Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1180
Barcode 269278
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/30/2011 .
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The Committee on Transportation (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1506 and 1507
4 insert:
5 Section 33. Subsection (4) of section 310.002, Florida
6 Statutes, is amended to read:
7 310.002 Definitions.—As used in this chapter, except where
8 the context clearly indicates otherwise:
9 (4) “Port” means any place in the state into which vessels
10 enter or depart and includes, without limitation, Fernandina,
11 Nassau Inlet, Jacksonville, St. Augustine, Canaveral, Port
12 Citrus, Ft. Pierce, Palm Beach, Port Everglades, Miami, Key
13 West, Boca Grande, Charlotte Harbor, Punta Gorda, Tampa, Port
14 Tampa, Port Manatee, St. Petersburg, Clearwater, Apalachicola,
15 Carrabelle, Panama City, Port St. Joe, and Pensacola.
16 Section 34. Subsection (1) of section 311.09, Florida
17 Statutes, is amended to read:
18 311.09 Florida Seaport Transportation and Economic
19 Development Council.—
20 (1) The Florida Seaport Transportation and Economic
21 Development Council is created within the Department of
22 Transportation. The council consists of the following 18 17
23 members: the port director, or the port director’s designee, of
24 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
25 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
26 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
27 West, and Fernandina; the secretary of the Department of
28 Transportation or his or her designee; the director of the
29 Office of Tourism, Trade, and Economic Development or his or her
30 designee; and the secretary of the Department of Community
31 Affairs or his or her designee.
32 Section 35. Subsection (3) of section 316.075, Florida
33 Statutes, is amended to read:
34 316.075 Traffic control signal devices.—
35 (3)(a) No traffic control signal device shall be used which
36 does not exhibit a yellow or “caution” light between the green
37 or “go” signal and the red or “stop” signal.
38 (b) No traffic control signal device shall display other
39 than the color red at the top of the vertical signal, nor shall
40 it display other than the color red at the extreme left of the
41 horizontal signal.
42 (c) The Department of Transportation shall establish
43 minimum yellow light change interval times for traffic control
44 devices. The minimum yellow light change interval time shall be
45 established in accordance with nationally recognized engineering
46 standards set forth in the Institute of Transportation Engineers
47 Traffic Engineering Handbook, and any such established time may
48 not be less than the recognized national standard.
49 Section 36. Present subsections (3) and (4) of section
50 316.0083, Florida Statutes, are renumbered as subsections (4)
51 and (5), respectively, and a new subsection (3) is added to that
52 section, to read:
53 316.0083 Mark Wandall Traffic Safety Program;
54 administration; report.—
55 (3) A notice of violation and a traffic citation may not be
56 issued pursuant to this section for a violation committed at an
57 intersection where the traffic signal device does not meet all
58 requirements under s. 316.075(3). Any such notice of violation
59 or citation is unenforceable and the court, clerk of court,
60 designated official, or authorized operator of a traffic
61 violations bureau shall dismiss the citation without penalty or
62 assessment of points against the license of the person cited.
63 Section 37. Section 316.2045, Florida Statutes, is
64 repealed.
65 Section 38. Section 316.2046, Florida Statutes, is created
66 to read:
67 316.2046 Obstruction of public streets, highways, and
68 roads.—
69 (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
70 (a) Ensuring public safety on public streets, highways, and
71 roads is an important and substantial state interest.
72 (b) Obstruction of the free flow of traffic on public
73 streets, highways, and roads endangers the public safety.
74 (c) Obtrusive and distracting activities that impede
75 pedestrian traffic adjacent to streets, highways, and roads can
76 also disrupt the free flow of traffic and endanger public
77 safety.
78 (d) Soliciting funds or engaging in a commercial exchange
79 with a person who is in a vehicle that is not stopped in a
80 driveway or designated parking area endangers the safe movement
81 of vehicles.
82 (2) DEFINITIONS.—As used in this section, the term
83 “solicit” means to request employment, business, contributions,
84 donations, sales, or exchanges of any kind.
85 (3) PERMIT REQUIRED.—It is unlawful for any person,
86 willfully and without a permit, to solicit or obstruct the free,
87 convenient, and normal use of any public street, highway, or
88 road by standing or approaching motor vehicles while on or
89 immediately adjacent to the street, highway, or road in a manner
90 that could endanger the safe movement of vehicles or pedestrians
91 traveling thereon.
92 (a) Each county and municipality shall adopt a permitting
93 process that protects public safety but does not impair the
94 rights of free speech, except to the extent necessary to protect
95 public safety. The permitting process must authorize or deny a
96 permit within 2 business days. A permit application denial by a
97 county or municipality shall be in writing and be based on a
98 finding that the proposed activity:
99 1. Increases the likelihood of traffic accidents;
100 2. Violates traffic laws, rules, or ordinances;
101 3. Makes the sidewalk impassable for pedestrians; or
102 4. Significantly increases the likelihood of harm to
103 motorists and passersby.
104 (b) If the county or municipality approves the permit, it
105 must issue to the applicant a document specifying:
106 1. The name and address of the person to whom the permit is
107 granted;
108 2. The name of the company the person represents, if any;
109 and
110 3. The expiration date of the permit.
111 (c) The permitholder must keep the permit on his or her
112 person at all times when engaging in activity authorized by the
113 permit.
114 (d) The cost of the permit may not exceed an amount that is
115 reasonably necessary to administer the permitting process.
116 However, a permit may not be denied to any applicant for lack of
117 financial means, as attested to by a signed affidavit.
118 (4) LOCAL GOVERNMENT JURISDICTION.—For purposes of this
119 section, counties and municipalities have original jurisdiction
120 over non-limited access state roads, and local roads, streets,
121 and highways within their physical jurisdiction. Counties and
122 municipalities may increase the restrictions of the permit
123 program if those restrictions are narrowly tailored to serve an
124 important public purpose. A county or municipality may opt out
125 of the permit program by a majority vote of the members of the
126 county or municipal governing body. This section does not
127 preempt any existing ordinances.
128 (5) EXCEPTIONS.—This section does not:
129 (a) Restrict a person from passively standing or sitting on
130 a public sidewalk and holding a sign if that person does not
131 obstruct the flow of vehicle or pedestrian traffic.
132 (b) Apply to any art festival, parade, fair, or other
133 special event permitted by the appropriate county or
134 municipality where the streets are blocked off from the normal
135 flow of traffic.
136 (c) Apply to:
137 1. Law enforcement officers carrying out their duties;
138 2. Emergency vehicles responding to an emergency or
139 possible emergency;
140 3. Mail-delivery vehicles;
141 4. Service vehicles performing work adjacent to the
142 roadway; and
143 5. Any commercial vehicle that is used solely for the
144 purpose of collecting solid waste or recyclable or recovered
145 materials and that is stopped for the sole purpose of collecting
146 solid waste or recyclable or recovered materials.
147 (6) VIOLATIONS.—Any person who violates the provisions of
148 this section, upon conviction, shall be cited for a pedestrian
149 violation, punishable as provided in chapter 318. An additional
150 $10 shall be added to the fine levied under chapter 318. Moneys
151 collected from this additional $10 fine shall be deposited into
152 the Grants and Donations Trust Fund of the Department of
153 Children and Family Services and used by the State Office on
154 Homelessness to supplement grants made under s. 420.622(4) and
155 (5).
156 (7) ENFORCEMENT.—The Department of Highway Safety and Motor
157 Vehicles and other law enforcement agencies are authorized and
158 directed to enforce this section.
159 Section 39. Section 316.2047, Florida Statutes, is created
160 to read:
161 316.2047 Panhandling.—
162 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
163 panhandling, soliciting, or demanding money, gifts, or donations
164 may interfere with the safe ingress and egress of human and
165 vehicular traffic into public buildings, public areas, and
166 public transportation areas, thereby constituting a threat to
167 the public health, welfare, and safety of the citizenry. The
168 Legislature also finds that aggressive and fraudulent
169 panhandling are threats to public safety and personal security.
170 (2) DEFINITIONS.—As used in this section, the term:
171 (a) “Aggressive panhandling” means to knowingly request
172 money, gifts, or donations:
173 1. By unwanted touching, detaining, impeding, or
174 intimidation;
175 2. Under circumstances that warrant justifiable and
176 reasonable alarm or immediate concern for the safety of persons
177 or property in the vicinity;
178 3. By following the solicited person after that person has
179 made a negative response; or
180 4. By using obscene or abusive language or gestures that
181 are reasonably likely to intimidate or cause fear of bodily
182 harm.
183 (b) “False or misleading representation” means, without
184 limitation:
185 1. Stating that the donation is needed to meet a specific
186 need, when the solicitor already has sufficient funds to meet
187 that need and does not disclose that fact;
188 2. Stating that the solicitor is from out of town and
189 stranded, when such is not true;
190 3. Wearing a military uniform or other indication of
191 military service when the solicitor is not a present or former
192 member of the service indicated;
193 4. Wearing or displaying an indication of physical
194 disability, when the solicitor does not suffer the disability
195 indicated;
196 5. Using any makeup or device to simulate any deformity; or
197 6. Stating that the solicitor is homeless, when he or she
198 is not.
199 (c) “Fraudulent panhandling” means to knowingly make any
200 false or misleading representation in the course of soliciting a
201 donation.
202 (d) “Panhandling” means to:
203 1. Solicit, request, or beg for an immediate donation of
204 money or something else of value; or
205 2. Offer an individual an item of little or no monetary
206 value in exchange for money or another gratuity under
207 circumstances that would cause a reasonable individual to
208 understand that the transaction is only a donation.
209 (3) PROHIBITED ACTIVITY.—It is unlawful to:
210 (a) Engage in aggressive panhandling.
211 (b) Engage in panhandling:
212 1. Within 20 feet of a bus stop;
213 2. Within 20 feet of an automated teller machine or the
214 entrance to a bank;
215 3. While blocking the entrance to a building or motor
216 vehicle; or
217 4. In a parking garage owned or operated by a county, a
218 municipality, or an agency of the state or the Federal
219 Government.
220 (c) Engage in fraudulent panhandling.
221 (4) LOCAL GOVERNMENT JURISDICTION.—Counties and
222 municipalities may increase the restrictions on panhandling if
223 those restrictions are nondiscriminatory and narrowly tailored
224 to serve an important public purpose. A county or municipality
225 may opt out of the provisions of this section by a majority vote
226 of the members of the county or municipal governing body. This
227 section does not preempt any existing ordinances that are
228 consistent with this section.
229 (5) VIOLATIONS; PENALTIES.—Any person who violates the
230 provisions of this section, upon conviction, shall be cited for
231 a pedestrian violation, punishable as provided in chapter 318.
232 An additional $10 shall be added to the fine levied under
233 chapter 318. Moneys collected from this additional $10 fine
234 shall be deposited into the Grants and Donations Trust Fund of
235 the Department of Children and Family Services and used by the
236 State Office on Homelessness to supplement grants made under s.
237 420.622(4) and (5).
238 (6) ENFORCEMENT.—The Department of Highway Safety and Motor
239 Vehicles and other law enforcement agencies are authorized and
240 directed to enforce this section.
241 Section 40. Paragraph (c) of subsection (2) of section
242 316.302, Florida Statutes, is amended to read:
243 316.302 Commercial motor vehicles; safety regulations;
244 transporters and shippers of hazardous materials; enforcement.—
245 (2)
246 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
247 operates a commercial motor vehicle solely in intrastate
248 commerce not transporting any hazardous material in amounts that
249 require placarding pursuant to 49 C.F.R. part 172 may not drive
250 after having been on duty more than 70 hours in any period of 7
251 consecutive days or more than 80 hours in any period of 8
252 consecutive days if the motor carrier operates every day of the
253 week. Thirty-four consecutive hours off duty shall constitute
254 the end of any such period of 7 or 8 consecutive days. This
255 weekly limit does not apply to a person who operates a
256 commercial motor vehicle solely within this state while
257 transporting, during harvest periods, any unprocessed
258 agricultural products or unprocessed food or fiber that is
259 subject to seasonal harvesting from place of harvest to the
260 first place of processing or storage or from place of harvest
261 directly to market or while transporting livestock, livestock
262 feed, or farm supplies directly related to growing or harvesting
263 agricultural products. Upon request of the Department of
264 Transportation, motor carriers shall furnish time records or
265 other written verification to that department so that the
266 Department of Transportation can determine compliance with this
267 subsection. These time records must be furnished to the
268 Department of Transportation within 2 days after receipt of that
269 department’s request. Falsification of such information is
270 subject to a civil penalty not to exceed $100. The provisions of
271 this paragraph do not apply to operators of farm labor vehicles
272 operated during a state of emergency declared by the Governor or
273 operated pursuant to s. 570.07(21), and do not apply to drivers
274 of utility service vehicles as defined in 49 C.F.R. s. 395.2.
275 Section 41. Subsection (26) of section 334.044, Florida
276 Statutes, is amended to read:
277 334.044 Department; powers and duties.—The department shall
278 have the following general powers and duties:
279 (26) To provide for the enhancement of environmental
280 benefits, including air and water quality; to prevent roadside
281 erosion; to conserve the natural roadside growth and scenery;
282 and to provide for the implementation and maintenance of
283 roadside conservation, enhancement, and stabilization programs.
284 No more less than 1.5 percent of the amount contracted for
285 construction projects that add capacity to the existing system
286 shall be allocated by the department for the purchase of plant
287 materials, if such amount does not exceed $1 million per
288 project. with, To the greatest extent practical, a minimum of 50
289 percent of these funds shall be allocated for large plant
290 materials and the remaining funds for other plant materials. All
291 such plant materials shall be purchased from Florida commercial
292 nursery stock in this state on a uniform competitive bid basis.
293 The department will develop grades and standards for landscaping
294 materials purchased through this process. To accomplish these
295 activities, the department may contract with nonprofit
296 organizations having the primary purpose of developing youth
297 employment opportunities.
298 Section 42. Section 337.406, Florida Statutes, is amended
299 to read:
300 337.406 Unlawful use of state transportation facility
301 right-of-way; penalties.—
302 (1) Except when leased as provided in s. 337.25(5) or
303 otherwise authorized by the rules of the department, it is
304 unlawful to make any use of any limited access highway the
305 right-of-way of any state transportation facility, including
306 appendages thereto, outside of an incorporated municipality in
307 any manner that interferes with the safe and efficient movement
308 of people and property from place to place on the transportation
309 facility. Failure to prohibit the use of right-of-way in this
310 manner will endanger the health, safety, and general welfare of
311 the public by causing distractions to motorists, unsafe
312 pedestrian movement within travel lanes, sudden stoppage or
313 slowdown of traffic, rapid lane changing and other dangerous
314 traffic movement, increased vehicular accidents, and motorist
315 injuries and fatalities. Such prohibited uses include, but are
316 not limited to, the free distribution or sale, or display or
317 solicitation for free distribution or sale, of any merchandise,
318 goods, property or services; the solicitation for charitable
319 purposes; the servicing or repairing of any vehicle, except the
320 rendering of emergency service; the storage of vehicles being
321 serviced or repaired on abutting property or elsewhere; and the
322 display of advertising of any sort, except that any portion of a
323 state transportation facility may be used for an art festival,
324 parade, fair, or other special event if permitted by the
325 appropriate local governmental entity. Counties and
326 municipalities shall regulate the use of transportation
327 facilities within their jurisdiction, except limited access
328 highways, pursuant to s. 316.2046. The Department of
329 Transportation shall regulate the use of rest areas and welcome
330 centers as limited public forums that are provided to the public
331 for safety rest stops. Accordingly, the uses within these rest
332 areas and welcome centers may be limited. Local government
333 entities may issue permits of limited duration for the temporary
334 use of the right-of-way of a state transportation facility for
335 any of these prohibited uses if it is determined that the use
336 will not interfere with the safe and efficient movement of
337 traffic and the use will cause no danger to the public. The
338 permitting authority granted in this subsection shall be
339 exercised by the municipality within incorporated municipalities
340 and by the county outside an incorporated municipality. Before a
341 road on the State Highway System may be temporarily closed for a
342 special event, the local governmental entity which permits the
343 special event to take place must determine that the temporary
344 closure of the road is necessary and must obtain the prior
345 written approval for the temporary road closure from the
346 department. Nothing in this subsection shall be construed to
347 authorize such activities on any limited access highway. Local
348 governmental entities may, within their respective
349 jurisdictions, initiate enforcement action by the appropriate
350 code enforcement authority or law enforcement authority for a
351 violation of this section.
352 (2) Persons holding valid peddlers’ licenses issued by
353 appropriate governmental entities may make sales from vehicles
354 standing on the right-of-way to occupants of abutting property
355 only.
356 (2)(3) The Department of Highway Safety and Motor Vehicles
357 and other law enforcement agencies are authorized and directed
358 to enforce this statute.
359 (3)(4) Camping is prohibited on any portion of the right
360 of-way of the State Highway System that is within 100 feet of a
361 bridge, causeway, overpass, or ramp.
362 (4)(5) The violation of any provision of this section or
363 any rule promulgated by the department pursuant to this section
364 constitutes a misdemeanor of the second degree, punishable as
365 provided in s. 775.082 or s. 775.083, and each day a violation
366 continues to exist constitutes a separate offense.
367 Section 43. Subsections (1) and (4) of section 337.408,
368 Florida Statutes, are amended to read:
369 337.408 Regulation of bus stop benches, transit shelters,
370 street light poles, waste disposal receptacles, and modular news
371 racks within rights-of-way.—
372 (1) Benches or transit shelters, including advertising
373 displayed on benches or transit shelters, may be installed
374 within the right-of-way limits of any municipal, county, or
375 state road, except a limited access highway, provided that such
376 benches or transit shelters are for the comfort or convenience
377 of the general public or are at designated stops on official bus
378 routes and provided that written authorization has been given to
379 a qualified private supplier of such service by the municipal
380 government within whose incorporated limits such benches or
381 transit shelters are installed or by the county government
382 within whose unincorporated limits such benches or transit
383 shelters are installed. A municipality or county may authorize
384 the installation, without public bid, of benches and transit
385 shelters together with advertising displayed thereon within the
386 right-of-way limits of such roads. All installations shall be in
387 compliance with all applicable laws and rules including, without
388 limitation, the Americans with Disabilities Act. Municipalities
389 and counties shall indemnify, defend, and hold harmless the
390 department from any suits, actions, proceedings, claims, losses,
391 costs, charges, expenses, damages, liabilities, attorney fees,
392 and court costs relating to the installation, removal, or
393 relocation of such installations. Any contract for the
394 installation of benches or transit shelters or advertising on
395 benches or transit shelters which was entered into before April
396 8, 1992, without public bidding is ratified and affirmed. Such
397 benches or transit shelters may not interfere with right-of-way
398 preservation and maintenance. Any bench or transit shelter
399 located on a sidewalk within the right-of-way limits of any road
400 on the State Highway System or the county road system shall be
401 located so as to leave at least 36 inches of clearance for
402 pedestrians and persons in wheelchairs. Such clearance shall be
403 measured in a direction perpendicular to the centerline of the
404 road.
405 (4) The department has the authority to direct the
406 immediate relocation or removal of any bus stop bench, transit
407 shelter, waste disposal receptacle, public pay telephone, or
408 modular news rack that endangers life or property, or that is
409 otherwise not in compliance with applicable laws and rules,
410 except that transit bus benches that were placed in service
411 before April 1, 1992, are not required to comply with bench size
412 and advertising display size requirements established by the
413 department before March 1, 1992. If a municipality or county
414 fails to comply with the department’s direction, the department
415 shall remove the noncompliant installation, charge the cost of
416 the removal to the municipality or county, and may deduct or
417 offset such cost from any other funding available to the
418 municipality or county from the department. Any transit bus
419 bench that was in service before April 1, 1992, may be replaced
420 with a bus bench of the same size or smaller, if the bench is
421 damaged or destroyed or otherwise becomes unusable. The
422 department may adopt rules relating to the regulation of bench
423 size and advertising display size requirements. If a
424 municipality or county within which a bench is to be located has
425 adopted an ordinance or other applicable regulation that
426 establishes bench size or advertising display sign requirements
427 different from requirements specified in department rule, the
428 local government requirement applies within the respective
429 municipality or county. Placement of any bench or advertising
430 display on the National Highway System under a local ordinance
431 or regulation adopted under this subsection is subject to
432 approval of the Federal Highway Administration.
433 Section 44. Section 373.413, Florida Statutes, is amended
434 to read:
435 373.413 Permits for construction or alteration.—
436 (1) Except for the exemptions set forth herein, the
437 governing board or the department may require such permits and
438 impose such reasonable conditions as are necessary to assure
439 that the construction or alteration of any stormwater management
440 system, dam, impoundment, reservoir, appurtenant work, or works
441 will comply with the provisions of this part and applicable
442 rules promulgated thereto and will not be harmful to the water
443 resources of the district. The department or the governing board
444 may delineate areas within the district wherein permits may be
445 required.
446 (2) A person proposing to construct or alter a stormwater
447 management system, dam, impoundment, reservoir, appurtenant
448 work, or works subject to such permit shall apply to the
449 governing board or department for a permit authorizing such
450 construction or alteration. The application shall contain the
451 following:
452 (a) Name and address of the applicant.
453 (b) Name and address of the owner or owners of the land
454 upon which the works are to be constructed and a legal
455 description of such land.
456 (c) Location of the work.
457 (d) Sketches of construction pending tentative approval.
458 (e) Name and address of the person who prepared the plans
459 and specifications of construction.
460 (f) Name and address of the person who will construct the
461 proposed work.
462 (g) General purpose of the proposed work.
463 (h) Such other information as the governing board or
464 department may require.
465 (3) After receipt of an application for a permit, the
466 governing board or department shall publish notice of the
467 application by sending a notice to any persons who have filed a
468 written request for notification of any pending applications
469 affecting the particular designated area. Such notice may be
470 sent by regular mail. The notice shall contain the name and
471 address of the applicant; a brief description of the proposed
472 activity, including any mitigation; the location of the proposed
473 activity, including whether it is located within an Outstanding
474 Florida Water or aquatic preserve; a map identifying the
475 location of the proposed activity subject to the application; a
476 depiction of the proposed activity subject to the application; a
477 name or number identifying the application and the office where
478 the application can be inspected; and any other information
479 required by rule.
480 (4) In addition to the notice required by subsection (3),
481 the governing board or department may publish, or require an
482 applicant to publish at the applicant’s expense, in a newspaper
483 of general circulation within the affected area, a notice of
484 receipt of the application and a notice of intended agency
485 action. This subsection does not limit the discretionary
486 authority of the department or the governing board of a water
487 management district to publish, or to require an applicant to
488 publish at the applicant’s expense, any notice under this
489 chapter. The governing board or department shall also provide
490 notice of this intended agency action to the applicant and to
491 persons who have requested a copy of the intended agency action
492 for that specific application.
493 (5) The governing board or department may charge a
494 subscription fee to any person who has filed a written request
495 for notification of any pending applications to cover the cost
496 of duplication and mailing charges.
497 (6) It is the intent of the Legislature that the governing
498 board or department exercise flexibility in the permitting of
499 stormwater management systems associated with the construction
500 or alteration of systems serving state transportation projects
501 and facilities. Because of the unique limitations of linear
502 facilities, the governing board or department shall balance the
503 expenditure of public funds for stormwater treatment for state
504 transportation projects and facilities and the treatment
505 objectives to be achieved.In consideration thereof, the
506 governing board or department shall allow alternatives to on
507 site treatment, including but not limited to regional stormwater
508 treatment systems. The Department of Transportation shall not be
509 responsible for the abatement of pollutants and flows entering
510 its stormwater management systems from offsite; however, this
511 subsection does not prohibit the Department of Transportation
512 from receiving and managing such pollutants and flows when it is
513 found to be cost-effective and prudent. Further, in association
514 with right-of-way acquisition for state transportation projects,
515 the Department of Transportation is responsible for providing
516 stormwater treatment and attenuation for additional right-of
517 way, but shall not be responsible for modifying permits of
518 adjacent lands when it is not the permittee. Further, in
519 association with right-of-way acquisition for state
520 transportation projects, the Department of Transportation is
521 responsible for providing stormwater treatment and attenuation
522 for additional right-of-way, but shall not be responsible for
523 modifying permits of adjacent lands when it is not the
524 permittee. To accomplish this, the governing board or department
525 shall adopt rules for these activities.
526 Section 45. Subsections (1), (2), (3), (4), and (5) of
527 section 373.4137, Florida Statutes, are amended to read:
528 373.4137 Mitigation requirements for specified
529 transportation projects.—
530 (1) The Legislature finds that environmental mitigation for
531 the impact of transportation projects proposed by the Department
532 of Transportation or a transportation authority established
533 pursuant to chapter 348 or chapter 349 can be more effectively
534 achieved by regional, long-range mitigation planning rather than
535 on a project-by-project basis. It is the intent of the
536 Legislature that mitigation to offset the adverse effects of
537 these transportation projects be funded by the Department of
538 Transportation and be carried out by the water management
539 districts, including the use of mitigation banks and any other
540 mitigation options that satisfy state and federal requirements
541 established pursuant to this part.
542 (2) Environmental impact inventories for transportation
543 projects proposed by the Department of Transportation or a
544 transportation authority established pursuant to chapter 348 or
545 chapter 349 shall be developed as follows:
546 (a) By July 1 of each year, the Department of
547 Transportation or a transportation authority established
548 pursuant to chapter 348 or chapter 349 which chooses to
549 participate in this program shall submit to the water management
550 districts a list copy of its projects in the adopted work
551 program and an environmental impact inventory of habitats
552 addressed in the rules adopted pursuant to this part and s. 404
553 of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
554 by its plan of construction for transportation projects in the
555 next 3 years of the tentative work program. The Department of
556 Transportation or a transportation authority established
557 pursuant to chapter 348 or chapter 349 may also include in its
558 environmental impact inventory the habitat impacts of any future
559 transportation project. The Department of Transportation and
560 each transportation authority established pursuant to chapter
561 348 or chapter 349 may fund any mitigation activities for future
562 projects using current year funds.
563 (b) The environmental impact inventory shall include a
564 description of these habitat impacts, including their location,
565 acreage, and type; state water quality classification of
566 impacted wetlands and other surface waters; any other state or
567 regional designations for these habitats; and a list survey of
568 threatened species, endangered species, and species of special
569 concern affected by the proposed project.
570 (3)(a) To fund development and implementation of the
571 mitigation plan for the projected impacts identified in the
572 environmental impact inventory described in subsection (2), the
573 Department of Transportation shall identify funds quarterly in
574 an escrow account within the State Transportation Trust Fund for
575 the environmental mitigation phase of projects budgeted by the
576 Department of Transportation for the current fiscal year. The
577 escrow account shall be maintained by the Department of
578 Transportation for the benefit of the water management
579 districts. Any interest earnings from the escrow account shall
580 remain with the Department of Transportation.
581 (b) Each transportation authority established pursuant to
582 chapter 348 or chapter 349 that chooses to participate in this
583 program shall create an escrow account within its financial
584 structure and deposit funds in the account to pay for the
585 environmental mitigation phase of projects budgeted for the
586 current fiscal year. The escrow account shall be maintained by
587 the authority for the benefit of the water management districts.
588 Any interest earnings from the escrow account shall remain with
589 the authority.
590 (c) Except for current mitigation projects in the
591 monitoring and maintenance phase and except as allowed by
592 paragraph (d), the water management districts may request a
593 transfer of funds from an escrow account no sooner than 30 days
594 prior to the date the funds are needed to pay for activities
595 associated with development or implementation of the approved
596 mitigation plan described in subsection (4) for the current
597 fiscal year, including, but not limited to, design, engineering,
598 production, and staff support. Actual conceptual plan
599 preparation costs incurred before plan approval may be submitted
600 to the Department of Transportation or the appropriate
601 transportation authority each year with the plan. The conceptual
602 plan preparation costs of each water management district will be
603 paid from mitigation funds associated with the environmental
604 impact inventory for the current year. The amount transferred to
605 the escrow accounts each year by the Department of
606 Transportation and participating transportation authorities
607 established pursuant to chapter 348 or chapter 349 shall
608 correspond to a cost per acre of $75,000 multiplied by the
609 projected acres of impact identified in the environmental impact
610 inventory described in subsection (2). However, the $75,000 cost
611 per acre does not constitute an admission against interest by
612 the state or its subdivisions nor is the cost admissible as
613 evidence of full compensation for any property acquired by
614 eminent domain or through inverse condemnation. Each July 1, the
615 cost per acre shall be adjusted by the percentage change in the
616 average of the Consumer Price Index issued by the United States
617 Department of Labor for the most recent 12-month period ending
618 September 30, compared to the base year average, which is the
619 average for the 12-month period ending September 30, 1996. Each
620 quarter, the projected acreage of impact shall be reconciled
621 with the acreage of impact of projects as permitted, including
622 permit modifications, pursuant to this part and s. 404 of the
623 Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
624 of funds shall be adjusted accordingly to reflect the acreage of
625 impacts as permitted. The Department of Transportation and
626 participating transportation authorities established pursuant to
627 chapter 348 or chapter 349 are authorized to transfer such funds
628 from the escrow accounts to the water management districts to
629 carry out the mitigation programs. Environmental mitigation
630 funds that are identified or maintained in an escrow account for
631 the benefit of a water management district may be released if
632 the associated transportation project is excluded in whole or
633 part from the mitigation plan. For a mitigation project that is
634 in the maintenance and monitoring phase, the water management
635 district may request and receive a one-time payment based on the
636 project’s expected future maintenance and monitoring costs. Upon
637 disbursement of the final maintenance and monitoring payment,
638 the obligation of the department or the participating
639 transportation authority is satisfied, the water management
640 district has the continuing responsibility for the mitigation
641 project, and the escrow account for the project established by
642 the Department of Transportation or the participating
643 transportation authority may be closed. Any interest earned on
644 these disbursed funds shall remain with the water management
645 district and must be used as authorized under this section.
646 (d) Beginning in the 2005-2006 fiscal year, each water
647 management district shall be paid a lump-sum amount of $75,000
648 per acre, adjusted as provided under paragraph (c), for
649 federally funded transportation projects that are included on
650 the environmental impact inventory and that have an approved
651 mitigation plan. Beginning in the 2009-2010 fiscal year, each
652 water management district shall be paid a lump-sum amount of
653 $75,000 per acre, adjusted as provided under paragraph (c), for
654 federally funded and nonfederally funded transportation projects
655 that have an approved mitigation plan. All mitigation costs,
656 including, but not limited to, the costs of preparing conceptual
657 plans and the costs of design, construction, staff support,
658 future maintenance, and monitoring the mitigated acres shall be
659 funded through these lump-sum amounts.
660 (4) Prior to March 1 of each year, each water management
661 district, in consultation with the Department of Environmental
662 Protection, the United States Army Corps of Engineers, the
663 Department of Transportation, participating transportation
664 authorities established pursuant to chapter 348 or chapter 349,
665 and other appropriate federal, state, and local governments, and
666 other interested parties, including entities operating
667 mitigation banks, shall develop a plan for the primary purpose
668 of complying with the mitigation requirements adopted pursuant
669 to this part and 33 U.S.C. s. 1344. In developing such plans,
670 the districts shall utilize sound ecosystem management practices
671 to address significant water resource needs and shall focus on
672 activities of the Department of Environmental Protection and the
673 water management districts, such as surface water improvement
674 and management (SWIM) projects and lands identified for
675 potential acquisition for preservation, restoration or
676 enhancement, and the control of invasive and exotic plants in
677 wetlands and other surface waters, to the extent that such
678 activities comply with the mitigation requirements adopted under
679 this part and 33 U.S.C. s. 1344. In determining the activities
680 to be included in such plans, the districts shall also consider
681 the purchase of credits from public or private mitigation banks
682 permitted under s. 373.4136 and associated federal authorization
683 and shall include such purchase as a part of the mitigation plan
684 when such purchase would offset the impact of the transportation
685 project, provide equal benefits to the water resources than
686 other mitigation options being considered, and provide the most
687 cost-effective mitigation option. The mitigation plan shall be
688 submitted to the water management district governing board, or
689 its designee, for review and approval. At least 14 days prior to
690 approval, the water management district shall provide a copy of
691 the draft mitigation plan to any person who has requested a
692 copy.
693 (a) For each transportation project with a funding request
694 for the next fiscal year, the mitigation plan must include a
695 brief explanation of why a mitigation bank was or was not chosen
696 as a mitigation option, including an estimation of identifiable
697 costs of the mitigation bank and nonbank options to the extent
698 practicable.
699 (b) Specific projects may be excluded from the mitigation
700 plan, in whole or in part, and are shall not be subject to this
701 section upon the election agreement of the Department of
702 Transportation, or a transportation authority, if applicable, or
703 and the appropriate water management district that the inclusion
704 of such projects would hamper the efficiency or timeliness of
705 the mitigation planning and permitting process. The water
706 management district may choose to exclude a project in whole or
707 in part if the district is unable to identify mitigation that
708 would offset impacts of the project.
709 (5) The water management district shall ensure be
710 responsible for ensuring that mitigation requirements pursuant
711 to 33 U.S.C. s. 1344 are met for the impacts identified in the
712 environmental impact inventory described in subsection (2), by
713 implementation of the approved plan described in subsection (4)
714 to the extent funding is provided by the Department of
715 Transportation, or a transportation authority established
716 pursuant to chapter 348 or chapter 349, if applicable. During
717 the federal permitting process, the water management district
718 may deviate from the approved mitigation plan in order to comply
719 with federal permitting requirements.
720 Section 46. Paragraph (c) of subsection (1) of section
721 374.976, Florida Statutes, is amended to read:
722 374.976 Authority to address impacts of waterway
723 development projects.—
724 (1) Each inland navigation district is empowered and
725 authorized to undertake programs intended to alleviate the
726 problems associated with its waterway or waterways, including,
727 but not limited to, the following:
728 (c) The district is authorized to aid and cooperate with
729 the Federal Government; state; member counties; nonmember
730 counties that contain any part of the intracoastal waterway
731 within their boundaries; navigation districts; the seaports of
732 Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm
733 Beach, Port Everglades, Miami, Port Manatee, St. Petersburg,
734 Tampa, Port St. Joe, Panama City, Pensacola, Key West, and
735 Fernandina; and local governments within the district in
736 planning and carrying out public navigation, local and regional
737 anchorage management, beach renourishment, public recreation,
738 inlet management, environmental education, and boating safety
739 projects, directly related to the waterways. The district is
740 also authorized to enter into cooperative agreements with the
741 United States Army Corps of Engineers, state, and member
742 counties, and to covenant in any such cooperative agreement to
743 pay part of the costs of acquisition, planning, development,
744 construction, reconstruction, extension, improvement, operation,
745 and maintenance of such projects.
746 Section 47. Subsection (9) of section 403.021, Florida
747 Statutes, is amended to read:
748 403.021 Legislative declaration; public policy.—
749 (9)(a) The Legislature finds and declares that it is
750 essential to preserve and maintain authorized water depth in the
751 existing navigation channels, port harbors, turning basins, and
752 harbor berths of this state in order to provide for the
753 continued safe navigation of deepwater shipping commerce. The
754 department shall recognize that maintenance of authorized water
755 depths consistent with port master plans developed pursuant to
756 s. 163.3178(2)(k) is an ongoing, continuous, beneficial, and
757 necessary activity that is in the public interest; and it shall
758 develop a regulatory process that shall enable the ports of this
759 state to conduct such activities in an environmentally sound,
760 safe, expeditious, and cost-efficient manner. It is the further
761 intent of the Legislature that the permitting and enforcement of
762 dredging, dredged-material management, and other related
763 activities for Florida’s deepwater ports pursuant to this
764 chapter and chapters 161, 253, and 373 shall be consolidated
765 within the department’s Division of Water Resource Management
766 and, with the concurrence of the affected deepwater port or
767 ports, may be administered by a district office of the
768 department or delegated to an approved local environmental
769 program.
770 (b) The provisions of paragraph (a) apply only to the port
771 waters, dredged-material management sites, port harbors,
772 navigation channels, turning basins, and harbor berths used for
773 deepwater commercial navigation in the ports of Jacksonville,
774 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
775 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
776 Petersburg, Pensacola, Fernandina, and Key West.
777 Section 48. Subsection (26) of section 403.061, Florida
778 Statutes, is amended to read:
779 403.061 Department; powers and duties.—The department shall
780 have the power and the duty to control and prohibit pollution of
781 air and water in accordance with the law and rules adopted and
782 promulgated by it and, for this purpose, to:
783 (26)(a) Develop standards and criteria for waters used for
784 deepwater shipping which standards and criteria consider
785 existing water quality; appropriate mixing zones and other
786 requirements for maintenance dredging in previously constructed
787 deepwater navigation channels, port harbors, turning basins, or
788 harbor berths; and appropriate mixing zones for disposal of
789 spoil material from dredging and, where necessary, develop a
790 separate classification for such waters. Such classification,
791 standards, and criteria shall recognize that the present
792 dedicated use of these waters is for deepwater commercial
793 navigation.
794 (b) The provisions of paragraph (a) apply only to the port
795 waters, spoil disposal sites, port harbors, navigation channels,
796 turning basins, and harbor berths used for deepwater commercial
797 navigation in the ports of Jacksonville, Tampa, Port Everglades,
798 Miami, Port Canaveral, Port Citrus, Ft. Pierce, Palm Beach, Port
799 Manatee, Port St. Joe, Panama City, St. Petersburg, Port Bartow,
800 Florida Power Corporation’s Crystal River Canal, Boca Grande,
801 Green Cove Springs, and Pensacola.
802
803 The department shall implement such programs in conjunction
804 with its other powers and duties and shall place special
805 emphasis on reducing and eliminating contamination that presents
806 a threat to humans, animals or plants, or to the environment.
807 Section 49. Subsection (3) of section 403.813, Florida
808 Statutes, is amended to read:
809 403.813 Permits issued at district centers; exceptions.—
810 (3) For maintenance dredging conducted under this section
811 by the seaports of Jacksonville, Port Canaveral, Port Citrus,
812 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
813 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
814 West, and Fernandina or by inland navigation districts:
815 (a) A mixing zone for turbidity is granted within a 150
816 meter radius from the point of dredging while dredging is
817 ongoing, except that the mixing zone may not extend into areas
818 supporting wetland communities, submerged aquatic vegetation, or
819 hardbottom communities.
820 (b) The discharge of the return water from the site used
821 for the disposal of dredged material shall be allowed only if
822 such discharge does not result in a violation of water quality
823 standards in the receiving waters. The return-water discharge
824 into receiving waters shall be granted a mixing zone for
825 turbidity within a 150-meter radius from the point of discharge
826 during and immediately after the dredging, except that the
827 mixing zone may not extend into areas supporting wetland
828 communities, submerged aquatic vegetation, or hardbottom
829 communities.
830 (c) The state may not exact a charge for material that this
831 subsection allows a public port or an inland navigation district
832 to remove.
833 (d) The use of flocculants at the site used for disposal of
834 the dredged material is allowed if the use, including supporting
835 documentation, is coordinated in advance with the department and
836 the department has determined that the use is not harmful to
837 water resources.
838 (e) This subsection does not prohibit maintenance dredging
839 of areas where the loss of original design function and
840 constructed configuration has been caused by a storm event,
841 provided that the dredging is performed as soon as practical
842 after the storm event. Maintenance dredging that commences
843 within 3 years after the storm event shall be presumed to
844 satisfy this provision. If more than 3 years are needed to
845 commence the maintenance dredging after the storm event, a
846 request for a specific time extension to perform the maintenance
847 dredging shall be submitted to the department, prior to the end
848 of the 3-year period, accompanied by a statement, including
849 supporting documentation, demonstrating that contractors are not
850 available or that additional time is needed to obtain
851 authorization for the maintenance dredging from the United
852 States Army Corps of Engineers.
853 Section 50. Section 403.816, Florida Statutes, is amended
854 to read:
855 403.816 Permits for maintenance dredging of deepwater ports
856 and beach restoration projects.—
857 (1) The department shall establish a permit system under
858 this chapter and chapter 253 which provides for the performance,
859 for up to 25 years from the issuance of the original permit, of
860 maintenance dredging of permitted navigation channels, port
861 harbors, turning basins, harbor berths, and beach restoration
862 projects approved pursuant to chapter 161. However, permits
863 issued for dredging river channels which are not a part of a
864 deepwater port shall be valid for no more than five years. No
865 charge shall be exacted by the state for material removed during
866 such maintenance dredging by a public port authority.
867 (2) The provisions of s. 253.77 do not apply to a permit
868 for maintenance dredging and spoil site approval when there is
869 no change in the size or location of the spoil disposal site and
870 when the applicant provides documentation to the department that
871 the appropriate lease, easement, or consent of use for the
872 project site issued pursuant to chapter 253 is recorded in the
873 county where the project is located.
874 (3) The provisions of this section relating to ports apply
875 only to the port waters, spoil disposal sites, port harbors,
876 navigation channels, turning basins, and harbor berths used for
877 deepwater commercial navigation in the ports of Jacksonville,
878 Tampa, Port Everglades, Miami, Port Canaveral, Port Citrus, Ft.
879 Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
880 Petersburg, Port Bartow, Florida Power Corporation’s Crystal
881 River Canal, Boca Grande, Green Cove Springs, and Pensacola.
882
883
884 ================= T I T L E A M E N D M E N T ================
885 And the title is amended as follows:
886 Delete line 76
887 and insert:
888 changes made by the act; amending s. 310.002, F.S.;
889 redefining the term “port” to include Port Citrus; amending s.
890 311.09, F.S.; including a representative of Port Citrus as a
891 member of the Florida Seaport Transportation and Economic
892 Development Council; amending s. 316.075, F.S.; providing for
893 minimum yellow light change interval times for traffic control
894 devices; amending s. 316.0083, F.S.; prohibiting the issuance of
895 a traffic citation for certain traffic light violations unless
896 the light meets specified requirements; repealing s. 316.2045,
897 F.S., relating to obstruction of public streets, highways, and
898 roads; creating s. 316.2046, F.S., relating to obstruction of
899 public streets, highways, and roads; providing legislative
900 findings; defining the term “solicit”; requiring a permit in
901 order to obstruct the use of any public street, highway, or road
902 when that obstruction may endanger the safe movement of vehicles
903 or pedestrians; requiring each county or municipality to adopt a
904 permitting process that protects public safety but does not
905 impair the rights of free speech; providing criteria for the
906 permitting process; limiting the cost of the permit to the
907 amount required to administer the permitting process;
908 prohibiting the denial of a permit due to lack of funds, as
909 attested to by a signed affidavit; providing for jurisdiction
910 over non-limited access state roads, and local roads, streets,
911 and highways for counties and municipalities; providing
912 exceptions; providing that a violation of the act is a
913 pedestrian violation, punishable under ch. 318, F.S.; providing
914 for an additional fine; providing for the disposition of moneys
915 collected; providing for enforcement by the Department of
916 Highway Safety and Motor Vehicles and other law enforcement
917 agencies; creating s. 316.2047, F.S., relating to panhandling;
918 providing legislative findings; defining terms; prohibiting
919 aggressive panhandling, panhandling under certain circumstances,
920 and fraudulent panhandling; authorizing counties and
921 municipalities to increase the restrictions on panhandling under
922 certain conditions; providing that a violation of the act is a
923 pedestrian violation, punishable under ch. 318, F.S.; providing
924 for an additional fine; providing for the disposition of moneys
925 collected; providing for enforcement by the Department of
926 Highway Safety and Motor Vehicles and other law enforcement
927 agencies; amending s. 316.302, F.S.; providing that certain
928 restrictions on the number of consecutive hours that a
929 commercial motor vehicle may operate do not apply to a farm
930 labor vehicle operated during a state of emergency or during an
931 emergency pertaining to agriculture; amending s. 334.044, F.S.;
932 revising the types of transportation projects for which
933 landscaping materials must be purchased; limiting the amount of
934 funds that may be allocated for such purchases; amending s.
935 337.406, F.S.; removing the Department of Transportation’s
936 authority to provide exceptions to the unlawful use of the
937 right-of-way of any state transportation facility; broadening
938 provisions to prohibit the unlawful use of any limited access
939 highway; removing an exception to prohibited uses provided for
940 art festivals, parades, fairs, or other special events; removing
941 a local government’s authority to issue certain permits;
942 authorizing counties and municipalities to regulate the use of
943 transportation facilities within their respective jurisdictions,
944 with the exception of limited access highways; authorizing the
945 Department of Transportation to regulate the use of welcome
946 centers and rest stops; removing provisions authorizing valid
947 peddler licensees to make sales from vehicles standing on the
948 rights-of-way of welcome centers and rest stops; amending s.
949 337.408,F.S., revising requirements for the installation of bus
950 stop benches, transit shelters, street light poles, waste
951 disposal receptacles, and modular news racks within the public
952 rights-of-way; requiring compliance with the Americans With
953 Disabilities Act; providing responsibilities for removal of
954 noncompliant installations; amending s. 373.413, F.S.; providing
955 legislative intent regarding flexibility in the permitting of
956 stormwater management systems; requiring the cost of stormwater
957 treatment for a transportation project to be balanced with
958 benefits to the public; absolving the Department of
959 Transportation of responsibility for the abatement of pollutants
960 entering its stormwater facilities from offsite sources and from
961 updating permits for adjacent lands impacted by right-of-way
962 acquisition; authorizing the water management districts and the
963 department to adopt rules; amending s. 373.4137, F.S.; revising
964 mitigation requirements for transportation projects to include
965 other nonspecified mitigation options; providing for the release
966 of escrowed mitigation funds under certain circumstances;
967 providing for the exclusion of projects from a mitigation plan
968 upon the election of one or more agencies rather than the
969 agreement of all parties; amending s. 374.976, F.S.; conforming
970 provisions to include Port Citrus in provisions relating to the
971 authority of inland navigation districts; amending s. 403.021,
972 F.S.; conforming provisions to include Port Citrus in
973 legislative declarations relating to environmental control;
974 amending s. 403.061, F.S.; conforming provisions to include Port
975 Citrus in provisions relating to powers of the Department of
976 Environmental Protection; amending s. 403.813, F.S.; conforming
977 provisions to include Port Citrus in provisions relating to
978 permits issued at Department of Environmental Protection
979 district centers; amending s. 403.816, F.S.; conforming
980 provisions to include Port Citrus in provisions relating to
981 certain maintenance projects at deepwater ports and beach
982 restoration projects; providing an effective date.
983
984 WHEREAS, the state has a significant and substantial
985 interest in vehicular and pedestrian safety and the free flow of
986 traffic, and
987 WHEREAS, studies have shown that Florida is one of the most
988 dangerous states in the country for pedestrians, and
989 WHEREAS, while the streets may have been the natural and
990 proper places for the public dissemination of information prior
991 to the advent of the automobile, the streets, highways, and
992 roads of this state are now used primarily for transportation,
993 and
994 WHEREAS, obstructing the flow of pedestrian traffic on a
995 sidewalk can cause pedestrians to enter into the roadway and is
996 a serious threat to public safety, and
997 WHEREAS, the current permitting provisions curtail behavior
998 only on sidewalks and streets, which is a danger to public
999 safety, and
1000 WHEREAS, the provisions of this act directed toward
1001 ordinary panhandling are designed to promote public safety,
1002 including minimizing panhandling in transit systems or in areas
1003 where panhandling is likely to intimidate persons who are
1004 solicited, and
1005 WHEREAS, aggressive panhandling may obstruct the free flow
1006 of traffic when carried out in or adjacent to a roadway, may
1007 intimidate citizens who may choose to avoid certain public areas
1008 or give money to panhandlers in order to avoid an escalation of
1009 aggressive behavior, and generally threatens public safety and
1010 diminishes the quality of life for residents and tourists alike,
1011 and
1012 WHEREAS, an important public purpose is served when the
1013 public safety is protected in keeping with rights granted by the
1014 First Amendment to the United States Constitution, NOW,
1015 THEREFORE,
1016
1017