicles that are engaged
829	in intrastate commerce are subject to the rules and regulations
830	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
831	exception of 49 C.F.R. s. 390.5 as it relates to the definition
832	of bus, as such rules and regulations existed on October 1, 2009
833	2007.
834	(12)(a)  Notwithstanding any provision of law to the
835	contrary, a provision, clause, covenant, or agreement contained
836	in, collateral to, or affecting a motor carrier transportation
837	contract that purports to indemnify, defend, or hold harmless,
838	or has the effect of indemnifying, defending, or holding
839	harmless, the promisee from or against any liability for loss or
840	damage resulting from the negligence or intentional acts or
841	omissions of the promisee is against the public policy of this
842	state and is void and unenforceable.
843	(b)  As used in this subsection, the term "promisee" means
844	the contract's promisee and any agents, employees, servants, or
845	independent contractors who are directly responsible to the
846	contract's promisee, except that the term does not include motor
847	carriers which are party to a motor carrier transportation
848	contract with the contract's promisee, including such motor
849	carrier's agents, employees, servants, or independent
850	contractors directly responsible to such motor carrier.
851	(c)  This subsection only applies to motor carrier
852	transportation contracts entered into or renewed on or after
853	July 1, 2010.
854	Section 12.  Paragraph (c) of subsection (8) of section
855	316.515, Florida Statutes, is amended to read:
856	316.515  Maximum width, height, length.-
857	(8)  WRECKERS.-The limitations imposed by this section do
858	not apply to a combination of motor vehicles consisting of a
859	wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
860	disabled motor vehicle, trailer, semitrailer, or tractor-trailer
861	combination, or a replacement motor vehicle, which is under tow
862	by the wrecker, if the size and weight of the towed vehicle is
863	consistent with statutory requirements and the requirements of
864	this subsection.
865	(c)  Where the combined weight of the wrecker and the towed
866	vehicle exceeds the maximum weight limits as established by s.
867	316.535, the wrecker must be operating under a current wrecker
868	special use permit or permits as provided in s. 316.550(5)(4) or
869	in accordance with paragraph (b).
870	Section 13.  Paragraphs (c) and (d) of subsection (3) of
871	section 316.545, Florida Statutes, are redesignated as
872	paragraphs (d) and (e), respectively, and a new paragraph (c) is
873	added to that subsection to read:
874	316.545  Weight and load unlawful; special fuel and motor
875	fuel tax enforcement; inspection; penalty; review.-
876	(3)  Any person who violates the overloading provisions of
877	this chapter shall be conclusively presumed to have damaged the
878	highways of this state by reason of such overloading, which
879	damage is hereby fixed as follows:
880	(c)  For a vehicle equipped with fully functional idle-
881	reduction technology, any penalty shall be calculated by
882	reducing the actual gross vehicle weight or the internal bridge
883	weight by the certified weight of the idle-reduction technology
884	or by 400 pounds, whichever is less. The vehicle operator must
885	present written certification of the weight of the idle-
886	reduction technology and must demonstrate or certify that the
887	idle-reduction technology is fully functional at all times. This
888	calculation is not allowed for vehicles described in s.
889	316.535(6);
890	Section 14.  Subsections (4) through (10) of section
891	316.550, Florida Statutes, are renumbered as subsections (5)
892	through (11), respectively, present subsection (7) is amended,
893	and a new subsection (4) is added to that section, to read:
894	316.550  Operations not in conformity with law; special
895	permits.-
896	(4)(a)  The Department of Transportation or local authority
897	may issue permits which authorize commercial vehicles
898	transporting agricultural products with weights not exceeding
899	the limits of s. 316.535(5), plus the scale tolerance provided
900	in s. 316.545(2), to operate off the Interstate Highway System
901	on a designated route specified in the permit.
902	(b)  The designated route shall avoid any bridge which the
903	department determines cannot safely accommodate vehicles with a
904	gross vehicle weight authorized in paragraph (a).
905	(c)  Any vehicle or combination of vehicles which exceeds
906	the weight limits authorized in paragraph (a) shall be unloaded
907	and all material so unloaded shall be cared for by the owner or
908	operator.
909	(8)(7)  The Department of Transportation may impose fines
910	for the operation of a vehicle in violation of this section, as
911	provided in subsection (10) (9).
912	Section 15.  Subsection (7) of section 318.18, Florida
913	Statutes, is amended to read:
914	318.18  Amount of penalties.-The penalties required for a
915	noncriminal disposition pursuant to s. 318.14 or a criminal
916	offense listed in s. 318.17 are as follows:
917	(7)  Mandatory $100 fine for each violation of s. 316.1001
918	plus the amount of the unpaid toll shown on the traffic citation
919	for each citation issued. The clerk of the court shall forward
920	$25 of the $100 fine received, plus the amount of the unpaid
921	toll that is shown on the citation, to the governmental entity
922	that issued the citation for citations issued by toll
923	enforcement officers or to the entity administering the tolls at
924	the facility where the violation occurred for citations issued
925	by law enforcement officers. However, a person may elect to pay
926	$30 to the clerk of the court, plus the amount of the unpaid
927	toll that is shown on the citation, in which case adjudication
928	is withheld, and no points may be assessed under s. 322.27. Upon
929	receipt of the $30 and unpaid toll amount, the clerk of the
930	court shall retain $5 for administrative purposes and shall
931	forward the remaining $25, plus the amount of the unpaid toll
932	shown on the citation, to the governmental entity that issued
933	the citation for citations issued by toll enforcement officers
934	or to the entity administering the tolls at the facility where
935	the violation occurred for citations issued by law enforcement
936	officers. Additionally, adjudication shall be withheld and no
937	points shall be assessed under s. 322.27, except when
938	adjudication is imposed by the court after a hearing pursuant to
939	s. 318.14(5), or on whose behalf the citation was issued. If a
940	plea arrangement is reached prior to the date set for a
941	scheduled evidentiary hearing and, as a result of the plea,
942	adjudication is withheld, there shall be a mandatory fine
943	assessed per citation of not less than $50 and not more than
944	$100, plus the amount of the unpaid toll for each citation
945	issued. The clerk of the court shall forward $25 of the fine
946	imposed plus the amount of the unpaid toll that is shown on the
947	citation to the governmental entity that issued the citation for
948	citations issued by toll enforcement officers or to the entity
949	administering the tolls at the facility where the violation
950	occurred for citations issued by law enforcement officers or on
951	whose behalf the citation was issued. The court shall have
952	specific authority to consolidate issued citations for the same
953	defendant for the purpose of sentencing and aggregate
954	jurisdiction. In addition, the court may direct the department
955	to shall suspend for 60 days the driver's license of a person
956	who is convicted of 10 violations of s. 316.1001 within a 36-
957	month period. Any funds received by a governmental entity for
958	this violation may be used for any lawful purpose related to the
959	operation or maintenance of a toll facility.
960	Section 16.  Subsection (8) of section 320.03, Florida
961	Statutes, is amended to read:
962	320.03  Registration; duties of tax collectors;
963	International Registration Plan.-
964	(8)  If the applicant's name appears on the list referred
965	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
966	license plate or revalidation sticker may not be issued until
967	that person's name no longer appears on the list or until the
968	person presents a receipt from the governmental entity or the
969	clerk of court that provided the data showing that the fines
970	outstanding have been paid. This subsection does not apply to
971	the owner of a leased vehicle if the vehicle is registered in
972	the name of the lessee of the vehicle. The tax collector and the
973	clerk of the court are each entitled to receive monthly, as
974	costs for implementing and administering this subsection, 10
975	percent of the civil penalties and fines recovered from such
976	persons. As used in this subsection, the term "civil penalties
977	and fines" does not include a wrecker operator's lien as
978	described in s. 713.78(13). If the tax collector has private tag
979	agents, such tag agents are entitled to receive a pro rata share
980	of the amount paid to the tax collector, based upon the
981	percentage of license plates and revalidation stickers issued by
982	the tag agent compared to the total issued within the county.
983	The authority of any private agent to issue license plates shall
984	be revoked, after notice and a hearing as provided in chapter
985	120, if he or she issues any license plate or revalidation
986	sticker contrary to the provisions of this subsection. This
987	section applies only to the annual renewal in the owner's birth
988	month of a motor vehicle registration and does not apply to the
989	transfer of a registration of a motor vehicle sold by a motor
990	vehicle dealer licensed under this chapter, except for the
991	transfer of registrations which is inclusive of the annual
992	renewals. This section does not affect the issuance of the title
993	to a motor vehicle, notwithstanding s. 319.23(7)(b).
994	Section 17.  Paragraph (e) of subsection (5) of section
995	320.08, Florida Statutes, is amended to read:
996	320.08  License taxes.-Except as otherwise provided herein,
997	there are hereby levied and imposed annual license taxes for the
998	operation of motor vehicles, mopeds, motorized bicycles as
999	defined in s. 316.003(2), and mobile homes, as defined in s.
1000	320.01, which shall be paid to and collected by the department
1001	or its agent upon the registration or renewal of registration of
1002	the following:
1003	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1004	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1005	(d)  A wrecker, as defined in s. 320.01(40), which is used
1006	to tow a vessel as defined in s. 327.02(39), a disabled,
1007	abandoned, stolen-recovered, or impounded motor vehicle as
1008	defined in s. 320.01(38), or a replacement motor vehicle as
1009	defined in s. 320.01(39): $41 flat, of which $11 shall be
1010	deposited into the General Revenue Fund.
1011	(e)  A wrecker that is used to tow any nondisabled motor
1012	vehicle, regardless of whether such motor vehicle is a disabled
1013	motor vehicle, a replacement motor vehicle, a vessel, or any
1014	other cargo unless used as defined in paragraph (d), as follows:
1015	1.  Gross vehicle weight of 10,000 pounds or more, but less
1016	than 15,000 pounds: $118 flat, of which $31 shall be deposited
1017	into the General Revenue Fund.
1018	2.  Gross vehicle weight of 15,000 pounds or more, but less
1019	than 20,000 pounds: $177 flat, of which $46 shall be deposited
1020	into the General Revenue Fund.
1021	3.  Gross vehicle weight of 20,000 pounds or more, but less
1022	than 26,000 pounds: $251 flat, of which $65 shall be deposited
1023	into the General Revenue Fund.
1024	4.  Gross vehicle weight of 26,000 pounds or more, but less
1025	than 35,000 pounds: $324 flat, of which $84 shall be deposited
1026	into the General Revenue Fund.
1027	5.  Gross vehicle weight of 35,000 pounds or more, but less
1028	than 44,000 pounds: $405 flat, of which $105 shall be deposited
1029	into the General Revenue Fund.
1030	6.  Gross vehicle weight of 44,000 pounds or more, but less
1031	than 55,000 pounds: $772 flat, of which $200 shall be deposited
1032	into the General Revenue Fund.
1033	7.  Gross vehicle weight of 55,000 pounds or more, but less
1034	than 62,000 pounds: $915 flat, of which $237 shall be deposited
1035	into the General Revenue Fund.
1036	8.  Gross vehicle weight of 62,000 pounds or more, but less
1037	than 72,000 pounds: $1,080 flat, of which $280 shall be
1038	deposited into the General Revenue Fund.
1039	9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1040	flat, of which $343 shall be deposited into the General Revenue
1041	Fund.
1042	Section 18.  Paragraph (b) of subsection (32) of section
1043	320.08058, Florida Statutes, is amended to read:
1044	320.08058  Specialty license plates.-
1045	(32)  UNITED WE STAND LICENSE PLATES.-
1046	(b)  The department shall retain all revenues from the sale
1047	of such plates until all startup costs for developing and
1048	issuing the plates have been recovered. Thereafter, 100 percent
1049	of the annual use fee shall be distributed to the Department of
1050	Transportation to fund security-related aviation projects
1051	pursuant to chapter 332 SAFE Council to fund a grant program to
1052	enhance security at airports throughout the state, pursuant to
1053	s. 332.14.
1054	Section 19.  Paragraph (d) of subsection (3) of section
1055	322.27, Florida Statutes, is amended to read:
1056	322.27  Authority of department to suspend or revoke
1057	license.-
1058	(3)  There is established a point system for evaluation of
1059	convictions of violations of motor vehicle laws or ordinances,
1060	and violations of applicable provisions of s. 403.413(6)(b) when
1061	such violations involve the use of motor vehicles, for the
1062	determination of the continuing qualification of any person to
1063	operate a motor vehicle. The department is authorized to suspend
1064	the license of any person upon showing of its records or other
1065	good and sufficient evidence that the licensee has been
1066	convicted of violation of motor vehicle laws or ordinances, or
1067	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1068	more points as determined by the point system. The suspension
1069	shall be for a period of not more than 1 year.
1070	(d)  The point system shall have as its basic element a
1071	graduated scale of points assigning relative values to
1072	convictions of the following violations:
1073	1.  Reckless driving, willful and wanton-4 points.
1074	2.  Leaving the scene of a crash resulting in property
1075	damage of more than $50-6 points.
1076	3.  Unlawful speed resulting in a crash-6 points.
1077	4.  Passing a stopped school bus-4 points.
1078	5.  Unlawful speed:
1079	a.  Not in excess of 15 miles per hour of lawful or posted
1080	speed-3 points.
1081	b.  In excess of 15 miles per hour of lawful or posted
1082	speed-4 points.
1083	6.  A violation of a traffic control signal device as
1084	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1085	7.  All other moving violations (including parking on a
1086	highway outside the limits of a municipality)-3 points. However,
1087	no points shall be imposed for a violation of s. 316.0741 or s.
1088	316.2065(12); and points shall be imposed for a violation of s.
1089	316.1001 only when imposed by the court after a hearing pursuant
1090	to s. 318.14(5).
1091	8.  Any moving violation covered above, excluding unlawful
1092	speed, resulting in a crash-4 points.
1093	9.  Any conviction under s. 403.413(6)(b)-3 points.
1094	10.  Any conviction under s. 316.0775(2)-4 points.
1095	Section 20.  Section 332.14, Florida Statutes, is repealed.
1096	Section 21.  All funds accrued by the Secure Airports for
1097	Florida's Economy Council prior to July 1, 2010, shall be
1098	retained by the Department of Transportation. The Department of
1099	Transportation is authorized to use these funds for statewide
1100	training purposes relating to airport security and management.
1101	The Department of Transportation is further authorized to use
1102	these funds for security-related aviation projects pursuant to
1103	chapter 332, Florida Statutes.
1104	Section 22.  Subsection (1) of section 337.14, Florida
1105	Statutes, is amended to read:
1106	337.14  Application for qualification; certificate of
1107	qualification; restrictions; request for hearing.-
1108	(1)  Any person desiring to bid for the performance of any
1109	construction contract in excess of $250,000 which the department
1110	proposes to let must first be certified by the department as
1111	qualified pursuant to this section and rules of the department.
1112	The rules of the department shall address the qualification of
1113	persons to bid on construction contracts in excess of $250,000
1114	and shall include requirements with respect to the equipment,
1115	past record, experience, financial resources, and organizational
1116	personnel of the applicant necessary to perform the specific
1117	class of work for which the person seeks certification. The
1118	department is authorized to limit the dollar amount of any
1119	contract upon which a person is qualified to bid or the
1120	aggregate total dollar volume of contracts such person is
1121	allowed to have under contract at any one time. Each applicant
1122	seeking qualification to bid on construction contracts in excess
1123	of $250,000 shall furnish the department a statement under oath,
1124	on such forms as the department may prescribe, setting forth
1125	detailed information as required on the application. Each
1126	application for certification shall be accompanied by the latest
1127	annual financial statement of the applicant completed within the
1128	last 12 months. If the application or the annual financial
1129	statement shows the financial condition of the applicant more
1130	than 4 months prior to the date on which the application is
1131	received by the department, then an interim financial statement
1132	must also be submitted and be accompanied by an updated
1133	application. The interim financial statement must cover the
1134	period from the end date of the annual statement and must show
1135	the financial condition of the applicant no more than 4 months
1136	prior to the date the interim financial statement on which the
1137	application is received by the department. Each required annual
1138	or interim financial statement must be audited and accompanied
1139	by the opinion of a certified public accountant or a public
1140	accountant approved by the department. The information required
1141	by this subsection is confidential and exempt from the
1142	provisions of s. 119.07(1). The department shall act upon the
1143	application for qualification within 30 days after the
1144	department determines that the application is complete. The
1145	department may waive the requirements of this subsection for
1146	projects having a contract price of $500,000 or less if the
1147	department determines that the project is of a noncritical
1148	nature and the waiver will not endanger public health, safety,
1149	or property.
1150	Section 23.  Subsection (1) of section 337.401, Florida
1151	Statutes, is amended to read:
1152	337.401  Use of right-of-way for utilities subject to
1153	regulation; permit; fees.-
1154	(1)(a)  The department and local governmental entities,
1155	referred to in ss. 337.401-337.404 as the "authority," that have
1156	jurisdiction and control of public roads or publicly owned rail
1157	corridors are authorized to prescribe and enforce reasonable
1158	rules or regulations with reference to the placing and
1159	maintaining along, across, or on any road or publicly owned rail
1160	corridors under their respective jurisdictions any electric
1161	transmission, telephone, telegraph, or other communications
1162	services lines; pole lines; poles; railways; ditches; sewers;
1163	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1164	pumps; or other structures referred to in this section as the
1165	"utility." For aerial and underground electric utility
1166	transmission lines designed to operate at 69 or more kilovolts
1167	that are needed to accommodate the additional electrical
1168	transfer capacity on the transmission grid resulting from new
1169	base-load generating facilities, where there is no other
1170	practicable alternative available for placement of the electric
1171	utility transmission lines on the department's rights-of-way,
1172	the department's rules shall provide for placement of and access
1173	to such transmission lines adjacent to and within the right-of-
1174	way of any department-controlled public roads, including
1175	longitudinally within limited access facilities to the greatest
1176	extent allowed by federal law, if compliance with the standards
1177	established by such rules is achieved. Such rules may include,
1178	but need not be limited to, that the use of the right-of-way is
1179	reasonable based upon a consideration of economic and
1180	environmental factors, including, without limitation, other
1181	practicable alternative alignments, utility corridors and
1182	easements, impacts on adjacent property owners, and minimum
1183	clear zones and other safety standards, and further provide that
1184	placement of the electric utility transmission lines within the
1185	department's right-of-way does not interfere with operational
1186	requirements of the transportation facility or planned or
1187	potential future expansion of such transportation facility. If
1188	the department approves longitudinal placement of electric
1189	utility transmission lines in limited access facilities,
1190	compensation for the use of the right-of-way is required. Such
1191	consideration or compensation paid by the electric utility in
1192	connection with the department's issuance of a permit does not
1193	create any property right in the department's property
1194	regardless of the amount of consideration paid or the
1195	improvements constructed on the property by the utility. Upon
1196	notice by the department that the property is needed for
1197	expansion or improvement of the transportation facility, the
1198	electric utility transmission line will relocate from the
1199	facility at the electric utility's sole expense. The electric
1200	utility shall pay to the department reasonable damages resulting
1201	from the utility's failure or refusal to timely relocate its
1202	transmission lines. The rules to be adopted by the department
1203	may also address the compensation methodology and relocation. As
1204	used in this subsection, the term "base-load generating
1205	facilities" means electric power plants that are certified under
1206	part II of chapter 403. The department may enter into a permit-
1207	delegation agreement with a governmental entity if issuance of a
1208	permit is based on requirements that the department finds will
1209	ensure the safety and integrity of facilities of the Department
1210	of Transportation; however, the permit-delegation agreement does
1211	not apply to facilities of electric utilities as defined in s.
1212	366.02(2).
1213	(b)  For aerial and underground electric utility
1214	transmission lines designed to operate at 69 or more kilovolts
1215	that are needed to accommodate the additional electrical
1216	transfer capacity on the transmission grid resulting from new
1217	base-load generating facilities, the department's rules shall
1218	provide for placement of and access to such transmission lines
1219	adjacent to and within the right-of-way of any department-
1220	controlled public roads, including longitudinally within limited
1221	access facilities where there is no other practicable
1222	alternative available, to the greatest extent allowed by federal
1223	law, if compliance with the standards established by such rules
1224	is achieved. Without limiting or conditioning the department's
1225	jurisdiction or authority described in paragraph (a), with
1226	respect to limited access right-of-way, such rules may include,
1227	but need not be limited to, that the use of the right-of-way for
1228	longitudinal placement of electric utility transmission lines is
1229	reasonable based upon a consideration of economic and
1230	environmental factors, including, without limitation, other
1231	practicable alternative alignments, utility corridors and
1232	easements, impacts on adjacent property owners, and minimum
1233	clear zones and other safety standards, and further provide that
1234	placement of the electric utility transmission lines within the
1235	department's right-of-way does not interfere with operational
1236	requirements of the transportation facility or planned or
1237	potential future expansion of such transportation facility. If
1238	the department approves longitudinal placement of electric
1239	utility transmission lines in limited access facilities,
1240	compensation for the use of the right-of-way is required. Such
1241	consideration or compensation paid by the electric utility in
1242	connection with the department's issuance of a permit does not
1243	create any property right in the department's property
1244	regardless of the amount of consideration paid or the
1245	improvements constructed on the property by the utility. Upon
1246	notice by the department that the property is needed for
1247	expansion or improvement of the transportation facility, the
1248	electric utility transmission line will be removed or relocated
1249	at the electric utility's sole expense. The electric utility
1250	shall pay to the department reasonable damages resulting from
1251	the utility's failure or refusal to timely remove or relocate
1252	its transmission lines. The rules to be adopted by the
1253	department may also address the compensation methodology and
1254	removal or relocation. As used in this subsection, the term
1255	"base-load generating facilities" means electric power plants
1256	that are certified under part II of chapter 403.
1257	Section 24.  Subsection (4) of section 337.406, Florida
1258	Statutes, is renumbered as subsection (5), and a new subsection
1259	(4) is added to that section to read:
1260	337.406  Unlawful use of state transportation facility
1261	right-of-way; penalties.-
1262	(4)  Camping is prohibited on any portion of the right-of-
1263	way of the State Highway System that is within 100 feet of a
1264	bridge, causeway, overpass, or ramp.
1265	Section 25.  Subsection (1) of section 338.155, Florida
1266	Statutes, is amended to read:
1267	338.155  Payment of toll on toll facilities required;
1268	exemptions.-
1269	(1)  No persons are permitted to use any toll facility
1270	without payment of tolls, except employees of the agency
1271	operating the toll project when using the toll facility on
1272	official state business, state military personnel while on
1273	official military business, handicapped persons as provided in
1274	this section, persons exempt from toll payment by the
1275	authorizing resolution for bonds issued to finance the facility,
1276	and persons exempt on a temporary basis where use of such toll
1277	facility is required as a detour route. Any law enforcement
1278	officer operating a marked official vehicle is exempt from toll
1279	payment when on official law enforcement business. Any person
1280	operating a fire vehicle when on official business or a rescue
1281	vehicle when on official business is exempt from toll payment.
1282	Any person participating in the funeral procession of a law
1283	enforcement officer or firefighter killed in the line of duty is
1284	exempt from toll payment. The secretary, or the secretary's
1285	designee, may suspend the payment of tolls on a toll facility
1286	when necessary to assist in emergency evacuation. The failure to
1287	pay a prescribed toll constitutes a noncriminal traffic
1288	infraction, punishable as a moving violation pursuant to s.
1289	318.18. The department is authorized to adopt rules relating to
1290	the payment, collection, and enforcement of tolls, as authorized
1291	in chapters 316, 318, 320, 322, and 338, including, but not
1292	limited to, rules for the implementation of video or other image
1293	billing and variable pricing guaranteed toll accounts.
1294	Section 26.  Subsection (7) is added to section 341.051,
1295	Florida Statutes, to read:
1296	341.051  Administration and financing of public transit and
1297	intercity bus service programs and projects.-
1298	(7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
1299	(a)  The Legislature recognizes the importance of
1300	encouraging the seamless use of local and regional public
1301	transportation systems by residents of and visitors to the state
1302	wherever possible. The paramount concern is to encourage the
1303	implementation of fare collection systems that are interoperable
1304	and compatible with multiple public transportation systems
1305	throughout the state.
1306	(b)  Notwithstanding any other provision of law to the
1307	contrary, in order to facilitate the ease of transfer from one
1308	public transportation system to another, any public transit
1309	system which connects directly with a new public rail system put
1310	into service after December 1, 2010, and which is adding a new
1311	fare media system or is upgrading its existing fare media system
1312	shall use a universal common contactless fare media that is
1313	compatible with the American Public Transportation Association's
1314	Contactless Fare Media System Standard and allows users to
1315	purchase fares at a single point of sale with coin, cash, or
1316	credit card. This paragraph does not require the use of a
1317	universal common contactless fare media for the paratransit
1318	element of any transit system or by any public transit system
1319	that does not share one or more points of origin or destination
1320	with a public rail system.
1321
1322	For purposes of this section, the term "net operating costs"
1323	means all operating costs of a project less any federal funds,
1324	fares, or other sources of income to the project.
1325	Section 27.  Subsection (7) of section 341.3025, Florida
1326	Statutes, is renumbered as subsection (8), and a new subsection
1327	(7) is added to that section to read:
1328	341.3025  Multicounty public rail system fares and
1329	enforcement.-
1330	(7)(a)  The Legislature recognizes the importance of
1331	encouraging the seamless use of local and regional public
1332	transportation systems by residents of and visitors to the state
1333	wherever possible. The paramount concern is to encourage the
1334	implementation of fare collection systems that are interoperable
1335	and compatible with multiple public transportation systems
1336	throughout the state.
1337	(b)  Notwithstanding any other provision of law to the
1338	contrary, in order to facilitate the ease of transfer from one
1339	public transportation system to another, any new public rail
1340	system that is constructed after December 1, 2010, by the state,
1341	an agency of the state, a regional transportation authority, or
1342	one or more counties or municipalities shall use a universal
1343	common contactless fare media that is compatible with the
1344	American Public Transportation Association's Contactless Fare
1345	Media System Standard and allows users to purchase fares at a
1346	single point of sale with coin, cash, or credit card.
1347	Additionally, any existing public rail system that is adding a
1348	new fare media system or is upgrading its existing fare media
1349	system shall use a universal common contactless fare media that
1350	is compatible with the American Public Transportation
1351	Association's Contactless Fare Media System Standard and allows
1352	users to purchase fares at a single point of sale with coin,
1353	cash, or credit card.
1354	Section 28.  Paragraph (q) is added to subsection (2) of
1355	section 343.64, Florida Statutes, to read:
1356	343.64  Powers and duties.-
1357	(2)  The authority may exercise all powers necessary,
1358	appurtenant, convenient, or incidental to the carrying out of
1359	the aforesaid purposes, including, but not limited to, the
1360	following rights and powers:
1361	(q)  Notwithstanding s. 343.65, to borrow money in a
1362	principal amount not to exceed $10 million in any calendar year
1363	to refinance all or part of the costs or obligations of the
1364	authority, including, but not limited to, obligations of the
1365	authority as a lessee under a lease.
1366	Section 29.  Subsection (3) of section 348.51, Florida
1367	Statutes, is amended to read:
1368	348.51  Definitions.-The following terms whenever used or
1369	referred to in this part shall have the following meanings,
1370	except in those instances where the context clearly indicates
1371	otherwise:
1372	(3)  "Bonds" means and includes the notes, bonds, refunding
1373	bonds, or other evidences of indebtedness or obligations, in
1374	either temporary or definitive form, which of the authority is
1375	authorized to issue issued pursuant to this part.
1376	Section 30.  Section 348.545, Florida Statutes, is amended
1377	to read:
1378	348.545  Facility improvement; bond financing authority.-
1379	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1380	Legislature hereby approves for bond financing by the Tampa-
1381	Hillsborough County Expressway Authority improvements to toll
1382	collection facilities, interchanges to the legislatively
1383	approved expressway system, and any other facility appurtenant,
1384	necessary, or incidental to the approved system. Subject to
1385	terms and conditions of applicable revenue bond resolutions and
1386	covenants, such costs financing may be financed in whole or in
1387	part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1388	whether currently issued or issued in the future, or by a
1389	combination of such bonds.
1390	Section 31.  Subsections (1) and (2) of section 348.56,
1391	Florida Statutes, are amended to read:
1392	348.56  Bonds of the authority.-
1393	(1)(a)  Bonds may be issued on behalf of the authority
1394	pursuant to the State Bond Act.
1395	(b)  Alternatively, the authority shall have the power and
1396	is hereby authorized from time to time to issue bonds in such
1397	principal amount as, in the opinion of the authority, shall be
1398	necessary to provide sufficient moneys for achieving its
1399	corporate purposes, including construction, reconstruction,
1400	improvement, extension, repair, maintenance and operation of the
1401	expressway system, the cost of acquisition of all real property,
1402	interest on bonds during construction and for a reasonable
1403	period thereafter, establishment of reserves to secure bonds,
1404	and all other expenditures of the authority incident to and
1405	necessary or convenient to carry out its corporate purposes and
1406	powers.
1407	(2)(a)  Bonds issued by the authority pursuant to paragraph
1408	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1409	the members of the authority and shall bear such date or dates,
1410	mature at such time or times, not exceeding 40 years from their
1411	respective dates, bear interest at such rate or rates, not
1412	exceeding the maximum rate fixed by general law for authorities,
1413	be in such denominations, be in such form, either coupon or
1414	fully registered, carry such registration, exchangeability and
1415	interchangeability privileges, be payable in such medium of
1416	payment and at such place or places, be subject to such terms of
1417	redemption and be entitled to such priorities of lien on the
1418	revenues, other available moneys, and the Hillsborough County
1419	gasoline tax funds as such resolution or any resolution
1420	subsequent thereto may provide. The bonds shall be executed
1421	either by manual or facsimile signature by such officers as the
1422	authority shall determine, provided that such bonds shall bear
1423	at least one signature which is manually executed thereon. The
1424	coupons attached to such bonds shall bear the facsimile
1425	signature or signatures of such officer or officers as shall be
1426	designated by the authority. Such bonds shall have the seal of
1427	the authority affixed, imprinted, reproduced, or lithographed
1428	thereon.
1429	(b)  The bonds issued pursuant to paragraph (1)(a) or
1430	paragraph (1)(b) shall be sold at public sale in the same manner
1431	provided in the State Bond Act, and the net interest cost to the
1432	authority on such bonds shall not exceed the maximum rate fixed
1433	by general law for authorities. If all bids received on the
1434	public sale are rejected, the authority may then proceed to
1435	negotiate for the sale of the bonds at a net interest cost which
1436	shall be less than the lowest net interest cost stated in the
1437	bids rejected at the public sale. However, if the authority
1438	determines, by official action at a public meeting, that a
1439	negotiated sale of such bonds is in the best interest of the
1440	authority, the authority may negotiate the sale of such bonds
1441	with the underwriter or underwriters designated by the authority
1442	and the Division of Bond Finance within the State Board of
1443	Administration with respect to bonds issued pursuant to
1444	paragraph (1)(a) or solely by the authority with respect to
1445	bonds issued pursuant to paragraph (1)(b). The authority's
1446	determination to negotiate the sale of such bonds may be based,
1447	in part, upon the written advice of the authority's financial
1448	adviser. Pending the preparation of definitive bonds, temporary
1449	bonds or interim certificates may be issued to the purchaser or
1450	purchasers of such bonds and may contain such terms and
1451	conditions as the authority may determine.
1452	Section 32.  Section 348.565, Florida Statutes, is amended
1453	to read:
1454	348.565  Revenue bonds for specified projects.-The existing
1455	facilities that constitute the Tampa-Hillsborough County
1456	Expressway System are hereby approved to be refinanced by the
1457	issuance of revenue bonds issued by the Division of Bond Finance
1458	of the State Board of Administration pursuant to s. 11(f), Art.
1459	VII of the State Constitution and the State Bond Act or by
1460	revenue bonds issued by the authority pursuant to s.
1461	348.56(1)(b). In addition, the following projects of the Tampa-
1462	Hillsborough County Expressway Authority are approved to be
1463	financed or refinanced by the issuance of revenue bonds in
1464	accordance with this part and pursuant to s. 11(f), Art. VII of
1465	the State Constitution:
1466	(1)  Brandon area feeder roads.
1467	(2)  Capital improvements to the expressway system,
1468	including safety and operational improvements and toll
1469	collection equipment.
1470	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1471	(4)  The connector highway linking the Lee Roy Selmon
1472	Crosstown Expressway to Interstate 4.
1473	Section 33.  Subsection (1) of section 348.57, Florida
1474	Statutes, is amended to read:
1475	348.57  Refunding bonds.-
1476	(1)  Subject to public notice as provided in s. 348.54, the
1477	authority is authorized to provide by resolution for the
1478	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1479	for the purpose of refunding any bonds then outstanding
1480	regardless of whether the bonds being refunded were issued by
1481	the authority pursuant to this chapter or on behalf of the
1482	authority pursuant to the State Bond Act. The authority is
1483	further authorized to provide by resolution for the issuance of
1484	bonds for the combined purpose of:
1485	(a)  Paying the cost of constructing, reconstructing,
1486	improving, extending, repairing, maintaining and operating the
1487	expressway system.
1488	(b)  Refunding bonds then outstanding. The authorization,
1489	sale and issuance of such obligations, the maturities and other
1490	details thereof, the rights and remedies of the holders thereof,
1491	and the rights, powers, privileges, duties and obligations of
1492	the authority with respect to the same shall be governed by the
1493	foregoing provisions of this part insofar as the same may be
1494	applicable.
1495	Section 34.  Section 348.70, Florida Statutes, is amended
1496	to read:
1497	348.70  This part complete and additional authority.-
1498	(1)  The powers conferred by this part shall be in addition
1499	and supplemental to the existing respective powers of the
1500	authority, the department, the county, and the city, if any, and
1501	this part shall not be construed as repealing any of the
1502	provisions of any other law, general, special, or local, but
1503	shall be deemed to supersede such other law or laws in the
1504	exercise of the powers provided in this part insofar as such
1505	other law or laws are inconsistent with the provisions of this
1506	part and to provide a complete method for the exercise of the
1507	powers granted herein. The construction, reconstruction,
1508	improvement, extension, repair, maintenance, and operation of
1509	the expressway system, and the issuance of bonds hereunder to
1510	finance all or part of the cost thereof, may be accomplished
1511	upon compliance with the provisions of this part without regard
1512	to or necessity for compliance with the provisions, limitations,
1513	or restrictions contained in any other general, special, or
1514	local law, including, but not limited to, s. 215.821, and no
1515	approval of any bonds issued under this part by the qualified
1516	electors or qualified electors who are freeholders in the state
1517	or in the county or in the city or in any other political
1518	subdivision of the state shall be required for the issuance of
1519	such bonds.
1520	(2)  This part does not repeal, rescind, or modify any
1521	other law or laws relating to the State Board of Administration,
1522	the Department of Transportation, or the Division of Bond
1523	Finance of the State Board of Administration, but shall
1524	supersede such other law or laws as are inconsistent with the
1525	provisions of this part, including, but not limited to, s.
1526	215.821.
1527	Section 35.  Part XI of chapter 348, Florida Statutes,
1528	consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1529	348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1530	348.9960, 348.9961, 348.9962, 348.9963, 348.9964, 348.9965,
1531	348.9966, and 348.9967, is created to read:
1532	PART XI
1533	OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1534	348.9950  Short title.-This part may be cited as the
1535	"Osceola County Expressway Authority Law."
1536	348.9951  Definitions.-As used in this part, except where
1537	the context clearly indicates otherwise, the term:
1538	(1)  "Agency of the state" means the state and any
1539	department of or corporation, agency, or instrumentality
1540	created, designated, or established by the state.
1541	(2)  "Authority" means the body politic and corporate and
1542	agency of the state created by this part.
1543	(3)  "Bonds" means and includes the notes, bonds, refunding
1544	bonds, or other evidences of indebtedness or obligations, in
1545	either temporary or definitive form, that the authority is
1546	authorized to issue under this part.
1547	(4)  "County" means Osceola County.
1548	(5)  "Department" means the Department of Transportation.
1549	(6)  "Federal agency" means the United States, the
1550	President of the United States, and any department of or
1551	corporation, agency, or instrumentality created, designated, or
1552	established by the United States.
1553	(7)  "Lease-purchase agreement" means any lease-purchase
1554	agreement the authority is authorized under this part to enter
1555	into with the department.
1556	(8)  "Limited access expressway" or "expressway" means a
1557	street or highway especially designed for through traffic and
1558	over, from, or to which no person has a right of easement, use,
1559	or access except in accordance with the rules and regulations
1560	adopted by the authority for the use of such facility. Such
1561	streets or highways may be parkways from which trucks, buses,
1562	and other commercial vehicles are excluded or freeways open to
1563	use by all customary forms of street and highway traffic.
1564	(9)  "Members" means the governing body of the authority,
1565	and the term "member" means one of the individuals constituting
1566	such governing body.
1567	(10)  "Osceola County Expressway System" or "system" means
1568	any and all expressways and appurtenant facilities thereto,
1569	including, but not limited to, all approaches, roads, bridges,
1570	and avenues of access for such expressways that are built by the
1571	authority or the ownership of which is transferred to the
1572	authority by other governmental or private entities.
1573	(11)  "Osceola County gasoline tax funds" means all the 80-
1574	percent surplus gasoline tax funds accruing in each year to the
1575	department for use in Osceola County under s. 9, Art. XII of the
1576	State Constitution after deduction only of any amounts of such
1577	gasoline tax funds pledged by the department or the county for
1578	outstanding obligations.
1579	(12)  "State Board of Administration" means the body
1580	corporate existing under s. 9, Art. XII of the State
1581	Constitution or any successor thereto.
1582	348.9952  Osceola County Expressway Authority.-
1583	(1)  There is created a body politic and corporate, an
1584	agency of the state, to be known as the Osceola County
1585	Expressway Authority.
1586	(2)(a)  The governing body of the authority shall consist
1587	of six members. Five members must be residents of Osceola
1588	County, three of whom shall be appointed by the governing body
1589	of the county and two of whom shall be appointed by the
1590	Governor. The sixth member shall be the district secretary of
1591	the department serving in the district that includes Osceola
1592	County, who shall serve as an ex officio, nonvoting member. The
1593	term of each appointed member shall be for 4 years, except that
1594	the first term of the initial members appointed by the Governor
1595	shall be 2 years each. Each appointed member shall hold office
1596	until his or her successor has been appointed and has qualified.
1597	A vacancy occurring during a term shall be filled only for the
1598	balance of the unexpired term. Each appointed member of the
1599	authority shall be a person of outstanding reputation for
1600	integrity, responsibility, and business ability, but no person
1601	who is an officer or employee of any city or of Osceola County
1602	in any other capacity shall be an appointed member of the
1603	authority. A member of the authority is eligible for
1604	reappointment.
1605	(b)  Members of the authority may be removed from office by
1606	the Governor for misconduct, malfeasance, or nonfeasance in
1607	office.
1608	(3)(a)  The authority shall elect one of its members as
1609	chair. The authority shall also elect a secretary and a
1610	treasurer, who may be members of the authority. The chair,
1611	secretary, and treasurer shall hold such offices at the will of
1612	the authority.
1613	(b)  Three members of the authority constitute a quorum,
1614	and the vote of three members is necessary for any action taken
1615	by the authority. A vacancy in the authority does not impair the
1616	right of a quorum of the authority to exercise all of the rights
1617	and perform all of the duties of the authority.
1618	(4)(a)  The authority may employ an executive secretary, an
1619	executive director, its own counsel and legal staff, technical
1620	experts, engineers, and other employees, permanent or temporary,
1621	as it may require; may determine the qualifications and fix the
1622	compensation of such persons, firms, or corporations; and may
1623	employ a fiscal agent or agents. However, the authority shall
1624	solicit sealed proposals from at least three persons, firms, or
1625	corporations for the performance of any services as fiscal
1626	agents. The authority may delegate to one or more of its agents
1627	or employees such of its power as it deems necessary to carry
1628	out the purposes of this part, subject always to the supervision
1629	and control of the authority.
1630	(b)  Members of the authority are entitled to receive from
1631	the authority their travel and other necessary expenses incurred
1632	in connection with the business of the authority as provided in
1633	s. 112.061, but they shall draw no salaries or other
1634	compensation.
1635	(c)  The department is not required to grant funds for
1636	startup costs to the authority; however, the governing body of
1637	the county may provide funds for such startup costs.
1638	(d)  The authority shall cooperate with and participate in
1639	any efforts to establish a regional expressway authority.
1640	(e)  Notwithstanding any other provision of law, including
1641	s. 339.175(3), the authority shall not be entitled to voting
1642	membership in a metropolitan planning organization in which
1643	Osceola County, or any of the municipalities therein, are also
1644	voting members.
1645	348.9953  Purposes and powers.-
1646	(1)  The authority may acquire, hold, construct, improve,
1647	maintain, operate, own, and lease in the capacity of lessor the
1648	Osceola County Expressway System and, in the construction of the
1649	system, may construct any extensions, additions, or improvements
1650	to the system or appurtenant facilities, including all necessary
1651	approaches, roads, bridges, and avenues of access, with such
1652	changes, modifications, or revisions of such project as the
1653	authority deems desirable and proper.
1654	(2)  The authority may exercise all powers necessary,
1655	appurtenant, convenient, or incidental to the carrying out of
1656	its purposes, including, but not limited to, the following
1657	rights and powers:
1658	(a)  To sue and be sued, implead and be impleaded, and
1659	complain and defend in all courts.
1660	(b)  To adopt, use, and alter at will a corporate seal.
1661	(c)  To acquire by donation, purchase, or otherwise and
1662	hold, lease as lessee, and use any franchise or property, real,
1663	personal, or mixed, tangible or intangible, or any options
1664	thereof, in its own name or in conjunction with others, or
1665	interest therein, necessary or desirable for carrying out the
1666	purposes of the authority and to sell, lease as lessor,
1667	transfer, and dispose of any property or interest therein at any
1668	time acquired by it.
1669	(d)  To enter into lease agreements for terms not exceeding
1670	40 years as either lessee or lessor to carry out the right to
1671	lease as set forth in this part.
1672	(e)  To enter into lease-purchase agreements with the
1673	department for terms not exceeding 40 years, or until any bonds
1674	secured by a pledge of rentals thereunder and any refundings
1675	thereof are fully paid as to both principal and interest,
1676	whichever is longer.
1677	(f)  To fix, alter, charge, establish, and collect rates,
1678	fees, rentals, and other charges for the services and facilities
1679	of the system, which rates, fees, rentals, and other charges
1680	must always be sufficient to comply with any covenants made with
1681	the holders of any bonds issued pursuant to this part; however,
1682	such right and power may be assigned or delegated by the
1683	authority to the department.
1684	(g)  To borrow money and make and issue negotiable notes,
1685	bonds, refunding bonds, and other evidences of indebtedness or
1686	obligations, either in temporary or definitive form, hereinafter
1687	in this part sometimes called "bonds" of the authority, for the
1688	purpose of financing all or part of the improvement or extension
1689	of the system and appurtenant facilities, including all
1690	approaches, streets, roads, bridges, and avenues of access for
1691	the system and for any other purpose authorized by this part,
1692	such bonds to mature no more than 40 years after the date of the
1693	issuance thereof, and to secure the payment of such bonds or any
1694	part thereof by a pledge of any or all of its revenues, rates,
1695	fees, rentals, or other charges, including all or any portion of
1696	the Osceola County gasoline tax funds received by the authority
1697	pursuant to the terms of any lease-purchase agreement between
1698	the authority and the department; and, in general, to provide
1699	for the security of such bonds and the rights and remedies of
1700	the holders thereof. However, no portion of the Osceola County
1701	gasoline tax funds shall be pledged for the construction of any
1702	project for which a toll is to be charged unless the anticipated
1703	tolls are reasonably estimated by the board of county
1704	commissioners, at the date of its resolution pledging such
1705	funds, to be sufficient to cover the principal and interest of
1706	such obligations during the period when such pledge of funds
1707	shall be in effect.
1708	1.  The authority shall reimburse Osceola County for any
1709	sums expended from such gasoline tax funds used for the payment
1710	of such obligations. Any gasoline tax funds so disbursed shall
1711	be repaid when the authority deems it practicable, together with
1712	interest at the highest rate applicable to any obligations of
1713	the authority.
1714	2.  If the authority decides to fund or refund any bonds
1715	issued by the authority or by the commission prior to their
1716	maturity, the proceeds of such funding or refunding bonds must,
1717	pending the prior redemption of the bonds to be funded or
1718	refunded, be invested in direct obligations of the United
1719	States. Such outstanding bonds may be funded or refunded by the
1720	issuance of bonds pursuant to this part.
1721	(h)  To make contracts of every name and nature, including,
1722	but not limited to, partnerships providing for participation in
1723	ownership and revenues, and to execute all instruments necessary
1724	or convenient for the carrying on of its business.
1725	(i)  Without limitation of the foregoing, to borrow money
1726	and accept grants from and to enter into contracts, leases, or
1727	other transactions with any federal agency, the state, any
1728	agency of the state, Osceola County, or any other public body of
1729	the state.
1730	(j)  To have the power of eminent domain, including the
1731	procedural powers granted under chapters 73 and 74.
1732	(k)  To pledge, hypothecate, or otherwise encumber all or
1733	any part of the revenues, rates, fees, rentals, or other charges
1734	or receipts of the authority, including all or any portion of
1735	the Osceola County gasoline tax funds received by the authority
1736	pursuant to the terms of any lease-purchase agreement between
1737	the authority and the department, as security for all or any of
1738	the obligations of the authority.
1739	(l)  To enter into partnerships and other agreements
1740	respecting ownership and revenue participation in order to
1741	facilitate financing and constructing any project or portions
1742	thereof.
1743	(m)  To participate in developer agreements or to receive
1744	developer contributions.
1745	(n)  To contract with Osceola County for the operation of a
1746	toll facility within the county.
1747	(o)  To do all acts and things necessary or convenient for
1748	the conduct of its business and the general welfare of the
1749	authority in order to carry out the powers granted to it by this
1750	part or any other law.
1751	(p)  With the consent of the county within the jurisdiction
1752	of which the following activities occur, to construct, operate,
1753	and maintain roads, bridges, avenues of access, thoroughfares,
1754	and boulevards outside the jurisdictional boundaries of Osceola
1755	County, and to construct, repair, replace, operate, install, and
1756	maintain electronic toll payment systems thereon, with all
1757	necessary and incidental powers to accomplish the foregoing.
1758	(q)  To enter into an interlocal agreement with the
1759	Orlando-Orange County Expressway Authority to coordinate and
1760	plan for projects in order to avoid any negative impacts on
1761	either authority.
1762	(3)  The authority shall not, at any time or in any manner,
1763	pledge the credit or taxing power of the state or any political
1764	subdivision or agency thereof, including Osceola County, nor
1765	shall the authority's obligations be deemed to be an obligation
1766	of the state or of any political subdivision or agency thereof,
1767	nor shall the state or any political subdivision or agency
1768	thereof, except the authority, be liable for the payment of the
1769	principal of or interest on such obligations.
1770	(4)  Notwithstanding any other provision of this part,
1771	acquisition of right-of-way for a project of the authority which
1772	is within the boundaries of any municipality in Osceola County
1773	shall not be initiated unless and until the governing body of
1774	that municipality has approved the route of such project.
1775	(5)  Notwithstanding any other provision of this part,
1776	acquisition of right-of-way for a project of the authority which
1777	is within the unincorporated area of Osceola County shall not be
1778	initiated unless and until the governing body of Osceola County
1779	has approved the route of such project.
1780	(6)  The authority shall not, without the consent of
1781	Osceola County or any affected municipality, enter into any
1782	agreement that would legally prohibit the construction of any
1783	road by Osceola County or by any municipality within Osceola
1784	County.
1785	348.9954  Bond financing authority for improvements.-
1786	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1787	Legislature hereby approves for bond financing by the Osceola
1788	County Expressway Authority improvements to toll collection
1789	facilities, interchanges to the legislatively approved
1790	expressway system, and any other facility appurtenant,
1791	necessary, or incidental to the approved system. Subject to
1792	terms and conditions of applicable revenue bond resolutions and
1793	covenants, such costs may be financed in whole or in part by
1794	revenue bonds issued pursuant to s. 348.9955(1)(a) or (b) or by
1795	a combination of such bonds, whether currently issued or issued
1796	in the future.
1797	348.9955  Bonds of the authority.-
1798	(1)(a)  Bonds may be issued on behalf of the authority
1799	pursuant to the State Bond Act.
1800	(b)  Alternatively, the authority may issue its own bonds
1801	pursuant to this part at such times and in such principal amount
1802	as, in the opinion of the authority, is necessary to provide
1803	sufficient moneys for achieving its purposes; however, such
1804	bonds may not pledge the full faith and credit of the state.
1805	Bonds issued by the authority pursuant to this paragraph or
1806	paragraph (a), whether on original issuance or on refunding,
1807	shall be authorized by resolution of the members thereof and may
1808	be either term or serial bonds, shall bear such date or dates,
1809	mature at such time or times, not exceeding 40 years from their
1810	respective dates, bear interest at such rate or rates, payable
1811	semiannually, be in such denominations, be in such form, either
1812	coupon or fully registered, shall carry such registration,
1813	exchangeability, and interchangeability privileges, be payable
1814	in such medium of payment and at such place or places, be
1815	subject to such terms of redemption, and be entitled to such
1816	priorities on the revenues, rates, fees, rentals, or other
1817	charges or receipts of the authority, including the Osceola
1818	County gasoline tax funds received by the authority pursuant to
1819	the terms of any lease-purchase agreement between the authority
1820	and the department, as such resolution or any resolution
1821	subsequent thereto may provide. The bonds shall be executed
1822	either by manual or facsimile signature by such officers as the
1823	authority shall determine, provided that such bonds shall bear
1824	at least one signature which is manually executed thereon, and
1825	the coupons attached to such bonds shall bear the facsimile
1826	signature or signatures of such officer or officers as shall be
1827	designated by the authority and shall have the seal of the
1828	authority affixed, imprinted, reproduced, or lithographed
1829	thereon, all as may be prescribed in such resolution or
1830	resolutions.
1831	(c)  Bonds issued pursuant to paragraph (a) or paragraph
1832	(b) shall be sold at public sale in the same manner provided by
1833	the State Bond Act. However, if the authority shall, by official
1834	action at a public meeting, determine that a negotiated sale of
1835	such bonds is in the best interest of the authority, the
1836	authority may negotiate the sale of such bonds with the
1837	underwriter designated by the authority and the Division of Bond
1838	Finance of the State Board of Administration with respect to
1839	bonds issued pursuant to paragraph (a) or solely the authority
1840	with respect to bonds issued pursuant to paragraph (b). The
1841	authority's determination to negotiate the sale of such bonds
1842	may be based, in part, upon the written advice of the
1843	authority's financial adviser. Pending the preparation of
1844	definitive bonds, interim certificates may be issued to the
1845	purchaser or purchasers of such bonds and may contain such terms
1846	and conditions as the authority may determine.
1847	(d)  The authority may issue bonds pursuant to paragraph
1848	(b) to refund any bonds previously issued regardless of whether
1849	the bonds being refunded were issued by the authority pursuant
1850	to this part or on behalf of the authority pursuant to the State
1851	Bond Act.
1852	(2)  Any such resolution or resolutions authorizing any
1853	bonds under this part may contain provisions which shall be part
1854	of the contract with the holders of such bonds, as to:
1855	(a)  The pledging of all or any part of the revenues,
1856	rates, fees, rentals, including all or any portion of the
1857	Osceola County gasoline tax funds received by the authority
1858	pursuant to the terms of any lease-purchase agreement between
1859	the authority and the department, or any part thereof, or other
1860	charges or receipts of the authority, derived by the authority,
1861	from the Osceola County Expressway System.
1862	(b)  The completion, improvement, operation, extension,
1863	maintenance, repair, lease, or lease-purchase agreement of the
1864	system and the duties of the authority and others, including the
1865	department, with reference thereto.
1866	(c)  Limitations on the purposes to which the proceeds of
1867	the bonds, then or thereafter to be issued, or of any loan or
1868	grant by the United States or the state may be applied.
1869	(d)  The fixing, charging, establishing, and collecting of
1870	rates, fees, rentals, or other charges for use of the services
1871	and facilities of the Osceola County Expressway System or any
1872	part thereof.
1873	(e)  The setting aside of reserves or sinking funds or
1874	repair and replacement funds and the regulation and disposition
1875	thereof.
1876	(f)  Limitations on the issuance of additional bonds.
1877	(g)  The terms and provisions of any lease-purchase
1878	agreement, deed of trust, or indenture securing the bonds or
1879	under which the bonds may be issued.
1880	(h)  Any other or additional agreements with the holders of
1881	the bonds which the authority may deem desirable and proper.
1882	(3)  The authority may employ fiscal agents as provided by
1883	this part, or the State Board of Administration may, upon
1884	request of the authority, act as fiscal agent for the authority
1885	in the issuance of any bonds that may be issued pursuant to this
1886	part. The State Board of Administration may, upon request of the
1887	authority, take over the management, control, administration,
1888	custody, and payment of any or all debt services or funds or
1889	assets now or hereafter available for any bonds issued pursuant
1890	to this part. The authority may enter into any deeds of trust,
1891	indentures, or other agreements with its fiscal agent or with
1892	any bank or trust company within or without the state as
1893	security for such bonds and may, under such agreements, sign and
1894	pledge all or any of the revenues, rates, fees, rentals, or
1895	other charges or receipts of the authority, including all or any
1896	portion of the Osceola County gasoline tax funds received by the
1897	authority pursuant to the terms of any lease-purchase agreement
1898	between the authority and the department, thereunder. Such deed
1899	of trust, indenture, or other agreement may contain such
1900	provisions as are customary in such instruments or, as the
1901	authority may authorize, including, but without limitation,
1902	provisions as to:
1903	(a)  The completion, improvement, operation, extension,
1904	maintenance, repair, and lease of or lease-purchase agreement
1905	relating to the Osceola County Expressway System and the duties
1906	of the authority and others, including the department, with
1907	reference thereto.
1908	(b)  The application of funds and the safeguarding of funds
1909	on hand or on deposit.
1910	(c)  The rights and remedies of the trustee and the holders
1911	of the bonds.
1912	(d)  The terms and provisions of the bonds or the
1913	resolutions authorizing the issuance of the bonds.
1914	(4)  Any of the bonds issued pursuant to this part are, and
1915	are declared to be, negotiable instruments and shall have all
1916	the qualities and incidents of negotiable instruments under the
1917	law merchant and the negotiable instruments law of the state.
1918	(5)  Notwithstanding any of the provisions of this part,
1919	each project, building, or facility which has been financed by
1920	the issuance of bonds or other evidence of indebtedness under
1921	this part and any refinancing thereof is hereby approved as
1922	provided for in s. 11(f), Art. VII of the State Constitution.
1923	348.9956  Remedies of the bondholders.-
1924	(1)  The rights and remedies conferred by this part upon or
1925	granted to the bondholders shall be in addition to and not in
1926	limitation of any rights and remedies lawfully granted to such
1927	bondholders by the resolution or resolutions providing for the
1928	issuance of bonds or by a lease-purchase agreement, deed of
1929	trust, indenture, or other agreement under which the bonds may
1930	be issued or secured. If the authority defaults in the payment
1931	of the principal of or interest on any of the bonds issued under
1932	this part after such principal of or interest on such bonds
1933	becomes due, whether at maturity or upon call for redemption, or
1934	if the department defaults in any payments under or covenants
1935	made in any lease-purchase agreement between the authority and
1936	the department, and such default continues for a period of 30
1937	days, or if the authority or the department fails or refuses to
1938	comply with this part or any agreement made with or for the
1939	benefit of the holders of the bonds, the holders of 25 percent
1940	in aggregate principal amount of the bonds then outstanding
1941	shall be entitled as of right to the appointment of a trustee to
1942	represent such bondholders for the purposes hereof; provided,
1943	however, that such holders of 25 percent in aggregate principal
1944	amount of the bonds then outstanding have first given notice to
1945	the authority and to the department of their intention to
1946	appoint a trustee. Such notice shall be deemed to have been
1947	given if given in writing, deposited in a securely sealed
1948	postpaid wrapper, mailed at a regularly maintained United States
1949	post office box or station, and addressed, respectively, to the
1950	chair of the authority and to the Secretary of Transportation at
1951	the principal office of the department.
1952	(2)  Such trustee and any trustee under any deed of trust,
1953	indenture, or other agreement may, and upon written request of
1954	the holders of 25 percent or such other percentages as may be
1955	specified in any deed of trust, indenture, or other agreement
1956	aforesaid in principal amount of the bonds then outstanding
1957	shall, in any court of competent jurisdiction in his, her, or
1958	its own name:
1959	(a)  By mandamus or other suit, action, or proceeding at
1960	law or in equity, enforce all rights of the bondholders,
1961	including the right to require the authority to fix, establish,
1962	maintain, collect, and charge rates, fees, rentals, and other
1963	charges adequate to carry out any agreement as to or pledge of
1964	the revenues or receipts of the authority, to carry out any
1965	other covenants and agreements with or for the benefit of the
1966	bondholders, and to perform its and their duties under this
1967	part.
1968	(b)  By mandamus or other suit, action, or proceeding at
1969	law or in equity, enforce all rights of the bondholders under or
1970	pursuant to any lease-purchase agreement between the authority
1971	and the department, including the right to require the
1972	department to make all rental payments required to be made by it
1973	under the provisions of any such lease-purchase agreement,
1974	whether from the Osceola County gasoline tax funds or other
1975	funds of the department so agreed to be paid, and to require the
1976	department to carry out any other covenants and agreements with
1977	or for the benefit of the bondholders and to perform its and
1978	their duties under this part.
1979	(c)  Bring suit upon the bonds.
1980	(d)  By action or suit in equity, require the authority or
1981	the department to account as if it were the trustee of an
1982	express trust for the bondholders.
1983	(e)  By action or suit in equity, enjoin any acts or things
1984	which may be unlawful or in violation of the rights of the
1985	bondholders.
1986	(3)  Whether or not all bonds have been declared due and
1987	payable, any trustee, when appointed under this section or
1988	acting under a deed of trust, indenture, or other agreement,
1989	shall be entitled as of right to the appointment of a receiver
1990	who may enter upon and take possession of the Osceola County
1991	Expressway System or the facilities or any part or parts
1992	thereof, the rates, fees, rentals, or other revenues, charges,
1993	or receipts from which are or may be applicable to the payment
1994	of the bonds so in default; and, subject to and in compliance
1995	with the provisions of any lease-purchase agreement between the
1996	authority and the department, operate and maintain the same for
1997	and on behalf and in the name of the authority, the department,
1998	and the bondholders; and collect and receive all rates, fees,
1999	rentals, and other charges or receipts or revenues arising
2000	therefrom in the same manner as the authority or the department
2001	might do; and shall deposit all such moneys in a separate
2002	account and apply the same in such manner as the court shall
2003	direct. In any suit, action, or proceeding by the trustee, the
2004	fees, counsel fees, and expenses of the trustee and such
2005	receiver, if any, and all costs and disbursements allowed by the
2006	court shall be a first charge on any rates, fees, rentals, or
2007	other charges, revenues, or receipts derived from the Osceola
2008	County Expressway System or the facilities or services or any
2009	part or parts thereof, including payments under any such lease-
2010	purchase agreement as aforesaid which such rates, fees, rentals,
2011	or other charges, revenues, or receipts shall or may be
2012	applicable to the payment of the bonds so in default. Such
2013	trustee shall also have and possess all of the powers necessary
2014	or appropriate for the exercise of any functions specifically
2015	set forth in this part or incident to the representation of the
2016	bondholders in the enforcement and protection of their rights.
2017	(4)  Nothing in this section or any other section of this
2018	part authorizes any receiver appointed pursuant to this part for
2019	the purpose, subject to and in compliance with the provisions of
2020	any lease-purchase agreement between the authority and the
2021	department, of operating and maintaining the Osceola County
2022	Expressway System or any facilities or part or parts thereof to
2023	sell, assign, mortgage, or otherwise dispose of any of the
2024	assets of whatever kind and character belonging to the
2025	authority. It is the intention of this part to limit the powers
2026	of such receiver, subject to and in compliance with the
2027	provisions of any lease-purchase agreement between the authority
2028	and the department, to the operation and maintenance of the
2029	Osceola County Expressway System or any facility or part or
2030	parts thereof, as the court may direct, in the name and for and
2031	on behalf of the authority, the department, and the bondholders.
2032	No holder of bonds of the authority or any trustee shall ever
2033	have the right in any suit, action, or proceeding at law or in
2034	equity to compel a receiver, nor shall any receiver be
2035	authorized or any court be empowered to direct the receiver, to
2036	sell, assign, mortgage, or otherwise dispose of any assets of
2037	whatever kind or character belonging to the authority.
2038	348.9957  Lease-purchase agreement.-
2039	(1)  In order to effectuate the purposes of this part and
2040	as authorized by this part, the authority may enter into a
2041	lease-purchase agreement with the department relating to and
2042	covering the system.
2043	(2)  Such lease-purchase agreement shall provide for the
2044	leasing of the system by the authority as lessor to the
2045	department as lessee, shall prescribe the term of such lease and
2046	the rentals to be paid under the lease, and shall provide that,
2047	upon the completion of the faithful performance under and
2048	termination of the agreement, title in fee simple absolute to
2049	the system as then constituted shall be transferred in
2050	accordance with law by the authority to the state and the
2051	authority shall deliver to the department such deeds and
2052	conveyances as are necessary or convenient to vest title in fee
2053	simple absolute in the state.
2054	(3)  Such lease-purchase agreement may include such other
2055	provisions, agreements, and covenants as the authority and the
2056	department deem advisable or required, including, but not
2057	limited to, provisions as to the bonds to be issued under and
2058	for the purposes of this part; the completion, extension,
2059	improvement, operation, and maintenance of the system; the
2060	expenses and the cost of operation of the authority; the
2061	charging and collection of tolls, rates, fees, and other charges
2062	for the use of the services and facilities of the system; the
2063	application of federal or state grants or aid which may be made
2064	or given to assist the authority in the completion, extension,
2065	improvement, operation, and maintenance of the system, which the
2066	authority may accept and apply to such purposes; the enforcement
2067	of payment and collection of rentals; and any other terms,
2068	provisions, or covenants necessary, incidental, or appurtenant
2069	to the making of and full performance under the agreement.
2070	(4)  The department as lessee under such lease-purchase
2071	agreement is authorized to pay as rentals thereunder any rates,
2072	fees, charges, funds, moneys, receipts, or income accruing to
2073	the department from the operation of the system and the Osceola
2074	County gasoline tax funds and may also pay as rentals any
2075	appropriations received by the department pursuant to any act of
2076	the Legislature. However, nothing in this part or in such lease-
2077	purchase agreement shall require the making or continuance of
2078	such appropriations, nor shall any holder of bonds issued
2079	pursuant to this part have any right to compel the making or
2080	continuance of such appropriations.
2081	(5)  A pledge of Osceola County gasoline tax funds as
2082	rentals under such lease-purchase agreement shall not be made
2083	without the consent of Osceola County evidenced by a resolution
2084	duly adopted by the board of county commissioners of the county
2085	at a public hearing held pursuant to due notice thereof
2086	published at least once a week for 3 consecutive weeks before
2087	the hearing in a newspaper of general circulation in Osceola
2088	County. In addition to other provisions, the resolution must
2089	provide that any excess of such pledged gasoline tax funds which
2090	is not required for debt service or reserves for such debt
2091	service for any bonds issued by the authority shall be returned
2092	annually to the department for distribution to Osceola County as
2093	provided by law. Before making any application for such pledge
2094	of gasoline tax funds, the authority shall present the plan of
2095	its proposed project to the Osceola County Planning and Zoning
2096	Commission for its comments and recommendations.
2097	(6)  The department may covenant in any lease-purchase
2098	agreement that it will pay, from sources other than the revenues
2099	derived from the operation of the system and Osceola County
2100	gasoline tax funds, all or any part of the cost of the
2101	operation, maintenance, repair, renewal, and replacement of the
2102	system and any part of the cost of completing the system to the
2103	extent that the proceeds of bonds issued therefor are
2104	insufficient. The department may also agree to make such other
2105	payments from any moneys available to the county in connection
2106	with the construction or completion of the system as the
2107	department deems to be fair and proper under such covenants.
2108	(7)  The system shall be a part of the state road system,
2109	and the department may, upon the request of the authority,
2110	expend moneys from funds available for such purposes and use its
2111	engineering and other forces as it deems necessary and desirable
2112	for the operation of the authority and for traffic surveys,
2113	borings, surveys, preparation of plans and specifications,
2114	estimates of cost, and other preliminary engineering and other
2115	studies; however, the aggregate amount of moneys expended for
2116	such purposes by the department must not exceed $375,000.
2117	348.9958  Department may be appointed agent of authority
2118	for construction.-The authority may appoint the department as
2119	its agent for the purpose of constructing improvements and
2120	extensions to and the completion of the system. In such event,
2121	the authority shall provide the department with complete copies
2122	of all documents, agreements, resolutions, contracts, and
2123	instruments relating to the system; shall request the department
2124	to do such construction work, including the planning, surveying,
2125	and actual construction of the completion, extensions, and
2126	improvements to the system; and shall transfer to the credit of
2127	an account of the department in the treasury of the state the
2128	necessary funds for such purpose. After such appointment and
2129	receipt of funds, the department is authorized, empowered, and
2130	directed to proceed with such construction and to use the funds
2131	for such purpose in the same manner as it is authorized to use
2132	funds otherwise provided to it by law for the construction of
2133	roads and bridges.
2134	348.9959  Acquisition of lands and property.-
2135	(1)  For the purposes of this part, the authority may
2136	acquire, by gift, devise, purchase, or condemnation by eminent
2137	domain proceedings, private or public property and property
2138	rights, including rights of access, air, view, and light, as the
2139	authority may deem necessary for any of the purposes of this
2140	part, including, but not limited to, any lands reasonably
2141	necessary for securing applicable permits, areas necessary for
2142	management of access, borrow pits, drainage ditches, water
2143	retention areas, rest areas, replacement access for landowners
2144	whose access is impaired due to the construction of a facility,
2145	and replacement rights-of-way for relocated rail and utility
2146	facilities; for existing, proposed, or anticipated
2147	transportation facilities on the system or in a transportation
2148	corridor designated by the authority; or for the purposes of
2149	screening, relocation, removal, or disposal of junkyards and
2150	scrap metal processing facilities. The authority may condemn any
2151	material and property necessary for such purposes.
2152	(2)  The right of eminent domain conferred in this part
2153	shall be exercised by the authority in the manner provided by
2154	law.
2155	(3)  When the authority acquires property for a
2156	transportation facility or in a transportation corridor, the
2157	authority is not subject to any liability imposed by chapter 376
2158	or chapter 403 for preexisting soil or groundwater contamination
2159	due solely to its ownership of the property. This section does
2160	not affect the rights or liabilities of any past or future
2161	owners of the acquired property and does not affect the
2162	liability of any governmental entity for the results of its
2163	actions which create or exacerbate a pollution source. The
2164	authority and the Department of Environmental Protection may
2165	enter into interagency agreements for the performance, funding,
2166	and reimbursement of the investigative and remedial acts
2167	necessary for property acquired by the authority.
2168	348.9960  Cooperation with other units, boards, agencies,
2169	and individuals.-Any county, municipality, drainage district,
2170	road and bridge district, school district, or other political
2171	subdivision, board, commission, or individual in or of the state
2172	may make and enter into any contract, lease, conveyance,
2173	partnership, or other agreement with the authority within the
2174	provisions and for purposes of this part; and the authority may
2175	make and enter into any contract, lease, conveyance,
2176	partnership, or other agreement with any political subdivision,
2177	agency, or instrumentality of the state or any federal agency,
2178	corporation, or individual for the purpose of carrying out the
2179	provisions of this part.
2180	348.9961  Covenant of the state.-The state does hereby
2181	pledge to and agrees with any person, firm, or corporation or
2182	federal or state agency subscribing to or acquiring the bonds to
2183	be issued by the authority for the purposes of this part that
2184	the state will not limit or alter the rights hereby vested in
2185	the authority and the department until all bonds at any time
2186	issued together with the interest thereon are fully paid and
2187	discharged insofar as the same affects the rights of the holders
2188	of bonds issued hereunder. The state does further pledge to and
2189	agree with the United States that in the event any federal
2190	agency shall construct or contribute any funds for the
2191	completion, extension, or improvement of the Osceola County
2192	Expressway System, or any part or portion thereof, the state
2193	will not alter or limit the rights and powers of the authority
2194	and the department in any manner which would be inconsistent
2195	with the continued maintenance and operation of the Osceola
2196	County Expressway System or the completion, extension, or
2197	improvement thereof or which would be inconsistent with the due
2198	performance of any agreements between the authority and any such
2199	federal agency. The authority and the department shall continue
2200	to have and may exercise all powers herein granted so long as
2201	the same shall be necessary or desirable for the carrying out of
2202	the purposes of this part and the purposes of the United States
2203	in the completion, extension, or improvement of the Osceola
2204	County Expressway System or any part or portion thereof.
2205	348.9962  Exemption from taxation.-The effectuation of the
2206	authorized purposes of the authority created under this part is
2207	and shall be in all respects for the benefit of the people of
2208	the state, for the increase of their commerce and prosperity,
2209	and for the improvement of their health and living conditions;
2210	and, since the authority will be performing essential
2211	governmental functions in effectuating such purposes, the
2212	authority is not required to pay any taxes or assessments of any
2213	kind or nature whatsoever upon any property acquired or used by
2214	it for such purposes or upon any rates, fees, rentals, receipts,
2215	income, or charges at any time received by it; and the bonds
2216	issued by the authority, their transfer, and the income
2217	therefrom, including any profits made on the sale thereof, shall
2218	at all times be free from taxation of any kind by the state or
2219	by any political subdivision or taxing agency or instrumentality
2220	thereof. This section does not apply to any tax imposed by
2221	chapter 220 on interest, income, or profits on debt obligations
2222	owned by corporations.
2223	348.9963  Eligibility for investments and security.-Any
2224	bonds or other obligations issued pursuant to this part shall be
2225	and constitute legal investments for banks, savings banks,
2226	trustees, executors, administrators, and all other fiduciaries
2227	and for all state, municipal, and other public funds and shall
2228	also be and constitute securities eligible for deposit as
2229	security for all state, municipal, or other public funds,
2230	notwithstanding the provisions of any other law or laws to the
2231	contrary.
2232	348.9964  Pledges enforceable by bondholders.-It is the
2233	express intention of this part that any pledge by the department
2234	of rates, fees, revenues, Osceola County gasoline tax funds, or
2235	other funds, as rentals, to the authority, or any covenants or
2236	agreements relative thereto, may be enforceable in any court of
2237	competent jurisdiction against the authority or directly against
2238	the department by any holder of bonds issued by the authority.
2239	348.9965  This part complete and additional authority.-
2240	(1)  The powers conferred by this part are in addition and
2241	supplemental to the existing powers of the State Board of
2242	Administration and the department, and this part does not repeal
2243	any provision of any other law, general, special, or local, but
2244	supersedes such a provision to the extent of any conflict in the
2245	exercise of the powers provided in this part and to provide a
2246	complete method for the exercise of the powers granted in this
2247	part. The extension and improvement of the system and the
2248	issuance of bonds under this part to finance all or part of the
2249	cost of the system may be accomplished upon compliance with the
2250	provisions of this part without regard to or necessity for
2251	compliance with the provisions, limitations, or restrictions
2252	contained in any other general, special, or local law,
2253	including, but not limited to, s. 215.821. The issuance of bonds
2254	pursuant to this part does not require approval by the qualified
2255	electors or qualified electors who are freeholders in the state
2256	or in Osceola County or in any other political subdivision of
2257	the state.
2258	(2)  This part does not repeal, rescind, or modify the
2259	Osceola County Charter and does not repeal, rescind, or modify
2260	any other law relating to the department, the State Board of
2261	Administration, or the Division of Bond Finance of the State
2262	Board of Administration but supersedes any such law to the
2263	extent of any conflict with this part, including, but not
2264	limited to, s. 215.821.
2265	348.9966  Osceola County auditor.-In addition to other
2266	financial requirements provided by this part or by general law,
2267	the Office of the Osceola County Commission Auditor as created
2268	in Article II, section 2.3 of the Osceola County Home Rule
2269	Charter may conduct financial and compliance, economy and
2270	efficiency, and performance audits of the authority with written
2271	reports to be submitted to the authority and the governing body
2272	of Osceola County.
2273	348.9967  Automatic dissolution.-If, prior to January 1,
2274	2020, the authority has not encumbered any funds to further its
2275	purposes and powers as authorized in s. 348.9953 to establish
2276	the system, the authority is dissolved.
2277	Section 36.  Subsection (6) of section 369.317, Florida
2278	Statutes, is amended to read:
2279	369.317  Wekiva Parkway.-
2280	(6)  The Orlando-Orange County Expressway Authority is
2281	hereby granted the authority to act as a third-party acquisition
2282	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
2283	or chapter 373 on behalf of the governing board of the St. Johns
2284	River Water Management District, for the acquisition of all
2285	necessary lands, property and all interests in property
2286	identified herein, including fee simple or less-than-fee simple
2287	interests. The lands subject to this authority are identified in
2288	paragraph 10.a., State of Florida, Office of the Governor,
2289	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
2290	of the Wekiva Basin Area Task Force created by Executive Order
2291	2002-259, such lands otherwise known as Neighborhood Lakes, a
2292	1,587+/-acre parcel located in Orange and Lake Counties within
2293	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
2294	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
2295	Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
2296	County within Section 37, Township 19 South, Range 28 East; New
2297	Garden Coal; a 1,605+/-acre parcel in Lake County within
2298	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
2299	East; Pine Plantation, a 617+/-acre tract consisting of eight
2300	individual parcels within the Apopka City limits. The Department
2301	of Transportation, the Department of Environmental Protection,
2302	the St. Johns River Water Management District, and other land
2303	acquisition entities shall participate and cooperate in
2304	providing information and support to the third-party acquisition
2305	agent. The land acquisition process authorized by this paragraph
2306	shall begin no later than December 31, 2004. Acquisition of the
2307	properties identified as Neighborhood Lakes, Pine Plantation,
2308	and New Garden Coal, or approval as a mitigation bank shall be
2309	concluded no later than December 31, 2010. Department of
2310	Transportation and Orlando-Orange County Expressway Authority
2311	funds expended to purchase an interest in those lands identified
2312	in this subsection shall be eligible as environmental mitigation
2313	for road construction related impacts in the Wekiva Study Area.
2314	If any of the lands identified in this subsection are used as
2315	environmental mitigation for road-construction-related impacts
2316	incurred by the Department of Transportation or Orlando-Orange
2317	County Expressway Authority, or for other impacts incurred by
2318	other entities, within the Wekiva Study Area or within the
2319	Wekiva parkway alignment corridor and, if the mitigation offsets
2320	these impacts, the St. Johns River Water Management District and
2321	the Department of Environmental Protection shall consider the
2322	activity regulated under part IV of chapter 373 to meet the
2323	cumulative impact requirements of s. 373.414(8)(a).
2324	Section 37.  Subsections (2) and (5) and paragraph (b) of
2325	subsection (9) of section 373.41492, Florida Statutes, are
2326	amended to read:
2327	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
2328	mitigation for mining activities within the Miami-Dade County
2329	Lake Belt.-
2330	(2)  To provide for the mitigation of wetland resources
2331	lost to mining activities within the Miami-Dade County Lake Belt
2332	Plan, effective October 1, 1999, a mitigation fee is imposed on
2333	each ton of limerock and sand extracted by any person who
2334	engages in the business of extracting limerock or sand from
2335	within the Miami-Dade County Lake Belt Area and the east one-
2336	half of sections 24 and 25 and all of sections 35 and 36,
2337	Township 53 South, Range 39 East. The mitigation fee is imposed
2338	for each ton of limerock and sand sold from within the
2339	properties where the fee applies in raw, processed, or
2340	manufactured form, including, but not limited to, sized
2341	aggregate, asphalt, cement, concrete, and other limerock and
2342	concrete products. The mitigation fee imposed by this subsection
2343	for each ton of limerock and sand sold shall be 12 cents per ton
2344	beginning January 1, 2007; 18 cents per ton beginning January 1,
2345	2008; and 24 cents per ton beginning January 1, 2009; and 45
2346	cents per ton beginning January 1, 2011. To upgrade a water
2347	treatment plant that treats water coming from the Northwest
2348	Wellfield in Miami-Dade County, a water treatment plant upgrade
2349	fee is imposed within the same Lake Belt Area subject to the
2350	mitigation fee and upon the same kind of mined limerock and sand
2351	subject to the mitigation fee. The water treatment plant upgrade
2352	fee imposed by this subsection for each ton of limerock and sand
2353	sold shall be 15 cents per ton beginning on January 1, 2007, and
2354	the collection of this fee shall cease once the total amount of
2355	proceeds collected for this fee reaches the amount of the actual
2356	moneys necessary to design and construct the water treatment
2357	plant upgrade, as determined in an open, public solicitation
2358	process. Any limerock or sand that is used within the mine from
2359	which the limerock or sand is extracted is exempt from the fees.
2360	The amount of the mitigation fee and the water treatment plant
2361	upgrade fee imposed under this section must be stated separately
2362	on the invoice provided to the purchaser of the limerock or sand
2363	product from the limerock or sand miner, or its subsidiary or
2364	affiliate, for which the fee or fees apply. The limerock or sand
2365	miner, or its subsidiary or affiliate, who sells the limerock or
2366	sand product shall collect the mitigation fee and the water
2367	treatment plant upgrade fee and forward the proceeds of the fees
2368	to the Department of Revenue on or before the 20th day of the
2369	month following the calendar month in which the sale occurs.
2370	(5)  Each January 1, beginning January 1, 2010, through
2371	December 31, 2011 and each January 1 thereafter, the per-ton
2372	mitigation fee shall be increased by 2.1 percentage points, plus
2373	a cost growth index. The cost growth index shall be the
2374	percentage change in the weighted average of the Employment Cost
2375	Index for All Civilian Workers (ecu 10001I), issued by the
2376	United States Department of Labor for the most recent 12-month
2377	period ending on September 30, and the percentage change in the
2378	Producer Price Index for All Commodities (WPU 00000000), issued
2379	by the United States Department of Labor for the most recent 12-
2380	month period ending on September 30, compared to the weighted
2381	average of these indices for the previous year. The weighted
2382	average shall be calculated as 0.6 times the percentage change
2383	in the Employment Cost Index for All Civilian Workers (ecu
2384	10001I), plus 0.4 times the percentage change in the Producer
2385	Price Index for All Commodities (WPU 00000000). If either index
2386	is discontinued, it shall be replaced by its successor index, as
2387	identified by the United States Department of Labor.
2388	(9)
2389	(b)  No sooner than January 31, 2010, and no more
2390	frequently than every 2 5 years thereafter, the interagency
2391	committee shall submit to the Legislature a report recommending
2392	any needed adjustments to the mitigation fee, including the
2393	annual escalator provided for in subsection (5), to ensure that
2394	the revenue generated reflects the actual costs of the
2395	mitigation.
2396	Section 38.  Subsection (1) of section 403.4131, Florida
2397	Statutes, is amended to read:
2398	403.4131  Litter control.-
2399	(1)  The Department of Transportation shall establish an
2400	"adopt-a-highway" program to allow local organizations to be
2401	identified with specific highway cleanup and highway
2402	beautification projects authorized under s. 339.2405. The
2403	department shall report to the Governor and the Legislature on
2404	the progress achieved and the savings incurred by the "adopt-a-
2405	highway" program. The department shall also monitor and report
2406	on compliance with the provisions of the adopt-a-highway program
2407	to ensure that organizations participating that participate in
2408	the program comply with the goals identified by the department.
2409	Section 39.  Section 479.01, Florida Statutes, is amended
2410	to read:
2411	479.01  Definitions.-As used in this chapter, the term:
2412	(1)  "Allowable uses" means those uses that are authorized
2413	within a zoning category without the requirement to obtain a
2414	variance or waiver. The term includes conditional uses and those
2415	allowed by special exception, but does not include uses that are
2416	accessory, incidental to the allowable uses, or allowed only on
2417	a temporary basis.
2418	(2)(1)  "Automatic changeable facing" means a facing that
2419	is capable of delivering two or more advertising messages
2420	through an automated or remotely controlled process.
2421	(3)(2)  "Business of outdoor advertising" means the
2422	business of constructing, erecting, operating, using,
2423	maintaining, leasing, or selling outdoor advertising structures,
2424	outdoor advertising signs, or outdoor advertisements.
2425	(4)(3)  "Commercial or industrial zone" means a parcel of
2426	land designated for commercial or industrial uses use under both
2427	the future land use map of the comprehensive plan and the land
2428	use development regulations adopted pursuant to chapter 163. If
2429	a parcel is located in an area designated for multiple uses on
2430	the future land use map of a comprehensive plan and the zoning
2431	category of the land development regulations does do not clearly
2432	designate that parcel for a specific use, the area will be
2433	considered an unzoned commercial or industrial area if it meets
2434	the criteria of subsection (26) (23).
2435	(5)  "Commercial use" means activities associated with the
2436	sale, rental, or distribution of products or the performance of
2437	services. The term includes, without limitation, such uses or
2438	activities as retail sales; wholesale sales; rentals of
2439	equipment, goods, or products; offices; restaurants; food
2440	service vendors; sports arenas; theaters; and tourist
2441	attractions.
2442	(6)(4)  "Controlled area" means shall mean 660 feet or less
2443	from the nearest edge of the right-of-way of any portion of the
2444	State Highway System, interstate, or federal-aid primary system
2445	and beyond 660 feet of the nearest edge of the right-of-way of
2446	any portion of the State Highway System, interstate, or federal-
2447	aid primary system outside an urban area.
2448	(7)(5)  "Department" means the Department of
2449	Transportation.
2450	(8)(6)  "Erect" means to construct, build, raise, assemble,
2451	place, affix, attach, create, paint, draw, or in any other way
2452	bring into being or establish; but it does not include any of
2453	the foregoing activities when performed as an incident to the
2454	change of advertising message or customary maintenance or repair
2455	of a sign.
2456	(9)(7)  "Federal-aid primary highway system" means the
2457	existing, unbuilt, or unopened system of highways or portions
2458	thereof, which shall include the National Highway System,
2459	designated as the federal-aid primary highway system by the
2460	department.
2461	(10)(8)  "Highway" means any road, street, or other way
2462	open or intended to be opened to the public for travel by motor
2463	vehicles.
2464	(11)  "Industrial use" means activities associated with the
2465	manufacture, assembly, processing, or storage of products or the
2466	performance of services relating thereto. The term includes,
2467	without limitation, such uses or activities as automobile
2468	manufacturing or repair, boat manufacturing or repair, junk
2469	yards, meat packing facilities, citrus processing and packing
2470	facilities, produce processing and packing facilities,
2471	electrical generating plants, water treatment plants, sewage
2472	treatment plants, and solid waste disposal sites.
2473	(12)(9)  "Interstate highway system" means the existing,
2474	unbuilt, or unopened system of highways or portions thereof
2475	designated as the national system of interstate and defense
2476	highways by the department.
2477	(13)(10)  "Main-traveled way" means the traveled way of a
2478	highway on which through traffic is carried. In the case of a
2479	divided highway, the traveled way of each of the separate
2480	roadways for traffic in opposite directions is a main-traveled
2481	way. It does not include such facilities as frontage roads,
2482	turning roadways which specifically include on-ramps or off-
2483	ramps to the interstate highway system, or parking areas.
2484	(14)(11)  "Maintain" means to allow to exist.
2485	(15)(12)  "Motorist services directional signs" means signs
2486	providing directional information about goods and services in
2487	the interest of the traveling public where such signs were
2488	lawfully erected and in existence on or before May 6, 1976, and
2489	continue to provide directional information to goods and
2490	services in a defined area.
2491	(16)(13)  "New highway" means the construction of any road,
2492	paved or unpaved, where no road previously existed or the act of
2493	paving any previously unpaved road.
2494	(17)(14)  "Nonconforming sign" means a sign which was
2495	lawfully erected but which does not comply with the land use,
2496	setback, size, spacing, and lighting provisions of state or
2497	local law, rule, regulation, or ordinance passed at a later date
2498	or a sign which was lawfully erected but which later fails to
2499	comply with state or local law, rule, regulation, or ordinance
2500	due to changed conditions.
2501	(18)(15)  "Premises" means all the land areas under
2502	ownership or lease arrangement to the sign owner which are
2503	contiguous to the business conducted on the land except for
2504	instances where such land is a narrow strip contiguous to the
2505	advertised activity or is connected by such narrow strip, the
2506	only viable use of such land is to erect or maintain an
2507	advertising sign. When the sign owner is a municipality or
2508	county, "premises" shall mean all lands owned or leased by such
2509	municipality or county within its jurisdictional boundaries as
2510	set forth by law.
2511	(19)(16)  "Remove" means to disassemble, transport from the
2512	site, and dispose of sign materials by sale or destruction.
2513	(20)(17)  "Sign" means any combination of structure and
2514	message in the form of an outdoor sign, display, device, figure,
2515	painting, drawing, message, placard, poster, billboard,
2516	advertising structure, advertisement, logo, symbol, or other
2517	form, whether placed individually or on a V-type, back-to-back,
2518	side-to-side, stacked, or double-faced display or automatic
2519	changeable facing, designed, intended, or used to advertise or
2520	inform, any part of the advertising message or informative
2521	contents of which is visible from any place on the main-traveled
2522	way. The term does not include an official traffic control sign,
2523	official marker, or specific information panel erected, caused
2524	to be erected, or approved by the department.
2525	(21)(18)  "Sign direction" means that direction from which
2526	the message or informative contents are most visible to oncoming
2527	traffic on the main-traveled way.
2528	(22)(19)  "Sign face" means the part of the sign, including
2529	trim and background, which contains the message or informative
2530	contents.
2531	(23)(20)  "Sign facing" includes all sign faces and
2532	automatic changeable faces displayed at the same location and
2533	facing the same direction.
2534	(24)(21)  "Sign structure" means all the interrelated parts
2535	and material, such as beams, poles, and stringers, which are
2536	constructed for the purpose of supporting or displaying a
2537	message or informative contents.
2538	(25)(22)  "State Highway System" means the existing,
2539	unbuilt, or unopened system of highways or portions thereof
2540	designated as the State Highway System by the department.
2541	(26)(23)  "Unzoned commercial or industrial area" means a
2542	parcel of land designated by the future land use map of the
2543	comprehensive plan for multiple uses that include commercial or
2544	industrial uses but are not specifically designated for
2545	commercial or industrial uses under the land development
2546	regulations, in which three or more separate and distinct
2547	conforming industrial or commercial activities are located.
2548	(a)  These activities must satisfy the following criteria:
2549	1.  At least one of the commercial or industrial activities
2550	must be located on the same side of the highway and within 800
2551	feet of the sign location;
2552	2.  The commercial or industrial activities must be within
2553	660 feet from the nearest edge of the right-of-way; and
2554	3.  The commercial industrial activities must be within
2555	1,600 feet of each other.
2556
2557	Distances specified in this paragraph must be measured from the
2558	nearest outer edge of the primary building or primary building
2559	complex when the individual units of the complex are connected
2560	by covered walkways.
2561	(b)  Certain activities, including, but not limited to, the
2562	following, may not be so recognized as commercial or industrial
2563	activities:
2564	1.  Signs.
2565	2.  Agricultural, forestry, ranching, grazing, farming, and
2566	related activities, including, but not limited to, wayside fresh
2567	produce stands.
2568	3.  Transient or temporary activities.
2569	4.  Activities not visible from the main-traveled way.
2570	5.  Activities conducted more than 660 feet from the
2571	nearest edge of the right-of-way.
2572	6.  Activities conducted in a building principally used as
2573	a residence.
2574	7.  Railroad tracks and minor sidings.
2575	8.  Communication towers.
2576	(27)(24)  "Urban area" has the same meaning as defined in
2577	s. 334.03(29)(32).
2578	(28)(25)  "Visible commercial or industrial activity" means
2579	a commercial or industrial activity that is capable of being
2580	seen without visual aid by a person of normal visual acuity from
2581	the main-traveled way and that is generally recognizable as
2582	commercial or industrial.
2583	(29)(26)  "Visible sign" means that the advertising message
2584	or informative contents of a sign, whether or not legible, is
2585	capable of being seen without visual aid by a person of normal
2586	visual acuity.
2587	(30)(27)  "Wall mural" means a sign that is a painting or
2588	an artistic work composed of photographs or arrangements of
2589	color and that displays a commercial or noncommercial message,
2590	relies solely on the side of the building for rigid structural
2591	support, and is painted on the building or depicted on vinyl,
2592	fabric, or other similarly flexible material that is held in
2593	place flush or flat against the surface of the building. The
2594	term excludes a painting or work placed on a structure that is
2595	erected for the sole or primary purpose of signage.
2596	(31)  "Zoning category" means the designation under the
2597	land development regulations or other similar ordinance enacted
2598	to regulate the use of land as provided in s. 163.3202(2)(b),
2599	which designation sets forth the allowable uses, restrictions,
2600	and limitations on use applicable to properties within the
2601	category.
2602	Section 40.  Paragraph (c) of subsection (9) of section
2603	479.07, Florida Statutes, is amended to read:
2604	479.07  Sign permits.-
2605	(9)
2606	(c)  Notwithstanding subparagraph (a)1., there is
2607	established a pilot program in Orange, Hillsborough, and Osceola
2608	Counties, and within the boundaries of the City of Miami, under
2609	which the distance between permitted signs on the same side of
2610	an interstate highway may be reduced to 1,000 feet if all other
2611	requirements of this chapter are met and if:
2612	1.  The local government has adopted a plan, program,
2613	resolution, ordinance, or other policy encouraging the voluntary
2614	removal of signs in a downtown, historic, redevelopment, infill,
2615	or other designated area which also provides for a new or
2616	replacement sign to be erected on an interstate highway within
2617	that jurisdiction if a sign in the designated area is removed;
2618	2.  The sign owner and the local government mutually agree
2619	to the terms of the removal and replacement; and
2620	3.  The local government notifies the department of its
2621	intention to allow such removal and replacement as agreed upon
2622	pursuant to subparagraph 2.
2623	4.  The new or replacement sign to be erected on an
2624	interstate highway within that jurisdiction is to be located on
2625	a parcel of land specifically designated for commercial or
2626	industrial use under both the future land use map of the
2627	comprehensive plan and the land use development regulations
2628	adopted pursuant to chapter 163 and such parcel shall not be
2629	subject to an evaluation in accordance with the criteria set
2630	forth in the s. 479.01(26) to determine if the parcel can be
2631	considered an unzoned commercial or industrial area.
2632
2633	The department shall maintain statistics tracking the use of the
2634	provisions of this pilot program based on the notifications
2635	received by the department from local governments under this
2636	paragraph.
2637	Section 41.  Subsections (1) and (5) of section 479.261,
2638	Florida Statutes, are amended to read:
2639	479.261  Logo sign program.-
2640	(1)  The department shall establish a logo sign program for
2641	the rights-of-way of the interstate highway system to provide
2642	information to motorists about available gas, food, lodging,
2643	camping, attractions, and other services, as approved by the
2644	Federal Highway Administration, at interchanges through the use
2645	of business logos and may include additional interchanges under
2646	the program.
2647	(a)  As used in this chapter, the term "attraction" means
2648	an establishment, site, facility, or landmark that is open a
2649	minimum of 5 days a week for 52 weeks a year; that has as its
2650	principal focus family-oriented entertainment, cultural,
2651	educational, recreational, scientific, or historical activities;
2652	and that is publicly recognized as a bona fide tourist
2653	attraction.
2654	(b)  The department shall incorporate the use of RV-
2655	friendly markers on specific information logo signs for
2656	establishments that cater to the needs of persons driving
2657	recreational vehicles. Establishments that qualify for
2658	participation in the specific information logo program and that
2659	also qualify as "RV-friendly" may request the RV-friendly marker
2660	on their specific information logo sign. An RV-friendly marker
2661	must consist of a design approved by the Federal Highway
2662	Administration. The department shall adopt rules in accordance
2663	with chapter 120 to administer this paragraph, including rules
2664	setting forth the minimum requirements that establishments must
2665	meet in order to qualify as RV-friendly. These requirements
2666	shall include large parking spaces, entrances, and exits that
2667	can easily accommodate recreational vehicles and facilities
2668	having appropriate overhead clearances, if applicable.
2669	(c)  The department may implement a 3-year, rotation-based
2670	logo program providing for the removal and addition of
2671	participating businesses in the program.
2672	(5)  At a minimum, permit fees for businesses that
2673	participate in the program must be established in an amount
2674	sufficient to offset the total cost to the department for the
2675	program, including contract costs. The department shall provide
2676	the services in the most efficient and cost-effective manner
2677	through department staff or by contracting for some or all of
2678	the services. The department shall adopt rules that set
2679	reasonable rates based upon factors such as population, traffic
2680	volume, market demand, and costs for annual permit fees.
2681	However, annual permit fees for sign locations inside an urban
2682	area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
2683	and annual permit fees for sign locations outside an urban area,
2684	as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
2685	recovering program costs, the proceeds from the annual permit
2686	fees shall be deposited into the State Transportation Trust Fund
2687	and used for transportation purposes.
2688	Section 42.  Sections 479.01, 479.015, 479.02, 479.03,
2689	479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2690	479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2691	479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2692	are designated as part I of chapter 479, Florida Statutes, and
2693	entitled "General Provisions."
2694	Section 43.  Sections 479.261, 479.262, 479.27, 479.28, and
2695	479.30, Florida Statutes, are designated as part II of chapter
2696	479, Florida Statutes, and entitled "Special Programs."
2697	Section 44.  Part III of chapter 479, Florida Statutes,
2698	consisting of sections 479.310, 479.311, 479.312, 479.313, and
2699	479.315, is created to read:
2700	PART III
2701	SIGN REMOVAL
2702	479.310  Unpermitted and illegal signs; intent.-It is the
2703	intent of this part to relieve the department from the financial
2704	burden incurred in the removal of unpermitted and illegal signs
2705	located within the right-of-way of and controlled areas adjacent
2706	to the State Highway System, interstate highway system, and
2707	federal-aid primary highway system; to place the financial
2708	responsibility for the cost of such removal directly upon those
2709	benefiting from the location and operation of such unpermitted
2710	and illegal signs; and to provide clear authority to the
2711	department for the recovery of cost incurred by the department
2712	in the removal of such unpermitted and illegal signs.
2713	479.311  Jurisdiction; venue.-The county court shall have
2714	jurisdiction concurrent with the circuit court to consider
2715	claims filed by the department in amounts which are within their
2716	jurisdictional limitations. For the purposes of a claim filed by
2717	the department to recover its cost as provided in this section,
2718	venue shall be Leon County.
2719	479.312  Unpermitted signs; cost of removal.-All costs
2720	incurred by the department in connection with the removal of a
2721	sign located within a controlled area adjacent to the State
2722	Highway System, interstate highway system, or federal-aid
2723	primary highway system which has not been issued a permit under
2724	part I shall be assessed against and collected from the owner of
2725	the sign, the advertiser displayed on the sign, or the owner of
2726	the property upon which the sign is located. For the purposes of
2727	this section, a sign that does not display the name of the sign
2728	owner shall be presumed to be owned by the owner of the property
2729	upon which the sign is located.
2730	479.313  Permit revocation; cost of removal.-All costs
2731	incurred by the department in connection with the removal of a
2732	sign located within a controlled area adjacent to the State
2733	Highway System, interstate highway system, or federal-aid
2734	primary highway system following the revocation of the permit
2735	for such sign shall be assessed against and collected from the
2736	permittee.
2737	479.315  Highway rights-of way; cost of sign removal.-All
2738	cost incurred by the department in connection with the removal
2739	of a sign located within the right-of-way of the State Highway
2740	System, interstate highway system, or federal-aid primary
2741	highway system shall be assessed against and collected from the
2742	owner of the sign or the advertiser displayed on the sign.
2743	Section 45.  Section 705.18, Florida Statutes, is amended
2744	to read:
2745	705.18  Disposal of personal property lost or abandoned on
2746	university or community college campuses or certain public-use
2747	airports; disposition of proceeds from sale thereof.-
2748	(1)  Whenever any lost or abandoned personal property shall
2749	be found on a campus of an institution in the State University
2750	System or a campus of a state-supported community college, or on
2751	premises owned or controlled by the operator of a public-use
2752	airport having regularly scheduled international passenger
2753	service, the president of the institution or the president's
2754	designee or the director of the airport or the director's
2755	designee shall take charge of the property thereof and make a
2756	record of the date such property was found. If, within 30 days
2757	after such property is found, or a longer period of time as may
2758	be deemed appropriate by the president or the director under the
2759	circumstances, the property it is not claimed by the owner, the
2760	president or director shall order it sold at public outcry after
2761	giving notice of the time and place of sale in a publication of
2762	general circulation on the campus of such institution or within
2763	the county where the airport is located and written notice to
2764	the owner if known. The rightful owner of such property may
2765	reclaim the same at any time prior to sale.
2766	(2)  All moneys realized from such institution's sale shall
2767	be placed in an appropriate fund and used solely for student
2768	scholarship and loan purposes. All moneys realized from such
2769	sale by an airport, less its costs of storage, transportation,
2770	and publication of notice, shall, unless another use is required
2771	by federal law, be deposited into the state school fund.
2772	Section 46.  Section 705.182, Florida Statutes, is created
2773	to read:
2774	705.182  Disposal of personal property found on the
2775	premises of public-use airports.-
2776	(1)  Whenever any personal property, other than an aircraft
2777	or motor vehicle, is found on premises owned or controlled by
2778	the operator of a public-use airport, the director of the
2779	airport or the director's designee shall take charge of the
2780	property and make a record of the date such property was found.
2781	(2)  If, within 30 calendar days after such property is
2782	found or for a longer period of time as may be deemed
2783	appropriate by the director or the director's designee under the
2784	circumstances, the property is not claimed by the owner, the
2785	director or the director's designee may:
2786	(a)  Retain any or all of the property for use by the
2787	airport or for use by the state or the unit of local government
2788	owning or operating the airport;
2789	(b)  Trade such property to another unit of local
2790	government or a state agency;
2791	(c)  Donate the property to a charitable organization;
2792	(d)  Sell the property; or
2793	(e)  Dispose of the property through an appropriate refuse
2794	removal company or a company that provides salvage services for
2795	the type of personal property found or located on the airport
2796	premises.
2797	(3)  The airport shall notify the owner, if known, of the
2798	property found on the airport premises and that the airport
2799	intends to dispose of the property as provided in subsection
2800	(2).
2801	(4)  If the airport elects to sell the property under
2802	paragraph (2)(d), the property must be sold at a public auction
2803	either on the Internet or at a specified physical location after
2804	giving notice of the time and place of sale, at least 10
2805	calendar days prior to the date of sale, in a publication of
2806	general circulation within the county where the airport is
2807	located and after written notice, via certified mail, return
2808	receipt requested, is provided to the owner, if known. Any such
2809	notice shall be sufficient if the notice refers to the airport's
2810	intention to sell all then-accumulated found property, and there
2811	is no requirement that the notice identify each item to be sold.
2812	The rightful owner of such property may reclaim the property at
2813	any time prior to sale by presenting acceptable evidence of
2814	ownership to the airport director or the director's designee.
2815	All proceeds from the sale of the property shall be retained by
2816	the airport for use by the airport in any lawfully authorized
2817	manner.
2818	(5)  Nothing in this section shall preclude the airport
2819	from allowing a domestic or international air carrier or other
2820	tenant, on premises owned or controlled by the operator of a
2821	public-use airport, to establish its own lost and found
2822	procedures for personal property and to dispose of such personal
2823	property.
2824	(6)  A purchaser or recipient in good faith of personal
2825	property sold or obtained under this section shall take the
2826	property free of the rights of persons then holding any legal or
2827	equitable interest thereto, whether or not recorded.
2828	Section 47.  Section 705.183, Florida Statutes, is created
2829	to read:
2830	705.183  Disposal of derelict or abandoned aircraft on the
2831	premises of public-use airports.-
2832	(1)(a)  Whenever any derelict or abandoned aircraft is
2833	found or located on premises owned or controlled by the operator
2834	of a public-use airport, whether or not such premises are under
2835	a lease or license to a third party, the director of the airport
2836	or the director's designee shall make a record of the date the
2837	aircraft was found or determined to be present on the airport
2838	premises.
2839	(b)  For purposes of this section, the term:
2840	1.  "Abandoned aircraft" means an aircraft that has been
2841	disposed of on a public-use airport in a wrecked, inoperative,
2842	or partially dismantled condition or an aircraft that has
2843	remained in an idle state on premises owned or controlled by the
2844	operator of a public-use airport for 45 consecutive calendar
2845	days.
2846	2.  "Derelict aircraft" means any aircraft that is not in a
2847	flyable condition, does not have a current certificate of air
2848	worthiness issued by the Federal Aviation Administration, and is
2849	not in the process of actively being repaired.
2850	(2)  The director or the director's designee shall contact
2851	the Federal Aviation Administration, Aircraft Registration
2852	Branch, to determine the name and address of the last registered
2853	owner of the aircraft and shall make a diligent personal search
2854	of the appropriate records, or contact an aircraft title search
2855	company, to determine the name and address of any person having
2856	an equitable or legal interest in the aircraft. Within 10
2857	business days after receipt of the information, the director or
2858	the director's designee shall notify the owner and all persons
2859	having an equitable or legal interest in the aircraft by
2860	certified mail, return receipt requested, of the location of the
2861	derelict or abandoned aircraft on the airport premises, that
2862	fees and charges for the use of the airport by the aircraft have
2863	accrued and the amount thereof, that the aircraft is subject to
2864	a lien under subsection (5) for the accrued fees and charges for
2865	the use of the airport and for the transportation, storage, and
2866	removal of the aircraft, that the lien is subject to enforcement
2867	pursuant to law, and that the airport may cause the use, trade,
2868	sale, or removal of the aircraft as described in s.
2869	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2870	after the date of receipt of such notice, the aircraft has not
2871	been removed from the airport upon payment in full of all
2872	accrued fees and charges for the use of the airport and for the
2873	transportation, storage, and removal of the aircraft. Such
2874	notice may require removal of the aircraft in less than 30
2875	calendar days if the aircraft poses a danger to the health or
2876	safety of users of the airport, as determined by the director or
2877	the director's designee.
2878	(3)  If the owner of the aircraft is unknown or cannot be
2879	found, the director or the director's designee shall cause a
2880	laminated notice to be placed upon such aircraft in
2881	substantially the following form:
2882
2883	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2884	PROPERTY. This property, to wit: ...(setting forth brief
2885	description)... is unlawfully upon public property known as
2886	...(setting forth brief description of location)... and has
2887	accrued fees and charges for the use of the ...(same description
2888	of location as above)... and for the transportation, storage,
2889	and removal of the property. These accrued fees and charges must
2890	be paid in full and the property must be removed within 30
2891	calendar days after the date of this notice; otherwise, the
2892	property will be removed and disposed of pursuant to chapter
2893	705, Florida Statutes. The property is subject to a lien for all
2894	accrued fees and charges for the use of the public property
2895	known as ...(same description of location as above)... by such
2896	property and for all fees and charges incurred by the public
2897	property known as ...(same description of location as above)...
2898	for the transportation, storage, and removal of the property.
2899	This lien is subject to enforcement pursuant to law. The owner
2900	will be liable for such fees and charges, as well as the cost
2901	for publication of this notice. Dated this: ...(setting forth
2902	the date of posting of notice)..., signed: ...(setting forth
2903	name, title, address, and telephone number of law enforcement
2904	officer)....
2905
2906	Such notice shall be not less than 8 inches by 10 inches and
2907	shall be sufficiently weatherproof to withstand normal exposure
2908	to the weather. If, at the end of 30 calendar days after posting
2909	the notice, the owner or any person interested in the described
2910	derelict or abandoned aircraft has not removed the aircraft from
2911	the airport upon payment in full of all accrued fees and charges
2912	for the use of the airport and for the transportation, storage,
2913	and removal of the aircraft, or shown reasonable cause for
2914	failure to do so, the director or the director's designee may
2915	cause the use, trade, sale, or removal of the aircraft as
2916	described in s. 705.182(2)(a), (b), (d), or (e).
2917	(4)  Such aircraft shall be removed within the time period
2918	specified in the notice provided under subsection (2) or
2919	subsection (3). If, at the end of such period of time, the owner
2920	or any person interested in the described derelict or abandoned
2921	aircraft has not removed the aircraft from the airport upon
2922	payment in full of all accrued fees and charges for the use of
2923	the airport and for the transportation, storage, and removal of
2924	the aircraft, or shown reasonable cause for the failure to do
2925	so, the director or the director's designee may cause the use,
2926	trade, sale, or removal of the aircraft as described in s.
2927	705.182(2)(a), (b), (d), or (e).
2928	(a)  If the airport elects to sell the aircraft in
2929	accordance with s. 705.182(2)(d), the aircraft must be sold at
2930	public auction after giving notice of the time and place of
2931	sale, at least 10 calendar days prior to the date of sale, in a
2932	publication of general circulation within the county where the
2933	airport is located and after providing written notice of the
2934	intended sale to all parties known to have an interest in the
2935	aircraft.
2936	(b)  If the airport elects to dispose of the aircraft in
2937	accordance with s. 705.182(2)(e), the airport shall be entitled
2938	to negotiate with the company for a price to be received from
2939	such company in payment for the aircraft, or, if circumstances
2940	so warrant, a price to be paid to such company by the airport
2941	for the costs of disposing of the aircraft. All information
2942	pertaining to the establishment of such price and the
2943	justification for the amount of such price shall be prepared and
2944	maintained by the airport, and such negotiated price shall be
2945	deemed to be a commercially reasonable price.
2946	(c)  If the sale price or the negotiated price is less than
2947	the airport's then current charges and costs against the
2948	aircraft, or if the airport is required to pay the salvage
2949	company for its services, the owner of the aircraft shall remain
2950	liable to the airport for the airport's costs that are not
2951	offset by the sale price or negotiated price, in addition to the
2952	owner's liability for payment to the airport of the price the
2953	airport was required to pay any salvage company. All costs
2954	incurred by the airport in the removal, storage, and sale of any
2955	aircraft shall be recoverable against the owner of the aircraft.
2956	(5)  The airport shall have a lien on a derelict or
2957	abandoned aircraft for all fees and charges for the use of the
2958	airport by such aircraft and for all fees and charges incurred
2959	by the airport for the transportation, storage, and removal of
2960	the aircraft. As a prerequisite to perfecting a lien under this
2961	section, the airport director or the director's designee must
2962	serve a notice in accordance with subsection (2) on the last
2963	registered owner and all persons having an equitable or legal
2964	interest in the aircraft. Serving the notice does not dispense
2965	with recording the claim of lien.
2966	(6)(a)  For the purpose of perfecting its lien under this
2967	section, the airport shall record a claim of lien which shall
2968	state:
2969	1.  The name and address of the airport.
2970	2.  The name of the last registered owner of the aircraft
2971	and all persons having a legal or equitable interest in the
2972	aircraft.
2973	3.  The fees and charges incurred by the aircraft for the
2974	use of the airport and the fees and charges for the
2975	transportation, storage, and removal of the aircraft.
2976	4.  A description of the aircraft sufficient for
2977	identification.
2978	(b)  The claim of lien shall be signed and sworn to or
2979	affirmed by the airport director or the director's designee.
2980	(c)  The claim of lien shall be sufficient if it is in
2981	substantially the following form:
2982
2983	CLAIM OF LIEN
2984	State of ______
2985	County of ______
2986	Before me, the undersigned notary public, personally appeared
2987	______, who was duly sworn and says that he/she is the
2988	________of ________, whose address is________; and that the
2989	following described aircraft:
2990	...(Description of aircraft)...
2991	owned by __________, whose address is ____________, has accrued
2992	$___________in fees and charges for the use by the aircraft of
2993	______________ and for the transportation, storage, and removal
2994	of the aircraft from _______________; that the lienor served its
2995	notice to the last registered owner and all persons having a
2996	legal or equitable interest in the aircraft on ____,
2997	...(year)..., by________.
2998	...(Signature)...
2999	Sworn to (or affirmed) and subscribed before me this _____day
3000	of___, ...(year)..., by ...(name of person making statement)....
3001	...(Signature of Notary Public)... ...(Print, Type, or Stamp
3002	Commissioned name of Notary Public)...
3003	Personally Known___OR Produced_____as identification.
3004
3005	However, the negligent inclusion or omission of any information
3006	in this claim of lien which does not prejudice the last
3007	registered owner does not constitute a default that operates to
3008	defeat an otherwise valid lien.
3009	(d)  The claim of lien shall be served on the last
3010	registered owner of the aircraft and all persons having an
3011	equitable or legal interest in the aircraft. The claim of lien
3012	shall be so served before recordation.
3013	(e)  The claim of lien shall be recorded with the clerk of
3014	court in the county where the airport is located. The recording
3015	of the claim of lien shall be constructive notice to all persons
3016	of the contents and effect of such claim. The lien shall attach
3017	at the time of recordation and shall take priority as of that
3018	time.
3019	(7)  A purchaser or recipient in good faith of an aircraft
3020	sold or obtained under this section takes the property free of
3021	the rights of persons then holding any legal or equitable
3022	interest to the aircraft, whether or not recorded. The purchaser
3023	or recipient is required to notify the appropriate Federal
3024	Aviation Administration office of such change in the registered
3025	owner of the aircraft.
3026	(8)  If the aircraft is sold at public sale, the airport
3027	shall deduct from the proceeds of sale the costs of
3028	transportation, storage, publication of notice, and all other
3029	costs reasonably incurred by the airport, and any balance of the
3030	proceeds shall be deposited into an interest-bearing account not
3031	later than 30 calendar days after the airport's receipt of the
3032	proceeds and held there for 1 year. The rightful owner of the
3033	aircraft may claim the balance of the proceeds within 1 year
3034	after the date of the deposit by making application to the
3035	airport and presenting acceptable written evidence of ownership
3036	to the airport's director or the director's designee. If no
3037	rightful owner claims the proceeds within the 1-year period, the
3038	balance of the proceeds shall be retained by the airport to be
3039	used in any manner authorized by law.
3040	(9)  Any person acquiring a legal interest in an aircraft
3041	that is sold by an airport under this section or s. 705.182
3042	shall be the lawful owner of such aircraft and all other legal
3043	or equitable interests in such aircraft shall be divested and of
3044	no further force and effect, provided that the holder of any
3045	such legal or equitable interests was notified of the intended
3046	disposal of the aircraft to the extent required in this section.
3047	The airport may issue documents of disposition to the purchaser
3048	or recipient of an aircraft disposed of under this section.
3049	Section 48.  Section 705.184, Florida Statutes, is created
3050	to read:
3051	705.184  Derelict or abandoned motor vehicles on the
3052	premises of public-use airports.-
3053	(1)(a)  Whenever any derelict or abandoned motor vehicle is
3054	found on premises owned or controlled by the operator of a
3055	public-use airport, including airport premises leased to a third
3056	party, the director of the airport or the director's designee
3057	may take charge of the motor vehicle and make a record of the
3058	date such motor vehicle was found.
3059	(b)  For purposes of this section, the term:
3060	1.  "Abandoned motor vehicle" means a motor vehicle that
3061	has been disposed of on a public-use airport in a wrecked,
3062	inoperative, or partially dismantled condition or a motor
3063	vehicle that has remained in an idle state on the premises of a
3064	public-use airport for 45 consecutive calendar days.
3065	2.  "Derelict motor vehicle" means any motor vehicle that
3066	is not in a drivable condition.
3067	(c)  After the information relating to the abandoned or
3068	derelict motor vehicle is recorded in the airport's records, the
3069	director or the director's designee may cause the motor vehicle
3070	to be removed from airport premises by the airport's wrecker or
3071	by a licensed independent wrecker company to be stored at a
3072	suitable location on or off the airport premises. If the motor
3073	vehicle is to be removed from airport premises by the airport's
3074	wrecker, the airport must follow the procedures in subsections
3075	(2)-(8). The procedures in subsections (2)-(8) do not apply if
3076	the motor vehicle is removed from the airport premises by a
3077	licensed independent wrecker company, and the licensed wrecking
3078	company shall comply with s. 713.78.
3079	(2)  The airport director or the director's designee shall
3080	contact the Department of Highway Safety and Motor Vehicles to
3081	notify that department that the airport has possession of the
3082	abandoned or derelict motor vehicle and to determine the name
3083	and address of the owner of the motor vehicle, the insurance
3084	company insuring the motor vehicle, notwithstanding the
3085	provisions of s. 627.736, and any person who has filed a lien on
3086	the motor vehicle. Within 7 business days after receipt of the
3087	information, the director or the director's designee shall send
3088	notice by certified mail, return receipt requested, to the owner
3089	of the motor vehicle, the insurance company insuring the motor
3090	vehicle, notwithstanding the provisions of s. 627.736, and all
3091	persons of record claiming a lien against the motor vehicle. The
3092	notice shall state the fact of possession of the motor vehicle,
3093	that charges for reasonable towing, storage, and parking fees,
3094	if any, have accrued and the amount thereof, that a lien as
3095	provided in subsection (6) will be claimed, that the lien is
3096	subject to enforcement pursuant to law, that the owner or
3097	lienholder, if any, has the right to a hearing as set forth in
3098	subsection (4), and that any motor vehicle which, at the end of
3099	30 calendar days after receipt of the notice, has not been
3100	removed from the airport upon payment in full of all accrued
3101	charges for reasonable towing, storage, and parking fees, if
3102	any, may be disposed of as provided in s. 705.182(2)(a), (b),
3103	(d), or (e), including, but not limited to, the motor vehicle
3104	being sold free of all prior liens after 35 calendar days after
3105	the time the motor vehicle is stored if any prior liens on the
3106	motor vehicle are more than 5 years of age or after 50 calendar
3107	days after the time the motor vehicle is stored if any prior
3108	liens on the motor vehicle are 5 years of age or less.
3109	(3)  If attempts to notify the owner or lienholder pursuant
3110	to subsection (2) are not successful, the requirement of notice
3111	by mail shall be considered met and the director or the
3112	director's designee, in accordance with subsection (5), may
3113	cause the motor vehicle to be disposed of as provided in s.
3114	705.182(2)(a), (b), (d), or (e), including, but not limited to,
3115	the motor vehicle being sold free of all prior liens after 35
3116	calendar days after the time the motor vehicle is stored if any
3117	prior liens on the motor vehicle are more than 5 years of age or
3118	after 50 calendar days after the time the motor vehicle is
3119	stored if any prior liens on the motor vehicle are 5 years of
3120	age or less.
3121	(4)(a)  The owner of, or any person with a lien on, a motor
3122	vehicle removed pursuant to subsection (1), may, within 10
3123	calendar days after the time he or she has knowledge of the
3124	location of the motor vehicle, file a complaint in the county
3125	court of the county in which the motor vehicle is stored to
3126	determine if his or her property was wrongfully taken or
3127	withheld.
3128	(b)  Upon filing a complaint, an owner or lienholder may
3129	have his or her motor vehicle released upon posting with the
3130	court a cash or surety bond or other adequate security equal to
3131	the amount of the fees for towing, storage, and accrued parking,
3132	if any, to ensure the payment of such fees in the event he or
3133	she does not prevail. Upon the posting of the bond or other
3134	adequate security and the payment of any applicable fee, the
3135	clerk of the court shall issue a certificate notifying the
3136	airport of the posting of the bond or other adequate security
3137	and directing the airport to release the motor vehicle. At the
3138	time of such release, after reasonable inspection, the owner or
3139	lienholder shall give a receipt to the airport reciting any
3140	claims he or she has for loss or damage to the motor vehicle or
3141	the contents of the motor vehicle.
3142	(5)  If, after 30 calendar days after receipt of the
3143	notice, the owner or any person claiming a lien has not removed
3144	the motor vehicle from its storage location upon payment in full
3145	of all accrued charges for reasonable towing, storage, and
3146	parking fees, if any, or shown reasonable cause for the failure
3147	to do so, the airport director or the director's designee may
3148	dispose of the motor vehicle as provided in s. 705.182(2)(a),
3149	(b), (d), or (e). If the airport elects to sell the motor
3150	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
3151	sold free of all prior liens after 35 calendar days after the
3152	time the motor vehicle is stored if any prior liens on the motor
3153	vehicle are more than 5 years of age or after 50 calendar days
3154	after the time the motor vehicle is stored if any prior liens on
3155	the motor vehicle are 5 years of age or less. The sale shall be
3156	a public auction either on the Internet or at a specified
3157	physical location. If the date of the sale was not included in
3158	the notice required in subsection (2), notice of the sale, sent
3159	by certified mail, return receipt requested, shall be given to
3160	the owner of the motor vehicle and to all persons claiming a
3161	lien on the motor vehicle. Such notice shall be mailed not less
3162	than 10 calendar days before the date of the sale. In addition
3163	to the notice by mail, public notice of the time and place of
3164	the sale at auction shall be made by publishing a notice of the
3165	sale at auction one time, at least 10 calendar days prior to the
3166	date of sale, in a newspaper of general circulation in the
3167	county in which the sale is to be held. All costs incurred by
3168	the airport for the towing, storage, and sale of the motor
3169	vehicle, as well as all accrued parking fees, if any, shall be
3170	recovered by the airport from the proceeds of the sale, and any
3171	proceeds of the sale in excess of such costs shall be retained
3172	by the airport for use by the airport in any manner authorized
3173	by law.
3174	(6)  The airport pursuant to this section or, if used, a
3175	licensed independent wrecker company pursuant to s. 713.78 shall
3176	have a lien on an abandoned or derelict motor vehicle for all
3177	reasonable towing, storage, and accrued parking fees, if any,
3178	except that no storage fee shall be charged if the motor vehicle
3179	is stored less than 6 hours. As a prerequisite to perfecting a
3180	lien under this section, the airport director or the director's
3181	designee must serve a notice in accordance with subsection (2)
3182	on the owner of the motor vehicle, the insurance company
3183	insuring the motor vehicle, notwithstanding the provisions of s.
3184	627.736, and all persons of record claiming a lien against the
3185	motor vehicle. If attempts to notify the owner, the insurance
3186	company insuring the motor vehicle, notwithstanding the
3187	provisions of s. 627.736, or lienholders are not successful, the
3188	requirement of notice by mail shall be considered met. Serving
3189	of the notice does not dispense with recording the claim of
3190	lien.
3191	(7)(a)  For the purpose of perfecting its lien under this
3192	section, the airport shall record a claim of lien which shall
3193	state:
3194	1.  The name and address of the airport.
3195	2.  The name of the owner of the motor vehicle, the
3196	insurance company insuring the motor vehicle, notwithstanding
3197	the provisions of s. 627.736, and all persons of record claiming
3198	a lien against the motor vehicle.
3199	3.  The costs incurred from reasonable towing, storage, and
3200	parking fees, if any.
3201	4.  A description of the motor vehicle sufficient for
3202	identification.
3203	(b)  The claim of lien shall be signed and sworn to or
3204	affirmed by the airport director or the director's designee.
3205	(c)  The claim of lien shall be sufficient if it is in
3206	substantially the following form:
3207
3208	CLAIM OF LIEN
3209	State of ______
3210	County of ______
3211	Before me, the undersigned notary public, personally appeared
3212	______, who was duly sworn and says that he/she is the
3213	________of _____________, whose address is________; and that the
3214	following described motor vehicle:
3215	...(Description of motor vehicle)...
3216	owned by __________, whose address is ____________, has accrued
3217	$___________in fees for a reasonable tow, for storage, and for
3218	parking, if applicable; that the lienor served its notice to the
3219	owner, the insurance company insuring the motor vehicle
3220	notwithstanding the provisions of s. 627.736, Florida Statutes,
3221	and all persons of record claiming a lien against the motor
3222	vehicle on ____, ...(year)..., by________.
3223	...(Signature)...
3224	Sworn to (or affirmed) and subscribed before me this _____day
3225	of___, ...(year)..., by ...(name of person making statement)....
3226	...(Signature of Notary Public)... ...(Print, Type, or Stamp
3227	Commissioned name of Notary Public)...
3228	Personally Known___OR Produced_____as identification.
3229
3230	However, the negligent inclusion or omission of any information
3231	in this claim of lien which does not prejudice the owner does
3232	not constitute a default that operates to defeat an otherwise
3233	valid lien.
3234	(d)  The claim of lien shall be served on the owner of the
3235	motor vehicle, the insurance company insuring the motor vehicle,
3236	notwithstanding the provisions of s. 627.736, and all persons of
3237	record claiming a lien against the motor vehicle. If attempts to
3238	notify the owner, the insurance company insuring the motor
3239	vehicle notwithstanding the provisions of s. 627.736, or
3240	lienholders are not successful, the requirement of notice by
3241	mail shall be considered met. The claim of lien shall be so
3242	served before recordation.
3243	(e)  The claim of lien shall be recorded with the clerk of
3244	court in the county where the airport is located. The recording
3245	of the claim of lien shall be constructive notice to all persons
3246	of the contents and effect of such claim. The lien shall attach
3247	at the time of recordation and shall take priority as of that
3248	time.
3249	(8)  A purchaser or recipient in good faith of a motor
3250	vehicle sold or obtained under this section takes the property
3251	free of the rights of persons then holding any legal or
3252	equitable interest thereto, whether or not recorded.
3253	Section 49.  Section 479.156, Florida Statutes, is amended
3254	to read:
3255	479.156  Wall murals.-Notwithstanding any other provision
3256	of this chapter, a municipality or county may permit and
3257	regulate wall murals within areas designated by such government.
3258	If a municipality or county permits wall murals, a wall mural
3259	that displays a commercial message and is within 660 feet of the
3260	nearest edge of the right-of-way within an area adjacent to the
3261	interstate highway system or the federal-aid primary highway
3262	system shall be located in an area that is zoned for industrial
3263	or commercial use and the municipality or county shall establish
3264	and enforce regulations for such areas that, at a minimum, set
3265	forth criteria governing the size, lighting, and spacing of wall
3266	murals consistent with the intent of the Highway Beautification
3267	Act of 1965 and with customary use. Whenever a municipality or
3268	county exercises such control and makes a determination of
3269	customary use pursuant to 23 U.S.C. s. 131(d), such
3270	determination shall be accepted in lieu of controls in the
3271	agreement between the state and the United States Department of
3272	Transportation, and the department shall notify the Federal
3273	Highway Administration pursuant to the agreement, 23 U.S.C. s.
3274	131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
3275	subject to municipal or county regulation and the Highway
3276	Beautification Act of 1965 must be approved by the Department of
3277	Transportation and the Federal Highway Administration when
3278	required by federal law and federal regulation under the
3279	agreement between the state and the United States Department of
3280	Transportation and federal regulations enforced by the
3281	Department of Transportation under s. 479.02(1). The existence
3282	of a wall mural as defined in s. 479.01(30)(27) shall not be
3283	considered in determining whether a sign as defined in s.
3284	479.01(20)(17), either existing or new, is in compliance with s.
3285	479.07(9)(a).
3286	Section 50.  This act shall take effect July 1, 2010.

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