CS/CS/HB 1363

A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 120.80, F.S., relating to rulemaking;
4exempting the adjustment of tolls under specified
5provisions from provisions requiring a statement of
6estimated regulatory costs and a requirement for
7legislative ratification; amending s. 286.011, F.S.;
8providing for the conduct of transportation agency public
9meetings through the use of communications media
10technology; amending s. 316.091, F.S.; requiring the
11department to establish a pilot program to open certain
12limited access highways and bridges to bicycles and other
13human-powered vehicles; providing requirements for the
14pilot program; amending s. 316.302, F.S.; exempting
15operators of farm labor vehicles from certain safety
16regulations under certain circumstances; amending s.
17334.03, F.S.; revising definitions for purposes of the
18Florida Transportation Code; amending s. 334.044, F.S.;
19revising the powers and duties of the department relating
20to jurisdictional responsibility and designating
21facilities; amending s. 334.047, F.S.; repealing a
22provision prohibiting the department from establishing a
23maximum number of miles of urban principal arterial roads
24within a district or county; amending s. 336.021, F.S.;
25revising the date when imposition of the ninth-cent fuel
26tax is to be levied; amending s. 336.025, F.S.; revising
27the dates when impositions or rate changes of the local
28option fuel tax are to be levied and when counties must
29notify the Department of Revenue of such rates or rate
30changes; revising the definition of "transportation
31expenditures"; amending s. 337.111, F.S.; providing
32additional forms of security for the cost of removal of
33monuments or memorials or modifications to an installation
34site at highway rest areas; removing a provision requiring
35renewal of a bond; amending ss. 337.403 and 337.404, F.S.;
36revising provisions for alleviation of interference with a
37public road or publically owned rail corridor caused by a
38utility facility; requiring the utility owner to initiate
39and complete the work necessary within a certain time
40period; providing for notice to the utility; revising
41provisions for payment of costs; revising provisions for
42completion of work when the utility owner does not perform
43the work; amending s. 337.408, F.S.; revising provisions
44for certain facilities installed within the right-of-way
45limits of roads; requiring counties and municipalities to
46indemnify the department from certain claims relating to
47the installation, removal, or relocation of a noncompliant
48bench or shelter; authorizing the department to direct a
49county or municipality to remove or relocate a bus stop,
50bench, transit shelter, waste disposal receptacle, public
51pay telephone, or modular news rack that is not in
52compliance with applicable laws or rules; directing the
53department to remove or relocate such installation and
54charge the cost to the county or municipality; authorizing
55the department to deduct the cost from funding available
56to the municipality or county from the department;
57removing a provision for the replacement of an unusable
58transit bus bench that was in service before a certain
59date; revising the title of chapter 338, F.S.; repealing
60s. 338.001, F.S., relating to provisions for the Florida
61Intrastate Highway System Plan; amending s. 338.01, F.S.;
62including authority of the department in provisions for
63the establishment limited access facilities; amending s.
64339.155, F.S.; revising provisions for statewide
65transportation planning by the department; providing for
66federally required transportation planning factors;
67revising provisions for the Florida Transportation Plan;
68removing certain reporting requirements; revising
69requirements for public participation in the planning
70process; amending s. 339.63, F.S.; providing for inclusion
71of certain access facilities in the Strategic Intermodal
72System and the Emerging Strategic Intermodal System;
73amending s. 339.64, F.S.; revising provisions for
74development of the Strategic Intermodal System Plan;
75removing the Statewide Intermodal Transportation Advisory
76Council; creating s. 339.65, F.S.; providing for the
77department to plan and develop Strategic Intermodal System
78highway corridors; providing for allocations of funds on a
79specified basis; providing for corridor projects to be
80included in the department's adopted work program and
81changes to be a separate part of the tentative work
82program; creating s. 479.075, F.S.; defining the terms
83"sign" and "sign permit fee"; establishing limitations on
84fees charged for sign permits; requiring a fee schedule to
85be based on actual costs; providing for effect with
86respect to any agreement, resolution, or ordinance;
87requiring removal of a sign to adhere to specified
88provisions; amending s. 479.106, F.S.; revising
89requirements for an application for a permit to remove,
90cut, or trim trees or vegetation around a sign; requiring
91that the application include a vegetation management plan,
92a mitigation contribution to a trust fund, or a
93combination of both; providing certain evaluation
94criteria; providing criteria for the use of herbicides;
95providing a time limit within which the Department of
96Transportation must act; providing that the permit is
97valid for 5 years; providing for an extension of the
98permit; reducing the number of nonconforming signs that
99must be removed before a permit may be issued for certain
100signs; providing criteria for view zones; requiring the
101department to provide notice to the sign owner of
102beautification projects or vegetation planting; amending
103s. 479.16, F.S.; exempting signs erected under the local
104tourist-oriented commerce signs pilot program from certain
105permit requirements; exempting certain temporary signs for
106farm operations from permit requirements; creating s.
107479.263, F.S.; creating the tourist-oriented commerce
108signs pilot program; exempting commercial signs that meet
109certain criteria from permit requirements; providing for
110future expiration of the pilot program; designating Edna
111S. Hargrett-Thrower Avenue in Orange County; designating
112SP4 Thomas Berry Corbin Memorial Highway and U.S. Navy BMC
113Samuel Calhoun Chavous, Jr. Memorial Highway in Dixie
114County; designating Marine Lance Corporal Brian R. Buesing
115Memorial Highway, United States Army Sergeant Karl A.
116Campbell Memorial Highway, and U.S. Army SPC James A. Page
117Memorial Highway in Levy County; designating Veterans
118Memorial Highway in Putnam County; designating Ben G.
119Watts Highway in Washington County; designating Mardi Gras
120Way, West Park Boulevard, and Pembroke Park Boulevard in
121Broward County; designating Stark Memorial Drive and Duval
122County Law Enforcement Memorial Overpass in Duval County;
123designating Verna Bell Way in Nassau County; designating
124Deputy Hal P. Croft and Deputy Ronald Jackson Memorial
125Highway in Union County; designating Dr. Oscar Elias
126Biscet Boulevard in Miami-Dade County; designating Alma
127Lee Loy Bridge in Indian River County; amending ss. 24 and
12845, ch. 2010-230, Laws of Florida; revising the
129designation for Miss Lillie Williams Boulevard and Father
130Gerard Jean-Juste Street in Miami-Dade County; directing
131the Department of Transportation to erect suitable
132markers; amending ss. 163.3180, 288.063, 311.07, 311.09,
133316.2122, 316.515, 336.01, 338.222, 338.223, 338.2275,
134338.228, 339.2819, 339.285, 341.8225, 479.01, 479.07, and
135479.261, F.S., relating to transportation concurrency,
136contracts, port facilities, Florida Seaport Transportation
137and Economic Development Council, low-speed vehicles and
138mini trucks, width and height limitations, the county road
139system, turnpike projects, revenue bonds, Transportation
140Regional Incentive Program, Enhanced Bridge Program for
141Sustainable Transportation, high-speed rail projects,
142outdoor advertising, sign permits, and the Logo sign
143program, respectively; revising cross-references; amending
144ss. 163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
145341.053, and 403.7211, F.S., relating to comprehensive
146plans, traffic infractions, standards for lanes, services
147related to the financing of projects, concessions along
148the turnpike, components of the Strategic Intermodal
149System, Intermodal Development Program, and hazardous
150waste facilities, respectively; revising references to
151conform to the incorporation of the Florida Intrastate
152Highway System into the Strategic Intermodal System and to
153changes made by the act; providing an effective date.
155Be It Enacted by the Legislature of the State of Florida:
157     Section 1.  Subsection (17) is added to section 120.80,
158Florida Statutes, to read:
159     120.80  Exceptions and special requirements; agencies.-
160     (17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
161and 120.541 do not apply to the adjustment of tolls pursuant to
162s. 338.165(3).
163     Section 2.  Subsection (9) is added to section 286.011,
164Florida Statutes, to read:
165     286.011  Public meetings and records; public inspection;
166criminal and civil penalties.-
167     (9)  Transportation and expressway authorities created
168under chapter 343, chapter 348, or chapter 349 which are subject
169to this section may conduct public meetings and workshops by
170means of communications media technology, as provided in s.
172     Section 3.  Subsection (4) of section 316.091, Florida
173Statutes, is amended, present subsection (5) of that section is
174renumbered as subsection (6), and a new subsection (5) is added
175to that section, to read:
176     316.091  Limited access facilities; interstate highways;
177use restricted.-
178     (4)  No person shall operate a bicycle or other human-
179powered vehicle on the roadway or along the shoulder of a
180limited access highway, including bridges, unless official signs
181and a designated marked bicycle lane are present at the entrance
182of the section of highway indicating that such use is permitted
183pursuant to a pilot program of the Department of Transportation
184an interstate highway.
185     (5)  The Department of Transportation shall establish a 2-
186year pilot program, in three separate urban areas, in which it
187shall erect signs and designated marked bicycle lanes indicating
188highway approaches and bridge segments of limited access
189highways as open to use by operators of bicycles and other
190human-powered vehicles, under the following conditions:
191     (a)  The limited access highway approaches and bridge
192segments chosen must cross a river, lake, bay, inlet, or surface
193water, where no street or highway crossing the water body is
194available for use within 2 miles of entrance to the limited
195access facility, measured along the shortest public right-of-
197     (b)  The Department of Transportation, with the concurrence
198of the Federal Highway Administration on interstate facilities,
199shall establish the three highway approaches and bridge segments
200for the pilot project by October 1, 2011. In selecting the
201highway approaches and bridge segments, the Department of
202Transportation shall consider, without limitation, a minimum
203size of population in the urban area within 5 miles of the
204highway approach and bridge segment, the lack of bicycle access
205by other means, cost, safety, and operational impacts.
206     (c)  The Department of Transportation shall begin the pilot
207program by erecting signs and designating marked bicycle lanes
208indicating highway approaches and bridge segments of limited
209access highway, as qualified by the conditions described in this
210subsection, as open to use by operators of bicycles and other
211human-powered vehicles no later than January 1, 2012.
212     (d)  The Department of Transportation shall conduct the
213pilot program for a minimum of 2 years following the
214implementation date. The department may continue to provide
215bicycle access on the highway approaches and bridge segments
216chosen for the pilot program or initiate bicycle access on other
217limited access facilities after the end of the program.
218     (e)  The Department of Transportation shall submit a report
219of its findings and recommendations from the pilot program to
220the Governor, the President of the Senate, and the Speaker of
221the House of Representatives by September 1, 2014. The report
222shall include, at a minimum, bicycle crash data occurring in
223designated segments of the pilot program, usage by operators of
224bicycles and other human-powered vehicles, enforcement issues,
225operational impacts, and the cost of the pilot program.
226     Section 4.  Paragraph (b) of subsection (2) of section
227316.302, Florida Statutes, is amended to read:
228     316.302  Commercial motor vehicles; safety regulations;
229transporters and shippers of hazardous materials; enforcement.-
230     (2)
231     (b)  Except as provided in 49 C.F.R. s. 395.1, a person who
232operates a commercial motor vehicle solely in intrastate
233commerce not transporting any hazardous material in amounts that
234require placarding pursuant to 49 C.F.R. part 172 may not drive:
235     1.  More than 12 hours following 10 consecutive hours off
236duty; or
237     2.  For any period after the end of the 16th hour after
238coming on duty following 10 consecutive hours off duty.
240The provisions of This paragraph does do not apply to operators
241of farm labor vehicles during a state of emergency declared by
242the Governor or under s. 570.07(21) or to drivers of utility
243service vehicles as defined in 49 C.F.R. s. 395.2.
244     Section 5.  Section 334.03, Florida Statutes, is amended to
246     334.03  Definitions.-When used in the Florida
247Transportation Code, the term:
248     (1)(37)  "511" or "511 services" means three-digit
249telecommunications dialing to access interactive voice response
250telephone traveler information services provided in the state as
251defined by the Federal Communications Commission in FCC Order
252No. 00-256, July 31, 2000.
253     (1)  "Arterial road" means a route providing service which
254is relatively continuous and of relatively high traffic volume,
255long average trip length, high operating speed, and high
256mobility importance. In addition, every United States numbered
257highway is an arterial road.
258     (2)(2)  "Bridge" means a structure, including supports,
259erected over a depression or an obstruction, such as water or a
260highway or railway, and having a track or passageway for
261carrying traffic as defined in chapter 316 or other moving
263     (3)  "City street system" means all local roads within a
264municipality that were under the jurisdiction of that
265municipality on June 10, 1995; roads constructed by a
266municipality for that municipality's street system; roads
267completely within an area annexed by the municipality, unless
268otherwise provided by mutual consent; and roads transferred to
269the municipality's jurisdiction after June 10, 1995, by mutual
270consent with another governmental entity, but not roads so
271transferred from the municipality's jurisdiction, and all
272collector roads inside that municipality, which are not in the
273county road system.
274     (4)  "Collector road" means a route providing service which
275is of relatively moderate average traffic volume, moderately
276average trip length, and moderately average operating speed.
277Such a route also collects and distributes traffic between local
278roads or arterial roads and serves as a linkage between land
279access and mobility needs.
280     (4)(5)  "Commissioners" means the governing body of a
282     (5)(6)  "Consolidated metropolitan statistical area" means
283two or more metropolitan statistical areas that are socially and
284economically interrelated as defined by the United States Bureau
285of the Census.
286     (6)(7)  "Controlled access facility" means a street or
287highway to which the right of access is highly regulated by the
288governmental entity having jurisdiction over the facility in
289order to maximize the operational efficiency and safety of the
290high-volume through traffic utilizing the facility. Owners or
291occupants of abutting lands and other persons have a right of
292access to or from such facility at such points only and in such
293manner as may be determined by the governmental entity.
294     (7)(8)  "County road system" means all roads within a
295county that were under the jurisdiction of that county on June
29610, 1995; roads constructed by a county for that county's road
297system; and roads transferred to the county's jurisdiction after
298June 10, 1995, by mutual consent with another governmental
299entity, but, except as otherwise provided by mutual consent, not
300roads transferred from the county's jurisdiction by mutual
301consent or roads that are completely within an area annexed by a
302municipality collector roads in the unincorporated areas of a
303county and all extensions of such collector roads into and
304through any incorporated areas, all local roads in the
305unincorporated areas, and all urban minor arterial roads not in
306the State Highway System.
307     (8)(9)  "Department" means the Department of
309     (10)  "Florida Intrastate Highway System" means a system of
310limited access and controlled access facilities on the State
311Highway System which have the capacity to provide high-speed and
312high-volume traffic movements in an efficient and safe manner.
313     (9)(11)  "Functional classification" means the assignment
314of roads into systems according to the character of service they
315provide in relation to the total road network using procedures
316developed by the Federal Highway Administration. Basic
317functional categories include arterial roads, collector roads,
318and local roads which may be subdivided into principal, major,
319or minor levels. Those levels may be additionally divided into
320rural and urban categories.
321     (10)(12)  "Governmental entity" means a unit of government,
322or any officially designated public agency or authority of a
323unit of government, that has the responsibility for planning,
324construction, operation, or maintenance or jurisdiction over
325transportation facilities; the term includes the Federal
326Government, the state government, a county, an incorporated
327municipality, a metropolitan planning organization, an
328expressway or transportation authority, a road and bridge
329district, a special road and bridge district, and a regional
330governmental unit.
331     (11)(38)  "Interactive voice response" means a software
332application that accepts a combination of voice telephone input
333and touch-tone keypad selection and provides appropriate
334responses in the form of voice, fax, callback, e-mail, and other
336     (12)(13)  "Limited access facility" means a street or
337highway especially designed for through traffic, and over, from,
338or to which owners or occupants of abutting land or other
339persons have no right or easement of access, light, air, or view
340by reason of the fact that their property abuts upon such
341limited access facility or for any other reason. Such highways
342or streets may be facilities from which trucks, buses, and other
343commercial vehicles are excluded; or they may be facilities open
344to use by all customary forms of street and highway traffic.
345     (13)(14)  "Local governmental entity" means a unit of
346government with less than statewide jurisdiction, or any
347officially designated public agency or authority of such a unit
348of government, that has the responsibility for planning,
349construction, operation, or maintenance of, or jurisdiction
350over, a transportation facility; the term includes, but is not
351limited to, a county, an incorporated municipality, a
352metropolitan planning organization, an expressway or
353transportation authority, a road and bridge district, a special
354road and bridge district, and a regional governmental unit.
355     (15)  "Local road" means a route providing service which is
356of relatively low average traffic volume, short average trip
357length or minimal through-traffic movements, and high land
358access for abutting property.
359     (14)(16)  "Metropolitan area" means a geographic region
360comprising as a minimum the existing urbanized area and the
361contiguous area projected to become urbanized within a 20-year
362forecast period. The boundaries of a metropolitan area may be
363designated so as to encompass a metropolitan statistical area or
364a consolidated metropolitan statistical area. If a metropolitan
365area, or any part thereof, is located within a nonattainment
366area, the boundaries of the metropolitan area must be designated
367so as to include the boundaries of the entire nonattainment
368area, unless otherwise provided by agreement between the
369applicable metropolitan planning organization and the Governor.
370     (15)(17)  "Metropolitan statistical area" means an area
371that includes a municipality of 50,000 persons or more, or an
372urbanized area of at least 50,000 persons as defined by the
373United States Bureau of the Census, provided that the component
374county or counties have a total population of at least 100,000.
375     (16)(18)  "Nonattainment area" means an area designated by
376the United States Environmental Protection Agency, pursuant to
377federal law, as exceeding national primary or secondary ambient
378air quality standards for the pollutants carbon monoxide or
380     (17)(19)  "Periodic maintenance" means activities that are
381large in scope and require a major work effort to restore
382deteriorated components of the transportation system to a safe
383and serviceable condition, including, but not limited to, the
384repair of large bridge structures, major repairs to bridges and
385bridge systems, and the mineral sealing of lengthy sections of
387     (18)(20)  "Person" means any person described in s. 1.01 or
388any unit of government in or outside the state.
389     (19)(21)  "Right of access" means the right of ingress to a
390highway from abutting land and egress from a highway to abutting
392     (20)(22)  "Right-of-way" means land in which the state, the
393department, a county, or a municipality owns the fee or has an
394easement devoted to or required for use as a transportation
396     (21)(23)  "Road" means a way open to travel by the public,
397including, but not limited to, a street, highway, or alley. The
398term includes associated sidewalks, the roadbed, the right-of-
399way, and all culverts, drains, sluices, ditches, water storage
400areas, waterways, embankments, slopes, retaining walls, bridges,
401tunnels, and viaducts necessary for the maintenance of travel
402and all ferries used in connection therewith.
403     (22)(24)  "Routine maintenance" means minor repairs and
404associated tasks necessary to maintain a safe and efficient
405transportation system. The term includes: pavement patching;
406shoulder repair; cleaning and repair of drainage ditches,
407traffic signs, and structures; mowing; bridge inspection and
408maintenance; pavement striping; litter cleanup; and other
409similar activities.
410     (23)(25)  "State Highway System" means the following, which
411shall be facilities to which access is regulated:
412     (a)  the interstate system and all other roads within the
413state which were under the jurisdiction of the state on June 10,
4141995, and roads constructed by an agency of the state for the
415State Highway System, and roads transferred to the state's
416jurisdiction after that date by mutual consent with another
417governmental entity, but not roads so transferred from the
418state's jurisdiction. Such facilities shall be facilities to
419which access is regulated.;
420     (b)  All rural arterial routes and their extensions into
421and through urban areas;
422     (c)  All urban principal arterial routes; and
423     (d)  The urban minor arterial mileage on the existing State
424Highway System as of July 1, 1987, plus additional mileage to
425comply with the 2-percent requirement as described below.
427However, not less than 2 percent of the public road mileage of
428each urbanized area on record as of June 30, 1986, shall be
429included as minor arterials in the State Highway System.
430Urbanized areas not meeting the foregoing minimum requirement
431shall have transferred to the State Highway System additional
432minor arterials of the highest significance in which case the
433total minor arterials in the State Highway System from any
434urbanized area shall not exceed 2.5 percent of that area's total
435public urban road mileage.
436     (24)(26)  "State Park Road System" means roads embraced
437within the boundaries of state parks and state roads leading to
438state parks, other than roads of the State Highway System, the
439county road systems, or the city street systems.
440     (25)(27)  "State road" means a street, road, highway, or
441other way open to travel by the public generally and dedicated
442to the public use according to law or by prescription and
443designated by the department, as provided by law, as part of the
444State Highway System.
445     (26)(28)  "Structure" means a bridge, viaduct, tunnel,
446causeway, approach, ferry slip, culvert, toll plaza, gate, or
447other similar facility used in connection with a transportation
449     (27)(29)  "Sufficiency rating" means the objective rating
450of a road or section of a road for the purpose of determining
451its capability to serve properly the actual or anticipated
452volume of traffic using the road.
453     (28)(30)  "Transportation corridor" means any land area
454designated by the state, a county, or a municipality which is
455between two geographic points and which area is used or suitable
456for the movement of people and goods by one or more modes of
457transportation, including areas necessary for management of
458access and securing applicable approvals and permits.
459Transportation corridors shall contain, but are not limited to,
460the following:
461     (a)  Existing publicly owned rights-of-way;
462     (b)  All property or property interests necessary for
463future transportation facilities, including rights of access,
464air, view, and light, whether public or private, for the purpose
465of securing and utilizing future transportation rights-of-way,
466including, but not limited to, any lands reasonably necessary
467now or in the future for securing applicable approvals and
468permits, borrow pits, drainage ditches, water retention areas,
469rest areas, replacement access for landowners whose access could
470be impaired due to the construction of a future facility, and
471replacement rights-of-way for relocation of rail and utility
473     (29)(31)  "Transportation facility" means any means for the
474transportation of people or property from place to place which
475is constructed, operated, or maintained in whole or in part from
476public funds. The term includes the property or property rights,
477both real and personal, which have been or may be established by
478public bodies for the transportation of people or property from
479place to place.
480     (30)(32)  "Urban area" means a geographic region comprising
481as a minimum the area inside the United States Bureau of the
482Census boundary of an urban place with a population of 5,000 or
483more persons, expanded to include adjacent developed areas as
484provided for by Federal Highway Administration regulations.
485     (33)  "Urban minor arterial road" means a route that
486generally interconnects with and augments an urban principal
487arterial road and provides service to trips of shorter length
488and a lower level of travel mobility. The term includes all
489arterials not classified as "principal" and contain facilities
490that place more emphasis on land access than the higher system.
491     (31)(34)  "Urban place" means a geographic region composed
492of one or more contiguous census tracts that have been found by
493the United States Bureau of the Census to contain a population
494density of at least 1,000 persons per square mile.
495     (35)  "Urban principal arterial road" means a route that
496generally serves the major centers of activity of an urban area,
497the highest traffic volume corridors, and the longest trip
498purpose and carries a high proportion of the total urban area
499travel on a minimum of mileage. Such roads are integrated, both
500internally and between major rural connections.
501     (32)(36)  "Urbanized area" means a geographic region
502comprising as a minimum the area inside an urban place of 50,000
503or more persons, as designated by the United States Bureau of
504the Census, expanded to include adjacent developed areas as
505provided for by Federal Highway Administration regulations.
506Urban areas with a population of fewer than 50,000 persons which
507are located within the expanded boundary of an urbanized area
508are not separately recognized.
509     Section 6.  Subsections (11) and (13) of section 334.044,
510Florida Statutes, are amended to read:
511     334.044  Department; powers and duties.-The department
512shall have the following general powers and duties:
513     (11)  To establish a numbering system for public roads, and
514to functionally classify such roads, and to assign
515jurisdictional responsibility.
516     (13)  To designate existing and to plan proposed
517transportation facilities as part of the State Highway System,
518and to construct, maintain, and operate such facilities.
519     Section 7.  Section 334.047, Florida Statutes, is amended
520to read:
521     334.047  Prohibition.-Notwithstanding any other provision
522of law to the contrary, the Department of Transportation may not
523establish a cap on the number of miles in the State Highway
524System or a maximum number of miles of urban principal arterial
525roads, as defined in s. 334.03, within a district or county.
526     Section 8.  Subsection (5) of section 336.021, Florida
527Statutes, is amended to read:
528     336.021  County transportation system; levy of ninth-cent
529fuel tax on motor fuel and diesel fuel.-
530     (5)  All impositions of the tax shall be levied before
531October 1 July 1 of each year to be effective January 1 of the
532following year. However, levies of the tax which were in effect
533on July 1, 2002, and which expire on August 31 of any year may
534be reimposed at the current authorized rate to be effective
535September 1 of the year of expiration. All impositions shall be
536required to end on December 31 of a year. A decision to rescind
537the tax shall not take effect on any date other than December 31
538and shall require a minimum of 60 days' notice to the department
539of such decision.
540     Section 9.  Paragraphs (a) and (b) of subsection (1),
541paragraph (a) of subsection (5), and paragraphs (d) and (e) of
542subsection (7) of section 336.025, Florida Statutes, are amended
543to read:
544     336.025  County transportation system; levy of local option
545fuel tax on motor fuel and diesel fuel.-
546     (1)(a)  In addition to other taxes allowed by law, there
547may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
5481-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
549fuel tax upon every gallon of motor fuel and diesel fuel sold in
550a county and taxed under the provisions of part I or part II of
551chapter 206.
552     1.  All impositions and rate changes of the tax shall be
553levied before October 1 July 1 to be effective January 1 of the
554following year for a period not to exceed 30 years, and the
555applicable method of distribution shall be established pursuant
556to subsection (3) or subsection (4). However, levies of the tax
557which were in effect on July 1, 2002, and which expire on August
55831 of any year may be reimposed at the current authorized rate
559effective September 1 of the year of expiration. Upon
560expiration, the tax may be relevied provided that a
561redetermination of the method of distribution is made as
562provided in this section.
563     2.  County and municipal governments shall utilize moneys
564received pursuant to this paragraph only for transportation
566     3.  Any tax levied pursuant to this paragraph may be
567extended on a majority vote of the governing body of the county.
568A redetermination of the method of distribution shall be
569established pursuant to subsection (3) or subsection (4), if,
570after July 1, 1986, the tax is extended or the tax rate changed,
571for the period of extension or for the additional tax.
572     (b)  In addition to other taxes allowed by law, there may
573be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
574cent, 4-cent, or 5-cent local option fuel tax upon every gallon
575of motor fuel sold in a county and taxed under the provisions of
576part I of chapter 206. The tax shall be levied by an ordinance
577adopted by a majority plus one vote of the membership of the
578governing body of the county or by referendum.
579     1.  All impositions and rate changes of the tax shall be
580levied before October 1 July 1, to be effective January 1 of the
581following year. However, levies of the tax which were in effect
582on July 1, 2002, and which expire on August 31 of any year may
583be reimposed at the current authorized rate effective September
5841 of the year of expiration.
585     2.  The county may, prior to levy of the tax, establish by
586interlocal agreement with one or more municipalities located
587therein, representing a majority of the population of the
588incorporated area within the county, a distribution formula for
589dividing the entire proceeds of the tax among county government
590and all eligible municipalities within the county. If no
591interlocal agreement is adopted before the effective date of the
592tax, tax revenues shall be distributed pursuant to the
593provisions of subsection (4). If no interlocal agreement exists,
594a new interlocal agreement may be established prior to June 1 of
595any year pursuant to this subparagraph. However, any interlocal
596agreement agreed to under this subparagraph after the initial
597levy of the tax or change in the tax rate authorized in this
598section shall under no circumstances materially or adversely
599affect the rights of holders of outstanding bonds which are
600backed by taxes authorized by this paragraph, and the amounts
601distributed to the county government and each municipality shall
602not be reduced below the amount necessary for the payment of
603principal and interest and reserves for principal and interest
604as required under the covenants of any bond resolution
605outstanding on the date of establishment of the new interlocal
607     3.  County and municipal governments shall use moneys
608received pursuant to this paragraph for transportation
609expenditures needed to meet the requirements of the capital
610improvements element of an adopted comprehensive plan or for
611expenditures needed to meet immediate local transportation
612problems and for other transportation-related expenditures that
613are critical for building comprehensive roadway networks by
614local governments. For purposes of this paragraph, expenditures
615for the construction of new roads, the reconstruction or
616resurfacing of existing paved roads, or the paving of existing
617graded roads shall be deemed to increase capacity and such
618projects shall be included in the capital improvements element
619of an adopted comprehensive plan. Expenditures for purposes of
620this paragraph shall not include routine maintenance of roads.
621     (5)(a)  By October 1 July 1 of each year, the county shall
622notify the Department of Revenue of the rate of the taxes levied
623pursuant to paragraphs (1)(a) and (b), and of its decision to
624rescind or change the rate of a tax, if applicable, and shall
625provide the department with a certified copy of the interlocal
626agreement established under subparagraph (1)(b)2. or
627subparagraph (3)(a)1. with distribution proportions established
628by such agreement or pursuant to subsection (4), if applicable.
629A decision to rescind a tax shall not take effect on any date
630other than December 31 and shall require a minimum of 60 days'
631notice to the Department of Revenue of such decision.
632     (7)  For the purposes of this section, "transportation
633expenditures" means expenditures by the local government from
634local or state shared revenue sources, excluding expenditures of
635bond proceeds, for the following programs:
636     (d)  Street lighting installation, operation, and
638     (e)  Traffic signs;, traffic engineering;, signalization
639installation, operation, and maintenance; and pavement markings.
640     Section 10.  Subsection (4) of section 337.111, Florida
641Statutes, is amended to read:
642     337.111  Contracting for monuments and memorials to
643military veterans at rest areas.-The Department of
644Transportation is authorized to enter into contract with any
645not-for-profit group or organization that has been operating for
646not less than 2 years for the installation of monuments and
647memorials honoring Florida's military veterans at highway rest
648areas around the state pursuant to the provisions of this
650     (4)  The group or organization making the proposal shall
651provide a 10-year bond, an annual renewable bond, an irrevocable
652letter of credit, or other form of security as approved by the
653department's comptroller, for the purpose of securing the cost
654of removal of the monument and any modifications made to the
655site as part of the placement of the monument should the
656Department of Transportation determine it necessary to remove or
657relocate the monument. Such removal or relocation shall be
658approved by the committee described in subsection (1). Prior to
659expiration, the bond shall be renewed for another 10-year period
660if the memorial is to remain in place.
661     Section 11.  Section 337.403, Florida Statutes, is amended
662to read:
663     337.403  Interference caused by Relocation of utility;
665     (1)  When a Any utility heretofore or hereafter placed
666upon, under, over, or along any public road or publicly owned
667rail corridor that is found by the authority to be unreasonably
668interfering in any way with the convenient, safe, or continuous
669use, or the maintenance, improvement, extension, or expansion,
670of such public road or publicly owned rail corridor, the utility
671owner shall, upon 30 days' written notice to the utility or its
672agent by the authority, initiate the work necessary to alleviate
673the interference be removed or relocated by such utility at its
674own expense except as provided in paragraphs (a)-(f). The work
675shall be completed within such time as stated in the notice or
676such time as agreed to by the authority and the utility owner.
677     (a)  If the relocation of utility facilities, as referred
678to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
679627 of the 84th Congress, is necessitated by the construction of
680a project on the federal-aid interstate system, including
681extensions thereof within urban areas, and the cost of the
682project is eligible and approved for reimbursement by the
683Federal Government to the extent of 90 percent or more under the
684Federal Aid Highway Act, or any amendment thereof, then in that
685event the utility owning or operating such facilities shall
686perform any necessary work relocate the facilities upon notice
687from order of the department, and the state shall pay the entire
688expense properly attributable to such work relocation after
689deducting therefrom any increase in the value of any the new
690facility and any salvage value derived from any the old
692     (b)  When a joint agreement between the department and the
693utility is executed for utility improvement, relocation, or
694removal work to be accomplished as part of a contract for
695construction of a transportation facility, the department may
696participate in those utility work improvement, relocation, or
697removal costs that exceed the department's official estimate of
698the cost of the work by more than 10 percent. The amount of such
699participation shall be limited to the difference between the
700official estimate of all the work in the joint agreement plus 10
701percent and the amount awarded for this work in the construction
702contract for such work. The department may not participate in
703any utility work improvement, relocation, or removal costs that
704occur as a result of changes or additions during the course of
705the contract.
706     (c)  When an agreement between the department and utility
707is executed for utility improvement, relocation, or removal work
708to be accomplished in advance of a contract for construction of
709a transportation facility, the department may participate in the
710cost of clearing and grubbing necessary to perform such work.
711     (d)  If the utility facility involved being removed or
712relocated was initially installed to exclusively serve the
713department, its tenants, or both, the department shall bear the
714costs of the utility work removing or relocating that utility
715facility. However, the department is not responsible for bearing
716the cost of utility work related to removing or relocating any
717subsequent additions to that facility for the purpose of serving
719     (e)  If, under an agreement between a utility and the
720authority entered into after July 1, 2009, the utility conveys,
721subordinates, or relinquishes a compensable property right to
722the authority for the purpose of accommodating the acquisition
723or use of the right-of-way by the authority, without the
724agreement expressly addressing future responsibility for the
725cost of necessary utility work removing or relocating the
726utility, the authority shall bear the cost of removal or
727relocation. This paragraph does not impair or restrict, and may
728not be used to interpret, the terms of any such agreement
729entered into before July 1, 2009.
730     (f)  If the utility is an electric facility being relocated
731underground in order to enhance vehicular, bicycle, and
732pedestrian safety and in which ownership of the electric
733facility to be placed underground has been transferred from a
734private to a public utility within the past 5 years, the
735department shall incur all costs of the necessary utility work
737     (2)  If such utility work removal or relocation is
738incidental to work to be done on such road or publicly owned
739rail corridor, the notice shall be given at the same time the
740contract for the work is advertised for bids, or no less than 30
741days prior to the commencement of such work by the authority,
742whichever is greater.
743     (3)  Whenever the notice from an order of the authority
744requires such utility work removal or change in the location of
745any utility from the right-of-way of a public road or publicly
746owned rail corridor, and the owner thereof fails perform the
747work to remove or change the same at his or her own expense to
748conform to the order within the time stated in the notice or
749such other time as agreed to by the authority and the utility
750owner, the authority shall proceed to cause the utility work to
751be performed to be removed. The expense thereby incurred shall
752be paid out of any money available therefor, and such expense
753shall, except as provided in subsection (1), be charged against
754the owner and levied and collected and paid into the fund from
755which the expense of such relocation was paid.
756     Section 12.  Subsection (1) of section 337.404, Florida
757Statutes, is amended to read:
758     337.404  Removal or relocation of utility facilities;
759notice and order; court review.-
760     (1)  Whenever it shall become necessary for the authority
761to perform utility work remove or relocate any utility as
762provided in s. 337.403 the preceding section, the owner of the
763utility, or the owner's chief agent, shall be given notice that
764the authority will perform of such work removal or relocation
765and, after the work is complete, shall be given an order
766requiring the payment of the cost thereof, and a shall be given
767reasonable time, which shall not be less than 20 nor more than
76830 days, in which to appear before the authority to contest the
769reasonableness of the order. Should the owner or the owner's
770representative not appear, the determination of the cost to the
771owner shall be final. Authorities considered agencies for the
772purposes of chapter 120 shall adjudicate removal or relocation
773of utilities pursuant to chapter 120.
774     Section 13.  Subsections (1) and (4) of section 337.408,
775Florida Statutes, are amended to read:
776     337.408  Regulation of bus stops, benches, transit
777shelters, street light poles, waste disposal receptacles, and
778modular news racks within rights-of-way.-
779     (1)  Benches or transit shelters, including advertising
780displayed on benches or transit shelters, may be installed
781within the right-of-way limits of any municipal, county, or
782state road, except a limited access highway, provided that such
783benches or transit shelters are for the comfort or convenience
784of the general public or are at designated stops on official bus
785routes and provided that written authorization has been given to
786a qualified private supplier of such service by the municipal
787government within whose incorporated limits such benches or
788transit shelters are installed or by the county government
789within whose unincorporated limits such benches or transit
790shelters are installed. A municipality or county may authorize
791the installation, without public bid, of benches and transit
792shelters together with advertising displayed thereon within the
793right-of-way limits of such roads. All installations shall be in
794compliance with all applicable laws and rules, including,
795without limitation, the Americans with Disabilities Act.
796Municipalities or counties shall indemnify, defend, and hold
797harmless the department from any suits, actions, proceedings,
798claims, losses, costs, charges, expenses, damages, liabilities,
799attorney fees, and court costs relating to the installation,
800removal, or relocation of such installations. Any contract for
801the installation of benches or transit shelters or advertising
802on benches or transit shelters which was entered into before
803April 8, 1992, without public bidding is ratified and affirmed.
804Such benches or transit shelters may not interfere with right-
805of-way preservation and maintenance. Any bench or transit
806shelter located on a sidewalk within the right-of-way limits of
807any road on the State Highway System or the county road system
808shall be located so as to leave at least 36 inches of clearance
809for pedestrians and persons in wheelchairs. Such clearance shall
810be measured in a direction perpendicular to the centerline of
811the road.
812     (4)  The department has the authority to direct the
813immediate relocation or removal of any bus stop, bench, transit
814shelter, waste disposal receptacle, public pay telephone, or
815modular news rack that endangers life or property, or that is
816otherwise not in compliance with applicable laws and rules,
817except that transit bus benches that were placed in service
818before April 1, 1992, are not required to comply with bench size
819and advertising display size requirements established by the
820department before March 1, 1992. If a municipality or county
821fails to comply with the department's direction, the department
822shall remove the noncompliant installation, charge the cost of
823the removal to the municipality or county, and may deduct or
824offset such cost from any other funding available to the
825municipality or county from the department. Any transit bus
826bench that was in service before April 1, 1992, may be replaced
827with a bus bench of the same size or smaller, if the bench is
828damaged or destroyed or otherwise becomes unusable. The
829department may adopt rules relating to the regulation of bench
830size and advertising display size requirements. If a
831municipality or county within which a bench is to be located has
832adopted an ordinance or other applicable regulation that
833establishes bench size or advertising display sign requirements
834different from requirements specified in department rule, the
835local government requirement applies within the respective
836municipality or county. Placement of any bench or advertising
837display on the National Highway System under a local ordinance
838or regulation adopted under this subsection is subject to
839approval of the Federal Highway Administration.
840     Section 14.  Chapter 338, Florida Statutes, is retitled
842     Section 15.  Section 338.001, Florida Statutes, is
844     Section 16.  Subsections (1) through (6) of section 338.01,
845Florida Statutes, are renumbered as subsections (2) through (7),
846respectively, and a new subsection (1) is added to that section
847to read:
848     338.01  Authority to establish and regulate limited access
850     (1)  The department is authorized to establish limited
851access facilities as provided in s. 335.02. The primary function
852of such limited access facilities is to allow high-speed and
853high-volume traffic movements within the state. Access to
854abutting land is subordinate to this function, and such access
855must be prohibited or highly regulated.
856     Section 17.  Section 339.155, Florida Statutes, is amended
857to read:
858     339.155  Transportation planning.-
859     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
860develop and annually update a statewide transportation plan, to
861be known as the Florida Transportation Plan. The plan shall be
862designed so as to be easily read and understood by the general
863public. The purpose of the Florida Transportation Plan is to
864establish and define the state's long-range transportation goals
865and objectives to be accomplished over a period of at least 20
866years within the context of the State Comprehensive Plan, and
867any other statutory mandates and authorizations and based upon
868the prevailing principles of: preserving the existing
869transportation infrastructure; enhancing Florida's economic
870competitiveness; and improving travel choices to ensure
871mobility. The Florida Transportation Plan shall consider the
872needs of the entire state transportation system and examine the
873use of all modes of transportation to effectively and
874efficiently meet such needs.
875     (2)  SCOPE OF PLANNING PROCESS.-The department shall carry
876out a transportation planning process in conformance with s.
877334.046(1) and 23 U.S.C. s. 135. which provides for
878consideration of projects and strategies that will:
879     (a)  Support the economic vitality of the United States,
880Florida, and the metropolitan areas, especially by enabling
881global competitiveness, productivity, and efficiency;
882     (b)  Increase the safety and security of the transportation
883system for motorized and nonmotorized users;
884     (c)  Increase the accessibility and mobility options
885available to people and for freight;
886     (d)  Protect and enhance the environment, promote energy
887conservation, and improve quality of life;
888     (e)  Enhance the integration and connectivity of the
889transportation system, across and between modes throughout
890Florida, for people and freight;
891     (f)  Promote efficient system management and operation; and
892     (g)  Emphasize the preservation of the existing
893transportation system.
894     (3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
895Transportation Plan shall be a unified, concise planning
896document that clearly defines the state's long-range
897transportation goals and objectives and documents the
898department's short-range objectives developed to further such
899goals and objectives. The plan shall:
900     (a)  Include a glossary that clearly and succinctly defines
901any and all phrases, words, or terms of art included in the
902plan, with which the general public may be unfamiliar. and shall
903consist of, at a minimum, the following components:
904     (b)(a)  Document A long-range component documenting the
905goals and long-term objectives necessary to implement the
906results of the department consistent with department's findings
907from its examination of the criteria listed in subsection (2)
908and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
910     (c)  Be developed in cooperation with the metropolitan
911planning organizations and reconciled, to the maximum extent
912feasible, with the long-range plans developed by metropolitan
913planning organizations pursuant to s. 339.175. The plan must
915     (d)  Be developed in consultation with affected local
916officials in nonmetropolitan areas and with any affected Indian
917tribal governments. The plan must
918     (e)  Provide an examination of transportation issues likely
919to arise during at least a 20-year period. The long-range
920component shall
921     (f)  Be updated at least once every 5 years, or more often
922as necessary, to reflect substantive changes to federal or state
924     (b)  A short-range component documenting the short-term
925objectives and strategies necessary to implement the goals and
926long-term objectives contained in the long-range component. The
927short-range component must define the relationship between the
928long-range goals and the short-range objectives, specify those
929objectives against which the department's achievement of such
930goals will be measured, and identify transportation strategies
931necessary to efficiently achieve the goals and objectives in the
932plan. It must provide a policy framework within which the
933department's legislative budget request, the strategic
934information resource management plan, and the work program are
935developed. The short-range component shall serve as the
936department's annual agency strategic plan pursuant to s.
937186.021. The short-range component shall be developed consistent
938with available and forecasted state and federal funds. The
939short-range component shall also be submitted to the Florida
940Transportation Commission.
941     (4)  ANNUAL PERFORMANCE REPORT.-The department shall
942develop an annual performance report evaluating the operation of
943the department for the preceding fiscal year. The report shall
944also include a summary of the financial operations of the
945department and shall annually evaluate how well the adopted work
946program meets the short-term objectives contained in the short-
947range component of the Florida Transportation Plan. This
948performance report shall be submitted to the Florida
949Transportation Commission and the legislative appropriations and
950transportation committees.
952     (a)  Upon request by local governmental entities, the
953department may in its discretion develop and design
954transportation corridors, arterial and collector streets,
955vehicular parking areas, and other support facilities which are
956consistent with the plans of the department for major
957transportation facilities. The department may render to local
958governmental entities or their planning agencies such technical
959assistance and services as are necessary so that local plans and
960facilities are coordinated with the plans and facilities of the
962     (b)  Each regional planning council, as provided for in s.
963186.504, or any successor agency thereto, shall develop, as an
964element of its strategic regional policy plan, transportation
965goals and policies. The transportation goals and policies must
966be prioritized to comply with the prevailing principles provided
967in subsection (2) and s. 334.046(1). The transportation goals
968and policies shall be consistent, to the maximum extent
969feasible, with the goals and policies of the metropolitan
970planning organization and the Florida Transportation Plan. The
971transportation goals and policies of the regional planning
972council will be advisory only and shall be submitted to the
973department and any affected metropolitan planning organization
974for their consideration and comments. Metropolitan planning
975organization plans and other local transportation plans shall be
976developed consistent, to the maximum extent feasible, with the
977regional transportation goals and policies. The regional
978planning council shall review urbanized area transportation
979plans and any other planning products stipulated in s. 339.175
980and provide the department and respective metropolitan planning
981organizations with written recommendations which the department
982and the metropolitan planning organizations shall take under
983advisement. Further, the regional planning councils shall
984directly assist local governments which are not part of a
985metropolitan area transportation planning process in the
986development of the transportation element of their comprehensive
987plans as required by s. 163.3177.
988     (c)  Regional transportation plans may be developed in
989regional transportation areas in accordance with an interlocal
990agreement entered into pursuant to s. 163.01 by two or more
991contiguous metropolitan planning organizations; one or more
992metropolitan planning organizations and one or more contiguous
993counties, none of which is a member of a metropolitan planning
994organization; a multicounty regional transportation authority
995created by or pursuant to law; two or more contiguous counties
996that are not members of a metropolitan planning organization; or
997metropolitan planning organizations comprised of three or more
999     (d)  The interlocal agreement must, at a minimum, identify
1000the entity that will coordinate the development of the regional
1001transportation plan; delineate the boundaries of the regional
1002transportation area; provide the duration of the agreement and
1003specify how the agreement may be terminated, modified, or
1004rescinded; describe the process by which the regional
1005transportation plan will be developed; and provide how members
1006of the entity will resolve disagreements regarding
1007interpretation of the interlocal agreement or disputes relating
1008to the development or content of the regional transportation
1009plan. Such interlocal agreement shall become effective upon its
1010recordation in the official public records of each county in the
1011regional transportation area.
1012     (e)  The regional transportation plan developed pursuant to
1013this section must, at a minimum, identify regionally significant
1014transportation facilities located within a regional
1015transportation area and contain a prioritized list of regionally
1016significant projects. The level-of-service standards for
1017facilities to be funded under this subsection shall be adopted
1018by the appropriate local government in accordance with s.
1019163.3180(10). The projects shall be adopted into the capital
1020improvements schedule of the local government comprehensive plan
1021pursuant to s. 163.3177(3).
1024     (a)  During the development of the long-range component of
1025the Florida Transportation Plan and prior to substantive
1026revisions, the department shall provide citizens, affected
1027public agencies, representatives of transportation agency
1028employees, other affected employee representatives, private
1029providers of transportation, and other known interested parties
1030with an opportunity to comment on the proposed plan or
1031revisions. These opportunities shall include, at a minimum,
1032publishing a notice in the Florida Administrative Weekly and
1033within a newspaper of general circulation within the area of
1034each department district office.
1035     (b)  During development of major transportation
1036improvements, such as those increasing the capacity of a
1037facility through the addition of new lanes or providing new
1038access to a limited or controlled access facility or
1039construction of a facility in a new location, the department
1040shall hold one or more hearings prior to the selection of the
1041facility to be provided; prior to the selection of the site or
1042corridor of the proposed facility; and prior to the selection of
1043and commitment to a specific design proposal for the proposed
1044facility. Such public hearings shall be conducted so as to
1045provide an opportunity for effective participation by interested
1046persons in the process of transportation planning and site and
1047route selection and in the specific location and design of
1048transportation facilities. The various factors involved in the
1049decision or decisions and any alternative proposals shall be
1050clearly presented so that the persons attending the hearing may
1051present their views relating to the decision or decisions which
1052will be made.
1053     (c)  Opportunity for design hearings:
1054     1.  The department, prior to holding a design hearing,
1055shall duly notify all affected property owners of record, as
1056recorded in the property appraiser's office, by mail at least 20
1057days prior to the date set for the hearing. The affected
1058property owners shall be:
1059     a.  Those whose property lies in whole or in part within
1060300 feet on either side of the centerline of the proposed
1062     b.  Those whom the department determines will be
1063substantially affected environmentally, economically, socially,
1064or safetywise.
1065     2.  For each subsequent hearing, the department shall
1066publish notice prior to the hearing date in a newspaper of
1067general circulation for the area affected. These notices must be
1068published twice, with the first notice appearing at least 15
1069days, but no later than 30 days, before the hearing.
1070     3.  A copy of the notice of opportunity for the hearing
1071must be furnished to the United States Department of
1072Transportation and to the appropriate departments of the state
1073government at the time of publication.
1074     4.  The opportunity for another hearing shall be afforded
1075in any case when proposed locations or designs are so changed
1076from those presented in the notices specified above or at a
1077hearing as to have a substantially different social, economic,
1078or environmental effect.
1079     5.  The opportunity for a hearing shall be afforded in each
1080case in which the department is in doubt as to whether a hearing
1081is required.
1082     Section 18.  Section 339.62, Florida Statutes, is amended
1083to read:
1084     339.62  System components.-The Strategic Intermodal System
1085shall consist of appropriate components of:
1086     (1)  Highway corridors The Florida Intrastate Highway
1087System established under s. 339.65 s. 338.001.
1088     (2)  The National Highway System.
1089     (3)  Airport, seaport, and spaceport facilities.
1090     (4)  Rail lines and rail facilities.
1091     (5)  Selected intermodal facilities; passenger and freight
1092terminals; and appropriate components of the State Highway
1093System, county road system, city street system, inland
1094waterways, and local public transit systems that serve as
1095existing or planned connectors between the components listed in
1096subsections (1)-(4).
1097     (6)  Other existing or planned corridors that serve a
1098statewide or interregional purpose.
1099     Section 19.  Subsection (2) of section 339.63, Florida
1100Statutes, is amended to read:
1101     339.63  System facilities designated; additions and
1103     (2)  The Strategic Intermodal System and the Emerging
1104Strategic Intermodal System include four three different types
1105of facilities that each form one component of an interconnected
1106transportation system which types include:
1107     (a)  Existing or planned hubs that are ports and terminals
1108including airports, seaports, spaceports, passenger terminals,
1109and rail terminals serving to move goods or people between
1110Florida regions or between Florida and other markets in the
1111United States and the rest of the world;
1112     (b)  Existing or planned corridors that are highways, rail
1113lines, waterways, and other exclusive-use facilities connecting
1114major markets within Florida or between Florida and other states
1115or nations; and
1116     (c)  Existing or planned intermodal connectors that are
1117highways, rail lines, waterways or local public transit systems
1118serving as connectors between the components listed in
1119paragraphs (a) and (b).
1120     (d)  Existing or planned military access facilities that
1121are highways or rail lines linking Strategic Intermodal System
1122corridors to the state's strategic military installations.
1123     Section 20.  Section 339.64, Florida Statutes, is amended
1124to read:
1125     339.64  Strategic Intermodal System Plan.-
1126     (1)  The department shall develop, in cooperation with
1127metropolitan planning organizations, regional planning councils,
1128local governments, the Statewide Intermodal Transportation
1129Advisory Council and other transportation providers, a Strategic
1130Intermodal System Plan. The plan shall be consistent with the
1131Florida Transportation Plan developed pursuant to s. 339.155 and
1132shall be updated at least once every 5 years, subsequent to
1133updates of the Florida Transportation Plan.
1134     (2)  In association with the continued development of the
1135Strategic Intermodal System Plan, the Florida Transportation
1136Commission, as part of its work program review process, shall
1137conduct an annual assessment of the progress that the department
1138and its transportation partners have made in realizing the goals
1139of economic development, improved mobility, and increased
1140intermodal connectivity of the Strategic Intermodal System. The
1141Florida Transportation Commission shall coordinate with the
1142department, the Statewide Intermodal Transportation Advisory
1143Council, and other appropriate entities when developing this
1144assessment. The Florida Transportation Commission shall deliver
1145a report to the Governor and Legislature no later than 14 days
1146after the regular session begins, with recommendations as
1147necessary to fully implement the Strategic Intermodal System.
1148     (3)(a)  During the development of updates to the Strategic
1149Intermodal System Plan, the department shall provide
1150metropolitan planning organizations, regional planning councils,
1151local governments, transportation providers, affected public
1152agencies, and citizens with an opportunity to participate in and
1153comment on the development of the update.
1154     (b)  The department also shall coordinate with federal,
1155regional, and local partners the planning for the Strategic
1156Highway Network and the Strategic Rail Corridor Network
1157transportation facilities that either are included in the
1158Strategic Intermodal System or that provide a direct connection
1159between military installations and the Strategic Intermodal
1160System. In addition, the department shall coordinate with
1161regional and local partners to determine whether the road and
1162other transportation infrastructure that connect military
1163installations to the Strategic Intermodal System, the Strategic
1164Highway Network, or the Strategic Rail Corridor is regionally
1165significant and should be included in the Strategic Intermodal
1166System Plan.
1167     (4)  The Strategic Intermodal System Plan shall include the
1169     (a)  A needs assessment.
1170     (b)  A project prioritization process.
1171     (c)  A map of facilities designated as Strategic Intermodal
1172System facilities; facilities that are emerging in importance
1173and that are likely to become part of the system in the future;
1174and planned facilities that will meet the established criteria.
1175     (d)  A finance plan based on reasonable projections of
1176anticipated revenues, including both 10-year and at least 20-
1177year cost-feasible components.
1178     (e)  An assessment of the impacts of proposed improvements
1179to Strategic Intermodal System corridors on military
1180installations that are either located directly on the Strategic
1181Intermodal System or located on the Strategic Highway Network or
1182Strategic Rail Corridor Network.
1184     (a)  The Statewide Intermodal Transportation Advisory
1185Council is created to advise and make recommendations to the
1186Legislature and the department on policies, planning, and
1187funding of intermodal transportation projects. The council's
1188responsibilities shall include:
1189     1.  Advising the department on the policies, planning, and
1190implementation of strategies related to intermodal
1192     2.  Providing advice and recommendations to the Legislature
1193on funding for projects to move goods and people in the most
1194efficient and effective manner for the State of Florida.
1195     (b)  MEMBERSHIP.-Members of the Statewide Intermodal
1196Transportation Advisory Council shall consist of the following:
1197     1.  Six intermodal industry representatives selected by the
1198Governor as follows:
1199     a.  One representative from an airport involved in the
1200movement of freight and people from their airport facility to
1201another transportation mode.
1202     b.  One individual representing a fixed-route, local-
1203government transit system.
1204     c.  One representative from an intercity bus company
1205providing regularly scheduled bus travel as determined by
1206federal regulations.
1207     d.  One representative from a spaceport.
1208     e.  One representative from intermodal trucking companies.
1209     f.  One representative having command responsibilities of a
1210major military installation.
1211     2.  Three intermodal industry representatives selected by
1212the President of the Senate as follows:
1213     a.  One representative from major-line railroads.
1214     b.  One representative from seaports listed in s. 311.09(1)
1215from the Atlantic Coast.
1216     c.  One representative from an airport involved in the
1217movement of freight and people from their airport facility to
1218another transportation mode.
1219     3.  Three intermodal industry representatives selected by
1220the Speaker of the House of Representatives as follows:
1221     a.  One representative from short-line railroads.
1222     b.  One representative from seaports listed in s. 311.09(1)
1223from the Gulf Coast.
1224     c.  One representative from intermodal trucking companies.
1225In no event may this representative be employed by the same
1226company that employs the intermodal trucking company
1227representative selected by the Governor.
1228     (c)  Initial appointments to the council must be made no
1229later than 30 days after the effective date of this section.
1230     1.  The initial appointments made by the President of the
1231Senate and the Speaker of the House of Representatives shall
1232serve terms concurrent with those of the respective appointing
1233officer. Beginning January 15, 2005, and for all subsequent
1234appointments, council members appointed by the President of the
1235Senate and the Speaker of the House of Representatives shall
1236serve 2-year terms, concurrent with the term of the respective
1237appointing officer.
1238     2.  The initial appointees, and all subsequent appointees,
1239made by the Governor shall serve 2-year terms.
1240     3.  Vacancies on the council shall be filled in the same
1241manner as the initial appointments.
1242     (d)  Each member of the council shall be allowed one vote.
1243The council shall select a chair from among its membership.
1244Meetings shall be held at the call of the chair, but not less
1245frequently than quarterly. The members of the council shall be
1246reimbursed for per diem and travel expenses as provided in s.
1248     (e)  The department shall provide administrative staff
1249support and shall ensure that council meetings are
1250electronically recorded. Such recordings and all documents
1251received, prepared for, or used by the council in conducting its
1252business shall be preserved pursuant to chapters 119 and 257.
1253     Section 21.  Section 339.65, Florida Statutes, is created
1254to read:
1255     339.65  Strategic Intermodal System highway corridors.-
1256     (1)  The department shall plan and develop Strategic
1257Intermodal System highway corridors, including limited and
1258controlled access facilities, allowing for high-speed and high-
1259volume traffic movements within the state. The primary function
1260of these corridors is to provide such traffic movements. Access
1261to abutting land is subordinate to this function, and such
1262access must be prohibited or highly regulated.
1263     (2)  Strategic Intermodal System highway corridors shall
1264include facilities from the following components of the State
1265Highway System that meet the criteria adopted by the department
1266pursuant to s. 339.63:
1267     (a)  Interstate highways.
1268     (b)  The Florida Turnpike System.
1269     (c)  Interregional and intercity limited access facilities.
1270     (d)  Existing interregional and intercity arterial highways
1271previously upgraded or upgraded in the future to limited access
1272or controlled access facility standards.
1273     (e)  New limited access facilities necessary to complete a
1274balanced statewide system.
1275     (3)  The department shall adhere to the following policy
1276guidelines in the development of Strategic Intermodal System
1277highway corridors:
1278     (a)  Make capacity improvements to existing facilities
1279where feasible to minimize costs and environmental impacts.
1280     (b)  Identify appropriate arterial highways in major
1281transportation corridors for inclusion in a program to bring
1282these facilities up to limited access or controlled access
1283facility standards.
1284     (c)  Coordinate proposed projects with appropriate limited
1285access projects undertaken by expressway authorities and local
1286governmental entities.
1287     (d)  Maximize the use of limited access facility standards
1288when constructing new arterial highways.
1289     (e)  Identify appropriate new limited access highways for
1290inclusion as a part of the Florida Turnpike System.
1291     (f)  To the maximum extent feasible, ensure that proposed
1292projects are consistent with approved local government
1293comprehensive plans of the local jurisdictions in which such
1294facilities are to be located and with the transportation
1295improvement program of any metropolitan planning organization in
1296which such facilities are to be located.
1297     (4)  The department shall develop and maintain a plan of
1298Strategic Intermodal System highway corridor projects that are
1299anticipated to be let to contract for construction within a time
1300period of at least 20 years. The plan shall also identify when
1301segments of the corridor will meet the standards and criteria
1302developed pursuant to subsection (5).
1303     (5)  The department shall establish the standards and
1304criteria for the functional characteristics and design of
1305facilities proposed as part of Strategic Intermodal System
1306highway corridors.
1307     (6)  For the purposes of developing the proposed Strategic
1308Intermodal System highway corridors, beginning in fiscal year
13092003-2004 and for each fiscal year thereafter, the minimum
1310amount allocated shall be based on the fiscal year 2003-2004
1311allocation of $450 million adjusted annually by the change in
1312the Consumer Price Index for the prior fiscal year compared to
1313the Consumer Price Index for fiscal year 2003-2004.
1314     (7)  Any project to be constructed as part of a Strategic
1315Intermodal System highway corridor shall be included in the
1316department's adopted work program. Any Strategic Intermodal
1317System highway corridor projects that are added to or deleted
1318from the previous adopted work program, or any modification to
1319Strategic Intermodal System highway corridor projects contained
1320in the previous adopted work program, shall be specifically
1321identified and submitted as a separate part of the tentative
1322work program.
1323     Section 22.  Section 479.075, Florida Statutes, is created
1324to read:
1325     479.075  Sign permit fee limitations.-
1326     (1)  As used in this section, the term:
1327     (a)  "Sign" means any sign, wall mural, or media tower as
1328defined in s. 479.01 or as defined by a local government
1329agreement, resolution, or ordinance.
1330     (b)  "Sign permit fee" means any payment required as a
1331condition for building, erecting, inspecting, renewing,
1332maintaining, operating, relocating, or reconstructing a sign or
1333required pursuant to any agreement, ordinance, or resolution
1334that includes any provision relating to the issuance of a sign
1335permit or otherwise authorizing the building, erection,
1336inspection, renewal, maintenance, operation, relocation, or
1337reconstruction of a sign.
1338     (2)  A local government may establish by agreement,
1339resolution, or ordinance a sign permit fee schedule and may
1340assess fees for sign permits. The fee schedule must be based on
1341the actual costs of administering its sign permitting program,
1342but may not exceed $500 per sign per year.
1343     (3)  This section does not affect the validity of any other
1344aspect of any agreement, resolution, or ordinance regarding
1345signs or require the removal of any sign or repayment of any
1346fees already paid. A local government that requires the removal
1347of a sign as the result of the adoption of this section must
1348adhere to the provision of s. 70.20(2).
1349     Section 23.  Section 479.106, Florida Statutes, is amended
1350to read:
1351     479.106  Vegetation management.-
1352     (1)  The removal, cutting, or trimming of trees or
1353vegetation on public right-of-way to make visible or to ensure
1354future visibility of the facing of a proposed sign or previously
1355permitted sign shall be performed only with the written
1356permission of the department in accordance with the provisions
1357of this section.
1358     (2)  Any person desiring to engage in the removal, cutting,
1359or trimming of trees or vegetation for the purposes herein
1360described shall apply for an appropriate permit by make written
1361application to the department. The application for a permit
1362shall include, at the election of the applicant, one of the
1364     (a)  A vegetation management plan consisting of a property
1365sketch indicating the onsite location of the vegetation or
1366individual trees to be removed, cut, or trimmed and describing
1367the existing conditions and proposed work to be accomplished.
1368     (b)  Mitigation contribution to the Federal Grants Trust
1369Fund pursuant to s. 589.277(2) using values of a wholesale plant
1370nursery registered with the Division of Plant Industry of the
1371Department of Agriculture and Consumer Services.
1372     (c)  A combination of both a vegetation management plan and
1373mitigation contribution the applicant's plan for the removal,
1374cutting, or trimming and for the management of any vegetation
1375planted as part of a mitigation plan.
1376     (3)  In evaluating a vegetation management plan or
1377mitigation contribution, the department As a condition of any
1378removal of trees or vegetation, and where the department deems
1379appropriate as a condition of any cutting or trimming, the
1380department may require a vegetation management plan, approved by
1381the department, which considers conservation and mitigation, or
1382contribution to a plan of mitigation, for the replacement of
1383such vegetation. Each plan or contribution shall reasonably
1384evaluate the application as it relates relate to the vegetation
1385being affected by the application, taking into consideration the
1386condition of such vegetation, and, where appropriate, require a
1387vegetation management plan to consider conservation and
1388mitigation, or a contribution to a plan of mitigation, for the
1389cutting or removal of such vegetation. The department may
1390approve shall include plantings that which will allow reasonable
1391visibility of sign facings while screening sign structural
1392supports. Only herbicides approved by the Department of
1393Agriculture and Consumer Services may be used in the removal of
1394vegetation. The department shall act on the application for
1395approval of vegetation management plans, or approval of
1396mitigation contribution, within 30 days after receipt of such
1397application. A permit issued in response to such application is
1398valid for 5 years, may be renewed for an additional 5 years by
1399payment of the applicable application fee, and is binding upon
1400the department. The department may establish special mitigation
1401programs for the beautification and aesthetic improvement of
1402designated areas and permit individual applicants to contribute
1403to such programs as a part or in lieu of other mitigation
1405     (4)  The department may establish an application fee not to
1406exceed $25 for each individual application to defer the costs of
1407processing such application and a fee not to exceed $200 to
1408defer the costs of processing an application for multiple sites.
1409     (5)  The department may only grant a permit pursuant to s.
1410479.07 for a new sign which requires the removal, cutting, or
1411trimming of existing trees or vegetation on public right-of-way
1412for the sign face to be visible from the highway when the sign
1413owner has removed one at least two nonconforming sign signs of
1414approximate comparable size and surrendered the permits for the
1415nonconforming signs to the department for cancellation. For
1416signs originally permitted after July 1, 1996, no permit for the
1417removal, cutting, or trimming of trees or vegetation shall be
1418granted where such trees or vegetation are part of a
1419beautification project implemented prior to the date of the
1420original sign permit application, when the beautification
1421project is specifically identified in the department's
1422construction plans, permitted landscape projects, or agreements.
1423     (6)  As a minimum, view zones shall be established along
1424the public rights-of-way of interstate highways, expressways,
1425federal-aid primary highways, and the State Highway System in
1426the state, excluding privately or other publicly owned property,
1427as follows:
1428     (a)  A view zone of 350 feet for posted speed limits of 35
1429miles per hour or less.
1430     (b)  A view zone of 500 feet for posted speed limits of
1431more than 35 miles per hour.
1433The established view zone shall be within the first 1,000 feet
1434measured along the edge of the pavement in the direction of
1435approaching traffic from a point on the edge of the pavement
1436perpendicular to the edge of the sign facing nearest the highway
1437and shall be continuous unless interrupted by vegetation that
1438has established historical significance, is protected by state
1439law, or has a circumference, measured at 4 and 1/2 feet above
1440grade, equal to or greater than 70 percent of the circumference
1441of the Florida Champion of the same species as listed in the
1442Florida Register of Big Trees of the Florida Native Plant
1443Society. The sign owner may designate the specific location of
1444the view zone for each sign facing. In the absence of such
1445designation, the established view zone shall be measured from
1446the sign along the edge of the pavement in the direction of
1447approaching traffic as provided in this subsection.
1448     (7)(6)  Beautification projects, trees, or other vegetation
1449shall not be planted or located in the view zone of legally
1450erected and permitted outdoor advertising signs which have been
1451permitted prior to the date of the beautification project or
1452other planting, where such planting will, at the time of
1453planting or after future growth, screen such sign from view. The
1454department shall provide written notice to the owner not less
1455than 90 days before commencing a beautification project or other
1456vegetation planting that may affect a sign, allowing such owner
1457not less than 60 days to designate the specific location of the
1458view zone of such affected sign. A sign owner is not required to
1459prepare a vegetation management plan or secure a vegetation
1460management permit for the implementation of beautification
1462     (a)  View zones are established along the public rights-of-
1463way of interstate highways, expressways, federal-aid primary
1464highways, and the State Highway System in the state, excluding
1465privately or other publicly owned property, as follows:
1466     1.  A view zone of 350 feet for posted speed limits of 35
1467miles per hour or less.
1468     2.  A view zone of 500 feet for posted speed limits of over
146935 miles per hour.
1470     (b)  The established view zone shall be within the first
14711,000 feet measured along the edge of the pavement in the
1472direction of approaching traffic from a point on the edge of the
1473pavement perpendicular to the edge of the sign facing nearest
1474the highway and shall be continuous unless interrupted by
1475existing, naturally occurring vegetation. The department and the
1476sign owner may enter into an agreement identifying the specific
1477location of the view zone for each sign facing. In the absence
1478of such agreement, the established view zone shall be measured
1479from the sign along the edge of the pavement in the direction of
1480approaching traffic as provided in this subsection.
1481     (a)(c)  If a sign owner alleges any governmental entity or
1482other party has violated this subsection, the sign owner must
1483provide 90 days' written notice to the governmental entity or
1484other party allegedly violating this subsection. If the alleged
1485violation is not cured by the governmental entity or other party
1486within the 90-day period, the sign owner may file a claim in the
1487circuit court where the sign is located. A copy of such
1488complaint shall be served contemporaneously upon the
1489governmental entity or other party. If the circuit court
1490determines a violation of this subsection has occurred, the
1491court shall award a claim for compensation equal to the lesser
1492of the revenue from the sign lost during the time of screening
1493or the fair market value of the sign, and the governmental
1494entity or other party shall pay the award of compensation
1495subject to available appeal. Any modification or removal of
1496material within a beautification project or other planting by
1497the governmental entity or other party to cure an alleged
1498violation shall not require the issuance of a permit from the
1499Department of Transportation provided not less than 48 hours'
1500notice is provided to the department of the modification or
1501removal of the material. A natural person, private corporation,
1502or private partnership licensed under part II of chapter 481
1503providing design services for beautification or other projects
1504shall not be subject to a claim of compensation under this
1505section when the initial project design meets the requirements
1506of this section.
1507     (b)(d)  This subsection shall not apply to the provisions
1508of any existing written agreement executed before July 1, 2006,
1509between any local government and the owner of an outdoor
1510advertising sign.
1511     (8)(7)  Any person engaging in removal, cutting, or
1512trimming of trees or vegetation in violation of this section or
1513benefiting from such actions shall be subject to an
1514administrative penalty of up to $1,000 and required to mitigate
1515for the unauthorized removal, cutting, or trimming in such
1516manner and in such amount as may be required under the rules of
1517the department.
1518     (9)(8)  The intent of this section is to create partnering
1519relationships which will have the effect of improving the
1520appearance of Florida's highways and creating a net increase in
1521the vegetative habitat along the roads. Department rules shall
1522encourage the use of plants which are low maintenance and native
1523to the general region in which they are planted.
1524     Section 24.  Subsections (16) and (17) are added to section
1525479.16, Florida Statutes, to read:
1526     479.16  Signs for which permits are not required.-The
1527following signs are exempt from the requirement that a permit
1528for a sign be obtained under the provisions of this chapter but
1529are required to comply with the provisions of s. 479.11(4)-(8):
1530     (16)  Signs erected under the local tourist-oriented
1531commerce program signs pilot program under s. 479.263.
1532     (17)  Signs not in excess of 32 square feet placed
1533temporarily during harvest season of a farm operation for a
1534period of no more than 4 months at a road junction with the
1535State Highway System denoting only the distance or direction of
1536the farm operation. The temporary farm operation harvest sign
1537provision under this subsection may not be implemented if the
1538Federal Government notifies the department that implementation
1539will adversely affect the allocation of federal funds to the
1541     Section 25.  Section 479.263, Florida Statutes, is created
1542to read:
1543     479.263  Tourist-oriented commerce signs pilot program.-The
1544local tourist-oriented commerce signs pilot program is created
1545in rural areas of critical economic concern as defined by s.
1546288.0656(2)(d) and (e). Signs erected under this program do not
1547require a permit under this chapter.
1548     (1)  A local tourist-oriented business that is a small
1549business as defined in s. 288.703 may erect a sign that meets
1550the following criteria:
1551     (a)  The signs are not more than 8 square feet in size or
1552more than 4 feet in height.
1553     (b)  The signs are located only in rural areas along
1554highways that are not limited access highways.
1555     (c)  The signs are located within 2 miles of the business
1556location and not less than 500 feet apart.
1557     (d)  The advertising copy on the signs consists only of the
1558name of the business or the principal or accessory merchandise
1559or services sold or furnished on the premises of the business.
1560     (2)  A business placing such signs under this section:
1561     (a)  Must be a minimum of 4 miles from any other business
1562placing signs under this program.
1563     (b)  May not participate in the logo sign program
1564authorized under s. 479.261 or the tourist-oriented directional
1565sign program authorized under s. 479.262.
1566     (3)  Businesses that are conducted in a building
1567principally used as a residence are not eligible to participate.
1568     (4)  Each business utilizing this program shall notify the
1569department in writing of its intent to do so prior to placing
1570signs. The department shall maintain statistics of the
1571businesses participating in the program. This program shall not
1572take effect if the Federal Highway Administration advises the
1573department in writing that implementation constitutes a loss of
1574effective control of outdoor advertising.
1575     (5)  This section expires June 30, 2016.
1576     Section 26.  Edna S. Hargrett-Thrower Avenue designated;
1577Department of Transportation to erect suitable markers.-
1578     (1)  That portion of Orange Blossom Trail between W. Gore
1579Street and W. Church Street in Orange County is designated as
1580"Edna S. Hargrett-Thrower Avenue."
1581     (2)  The Department of Transportation is directed to erect
1582suitable markers designating Edna S. Hargrett-Thrower Avenue as
1583described in subsection (1).
1584     Section 27.  SP4 Thomas Berry Corbin Memorial Highway
1585designated; Department of Transportation to erect suitable
1587     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
1588between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1589Road/Kate Green Road in Dixie County is designated as "SP4
1590Thomas Berry Corbin Memorial Highway."
1591     (2)  The Department of Transportation is directed to erect
1592suitable markers designating SP4 Thomas Berry Corbin Memorial
1593Highway as described in subsection (1).
1594     Section 28.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1595Memorial Highway designated; Department of Transportation to
1596erect suitable markers.-
1597     (1)  That portion of U.S. Highway 19/98/State Road 55
1598between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1599170th Street in Dixie County is designated as "U.S. Navy BMC
1600Samuel Calhoun Chavous, Jr. Memorial Highway."
1601     (2)  The Department of Transportation is directed to erect
1602suitable markers designating U.S. Navy BMC Samuel Calhoun
1603Chavous, Jr. Memorial Highway as described in subsection (1).
1604     Section 29.  Marine Lance Corporal Brian R. Buesing
1605Memorial Highway designated; Department of Transportation to
1606erect suitable markers.-
1607     (1)  That portion of State Road 24 between County Road 347
1608and Bridge Number 340053 in Levy County is designated as "Marine
1609Lance Corporal Brian R. Buesing Memorial Highway."
1610     (2)  The Department of Transportation is directed to erect
1611suitable markers designating Marine Lance Corporal Brian R.
1612Buesing Memorial Highway as described in subsection (1).
1613     Section 30.  United States Army Sergeant Karl A. Campbell
1614Memorial Highway designated; Department of Transportation to
1615erect suitable markers.-
1616     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
1617Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1618County is designated as "United States Army Sergeant Karl A.
1619Campbell Memorial Highway."
1620     (2)  The Department of Transportation is directed to erect
1621suitable markers designating United States Army Sergeant Karl A.
1622Campbell Memorial Highway as described in subsection (1).
1623     Section 31.  U.S. Army SPC James A. Page Memorial Highway
1624designated; Department of Transportation to erect suitable
1626     (1)  That portion of U.S. Highway 27A/State Road
1627500/Hathaway Avenue between State Road 24/Thrasher Drive and
1628Town Court in Levy County is designated as "U.S. Army SPC James
1629A. Page Memorial Highway."
1630     (2)  The Department of Transportation is directed to erect
1631suitable markers designating U.S. Army SPC James A. Page
1632Memorial Highway as described in subsection (1).
1633     Section 32.  Veterans Memorial Highway designated;
1634Department of Transportation to erect suitable markers.-
1635     (1)  That portion of State Road 19 between U.S. Highway
163617/State Road 15 and Carriage Drive in the City of Palatka in
1637Putnam County is designated as "Veterans Memorial Highway."
1638     (2)  The Department of Transportation is directed to erect
1639suitable markers designating Veterans Memorial Highway as
1640described in subsection (1).
1641     Section 33.  Ben G. Watts Highway designated; Department of
1642Transportation to erect suitable markers.-
1643     (1)  That portion of U.S. Highway 90 in Washington County
1644between the Jackson County line and the Holmes County line at
1645the Holmes Creek Bridge is designated as "Ben G. Watts Highway."
1646     (2)  The Department of Transportation is directed to erect
1647suitable markers designating Ben G. Watts Highway as described
1648in subsection (1).
1649     Section 34.  Mardi Gras Way designated; Department of
1650Transportation to erect suitable markers.-
1651     (1)  That portion of State Road 824 between Interstate 95
1652and U.S. Highway 1 in Broward County is designated as "Mardi
1653Gras Way."
1654     (2)  The Department of Transportation is directed to erect
1655suitable markers designating Mardi Gras Way as described in
1656subsection (1).
1657     Section 35.  West Park Boulevard designated; Department of
1658Transportation to erect suitable markers.-
1659     (1)  That portion of State Road 7 between Pembroke Road and
1660County Line Road in Broward County is designated as "West Park
1662     (2)  The Department of Transportation is directed to erect
1663suitable markers designating West Park Boulevard as described in
1664subsection (1).
1665     Section 36.  Pembroke Park Boulevard designated; Department
1666of Transportation to erect suitable markers.-
1667     (1)  That portion of State Road 858/Hallandale Beach
1668Boulevard between Interstate 95 and U.S. Highway 441/State Road
16697 in Broward County is designated as "Pembroke Park Boulevard."
1670     (2)  The Department of Transportation is directed to erect
1671suitable markers designating Pembroke Park Boulevard as
1672described in subsection (1).
1673     Section 37.  Stark Memorial Drive designated; Department of
1674Transportation to erect suitable markers.-
1675     (1)  That portion of State Road 101/Mayport Road between
1676State Road A1A and Wonderwood Connector in Duval County is
1677designated as "Stark Memorial Drive."
1678     (2)  The Department of Transportation is directed to erect
1679suitable markers designating Stark Memorial Drive as described
1680in subsection (1).
1681     Section 38.  Duval County Law Enforcement Memorial Overpass
1682designated; Department of Transportation to erect suitable
1684     (1)  The Interstate 295/State Road 9A overpass (Bridge Nos.
1685720256 and 720347) over Interstate 10/State Road 8 in Duval
1686County is designated as "Duval County Law Enforcement Memorial
1688     (2)  The Department of Transportation is directed to erect
1689suitable markers designating Duval County Law Enforcement
1690Memorial Overpass as described in subsection (1).
1691     Section 39.  Verna Bell Way designated; Department of
1692Transportation to erect suitable markers.-
1693     (1)  That portion of State Road 200 between Lime Street and
1694Beech Street in the City of Fernandina Beach in Nassau County is
1695designated as "Verna Bell Way."
1696     (2)  The Department of Transportation is directed to erect
1697suitable markers designating Verna Bell Way as described in
1698subsection (1).
1699     Section 40.  Deputy Hal P. Croft and Deputy Ronald Jackson
1700Memorial Highway designated; Department of Transportation to
1701erect suitable markers.-
1702     (1)  That portion of State Road 100 East between the
1703Bradford County line and the Columbia County line in Union
1704County is designated as "Deputy Hal P. Croft and Deputy Ronald
1705Jackson Memorial Highway."
1706     (2)  The Department of Transportation is directed to erect
1707suitable markers designating Deputy Hal P. Croft and Deputy
1708Ronald Jackson Memorial Highway as described in subsection (1).
1709     Section 41.  Dr. Oscar Elias Biscet Boulevard designated;
1710Department of Transportation to erect suitable markers.-
1711     (1)  That portion of Coral Way between S.W. 32nd Avenue and
1712S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1713Oscar Elias Biscet Boulevard."
1714     (2)  The Department of Transportation is directed to erect
1715suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1716described in subsection (1).
1717     Section 42.  Alma Lee Loy Bridge designated; Department of
1718Transportation to erect suitable markers.-
1719     (1)  The bridge on State Road 656 in Indian River County
1720between State Road A1A and Indian River Boulevard in Vero Beach
1721is designated as "Alma Lee Loy Bridge."
1722     (2)  The Department of Transportation is directed to erect
1723suitable markers designating Alma Lee Loy Bridge as described
1724subsection (1).
1725     Section 43.  Section 24 of chapter 2010-230, Laws of
1726Florida, is amended to read:
1727     Section 24.  Miss Lillie Williams Boulevard designated;
1728Department of Transportation to erect suitable markers.-
1729     (1)  That portion of N.W. 79th Street between N.W. 6th
1730Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1731designated as "Miss Lillie Williams Boulevard."
1732     (2)  The Department of Transportation is directed to erect
1733suitable markers designating Miss Lillie Williams Boulevard as
1734described in subsection (1).
1735     Section 44.  Section 45 of chapter 2010-230, Laws of
1736Florida, is amended to read:
1737     Section 45.  Father Gerard Jean-Juste Street designated;
1738Department of Transportation to erect suitable markers.-
1739     (1)  That portion of N.W. 54th Street in Miami-Dade County
1740between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1741is designated "Father Gerard Jean-Juste Street."
1742     (2)  The Department of Transportation is directed to erect
1743suitable markers designating Father Gerard Jean-Juste Street as
1744described in subsection (1).
1745     Section 45.  Paragraph (a) of subsection (12) of section
1746163.3180, Florida Statutes, is amended to read:
1747     163.3180  Concurrency.-
1748     (12)(a)  A development of regional impact may satisfy the
1749transportation concurrency requirements of the local
1750comprehensive plan, the local government's concurrency
1751management system, and s. 380.06 by payment of a proportionate-
1752share contribution for local and regionally significant traffic
1753impacts, if:
1754     1.  The development of regional impact which, based on its
1755location or mix of land uses, is designed to encourage
1756pedestrian or other nonautomotive modes of transportation;
1757     2.  The proportionate-share contribution for local and
1758regionally significant traffic impacts is sufficient to pay for
1759one or more required mobility improvements that will benefit a
1760regionally significant transportation facility;
1761     3.  The owner and developer of the development of regional
1762impact pays or assures payment of the proportionate-share
1763contribution; and
1764     4.  If the regionally significant transportation facility
1765to be constructed or improved is under the maintenance authority
1766of a governmental entity, as defined by s. 334.03(12), other
1767than the local government with jurisdiction over the development
1768of regional impact, the developer is required to enter into a
1769binding and legally enforceable commitment to transfer funds to
1770the governmental entity having maintenance authority or to
1771otherwise assure construction or improvement of the facility.
1773The proportionate-share contribution may be applied to any
1774transportation facility to satisfy the provisions of this
1775subsection and the local comprehensive plan, but, for the
1776purposes of this subsection, the amount of the proportionate-
1777share contribution shall be calculated based upon the cumulative
1778number of trips from the proposed development expected to reach
1779roadways during the peak hour from the complete buildout of a
1780stage or phase being approved, divided by the change in the peak
1781hour maximum service volume of roadways resulting from
1782construction of an improvement necessary to maintain the adopted
1783level of service, multiplied by the construction cost, at the
1784time of developer payment, of the improvement necessary to
1785maintain the adopted level of service. For purposes of this
1786subsection, "construction cost" includes all associated costs of
1787the improvement. Proportionate-share mitigation shall be limited
1788to ensure that a development of regional impact meeting the
1789requirements of this subsection mitigates its impact on the
1790transportation system but is not responsible for the additional
1791cost of reducing or eliminating backlogs. This subsection also
1792applies to Florida Quality Developments pursuant to s. 380.061
1793and to detailed specific area plans implementing optional sector
1794plans pursuant to s. 163.3245.
1795     Section 46.  Paragraph (k) of subsection (1) of section
1796163.3187, Florida Statutes, is amended to read:
1797     163.3187  Amendment of adopted comprehensive plan.-
1798     (1)  Amendments to comprehensive plans adopted pursuant to
1799this part may be made not more than two times during any
1800calendar year, except:
1801     (k)  A local comprehensive plan amendment directly related
1802to providing transportation improvements to enhance life safety
1803on controlled access major arterial highways identified in the
1804Strategic Intermodal System Florida Intrastate Highway System,
1805in counties as defined in s. 125.011, where such roadways have a
1806high incidence of traffic accidents resulting in serious injury
1807or death. Any such amendment shall not include any amendment
1808modifying the designation on a comprehensive development plan
1809land use map nor any amendment modifying the allowable densities
1810or intensities of any land.
1811     Section 47.  Subsection (3) of section 288.063, Florida
1812Statutes, is amended to read:
1813     288.063  Contracts for transportation projects.-
1814     (3)  With respect to any contract executed pursuant to this
1815section, the term "transportation project" means a
1816transportation facility as defined in s. 334.03(31) which is
1817necessary in the judgment of the Office of Tourism, Trade, and
1818Economic Development to facilitate the economic development and
1819growth of the state. Except for applications received prior to
1820July 1, 1996, such transportation projects shall be approved
1821only as a consideration to attract new employment opportunities
1822to the state or expand or retain employment in existing
1823companies operating within the state, or to allow for the
1824construction or expansion of a state or federal correctional
1825facility in a county with a population of 75,000 or less that
1826creates new employment opportunities or expands or retains
1827employment in the county. The Office of Tourism, Trade, and
1828Economic Development shall institute procedures to ensure that
1829small and minority businesses have equal access to funding
1830provided under this section. Funding for approved transportation
1831projects may include any expenses, other than administrative
1832costs and equipment purchases specified in the contract,
1833necessary for new, or improvement to existing, transportation
1834facilities. Funds made available pursuant to this section may
1835not be expended in connection with the relocation of a business
1836from one community to another community in this state unless the
1837Office of Tourism, Trade, and Economic Development determines
1838that without such relocation the business will move outside this
1839state or determines that the business has a compelling economic
1840rationale for the relocation which creates additional jobs.
1841Subject to appropriation for projects under this section, any
1842appropriation greater than $10 million shall be allocated to
1843each of the districts of the Department of Transportation to
1844ensure equitable geographical distribution. Such allocated funds
1845that remain uncommitted by the third quarter of the fiscal year
1846shall be reallocated among the districts based on pending
1847project requests.
1848     Section 48.  Paragraph (b) of subsection (3) of section
1849311.07, Florida Statutes, is amended to read:
1850     311.07  Florida seaport transportation and economic
1851development funding.-
1852     (3)
1853     (b)  Projects eligible for funding by grants under the
1854program are limited to the following port facilities or port
1855transportation projects:
1856     1.  Transportation facilities within the jurisdiction of
1857the port.
1858     2.  The dredging or deepening of channels, turning basins,
1859or harbors.
1860     3.  The construction or rehabilitation of wharves, docks,
1861structures, jetties, piers, storage facilities, cruise
1862terminals, automated people mover systems, or any facilities
1863necessary or useful in connection with any of the foregoing.
1864     4.  The acquisition of vessel tracking systems, container
1865cranes, or other mechanized equipment used in the movement of
1866cargo or passengers in international commerce.
1867     5.  The acquisition of land to be used for port purposes.
1868     6.  The acquisition, improvement, enlargement, or extension
1869of existing port facilities.
1870     7.  Environmental protection projects which are necessary
1871because of requirements imposed by a state agency as a condition
1872of a permit or other form of state approval; which are necessary
1873for environmental mitigation required as a condition of a state,
1874federal, or local environmental permit; which are necessary for
1875the acquisition of spoil disposal sites and improvements to
1876existing and future spoil sites; or which result from the
1877funding of eligible projects listed in this paragraph.
1878     8.  Transportation facilities as defined in s. 334.03(31)
1879which are not otherwise part of the Department of
1880Transportation's adopted work program.
1881     9.  Seaport intermodal access projects identified in the 5-
1882year Florida Seaport Mission Plan as provided in s. 311.09(3).
1883     10.  Construction or rehabilitation of port facilities as
1884defined in s. 315.02, excluding any park or recreational
1885facilities, in ports listed in s. 311.09(1) with operating
1886revenues of $5 million or less, provided that such projects
1887create economic development opportunities, capital improvements,
1888and positive financial returns to such ports.
1889     Section 49.  Subsection (7) of section 311.09, Florida
1890Statutes, is amended to read:
1891     311.09  Florida Seaport Transportation and Economic
1892Development Council.-
1893     (7)  The Department of Transportation shall review the list
1894of projects approved by the council for consistency with the
1895Florida Transportation Plan and the department's adopted work
1896program. In evaluating the consistency of a project, the
1897department shall determine whether the transportation impact of
1898the proposed project is adequately handled by existing state-
1899owned transportation facilities or by the construction of
1900additional state-owned transportation facilities as identified
1901in the Florida Transportation Plan and the department's adopted
1902work program. In reviewing for consistency a transportation
1903facility project as defined in s. 334.03(31) which is not
1904otherwise part of the department's work program, the department
1905shall evaluate whether the project is needed to provide for
1906projected movement of cargo or passengers from the port to a
1907state transportation facility or local road. If the project is
1908needed to provide for projected movement of cargo or passengers,
1909the project shall be approved for consistency as a consideration
1910to facilitate the economic development and growth of the state
1911in a timely manner. The Department of Transportation shall
1912identify those projects which are inconsistent with the Florida
1913Transportation Plan and the adopted work program and shall
1914notify the council of projects found to be inconsistent.
1915     Section 50.  Section 316.2122, Florida Statutes, is amended
1916to read:
1917     316.2122  Operation of a low-speed vehicle or mini truck on
1918certain roadways.-The operation of a low-speed vehicle as
1919defined in s. 320.01(42) or a mini truck as defined in s.
1920320.01(45) on any road as defined in s. 334.03(15) or (33) is
1921authorized with the following restrictions:
1922     (1)  A low-speed vehicle or mini truck may be operated only
1923on streets where the posted speed limit is 35 miles per hour or
1924less. This does not prohibit a low-speed vehicle or mini truck
1925from crossing a road or street at an intersection where the road
1926or street has a posted speed limit of more than 35 miles per
1928     (2)  A low-speed vehicle must be equipped with headlamps,
1929stop lamps, turn signal lamps, taillamps, reflex reflectors,
1930parking brakes, rearview mirrors, windshields, seat belts, and
1931vehicle identification numbers.
1932     (3)  A low-speed vehicle or mini truck must be registered
1933and insured in accordance with s. 320.02 and titled pursuant to
1934chapter 319.
1935     (4)  Any person operating a low-speed vehicle or mini truck
1936must have in his or her possession a valid driver's license.
1937     (5)  A county or municipality may prohibit the operation of
1938low-speed vehicles or mini trucks on any road under its
1939jurisdiction if the governing body of the county or municipality
1940determines that such prohibition is necessary in the interest of
1942     (6)  The Department of Transportation may prohibit the
1943operation of low-speed vehicles or mini trucks on any road under
1944its jurisdiction if it determines that such prohibition is
1945necessary in the interest of safety.
1946     Section 51.  Section 318.12, Florida Statutes, is amended
1947to read:
1948     318.12  Purpose.-It is the legislative intent in the
1949adoption of this chapter to decriminalize certain violations of
1950chapter 316, the Florida Uniform Traffic Control Law; chapter
1951320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1952chapter 338, Limited Access Florida Intrastate Highway System
1953and Toll Facilities; and chapter 1006, Support of Learning,
1954thereby facilitating the implementation of a more uniform and
1955expeditious system for the disposition of traffic infractions.
1956     Section 52.  Subsection (3) of section 335.02, Florida
1957Statutes, is amended to read:
1958     335.02  Authority to designate transportation facilities
1959and rights-of-way and establish lanes; procedure for
1960redesignation and relocation; application of local regulations.-
1961     (3)  The department may establish standards for lanes on
1962the State Highway System, including the Strategic Intermodal
1963System highway corridors Florida Intrastate Highway System
1964established pursuant to s. 339.65 338.001. In determining the
1965number of lanes for any regional corridor or section of highway
1966on the State Highway System to be funded by the department with
1967state or federal funds, the department shall evaluate all
1968alternatives and seek to achieve the highest degree of efficient
1969mobility for corridor users. In conducting the analysis, the
1970department must give consideration to the following factors
1971consistent with sound engineering principles:
1972     (a)  Overall economic importance of the corridor as a trade
1973or tourism corridor.
1974     (b)  Safety of corridor users, including the importance of
1975the corridor for evacuation purposes.
1976     (c)  Cost-effectiveness of alternative methods of
1977increasing the mobility of corridor users.
1978     (d)  Current and projected traffic volumes on the corridor.
1979     (e)  Multimodal alternatives.
1980     (f)  Use of intelligent transportation technology in
1981increasing the efficiency of the corridor.
1982     (g)  Compliance with state and federal policies related to
1983clean air, environmental impacts, growth management, livable
1984communities, and energy conservation.
1985     (h)  Addition of special use lanes, such as exclusive truck
1986lanes, high-occupancy-vehicle toll lanes, and exclusive
1987interregional traffic lanes.
1988     (i)  Availability and cost of rights-of-way, including
1989associated costs, and the most effective use of existing rights-
1991     (j)  Regional economic and transportation objectives, where
1993     (k)  The future land use plan element of local government
1994comprehensive plans, as appropriate, including designated urban
1995infill and redevelopment areas.
1996     (l)  The traffic circulation element, if applicable, of
1997local government comprehensive plans, including designated
1998transportation corridors and public transportation corridors.
1999     (m)  The approved metropolitan planning organization's
2000long-range transportation plan, as appropriate.
2002This subsection does not preclude a number of lanes in excess of
200310 lanes, but an additional factor that must be considered
2004before the department may determine that the number of lanes
2005should be more than 10 is the capacity to accommodate in the
2006future alternative forms of transportation within existing or
2007potential rights-of-way.
2008     Section 53.  Section 336.01, Florida Statutes, is amended
2009to read:
2010     336.01  Designation of county road system.-The county road
2011system shall be as defined in s. 334.03(8).
2012     Section 54.  Subsection (2) of section 338.222, Florida
2013Statutes, is amended to read:
2014     338.222  Department of Transportation sole governmental
2015entity to acquire, construct, or operate turnpike projects;
2017     (2)  The department may contract with any local
2018governmental entity as defined in s. 334.03(13)(14) for the
2019design, right-of-way acquisition, or construction of any
2020turnpike project which the Legislature has approved. Local
2021governmental entities may negotiate with the department for the
2022design, right-of-way acquisition, and construction of any
2023section of the turnpike project within areas of their respective
2024jurisdictions or within counties with which they have interlocal
2026     Section 55.  Paragraph (b) of subsection (1) of section
2027338.223, Florida Statutes, is amended to read:
2028     338.223  Proposed turnpike projects.-
2029     (1)
2030     (b)  Any proposed turnpike project or improvement shall be
2031developed in accordance with the Florida Transportation Plan and
2032the work program pursuant to s. 339.135. Turnpike projects that
2033add capacity, alter access, affect feeder roads, or affect the
2034operation of the local transportation system shall be included
2035in the transportation improvement plan of the affected
2036metropolitan planning organization. If such turnpike project
2037does not fall within the jurisdiction of a metropolitan planning
2038organization, the department shall notify the affected county
2039and provide for public hearings in accordance with s.
2041     Section 56.  Subsection (4) of section 338.227, Florida
2042Statutes, is amended to read:
2043     338.227  Turnpike revenue bonds.-
2044     (4)  The Department of Transportation and the Department of
2045Management Services shall create and implement an outreach
2046program designed to enhance the participation of minority
2047persons and minority business enterprises in all contracts
2048entered into by their respective departments for services
2049related to the financing of department projects for the
2050Strategic Intermodal System Plan developed pursuant to s. 339.64
2051Florida Intrastate Highway System Plan. These services shall
2052include, but not be limited to, bond counsel and bond
2054     Section 57.  Subsection (2) of section 338.2275, Florida
2055Statutes, is amended to read:
2056     338.2275  Approved turnpike projects.-
2057     (2)  The department is authorized to use turnpike revenues,
2058the State Transportation Trust Fund moneys allocated for
2059turnpike projects pursuant to s. 339.65 s. 338.001, federal
2060funds, and bond proceeds, and shall use the most cost-efficient
2061combination of such funds, in developing a financial plan for
2062funding turnpike projects. The department must submit a report
2063of the estimated cost for each ongoing turnpike project and for
2064each planned project to the Legislature 14 days before the
2065convening of the regular legislative session. Verification of
2066economic feasibility and statements of environmental feasibility
2067for individual turnpike projects must be based on the entire
2068project as approved. Statements of environmental feasibility are
2069not required for those projects listed in s. 12, chapter 90-136,
2070Laws of Florida, for which the Project Development and
2071Environmental Reports were completed by July 1, 1990. All
2072required environmental permits must be obtained before the
2073department may advertise for bids for contracts for the
2074construction of any turnpike project.
2075     Section 58.  Section 338.228, Florida Statutes, is amended
2076to read:
2077     338.228  Bonds not debts or pledges of credit of state.-
2078Turnpike revenue bonds issued under the provisions of ss.
2079338.22-338.241 are not debts of the state or pledges of the
2080faith and credit of the state. Such bonds are payable
2081exclusively from revenues pledged for their payment. All such
2082bonds shall contain a statement on their face that the state is
2083not obligated to pay the same or the interest thereon, except
2084from the revenues pledged for their payment, and that the faith
2085and credit of the state is not pledged to the payment of the
2086principal or interest of such bonds. The issuance of turnpike
2087revenue bonds under the provisions of ss. 338.22-338.241 does
2088not directly, indirectly, or contingently obligate the state to
2089levy or to pledge any form of taxation whatsoever, or to make
2090any appropriation for their payment. Except as provided in ss.
2091338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2092be used on any turnpike project or to pay the principal or
2093interest of any bonds issued to finance or refinance any portion
2094of the turnpike system, and all such bonds shall contain a
2095statement on their face to this effect.
2096     Section 59.  Subsection (2) of section 338.234, Florida
2097Statutes, is amended to read:
2098     338.234  Granting concessions or selling along the turnpike
2099system; immunity from taxation.-
2100     (2)  The effectuation of the authorized purposes of the
2101Strategic Intermodal System, created under ss. 339.61-339.65,
2102Florida Intrastate Highway System and Florida Turnpike
2103Enterprise, created under this chapter, is for the benefit of
2104the people of the state, for the increase of their commerce and
2105prosperity, and for the improvement of their health and living
2106conditions; and, because the system and enterprise perform
2107essential government functions in effectuating such purposes,
2108neither the turnpike enterprise nor any nongovernment lessee or
2109licensee renting, leasing, or licensing real property from the
2110turnpike enterprise, pursuant to an agreement authorized by this
2111section, are required to pay any commercial rental tax imposed
2112under s. 212.031 on any capital improvements constructed,
2113improved, acquired, installed, or used for such purposes.
2114     Section 60.  Subsections (1) and (3) of section 339.2819,
2115Florida Statutes, are amended to read:
2116     339.2819  Transportation Regional Incentive Program.-
2117     (1)  There is created within the Department of
2118Transportation a Transportation Regional Incentive Program for
2119the purpose of providing funds to improve regionally significant
2120transportation facilities in regional transportation areas
2121created pursuant to s. 339.155(4)(5).
2122     (3)  The department shall allocate funding available for
2123the Transportation Regional Incentive Program to the districts
2124based on a factor derived from equal parts of population and
2125motor fuel collections for eligible counties in regional
2126transportation areas created pursuant to s. 339.155(4)(5).
2127     Section 61.  Subsection (6) of section 339.285, Florida
2128Statutes, is amended to read:
2129     339.285  Enhanced Bridge Program for Sustainable
2131     (6)  Preference shall be given to bridge projects located
2132on corridors that connect to the Strategic Intermodal System,
2133created under s. 339.64, and that have been identified as
2134regionally significant in accordance with s. 339.155(4)(5)(c),
2135(d), and (e).
2136     Section 62.  Subsection (2) of section 341.053, Florida
2137Statutes, is amended to read:
2138     341.053  Intermodal Development Program; administration;
2139eligible projects; limitations.-
2140     (2)  In recognition of the department's role in the
2141economic development of this state, the department shall develop
2142a proposed intermodal development plan to connect Florida's
2143airports, deepwater seaports, rail systems serving both
2144passenger and freight, and major intermodal connectors to the
2145Strategic Intermodal System highway corridors Florida Intrastate
2146Highway System facilities as the primary system for the movement
2147of people and freight in this state in order to make the
2148intermodal development plan a fully integrated and
2149interconnected system. The intermodal development plan must:
2150     (a)  Define and assess the state's freight intermodal
2151network, including airports, seaports, rail lines and terminals,
2152intercity bus lines and terminals, and connecting highways.
2153     (b)  Prioritize statewide infrastructure investments,
2154including the acceleration of current projects, which are found
2155by the Freight Stakeholders Task Force to be priority projects
2156for the efficient movement of people and freight.
2157     (c)  Be developed in a manner that will assure maximum use
2158of existing facilities and optimum integration and coordination
2159of the various modes of transportation, including both
2160government-owned and privately owned resources, in the most
2161cost-effective manner possible.
2162     Section 63.  Subsection (2) of section 341.8225, Florida
2163Statutes, is amended to read:
2164     341.8225  Department of Transportation sole governmental
2165entity to acquire, construct, or operate high-speed rail
2166projects; exception.-
2167     (2)  Local governmental entities, as defined in s.
2168334.03(13)(14), may negotiate with the department for the
2169design, right-of-way acquisition, and construction of any
2170component of the high-speed rail system within areas of their
2171respective jurisdictions or within counties with which they have
2172interlocal agreements.
2173     Section 64.  Paragraph (a) of subsection (2) of section
2174403.7211, Florida Statutes, is amended to read:
2175     403.7211  Hazardous waste facilities managing hazardous
2176wastes generated offsite; federal facilities managing hazardous
2178     (2)  The department shall not issue any permit under s.
2179403.722 for the construction, initial operation, or substantial
2180modification of a facility for the disposal, storage, or
2181treatment of hazardous waste generated offsite which is proposed
2182to be located in any of the following locations:
2183     (a)  Any area where life-threatening concentrations of
2184hazardous substances could accumulate at any residence or
2185residential subdivision as the result of a catastrophic event at
2186the proposed facility, unless each such residence or residential
2187subdivision is served by at least one arterial road or urban
2188minor arterial road, as determined under the procedures
2189referenced in s. 334.03(9) defined in s. 334.03, which provides
2190safe and direct egress by land to an area where such life-
2191threatening concentrations of hazardous substances could not
2192accumulate in a catastrophic event. Egress by any road leading
2193from any residence or residential subdivision to any point
2194located within 1,000 yards of the proposed facility is unsafe
2195for the purposes of this paragraph. In determining whether
2196egress proposed by the applicant is safe and direct, the
2197department shall also consider, at a minimum, the following
2199     1.  Natural barriers such as water bodies, and whether any
2200road in the proposed evacuation route is impaired by a natural
2201barrier such as a water body;
2202     2.  Potential exposure during egress and potential
2203increases in the duration of exposure;
2204     3.  Whether any road in a proposed evacuation route passes
2205in close proximity to the facility; and
2206     4.  Whether any portion of the evacuation route is
2207inherently directed toward the facility.
2209For the purposes of this subsection, all distances shall be
2210measured from the outer limit of the active hazardous waste
2211management area. "Substantial modification" includes: any
2212physical change in, change in the operations of, or addition to
2213a facility which could increase the potential offsite impact, or
2214risk of impact, from a release at that facility; and any change
2215in permit conditions which is reasonably expected to lead to
2216greater potential impacts or risks of impacts, from a release at
2217that facility. "Substantial modification" does not include a
2218change in operations, structures, or permit conditions which
2219does not substantially increase either the potential impact
2220from, or the risk of, a release. Physical or operational changes
2221to a facility related solely to the management of nonhazardous
2222waste at the facility shall not be considered a substantial
2223modification. The department shall, by rule, adopt criteria to
2224determine whether a facility has been substantially modified.
2225"Initial operation" means the initial commencement of operations
2226at the facility.
2227     Section 65.  Subsection (27) of section 479.01, Florida
2228Statutes, is amended to read:
2229     479.01  Definitions.-As used in this chapter, the term:
2230     (27)  "Urban area" has the same meaning as defined in s.
2232     Section 66.  Subsection (1) of section 479.07, Florida
2233Statutes, is amended to read:
2234     479.07  Sign permits.-
2235     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2236person may not erect, operate, use, or maintain, or cause to be
2237erected, operated, used, or maintained, any sign on the State
2238Highway System outside an urban area, as defined in s.
2239334.03(32), or on any portion of the interstate or federal-aid
2240primary highway system without first obtaining a permit for the
2241sign from the department and paying the annual fee as provided
2242in this section. As used in this section, the term "on any
2243portion of the State Highway System, interstate, or federal-aid
2244primary system" means a sign located within the controlled area
2245which is visible from any portion of the main-traveled way of
2246such system.
2247     Section 67.  Subsection (5) of section 479.261, Florida
2248Statutes, is amended to read:
2249     479.261  Logo sign program.-
2250     (5)  At a minimum, permit fees for businesses that
2251participate in the program must be established in an amount
2252sufficient to offset the total cost to the department for the
2253program, including contract costs. The department shall provide
2254the services in the most efficient and cost-effective manner
2255through department staff or by contracting for some or all of
2256the services. The department shall adopt rules that set
2257reasonable rates based upon factors such as population, traffic
2258volume, market demand, and costs for annual permit fees.
2259However, annual permit fees for sign locations inside an urban
2260area, as defined in s. 334.03(32), may not exceed $3,500, and
2261annual permit fees for sign locations outside an urban area, as
2262defined in s. 334.03(32), may not exceed $2,000. After
2263recovering program costs, the proceeds from the annual permit
2264fees shall be deposited into the State Transportation Trust Fund
2265and used for transportation purposes.
2266     Section 68.  Paragraph (c) of subsection (5) of section
2267316.515, Florida Statutes, is amended to read:
2268     316.515  Maximum width, height, length.-
2271     (c)  The width and height limitations of this section do
2272not apply to farming or agricultural equipment, whether self-
2273propelled, pulled, or hauled, when temporarily operated during
2274daylight hours upon a public road that is not a limited access
2275facility as defined in s. 334.03(13), and the width and height
2276limitations may be exceeded by such equipment without a permit.
2277To be eligible for this exemption, the equipment shall be
2278operated within a radius of 50 miles of the real property owned,
2279rented, or leased by the equipment owner. However, equipment
2280being delivered by a dealer to a purchaser is not subject to the
228150-mile limitation. Farming or agricultural equipment greater
2282than 174 inches in width must have one warning lamp mounted on
2283each side of the equipment to denote the width and must have a
2284slow-moving vehicle sign. Warning lamps required by this
2285paragraph must be visible from the front and rear of the vehicle
2286and must be visible from a distance of at least 1,000 feet.
2287     Section 69.  This act shall take effect July 1, 2011.

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