CS/HB 1363

A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 316.302, F.S.; exempting operators of farm
4labor vehicles from certain safety regulations under
5certain circumstances; amending s. 316.3025, F.S.;
6providing a civil penalty for violation of specified
7federal requirements relating to a driver's physical
8qualification to drive a commercial motor vehicle;
9amending s. 334.03, F.S.; revising definitions for
10purposes of the Florida Transportation Code; amending s.
11334.044, F.S.; revising the powers and duties of the
12department relating to jurisdictional responsibility and
13designating facilities; amending s. 334.047, F.S.;
14repealing a provision prohibiting the department from
15establishing a maximum number of miles of urban principal
16arterial roads within a district or county; amending s.
17336.021, F.S.; revising the date when imposition of the
18ninth-cent fuel tax is to be levied; amending s. 336.025,
19F.S.; revising the dates when impositions or rate changes
20of the local option fuel tax are to be levied and when
21counties must notify the Department of Revenue of such
22rates or rate changes; revising the definition of
23"transportation expenditures"; amending s. 337.111, F.S.;
24providing additional forms of security for the cost of
25removal of monuments or memorials or modifications to an
26installation site at highway rest areas; removing a
27provision requiring renewal of a bond; amending ss.
28337.403 and 337.404, F.S.; revising provisions for
29alleviation of interference with a public road or
30publically owned rail corridor caused by a utility
31facility; requiring the utility owner to initiate and
32complete the work necessary within a certain time period;
33providing for notice to the utility; revising provisions
34for payment of costs; revising provisions for completion
35of work when the utility owner does not perform the work;
36amending s. 337.408, F.S.; revising provisions for certain
37facilities installed within the right-of-way limits of
38roads; requiring counties and municipalities to indemnify
39the department from certain claims relating to the
40installation, removal, or relocation of a noncompliant
41bench or shelter; authorizing the department to direct a
42county or municipality to remove or relocate a bus stop,
43bench, transit shelter, waste disposal receptacle, public
44pay telephone, or modular news rack that is not in
45compliance with applicable laws or rules; directing the
46department to remove or relocate such installation and
47charge the cost to the county or municipality; authorizing
48the department to deduct the cost from funding available
49to the municipality or county from the department;
50removing a provision for the replacement of an unusable
51transit bus bench that was in service before a certain
52date; revising the title of chapter 338, F.S.; repealing
53s. 338.001, F.S., relating to provisions for the Florida
54Intrastate Highway System Plan; amending s. 338.01, F.S.;
55including authority of the department in provisions for
56the establishment limited access facilities; amending s.
57339.155, F.S.; revising provisions for statewide
58transportation planning by the department; providing for
59federally required transportation planning factors;
60revising provisions for the Florida Transportation Plan;
61removing certain reporting requirements; revising
62requirements for public participation in the planning
63process; amending s. 339.63, F.S.; providing for inclusion
64of certain access facilities in the Strategic Intermodal
65System and the Emerging Strategic Intermodal System;
66amending s. 339.64, F.S.; revising provisions for
67development of the Strategic Intermodal System Plan;
68removing the Statewide Intermodal Transportation Advisory
69Council; creating s. 339.65, F.S.; providing for the
70department to plan and develop Strategic Intermodal System
71highway corridors; providing for allocations of funds on a
72specified basis; providing for corridor projects to be
73included in the department's adopted work program and
74changes to be a separate part of the tentative work
75program; creating s. 479.075, F.S.; defining the terms
76"sign" and "sign permit fee"; establishing limitations on
77fees charged for sign permits; requiring a fee schedule to
78be based on actual costs; designating Edna S. Hargrett-
79Thrower Avenue in Orange County; designating SP4 Thomas
80Berry Corbin Memorial Highway and U.S. Navy BMC Samuel
81Calhoun Chavous, Jr. Memorial Highway in Dixie County;
82designating Marine Lance Corporal Brian R. Buesing
83Memorial Highway, United States Army Sergeant Karl A.
84Campbell Memorial Highway, and U.S. Army SPC James A. Page
85Memorial Highway in Levy County; designating Veterans
86Memorial Highway in Putnam County; designating Ben G.
87Watts Highway in Washington County; designating Mardi Gras
88Way, West Park Boulevard, and Pembroke Park Boulevard in
89Broward County; designating Stark Memorial Drive and Duval
90County Law Enforcement Memorial Overpass in Duval County;
91designating Verna Bell Way in Nassau County; designating
92Deputy Hal P. Croft and Deputy Ronald Jackson Memorial
93Highway in Union County; designating Dr. Oscar Elias
94Biscet Boulevard in Miami-Dade County; designating Alma
95Lee Loy Bridge in Indian River County; amending ss. 24 and
9645, ch. 2010-230, Laws of Florida; revising the
97designation for Miss Lillie Williams Boulevard and Father
98Gerard Jean-Juste Street in Miami-Dade County; directing
99the Department of Transportation to erect suitable
100markers; amending ss. 163.3180, 288.063, 311.07, 311.09,
101316.2122, 336.01, 338.222, 338.223, 338.2275, 338.228,
102339.2819, 339.285, 341.8225, 479.01, 479.07, and 479.261,
103F.S., relating to transportation concurrency, contracts,
104port facilities, Florida Seaport Transportation and
105Economic Development Council, low-speed vehicles and mini
106trucks, the county road system, turnpike projects, revenue
107bonds, Transportation Regional Incentive Program, Enhanced
108Bridge Program for Sustainable Transportation, high-speed
109rail projects, outdoor advertising, sign permits, and the
110Logo sign program, respectively; revising cross-
111references; amending ss. 163.3187, 318.12, 335.02,
112338.227, 338.234, 339.62, 341.053, and 403.7211, F.S.,
113relating to comprehensive plans, traffic infractions,
114standards for lanes, services related to the financing of
115projects, concessions along the turnpike, components of
116the Strategic Intermodal System, Intermodal Development
117Program, and hazardous waste facilities, respectively;
118revising references to conform to the incorporation of the
119Florida Intrastate Highway System into the Strategic
120Intermodal System and to changes made by the act;
121providing an effective date.
123Be It Enacted by the Legislature of the State of Florida:
125     Section 1.  Paragraph (b) of subsection (2) of section
126316.302, Florida Statutes, is amended to read:
127     316.302  Commercial motor vehicles; safety regulations;
128transporters and shippers of hazardous materials; enforcement.-
129     (2)
130     (b)  Except as provided in 49 C.F.R. s. 395.1, a person who
131operates a commercial motor vehicle solely in intrastate
132commerce not transporting any hazardous material in amounts that
133require placarding pursuant to 49 C.F.R. part 172 may not drive:
134     1.  More than 12 hours following 10 consecutive hours off
135duty; or
136     2.  For any period after the end of the 16th hour after
137coming on duty following 10 consecutive hours off duty.
139The provisions of This paragraph does do not apply to operators
140of farm labor vehicles during a state of emergency declared by
141the Governor or under s. 570.07(21) or to drivers of utility
142service vehicles as defined in 49 C.F.R. s. 395.2.
143     Section 2.  Paragraph (b) of subsection (3) of section
144316.3025, Florida Statutes, is amended to read:
145     316.3025  Penalties.-
146     (3)
147     (b)  A civil penalty of $100 may be assessed for:
148     1.  Each violation of the North American Uniform Driver
149Out-of-Service Criteria;
150     2.  A violation of s. 316.302(2)(b) or (c);
151     3.  A violation of 49 C.F.R. s. 392.60; or
152     4.  A violation of 49 C.F.R. ss. 391.41 or 391.43; or
153     5.4.  A violation of the North American Standard Vehicle
154Out-of-Service Criteria resulting from an inspection of a
155commercial motor vehicle involved in a crash.
156     Section 3.  Section 334.03, Florida Statutes, is amended to
158     334.03  Definitions.-When used in the Florida
159Transportation Code, the term:
160     (1)(37)  "511" or "511 services" means three-digit
161telecommunications dialing to access interactive voice response
162telephone traveler information services provided in the state as
163defined by the Federal Communications Commission in FCC Order
164No. 00-256, July 31, 2000.
165     (1)  "Arterial road" means a route providing service which
166is relatively continuous and of relatively high traffic volume,
167long average trip length, high operating speed, and high
168mobility importance. In addition, every United States numbered
169highway is an arterial road.
170     (2)(2)  "Bridge" means a structure, including supports,
171erected over a depression or an obstruction, such as water or a
172highway or railway, and having a track or passageway for
173carrying traffic as defined in chapter 316 or other moving
175     (3)  "City street system" means all local roads within a
176municipality that were under the jurisdiction of that
177municipality on June 10, 1995; roads constructed by a
178municipality for that municipality's street system; roads
179completely within an area annexed by the municipality, unless
180otherwise provided by mutual consent; and roads transferred to
181the municipality's jurisdiction after June 10, 1995, by mutual
182consent with another governmental entity, but not roads so
183transferred from the municipality's jurisdiction, and all
184collector roads inside that municipality, which are not in the
185county road system.
186     (4)  "Collector road" means a route providing service which
187is of relatively moderate average traffic volume, moderately
188average trip length, and moderately average operating speed.
189Such a route also collects and distributes traffic between local
190roads or arterial roads and serves as a linkage between land
191access and mobility needs.
192     (4)(5)  "Commissioners" means the governing body of a
194     (5)(6)  "Consolidated metropolitan statistical area" means
195two or more metropolitan statistical areas that are socially and
196economically interrelated as defined by the United States Bureau
197of the Census.
198     (6)(7)  "Controlled access facility" means a street or
199highway to which the right of access is highly regulated by the
200governmental entity having jurisdiction over the facility in
201order to maximize the operational efficiency and safety of the
202high-volume through traffic utilizing the facility. Owners or
203occupants of abutting lands and other persons have a right of
204access to or from such facility at such points only and in such
205manner as may be determined by the governmental entity.
206     (7)(8)  "County road system" means all roads within a
207county that were under the jurisdiction of that county on June
20810, 1995; roads constructed by a county for that county's road
209system; and roads transferred to the county's jurisdiction after
210June 10, 1995, by mutual consent with another governmental
211entity, but, except as otherwise provided by mutual consent, not
212roads transferred from the county's jurisdiction by mutual
213consent or roads that are completely within an area annexed by a
214municipality collector roads in the unincorporated areas of a
215county and all extensions of such collector roads into and
216through any incorporated areas, all local roads in the
217unincorporated areas, and all urban minor arterial roads not in
218the State Highway System.
219     (8)(9)  "Department" means the Department of
221     (10)  "Florida Intrastate Highway System" means a system of
222limited access and controlled access facilities on the State
223Highway System which have the capacity to provide high-speed and
224high-volume traffic movements in an efficient and safe manner.
225     (9)(11)  "Functional classification" means the assignment
226of roads into systems according to the character of service they
227provide in relation to the total road network using procedures
228developed by the Federal Highway Administration. Basic
229functional categories include arterial roads, collector roads,
230and local roads which may be subdivided into principal, major,
231or minor levels. Those levels may be additionally divided into
232rural and urban categories.
233     (10)(12)  "Governmental entity" means a unit of government,
234or any officially designated public agency or authority of a
235unit of government, that has the responsibility for planning,
236construction, operation, or maintenance or jurisdiction over
237transportation facilities; the term includes the Federal
238Government, the state government, a county, an incorporated
239municipality, a metropolitan planning organization, an
240expressway or transportation authority, a road and bridge
241district, a special road and bridge district, and a regional
242governmental unit.
243     (11)(38)  "Interactive voice response" means a software
244application that accepts a combination of voice telephone input
245and touch-tone keypad selection and provides appropriate
246responses in the form of voice, fax, callback, e-mail, and other
248     (12)(13)  "Limited access facility" means a street or
249highway especially designed for through traffic, and over, from,
250or to which owners or occupants of abutting land or other
251persons have no right or easement of access, light, air, or view
252by reason of the fact that their property abuts upon such
253limited access facility or for any other reason. Such highways
254or streets may be facilities from which trucks, buses, and other
255commercial vehicles are excluded; or they may be facilities open
256to use by all customary forms of street and highway traffic.
257     (13)(14)  "Local governmental entity" means a unit of
258government with less than statewide jurisdiction, or any
259officially designated public agency or authority of such a unit
260of government, that has the responsibility for planning,
261construction, operation, or maintenance of, or jurisdiction
262over, a transportation facility; the term includes, but is not
263limited to, a county, an incorporated municipality, a
264metropolitan planning organization, an expressway or
265transportation authority, a road and bridge district, a special
266road and bridge district, and a regional governmental unit.
267     (15)  "Local road" means a route providing service which is
268of relatively low average traffic volume, short average trip
269length or minimal through-traffic movements, and high land
270access for abutting property.
271     (14)(16)  "Metropolitan area" means a geographic region
272comprising as a minimum the existing urbanized area and the
273contiguous area projected to become urbanized within a 20-year
274forecast period. The boundaries of a metropolitan area may be
275designated so as to encompass a metropolitan statistical area or
276a consolidated metropolitan statistical area. If a metropolitan
277area, or any part thereof, is located within a nonattainment
278area, the boundaries of the metropolitan area must be designated
279so as to include the boundaries of the entire nonattainment
280area, unless otherwise provided by agreement between the
281applicable metropolitan planning organization and the Governor.
282     (15)(17)  "Metropolitan statistical area" means an area
283that includes a municipality of 50,000 persons or more, or an
284urbanized area of at least 50,000 persons as defined by the
285United States Bureau of the Census, provided that the component
286county or counties have a total population of at least 100,000.
287     (16)(18)  "Nonattainment area" means an area designated by
288the United States Environmental Protection Agency, pursuant to
289federal law, as exceeding national primary or secondary ambient
290air quality standards for the pollutants carbon monoxide or
292     (17)(19)  "Periodic maintenance" means activities that are
293large in scope and require a major work effort to restore
294deteriorated components of the transportation system to a safe
295and serviceable condition, including, but not limited to, the
296repair of large bridge structures, major repairs to bridges and
297bridge systems, and the mineral sealing of lengthy sections of
299     (18)(20)  "Person" means any person described in s. 1.01 or
300any unit of government in or outside the state.
301     (19)(21)  "Right of access" means the right of ingress to a
302highway from abutting land and egress from a highway to abutting
304     (20)(22)  "Right-of-way" means land in which the state, the
305department, a county, or a municipality owns the fee or has an
306easement devoted to or required for use as a transportation
308     (21)(23)  "Road" means a way open to travel by the public,
309including, but not limited to, a street, highway, or alley. The
310term includes associated sidewalks, the roadbed, the right-of-
311way, and all culverts, drains, sluices, ditches, water storage
312areas, waterways, embankments, slopes, retaining walls, bridges,
313tunnels, and viaducts necessary for the maintenance of travel
314and all ferries used in connection therewith.
315     (22)(24)  "Routine maintenance" means minor repairs and
316associated tasks necessary to maintain a safe and efficient
317transportation system. The term includes: pavement patching;
318shoulder repair; cleaning and repair of drainage ditches,
319traffic signs, and structures; mowing; bridge inspection and
320maintenance; pavement striping; litter cleanup; and other
321similar activities.
322     (23)(25)  "State Highway System" means the following, which
323shall be facilities to which access is regulated:
324     (a)  the interstate system and all other roads within the
325state which were under the jurisdiction of the state on June 10,
3261995, and roads constructed by an agency of the state for the
327State Highway System, and roads transferred to the state's
328jurisdiction after that date by mutual consent with another
329governmental entity, but not roads so transferred from the
330state's jurisdiction. Such facilities shall be facilities to
331which access is regulated.;
332     (b)  All rural arterial routes and their extensions into
333and through urban areas;
334     (c)  All urban principal arterial routes; and
335     (d)  The urban minor arterial mileage on the existing State
336Highway System as of July 1, 1987, plus additional mileage to
337comply with the 2-percent requirement as described below.
339However, not less than 2 percent of the public road mileage of
340each urbanized area on record as of June 30, 1986, shall be
341included as minor arterials in the State Highway System.
342Urbanized areas not meeting the foregoing minimum requirement
343shall have transferred to the State Highway System additional
344minor arterials of the highest significance in which case the
345total minor arterials in the State Highway System from any
346urbanized area shall not exceed 2.5 percent of that area's total
347public urban road mileage.
348     (24)(26)  "State Park Road System" means roads embraced
349within the boundaries of state parks and state roads leading to
350state parks, other than roads of the State Highway System, the
351county road systems, or the city street systems.
352     (25)(27)  "State road" means a street, road, highway, or
353other way open to travel by the public generally and dedicated
354to the public use according to law or by prescription and
355designated by the department, as provided by law, as part of the
356State Highway System.
357     (26)(28)  "Structure" means a bridge, viaduct, tunnel,
358causeway, approach, ferry slip, culvert, toll plaza, gate, or
359other similar facility used in connection with a transportation
361     (27)(29)  "Sufficiency rating" means the objective rating
362of a road or section of a road for the purpose of determining
363its capability to serve properly the actual or anticipated
364volume of traffic using the road.
365     (28)(30)  "Transportation corridor" means any land area
366designated by the state, a county, or a municipality which is
367between two geographic points and which area is used or suitable
368for the movement of people and goods by one or more modes of
369transportation, including areas necessary for management of
370access and securing applicable approvals and permits.
371Transportation corridors shall contain, but are not limited to,
372the following:
373     (a)  Existing publicly owned rights-of-way;
374     (b)  All property or property interests necessary for
375future transportation facilities, including rights of access,
376air, view, and light, whether public or private, for the purpose
377of securing and utilizing future transportation rights-of-way,
378including, but not limited to, any lands reasonably necessary
379now or in the future for securing applicable approvals and
380permits, borrow pits, drainage ditches, water retention areas,
381rest areas, replacement access for landowners whose access could
382be impaired due to the construction of a future facility, and
383replacement rights-of-way for relocation of rail and utility
385     (29)(31)  "Transportation facility" means any means for the
386transportation of people or property from place to place which
387is constructed, operated, or maintained in whole or in part from
388public funds. The term includes the property or property rights,
389both real and personal, which have been or may be established by
390public bodies for the transportation of people or property from
391place to place.
392     (30)(32)  "Urban area" means a geographic region comprising
393as a minimum the area inside the United States Bureau of the
394Census boundary of an urban place with a population of 5,000 or
395more persons, expanded to include adjacent developed areas as
396provided for by Federal Highway Administration regulations.
397     (33)  "Urban minor arterial road" means a route that
398generally interconnects with and augments an urban principal
399arterial road and provides service to trips of shorter length
400and a lower level of travel mobility. The term includes all
401arterials not classified as "principal" and contain facilities
402that place more emphasis on land access than the higher system.
403     (31)(34)  "Urban place" means a geographic region composed
404of one or more contiguous census tracts that have been found by
405the United States Bureau of the Census to contain a population
406density of at least 1,000 persons per square mile.
407     (35)  "Urban principal arterial road" means a route that
408generally serves the major centers of activity of an urban area,
409the highest traffic volume corridors, and the longest trip
410purpose and carries a high proportion of the total urban area
411travel on a minimum of mileage. Such roads are integrated, both
412internally and between major rural connections.
413     (32)(36)  "Urbanized area" means a geographic region
414comprising as a minimum the area inside an urban place of 50,000
415or more persons, as designated by the United States Bureau of
416the Census, expanded to include adjacent developed areas as
417provided for by Federal Highway Administration regulations.
418Urban areas with a population of fewer than 50,000 persons which
419are located within the expanded boundary of an urbanized area
420are not separately recognized.
421     Section 4.  Subsections (11) and (13) of section 334.044,
422Florida Statutes, are amended to read:
423     334.044  Department; powers and duties.-The department
424shall have the following general powers and duties:
425     (11)  To establish a numbering system for public roads, and
426to functionally classify such roads, and to assign
427jurisdictional responsibility.
428     (13)  To designate existing and to plan proposed
429transportation facilities as part of the State Highway System,
430and to construct, maintain, and operate such facilities.
431     Section 5.  Section 334.047, Florida Statutes, is amended
432to read:
433     334.047  Prohibition.-Notwithstanding any other provision
434of law to the contrary, the Department of Transportation may not
435establish a cap on the number of miles in the State Highway
436System or a maximum number of miles of urban principal arterial
437roads, as defined in s. 334.03, within a district or county.
438     Section 6.  Subsection (5) of section 336.021, Florida
439Statutes, is amended to read:
440     336.021  County transportation system; levy of ninth-cent
441fuel tax on motor fuel and diesel fuel.-
442     (5)  All impositions of the tax shall be levied before
443October 1 July 1 of each year to be effective January 1 of the
444following year. However, levies of the tax which were in effect
445on July 1, 2002, and which expire on August 31 of any year may
446be reimposed at the current authorized rate to be effective
447September 1 of the year of expiration. All impositions shall be
448required to end on December 31 of a year. A decision to rescind
449the tax shall not take effect on any date other than December 31
450and shall require a minimum of 60 days' notice to the department
451of such decision.
452     Section 7.  Paragraphs (a) and (b) of subsection (1),
453paragraph (a) of subsection (5), and paragraphs (d) and (e) of
454subsection (7) of section 336.025, Florida Statutes, are amended
455to read:
456     336.025  County transportation system; levy of local option
457fuel tax on motor fuel and diesel fuel.-
458     (1)(a)  In addition to other taxes allowed by law, there
459may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
4601-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
461fuel tax upon every gallon of motor fuel and diesel fuel sold in
462a county and taxed under the provisions of part I or part II of
463chapter 206.
464     1.  All impositions and rate changes of the tax shall be
465levied before October 1 July 1 to be effective January 1 of the
466following year for a period not to exceed 30 years, and the
467applicable method of distribution shall be established pursuant
468to subsection (3) or subsection (4). However, levies of the tax
469which were in effect on July 1, 2002, and which expire on August
47031 of any year may be reimposed at the current authorized rate
471effective September 1 of the year of expiration. Upon
472expiration, the tax may be relevied provided that a
473redetermination of the method of distribution is made as
474provided in this section.
475     2.  County and municipal governments shall utilize moneys
476received pursuant to this paragraph only for transportation
478     3.  Any tax levied pursuant to this paragraph may be
479extended on a majority vote of the governing body of the county.
480A redetermination of the method of distribution shall be
481established pursuant to subsection (3) or subsection (4), if,
482after July 1, 1986, the tax is extended or the tax rate changed,
483for the period of extension or for the additional tax.
484     (b)  In addition to other taxes allowed by law, there may
485be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
486cent, 4-cent, or 5-cent local option fuel tax upon every gallon
487of motor fuel sold in a county and taxed under the provisions of
488part I of chapter 206. The tax shall be levied by an ordinance
489adopted by a majority plus one vote of the membership of the
490governing body of the county or by referendum.
491     1.  All impositions and rate changes of the tax shall be
492levied before October 1 July 1, to be effective January 1 of the
493following year. However, levies of the tax which were in effect
494on July 1, 2002, and which expire on August 31 of any year may
495be reimposed at the current authorized rate effective September
4961 of the year of expiration.
497     2.  The county may, prior to levy of the tax, establish by
498interlocal agreement with one or more municipalities located
499therein, representing a majority of the population of the
500incorporated area within the county, a distribution formula for
501dividing the entire proceeds of the tax among county government
502and all eligible municipalities within the county. If no
503interlocal agreement is adopted before the effective date of the
504tax, tax revenues shall be distributed pursuant to the
505provisions of subsection (4). If no interlocal agreement exists,
506a new interlocal agreement may be established prior to June 1 of
507any year pursuant to this subparagraph. However, any interlocal
508agreement agreed to under this subparagraph after the initial
509levy of the tax or change in the tax rate authorized in this
510section shall under no circumstances materially or adversely
511affect the rights of holders of outstanding bonds which are
512backed by taxes authorized by this paragraph, and the amounts
513distributed to the county government and each municipality shall
514not be reduced below the amount necessary for the payment of
515principal and interest and reserves for principal and interest
516as required under the covenants of any bond resolution
517outstanding on the date of establishment of the new interlocal
519     3.  County and municipal governments shall use moneys
520received pursuant to this paragraph for transportation
521expenditures needed to meet the requirements of the capital
522improvements element of an adopted comprehensive plan or for
523expenditures needed to meet immediate local transportation
524problems and for other transportation-related expenditures that
525are critical for building comprehensive roadway networks by
526local governments. For purposes of this paragraph, expenditures
527for the construction of new roads, the reconstruction or
528resurfacing of existing paved roads, or the paving of existing
529graded roads shall be deemed to increase capacity and such
530projects shall be included in the capital improvements element
531of an adopted comprehensive plan. Expenditures for purposes of
532this paragraph shall not include routine maintenance of roads.
533     (5)(a)  By October 1 July 1 of each year, the county shall
534notify the Department of Revenue of the rate of the taxes levied
535pursuant to paragraphs (1)(a) and (b), and of its decision to
536rescind or change the rate of a tax, if applicable, and shall
537provide the department with a certified copy of the interlocal
538agreement established under subparagraph (1)(b)2. or
539subparagraph (3)(a)1. with distribution proportions established
540by such agreement or pursuant to subsection (4), if applicable.
541A decision to rescind a tax shall not take effect on any date
542other than December 31 and shall require a minimum of 60 days'
543notice to the Department of Revenue of such decision.
544     (7)  For the purposes of this section, "transportation
545expenditures" means expenditures by the local government from
546local or state shared revenue sources, excluding expenditures of
547bond proceeds, for the following programs:
548     (d)  Street lighting installation, operation, and
550     (e)  Traffic signs;, traffic engineering;, signalization
551installation, operation, and maintenance; and pavement markings.
552     Section 8.  Subsection (4) of section 337.111, Florida
553Statutes, is amended to read:
554     337.111  Contracting for monuments and memorials to
555military veterans at rest areas.-The Department of
556Transportation is authorized to enter into contract with any
557not-for-profit group or organization that has been operating for
558not less than 2 years for the installation of monuments and
559memorials honoring Florida's military veterans at highway rest
560areas around the state pursuant to the provisions of this
562     (4)  The group or organization making the proposal shall
563provide a 10-year bond, an annual renewable bond, an irrevocable
564letter of credit, or other form of security as approved by the
565department's comptroller, for the purpose of securing the cost
566of removal of the monument and any modifications made to the
567site as part of the placement of the monument should the
568Department of Transportation determine it necessary to remove or
569relocate the monument. Such removal or relocation shall be
570approved by the committee described in subsection (1). Prior to
571expiration, the bond shall be renewed for another 10-year period
572if the memorial is to remain in place.
573     Section 9.  Section 337.403, Florida Statutes, is amended
574to read:
575     337.403  Interference caused by Relocation of utility;
577     (1)  When a Any utility heretofore or hereafter placed
578upon, under, over, or along any public road or publicly owned
579rail corridor that is found by the authority to be unreasonably
580interfering in any way with the convenient, safe, or continuous
581use, or the maintenance, improvement, extension, or expansion,
582of such public road or publicly owned rail corridor, the utility
583owner shall, upon 30 days' written notice to the utility or its
584agent by the authority, initiate the work necessary to alleviate
585the interference be removed or relocated by such utility at its
586own expense except as provided in paragraphs (a)-(f). The work
587shall be completed within such time as stated in the notice or
588such time as agreed to by the authority and the utility owner.
589     (a)  If the relocation of utility facilities, as referred
590to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
591627 of the 84th Congress, is necessitated by the construction of
592a project on the federal-aid interstate system, including
593extensions thereof within urban areas, and the cost of the
594project is eligible and approved for reimbursement by the
595Federal Government to the extent of 90 percent or more under the
596Federal Aid Highway Act, or any amendment thereof, then in that
597event the utility owning or operating such facilities shall
598perform any necessary work relocate the facilities upon notice
599from order of the department, and the state shall pay the entire
600expense properly attributable to such work relocation after
601deducting therefrom any increase in the value of any the new
602facility and any salvage value derived from any the old
604     (b)  When a joint agreement between the department and the
605utility is executed for utility improvement, relocation, or
606removal work to be accomplished as part of a contract for
607construction of a transportation facility, the department may
608participate in those utility work improvement, relocation, or
609removal costs that exceed the department's official estimate of
610the cost of the work by more than 10 percent. The amount of such
611participation shall be limited to the difference between the
612official estimate of all the work in the joint agreement plus 10
613percent and the amount awarded for this work in the construction
614contract for such work. The department may not participate in
615any utility work improvement, relocation, or removal costs that
616occur as a result of changes or additions during the course of
617the contract.
618     (c)  When an agreement between the department and utility
619is executed for utility improvement, relocation, or removal work
620to be accomplished in advance of a contract for construction of
621a transportation facility, the department may participate in the
622cost of clearing and grubbing necessary to perform such work.
623     (d)  If the utility facility involved being removed or
624relocated was initially installed to exclusively serve the
625department, its tenants, or both, the department shall bear the
626costs of the utility work removing or relocating that utility
627facility. However, the department is not responsible for bearing
628the cost of utility work related to removing or relocating any
629subsequent additions to that facility for the purpose of serving
631     (e)  If, under an agreement between a utility and the
632authority entered into after July 1, 2009, the utility conveys,
633subordinates, or relinquishes a compensable property right to
634the authority for the purpose of accommodating the acquisition
635or use of the right-of-way by the authority, without the
636agreement expressly addressing future responsibility for the
637cost of necessary utility work removing or relocating the
638utility, the authority shall bear the cost of removal or
639relocation. This paragraph does not impair or restrict, and may
640not be used to interpret, the terms of any such agreement
641entered into before July 1, 2009.
642     (f)  If the utility is an electric facility being relocated
643underground in order to enhance vehicular, bicycle, and
644pedestrian safety and in which ownership of the electric
645facility to be placed underground has been transferred from a
646private to a public utility within the past 5 years, the
647department shall incur all costs of the necessary utility work
649     (2)  If such utility work removal or relocation is
650incidental to work to be done on such road or publicly owned
651rail corridor, the notice shall be given at the same time the
652contract for the work is advertised for bids, or no less than 30
653days prior to the commencement of such work by the authority,
654whichever is greater.
655     (3)  Whenever the notice from an order of the authority
656requires such utility work removal or change in the location of
657any utility from the right-of-way of a public road or publicly
658owned rail corridor, and the owner thereof fails perform the
659work to remove or change the same at his or her own expense to
660conform to the order within the time stated in the notice or
661such other time as agreed to by the authority and the utility
662owner, the authority shall proceed to cause the utility work to
663be performed to be removed. The expense thereby incurred shall
664be paid out of any money available therefor, and such expense
665shall, except as provided in subsection (1), be charged against
666the owner and levied and collected and paid into the fund from
667which the expense of such relocation was paid.
668     Section 10.  Subsection (1) of section 337.404, Florida
669Statutes, is amended to read:
670     337.404  Removal or relocation of utility facilities;
671notice and order; court review.-
672     (1)  Whenever it shall become necessary for the authority
673to perform utility work remove or relocate any utility as
674provided in s. 337.403 the preceding section, the owner of the
675utility, or the owner's chief agent, shall be given notice that
676the authority will perform of such work removal or relocation
677and, after the work is complete, shall be given an order
678requiring the payment of the cost thereof, and a shall be given
679reasonable time, which shall not be less than 20 nor more than
68030 days, in which to appear before the authority to contest the
681reasonableness of the order. Should the owner or the owner's
682representative not appear, the determination of the cost to the
683owner shall be final. Authorities considered agencies for the
684purposes of chapter 120 shall adjudicate removal or relocation
685of utilities pursuant to chapter 120.
686     Section 11.  Subsections (1) and (4) of section 337.408,
687Florida Statutes, are amended to read:
688     337.408  Regulation of bus stops, benches, transit
689shelters, street light poles, waste disposal receptacles, and
690modular news racks within rights-of-way.-
691     (1)  Benches or transit shelters, including advertising
692displayed on benches or transit shelters, may be installed
693within the right-of-way limits of any municipal, county, or
694state road, except a limited access highway, provided that such
695benches or transit shelters are for the comfort or convenience
696of the general public or are at designated stops on official bus
697routes and provided that written authorization has been given to
698a qualified private supplier of such service by the municipal
699government within whose incorporated limits such benches or
700transit shelters are installed or by the county government
701within whose unincorporated limits such benches or transit
702shelters are installed. A municipality or county may authorize
703the installation, without public bid, of benches and transit
704shelters together with advertising displayed thereon within the
705right-of-way limits of such roads. All installations shall be in
706compliance with all applicable laws and rules, including,
707without limitation, the Americans with Disabilities Act.
708Municipalities or counties shall indemnify, defend, and hold
709harmless the department from any suits, actions, proceedings,
710claims, losses, costs, charges, expenses, damages, liabilities,
711attorney fees, and court costs relating to the installation,
712removal, or relocation of such installations. Any contract for
713the installation of benches or transit shelters or advertising
714on benches or transit shelters which was entered into before
715April 8, 1992, without public bidding is ratified and affirmed.
716Such benches or transit shelters may not interfere with right-
717of-way preservation and maintenance. Any bench or transit
718shelter located on a sidewalk within the right-of-way limits of
719any road on the State Highway System or the county road system
720shall be located so as to leave at least 36 inches of clearance
721for pedestrians and persons in wheelchairs. Such clearance shall
722be measured in a direction perpendicular to the centerline of
723the road.
724     (4)  The department has the authority to direct the
725immediate relocation or removal of any bus stop, bench, transit
726shelter, waste disposal receptacle, public pay telephone, or
727modular news rack that endangers life or property, or that is
728otherwise not in compliance with applicable laws and rules,
729except that transit bus benches that were placed in service
730before April 1, 1992, are not required to comply with bench size
731and advertising display size requirements established by the
732department before March 1, 1992. If a municipality or county
733fails to comply with the department's direction, the department
734shall remove the noncompliant installation, charge the cost of
735the removal to the municipality or county, and may deduct or
736offset such cost from any other funding available to the
737municipality or county from the department. Any transit bus
738bench that was in service before April 1, 1992, may be replaced
739with a bus bench of the same size or smaller, if the bench is
740damaged or destroyed or otherwise becomes unusable. The
741department may adopt rules relating to the regulation of bench
742size and advertising display size requirements. If a
743municipality or county within which a bench is to be located has
744adopted an ordinance or other applicable regulation that
745establishes bench size or advertising display sign requirements
746different from requirements specified in department rule, the
747local government requirement applies within the respective
748municipality or county. Placement of any bench or advertising
749display on the National Highway System under a local ordinance
750or regulation adopted under this subsection is subject to
751approval of the Federal Highway Administration.
752     Section 12.  Chapter 338, Florida Statutes, is retitled
754     Section 13.  Section 338.001, Florida Statutes, is
756     Section 14.  Subsections (1) through (6) of section 338.01,
757Florida Statutes, are renumbered as subsections (2) through (7),
758respectively, and a new subsection (1) is added to that section
759to read:
760     338.01  Authority to establish and regulate limited access
762     (1)  The department is authorized to establish limited
763access facilities as provided in s. 335.02. The primary function
764of such limited access facilities is to allow high-speed and
765high-volume traffic movements within the state. Access to
766abutting land is subordinate to this function, and such access
767must be prohibited or highly regulated.
768     Section 15.  Section 339.155, Florida Statutes, is amended
769to read:
770     339.155  Transportation planning.-
771     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
772develop and annually update a statewide transportation plan, to
773be known as the Florida Transportation Plan. The plan shall be
774designed so as to be easily read and understood by the general
775public. The purpose of the Florida Transportation Plan is to
776establish and define the state's long-range transportation goals
777and objectives to be accomplished over a period of at least 20
778years within the context of the State Comprehensive Plan, and
779any other statutory mandates and authorizations and based upon
780the prevailing principles of: preserving the existing
781transportation infrastructure; enhancing Florida's economic
782competitiveness; and improving travel choices to ensure
783mobility. The Florida Transportation Plan shall consider the
784needs of the entire state transportation system and examine the
785use of all modes of transportation to effectively and
786efficiently meet such needs.
787     (2)  SCOPE OF PLANNING PROCESS.-The department shall carry
788out a transportation planning process in conformance with s.
789334.046(1) and 23 U.S.C. s. 135. which provides for
790consideration of projects and strategies that will:
791     (a)  Support the economic vitality of the United States,
792Florida, and the metropolitan areas, especially by enabling
793global competitiveness, productivity, and efficiency;
794     (b)  Increase the safety and security of the transportation
795system for motorized and nonmotorized users;
796     (c)  Increase the accessibility and mobility options
797available to people and for freight;
798     (d)  Protect and enhance the environment, promote energy
799conservation, and improve quality of life;
800     (e)  Enhance the integration and connectivity of the
801transportation system, across and between modes throughout
802Florida, for people and freight;
803     (f)  Promote efficient system management and operation; and
804     (g)  Emphasize the preservation of the existing
805transportation system.
806     (3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
807Transportation Plan shall be a unified, concise planning
808document that clearly defines the state's long-range
809transportation goals and objectives and documents the
810department's short-range objectives developed to further such
811goals and objectives. The plan shall:
812     (a)  Include a glossary that clearly and succinctly defines
813any and all phrases, words, or terms of art included in the
814plan, with which the general public may be unfamiliar. and shall
815consist of, at a minimum, the following components:
816     (b)(a)  Document A long-range component documenting the
817goals and long-term objectives necessary to implement the
818results of the department consistent with department's findings
819from its examination of the criteria listed in subsection (2)
820and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
822     (c)  Be developed in cooperation with the metropolitan
823planning organizations and reconciled, to the maximum extent
824feasible, with the long-range plans developed by metropolitan
825planning organizations pursuant to s. 339.175. The plan must
827     (d)  Be developed in consultation with affected local
828officials in nonmetropolitan areas and with any affected Indian
829tribal governments. The plan must
830     (e)  Provide an examination of transportation issues likely
831to arise during at least a 20-year period. The long-range
832component shall
833     (f)  Be updated at least once every 5 years, or more often
834as necessary, to reflect substantive changes to federal or state
836     (b)  A short-range component documenting the short-term
837objectives and strategies necessary to implement the goals and
838long-term objectives contained in the long-range component. The
839short-range component must define the relationship between the
840long-range goals and the short-range objectives, specify those
841objectives against which the department's achievement of such
842goals will be measured, and identify transportation strategies
843necessary to efficiently achieve the goals and objectives in the
844plan. It must provide a policy framework within which the
845department's legislative budget request, the strategic
846information resource management plan, and the work program are
847developed. The short-range component shall serve as the
848department's annual agency strategic plan pursuant to s.
849186.021. The short-range component shall be developed consistent
850with available and forecasted state and federal funds. The
851short-range component shall also be submitted to the Florida
852Transportation Commission.
853     (4)  ANNUAL PERFORMANCE REPORT.-The department shall
854develop an annual performance report evaluating the operation of
855the department for the preceding fiscal year. The report shall
856also include a summary of the financial operations of the
857department and shall annually evaluate how well the adopted work
858program meets the short-term objectives contained in the short-
859range component of the Florida Transportation Plan. This
860performance report shall be submitted to the Florida
861Transportation Commission and the legislative appropriations and
862transportation committees.
864     (a)  Upon request by local governmental entities, the
865department may in its discretion develop and design
866transportation corridors, arterial and collector streets,
867vehicular parking areas, and other support facilities which are
868consistent with the plans of the department for major
869transportation facilities. The department may render to local
870governmental entities or their planning agencies such technical
871assistance and services as are necessary so that local plans and
872facilities are coordinated with the plans and facilities of the
874     (b)  Each regional planning council, as provided for in s.
875186.504, or any successor agency thereto, shall develop, as an
876element of its strategic regional policy plan, transportation
877goals and policies. The transportation goals and policies must
878be prioritized to comply with the prevailing principles provided
879in subsection (2) and s. 334.046(1). The transportation goals
880and policies shall be consistent, to the maximum extent
881feasible, with the goals and policies of the metropolitan
882planning organization and the Florida Transportation Plan. The
883transportation goals and policies of the regional planning
884council will be advisory only and shall be submitted to the
885department and any affected metropolitan planning organization
886for their consideration and comments. Metropolitan planning
887organization plans and other local transportation plans shall be
888developed consistent, to the maximum extent feasible, with the
889regional transportation goals and policies. The regional
890planning council shall review urbanized area transportation
891plans and any other planning products stipulated in s. 339.175
892and provide the department and respective metropolitan planning
893organizations with written recommendations which the department
894and the metropolitan planning organizations shall take under
895advisement. Further, the regional planning councils shall
896directly assist local governments which are not part of a
897metropolitan area transportation planning process in the
898development of the transportation element of their comprehensive
899plans as required by s. 163.3177.
900     (c)  Regional transportation plans may be developed in
901regional transportation areas in accordance with an interlocal
902agreement entered into pursuant to s. 163.01 by two or more
903contiguous metropolitan planning organizations; one or more
904metropolitan planning organizations and one or more contiguous
905counties, none of which is a member of a metropolitan planning
906organization; a multicounty regional transportation authority
907created by or pursuant to law; two or more contiguous counties
908that are not members of a metropolitan planning organization; or
909metropolitan planning organizations comprised of three or more
911     (d)  The interlocal agreement must, at a minimum, identify
912the entity that will coordinate the development of the regional
913transportation plan; delineate the boundaries of the regional
914transportation area; provide the duration of the agreement and
915specify how the agreement may be terminated, modified, or
916rescinded; describe the process by which the regional
917transportation plan will be developed; and provide how members
918of the entity will resolve disagreements regarding
919interpretation of the interlocal agreement or disputes relating
920to the development or content of the regional transportation
921plan. Such interlocal agreement shall become effective upon its
922recordation in the official public records of each county in the
923regional transportation area.
924     (e)  The regional transportation plan developed pursuant to
925this section must, at a minimum, identify regionally significant
926transportation facilities located within a regional
927transportation area and contain a prioritized list of regionally
928significant projects. The level-of-service standards for
929facilities to be funded under this subsection shall be adopted
930by the appropriate local government in accordance with s.
931163.3180(10). The projects shall be adopted into the capital
932improvements schedule of the local government comprehensive plan
933pursuant to s. 163.3177(3).
936     (a)  During the development of the long-range component of
937the Florida Transportation Plan and prior to substantive
938revisions, the department shall provide citizens, affected
939public agencies, representatives of transportation agency
940employees, other affected employee representatives, private
941providers of transportation, and other known interested parties
942with an opportunity to comment on the proposed plan or
943revisions. These opportunities shall include, at a minimum,
944publishing a notice in the Florida Administrative Weekly and
945within a newspaper of general circulation within the area of
946each department district office.
947     (b)  During development of major transportation
948improvements, such as those increasing the capacity of a
949facility through the addition of new lanes or providing new
950access to a limited or controlled access facility or
951construction of a facility in a new location, the department
952shall hold one or more hearings prior to the selection of the
953facility to be provided; prior to the selection of the site or
954corridor of the proposed facility; and prior to the selection of
955and commitment to a specific design proposal for the proposed
956facility. Such public hearings shall be conducted so as to
957provide an opportunity for effective participation by interested
958persons in the process of transportation planning and site and
959route selection and in the specific location and design of
960transportation facilities. The various factors involved in the
961decision or decisions and any alternative proposals shall be
962clearly presented so that the persons attending the hearing may
963present their views relating to the decision or decisions which
964will be made.
965     (c)  Opportunity for design hearings:
966     1.  The department, prior to holding a design hearing,
967shall duly notify all affected property owners of record, as
968recorded in the property appraiser's office, by mail at least 20
969days prior to the date set for the hearing. The affected
970property owners shall be:
971     a.  Those whose property lies in whole or in part within
972300 feet on either side of the centerline of the proposed
974     b.  Those whom the department determines will be
975substantially affected environmentally, economically, socially,
976or safetywise.
977     2.  For each subsequent hearing, the department shall
978publish notice prior to the hearing date in a newspaper of
979general circulation for the area affected. These notices must be
980published twice, with the first notice appearing at least 15
981days, but no later than 30 days, before the hearing.
982     3.  A copy of the notice of opportunity for the hearing
983must be furnished to the United States Department of
984Transportation and to the appropriate departments of the state
985government at the time of publication.
986     4.  The opportunity for another hearing shall be afforded
987in any case when proposed locations or designs are so changed
988from those presented in the notices specified above or at a
989hearing as to have a substantially different social, economic,
990or environmental effect.
991     5.  The opportunity for a hearing shall be afforded in each
992case in which the department is in doubt as to whether a hearing
993is required.
994     Section 16.  Section 339.62, Florida Statutes, is amended
995to read:
996     339.62  System components.-The Strategic Intermodal System
997shall consist of appropriate components of:
998     (1)  Highway corridors The Florida Intrastate Highway
999System established under s. 339.65 s. 338.001.
1000     (2)  The National Highway System.
1001     (3)  Airport, seaport, and spaceport facilities.
1002     (4)  Rail lines and rail facilities.
1003     (5)  Selected intermodal facilities; passenger and freight
1004terminals; and appropriate components of the State Highway
1005System, county road system, city street system, inland
1006waterways, and local public transit systems that serve as
1007existing or planned connectors between the components listed in
1008subsections (1)-(4).
1009     (6)  Other existing or planned corridors that serve a
1010statewide or interregional purpose.
1011     Section 17.  Subsection (2) of section 339.63, Florida
1012Statutes, is amended to read:
1013     339.63  System facilities designated; additions and
1015     (2)  The Strategic Intermodal System and the Emerging
1016Strategic Intermodal System include four three different types
1017of facilities that each form one component of an interconnected
1018transportation system which types include:
1019     (a)  Existing or planned hubs that are ports and terminals
1020including airports, seaports, spaceports, passenger terminals,
1021and rail terminals serving to move goods or people between
1022Florida regions or between Florida and other markets in the
1023United States and the rest of the world;
1024     (b)  Existing or planned corridors that are highways, rail
1025lines, waterways, and other exclusive-use facilities connecting
1026major markets within Florida or between Florida and other states
1027or nations; and
1028     (c)  Existing or planned intermodal connectors that are
1029highways, rail lines, waterways or local public transit systems
1030serving as connectors between the components listed in
1031paragraphs (a) and (b).
1032     (d)  Existing or planned military access facilities that
1033are highways or rail lines linking Strategic Intermodal System
1034corridors to the state's strategic military installations.
1035     Section 18.  Section 339.64, Florida Statutes, is amended
1036to read:
1037     339.64  Strategic Intermodal System Plan.-
1038     (1)  The department shall develop, in cooperation with
1039metropolitan planning organizations, regional planning councils,
1040local governments, the Statewide Intermodal Transportation
1041Advisory Council and other transportation providers, a Strategic
1042Intermodal System Plan. The plan shall be consistent with the
1043Florida Transportation Plan developed pursuant to s. 339.155 and
1044shall be updated at least once every 5 years, subsequent to
1045updates of the Florida Transportation Plan.
1046     (2)  In association with the continued development of the
1047Strategic Intermodal System Plan, the Florida Transportation
1048Commission, as part of its work program review process, shall
1049conduct an annual assessment of the progress that the department
1050and its transportation partners have made in realizing the goals
1051of economic development, improved mobility, and increased
1052intermodal connectivity of the Strategic Intermodal System. The
1053Florida Transportation Commission shall coordinate with the
1054department, the Statewide Intermodal Transportation Advisory
1055Council, and other appropriate entities when developing this
1056assessment. The Florida Transportation Commission shall deliver
1057a report to the Governor and Legislature no later than 14 days
1058after the regular session begins, with recommendations as
1059necessary to fully implement the Strategic Intermodal System.
1060     (3)(a)  During the development of updates to the Strategic
1061Intermodal System Plan, the department shall provide
1062metropolitan planning organizations, regional planning councils,
1063local governments, transportation providers, affected public
1064agencies, and citizens with an opportunity to participate in and
1065comment on the development of the update.
1066     (b)  The department also shall coordinate with federal,
1067regional, and local partners the planning for the Strategic
1068Highway Network and the Strategic Rail Corridor Network
1069transportation facilities that either are included in the
1070Strategic Intermodal System or that provide a direct connection
1071between military installations and the Strategic Intermodal
1072System. In addition, the department shall coordinate with
1073regional and local partners to determine whether the road and
1074other transportation infrastructure that connect military
1075installations to the Strategic Intermodal System, the Strategic
1076Highway Network, or the Strategic Rail Corridor is regionally
1077significant and should be included in the Strategic Intermodal
1078System Plan.
1079     (4)  The Strategic Intermodal System Plan shall include the
1081     (a)  A needs assessment.
1082     (b)  A project prioritization process.
1083     (c)  A map of facilities designated as Strategic Intermodal
1084System facilities; facilities that are emerging in importance
1085and that are likely to become part of the system in the future;
1086and planned facilities that will meet the established criteria.
1087     (d)  A finance plan based on reasonable projections of
1088anticipated revenues, including both 10-year and at least 20-
1089year cost-feasible components.
1090     (e)  An assessment of the impacts of proposed improvements
1091to Strategic Intermodal System corridors on military
1092installations that are either located directly on the Strategic
1093Intermodal System or located on the Strategic Highway Network or
1094Strategic Rail Corridor Network.
1096     (a)  The Statewide Intermodal Transportation Advisory
1097Council is created to advise and make recommendations to the
1098Legislature and the department on policies, planning, and
1099funding of intermodal transportation projects. The council's
1100responsibilities shall include:
1101     1.  Advising the department on the policies, planning, and
1102implementation of strategies related to intermodal
1104     2.  Providing advice and recommendations to the Legislature
1105on funding for projects to move goods and people in the most
1106efficient and effective manner for the State of Florida.
1107     (b)  MEMBERSHIP.-Members of the Statewide Intermodal
1108Transportation Advisory Council shall consist of the following:
1109     1.  Six intermodal industry representatives selected by the
1110Governor as follows:
1111     a.  One representative from an airport involved in the
1112movement of freight and people from their airport facility to
1113another transportation mode.
1114     b.  One individual representing a fixed-route, local-
1115government transit system.
1116     c.  One representative from an intercity bus company
1117providing regularly scheduled bus travel as determined by
1118federal regulations.
1119     d.  One representative from a spaceport.
1120     e.  One representative from intermodal trucking companies.
1121     f.  One representative having command responsibilities of a
1122major military installation.
1123     2.  Three intermodal industry representatives selected by
1124the President of the Senate as follows:
1125     a.  One representative from major-line railroads.
1126     b.  One representative from seaports listed in s. 311.09(1)
1127from the Atlantic Coast.
1128     c.  One representative from an airport involved in the
1129movement of freight and people from their airport facility to
1130another transportation mode.
1131     3.  Three intermodal industry representatives selected by
1132the Speaker of the House of Representatives as follows:
1133     a.  One representative from short-line railroads.
1134     b.  One representative from seaports listed in s. 311.09(1)
1135from the Gulf Coast.
1136     c.  One representative from intermodal trucking companies.
1137In no event may this representative be employed by the same
1138company that employs the intermodal trucking company
1139representative selected by the Governor.
1140     (c)  Initial appointments to the council must be made no
1141later than 30 days after the effective date of this section.
1142     1.  The initial appointments made by the President of the
1143Senate and the Speaker of the House of Representatives shall
1144serve terms concurrent with those of the respective appointing
1145officer. Beginning January 15, 2005, and for all subsequent
1146appointments, council members appointed by the President of the
1147Senate and the Speaker of the House of Representatives shall
1148serve 2-year terms, concurrent with the term of the respective
1149appointing officer.
1150     2.  The initial appointees, and all subsequent appointees,
1151made by the Governor shall serve 2-year terms.
1152     3.  Vacancies on the council shall be filled in the same
1153manner as the initial appointments.
1154     (d)  Each member of the council shall be allowed one vote.
1155The council shall select a chair from among its membership.
1156Meetings shall be held at the call of the chair, but not less
1157frequently than quarterly. The members of the council shall be
1158reimbursed for per diem and travel expenses as provided in s.
1160     (e)  The department shall provide administrative staff
1161support and shall ensure that council meetings are
1162electronically recorded. Such recordings and all documents
1163received, prepared for, or used by the council in conducting its
1164business shall be preserved pursuant to chapters 119 and 257.
1165     Section 19.  Section 339.65, Florida Statutes, is created
1166to read:
1167     339.65  Strategic Intermodal System highway corridors.-
1168     (1)  The department shall plan and develop Strategic
1169Intermodal System highway corridors, including limited and
1170controlled access facilities, allowing for high-speed and high-
1171volume traffic movements within the state. The primary function
1172of these corridors is to provide such traffic movements. Access
1173to abutting land is subordinate to this function, and such
1174access must be prohibited or highly regulated.
1175     (2)  Strategic Intermodal System highway corridors shall
1176include facilities from the following components of the State
1177Highway System that meet the criteria adopted by the department
1178pursuant to s. 339.63:
1179     (a)  Interstate highways.
1180     (b)  The Florida Turnpike System.
1181     (c)  Interregional and intercity limited access facilities.
1182     (d)  Existing interregional and intercity arterial highways
1183previously upgraded or upgraded in the future to limited access
1184or controlled access facility standards.
1185     (e)  New limited access facilities necessary to complete a
1186balanced statewide system.
1187     (3)  The department shall adhere to the following policy
1188guidelines in the development of Strategic Intermodal System
1189highway corridors:
1190     (a)  Make capacity improvements to existing facilities
1191where feasible to minimize costs and environmental impacts.
1192     (b)  Identify appropriate arterial highways in major
1193transportation corridors for inclusion in a program to bring
1194these facilities up to limited access or controlled access
1195facility standards.
1196     (c)  Coordinate proposed projects with appropriate limited
1197access projects undertaken by expressway authorities and local
1198governmental entities.
1199     (d)  Maximize the use of limited access facility standards
1200when constructing new arterial highways.
1201     (e)  Identify appropriate new limited access highways for
1202inclusion as a part of the Florida Turnpike System.
1203     (f)  To the maximum extent feasible, ensure that proposed
1204projects are consistent with approved local government
1205comprehensive plans of the local jurisdictions in which such
1206facilities are to be located and with the transportation
1207improvement program of any metropolitan planning organization in
1208which such facilities are to be located.
1209     (4)  The department shall develop and maintain a plan of
1210Strategic Intermodal System highway corridor projects that are
1211anticipated to be let to contract for construction within a time
1212period of at least 20 years. The plan shall also identify when
1213segments of the corridor will meet the standards and criteria
1214developed pursuant to subsection (5).
1215     (5)  The department shall establish the standards and
1216criteria for the functional characteristics and design of
1217facilities proposed as part of Strategic Intermodal System
1218highway corridors.
1219     (6)  For the purposes of developing the proposed Strategic
1220Intermodal System highway corridors, beginning in fiscal year
12212003-2004 and for each fiscal year thereafter, the minimum
1222amount allocated shall be based on the fiscal year 2003-2004
1223allocation of $450 million adjusted annually by the change in
1224the Consumer Price Index for the prior fiscal year compared to
1225the Consumer Price Index for fiscal year 2003-2004.
1226     (7)  Any project to be constructed as part of a Strategic
1227Intermodal System highway corridor shall be included in the
1228department's adopted work program. Any Strategic Intermodal
1229System highway corridor projects that are added to or deleted
1230from the previous adopted work program, or any modification to
1231Strategic Intermodal System highway corridor projects contained
1232in the previous adopted work program, shall be specifically
1233identified and submitted as a separate part of the tentative
1234work program.
1235     Section 20.  Section 479.075, Florida Statutes, is created
1236to read:
1237     479.075  Sign permit fee limitations.-
1238     (1)  As used in this section, the term:
1239     (a)  "Sign" means any sign, wall mural, or media tower as
1240defined in s. 479.01 or as defined by a local government
1241agreement, resolution, or ordinance.
1242     (b)  "Sign permit fee" means any payment required as a
1243condition for building, erecting, inspecting, renewing,
1244maintaining, operating, relocating, or reconstructing a sign or
1245required pursuant to any agreement, ordinance, or resolution
1246that includes any provision relating to the issuance of a sign
1247permit or otherwise authorizing the building, erection,
1248inspection, renewal, maintenance, operation, relocation, or
1249reconstruction of a sign.
1250     (2)  A local government may establish by agreement,
1251resolution, or ordinance a sign permit fee schedule and may
1252assess fees for sign permits. The fee schedule must be based on
1253the actual costs of administering its sign permitting program,
1254but may not exceed $500 per sign per year.
1255     Section 21.  Edna S. Hargrett-Thrower Avenue designated;
1256Department of Transportation to erect suitable markers.-
1257     (1)  That portion of Orange Blossom Trail between W. Gore
1258Street and W. Church Street in Orange County is designated as
1259"Edna S. Hargrett-Thrower Avenue."
1260     (2)  The Department of Transportation is directed to erect
1261suitable markers designating Edna S. Hargrett-Thrower Avenue as
1262described in subsection (1).
1263     Section 22.  SP4 Thomas Berry Corbin Memorial Highway
1264designated; Department of Transportation to erect suitable
1266     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
1267between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1268Road/Kate Green Road in Dixie County is designated as "SP4
1269Thomas Berry Corbin Memorial Highway."
1270     (2)  The Department of Transportation is directed to erect
1271suitable markers designating SP4 Thomas Berry Corbin Memorial
1272Highway as described in subsection (1).
1273     Section 23.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1274Memorial Highway designated; Department of Transportation to
1275erect suitable markers.-
1276     (1)  That portion of U.S. Highway 19/98/State Road 55
1277between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1278170th Street in Dixie County is designated as "U.S. Navy BMC
1279Samuel Calhoun Chavous, Jr. Memorial Highway."
1280     (2)  The Department of Transportation is directed to erect
1281suitable markers designating U.S. Navy BMC Samuel Calhoun
1282Chavous, Jr. Memorial Highway as described in subsection (1).
1283     Section 24.  Marine Lance Corporal Brian R. Buesing
1284Memorial Highway designated; Department of Transportation to
1285erect suitable markers.-
1286     (1)  That portion of State Road 24 between County Road 347
1287and Bridge Number 340053 in Levy County is designated as "Marine
1288Lance Corporal Brian R. Buesing Memorial Highway."
1289     (2)  The Department of Transportation is directed to erect
1290suitable markers designating Marine Lance Corporal Brian R.
1291Buesing Memorial Highway as described in subsection (1).
1292     Section 25.  United States Army Sergeant Karl A. Campbell
1293Memorial Highway designated; Department of Transportation to
1294erect suitable markers.-
1295     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
1296Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1297County is designated as "United States Army Sergeant Karl A.
1298Campbell Memorial Highway."
1299     (2)  The Department of Transportation is directed to erect
1300suitable markers designating United States Army Sergeant Karl A.
1301Campbell Memorial Highway as described in subsection (1).
1302     Section 26.  U.S. Army SPC James A. Page Memorial Highway
1303designated; Department of Transportation to erect suitable
1305     (1)  That portion of U.S. Highway 27A/State Road
1306500/Hathaway Avenue between State Road 24/Thrasher Drive and
1307Town Court in Levy County is designated as "U.S. Army SPC James
1308A. Page Memorial Highway."
1309     (2)  The Department of Transportation is directed to erect
1310suitable markers designating U.S. Army SPC James A. Page
1311Memorial Highway as described in subsection (1).
1312     Section 27.  Veterans Memorial Highway designated;
1313Department of Transportation to erect suitable markers.-
1314     (1)  That portion of State Road 19 between U.S. Highway
131517/State Road 15 and Carriage Drive in the City of Palatka in
1316Putnam County is designated as "Veterans Memorial Highway."
1317     (2)  The Department of Transportation is directed to erect
1318suitable markers designating Veterans Memorial Highway as
1319described in subsection (1).
1320     Section 28.  Ben G. Watts Highway designated; Department of
1321Transportation to erect suitable markers.-
1322     (1)  That portion of U.S. Highway 90 in Washington County
1323between the Jackson County line and the Holmes County line at
1324the Holmes Creek Bridge is designated as "Ben G. Watts Highway."
1325     (2)  The Department of Transportation is directed to erect
1326suitable markers designating Ben G. Watts Highway as described
1327in subsection (1).
1328     Section 29.  Mardi Gras Way designated; Department of
1329Transportation to erect suitable markers.-
1330     (1)  That portion of State Road 824 between Interstate 95
1331and U.S. Highway 1 in Broward County is designated as "Mardi
1332Gras Way."
1333     (2)  The Department of Transportation is directed to erect
1334suitable markers designating Mardi Gras Way as described in
1335subsection (1).
1336     Section 30.  West Park Boulevard designated; Department of
1337Transportation to erect suitable markers.-
1338     (1)  That portion of State Road 7 between Pembroke Road and
1339County Line Road in Broward County is designated as "West Park
1341     (2)  The Department of Transportation is directed to erect
1342suitable markers designating West Park Boulevard as described in
1343subsection (1).
1344     Section 31.  Pembroke Park Boulevard designated; Department
1345of Transportation to erect suitable markers.-
1346     (1)  That portion of State Road 858/Hallandale Beach
1347Boulevard between Interstate 95 and U.S. Highway 441/State Road
13487 in Broward County is designated as "Pembroke Park Boulevard."
1349     (2)  The Department of Transportation is directed to erect
1350suitable markers designating Pembroke Park Boulevard as
1351described in subsection (1).
1352     Section 32.  Stark Memorial Drive designated; Department of
1353Transportation to erect suitable markers.-
1354     (1)  That portion of State Road 101/Mayport Road between
1355State Road A1A and Wonderwood Connector in Duval County is
1356designated as "Stark Memorial Drive."
1357     (2)  The Department of Transportation is directed to erect
1358suitable markers designating Stark Memorial Drive as described
1359in subsection (1).
1360     Section 33.  Duval County Law Enforcement Memorial Overpass
1361designated; Department of Transportation to erect suitable
1363     (1)  The Interstate 295/State Road 9A overpass (Bridge Nos.
1364720256 and 720347) over Interstate 10/State Road 8 in Duval
1365County is designated as "Duval County Law Enforcement Memorial
1367     (2)  The Department of Transportation is directed to erect
1368suitable markers designating Duval County Law Enforcement
1369Memorial Overpass as described in subsection (1).
1370     Section 34.  Verna Bell Way designated; Department of
1371Transportation to erect suitable markers.-
1372     (1)  That portion of State Road 200 between Lime Street and
1373Beech Street in the City of Fernandina Beach in Nassau County is
1374designated as "Verna Bell Way."
1375     (2)  The Department of Transportation is directed to erect
1376suitable markers designating Verna Bell Way as described in
1377subsection (1).
1378     Section 35.  Deputy Hal P. Croft and Deputy Ronald Jackson
1379Memorial Highway designated; Department of Transportation to
1380erect suitable markers.-
1381     (1)  That portion of State Road 100 East between the
1382Bradford County line and the Columbia County line in Union
1383County is designated as "Deputy Hal P. Croft and Deputy Ronald
1384Jackson Memorial Highway."
1385     (2)  The Department of Transportation is directed to erect
1386suitable markers designating Deputy Hal P. Croft and Deputy
1387Ronald Jackson Memorial Highway as described in subsection (1).
1388     Section 36.  Dr. Oscar Elias Biscet Boulevard designated;
1389Department of Transportation to erect suitable markers.-
1390     (1)  That portion of Coral Way between S.W. 32nd Avenue and
1391S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1392Oscar Elias Biscet Boulevard."
1393     (2)  The Department of Transportation is directed to erect
1394suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1395described in subsection (1).
1396     Section 37.  Alma Lee Loy Bridge designated; Department of
1397Transportation to erect suitable markers.-
1398     (1)  The bridge on State Road 656 in Indian River County
1399between State Road A1A and Indian River Boulevard in Vero Beach
1400is designated as "Alma Lee Loy Bridge."
1401     (2)  The Department of Transportation is directed to erect
1402suitable markers designating Alma Lee Loy Bridge as described
1403subsection (1).
1404     Section 38.  Section 24 of chapter 2010-230, Laws of
1405Florida, is amended to read:
1406     Section 24.  Miss Lillie Williams Boulevard designated;
1407Department of Transportation to erect suitable markers.-
1408     (1)  That portion of N.W. 79th Street between N.W. 6th
1409Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1410designated as "Miss Lillie Williams Boulevard."
1411     (2)  The Department of Transportation is directed to erect
1412suitable markers designating Miss Lillie Williams Boulevard as
1413described in subsection (1).
1414     Section 39.  Section 45 of chapter 2010-230, Laws of
1415Florida, is amended to read:
1416     Section 45.  Father Gerard Jean-Juste Street designated;
1417Department of Transportation to erect suitable markers.-
1418     (1)  That portion of N.W. 54th Street in Miami-Dade County
1419between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1420is designated "Father Gerard Jean-Juste Street."
1421     (2)  The Department of Transportation is directed to erect
1422suitable markers designating Father Gerard Jean-Juste Street as
1423described in subsection (1).
1424     Section 40.  Paragraph (a) of subsection (12) of section
1425163.3180, Florida Statutes, is amended to read:
1426     163.3180  Concurrency.-
1427     (12)(a)  A development of regional impact may satisfy the
1428transportation concurrency requirements of the local
1429comprehensive plan, the local government's concurrency
1430management system, and s. 380.06 by payment of a proportionate-
1431share contribution for local and regionally significant traffic
1432impacts, if:
1433     1.  The development of regional impact which, based on its
1434location or mix of land uses, is designed to encourage
1435pedestrian or other nonautomotive modes of transportation;
1436     2.  The proportionate-share contribution for local and
1437regionally significant traffic impacts is sufficient to pay for
1438one or more required mobility improvements that will benefit a
1439regionally significant transportation facility;
1440     3.  The owner and developer of the development of regional
1441impact pays or assures payment of the proportionate-share
1442contribution; and
1443     4.  If the regionally significant transportation facility
1444to be constructed or improved is under the maintenance authority
1445of a governmental entity, as defined by s. 334.03(12), other
1446than the local government with jurisdiction over the development
1447of regional impact, the developer is required to enter into a
1448binding and legally enforceable commitment to transfer funds to
1449the governmental entity having maintenance authority or to
1450otherwise assure construction or improvement of the facility.
1452The proportionate-share contribution may be applied to any
1453transportation facility to satisfy the provisions of this
1454subsection and the local comprehensive plan, but, for the
1455purposes of this subsection, the amount of the proportionate-
1456share contribution shall be calculated based upon the cumulative
1457number of trips from the proposed development expected to reach
1458roadways during the peak hour from the complete buildout of a
1459stage or phase being approved, divided by the change in the peak
1460hour maximum service volume of roadways resulting from
1461construction of an improvement necessary to maintain the adopted
1462level of service, multiplied by the construction cost, at the
1463time of developer payment, of the improvement necessary to
1464maintain the adopted level of service. For purposes of this
1465subsection, "construction cost" includes all associated costs of
1466the improvement. Proportionate-share mitigation shall be limited
1467to ensure that a development of regional impact meeting the
1468requirements of this subsection mitigates its impact on the
1469transportation system but is not responsible for the additional
1470cost of reducing or eliminating backlogs. This subsection also
1471applies to Florida Quality Developments pursuant to s. 380.061
1472and to detailed specific area plans implementing optional sector
1473plans pursuant to s. 163.3245.
1474     Section 41.  Paragraph (k) of subsection (1) of section
1475163.3187, Florida Statutes, is amended to read:
1476     163.3187  Amendment of adopted comprehensive plan.-
1477     (1)  Amendments to comprehensive plans adopted pursuant to
1478this part may be made not more than two times during any
1479calendar year, except:
1480     (k)  A local comprehensive plan amendment directly related
1481to providing transportation improvements to enhance life safety
1482on controlled access major arterial highways identified in the
1483Strategic Intermodal System Florida Intrastate Highway System,
1484in counties as defined in s. 125.011, where such roadways have a
1485high incidence of traffic accidents resulting in serious injury
1486or death. Any such amendment shall not include any amendment
1487modifying the designation on a comprehensive development plan
1488land use map nor any amendment modifying the allowable densities
1489or intensities of any land.
1490     Section 42.  Subsection (3) of section 288.063, Florida
1491Statutes, is amended to read:
1492     288.063  Contracts for transportation projects.-
1493     (3)  With respect to any contract executed pursuant to this
1494section, the term "transportation project" means a
1495transportation facility as defined in s. 334.03(31) which is
1496necessary in the judgment of the Office of Tourism, Trade, and
1497Economic Development to facilitate the economic development and
1498growth of the state. Except for applications received prior to
1499July 1, 1996, such transportation projects shall be approved
1500only as a consideration to attract new employment opportunities
1501to the state or expand or retain employment in existing
1502companies operating within the state, or to allow for the
1503construction or expansion of a state or federal correctional
1504facility in a county with a population of 75,000 or less that
1505creates new employment opportunities or expands or retains
1506employment in the county. The Office of Tourism, Trade, and
1507Economic Development shall institute procedures to ensure that
1508small and minority businesses have equal access to funding
1509provided under this section. Funding for approved transportation
1510projects may include any expenses, other than administrative
1511costs and equipment purchases specified in the contract,
1512necessary for new, or improvement to existing, transportation
1513facilities. Funds made available pursuant to this section may
1514not be expended in connection with the relocation of a business
1515from one community to another community in this state unless the
1516Office of Tourism, Trade, and Economic Development determines
1517that without such relocation the business will move outside this
1518state or determines that the business has a compelling economic
1519rationale for the relocation which creates additional jobs.
1520Subject to appropriation for projects under this section, any
1521appropriation greater than $10 million shall be allocated to
1522each of the districts of the Department of Transportation to
1523ensure equitable geographical distribution. Such allocated funds
1524that remain uncommitted by the third quarter of the fiscal year
1525shall be reallocated among the districts based on pending
1526project requests.
1527     Section 43.  Paragraph (b) of subsection (3) of section
1528311.07, Florida Statutes, is amended to read:
1529     311.07  Florida seaport transportation and economic
1530development funding.-
1531     (3)
1532     (b)  Projects eligible for funding by grants under the
1533program are limited to the following port facilities or port
1534transportation projects:
1535     1.  Transportation facilities within the jurisdiction of
1536the port.
1537     2.  The dredging or deepening of channels, turning basins,
1538or harbors.
1539     3.  The construction or rehabilitation of wharves, docks,
1540structures, jetties, piers, storage facilities, cruise
1541terminals, automated people mover systems, or any facilities
1542necessary or useful in connection with any of the foregoing.
1543     4.  The acquisition of vessel tracking systems, container
1544cranes, or other mechanized equipment used in the movement of
1545cargo or passengers in international commerce.
1546     5.  The acquisition of land to be used for port purposes.
1547     6.  The acquisition, improvement, enlargement, or extension
1548of existing port facilities.
1549     7.  Environmental protection projects which are necessary
1550because of requirements imposed by a state agency as a condition
1551of a permit or other form of state approval; which are necessary
1552for environmental mitigation required as a condition of a state,
1553federal, or local environmental permit; which are necessary for
1554the acquisition of spoil disposal sites and improvements to
1555existing and future spoil sites; or which result from the
1556funding of eligible projects listed in this paragraph.
1557     8.  Transportation facilities as defined in s. 334.03(31)
1558which are not otherwise part of the Department of
1559Transportation's adopted work program.
1560     9.  Seaport intermodal access projects identified in the 5-
1561year Florida Seaport Mission Plan as provided in s. 311.09(3).
1562     10.  Construction or rehabilitation of port facilities as
1563defined in s. 315.02, excluding any park or recreational
1564facilities, in ports listed in s. 311.09(1) with operating
1565revenues of $5 million or less, provided that such projects
1566create economic development opportunities, capital improvements,
1567and positive financial returns to such ports.
1568     Section 44.  Subsection (7) of section 311.09, Florida
1569Statutes, is amended to read:
1570     311.09  Florida Seaport Transportation and Economic
1571Development Council.-
1572     (7)  The Department of Transportation shall review the list
1573of projects approved by the council for consistency with the
1574Florida Transportation Plan and the department's adopted work
1575program. In evaluating the consistency of a project, the
1576department shall determine whether the transportation impact of
1577the proposed project is adequately handled by existing state-
1578owned transportation facilities or by the construction of
1579additional state-owned transportation facilities as identified
1580in the Florida Transportation Plan and the department's adopted
1581work program. In reviewing for consistency a transportation
1582facility project as defined in s. 334.03(31) which is not
1583otherwise part of the department's work program, the department
1584shall evaluate whether the project is needed to provide for
1585projected movement of cargo or passengers from the port to a
1586state transportation facility or local road. If the project is
1587needed to provide for projected movement of cargo or passengers,
1588the project shall be approved for consistency as a consideration
1589to facilitate the economic development and growth of the state
1590in a timely manner. The Department of Transportation shall
1591identify those projects which are inconsistent with the Florida
1592Transportation Plan and the adopted work program and shall
1593notify the council of projects found to be inconsistent.
1594     Section 45.  Section 316.2122, Florida Statutes, is amended
1595to read:
1596     316.2122  Operation of a low-speed vehicle or mini truck on
1597certain roadways.-The operation of a low-speed vehicle as
1598defined in s. 320.01(42) or a mini truck as defined in s.
1599320.01(45) on any road as defined in s. 334.03(15) or (33) is
1600authorized with the following restrictions:
1601     (1)  A low-speed vehicle or mini truck may be operated only
1602on streets where the posted speed limit is 35 miles per hour or
1603less. This does not prohibit a low-speed vehicle or mini truck
1604from crossing a road or street at an intersection where the road
1605or street has a posted speed limit of more than 35 miles per
1607     (2)  A low-speed vehicle must be equipped with headlamps,
1608stop lamps, turn signal lamps, taillamps, reflex reflectors,
1609parking brakes, rearview mirrors, windshields, seat belts, and
1610vehicle identification numbers.
1611     (3)  A low-speed vehicle or mini truck must be registered
1612and insured in accordance with s. 320.02 and titled pursuant to
1613chapter 319.
1614     (4)  Any person operating a low-speed vehicle or mini truck
1615must have in his or her possession a valid driver's license.
1616     (5)  A county or municipality may prohibit the operation of
1617low-speed vehicles or mini trucks on any road under its
1618jurisdiction if the governing body of the county or municipality
1619determines that such prohibition is necessary in the interest of
1621     (6)  The Department of Transportation may prohibit the
1622operation of low-speed vehicles or mini trucks on any road under
1623its jurisdiction if it determines that such prohibition is
1624necessary in the interest of safety.
1625     Section 46.  Section 318.12, Florida Statutes, is amended
1626to read:
1627     318.12  Purpose.-It is the legislative intent in the
1628adoption of this chapter to decriminalize certain violations of
1629chapter 316, the Florida Uniform Traffic Control Law; chapter
1630320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1631chapter 338, Limited Access Florida Intrastate Highway System
1632and Toll Facilities; and chapter 1006, Support of Learning,
1633thereby facilitating the implementation of a more uniform and
1634expeditious system for the disposition of traffic infractions.
1635     Section 47.  Subsection (3) of section 335.02, Florida
1636Statutes, is amended to read:
1637     335.02  Authority to designate transportation facilities
1638and rights-of-way and establish lanes; procedure for
1639redesignation and relocation; application of local regulations.-
1640     (3)  The department may establish standards for lanes on
1641the State Highway System, including the Strategic Intermodal
1642System highway corridors Florida Intrastate Highway System
1643established pursuant to s. 339.65 338.001. In determining the
1644number of lanes for any regional corridor or section of highway
1645on the State Highway System to be funded by the department with
1646state or federal funds, the department shall evaluate all
1647alternatives and seek to achieve the highest degree of efficient
1648mobility for corridor users. In conducting the analysis, the
1649department must give consideration to the following factors
1650consistent with sound engineering principles:
1651     (a)  Overall economic importance of the corridor as a trade
1652or tourism corridor.
1653     (b)  Safety of corridor users, including the importance of
1654the corridor for evacuation purposes.
1655     (c)  Cost-effectiveness of alternative methods of
1656increasing the mobility of corridor users.
1657     (d)  Current and projected traffic volumes on the corridor.
1658     (e)  Multimodal alternatives.
1659     (f)  Use of intelligent transportation technology in
1660increasing the efficiency of the corridor.
1661     (g)  Compliance with state and federal policies related to
1662clean air, environmental impacts, growth management, livable
1663communities, and energy conservation.
1664     (h)  Addition of special use lanes, such as exclusive truck
1665lanes, high-occupancy-vehicle toll lanes, and exclusive
1666interregional traffic lanes.
1667     (i)  Availability and cost of rights-of-way, including
1668associated costs, and the most effective use of existing rights-
1670     (j)  Regional economic and transportation objectives, where
1672     (k)  The future land use plan element of local government
1673comprehensive plans, as appropriate, including designated urban
1674infill and redevelopment areas.
1675     (l)  The traffic circulation element, if applicable, of
1676local government comprehensive plans, including designated
1677transportation corridors and public transportation corridors.
1678     (m)  The approved metropolitan planning organization's
1679long-range transportation plan, as appropriate.
1681This subsection does not preclude a number of lanes in excess of
168210 lanes, but an additional factor that must be considered
1683before the department may determine that the number of lanes
1684should be more than 10 is the capacity to accommodate in the
1685future alternative forms of transportation within existing or
1686potential rights-of-way.
1687     Section 48.  Section 336.01, Florida Statutes, is amended
1688to read:
1689     336.01  Designation of county road system.-The county road
1690system shall be as defined in s. 334.03(8).
1691     Section 49.  Subsection (2) of section 338.222, Florida
1692Statutes, is amended to read:
1693     338.222  Department of Transportation sole governmental
1694entity to acquire, construct, or operate turnpike projects;
1696     (2)  The department may contract with any local
1697governmental entity as defined in s. 334.03(13)(14) for the
1698design, right-of-way acquisition, or construction of any
1699turnpike project which the Legislature has approved. Local
1700governmental entities may negotiate with the department for the
1701design, right-of-way acquisition, and construction of any
1702section of the turnpike project within areas of their respective
1703jurisdictions or within counties with which they have interlocal
1705     Section 50.  Paragraph (b) of subsection (1) of section
1706338.223, Florida Statutes, is amended to read:
1707     338.223  Proposed turnpike projects.-
1708     (1)
1709     (b)  Any proposed turnpike project or improvement shall be
1710developed in accordance with the Florida Transportation Plan and
1711the work program pursuant to s. 339.135. Turnpike projects that
1712add capacity, alter access, affect feeder roads, or affect the
1713operation of the local transportation system shall be included
1714in the transportation improvement plan of the affected
1715metropolitan planning organization. If such turnpike project
1716does not fall within the jurisdiction of a metropolitan planning
1717organization, the department shall notify the affected county
1718and provide for public hearings in accordance with s.
1720     Section 51.  Subsection (4) of section 338.227, Florida
1721Statutes, is amended to read:
1722     338.227  Turnpike revenue bonds.-
1723     (4)  The Department of Transportation and the Department of
1724Management Services shall create and implement an outreach
1725program designed to enhance the participation of minority
1726persons and minority business enterprises in all contracts
1727entered into by their respective departments for services
1728related to the financing of department projects for the
1729Strategic Intermodal System Plan developed pursuant to s. 339.64
1730Florida Intrastate Highway System Plan. These services shall
1731include, but not be limited to, bond counsel and bond
1733     Section 52.  Subsection (2) of section 338.2275, Florida
1734Statutes, is amended to read:
1735     338.2275  Approved turnpike projects.-
1736     (2)  The department is authorized to use turnpike revenues,
1737the State Transportation Trust Fund moneys allocated for
1738turnpike projects pursuant to s. 339.65 s. 338.001, federal
1739funds, and bond proceeds, and shall use the most cost-efficient
1740combination of such funds, in developing a financial plan for
1741funding turnpike projects. The department must submit a report
1742of the estimated cost for each ongoing turnpike project and for
1743each planned project to the Legislature 14 days before the
1744convening of the regular legislative session. Verification of
1745economic feasibility and statements of environmental feasibility
1746for individual turnpike projects must be based on the entire
1747project as approved. Statements of environmental feasibility are
1748not required for those projects listed in s. 12, chapter 90-136,
1749Laws of Florida, for which the Project Development and
1750Environmental Reports were completed by July 1, 1990. All
1751required environmental permits must be obtained before the
1752department may advertise for bids for contracts for the
1753construction of any turnpike project.
1754     Section 53.  Section 338.228, Florida Statutes, is amended
1755to read:
1756     338.228  Bonds not debts or pledges of credit of state.-
1757Turnpike revenue bonds issued under the provisions of ss.
1758338.22-338.241 are not debts of the state or pledges of the
1759faith and credit of the state. Such bonds are payable
1760exclusively from revenues pledged for their payment. All such
1761bonds shall contain a statement on their face that the state is
1762not obligated to pay the same or the interest thereon, except
1763from the revenues pledged for their payment, and that the faith
1764and credit of the state is not pledged to the payment of the
1765principal or interest of such bonds. The issuance of turnpike
1766revenue bonds under the provisions of ss. 338.22-338.241 does
1767not directly, indirectly, or contingently obligate the state to
1768levy or to pledge any form of taxation whatsoever, or to make
1769any appropriation for their payment. Except as provided in ss.
1770338.001, 338.223, and 338.2275, and 339.65, no state funds shall
1771be used on any turnpike project or to pay the principal or
1772interest of any bonds issued to finance or refinance any portion
1773of the turnpike system, and all such bonds shall contain a
1774statement on their face to this effect.
1775     Section 54.  Subsection (2) of section 338.234, Florida
1776Statutes, is amended to read:
1777     338.234  Granting concessions or selling along the turnpike
1778system; immunity from taxation.-
1779     (2)  The effectuation of the authorized purposes of the
1780Strategic Intermodal System, created under ss. 339.61-339.65,
1781Florida Intrastate Highway System and Florida Turnpike
1782Enterprise, created under this chapter, is for the benefit of
1783the people of the state, for the increase of their commerce and
1784prosperity, and for the improvement of their health and living
1785conditions; and, because the system and enterprise perform
1786essential government functions in effectuating such purposes,
1787neither the turnpike enterprise nor any nongovernment lessee or
1788licensee renting, leasing, or licensing real property from the
1789turnpike enterprise, pursuant to an agreement authorized by this
1790section, are required to pay any commercial rental tax imposed
1791under s. 212.031 on any capital improvements constructed,
1792improved, acquired, installed, or used for such purposes.
1793     Section 55.  Subsections (1) and (3) of section 339.2819,
1794Florida Statutes, are amended to read:
1795     339.2819  Transportation Regional Incentive Program.-
1796     (1)  There is created within the Department of
1797Transportation a Transportation Regional Incentive Program for
1798the purpose of providing funds to improve regionally significant
1799transportation facilities in regional transportation areas
1800created pursuant to s. 339.155(4)(5).
1801     (3)  The department shall allocate funding available for
1802the Transportation Regional Incentive Program to the districts
1803based on a factor derived from equal parts of population and
1804motor fuel collections for eligible counties in regional
1805transportation areas created pursuant to s. 339.155(4)(5).
1806     Section 56.  Subsection (6) of section 339.285, Florida
1807Statutes, is amended to read:
1808     339.285  Enhanced Bridge Program for Sustainable
1810     (6)  Preference shall be given to bridge projects located
1811on corridors that connect to the Strategic Intermodal System,
1812created under s. 339.64, and that have been identified as
1813regionally significant in accordance with s. 339.155(4)(5)(c),
1814(d), and (e).
1815     Section 57.  Subsection (2) of section 341.053, Florida
1816Statutes, is amended to read:
1817     341.053  Intermodal Development Program; administration;
1818eligible projects; limitations.-
1819     (2)  In recognition of the department's role in the
1820economic development of this state, the department shall develop
1821a proposed intermodal development plan to connect Florida's
1822airports, deepwater seaports, rail systems serving both
1823passenger and freight, and major intermodal connectors to the
1824Strategic Intermodal System highway corridors Florida Intrastate
1825Highway System facilities as the primary system for the movement
1826of people and freight in this state in order to make the
1827intermodal development plan a fully integrated and
1828interconnected system. The intermodal development plan must:
1829     (a)  Define and assess the state's freight intermodal
1830network, including airports, seaports, rail lines and terminals,
1831intercity bus lines and terminals, and connecting highways.
1832     (b)  Prioritize statewide infrastructure investments,
1833including the acceleration of current projects, which are found
1834by the Freight Stakeholders Task Force to be priority projects
1835for the efficient movement of people and freight.
1836     (c)  Be developed in a manner that will assure maximum use
1837of existing facilities and optimum integration and coordination
1838of the various modes of transportation, including both
1839government-owned and privately owned resources, in the most
1840cost-effective manner possible.
1841     Section 58.  Subsection (2) of section 341.8225, Florida
1842Statutes, is amended to read:
1843     341.8225  Department of Transportation sole governmental
1844entity to acquire, construct, or operate high-speed rail
1845projects; exception.-
1846     (2)  Local governmental entities, as defined in s.
1847334.03(13)(14), may negotiate with the department for the
1848design, right-of-way acquisition, and construction of any
1849component of the high-speed rail system within areas of their
1850respective jurisdictions or within counties with which they have
1851interlocal agreements.
1852     Section 59.  Paragraph (a) of subsection (2) of section
1853403.7211, Florida Statutes, is amended to read:
1854     403.7211  Hazardous waste facilities managing hazardous
1855wastes generated offsite; federal facilities managing hazardous
1857     (2)  The department shall not issue any permit under s.
1858403.722 for the construction, initial operation, or substantial
1859modification of a facility for the disposal, storage, or
1860treatment of hazardous waste generated offsite which is proposed
1861to be located in any of the following locations:
1862     (a)  Any area where life-threatening concentrations of
1863hazardous substances could accumulate at any residence or
1864residential subdivision as the result of a catastrophic event at
1865the proposed facility, unless each such residence or residential
1866subdivision is served by at least one arterial road or urban
1867minor arterial road, as determined under the procedures
1868referenced in s. 334.03(9) defined in s. 334.03, which provides
1869safe and direct egress by land to an area where such life-
1870threatening concentrations of hazardous substances could not
1871accumulate in a catastrophic event. Egress by any road leading
1872from any residence or residential subdivision to any point
1873located within 1,000 yards of the proposed facility is unsafe
1874for the purposes of this paragraph. In determining whether
1875egress proposed by the applicant is safe and direct, the
1876department shall also consider, at a minimum, the following
1878     1.  Natural barriers such as water bodies, and whether any
1879road in the proposed evacuation route is impaired by a natural
1880barrier such as a water body;
1881     2.  Potential exposure during egress and potential
1882increases in the duration of exposure;
1883     3.  Whether any road in a proposed evacuation route passes
1884in close proximity to the facility; and
1885     4.  Whether any portion of the evacuation route is
1886inherently directed toward the facility.
1888For the purposes of this subsection, all distances shall be
1889measured from the outer limit of the active hazardous waste
1890management area. "Substantial modification" includes: any
1891physical change in, change in the operations of, or addition to
1892a facility which could increase the potential offsite impact, or
1893risk of impact, from a release at that facility; and any change
1894in permit conditions which is reasonably expected to lead to
1895greater potential impacts or risks of impacts, from a release at
1896that facility. "Substantial modification" does not include a
1897change in operations, structures, or permit conditions which
1898does not substantially increase either the potential impact
1899from, or the risk of, a release. Physical or operational changes
1900to a facility related solely to the management of nonhazardous
1901waste at the facility shall not be considered a substantial
1902modification. The department shall, by rule, adopt criteria to
1903determine whether a facility has been substantially modified.
1904"Initial operation" means the initial commencement of operations
1905at the facility.
1906     Section 60.  Subsection (27) of section 479.01, Florida
1907Statutes, is amended to read:
1908     479.01  Definitions.-As used in this chapter, the term:
1909     (27)  "Urban area" has the same meaning as defined in s.
1911     Section 61.  Subsection (1) of section 479.07, Florida
1912Statutes, is amended to read:
1913     479.07  Sign permits.-
1914     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1915person may not erect, operate, use, or maintain, or cause to be
1916erected, operated, used, or maintained, any sign on the State
1917Highway System outside an urban area, as defined in s.
1918334.03(32), or on any portion of the interstate or federal-aid
1919primary highway system without first obtaining a permit for the
1920sign from the department and paying the annual fee as provided
1921in this section. As used in this section, the term "on any
1922portion of the State Highway System, interstate, or federal-aid
1923primary system" means a sign located within the controlled area
1924which is visible from any portion of the main-traveled way of
1925such system.
1926     Section 62.  Subsection (5) of section 479.261, Florida
1927Statutes, is amended to read:
1928     479.261  Logo sign program.-
1929     (5)  At a minimum, permit fees for businesses that
1930participate in the program must be established in an amount
1931sufficient to offset the total cost to the department for the
1932program, including contract costs. The department shall provide
1933the services in the most efficient and cost-effective manner
1934through department staff or by contracting for some or all of
1935the services. The department shall adopt rules that set
1936reasonable rates based upon factors such as population, traffic
1937volume, market demand, and costs for annual permit fees.
1938However, annual permit fees for sign locations inside an urban
1939area, as defined in s. 334.03(32), may not exceed $3,500, and
1940annual permit fees for sign locations outside an urban area, as
1941defined in s. 334.03(32), may not exceed $2,000. After
1942recovering program costs, the proceeds from the annual permit
1943fees shall be deposited into the State Transportation Trust Fund
1944and used for transportation purposes.
1945     Section 63.  This act shall take effect July 1, 2011.

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