CS/CS/CS/HB 1363

1	A bill to be entitled
2	An act relating to transportation; amending s. 120.80,
3	F.S., relating to rulemaking; exempting the adjustment of
4	tolls under specified provisions from provisions requiring
5	a statement of estimated regulatory costs and a
6	requirement for legislative ratification; amending s.
7	316.091, F.S.; prohibiting use of human-powered vehicles
8	on limited access highways and bridges; requiring the
9	Department of Transportation to establish a pilot program
10	to open certain limited access highways and bridges to
11	bicycles and other human-powered vehicles; providing
12	requirements for the pilot program; authorizing the
13	department to continue or expand the program after the end
14	of the pilot period; requiring a report to the Governor
15	and the Legislature; amending s. 316.302, F.S.; exempting
16	operators of farm labor vehicles from certain safety
17	regulations under certain circumstances; amending s.
18	331.303, F.S.; defining "spaceport launch support
19	facilities"; amending s. 334.03, F.S.; revising
20	definitions for purposes of the Florida Transportation
21	Code; amending s. 334.044, F.S.; revising the powers and
22	duties of the department relating to jurisdictional
23	responsibility and designating facilities; revising the
24	types of transportation projects for which landscaping
25	materials must be purchased; limiting the amount of funds
26	that may be allocated for such purchases; revising the
27	department's duties related to agreements with Space
28	Florida; amending s. 334.047, F.S.; removing a provision
29	prohibiting the department from establishing a maximum
30	number of miles of urban principal arterial roads within a
31	district or county; amending s. 336.021, F.S.; revising
32	the date when imposition of the ninth-cent fuel tax is to
33	be levied; amending s. 336.025, F.S.; revising the dates
34	when impositions or rate changes of the local option fuel
35	tax are to be levied and when counties must notify the
36	Department of Revenue of such rates or rate changes;
37	revising the definition of "transportation expenditures";
38	amending s. 337.111, F.S.; providing additional forms of
39	security for the cost of removal of monuments or memorials
40	or modifications to an installation site at highway rest
41	areas; removing a provision requiring renewal of a bond;
42	amending ss. 337.403 and 337.404, F.S.; revising
43	provisions for alleviation of interference with a public
44	road or publically owned rail corridor caused by a utility
45	facility; requiring the utility owner to initiate and
46	complete the work necessary within a certain time period;
47	providing for notice to the utility; revising provisions
48	for payment of costs; revising provisions for completion
49	of work when the utility owner does not perform the work;
50	amending s. 337.408, F.S.; revising provisions for certain
51	facilities installed within the right-of-way limits of
52	roads; requiring counties and municipalities to indemnify
53	the department from certain claims relating to the
54	installation, removal, or relocation of a noncompliant
55	bench or shelter; authorizing the department to direct a
56	county or municipality to remove or relocate a bus stop,
57	bench, transit shelter, waste disposal receptacle, public
58	pay telephone, or modular news rack that is not in
59	compliance with applicable laws or rules; directing the
60	department to remove or relocate such installation and
61	charge the cost to the county or municipality; authorizing
62	the department to deduct the cost from funding available
63	to the municipality or county from the department;
64	removing a provision for the replacement of an unusable
65	transit bus bench that was in service before a certain
66	date; revising the title of chapter 338, F.S.; repealing
67	s. 338.001, F.S., relating to provisions for the Florida
68	Intrastate Highway System Plan; amending s. 338.01, F.S.;
69	including authority of the department in provisions for
70	the establishment of limited access facilities; amending
71	s. 339.155, F.S.; revising provisions for statewide
72	transportation planning by the department; providing for
73	federally required transportation planning factors;
74	revising provisions for the Florida Transportation Plan;
75	removing requirements that the plan include a long-range
76	component and a short-range component; removing certain
77	reporting requirements; revising requirements for public
78	participation in the planning process; amending s.
79	339.175, F.S.; providing that representatives of the
80	department shall serve as nonvoting advisers to a
81	metropolitan planning organization; authorizing the
82	appointment of additional nonvoting advisers; amending s.
83	339.63, F.S.; providing for inclusion of certain access
84	facilities in the Strategic Intermodal System and the
85	Emerging Strategic Intermodal System; amending s. 339.64,
86	F.S.; revising provisions for development of the Strategic
87	Intermodal System Plan; removing the Statewide Intermodal
88	Transportation Advisory Council; creating s. 339.65, F.S.;
89	providing for the department to plan and develop Strategic
90	Intermodal System highway corridors; providing for
91	allocations of funds on a specified basis; providing for
92	corridor projects to be included in the department's
93	adopted work program and changes to be a separate part of
94	the tentative work program; amending s. 341.302, F.S.;
95	providing for construction of safety measures along
96	passenger rail corridors and improvements at intermodal
97	stations; amending s. 348.0003, F.S.; revising financial
98	disclosure requirements for certain transportation
99	authorities; amending s. 349.03, F.S.; providing for
100	financial disclosure requirements for the Jacksonville
101	Transportation Authority; amending s. 349.04, F.S.;
102	providing that the Jacksonville Transportation Authority
103	may conduct meetings and workshops using communications
104	media technology; providing that certain actions may not
105	be taken unless a quorum is present in person; providing
106	that members must be physically present to vote on any
107	item; amending s. 373.413, F.S.; providing legislative
108	intent regarding flexibility in the permitting of
109	stormwater management systems; requiring the cost of
110	stormwater treatment for a transportation project to be
111	balanced with benefits to the public; absolving the
112	Department of Transportation of responsibility for the
113	abatement of pollutants entering its stormwater facilities
114	from offsite sources and from updating permits for
115	adjacent lands impacted by right-of-way acquisition;
116	authorizing the water management districts and the
117	Department of Environmental Protection to adopt rules;
118	creating s. 479.075, F.S.; defining the terms "sign" and
119	"sign permit fee"; establishing limitations on fees
120	charged for sign permits; requiring a fee schedule to be
121	based on actual costs; providing for effect with respect
122	to any agreement, resolution, or ordinance; requiring
123	removal of a sign to adhere to specified provisions;
124	amending s. 479.106, F.S.; revising requirements for an
125	application for a permit to remove, cut, or trim trees or
126	vegetation around a sign; requiring that the application
127	include a vegetation management plan, a mitigation
128	contribution to a trust fund, or a combination of both;
129	providing certain evaluation criteria; providing criteria
130	for the use of herbicides; providing a time limit within
131	which the Department of Transportation must act; providing
132	that the permit is valid for 5 years; providing for an
133	extension of the permit; reducing the number of
134	nonconforming signs that must be removed before a permit
135	may be issued for certain signs; providing criteria for
136	view zones; requiring the department to provide notice to
137	the sign owner of beautification projects or vegetation
138	planting; amending s. 28, ch. 2008-174, Laws of Florida;
139	revising the expiration of a pilot program that authorizes
140	the Palm Beach County school district to recognize its
141	business partners by displaying such business partners'
142	names on school district property in unincorporated areas;
143	designating Edna S. Hargrett-Thrower Avenue in Orange
144	County; designating SP4 Thomas Berry Corbin Memorial
145	Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr.
146	Memorial Highway in Dixie County; designating Marine Lance
147	Corporal Brian R. Buesing Memorial Highway, United States
148	Army Sergeant Karl A. Campbell Memorial Highway, and U.S.
149	Army SPC James A. Page Memorial Highway in Levy County;
150	designating Veterans Memorial Highway in Putnam County;
151	designating Ben G. Watts Highway in Washington County;
152	designating Mardi Gras Way, West Park Boulevard, and
153	Pembroke Park Boulevard in Broward County; designating
154	Stark Memorial Drive and Duval County Law Enforcement
155	Memorial Overpass in Duval County; designating Verna Bell
156	Way in Nassau County; designating Deputy Hal P. Croft and
157	Deputy Ronald Jackson Memorial Highway in Union County;
158	designating Dr. Oscar Elias Biscet Boulevard in Miami-Dade
159	County; designating Alma Lee Loy Bridge in Indian River
160	County; amending ss. 24 and 45, ch. 2010-230, Laws of
161	Florida; revising the designation for Miss Lillie Williams
162	Boulevard and Father Gerard Jean-Juste Street in Miami-
163	Dade County; directing the Department of Transportation to
164	erect suitable markers; amending ss. 163.3180, 288.063,
165	311.07, 311.09, 316.2122, 316.515, 336.01, 338.222,
166	338.223, 338.2275, 338.228, 339.2819, 339.285, 341.8225,
167	479.01, 479.07, and 479.261, F.S., relating to
168	transportation concurrency, contracts, port facilities,
169	Florida Seaport Transportation and Economic Development
170	Council, low-speed vehicles and mini trucks, width and
171	height limitations, the county road system, turnpike
172	projects, revenue bonds, Transportation Regional Incentive
173	Program, Enhanced Bridge Program for Sustainable
174	Transportation, high-speed rail projects, outdoor
175	advertising, sign permits, and the Logo sign program,
176	respectively; revising cross-references; amending ss.
177	163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
178	341.053, and 403.7211, F.S., relating to comprehensive
179	plans, traffic infractions, standards for lanes, services
180	related to the financing of projects, concessions along
181	the turnpike, components of the Strategic Intermodal
182	System, Intermodal Development Program, and hazardous
183	waste facilities, respectively; revising references to
184	conform to the incorporation of the Florida Intrastate
185	Highway System into the Strategic Intermodal System and to
186	changes made by the act; providing effective dates.
187
188	Be It Enacted by the Legislature of the State of Florida:
189
190	Section 1.  Subsection (17) is added to section 120.80,
191	Florida Statutes, to read:
192	120.80  Exceptions and special requirements; agencies.-
193	(17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
194	and 120.541 do not apply to the adjustment of tolls pursuant to
195	s. 338.165(3).
196	Section 2.  Subsection (4) of section 316.091, Florida
197	Statutes, is amended, present subsection (5) of that section is
198	renumbered as subsection (6), and a new subsection (5) is added
199	to that section, to read:
200	316.091  Limited access facilities; interstate highways;
201	use restricted.-
202	(4)  No person shall operate a bicycle or other human-
203	powered vehicle on the roadway or along the shoulder of a
204	limited access highway, including bridges, unless official signs
205	and a designated marked bicycle lane are present at the entrance
206	of the section of highway indicating that such use is permitted
207	pursuant to a pilot program of the Department of Transportation
208	an interstate highway.
209	(5)  The Department of Transportation shall establish a 2-
210	year pilot program, in three separate urban areas, in which it
211	shall erect signs and designate marked bicycle lanes indicating
212	highway approaches and bridge segments of limited access
213	highways as open to use by operators of bicycles and other
214	human-powered vehicles, under the following conditions:
215	(a)  The limited access highway approaches and bridge
216	segments chosen must cross a river, lake, bay, inlet, or surface
217	water where no street or highway crossing the water body is
218	available for use within 2 miles of the entrance to the limited
219	access facility measured along the shortest public right-of-way.
220	(b)  The Department of Transportation, with the concurrence
221	of the Federal Highway Administration on the interstate
222	facilities, shall establish the three highway approaches and
223	bridge segments for the pilot project by October 1, 2011. In
224	selecting the highway approaches and bridge segments, the
225	Department of Transportation shall consider, without limitation,
226	a minimum size of population in the urban area within 5 miles of
227	the highway approach and bridge segment, the lack of bicycle
228	access by other means, cost, safety, and operational impacts.
229	(c)  The Department of Transportation shall begin the pilot
230	program by erecting signs and designating marked bicycle lanes
231	indicating highway approaches and bridge segments of limited
232	access highways, as qualified by the conditions described in
233	this subsection, as open to use by operators of bicycles and
234	other human-powered vehicles no later than January 1, 2012.
235	(d)  The Department of Transportation shall conduct the
236	pilot program for a minimum of 2 years following the
237	implementation date. The department may continue to provide
238	bicycle access on the highway approaches and bridge segments
239	chosen for the pilot program or initiate bicycle access on other
240	limited access facilities after the end of the program.
241	(e)  The Department of Transportation shall submit a report
242	of its findings and recommendations from the pilot program to
243	the Governor, the President of the Senate, and the Speaker of
244	the House of Representatives by September 1, 2014. The report
245	shall include, at a minimum, bicycle crash data occurring in the
246	designated segments of the pilot program, usage by operators of
247	bicycles and other human-powered vehicles, enforcement issues,
248	operational impacts, and the cost of the pilot program.
249	Section 3.  Paragraph (b) of subsection (2) of section
250	316.302, Florida Statutes, is amended to read:
251	316.302  Commercial motor vehicles; safety regulations;
252	transporters and shippers of hazardous materials; enforcement.-
253	(2)
254	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
255	operates a commercial motor vehicle solely in intrastate
256	commerce not transporting any hazardous material in amounts that
257	require placarding pursuant to 49 C.F.R. part 172 may not drive:
258	1.  More than 12 hours following 10 consecutive hours off
259	duty; or
260	2.  For any period after the end of the 16th hour after
261	coming on duty following 10 consecutive hours off duty.
262
263	The provisions of This paragraph does do not apply to operators
264	of farm labor vehicles during a state of emergency declared by
265	the Governor or under s. 570.07(21) or to drivers of utility
266	service vehicles as defined in 49 C.F.R. s. 395.2.
267	Section 4.  Subsection (17) of section 331.303, Florida
268	Statutes, is amended to read:
269	331.303  Definitions.-
270	(17)  "Spaceport launch support facilities" means
271	industrial facilities as described in s. 380.0651(3)(c) and
272	includes include any launch pad, launch control center, and
273	fixed launch-support equipment, facilities located at launch
274	sites or launch ranges that are required to support launch
275	activities, including launch vehicle assembly, launch vehicle
276	operations and control, communications, flight safety functions,
277	and payload operations, control, and processing, as defined in
278	chapter 84 of Title 15 of the United States Code, Commercial
279	Space Competitiveness, 15 U.S.C. s. 5802, launch support
280	infrastructure, and transportation infrastructure necessary to
281	support space launch activities.
282	Section 5.  Section 334.03, Florida Statutes, is amended to
283	read:
284	334.03  Definitions.-When used in the Florida
285	Transportation Code, the term:
286	(1)(37)  "511" or "511 services" means three-digit
287	telecommunications dialing to access interactive voice response
288	telephone traveler information services provided in the state as
289	defined by the Federal Communications Commission in FCC Order
290	No. 00-256, July 31, 2000.
291	(1)  "Arterial road" means a route providing service which
292	is relatively continuous and of relatively high traffic volume,
293	long average trip length, high operating speed, and high
294	mobility importance. In addition, every United States numbered
295	highway is an arterial road.
296	(2)(2)  "Bridge" means a structure, including supports,
297	erected over a depression or an obstruction, such as water or a
298	highway or railway, and having a track or passageway for
299	carrying traffic as defined in chapter 316 or other moving
300	loads.
301	(3)  "City street system" means all local roads within a
302	municipality that were under the jurisdiction of that
303	municipality on June 10, 1995; roads constructed by a
304	municipality for that municipality's street system; roads
305	completely within an area annexed by the municipality, unless
306	otherwise provided by mutual consent; and roads transferred to
307	the municipality's jurisdiction after June 10, 1995, by mutual
308	consent with another governmental entity, but not roads so
309	transferred from the municipality's jurisdiction, and all
310	collector roads inside that municipality, which are not in the
311	county road system.
312	(4)  "Collector road" means a route providing service which
313	is of relatively moderate average traffic volume, moderately
314	average trip length, and moderately average operating speed.
315	Such a route also collects and distributes traffic between local
316	roads or arterial roads and serves as a linkage between land
317	access and mobility needs.
318	(4)(5)  "Commissioners" means the governing body of a
319	county.
320	(5)(6)  "Consolidated metropolitan statistical area" means
321	two or more metropolitan statistical areas that are socially and
322	economically interrelated as defined by the United States Bureau
323	of the Census.
324	(6)(7)  "Controlled access facility" means a street or
325	highway to which the right of access is highly regulated by the
326	governmental entity having jurisdiction over the facility in
327	order to maximize the operational efficiency and safety of the
328	high-volume through traffic utilizing the facility. Owners or
329	occupants of abutting lands and other persons have a right of
330	access to or from such facility at such points only and in such
331	manner as may be determined by the governmental entity.
332	(7)(8)  "County road system" means all roads within a
333	county that were under the jurisdiction of that county on June
334	10, 1995; roads constructed by a county for that county's road
335	system; and roads transferred to the county's jurisdiction after
336	June 10, 1995, by mutual consent with another governmental
337	entity, but, except as otherwise provided by mutual consent, not
338	roads transferred from the county's jurisdiction by mutual
339	consent or roads that are completely within an area annexed by a
340	municipality collector roads in the unincorporated areas of a
341	county and all extensions of such collector roads into and
342	through any incorporated areas, all local roads in the
343	unincorporated areas, and all urban minor arterial roads not in
344	the State Highway System.
345	(8)(9)  "Department" means the Department of
346	Transportation.
347	(10)  "Florida Intrastate Highway System" means a system of
348	limited access and controlled access facilities on the State
349	Highway System which have the capacity to provide high-speed and
350	high-volume traffic movements in an efficient and safe manner.
351	(9)(11)  "Functional classification" means the assignment
352	of roads into systems according to the character of service they
353	provide in relation to the total road network using procedures
354	developed by the Federal Highway Administration. Basic
355	functional categories include arterial roads, collector roads,
356	and local roads which may be subdivided into principal, major,
357	or minor levels. Those levels may be additionally divided into
358	rural and urban categories.
359	(10)(12)  "Governmental entity" means a unit of government,
360	or any officially designated public agency or authority of a
361	unit of government, that has the responsibility for planning,
362	construction, operation, or maintenance or jurisdiction over
363	transportation facilities; the term includes the Federal
364	Government, the state government, a county, an incorporated
365	municipality, a metropolitan planning organization, an
366	expressway or transportation authority, a road and bridge
367	district, a special road and bridge district, and a regional
368	governmental unit.
369	(11)(38)  "Interactive voice response" means a software
370	application that accepts a combination of voice telephone input
371	and touch-tone keypad selection and provides appropriate
372	responses in the form of voice, fax, callback, e-mail, and other
373	media.
374	(12)(13)  "Limited access facility" means a street or
375	highway especially designed for through traffic, and over, from,
376	or to which owners or occupants of abutting land or other
377	persons have no right or easement of access, light, air, or view
378	by reason of the fact that their property abuts upon such
379	limited access facility or for any other reason. Such highways
380	or streets may be facilities from which trucks, buses, and other
381	commercial vehicles are excluded; or they may be facilities open
382	to use by all customary forms of street and highway traffic.
383	(13)(14)  "Local governmental entity" means a unit of
384	government with less than statewide jurisdiction, or any
385	officially designated public agency or authority of such a unit
386	of government, that has the responsibility for planning,
387	construction, operation, or maintenance of, or jurisdiction
388	over, a transportation facility; the term includes, but is not
389	limited to, a county, an incorporated municipality, a
390	metropolitan planning organization, an expressway or
391	transportation authority, a road and bridge district, a special
392	road and bridge district, and a regional governmental unit.
393	(15)  "Local road" means a route providing service which is
394	of relatively low average traffic volume, short average trip
395	length or minimal through-traffic movements, and high land
396	access for abutting property.
397	(14)(16)  "Metropolitan area" means a geographic region
398	comprising as a minimum the existing urbanized area and the
399	contiguous area projected to become urbanized within a 20-year
400	forecast period. The boundaries of a metropolitan area may be
401	designated so as to encompass a metropolitan statistical area or
402	a consolidated metropolitan statistical area. If a metropolitan
403	area, or any part thereof, is located within a nonattainment
404	area, the boundaries of the metropolitan area must be designated
405	so as to include the boundaries of the entire nonattainment
406	area, unless otherwise provided by agreement between the
407	applicable metropolitan planning organization and the Governor.
408	(15)(17)  "Metropolitan statistical area" means an area
409	that includes a municipality of 50,000 persons or more, or an
410	urbanized area of at least 50,000 persons as defined by the
411	United States Bureau of the Census, provided that the component
412	county or counties have a total population of at least 100,000.
413	(16)(18)  "Nonattainment area" means an area designated by
414	the United States Environmental Protection Agency, pursuant to
415	federal law, as exceeding national primary or secondary ambient
416	air quality standards for the pollutants carbon monoxide or
417	ozone.
418	(17)(19)  "Periodic maintenance" means activities that are
419	large in scope and require a major work effort to restore
420	deteriorated components of the transportation system to a safe
421	and serviceable condition, including, but not limited to, the
422	repair of large bridge structures, major repairs to bridges and
423	bridge systems, and the mineral sealing of lengthy sections of
424	roadway.
425	(18)(20)  "Person" means any person described in s. 1.01 or
426	any unit of government in or outside the state.
427	(19)(21)  "Right of access" means the right of ingress to a
428	highway from abutting land and egress from a highway to abutting
429	land.
430	(20)(22)  "Right-of-way" means land in which the state, the
431	department, a county, or a municipality owns the fee or has an
432	easement devoted to or required for use as a transportation
433	facility.
434	(21)(23)  "Road" means a way open to travel by the public,
435	including, but not limited to, a street, highway, or alley. The
436	term includes associated sidewalks, the roadbed, the right-of-
437	way, and all culverts, drains, sluices, ditches, water storage
438	areas, waterways, embankments, slopes, retaining walls, bridges,
439	tunnels, and viaducts necessary for the maintenance of travel
440	and all ferries used in connection therewith.
441	(22)(24)  "Routine maintenance" means minor repairs and
442	associated tasks necessary to maintain a safe and efficient
443	transportation system. The term includes: pavement patching;
444	shoulder repair; cleaning and repair of drainage ditches,
445	traffic signs, and structures; mowing; bridge inspection and
446	maintenance; pavement striping; litter cleanup; and other
447	similar activities.
448	(23)(25)  "State Highway System" means the following, which
449	shall be facilities to which access is regulated:
450	(a)  the interstate system and all other roads within the
451	state which were under the jurisdiction of the state on June 10,
452	1995, and roads constructed by an agency of the state for the
453	State Highway System, and roads transferred to the state's
454	jurisdiction after that date by mutual consent with another
455	governmental entity, but not roads so transferred from the
456	state's jurisdiction. Such facilities shall be facilities to
457	which access is regulated.;
458	(b)  All rural arterial routes and their extensions into
459	and through urban areas;
460	(c)  All urban principal arterial routes; and
461	(d)  The urban minor arterial mileage on the existing State
462	Highway System as of July 1, 1987, plus additional mileage to
463	comply with the 2-percent requirement as described below.
464
465	However, not less than 2 percent of the public road mileage of
466	each urbanized area on record as of June 30, 1986, shall be
467	included as minor arterials in the State Highway System.
468	Urbanized areas not meeting the foregoing minimum requirement
469	shall have transferred to the State Highway System additional
470	minor arterials of the highest significance in which case the
471	total minor arterials in the State Highway System from any
472	urbanized area shall not exceed 2.5 percent of that area's total
473	public urban road mileage.
474	(24)(26)  "State Park Road System" means roads embraced
475	within the boundaries of state parks and state roads leading to
476	state parks, other than roads of the State Highway System, the
477	county road systems, or the city street systems.
478	(25)(27)  "State road" means a street, road, highway, or
479	other way open to travel by the public generally and dedicated
480	to the public use according to law or by prescription and
481	designated by the department, as provided by law, as part of the
482	State Highway System.
483	(26)(28)  "Structure" means a bridge, viaduct, tunnel,
484	causeway, approach, ferry slip, culvert, toll plaza, gate, or
485	other similar facility used in connection with a transportation
486	facility.
487	(27)(29)  "Sufficiency rating" means the objective rating
488	of a road or section of a road for the purpose of determining
489	its capability to serve properly the actual or anticipated
490	volume of traffic using the road.
491	(28)(30)  "Transportation corridor" means any land area
492	designated by the state, a county, or a municipality which is
493	between two geographic points and which area is used or suitable
494	for the movement of people and goods by one or more modes of
495	transportation, including areas necessary for management of
496	access and securing applicable approvals and permits.
497	Transportation corridors shall contain, but are not limited to,
498	the following:
499	(a)  Existing publicly owned rights-of-way;
500	(b)  All property or property interests necessary for
501	future transportation facilities, including rights of access,
502	air, view, and light, whether public or private, for the purpose
503	of securing and utilizing future transportation rights-of-way,
504	including, but not limited to, any lands reasonably necessary
505	now or in the future for securing applicable approvals and
506	permits, borrow pits, drainage ditches, water retention areas,
507	rest areas, replacement access for landowners whose access could
508	be impaired due to the construction of a future facility, and
509	replacement rights-of-way for relocation of rail and utility
510	facilities.
511	(29)(31)  "Transportation facility" means any means for the
512	transportation of people or property from place to place which
513	is constructed, operated, or maintained in whole or in part from
514	public funds. The term includes the property or property rights,
515	both real and personal, which have been or may be established by
516	public bodies for the transportation of people or property from
517	place to place.
518	(30)(32)  "Urban area" means a geographic region comprising
519	as a minimum the area inside the United States Bureau of the
520	Census boundary of an urban place with a population of 5,000 or
521	more persons, expanded to include adjacent developed areas as
522	provided for by Federal Highway Administration regulations.
523	(33)  "Urban minor arterial road" means a route that
524	generally interconnects with and augments an urban principal
525	arterial road and provides service to trips of shorter length
526	and a lower level of travel mobility. The term includes all
527	arterials not classified as "principal" and contain facilities
528	that place more emphasis on land access than the higher system.
529	(31)(34)  "Urban place" means a geographic region composed
530	of one or more contiguous census tracts that have been found by
531	the United States Bureau of the Census to contain a population
532	density of at least 1,000 persons per square mile.
533	(35)  "Urban principal arterial road" means a route that
534	generally serves the major centers of activity of an urban area,
535	the highest traffic volume corridors, and the longest trip
536	purpose and carries a high proportion of the total urban area
537	travel on a minimum of mileage. Such roads are integrated, both
538	internally and between major rural connections.
539	(32)(36)  "Urbanized area" means a geographic region
540	comprising as a minimum the area inside an urban place of 50,000
541	or more persons, as designated by the United States Bureau of
542	the Census, expanded to include adjacent developed areas as
543	provided for by Federal Highway Administration regulations.
544	Urban areas with a population of fewer than 50,000 persons which
545	are located within the expanded boundary of an urbanized area
546	are not separately recognized.
547	Section 6.  Subsections (11), (13), (26), and (33) of
548	section 334.044, Florida Statutes, are amended to read:
549	334.044  Department; powers and duties.-The department
550	shall have the following general powers and duties:
551	(11)  To establish a numbering system for public roads, and
552	to functionally classify such roads, and to assign
553	jurisdictional responsibility.
554	(13)  To designate existing and to plan proposed
555	transportation facilities as part of the State Highway System,
556	and to construct, maintain, and operate such facilities.
557	(26)  To provide for the enhancement of environmental
558	benefits, including air and water quality; to prevent roadside
559	erosion; to conserve the natural roadside growth and scenery;
560	and to provide for the implementation and maintenance of
561	roadside conservation, enhancement, and stabilization programs.
562	No more less than 1.5 percent of the amount contracted for
563	construction projects that add capacity to the existing system
564	shall be allocated by the department for the purchase of plant
565	materials., with, To the greatest extent practical, a minimum of
566	50 percent of these funds shall be allocated for large plant
567	materials and the remaining funds for other plant materials. All
568	such plant materials shall be purchased from Florida commercial
569	nursery stock in this state on a uniform competitive bid basis.
570	The department will develop grades and standards for landscaping
571	materials purchased through this process. To accomplish these
572	activities, the department may contract with nonprofit
573	organizations having the primary purpose of developing youth
574	employment opportunities.
575	(33)  To enter into agreement with Space Florida to
576	coordinate and cooperate in the development of spaceport
577	infrastructure as defined in s. 331.303(10) and (17) and related
578	transportation facilities contained in the Strategic Intermodal
579	System Plan and, where appropriate, encourage the cooperation
580	and integration of airports and spaceports in order to meet
581	transportation-related needs.
582	Section 7.  Section 334.047, Florida Statutes, is amended
583	to read:
584	334.047  Prohibition.-Notwithstanding any other provision
585	of law to the contrary, the Department of Transportation may not
586	establish a cap on the number of miles in the State Highway
587	System or a maximum number of miles of urban principal arterial
588	roads, as defined in s. 334.03, within a district or county.
589	Section 8.  Subsection (5) of section 336.021, Florida
590	Statutes, is amended to read:
591	336.021  County transportation system; levy of ninth-cent
592	fuel tax on motor fuel and diesel fuel.-
593	(5)  All impositions of the tax shall be levied before
594	October 1 July 1 of each year to be effective January 1 of the
595	following year. However, levies of the tax which were in effect
596	on July 1, 2002, and which expire on August 31 of any year may
597	be reimposed at the current authorized rate to be effective
598	September 1 of the year of expiration. All impositions shall be
599	required to end on December 31 of a year. A decision to rescind
600	the tax shall not take effect on any date other than December 31
601	and shall require a minimum of 60 days' notice to the department
602	of such decision.
603	Section 9.  Paragraphs (a) and (b) of subsection (1),
604	paragraph (a) of subsection (5), and paragraphs (d) and (e) of
605	subsection (7) of section 336.025, Florida Statutes, are amended
606	to read:
607	336.025  County transportation system; levy of local option
608	fuel tax on motor fuel and diesel fuel.-
609	(1)(a)  In addition to other taxes allowed by law, there
610	may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
611	1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
612	fuel tax upon every gallon of motor fuel and diesel fuel sold in
613	a county and taxed under the provisions of part I or part II of
614	chapter 206.
615	1.  All impositions and rate changes of the tax shall be
616	levied before October 1 July 1 to be effective January 1 of the
617	following year for a period not to exceed 30 years, and the
618	applicable method of distribution shall be established pursuant
619	to subsection (3) or subsection (4). However, levies of the tax
620	which were in effect on July 1, 2002, and which expire on August
621	31 of any year may be reimposed at the current authorized rate
622	effective September 1 of the year of expiration. Upon
623	expiration, the tax may be relevied provided that a
624	redetermination of the method of distribution is made as
625	provided in this section.
626	2.  County and municipal governments shall utilize moneys
627	received pursuant to this paragraph only for transportation
628	expenditures.
629	3.  Any tax levied pursuant to this paragraph may be
630	extended on a majority vote of the governing body of the county.
631	A redetermination of the method of distribution shall be
632	established pursuant to subsection (3) or subsection (4), if,
633	after July 1, 1986, the tax is extended or the tax rate changed,
634	for the period of extension or for the additional tax.
635	(b)  In addition to other taxes allowed by law, there may
636	be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
637	cent, 4-cent, or 5-cent local option fuel tax upon every gallon
638	of motor fuel sold in a county and taxed under the provisions of
639	part I of chapter 206. The tax shall be levied by an ordinance
640	adopted by a majority plus one vote of the membership of the
641	governing body of the county or by referendum.
642	1.  All impositions and rate changes of the tax shall be
643	levied before October 1 July 1, to be effective January 1 of the
644	following year. However, levies of the tax which were in effect
645	on July 1, 2002, and which expire on August 31 of any year may
646	be reimposed at the current authorized rate effective September
647	1 of the year of expiration.
648	2.  The county may, prior to levy of the tax, establish by
649	interlocal agreement with one or more municipalities located
650	therein, representing a majority of the population of the
651	incorporated area within the county, a distribution formula for
652	dividing the entire proceeds of the tax among county government
653	and all eligible municipalities within the county. If no
654	interlocal agreement is adopted before the effective date of the
655	tax, tax revenues shall be distributed pursuant to the
656	provisions of subsection (4). If no interlocal agreement exists,
657	a new interlocal agreement may be established prior to June 1 of
658	any year pursuant to this subparagraph. However, any interlocal
659	agreement agreed to under this subparagraph after the initial
660	levy of the tax or change in the tax rate authorized in this
661	section shall under no circumstances materially or adversely
662	affect the rights of holders of outstanding bonds which are
663	backed by taxes authorized by this paragraph, and the amounts
664	distributed to the county government and each municipality shall
665	not be reduced below the amount necessary for the payment of
666	principal and interest and reserves for principal and interest
667	as required under the covenants of any bond resolution
668	outstanding on the date of establishment of the new interlocal
669	agreement.
670	3.  County and municipal governments shall use moneys
671	received pursuant to this paragraph for transportation
672	expenditures needed to meet the requirements of the capital
673	improvements element of an adopted comprehensive plan or for
674	expenditures needed to meet immediate local transportation
675	problems and for other transportation-related expenditures that
676	are critical for building comprehensive roadway networks by
677	local governments. For purposes of this paragraph, expenditures
678	for the construction of new roads, the reconstruction or
679	resurfacing of existing paved roads, or the paving of existing
680	graded roads shall be deemed to increase capacity and such
681	projects shall be included in the capital improvements element
682	of an adopted comprehensive plan. Expenditures for purposes of
683	this paragraph shall not include routine maintenance of roads.
684	(5)(a)  By October 1 July 1 of each year, the county shall
685	notify the Department of Revenue of the rate of the taxes levied
686	pursuant to paragraphs (1)(a) and (b), and of its decision to
687	rescind or change the rate of a tax, if applicable, and shall
688	provide the department with a certified copy of the interlocal
689	agreement established under subparagraph (1)(b)2. or
690	subparagraph (3)(a)1. with distribution proportions established
691	by such agreement or pursuant to subsection (4), if applicable.
692	A decision to rescind a tax shall not take effect on any date
693	other than December 31 and shall require a minimum of 60 days'
694	notice to the Department of Revenue of such decision.
695	(7)  For the purposes of this section, "transportation
696	expenditures" means expenditures by the local government from
697	local or state shared revenue sources, excluding expenditures of
698	bond proceeds, for the following programs:
699	(d)  Street lighting installation, operation, maintenance,
700	and repair.
701	(e)  Traffic signs;, traffic engineering;, signalization
702	installation, operation, maintenance, and repair; and pavement
703	markings.
704	Section 10.  Subsection (4) of section 337.111, Florida
705	Statutes, is amended to read:
706	337.111  Contracting for monuments and memorials to
707	military veterans at rest areas.-The Department of
708	Transportation is authorized to enter into contract with any
709	not-for-profit group or organization that has been operating for
710	not less than 2 years for the installation of monuments and
711	memorials honoring Florida's military veterans at highway rest
712	areas around the state pursuant to the provisions of this
713	section.
714	(4)  The group or organization making the proposal shall
715	provide a 10-year bond, an annual renewable bond, an irrevocable
716	letter of credit, or other form of security as approved by the
717	department's comptroller, for the purpose of securing the cost
718	of removal of the monument and any modifications made to the
719	site as part of the placement of the monument should the
720	Department of Transportation determine it necessary to remove or
721	relocate the monument. Such removal or relocation shall be
722	approved by the committee described in subsection (1). Prior to
723	expiration, the bond shall be renewed for another 10-year period
724	if the memorial is to remain in place.
725	Section 11.  Section 337.403, Florida Statutes, is amended
726	to read:
727	337.403  Interference caused by Relocation of utility;
728	expenses.-
729	(1)  When a Any utility heretofore or hereafter placed
730	upon, under, over, or along any public road or publicly owned
731	rail corridor that is found by the authority to be unreasonably
732	interfering in any way with the convenient, safe, or continuous
733	use, or the maintenance, improvement, extension, or expansion,
734	of such public road or publicly owned rail corridor, the utility
735	owner shall, upon 30 days' written notice to the utility or its
736	agent by the authority, initiate the work necessary to alleviate
737	the interference be removed or relocated by such utility at its
738	own expense except as provided in paragraphs (a)-(f). The work
739	shall be completed within such reasonable time as stated in the
740	notice or such time as agreed to by the authority and the
741	utility owner.
742	(a)  If the relocation of utility facilities, as referred
743	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
744	627 of the 84th Congress, is necessitated by the construction of
745	a project on the federal-aid interstate system, including
746	extensions thereof within urban areas, and the cost of the
747	project is eligible and approved for reimbursement by the
748	Federal Government to the extent of 90 percent or more under the
749	Federal Aid Highway Act, or any amendment thereof, then in that
750	event the utility owning or operating such facilities shall
751	perform any necessary work relocate the facilities upon notice
752	from order of the department, and the state shall pay the entire
753	expense properly attributable to such work relocation after
754	deducting therefrom any increase in the value of any the new
755	facility and any salvage value derived from any the old
756	facility.
757	(b)  When a joint agreement between the department and the
758	utility is executed for utility improvement, relocation, or
759	removal work to be accomplished as part of a contract for
760	construction of a transportation facility, the department may
761	participate in those utility work improvement, relocation, or
762	removal costs that exceed the department's official estimate of
763	the cost of the work by more than 10 percent. The amount of such
764	participation shall be limited to the difference between the
765	official estimate of all the work in the joint agreement plus 10
766	percent and the amount awarded for this work in the construction
767	contract for such work. The department may not participate in
768	any utility work improvement, relocation, or removal costs that
769	occur as a result of changes or additions during the course of
770	the contract.
771	(c)  When an agreement between the department and utility
772	is executed for utility improvement, relocation, or removal work
773	to be accomplished in advance of a contract for construction of
774	a transportation facility, the department may participate in the
775	cost of clearing and grubbing necessary to perform such work.
776	(d)  If the utility facility involved being removed or
777	relocated was initially installed to exclusively serve the
778	department, its tenants, or both, the department shall bear the
779	costs of the utility work removing or relocating that utility
780	facility. However, the department is not responsible for bearing
781	the cost of utility work related to removing or relocating any
782	subsequent additions to that facility for the purpose of serving
783	others.
784	(e)  If, under an agreement between a utility and the
785	authority entered into after July 1, 2009, the utility conveys,
786	subordinates, or relinquishes a compensable property right to
787	the authority for the purpose of accommodating the acquisition
788	or use of the right-of-way by the authority, without the
789	agreement expressly addressing future responsibility for the
790	cost of necessary utility work removing or relocating the
791	utility, the authority shall bear the cost of removal or
792	relocation. This paragraph does not impair or restrict, and may
793	not be used to interpret, the terms of any such agreement
794	entered into before July 1, 2009.
795	(f)  If the utility is an electric facility being relocated
796	underground in order to enhance vehicular, bicycle, and
797	pedestrian safety and in which ownership of the electric
798	facility to be placed underground has been transferred from a
799	private to a public utility within the past 5 years, the
800	department shall incur all costs of the necessary utility work
801	relocation.
802	(2)  If such utility work removal or relocation is
803	incidental to work to be done on such road or publicly owned
804	rail corridor, the notice shall be given at the same time the
805	contract for the work is advertised for bids, or no less than 30
806	days prior to the commencement of such work by the authority,
807	whichever is greater.
808	(3)  Whenever the notice from an order of the authority
809	requires such utility work removal or change in the location of
810	any utility from the right-of-way of a public road or publicly
811	owned rail corridor, and the owner thereof fails perform the
812	work to remove or change the same at his or her own expense to
813	conform to the order within the time stated in the notice or
814	such other time as agreed to by the authority and the utility
815	owner, the authority shall proceed to cause the utility work to
816	be performed to be removed. The expense thereby incurred shall
817	be paid out of any money available therefor, and such expense
818	shall, except as provided in subsection (1), be charged against
819	the owner and levied and collected and paid into the fund from
820	which the expense of such relocation was paid.
821	Section 12.  Subsection (1) of section 337.404, Florida
822	Statutes, is amended to read:
823	337.404  Removal or relocation of utility facilities;
824	notice and order; court review.-
825	(1)  Whenever it shall become necessary for the authority
826	to perform utility work remove or relocate any utility as
827	provided in s. 337.403 the preceding section, the owner of the
828	utility, or the owner's chief agent, shall be given notice that
829	the authority will perform of such work removal or relocation
830	and, after the work is complete, shall be given an order
831	requiring the payment of the cost thereof, and a shall be given
832	reasonable time, which shall not be less than 20 nor more than
833	30 days, in which to appear before the authority to contest the
834	reasonableness of the order. Should the owner or the owner's
835	representative not appear, the determination of the cost to the
836	owner shall be final. Authorities considered agencies for the
837	purposes of chapter 120 shall adjudicate removal or relocation
838	of utilities pursuant to chapter 120.
839	Section 13.  Subsections (1) and (4) of section 337.408,
840	Florida Statutes, are amended to read:
841	337.408  Regulation of bus stops, benches, transit
842	shelters, street light poles, waste disposal receptacles, and
843	modular news racks within rights-of-way.-
844	(1)  Benches or transit shelters, including advertising
845	displayed on benches or transit shelters, may be installed
846	within the right-of-way limits of any municipal, county, or
847	state road, except a limited access highway, provided that such
848	benches or transit shelters are for the comfort or convenience
849	of the general public or are at designated stops on official bus
850	routes and provided that written authorization has been given to
851	a qualified private supplier of such service by the municipal
852	government within whose incorporated limits such benches or
853	transit shelters are installed or by the county government
854	within whose unincorporated limits such benches or transit
855	shelters are installed. A municipality or county may authorize
856	the installation, without public bid, of benches and transit
857	shelters together with advertising displayed thereon within the
858	right-of-way limits of such roads. All installations shall be in
859	compliance with all applicable laws and rules, including,
860	without limitation, the Americans with Disabilities Act.
861	Municipalities or counties shall indemnify, defend, and hold
862	harmless the department from any suits, actions, proceedings,
863	claims, losses, costs, charges, expenses, damages, liabilities,
864	attorney fees, and court costs relating to the installation,
865	removal, or relocation of such installations. Any contract for
866	the installation of benches or transit shelters or advertising
867	on benches or transit shelters which was entered into before
868	April 8, 1992, without public bidding is ratified and affirmed.
869	Such benches or transit shelters may not interfere with right-
870	of-way preservation and maintenance. Any bench or transit
871	shelter located on a sidewalk within the right-of-way limits of
872	any road on the State Highway System or the county road system
873	shall be located so as to leave at least 36 inches of clearance
874	for pedestrians and persons in wheelchairs. Such clearance shall
875	be measured in a direction perpendicular to the centerline of
876	the road.
877	(4)  The department has the authority to direct the
878	immediate relocation or removal of any bus stop, bench, transit
879	shelter, waste disposal receptacle, public pay telephone, or
880	modular news rack that endangers life or property, or that is
881	otherwise not in compliance with applicable laws and rules,
882	except that transit bus benches that were placed in service
883	before April 1, 1992, are not required to comply with bench size
884	and advertising display size requirements established by the
885	department before March 1, 1992. If a municipality or county
886	fails to comply with the department's direction, the department
887	shall remove the noncompliant installation, charge the cost of
888	the removal to the municipality or county, and may deduct or
889	offset such cost from any other funding available to the
890	municipality or county from the department. Any transit bus
891	bench that was in service before April 1, 1992, may be replaced
892	with a bus bench of the same size or smaller, if the bench is
893	damaged or destroyed or otherwise becomes unusable. The
894	department may adopt rules relating to the regulation of bench
895	size and advertising display size requirements. If a
896	municipality or county within which a bench is to be located has
897	adopted an ordinance or other applicable regulation that
898	establishes bench size or advertising display sign requirements
899	different from requirements specified in department rule, the
900	local government requirement applies within the respective
901	municipality or county. Placement of any bench or advertising
902	display on the National Highway System under a local ordinance
903	or regulation adopted under this subsection is subject to
904	approval of the Federal Highway Administration.
905	Section 14.  Chapter 338, Florida Statutes, is retitled
906	"LIMITED ACCESS AND TOLL FACILITIES."
907	Section 15.  Section 338.001, Florida Statutes, is
908	repealed.
909	Section 16.  Subsections (1) through (6) of section 338.01,
910	Florida Statutes, are renumbered as subsections (2) through (7),
911	respectively, and a new subsection (1) is added to that section
912	to read:
913	338.01  Authority to establish and regulate limited access
914	facilities.-
915	(1)  The department is authorized to establish limited
916	access facilities as provided in s. 335.02. The primary function
917	of such limited access facilities is to allow high-speed and
918	high-volume traffic movements within the state. Access to
919	abutting land is subordinate to this function, and such access
920	must be prohibited or highly regulated.
921	Section 17.  Section 339.155, Florida Statutes, is amended
922	to read:
923	339.155  Transportation planning.-
924	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
925	develop and annually update a statewide transportation plan, to
926	be known as the Florida Transportation Plan. The plan shall be
927	designed so as to be easily read and understood by the general
928	public. The purpose of the Florida Transportation Plan is to
929	establish and define the state's long-range transportation goals
930	and objectives to be accomplished over a period of at least 20
931	years within the context of the State Comprehensive Plan, and
932	any other statutory mandates and authorizations and based upon
933	the prevailing principles of: preserving the existing
934	transportation infrastructure; enhancing Florida's economic
935	competitiveness; and improving travel choices to ensure
936	mobility. The Florida Transportation Plan shall consider the
937	needs of the entire state transportation system and examine the
938	use of all modes of transportation to effectively and
939	efficiently meet such needs.
940	(2)  SCOPE OF PLANNING PROCESS.-The department shall carry
941	out a transportation planning process in conformance with s.
942	334.046(1) and 23 U.S.C. s. 135. which provides for
943	consideration of projects and strategies that will:
944	(a)  Support the economic vitality of the United States,
945	Florida, and the metropolitan areas, especially by enabling
946	global competitiveness, productivity, and efficiency;
947	(b)  Increase the safety and security of the transportation
948	system for motorized and nonmotorized users;
949	(c)  Increase the accessibility and mobility options
950	available to people and for freight;
951	(d)  Protect and enhance the environment, promote energy
952	conservation, and improve quality of life;
953	(e)  Enhance the integration and connectivity of the
954	transportation system, across and between modes throughout
955	Florida, for people and freight;
956	(f)  Promote efficient system management and operation; and
957	(g)  Emphasize the preservation of the existing
958	transportation system.
959	(3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
960	Transportation Plan shall be a unified, concise planning
961	document that clearly defines the state's long-range
962	transportation goals and objectives and documents the
963	department's short-range objectives developed to further such
964	goals and objectives. The plan shall:
965	(a)  Include a glossary that clearly and succinctly defines
966	any and all phrases, words, or terms of art included in the
967	plan, with which the general public may be unfamiliar. and shall
968	consist of, at a minimum, the following components:
969	(b)(a)  Document A long-range component documenting the
970	goals and long-term objectives necessary to implement the
971	results of the department consistent with department's findings
972	from its examination of the criteria listed in subsection (2)
973	and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
974	must
975	(c)  Be developed in cooperation with the metropolitan
976	planning organizations and reconciled, to the maximum extent
977	feasible, with the long-range plans developed by metropolitan
978	planning organizations pursuant to s. 339.175. The plan must
979	also
980	(d)  Be developed in consultation with affected local
981	officials in nonmetropolitan areas and with any affected Indian
982	tribal governments. The plan must
983	(e)  Provide an examination of transportation issues likely
984	to arise during at least a 20-year period. The long-range
985	component shall
986	(f)  Be updated at least once every 5 years, or more often
987	as necessary, to reflect substantive changes to federal or state
988	law.
989	(b)  A short-range component documenting the short-term
990	objectives and strategies necessary to implement the goals and
991	long-term objectives contained in the long-range component. The
992	short-range component must define the relationship between the
993	long-range goals and the short-range objectives, specify those
994	objectives against which the department's achievement of such
995	goals will be measured, and identify transportation strategies
996	necessary to efficiently achieve the goals and objectives in the
997	plan. It must provide a policy framework within which the
998	department's legislative budget request, the strategic
999	information resource management plan, and the work program are
1000	developed. The short-range component shall serve as the
1001	department's annual agency strategic plan pursuant to s.
1002	186.021. The short-range component shall be developed consistent
1003	with available and forecasted state and federal funds. The
1004	short-range component shall also be submitted to the Florida
1005	Transportation Commission.
1006	(4)  ANNUAL PERFORMANCE REPORT.-The department shall
1007	develop an annual performance report evaluating the operation of
1008	the department for the preceding fiscal year. The report shall
1009	also include a summary of the financial operations of the
1010	department and shall annually evaluate how well the adopted work
1011	program meets the short-term objectives contained in the short-
1012	range component of the Florida Transportation Plan. This
1013	performance report shall be submitted to the Florida
1014	Transportation Commission and the legislative appropriations and
1015	transportation committees.
1016	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.-
1017	(a)  Upon request by local governmental entities, the
1018	department may in its discretion develop and design
1019	transportation corridors, arterial and collector streets,
1020	vehicular parking areas, and other support facilities which are
1021	consistent with the plans of the department for major
1022	transportation facilities. The department may render to local
1023	governmental entities or their planning agencies such technical
1024	assistance and services as are necessary so that local plans and
1025	facilities are coordinated with the plans and facilities of the
1026	department.
1027	(b)  Each regional planning council, as provided for in s.
1028	186.504, or any successor agency thereto, shall develop, as an
1029	element of its strategic regional policy plan, transportation
1030	goals and policies. The transportation goals and policies must
1031	be prioritized to comply with the prevailing principles provided
1032	in subsection (2) and s. 334.046(1). The transportation goals
1033	and policies shall be consistent, to the maximum extent
1034	feasible, with the goals and policies of the metropolitan
1035	planning organization and the Florida Transportation Plan. The
1036	transportation goals and policies of the regional planning
1037	council will be advisory only and shall be submitted to the
1038	department and any affected metropolitan planning organization
1039	for their consideration and comments. Metropolitan planning
1040	organization plans and other local transportation plans shall be
1041	developed consistent, to the maximum extent feasible, with the
1042	regional transportation goals and policies. The regional
1043	planning council shall review urbanized area transportation
1044	plans and any other planning products stipulated in s. 339.175
1045	and provide the department and respective metropolitan planning
1046	organizations with written recommendations which the department
1047	and the metropolitan planning organizations shall take under
1048	advisement. Further, the regional planning councils shall
1049	directly assist local governments which are not part of a
1050	metropolitan area transportation planning process in the
1051	development of the transportation element of their comprehensive
1052	plans as required by s. 163.3177.
1053	(c)  Regional transportation plans may be developed in
1054	regional transportation areas in accordance with an interlocal
1055	agreement entered into pursuant to s. 163.01 by two or more
1056	contiguous metropolitan planning organizations; one or more
1057	metropolitan planning organizations and one or more contiguous
1058	counties, none of which is a member of a metropolitan planning
1059	organization; a multicounty regional transportation authority
1060	created by or pursuant to law; two or more contiguous counties
1061	that are not members of a metropolitan planning organization; or
1062	metropolitan planning organizations comprised of three or more
1063	counties.
1064	(d)  The interlocal agreement must, at a minimum, identify
1065	the entity that will coordinate the development of the regional
1066	transportation plan; delineate the boundaries of the regional
1067	transportation area; provide the duration of the agreement and
1068	specify how the agreement may be terminated, modified, or
1069	rescinded; describe the process by which the regional
1070	transportation plan will be developed; and provide how members
1071	of the entity will resolve disagreements regarding
1072	interpretation of the interlocal agreement or disputes relating
1073	to the development or content of the regional transportation
1074	plan. Such interlocal agreement shall become effective upon its
1075	recordation in the official public records of each county in the
1076	regional transportation area.
1077	(e)  The regional transportation plan developed pursuant to
1078	this section must, at a minimum, identify regionally significant
1079	transportation facilities located within a regional
1080	transportation area and contain a prioritized list of regionally
1081	significant projects. The level-of-service standards for
1082	facilities to be funded under this subsection shall be adopted
1083	by the appropriate local government in accordance with s.
1084	163.3180(10). The projects shall be adopted into the capital
1085	improvements schedule of the local government comprehensive plan
1086	pursuant to s. 163.3177(3).
1087	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1088	TRANSPORTATION PLANNING.-
1089	(a)  During the development of the long-range component of
1090	the Florida Transportation Plan and prior to substantive
1091	revisions, the department shall provide citizens, affected
1092	public agencies, representatives of transportation agency
1093	employees, other affected employee representatives, private
1094	providers of transportation, and other known interested parties
1095	with an opportunity to comment on the proposed plan or
1096	revisions. These opportunities shall include, at a minimum,
1097	publishing a notice in the Florida Administrative Weekly and
1098	within a newspaper of general circulation within the area of
1099	each department district office.
1100	(b)  During development of major transportation
1101	improvements, such as those increasing the capacity of a
1102	facility through the addition of new lanes or providing new
1103	access to a limited or controlled access facility or
1104	construction of a facility in a new location, the department
1105	shall hold one or more hearings prior to the selection of the
1106	facility to be provided; prior to the selection of the site or
1107	corridor of the proposed facility; and prior to the selection of
1108	and commitment to a specific design proposal for the proposed
1109	facility. Such public hearings shall be conducted so as to
1110	provide an opportunity for effective participation by interested
1111	persons in the process of transportation planning and site and
1112	route selection and in the specific location and design of
1113	transportation facilities. The various factors involved in the
1114	decision or decisions and any alternative proposals shall be
1115	clearly presented so that the persons attending the hearing may
1116	present their views relating to the decision or decisions which
1117	will be made.
1118	(c)  Opportunity for design hearings:
1119	1.  The department, prior to holding a design hearing,
1120	shall duly notify all affected property owners of record, as
1121	recorded in the property appraiser's office, by mail at least 20
1122	days prior to the date set for the hearing. The affected
1123	property owners shall be:
1124	a.  Those whose property lies in whole or in part within
1125	300 feet on either side of the centerline of the proposed
1126	facility.
1127	b.  Those whom the department determines will be
1128	substantially affected environmentally, economically, socially,
1129	or safetywise.
1130	2.  For each subsequent hearing, the department shall
1131	publish notice prior to the hearing date in a newspaper of
1132	general circulation for the area affected. These notices must be
1133	published twice, with the first notice appearing at least 15
1134	days, but no later than 30 days, before the hearing.
1135	3.  A copy of the notice of opportunity for the hearing
1136	must be furnished to the United States Department of
1137	Transportation and to the appropriate departments of the state
1138	government at the time of publication.
1139	4.  The opportunity for another hearing shall be afforded
1140	in any case when proposed locations or designs are so changed
1141	from those presented in the notices specified above or at a
1142	hearing as to have a substantially different social, economic,
1143	or environmental effect.
1144	5.  The opportunity for a hearing shall be afforded in each
1145	case in which the department is in doubt as to whether a hearing
1146	is required.
1147	Section 18.  Paragraph (a) of subsection (4) of section
1148	339.175, Florida Statutes, is amended to read:
1149	339.175  Metropolitan planning organization.-
1150	(4)  APPORTIONMENT.-
1151	(a)  The Governor shall, with the agreement of the affected
1152	units of general-purpose local government as required by federal
1153	rules and regulations, apportion the membership on the
1154	applicable M.P.O. among the various governmental entities within
1155	the area. At the request of a majority of the affected units of
1156	general-purpose local government comprising an M.P.O., the
1157	Governor and a majority of units of general-purpose local
1158	government serving on an M.P.O. shall cooperatively agree upon
1159	and prescribe who may serve as an alternate member and a method
1160	for appointing alternate members who may vote at any M.P.O.
1161	meeting that an alternate member attends in place of a regular
1162	member. The method shall be set forth as a part of the
1163	interlocal agreement describing the M.P.O.'s membership or in
1164	the M.P.O.'s operating procedures and bylaws. The governmental
1165	entity so designated shall appoint the appropriate number of
1166	members to the M.P.O. from eligible officials. Representatives
1167	of the department shall serve as nonvoting advisers to members
1168	of the M.P.O. governing board. Additional nonvoting advisers may
1169	be appointed by the M.P.O. as deemed necessary; however, to the
1170	maximum extent feasible, each M.P.O. shall seek to appoint
1171	nonvoting representatives of various multimodal forms of
1172	transportation not otherwise represented by voting members of
1173	the M.P.O. An M.P.O. shall appoint nonvoting advisers
1174	representing major military installations located within the
1175	jurisdictional boundaries of the M.P.O. upon the request of the
1176	aforesaid major military installations and subject to the
1177	agreement of the M.P.O. All nonvoting advisers may attend and
1178	participate fully in governing board meetings but shall not have
1179	a vote and shall not be members of the governing board. The
1180	Governor shall review the composition of the M.P.O. membership
1181	in conjunction with the decennial census as prepared by the
1182	United States Department of Commerce, Bureau of the Census, and
1183	reapportion it as necessary to comply with subsection (3).
1184	Section 19.  Subsection (2) of section 339.63, Florida
1185	Statutes, is amended to read:
1186	339.63  System facilities designated; additions and
1187	deletions.-
1188	(2)  The Strategic Intermodal System and the Emerging
1189	Strategic Intermodal System include four three different types
1190	of facilities that each form one component of an interconnected
1191	transportation system which types include:
1192	(a)  Existing or planned hubs that are ports and terminals
1193	including airports, seaports, spaceports, passenger terminals,
1194	and rail terminals serving to move goods or people between
1195	Florida regions or between Florida and other markets in the
1196	United States and the rest of the world.;
1197	(b)  Existing or planned corridors that are highways, rail
1198	lines, waterways, and other exclusive-use facilities connecting
1199	major markets within Florida or between Florida and other states
1200	or nations.; and
1201	(c)  Existing or planned intermodal connectors that are
1202	highways, rail lines, waterways or local public transit systems
1203	serving as connectors between the components listed in
1204	paragraphs (a) and (b).
1205	(d)  Existing or planned military access facilities that
1206	are highways or rail lines linking Strategic Intermodal System
1207	corridors to the state's strategic military installations.
1208	Section 20.  Section 339.64, Florida Statutes, is amended
1209	to read:
1210	339.64  Strategic Intermodal System Plan.-
1211	(1)  The department shall develop, in cooperation with
1212	metropolitan planning organizations, regional planning councils,
1213	local governments, the Statewide Intermodal Transportation
1214	Advisory Council and other transportation providers, a Strategic
1215	Intermodal System Plan. The plan shall be consistent with the
1216	Florida Transportation Plan developed pursuant to s. 339.155 and
1217	shall be updated at least once every 5 years, subsequent to
1218	updates of the Florida Transportation Plan.
1219	(2)  In association with the continued development of the
1220	Strategic Intermodal System Plan, the Florida Transportation
1221	Commission, as part of its work program review process, shall
1222	conduct an annual assessment of the progress that the department
1223	and its transportation partners have made in realizing the goals
1224	of economic development, improved mobility, and increased
1225	intermodal connectivity of the Strategic Intermodal System. The
1226	Florida Transportation Commission shall coordinate with the
1227	department, the Statewide Intermodal Transportation Advisory
1228	Council, and other appropriate entities when developing this
1229	assessment. The Florida Transportation Commission shall deliver
1230	a report to the Governor and Legislature no later than 14 days
1231	after the regular session begins, with recommendations as
1232	necessary to fully implement the Strategic Intermodal System.
1233	(3)(a)  During the development of updates to the Strategic
1234	Intermodal System Plan, the department shall provide
1235	metropolitan planning organizations, regional planning councils,
1236	local governments, transportation providers, affected public
1237	agencies, and citizens with an opportunity to participate in and
1238	comment on the development of the update.
1239	(b)  The department also shall coordinate with federal,
1240	regional, and local partners the planning for the Strategic
1241	Highway Network and the Strategic Rail Corridor Network
1242	transportation facilities that either are included in the
1243	Strategic Intermodal System or that provide a direct connection
1244	between military installations and the Strategic Intermodal
1245	System. In addition, the department shall coordinate with
1246	regional and local partners to determine whether the road and
1247	other transportation infrastructure that connect military
1248	installations to the Strategic Intermodal System, the Strategic
1249	Highway Network, or the Strategic Rail Corridor is regionally
1250	significant and should be included in the Strategic Intermodal
1251	System Plan.
1252	(4)  The Strategic Intermodal System Plan shall include the
1253	following:
1254	(a)  A needs assessment.
1255	(b)  A project prioritization process.
1256	(c)  A map of facilities designated as Strategic Intermodal
1257	System facilities; facilities that are emerging in importance
1258	and that are likely to become part of the system in the future;
1259	and planned facilities that will meet the established criteria.
1260	(d)  A finance plan based on reasonable projections of
1261	anticipated revenues, including both 10-year and at least 20-
1262	year cost-feasible components.
1263	(e)  An assessment of the impacts of proposed improvements
1264	to Strategic Intermodal System corridors on military
1265	installations that are either located directly on the Strategic
1266	Intermodal System or located on the Strategic Highway Network or
1267	Strategic Rail Corridor Network.
1268	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.-
1269	(a)  The Statewide Intermodal Transportation Advisory
1270	Council is created to advise and make recommendations to the
1271	Legislature and the department on policies, planning, and
1272	funding of intermodal transportation projects. The council's
1273	responsibilities shall include:
1274	1.  Advising the department on the policies, planning, and
1275	implementation of strategies related to intermodal
1276	transportation.
1277	2.  Providing advice and recommendations to the Legislature
1278	on funding for projects to move goods and people in the most
1279	efficient and effective manner for the State of Florida.
1280	(b)  MEMBERSHIP.-Members of the Statewide Intermodal
1281	Transportation Advisory Council shall consist of the following:
1282	1.  Six intermodal industry representatives selected by the
1283	Governor as follows:
1284	a.  One representative from an airport involved in the
1285	movement of freight and people from their airport facility to
1286	another transportation mode.
1287	b.  One individual representing a fixed-route, local-
1288	government transit system.
1289	c.  One representative from an intercity bus company
1290	providing regularly scheduled bus travel as determined by
1291	federal regulations.
1292	d.  One representative from a spaceport.
1293	e.  One representative from intermodal trucking companies.
1294	f.  One representative having command responsibilities of a
1295	major military installation.
1296	2.  Three intermodal industry representatives selected by
1297	the President of the Senate as follows:
1298	a.  One representative from major-line railroads.
1299	b.  One representative from seaports listed in s. 311.09(1)
1300	from the Atlantic Coast.
1301	c.  One representative from an airport involved in the
1302	movement of freight and people from their airport facility to
1303	another transportation mode.
1304	3.  Three intermodal industry representatives selected by
1305	the Speaker of the House of Representatives as follows:
1306	a.  One representative from short-line railroads.
1307	b.  One representative from seaports listed in s. 311.09(1)
1308	from the Gulf Coast.
1309	c.  One representative from intermodal trucking companies.
1310	In no event may this representative be employed by the same
1311	company that employs the intermodal trucking company
1312	representative selected by the Governor.
1313	(c)  Initial appointments to the council must be made no
1314	later than 30 days after the effective date of this section.
1315	1.  The initial appointments made by the President of the
1316	Senate and the Speaker of the House of Representatives shall
1317	serve terms concurrent with those of the respective appointing
1318	officer. Beginning January 15, 2005, and for all subsequent
1319	appointments, council members appointed by the President of the
1320	Senate and the Speaker of the House of Representatives shall
1321	serve 2-year terms, concurrent with the term of the respective
1322	appointing officer.
1323	2.  The initial appointees, and all subsequent appointees,
1324	made by the Governor shall serve 2-year terms.
1325	3.  Vacancies on the council shall be filled in the same
1326	manner as the initial appointments.
1327	(d)  Each member of the council shall be allowed one vote.
1328	The council shall select a chair from among its membership.
1329	Meetings shall be held at the call of the chair, but not less
1330	frequently than quarterly. The members of the council shall be
1331	reimbursed for per diem and travel expenses as provided in s.
1332	112.061.
1333	(e)  The department shall provide administrative staff
1334	support and shall ensure that council meetings are
1335	electronically recorded. Such recordings and all documents
1336	received, prepared for, or used by the council in conducting its
1337	business shall be preserved pursuant to chapters 119 and 257.
1338	Section 21.  Section 339.65, Florida Statutes, is created
1339	to read:
1340	339.65  Strategic Intermodal System highway corridors.-
1341	(1)  The department shall plan and develop Strategic
1342	Intermodal System highway corridors, including limited and
1343	controlled access facilities, allowing for high-speed and high-
1344	volume traffic movements within the state. The primary function
1345	of these corridors is to provide such traffic movements. Access
1346	to abutting land is subordinate to this function, and such
1347	access must be prohibited or highly regulated.
1348	(2)  Strategic Intermodal System highway corridors shall
1349	include facilities from the following components of the State
1350	Highway System that meet the criteria adopted by the department
1351	pursuant to s. 339.63:
1352	(a)  Interstate highways.
1353	(b)  The Florida Turnpike System.
1354	(c)  Interregional and intercity limited access facilities.
1355	(d)  Existing interregional and intercity arterial highways
1356	previously upgraded or upgraded in the future to limited access
1357	or controlled access facility standards.
1358	(e)  New limited access facilities necessary to complete a
1359	balanced statewide system.
1360	(3)  The department shall adhere to the following policy
1361	guidelines in the development of Strategic Intermodal System
1362	highway corridors:
1363	(a)  Make capacity improvements to existing facilities
1364	where feasible to minimize costs and environmental impacts.
1365	(b)  Identify appropriate arterial highways in major
1366	transportation corridors for inclusion in a program to bring
1367	these facilities up to limited access or controlled access
1368	facility standards.
1369	(c)  Coordinate proposed projects with appropriate limited
1370	access projects undertaken by expressway authorities and local
1371	governmental entities.
1372	(d)  Maximize the use of limited access facility standards
1373	when constructing new arterial highways.
1374	(e)  Identify appropriate new limited access highways for
1375	inclusion as a part of the Florida Turnpike System.
1376	(f)  To the maximum extent feasible, ensure that proposed
1377	projects are consistent with approved local government
1378	comprehensive plans of the local jurisdictions in which such
1379	facilities are to be located and with the transportation
1380	improvement program of any metropolitan planning organization in
1381	which such facilities are to be located.
1382	(4)  The department shall develop and maintain a plan of
1383	Strategic Intermodal System highway corridor projects that are
1384	anticipated to be let to contract for construction within a time
1385	period of at least 20 years. The plan shall also identify when
1386	segments of the corridor will meet the standards and criteria
1387	developed pursuant to subsection (5).
1388	(5)  The department shall establish the standards and
1389	criteria for the functional characteristics and design of
1390	facilities proposed as part of Strategic Intermodal System
1391	highway corridors.
1392	(6)  For the purposes of developing the proposed Strategic
1393	Intermodal System highway corridors, beginning in fiscal year
1394	2003-2004 and for each fiscal year thereafter, the minimum
1395	amount allocated shall be based on the fiscal year 2003-2004
1396	allocation of $450 million adjusted annually by the change in
1397	the Consumer Price Index for the prior fiscal year compared to
1398	the Consumer Price Index for fiscal year 2003-2004.
1399	(7)  Any project to be constructed as part of a Strategic
1400	Intermodal System highway corridor shall be included in the
1401	department's adopted work program. Any Strategic Intermodal
1402	System highway corridor projects that are added to or deleted
1403	from the previous adopted work program, or any modification to
1404	Strategic Intermodal System highway corridor projects contained
1405	in the previous adopted work program, shall be specifically
1406	identified and submitted as a separate part of the tentative
1407	work program.
1408	Section 22.  Subsection (3) of section 341.302, Florida
1409	Statutes, is amended to read:
1410	341.302  Rail program; duties and responsibilities of the
1411	department.-The department, in conjunction with other
1412	governmental entities, including the rail enterprise and the
1413	private sector, shall develop and implement a rail program of
1414	statewide application designed to ensure the proper maintenance,
1415	safety, revitalization, and expansion of the rail system to
1416	assure its continued and increased availability to respond to
1417	statewide mobility needs. Within the resources provided pursuant
1418	to chapter 216, and as authorized under federal law, the
1419	department shall:
1420	(3)  Develop and periodically update the rail system plan,
1421	on the basis of an analysis of statewide transportation needs.
1422	(a)  The plan may contain detailed regional components,
1423	consistent with regional transportation plans, as needed to
1424	ensure connectivity within the state's regions, and it shall be
1425	consistent with the Florida Transportation Plan developed
1426	pursuant to s. 339.155. The rail system plan shall include an
1427	identification of priorities, programs, and funding levels
1428	required to meet statewide and regional needs. The rail system
1429	plan shall be developed in a manner that will assure the maximum
1430	use of existing facilities and the optimum integration and
1431	coordination of the various modes of transportation, public and
1432	private, in the most cost-effective manner possible. The rail
1433	system plan shall be updated no later than January 1, 2011, and
1434	at least every 5 years thereafter, and include plans for both
1435	passenger rail service and freight rail service, accompanied by
1436	a report to the Legislature regarding the status of the plan.
1437	(b)  In recognition of the department's role in the
1438	enhancement of the state's rail system to improve freight and
1439	passenger mobility, the department shall:
1440	1.  Work closely with all affected communities along an
1441	impacted freight rail corridor to identify and address
1442	anticipated impacts associated with an increase in freight rail
1443	traffic due to implementation of passenger rail.
1444	2.  In coordination with the affected local governments and
1445	CSX Transportation, Inc., finalize all viable alternatives from
1446	the department's Rail Traffic Evaluation Study to identify and
1447	develop an alternative route for through freight rail traffic
1448	moving through Central Florida, including the counties of Polk
1449	and Hillsborough, which would address, to the extent
1450	practicable, the effects of commuter rail.
1451	3.  Provide technical assistance to a coalition of local
1452	governments in Central Florida, including the counties of
1453	Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
1454	Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
1455	Sumter, and Volusia, and the municipalities within those
1456	counties, to develop a regional rail system plan that addresses
1457	passenger and freight opportunities in the region, is consistent
1458	with the Florida Rail System Plan, and incorporates appropriate
1459	elements of the Tampa Bay Area Regional Authority Master Plan,
1460	the Metroplan Orlando Regional Transit System Concept Plan,
1461	including the SunRail project, and the Florida Department of
1462	Transportation Alternate Rail Traffic Evaluation.
1463	4.  Provide for, to the extent funds are available and
1464	funding for high hazard grade crossing safety projects is not
1465	adversely affected:
1466	a.  Construction of supplemental safety measures, known as
1467	quadrant gates, as authorized by the Federal Railroad
1468	Administration for quiet zone crossings, at any rail crossing
1469	located along a passenger rail corridor and giving priority to
1470	such projects in areas where a one-to-one local match is
1471	available; and
1472	b.  Improvements at multimodal transportation centers, only
1473	for the period of time that the passenger rail system is
1474	operated and maintained by the department, that serve more than
1475	one transportation mode, including, but not limited to, buses,
1476	bicycles, and passenger rail, in an effort to maximize the
1477	benefits of a passenger rail system. Priority shall be given to
1478	multimodal transportation centers that have established the
1479	regulatory framework for transit-oriented development in and
1480	around its downtown service area.
1481	Section 23.  Paragraph (c) of subsection (4) of section
1482	348.0003, Florida Statutes, is amended to read:
1483	348.0003  Expressway authority; formation; membership.-
1484	(4)
1485	(c)  Members of each expressway authority, transportation
1486	authority, bridge authority, or toll authority, created pursuant
1487	to this chapter, chapter 343, or chapter 349 or any other
1488	general legislative enactment shall comply with the applicable
1489	financial disclosure requirements of s. 8, Art. II of the State
1490	Constitution. This paragraph does not subject any statutorily
1491	created authority, other than an expressway authority created
1492	under this part, to any other requirement of this part except
1493	the requirement of this paragraph.
1494	Section 24.  Subsection (3) of section 349.03, Florida
1495	Statutes, is amended to read:
1496	349.03  Jacksonville Transportation Authority.-
1497	(3)(a)  The terms of appointed members shall be for 4 years
1498	deemed to have commenced on June 1 of the year in which they are
1499	appointed. Each member shall hold office until a successor has
1500	been appointed and has qualified. A vacancy during a term shall
1501	be filled by the respective appointing authority only for the
1502	balance of the unexpired term. Any member appointed to the
1503	authority for two consecutive full terms shall not be eligible
1504	for appointment to the next succeeding term. One of the members
1505	so appointed shall be designated annually by the members as
1506	chair of the authority, one member shall be designated annually
1507	as the vice chair of the authority, one member shall be
1508	designated annually as the secretary of the authority, and one
1509	member shall be designated annually as the treasurer of the
1510	authority. The members of the authority shall not be entitled to
1511	compensation, but shall be reimbursed for travel expenses or
1512	other expenses actually incurred in their duties as provided by
1513	law. Four voting members of the authority shall constitute a
1514	quorum, and no resolution adopted by the authority shall become
1515	effective unless with the affirmative vote of at least four
1516	members. Members of the authority shall file as their mandatory
1517	financial disclosure a statement of financial interest with the
1518	Commission on Ethics as provided in s. 112.3145(2)(b).
1519	(b)  The authority shall employ an executive director, and
1520	the executive director may hire such staff, permanent or
1521	temporary, as he or she may determine and may organize the staff
1522	of the authority into such departments and units as he or she
1523	may determine. The executive director may appoint department
1524	directors, deputy directors, division chiefs, and staff
1525	assistants to the executive director, as he or she may
1526	determine. In so appointing the executive director, the
1527	authority may fix the compensation of such appointee, who shall
1528	serve at the pleasure of the authority. All employees of the
1529	authority shall be exempt from the provisions of part II of
1530	chapter 110. The authority may employ such financial advisers
1531	and consultants, technical experts, engineers, and agents and
1532	employees, permanent or temporary, as it may require and may fix
1533	the compensation and qualifications of such persons, firms, or
1534	corporations. The authority may delegate to one or more of its
1535	agents or employees such of its powers as it shall deem
1536	necessary to carry out the purposes of this chapter, subject
1537	always to the supervision and control of the governing body of
1538	the authority.
1539	Section 25.  Subsection (8) is added to section 349.04,
1540	Florida Statutes, to read:
1541	349.04  Purposes and powers.-
1542	(8)  The authority may conduct public meetings and
1543	workshops by means of communications media technology, as
1544	provided in s. 120.54(5). However, a resolution, rule, or formal
1545	action is not binding unless a quorum is physically present at
1546	the noticed meeting location, and only members physically
1547	present may vote on any item.
1548	Section 26.  Subsection (6) is added to section 373.413,
1549	Florida Statutes, to read:
1550	373.413  Permits for construction or alteration.-
1551	(6)  It is the intent of the Legislature that the governing
1552	board or department exercise flexibility in the permitting of
1553	stormwater management systems associated with the construction
1554	or alteration of systems serving state transportation projects
1555	and facilities. Because of the unique limitations of linear
1556	facilities, the governing board or department shall balance the
1557	expenditure of public funds for stormwater treatment for state
1558	transportation projects and facilities with the benefits to the
1559	public in providing the most cost efficient and effective method
1560	of achieving the treatment objectives. In consideration thereof,
1561	the governing board or department shall allow alternatives to
1562	onsite treatment, including, but not limited to, regional
1563	stormwater treatment systems. The Department of Transportation
1564	is responsible for treating stormwater generated from state
1565	transportation projects but is not responsible for the abatement
1566	of pollutants and flows entering its stormwater management
1567	systems from offsite. However, this subsection does not prohibit
1568	the Department of Transportation from receiving and managing
1569	such pollutants and flows when it is found to be cost-effective
1570	and prudent. Further, in association with rights-of-way
1571	acquisition for state transportation projects, the Department of
1572	Transportation is responsible for providing stormwater treatment
1573	and attenuation for additional rights-of-way, but is not
1574	responsible for modifying permits of adjacent lands when it is
1575	not the permittee. To accomplish this, the governing board or
1576	department shall adopt rules for these activities.
1577	Section 27.  Section 479.075, Florida Statutes, is created
1578	to read:
1579	479.075  Sign permit fee limitations.-
1580	(1)  As used in this section, the term:
1581	(a)  "Sign" means any sign, wall mural, or media tower as
1582	defined in s. 479.01 or as defined by a local government
1583	agreement, resolution, or ordinance.
1584	(b)  "Sign permit fee" means any payment required as a
1585	condition for building, erecting, inspecting, renewing,
1586	maintaining, operating, relocating, or reconstructing a sign or
1587	required pursuant to any agreement, ordinance, or resolution
1588	that includes any provision relating to the issuance of a sign
1589	permit or otherwise authorizing the building, erection,
1590	inspection, renewal, maintenance, operation, relocation, or
1591	reconstruction of a sign.
1592	(2)  A local government may establish by agreement,
1593	resolution, or ordinance a sign permit fee schedule and may
1594	assess fees for sign permits. The fee schedule must be based on
1595	the actual costs of administering its sign permitting program,
1596	but may not exceed $500 per sign per year.
1597	(3)  This section does not affect the validity of any other
1598	aspect of any agreement, resolution, or ordinance regarding
1599	signs or require the removal of any sign or repayment of any
1600	fees already paid. A local government that requires the removal
1601	of a sign as the result of the adoption of this section must
1602	adhere to the provision of s. 70.20(2).
1603	Section 28.  Section 479.106, Florida Statutes, is amended
1604	to read:
1605	479.106  Vegetation management.-
1606	(1)  The removal, cutting, or trimming of trees or
1607	vegetation on public right-of-way to make visible or to ensure
1608	future visibility of the facing of a proposed sign or previously
1609	permitted sign shall be performed only with the written
1610	permission of the department in accordance with the provisions
1611	of this section.
1612	(2)  Any person desiring to engage in the removal, cutting,
1613	or trimming of trees or vegetation for the purposes herein
1614	described shall apply for an appropriate permit by make written
1615	application to the department. The application for a permit
1616	shall include, at the election of the applicant, one of the
1617	following:
1618	(a)  A vegetation management plan consisting of a property
1619	sketch indicating the onsite location of the vegetation or
1620	individual trees to be removed, cut, or trimmed and describing
1621	the existing conditions and proposed work to be accomplished.
1622	(b)  Mitigation contribution to the Federal Grants Trust
1623	Fund pursuant to s. 589.277(2) using values of a wholesale plant
1624	nursery registered with the Division of Plant Industry of the
1625	Department of Agriculture and Consumer Services.
1626	(c)  A combination of both a vegetation management plan and
1627	mitigation contribution the applicant's plan for the removal,
1628	cutting, or trimming and for the management of any vegetation
1629	planted as part of a mitigation plan.
1630	(3)  In evaluating a vegetation management plan or
1631	mitigation contribution, the department As a condition of any
1632	removal of trees or vegetation, and where the department deems
1633	appropriate as a condition of any cutting or trimming, the
1634	department may require a vegetation management plan, approved by
1635	the department, which considers conservation and mitigation, or
1636	contribution to a plan of mitigation, for the replacement of
1637	such vegetation. Each plan or contribution shall reasonably
1638	evaluate the application as it relates relate to the vegetation
1639	being affected by the application, taking into consideration the
1640	condition of such vegetation, and, where appropriate, require a
1641	vegetation management plan to consider conservation and
1642	mitigation, or a contribution to a plan of mitigation, for the
1643	cutting or removal of such vegetation. The department may
1644	approve shall include plantings that which will allow reasonable
1645	visibility of sign facings while screening sign structural
1646	supports. Only herbicides approved by the Department of
1647	Agriculture and Consumer Services may be used in the removal of
1648	vegetation. The department shall act on the application for
1649	approval of vegetation management plans, or approval of
1650	mitigation contribution, within 30 days after receipt of such
1651	application. A permit issued in response to such application is
1652	valid for 5 years, may be renewed for an additional 5 years by
1653	payment of the applicable application fee, and is binding upon
1654	the department. The department may establish special mitigation
1655	programs for the beautification and aesthetic improvement of
1656	designated areas and permit individual applicants to contribute
1657	to such programs as a part or in lieu of other mitigation
1658	requirements.
1659	(4)  The department may establish an application fee not to
1660	exceed $25 for each individual application to defer the costs of
1661	processing such application and a fee not to exceed $200 to
1662	defer the costs of processing an application for multiple sites.
1663	(5)  The department may only grant a permit pursuant to s.
1664	479.07 for a new sign which requires the removal, cutting, or
1665	trimming of existing trees or vegetation on public right-of-way
1666	for the sign face to be visible from the highway when the sign
1667	owner has removed one at least two nonconforming sign signs of
1668	approximate comparable size and surrendered the permits for the
1669	nonconforming signs to the department for cancellation. For
1670	signs originally permitted after July 1, 1996, no permit for the
1671	removal, cutting, or trimming of trees or vegetation shall be
1672	granted where such trees or vegetation are part of a
1673	beautification project implemented prior to the date of the
1674	original sign permit application, when the beautification
1675	project is specifically identified in the department's
1676	construction plans, permitted landscape projects, or agreements.
1677	(6)  As a minimum, view zones shall be established along
1678	the public rights-of-way of interstate highways, expressways,
1679	federal-aid primary highways, and the State Highway System in
1680	the state, excluding privately or other publicly owned property,
1681	as follows:
1682	(a)  A view zone of 350 feet for posted speed limits of 35
1683	miles per hour or less.
1684	(b)  A view zone of 500 feet for posted speed limits of
1685	more than 35 miles per hour.
1686
1687	The established view zone shall be within the first 1,000 feet
1688	measured along the edge of the pavement in the direction of
1689	approaching traffic from a point on the edge of the pavement
1690	perpendicular to the edge of the sign facing nearest the highway
1691	and shall be continuous unless interrupted by vegetation that
1692	has established historical significance, is protected by state
1693	law, or has a circumference, measured at 4 and 1/2 feet above
1694	grade, equal to or greater than 70 percent of the circumference
1695	of the Florida Champion of the same species as listed in the
1696	Florida Register of Big Trees of the Florida Native Plant
1697	Society. The sign owner may designate the specific location of
1698	the view zone for each sign facing. In the absence of such
1699	designation, the established view zone shall be measured from
1700	the sign along the edge of the pavement in the direction of
1701	approaching traffic as provided in this subsection.
1702	(7)(6)  Beautification projects, trees, or other vegetation
1703	shall not be planted or located in the view zone of legally
1704	erected and permitted outdoor advertising signs which have been
1705	permitted prior to the date of the beautification project or
1706	other planting, where such planting will, at the time of
1707	planting or after future growth, screen such sign from view. The
1708	department shall provide written notice to the owner not less
1709	than 90 days before commencing a beautification project or other
1710	vegetation planting that may affect a sign, allowing such owner
1711	not less than 60 days to designate the specific location of the
1712	view zone of such affected sign. A sign owner is not required to
1713	prepare a vegetation management plan or secure a vegetation
1714	management permit for the implementation of beautification
1715	projects.
1716	(a)  View zones are established along the public rights-of-
1717	way of interstate highways, expressways, federal-aid primary
1718	highways, and the State Highway System in the state, excluding
1719	privately or other publicly owned property, as follows:
1720	1.  A view zone of 350 feet for posted speed limits of 35
1721	miles per hour or less.
1722	2.  A view zone of 500 feet for posted speed limits of over
1723	35 miles per hour.
1724	(b)  The established view zone shall be within the first
1725	1,000 feet measured along the edge of the pavement in the
1726	direction of approaching traffic from a point on the edge of the
1727	pavement perpendicular to the edge of the sign facing nearest
1728	the highway and shall be continuous unless interrupted by
1729	existing, naturally occurring vegetation. The department and the
1730	sign owner may enter into an agreement identifying the specific
1731	location of the view zone for each sign facing. In the absence
1732	of such agreement, the established view zone shall be measured
1733	from the sign along the edge of the pavement in the direction of
1734	approaching traffic as provided in this subsection.
1735	(a)(c)  If a sign owner alleges any governmental entity or
1736	other party has violated this subsection, the sign owner must
1737	provide 90 days' written notice to the governmental entity or
1738	other party allegedly violating this subsection. If the alleged
1739	violation is not cured by the governmental entity or other party
1740	within the 90-day period, the sign owner may file a claim in the
1741	circuit court where the sign is located. A copy of such
1742	complaint shall be served contemporaneously upon the
1743	governmental entity or other party. If the circuit court
1744	determines a violation of this subsection has occurred, the
1745	court shall award a claim for compensation equal to the lesser
1746	of the revenue from the sign lost during the time of screening
1747	or the fair market value of the sign, and the governmental
1748	entity or other party shall pay the award of compensation
1749	subject to available appeal. Any modification or removal of
1750	material within a beautification project or other planting by
1751	the governmental entity or other party to cure an alleged
1752	violation shall not require the issuance of a permit from the
1753	Department of Transportation provided not less than 48 hours'
1754	notice is provided to the department of the modification or
1755	removal of the material. A natural person, private corporation,
1756	or private partnership licensed under part II of chapter 481
1757	providing design services for beautification or other projects
1758	shall not be subject to a claim of compensation under this
1759	section when the initial project design meets the requirements
1760	of this section.
1761	(b)(d)  This subsection shall not apply to the provisions
1762	of any existing written agreement executed before July 1, 2006,
1763	between any local government and the owner of an outdoor
1764	advertising sign.
1765	(8)(7)  Any person engaging in removal, cutting, or
1766	trimming of trees or vegetation in violation of this section or
1767	benefiting from such actions shall be subject to an
1768	administrative penalty of up to $1,000 and required to mitigate
1769	for the unauthorized removal, cutting, or trimming in such
1770	manner and in such amount as may be required under the rules of
1771	the department.
1772	(9)(8)  The intent of this section is to create partnering
1773	relationships which will have the effect of improving the
1774	appearance of Florida's highways and creating a net increase in
1775	the vegetative habitat along the roads. Department rules shall
1776	encourage the use of plants which are low maintenance and native
1777	to the general region in which they are planted.
1778	Section 29.  Effective upon this act becoming a law,
1779	section 3 of chapter 2008-174, Laws of Florida, is amended to
1780	read:
1781	Section 3.  (1)  School districts are encouraged to enter
1782	into partnerships with local businesses for purposes of
1783	mentorship opportunities, the development of employment options
1784	and additional funding sources, and other mutual benefits.
1785	(2)  As a pilot program through June 30, 2013 2011, the
1786	Palm Beach County school district may recognize its business
1787	partners by publicly displaying such business partners' names on
1788	school district property in the unincorporated areas. "Project
1789	Graduation" and athletic sponsorships are examples of
1790	appropriate recognition. The district shall make every effort to
1791	display its business partners' names in a manner that is
1792	consistent with the county standards for uniformity in size,
1793	color, and placement of signs. If the provisions of this section
1794	are inconsistent with the county ordinances or regulations
1795	relating to signs in the unincorporated areas or inconsistent
1796	with chapter 125, chapter 166, or chapter 479, Florida Statutes,
1797	the provisions of this section prevail.
1798	Section 30.  Edna S. Hargrett-Thrower Avenue designated;
1799	Department of Transportation to erect suitable markers.-
1800	(1)  That portion of Orange Blossom Trail between Gore
1801	Street and Church Street in Orange County is designated as "Edna
1802	S. Hargrett-Thrower Avenue."
1803	(2)  The Department of Transportation is directed to erect
1804	suitable markers designating Edna S. Hargrett-Thrower Avenue as
1805	described in subsection (1).
1806	Section 31.  SP4 Thomas Berry Corbin Memorial Highway
1807	designated; Department of Transportation to erect suitable
1808	markers.-
1809	(1)  That portion of U.S. Highway 19/27A/98/State Road 55
1810	between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1811	Road/Kate Green Road in Dixie County is designated as "SP4
1812	Thomas Berry Corbin Memorial Highway."
1813	(2)  The Department of Transportation is directed to erect
1814	suitable markers designating SP4 Thomas Berry Corbin Memorial
1815	Highway as described in subsection (1).
1816	Section 32.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1817	Memorial Highway designated; Department of Transportation to
1818	erect suitable markers.-
1819	(1)  That portion of U.S. Highway 19/98/State Road 55
1820	between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1821	170th Street in Dixie County is designated as "U.S. Navy BMC
1822	Samuel Calhoun Chavous, Jr. Memorial Highway."
1823	(2)  The Department of Transportation is directed to erect
1824	suitable markers designating U.S. Navy BMC Samuel Calhoun
1825	Chavous, Jr. Memorial Highway as described in subsection (1).
1826	Section 33.  Marine Lance Corporal Brian R. Buesing
1827	Memorial Highway designated; Department of Transportation to
1828	erect suitable markers.-
1829	(1)  That portion of State Road 24 between County Road 347
1830	and Bridge Number 340053 in Levy County is designated as "Marine
1831	Lance Corporal Brian R. Buesing Memorial Highway."
1832	(2)  The Department of Transportation is directed to erect
1833	suitable markers designating Marine Lance Corporal Brian R.
1834	Buesing Memorial Highway as described in subsection (1).
1835	Section 34.  United States Army Sergeant Karl A. Campbell
1836	Memorial Highway designated; Department of Transportation to
1837	erect suitable markers.-
1838	(1)  That portion of U.S. Highway 19/98/State Road 55/S.
1839	Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1840	County is designated as "United States Army Sergeant Karl A.
1841	Campbell Memorial Highway."
1842	(2)  The Department of Transportation is directed to erect
1843	suitable markers designating United States Army Sergeant Karl A.
1844	Campbell Memorial Highway as described in subsection (1).
1845	Section 35.  U.S. Army SPC James A. Page Memorial Highway
1846	designated; Department of Transportation to erect suitable
1847	markers.-
1848	(1)  That portion of U.S. Highway 27A/State Road
1849	500/Hathaway Avenue between State Road 24/Thrasher Drive and
1850	Town Court in Levy County is designated as "U.S. Army SPC James
1851	A. Page Memorial Highway."
1852	(2)  The Department of Transportation is directed to erect
1853	suitable markers designating U.S. Army SPC James A. Page
1854	Memorial Highway as described in subsection (1).
1855	Section 36.  Veterans Memorial Highway designated;
1856	Department of Transportation to erect suitable markers.-
1857	(1)  That portion of State Road 19 between U.S. Highway
1858	17/State Road 15 and Carriage Drive in the City of Palatka in
1859	Putnam County is designated as "Veterans Memorial Highway."
1860	(2)  The Department of Transportation is directed to erect
1861	suitable markers designating Veterans Memorial Highway as
1862	described in subsection (1).
1863	Section 37.  Ben G. Watts Highway designated; Department of
1864	Transportation to erect suitable markers.-
1865	(1)  That portion of U.S. Highway 90/State Road 10 between
1866	the Holmes County line and the Jackson County line in Washington
1867	County is designated as "Ben G. Watts Highway."
1868	(2)  The Department of Transportation is directed to erect
1869	suitable markers designating Ben G. Watts Highway as described
1870	in subsection (1).
1871	Section 38.  Mardi Gras Way designated; Department of
1872	Transportation to erect suitable markers.-
1873	(1)  That portion of State Road 824 between Interstate 95
1874	and U.S. Highway 1 in Broward County is designated as "Mardi
1875	Gras Way."
1876	(2)  The Department of Transportation is directed to erect
1877	suitable markers designating Mardi Gras Way as described in
1878	subsection (1).
1879	Section 39.  West Park Boulevard designated; Department of
1880	Transportation to erect suitable markers.-
1881	(1)  That portion of State Road 7 between Pembroke Road and
1882	County Line Road in Broward County is designated as "West Park
1883	Boulevard."
1884	(2)  The Department of Transportation is directed to erect
1885	suitable markers designating West Park Boulevard as described in
1886	subsection (1).
1887	Section 40.  Pembroke Park Boulevard designated; Department
1888	of Transportation to erect suitable markers.-
1889	(1)  That portion of State Road 858/Hallandale Beach
1890	Boulevard between Interstate 95 and U.S. Highway 441/State Road
1891	7 in Broward County is designated as "Pembroke Park Boulevard."
1892	(2)  The Department of Transportation is directed to erect
1893	suitable markers designating Pembroke Park Boulevard as
1894	described in subsection (1).
1895	Section 41.  Stark Memorial Drive designated; Department of
1896	Transportation to erect suitable markers.-
1897	(1)  That portion of State Road 101/Mayport Road between
1898	State Road A1A and Wonderwood Connector in Duval County is
1899	designated as "Stark Memorial Drive."
1900	(2)  The Department of Transportation is directed to erect
1901	suitable markers designating Stark Memorial Drive as described
1902	in subsection (1).
1903	Section 42.  Duval County Law Enforcement Memorial Overpass
1904	designated; Department of Transportation to erect suitable
1905	markers.-
1906	(1)  The Interstate 295/State Road 9A overpass (Bridge
1907	Numbers 720256 and 720347) over Interstate 10/State Road 8 in
1908	Duval County is designated as "Duval County Law Enforcement
1909	Memorial Overpass."
1910	(2)  The Department of Transportation is directed to erect
1911	suitable markers designating Duval County Law Enforcement
1912	Memorial Overpass as described in subsection (1).
1913	Section 43.  Verna Bell Way designated; Department of
1914	Transportation to erect suitable markers.-
1915	(1)  That portion of State Road 200 between Lime Street and
1916	Beech Street in the City of Fernandina Beach in Nassau County is
1917	designated as "Verna Bell Way."
1918	(2)  The Department of Transportation is directed to erect
1919	suitable markers designating Verna Bell Way as described in
1920	subsection (1).
1921	Section 44.  Deputy Hal P. Croft and Deputy Ronald Jackson
1922	Memorial Highway designated; Department of Transportation to
1923	erect suitable markers.-
1924	(1)  That portion of State Road 100 East in Union County
1925	between the Bradford County line and the Columbia County line is
1926	designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
1927	Memorial Highway."
1928	(2)  The Department of Transportation is directed to erect
1929	suitable markers designating Deputy Hal P. Croft and Deputy
1930	Ronald Jackson Memorial Highway as described in subsection (1).
1931	Section 45.  Dr. Oscar Elias Biscet Boulevard designated;
1932	Department of Transportation to erect suitable markers.-
1933	(1)  That portion of Coral Way between S.W. 32nd Avenue and
1934	S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1935	Oscar Elias Biscet Boulevard."
1936	(2)  The Department of Transportation is directed to erect
1937	suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1938	described in subsection (1).
1939	Section 46.  Alma Lee Loy Bridge designated; Department of
1940	Transportation to erect suitable markers.-
1941	(1)  Bridge Number 880077 on State Road 656 between State
1942	Road A1A and Indian River Boulevard in the City of Vero Beach in
1943	Indian River County is designated as "Alma Lee Loy Bridge."
1944	(2)  The Department of Transportation is directed to erect
1945	suitable markers designating Alma Lee Loy Bridge as described
1946	subsection (1).
1947	Section 47.  Section 24 of chapter 2010-230, Laws of
1948	Florida, is amended to read:
1949	Section 24.  Miss Lillie Williams Boulevard designated;
1950	Department of Transportation to erect suitable markers.-
1951	(1)  That portion of N.W. 79th Street between N.W. 6th
1952	Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1953	designated as "Miss Lillie Williams Boulevard."
1954	(2)  The Department of Transportation is directed to erect
1955	suitable markers designating Miss Lillie Williams Boulevard as
1956	described in subsection (1).
1957	Section 48.  Section 45 of chapter 2010-230, Laws of
1958	Florida, is amended to read:
1959	Section 45.  Father Gerard Jean-Juste Street designated;
1960	Department of Transportation to erect suitable markers.-
1961	(1)  That portion of N.W. 54th Street in Miami-Dade County
1962	between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1963	is designated "Father Gerard Jean-Juste Street."
1964	(2)  The Department of Transportation is directed to erect
1965	suitable markers designating Father Gerard Jean-Juste Street as
1966	described in subsection (1).
1967	Section 49.  Paragraph (a) of subsection (12) of section
1968	163.3180, Florida Statutes, is amended to read:
1969	163.3180  Concurrency.-
1970	(12)(a)  A development of regional impact may satisfy the
1971	transportation concurrency requirements of the local
1972	comprehensive plan, the local government's concurrency
1973	management system, and s. 380.06 by payment of a proportionate-
1974	share contribution for local and regionally significant traffic
1975	impacts, if:
1976	1.  The development of regional impact which, based on its
1977	location or mix of land uses, is designed to encourage
1978	pedestrian or other nonautomotive modes of transportation;
1979	2.  The proportionate-share contribution for local and
1980	regionally significant traffic impacts is sufficient to pay for
1981	one or more required mobility improvements that will benefit a
1982	regionally significant transportation facility;
1983	3.  The owner and developer of the development of regional
1984	impact pays or assures payment of the proportionate-share
1985	contribution; and
1986	4.  If the regionally significant transportation facility
1987	to be constructed or improved is under the maintenance authority
1988	of a governmental entity, as defined by s. 334.03(12), other
1989	than the local government with jurisdiction over the development
1990	of regional impact, the developer is required to enter into a
1991	binding and legally enforceable commitment to transfer funds to
1992	the governmental entity having maintenance authority or to
1993	otherwise assure construction or improvement of the facility.
1994
1995	The proportionate-share contribution may be applied to any
1996	transportation facility to satisfy the provisions of this
1997	subsection and the local comprehensive plan, but, for the
1998	purposes of this subsection, the amount of the proportionate-
1999	share contribution shall be calculated based upon the cumulative
2000	number of trips from the proposed development expected to reach
2001	roadways during the peak hour from the complete buildout of a
2002	stage or phase being approved, divided by the change in the peak
2003	hour maximum service volume of roadways resulting from
2004	construction of an improvement necessary to maintain the adopted
2005	level of service, multiplied by the construction cost, at the
2006	time of developer payment, of the improvement necessary to
2007	maintain the adopted level of service. For purposes of this
2008	subsection, "construction cost" includes all associated costs of
2009	the improvement. Proportionate-share mitigation shall be limited
2010	to ensure that a development of regional impact meeting the
2011	requirements of this subsection mitigates its impact on the
2012	transportation system but is not responsible for the additional
2013	cost of reducing or eliminating backlogs. This subsection also
2014	applies to Florida Quality Developments pursuant to s. 380.061
2015	and to detailed specific area plans implementing optional sector
2016	plans pursuant to s. 163.3245.
2017	Section 50.  Paragraph (k) of subsection (1) of section
2018	163.3187, Florida Statutes, is amended to read:
2019	163.3187  Amendment of adopted comprehensive plan.-
2020	(1)  Amendments to comprehensive plans adopted pursuant to
2021	this part may be made not more than two times during any
2022	calendar year, except:
2023	(k)  A local comprehensive plan amendment directly related
2024	to providing transportation improvements to enhance life safety
2025	on controlled access major arterial highways identified in the
2026	Strategic Intermodal System Florida Intrastate Highway System,
2027	in counties as defined in s. 125.011, where such roadways have a
2028	high incidence of traffic accidents resulting in serious injury
2029	or death. Any such amendment shall not include any amendment
2030	modifying the designation on a comprehensive development plan
2031	land use map nor any amendment modifying the allowable densities
2032	or intensities of any land.
2033	Section 51.  Subsection (3) of section 288.063, Florida
2034	Statutes, is amended to read:
2035	288.063  Contracts for transportation projects.-
2036	(3)  With respect to any contract executed pursuant to this
2037	section, the term "transportation project" means a
2038	transportation facility as defined in s. 334.03(31) which is
2039	necessary in the judgment of the Office of Tourism, Trade, and
2040	Economic Development to facilitate the economic development and
2041	growth of the state. Except for applications received prior to
2042	July 1, 1996, such transportation projects shall be approved
2043	only as a consideration to attract new employment opportunities
2044	to the state or expand or retain employment in existing
2045	companies operating within the state, or to allow for the
2046	construction or expansion of a state or federal correctional
2047	facility in a county with a population of 75,000 or less that
2048	creates new employment opportunities or expands or retains
2049	employment in the county. The Office of Tourism, Trade, and
2050	Economic Development shall institute procedures to ensure that
2051	small and minority businesses have equal access to funding
2052	provided under this section. Funding for approved transportation
2053	projects may include any expenses, other than administrative
2054	costs and equipment purchases specified in the contract,
2055	necessary for new, or improvement to existing, transportation
2056	facilities. Funds made available pursuant to this section may
2057	not be expended in connection with the relocation of a business
2058	from one community to another community in this state unless the
2059	Office of Tourism, Trade, and Economic Development determines
2060	that without such relocation the business will move outside this
2061	state or determines that the business has a compelling economic
2062	rationale for the relocation which creates additional jobs.
2063	Subject to appropriation for projects under this section, any
2064	appropriation greater than $10 million shall be allocated to
2065	each of the districts of the Department of Transportation to
2066	ensure equitable geographical distribution. Such allocated funds
2067	that remain uncommitted by the third quarter of the fiscal year
2068	shall be reallocated among the districts based on pending
2069	project requests.
2070	Section 52.  Paragraph (b) of subsection (3) of section
2071	311.07, Florida Statutes, is amended to read:
2072	311.07  Florida seaport transportation and economic
2073	development funding.-
2074	(3)
2075	(b)  Projects eligible for funding by grants under the
2076	program are limited to the following port facilities or port
2077	transportation projects:
2078	1.  Transportation facilities within the jurisdiction of
2079	the port.
2080	2.  The dredging or deepening of channels, turning basins,
2081	or harbors.
2082	3.  The construction or rehabilitation of wharves, docks,
2083	structures, jetties, piers, storage facilities, cruise
2084	terminals, automated people mover systems, or any facilities
2085	necessary or useful in connection with any of the foregoing.
2086	4.  The acquisition of vessel tracking systems, container
2087	cranes, or other mechanized equipment used in the movement of
2088	cargo or passengers in international commerce.
2089	5.  The acquisition of land to be used for port purposes.
2090	6.  The acquisition, improvement, enlargement, or extension
2091	of existing port facilities.
2092	7.  Environmental protection projects which are necessary
2093	because of requirements imposed by a state agency as a condition
2094	of a permit or other form of state approval; which are necessary
2095	for environmental mitigation required as a condition of a state,
2096	federal, or local environmental permit; which are necessary for
2097	the acquisition of spoil disposal sites and improvements to
2098	existing and future spoil sites; or which result from the
2099	funding of eligible projects listed in this paragraph.
2100	8.  Transportation facilities as defined in s. 334.03(31)
2101	which are not otherwise part of the Department of
2102	Transportation's adopted work program.
2103	9.  Seaport intermodal access projects identified in the 5-
2104	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2105	10.  Construction or rehabilitation of port facilities as
2106	defined in s. 315.02, excluding any park or recreational
2107	facilities, in ports listed in s. 311.09(1) with operating
2108	revenues of $5 million or less, provided that such projects
2109	create economic development opportunities, capital improvements,
2110	and positive financial returns to such ports.
2111	Section 53.  Subsection (7) of section 311.09, Florida
2112	Statutes, is amended to read:
2113	311.09  Florida Seaport Transportation and Economic
2114	Development Council.-
2115	(7)  The Department of Transportation shall review the list
2116	of projects approved by the council for consistency with the
2117	Florida Transportation Plan and the department's adopted work
2118	program. In evaluating the consistency of a project, the
2119	department shall determine whether the transportation impact of
2120	the proposed project is adequately handled by existing state-
2121	owned transportation facilities or by the construction of
2122	additional state-owned transportation facilities as identified
2123	in the Florida Transportation Plan and the department's adopted
2124	work program. In reviewing for consistency a transportation
2125	facility project as defined in s. 334.03(31) which is not
2126	otherwise part of the department's work program, the department
2127	shall evaluate whether the project is needed to provide for
2128	projected movement of cargo or passengers from the port to a
2129	state transportation facility or local road. If the project is
2130	needed to provide for projected movement of cargo or passengers,
2131	the project shall be approved for consistency as a consideration
2132	to facilitate the economic development and growth of the state
2133	in a timely manner. The Department of Transportation shall
2134	identify those projects which are inconsistent with the Florida
2135	Transportation Plan and the adopted work program and shall
2136	notify the council of projects found to be inconsistent.
2137	Section 54.  Section 316.2122, Florida Statutes, is amended
2138	to read:
2139	316.2122  Operation of a low-speed vehicle or mini truck on
2140	certain roadways.-The operation of a low-speed vehicle as
2141	defined in s. 320.01(42) or a mini truck as defined in s.
2142	320.01(45) on any road as defined in s. 334.03(15) or (33) is
2143	authorized with the following restrictions:
2144	(1)  A low-speed vehicle or mini truck may be operated only
2145	on streets where the posted speed limit is 35 miles per hour or
2146	less. This does not prohibit a low-speed vehicle or mini truck
2147	from crossing a road or street at an intersection where the road
2148	or street has a posted speed limit of more than 35 miles per
2149	hour.
2150	(2)  A low-speed vehicle must be equipped with headlamps,
2151	stop lamps, turn signal lamps, taillamps, reflex reflectors,
2152	parking brakes, rearview mirrors, windshields, seat belts, and
2153	vehicle identification numbers.
2154	(3)  A low-speed vehicle or mini truck must be registered
2155	and insured in accordance with s. 320.02 and titled pursuant to
2156	chapter 319.
2157	(4)  Any person operating a low-speed vehicle or mini truck
2158	must have in his or her possession a valid driver's license.
2159	(5)  A county or municipality may prohibit the operation of
2160	low-speed vehicles or mini trucks on any road under its
2161	jurisdiction if the governing body of the county or municipality
2162	determines that such prohibition is necessary in the interest of
2163	safety.
2164	(6)  The Department of Transportation may prohibit the
2165	operation of low-speed vehicles or mini trucks on any road under
2166	its jurisdiction if it determines that such prohibition is
2167	necessary in the interest of safety.
2168	Section 55.  Paragraph (c) of subsection (5) of section
2169	316.515, Florida Statutes, is amended to read:
2170	316.515  Maximum width, height, length.-
2171	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2172	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2173	(c)  The width and height limitations of this section do
2174	not apply to farming or agricultural equipment, whether self-
2175	propelled, pulled, or hauled, when temporarily operated during
2176	daylight hours upon a public road that is not a limited access
2177	facility as defined in s. 334.03(13), and the width and height
2178	limitations may be exceeded by such equipment without a permit.
2179	To be eligible for this exemption, the equipment shall be
2180	operated within a radius of 50 miles of the real property owned,
2181	rented, or leased by the equipment owner. However, equipment
2182	being delivered by a dealer to a purchaser is not subject to the
2183	50-mile limitation. Farming or agricultural equipment greater
2184	than 174 inches in width must have one warning lamp mounted on
2185	each side of the equipment to denote the width and must have a
2186	slow-moving vehicle sign. Warning lamps required by this
2187	paragraph must be visible from the front and rear of the vehicle
2188	and must be visible from a distance of at least 1,000 feet.
2189	Section 56.  Section 318.12, Florida Statutes, is amended
2190	to read:
2191	318.12  Purpose.-It is the legislative intent in the
2192	adoption of this chapter to decriminalize certain violations of
2193	chapter 316, the Florida Uniform Traffic Control Law; chapter
2194	320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
2195	chapter 338, Limited Access Florida Intrastate Highway System
2196	and Toll Facilities; and chapter 1006, Support of Learning,
2197	thereby facilitating the implementation of a more uniform and
2198	expeditious system for the disposition of traffic infractions.
2199	Section 57.  Subsection (3) of section 335.02, Florida
2200	Statutes, is amended to read:
2201	335.02  Authority to designate transportation facilities
2202	and rights-of-way and establish lanes; procedure for
2203	redesignation and relocation; application of local regulations.-
2204	(3)  The department may establish standards for lanes on
2205	the State Highway System, including the Strategic Intermodal
2206	System highway corridors Florida Intrastate Highway System
2207	established pursuant to s. 339.65 338.001. In determining the
2208	number of lanes for any regional corridor or section of highway
2209	on the State Highway System to be funded by the department with
2210	state or federal funds, the department shall evaluate all
2211	alternatives and seek to achieve the highest degree of efficient
2212	mobility for corridor users. In conducting the analysis, the
2213	department must give consideration to the following factors
2214	consistent with sound engineering principles:
2215	(a)  Overall economic importance of the corridor as a trade
2216	or tourism corridor.
2217	(b)  Safety of corridor users, including the importance of
2218	the corridor for evacuation purposes.
2219	(c)  Cost-effectiveness of alternative methods of
2220	increasing the mobility of corridor users.
2221	(d)  Current and projected traffic volumes on the corridor.
2222	(e)  Multimodal alternatives.
2223	(f)  Use of intelligent transportation technology in
2224	increasing the efficiency of the corridor.
2225	(g)  Compliance with state and federal policies related to
2226	clean air, environmental impacts, growth management, livable
2227	communities, and energy conservation.
2228	(h)  Addition of special use lanes, such as exclusive truck
2229	lanes, high-occupancy-vehicle toll lanes, and exclusive
2230	interregional traffic lanes.
2231	(i)  Availability and cost of rights-of-way, including
2232	associated costs, and the most effective use of existing rights-
2233	of-way.
2234	(j)  Regional economic and transportation objectives, where
2235	articulated.
2236	(k)  The future land use plan element of local government
2237	comprehensive plans, as appropriate, including designated urban
2238	infill and redevelopment areas.
2239	(l)  The traffic circulation element, if applicable, of
2240	local government comprehensive plans, including designated
2241	transportation corridors and public transportation corridors.
2242	(m)  The approved metropolitan planning organization's
2243	long-range transportation plan, as appropriate.
2244
2245	This subsection does not preclude a number of lanes in excess of
2246	10 lanes, but an additional factor that must be considered
2247	before the department may determine that the number of lanes
2248	should be more than 10 is the capacity to accommodate in the
2249	future alternative forms of transportation within existing or
2250	potential rights-of-way.
2251	Section 58.  Section 336.01, Florida Statutes, is amended
2252	to read:
2253	336.01  Designation of county road system.-The county road
2254	system shall be as defined in s. 334.03(8).
2255	Section 59.  Subsection (2) of section 338.222, Florida
2256	Statutes, is amended to read:
2257	338.222  Department of Transportation sole governmental
2258	entity to acquire, construct, or operate turnpike projects;
2259	exception.-
2260	(2)  The department may contract with any local
2261	governmental entity as defined in s. 334.03(13)(14) for the
2262	design, right-of-way acquisition, or construction of any
2263	turnpike project which the Legislature has approved. Local
2264	governmental entities may negotiate with the department for the
2265	design, right-of-way acquisition, and construction of any
2266	section of the turnpike project within areas of their respective
2267	jurisdictions or within counties with which they have interlocal
2268	agreements.
2269	Section 60.  Paragraph (b) of subsection (1) of section
2270	338.223, Florida Statutes, is amended to read:
2271	338.223  Proposed turnpike projects.-
2272	(1)
2273	(b)  Any proposed turnpike project or improvement shall be
2274	developed in accordance with the Florida Transportation Plan and
2275	the work program pursuant to s. 339.135. Turnpike projects that
2276	add capacity, alter access, affect feeder roads, or affect the
2277	operation of the local transportation system shall be included
2278	in the transportation improvement plan of the affected
2279	metropolitan planning organization. If such turnpike project
2280	does not fall within the jurisdiction of a metropolitan planning
2281	organization, the department shall notify the affected county
2282	and provide for public hearings in accordance with s.
2283	339.155(5)(6)(c).
2284	Section 61.  Subsection (4) of section 338.227, Florida
2285	Statutes, is amended to read:
2286	338.227  Turnpike revenue bonds.-
2287	(4)  The Department of Transportation and the Department of
2288	Management Services shall create and implement an outreach
2289	program designed to enhance the participation of minority
2290	persons and minority business enterprises in all contracts
2291	entered into by their respective departments for services
2292	related to the financing of department projects for the
2293	Strategic Intermodal System Plan developed pursuant to s. 339.64
2294	Florida Intrastate Highway System Plan. These services shall
2295	include, but not be limited to, bond counsel and bond
2296	underwriters.
2297	Section 62.  Subsection (2) of section 338.2275, Florida
2298	Statutes, is amended to read:
2299	338.2275  Approved turnpike projects.-
2300	(2)  The department is authorized to use turnpike revenues,
2301	the State Transportation Trust Fund moneys allocated for
2302	turnpike projects pursuant to s. 339.65 s. 338.001, federal
2303	funds, and bond proceeds, and shall use the most cost-efficient
2304	combination of such funds, in developing a financial plan for
2305	funding turnpike projects. The department must submit a report
2306	of the estimated cost for each ongoing turnpike project and for
2307	each planned project to the Legislature 14 days before the
2308	convening of the regular legislative session. Verification of
2309	economic feasibility and statements of environmental feasibility
2310	for individual turnpike projects must be based on the entire
2311	project as approved. Statements of environmental feasibility are
2312	not required for those projects listed in s. 12, chapter 90-136,
2313	Laws of Florida, for which the Project Development and
2314	Environmental Reports were completed by July 1, 1990. All
2315	required environmental permits must be obtained before the
2316	department may advertise for bids for contracts for the
2317	construction of any turnpike project.
2318	Section 63.  Section 338.228, Florida Statutes, is amended
2319	to read:
2320	338.228  Bonds not debts or pledges of credit of state.-
2321	Turnpike revenue bonds issued under the provisions of ss.
2322	338.22-338.241 are not debts of the state or pledges of the
2323	faith and credit of the state. Such bonds are payable
2324	exclusively from revenues pledged for their payment. All such
2325	bonds shall contain a statement on their face that the state is
2326	not obligated to pay the same or the interest thereon, except
2327	from the revenues pledged for their payment, and that the faith
2328	and credit of the state is not pledged to the payment of the
2329	principal or interest of such bonds. The issuance of turnpike
2330	revenue bonds under the provisions of ss. 338.22-338.241 does
2331	not directly, indirectly, or contingently obligate the state to
2332	levy or to pledge any form of taxation whatsoever, or to make
2333	any appropriation for their payment. Except as provided in ss.
2334	338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2335	be used on any turnpike project or to pay the principal or
2336	interest of any bonds issued to finance or refinance any portion
2337	of the turnpike system, and all such bonds shall contain a
2338	statement on their face to this effect.
2339	Section 64.  Subsection (2) of section 338.234, Florida
2340	Statutes, is amended to read:
2341	338.234  Granting concessions or selling along the turnpike
2342	system; immunity from taxation.-
2343	(2)  The effectuation of the authorized purposes of the
2344	Strategic Intermodal System, created under ss. 339.61-339.65,
2345	Florida Intrastate Highway System and Florida Turnpike
2346	Enterprise, created under this chapter, is for the benefit of
2347	the people of the state, for the increase of their commerce and
2348	prosperity, and for the improvement of their health and living
2349	conditions; and, because the system and enterprise perform
2350	essential government functions in effectuating such purposes,
2351	neither the turnpike enterprise nor any nongovernment lessee or
2352	licensee renting, leasing, or licensing real property from the
2353	turnpike enterprise, pursuant to an agreement authorized by this
2354	section, are required to pay any commercial rental tax imposed
2355	under s. 212.031 on any capital improvements constructed,
2356	improved, acquired, installed, or used for such purposes.
2357	Section 65.  Subsections (1) and (3) of section 339.2819,
2358	Florida Statutes, are amended to read:
2359	339.2819  Transportation Regional Incentive Program.-
2360	(1)  There is created within the Department of
2361	Transportation a Transportation Regional Incentive Program for
2362	the purpose of providing funds to improve regionally significant
2363	transportation facilities in regional transportation areas
2364	created pursuant to s. 339.155(4)(5).
2365	(3)  The department shall allocate funding available for
2366	the Transportation Regional Incentive Program to the districts
2367	based on a factor derived from equal parts of population and
2368	motor fuel collections for eligible counties in regional
2369	transportation areas created pursuant to s. 339.155(4)(5).
2370	Section 66.  Subsection (6) of section 339.285, Florida
2371	Statutes, is amended to read:
2372	339.285  Enhanced Bridge Program for Sustainable
2373	Transportation.-
2374	(6)  Preference shall be given to bridge projects located
2375	on corridors that connect to the Strategic Intermodal System,
2376	created under s. 339.64, and that have been identified as
2377	regionally significant in accordance with s. 339.155(4)(5)(c),
2378	(d), and (e).
2379	Section 67.  Section 339.62, Florida Statutes, is amended
2380	to read:
2381	339.62  System components.-The Strategic Intermodal System
2382	shall consist of appropriate components of:
2383	(1)  Highway corridors The Florida Intrastate Highway
2384	System established under s. 339.65 s. 338.001.
2385	(2)  The National Highway System.
2386	(3)  Airport, seaport, and spaceport facilities.
2387	(4)  Rail lines and rail facilities.
2388	(5)  Selected intermodal facilities; passenger and freight
2389	terminals; and appropriate components of the State Highway
2390	System, county road system, city street system, inland
2391	waterways, and local public transit systems that serve as
2392	existing or planned connectors between the components listed in
2393	subsections (1)-(4).
2394	(6)  Other existing or planned corridors that serve a
2395	statewide or interregional purpose.
2396	Section 68.  Subsection (2) of section 341.053, Florida
2397	Statutes, is amended to read:
2398	341.053  Intermodal Development Program; administration;
2399	eligible projects; limitations.-
2400	(2)  In recognition of the department's role in the
2401	economic development of this state, the department shall develop
2402	a proposed intermodal development plan to connect Florida's
2403	airports, deepwater seaports, rail systems serving both
2404	passenger and freight, and major intermodal connectors to the
2405	Strategic Intermodal System highway corridors Florida Intrastate
2406	Highway System facilities as the primary system for the movement
2407	of people and freight in this state in order to make the
2408	intermodal development plan a fully integrated and
2409	interconnected system. The intermodal development plan must:
2410	(a)  Define and assess the state's freight intermodal
2411	network, including airports, seaports, rail lines and terminals,
2412	intercity bus lines and terminals, and connecting highways.
2413	(b)  Prioritize statewide infrastructure investments,
2414	including the acceleration of current projects, which are found
2415	by the Freight Stakeholders Task Force to be priority projects
2416	for the efficient movement of people and freight.
2417	(c)  Be developed in a manner that will assure maximum use
2418	of existing facilities and optimum integration and coordination
2419	of the various modes of transportation, including both
2420	government-owned and privately owned resources, in the most
2421	cost-effective manner possible.
2422	Section 69.  Subsection (2) of section 341.8225, Florida
2423	Statutes, is amended to read:
2424	341.8225  Department of Transportation sole governmental
2425	entity to acquire, construct, or operate high-speed rail
2426	projects; exception.-
2427	(2)  Local governmental entities, as defined in s.
2428	334.03(13)(14), may negotiate with the department for the
2429	design, right-of-way acquisition, and construction of any
2430	component of the high-speed rail system within areas of their
2431	respective jurisdictions or within counties with which they have
2432	interlocal agreements.
2433	Section 70.  Paragraph (a) of subsection (2) of section
2434	403.7211, Florida Statutes, is amended to read:
2435	403.7211  Hazardous waste facilities managing hazardous
2436	wastes generated offsite; federal facilities managing hazardous
2437	waste.-
2438	(2)  The department shall not issue any permit under s.
2439	403.722 for the construction, initial operation, or substantial
2440	modification of a facility for the disposal, storage, or
2441	treatment of hazardous waste generated offsite which is proposed
2442	to be located in any of the following locations:
2443	(a)  Any area where life-threatening concentrations of
2444	hazardous substances could accumulate at any residence or
2445	residential subdivision as the result of a catastrophic event at
2446	the proposed facility, unless each such residence or residential
2447	subdivision is served by at least one arterial road or urban
2448	minor arterial road, as determined under the procedures
2449	referenced in s. 334.03(9) defined in s. 334.03, which provides
2450	safe and direct egress by land to an area where such life-
2451	threatening concentrations of hazardous substances could not
2452	accumulate in a catastrophic event. Egress by any road leading
2453	from any residence or residential subdivision to any point
2454	located within 1,000 yards of the proposed facility is unsafe
2455	for the purposes of this paragraph. In determining whether
2456	egress proposed by the applicant is safe and direct, the
2457	department shall also consider, at a minimum, the following
2458	factors:
2459	1.  Natural barriers such as water bodies, and whether any
2460	road in the proposed evacuation route is impaired by a natural
2461	barrier such as a water body;
2462	2.  Potential exposure during egress and potential
2463	increases in the duration of exposure;
2464	3.  Whether any road in a proposed evacuation route passes
2465	in close proximity to the facility; and
2466	4.  Whether any portion of the evacuation route is
2467	inherently directed toward the facility.
2468
2469	For the purposes of this subsection, all distances shall be
2470	measured from the outer limit of the active hazardous waste
2471	management area. "Substantial modification" includes: any
2472	physical change in, change in the operations of, or addition to
2473	a facility which could increase the potential offsite impact, or
2474	risk of impact, from a release at that facility; and any change
2475	in permit conditions which is reasonably expected to lead to
2476	greater potential impacts or risks of impacts, from a release at
2477	that facility. "Substantial modification" does not include a
2478	change in operations, structures, or permit conditions which
2479	does not substantially increase either the potential impact
2480	from, or the risk of, a release. Physical or operational changes
2481	to a facility related solely to the management of nonhazardous
2482	waste at the facility shall not be considered a substantial
2483	modification. The department shall, by rule, adopt criteria to
2484	determine whether a facility has been substantially modified.
2485	"Initial operation" means the initial commencement of operations
2486	at the facility.
2487	Section 71.  Subsection (27) of section 479.01, Florida
2488	Statutes, is amended to read:
2489	479.01  Definitions.-As used in this chapter, the term:
2490	(27)  "Urban area" has the same meaning as defined in s.
2491	334.03(29).
2492	Section 72.  Subsection (1) of section 479.07, Florida
2493	Statutes, is amended to read:
2494	479.07  Sign permits.-
2495	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2496	person may not erect, operate, use, or maintain, or cause to be
2497	erected, operated, used, or maintained, any sign on the State
2498	Highway System outside an urban area, as defined in s.
2499	334.03(32), or on any portion of the interstate or federal-aid
2500	primary highway system without first obtaining a permit for the
2501	sign from the department and paying the annual fee as provided
2502	in this section. As used in this section, the term "on any
2503	portion of the State Highway System, interstate, or federal-aid
2504	primary system" means a sign located within the controlled area
2505	which is visible from any portion of the main-traveled way of
2506	such system.
2507	Section 73.  Subsection (5) of section 479.261, Florida
2508	Statutes, is amended to read:
2509	479.261  Logo sign program.-
2510	(5)  At a minimum, permit fees for businesses that
2511	participate in the program must be established in an amount
2512	sufficient to offset the total cost to the department for the
2513	program, including contract costs. The department shall provide
2514	the services in the most efficient and cost-effective manner
2515	through department staff or by contracting for some or all of
2516	the services. The department shall adopt rules that set
2517	reasonable rates based upon factors such as population, traffic
2518	volume, market demand, and costs for annual permit fees.
2519	However, annual permit fees for sign locations inside an urban
2520	area, as defined in s. 334.03(32), may not exceed $3,500, and
2521	annual permit fees for sign locations outside an urban area, as
2522	defined in s. 334.03(32), may not exceed $2,000. After
2523	recovering program costs, the proceeds from the annual permit
2524	fees shall be deposited into the State Transportation Trust Fund
2525	and used for transportation purposes.
2526	Section 74.  Except as otherwise expressly provided in this
2527	act and except for this section, which shall take effect upon
2528	this act becoming a law, this act shall take effect July 1,
2529	2011.

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