CS/CS/CS/HB 1363

A bill to be entitled
2An act relating to transportation; amending s. 120.80,
3F.S., relating to rulemaking; exempting the adjustment of
4tolls under specified provisions from provisions requiring
5a statement of estimated regulatory costs and a
6requirement for legislative ratification; amending s.
7316.091, F.S.; prohibiting use of human-powered vehicles
8on limited access highways and bridges; requiring the
9Department of Transportation to establish a pilot program
10to open certain limited access highways and bridges to
11bicycles and other human-powered vehicles; providing
12requirements for the pilot program; authorizing the
13department to continue or expand the program after the end
14of the pilot period; requiring a report to the Governor
15and the Legislature; amending s. 316.302, F.S.; exempting
16operators of farm labor vehicles from certain safety
17regulations under certain circumstances; amending s.
18331.303, F.S.; defining "spaceport launch support
19facilities"; amending s. 334.03, F.S.; revising
20definitions for purposes of the Florida Transportation
21Code; amending s. 334.044, F.S.; revising the powers and
22duties of the department relating to jurisdictional
23responsibility and designating facilities; revising the
24types of transportation projects for which landscaping
25materials must be purchased; limiting the amount of funds
26that may be allocated for such purchases; revising the
27department's duties related to agreements with Space
28Florida; amending s. 334.047, F.S.; removing a provision
29prohibiting the department from establishing a maximum
30number of miles of urban principal arterial roads within a
31district or county; amending s. 336.021, F.S.; revising
32the date when imposition of the ninth-cent fuel tax is to
33be levied; amending s. 336.025, F.S.; revising the dates
34when impositions or rate changes of the local option fuel
35tax are to be levied and when counties must notify the
36Department of Revenue of such rates or rate changes;
37revising the definition of "transportation expenditures";
38amending s. 337.111, F.S.; providing additional forms of
39security for the cost of removal of monuments or memorials
40or modifications to an installation site at highway rest
41areas; removing a provision requiring renewal of a bond;
42amending ss. 337.403 and 337.404, F.S.; revising
43provisions for alleviation of interference with a public
44road or publically owned rail corridor caused by a utility
45facility; requiring the utility owner to initiate and
46complete the work necessary within a certain time period;
47providing for notice to the utility; revising provisions
48for payment of costs; revising provisions for completion
49of work when the utility owner does not perform the work;
50amending s. 337.408, F.S.; revising provisions for certain
51facilities installed within the right-of-way limits of
52roads; requiring counties and municipalities to indemnify
53the department from certain claims relating to the
54installation, removal, or relocation of a noncompliant
55bench or shelter; authorizing the department to direct a
56county or municipality to remove or relocate a bus stop,
57bench, transit shelter, waste disposal receptacle, public
58pay telephone, or modular news rack that is not in
59compliance with applicable laws or rules; directing the
60department to remove or relocate such installation and
61charge the cost to the county or municipality; authorizing
62the department to deduct the cost from funding available
63to the municipality or county from the department;
64removing a provision for the replacement of an unusable
65transit bus bench that was in service before a certain
66date; revising the title of chapter 338, F.S.; repealing
67s. 338.001, F.S., relating to provisions for the Florida
68Intrastate Highway System Plan; amending s. 338.01, F.S.;
69including authority of the department in provisions for
70the establishment of limited access facilities; amending
71s. 339.155, F.S.; revising provisions for statewide
72transportation planning by the department; providing for
73federally required transportation planning factors;
74revising provisions for the Florida Transportation Plan;
75removing requirements that the plan include a long-range
76component and a short-range component; removing certain
77reporting requirements; revising requirements for public
78participation in the planning process; amending s.
79339.175, F.S.; providing that representatives of the
80department shall serve as nonvoting advisers to a
81metropolitan planning organization; authorizing the
82appointment of additional nonvoting advisers; amending s.
83339.63, F.S.; providing for inclusion of certain access
84facilities in the Strategic Intermodal System and the
85Emerging Strategic Intermodal System; amending s. 339.64,
86F.S.; revising provisions for development of the Strategic
87Intermodal System Plan; removing the Statewide Intermodal
88Transportation Advisory Council; creating s. 339.65, F.S.;
89providing for the department to plan and develop Strategic
90Intermodal System highway corridors; providing for
91allocations of funds on a specified basis; providing for
92corridor projects to be included in the department's
93adopted work program and changes to be a separate part of
94the tentative work program; amending s. 341.302, F.S.;
95providing for construction of safety measures along
96passenger rail corridors and improvements at intermodal
97stations; amending s. 348.0003, F.S.; revising financial
98disclosure requirements for certain transportation
99authorities; amending s. 349.03, F.S.; providing for
100financial disclosure requirements for the Jacksonville
101Transportation Authority; amending s. 349.04, F.S.;
102providing that the Jacksonville Transportation Authority
103may conduct meetings and workshops using communications
104media technology; providing that certain actions may not
105be taken unless a quorum is present in person; providing
106that members must be physically present to vote on any
107item; amending s. 373.413, F.S.; providing legislative
108intent regarding flexibility in the permitting of
109stormwater management systems; requiring the cost of
110stormwater treatment for a transportation project to be
111balanced with benefits to the public; absolving the
112Department of Transportation of responsibility for the
113abatement of pollutants entering its stormwater facilities
114from offsite sources and from updating permits for
115adjacent lands impacted by right-of-way acquisition;
116authorizing the water management districts and the
117Department of Environmental Protection to adopt rules;
118creating s. 479.075, F.S.; defining the terms "sign" and
119"sign permit fee"; establishing limitations on fees
120charged for sign permits; requiring a fee schedule to be
121based on actual costs; providing for effect with respect
122to any agreement, resolution, or ordinance; requiring
123removal of a sign to adhere to specified provisions;
124amending s. 479.106, F.S.; revising requirements for an
125application for a permit to remove, cut, or trim trees or
126vegetation around a sign; requiring that the application
127include a vegetation management plan, a mitigation
128contribution to a trust fund, or a combination of both;
129providing certain evaluation criteria; providing criteria
130for the use of herbicides; providing a time limit within
131which the Department of Transportation must act; providing
132that the permit is valid for 5 years; providing for an
133extension of the permit; reducing the number of
134nonconforming signs that must be removed before a permit
135may be issued for certain signs; providing criteria for
136view zones; requiring the department to provide notice to
137the sign owner of beautification projects or vegetation
138planting; amending s. 28, ch. 2008-174, Laws of Florida;
139revising the expiration of a pilot program that authorizes
140the Palm Beach County school district to recognize its
141business partners by displaying such business partners'
142names on school district property in unincorporated areas;
143designating Edna S. Hargrett-Thrower Avenue in Orange
144County; designating SP4 Thomas Berry Corbin Memorial
145Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr.
146Memorial Highway in Dixie County; designating Marine Lance
147Corporal Brian R. Buesing Memorial Highway, United States
148Army Sergeant Karl A. Campbell Memorial Highway, and U.S.
149Army SPC James A. Page Memorial Highway in Levy County;
150designating Veterans Memorial Highway in Putnam County;
151designating Ben G. Watts Highway in Washington County;
152designating Mardi Gras Way, West Park Boulevard, and
153Pembroke Park Boulevard in Broward County; designating
154Stark Memorial Drive and Duval County Law Enforcement
155Memorial Overpass in Duval County; designating Verna Bell
156Way in Nassau County; designating Deputy Hal P. Croft and
157Deputy Ronald Jackson Memorial Highway in Union County;
158designating Dr. Oscar Elias Biscet Boulevard in Miami-Dade
159County; designating Alma Lee Loy Bridge in Indian River
160County; amending ss. 24 and 45, ch. 2010-230, Laws of
161Florida; revising the designation for Miss Lillie Williams
162Boulevard and Father Gerard Jean-Juste Street in Miami-
163Dade County; directing the Department of Transportation to
164erect suitable markers; amending ss. 163.3180, 288.063,
165311.07, 311.09, 316.2122, 316.515, 336.01, 338.222,
166338.223, 338.2275, 338.228, 339.2819, 339.285, 341.8225,
167479.01, 479.07, and 479.261, F.S., relating to
168transportation concurrency, contracts, port facilities,
169Florida Seaport Transportation and Economic Development
170Council, low-speed vehicles and mini trucks, width and
171height limitations, the county road system, turnpike
172projects, revenue bonds, Transportation Regional Incentive
173Program, Enhanced Bridge Program for Sustainable
174Transportation, high-speed rail projects, outdoor
175advertising, sign permits, and the Logo sign program,
176respectively; revising cross-references; amending ss.
177163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
178341.053, and 403.7211, F.S., relating to comprehensive
179plans, traffic infractions, standards for lanes, services
180related to the financing of projects, concessions along
181the turnpike, components of the Strategic Intermodal
182System, Intermodal Development Program, and hazardous
183waste facilities, respectively; revising references to
184conform to the incorporation of the Florida Intrastate
185Highway System into the Strategic Intermodal System and to
186changes made by the act; providing effective dates.
188Be It Enacted by the Legislature of the State of Florida:
190     Section 1.  Subsection (17) is added to section 120.80,
191Florida Statutes, to read:
192     120.80  Exceptions and special requirements; agencies.-
193     (17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
194and 120.541 do not apply to the adjustment of tolls pursuant to
195s. 338.165(3).
196     Section 2.  Subsection (4) of section 316.091, Florida
197Statutes, is amended, present subsection (5) of that section is
198renumbered as subsection (6), and a new subsection (5) is added
199to that section, to read:
200     316.091  Limited access facilities; interstate highways;
201use restricted.-
202     (4)  No person shall operate a bicycle or other human-
203powered vehicle on the roadway or along the shoulder of a
204limited access highway, including bridges, unless official signs
205and a designated marked bicycle lane are present at the entrance
206of the section of highway indicating that such use is permitted
207pursuant to a pilot program of the Department of Transportation
208an interstate highway.
209     (5)  The Department of Transportation shall establish a 2-
210year pilot program, in three separate urban areas, in which it
211shall erect signs and designate marked bicycle lanes indicating
212highway approaches and bridge segments of limited access
213highways as open to use by operators of bicycles and other
214human-powered vehicles, under the following conditions:
215     (a)  The limited access highway approaches and bridge
216segments chosen must cross a river, lake, bay, inlet, or surface
217water where no street or highway crossing the water body is
218available for use within 2 miles of the entrance to the limited
219access facility measured along the shortest public right-of-way.
220     (b)  The Department of Transportation, with the concurrence
221of the Federal Highway Administration on the interstate
222facilities, shall establish the three highway approaches and
223bridge segments for the pilot project by October 1, 2011. In
224selecting the highway approaches and bridge segments, the
225Department of Transportation shall consider, without limitation,
226a minimum size of population in the urban area within 5 miles of
227the highway approach and bridge segment, the lack of bicycle
228access by other means, cost, safety, and operational impacts.
229     (c)  The Department of Transportation shall begin the pilot
230program by erecting signs and designating marked bicycle lanes
231indicating highway approaches and bridge segments of limited
232access highways, as qualified by the conditions described in
233this subsection, as open to use by operators of bicycles and
234other human-powered vehicles no later than January 1, 2012.
235     (d)  The Department of Transportation shall conduct the
236pilot program for a minimum of 2 years following the
237implementation date. The department may continue to provide
238bicycle access on the highway approaches and bridge segments
239chosen for the pilot program or initiate bicycle access on other
240limited access facilities after the end of the program.
241     (e)  The Department of Transportation shall submit a report
242of its findings and recommendations from the pilot program to
243the Governor, the President of the Senate, and the Speaker of
244the House of Representatives by September 1, 2014. The report
245shall include, at a minimum, bicycle crash data occurring in the
246designated segments of the pilot program, usage by operators of
247bicycles and other human-powered vehicles, enforcement issues,
248operational impacts, and the cost of the pilot program.
249     Section 3.  Paragraph (b) of subsection (2) of section
250316.302, Florida Statutes, is amended to read:
251     316.302  Commercial motor vehicles; safety regulations;
252transporters and shippers of hazardous materials; enforcement.-
253     (2)
254     (b)  Except as provided in 49 C.F.R. s. 395.1, a person who
255operates a commercial motor vehicle solely in intrastate
256commerce not transporting any hazardous material in amounts that
257require placarding pursuant to 49 C.F.R. part 172 may not drive:
258     1.  More than 12 hours following 10 consecutive hours off
259duty; or
260     2.  For any period after the end of the 16th hour after
261coming on duty following 10 consecutive hours off duty.
263The provisions of This paragraph does do not apply to operators
264of farm labor vehicles during a state of emergency declared by
265the Governor or under s. 570.07(21) or to drivers of utility
266service vehicles as defined in 49 C.F.R. s. 395.2.
267     Section 4.  Subsection (17) of section 331.303, Florida
268Statutes, is amended to read:
269     331.303  Definitions.-
270     (17)  "Spaceport launch support facilities" means
271industrial facilities as described in s. 380.0651(3)(c) and
272includes include any launch pad, launch control center, and
273fixed launch-support equipment, facilities located at launch
274sites or launch ranges that are required to support launch
275activities, including launch vehicle assembly, launch vehicle
276operations and control, communications, flight safety functions,
277and payload operations, control, and processing, as defined in
278chapter 84 of Title 15 of the United States Code, Commercial
279Space Competitiveness, 15 U.S.C. s. 5802, launch support
280infrastructure, and transportation infrastructure necessary to
281support space launch activities.
282     Section 5.  Section 334.03, Florida Statutes, is amended to
284     334.03  Definitions.-When used in the Florida
285Transportation Code, the term:
286     (1)(37)  "511" or "511 services" means three-digit
287telecommunications dialing to access interactive voice response
288telephone traveler information services provided in the state as
289defined by the Federal Communications Commission in FCC Order
290No. 00-256, July 31, 2000.
291     (1)  "Arterial road" means a route providing service which
292is relatively continuous and of relatively high traffic volume,
293long average trip length, high operating speed, and high
294mobility importance. In addition, every United States numbered
295highway is an arterial road.
296     (2)(2)  "Bridge" means a structure, including supports,
297erected over a depression or an obstruction, such as water or a
298highway or railway, and having a track or passageway for
299carrying traffic as defined in chapter 316 or other moving
301     (3)  "City street system" means all local roads within a
302municipality that were under the jurisdiction of that
303municipality on June 10, 1995; roads constructed by a
304municipality for that municipality's street system; roads
305completely within an area annexed by the municipality, unless
306otherwise provided by mutual consent; and roads transferred to
307the municipality's jurisdiction after June 10, 1995, by mutual
308consent with another governmental entity, but not roads so
309transferred from the municipality's jurisdiction, and all
310collector roads inside that municipality, which are not in the
311county road system.
312     (4)  "Collector road" means a route providing service which
313is of relatively moderate average traffic volume, moderately
314average trip length, and moderately average operating speed.
315Such a route also collects and distributes traffic between local
316roads or arterial roads and serves as a linkage between land
317access and mobility needs.
318     (4)(5)  "Commissioners" means the governing body of a
320     (5)(6)  "Consolidated metropolitan statistical area" means
321two or more metropolitan statistical areas that are socially and
322economically interrelated as defined by the United States Bureau
323of the Census.
324     (6)(7)  "Controlled access facility" means a street or
325highway to which the right of access is highly regulated by the
326governmental entity having jurisdiction over the facility in
327order to maximize the operational efficiency and safety of the
328high-volume through traffic utilizing the facility. Owners or
329occupants of abutting lands and other persons have a right of
330access to or from such facility at such points only and in such
331manner as may be determined by the governmental entity.
332     (7)(8)  "County road system" means all roads within a
333county that were under the jurisdiction of that county on June
33410, 1995; roads constructed by a county for that county's road
335system; and roads transferred to the county's jurisdiction after
336June 10, 1995, by mutual consent with another governmental
337entity, but, except as otherwise provided by mutual consent, not
338roads transferred from the county's jurisdiction by mutual
339consent or roads that are completely within an area annexed by a
340municipality collector roads in the unincorporated areas of a
341county and all extensions of such collector roads into and
342through any incorporated areas, all local roads in the
343unincorporated areas, and all urban minor arterial roads not in
344the State Highway System.
345     (8)(9)  "Department" means the Department of
347     (10)  "Florida Intrastate Highway System" means a system of
348limited access and controlled access facilities on the State
349Highway System which have the capacity to provide high-speed and
350high-volume traffic movements in an efficient and safe manner.
351     (9)(11)  "Functional classification" means the assignment
352of roads into systems according to the character of service they
353provide in relation to the total road network using procedures
354developed by the Federal Highway Administration. Basic
355functional categories include arterial roads, collector roads,
356and local roads which may be subdivided into principal, major,
357or minor levels. Those levels may be additionally divided into
358rural and urban categories.
359     (10)(12)  "Governmental entity" means a unit of government,
360or any officially designated public agency or authority of a
361unit of government, that has the responsibility for planning,
362construction, operation, or maintenance or jurisdiction over
363transportation facilities; the term includes the Federal
364Government, the state government, a county, an incorporated
365municipality, a metropolitan planning organization, an
366expressway or transportation authority, a road and bridge
367district, a special road and bridge district, and a regional
368governmental unit.
369     (11)(38)  "Interactive voice response" means a software
370application that accepts a combination of voice telephone input
371and touch-tone keypad selection and provides appropriate
372responses in the form of voice, fax, callback, e-mail, and other
374     (12)(13)  "Limited access facility" means a street or
375highway especially designed for through traffic, and over, from,
376or to which owners or occupants of abutting land or other
377persons have no right or easement of access, light, air, or view
378by reason of the fact that their property abuts upon such
379limited access facility or for any other reason. Such highways
380or streets may be facilities from which trucks, buses, and other
381commercial vehicles are excluded; or they may be facilities open
382to use by all customary forms of street and highway traffic.
383     (13)(14)  "Local governmental entity" means a unit of
384government with less than statewide jurisdiction, or any
385officially designated public agency or authority of such a unit
386of government, that has the responsibility for planning,
387construction, operation, or maintenance of, or jurisdiction
388over, a transportation facility; the term includes, but is not
389limited to, a county, an incorporated municipality, a
390metropolitan planning organization, an expressway or
391transportation authority, a road and bridge district, a special
392road and bridge district, and a regional governmental unit.
393     (15)  "Local road" means a route providing service which is
394of relatively low average traffic volume, short average trip
395length or minimal through-traffic movements, and high land
396access for abutting property.
397     (14)(16)  "Metropolitan area" means a geographic region
398comprising as a minimum the existing urbanized area and the
399contiguous area projected to become urbanized within a 20-year
400forecast period. The boundaries of a metropolitan area may be
401designated so as to encompass a metropolitan statistical area or
402a consolidated metropolitan statistical area. If a metropolitan
403area, or any part thereof, is located within a nonattainment
404area, the boundaries of the metropolitan area must be designated
405so as to include the boundaries of the entire nonattainment
406area, unless otherwise provided by agreement between the
407applicable metropolitan planning organization and the Governor.
408     (15)(17)  "Metropolitan statistical area" means an area
409that includes a municipality of 50,000 persons or more, or an
410urbanized area of at least 50,000 persons as defined by the
411United States Bureau of the Census, provided that the component
412county or counties have a total population of at least 100,000.
413     (16)(18)  "Nonattainment area" means an area designated by
414the United States Environmental Protection Agency, pursuant to
415federal law, as exceeding national primary or secondary ambient
416air quality standards for the pollutants carbon monoxide or
418     (17)(19)  "Periodic maintenance" means activities that are
419large in scope and require a major work effort to restore
420deteriorated components of the transportation system to a safe
421and serviceable condition, including, but not limited to, the
422repair of large bridge structures, major repairs to bridges and
423bridge systems, and the mineral sealing of lengthy sections of
425     (18)(20)  "Person" means any person described in s. 1.01 or
426any unit of government in or outside the state.
427     (19)(21)  "Right of access" means the right of ingress to a
428highway from abutting land and egress from a highway to abutting
430     (20)(22)  "Right-of-way" means land in which the state, the
431department, a county, or a municipality owns the fee or has an
432easement devoted to or required for use as a transportation
434     (21)(23)  "Road" means a way open to travel by the public,
435including, but not limited to, a street, highway, or alley. The
436term includes associated sidewalks, the roadbed, the right-of-
437way, and all culverts, drains, sluices, ditches, water storage
438areas, waterways, embankments, slopes, retaining walls, bridges,
439tunnels, and viaducts necessary for the maintenance of travel
440and all ferries used in connection therewith.
441     (22)(24)  "Routine maintenance" means minor repairs and
442associated tasks necessary to maintain a safe and efficient
443transportation system. The term includes: pavement patching;
444shoulder repair; cleaning and repair of drainage ditches,
445traffic signs, and structures; mowing; bridge inspection and
446maintenance; pavement striping; litter cleanup; and other
447similar activities.
448     (23)(25)  "State Highway System" means the following, which
449shall be facilities to which access is regulated:
450     (a)  the interstate system and all other roads within the
451state which were under the jurisdiction of the state on June 10,
4521995, and roads constructed by an agency of the state for the
453State Highway System, and roads transferred to the state's
454jurisdiction after that date by mutual consent with another
455governmental entity, but not roads so transferred from the
456state's jurisdiction. Such facilities shall be facilities to
457which access is regulated.;
458     (b)  All rural arterial routes and their extensions into
459and through urban areas;
460     (c)  All urban principal arterial routes; and
461     (d)  The urban minor arterial mileage on the existing State
462Highway System as of July 1, 1987, plus additional mileage to
463comply with the 2-percent requirement as described below.
465However, not less than 2 percent of the public road mileage of
466each urbanized area on record as of June 30, 1986, shall be
467included as minor arterials in the State Highway System.
468Urbanized areas not meeting the foregoing minimum requirement
469shall have transferred to the State Highway System additional
470minor arterials of the highest significance in which case the
471total minor arterials in the State Highway System from any
472urbanized area shall not exceed 2.5 percent of that area's total
473public urban road mileage.
474     (24)(26)  "State Park Road System" means roads embraced
475within the boundaries of state parks and state roads leading to
476state parks, other than roads of the State Highway System, the
477county road systems, or the city street systems.
478     (25)(27)  "State road" means a street, road, highway, or
479other way open to travel by the public generally and dedicated
480to the public use according to law or by prescription and
481designated by the department, as provided by law, as part of the
482State Highway System.
483     (26)(28)  "Structure" means a bridge, viaduct, tunnel,
484causeway, approach, ferry slip, culvert, toll plaza, gate, or
485other similar facility used in connection with a transportation
487     (27)(29)  "Sufficiency rating" means the objective rating
488of a road or section of a road for the purpose of determining
489its capability to serve properly the actual or anticipated
490volume of traffic using the road.
491     (28)(30)  "Transportation corridor" means any land area
492designated by the state, a county, or a municipality which is
493between two geographic points and which area is used or suitable
494for the movement of people and goods by one or more modes of
495transportation, including areas necessary for management of
496access and securing applicable approvals and permits.
497Transportation corridors shall contain, but are not limited to,
498the following:
499     (a)  Existing publicly owned rights-of-way;
500     (b)  All property or property interests necessary for
501future transportation facilities, including rights of access,
502air, view, and light, whether public or private, for the purpose
503of securing and utilizing future transportation rights-of-way,
504including, but not limited to, any lands reasonably necessary
505now or in the future for securing applicable approvals and
506permits, borrow pits, drainage ditches, water retention areas,
507rest areas, replacement access for landowners whose access could
508be impaired due to the construction of a future facility, and
509replacement rights-of-way for relocation of rail and utility
511     (29)(31)  "Transportation facility" means any means for the
512transportation of people or property from place to place which
513is constructed, operated, or maintained in whole or in part from
514public funds. The term includes the property or property rights,
515both real and personal, which have been or may be established by
516public bodies for the transportation of people or property from
517place to place.
518     (30)(32)  "Urban area" means a geographic region comprising
519as a minimum the area inside the United States Bureau of the
520Census boundary of an urban place with a population of 5,000 or
521more persons, expanded to include adjacent developed areas as
522provided for by Federal Highway Administration regulations.
523     (33)  "Urban minor arterial road" means a route that
524generally interconnects with and augments an urban principal
525arterial road and provides service to trips of shorter length
526and a lower level of travel mobility. The term includes all
527arterials not classified as "principal" and contain facilities
528that place more emphasis on land access than the higher system.
529     (31)(34)  "Urban place" means a geographic region composed
530of one or more contiguous census tracts that have been found by
531the United States Bureau of the Census to contain a population
532density of at least 1,000 persons per square mile.
533     (35)  "Urban principal arterial road" means a route that
534generally serves the major centers of activity of an urban area,
535the highest traffic volume corridors, and the longest trip
536purpose and carries a high proportion of the total urban area
537travel on a minimum of mileage. Such roads are integrated, both
538internally and between major rural connections.
539     (32)(36)  "Urbanized area" means a geographic region
540comprising as a minimum the area inside an urban place of 50,000
541or more persons, as designated by the United States Bureau of
542the Census, expanded to include adjacent developed areas as
543provided for by Federal Highway Administration regulations.
544Urban areas with a population of fewer than 50,000 persons which
545are located within the expanded boundary of an urbanized area
546are not separately recognized.
547     Section 6.  Subsections (11), (13), (26), and (33) of
548section 334.044, Florida Statutes, are amended to read:
549     334.044  Department; powers and duties.-The department
550shall have the following general powers and duties:
551     (11)  To establish a numbering system for public roads, and
552to functionally classify such roads, and to assign
553jurisdictional responsibility.
554     (13)  To designate existing and to plan proposed
555transportation facilities as part of the State Highway System,
556and to construct, maintain, and operate such facilities.
557     (26)  To provide for the enhancement of environmental
558benefits, including air and water quality; to prevent roadside
559erosion; to conserve the natural roadside growth and scenery;
560and to provide for the implementation and maintenance of
561roadside conservation, enhancement, and stabilization programs.
562No more less than 1.5 percent of the amount contracted for
563construction projects that add capacity to the existing system
564shall be allocated by the department for the purchase of plant
565materials., with, To the greatest extent practical, a minimum of
56650 percent of these funds shall be allocated for large plant
567materials and the remaining funds for other plant materials. All
568such plant materials shall be purchased from Florida commercial
569nursery stock in this state on a uniform competitive bid basis.
570The department will develop grades and standards for landscaping
571materials purchased through this process. To accomplish these
572activities, the department may contract with nonprofit
573organizations having the primary purpose of developing youth
574employment opportunities.
575     (33)  To enter into agreement with Space Florida to
576coordinate and cooperate in the development of spaceport
577infrastructure as defined in s. 331.303(10) and (17) and related
578transportation facilities contained in the Strategic Intermodal
579System Plan and, where appropriate, encourage the cooperation
580and integration of airports and spaceports in order to meet
581transportation-related needs.
582     Section 7.  Section 334.047, Florida Statutes, is amended
583to read:
584     334.047  Prohibition.-Notwithstanding any other provision
585of law to the contrary, the Department of Transportation may not
586establish a cap on the number of miles in the State Highway
587System or a maximum number of miles of urban principal arterial
588roads, as defined in s. 334.03, within a district or county.
589     Section 8.  Subsection (5) of section 336.021, Florida
590Statutes, is amended to read:
591     336.021  County transportation system; levy of ninth-cent
592fuel tax on motor fuel and diesel fuel.-
593     (5)  All impositions of the tax shall be levied before
594October 1 July 1 of each year to be effective January 1 of the
595following year. However, levies of the tax which were in effect
596on July 1, 2002, and which expire on August 31 of any year may
597be reimposed at the current authorized rate to be effective
598September 1 of the year of expiration. All impositions shall be
599required to end on December 31 of a year. A decision to rescind
600the tax shall not take effect on any date other than December 31
601and shall require a minimum of 60 days' notice to the department
602of such decision.
603     Section 9.  Paragraphs (a) and (b) of subsection (1),
604paragraph (a) of subsection (5), and paragraphs (d) and (e) of
605subsection (7) of section 336.025, Florida Statutes, are amended
606to read:
607     336.025  County transportation system; levy of local option
608fuel tax on motor fuel and diesel fuel.-
609     (1)(a)  In addition to other taxes allowed by law, there
610may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
6111-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
612fuel tax upon every gallon of motor fuel and diesel fuel sold in
613a county and taxed under the provisions of part I or part II of
614chapter 206.
615     1.  All impositions and rate changes of the tax shall be
616levied before October 1 July 1 to be effective January 1 of the
617following year for a period not to exceed 30 years, and the
618applicable method of distribution shall be established pursuant
619to subsection (3) or subsection (4). However, levies of the tax
620which were in effect on July 1, 2002, and which expire on August
62131 of any year may be reimposed at the current authorized rate
622effective September 1 of the year of expiration. Upon
623expiration, the tax may be relevied provided that a
624redetermination of the method of distribution is made as
625provided in this section.
626     2.  County and municipal governments shall utilize moneys
627received pursuant to this paragraph only for transportation
629     3.  Any tax levied pursuant to this paragraph may be
630extended on a majority vote of the governing body of the county.
631A redetermination of the method of distribution shall be
632established pursuant to subsection (3) or subsection (4), if,
633after July 1, 1986, the tax is extended or the tax rate changed,
634for the period of extension or for the additional tax.
635     (b)  In addition to other taxes allowed by law, there may
636be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
637cent, 4-cent, or 5-cent local option fuel tax upon every gallon
638of motor fuel sold in a county and taxed under the provisions of
639part I of chapter 206. The tax shall be levied by an ordinance
640adopted by a majority plus one vote of the membership of the
641governing body of the county or by referendum.
642     1.  All impositions and rate changes of the tax shall be
643levied before October 1 July 1, to be effective January 1 of the
644following year. However, levies of the tax which were in effect
645on July 1, 2002, and which expire on August 31 of any year may
646be reimposed at the current authorized rate effective September
6471 of the year of expiration.
648     2.  The county may, prior to levy of the tax, establish by
649interlocal agreement with one or more municipalities located
650therein, representing a majority of the population of the
651incorporated area within the county, a distribution formula for
652dividing the entire proceeds of the tax among county government
653and all eligible municipalities within the county. If no
654interlocal agreement is adopted before the effective date of the
655tax, tax revenues shall be distributed pursuant to the
656provisions of subsection (4). If no interlocal agreement exists,
657a new interlocal agreement may be established prior to June 1 of
658any year pursuant to this subparagraph. However, any interlocal
659agreement agreed to under this subparagraph after the initial
660levy of the tax or change in the tax rate authorized in this
661section shall under no circumstances materially or adversely
662affect the rights of holders of outstanding bonds which are
663backed by taxes authorized by this paragraph, and the amounts
664distributed to the county government and each municipality shall
665not be reduced below the amount necessary for the payment of
666principal and interest and reserves for principal and interest
667as required under the covenants of any bond resolution
668outstanding on the date of establishment of the new interlocal
670     3.  County and municipal governments shall use moneys
671received pursuant to this paragraph for transportation
672expenditures needed to meet the requirements of the capital
673improvements element of an adopted comprehensive plan or for
674expenditures needed to meet immediate local transportation
675problems and for other transportation-related expenditures that
676are critical for building comprehensive roadway networks by
677local governments. For purposes of this paragraph, expenditures
678for the construction of new roads, the reconstruction or
679resurfacing of existing paved roads, or the paving of existing
680graded roads shall be deemed to increase capacity and such
681projects shall be included in the capital improvements element
682of an adopted comprehensive plan. Expenditures for purposes of
683this paragraph shall not include routine maintenance of roads.
684     (5)(a)  By October 1 July 1 of each year, the county shall
685notify the Department of Revenue of the rate of the taxes levied
686pursuant to paragraphs (1)(a) and (b), and of its decision to
687rescind or change the rate of a tax, if applicable, and shall
688provide the department with a certified copy of the interlocal
689agreement established under subparagraph (1)(b)2. or
690subparagraph (3)(a)1. with distribution proportions established
691by such agreement or pursuant to subsection (4), if applicable.
692A decision to rescind a tax shall not take effect on any date
693other than December 31 and shall require a minimum of 60 days'
694notice to the Department of Revenue of such decision.
695     (7)  For the purposes of this section, "transportation
696expenditures" means expenditures by the local government from
697local or state shared revenue sources, excluding expenditures of
698bond proceeds, for the following programs:
699     (d)  Street lighting installation, operation, maintenance,
700and repair.
701     (e)  Traffic signs;, traffic engineering;, signalization
702installation, operation, maintenance, and repair; and pavement
704     Section 10.  Subsection (4) of section 337.111, Florida
705Statutes, is amended to read:
706     337.111  Contracting for monuments and memorials to
707military veterans at rest areas.-The Department of
708Transportation is authorized to enter into contract with any
709not-for-profit group or organization that has been operating for
710not less than 2 years for the installation of monuments and
711memorials honoring Florida's military veterans at highway rest
712areas around the state pursuant to the provisions of this
714     (4)  The group or organization making the proposal shall
715provide a 10-year bond, an annual renewable bond, an irrevocable
716letter of credit, or other form of security as approved by the
717department's comptroller, for the purpose of securing the cost
718of removal of the monument and any modifications made to the
719site as part of the placement of the monument should the
720Department of Transportation determine it necessary to remove or
721relocate the monument. Such removal or relocation shall be
722approved by the committee described in subsection (1). Prior to
723expiration, the bond shall be renewed for another 10-year period
724if the memorial is to remain in place.
725     Section 11.  Section 337.403, Florida Statutes, is amended
726to read:
727     337.403  Interference caused by Relocation of utility;
729     (1)  When a Any utility heretofore or hereafter placed
730upon, under, over, or along any public road or publicly owned
731rail corridor that is found by the authority to be unreasonably
732interfering in any way with the convenient, safe, or continuous
733use, or the maintenance, improvement, extension, or expansion,
734of such public road or publicly owned rail corridor, the utility
735owner shall, upon 30 days' written notice to the utility or its
736agent by the authority, initiate the work necessary to alleviate
737the interference be removed or relocated by such utility at its
738own expense except as provided in paragraphs (a)-(f). The work
739shall be completed within such reasonable time as stated in the
740notice or such time as agreed to by the authority and the
741utility owner.
742     (a)  If the relocation of utility facilities, as referred
743to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
744627 of the 84th Congress, is necessitated by the construction of
745a project on the federal-aid interstate system, including
746extensions thereof within urban areas, and the cost of the
747project is eligible and approved for reimbursement by the
748Federal Government to the extent of 90 percent or more under the
749Federal Aid Highway Act, or any amendment thereof, then in that
750event the utility owning or operating such facilities shall
751perform any necessary work relocate the facilities upon notice
752from order of the department, and the state shall pay the entire
753expense properly attributable to such work relocation after
754deducting therefrom any increase in the value of any the new
755facility and any salvage value derived from any the old
757     (b)  When a joint agreement between the department and the
758utility is executed for utility improvement, relocation, or
759removal work to be accomplished as part of a contract for
760construction of a transportation facility, the department may
761participate in those utility work improvement, relocation, or
762removal costs that exceed the department's official estimate of
763the cost of the work by more than 10 percent. The amount of such
764participation shall be limited to the difference between the
765official estimate of all the work in the joint agreement plus 10
766percent and the amount awarded for this work in the construction
767contract for such work. The department may not participate in
768any utility work improvement, relocation, or removal costs that
769occur as a result of changes or additions during the course of
770the contract.
771     (c)  When an agreement between the department and utility
772is executed for utility improvement, relocation, or removal work
773to be accomplished in advance of a contract for construction of
774a transportation facility, the department may participate in the
775cost of clearing and grubbing necessary to perform such work.
776     (d)  If the utility facility involved being removed or
777relocated was initially installed to exclusively serve the
778department, its tenants, or both, the department shall bear the
779costs of the utility work removing or relocating that utility
780facility. However, the department is not responsible for bearing
781the cost of utility work related to removing or relocating any
782subsequent additions to that facility for the purpose of serving
784     (e)  If, under an agreement between a utility and the
785authority entered into after July 1, 2009, the utility conveys,
786subordinates, or relinquishes a compensable property right to
787the authority for the purpose of accommodating the acquisition
788or use of the right-of-way by the authority, without the
789agreement expressly addressing future responsibility for the
790cost of necessary utility work removing or relocating the
791utility, the authority shall bear the cost of removal or
792relocation. This paragraph does not impair or restrict, and may
793not be used to interpret, the terms of any such agreement
794entered into before July 1, 2009.
795     (f)  If the utility is an electric facility being relocated
796underground in order to enhance vehicular, bicycle, and
797pedestrian safety and in which ownership of the electric
798facility to be placed underground has been transferred from a
799private to a public utility within the past 5 years, the
800department shall incur all costs of the necessary utility work
802     (2)  If such utility work removal or relocation is
803incidental to work to be done on such road or publicly owned
804rail corridor, the notice shall be given at the same time the
805contract for the work is advertised for bids, or no less than 30
806days prior to the commencement of such work by the authority,
807whichever is greater.
808     (3)  Whenever the notice from an order of the authority
809requires such utility work removal or change in the location of
810any utility from the right-of-way of a public road or publicly
811owned rail corridor, and the owner thereof fails perform the
812work to remove or change the same at his or her own expense to
813conform to the order within the time stated in the notice or
814such other time as agreed to by the authority and the utility
815owner, the authority shall proceed to cause the utility work to
816be performed to be removed. The expense thereby incurred shall
817be paid out of any money available therefor, and such expense
818shall, except as provided in subsection (1), be charged against
819the owner and levied and collected and paid into the fund from
820which the expense of such relocation was paid.
821     Section 12.  Subsection (1) of section 337.404, Florida
822Statutes, is amended to read:
823     337.404  Removal or relocation of utility facilities;
824notice and order; court review.-
825     (1)  Whenever it shall become necessary for the authority
826to perform utility work remove or relocate any utility as
827provided in s. 337.403 the preceding section, the owner of the
828utility, or the owner's chief agent, shall be given notice that
829the authority will perform of such work removal or relocation
830and, after the work is complete, shall be given an order
831requiring the payment of the cost thereof, and a shall be given
832reasonable time, which shall not be less than 20 nor more than
83330 days, in which to appear before the authority to contest the
834reasonableness of the order. Should the owner or the owner's
835representative not appear, the determination of the cost to the
836owner shall be final. Authorities considered agencies for the
837purposes of chapter 120 shall adjudicate removal or relocation
838of utilities pursuant to chapter 120.
839     Section 13.  Subsections (1) and (4) of section 337.408,
840Florida Statutes, are amended to read:
841     337.408  Regulation of bus stops, benches, transit
842shelters, street light poles, waste disposal receptacles, and
843modular news racks within rights-of-way.-
844     (1)  Benches or transit shelters, including advertising
845displayed on benches or transit shelters, may be installed
846within the right-of-way limits of any municipal, county, or
847state road, except a limited access highway, provided that such
848benches or transit shelters are for the comfort or convenience
849of the general public or are at designated stops on official bus
850routes and provided that written authorization has been given to
851a qualified private supplier of such service by the municipal
852government within whose incorporated limits such benches or
853transit shelters are installed or by the county government
854within whose unincorporated limits such benches or transit
855shelters are installed. A municipality or county may authorize
856the installation, without public bid, of benches and transit
857shelters together with advertising displayed thereon within the
858right-of-way limits of such roads. All installations shall be in
859compliance with all applicable laws and rules, including,
860without limitation, the Americans with Disabilities Act.
861Municipalities or counties shall indemnify, defend, and hold
862harmless the department from any suits, actions, proceedings,
863claims, losses, costs, charges, expenses, damages, liabilities,
864attorney fees, and court costs relating to the installation,
865removal, or relocation of such installations. Any contract for
866the installation of benches or transit shelters or advertising
867on benches or transit shelters which was entered into before
868April 8, 1992, without public bidding is ratified and affirmed.
869Such benches or transit shelters may not interfere with right-
870of-way preservation and maintenance. Any bench or transit
871shelter located on a sidewalk within the right-of-way limits of
872any road on the State Highway System or the county road system
873shall be located so as to leave at least 36 inches of clearance
874for pedestrians and persons in wheelchairs. Such clearance shall
875be measured in a direction perpendicular to the centerline of
876the road.
877     (4)  The department has the authority to direct the
878immediate relocation or removal of any bus stop, bench, transit
879shelter, waste disposal receptacle, public pay telephone, or
880modular news rack that endangers life or property, or that is
881otherwise not in compliance with applicable laws and rules,
882except that transit bus benches that were placed in service
883before April 1, 1992, are not required to comply with bench size
884and advertising display size requirements established by the
885department before March 1, 1992. If a municipality or county
886fails to comply with the department's direction, the department
887shall remove the noncompliant installation, charge the cost of
888the removal to the municipality or county, and may deduct or
889offset such cost from any other funding available to the
890municipality or county from the department. Any transit bus
891bench that was in service before April 1, 1992, may be replaced
892with a bus bench of the same size or smaller, if the bench is
893damaged or destroyed or otherwise becomes unusable. The
894department may adopt rules relating to the regulation of bench
895size and advertising display size requirements. If a
896municipality or county within which a bench is to be located has
897adopted an ordinance or other applicable regulation that
898establishes bench size or advertising display sign requirements
899different from requirements specified in department rule, the
900local government requirement applies within the respective
901municipality or county. Placement of any bench or advertising
902display on the National Highway System under a local ordinance
903or regulation adopted under this subsection is subject to
904approval of the Federal Highway Administration.
905     Section 14.  Chapter 338, Florida Statutes, is retitled
907     Section 15.  Section 338.001, Florida Statutes, is
909     Section 16.  Subsections (1) through (6) of section 338.01,
910Florida Statutes, are renumbered as subsections (2) through (7),
911respectively, and a new subsection (1) is added to that section
912to read:
913     338.01  Authority to establish and regulate limited access
915     (1)  The department is authorized to establish limited
916access facilities as provided in s. 335.02. The primary function
917of such limited access facilities is to allow high-speed and
918high-volume traffic movements within the state. Access to
919abutting land is subordinate to this function, and such access
920must be prohibited or highly regulated.
921     Section 17.  Section 339.155, Florida Statutes, is amended
922to read:
923     339.155  Transportation planning.-
924     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
925develop and annually update a statewide transportation plan, to
926be known as the Florida Transportation Plan. The plan shall be
927designed so as to be easily read and understood by the general
928public. The purpose of the Florida Transportation Plan is to
929establish and define the state's long-range transportation goals
930and objectives to be accomplished over a period of at least 20
931years within the context of the State Comprehensive Plan, and
932any other statutory mandates and authorizations and based upon
933the prevailing principles of: preserving the existing
934transportation infrastructure; enhancing Florida's economic
935competitiveness; and improving travel choices to ensure
936mobility. The Florida Transportation Plan shall consider the
937needs of the entire state transportation system and examine the
938use of all modes of transportation to effectively and
939efficiently meet such needs.
940     (2)  SCOPE OF PLANNING PROCESS.-The department shall carry
941out a transportation planning process in conformance with s.
942334.046(1) and 23 U.S.C. s. 135. which provides for
943consideration of projects and strategies that will:
944     (a)  Support the economic vitality of the United States,
945Florida, and the metropolitan areas, especially by enabling
946global competitiveness, productivity, and efficiency;
947     (b)  Increase the safety and security of the transportation
948system for motorized and nonmotorized users;
949     (c)  Increase the accessibility and mobility options
950available to people and for freight;
951     (d)  Protect and enhance the environment, promote energy
952conservation, and improve quality of life;
953     (e)  Enhance the integration and connectivity of the
954transportation system, across and between modes throughout
955Florida, for people and freight;
956     (f)  Promote efficient system management and operation; and
957     (g)  Emphasize the preservation of the existing
958transportation system.
959     (3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
960Transportation Plan shall be a unified, concise planning
961document that clearly defines the state's long-range
962transportation goals and objectives and documents the
963department's short-range objectives developed to further such
964goals and objectives. The plan shall:
965     (a)  Include a glossary that clearly and succinctly defines
966any and all phrases, words, or terms of art included in the
967plan, with which the general public may be unfamiliar. and shall
968consist of, at a minimum, the following components:
969     (b)(a)  Document A long-range component documenting the
970goals and long-term objectives necessary to implement the
971results of the department consistent with department's findings
972from its examination of the criteria listed in subsection (2)
973and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
975     (c)  Be developed in cooperation with the metropolitan
976planning organizations and reconciled, to the maximum extent
977feasible, with the long-range plans developed by metropolitan
978planning organizations pursuant to s. 339.175. The plan must
980     (d)  Be developed in consultation with affected local
981officials in nonmetropolitan areas and with any affected Indian
982tribal governments. The plan must
983     (e)  Provide an examination of transportation issues likely
984to arise during at least a 20-year period. The long-range
985component shall
986     (f)  Be updated at least once every 5 years, or more often
987as necessary, to reflect substantive changes to federal or state
989     (b)  A short-range component documenting the short-term
990objectives and strategies necessary to implement the goals and
991long-term objectives contained in the long-range component. The
992short-range component must define the relationship between the
993long-range goals and the short-range objectives, specify those
994objectives against which the department's achievement of such
995goals will be measured, and identify transportation strategies
996necessary to efficiently achieve the goals and objectives in the
997plan. It must provide a policy framework within which the
998department's legislative budget request, the strategic
999information resource management plan, and the work program are
1000developed. The short-range component shall serve as the
1001department's annual agency strategic plan pursuant to s.
1002186.021. The short-range component shall be developed consistent
1003with available and forecasted state and federal funds. The
1004short-range component shall also be submitted to the Florida
1005Transportation Commission.
1006     (4)  ANNUAL PERFORMANCE REPORT.-The department shall
1007develop an annual performance report evaluating the operation of
1008the department for the preceding fiscal year. The report shall
1009also include a summary of the financial operations of the
1010department and shall annually evaluate how well the adopted work
1011program meets the short-term objectives contained in the short-
1012range component of the Florida Transportation Plan. This
1013performance report shall be submitted to the Florida
1014Transportation Commission and the legislative appropriations and
1015transportation committees.
1017     (a)  Upon request by local governmental entities, the
1018department may in its discretion develop and design
1019transportation corridors, arterial and collector streets,
1020vehicular parking areas, and other support facilities which are
1021consistent with the plans of the department for major
1022transportation facilities. The department may render to local
1023governmental entities or their planning agencies such technical
1024assistance and services as are necessary so that local plans and
1025facilities are coordinated with the plans and facilities of the
1027     (b)  Each regional planning council, as provided for in s.
1028186.504, or any successor agency thereto, shall develop, as an
1029element of its strategic regional policy plan, transportation
1030goals and policies. The transportation goals and policies must
1031be prioritized to comply with the prevailing principles provided
1032in subsection (2) and s. 334.046(1). The transportation goals
1033and policies shall be consistent, to the maximum extent
1034feasible, with the goals and policies of the metropolitan
1035planning organization and the Florida Transportation Plan. The
1036transportation goals and policies of the regional planning
1037council will be advisory only and shall be submitted to the
1038department and any affected metropolitan planning organization
1039for their consideration and comments. Metropolitan planning
1040organization plans and other local transportation plans shall be
1041developed consistent, to the maximum extent feasible, with the
1042regional transportation goals and policies. The regional
1043planning council shall review urbanized area transportation
1044plans and any other planning products stipulated in s. 339.175
1045and provide the department and respective metropolitan planning
1046organizations with written recommendations which the department
1047and the metropolitan planning organizations shall take under
1048advisement. Further, the regional planning councils shall
1049directly assist local governments which are not part of a
1050metropolitan area transportation planning process in the
1051development of the transportation element of their comprehensive
1052plans as required by s. 163.3177.
1053     (c)  Regional transportation plans may be developed in
1054regional transportation areas in accordance with an interlocal
1055agreement entered into pursuant to s. 163.01 by two or more
1056contiguous metropolitan planning organizations; one or more
1057metropolitan planning organizations and one or more contiguous
1058counties, none of which is a member of a metropolitan planning
1059organization; a multicounty regional transportation authority
1060created by or pursuant to law; two or more contiguous counties
1061that are not members of a metropolitan planning organization; or
1062metropolitan planning organizations comprised of three or more
1064     (d)  The interlocal agreement must, at a minimum, identify
1065the entity that will coordinate the development of the regional
1066transportation plan; delineate the boundaries of the regional
1067transportation area; provide the duration of the agreement and
1068specify how the agreement may be terminated, modified, or
1069rescinded; describe the process by which the regional
1070transportation plan will be developed; and provide how members
1071of the entity will resolve disagreements regarding
1072interpretation of the interlocal agreement or disputes relating
1073to the development or content of the regional transportation
1074plan. Such interlocal agreement shall become effective upon its
1075recordation in the official public records of each county in the
1076regional transportation area.
1077     (e)  The regional transportation plan developed pursuant to
1078this section must, at a minimum, identify regionally significant
1079transportation facilities located within a regional
1080transportation area and contain a prioritized list of regionally
1081significant projects. The level-of-service standards for
1082facilities to be funded under this subsection shall be adopted
1083by the appropriate local government in accordance with s.
1084163.3180(10). The projects shall be adopted into the capital
1085improvements schedule of the local government comprehensive plan
1086pursuant to s. 163.3177(3).
1089     (a)  During the development of the long-range component of
1090the Florida Transportation Plan and prior to substantive
1091revisions, the department shall provide citizens, affected
1092public agencies, representatives of transportation agency
1093employees, other affected employee representatives, private
1094providers of transportation, and other known interested parties
1095with an opportunity to comment on the proposed plan or
1096revisions. These opportunities shall include, at a minimum,
1097publishing a notice in the Florida Administrative Weekly and
1098within a newspaper of general circulation within the area of
1099each department district office.
1100     (b)  During development of major transportation
1101improvements, such as those increasing the capacity of a
1102facility through the addition of new lanes or providing new
1103access to a limited or controlled access facility or
1104construction of a facility in a new location, the department
1105shall hold one or more hearings prior to the selection of the
1106facility to be provided; prior to the selection of the site or
1107corridor of the proposed facility; and prior to the selection of
1108and commitment to a specific design proposal for the proposed
1109facility. Such public hearings shall be conducted so as to
1110provide an opportunity for effective participation by interested
1111persons in the process of transportation planning and site and
1112route selection and in the specific location and design of
1113transportation facilities. The various factors involved in the
1114decision or decisions and any alternative proposals shall be
1115clearly presented so that the persons attending the hearing may
1116present their views relating to the decision or decisions which
1117will be made.
1118     (c)  Opportunity for design hearings:
1119     1.  The department, prior to holding a design hearing,
1120shall duly notify all affected property owners of record, as
1121recorded in the property appraiser's office, by mail at least 20
1122days prior to the date set for the hearing. The affected
1123property owners shall be:
1124     a.  Those whose property lies in whole or in part within
1125300 feet on either side of the centerline of the proposed
1127     b.  Those whom the department determines will be
1128substantially affected environmentally, economically, socially,
1129or safetywise.
1130     2.  For each subsequent hearing, the department shall
1131publish notice prior to the hearing date in a newspaper of
1132general circulation for the area affected. These notices must be
1133published twice, with the first notice appearing at least 15
1134days, but no later than 30 days, before the hearing.
1135     3.  A copy of the notice of opportunity for the hearing
1136must be furnished to the United States Department of
1137Transportation and to the appropriate departments of the state
1138government at the time of publication.
1139     4.  The opportunity for another hearing shall be afforded
1140in any case when proposed locations or designs are so changed
1141from those presented in the notices specified above or at a
1142hearing as to have a substantially different social, economic,
1143or environmental effect.
1144     5.  The opportunity for a hearing shall be afforded in each
1145case in which the department is in doubt as to whether a hearing
1146is required.
1147     Section 18.  Paragraph (a) of subsection (4) of section
1148339.175, 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
1152units of general-purpose local government as required by federal
1153rules and regulations, apportion the membership on the
1154applicable M.P.O. among the various governmental entities within
1155the area. At the request of a majority of the affected units of
1156general-purpose local government comprising an M.P.O., the
1157Governor and a majority of units of general-purpose local
1158government serving on an M.P.O. shall cooperatively agree upon
1159and prescribe who may serve as an alternate member and a method
1160for appointing alternate members who may vote at any M.P.O.
1161meeting that an alternate member attends in place of a regular
1162member. The method shall be set forth as a part of the
1163interlocal agreement describing the M.P.O.'s membership or in
1164the M.P.O.'s operating procedures and bylaws. The governmental
1165entity so designated shall appoint the appropriate number of
1166members to the M.P.O. from eligible officials. Representatives
1167of the department shall serve as nonvoting advisers to members
1168of the M.P.O. governing board. Additional nonvoting advisers may
1169be appointed by the M.P.O. as deemed necessary; however, to the
1170maximum extent feasible, each M.P.O. shall seek to appoint
1171nonvoting representatives of various multimodal forms of
1172transportation not otherwise represented by voting members of
1173the M.P.O. An M.P.O. shall appoint nonvoting advisers
1174representing major military installations located within the
1175jurisdictional boundaries of the M.P.O. upon the request of the
1176aforesaid major military installations and subject to the
1177agreement of the M.P.O. All nonvoting advisers may attend and
1178participate fully in governing board meetings but shall not have
1179a vote and shall not be members of the governing board. The
1180Governor shall review the composition of the M.P.O. membership
1181in conjunction with the decennial census as prepared by the
1182United States Department of Commerce, Bureau of the Census, and
1183reapportion it as necessary to comply with subsection (3).
1184     Section 19.  Subsection (2) of section 339.63, Florida
1185Statutes, is amended to read:
1186     339.63  System facilities designated; additions and
1188     (2)  The Strategic Intermodal System and the Emerging
1189Strategic Intermodal System include four three different types
1190of facilities that each form one component of an interconnected
1191transportation system which types include:
1192     (a)  Existing or planned hubs that are ports and terminals
1193including airports, seaports, spaceports, passenger terminals,
1194and rail terminals serving to move goods or people between
1195Florida regions or between Florida and other markets in the
1196United States and the rest of the world.;
1197     (b)  Existing or planned corridors that are highways, rail
1198lines, waterways, and other exclusive-use facilities connecting
1199major markets within Florida or between Florida and other states
1200or nations.; and
1201     (c)  Existing or planned intermodal connectors that are
1202highways, rail lines, waterways or local public transit systems
1203serving as connectors between the components listed in
1204paragraphs (a) and (b).
1205     (d)  Existing or planned military access facilities that
1206are highways or rail lines linking Strategic Intermodal System
1207corridors to the state's strategic military installations.
1208     Section 20.  Section 339.64, Florida Statutes, is amended
1209to read:
1210     339.64  Strategic Intermodal System Plan.-
1211     (1)  The department shall develop, in cooperation with
1212metropolitan planning organizations, regional planning councils,
1213local governments, the Statewide Intermodal Transportation
1214Advisory Council and other transportation providers, a Strategic
1215Intermodal System Plan. The plan shall be consistent with the
1216Florida Transportation Plan developed pursuant to s. 339.155 and
1217shall be updated at least once every 5 years, subsequent to
1218updates of the Florida Transportation Plan.
1219     (2)  In association with the continued development of the
1220Strategic Intermodal System Plan, the Florida Transportation
1221Commission, as part of its work program review process, shall
1222conduct an annual assessment of the progress that the department
1223and its transportation partners have made in realizing the goals
1224of economic development, improved mobility, and increased
1225intermodal connectivity of the Strategic Intermodal System. The
1226Florida Transportation Commission shall coordinate with the
1227department, the Statewide Intermodal Transportation Advisory
1228Council, and other appropriate entities when developing this
1229assessment. The Florida Transportation Commission shall deliver
1230a report to the Governor and Legislature no later than 14 days
1231after the regular session begins, with recommendations as
1232necessary to fully implement the Strategic Intermodal System.
1233     (3)(a)  During the development of updates to the Strategic
1234Intermodal System Plan, the department shall provide
1235metropolitan planning organizations, regional planning councils,
1236local governments, transportation providers, affected public
1237agencies, and citizens with an opportunity to participate in and
1238comment on the development of the update.
1239     (b)  The department also shall coordinate with federal,
1240regional, and local partners the planning for the Strategic
1241Highway Network and the Strategic Rail Corridor Network
1242transportation facilities that either are included in the
1243Strategic Intermodal System or that provide a direct connection
1244between military installations and the Strategic Intermodal
1245System. In addition, the department shall coordinate with
1246regional and local partners to determine whether the road and
1247other transportation infrastructure that connect military
1248installations to the Strategic Intermodal System, the Strategic
1249Highway Network, or the Strategic Rail Corridor is regionally
1250significant and should be included in the Strategic Intermodal
1251System Plan.
1252     (4)  The Strategic Intermodal System Plan shall include the
1254     (a)  A needs assessment.
1255     (b)  A project prioritization process.
1256     (c)  A map of facilities designated as Strategic Intermodal
1257System facilities; facilities that are emerging in importance
1258and that are likely to become part of the system in the future;
1259and planned facilities that will meet the established criteria.
1260     (d)  A finance plan based on reasonable projections of
1261anticipated revenues, including both 10-year and at least 20-
1262year cost-feasible components.
1263     (e)  An assessment of the impacts of proposed improvements
1264to Strategic Intermodal System corridors on military
1265installations that are either located directly on the Strategic
1266Intermodal System or located on the Strategic Highway Network or
1267Strategic Rail Corridor Network.
1269     (a)  The Statewide Intermodal Transportation Advisory
1270Council is created to advise and make recommendations to the
1271Legislature and the department on policies, planning, and
1272funding of intermodal transportation projects. The council's
1273responsibilities shall include:
1274     1.  Advising the department on the policies, planning, and
1275implementation of strategies related to intermodal
1277     2.  Providing advice and recommendations to the Legislature
1278on funding for projects to move goods and people in the most
1279efficient and effective manner for the State of Florida.
1280     (b)  MEMBERSHIP.-Members of the Statewide Intermodal
1281Transportation Advisory Council shall consist of the following:
1282     1.  Six intermodal industry representatives selected by the
1283Governor as follows:
1284     a.  One representative from an airport involved in the
1285movement of freight and people from their airport facility to
1286another transportation mode.
1287     b.  One individual representing a fixed-route, local-
1288government transit system.
1289     c.  One representative from an intercity bus company
1290providing regularly scheduled bus travel as determined by
1291federal 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
1295major military installation.
1296     2.  Three intermodal industry representatives selected by
1297the 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)
1300from the Atlantic Coast.
1301     c.  One representative from an airport involved in the
1302movement of freight and people from their airport facility to
1303another transportation mode.
1304     3.  Three intermodal industry representatives selected by
1305the 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)
1308from the Gulf Coast.
1309     c.  One representative from intermodal trucking companies.
1310In no event may this representative be employed by the same
1311company that employs the intermodal trucking company
1312representative selected by the Governor.
1313     (c)  Initial appointments to the council must be made no
1314later than 30 days after the effective date of this section.
1315     1.  The initial appointments made by the President of the
1316Senate and the Speaker of the House of Representatives shall
1317serve terms concurrent with those of the respective appointing
1318officer. Beginning January 15, 2005, and for all subsequent
1319appointments, council members appointed by the President of the
1320Senate and the Speaker of the House of Representatives shall
1321serve 2-year terms, concurrent with the term of the respective
1322appointing officer.
1323     2.  The initial appointees, and all subsequent appointees,
1324made by the Governor shall serve 2-year terms.
1325     3.  Vacancies on the council shall be filled in the same
1326manner as the initial appointments.
1327     (d)  Each member of the council shall be allowed one vote.
1328The council shall select a chair from among its membership.
1329Meetings shall be held at the call of the chair, but not less
1330frequently than quarterly. The members of the council shall be
1331reimbursed for per diem and travel expenses as provided in s.
1333     (e)  The department shall provide administrative staff
1334support and shall ensure that council meetings are
1335electronically recorded. Such recordings and all documents
1336received, prepared for, or used by the council in conducting its
1337business shall be preserved pursuant to chapters 119 and 257.
1338     Section 21.  Section 339.65, Florida Statutes, is created
1339to read:
1340     339.65  Strategic Intermodal System highway corridors.-
1341     (1)  The department shall plan and develop Strategic
1342Intermodal System highway corridors, including limited and
1343controlled access facilities, allowing for high-speed and high-
1344volume traffic movements within the state. The primary function
1345of these corridors is to provide such traffic movements. Access
1346to abutting land is subordinate to this function, and such
1347access must be prohibited or highly regulated.
1348     (2)  Strategic Intermodal System highway corridors shall
1349include facilities from the following components of the State
1350Highway System that meet the criteria adopted by the department
1351pursuant 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
1356previously upgraded or upgraded in the future to limited access
1357or controlled access facility standards.
1358     (e)  New limited access facilities necessary to complete a
1359balanced statewide system.
1360     (3)  The department shall adhere to the following policy
1361guidelines in the development of Strategic Intermodal System
1362highway corridors:
1363     (a)  Make capacity improvements to existing facilities
1364where feasible to minimize costs and environmental impacts.
1365     (b)  Identify appropriate arterial highways in major
1366transportation corridors for inclusion in a program to bring
1367these facilities up to limited access or controlled access
1368facility standards.
1369     (c)  Coordinate proposed projects with appropriate limited
1370access projects undertaken by expressway authorities and local
1371governmental entities.
1372     (d)  Maximize the use of limited access facility standards
1373when constructing new arterial highways.
1374     (e)  Identify appropriate new limited access highways for
1375inclusion as a part of the Florida Turnpike System.
1376     (f)  To the maximum extent feasible, ensure that proposed
1377projects are consistent with approved local government
1378comprehensive plans of the local jurisdictions in which such
1379facilities are to be located and with the transportation
1380improvement program of any metropolitan planning organization in
1381which such facilities are to be located.
1382     (4)  The department shall develop and maintain a plan of
1383Strategic Intermodal System highway corridor projects that are
1384anticipated to be let to contract for construction within a time
1385period of at least 20 years. The plan shall also identify when
1386segments of the corridor will meet the standards and criteria
1387developed pursuant to subsection (5).
1388     (5)  The department shall establish the standards and
1389criteria for the functional characteristics and design of
1390facilities proposed as part of Strategic Intermodal System
1391highway corridors.
1392     (6)  For the purposes of developing the proposed Strategic
1393Intermodal System highway corridors, beginning in fiscal year
13942003-2004 and for each fiscal year thereafter, the minimum
1395amount allocated shall be based on the fiscal year 2003-2004
1396allocation of $450 million adjusted annually by the change in
1397the Consumer Price Index for the prior fiscal year compared to
1398the Consumer Price Index for fiscal year 2003-2004.
1399     (7)  Any project to be constructed as part of a Strategic
1400Intermodal System highway corridor shall be included in the
1401department's adopted work program. Any Strategic Intermodal
1402System highway corridor projects that are added to or deleted
1403from the previous adopted work program, or any modification to
1404Strategic Intermodal System highway corridor projects contained
1405in the previous adopted work program, shall be specifically
1406identified and submitted as a separate part of the tentative
1407work program.
1408     Section 22.  Subsection (3) of section 341.302, Florida
1409Statutes, is amended to read:
1410     341.302  Rail program; duties and responsibilities of the
1411department.-The department, in conjunction with other
1412governmental entities, including the rail enterprise and the
1413private sector, shall develop and implement a rail program of
1414statewide application designed to ensure the proper maintenance,
1415safety, revitalization, and expansion of the rail system to
1416assure its continued and increased availability to respond to
1417statewide mobility needs. Within the resources provided pursuant
1418to chapter 216, and as authorized under federal law, the
1419department shall:
1420     (3)  Develop and periodically update the rail system plan,
1421on the basis of an analysis of statewide transportation needs.
1422     (a)  The plan may contain detailed regional components,
1423consistent with regional transportation plans, as needed to
1424ensure connectivity within the state's regions, and it shall be
1425consistent with the Florida Transportation Plan developed
1426pursuant to s. 339.155. The rail system plan shall include an
1427identification of priorities, programs, and funding levels
1428required to meet statewide and regional needs. The rail system
1429plan shall be developed in a manner that will assure the maximum
1430use of existing facilities and the optimum integration and
1431coordination of the various modes of transportation, public and
1432private, in the most cost-effective manner possible. The rail
1433system plan shall be updated no later than January 1, 2011, and
1434at least every 5 years thereafter, and include plans for both
1435passenger rail service and freight rail service, accompanied by
1436a report to the Legislature regarding the status of the plan.
1437     (b)  In recognition of the department's role in the
1438enhancement of the state's rail system to improve freight and
1439passenger mobility, the department shall:
1440     1.  Work closely with all affected communities along an
1441impacted freight rail corridor to identify and address
1442anticipated impacts associated with an increase in freight rail
1443traffic due to implementation of passenger rail.
1444     2.  In coordination with the affected local governments and
1445CSX Transportation, Inc., finalize all viable alternatives from
1446the department's Rail Traffic Evaluation Study to identify and
1447develop an alternative route for through freight rail traffic
1448moving through Central Florida, including the counties of Polk
1449and Hillsborough, which would address, to the extent
1450practicable, the effects of commuter rail.
1451     3.  Provide technical assistance to a coalition of local
1452governments in Central Florida, including the counties of
1453Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
1454Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
1455Sumter, and Volusia, and the municipalities within those
1456counties, to develop a regional rail system plan that addresses
1457passenger and freight opportunities in the region, is consistent
1458with the Florida Rail System Plan, and incorporates appropriate
1459elements of the Tampa Bay Area Regional Authority Master Plan,
1460the Metroplan Orlando Regional Transit System Concept Plan,
1461including the SunRail project, and the Florida Department of
1462Transportation Alternate Rail Traffic Evaluation.
1463     4.  Provide for, to the extent funds are available and
1464funding for high hazard grade crossing safety projects is not
1465adversely affected:
1466     a.  Construction of supplemental safety measures, known as
1467quadrant gates, as authorized by the Federal Railroad
1468Administration for quiet zone crossings, at any rail crossing
1469located along a passenger rail corridor and giving priority to
1470such projects in areas where a one-to-one local match is
1471available; and
1472     b.  Improvements at multimodal transportation centers, only
1473for the period of time that the passenger rail system is
1474operated and maintained by the department, that serve more than
1475one transportation mode, including, but not limited to, buses,
1476bicycles, and passenger rail, in an effort to maximize the
1477benefits of a passenger rail system. Priority shall be given to
1478multimodal transportation centers that have established the
1479regulatory framework for transit-oriented development in and
1480around its downtown service area.
1481     Section 23.  Paragraph (c) of subsection (4) of section
1482348.0003, Florida Statutes, is amended to read:
1483     348.0003  Expressway authority; formation; membership.-
1484     (4)
1485     (c)  Members of each expressway authority, transportation
1486authority, bridge authority, or toll authority, created pursuant
1487to this chapter, chapter 343, or chapter 349 or any other
1488general legislative enactment shall comply with the applicable
1489financial disclosure requirements of s. 8, Art. II of the State
1490Constitution. This paragraph does not subject any statutorily
1491created authority, other than an expressway authority created
1492under this part, to any other requirement of this part except
1493the requirement of this paragraph.
1494     Section 24.  Subsection (3) of section 349.03, Florida
1495Statutes, is amended to read:
1496     349.03  Jacksonville Transportation Authority.-
1497     (3)(a)  The terms of appointed members shall be for 4 years
1498deemed to have commenced on June 1 of the year in which they are
1499appointed. Each member shall hold office until a successor has
1500been appointed and has qualified. A vacancy during a term shall
1501be filled by the respective appointing authority only for the
1502balance of the unexpired term. Any member appointed to the
1503authority for two consecutive full terms shall not be eligible
1504for appointment to the next succeeding term. One of the members
1505so appointed shall be designated annually by the members as
1506chair of the authority, one member shall be designated annually
1507as the vice chair of the authority, one member shall be
1508designated annually as the secretary of the authority, and one
1509member shall be designated annually as the treasurer of the
1510authority. The members of the authority shall not be entitled to
1511compensation, but shall be reimbursed for travel expenses or
1512other expenses actually incurred in their duties as provided by
1513law. Four voting members of the authority shall constitute a
1514quorum, and no resolution adopted by the authority shall become
1515effective unless with the affirmative vote of at least four
1516members. Members of the authority shall file as their mandatory
1517financial disclosure a statement of financial interest with the
1518Commission on Ethics as provided in s. 112.3145(2)(b).
1519     (b)  The authority shall employ an executive director, and
1520the executive director may hire such staff, permanent or
1521temporary, as he or she may determine and may organize the staff
1522of the authority into such departments and units as he or she
1523may determine. The executive director may appoint department
1524directors, deputy directors, division chiefs, and staff
1525assistants to the executive director, as he or she may
1526determine. In so appointing the executive director, the
1527authority may fix the compensation of such appointee, who shall
1528serve at the pleasure of the authority. All employees of the
1529authority shall be exempt from the provisions of part II of
1530chapter 110. The authority may employ such financial advisers
1531and consultants, technical experts, engineers, and agents and
1532employees, permanent or temporary, as it may require and may fix
1533the compensation and qualifications of such persons, firms, or
1534corporations. The authority may delegate to one or more of its
1535agents or employees such of its powers as it shall deem
1536necessary to carry out the purposes of this chapter, subject
1537always to the supervision and control of the governing body of
1538the authority.
1539     Section 25.  Subsection (8) is added to section 349.04,
1540Florida Statutes, to read:
1541     349.04  Purposes and powers.-
1542     (8)  The authority may conduct public meetings and
1543workshops by means of communications media technology, as
1544provided in s. 120.54(5). However, a resolution, rule, or formal
1545action is not binding unless a quorum is physically present at
1546the noticed meeting location, and only members physically
1547present may vote on any item.
1548     Section 26.  Subsection (6) is added to section 373.413,
1549Florida Statutes, to read:
1550     373.413  Permits for construction or alteration.-
1551     (6)  It is the intent of the Legislature that the governing
1552board or department exercise flexibility in the permitting of
1553stormwater management systems associated with the construction
1554or alteration of systems serving state transportation projects
1555and facilities. Because of the unique limitations of linear
1556facilities, the governing board or department shall balance the
1557expenditure of public funds for stormwater treatment for state
1558transportation projects and facilities with the benefits to the
1559public in providing the most cost efficient and effective method
1560of achieving the treatment objectives. In consideration thereof,
1561the governing board or department shall allow alternatives to
1562onsite treatment, including, but not limited to, regional
1563stormwater treatment systems. The Department of Transportation
1564is responsible for treating stormwater generated from state
1565transportation projects but is not responsible for the abatement
1566of pollutants and flows entering its stormwater management
1567systems from offsite. However, this subsection does not prohibit
1568the Department of Transportation from receiving and managing
1569such pollutants and flows when it is found to be cost-effective
1570and prudent. Further, in association with rights-of-way
1571acquisition for state transportation projects, the Department of
1572Transportation is responsible for providing stormwater treatment
1573and attenuation for additional rights-of-way, but is not
1574responsible for modifying permits of adjacent lands when it is
1575not the permittee. To accomplish this, the governing board or
1576department shall adopt rules for these activities.
1577     Section 27.  Section 479.075, Florida Statutes, is created
1578to 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
1582defined in s. 479.01 or as defined by a local government
1583agreement, resolution, or ordinance.
1584     (b)  "Sign permit fee" means any payment required as a
1585condition for building, erecting, inspecting, renewing,
1586maintaining, operating, relocating, or reconstructing a sign or
1587required pursuant to any agreement, ordinance, or resolution
1588that includes any provision relating to the issuance of a sign
1589permit or otherwise authorizing the building, erection,
1590inspection, renewal, maintenance, operation, relocation, or
1591reconstruction of a sign.
1592     (2)  A local government may establish by agreement,
1593resolution, or ordinance a sign permit fee schedule and may
1594assess fees for sign permits. The fee schedule must be based on
1595the actual costs of administering its sign permitting program,
1596but may not exceed $500 per sign per year.
1597     (3)  This section does not affect the validity of any other
1598aspect of any agreement, resolution, or ordinance regarding
1599signs or require the removal of any sign or repayment of any
1600fees already paid. A local government that requires the removal
1601of a sign as the result of the adoption of this section must
1602adhere to the provision of s. 70.20(2).
1603     Section 28.  Section 479.106, Florida Statutes, is amended
1604to read:
1605     479.106  Vegetation management.-
1606     (1)  The removal, cutting, or trimming of trees or
1607vegetation on public right-of-way to make visible or to ensure
1608future visibility of the facing of a proposed sign or previously
1609permitted sign shall be performed only with the written
1610permission of the department in accordance with the provisions
1611of this section.
1612     (2)  Any person desiring to engage in the removal, cutting,
1613or trimming of trees or vegetation for the purposes herein
1614described shall apply for an appropriate permit by make written
1615application to the department. The application for a permit
1616shall include, at the election of the applicant, one of the
1618     (a)  A vegetation management plan consisting of a property
1619sketch indicating the onsite location of the vegetation or
1620individual trees to be removed, cut, or trimmed and describing
1621the existing conditions and proposed work to be accomplished.
1622     (b)  Mitigation contribution to the Federal Grants Trust
1623Fund pursuant to s. 589.277(2) using values of a wholesale plant
1624nursery registered with the Division of Plant Industry of the
1625Department of Agriculture and Consumer Services.
1626     (c)  A combination of both a vegetation management plan and
1627mitigation contribution the applicant's plan for the removal,
1628cutting, or trimming and for the management of any vegetation
1629planted as part of a mitigation plan.
1630     (3)  In evaluating a vegetation management plan or
1631mitigation contribution, the department As a condition of any
1632removal of trees or vegetation, and where the department deems
1633appropriate as a condition of any cutting or trimming, the
1634department may require a vegetation management plan, approved by
1635the department, which considers conservation and mitigation, or
1636contribution to a plan of mitigation, for the replacement of
1637such vegetation. Each plan or contribution shall reasonably
1638evaluate the application as it relates relate to the vegetation
1639being affected by the application, taking into consideration the
1640condition of such vegetation, and, where appropriate, require a
1641vegetation management plan to consider conservation and
1642mitigation, or a contribution to a plan of mitigation, for the
1643cutting or removal of such vegetation. The department may
1644approve shall include plantings that which will allow reasonable
1645visibility of sign facings while screening sign structural
1646supports. Only herbicides approved by the Department of
1647Agriculture and Consumer Services may be used in the removal of
1648vegetation. The department shall act on the application for
1649approval of vegetation management plans, or approval of
1650mitigation contribution, within 30 days after receipt of such
1651application. A permit issued in response to such application is
1652valid for 5 years, may be renewed for an additional 5 years by
1653payment of the applicable application fee, and is binding upon
1654the department. The department may establish special mitigation
1655programs for the beautification and aesthetic improvement of
1656designated areas and permit individual applicants to contribute
1657to such programs as a part or in lieu of other mitigation
1659     (4)  The department may establish an application fee not to
1660exceed $25 for each individual application to defer the costs of
1661processing such application and a fee not to exceed $200 to
1662defer the costs of processing an application for multiple sites.
1663     (5)  The department may only grant a permit pursuant to s.
1664479.07 for a new sign which requires the removal, cutting, or
1665trimming of existing trees or vegetation on public right-of-way
1666for the sign face to be visible from the highway when the sign
1667owner has removed one at least two nonconforming sign signs of
1668approximate comparable size and surrendered the permits for the
1669nonconforming signs to the department for cancellation. For
1670signs originally permitted after July 1, 1996, no permit for the
1671removal, cutting, or trimming of trees or vegetation shall be
1672granted where such trees or vegetation are part of a
1673beautification project implemented prior to the date of the
1674original sign permit application, when the beautification
1675project is specifically identified in the department's
1676construction plans, permitted landscape projects, or agreements.
1677     (6)  As a minimum, view zones shall be established along
1678the public rights-of-way of interstate highways, expressways,
1679federal-aid primary highways, and the State Highway System in
1680the state, excluding privately or other publicly owned property,
1681as follows:
1682     (a)  A view zone of 350 feet for posted speed limits of 35
1683miles per hour or less.
1684     (b)  A view zone of 500 feet for posted speed limits of
1685more than 35 miles per hour.
1687The established view zone shall be within the first 1,000 feet
1688measured along the edge of the pavement in the direction of
1689approaching traffic from a point on the edge of the pavement
1690perpendicular to the edge of the sign facing nearest the highway
1691and shall be continuous unless interrupted by vegetation that
1692has established historical significance, is protected by state
1693law, or has a circumference, measured at 4 and 1/2 feet above
1694grade, equal to or greater than 70 percent of the circumference
1695of the Florida Champion of the same species as listed in the
1696Florida Register of Big Trees of the Florida Native Plant
1697Society. The sign owner may designate the specific location of
1698the view zone for each sign facing. In the absence of such
1699designation, the established view zone shall be measured from
1700the sign along the edge of the pavement in the direction of
1701approaching traffic as provided in this subsection.
1702     (7)(6)  Beautification projects, trees, or other vegetation
1703shall not be planted or located in the view zone of legally
1704erected and permitted outdoor advertising signs which have been
1705permitted prior to the date of the beautification project or
1706other planting, where such planting will, at the time of
1707planting or after future growth, screen such sign from view. The
1708department shall provide written notice to the owner not less
1709than 90 days before commencing a beautification project or other
1710vegetation planting that may affect a sign, allowing such owner
1711not less than 60 days to designate the specific location of the
1712view zone of such affected sign. A sign owner is not required to
1713prepare a vegetation management plan or secure a vegetation
1714management permit for the implementation of beautification
1716     (a)  View zones are established along the public rights-of-
1717way of interstate highways, expressways, federal-aid primary
1718highways, and the State Highway System in the state, excluding
1719privately or other publicly owned property, as follows:
1720     1.  A view zone of 350 feet for posted speed limits of 35
1721miles per hour or less.
1722     2.  A view zone of 500 feet for posted speed limits of over
172335 miles per hour.
1724     (b)  The established view zone shall be within the first
17251,000 feet measured along the edge of the pavement in the
1726direction of approaching traffic from a point on the edge of the
1727pavement perpendicular to the edge of the sign facing nearest
1728the highway and shall be continuous unless interrupted by
1729existing, naturally occurring vegetation. The department and the
1730sign owner may enter into an agreement identifying the specific
1731location of the view zone for each sign facing. In the absence
1732of such agreement, the established view zone shall be measured
1733from the sign along the edge of the pavement in the direction of
1734approaching traffic as provided in this subsection.
1735     (a)(c)  If a sign owner alleges any governmental entity or
1736other party has violated this subsection, the sign owner must
1737provide 90 days' written notice to the governmental entity or
1738other party allegedly violating this subsection. If the alleged
1739violation is not cured by the governmental entity or other party
1740within the 90-day period, the sign owner may file a claim in the
1741circuit court where the sign is located. A copy of such
1742complaint shall be served contemporaneously upon the
1743governmental entity or other party. If the circuit court
1744determines a violation of this subsection has occurred, the
1745court shall award a claim for compensation equal to the lesser
1746of the revenue from the sign lost during the time of screening
1747or the fair market value of the sign, and the governmental
1748entity or other party shall pay the award of compensation
1749subject to available appeal. Any modification or removal of
1750material within a beautification project or other planting by
1751the governmental entity or other party to cure an alleged
1752violation shall not require the issuance of a permit from the
1753Department of Transportation provided not less than 48 hours'
1754notice is provided to the department of the modification or
1755removal of the material. A natural person, private corporation,
1756or private partnership licensed under part II of chapter 481
1757providing design services for beautification or other projects
1758shall not be subject to a claim of compensation under this
1759section when the initial project design meets the requirements
1760of this section.
1761     (b)(d)  This subsection shall not apply to the provisions
1762of any existing written agreement executed before July 1, 2006,
1763between any local government and the owner of an outdoor
1764advertising sign.
1765     (8)(7)  Any person engaging in removal, cutting, or
1766trimming of trees or vegetation in violation of this section or
1767benefiting from such actions shall be subject to an
1768administrative penalty of up to $1,000 and required to mitigate
1769for the unauthorized removal, cutting, or trimming in such
1770manner and in such amount as may be required under the rules of
1771the department.
1772     (9)(8)  The intent of this section is to create partnering
1773relationships which will have the effect of improving the
1774appearance of Florida's highways and creating a net increase in
1775the vegetative habitat along the roads. Department rules shall
1776encourage the use of plants which are low maintenance and native
1777to the general region in which they are planted.
1778     Section 29.  Effective upon this act becoming a law,
1779section 3 of chapter 2008-174, Laws of Florida, is amended to
1781     Section 3.  (1)  School districts are encouraged to enter
1782into partnerships with local businesses for purposes of
1783mentorship opportunities, the development of employment options
1784and additional funding sources, and other mutual benefits.
1785     (2)  As a pilot program through June 30, 2013 2011, the
1786Palm Beach County school district may recognize its business
1787partners by publicly displaying such business partners' names on
1788school district property in the unincorporated areas. "Project
1789Graduation" and athletic sponsorships are examples of
1790appropriate recognition. The district shall make every effort to
1791display its business partners' names in a manner that is
1792consistent with the county standards for uniformity in size,
1793color, and placement of signs. If the provisions of this section
1794are inconsistent with the county ordinances or regulations
1795relating to signs in the unincorporated areas or inconsistent
1796with chapter 125, chapter 166, or chapter 479, Florida Statutes,
1797the provisions of this section prevail.
1798     Section 30.  Edna S. Hargrett-Thrower Avenue designated;
1799Department of Transportation to erect suitable markers.-
1800     (1)  That portion of Orange Blossom Trail between Gore
1801Street and Church Street in Orange County is designated as "Edna
1802S. Hargrett-Thrower Avenue."
1803     (2)  The Department of Transportation is directed to erect
1804suitable markers designating Edna S. Hargrett-Thrower Avenue as
1805described in subsection (1).
1806     Section 31.  SP4 Thomas Berry Corbin Memorial Highway
1807designated; Department of Transportation to erect suitable
1809     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
1810between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1811Road/Kate Green Road in Dixie County is designated as "SP4
1812Thomas Berry Corbin Memorial Highway."
1813     (2)  The Department of Transportation is directed to erect
1814suitable markers designating SP4 Thomas Berry Corbin Memorial
1815Highway as described in subsection (1).
1816     Section 32.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1817Memorial Highway designated; Department of Transportation to
1818erect suitable markers.-
1819     (1)  That portion of U.S. Highway 19/98/State Road 55
1820between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1821170th Street in Dixie County is designated as "U.S. Navy BMC
1822Samuel Calhoun Chavous, Jr. Memorial Highway."
1823     (2)  The Department of Transportation is directed to erect
1824suitable markers designating U.S. Navy BMC Samuel Calhoun
1825Chavous, Jr. Memorial Highway as described in subsection (1).
1826     Section 33.  Marine Lance Corporal Brian R. Buesing
1827Memorial Highway designated; Department of Transportation to
1828erect suitable markers.-
1829     (1)  That portion of State Road 24 between County Road 347
1830and Bridge Number 340053 in Levy County is designated as "Marine
1831Lance Corporal Brian R. Buesing Memorial Highway."
1832     (2)  The Department of Transportation is directed to erect
1833suitable markers designating Marine Lance Corporal Brian R.
1834Buesing Memorial Highway as described in subsection (1).
1835     Section 34.  United States Army Sergeant Karl A. Campbell
1836Memorial Highway designated; Department of Transportation to
1837erect suitable markers.-
1838     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
1839Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1840County is designated as "United States Army Sergeant Karl A.
1841Campbell Memorial Highway."
1842     (2)  The Department of Transportation is directed to erect
1843suitable markers designating United States Army Sergeant Karl A.
1844Campbell Memorial Highway as described in subsection (1).
1845     Section 35.  U.S. Army SPC James A. Page Memorial Highway
1846designated; Department of Transportation to erect suitable
1848     (1)  That portion of U.S. Highway 27A/State Road
1849500/Hathaway Avenue between State Road 24/Thrasher Drive and
1850Town Court in Levy County is designated as "U.S. Army SPC James
1851A. Page Memorial Highway."
1852     (2)  The Department of Transportation is directed to erect
1853suitable markers designating U.S. Army SPC James A. Page
1854Memorial Highway as described in subsection (1).
1855     Section 36.  Veterans Memorial Highway designated;
1856Department of Transportation to erect suitable markers.-
1857     (1)  That portion of State Road 19 between U.S. Highway
185817/State Road 15 and Carriage Drive in the City of Palatka in
1859Putnam County is designated as "Veterans Memorial Highway."
1860     (2)  The Department of Transportation is directed to erect
1861suitable markers designating Veterans Memorial Highway as
1862described in subsection (1).
1863     Section 37.  Ben G. Watts Highway designated; Department of
1864Transportation to erect suitable markers.-
1865     (1)  That portion of U.S. Highway 90/State Road 10 between
1866the Holmes County line and the Jackson County line in Washington
1867County is designated as "Ben G. Watts Highway."
1868     (2)  The Department of Transportation is directed to erect
1869suitable markers designating Ben G. Watts Highway as described
1870in subsection (1).
1871     Section 38.  Mardi Gras Way designated; Department of
1872Transportation to erect suitable markers.-
1873     (1)  That portion of State Road 824 between Interstate 95
1874and U.S. Highway 1 in Broward County is designated as "Mardi
1875Gras Way."
1876     (2)  The Department of Transportation is directed to erect
1877suitable markers designating Mardi Gras Way as described in
1878subsection (1).
1879     Section 39.  West Park Boulevard designated; Department of
1880Transportation to erect suitable markers.-
1881     (1)  That portion of State Road 7 between Pembroke Road and
1882County Line Road in Broward County is designated as "West Park
1884     (2)  The Department of Transportation is directed to erect
1885suitable markers designating West Park Boulevard as described in
1886subsection (1).
1887     Section 40.  Pembroke Park Boulevard designated; Department
1888of Transportation to erect suitable markers.-
1889     (1)  That portion of State Road 858/Hallandale Beach
1890Boulevard between Interstate 95 and U.S. Highway 441/State Road
18917 in Broward County is designated as "Pembroke Park Boulevard."
1892     (2)  The Department of Transportation is directed to erect
1893suitable markers designating Pembroke Park Boulevard as
1894described in subsection (1).
1895     Section 41.  Stark Memorial Drive designated; Department of
1896Transportation to erect suitable markers.-
1897     (1)  That portion of State Road 101/Mayport Road between
1898State Road A1A and Wonderwood Connector in Duval County is
1899designated as "Stark Memorial Drive."
1900     (2)  The Department of Transportation is directed to erect
1901suitable markers designating Stark Memorial Drive as described
1902in subsection (1).
1903     Section 42.  Duval County Law Enforcement Memorial Overpass
1904designated; Department of Transportation to erect suitable
1906     (1)  The Interstate 295/State Road 9A overpass (Bridge
1907Numbers 720256 and 720347) over Interstate 10/State Road 8 in
1908Duval County is designated as "Duval County Law Enforcement
1909Memorial Overpass."
1910     (2)  The Department of Transportation is directed to erect
1911suitable markers designating Duval County Law Enforcement
1912Memorial Overpass as described in subsection (1).
1913     Section 43.  Verna Bell Way designated; Department of
1914Transportation to erect suitable markers.-
1915     (1)  That portion of State Road 200 between Lime Street and
1916Beech Street in the City of Fernandina Beach in Nassau County is
1917designated as "Verna Bell Way."
1918     (2)  The Department of Transportation is directed to erect
1919suitable markers designating Verna Bell Way as described in
1920subsection (1).
1921     Section 44.  Deputy Hal P. Croft and Deputy Ronald Jackson
1922Memorial Highway designated; Department of Transportation to
1923erect suitable markers.-
1924     (1)  That portion of State Road 100 East in Union County
1925between the Bradford County line and the Columbia County line is
1926designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
1927Memorial Highway."
1928     (2)  The Department of Transportation is directed to erect
1929suitable markers designating Deputy Hal P. Croft and Deputy
1930Ronald Jackson Memorial Highway as described in subsection (1).
1931     Section 45.  Dr. Oscar Elias Biscet Boulevard designated;
1932Department of Transportation to erect suitable markers.-
1933     (1)  That portion of Coral Way between S.W. 32nd Avenue and
1934S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1935Oscar Elias Biscet Boulevard."
1936     (2)  The Department of Transportation is directed to erect
1937suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1938described in subsection (1).
1939     Section 46.  Alma Lee Loy Bridge designated; Department of
1940Transportation to erect suitable markers.-
1941     (1)  Bridge Number 880077 on State Road 656 between State
1942Road A1A and Indian River Boulevard in the City of Vero Beach in
1943Indian River County is designated as "Alma Lee Loy Bridge."
1944     (2)  The Department of Transportation is directed to erect
1945suitable markers designating Alma Lee Loy Bridge as described
1946subsection (1).
1947     Section 47.  Section 24 of chapter 2010-230, Laws of
1948Florida, is amended to read:
1949     Section 24.  Miss Lillie Williams Boulevard designated;
1950Department of Transportation to erect suitable markers.-
1951     (1)  That portion of N.W. 79th Street between N.W. 6th
1952Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1953designated as "Miss Lillie Williams Boulevard."
1954     (2)  The Department of Transportation is directed to erect
1955suitable markers designating Miss Lillie Williams Boulevard as
1956described in subsection (1).
1957     Section 48.  Section 45 of chapter 2010-230, Laws of
1958Florida, is amended to read:
1959     Section 45.  Father Gerard Jean-Juste Street designated;
1960Department of Transportation to erect suitable markers.-
1961     (1)  That portion of N.W. 54th Street in Miami-Dade County
1962between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1963is designated "Father Gerard Jean-Juste Street."
1964     (2)  The Department of Transportation is directed to erect
1965suitable markers designating Father Gerard Jean-Juste Street as
1966described in subsection (1).
1967     Section 49.  Paragraph (a) of subsection (12) of section
1968163.3180, Florida Statutes, is amended to read:
1969     163.3180  Concurrency.-
1970     (12)(a)  A development of regional impact may satisfy the
1971transportation concurrency requirements of the local
1972comprehensive plan, the local government's concurrency
1973management system, and s. 380.06 by payment of a proportionate-
1974share contribution for local and regionally significant traffic
1975impacts, if:
1976     1.  The development of regional impact which, based on its
1977location or mix of land uses, is designed to encourage
1978pedestrian or other nonautomotive modes of transportation;
1979     2.  The proportionate-share contribution for local and
1980regionally significant traffic impacts is sufficient to pay for
1981one or more required mobility improvements that will benefit a
1982regionally significant transportation facility;
1983     3.  The owner and developer of the development of regional
1984impact pays or assures payment of the proportionate-share
1985contribution; and
1986     4.  If the regionally significant transportation facility
1987to be constructed or improved is under the maintenance authority
1988of a governmental entity, as defined by s. 334.03(12), other
1989than the local government with jurisdiction over the development
1990of regional impact, the developer is required to enter into a
1991binding and legally enforceable commitment to transfer funds to
1992the governmental entity having maintenance authority or to
1993otherwise assure construction or improvement of the facility.
1995The proportionate-share contribution may be applied to any
1996transportation facility to satisfy the provisions of this
1997subsection and the local comprehensive plan, but, for the
1998purposes of this subsection, the amount of the proportionate-
1999share contribution shall be calculated based upon the cumulative
2000number of trips from the proposed development expected to reach
2001roadways during the peak hour from the complete buildout of a
2002stage or phase being approved, divided by the change in the peak
2003hour maximum service volume of roadways resulting from
2004construction of an improvement necessary to maintain the adopted
2005level of service, multiplied by the construction cost, at the
2006time of developer payment, of the improvement necessary to
2007maintain the adopted level of service. For purposes of this
2008subsection, "construction cost" includes all associated costs of
2009the improvement. Proportionate-share mitigation shall be limited
2010to ensure that a development of regional impact meeting the
2011requirements of this subsection mitigates its impact on the
2012transportation system but is not responsible for the additional
2013cost of reducing or eliminating backlogs. This subsection also
2014applies to Florida Quality Developments pursuant to s. 380.061
2015and to detailed specific area plans implementing optional sector
2016plans pursuant to s. 163.3245.
2017     Section 50.  Paragraph (k) of subsection (1) of section
2018163.3187, Florida Statutes, is amended to read:
2019     163.3187  Amendment of adopted comprehensive plan.-
2020     (1)  Amendments to comprehensive plans adopted pursuant to
2021this part may be made not more than two times during any
2022calendar year, except:
2023     (k)  A local comprehensive plan amendment directly related
2024to providing transportation improvements to enhance life safety
2025on controlled access major arterial highways identified in the
2026Strategic Intermodal System Florida Intrastate Highway System,
2027in counties as defined in s. 125.011, where such roadways have a
2028high incidence of traffic accidents resulting in serious injury
2029or death. Any such amendment shall not include any amendment
2030modifying the designation on a comprehensive development plan
2031land use map nor any amendment modifying the allowable densities
2032or intensities of any land.
2033     Section 51.  Subsection (3) of section 288.063, Florida
2034Statutes, is amended to read:
2035     288.063  Contracts for transportation projects.-
2036     (3)  With respect to any contract executed pursuant to this
2037section, the term "transportation project" means a
2038transportation facility as defined in s. 334.03(31) which is
2039necessary in the judgment of the Office of Tourism, Trade, and
2040Economic Development to facilitate the economic development and
2041growth of the state. Except for applications received prior to
2042July 1, 1996, such transportation projects shall be approved
2043only as a consideration to attract new employment opportunities
2044to the state or expand or retain employment in existing
2045companies operating within the state, or to allow for the
2046construction or expansion of a state or federal correctional
2047facility in a county with a population of 75,000 or less that
2048creates new employment opportunities or expands or retains
2049employment in the county. The Office of Tourism, Trade, and
2050Economic Development shall institute procedures to ensure that
2051small and minority businesses have equal access to funding
2052provided under this section. Funding for approved transportation
2053projects may include any expenses, other than administrative
2054costs and equipment purchases specified in the contract,
2055necessary for new, or improvement to existing, transportation
2056facilities. Funds made available pursuant to this section may
2057not be expended in connection with the relocation of a business
2058from one community to another community in this state unless the
2059Office of Tourism, Trade, and Economic Development determines
2060that without such relocation the business will move outside this
2061state or determines that the business has a compelling economic
2062rationale for the relocation which creates additional jobs.
2063Subject to appropriation for projects under this section, any
2064appropriation greater than $10 million shall be allocated to
2065each of the districts of the Department of Transportation to
2066ensure equitable geographical distribution. Such allocated funds
2067that remain uncommitted by the third quarter of the fiscal year
2068shall be reallocated among the districts based on pending
2069project requests.
2070     Section 52.  Paragraph (b) of subsection (3) of section
2071311.07, Florida Statutes, is amended to read:
2072     311.07  Florida seaport transportation and economic
2073development funding.-
2074     (3)
2075     (b)  Projects eligible for funding by grants under the
2076program are limited to the following port facilities or port
2077transportation projects:
2078     1.  Transportation facilities within the jurisdiction of
2079the port.
2080     2.  The dredging or deepening of channels, turning basins,
2081or harbors.
2082     3.  The construction or rehabilitation of wharves, docks,
2083structures, jetties, piers, storage facilities, cruise
2084terminals, automated people mover systems, or any facilities
2085necessary or useful in connection with any of the foregoing.
2086     4.  The acquisition of vessel tracking systems, container
2087cranes, or other mechanized equipment used in the movement of
2088cargo 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
2091of existing port facilities.
2092     7.  Environmental protection projects which are necessary
2093because of requirements imposed by a state agency as a condition
2094of a permit or other form of state approval; which are necessary
2095for environmental mitigation required as a condition of a state,
2096federal, or local environmental permit; which are necessary for
2097the acquisition of spoil disposal sites and improvements to
2098existing and future spoil sites; or which result from the
2099funding of eligible projects listed in this paragraph.
2100     8.  Transportation facilities as defined in s. 334.03(31)
2101which are not otherwise part of the Department of
2102Transportation's adopted work program.
2103     9.  Seaport intermodal access projects identified in the 5-
2104year Florida Seaport Mission Plan as provided in s. 311.09(3).
2105     10.  Construction or rehabilitation of port facilities as
2106defined in s. 315.02, excluding any park or recreational
2107facilities, in ports listed in s. 311.09(1) with operating
2108revenues of $5 million or less, provided that such projects
2109create economic development opportunities, capital improvements,
2110and positive financial returns to such ports.
2111     Section 53.  Subsection (7) of section 311.09, Florida
2112Statutes, is amended to read:
2113     311.09  Florida Seaport Transportation and Economic
2114Development Council.-
2115     (7)  The Department of Transportation shall review the list
2116of projects approved by the council for consistency with the
2117Florida Transportation Plan and the department's adopted work
2118program. In evaluating the consistency of a project, the
2119department shall determine whether the transportation impact of
2120the proposed project is adequately handled by existing state-
2121owned transportation facilities or by the construction of
2122additional state-owned transportation facilities as identified
2123in the Florida Transportation Plan and the department's adopted
2124work program. In reviewing for consistency a transportation
2125facility project as defined in s. 334.03(31) which is not
2126otherwise part of the department's work program, the department
2127shall evaluate whether the project is needed to provide for
2128projected movement of cargo or passengers from the port to a
2129state transportation facility or local road. If the project is
2130needed to provide for projected movement of cargo or passengers,
2131the project shall be approved for consistency as a consideration
2132to facilitate the economic development and growth of the state
2133in a timely manner. The Department of Transportation shall
2134identify those projects which are inconsistent with the Florida
2135Transportation Plan and the adopted work program and shall
2136notify the council of projects found to be inconsistent.
2137     Section 54.  Section 316.2122, Florida Statutes, is amended
2138to read:
2139     316.2122  Operation of a low-speed vehicle or mini truck on
2140certain roadways.-The operation of a low-speed vehicle as
2141defined in s. 320.01(42) or a mini truck as defined in s.
2142320.01(45) on any road as defined in s. 334.03(15) or (33) is
2143authorized with the following restrictions:
2144     (1)  A low-speed vehicle or mini truck may be operated only
2145on streets where the posted speed limit is 35 miles per hour or
2146less. This does not prohibit a low-speed vehicle or mini truck
2147from crossing a road or street at an intersection where the road
2148or street has a posted speed limit of more than 35 miles per
2150     (2)  A low-speed vehicle must be equipped with headlamps,
2151stop lamps, turn signal lamps, taillamps, reflex reflectors,
2152parking brakes, rearview mirrors, windshields, seat belts, and
2153vehicle identification numbers.
2154     (3)  A low-speed vehicle or mini truck must be registered
2155and insured in accordance with s. 320.02 and titled pursuant to
2156chapter 319.
2157     (4)  Any person operating a low-speed vehicle or mini truck
2158must have in his or her possession a valid driver's license.
2159     (5)  A county or municipality may prohibit the operation of
2160low-speed vehicles or mini trucks on any road under its
2161jurisdiction if the governing body of the county or municipality
2162determines that such prohibition is necessary in the interest of
2164     (6)  The Department of Transportation may prohibit the
2165operation of low-speed vehicles or mini trucks on any road under
2166its jurisdiction if it determines that such prohibition is
2167necessary in the interest of safety.
2168     Section 55.  Paragraph (c) of subsection (5) of section
2169316.515, Florida Statutes, is amended to read:
2170     316.515  Maximum width, height, length.-
2173     (c)  The width and height limitations of this section do
2174not apply to farming or agricultural equipment, whether self-
2175propelled, pulled, or hauled, when temporarily operated during
2176daylight hours upon a public road that is not a limited access
2177facility as defined in s. 334.03(13), and the width and height
2178limitations may be exceeded by such equipment without a permit.
2179To be eligible for this exemption, the equipment shall be
2180operated within a radius of 50 miles of the real property owned,
2181rented, or leased by the equipment owner. However, equipment
2182being delivered by a dealer to a purchaser is not subject to the
218350-mile limitation. Farming or agricultural equipment greater
2184than 174 inches in width must have one warning lamp mounted on
2185each side of the equipment to denote the width and must have a
2186slow-moving vehicle sign. Warning lamps required by this
2187paragraph must be visible from the front and rear of the vehicle
2188and must be visible from a distance of at least 1,000 feet.
2189     Section 56.  Section 318.12, Florida Statutes, is amended
2190to read:
2191     318.12  Purpose.-It is the legislative intent in the
2192adoption of this chapter to decriminalize certain violations of
2193chapter 316, the Florida Uniform Traffic Control Law; chapter
2194320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
2195chapter 338, Limited Access Florida Intrastate Highway System
2196and Toll Facilities; and chapter 1006, Support of Learning,
2197thereby facilitating the implementation of a more uniform and
2198expeditious system for the disposition of traffic infractions.
2199     Section 57.  Subsection (3) of section 335.02, Florida
2200Statutes, is amended to read:
2201     335.02  Authority to designate transportation facilities
2202and rights-of-way and establish lanes; procedure for
2203redesignation and relocation; application of local regulations.-
2204     (3)  The department may establish standards for lanes on
2205the State Highway System, including the Strategic Intermodal
2206System highway corridors Florida Intrastate Highway System
2207established pursuant to s. 339.65 338.001. In determining the
2208number of lanes for any regional corridor or section of highway
2209on the State Highway System to be funded by the department with
2210state or federal funds, the department shall evaluate all
2211alternatives and seek to achieve the highest degree of efficient
2212mobility for corridor users. In conducting the analysis, the
2213department must give consideration to the following factors
2214consistent with sound engineering principles:
2215     (a)  Overall economic importance of the corridor as a trade
2216or tourism corridor.
2217     (b)  Safety of corridor users, including the importance of
2218the corridor for evacuation purposes.
2219     (c)  Cost-effectiveness of alternative methods of
2220increasing 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
2224increasing the efficiency of the corridor.
2225     (g)  Compliance with state and federal policies related to
2226clean air, environmental impacts, growth management, livable
2227communities, and energy conservation.
2228     (h)  Addition of special use lanes, such as exclusive truck
2229lanes, high-occupancy-vehicle toll lanes, and exclusive
2230interregional traffic lanes.
2231     (i)  Availability and cost of rights-of-way, including
2232associated costs, and the most effective use of existing rights-
2234     (j)  Regional economic and transportation objectives, where
2236     (k)  The future land use plan element of local government
2237comprehensive plans, as appropriate, including designated urban
2238infill and redevelopment areas.
2239     (l)  The traffic circulation element, if applicable, of
2240local government comprehensive plans, including designated
2241transportation corridors and public transportation corridors.
2242     (m)  The approved metropolitan planning organization's
2243long-range transportation plan, as appropriate.
2245This subsection does not preclude a number of lanes in excess of
224610 lanes, but an additional factor that must be considered
2247before the department may determine that the number of lanes
2248should be more than 10 is the capacity to accommodate in the
2249future alternative forms of transportation within existing or
2250potential rights-of-way.
2251     Section 58.  Section 336.01, Florida Statutes, is amended
2252to read:
2253     336.01  Designation of county road system.-The county road
2254system shall be as defined in s. 334.03(8).
2255     Section 59.  Subsection (2) of section 338.222, Florida
2256Statutes, is amended to read:
2257     338.222  Department of Transportation sole governmental
2258entity to acquire, construct, or operate turnpike projects;
2260     (2)  The department may contract with any local
2261governmental entity as defined in s. 334.03(13)(14) for the
2262design, right-of-way acquisition, or construction of any
2263turnpike project which the Legislature has approved. Local
2264governmental entities may negotiate with the department for the
2265design, right-of-way acquisition, and construction of any
2266section of the turnpike project within areas of their respective
2267jurisdictions or within counties with which they have interlocal
2269     Section 60.  Paragraph (b) of subsection (1) of section
2270338.223, Florida Statutes, is amended to read:
2271     338.223  Proposed turnpike projects.-
2272     (1)
2273     (b)  Any proposed turnpike project or improvement shall be
2274developed in accordance with the Florida Transportation Plan and
2275the work program pursuant to s. 339.135. Turnpike projects that
2276add capacity, alter access, affect feeder roads, or affect the
2277operation of the local transportation system shall be included
2278in the transportation improvement plan of the affected
2279metropolitan planning organization. If such turnpike project
2280does not fall within the jurisdiction of a metropolitan planning
2281organization, the department shall notify the affected county
2282and provide for public hearings in accordance with s.
2284     Section 61.  Subsection (4) of section 338.227, Florida
2285Statutes, is amended to read:
2286     338.227  Turnpike revenue bonds.-
2287     (4)  The Department of Transportation and the Department of
2288Management Services shall create and implement an outreach
2289program designed to enhance the participation of minority
2290persons and minority business enterprises in all contracts
2291entered into by their respective departments for services
2292related to the financing of department projects for the
2293Strategic Intermodal System Plan developed pursuant to s. 339.64
2294Florida Intrastate Highway System Plan. These services shall
2295include, but not be limited to, bond counsel and bond
2297     Section 62.  Subsection (2) of section 338.2275, Florida
2298Statutes, is amended to read:
2299     338.2275  Approved turnpike projects.-
2300     (2)  The department is authorized to use turnpike revenues,
2301the State Transportation Trust Fund moneys allocated for
2302turnpike projects pursuant to s. 339.65 s. 338.001, federal
2303funds, and bond proceeds, and shall use the most cost-efficient
2304combination of such funds, in developing a financial plan for
2305funding turnpike projects. The department must submit a report
2306of the estimated cost for each ongoing turnpike project and for
2307each planned project to the Legislature 14 days before the
2308convening of the regular legislative session. Verification of
2309economic feasibility and statements of environmental feasibility
2310for individual turnpike projects must be based on the entire
2311project as approved. Statements of environmental feasibility are
2312not required for those projects listed in s. 12, chapter 90-136,
2313Laws of Florida, for which the Project Development and
2314Environmental Reports were completed by July 1, 1990. All
2315required environmental permits must be obtained before the
2316department may advertise for bids for contracts for the
2317construction of any turnpike project.
2318     Section 63.  Section 338.228, Florida Statutes, is amended
2319to read:
2320     338.228  Bonds not debts or pledges of credit of state.-
2321Turnpike revenue bonds issued under the provisions of ss.
2322338.22-338.241 are not debts of the state or pledges of the
2323faith and credit of the state. Such bonds are payable
2324exclusively from revenues pledged for their payment. All such
2325bonds shall contain a statement on their face that the state is
2326not obligated to pay the same or the interest thereon, except
2327from the revenues pledged for their payment, and that the faith
2328and credit of the state is not pledged to the payment of the
2329principal or interest of such bonds. The issuance of turnpike
2330revenue bonds under the provisions of ss. 338.22-338.241 does
2331not directly, indirectly, or contingently obligate the state to
2332levy or to pledge any form of taxation whatsoever, or to make
2333any appropriation for their payment. Except as provided in ss.
2334338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2335be used on any turnpike project or to pay the principal or
2336interest of any bonds issued to finance or refinance any portion
2337of the turnpike system, and all such bonds shall contain a
2338statement on their face to this effect.
2339     Section 64.  Subsection (2) of section 338.234, Florida
2340Statutes, is amended to read:
2341     338.234  Granting concessions or selling along the turnpike
2342system; immunity from taxation.-
2343     (2)  The effectuation of the authorized purposes of the
2344Strategic Intermodal System, created under ss. 339.61-339.65,
2345Florida Intrastate Highway System and Florida Turnpike
2346Enterprise, created under this chapter, is for the benefit of
2347the people of the state, for the increase of their commerce and
2348prosperity, and for the improvement of their health and living
2349conditions; and, because the system and enterprise perform
2350essential government functions in effectuating such purposes,
2351neither the turnpike enterprise nor any nongovernment lessee or
2352licensee renting, leasing, or licensing real property from the
2353turnpike enterprise, pursuant to an agreement authorized by this
2354section, are required to pay any commercial rental tax imposed
2355under s. 212.031 on any capital improvements constructed,
2356improved, acquired, installed, or used for such purposes.
2357     Section 65.  Subsections (1) and (3) of section 339.2819,
2358Florida Statutes, are amended to read:
2359     339.2819  Transportation Regional Incentive Program.-
2360     (1)  There is created within the Department of
2361Transportation a Transportation Regional Incentive Program for
2362the purpose of providing funds to improve regionally significant
2363transportation facilities in regional transportation areas
2364created pursuant to s. 339.155(4)(5).
2365     (3)  The department shall allocate funding available for
2366the Transportation Regional Incentive Program to the districts
2367based on a factor derived from equal parts of population and
2368motor fuel collections for eligible counties in regional
2369transportation areas created pursuant to s. 339.155(4)(5).
2370     Section 66.  Subsection (6) of section 339.285, Florida
2371Statutes, is amended to read:
2372     339.285  Enhanced Bridge Program for Sustainable
2374     (6)  Preference shall be given to bridge projects located
2375on corridors that connect to the Strategic Intermodal System,
2376created under s. 339.64, and that have been identified as
2377regionally significant in accordance with s. 339.155(4)(5)(c),
2378(d), and (e).
2379     Section 67.  Section 339.62, Florida Statutes, is amended
2380to read:
2381     339.62  System components.-The Strategic Intermodal System
2382shall consist of appropriate components of:
2383     (1)  Highway corridors The Florida Intrastate Highway
2384System 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
2389terminals; and appropriate components of the State Highway
2390System, county road system, city street system, inland
2391waterways, and local public transit systems that serve as
2392existing or planned connectors between the components listed in
2393subsections (1)-(4).
2394     (6)  Other existing or planned corridors that serve a
2395statewide or interregional purpose.
2396     Section 68.  Subsection (2) of section 341.053, Florida
2397Statutes, is amended to read:
2398     341.053  Intermodal Development Program; administration;
2399eligible projects; limitations.-
2400     (2)  In recognition of the department's role in the
2401economic development of this state, the department shall develop
2402a proposed intermodal development plan to connect Florida's
2403airports, deepwater seaports, rail systems serving both
2404passenger and freight, and major intermodal connectors to the
2405Strategic Intermodal System highway corridors Florida Intrastate
2406Highway System facilities as the primary system for the movement
2407of people and freight in this state in order to make the
2408intermodal development plan a fully integrated and
2409interconnected system. The intermodal development plan must:
2410     (a)  Define and assess the state's freight intermodal
2411network, including airports, seaports, rail lines and terminals,
2412intercity bus lines and terminals, and connecting highways.
2413     (b)  Prioritize statewide infrastructure investments,
2414including the acceleration of current projects, which are found
2415by the Freight Stakeholders Task Force to be priority projects
2416for the efficient movement of people and freight.
2417     (c)  Be developed in a manner that will assure maximum use
2418of existing facilities and optimum integration and coordination
2419of the various modes of transportation, including both
2420government-owned and privately owned resources, in the most
2421cost-effective manner possible.
2422     Section 69.  Subsection (2) of section 341.8225, Florida
2423Statutes, is amended to read:
2424     341.8225  Department of Transportation sole governmental
2425entity to acquire, construct, or operate high-speed rail
2426projects; exception.-
2427     (2)  Local governmental entities, as defined in s.
2428334.03(13)(14), may negotiate with the department for the
2429design, right-of-way acquisition, and construction of any
2430component of the high-speed rail system within areas of their
2431respective jurisdictions or within counties with which they have
2432interlocal agreements.
2433     Section 70.  Paragraph (a) of subsection (2) of section
2434403.7211, Florida Statutes, is amended to read:
2435     403.7211  Hazardous waste facilities managing hazardous
2436wastes generated offsite; federal facilities managing hazardous
2438     (2)  The department shall not issue any permit under s.
2439403.722 for the construction, initial operation, or substantial
2440modification of a facility for the disposal, storage, or
2441treatment of hazardous waste generated offsite which is proposed
2442to be located in any of the following locations:
2443     (a)  Any area where life-threatening concentrations of
2444hazardous substances could accumulate at any residence or
2445residential subdivision as the result of a catastrophic event at
2446the proposed facility, unless each such residence or residential
2447subdivision is served by at least one arterial road or urban
2448minor arterial road, as determined under the procedures
2449referenced in s. 334.03(9) defined in s. 334.03, which provides
2450safe and direct egress by land to an area where such life-
2451threatening concentrations of hazardous substances could not
2452accumulate in a catastrophic event. Egress by any road leading
2453from any residence or residential subdivision to any point
2454located within 1,000 yards of the proposed facility is unsafe
2455for the purposes of this paragraph. In determining whether
2456egress proposed by the applicant is safe and direct, the
2457department shall also consider, at a minimum, the following
2459     1.  Natural barriers such as water bodies, and whether any
2460road in the proposed evacuation route is impaired by a natural
2461barrier such as a water body;
2462     2.  Potential exposure during egress and potential
2463increases in the duration of exposure;
2464     3.  Whether any road in a proposed evacuation route passes
2465in close proximity to the facility; and
2466     4.  Whether any portion of the evacuation route is
2467inherently directed toward the facility.
2469For the purposes of this subsection, all distances shall be
2470measured from the outer limit of the active hazardous waste
2471management area. "Substantial modification" includes: any
2472physical change in, change in the operations of, or addition to
2473a facility which could increase the potential offsite impact, or
2474risk of impact, from a release at that facility; and any change
2475in permit conditions which is reasonably expected to lead to
2476greater potential impacts or risks of impacts, from a release at
2477that facility. "Substantial modification" does not include a
2478change in operations, structures, or permit conditions which
2479does not substantially increase either the potential impact
2480from, or the risk of, a release. Physical or operational changes
2481to a facility related solely to the management of nonhazardous
2482waste at the facility shall not be considered a substantial
2483modification. The department shall, by rule, adopt criteria to
2484determine whether a facility has been substantially modified.
2485"Initial operation" means the initial commencement of operations
2486at the facility.
2487     Section 71.  Subsection (27) of section 479.01, Florida
2488Statutes, 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.
2492     Section 72.  Subsection (1) of section 479.07, Florida
2493Statutes, is amended to read:
2494     479.07  Sign permits.-
2495     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2496person may not erect, operate, use, or maintain, or cause to be
2497erected, operated, used, or maintained, any sign on the State
2498Highway System outside an urban area, as defined in s.
2499334.03(32), or on any portion of the interstate or federal-aid
2500primary highway system without first obtaining a permit for the
2501sign from the department and paying the annual fee as provided
2502in this section. As used in this section, the term "on any
2503portion of the State Highway System, interstate, or federal-aid
2504primary system" means a sign located within the controlled area
2505which is visible from any portion of the main-traveled way of
2506such system.
2507     Section 73.  Subsection (5) of section 479.261, Florida
2508Statutes, is amended to read:
2509     479.261  Logo sign program.-
2510     (5)  At a minimum, permit fees for businesses that
2511participate in the program must be established in an amount
2512sufficient to offset the total cost to the department for the
2513program, including contract costs. The department shall provide
2514the services in the most efficient and cost-effective manner
2515through department staff or by contracting for some or all of
2516the services. The department shall adopt rules that set
2517reasonable rates based upon factors such as population, traffic
2518volume, market demand, and costs for annual permit fees.
2519However, annual permit fees for sign locations inside an urban
2520area, as defined in s. 334.03(32), may not exceed $3,500, and
2521annual permit fees for sign locations outside an urban area, as
2522defined in s. 334.03(32), may not exceed $2,000. After
2523recovering program costs, the proceeds from the annual permit
2524fees shall be deposited into the State Transportation Trust Fund
2525and used for transportation purposes.
2526     Section 74.  Except as otherwise expressly provided in this
2527act and except for this section, which shall take effect upon
2528this act becoming a law, this act shall take effect July 1,

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