CS/CS/CS/HB 1271

1	A bill to be entitled
2	An act relating to transportation; amending s. 212.055,
3	F.S.; authorizing counties within or under an interlocal
4	agreement with a regional transportation or transit
5	authority to levy a discretionary sales surtax for
6	transportation systems under certain conditions; providing
7	that the county commission may apply the proceeds from the
8	charter county transportation system surtax to the
9	planning, development, construction, expansion, operation,
10	and maintenance of on-demand transportation services;
11	defining the term "on-demand transportation services";
12	amending s. 310.0015, F.S., relating to pilotage rates;
13	providing for such rates to be set by the Pilotage Rate
14	Review Committee to conform to changes made by the act;
15	amending s. 310.002, F.S.; revising the definition of the
16	term "pilotage" to conform to changes made by the act;
17	amending s. 310.011, F.S.; revising the membership of the
18	Board of Pilot Commissioners; amending s. 310.151, F.S.;
19	redesignating the "Pilotage Rate Review Board" as the
20	"Pilotage Rate Review Committee"; providing that the
21	committee is part of the Board of Pilot Commissioners;
22	revising membership and providing for appointment of
23	members from among the commissioners; requiring members to
24	comply with specified disclosure requirements; providing
25	that decisions of the committee regarding rates are not
26	appealable to the board; directing the Governor to make
27	certain appointments to the Board of Pilot Commissioners
28	before a certain date; providing requirements for the
29	transfer of pending matters; repealing s. 315.03(12)(c),
30	F.S., relating to legislative review of a loan program of
31	the Florida Seaport Transportation and Economic
32	Development Council; amending s. 316.003, F.S.; defining
33	the term "motor carrier transportation contract" for
34	purposes of the Florida Uniform Traffic Control Law;
35	amending s. 316.1001, F.S.; revising the method to be used
36	to provide notice following the issuance of a citation for
37	failure to pay a toll; providing that receipt of the
38	citation rather than its mailing constitutes notification;
39	authorizing any governmental entity, including the clerk
40	of court, to provide certain data to the Department of
41	Highway Safety and Motor Vehicles regarding outstanding
42	violations for failure to pay tolls; amending s. 316.302,
43	F.S.; revising reference to specified federal rules and
44	regulations applicable to owners and drivers of commercial
45	motor vehicles engaged in intrastate commerce; providing
46	that 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	requiring issuance of permits within a specified period
63	after a request; providing restrictions on routes;
64	providing conditions when vehicles must be unloaded;
65	conforming a cross-reference; amending s. 318.18, F.S.;
66	revising provisions for distribution of proceeds collected
67	by the clerk of the court for disposition of citations for
68	failure to pay a toll; providing alternative procedures
69	for disposition of such citation; providing for
70	adjudication to be withheld and no points assessed against
71	the driver's license unless adjudication is imposed by a
72	court; authorizing a court to direct the department to
73	suspend a person's driver's license for violations
74	involving the failure to pay tolls; amending s. 320.03,
75	F.S.; clarifying provisions requiring that the tax
76	collector withhold issuance of a license plate or
77	revalidation sticker if certain fines are outstanding;
78	amending s. 320.08, F.S.; providing that specified license
79	tax provisions apply to wreckers used for certain
80	purposes; amending s. 320.08058, F.S.; revising authorized
81	uses of revenue received from the sale of United We Stand
82	license plates; amending s. 322.27, F.S.; providing for
83	assessment of points against a driver's license for
84	specified violations of requirements to pay a toll only
85	when the points are imposed by a court; repealing s.
86	332.14, F.S., relating to the Secure Airports for
87	Florida's Economy Council; providing for the use of funds
88	accrued by the Secure Airports for Florida's Economy
89	Council; amending s. 337.14, F.S.; revising application
90	procedures for the qualification of contractors; requiring
91	any required interim financial statement to be accompanied
92	by an updated application; amending s. 337.401, F.S.;
93	revising provisions for rules of the department that
94	provide for the placement of and access to certain
95	electrical transmission lines on the right-of-way of
96	department-controlled roads; authorizing the rules to
97	include that the use of the limited access right-of-way
98	for longitudinal placement of such transmission lines is
99	reasonable based upon consideration of certain economic
100	and environmental factors; providing that removal or
101	relocation of a transmission line shall be at the expense
102	of the utility; amending s. 337.406, F.S.; prohibiting
103	camping on certain parts of the right-of-way of the State
104	Highway System; amending s. 338.155, F.S.; authorizing the
105	department to adopt rules relating to the payment,
106	collection, and enforcement of tolls; amending ss. 341.051
107	and 341.3025, F.S.; requiring the use of universally
108	accepted contactless fare media on new or upgraded public
109	rail transit systems or public transit systems connecting
110	to such rail systems; amending s. 343.64, F.S.;
111	authorizing the Central Florida Regional Transportation
112	Authority to borrow funds under certain circumstances;
113	amending s. 348.51, F.S.; revising the definition for the
114	term "bonds" when used in the Tampa-Hillsborough County
115	Expressway Authority Law; amending s. 348.545, F.S.;
116	authorizing certain costs to be financed by bonds issued
117	on behalf of the Tampa-Hillsborough County Expressway
118	Authority pursuant to the State Bond Act or bonds issued
119	by the authority under specified provisions; amending s.
120	348.56, F.S.; authorizing bonds to be issued on behalf of
121	the authority pursuant to the State Bond Act or issued by
122	the authority under specified provisions; revising
123	requirements for such bonds; requiring the bonds to be
124	sold at public sale; authorizing the authority to
125	negotiate the sale of bonds with underwriters under
126	certain circumstances; amending s. 348.565, F.S.;
127	providing that facilities of the expressway system are
128	approved to be refinanced by the revenue bonds issued by
129	the Division of Bond Finance of the State Board of
130	Administration and the State Bond Act or by revenue bonds
131	issued by the authority; providing that certain projects
132	of the authority are approved for financing or refinancing
133	by revenue bonds; amending s. 348.57, F.S.; authorizing
134	the authority to provide for the issuance of certain bonds
135	for the refunding of bonds outstanding regardless of
136	whether the bonds being refunded were issued by the
137	authority or on behalf of the authority; amending s.
138	348.70, F.S.; providing that the Tampa-Hillsborough County
139	Expressway Authority Law does not repeal, rescind, or
140	modify any other laws; providing that such law supersedes
141	laws that are inconsistent with the provisions of that
142	law; creating part XI of ch. 348, F.S.; creating s.
143	348.9950, F.S.; providing a short title; creating s.
144	348.9951, F.S.; providing that certain terms have the same
145	meaning as in the Florida Expressway Authority Act for
146	certain purposes; creating s. 348.9952, F.S.; creating the
147	Osceola County Expressway Authority as an agency of the
148	state; providing for a governing body of the authority;
149	providing for membership, terms, organization, personnel,
150	and administration; authorizing payment of travel and
151	other expenses; directing the authority to cooperate with
152	and participate in any efforts to establish a regional
153	expressway authority; declaring that the authority is not
154	eligible for voting membership in certain metropolitan
155	planning organizations; creating s. 348.9953, F.S.;
156	providing purposes and powers of the authority; creating
157	s. 348.9954, F.S.; authorizing the issuance of bonds to
158	pay or secure certain obligations; creating s. 348.9955,
159	F.S.; authorizing the authority to enter into certain
160	agreements; creating s. 348.9956, F.S.; authorizing the
161	department to act as the authority's appointed agent under
162	certain circumstances; creating s. 348.9957, F.S.;
163	authorizing the authority to acquire certain lands and
164	property; authorizing the authority to exercise eminent
165	domain; creating s. 348.9958, F.S.; authorizing certain
166	entities to enter into agreements with the authority;
167	creating s. 348.9959, F.S.; providing legislative intent
168	and a pledge of the state to bondholders; creating s.
169	348.9960, F.S.; exempting the authority from taxation;
170	creating s. 348.9961, F.S.; providing for dissolution of
171	the authority under certain circumstances; amending s.
172	369.317, F.S.; providing that certain activity relating to
173	mitigation of certain environmental impacts in the Wekiva
174	Study Area or the Wekiva parkway alignment corridor meet
175	specified impact requirements under certain conditions;
176	amending s. 373.41492, F.S.; increasing the mitigation fee
177	for mining activities in the Miami-Dade County Lake Belt;
178	suspending an annual increase in the mitigation fee;
179	revising the frequency of an interagency committee report;
180	amending s. 403.4131, F.S.; removing provisions relating
181	to a report on the adopt-a-highway program; amending s.
182	479.01, F.S.; defining the terms "allowable uses,"
183	"commercial use," "industrial use," and "zoning category"
184	and revising the definition of the terms "commercial or
185	industrial zone" and "main-traveled way" for purposes of
186	provisions relating to outdoor advertising; conforming
187	cross-references; amending s. 479.07, F.S.; providing for
188	the placement of new or replacement signs erected on an
189	interstate highway in certain areas; requiring such sign
190	to be located on land designated for commercial or
191	industrial use under the future land use map and land use
192	development regulations; exempting such location from
193	specified evaluation criteria; amending s. 479.261, F.S.;
194	removing a provision authorizing the Department of
195	Transportation to rotate certain logo signs relating to
196	gas, food, and lodging services on the rights-of-way of
197	the interstate highway system during a specified period;
198	reducing the annual permit fees for businesses
199	participating in the interstate highway logo sign program;
200	designating pts. I and II of ch. 479, F.S., entitled
201	"General Provisions" and "Special Programs," respectively;
202	creating pt. III of ch. 479, F.S., entitled "Sign
203	Removal"; creating s. 479.310, F.S.; providing intent
204	relating to unpermitted and illegal signs; placing
205	financial responsibility for the removal of such signs;
206	providing the department authority to recover costs of
207	removal of such signs; creating s. 479.311, F.S.,
208	providing jurisdiction to consider claims to recover
209	costs; defining the term "venue" for the purposes of a
210	claim filed by the department; creating s. 479.312, F.S.;
211	providing that costs incurred by the department in
212	removing certain signs shall be assessed against certain
213	individuals; providing presumption of a ownership;
214	creating s. 479.313, F.S.; providing for the assessment of
215	the cost of removal for signs following the revocation of
216	a sign permit; creating s. 479.315, F.S.; providing for
217	the assessment of the cost of removal of signs located
218	within a highway right-of-way; amending s. 705.18, F.S.;
219	removing provisions for disposal of personal property lost
220	or abandoned at certain public-use airports; creating s.
221	705.182, F.S.; providing for disposal of personal property
222	found on premises owned or controlled by the operator of a
223	public-use airport; providing a timeframe for the property
224	to be claimed; providing options for disposing of such
225	personal property; providing procedures for selling
226	abandoned personal property; providing for notice of sale;
227	providing that the rightful owner of such property may
228	reclaim the property at any time prior to sale; permitting
229	airport tenants to establish lost and found procedures;
230	providing that purchaser holds title to the property free
231	of the rights of persons then holding any legal or
232	equitable interest thereto; creating s. 705.183, F.S.;
233	providing for disposition of derelict or abandoned
234	aircraft on the premises of public-use airports; providing
235	procedures for such disposition; requiring a record of
236	when the aircraft is found; defining the terms "derelict
237	aircraft" and "abandoned aircraft"; providing for
238	notification of aircraft owner and all persons having an
239	equitable or legal interest in the aircraft; providing for
240	notice if the owner of the aircraft is unknown or cannot
241	be found; providing for disposition if the aircraft is not
242	removed upon payment of required fees; requiring any sale
243	of the aircraft to be at a public auction; providing
244	notice requirements for such public auction; providing
245	procedures for disposal of the aircraft; providing for
246	liability if charges and costs related to the disposition
247	are more than that obtained from the sale; providing for a
248	lien by the airport for fees and charges; providing for
249	notice of lien; requiring recording of a claim of lien;
250	providing for the form of the claim of lien; providing for
251	service of the claim of lien; providing that the purchaser
252	of the aircraft takes the property free of rights of
253	persons holding legal or equitable interest in the
254	aircraft; requiring purchaser or recipient to notify the
255	Federal Aviation Administration of change in ownership;
256	providing for disposition of moneys received for an
257	aircraft sold at public sale; authorizing the airport to
258	issue documents relating to the aircraft's disposal;
259	creating s. 705.184, F.S.; providing for disposition of
260	derelict or abandoned motor vehicles on the premises of
261	public-use airports; providing procedures; requiring
262	recording of the abandoned motor vehicle; defining the
263	terms "derelict motor vehicle" and "abandoned motor
264	vehicle"; providing for removal of such motor vehicle from
265	airport premises; providing for notice to the owner, the
266	company insuring the motor vehicle, and any lienholder;
267	providing for disposition if the motor vehicle is not
268	removed upon payment of required fees; requiring any sale
269	of the motor vehicle to be at a public auction; providing
270	notice requirements for such public auction; providing
271	procedures for disposal of the motor vehicle; providing
272	for a lien by the airport or a licensed independent
273	wrecker for fees and charges; providing for notice of
274	lien; requiring recording of a claim of lien; providing
275	for the form of the claim of lien; providing for service
276	of claim of lien; providing that the purchaser of the
277	motor vehicle takes the property free of the rights of
278	persons holding legal or equitable interest in the motor
279	vehicle; amending s. 479.156, F.S.; conforming cross-
280	references; providing an effective date.
281
282	Be It Enacted by the Legislature of the State of Florida:
283
284	Section 1.  Subsection (1) of section 212.055, Florida
285	Statutes, is amended to read:
286	212.055  Discretionary sales surtaxes; legislative intent;
287	authorization and use of proceeds.-It is the legislative intent
288	that any authorization for imposition of a discretionary sales
289	surtax shall be published in the Florida Statutes as a
290	subsection of this section, irrespective of the duration of the
291	levy. Each enactment shall specify the types of counties
292	authorized to levy; the rate or rates which may be imposed; the
293	maximum length of time the surtax may be imposed, if any; the
294	procedure which must be followed to secure voter approval, if
295	required; the purpose for which the proceeds may be expended;
296	and such other requirements as the Legislature may provide.
297	Taxable transactions and administrative procedures shall be as
298	provided in s. 212.054.
299	(1)  CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
300	SURTAX.-
301	(a)  Each charter county that has adopted a charter, and
302	each county the government of which is consolidated with that of
303	one or more municipalities, and each county that is within or
304	under an interlocal agreement with a regional transportation or
305	transit authority created under chapter 343 or chapter 349 may
306	levy a discretionary sales surtax, subject to approval by a
307	majority vote of the electorate of the county or by a charter
308	amendment approved by a majority vote of the electorate of the
309	county.
310	(b)  The rate shall be up to 1 percent.
311	(c)  The proposal to adopt a discretionary sales surtax as
312	provided in this subsection and to create a trust fund within
313	the county accounts shall be placed on the ballot in accordance
314	with law at a time to be set at the discretion of the governing
315	body.
316	(d)  Proceeds from the surtax shall be applied to as many
317	or as few of the uses enumerated below in whatever combination
318	the county commission deems appropriate:
319	1.  Deposited by the county in the trust fund and shall be
320	used for the purposes of development, construction, equipment,
321	maintenance, operation, supportive services, including a
322	countywide bus system, on-demand transportation services, and
323	related costs of a fixed guideway rapid transit system;
324	2.  Remitted by the governing body of the county to an
325	expressway, transit, or transportation authority created by law
326	to be used, at the discretion of such authority, for the
327	development, construction, operation, or maintenance of roads or
328	bridges in the county, for the operation and maintenance of a
329	bus system, for the operation and maintenance of on-demand
330	transportation services, for the payment of principal and
331	interest on existing bonds issued for the construction of such
332	roads or bridges, and, upon approval by the county commission,
333	such proceeds may be pledged for bonds issued to refinance
334	existing bonds or new bonds issued for the construction of such
335	roads or bridges;
336	3.  Used by the charter county for the development,
337	construction, operation, and maintenance of roads and bridges in
338	the county; for the expansion, operation, and maintenance of bus
339	and fixed guideway systems; for the expansion, operation, and
340	maintenance of on-demand transportation services; and for the
341	payment of principal and interest on bonds issued for the
342	construction of fixed guideway rapid transit systems, bus
343	systems, roads, or bridges; and such proceeds may be pledged by
344	the governing body of the county for bonds issued to refinance
345	existing bonds or new bonds issued for the construction of such
346	fixed guideway rapid transit systems, bus systems, roads, or
347	bridges and no more than 25 percent used for nontransit uses;
348	and
349	4.  Used by the charter county for the planning,
350	development, construction, operation, and maintenance of roads
351	and bridges in the county; for the planning, development,
352	expansion, operation, and maintenance of bus and fixed guideway
353	systems; for the planning, development, construction, operation,
354	and maintenance of on-demand transportation services; and for
355	the payment of principal and interest on bonds issued for the
356	construction of fixed guideway rapid transit systems, bus
357	systems, roads, or bridges; and such proceeds may be pledged by
358	the governing body of the county for bonds issued to refinance
359	existing bonds or new bonds issued for the construction of such
360	fixed guideway rapid transit systems, bus systems, roads, or
361	bridges. Pursuant to an interlocal agreement entered into
362	pursuant to chapter 163, the governing body of the charter
363	county may distribute proceeds from the tax to a municipality,
364	or an expressway or transportation authority created by law to
365	be expended for the purpose authorized by this paragraph. Any
366	charter county that has entered into interlocal agreements for
367	distribution of proceeds to one or more municipalities in the
368	county shall revise such interlocal agreements no less than
369	every 5 years in order to include any municipalities that have
370	been created since the prior interlocal agreements were
371	executed.
372	(e)  As used in this subsection, the term "on-demand
373	transportation services" means transportation provided between
374	flexible points of origin and destination selected by individual
375	users with such service being provided at a time that is agreed
376	upon by the user and the provider of the service and that is not
377	fixed-schedule or fixed-route in nature.
378	Section 2.  Paragraph (b) of subsection (3) of section
379	310.0015, Florida Statutes, is amended to read:
380	310.0015  Piloting regulation; general provisions.-
381	(3)  The rate-setting process, the issuance of licenses
382	only in numbers deemed necessary or prudent by the board, and
383	other aspects of the economic regulation of piloting established
384	in this chapter are intended to protect the public from the
385	adverse effects of unrestricted competition which would result
386	from an unlimited number of licensed pilots being allowed to
387	market their services on the basis of lower prices rather than
388	safety concerns. This system of regulation benefits and protects
389	the public interest by maximizing safety, avoiding uneconomic
390	duplication of capital expenses and facilities, and enhancing
391	state regulatory oversight. The system seeks to provide pilots
392	with reasonable revenues, taking into consideration the normal
393	uncertainties of vessel traffic and port usage, sufficient to
394	maintain reliable, stable piloting operations. Pilots have
395	certain restrictions and obligations under this system,
396	including, but not limited to, the following:
397	(b)  Pilots may not unilaterally determine the pilotage
398	rates they charge. Such pilotage rates shall instead be
399	determined by the Pilotage Rate Review Committee Board, in the
400	public interest, as set forth in s. 310.151.
401	Section 3.  Subsection (7) of section 310.002, Florida
402	Statutes, is amended to read:
403	310.002  Definitions.-As used in this chapter, except where
404	the context clearly indicates otherwise:
405	(7)  "Pilotage" means the compensation fixed by the
406	Pilotage Rate Review Committee Board which is payable by a
407	vessel, its owners, agents, charterers, or consignees to one or
408	more pilots in the port where piloting is performed. The word
409	"pilotage" also means the compensation of all types and sources
410	derived by one or more pilots or deputy pilots for the
411	performance of piloting at that port by licensed pilots or by
412	certificated deputy pilots, whether such piloting is performed
413	pursuant to this chapter or is performed by state-licensed
414	pilots or state-certificated deputy pilots when acting as a
415	federal pilot for vessels not required by this chapter to use a
416	state-licensed pilot or state-certificated deputy pilot.
417	Section 4.  Section 310.011, Florida Statutes, is amended
418	to read:
419	310.011  Board of Pilot Commissioners.-
420	(1)  A board is established within the Division of
421	Professions of the Department of Business and Professional
422	Regulation to be known as the Board of Pilot Commissioners. The
423	board shall be composed of 10 members, to be appointed by the
424	Governor, as follows: five members 5 of whom shall be licensed
425	state pilots actively practicing their profession; two members
426	shall be actively involved in a professional or business
427	capacity in the maritime industry, marine shipping industry, or
428	commercial passenger cruise industry; one member shall be a
429	certified public accountant with at least 5 years of experience
430	in financial management; and two members shall be citizens of
431	the state. The latter three board members shall not be involved
432	in, or have any financial interest in, the piloting profession,
433	the maritime industry, the marine shipping industry, or the
434	commercial passenger cruise industry. The board shall perform
435	such duties and possess and exercise such powers relative to the
436	protection of the waters, harbors, and ports of this state as
437	are prescribed and conferred on it in this chapter.
438	(2)  In accordance with the requirements of subsection (1),
439	the Governor shall appoint five licensed state pilots who are
440	actively practicing their profession and five citizens of the
441	state who are not pilots, one of whom shall be actively involved
442	in a professional or business capacity in maritime or marine
443	shipping, one of whom shall be a user of piloting services, and
444	three of whom shall not be involved or monetarily interested in
445	the piloting profession or in the maritime industry or marine
446	shipping, to constitute the members of the board. For purposes
447	of this subsection, a "user of piloting services" may include
448	any person with an ownership interest in a business that
449	regularly employs licensed state pilots or certificated deputy
450	pilots for the purpose of delivering piloting services, or any
451	person who is a direct employee of, and who is employed in a
452	management position for, that business. Each member shall be
453	appointed for a term of 4 years. The Governor shall have power
454	to remove members of the board from office for neglect of duty
455	required by this chapter, for incompetency, or for
456	unprofessional conduct. Any vacancy which may occur in the board
457	in consequence of death, resignation, removal from the state, or
458	other cause shall be filled for the unexpired term by the
459	Governor in the same manner. A majority of those serving on the
460	board shall constitute a quorum.
461	(3)  In appointing members to the board who are pilots, the
462	Governor shall appoint one member from the state at large; one
463	member from any of the following ports: Pensacola, Panama City,
464	or Port St. Joe; one member from any of the following ports:
465	Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
466	West; one member from any of the following ports: Fernandina,
467	Jacksonville, or Port Canaveral; and one member from any of the
468	following ports: Ft. Pierce, Miami, Port Everglades, or Palm
469	Beach.
470	Section 5.  Section 310.151, Florida Statutes, is amended
471	to read:
472	310.151  Rates of pilotage; Pilotage Rate Review Committee
473	Board.-
474	(1)(a)  As used in For the purposes of this section, the
475	term:
476	1.  "Committee" "board" means the Pilotage Rate Review
477	Committee established under this section as part of the Board of
478	Pilot Commissioners.
479	2.  "Board" means the Board of Pilot Commissioners.
480	(b)1.  To carry out the provisions of this section, the
481	Pilotage Rate Review Committee Board is established as part of
482	the Board of Pilot Commissioners created within the Department
483	of Business and Professional Regulation. Members shall be
484	appointed by the Governor, subject to confirmation by the
485	Senate. Members shall be appointed for 4-year terms, except as
486	otherwise specified in this paragraph. No member may serve more
487	than two consecutive 4-year terms or more than 11 years on the
488	board. The committee board shall consist of the following seven
489	members of the board: two board members who are licensed state
490	pilots actively practicing their profession, who shall be
491	appointed by majority vote of the licensed state pilots serving
492	on the board; two board members who are actively involved in a
493	professional or business capacity in the maritime industry,
494	marine shipping industry, or commercial passenger cruise
495	industry; one board member who is a certified public accountant
496	with at least 5 years of experience in financial management; and
497	two board members who are citizens of the state. No member may
498	have ever served as a state pilot or deputy pilot, and no member
499	may currently serve or have served as a direct employee,
500	contract employee, partner, corporate officer, sole proprietor,
501	or representative of any vessel operator, shipping agent, or
502	pilot association or organization, except that one member shall
503	be or have been a person licensed by the United States Coast
504	Guard as an unlimited master, without a first-class pilot's
505	endorsement, initially appointed to a 2-year term. One member
506	shall be a certified public accountant with at least 5 years'
507	experience in financial management, initially appointed to a 3-
508	year term. One member shall be a former hearing officer or
509	administrative law judge of the Division of Administrative
510	Hearings, as defined in s. 120.65, or a former judge who has
511	served on the Supreme Court or any district court of appeal,
512	circuit court, or county court, initially appointed to a 4-year
513	term. Except as otherwise provided in subparagraph 2., the
514	remaining members shall be appointed by the Governor from among
515	persons not prohibited pursuant to this paragraph. Members of
516	the board shall be appointed so as to be geographically
517	distributed, with the southern, central, northeastern, and
518	northwestern regions of the state having at least one member
519	each.
520	2.  Three members shall be the consumer members of the
521	Board of Pilot Commissioners serving on that board as of January
522	1, 1994. Of those members, one shall be appointed to a 1-year
523	term, one shall be appointed to a 2-year term, and one shall be
524	appointed to a 3-year term. Each of those members shall be
525	eligible for reappointment in the same fashion as other members
526	of the board, but, thereafter, no member of the board shall be a
527	current or former member of the Board of Pilot Commissioners.
528	The service of the consumer members of the Board of Pilot
529	Commissioners on this board, while they are maintaining
530	concurrent membership with the Board of Pilot Commissioners,
531	shall be considered duties in addition to and related to their
532	duties on the Board of Pilot Commissioners. In the event that
533	any of the three board members stipulated according to this
534	subparagraph are unable to serve, the Governor shall fill the
535	position or positions by appointment from among persons not
536	prohibited pursuant to this paragraph.
537	(c)  Committee members shall comply with the disclosure
538	requirements of s. 112.3143(4) if participating in any matter
539	that would result in special private gain or loss as described
540	in that subsection.
541	(d)(c)  The committee board has authority to adopt rules
542	pursuant to ss. 120.536(1) and 120.54 to implement provisions of
543	this section conferring duties upon it. The department shall
544	provide the staff required by the committee board to carry out
545	its duties under this section.
546	(e)(d)  All funds received pursuant to this section shall
547	be placed in the account of the Board of Pilot Commissioners,
548	and the Board of Pilot Commissioners shall pay for all expenses
549	incurred pursuant to this section.
550	(2)  Any pilot, group of pilots, or other person or group
551	of persons whose substantial interests are directly affected by
552	the rates established by the committee board may apply to the
553	committee board for a change in rates. However, an application
554	for a change in rates shall not be considered for any port for
555	which rates have been changed by this committee board in the 18
556	months preceding the filing of the application. All applications
557	for changes in rates shall be made to the committee board, in
558	writing, pursuant to rules prescribed by the committee board. In
559	the case of an application for a rate change on behalf of a
560	pilot or group of pilots, the application shall be accompanied
561	by a consolidated financial statement, statement of profit or
562	loss, and balance sheet prepared by a certified public
563	accountant of the pilot or group of pilots and all relevant
564	information, fiscal and otherwise, on the piloting activities
565	within the affected port area, including financial information
566	on all entities owned or partially owned by the pilot or group
567	of pilots which provide pilot-related services in the affected
568	port area. In the case of an application for a rate change filed
569	on behalf of persons other than a pilot or group of pilots,
570	information regarding the financial state of interested parties
571	other than pilots shall be required only to the extent that such
572	financial information is made relevant by the application or
573	subsequent argument before the committee board. The committee
574	board shall have the authority to set, by rule, a rate review
575	application fee of up to $1,000, which must be submitted to the
576	committee board upon the filing of the application for a rate
577	change.
578	(3)  The committee board shall investigate and determine
579	whether the requested rate change will result in fair, just, and
580	reasonable rates of pilotage pursuant to rules prescribed by the
581	committee board. In addition to publication as required by law,
582	notice of a hearing to determine rates shall be mailed to each
583	person who has formally requested notice of any rate change in
584	the affected port area. The notice shall advise all interested
585	parties that they may file an answer, an additional or
586	alternative petition, or any other applicable pleading or
587	response, within 30 days after the date of publication of the
588	notice, and the notice shall specify the last date by which any
589	such pleading must be filed. The committee board may, for good
590	cause, extend the period for responses to a petition. Multiple
591	petitions filed in this manner do not warrant separate hearings,
592	and these petitions shall be consolidated to the extent that it
593	shall not be necessary to hold a separate hearing on each
594	petition. The committee board shall conclude its investigation,
595	conduct a public hearing, and determine whether to modify the
596	existing rates of pilotage in that port within 60 days after the
597	filing of the completed application, except that the committee
598	board may not be required to complete a hearing for more than
599	one port within any 60-day period. Hearings shall be held in the
600	affected port area, unless a different location is agreed upon
601	by all parties to the proceeding.
602	(4)(a)  The applicant shall be given written notice, either
603	in person or by certified mail, that the committee board intends
604	to modify the pilotage rates in that port and that the applicant
605	may, within 21 days after receipt of the notice, request a
606	hearing pursuant to the Administrative Procedure Act. Notice of
607	the intent to modify the pilotage rates in that port shall also
608	be published in the Florida Administrative Weekly and in a
609	newspaper of general circulation in the affected port area and
610	shall be mailed to any person who has formally requested notice
611	of any rate change in the affected port area. Within 21 days
612	after receipt or publication of notice, any person whose
613	substantial interests will be affected by the intended committee
614	board action may request a hearing pursuant to the
615	Administrative Procedure Act. If the committee board concludes
616	that the petitioner has raised a disputed issue of material
617	fact, the committee board shall designate a hearing, which shall
618	be conducted by formal proceeding before an administrative law
619	judge assigned by the Division of Administrative Hearings
620	pursuant to ss. 120.569 and 120.57(1), unless waived by all
621	parties. If the committee board concludes that the petitioner
622	has not raised a disputed issue of material fact and does not
623	designate the petition for hearing, that decision shall be
624	considered final agency action for purposes of s. 120.68. The
625	failure to request a hearing within 21 days after receipt or
626	publication of notice shall constitute a waiver of any right to
627	an administrative hearing and shall cause the order modifying
628	the pilotage rates in that port to be entered. If an
629	administrative hearing is requested pursuant to this subsection,
630	notice of the time, date, and location of the hearing shall be
631	published in the Florida Administrative Weekly and in a
632	newspaper of general circulation in the affected port area and
633	shall be mailed to the applicant and to any person who has
634	formally requested notice of any rate change for the affected
635	port area.
636	(b)  In any administrative proceeding pursuant to this
637	section, the committee's board's proposed rate determination
638	shall be immediately effective and shall not be stayed during
639	the administrative proceeding, provided that, pending rendition
640	of the committee's board's final order, the pilot or pilots in
641	the subject port deposit in an interest-bearing account all
642	amounts received which represent the difference between the
643	previous rates and the proposed rates. The pilot or pilots in
644	the subject port shall keep an accurate accounting of all
645	amounts deposited, specifying by whom or on whose behalf such
646	amounts were paid, and shall produce such an accounting upon
647	request of the committee board. Upon rendition of the
648	committee's board's final order:
649	1.  Any amounts deposited in the interest-bearing account
650	which are sustained by the final order shall be paid over to the
651	pilot or pilots in the subject port, including all interest
652	accrued on such funds; and
653	2.  Any amounts deposited which exceed the rates sustained
654	in the committee's board's final order shall be refunded, with
655	the accrued interest, to those customers from whom the funds
656	were collected. Any funds that are not refunded after diligent
657	effort of the pilot or pilots to do so shall be disbursed by the
658	pilot or pilots as the committee board shall direct.
659	(5)(a)  In determining whether the requested rate change
660	will result in fair, just, and reasonable rates, the committee
661	board shall give primary consideration to the public interest in
662	promoting and maintaining efficient, reliable, and safe piloting
663	services.
664	(b)  The committee board shall also give consideration to
665	the following factors:
666	1.  The public interest in having qualified pilots
667	available to respond promptly to vessels needing their service.
668	2.  A determination of the average net income of pilots in
669	the port, including the value of all benefits derived from
670	service as a pilot. For the purposes of this subparagraph, "net
671	income of pilots" refers to total pilotage fees collected in the
672	port, minus reasonable operating expenses, divided by the number
673	of licensed and active state pilots within the ports.
674	3.  Reasonable operating expenses of pilots.
675	4.  Pilotage rates in other ports.
676	5.  The amount of time each pilot spends on actual piloting
677	duty and the amount of time spent on other essential support
678	services.
679	6.  The prevailing compensation available to individuals in
680	other maritime services of comparable professional skill and
681	standing as that sought in pilots, it being recognized that in
682	order to attract to the profession of piloting, and to hold the
683	best and most qualified individuals as pilots, the overall
684	compensation accorded pilots should be equal to or greater than
685	that available to such individuals in comparable maritime
686	employment.
687	7.  The impact rate change may have in individual pilot
688	compensation and whether such change will lead to a shortage of
689	licensed state pilots, certificated deputy pilots, or qualified
690	pilot applicants.
691	8.  Projected changes in vessel traffic.
692	9.  Cost of retirement and medical plans.
693	10.  Physical risks inherent in piloting.
694	11.  Special characteristics, dangers, and risks of the
695	particular port.
696	12.  Any other factors the committee board deems relevant
697	in determining a just and reasonable rate.
698	(c)  The committee board may take into consideration the
699	consumer price index or any other comparable economic indicator
700	when fixing rates of pilotage; however, because the consumer
701	price index or such other comparable economic indicator is
702	primarily related to net income rather than rates, the committee
703	board shall not use it as the sole factor in fixing rates of
704	pilotage.
705	(6)  The committee board shall fix rates of pilotage
706	pursuant to this section based upon the following vessel
707	characteristics:
708	(a)  Length.
709	(b)  Beam.
710	(c)  Net tonnage, gross tonnage, or dead weight tonnage.
711	(d)  Freeboard or height above the waterline.
712	(e)  Draft or molded depth.
713	(f)  Any combination of the vessel characteristics listed
714	in this subsection or any other relevant vessel characteristic
715	or characteristics.
716	(7)  The decisions of the committee regarding rates are not
717	appealable to the board.
718	Section 6.  By October 31, 2010, the Governor shall appoint
719	to the Board of Pilot Commissioners: two members actively
720	involved in a professional or business capacity in the maritime
721	industry, marine shipping industry, or commercial passenger
722	cruise industry; one member who is a certified public accountant
723	with at least 5 years of experience in financial management; and
724	two members who are citizens of the state. Notwithstanding any
725	other provision of this act, the nonpilot members of the board
726	as of the effective date of this act shall continue to serve
727	until the Governor makes the appointments required in this
728	section. The terms of the pilot members of the board shall not
729	be affected by this section. Any pending matters before the
730	Pilotage Rate Review Board as of the effective date of this act
731	shall be transferred for further action to the Pilotage Rate
732	Review Committee.
733	Section 7.  Paragraph (c) of subsection (12) of section
734	315.03, Florida Statutes, is repealed.
735	Section 8.  Subsection (86) is added to section 316.003,
736	Florida Statutes, to read:
737	316.003  Definitions.-The following words and phrases, when
738	used in this chapter, shall have the meanings respectively
739	ascribed to them in this section, except where the context
740	otherwise requires:
741	(86)  MOTOR CARRIER TRANSPORTATION CONTRACT.-
742	(a)  A contract, agreement, or understanding covering:
743	1.  The transportation of property for compensation or hire
744	by the motor carrier;
745	2.  Entrance on property by the motor carrier for the
746	purpose of loading, unloading, or transporting property for
747	compensation or hire; or
748	3.  A service incidental to activity described in
749	subparagraph 1. or subparagraph 2., including, but not limited
750	to, storage of property.
751	(b)  "Motor carrier transportation contract" does not
752	include the Uniform Intermodal Interchange and Facilities Access
753	Agreement administered by the Intermodal Association of North
754	America or other agreements providing for the interchange, use,
755	or possession of intermodal chassis, containers, or other
756	intermodal equipment.
757	Section 9.  Paragraph (b) of subsection (2) and subsection
758	(4) of section 316.1001, Florida Statutes, are amended to read:
759	316.1001  Payment of toll on toll facilities required;
760	penalties.-
761	(2)
762	(b)  A citation issued under this subsection may be issued
763	by mailing the citation by first-class first class mail, or by
764	certified mail, return receipt requested, to the address of the
765	registered owner of the motor vehicle involved in the violation.
766	Receipt of Mailing the citation to this address constitutes
767	notification. In the case of joint ownership of a motor vehicle,
768	the traffic citation must be mailed to the first name appearing
769	on the registration, unless the first name appearing on the
770	registration is a business organization, in which case the
771	second name appearing on the registration may be used. A
772	citation issued under this paragraph must be mailed to the
773	registered owner of the motor vehicle involved in the violation
774	within 14 days after the date of issuance of the citation
775	violation. In addition to the citation, notification must be
776	sent to the registered owner of the motor vehicle involved in
777	the violation specifying remedies available under ss. 318.14(12)
778	and 318.18(7).
779	(4)  Any governmental entity, including, without
780	limitation, a clerk of court, may provide supply the department
781	with data that is machine readable by the department's computer
782	system, listing persons who have one or more outstanding
783	violations of this section, with reference to the person's
784	driver's license number or vehicle registration number in the
785	case of a business entity. Pursuant to s. 320.03(8), those
786	persons may not be issued a license plate or revalidation
787	sticker for any motor vehicle.
788	Section 10.  Paragraph (b) of subsection (1) of section
789	316.302, Florida Statutes, is amended, and subsection (12) is
790	added to that section, to read:
791	316.302  Commercial motor vehicles; safety regulations;
792	transporters and shippers of hazardous materials; enforcement.-
793	(1)
794	(b)  Except as otherwise provided in this section, all
795	owners or drivers of commercial motor vehicles that are engaged
796	in intrastate commerce are subject to the rules and regulations
797	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
798	exception of 49 C.F.R. s. 390.5 as it relates to the definition
799	of bus, as such rules and regulations existed on October 1, 2009
800	2007.
801	(12)(a)  Notwithstanding any provision of law to the
802	contrary, a provision, clause, covenant, or agreement contained
803	in, collateral to, or affecting a motor carrier transportation
804	contract that purports to indemnify, defend, or hold harmless,
805	or has the effect of indemnifying, defending, or holding
806	harmless, the promisee from or against any liability for loss or
807	damage resulting from the negligence or intentional acts or
808	omissions of the promisee is against the public policy of this
809	state and is void and unenforceable.
810	(b)  As used in this subsection, the term "promisee" means
811	the contract's promisee and any agents, employees, servants, or
812	independent contractors who are directly responsible to the
813	contract's promisee, except that the term does not include motor
814	carriers which are party to a motor carrier transportation
815	contract with the contract's promisee, including such motor
816	carrier's agents, employees, servants, or independent
817	contractors directly responsible to such motor carrier.
818	(c)  This subsection only applies to motor carrier
819	transportation contracts entered into or renewed on or after
820	July 1, 2010.
821	Section 11.  Paragraph (c) of subsection (8) of section
822	316.515, Florida Statutes, is amended to read:
823	316.515  Maximum width, height, length.-
824	(8)  WRECKERS.-The limitations imposed by this section do
825	not apply to a combination of motor vehicles consisting of a
826	wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
827	disabled motor vehicle, trailer, semitrailer, or tractor-trailer
828	combination, or a replacement motor vehicle, which is under tow
829	by the wrecker, if the size and weight of the towed vehicle is
830	consistent with statutory requirements and the requirements of
831	this subsection.
832	(c)  Where the combined weight of the wrecker and the towed
833	vehicle exceeds the maximum weight limits as established by s.
834	316.535, the wrecker must be operating under a current wrecker
835	special use permit or permits as provided in s. 316.550(5)(4) or
836	in accordance with paragraph (b).
837	Section 12.  Paragraphs (c) and (d) of subsection (3) of
838	section 316.545, Florida Statutes, are redesignated as
839	paragraphs (d) and (e), respectively, and a new paragraph (c) is
840	added to that subsection to read:
841	316.545  Weight and load unlawful; special fuel and motor
842	fuel tax enforcement; inspection; penalty; review.-
843	(3)  Any person who violates the overloading provisions of
844	this chapter shall be conclusively presumed to have damaged the
845	highways of this state by reason of such overloading, which
846	damage is hereby fixed as follows:
847	(c)  For a vehicle equipped with fully functional idle-
848	reduction technology, any penalty shall be calculated by
849	reducing the actual gross vehicle weight or the internal bridge
850	weight by the certified weight of the idle-reduction technology
851	or by 400 pounds, whichever is less. The vehicle operator must
852	present written certification of the weight of the idle-
853	reduction technology and must demonstrate or certify that the
854	idle-reduction technology is fully functional at all times. This
855	calculation is not allowed for vehicles described in s.
856	316.535(6);
857	Section 13.  Subsections (4) through (10) of section
858	316.550, Florida Statutes, are renumbered as subsections (5)
859	through (11), respectively, present subsection (7) is amended,
860	and a new subsection (4) is added to that section, to read:
861	316.550  Operations not in conformity with law; special
862	permits.-
863	(4)(a)  The Department of Transportation or local authority
864	may issue permits that authorize commercial vehicles having
865	weights not exceeding the limits of s. 316.535(5), plus the
866	scale tolerance provided in s. 316.545(2), to operate off the
867	interstate highway system on a designated route specified in the
868	permit. Such permits shall be issued within 14 days after
869	receipt of the request.
870	(b)  The designated route shall avoid any bridge which the
871	department determines cannot safely accommodate vehicles with a
872	gross vehicle weight authorized in paragraph (a).
873	(c)  Any vehicle or combination of vehicles which exceeds
874	the weight limits authorized in paragraph (a) shall be unloaded
875	and all material so unloaded shall be cared for by the owner or
876	operator.
877	(8)(7)  The Department of Transportation may impose fines
878	for the operation of a vehicle in violation of this section, as
879	provided in subsection (10) (9).
880	Section 14.  Subsection (7) of section 318.18, Florida
881	Statutes, is amended to read:
882	318.18  Amount of penalties.-The penalties required for a
883	noncriminal disposition pursuant to s. 318.14 or a criminal
884	offense listed in s. 318.17 are as follows:
885	(7)  Mandatory $100 fine for each violation of s. 316.1001
886	plus the amount of the unpaid toll shown on the traffic citation
887	for each citation issued. The clerk of the court shall forward
888	$25 of the $100 fine received, plus the amount of the unpaid
889	toll that is shown on the citation, to the governmental entity
890	that issued the citation for citations issued by toll
891	enforcement officers or to the entity administering the tolls at
892	the facility where the violation occurred for citations issued
893	by law enforcement officers. However, a person may elect to pay
894	$30 to the clerk of the court, plus the amount of the unpaid
895	toll that is shown on the citation, in which case adjudication
896	is withheld, and no points may be assessed under s. 322.27. Upon
897	receipt of the $30 and unpaid toll amount, the clerk of the
898	court shall retain $5 for administrative purposes and shall
899	forward the remaining $25, plus the amount of the unpaid toll
900	shown on the citation, to the governmental entity that issued
901	the citation for citations issued by toll enforcement officers
902	or to the entity administering the tolls at the facility where
903	the violation occurred for citations issued by law enforcement
904	officers. Additionally, adjudication shall be withheld and no
905	points shall be assessed under s. 322.27, except when
906	adjudication is imposed by the court after a hearing pursuant to
907	s. 318.14(5), or on whose behalf the citation was issued. If a
908	plea arrangement is reached prior to the date set for a
909	scheduled evidentiary hearing and, as a result of the plea,
910	adjudication is withheld, there shall be a mandatory fine
911	assessed per citation of not less than $50 and not more than
912	$100, plus the amount of the unpaid toll for each citation
913	issued. The clerk of the court shall forward $25 of the fine
914	imposed plus the amount of the unpaid toll that is shown on the
915	citation to the governmental entity that issued the citation for
916	citations issued by toll enforcement officers or to the entity
917	administering the tolls at the facility where the violation
918	occurred for citations issued by law enforcement officers or on
919	whose behalf the citation was issued. The court shall have
920	specific authority to consolidate issued citations for the same
921	defendant for the purpose of sentencing and aggregate
922	jurisdiction. In addition, the court may direct the department
923	to shall suspend for 60 days the driver's license of a person
924	who is convicted of 10 violations of s. 316.1001 within a 36-
925	month period. Any funds received by a governmental entity for
926	this violation may be used for any lawful purpose related to the
927	operation or maintenance of a toll facility.
928	Section 15.  Subsection (8) of section 320.03, Florida
929	Statutes, is amended to read:
930	320.03  Registration; duties of tax collectors;
931	International Registration Plan.-
932	(8)  If the applicant's name appears on the list referred
933	to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
934	license plate or revalidation sticker may not be issued until
935	that person's name no longer appears on the list or until the
936	person presents a receipt from the governmental entity or the
937	clerk of court that provided the data showing that the fines
938	outstanding have been paid. This subsection does not apply to
939	the owner of a leased vehicle if the vehicle is registered in
940	the name of the lessee of the vehicle. The tax collector and the
941	clerk of the court are each entitled to receive monthly, as
942	costs for implementing and administering this subsection, 10
943	percent of the civil penalties and fines recovered from such
944	persons. As used in this subsection, the term "civil penalties
945	and fines" does not include a wrecker operator's lien as
946	described in s. 713.78(13). If the tax collector has private tag
947	agents, such tag agents are entitled to receive a pro rata share
948	of the amount paid to the tax collector, based upon the
949	percentage of license plates and revalidation stickers issued by
950	the tag agent compared to the total issued within the county.
951	The authority of any private agent to issue license plates shall
952	be revoked, after notice and a hearing as provided in chapter
953	120, if he or she issues any license plate or revalidation
954	sticker contrary to the provisions of this subsection. This
955	section applies only to the annual renewal in the owner's birth
956	month of a motor vehicle registration and does not apply to the
957	transfer of a registration of a motor vehicle sold by a motor
958	vehicle dealer licensed under this chapter, except for the
959	transfer of registrations which is inclusive of the annual
960	renewals. This section does not affect the issuance of the title
961	to a motor vehicle, notwithstanding s. 319.23(7)(b).
962	Section 16.  Paragraph (e) of subsection (5) of section
963	320.08, Florida Statutes, is amended to read:
964	320.08  License taxes.-Except as otherwise provided herein,
965	there are hereby levied and imposed annual license taxes for the
966	operation of motor vehicles, mopeds, motorized bicycles as
967	defined in s. 316.003(2), and mobile homes, as defined in s.
968	320.01, which shall be paid to and collected by the department
969	or its agent upon the registration or renewal of registration of
970	the following:
971	(5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
972	SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
973	(d)  A wrecker, as defined in s. 320.01(40), which is used
974	to tow a vessel as defined in s. 327.02(39), a disabled,
975	abandoned, stolen-recovered, or impounded motor vehicle as
976	defined in s. 320.01(38), or a replacement motor vehicle as
977	defined in s. 320.01(39): $41 flat, of which $11 shall be
978	deposited into the General Revenue Fund.
979	(e)  A wrecker that is used to tow any nondisabled motor
980	vehicle, regardless of whether such motor vehicle is a disabled
981	motor vehicle, a replacement motor vehicle, a vessel, or any
982	other cargo unless used as defined in paragraph (d), as follows:
983	1.  Gross vehicle weight of 10,000 pounds or more, but less
984	than 15,000 pounds: $118 flat, of which $31 shall be deposited
985	into the General Revenue Fund.
986	2.  Gross vehicle weight of 15,000 pounds or more, but less
987	than 20,000 pounds: $177 flat, of which $46 shall be deposited
988	into the General Revenue Fund.
989	3.  Gross vehicle weight of 20,000 pounds or more, but less
990	than 26,000 pounds: $251 flat, of which $65 shall be deposited
991	into the General Revenue Fund.
992	4.  Gross vehicle weight of 26,000 pounds or more, but less
993	than 35,000 pounds: $324 flat, of which $84 shall be deposited
994	into the General Revenue Fund.
995	5.  Gross vehicle weight of 35,000 pounds or more, but less
996	than 44,000 pounds: $405 flat, of which $105 shall be deposited
997	into the General Revenue Fund.
998	6.  Gross vehicle weight of 44,000 pounds or more, but less
999	than 55,000 pounds: $772 flat, of which $200 shall be deposited
1000	into the General Revenue Fund.
1001	7.  Gross vehicle weight of 55,000 pounds or more, but less
1002	than 62,000 pounds: $915 flat, of which $237 shall be deposited
1003	into the General Revenue Fund.
1004	8.  Gross vehicle weight of 62,000 pounds or more, but less
1005	than 72,000 pounds: $1,080 flat, of which $280 shall be
1006	deposited into the General Revenue Fund.
1007	9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1008	flat, of which $343 shall be deposited into the General Revenue
1009	Fund.
1010	Section 17.  Paragraph (b) of subsection (32) of section
1011	320.08058, Florida Statutes, is amended to read:
1012	320.08058  Specialty license plates.-
1013	(32)  UNITED WE STAND LICENSE PLATES.-
1014	(b)  The department shall retain all revenues from the sale
1015	of such plates until all startup costs for developing and
1016	issuing the plates have been recovered. Thereafter, 100 percent
1017	of the annual use fee shall be distributed to the Department of
1018	Transportation to fund security-related aviation projects
1019	pursuant to chapter 332 SAFE Council to fund a grant program to
1020	enhance security at airports throughout the state, pursuant to
1021	s. 332.14.
1022	Section 18.  Paragraph (d) of subsection (3) of section
1023	322.27, Florida Statutes, is amended to read:
1024	322.27  Authority of department to suspend or revoke
1025	license.-
1026	(3)  There is established a point system for evaluation of
1027	convictions of violations of motor vehicle laws or ordinances,
1028	and violations of applicable provisions of s. 403.413(6)(b) when
1029	such violations involve the use of motor vehicles, for the
1030	determination of the continuing qualification of any person to
1031	operate a motor vehicle. The department is authorized to suspend
1032	the license of any person upon showing of its records or other
1033	good and sufficient evidence that the licensee has been
1034	convicted of violation of motor vehicle laws or ordinances, or
1035	applicable provisions of s. 403.413(6)(b), amounting to 12 or
1036	more points as determined by the point system. The suspension
1037	shall be for a period of not more than 1 year.
1038	(d)  The point system shall have as its basic element a
1039	graduated scale of points assigning relative values to
1040	convictions of the following violations:
1041	1.  Reckless driving, willful and wanton-4 points.
1042	2.  Leaving the scene of a crash resulting in property
1043	damage of more than $50-6 points.
1044	3.  Unlawful speed resulting in a crash-6 points.
1045	4.  Passing a stopped school bus-4 points.
1046	5.  Unlawful speed:
1047	a.  Not in excess of 15 miles per hour of lawful or posted
1048	speed-3 points.
1049	b.  In excess of 15 miles per hour of lawful or posted
1050	speed-4 points.
1051	6.  A violation of a traffic control signal device as
1052	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1053	7.  All other moving violations (including parking on a
1054	highway outside the limits of a municipality)-3 points. However,
1055	no points shall be imposed for a violation of s. 316.0741 or s.
1056	316.2065(12); and points shall be imposed for a violation of s.
1057	316.1001 only when imposed by the court after a hearing pursuant
1058	to s. 318.14(5).
1059	8.  Any moving violation covered above, excluding unlawful
1060	speed, resulting in a crash-4 points.
1061	9.  Any conviction under s. 403.413(6)(b)-3 points.
1062	10.  Any conviction under s. 316.0775(2)-4 points.
1063	Section 19.  Section 332.14, Florida Statutes, is repealed.
1064	Section 20.  All funds accrued by the Secure Airports for
1065	Florida's Economy Council prior to July 1, 2010, shall be
1066	retained by the Department of Transportation. The Department of
1067	Transportation is authorized to use these funds for statewide
1068	training purposes relating to airport security and management.
1069	The Department of Transportation is further authorized to use
1070	these funds for security-related aviation projects pursuant to
1071	chapter 332, Florida Statutes.
1072	Section 21.  Subsection (1) of section 337.14, Florida
1073	Statutes, is amended to read:
1074	337.14  Application for qualification; certificate of
1075	qualification; restrictions; request for hearing.-
1076	(1)  Any person desiring to bid for the performance of any
1077	construction contract in excess of $250,000 which the department
1078	proposes to let must first be certified by the department as
1079	qualified pursuant to this section and rules of the department.
1080	The rules of the department shall address the qualification of
1081	persons to bid on construction contracts in excess of $250,000
1082	and shall include requirements with respect to the equipment,
1083	past record, experience, financial resources, and organizational
1084	personnel of the applicant necessary to perform the specific
1085	class of work for which the person seeks certification. The
1086	department is authorized to limit the dollar amount of any
1087	contract upon which a person is qualified to bid or the
1088	aggregate total dollar volume of contracts such person is
1089	allowed to have under contract at any one time. Each applicant
1090	seeking qualification to bid on construction contracts in excess
1091	of $250,000 shall furnish the department a statement under oath,
1092	on such forms as the department may prescribe, setting forth
1093	detailed information as required on the application. Each
1094	application for certification shall be accompanied by the latest
1095	annual financial statement of the applicant completed within the
1096	last 12 months. If the application or the annual financial
1097	statement shows the financial condition of the applicant more
1098	than 4 months prior to the date on which the application is
1099	received by the department, then an interim financial statement
1100	must also be submitted and be accompanied by an updated
1101	application. The interim financial statement must cover the
1102	period from the end date of the annual statement and must show
1103	the financial condition of the applicant no more than 4 months
1104	prior to the date the interim financial statement on which the
1105	application is received by the department. Each required annual
1106	or interim financial statement must be audited and accompanied
1107	by the opinion of a certified public accountant or a public
1108	accountant approved by the department. The information required
1109	by this subsection is confidential and exempt from the
1110	provisions of s. 119.07(1). The department shall act upon the
1111	application for qualification within 30 days after the
1112	department determines that the application is complete. The
1113	department may waive the requirements of this subsection for
1114	projects having a contract price of $500,000 or less if the
1115	department determines that the project is of a noncritical
1116	nature and the waiver will not endanger public health, safety,
1117	or property.
1118	Section 22.  Subsection (1) of section 337.401, Florida
1119	Statutes, is amended to read:
1120	337.401  Use of right-of-way for utilities subject to
1121	regulation; permit; fees.-
1122	(1)(a)  The department and local governmental entities,
1123	referred to in ss. 337.401-337.404 as the "authority," that have
1124	jurisdiction and control of public roads or publicly owned rail
1125	corridors are authorized to prescribe and enforce reasonable
1126	rules or regulations with reference to the placing and
1127	maintaining along, across, or on any road or publicly owned rail
1128	corridors under their respective jurisdictions any electric
1129	transmission, telephone, telegraph, or other communications
1130	services lines; pole lines; poles; railways; ditches; sewers;
1131	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1132	pumps; or other structures referred to in this section as the
1133	"utility." For aerial and underground electric utility
1134	transmission lines designed to operate at 69 or more kilovolts
1135	that are needed to accommodate the additional electrical
1136	transfer capacity on the transmission grid resulting from new
1137	base-load generating facilities, where there is no other
1138	practicable alternative available for placement of the electric
1139	utility transmission lines on the department's rights-of-way,
1140	the department's rules shall provide for placement of and access
1141	to such transmission lines adjacent to and within the right-of-
1142	way of any department-controlled public roads, including
1143	longitudinally within limited access facilities to the greatest
1144	extent allowed by federal law, if compliance with the standards
1145	established by such rules is achieved. Such rules may include,
1146	but need not be limited to, that the use of the right-of-way is
1147	reasonable based upon a consideration of economic and
1148	environmental factors, including, without limitation, other
1149	practicable alternative alignments, utility corridors and
1150	easements, impacts on adjacent property owners, and minimum
1151	clear zones and other safety standards, and further provide that
1152	placement of the electric utility transmission lines within the
1153	department's right-of-way does not interfere with operational
1154	requirements of the transportation facility or planned or
1155	potential future expansion of such transportation facility. If
1156	the department approves longitudinal placement of electric
1157	utility transmission lines in limited access facilities,
1158	compensation for the use of the right-of-way is required. Such
1159	consideration or compensation paid by the electric utility in
1160	connection with the department's issuance of a permit does not
1161	create any property right in the department's property
1162	regardless of the amount of consideration paid or the
1163	improvements constructed on the property by the utility. Upon
1164	notice by the department that the property is needed for
1165	expansion or improvement of the transportation facility, the
1166	electric utility transmission line will relocate from the
1167	facility at the electric utility's sole expense. The electric
1168	utility shall pay to the department reasonable damages resulting
1169	from the utility's failure or refusal to timely relocate its
1170	transmission lines. The rules to be adopted by the department
1171	may also address the compensation methodology and relocation. As
1172	used in this subsection, the term "base-load generating
1173	facilities" means electric power plants that are certified under
1174	part II of chapter 403. The department may enter into a permit-
1175	delegation agreement with a governmental entity if issuance of a
1176	permit is based on requirements that the department finds will
1177	ensure the safety and integrity of facilities of the Department
1178	of Transportation; however, the permit-delegation agreement does
1179	not apply to facilities of electric utilities as defined in s.
1180	366.02(2).
1181	(b)  For aerial and underground electric utility
1182	transmission lines designed to operate at 69 or more kilovolts
1183	that are needed to accommodate the additional electrical
1184	transfer capacity on the transmission grid resulting from new
1185	base-load generating facilities, the department's rules shall
1186	provide for placement of and access to such transmission lines
1187	adjacent to and within the right-of-way of any department-
1188	controlled public roads, including longitudinally within limited
1189	access facilities where there is no other practicable
1190	alternative available, to the greatest extent allowed by federal
1191	law, if compliance with the standards established by such rules
1192	is achieved. Without limiting or conditioning the department's
1193	jurisdiction or authority described in paragraph (a), with
1194	respect to limited access right-of-way, such rules may include,
1195	but need not be limited to, that the use of the right-of-way for
1196	longitudinal placement of electric utility transmission lines is
1197	reasonable based upon a consideration of economic and
1198	environmental factors, including, without limitation, other
1199	practicable alternative alignments, utility corridors and
1200	easements, impacts on adjacent property owners, and minimum
1201	clear zones and other safety standards, and further provide that
1202	placement of the electric utility transmission lines within the
1203	department's right-of-way does not interfere with operational
1204	requirements of the transportation facility or planned or
1205	potential future expansion of such transportation facility. If
1206	the department approves longitudinal placement of electric
1207	utility transmission lines in limited access facilities,
1208	compensation for the use of the right-of-way is required. Such
1209	consideration or compensation paid by the electric utility in
1210	connection with the department's issuance of a permit does not
1211	create any property right in the department's property
1212	regardless of the amount of consideration paid or the
1213	improvements constructed on the property by the utility. Upon
1214	notice by the department that the property is needed for
1215	expansion or improvement of the transportation facility, the
1216	electric utility transmission line will be removed or relocated
1217	at the electric utility's sole expense. The electric utility
1218	shall pay to the department reasonable damages resulting from
1219	the utility's failure or refusal to timely remove or relocate
1220	its transmission lines. The rules to be adopted by the
1221	department may also address the compensation methodology and
1222	removal or relocation. As used in this subsection, the term
1223	"base-load generating facilities" means electric power plants
1224	that are certified under part II of chapter 403.
1225	Section 23.  Subsection (4) of section 337.406, Florida
1226	Statutes, is renumbered as subsection (5), and a new subsection
1227	(4) is added to that section to read:
1228	337.406  Unlawful use of state transportation facility
1229	right-of-way; penalties.-
1230	(4)  Camping is prohibited on any portion of the right-of-
1231	way of the State Highway System that is within 100 feet of a
1232	bridge, causeway, overpass, or ramp.
1233	Section 24.  Subsection (1) of section 338.155, Florida
1234	Statutes, is amended to read:
1235	338.155  Payment of toll on toll facilities required;
1236	exemptions.-
1237	(1)  No persons are permitted to use any toll facility
1238	without payment of tolls, except employees of the agency
1239	operating the toll project when using the toll facility on
1240	official state business, state military personnel while on
1241	official military business, handicapped persons as provided in
1242	this section, persons exempt from toll payment by the
1243	authorizing resolution for bonds issued to finance the facility,
1244	and persons exempt on a temporary basis where use of such toll
1245	facility is required as a detour route. Any law enforcement
1246	officer operating a marked official vehicle is exempt from toll
1247	payment when on official law enforcement business. Any person
1248	operating a fire vehicle when on official business or a rescue
1249	vehicle when on official business is exempt from toll payment.
1250	Any person participating in the funeral procession of a law
1251	enforcement officer or firefighter killed in the line of duty is
1252	exempt from toll payment. The secretary, or the secretary's
1253	designee, may suspend the payment of tolls on a toll facility
1254	when necessary to assist in emergency evacuation. The failure to
1255	pay a prescribed toll constitutes a noncriminal traffic
1256	infraction, punishable as a moving violation pursuant to s.
1257	318.18. The department is authorized to adopt rules relating to
1258	the payment, collection, and enforcement of tolls, as authorized
1259	in chapters 316, 318, 320, 322, and 338, including, but not
1260	limited to, rules for the implementation of video or other image
1261	billing and variable pricing guaranteed toll accounts.
1262	Section 25.  Subsection (7) is added to section 341.051,
1263	Florida Statutes, to read:
1264	341.051  Administration and financing of public transit and
1265	intercity bus service programs and projects.-
1266	(7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
1267	(a)  The Legislature recognizes the importance of
1268	encouraging the seamless use of local and regional public
1269	transportation systems by residents of and visitors to the state
1270	wherever possible. The paramount concern is to encourage the
1271	implementation of fare collection systems that are interoperable
1272	and compatible with multiple public transportation systems
1273	throughout the state.
1274	(b)  Notwithstanding any other provision of law to the
1275	contrary, in order to facilitate the ease of transfer from one
1276	public transportation system to another, any public transit
1277	system which connects directly with a new public rail system put
1278	into service after December 1, 2010, and which is adding a new
1279	fare media system or is upgrading its existing fare media system
1280	shall use a universally accepted contactless fare media that is
1281	compatible with the American Public Transportation Association's
1282	Contactless Fare Media System Standard or the applicable
1283	bankcard contactless media standards and allows users to
1284	purchase fares at a single point of sale with coin, cash, or
1285	credit card. This paragraph does not require the use of a
1286	universally accepted contactless fare media for the paratransit
1287	element of any transit system or by any public transit system
1288	that does not share one or more points of origin or destination
1289	with a public rail system.
1290
1291	For purposes of this section, the term "net operating costs"
1292	means all operating costs of a project less any federal funds,
1293	fares, or other sources of income to the project.
1294	Section 26.  Subsection (7) of section 341.3025, Florida
1295	Statutes, is renumbered as subsection (8), and a new subsection
1296	(7) is added to that section to read:
1297	341.3025  Multicounty public rail system fares and
1298	enforcement.-
1299	(7)(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 new public rail
1309	system that is constructed after December 1, 2010, by the state,
1310	an agency of the state, a regional transportation authority, or
1311	one or more counties or municipalities shall use a universally
1312	accepted contactless fare media that is compatible with the
1313	American Public Transportation Association's Contactless Fare
1314	Media System Standard or the applicable bankcard contactless
1315	media standards and allows users to purchase fares at a single
1316	point of sale with coin, cash, or credit card. Additionally, any
1317	existing public rail system that is adding a new fare media
1318	system or is upgrading its existing fare media system shall use
1319	a universally accepted contactless fare media that is compatible
1320	with the American Public Transportation Association's
1321	Contactless Fare Media System Standard or the applicable
1322	bankcard contactless media standards and allows users to
1323	purchase fares at a single point of sale with coin, cash, or
1324	credit card.
1325	Section 27.  Paragraph (q) is added to subsection (2) of
1326	section 343.64, Florida Statutes, to read:
1327	343.64  Powers and duties.-
1328	(2)  The authority may exercise all powers necessary,
1329	appurtenant, convenient, or incidental to the carrying out of
1330	the aforesaid purposes, including, but not limited to, the
1331	following rights and powers:
1332	(q)  Notwithstanding s. 343.65, to borrow money in a
1333	principal amount not to exceed $10 million in any calendar year
1334	to refinance all or part of the costs or obligations of the
1335	authority, including, but not limited to, obligations of the
1336	authority as a lessee under a lease.
1337	Section 28.  Subsection (3) of section 348.51, Florida
1338	Statutes, is amended to read:
1339	348.51  Definitions.-The following terms whenever used or
1340	referred to in this part shall have the following meanings,
1341	except in those instances where the context clearly indicates
1342	otherwise:
1343	(3)  "Bonds" means and includes the notes, bonds, refunding
1344	bonds, or other evidences of indebtedness or obligations, in
1345	either temporary or definitive form, which of the authority is
1346	authorized to issue issued pursuant to this part.
1347	Section 29.  Section 348.545, Florida Statutes, is amended
1348	to read:
1349	348.545  Facility improvement; bond financing authority.-
1350	Pursuant to s. 11(f), Art. VII of the State Constitution, the
1351	Legislature hereby approves for bond financing by the Tampa-
1352	Hillsborough County Expressway Authority improvements to toll
1353	collection facilities, interchanges to the legislatively
1354	approved expressway system, and any other facility appurtenant,
1355	necessary, or incidental to the approved system. Subject to
1356	terms and conditions of applicable revenue bond resolutions and
1357	covenants, such costs financing may be financed in whole or in
1358	part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1359	whether currently issued or issued in the future, or by a
1360	combination of such bonds.
1361	Section 30.  Subsections (1) and (2) of section 348.56,
1362	Florida Statutes, are amended to read:
1363	348.56  Bonds of the authority.-
1364	(1)(a)  Bonds may be issued on behalf of the authority
1365	pursuant to the State Bond Act.
1366	(b)  Alternatively, the authority shall have the power and
1367	is hereby authorized from time to time to issue bonds in such
1368	principal amount as, in the opinion of the authority, shall be
1369	necessary to provide sufficient moneys for achieving its
1370	corporate purposes, including construction, reconstruction,
1371	improvement, extension, repair, maintenance and operation of the
1372	expressway system, the cost of acquisition of all real property,
1373	interest on bonds during construction and for a reasonable
1374	period thereafter, establishment of reserves to secure bonds,
1375	and all other expenditures of the authority incident to and
1376	necessary or convenient to carry out its corporate purposes and
1377	powers.
1378	(2)(a)  Bonds issued by the authority pursuant to paragraph
1379	(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1380	the members of the authority and shall bear such date or dates,
1381	mature at such time or times, not exceeding 40 years from their
1382	respective dates, bear interest at such rate or rates, not
1383	exceeding the maximum rate fixed by general law for authorities,
1384	be in such denominations, be in such form, either coupon or
1385	fully registered, carry such registration, exchangeability and
1386	interchangeability privileges, be payable in such medium of
1387	payment and at such place or places, be subject to such terms of
1388	redemption and be entitled to such priorities of lien on the
1389	revenues, other available moneys, and the Hillsborough County
1390	gasoline tax funds as such resolution or any resolution
1391	subsequent thereto may provide. The bonds shall be executed
1392	either by manual or facsimile signature by such officers as the
1393	authority shall determine, provided that such bonds shall bear
1394	at least one signature which is manually executed thereon. The
1395	coupons attached to such bonds shall bear the facsimile
1396	signature or signatures of such officer or officers as shall be
1397	designated by the authority. Such bonds shall have the seal of
1398	the authority affixed, imprinted, reproduced, or lithographed
1399	thereon.
1400	(b)  The bonds issued pursuant to paragraph (1)(a) or
1401	paragraph (1)(b) shall be sold at public sale in the same manner
1402	provided in the State Bond Act, and the net interest cost to the
1403	authority on such bonds shall not exceed the maximum rate fixed
1404	by general law for authorities. If all bids received on the
1405	public sale are rejected, the authority may then proceed to
1406	negotiate for the sale of the bonds at a net interest cost which
1407	shall be less than the lowest net interest cost stated in the
1408	bids rejected at the public sale. However, if the authority
1409	determines, by official action at a public meeting, that a
1410	negotiated sale of such bonds is in the best interest of the
1411	authority, the authority may negotiate the sale of such bonds
1412	with the underwriter or underwriters designated by the authority
1413	and the Division of Bond Finance within the State Board of
1414	Administration with respect to bonds issued pursuant to
1415	paragraph (1)(a) or solely by the authority with respect to
1416	bonds issued pursuant to paragraph (1)(b). The authority's
1417	determination to negotiate the sale of such bonds may be based,
1418	in part, upon the written advice of the authority's financial
1419	adviser. Pending the preparation of definitive bonds, temporary
1420	bonds or interim certificates may be issued to the purchaser or
1421	purchasers of such bonds and may contain such terms and
1422	conditions as the authority may determine.
1423	Section 31.  Section 348.565, Florida Statutes, is amended
1424	to read:
1425	348.565  Revenue bonds for specified projects.-The existing
1426	facilities that constitute the Tampa-Hillsborough County
1427	Expressway System are hereby approved to be refinanced by the
1428	issuance of revenue bonds issued by the Division of Bond Finance
1429	of the State Board of Administration pursuant to s. 11(f), Art.
1430	VII of the State Constitution and the State Bond Act or by
1431	revenue bonds issued by the authority pursuant to s.
1432	348.56(1)(b). In addition, the following projects of the Tampa-
1433	Hillsborough County Expressway Authority are approved to be
1434	financed or refinanced by the issuance of revenue bonds in
1435	accordance with this part and pursuant to s. 11(f), Art. VII of
1436	the State Constitution:
1437	(1)  Brandon area feeder roads.
1438	(2)  Capital improvements to the expressway system,
1439	including safety and operational improvements and toll
1440	collection equipment.
1441	(3)  Lee Roy Selmon Crosstown Expressway System widening.
1442	(4)  The connector highway linking the Lee Roy Selmon
1443	Crosstown Expressway to Interstate 4.
1444	Section 32.  Subsection (1) of section 348.57, Florida
1445	Statutes, is amended to read:
1446	348.57  Refunding bonds.-
1447	(1)  Subject to public notice as provided in s. 348.54, the
1448	authority is authorized to provide by resolution for the
1449	issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1450	for the purpose of refunding any bonds then outstanding
1451	regardless of whether the bonds being refunded were issued by
1452	the authority pursuant to this chapter or on behalf of the
1453	authority pursuant to the State Bond Act. The authority is
1454	further authorized to provide by resolution for the issuance of
1455	bonds for the combined purpose of:
1456	(a)  Paying the cost of constructing, reconstructing,
1457	improving, extending, repairing, maintaining and operating the
1458	expressway system.
1459	(b)  Refunding bonds then outstanding. The authorization,
1460	sale and issuance of such obligations, the maturities and other
1461	details thereof, the rights and remedies of the holders thereof,
1462	and the rights, powers, privileges, duties and obligations of
1463	the authority with respect to the same shall be governed by the
1464	foregoing provisions of this part insofar as the same may be
1465	applicable.
1466	Section 33.  Section 348.70, Florida Statutes, is amended
1467	to read:
1468	348.70  This part complete and additional authority.-
1469	(1)  The powers conferred by this part shall be in addition
1470	and supplemental to the existing respective powers of the
1471	authority, the department, the county, and the city, if any, and
1472	this part shall not be construed as repealing any of the
1473	provisions of any other law, general, special, or local, but
1474	shall be deemed to supersede such other law or laws in the
1475	exercise of the powers provided in this part insofar as such
1476	other law or laws are inconsistent with the provisions of this
1477	part and to provide a complete method for the exercise of the
1478	powers granted herein. The construction, reconstruction,
1479	improvement, extension, repair, maintenance, and operation of
1480	the expressway system, and the issuance of bonds hereunder to
1481	finance all or part of the cost thereof, may be accomplished
1482	upon compliance with the provisions of this part without regard
1483	to or necessity for compliance with the provisions, limitations,
1484	or restrictions contained in any other general, special, or
1485	local law, including, but not limited to, s. 215.821, and no
1486	approval of any bonds issued under this part by the qualified
1487	electors or qualified electors who are freeholders in the state
1488	or in the county or in the city or in any other political
1489	subdivision of the state shall be required for the issuance of
1490	such bonds.
1491	(2)  This part does not repeal, rescind, or modify any
1492	other law or laws relating to the State Board of Administration,
1493	the Department of Transportation, or the Division of Bond
1494	Finance of the State Board of Administration, but shall
1495	supersede such other law or laws as are inconsistent with the
1496	provisions of this part, including, but not limited to, s.
1497	215.821.
1498	Section 34.  Part XI of chapter 348, Florida Statutes,
1499	consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1500	348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1501	348.9960, and 348.9961, is created to read:
1502	348.9950  Short title.-This part may be cited as the
1503	"Osceola County Expressway Authority Law."
1504	348.9951  Definitions.-Terms used in this part, except
1505	where the context clearly indicates otherwise, shall have the
1506	same meanings as those defined in the Florida Expressway
1507	Authority Act.
1508	348.9952  Osceola County Expressway Authority.-
1509	(1)  There is created a body politic and corporate, an
1510	agency of the state, to be known as the Osceola County
1511	Expressway Authority.
1512	(2)(a)  The governing body of the authority shall consist
1513	of six members. Five members, at least one of whom must be a
1514	member of a racial or ethnic minority group, must be residents
1515	of Osceola County, three of whom shall be appointed by the
1516	governing body of the county and two of whom shall be appointed
1517	by the Governor. The sixth member shall be the district
1518	secretary of the department serving in the district that
1519	includes Osceola County, who shall serve as an ex officio,
1520	nonvoting member. The term of each appointed member shall be for
1521	4 years, except that the first term of the initial members
1522	appointed by the Governor shall be 2 years each. Each appointed
1523	member shall hold office until his or her successor has been
1524	appointed and has qualified. A vacancy occurring during a term
1525	shall be filled only for the balance of the unexpired term. Each
1526	appointed member of the authority shall be a person of
1527	outstanding reputation for integrity, responsibility, and
1528	business ability, but a person who is an officer or employee of
1529	any municipality or of Osceola County in any other capacity may
1530	not be an appointed member of the authority. A member of the
1531	authority is eligible for reappointment.
1532	(b)  Members of the authority may be removed from office by
1533	the Governor for misconduct, malfeasance, or nonfeasance in
1534	office.
1535	(3)(a)  The authority shall elect one of its members as
1536	chair. The authority shall also elect a secretary and a
1537	treasurer, who may be members of the authority. The chair,
1538	secretary, and treasurer shall hold such offices at the will of
1539	the authority.
1540	(b)  Three members of the authority constitute a quorum,
1541	and the vote of three members is necessary for any action taken
1542	by the authority. A vacancy in the authority does not impair the
1543	right of a quorum of the authority to exercise all of the rights
1544	and perform all of the duties of the authority.
1545	(4)(a)  The authority may employ an executive secretary, an
1546	executive director, its own counsel and legal staff, technical
1547	experts, engineers, and other employees, permanent or temporary,
1548	as it may require, and may determine the qualifications and fix
1549	the compensation of such persons, firms, or corporations.
1550	Additionally, the authority may employ a fiscal agent or agents.
1551	However, the authority shall solicit sealed proposals from at
1552	least three persons, firms, or corporations for the performance
1553	of any services as fiscal agents. The authority may delegate to
1554	one or more of its agents or employees such of its power as it
1555	deems necessary to carry out the purposes of this part, subject
1556	always to the supervision and control of the authority.
1557	(b)  Members of the authority are entitled to receive from
1558	the authority their travel and other necessary expenses incurred
1559	in connection with the business of the authority as provided in
1560	s. 112.061, but members shall not draw salaries or other
1561	compensation.
1562	(c)  The department is not required to grant funds for
1563	startup costs to the authority. However, the governing body of
1564	the county may provide funds for such startup costs.
1565	(d)  The authority shall cooperate with and participate in
1566	any efforts to establish a regional expressway authority.
1567	(e)  Notwithstanding any other provision of law, including
1568	s. 339.175(3), the authority is not entitled to voting
1569	membership in a metropolitan planning organization in which
1570	Osceola County, or any of the municipalities therein, are also
1571	voting members.
1572	348.9953  Purposes and powers.-The purposes and powers of
1573	the authority shall be the same as those identified in the
1574	Florida Expressway Authority Act. In implementing this act, the
1575	authority shall institute procedures to encourage the awarding
1576	of contracts for professional services and construction to
1577	certified minority business enterprises as defined in s.
1578	288.703. The authority shall develop and implement activities to
1579	encourage the participation of certified minority business
1580	enterprises in the contracting process.
1581	348.9954  Bonds.-Bonds may be issued on behalf of the
1582	authority as provided by the State Bond Act and subject to the
1583	provisions of the Florida Expressway Authority Act.
1584	348.9955  Lease-purchase agreement.-The authority may enter
1585	into lease-purchase agreements with the department as provided
1586	in the Florida Expressway Authority Act.
1587	348.9956  Department may be appointed agent of authority
1588	for construction.-The authority may appoint the department as
1589	its agent as provided in the Florida Expressway Authority Act.
1590	348.9957  Acquisition of lands and property.-The authority
1591	may acquire such rights, title, or interest in private or public
1592	property and such property rights, including easements, rights
1593	of access, air, view, and light by gift, devise, purchase, or
1594	condemnation by eminent domain proceedings, as the authority may
1595	deem necessary for the purposes of this part and subject to the
1596	provisions of the Florida Expressway Authority Act.
1597	348.9958  Cooperation with other units, boards, agencies,
1598	and individuals.-Any county, municipality, drainage district,
1599	road and bridge district, school district, or other political
1600	subdivision, board, commission, or individual in or of the state
1601	may make and enter into any contract, lease, conveyance,
1602	partnership, or other agreement with the authority within the
1603	provisions and for purposes of this part. The authority may make
1604	and enter into any contract, lease, conveyance, partnership, or
1605	other agreement with any political subdivision, agency, or
1606	instrumentality of the state or any federal agency, corporation,
1607	or individual for the purpose of carrying out the provisions of
1608	this part.
1609	348.9959  Legislative intent; covenant of the state.-It is
1610	the intent of the Legislature that the state pledge to and agree
1611	with any person, firm, corporation, or federal or state agency
1612	subscribing to or acquiring the bonds to be issued by the
1613	authority for the purposes of this part that the state will not
1614	limit or alter the rights hereby vested in the authority and the
1615	department until all bonds at any time issued together with the
1616	interest thereon are fully paid and discharged insofar as the
1617	same affects the rights of the holders of bonds issued
1618	hereunder. It is also the intent of the Legislature that the
1619	state further pledge to and agree with the United States that in
1620	the event any federal agency shall construct or contribute any
1621	funds for the completion, extension, or improvement of the
1622	Osceola County Expressway System, or any part or portion
1623	thereof, the state will not alter or limit the rights and powers
1624	of the authority and the department in any manner that would be
1625	inconsistent with the continued maintenance and operation of the
1626	Osceola County Expressway System, or the completion, extension,
1627	or improvement thereof, or that would be inconsistent with the
1628	due performance of any agreements between the authority and any
1629	such federal agency. The authority and the department shall
1630	continue to have and may exercise all powers herein granted so
1631	long as the same shall be necessary or desirable for the
1632	carrying out of the purposes of this part and the purposes of
1633	the United States in the completion, extension, or improvement
1634	of the Osceola County Expressway System or any part or portion
1635	thereof.
1636	348.9960  Exemption from taxation.-As provided under and
1637	limited by the Florida Expressway Authority Act, the Osceola
1638	County Expressway authority is not required to pay taxes or
1639	assessments of any kind or nature whatsoever upon any property
1640	acquired by it or used by it for such purpose or upon revenues
1641	at any time received by it.
1642	348.9961  Automatic dissolution.-If, before January 1,
1643	2020, the authority has not encumbered any funds to further its
1644	purposes and powers as authorized in s. 348.9953 to establish
1645	the system, the Osceola County Expressway Authority is
1646	dissolved.
1647	Section 35.  Subsection (6) of section 369.317, Florida
1648	Statutes, is amended to read:
1649	369.317  Wekiva Parkway.-
1650	(6)  The Orlando-Orange County Expressway Authority is
1651	hereby granted the authority to act as a third-party acquisition
1652	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1653	or chapter 373 on behalf of the governing board of the St. Johns
1654	River Water Management District, for the acquisition of all
1655	necessary lands, property and all interests in property
1656	identified herein, including fee simple or less-than-fee simple
1657	interests. The lands subject to this authority are identified in
1658	paragraph 10.a., State of Florida, Office of the Governor,
1659	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1660	of the Wekiva Basin Area Task Force created by Executive Order
1661	2002-259, such lands otherwise known as Neighborhood Lakes, a
1662	1,587+/-acre parcel located in Orange and Lake Counties within
1663	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1664	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1665	Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1666	County within Section 37, Township 19 South, Range 28 East; New
1667	Garden Coal; a 1,605+/-acre parcel in Lake County within
1668	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1669	East; Pine Plantation, a 617+/-acre tract consisting of eight
1670	individual parcels within the Apopka City limits. The Department
1671	of Transportation, the Department of Environmental Protection,
1672	the St. Johns River Water Management District, and other land
1673	acquisition entities shall participate and cooperate in
1674	providing information and support to the third-party acquisition
1675	agent. The land acquisition process authorized by this paragraph
1676	shall begin no later than December 31, 2004. Acquisition of the
1677	properties identified as Neighborhood Lakes, Pine Plantation,
1678	and New Garden Coal, or approval as a mitigation bank shall be
1679	concluded no later than December 31, 2010. Department of
1680	Transportation and Orlando-Orange County Expressway Authority
1681	funds expended to purchase an interest in those lands identified
1682	in this subsection shall be eligible as environmental mitigation
1683	for road construction related impacts in the Wekiva Study Area.
1684	If any of the lands identified in this subsection are used as
1685	environmental mitigation for road-construction-related impacts
1686	incurred by the Department of Transportation or Orlando-Orange
1687	County Expressway Authority, or for other impacts incurred by
1688	other entities, within the Wekiva Study Area or within the
1689	Wekiva parkway alignment corridor and, if the mitigation offsets
1690	these impacts, the St. Johns River Water Management District and
1691	the Department of Environmental Protection shall consider the
1692	activity regulated under part IV of chapter 373 to meet the
1693	cumulative impact requirements of s. 373.414(8)(a).
1694	Section 36.  Subsections (2) and (5) and paragraph (b) of
1695	subsection (9) of section 373.41492, Florida Statutes, are
1696	amended to read:
1697	373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1698	mitigation for mining activities within the Miami-Dade County
1699	Lake Belt.-
1700	(2)  To provide for the mitigation of wetland resources
1701	lost to mining activities within the Miami-Dade County Lake Belt
1702	Plan, effective October 1, 1999, a mitigation fee is imposed on
1703	each ton of limerock and sand extracted by any person who
1704	engages in the business of extracting limerock or sand from
1705	within the Miami-Dade County Lake Belt Area and the east one-
1706	half of sections 24 and 25 and all of sections 35 and 36,
1707	Township 53 South, Range 39 East. The mitigation fee is imposed
1708	for each ton of limerock and sand sold from within the
1709	properties where the fee applies in raw, processed, or
1710	manufactured form, including, but not limited to, sized
1711	aggregate, asphalt, cement, concrete, and other limerock and
1712	concrete products. The mitigation fee imposed by this subsection
1713	for each ton of limerock and sand sold shall be 12 cents per ton
1714	beginning January 1, 2007; 18 cents per ton beginning January 1,
1715	2008; and 24 cents per ton beginning January 1, 2009; and 45
1716	cents per ton beginning January 1, 2011. To upgrade a water
1717	treatment plant that treats water coming from the Northwest
1718	Wellfield in Miami-Dade County, a water treatment plant upgrade
1719	fee is imposed within the same Lake Belt Area subject to the
1720	mitigation fee and upon the same kind of mined limerock and sand
1721	subject to the mitigation fee. The water treatment plant upgrade
1722	fee imposed by this subsection for each ton of limerock and sand
1723	sold shall be 15 cents per ton beginning on January 1, 2007, and
1724	the collection of this fee shall cease once the total amount of
1725	proceeds collected for this fee reaches the amount of the actual
1726	moneys necessary to design and construct the water treatment
1727	plant upgrade, as determined in an open, public solicitation
1728	process. Any limerock or sand that is used within the mine from
1729	which the limerock or sand is extracted is exempt from the fees.
1730	The amount of the mitigation fee and the water treatment plant
1731	upgrade fee imposed under this section must be stated separately
1732	on the invoice provided to the purchaser of the limerock or sand
1733	product from the limerock or sand miner, or its subsidiary or
1734	affiliate, for which the fee or fees apply. The limerock or sand
1735	miner, or its subsidiary or affiliate, who sells the limerock or
1736	sand product shall collect the mitigation fee and the water
1737	treatment plant upgrade fee and forward the proceeds of the fees
1738	to the Department of Revenue on or before the 20th day of the
1739	month following the calendar month in which the sale occurs.
1740	(5)  Each January 1, beginning January 1, 2010, through
1741	December 31, 2011 and each January 1 thereafter, the per-ton
1742	mitigation fee shall be increased by 2.1 percentage points, plus
1743	a cost growth index. The cost growth index shall be the
1744	percentage change in the weighted average of the Employment Cost
1745	Index for All Civilian Workers (ecu 10001I), issued by the
1746	United States Department of Labor for the most recent 12-month
1747	period ending on September 30, and the percentage change in the
1748	Producer Price Index for All Commodities (WPU 00000000), issued
1749	by the United States Department of Labor for the most recent 12-
1750	month period ending on September 30, compared to the weighted
1751	average of these indices for the previous year. The weighted
1752	average shall be calculated as 0.6 times the percentage change
1753	in the Employment Cost Index for All Civilian Workers (ecu
1754	10001I), plus 0.4 times the percentage change in the Producer
1755	Price Index for All Commodities (WPU 00000000). If either index
1756	is discontinued, it shall be replaced by its successor index, as
1757	identified by the United States Department of Labor.
1758	(9)
1759	(b)  No sooner than January 31, 2010, and no more
1760	frequently than every 2 5 years thereafter, the interagency
1761	committee shall submit to the Legislature a report recommending
1762	any needed adjustments to the mitigation fee, including the
1763	annual escalator provided for in subsection (5), to ensure that
1764	the revenue generated reflects the actual costs of the
1765	mitigation.
1766	Section 37.  Subsection (1) of section 403.4131, Florida
1767	Statutes, is amended to read:
1768	403.4131  Litter control.-
1769	(1)  The Department of Transportation shall establish an
1770	"adopt-a-highway" program to allow local organizations to be
1771	identified with specific highway cleanup and highway
1772	beautification projects authorized under s. 339.2405. The
1773	department shall report to the Governor and the Legislature on
1774	the progress achieved and the savings incurred by the "adopt-a-
1775	highway" program. The department shall also monitor and report
1776	on compliance with the provisions of the adopt-a-highway program
1777	to ensure that organizations participating that participate in
1778	the program comply with the goals identified by the department.
1779	Section 38.  Section 479.01, Florida Statutes, is amended
1780	to read:
1781	479.01  Definitions.-As used in this chapter, the term:
1782	(1)  "Allowable uses" means those uses that are authorized
1783	within a zoning category without the requirement to obtain a
1784	variance or waiver. The term includes conditional uses and those
1785	allowed by special exception, but does not include uses that are
1786	accessory, incidental to the allowable uses, or allowed only on
1787	a temporary basis.
1788	(2)(1)  "Automatic changeable facing" means a facing that
1789	is capable of delivering two or more advertising messages
1790	through an automated or remotely controlled process.
1791	(3)(2)  "Business of outdoor advertising" means the
1792	business of constructing, erecting, operating, using,
1793	maintaining, leasing, or selling outdoor advertising structures,
1794	outdoor advertising signs, or outdoor advertisements.
1795	(4)(3)  "Commercial or industrial zone" means a parcel of
1796	land designated for commercial or industrial uses use under both
1797	the future land use map of the comprehensive plan and the land
1798	use development regulations adopted pursuant to chapter 163. If
1799	a parcel is located in an area designated for multiple uses on
1800	the future land use map of a comprehensive plan and the zoning
1801	category of the land development regulations does do not clearly
1802	designate that parcel for a specific use, the area will be
1803	considered an unzoned commercial or industrial area if it meets
1804	the criteria of subsection (26) (23).
1805	(5)  "Commercial use" means activities associated with the
1806	sale, rental, or distribution of products or the performance of
1807	services. The term includes, without limitation, such uses or
1808	activities as retail sales; wholesale sales; rentals of
1809	equipment, goods, or products; offices; restaurants; food
1810	service vendors; sports arenas; theaters; and tourist
1811	attractions.
1812	(6)(4)  "Controlled area" means shall mean 660 feet or less
1813	from the nearest edge of the right-of-way of any portion of the
1814	State Highway System, interstate, or federal-aid primary system
1815	and beyond 660 feet of the nearest edge of the right-of-way of
1816	any portion of the State Highway System, interstate, or federal-
1817	aid primary system outside an urban area.
1818	(7)(5)  "Department" means the Department of
1819	Transportation.
1820	(8)(6)  "Erect" means to construct, build, raise, assemble,
1821	place, affix, attach, create, paint, draw, or in any other way
1822	bring into being or establish; but it does not include any of
1823	the foregoing activities when performed as an incident to the
1824	change of advertising message or customary maintenance or repair
1825	of a sign.
1826	(9)(7)  "Federal-aid primary highway system" means the
1827	existing, unbuilt, or unopened system of highways or portions
1828	thereof, which shall include the National Highway System,
1829	designated as the federal-aid primary highway system by the
1830	department.
1831	(10)(8)  "Highway" means any road, street, or other way
1832	open or intended to be opened to the public for travel by motor
1833	vehicles.
1834	(11)  "Industrial use" means activities associated with the
1835	manufacture, assembly, processing, or storage of products or the
1836	performance of services relating thereto. The term includes,
1837	without limitation, such uses or activities as automobile
1838	manufacturing or repair, boat manufacturing or repair, junk
1839	yards, meat packing facilities, citrus processing and packing
1840	facilities, produce processing and packing facilities,
1841	electrical generating plants, water treatment plants, sewage
1842	treatment plants, and solid waste disposal sites.
1843	(12)(9)  "Interstate highway system" means the existing,
1844	unbuilt, or unopened system of highways or portions thereof
1845	designated as the national system of interstate and defense
1846	highways by the department.
1847	(13)(10)  "Main-traveled way" means the traveled way of a
1848	highway on which through traffic is carried. In the case of a
1849	divided highway, the traveled way of each of the separate
1850	roadways for traffic in opposite directions is a main-traveled
1851	way. It does not include such facilities as frontage roads,
1852	turning roadways which specifically include on-ramps or off-
1853	ramps to the interstate highway system, or parking areas.
1854	(14)(11)  "Maintain" means to allow to exist.
1855	(15)(12)  "Motorist services directional signs" means signs
1856	providing directional information about goods and services in
1857	the interest of the traveling public where such signs were
1858	lawfully erected and in existence on or before May 6, 1976, and
1859	continue to provide directional information to goods and
1860	services in a defined area.
1861	(16)(13)  "New highway" means the construction of any road,
1862	paved or unpaved, where no road previously existed or the act of
1863	paving any previously unpaved road.
1864	(17)(14)  "Nonconforming sign" means a sign which was
1865	lawfully erected but which does not comply with the land use,
1866	setback, size, spacing, and lighting provisions of state or
1867	local law, rule, regulation, or ordinance passed at a later date
1868	or a sign which was lawfully erected but which later fails to
1869	comply with state or local law, rule, regulation, or ordinance
1870	due to changed conditions.
1871	(18)(15)  "Premises" means all the land areas under
1872	ownership or lease arrangement to the sign owner which are
1873	contiguous to the business conducted on the land except for
1874	instances where such land is a narrow strip contiguous to the
1875	advertised activity or is connected by such narrow strip, the
1876	only viable use of such land is to erect or maintain an
1877	advertising sign. When the sign owner is a municipality or
1878	county, "premises" shall mean all lands owned or leased by such
1879	municipality or county within its jurisdictional boundaries as
1880	set forth by law.
1881	(19)(16)  "Remove" means to disassemble, transport from the
1882	site, and dispose of sign materials by sale or destruction.
1883	(20)(17)  "Sign" means any combination of structure and
1884	message in the form of an outdoor sign, display, device, figure,
1885	painting, drawing, message, placard, poster, billboard,
1886	advertising structure, advertisement, logo, symbol, or other
1887	form, whether placed individually or on a V-type, back-to-back,
1888	side-to-side, stacked, or double-faced display or automatic
1889	changeable facing, designed, intended, or used to advertise or
1890	inform, any part of the advertising message or informative
1891	contents of which is visible from any place on the main-traveled
1892	way. The term does not include an official traffic control sign,
1893	official marker, or specific information panel erected, caused
1894	to be erected, or approved by the department.
1895	(21)(18)  "Sign direction" means that direction from which
1896	the message or informative contents are most visible to oncoming
1897	traffic on the main-traveled way.
1898	(22)(19)  "Sign face" means the part of the sign, including
1899	trim and background, which contains the message or informative
1900	contents.
1901	(23)(20)  "Sign facing" includes all sign faces and
1902	automatic changeable faces displayed at the same location and
1903	facing the same direction.
1904	(24)(21)  "Sign structure" means all the interrelated parts
1905	and material, such as beams, poles, and stringers, which are
1906	constructed for the purpose of supporting or displaying a
1907	message or informative contents.
1908	(25)(22)  "State Highway System" means the existing,
1909	unbuilt, or unopened system of highways or portions thereof
1910	designated as the State Highway System by the department.
1911	(26)(23)  "Unzoned commercial or industrial area" means a
1912	parcel of land designated by the future land use map of the
1913	comprehensive plan for multiple uses that include commercial or
1914	industrial uses but are not specifically designated for
1915	commercial or industrial uses under the land development
1916	regulations, in which three or more separate and distinct
1917	conforming industrial or commercial activities are located.
1918	(a)  These activities must satisfy the following criteria:
1919	1.  At least one of the commercial or industrial activities
1920	must be located on the same side of the highway and within 800
1921	feet of the sign location;
1922	2.  The commercial or industrial activities must be within
1923	660 feet from the nearest edge of the right-of-way; and
1924	3.  The commercial industrial activities must be within
1925	1,600 feet of each other.
1926
1927	Distances specified in this paragraph must be measured from the
1928	nearest outer edge of the primary building or primary building
1929	complex when the individual units of the complex are connected
1930	by covered walkways.
1931	(b)  Certain activities, including, but not limited to, the
1932	following, may not be so recognized as commercial or industrial
1933	activities:
1934	1.  Signs.
1935	2.  Agricultural, forestry, ranching, grazing, farming, and
1936	related activities, including, but not limited to, wayside fresh
1937	produce stands.
1938	3.  Transient or temporary activities.
1939	4.  Activities not visible from the main-traveled way.
1940	5.  Activities conducted more than 660 feet from the
1941	nearest edge of the right-of-way.
1942	6.  Activities conducted in a building principally used as
1943	a residence.
1944	7.  Railroad tracks and minor sidings.
1945	8.  Communication towers.
1946	(27)(24)  "Urban area" has the same meaning as defined in
1947	s. 334.03(29)(32).
1948	(28)(25)  "Visible commercial or industrial activity" means
1949	a commercial or industrial activity that is capable of being
1950	seen without visual aid by a person of normal visual acuity from
1951	the main-traveled way and that is generally recognizable as
1952	commercial or industrial.
1953	(29)(26)  "Visible sign" means that the advertising message
1954	or informative contents of a sign, whether or not legible, is
1955	capable of being seen without visual aid by a person of normal
1956	visual acuity.
1957	(30)(27)  "Wall mural" means a sign that is a painting or
1958	an artistic work composed of photographs or arrangements of
1959	color and that displays a commercial or noncommercial message,
1960	relies solely on the side of the building for rigid structural
1961	support, and is painted on the building or depicted on vinyl,
1962	fabric, or other similarly flexible material that is held in
1963	place flush or flat against the surface of the building. The
1964	term excludes a painting or work placed on a structure that is
1965	erected for the sole or primary purpose of signage.
1966	(31)  "Zoning category" means the designation under the
1967	land development regulations or other similar ordinance enacted
1968	to regulate the use of land as provided in s. 163.3202(2)(b),
1969	which designation sets forth the allowable uses, restrictions,
1970	and limitations on use applicable to properties within the
1971	category.
1972	Section 39.  Paragraph (c) of subsection (9) of section
1973	479.07, Florida Statutes, is amended to read:
1974	479.07  Sign permits.-
1975	(9)
1976	(c)  Notwithstanding subparagraph (a)1., there is
1977	established a pilot program in Orange, Hillsborough, and Osceola
1978	Counties, and within the boundaries of the City of Miami, under
1979	which the distance between permitted signs on the same side of
1980	an interstate highway may be reduced to 1,000 feet if all other
1981	requirements of this chapter are met and if:
1982	1.  The local government has adopted a plan, program,
1983	resolution, ordinance, or other policy encouraging the voluntary
1984	removal of signs in a downtown, historic, redevelopment, infill,
1985	or other designated area which also provides for a new or
1986	replacement sign to be erected on an interstate highway within
1987	that jurisdiction if a sign in the designated area is removed;
1988	2.  The sign owner and the local government mutually agree
1989	to the terms of the removal and replacement; and
1990	3.  The local government notifies the department of its
1991	intention to allow such removal and replacement as agreed upon
1992	pursuant to subparagraph 2.
1993	4.  The new or replacement sign to be erected on an
1994	interstate highway within that jurisdiction is to be located on
1995	a parcel of land specifically designated for commercial or
1996	industrial use under both the future land use map of the
1997	comprehensive plan and the land use development regulations
1998	adopted pursuant to chapter 163 and such parcel shall not be
1999	subject to an evaluation in accordance with the criteria set
2000	forth in the s. 479.01(26) to determine if the parcel can be
2001	considered an unzoned commercial or industrial area.
2002
2003	The department shall maintain statistics tracking the use of the
2004	provisions of this pilot program based on the notifications
2005	received by the department from local governments under this
2006	paragraph.
2007	Section 40.  Subsections (1) and (5) of section 479.261,
2008	Florida Statutes, are amended to read:
2009	479.261  Logo sign program.-
2010	(1)  The department shall establish a logo sign program for
2011	the rights-of-way of the interstate highway system to provide
2012	information to motorists about available gas, food, lodging,
2013	camping, attractions, and other services, as approved by the
2014	Federal Highway Administration, at interchanges through the use
2015	of business logos and may include additional interchanges under
2016	the program.
2017	(a)  As used in this chapter, the term "attraction" means
2018	an establishment, site, facility, or landmark that is open a
2019	minimum of 5 days a week for 52 weeks a year; that has as its
2020	principal focus family-oriented entertainment, cultural,
2021	educational, recreational, scientific, or historical activities;
2022	and that is publicly recognized as a bona fide tourist
2023	attraction.
2024	(b)  The department shall incorporate the use of RV-
2025	friendly markers on specific information logo signs for
2026	establishments that cater to the needs of persons driving
2027	recreational vehicles. Establishments that qualify for
2028	participation in the specific information logo program and that
2029	also qualify as "RV-friendly" may request the RV-friendly marker
2030	on their specific information logo sign. An RV-friendly marker
2031	must consist of a design approved by the Federal Highway
2032	Administration. The department shall adopt rules in accordance
2033	with chapter 120 to administer this paragraph, including rules
2034	setting forth the minimum requirements that establishments must
2035	meet in order to qualify as RV-friendly. These requirements
2036	shall include large parking spaces, entrances, and exits that
2037	can easily accommodate recreational vehicles and facilities
2038	having appropriate overhead clearances, if applicable.
2039	(c)  The department may implement a 3-year, rotation-based
2040	logo program providing for the removal and addition of
2041	participating businesses in the program.
2042	(5)  At a minimum, permit fees for businesses that
2043	participate in the program must be established in an amount
2044	sufficient to offset the total cost to the department for the
2045	program, including contract costs. The department shall provide
2046	the services in the most efficient and cost-effective manner
2047	through department staff or by contracting for some or all of
2048	the services. The department shall adopt rules that set
2049	reasonable rates based upon factors such as population, traffic
2050	volume, market demand, and costs for annual permit fees.
2051	However, annual permit fees for sign locations inside an urban
2052	area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
2053	and annual permit fees for sign locations outside an urban area,
2054	as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
2055	recovering program costs, the proceeds from the annual permit
2056	fees shall be deposited into the State Transportation Trust Fund
2057	and used for transportation purposes.
2058	Section 41.  Sections 479.01, 479.015, 479.02, 479.03,
2059	479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2060	479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2061	479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2062	are designated as part I of chapter 479, Florida Statutes, and
2063	entitled "General Provisions."
2064	Section 42.  Sections 479.261, 479.262, 479.27, 479.28, and
2065	479.30, Florida Statutes, are designated as part II of chapter
2066	479, Florida Statutes, and entitled "Special Programs."
2067	Section 43.  Part III of chapter 479, Florida Statutes,
2068	consisting of sections 479.310, 479.311, 479.312, 479.313, and
2069	479.315, is created to read:
2070	PART III
2071	SIGN REMOVAL
2072	479.310  Unpermitted and illegal signs; intent.-It is the
2073	intent of this part to relieve the department from the financial
2074	burden incurred in the removal of unpermitted and illegal signs
2075	located within the right-of-way of and controlled areas adjacent
2076	to the State Highway System, interstate highway system, and
2077	federal-aid primary highway system; to place the financial
2078	responsibility for the cost of such removal directly upon those
2079	benefiting from the location and operation of such unpermitted
2080	and illegal signs; and to provide clear authority to the
2081	department for the recovery of cost incurred by the department
2082	in the removal of such unpermitted and illegal signs.
2083	479.311  Jurisdiction; venue.-The county court shall have
2084	jurisdiction concurrent with the circuit court to consider
2085	claims filed by the department in amounts which are within their
2086	jurisdictional limitations. For the purposes of a claim filed by
2087	the department to recover its cost as provided in this section,
2088	venue shall be Leon County.
2089	479.312  Unpermitted signs; cost of removal.-All costs
2090	incurred by the department in connection with the removal of a
2091	sign located within a controlled area adjacent to the State
2092	Highway System, interstate highway system, or federal-aid
2093	primary highway system which has not been issued a permit under
2094	part I shall be assessed against and collected from the owner of
2095	the sign, the advertiser displayed on the sign, or the owner of
2096	the property upon which the sign is located. For the purposes of
2097	this section, a sign that does not display the name of the sign
2098	owner shall be presumed to be owned by the owner of the property
2099	upon which the sign is located.
2100	479.313  Permit revocation; cost of removal.-All costs
2101	incurred by the department in connection with the removal of a
2102	sign located within a controlled area adjacent to the State
2103	Highway System, interstate highway system, or federal-aid
2104	primary highway system following the revocation of the permit
2105	for such sign shall be assessed against and collected from the
2106	permittee.
2107	479.315  Highway rights-of way; cost of sign removal.-All
2108	cost incurred by the department in connection with the removal
2109	of a sign located within the right-of-way of the State Highway
2110	System, interstate highway system, or federal-aid primary
2111	highway system shall be assessed against and collected from the
2112	owner of the sign or the advertiser displayed on the sign.
2113	Section 44.  Section 705.18, Florida Statutes, is amended
2114	to read:
2115	705.18  Disposal of personal property lost or abandoned on
2116	university or community college campuses or certain public-use
2117	airports; disposition of proceeds from sale thereof.-
2118	(1)  Whenever any lost or abandoned personal property shall
2119	be found on a campus of an institution in the State University
2120	System or a campus of a state-supported community college, or on
2121	premises owned or controlled by the operator of a public-use
2122	airport having regularly scheduled international passenger
2123	service, the president of the institution or the president's
2124	designee or the director of the airport or the director's
2125	designee shall take charge of the property thereof and make a
2126	record of the date such property was found. If, within 30 days
2127	after such property is found, or a longer period of time as may
2128	be deemed appropriate by the president or the director under the
2129	circumstances, the property it is not claimed by the owner, the
2130	president or director shall order it sold at public outcry after
2131	giving notice of the time and place of sale in a publication of
2132	general circulation on the campus of such institution or within
2133	the county where the airport is located and written notice to
2134	the owner if known. The rightful owner of such property may
2135	reclaim the same at any time prior to sale.
2136	(2)  All moneys realized from such institution's sale shall
2137	be placed in an appropriate fund and used solely for student
2138	scholarship and loan purposes. All moneys realized from such
2139	sale by an airport, less its costs of storage, transportation,
2140	and publication of notice, shall, unless another use is required
2141	by federal law, be deposited into the state school fund.
2142	Section 45.  Section 705.182, Florida Statutes, is created
2143	to read:
2144	705.182  Disposal of personal property found on the
2145	premises of public-use airports.-
2146	(1)  Whenever any personal property, other than an aircraft
2147	or motor vehicle, is found on premises owned or controlled by
2148	the operator of a public-use airport, the director of the
2149	airport or the director's designee shall take charge of the
2150	property and make a record of the date such property was found.
2151	(2)  If, within 30 calendar days after such property is
2152	found or for a longer period of time as may be deemed
2153	appropriate by the director or the director's designee under the
2154	circumstances, the property is not claimed by the owner, the
2155	director or the director's designee may:
2156	(a)  Retain any or all of the property for use by the
2157	airport or for use by the state or the unit of local government
2158	owning or operating the airport;
2159	(b)  Trade such property to another unit of local
2160	government or a state agency;
2161	(c)  Donate the property to a charitable organization;
2162	(d)  Sell the property; or
2163	(e)  Dispose of the property through an appropriate refuse
2164	removal company or a company that provides salvage services for
2165	the type of personal property found or located on the airport
2166	premises.
2167	(3)  The airport shall notify the owner, if known, of the
2168	property found on the airport premises and that the airport
2169	intends to dispose of the property as provided in subsection
2170	(2).
2171	(4)  If the airport elects to sell the property under
2172	paragraph (2)(d), the property must be sold at a public auction
2173	either on the Internet or at a specified physical location after
2174	giving notice of the time and place of sale, at least 10
2175	calendar days prior to the date of sale, in a publication of
2176	general circulation within the county where the airport is
2177	located and after written notice, via certified mail, return
2178	receipt requested, is provided to the owner, if known. Any such
2179	notice shall be sufficient if the notice refers to the airport's
2180	intention to sell all then-accumulated found property, and there
2181	is no requirement that the notice identify each item to be sold.
2182	The rightful owner of such property may reclaim the property at
2183	any time prior to sale by presenting acceptable evidence of
2184	ownership to the airport director or the director's designee.
2185	All proceeds from the sale of the property shall be retained by
2186	the airport for use by the airport in any lawfully authorized
2187	manner.
2188	(5)  Nothing in this section shall preclude the airport
2189	from allowing a domestic or international air carrier or other
2190	tenant, on premises owned or controlled by the operator of a
2191	public-use airport, to establish its own lost and found
2192	procedures for personal property and to dispose of such personal
2193	property.
2194	(6)  A purchaser or recipient in good faith of personal
2195	property sold or obtained under this section shall take the
2196	property free of the rights of persons then holding any legal or
2197	equitable interest thereto, whether or not recorded.
2198	Section 46.  Section 705.183, Florida Statutes, is created
2199	to read:
2200	705.183  Disposal of derelict or abandoned aircraft on the
2201	premises of public-use airports.-
2202	(1)(a)  Whenever any derelict or abandoned aircraft is
2203	found or located on premises owned or controlled by the operator
2204	of a public-use airport, whether or not such premises are under
2205	a lease or license to a third party, the director of the airport
2206	or the director's designee shall make a record of the date the
2207	aircraft was found or determined to be present on the airport
2208	premises.
2209	(b)  For purposes of this section, the term:
2210	1.  "Abandoned aircraft" means an aircraft that has been
2211	disposed of on a public-use airport in a wrecked, inoperative,
2212	or partially dismantled condition or an aircraft that has
2213	remained in an idle state on premises owned or controlled by the
2214	operator of a public-use airport for 45 consecutive calendar
2215	days.
2216	2.  "Derelict aircraft" means any aircraft that is not in a
2217	flyable condition, does not have a current certificate of air
2218	worthiness issued by the Federal Aviation Administration, and is
2219	not in the process of actively being repaired.
2220	(2)  The director or the director's designee shall contact
2221	the Federal Aviation Administration, Aircraft Registration
2222	Branch, to determine the name and address of the last registered
2223	owner of the aircraft and shall make a diligent personal search
2224	of the appropriate records, or contact an aircraft title search
2225	company, to determine the name and address of any person having
2226	an equitable or legal interest in the aircraft. Within 10
2227	business days after receipt of the information, the director or
2228	the director's designee shall notify the owner and all persons
2229	having an equitable or legal interest in the aircraft by
2230	certified mail, return receipt requested, of the location of the
2231	derelict or abandoned aircraft on the airport premises, that
2232	fees and charges for the use of the airport by the aircraft have
2233	accrued and the amount thereof, that the aircraft is subject to
2234	a lien under subsection (5) for the accrued fees and charges for
2235	the use of the airport and for the transportation, storage, and
2236	removal of the aircraft, that the lien is subject to enforcement
2237	pursuant to law, and that the airport may cause the use, trade,
2238	sale, or removal of the aircraft as described in s.
2239	705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2240	after the date of receipt of such notice, the aircraft has not
2241	been removed from the airport upon payment in full of all
2242	accrued fees and charges for the use of the airport and for the
2243	transportation, storage, and removal of the aircraft. Such
2244	notice may require removal of the aircraft in less than 30
2245	calendar days if the aircraft poses a danger to the health or
2246	safety of users of the airport, as determined by the director or
2247	the director's designee.
2248	(3)  If the owner of the aircraft is unknown or cannot be
2249	found, the director or the director's designee shall cause a
2250	laminated notice to be placed upon such aircraft in
2251	substantially the following form:
2252
2253	NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2254	PROPERTY. This property, to wit: ...(setting forth brief
2255	description)... is unlawfully upon public property known as
2256	...(setting forth brief description of location)... and has
2257	accrued fees and charges for the use of the ...(same description
2258	of location as above)... and for the transportation, storage,
2259	and removal of the property. These accrued fees and charges must
2260	be paid in full and the property must be removed within 30
2261	calendar days after the date of this notice; otherwise, the
2262	property will be removed and disposed of pursuant to chapter
2263	705, Florida Statutes. The property is subject to a lien for all
2264	accrued fees and charges for the use of the public property
2265	known as ...(same description of location as above)... by such
2266	property and for all fees and charges incurred by the public
2267	property known as ...(same description of location as above)...
2268	for the transportation, storage, and removal of the property.
2269	This lien is subject to enforcement pursuant to law. The owner
2270	will be liable for such fees and charges, as well as the cost
2271	for publication of this notice. Dated this: ...(setting forth
2272	the date of posting of notice)..., signed: ...(setting forth
2273	name, title, address, and telephone number of law enforcement
2274	officer)....
2275
2276	Such notice shall be not less than 8 inches by 10 inches and
2277	shall be sufficiently weatherproof to withstand normal exposure
2278	to the weather. If, at the end of 30 calendar days after posting
2279	the notice, the owner or any person interested in the described
2280	derelict or abandoned aircraft has not removed the aircraft from
2281	the airport upon payment in full of all accrued fees and charges
2282	for the use of the airport and for the transportation, storage,
2283	and removal of the aircraft, or shown reasonable cause for
2284	failure to do so, the director or the director's designee may
2285	cause the use, trade, sale, or removal of the aircraft as
2286	described in s. 705.182(2)(a), (b), (d), or (e).
2287	(4)  Such aircraft shall be removed within the time period
2288	specified in the notice provided under subsection (2) or
2289	subsection (3). If, at the end of such period of time, the owner
2290	or any person interested in the described derelict or abandoned
2291	aircraft has not removed the aircraft from the airport upon
2292	payment in full of all accrued fees and charges for the use of
2293	the airport and for the transportation, storage, and removal of
2294	the aircraft, or shown reasonable cause for the failure to do
2295	so, the director or the director's designee may cause the use,
2296	trade, sale, or removal of the aircraft as described in s.
2297	705.182(2)(a), (b), (d), or (e).
2298	(a)  If the airport elects to sell the aircraft in
2299	accordance with s. 705.182(2)(d), the aircraft must be sold at
2300	public auction after giving notice of the time and place of
2301	sale, at least 10 calendar days prior to the date of sale, in a
2302	publication of general circulation within the county where the
2303	airport is located and after providing written notice of the
2304	intended sale to all parties known to have an interest in the
2305	aircraft.
2306	(b)  If the airport elects to dispose of the aircraft in
2307	accordance with s. 705.182(2)(e), the airport shall be entitled
2308	to negotiate with the company for a price to be received from
2309	such company in payment for the aircraft, or, if circumstances
2310	so warrant, a price to be paid to such company by the airport
2311	for the costs of disposing of the aircraft. All information
2312	pertaining to the establishment of such price and the
2313	justification for the amount of such price shall be prepared and
2314	maintained by the airport, and such negotiated price shall be
2315	deemed to be a commercially reasonable price.
2316	(c)  If the sale price or the negotiated price is less than
2317	the airport's then current charges and costs against the
2318	aircraft, or if the airport is required to pay the salvage
2319	company for its services, the owner of the aircraft shall remain
2320	liable to the airport for the airport's costs that are not
2321	offset by the sale price or negotiated price, in addition to the
2322	owner's liability for payment to the airport of the price the
2323	airport was required to pay any salvage company. All costs
2324	incurred by the airport in the removal, storage, and sale of any
2325	aircraft shall be recoverable against the owner of the aircraft.
2326	(5)  The airport shall have a lien on a derelict or
2327	abandoned aircraft for all fees and charges for the use of the
2328	airport by such aircraft and for all fees and charges incurred
2329	by the airport for the transportation, storage, and removal of
2330	the aircraft. As a prerequisite to perfecting a lien under this
2331	section, the airport director or the director's designee must
2332	serve a notice in accordance with subsection (2) on the last
2333	registered owner and all persons having an equitable or legal
2334	interest in the aircraft. Serving the notice does not dispense
2335	with recording the claim of lien.
2336	(6)(a)  For the purpose of perfecting its lien under this
2337	section, the airport shall record a claim of lien which shall
2338	state:
2339	1.  The name and address of the airport.
2340	2.  The name of the last registered owner of the aircraft
2341	and all persons having a legal or equitable interest in the
2342	aircraft.
2343	3.  The fees and charges incurred by the aircraft for the
2344	use of the airport and the fees and charges for the
2345	transportation, storage, and removal of the aircraft.
2346	4.  A description of the aircraft sufficient for
2347	identification.
2348	(b)  The claim of lien shall be signed and sworn to or
2349	affirmed by the airport director or the director's designee.
2350	(c)  The claim of lien shall be sufficient if it is in
2351	substantially the following form:
2352
2353	CLAIM OF LIEN
2354	State of ______
2355	County of ______
2356	Before me, the undersigned notary public, personally appeared
2357	______, who was duly sworn and says that he/she is the
2358	________of ________, whose address is________; and that the
2359	following described aircraft:
2360	...(Description of aircraft)...
2361	owned by __________, whose address is ____________, has accrued
2362	$___________in fees and charges for the use by the aircraft of
2363	______________ and for the transportation, storage, and removal
2364	of the aircraft from _______________; that the lienor served its
2365	notice to the last registered owner and all persons having a
2366	legal or equitable interest in the aircraft on ____,
2367	...(year)..., by________.
2368	...(Signature)...
2369	Sworn to (or affirmed) and subscribed before me this _____day
2370	of___, ...(year)..., by ...(name of person making statement)....
2371	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2372	Commissioned name of Notary Public)...
2373	Personally Known___OR Produced_____as identification.
2374
2375	However, the negligent inclusion or omission of any information
2376	in this claim of lien which does not prejudice the last
2377	registered owner does not constitute a default that operates to
2378	defeat an otherwise valid lien.
2379	(d)  The claim of lien shall be served on the last
2380	registered owner of the aircraft and all persons having an
2381	equitable or legal interest in the aircraft. The claim of lien
2382	shall be so served before recordation.
2383	(e)  The claim of lien shall be recorded with the clerk of
2384	court in the county where the airport is located. The recording
2385	of the claim of lien shall be constructive notice to all persons
2386	of the contents and effect of such claim. The lien shall attach
2387	at the time of recordation and shall take priority as of that
2388	time.
2389	(7)  A purchaser or recipient in good faith of an aircraft
2390	sold or obtained under this section takes the property free of
2391	the rights of persons then holding any legal or equitable
2392	interest to the aircraft, whether or not recorded. The purchaser
2393	or recipient is required to notify the appropriate Federal
2394	Aviation Administration office of such change in the registered
2395	owner of the aircraft.
2396	(8)  If the aircraft is sold at public sale, the airport
2397	shall deduct from the proceeds of sale the costs of
2398	transportation, storage, publication of notice, and all other
2399	costs reasonably incurred by the airport, and any balance of the
2400	proceeds shall be deposited into an interest-bearing account not
2401	later than 30 calendar days after the airport's receipt of the
2402	proceeds and held there for 1 year. The rightful owner of the
2403	aircraft may claim the balance of the proceeds within 1 year
2404	after the date of the deposit by making application to the
2405	airport and presenting acceptable written evidence of ownership
2406	to the airport's director or the director's designee. If no
2407	rightful owner claims the proceeds within the 1-year period, the
2408	balance of the proceeds shall be retained by the airport to be
2409	used in any manner authorized by law.
2410	(9)  Any person acquiring a legal interest in an aircraft
2411	that is sold by an airport under this section or s. 705.182
2412	shall be the lawful owner of such aircraft and all other legal
2413	or equitable interests in such aircraft shall be divested and of
2414	no further force and effect, provided that the holder of any
2415	such legal or equitable interests was notified of the intended
2416	disposal of the aircraft to the extent required in this section.
2417	The airport may issue documents of disposition to the purchaser
2418	or recipient of an aircraft disposed of under this section.
2419	Section 47.  Section 705.184, Florida Statutes, is created
2420	to read:
2421	705.184  Derelict or abandoned motor vehicles on the
2422	premises of public-use airports.-
2423	(1)(a)  Whenever any derelict or abandoned motor vehicle is
2424	found on premises owned or controlled by the operator of a
2425	public-use airport, including airport premises leased to a third
2426	party, the director of the airport or the director's designee
2427	may take charge of the motor vehicle and make a record of the
2428	date such motor vehicle was found.
2429	(b)  For purposes of this section, the term:
2430	1.  "Abandoned motor vehicle" means a motor vehicle that
2431	has been disposed of on a public-use airport in a wrecked,
2432	inoperative, or partially dismantled condition or a motor
2433	vehicle that has remained in an idle state on the premises of a
2434	public-use airport for 45 consecutive calendar days.
2435	2.  "Derelict motor vehicle" means any motor vehicle that
2436	is not in a drivable condition.
2437	(c)  After the information relating to the abandoned or
2438	derelict motor vehicle is recorded in the airport's records, the
2439	director or the director's designee may cause the motor vehicle
2440	to be removed from airport premises by the airport's wrecker or
2441	by a licensed independent wrecker company to be stored at a
2442	suitable location on or off the airport premises. If the motor
2443	vehicle is to be removed from airport premises by the airport's
2444	wrecker, the airport must follow the procedures in subsections
2445	(2)-(8). The procedures in subsections (2)-(8) do not apply if
2446	the motor vehicle is removed from the airport premises by a
2447	licensed independent wrecker company, and the licensed wrecking
2448	company shall comply with s. 713.78.
2449	(2)  The airport director or the director's designee shall
2450	contact the Department of Highway Safety and Motor Vehicles to
2451	notify that department that the airport has possession of the
2452	abandoned or derelict motor vehicle and to determine the name
2453	and address of the owner of the motor vehicle, the insurance
2454	company insuring the motor vehicle, notwithstanding the
2455	provisions of s. 627.736, and any person who has filed a lien on
2456	the motor vehicle. Within 7 business days after receipt of the
2457	information, the director or the director's designee shall send
2458	notice by certified mail, return receipt requested, to the owner
2459	of the motor vehicle, the insurance company insuring the motor
2460	vehicle, notwithstanding the provisions of s. 627.736, and all
2461	persons of record claiming a lien against the motor vehicle. The
2462	notice shall state the fact of possession of the motor vehicle,
2463	that charges for reasonable towing, storage, and parking fees,
2464	if any, have accrued and the amount thereof, that a lien as
2465	provided in subsection (6) will be claimed, that the lien is
2466	subject to enforcement pursuant to law, that the owner or
2467	lienholder, if any, has the right to a hearing as set forth in
2468	subsection (4), and that any motor vehicle which, at the end of
2469	30 calendar days after receipt of the notice, has not been
2470	removed from the airport upon payment in full of all accrued
2471	charges for reasonable towing, storage, and parking fees, if
2472	any, may be disposed of as provided in s. 705.182(2)(a), (b),
2473	(d), or (e), including, but not limited to, the motor vehicle
2474	being sold free of all prior liens after 35 calendar days after
2475	the time the motor vehicle is stored if any prior liens on the
2476	motor vehicle are more than 5 years of age or after 50 calendar
2477	days after the time the motor vehicle is stored if any prior
2478	liens on the motor vehicle are 5 years of age or less.
2479	(3)  If attempts to notify the owner or lienholder pursuant
2480	to subsection (2) are not successful, the requirement of notice
2481	by mail shall be considered met and the director or the
2482	director's designee, in accordance with subsection (5), may
2483	cause the motor vehicle to be disposed of as provided in s.
2484	705.182(2)(a), (b), (d), or (e), including, but not limited to,
2485	the motor vehicle being sold free of all prior liens after 35
2486	calendar days after the time the motor vehicle is stored if any
2487	prior liens on the motor vehicle are more than 5 years of age or
2488	after 50 calendar days after the time the motor vehicle is
2489	stored if any prior liens on the motor vehicle are 5 years of
2490	age or less.
2491	(4)(a)  The owner of, or any person with a lien on, a motor
2492	vehicle removed pursuant to subsection (1), may, within 10
2493	calendar days after the time he or she has knowledge of the
2494	location of the motor vehicle, file a complaint in the county
2495	court of the county in which the motor vehicle is stored to
2496	determine if his or her property was wrongfully taken or
2497	withheld.
2498	(b)  Upon filing a complaint, an owner or lienholder may
2499	have his or her motor vehicle released upon posting with the
2500	court a cash or surety bond or other adequate security equal to
2501	the amount of the fees for towing, storage, and accrued parking,
2502	if any, to ensure the payment of such fees in the event he or
2503	she does not prevail. Upon the posting of the bond or other
2504	adequate security and the payment of any applicable fee, the
2505	clerk of the court shall issue a certificate notifying the
2506	airport of the posting of the bond or other adequate security
2507	and directing the airport to release the motor vehicle. At the
2508	time of such release, after reasonable inspection, the owner or
2509	lienholder shall give a receipt to the airport reciting any
2510	claims he or she has for loss or damage to the motor vehicle or
2511	the contents of the motor vehicle.
2512	(5)  If, after 30 calendar days after receipt of the
2513	notice, the owner or any person claiming a lien has not removed
2514	the motor vehicle from its storage location upon payment in full
2515	of all accrued charges for reasonable towing, storage, and
2516	parking fees, if any, or shown reasonable cause for the failure
2517	to do so, the airport director or the director's designee may
2518	dispose of the motor vehicle as provided in s. 705.182(2)(a),
2519	(b), (d), or (e). If the airport elects to sell the motor
2520	vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2521	sold free of all prior liens after 35 calendar days after the
2522	time the motor vehicle is stored if any prior liens on the motor
2523	vehicle are more than 5 years of age or after 50 calendar days
2524	after the time the motor vehicle is stored if any prior liens on
2525	the motor vehicle are 5 years of age or less. The sale shall be
2526	a public auction either on the Internet or at a specified
2527	physical location. If the date of the sale was not included in
2528	the notice required in subsection (2), notice of the sale, sent
2529	by certified mail, return receipt requested, shall be given to
2530	the owner of the motor vehicle and to all persons claiming a
2531	lien on the motor vehicle. Such notice shall be mailed not less
2532	than 10 calendar days before the date of the sale. In addition
2533	to the notice by mail, public notice of the time and place of
2534	the sale at auction shall be made by publishing a notice of the
2535	sale at auction one time, at least 10 calendar days prior to the
2536	date of sale, in a newspaper of general circulation in the
2537	county in which the sale is to be held. All costs incurred by
2538	the airport for the towing, storage, and sale of the motor
2539	vehicle, as well as all accrued parking fees, if any, shall be
2540	recovered by the airport from the proceeds of the sale, and any
2541	proceeds of the sale in excess of such costs shall be retained
2542	by the airport for use by the airport in any manner authorized
2543	by law.
2544	(6)  The airport pursuant to this section or, if used, a
2545	licensed independent wrecker company pursuant to s. 713.78 shall
2546	have a lien on an abandoned or derelict motor vehicle for all
2547	reasonable towing, storage, and accrued parking fees, if any,
2548	except that no storage fee shall be charged if the motor vehicle
2549	is stored less than 6 hours. As a prerequisite to perfecting a
2550	lien under this section, the airport director or the director's
2551	designee must serve a notice in accordance with subsection (2)
2552	on the owner of the motor vehicle, the insurance company
2553	insuring the motor vehicle, notwithstanding the provisions of s.
2554	627.736, and all persons of record claiming a lien against the
2555	motor vehicle. If attempts to notify the owner, the insurance
2556	company insuring the motor vehicle, notwithstanding the
2557	provisions of s. 627.736, or lienholders are not successful, the
2558	requirement of notice by mail shall be considered met. Serving
2559	of the notice does not dispense with recording the claim of
2560	lien.
2561	(7)(a)  For the purpose of perfecting its lien under this
2562	section, the airport shall record a claim of lien which shall
2563	state:
2564	1.  The name and address of the airport.
2565	2.  The name of the owner of the motor vehicle, the
2566	insurance company insuring the motor vehicle, notwithstanding
2567	the provisions of s. 627.736, and all persons of record claiming
2568	a lien against the motor vehicle.
2569	3.  The costs incurred from reasonable towing, storage, and
2570	parking fees, if any.
2571	4.  A description of the motor vehicle sufficient for
2572	identification.
2573	(b)  The claim of lien shall be signed and sworn to or
2574	affirmed by the airport director or the director's designee.
2575	(c)  The claim of lien shall be sufficient if it is in
2576	substantially the following form:
2577
2578	CLAIM OF LIEN
2579	State of ______
2580	County of ______
2581	Before me, the undersigned notary public, personally appeared
2582	______, who was duly sworn and says that he/she is the
2583	________of _____________, whose address is________; and that the
2584	following described motor vehicle:
2585	...(Description of motor vehicle)...
2586	owned by __________, whose address is ____________, has accrued
2587	$___________in fees for a reasonable tow, for storage, and for
2588	parking, if applicable; that the lienor served its notice to the
2589	owner, the insurance company insuring the motor vehicle
2590	notwithstanding the provisions of s. 627.736, Florida Statutes,
2591	and all persons of record claiming a lien against the motor
2592	vehicle on ____, ...(year)..., by________.
2593	...(Signature)...
2594	Sworn to (or affirmed) and subscribed before me this _____day
2595	of___, ...(year)..., by ...(name of person making statement)....
2596	...(Signature of Notary Public)... ...(Print, Type, or Stamp
2597	Commissioned name of Notary Public)...
2598	Personally Known___OR Produced_____as identification.
2599
2600	However, the negligent inclusion or omission of any information
2601	in this claim of lien which does not prejudice the owner does
2602	not constitute a default that operates to defeat an otherwise
2603	valid lien.
2604	(d)  The claim of lien shall be served on the owner of the
2605	motor vehicle, the insurance company insuring the motor vehicle,
2606	notwithstanding the provisions of s. 627.736, and all persons of
2607	record claiming a lien against the motor vehicle. If attempts to
2608	notify the owner, the insurance company insuring the motor
2609	vehicle notwithstanding the provisions of s. 627.736, or
2610	lienholders are not successful, the requirement of notice by
2611	mail shall be considered met. The claim of lien shall be so
2612	served before recordation.
2613	(e)  The claim of lien shall be recorded with the clerk of
2614	court in the county where the airport is located. The recording
2615	of the claim of lien shall be constructive notice to all persons
2616	of the contents and effect of such claim. The lien shall attach
2617	at the time of recordation and shall take priority as of that
2618	time.
2619	(8)  A purchaser or recipient in good faith of a motor
2620	vehicle sold or obtained under this section takes the property
2621	free of the rights of persons then holding any legal or
2622	equitable interest thereto, whether or not recorded.
2623	Section 48.  Section 479.156, Florida Statutes, is amended
2624	to read:
2625	479.156  Wall murals.-Notwithstanding any other provision
2626	of this chapter, a municipality or county may permit and
2627	regulate wall murals within areas designated by such government.
2628	If a municipality or county permits wall murals, a wall mural
2629	that displays a commercial message and is within 660 feet of the
2630	nearest edge of the right-of-way within an area adjacent to the
2631	interstate highway system or the federal-aid primary highway
2632	system shall be located in an area that is zoned for industrial
2633	or commercial use and the municipality or county shall establish
2634	and enforce regulations for such areas that, at a minimum, set
2635	forth criteria governing the size, lighting, and spacing of wall
2636	murals consistent with the intent of the Highway Beautification
2637	Act of 1965 and with customary use. Whenever a municipality or
2638	county exercises such control and makes a determination of
2639	customary use pursuant to 23 U.S.C. s. 131(d), such
2640	determination shall be accepted in lieu of controls in the
2641	agreement between the state and the United States Department of
2642	Transportation, and the department shall notify the Federal
2643	Highway Administration pursuant to the agreement, 23 U.S.C. s.
2644	131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
2645	subject to municipal or county regulation and the Highway
2646	Beautification Act of 1965 must be approved by the Department of
2647	Transportation and the Federal Highway Administration when
2648	required by federal law and federal regulation under the
2649	agreement between the state and the United States Department of
2650	Transportation and federal regulations enforced by the
2651	Department of Transportation under s. 479.02(1). The existence
2652	of a wall mural as defined in s. 479.01(30)(27) shall not be
2653	considered in determining whether a sign as defined in s.
2654	479.01(20)(17), either existing or new, is in compliance with s.
2655	479.07(9)(a).
2656	Section 49.  This act shall take effect July 1, 2010.

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