Florida Senate - 2010 CS for SB 2362
By the Committee on Transportation; and Senator Gardiner
596-03688-10 20102362c1
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 316.1001, F.S.; clarifying the method to be used in
4 providing notice following the issuance of a citation
5 for failure to pay a toll; providing that receipt of
6 the citation rather than its mailing constitutes
7 notification; authorizing any governmental entity,
8 including the clerk of court, to provide specified
9 data to the Department of Highway Safety and Motor
10 Vehicles regarding outstanding violations for failure
11 to pay tolls; amending s. 316.545, F.S.; providing for
12 a reduction in the gross weight of certain vehicles
13 equipped with idle-reduction technologies when
14 calculating a penalty for exceeding maximum weight
15 limits; requiring that an operator provide
16 certification of the weight of the idle-reduction
17 technology and demonstrate or certify that the idle
18 reduction technology is fully functional at all times;
19 amending s. 318.18, F.S.; authorizing a court to
20 direct the department to suspend a person’s driver’s
21 license for violations involving the failure to pay
22 tolls; amending s. 320.03, F.S.; clarifying provisions
23 requiring that the tax collector withhold issuance of
24 a license plate or revalidation sticker if certain
25 fines are outstanding; amending s. 322.27, F.S.;
26 providing that failure to pay a toll does not result
27 in the assessment of points against a person’s driving
28 record; amending s. 337.14, F.S.; clarifying
29 provisions relating to the submission of interim
30 financial statements to the department along with
31 applications for contractor qualification; amending s.
32 337.401, F.S.; providing for the placement of and
33 access to transmission lines that are adjacent to and
34 within the right-of-way of any public road controlled
35 by the Department of Transportation; amending s.
36 338.155, F.S.; authorizing the Department of
37 Transportation to adopt rules related to the payment,
38 collection, and enforcement of tolls; amending s.
39 343.64, F.S.; authorizing the Central Florida Regional
40 Transportation Authority to borrow funds under certain
41 circumstances; amending s. 348.51, F.S.; setting forth
42 the limited nature of the obligations issued by the
43 Tampa-Hillsborough County Expressway Authority;
44 amending s. 348.545, F.S.; clarifying authorization
45 for the authority to issue bonds to finance
46 improvements; amending s. 348.56, F.S.; prescribing
47 additional authorization for the authority to issue
48 bonds by or on behalf of the authority; authorizing
49 the public or negotiated sale of bonds by the
50 authority; amending s. 348.565, F.S.; revising revenue
51 bond-issuance authority with respect to specific
52 legislatively approved projects; amending s. 348.57,
53 F.S.; prescribing additional authorization for the
54 authority to issue refunding bonds; amending s.
55 348.70, F.S.; exempting the authority from certain
56 provisions relating to issuance of bonds by state
57 agencies; creating part XI of ch. 348, F.S.; creating
58 s. 348.9950, F.S.; providing a short title; creating
59 s. 348.9951, F.S.; providing that certain terms have
60 the same meaning as in the Florida Expressway
61 Authority Act for certain purposes; creating s.
62 348.9952, F.S.; creating the Osceola County Expressway
63 Authority as an agency of the state; providing for a
64 governing body of the authority; providing for
65 membership, terms, organization, personnel, and
66 administration; authorizing payment of travel and
67 other expenses; directing the authority to cooperate
68 with and participate in any efforts to establish a
69 regional expressway authority; creating s. 348.9953,
70 F.S.; providing purposes and powers of the authority;
71 creating s. 348.9954, F.S.; authorizing the issuance
72 of bonds to pay or secure certain obligations;
73 creating s. 348.9955, F.S.; authorizing the authority
74 to enter into certain agreements; creating s.
75 348.9956, F.S.; authorizing the department to act as
76 the authority’s appointed agent under certain
77 circumstances; creating s. 348.9957, F.S; authorizing
78 the authority to acquire certain lands and property;
79 authorizing the authority to exercise eminent domain;
80 creating s. 348.9958, F.S.; authorizing certain
81 entities to enter into agreements with the authority;
82 creating s. 348.9959, F.S.; providing legislative
83 intent and a pledge of the state to bondholders;
84 creating s. 348.9960, F.S.; exempting the authority
85 from taxation; creating s. 348.9961, F.S.; providing
86 for dissolution of the authority under certain
87 circumstances; designating parts I and II of ch. 479,
88 F.S.; amending s. 479.01, F.S.; clarifying the
89 definition of “commercial or industrial zone”;
90 defining the terms “allowable uses,” “commercial use,”
91 “industrial use,” and “zoning category” for specified
92 purposes; creating part III of ch. 479, F.S.; creating
93 s. 479.310, F.S.; providing legislative intent;
94 creating s. 479.311, F.S.; providing that the county
95 court and circuit court have concurrent jurisdiction;
96 creating ss. 479.312, 479.313, and 479.314, F.S.;
97 requiring that all costs incurred by the department to
98 remove signs in certain locations on the interstate
99 highway system, the federal-aid primary highway
100 system, or the state highway system to be assessed and
101 collected from certain persons under certain
102 conditions; amending s. 705.18, F.S.; deleting
103 provisions relating to public-use airports or its
104 directors, as well as the required disposition of
105 moneys from sale of property abandoned at a public-use
106 airport; creating s. 705.182, F.S.; providing an
107 eligibility period for personal property found on
108 public-use airports to be claimed; providing options
109 for disposing of personal property; providing
110 procedures for selling abandoned personal property;
111 providing for the notice of sale; authorizing an
112 airport tenant to establish its own lost and found
113 procedures; providing that a purchaser of certain
114 property holds title to such property; creating s.
115 705.183, F.S.; creating procedures for the disposal of
116 derelict or abandoned aircraft on the premises of a
117 public-use airport; requiring that the director of an
118 airport or the director’s designee keep a record of
119 such aircraft found at an airport; defining the terms
120 “derelict aircraft” and “abandoned aircraft”;
121 requiring that the director of an airport or the
122 director’s designee make a determination of the
123 identity of an aircraft owner and persons having legal
124 interest in the aircraft; requiring notification of
125 the aircraft owner and all persons having an equitable
126 or legal interest in the aircraft; requiring that
127 certain items be included in the notice; providing an
128 exception; providing for notice if the owner of the
129 aircraft is unknown or cannot be found; providing the
130 form of such notice; providing for the placement of
131 the notice; providing procedures for failure to remove
132 an aircraft and pay fees; requiring that any sale of
133 aircraft be made at a public auction; providing notice
134 requirements for such public auction; providing
135 procedures for disposing of an aircraft; providing for
136 liability if the sale price is less than the charges
137 and costs related to the aircraft; providing that a
138 lien in favor of the airport exists under certain
139 circumstances; providing for the payment of fees and
140 charges related to the aircraft; requiring notice of
141 any such lien; requiring the filing of a claim of
142 lien; providing a form of the claim of lien; providing
143 for service of the claim of lien; providing that the
144 purchaser of the aircraft takes the property free of
145 rights of persons holding legal or equitable interest
146 in the aircraft; requiring that the purchaser or
147 recipient notify the Federal Aviation Administration
148 of the change in ownership; providing for the
149 deduction of costs if an aircraft is sold at a public
150 sale; requiring that the balance be deposited into an
151 interest-bearing account; providing a deadline for the
152 owner to claim the funds; authorizing the airport to
153 retain the balance under certain circumstances;
154 authorizing an airport to issue documents relating to
155 the aircraft disposal; creating s. 705.184, F.S.;
156 creating procedures for the disposal of derelict or
157 abandoned motor vehicles on public-use airports;
158 defining the terms “derelict motor vehicle” and
159 “abandoned motor vehicle”; authorizing the removal of
160 such a vehicle from the airport premises; requiring
161 that the director of an airport or the director’s
162 designee make a determination of the identity of the
163 owner of the motor vehicle and the insurance company
164 insuring the motor vehicle; requiring notification of
165 the owner, insurer, and lienholder; requiring that
166 certain information be included in the notice;
167 providing an exception; providing a form for the
168 notice; providing for the placement of such notice;
169 authorizing an airport to take certain action if the
170 owner or lienholder fails to remove the motor vehicle
171 and pay applicable fees; requiring that any sale of a
172 motor vehicle be made at a public auction; providing
173 notice requirements for such auction; providing
174 procedures for disposing of the motor vehicle;
175 providing for liability if the sale price is less than
176 the charges and costs related to the motor vehicle;
177 providing for a lien in favor of the airport for all
178 fees and charges related to the motor vehicle under
179 certain circumstances; providing for notice of such
180 lien; requiring the filing of a claim of lien;
181 providing a form for the claim of such lien;
182 specifying requirements for service of a claim of
183 lien; providing that a purchaser of a motor vehicle
184 takes the property free of rights of persons holding
185 legal or equitable interest in the motor vehicle;
186 providing an effective date.
187
188 Be It Enacted by the Legislature of the State of Florida:
189
190 Section 1. Paragraph (b) of subsection (2) and subsection
191 (4) of section 316.1001, Florida Statutes, are amended to read:
192 316.1001 Payment of toll on toll facilities required;
193 penalties.—
194 (2)
195 (b) A citation issued under this subsection may be issued
196 by mailing the citation by first-class first class mail, or by
197 certified mail, return receipt requested, to the address of the
198 registered owner of the motor vehicle involved in the violation.
199 Receipt of Mailing the citation to this address constitutes
200 notification. In the case of joint ownership of a motor vehicle,
201 the traffic citation must be mailed to the first name appearing
202 on the registration, unless the first name appearing on the
203 registration is a business organization, in which case the
204 second name appearing on the registration may be used. A
205 citation issued under this paragraph must be mailed to the
206 registered owner of the motor vehicle involved in the violation
207 within 14 days after the date of issuance of the citation
208 violation. In addition to the citation, notification must be
209 sent to the registered owner of the motor vehicle involved in
210 the violation specifying remedies available under ss. 318.14(12)
211 and 318.18(7).
212 (4) Any governmental entity, including, without limitation,
213 a clerk of court, may provide supply the department with data
214 that is machine readable by the department’s computer system,
215 listing persons who have one or more outstanding violations of
216 this section, with reference to the person’s driver’s license
217 number or vehicle registration number in the case of a business
218 entity. Pursuant to s. 320.03(8), those persons may not be
219 issued a license plate or revalidation sticker for any motor
220 vehicle.
221 Section 2. Subsection (3) of section 316.545, Florida
222 Statutes, is amended to read:
223 316.545 Weight and load unlawful; special fuel and motor
224 fuel tax enforcement; inspection; penalty; review.—
225 (3) Any person who violates the overloading provisions of
226 this chapter shall be conclusively presumed to have damaged the
227 highways of this state by reason of such overloading, which
228 damage is hereby fixed as follows:
229 (a) When the excess weight is 200 pounds or less than the
230 maximum herein provided, the penalty shall be $10;
231 (b) Five cents per pound for each pound of weight in excess
232 of the maximum herein provided when the excess weight exceeds
233 200 pounds. However, whenever the gross weight of the vehicle or
234 combination of vehicles does not exceed the maximum allowable
235 gross weight, the maximum fine for the first 600 pounds of
236 unlawful axle weight shall be $10;
237 (c) For a vehicle equipped with fully functional idle
238 reduction technology, any penalty shall be calculated by
239 reducing the actual gross vehicle weight or the internal bridge
240 weight by the certified weight of the idle-reduction technology
241 or by 400 pounds, whichever is less. The vehicle operator must
242 present written certification of the weight of the idle
243 reduction technology and must demonstrate or certify that the
244 idle-reduction technology is fully functional at all times. Such
245 calculation may not be used for vehicles described in s.
246 316.535(6);
247 (d)(c) An apportioned motor vehicle, as defined in s.
248 320.01, operating on the highways of this state without being
249 properly licensed and registered shall be subject to the
250 penalties as herein provided; and
251 (e)(d) Vehicles operating on the highways of this state
252 from nonmember International Registration Plan jurisdictions
253 which are not in compliance with the provisions of s. 316.605
254 shall be subject to the penalties as herein provided.
255 Section 3. Subsection (7) of section 318.18, Florida
256 Statutes, is amended to read:
257 318.18 Amount of penalties.—The penalties required for a
258 noncriminal disposition pursuant to s. 318.14 or a criminal
259 offense listed in s. 318.17 are as follows:
260 (7) Mandatory $100 fine for each violation of s. 316.1001
261 plus the amount of the unpaid toll shown on the traffic citation
262 for each citation issued. The clerk of the court shall forward
263 $25 of the $100 fine received, plus the amount of the unpaid
264 toll that is shown on the citation, to the governmental entity
265 that issued the citation, or on whose behalf the citation was
266 issued. If a plea arrangement is reached prior to the date set
267 for a scheduled evidentiary hearing and adjudication is
268 withheld, there shall be a mandatory fine assessed per citation
269 of not less than $50 and not more than $100, plus the amount of
270 the unpaid toll for each citation issued. The clerk of the court
271 shall forward $25 of the fine imposed plus the amount of the
272 unpaid toll that is shown on the citation to the governmental
273 entity that issued the citation or on whose behalf the citation
274 was issued. The court shall have specific authority to
275 consolidate issued citations for the same defendant for the
276 purpose of sentencing and aggregate jurisdiction. In addition,
277 the court may direct the department to shall suspend for 60 days
278 the driver’s license of a person who is convicted of 10
279 violations of s. 316.1001 within a 36-month period. Any funds
280 received by a governmental entity for this violation may be used
281 for any lawful purpose related to the operation or maintenance
282 of a toll facility.
283 Section 4. Subsection (8) of section 320.03, Florida
284 Statutes, is amended to read:
285 320.03 Registration; duties of tax collectors;
286 International Registration Plan.—
287 (8) If the applicant’s name appears on the list referred to
288 in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
289 plate or revalidation sticker may not be issued until that
290 person’s name no longer appears on the list or until the person
291 presents a receipt from the governmental entity or the clerk of
292 court that provided the data showing that the fines outstanding
293 have been paid. This subsection does not apply to the owner of a
294 leased vehicle if the vehicle is registered in the name of the
295 lessee of the vehicle. The tax collector and the clerk of the
296 court are each entitled to receive monthly, as costs for
297 implementing and administering this subsection, 10 percent of
298 the civil penalties and fines recovered from such persons. As
299 used in this subsection, the term “civil penalties and fines”
300 does not include a wrecker operator’s lien as described in s.
301 713.78(13). If the tax collector has private tag agents, such
302 tag agents are entitled to receive a pro rata share of the
303 amount paid to the tax collector, based upon the percentage of
304 license plates and revalidation stickers issued by the tag agent
305 compared to the total issued within the county. The authority of
306 any private agent to issue license plates shall be revoked,
307 after notice and a hearing as provided in chapter 120, if he or
308 she issues any license plate or revalidation sticker contrary to
309 the provisions of this subsection. This section applies only to
310 the annual renewal in the owner’s birth month of a motor vehicle
311 registration and does not apply to the transfer of a
312 registration of a motor vehicle sold by a motor vehicle dealer
313 licensed under this chapter, except for the transfer of
314 registrations which is inclusive of the annual renewals. This
315 section does not affect the issuance of the title to a motor
316 vehicle, notwithstanding s. 319.23(7)(b).
317 Section 5. Paragraph (d) of subsection (3) of section
318 322.27, Florida Statutes, is amended to read:
319 322.27 Authority of department to suspend or revoke
320 license.—
321 (3) There is established a point system for evaluation of
322 convictions of violations of motor vehicle laws or ordinances,
323 and violations of applicable provisions of s. 403.413(6)(b) when
324 such violations involve the use of motor vehicles, for the
325 determination of the continuing qualification of any person to
326 operate a motor vehicle. The department is authorized to suspend
327 the license of any person upon showing of its records or other
328 good and sufficient evidence that the licensee has been
329 convicted of violation of motor vehicle laws or ordinances, or
330 applicable provisions of s. 403.413(6)(b), amounting to 12 or
331 more points as determined by the point system. The suspension
332 shall be for a period of not more than 1 year.
333 (d) The point system shall have as its basic element a
334 graduated scale of points assigning relative values to
335 convictions of the following violations:
336 1. Reckless driving, willful and wanton—4 points.
337 2. Leaving the scene of a crash resulting in property
338 damage of more than $50—6 points.
339 3. Unlawful speed resulting in a crash—6 points.
340 4. Passing a stopped school bus—4 points.
341 5. Unlawful speed:
342 a. Not in excess of 15 miles per hour of lawful or posted
343 speed—3 points.
344 b. In excess of 15 miles per hour of lawful or posted
345 speed—4 points.
346 6. A violation of a traffic control signal device as
347 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
348 7. All other moving violations (including parking on a
349 highway outside the limits of a municipality)—3 points. However,
350 no points shall be imposed for a violation of s. 316.0741, s.
351 316.1001, or s. 316.2065(12).
352 8. Any moving violation covered above, excluding unlawful
353 speed, resulting in a crash—4 points.
354 9. Any conviction under s. 403.413(6)(b)—3 points.
355 10. Any conviction under s. 316.0775(2)—4 points.
356 Section 6. Subsection (1) of section 337.14, Florida
357 Statutes, is amended to read:
358 337.14 Application for qualification; certificate of
359 qualification; restrictions; request for hearing.—
360 (1) Any person desiring to bid for the performance of any
361 construction contract in excess of $250,000 which the department
362 proposes to let must first be certified by the department as
363 qualified pursuant to this section and rules of the department.
364 The rules of the department shall address the qualification of
365 persons to bid on construction contracts in excess of $250,000
366 and shall include requirements with respect to the equipment,
367 past record, experience, financial resources, and organizational
368 personnel of the applicant necessary to perform the specific
369 class of work for which the person seeks certification. The
370 department may is authorized to limit the dollar amount of any
371 contract upon which a person is qualified to bid or the
372 aggregate total dollar volume of contracts such person is
373 allowed to have under contract at any one time. Each applicant
374 seeking qualification to bid on construction contracts in excess
375 of $250,000 shall furnish the department a statement under oath,
376 on such forms as the department may prescribe, setting forth
377 detailed information as required on the application. Each
378 application for certification shall be accompanied by the latest
379 annual financial statement of the applicant completed within the
380 last 12 months. If the application or the annual financial
381 statement shows the financial condition of the applicant more
382 than 4 months before prior to the date on which the application
383 is received by the department, then an interim financial
384 statement must also be submitted and be accompanied by an
385 updated application. The interim financial statement must cover
386 the period from the end date of the annual statement and must
387 show the financial condition of the applicant no more than 4
388 months before prior to the date that the interim financial
389 statement on which the application is received by the
390 department. Each required annual or interim financial statement
391 must be audited and accompanied by the opinion of a certified
392 public accountant or a public accountant approved by the
393 department. The information required by this subsection is
394 confidential and exempt from the provisions of s. 119.07(1). The
395 department shall act upon the application for qualification
396 within 30 days after the department determines that the
397 application is complete. The department may waive the
398 requirements of this subsection for projects having a contract
399 price of $500,000 or less if the department determines that the
400 project is of a noncritical nature and the waiver will not
401 endanger public health, safety, or property.
402 Section 7. Subsection (1) of section 337.401, Florida
403 Statutes, is amended to read:
404 337.401 Use of right-of-way for utilities subject to
405 regulation; permit; fees.—
406 (1)(a) The department and local governmental entities,
407 referred to in ss. 337.401-337.404 as the “authority,” that have
408 jurisdiction and control of public roads or publicly owned rail
409 corridors are authorized to prescribe and enforce reasonable
410 rules or regulations with reference to the placing and
411 maintaining along, across, or on any road or publicly owned rail
412 corridors under their respective jurisdictions any electric
413 transmission, telephone, telegraph, or other communications
414 services lines; pole lines; poles; railways; ditches; sewers;
415 water, heat, or gas mains; pipelines; fences; gasoline tanks and
416 pumps; or other structures referred to in this section as the
417 “utility.” For aerial and underground electric utility
418 transmission lines designed to operate at 69 or more kilovolts
419 that are needed to accommodate the additional electrical
420 transfer capacity on the transmission grid resulting from new
421 base-load generating facilities, where there is no other
422 practicable alternative available for placement of the electric
423 utility transmission lines on the department’s rights-of-way,
424 the department’s rules shall provide for placement of and access
425 to such transmission lines adjacent to and within the right-of
426 way of any department-controlled public roads, including
427 longitudinally within limited access facilities to the greatest
428 extent allowed by federal law, if compliance with the standards
429 established by such rules is achieved. Such rules may include,
430 but need not be limited to, that the use of the right-of-way is
431 reasonable based upon a consideration of economic and
432 environmental factors, including, without limitation, other
433 practicable alternative alignments, utility corridors and
434 easements, impacts on adjacent property owners, and minimum
435 clear zones and other safety standards, and further provide that
436 placement of the electric utility transmission lines within the
437 department’s right-of-way does not interfere with operational
438 requirements of the transportation facility or planned or
439 potential future expansion of such transportation facility. If
440 the department approves longitudinal placement of electric
441 utility transmission lines in limited access facilities,
442 compensation for the use of the right-of-way is required. Such
443 consideration or compensation paid by the electric utility in
444 connection with the department’s issuance of a permit does not
445 create any property right in the department’s property
446 regardless of the amount of consideration paid or the
447 improvements constructed on the property by the utility. Upon
448 notice by the department that the property is needed for
449 expansion or improvement of the transportation facility, the
450 electric utility transmission line will relocate from the
451 facility at the electric utility’s sole expense. The electric
452 utility shall pay to the department reasonable damages resulting
453 from the utility’s failure or refusal to timely relocate its
454 transmission lines. The rules to be adopted by the department
455 may also address the compensation methodology and relocation. As
456 used in this subsection, the term “base-load generating
457 facilities” means electric power plants that are certified under
458 part II of chapter 403. The department may enter into a permit
459 delegation agreement with a governmental entity if issuance of a
460 permit is based on requirements that the department finds will
461 ensure the safety and integrity of facilities of the Department
462 of Transportation; however, the permit-delegation agreement does
463 not apply to facilities of electric utilities as defined in s.
464 366.02(2).
465 (b) For aerial and underground electric utility
466 transmission lines that are designed to operate at 69 or more
467 kilovolts and that are needed to accommodate the additional
468 electrical transfer capacity on the transmission grid resulting
469 from new base-load generating facilities, the department’s rules
470 shall provide for placement of and access to such transmission
471 lines adjacent to and within the right-of-way of any department
472 controlled public roads, including longitudinally within limited
473 access facilities where there is no other practicable
474 alternative available, to the greatest extent allowed by federal
475 law, if compliance with the standards established by such rules
476 is achieved. Such rules may include, but need not be limited to,
477 a requirement that the use of the limited access right-of-way
478 for longitudinal placement of electric utility transmission
479 lines be reasonably based upon a consideration of economic and
480 environmental factors, including, but not limited to, other
481 practicable alternative alignments, utility corridors and
482 easements, impacts on adjacent property owners, and minimum
483 clear zones and other safety standards. Such rules may also
484 require that placement of the electric utility transmission
485 lines within the department’s right-of-way not interfere with
486 operational requirements of the transportation facility or
487 planned or potential future expansion of such transportation
488 facility. Compensation for the use of the right-of-way must be
489 provided if the department approves longitudinal placement of
490 electric utility transmission lines in limited access
491 facilities. Such consideration or compensation paid by the
492 electric utility in connection with the department’s issuance of
493 a permit does not create any property right in the department’s
494 property regardless of the amount of consideration paid or the
495 improvements constructed on the property by the utility. Upon
496 notice by the department that the property is needed for
497 expansion or improvement of the transportation facility, the
498 electric utility transmission line shall be relocated at the
499 electric utility’s sole expense. The electric utility shall pay
500 to the department reasonable damages resulting from the
501 utility’s failure or refusal to timely relocate its transmission
502 lines. The rules adopted by the department may also address the
503 compensation methodology and relocation. As used in this
504 subsection, the term “base-load generating facilities” means
505 electric power plants that are certified under part II of
506 chapter 403.
507 Section 8. Subsection (1) of section 338.155, Florida
508 Statutes, is amended to read:
509 338.155 Payment of toll on toll facilities required;
510 exemptions.—
511 (1) No persons are permitted to use any toll facility
512 without payment of tolls, except employees of the agency
513 operating the toll project when using the toll facility on
514 official state business, state military personnel while on
515 official military business, handicapped persons as provided in
516 this section, persons exempt from toll payment by the
517 authorizing resolution for bonds issued to finance the facility,
518 and persons exempt on a temporary basis where use of such toll
519 facility is required as a detour route. Any law enforcement
520 officer operating a marked official vehicle is exempt from toll
521 payment when on official law enforcement business. Any person
522 operating a fire vehicle when on official business or a rescue
523 vehicle when on official business is exempt from toll payment.
524 Any person participating in the funeral procession of a law
525 enforcement officer or firefighter killed in the line of duty is
526 exempt from toll payment. The secretary, or the secretary’s
527 designee, may suspend the payment of tolls on a toll facility
528 when necessary to assist in emergency evacuation. The failure to
529 pay a prescribed toll constitutes a noncriminal traffic
530 infraction, punishable as a moving violation pursuant to s.
531 318.18. The department is authorized to adopt rules relating to
532 the payment, collection, and enforcement of tolls, including,
533 but not limited to, rules for the implementation of video or
534 other image billing and variable pricing guaranteed toll
535 accounts.
536 Section 9. Paragraph (q) is added to subsection (2) of
537 section 343.64, Florida Statutes, to read:
538 343.64 Powers and duties.—
539 (2) The authority may exercise all powers necessary,
540 appurtenant, convenient, or incidental to the carrying out of
541 the aforesaid purposes, including, but not limited to, the
542 following rights and powers:
543 (q) Notwithstanding the provisions of s. 343.65, to borrow
544 money in a principal amount not to exceed $10 million in any
545 calendar year to refinance all or part of the costs or
546 obligations of the authority, including, but not limited to,
547 obligations of the authority as a lessee under a lease.
548 Section 10. Subsection (3) of section 348.51, Florida
549 Statutes, is amended to read:
550 348.51 Definitions.—The following terms whenever used or
551 referred to in this part shall have the following meanings,
552 except in those instances where the context clearly indicates
553 otherwise:
554 (3) “Bonds” means and includes the notes, bonds, refunding
555 bonds, or other evidences of indebtedness or obligations, in
556 either temporary or definitive form, which of the authority is
557 authorized to issue issued pursuant to this part.
558 Section 11. Section 348.545, Florida Statutes, is amended
559 to read:
560 348.545 Facility improvement; bond financing authority.
561 Pursuant to s. 11(f), Art. VII of the State Constitution, the
562 Legislature hereby approves for bond financing by the Tampa
563 Hillsborough County Expressway Authority improvements to toll
564 collection facilities, interchanges to the legislatively
565 approved expressway system, and any other facility appurtenant,
566 necessary, or incidental to the approved system. Subject to
567 terms and conditions of applicable revenue bond resolutions and
568 covenants, such costs financing may be financed in whole or in
569 part by revenue bonds issued under s. 348.56(1)(a) or (b)
570 whether currently issued or issued in the future, or by a
571 combination of such bonds.
572 Section 12. Subsections (1) and (2) of section 348.56,
573 Florida Statutes, are amended to read:
574 348.56 Bonds of the authority.—
575 (1)(a) Bonds may be issued on behalf of the authority under
576 the State Bond Act.
577 (b) Alternatively, the authority shall have the power and
578 is hereby authorized from time to time to issue bonds in such
579 principal amount as, in the opinion of the authority, shall be
580 necessary to provide sufficient moneys for achieving its
581 corporate purposes, including construction, reconstruction,
582 improvement, extension, repair, maintenance and operation of the
583 expressway system, the cost of acquisition of all real property,
584 interest on bonds during construction and for a reasonable
585 period thereafter, establishment of reserves to secure bonds,
586 and all other expenditures of the authority incident to and
587 necessary or convenient to carry out its corporate purposes and
588 powers.
589 (2)(a) Bonds issued by the authority under paragraph (1)(a)
590 or (b) shall be authorized by resolution of the members of the
591 authority and shall bear such date or dates, mature at such time
592 or times, not exceeding 40 years from their respective dates,
593 bear interest at such rate or rates, not exceeding the maximum
594 rate fixed by general law for authorities, be in such
595 denominations, be in such form, either coupon or fully
596 registered, carry such registration, exchangeability and
597 interchangeability privileges, be payable in such medium of
598 payment and at such place or places, be subject to such terms of
599 redemption and be entitled to such priorities of lien on the
600 revenues, other available moneys, and the Hillsborough County
601 gasoline tax funds as such resolution or any resolution
602 subsequent thereto may provide. The bonds shall be executed
603 either by manual or facsimile signature by such officers as the
604 authority shall determine, provided that such bonds shall bear
605 at least one signature which is manually executed thereon. The
606 coupons attached to such bonds shall bear the facsimile
607 signature or signatures of such officer or officers as shall be
608 designated by the authority. Such bonds shall have the seal of
609 the authority affixed, imprinted, reproduced, or lithographed
610 thereon.
611 (b) The bonds issued under paragraph (1)(a) or (b) shall be
612 sold at public sale in the same manner provided by the State
613 Bond Act, and the net interest cost to the authority on such
614 bonds shall not exceed the maximum rate fixed by general law for
615 authorities. However, if the authority, by official action at a
616 public meeting, determines that a negotiated sale of such bonds
617 is in the best interest of the authority, the authority may
618 negotiate the sale of such bonds with the underwriter or
619 underwriters designated by the authority and the Division of
620 Bond Finance of the State Board of Administration with respect
621 to bonds issued pursuant to paragraph (1)(a) or solely by the
622 authority with respect to bonds issued pursuant to paragraph
623 (1)(b). The authority’s determination to negotiate the sale of
624 such bonds may be based, in part, upon the written advice of the
625 authority’s financial adviser. If all bids received on the
626 public sale are rejected, the authority may then proceed to
627 negotiate for the sale of the bonds at a net interest cost which
628 shall be less than the lowest net interest cost stated in the
629 bids rejected at the public sale. Pending the preparation of
630 definitive bonds, temporary bonds or interim certificates may be
631 issued to the purchaser or purchasers of such bonds and may
632 contain such terms and conditions as the authority may
633 determine.
634 Section 13. Section 348.565, Florida Statutes, is amended
635 to read:
636 348.565 Revenue bonds for specified projects.—The existing
637 facilities that constitute the Tampa-Hillsborough County
638 Expressway System are hereby approved to be refinanced by the
639 issuance of revenue bonds issued by the Division of Bond Finance
640 of the State Board of Administration pursuant to s. 11(f), Art.
641 VII of the State Constitution and the State Bond Act, or by
642 revenue bonds issued by the authority under s. 348.56(1)(b). In
643 addition, the following projects of the Tampa-Hillsborough
644 County Expressway Authority are approved to be financed or
645 refinanced by the issuance of revenue bonds in accordance with
646 this part under pursuant to s. 11(f), Art. VII of the State
647 Constitution:
648 (1) Brandon area feeder roads.
649 (2) Capital improvements to the expressway system,
650 including safety and operational improvements and toll
651 collection equipment.
652 (3) Lee Roy Selmon Crosstown Expressway System widening.
653 (4) The connector highway linking the Lee Roy Selmon
654 Crosstown Expressway to Interstate 4.
655 Section 14. Subsection (1) of section 348.57, Florida
656 Statutes, is amended to read:
657 348.57 Refunding bonds.—
658 (1) Subject to public notice as provided in s. 348.54, the
659 authority is authorized to provide by resolution for the
660 issuance from time to time of bonds under s. 348.56(1)(b) for
661 the purpose of refunding any bonds then outstanding regardless
662 of whether the bonds being refunded were issued by the authority
663 under this chapter or on behalf of the authority under the State
664 Bond Act. The authority is further authorized to provide by
665 resolution for the issuance of bonds for the combined purpose
666 of:
667 (a) Paying the cost of constructing, reconstructing,
668 improving, extending, repairing, maintaining and operating the
669 expressway system.
670 (b) Refunding bonds then outstanding. The authorization,
671 sale and issuance of such obligations, the maturities and other
672 details thereof, the rights and remedies of the holders thereof,
673 and the rights, powers, privileges, duties and obligations of
674 the authority with respect to the same shall be governed by the
675 foregoing provisions of this part insofar as the same may be
676 applicable.
677 Section 15. Section 348.70, Florida Statutes, is amended to
678 read:
679 348.70 This part complete and additional authority.—
680 (1) The powers conferred by this part shall be in addition
681 and supplemental to the existing respective powers of the
682 authority, the department, the county and the city, if any, and
683 this part shall not be construed as repealing any of the
684 provisions of any other law, general, special or local, but
685 shall be deemed to supersede such other law or laws in the
686 exercise of the powers provided in this part insofar as such
687 other law or laws are inconsistent with the provisions of this
688 part and to provide a complete method for the exercise of the
689 powers granted herein. The construction, reconstruction,
690 improvement, extension, repair, maintenance and operation of the
691 expressway system, and the issuance of bonds hereunder to
692 finance all or part of the cost thereof, may be accomplished
693 upon compliance with the provisions of this part without regard
694 to or necessity for compliance with the provisions, limitations,
695 or restrictions contained in any other general, special or local
696 law, including, but not limited to, s. 215.821, and no approval
697 of any bonds issued under this part by the qualified electors or
698 qualified electors who are freeholders in the state or in the
699 county or in the city or in any other political subdivision of
700 the state shall be required for the issuance of such bonds.
701 (2) This part does not repeal, rescind, or modify any other
702 law or laws relating to the State Board of Administration, the
703 Department of Transportation, or the Division of Bond Finance of
704 the State Board of Administration, but supersedes any other law
705 or laws that are inconsistent with the provisions of this part,
706 including, but not limited to, s. 215.821.
707 Section 16. Part XI of chapter 348, Florida Statutes,
708 consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
709 348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
710 348.9960, and 348.9961, is created to read:
711 348.9950 Short title.—This part may be cited as the
712 “Osceola County Expressway Authority Law.”
713 348.9951 Definitions.—Terms used in this part, except where
714 the context clearly indicates otherwise, shall have the same
715 meanings as those defined in the Florida Expressway Authority
716 Act.
717 348.9952 Osceola County Expressway Authority.—
718 (1) There is created a body politic and corporate, an
719 agency of the state, to be known as the Osceola County
720 Expressway Authority.
721 (2)(a) The governing body of the authority shall consist of
722 six members. Five members must be residents of Osceola County,
723 three of whom shall be appointed by the governing body of the
724 county and two of whom shall be appointed by the Governor. The
725 sixth member shall be the district secretary of the department
726 serving in the district that includes Osceola County, who shall
727 serve as an ex officio, nonvoting member. The term of each
728 appointed member shall be for 4 years, except that the first
729 term of the initial members appointed by the Governor shall be 2
730 years each. Each appointed member shall hold office until his or
731 her successor has been appointed and has qualified. A vacancy
732 occurring during a term shall be filled only for the balance of
733 the unexpired term. Each appointed member of the authority shall
734 be a person of outstanding reputation for integrity,
735 responsibility, and business ability, but a person who is an
736 officer or employee of any municipality or of Osceola County in
737 any other capacity may not be an appointed member of the
738 authority. A member of the authority is eligible for
739 reappointment.
740 (b) Members of the authority may be removed from office by
741 the Governor for misconduct, malfeasance, or nonfeasance in
742 office.
743 (3)(a) The authority shall elect one of its members as
744 chair. The authority shall also elect a secretary and a
745 treasurer, who may be members of the authority. The chair,
746 secretary, and treasurer shall hold such offices at the will of
747 the authority.
748 (b) Three members of the authority constitute a quorum, and
749 the vote of three members is necessary for any action taken by
750 the authority. A vacancy in the authority does not impair the
751 right of a quorum of the authority to exercise all of the rights
752 and perform all of the duties of the authority.
753 (4)(a) The authority may employ an executive secretary, an
754 executive director, its own counsel and legal staff, technical
755 experts, engineers, and other employees, permanent or temporary,
756 as it may require, and may determine the qualifications and fix
757 the compensation of such persons, firms, or corporations.
758 Additionally, the authority may employ a fiscal agent or agents.
759 However, the authority shall solicit sealed proposals from at
760 least three persons, firms, or corporations for the performance
761 of any services as fiscal agents. The authority may delegate to
762 one or more of its agents or employees such of its power as it
763 deems necessary to carry out the purposes of this part, subject
764 always to the supervision and control of the authority.
765 (b) Members of the authority are entitled to receive from
766 the authority their travel and other necessary expenses incurred
767 in connection with the business of the authority as provided in
768 s. 112.061, but members shall not draw salaries or other
769 compensation.
770 (c) The department is not required to grant funds for
771 startup costs to the authority. However, the governing body of
772 the county may provide funds for such startup costs.
773 (d) The authority shall cooperate with and participate in
774 any efforts to establish a regional expressway authority.
775 348.9953 Purposes and powers.—The purposes and powers of
776 the authority shall be the same as those identified in the
777 Florida Expressway Authority Act. In implementing this act, the
778 authority shall institute procedures to encourage the awarding
779 of contracts for professional services and construction to
780 certified minority business enterprises as defined in s.
781 288.703. The authority shall develop and implement activities to
782 encourage the participation of certified minority business
783 enterprises in the contracting process.
784 348.9954 Bonds.—Bonds may be issued on behalf of the
785 authority as provided by the State Bond Act and subject to the
786 provisions of the Florida Expressway Authority Act.
787 348.9955 Lease-purchase agreement.—The authority may enter
788 into lease-purchase agreements with the department as provided
789 in the Florida Expressway Authority Act.
790 348.9956 Department may be appointed agent of authority for
791 construction.—The authority may appoint the department as its
792 agent as provided in the Florida Expressway Authority Act.
793 348.9957 Acquisition of lands and property.—The authority
794 may acquire such rights, title, or interest in private or public
795 property and such property rights, including easements, rights
796 of access, air, view, and light by gift, devise, purchase, or
797 condemnation by eminent domain proceedings as the authority may
798 deem necessary for the purposes of this part and subject to the
799 provisions of the Florida Expressway Authority Act.
800 348.9958 Cooperation with other units, boards, agencies,
801 and individuals.—Any county, municipality, drainage district,
802 road and bridge district, school district, or other political
803 subdivision, board, commission, or individual in or of the state
804 may make and enter into any contract, lease, conveyance,
805 partnership, or other agreement with the authority within the
806 provisions and for purposes of this part. The authority may make
807 and enter into any contract, lease, conveyance, partnership, or
808 other agreement with any political subdivision, agency, or
809 instrumentality of the state or any federal agency, corporation,
810 or individual for the purpose of carrying out the provisions of
811 this part.
812 348.9959 Legislative intent; covenant of the state.—It is
813 the intent of the Legislature that the state pledge to and agree
814 with any person, firm, corporation, or federal or state agency
815 subscribing to or acquiring the bonds to be issued by the
816 authority for the purposes of this part that the state will not
817 limit or alter the rights hereby vested in the authority and the
818 department until all bonds at any time issued together with the
819 interest thereon are fully paid and discharged insofar as the
820 same affects the rights of the holders of bonds issued
821 hereunder. It is also the intent of the Legislature that the
822 state further pledge to and agree with the United States that in
823 the event any federal agency shall construct or contribute any
824 funds for the completion, extension, or improvement of the
825 Osceola County Expressway System, or any part or portion
826 thereof, the state will not alter or limit the rights and powers
827 of the authority and the department in any manner that would be
828 inconsistent with the continued maintenance and operation of the
829 Osceola County Expressway System, or the completion, extension,
830 or improvement thereof, or that would be inconsistent with the
831 due performance of any agreements between the authority and any
832 such federal agency. The authority and the department shall
833 continue to have and may exercise all powers herein granted so
834 long as the same shall be necessary or desirable for the
835 carrying out of the purposes of this part and the purposes of
836 the United States in the completion, extension, or improvement
837 of the Osceola County Expressway System or any part or portion
838 thereof.
839 348.9960 Exemption from taxation.—As provided under and
840 limited by the Florida Expressway Authority Act, the Osceola
841 County Expressway authority is not required to pay taxes or
842 assessments of any kind or nature whatsoever upon any property
843 acquired by it or used by it for such purpose or upon revenues
844 at any time received by it.
845 348.9961 Automatic dissolution.—If, before January 1, 2020,
846 the authority has not encumbered any funds to further its
847 purposes and powers as authorized in s. 348.9953 to establish
848 the system, or upon the inclusion of the geographic area served
849 by the authority within any multicounty regional transportation
850 authority statutorily created after July 1, 2010, the Osceola
851 County Expressway Authority is dissolved.
852 Section 17. Sections 479.01, 479.015, 479.02, 479.03,
853 479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
854 479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
855 479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
856 are designated as part I of chapter 479, Florida Statutes.
857 Section 18. Subsection (3) of section 479.01, Florida
858 Statutes, is amended, and subsections (28), (29), (30), and (31)
859 are added to that section, to read:
860 479.01 Definitions.—As used in this chapter, the term:
861 (3) “Commercial or industrial zone” means a parcel of land
862 designated for commercial or industrial use under both the
863 future land use map of the comprehensive plan and the land use
864 development regulations adopted pursuant to chapter 163. If a
865 parcel is located in an area designated for multiple uses on the
866 future land use map of a comprehensive plan and the zoning
867 category of the land development regulations does do not
868 specifically clearly designate that parcel for commercial or
869 industrial uses a specific use, the area will be considered an
870 unzoned commercial or industrial area if it meets the criteria
871 of subsection (23).
872 (28) “Allowable uses” means those uses that are authorized
873 within a zoning category without the requirement to obtain a
874 variance or waiver. The term includes conditional uses and those
875 allowed by special exception, but does not include uses that are
876 accessory, incidental to the allowable uses, or allowed only on
877 a temporary basis.
878 (29) “Commercial use” means activities associated with the
879 sale, rental, or distribution of products or the performance of
880 services. The term includes, but is not limited to, such uses or
881 activities as retail sales, wholesale sales, rentals of
882 equipment, goods, or products, offices, restaurants, food
883 service vendors, sports arenas, theaters, and tourist
884 attractions.
885 (30) “Industrial use” means activities associated with the
886 manufacture, assembly, processing, or storage of products, or
887 the performance of services relating thereto. The term includes,
888 but is not limited to, such uses or activities as automobile
889 manufacturing or repair, boat manufacturing or repair, junk
890 yards, meat packing facilities, citrus processing and packing
891 facilities, produce processing and packing facilities,
892 electrical generating plants, water treatment plants, sewage
893 treatment plants, and solid waste disposal sites.
894 (31) “Zoning category” means the designation under the Land
895 Development Regulations or other similar ordinance enacted to
896 regulate the use of land, as provided in s. 163.3202(2)(b),
897 which sets forth the allowable uses, restrictions, and
898 limitations on use applicable to properties within the category.
899 Section 19. Sections 479.261, 479.262, 479.27, 479.28, and
900 479.30, Florida Statutes, are designated as part II of chapter
901 479, Florida Statutes.
902 Section 20. Part III of chapter 479, Florida Statutes,
903 consisting of sections 479.310, 479.311, 479.312, 479.313, and
904 479.314, is created to read:
905 479.310 Legislative intent.—It is the intent of the
906 Legislature that this part relieve the Department of
907 Transportation from the financial burden incurred in the removal
908 of unpermitted and illegal signs located within the controlled
909 areas adjacent to the state highway system, interstate, or
910 federal-aid primary system; to place the financial
911 responsibility for the cost of such removal directly upon those
912 benefiting from the location and operation of such unpermitted
913 and illegal signs; and to provide clear authority to the
914 department for the recovery of costs incurred by the department
915 in the removal of such unpermitted and illegal signs.
916 479.311 Jurisdiction; venue.—The county court shall have
917 jurisdiction concurrent with the circuit court to consider
918 claims filed by the department in amounts that are within their
919 jurisdictional limitations. Venue shall be in Leon County for
920 the purpose of a claim filed by the department to recover its
921 costs as provided in this section.
922 479.312 Unpermitted signs; cost of removal.—All costs
923 incurred by the department in connection with the removal of a
924 sign located within a controlled area adjacent to the interstate
925 highway system, the federal-aid primary highway system, or the
926 state highway system shall be assessed against and collected
927 from the following persons if they have not been issued a permit
928 under part I of this chapter:
929 (1) The owner of the sign;
930 (2) The advertiser displayed on the sign; or
931 (3) The owner of the property upon which the sign is
932 located.
933
934 For the purpose of this subsection, a sign that does not display
935 the name of the owner of the sign shall be presumed to be owned
936 by the owner of the property upon which the sign is located.
937 479.313 Permit revocation; cost of removal.—All costs
938 incurred by the department in connection with the removal of a
939 sign located within a controlled area adjacent to the interstate
940 highway system, the federal-aid primary highway system, or the
941 state highway system following the revocation of the permit for
942 such sign shall be assessed against and collected from the
943 permittee.
944 479.314 Highway rights-of-way; cost of sign removal.—All
945 costs incurred by the department in connection with the removal
946 of a sign located within a right-of-way of the interstate
947 highway system, the federal-aid primary highway system, or the
948 state highway system shall be assessed against and collected
949 from the owner of the sign or the advertiser displayed on the
950 sign.
951 Section 21. Section 705.18, Florida Statutes, is amended to
952 read:
953 705.18 Disposal of personal property lost or abandoned on
954 university or community college campuses or certain public-use
955 airports; disposition of proceeds from sale thereof.—
956 (1) Whenever any lost or abandoned personal property is
957 shall be found on a campus of an institution in the State
958 University System or a campus of a state-supported community
959 college, or on premises owned or controlled by the operator of a
960 public-use airport having regularly scheduled international
961 passenger service, the president of the institution or the
962 president’s designee or the director of the airport or the
963 director’s designee shall take charge thereof and make a record
964 of the date such property was found. If, within 30 days after
965 such property is found, or a longer period of time as may be
966 deemed appropriate by the president or the director under the
967 circumstances, the property it is not claimed by the owner, the
968 president or director shall order it sold at public outcry after
969 giving notice of the time and place of sale in a publication of
970 general circulation on the campus of such institution or within
971 the county where the airport is located and written notice to
972 the owner if known. The rightful owner of such property may
973 reclaim the same at any time prior to sale.
974 (2) All moneys realized from such institution’s sale shall
975 be placed in an appropriate fund and used solely for student
976 scholarship and loan purposes. All moneys realized from such
977 sale by an airport, less its costs of storage, transportation,
978 and publication of notice, shall, unless another use is required
979 by federal law, be deposited into the state school fund.
980 Section 22. Section 705.182, Florida Statutes, is created
981 to read:
982 705.182 Disposal of personal property found on the premises
983 of public-use airports.—
984 (1) Whenever any personal property, other than aircraft or
985 motor vehicles, is found on premises owned or controlled by the
986 operator of a public-use airport, the director of the airport or
987 the director’s designee shall take charge thereof and make a
988 record of the date such property was found.
989 (2) If within 30 calendar days after such property is
990 found, or for such longer period of time as may be deemed
991 appropriate by the director or the director’s designee, under
992 the circumstances, the property is not claimed by the owner, the
993 director or the director’s designee may:
994 (a) Retain any or all of the property for the airport’s own
995 use or for use by the state or unit of local government owning
996 or operating the airport;
997 (b) Trade such property to another unit of local government
998 or state agency;
999 (c) Donate the property to a charitable organization;
1000 (d) Sell the property; or
1001 (e) Dispose of the property through an appropriate refuse
1002 removal company or a company that provides salvage services for
1003 the type of personal property found or located on the airport.
1004
1005 The airport shall notify the owner, if known, of property found
1006 on the airport and that the airport intends to dispose of the
1007 property in any of the manners permitted in this section.
1008 (3) If the airport elects to sell the property pursuant to
1009 paragraph (2)(d), the property must be sold at a public auction
1010 on the Internet or at a specified physical location after giving
1011 notice of the time and place of sale, at least 10 calendar days
1012 before the date of sale, in a publication of general circulation
1013 within the county where the airport is located and after written
1014 notice via certified mail, return receipt requested, is provided
1015 to the owner, if known. Any such notice is deemed sufficient if
1016 the notice refers to the airport’s intention to sell all then
1017 accumulated found property, and the notice need not identify
1018 each item to be sold. The rightful owner of such property may
1019 reclaim the property at any time before sale by presenting to
1020 the airport director or the director’s designee acceptable
1021 evidence of ownership. All proceeds from the sale of the
1022 property shall be retained by the airport for use by the airport
1023 in any lawfully authorized manner.
1024 (4) This section does not preclude the airport from
1025 allowing a domestic or international air carrier or other tenant
1026 on premises owned or controlled by the operator of a public-use
1027 airport from establishing its own lost and found procedures for
1028 personal property and from disposing of such personal property.
1029 (5) A purchaser or recipient in good faith of personal
1030 property sold or obtained under this section takes the property
1031 free of the rights of persons then holding any legal or
1032 equitable interest thereto, regardless of whether such interest
1033 is recorded.
1034 Section 23. Section 705.183, Florida Statutes, is created
1035 to read:
1036 705.183 Disposal of derelict or abandoned aircraft on the
1037 premises of public-use airports.—
1038 (1) Whenever any derelict or abandoned aircraft is found or
1039 located on premises owned or controlled by the operator of a
1040 public-use airport, whether such premises are under a lease or
1041 license to third parties, the director of the airport or the
1042 director’s designee shall make a record of the date such
1043 aircraft was found or determined to be present on the airport.
1044 The term “derelict aircraft” means any aircraft that is not in a
1045 flyable condition, does not have a current certificate of air
1046 worthiness issued by the Federal Aviation Administration, or is
1047 not in the process of actively being repaired. The term
1048 “abandoned aircraft” means an aircraft that has been disposed of
1049 on a public-use airport in a wrecked, inoperative, or partially
1050 dismantled condition, or an aircraft that has remained in an
1051 idle state on the premises owned or controlled by the operator
1052 of a public-use airport for 45 consecutive calendar days.
1053 (2) The director or the director’s designee shall contact
1054 the Aircraft Registration Branch of the Federal Aviation
1055 Administration in order to determine the name and address of the
1056 last registered aircraft owner and make a diligent personal
1057 search of the appropriate records, or contact an aircraft title
1058 search company, in order to determine the name and address of
1059 any person having an equitable or legal interest in the
1060 aircraft. Within 10 business days after receipt of this
1061 information, the director or the director’s designee shall
1062 notify the owner and all persons having an equitable or legal
1063 interest in the aircraft by certified mail, return receipt
1064 requested, advising them of the location of the derelict or
1065 abandoned aircraft on the airport; that fees and charges for the
1066 use of the airport by the aircraft have accrued and the amount
1067 thereof; that the aircraft is subject to a lien as provided in
1068 subsection (5) for the accrued fees and charges for the use of
1069 the airport and for the transportation, storage, and removal of
1070 the aircraft; that the lien is subject to enforcement pursuant
1071 to law; and that the airport may cause the use, trade, sale, or
1072 removal of the aircraft as described in s. 705.182(2)(a), (b),
1073 (d), and (e) if, within 30 calendar days after the date of
1074 receipt of such notice, the aircraft has not been removed from
1075 the airport upon payment in full of all accrued fees and charges
1076 for the use of the airport and for the transportation, storage,
1077 and removal of the aircraft. Such notice may require removal of
1078 the aircraft in less than 30 calendar days if the aircraft poses
1079 a danger to the health or safety of users of the airport, as
1080 determined by the director or the director’s designee.
1081 (3) If the owner of the aircraft is unknown or cannot be
1082 found, the director or the director’s designee shall cause a
1083 laminated notice to be placed upon such aircraft in
1084 substantially the following form:
1085
1086 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
1087 ATTACHED PROPERTY. This property, to wit: ...(setting
1088 forth brief description)... is unlawfully upon public
1089 property known as ...(setting forth brief description
1090 of location)... and has accrued fees and charges for
1091 the use of the ...(same description of location as
1092 above)... and for the transportation, storage, and
1093 removal of the property. These accrued fees and
1094 charges must be paid in full and the property must be
1095 removed within 30 calendar days following the date of
1096 this notice; otherwise, the property will be removed
1097 and disposed of pursuant to chapter 705, Florida
1098 Statutes. The property is subject to a lien for all
1099 accrued fees and charges for the use of the public
1100 property known as ...(same description of location as
1101 above)... by such property and for all fees and
1102 charges incurred by the public property known as
1103 ...(same description of location as above)... for the
1104 transportation, storage, and removal of the property.
1105 This lien is subject to enforcement pursuant to law.
1106 The owner will be liable for these fees and charges,
1107 as well as the cost for publication of this notice.
1108 Dated this: ...(setting forth the date of posting of
1109 notice)...., signed: ...(setting forth name, title,
1110 address, and telephone number of law enforcement
1111 officer)....
1112
1113 Such notice must be at least 8 inches by 10 inches and
1114 sufficiently weatherproof to withstand normal exposure to the
1115 elements. If, at the end of 30 calendar days after posting the
1116 notice, the owner or any person interested in the derelict or
1117 abandoned aircraft described has not removed the aircraft from
1118 the airport upon payment in full of all accrued fees and charges
1119 for the use of the airport and for the transportation, storage,
1120 and removal of the aircraft, or shown reasonable cause for
1121 failure to do so, the director or the director’s designee may
1122 cause the use, trade, sale, or removal of the aircraft as
1123 described in s. 705.182(2)(a), (b), (d), and (e).
1124 (4) Such aircraft shall be removed within the time period
1125 specified in the notice provided under subsection (2) or (3).
1126 If, at the end of such period, the owner or any person
1127 interested in the derelict or abandoned aircraft has not removed
1128 the aircraft from the airport upon payment in full of all
1129 accrued fees and charges for the use of the airport and for the
1130 transportation, storage, and removal of the aircraft, or shown
1131 reasonable cause for the failure to do so, the director or the
1132 director’s designee may cause the use, trade, sale, or removal
1133 of the aircraft as described in s. 705.182(2)(a), (b), (d), and
1134 (e).
1135 (a) If the airport elects to sell the aircraft in
1136 accordance with s. 705.182(2)(d), the aircraft must be sold at
1137 public auction after giving notice of the time and place of sale
1138 at least 10 calendar days before the date of sale in a
1139 publication of general circulation within the county where the
1140 airport is located and after providing written notice of the
1141 intended sale to all parties known to have an interest in the
1142 aircraft.
1143 (b) If the airport elects to dispose of the aircraft in
1144 accordance with s. 705.182(2)(e), the airport may negotiate with
1145 the company for a price to be received from such company in
1146 payment for the aircraft, or, if circumstances warrant, a price
1147 to be paid to such company by the airport for the costs of
1148 disposing of the aircraft. All information pertaining to the
1149 establishment of such price and the justification for the amount
1150 of such price shall be prepared and maintained by the airport,
1151 and such negotiated price shall be deemed to be a commercially
1152 reasonable price.
1153 (c) If the sale price or the negotiated price is less than
1154 the airport’s then-current charges and costs against the
1155 aircraft, or if the airport is required to pay the salvage
1156 company for its services, the owner of the aircraft remains
1157 liable to the airport for the airport’s costs that are not
1158 offset by the sale price or negotiated price, in addition to the
1159 owner’s liability for payment to the airport of the price the
1160 airport was required to pay any salvage company. All costs
1161 incurred by the airport in the removal, storage, and sale of any
1162 aircraft are recoverable against the owner thereof.
1163 (5) The airport has a lien on derelict or abandoned
1164 aircraft for all fees and charges for the use of the airport by
1165 such aircraft and for all fees and charges incurred by the
1166 airport for the transportation, storage, and removal of the
1167 aircraft. As a prerequisite to perfecting a lien under this
1168 section, the airport director or the director’s designee must
1169 serve a notice in accordance with subsection (2) on the last
1170 registered owner and all persons having an equitable or legal
1171 interest in the aircraft. The serving of the notice does not
1172 dispense with recording the claim of lien.
1173 (6)(a) For the purpose of perfecting its lien under this
1174 section, the airport shall record a claim of lien which must
1175 state:
1176 1. The name and address of the airport.
1177 2. The name of the last registered aircraft owner and all
1178 persons having a legal or equitable interest in the aircraft.
1179 3. The fees and charges incurred by the aircraft for the
1180 use of the airport, and the fees and charges for the
1181 transportation, storage, and removal of the aircraft.
1182 4. A description of the aircraft sufficient for
1183 identification.
1184 (b) The claim of lien shall be signed and sworn to or
1185 affirmed by the airport director or the director’s designee.
1186 (c) The claim of lien shall be sufficient if it is in
1187 substantially the following form:
1188
1189 CLAIM OF LIEN
1190 State of ....
1191 County of ....
1192 Before me, the undersigned notary public, personally
1193 appeared ........, who was duly sworn and says that he/she is
1194 the .... of ........, whose address is ........; and that the
1195 following described aircraft:
1196 (Description of aircraft)
1197 owned by ................, whose address is ........, has
1198 accrued $.... in fees and charges for the use by the aircraft of
1199 ........ and for the transportation, storage, and removal of the
1200 aircraft from ........; that the lienor served its notice to the
1201 last registered owner and all persons having a legal or
1202 equitable interest in the aircraft on ...., ...(year)..., by
1203 .........
1204 ...(Signature)...
1205 Sworn to (or affirmed) and subscribed before me this ....
1206 day of ....,...(year)..., by ...(name of person making
1207 statement)....
1208 ...(Signature of Notary Public)......(Print, Type, or Stamp
1209 Commissioned name of Notary Public)...
1210 ...Personally Known or Produced as Identification....
1211
1212 However, the negligent inclusion or omission of any information
1213 in this claim of lien which does not prejudice the last
1214 registered owner does not constitute a default that operates to
1215 defeat an otherwise valid lien.
1216 (d) The claim of lien shall be served on the last
1217 registered aircraft owner and all persons having an equitable or
1218 legal interest in the aircraft. The claim of lien shall be
1219 served before recordation.
1220 (e) The claim of lien shall be recorded in the clerk’s
1221 office. The recording of the claim of lien constitutes
1222 constructive notice to all persons of the contents and effect of
1223 such claim. The lien attaches at the time of recordation and
1224 takes priority as of that time.
1225 (7) A purchaser or recipient in good faith of an aircraft
1226 sold or obtained under this section takes the property free of
1227 the rights of persons then holding any legal or equitable
1228 interest thereto, whether recorded or not. The purchaser or
1229 recipient shall notify the appropriate Federal Aviation
1230 Administration office of such change in the registered owner of
1231 the aircraft.
1232 (8) If the aircraft is sold at public sale, the airport
1233 shall deduct from the proceeds of sale the costs of
1234 transportation, storage, and publication of notice and all other
1235 costs reasonably incurred by the airport, and any balance of the
1236 proceeds shall be deposited into an interest-bearing account
1237 within 30 calendar days after the airport’s receipt of the
1238 proceeds and held there for 1 year. The rightful owner of the
1239 aircraft may claim the balance of the proceeds within 1 year
1240 after the date of the deposit by making application to the
1241 airport and presentation to the airport’s director or the
1242 director’s designee of acceptable written evidence of ownership.
1243 If no rightful owner comes forward with a claim to the proceeds
1244 within the 1-year period, the balance of the proceeds shall be
1245 retained by the airport to be used in any legally authorized
1246 manner.
1247 (9) Any person acquiring a legal interest in an aircraft
1248 that is sold by an airport under the provisions of s. 705.182 or
1249 this section is the lawful owner of such aircraft and all other
1250 legal or equitable interests in such aircraft are divested and
1251 of no further force and effect if the holder of any such legal
1252 or equitable interest was notified of the intended disposal of
1253 the aircraft to the extent required in this section. The airport
1254 may issue documents of disposition to the purchaser or recipient
1255 of an aircraft disposed of under this section.
1256 Section 24. Section 705.184, Florida Statutes, is created
1257 to read:
1258 705.184 Derelict or abandoned motor vehicles on the
1259 premises of public-use airports.—
1260 (1) Whenever any derelict or abandoned motor vehicle is
1261 found on premises owned or controlled by the operator of a
1262 public-use airport, including airport premises leased to third
1263 parties, the director of the airport or the director’s designee
1264 may take charge thereof and make a record of the date such motor
1265 vehicle was found. The term “derelict motor vehicle” means any
1266 motor vehicle that is not in a drivable condition. The term
1267 “abandoned motor vehicle” means a motor vehicle that has been
1268 disposed of on a public-use airport in a wrecked, inoperative,
1269 or partially dismantled condition, or a motor vehicle that has
1270 remained in an idle state on a public-use airport for 45
1271 consecutive calendar days. After the information relating to the
1272 derelict or abandoned motor vehicle is recorded in the airport’s
1273 records, the director or the director’s designee may cause the
1274 motor vehicle to be removed from airport premises by the
1275 airport’s own wrecker or by a licensed independent wrecking
1276 company and stored at a suitable location on or off the airport
1277 premises. If the director or the director’s designee causes the
1278 motor vehicle to be removed from airport premises by the
1279 airport’s own wrecker, the airport is subject to the procedures
1280 set forth in subsections (2)–(8). If the director or the
1281 director’s designee causes the motor vehicle to be removed from
1282 the airport premises by a licensed independent wrecking company,
1283 the airport is not subject to the procedures set forth in
1284 subsections (2)–(8).
1285 (2) The airport director or the director’s designee shall
1286 contact the Department of Highway Safety and Motor Vehicles in
1287 order to notify the department that the airport has possession
1288 of the subject motor vehicle and in order to determine the name
1289 and address of the owner of the motor vehicle, the insurance
1290 company insuring the motor vehicle notwithstanding the
1291 provisions of s. 627.736, and any person who has filed a lien on
1292 the motor vehicle. Within 7 business days after receipt of this
1293 information, the director or the director’s designee shall send
1294 notice by certified mail, return receipt requested, to the owner
1295 of the motor vehicle, the insurance company insuring the motor
1296 vehicle notwithstanding the provisions of s. 627.736, and all
1297 persons of record claiming a lien against the motor vehicle. The
1298 notice must state the fact of possession of the motor vehicle;
1299 that charges for a reasonable tow fee, a reasonable storage fee,
1300 or accrued parking fees, if any, have accrued and the amount
1301 thereof; that a lien as provided in subsection (6) will be
1302 claimed; that the lien is subject to enforcement pursuant to
1303 law; that the owner or lienholder, if any, has the right to a
1304 hearing as set forth in subsection (4); and that any motor
1305 vehicle which, at the end of 30 calendar days after receipt of
1306 the notice, has not been removed from the airport upon payment
1307 in full of all accrued charges for a reasonable tow fee, a
1308 reasonable storage fee, and parking fees, if any, may be
1309 disposed of in any of the manners set forth in s. 705.182(2)(a),
1310 (b), (d), and (e), including, but not limited to, the motor
1311 vehicle being sold free of all prior liens after 35 calendar
1312 days after the date on which the motor vehicle is stored if any
1313 prior liens on the motor vehicle are more than 5 years of age,
1314 or after 50 calendar days after the date on which the motor
1315 vehicle is stored if any prior liens on the motor vehicle are 5
1316 years of age or less.
1317 (3) If attempts to notify the owner or lienholder pursuant
1318 to subsection (2) prove unsuccessful, the requirement of notice
1319 by mail is deemed met and the director or the director’s
1320 designee, in accordance with the requirements of subsection (5),
1321 may cause the motor vehicle to be disposed of in any of the
1322 manners set forth in s. 705.182(2)(a), (b), (d), and (e),
1323 including, but not limited to, the motor vehicle being sold free
1324 of all prior liens after 35 calendar days after the date on
1325 which the motor vehicle is stored if any prior liens on the
1326 motor vehicle are more than 5 years of age, or after 50 calendar
1327 days after the date on which the motor vehicle is stored if any
1328 prior liens on the motor vehicle are 5 years of age or less.
1329 (4)(a) The owner of, or any person with a lien on, a motor
1330 vehicle removed pursuant to subsection (1) within 10 calendar
1331 days after he or she obtains knowledge of the location of the
1332 motor vehicle, may file a complaint in the county court of the
1333 county in which the motor vehicle is stored to determine if his
1334 or her property was wrongfully taken or withheld.
1335 (b) Upon filing a complaint, an owner or lienholder may
1336 have his or her motor vehicle released upon posting with the
1337 court a cash or surety bond or other adequate security equal to
1338 the amount of the fees for towing, storage, and accrued parking,
1339 if any, to ensure the payment of such fees in the event he or
1340 she does not prevail. Upon the posting of the bond or other
1341 adequate security and the payment of any applicable fee, the
1342 clerk of the court shall issue a certificate notifying the
1343 airport of the posting of the bond or other adequate security
1344 and directing the airport to release the motor vehicle. At the
1345 time of such release, after reasonable inspection, the owner or
1346 lienholder shall give a receipt to the airport reciting any
1347 claims he or she has for loss or damage to the motor vehicle or
1348 the contents thereof.
1349 (5) If, after 30 calendar days after receipt of the notice,
1350 the owner or any person claiming a lien has not removed the
1351 motor vehicle from its storage location upon payment in full of
1352 all accrued charges for a reasonable tow fee, a reasonable
1353 storage fee, and parking fees, if any, or shown reasonable cause
1354 for the failure to do so, the airport director or the director’s
1355 designee may dispose of the motor vehicle by any of the manners
1356 set forth in s. 705.182(2)(a), (b), (d), and (e). If the airport
1357 elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
1358 the motor vehicle may be sold free of all prior liens after 35
1359 calendar days after the date on which the motor vehicle is
1360 stored if any prior liens on the motor vehicle are more than 5
1361 years of age, or after 50 calendar days after the date on which
1362 the motor vehicle is stored if any prior liens on the motor
1363 vehicle are 5 years of age or less. The sale shall be a public
1364 auction on the Internet or at a specified physical location. If
1365 the date of the sale was not included in the notice required in
1366 subsection (2), notice of the sale sent by certified mail,
1367 return receipt requested, shall be given to the owner of the
1368 motor vehicle and to all persons claiming a lien on the motor
1369 vehicle. Such notice shall be mailed at least 10 calendar days
1370 before the date of the sale. In addition to the notice by mail,
1371 public notice of the time and place of the sale at auction shall
1372 be made by publishing a notice thereof one time, at least 10
1373 calendar days before the date of sale, in a newspaper of general
1374 circulation in the county in which the sale is to be held. All
1375 costs incurred by the airport for the towing, storage, and sale
1376 of the motor vehicle, as well as all accrued parking fees, if
1377 any, shall be recovered by the airport from the proceeds of the
1378 sale, and any proceeds of the sale in excess of these costs
1379 shall be retained by the airport for use by the airport in any
1380 lawfully authorized manner.
1381 (6) Pursuant to this section, the airport or, if used, a
1382 licensed independent wrecking company pursuant to s. 713.78, has
1383 a lien on a derelict or abandoned motor vehicle for a reasonable
1384 tow fee, a reasonable storage fee, and all accrued parking fees,
1385 if any; except that a storage fee may not be charged if the
1386 vehicle is stored less than 6 hours. As a prerequisite to
1387 perfecting a lien under this section, the airport director or
1388 the director’s designee must serve a notice in accordance with
1389 subsection (2) on the owner of the motor vehicle, the insurance
1390 company insuring the motor vehicle notwithstanding the
1391 provisions of s. 627.736, and all persons of record claiming a
1392 lien against the motor vehicle. If attempts to notify the owner,
1393 the insurance company insuring the motor vehicle notwithstanding
1394 the provisions of s. 627.736, or lienholders prove unsuccessful,
1395 the requirement of notice by mail will be considered met. The
1396 serving of the notice does not dispense with recording the claim
1397 of lien.
1398 (7)(a) For the purpose of perfecting its lien under this
1399 section, the airport shall record a claim of lien, which must
1400 state:
1401 1. The name and address of the airport.
1402 2. The name of the owner of the motor vehicle, the
1403 insurance company insuring the motor vehicle notwithstanding the
1404 provisions of s. 627.736, and all persons of record claiming a
1405 lien against the motor vehicle.
1406 3. The fees incurred for a reasonable tow, reasonable
1407 storage, and parking, if any.
1408 4. A description of the motor vehicle sufficient for
1409 identification.
1410 (b) The claim of lien shall be signed and sworn to or
1411 affirmed by the airport director or the director’s designee.
1412 (c) The claim of lien is sufficient if it is in
1413 substantially the following form:
1414
1415 CLAIM OF LIEN
1416 State of ....
1417 County of ....
1418 Before me, the undersigned notary public, personally
1419 appeared ........, who was duly sworn and says that he/she is
1420 the ........ of ........, whose address is ........; and that
1421 the following described motor vehicle:
1422 ...(Description of motor vehicle)...
1423 owned by ........, whose address is ........, has accrued
1424 $.... in fees for a reasonable tow, for storage, and for
1425 parking, if applicable; that the lienor served its notice to the
1426 owner, the insurance company insuring the motor vehicle
1427 notwithstanding the provisions of s. 627.736, and all persons of
1428 record claiming a lien against the motor vehicle on ....,
1429 ...(year)..., by .........
1430 ...(Signature)...
1431 Sworn to (or affirmed) and subscribed before me this ....
1432 day of ...., ...(year)..., by ...(name of person making
1433 statement)....
1434 ...(Signature of Notary Public)...(...Print, Type, or Stamp
1435 Commissioned name of Notary Public)...
1436 ...Personally Known or Produced as Identification....
1437
1438 However, the negligent inclusion or omission of any information
1439 in this claim of lien which does not prejudice the owner does
1440 not constitute a default that operates to defeat an otherwise
1441 valid lien.
1442 (d) The claim of lien shall be served on the owner of the
1443 motor vehicle, the insurance company insuring the motor vehicle
1444 notwithstanding the provisions of s. 627.736, and all persons of
1445 record claiming a lien against the motor vehicle. If attempts to
1446 notify the owner, the insurance company insuring the motor
1447 vehicle notwithstanding the provisions of s. 627.736, or
1448 lienholders prove unsuccessful, the requirement of notice by
1449 mail will be deemed met. The claim of lien shall be served
1450 before recordation.
1451 (e) The claim of lien shall be recorded in the clerk’s
1452 office. The recording of the claim of lien is constructive
1453 notice to all persons of the contents and effect of such claim.
1454 The lien attaches at the time of recordation and takes priority
1455 as of that time.
1456 (8) A purchaser or recipient in good faith of a motor
1457 vehicle sold or obtained under this section takes the property
1458 free of the rights of persons then holding any legal or
1459 equitable interest thereto, regardless of whether such interest
1460 is recorded.
1461 Section 25. This act shall take effect July 1, 2010.