Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/CS/HB 7061, 1st Eng.
Ì588642:Î588642
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/2R .
03/10/2016 11:14 PM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (5) and (6) are added to section
6 311.12, Florida Statutes, to read:
7 311.12 Seaport security.—
8 (5) ADVISORY COMMITTEE.—
9 (a) There is created the Seaport Security Advisory
10 Committee, which shall be under the direction of the Florida
11 Seaport Transportation and Economic Development Council.
12 (b) The committee shall consist of the following members:
13 1. Five or more port security directors appointed by the
14 council chair shall serve as voting members. The council chair
15 shall designate one member of the committee to serve as
16 committee chair.
17 2. A designee from the United States Coast Guard shall
18 serve ex officio as a nonvoting member.
19 3. A designee from United States Customs and Border
20 Protection shall serve ex officio as a nonvoting member.
21 4. Two representatives from local law enforcement agencies
22 providing security services at a Florida seaport shall serve ex
23 officio as nonvoting members.
24 (c) The committee shall meet at the call of the chair but
25 at least annually. A majority of the voting members constitutes
26 a quorum for the purpose of transacting business of the
27 committee, and a vote of the majority of the voting members
28 present is required for official action by the committee.
29 (d) The committee shall provide a forum for discussion of
30 seaport security issues, including, but not limited to, matters
31 such as national and state security strategy and policy, actions
32 required to meet current and future security threats, statewide
33 cooperation on security issues, and security concerns of the
34 state’s maritime industry.
35 (6) GRANT PROGRAM.—
36 (a) The Florida Seaport Transportation and Economic
37 Development Council shall establish a Seaport Security Grant
38 Program for the purpose of assisting in the implementation of
39 security plans and security measures at the seaports listed in
40 s. 311.09(1). Funds may be used for the purchase of equipment,
41 infrastructure needs, cybersecurity programs, and other security
42 measures identified in a seaport’s approved federal security
43 plan. Such grants may not exceed 75 percent of the total cost of
44 the request and are subject to legislative appropriation.
45 (b) The Seaport Security Advisory Committee shall review
46 applications for the grant program and make recommendations to
47 the council for grant approvals. The council shall adopt by rule
48 criteria to implement this subsection.
49 Section 2. Section 316.003, Florida Statutes, is reordered
50 and amended to read:
51 316.003 Definitions.—The following words and phrases, when
52 used in this chapter, shall have the meanings respectively
53 ascribed to them in this section, except where the context
54 otherwise requires:
55 (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
56 department (fire patrol), police vehicles, and such ambulances
57 and emergency vehicles of municipal departments, public service
58 corporations operated by private corporations, the Fish and
59 Wildlife Conservation Commission, the Department of
60 Environmental Protection, the Department of Health, the
61 Department of Transportation, and the Department of Corrections
62 as are designated or authorized by their respective department
63 or the chief of police of an incorporated city or any sheriff of
64 any of the various counties.
65 (2)(90) AUTONOMOUS VEHICLE.—Any vehicle equipped with
66 autonomous technology. The term “autonomous technology” means
67 technology installed on a motor vehicle that has the capability
68 to drive the vehicle on which the technology is installed
69 without the active control or monitoring by a human operator.
70 The term excludes a motor vehicle enabled with active safety
71 systems or driver assistance systems, including, without
72 limitation, a system to provide electronic blind spot
73 assistance, crash avoidance, emergency braking, parking
74 assistance, adaptive cruise control, lane keep assistance, lane
75 departure warning, or traffic jam and queuing assistant, unless
76 any such system alone or in combination with other systems
77 enables the vehicle on which the technology is installed to
78 drive without the active control or monitoring by a human
79 operator.
80 (3)(2) BICYCLE.— Every vehicle propelled solely by human
81 power, and every motorized bicycle propelled by a combination of
82 human power and an electric helper motor capable of propelling
83 the vehicle at a speed of not more than 20 miles per hour on
84 level ground upon which any person may ride, having two tandem
85 wheels, and including any device generally recognized as a
86 bicycle though equipped with two front or two rear wheels. The
87 term does not include such a vehicle with a seat height of no
88 more than 25 inches from the ground when the seat is adjusted to
89 its highest position or a scooter or similar device. A No person
90 under the age of 16 may not operate or ride upon a motorized
91 bicycle.
92 (4)(63) BICYCLE PATH.—Any road, path, or way that is open
93 to bicycle travel, which road, path, or way is physically
94 separated from motorized vehicular traffic by an open space or
95 by a barrier and is located either within the highway right-of
96 way or within an independent right-of-way.
97 (5)(76) BRAKE HORSEPOWER.—The actual unit of torque
98 developed per unit of time at the output shaft of an engine, as
99 measured by a dynamometer.
100 (6)(3) BUS.—Any motor vehicle designed for carrying more
101 than 10 passengers and used for the transportation of persons
102 and any motor vehicle, other than a taxicab, designed and used
103 for the transportation of persons for compensation.
104 (7)(4) BUSINESS DISTRICT.—The territory contiguous to, and
105 including, a highway when 50 percent or more of the frontage
106 thereon, for a distance of 300 feet or more, is occupied by
107 buildings in use for business.
108 (8)(5) CANCELLATION.—Declaration of Cancellation means that
109 a license which was issued through error or fraud as is declared
110 void and terminated. A new license may be obtained only as
111 permitted in this chapter.
112 (9)(64) CHIEF ADMINISTRATIVE OFFICER.—The head, or his or
113 her designee, of any law enforcement agency which is authorized
114 to enforce traffic laws.
115 (10)(65) CHILD.—A child as defined in s. 39.01, s. 984.03,
116 or s. 985.03.
117 (11) COMMERCIAL MEGACYCLE.—A vehicle that has fully
118 operational pedals for propulsion entirely by human power and
119 meets all of the following requirements:
120 (a) Has four wheels and is operated in a manner similar to
121 a bicycle.
122 (b) Has at least five but no more than 15 seats for
123 passengers.
124 (c) Is primarily powered by pedaling but may have an
125 auxiliary motor capable of propelling the vehicle at no more
126 than 15 miles per hour.
127 (12)(66) COMMERCIAL MOTOR VEHICLE.—Any self-propelled or
128 towed vehicle used on the public highways in commerce to
129 transport passengers or cargo, if such vehicle:
130 (a) Has a gross vehicle weight rating of 10,000 pounds or
131 more;
132 (b) Is designed to transport more than 15 passengers,
133 including the driver; or
134 (c) Is used in the transportation of materials found to be
135 hazardous for the purposes of the Hazardous Materials
136 Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).
137
138 A vehicle that occasionally transports personal property to
139 and from a closed-course motorsport facility, as defined in s.
140 549.09(1)(a), is not a commercial motor vehicle if it is not
141 used for profit and corporate sponsorship is not involved. As
142 used in this subsection, the term “corporate sponsorship” means
143 a payment, donation, gratuity, in-kind service, or other benefit
144 provided to or derived by a person in relation to the underlying
145 activity, other than the display of product or corporate names,
146 logos, or other graphic information on the property being
147 transported.
148 (13)(67) COURT.—The court having jurisdiction over traffic
149 offenses.
150 (14)(6) CROSSWALK.—
151 (a) That part of a roadway at an intersection included
152 within the connections of the lateral lines of the sidewalks on
153 opposite sides of the highway, measured from the curbs or, in
154 the absence of curbs, from the edges of the traversable roadway.
155 (b) Any portion of a roadway at an intersection or
156 elsewhere distinctly indicated for pedestrian crossing by lines
157 or other markings on the surface.
158 (15)(7) DAYTIME.—The period from a half hour before sunrise
159 to a half hour after sunset. The term “nighttime” means at any
160 other hour.
161 (16)(8) DEPARTMENT.—The Department of Highway Safety and
162 Motor Vehicles as defined in s. 20.24. Any reference herein to
163 the Department of Transportation shall be construed as referring
164 to the Department of Transportation as, defined in s. 20.23, or
165 the appropriate division thereof.
166 (17)(9) DIRECTOR.—The Director of the Division of the
167 Florida Highway Patrol of the Department of Highway Safety and
168 Motor Vehicles.
169 (18)(10) DRIVER.—Any person who drives or is in actual
170 physical control of a vehicle on a highway or who is exercising
171 control of a vehicle or steering a vehicle being towed by a
172 motor vehicle.
173 (19) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
174 automation and safety technology that integrates sensor array,
175 wireless vehicle-to-vehicle communications, active safety
176 systems, and specialized software to link safety systems and
177 synchronize acceleration and braking between two vehicles while
178 leaving each vehicle’s steering control and systems command in
179 the control of the vehicle’s driver in compliance with the
180 National Highway Traffic Safety Administration rules regarding
181 vehicle-to-vehicle communications.
182 (20)(83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any
183 self-balancing, two-nontandem-wheeled device, designed to
184 transport only one person, with an electric propulsion system
185 with average power of 750 watts (1 horsepower), the maximum
186 speed of which, on a paved level surface when powered solely by
187 such a propulsion system while being ridden by an operator who
188 weighs 170 pounds, is less than 20 miles per hour. Electric
189 personal assistive mobility devices are not vehicles as defined
190 in this section.
191 (21)(11) EXPLOSIVE.—Any chemical compound or mechanical
192 mixture that is commonly used or intended for the purpose of
193 producing an explosion and which contains any oxidizing and
194 combustive units or other ingredients in such proportions,
195 quantities, or packing that an ignition by fire, friction,
196 concussion, percussion, or detonator of any part of the compound
197 or mixture may cause such a sudden generation of highly heated
198 gases that the resultant gaseous pressures are capable of
199 producing destructive effect on contiguous objects or of
200 destroying life or limb.
201 (22)(62) FARM LABOR VEHICLE.—Any vehicle equipped and used
202 for the transportation of nine or more migrant or seasonal farm
203 workers, in addition to the driver, to or from a place of
204 employment or employment-related activities. The term does not
205 include:
206 (a) Any vehicle carrying only members of the immediate
207 family of the owner or driver.
208 (b) Any vehicle being operated by a common carrier of
209 passengers.
210 (c) Any carpool as defined in s. 450.28(3).
211 (23)(12) FARM TRACTOR.—Any motor vehicle designed and used
212 primarily as a farm implement for drawing plows, mowing
213 machines, and other implements of husbandry.
214 (24)(13) FLAMMABLE LIQUID.—Any liquid which has a flash
215 point of 70 degrees Fahrenheit or less, as determined by a
216 Tagliabue or equivalent closed-cup test device.
217 (25)(68) GOLF CART.—A motor vehicle designed and
218 manufactured for operation on a golf course for sporting or
219 recreational purposes.
220 (26)(14) GROSS WEIGHT.—The weight of a vehicle without load
221 plus the weight of any load thereon.
222 (27)(69) HAZARDOUS MATERIAL.—Any substance or material
223 which has been determined by the secretary of the United States
224 Department of Transportation to be capable of imposing an
225 unreasonable risk to health, safety, and property. This term
226 includes hazardous waste as defined in s. 403.703(13).
227 (28)(15) HOUSE TRAILER.—
228 (a) A trailer or semitrailer which is designed,
229 constructed, and equipped as a dwelling place, living abode, or
230 sleeping place, (either permanently or temporarily,) and is
231 equipped for use as a conveyance on streets and highways;, or
232 (b) A trailer or a semitrailer the chassis and exterior
233 shell of which is designed and constructed for use as a house
234 trailer, as defined in paragraph (a), but which is used instead,
235 permanently or temporarily, for the advertising, sales, display,
236 or promotion of merchandise or services or for any other
237 commercial purpose except the transportation of property for
238 hire or the transportation of property for distribution by a
239 private carrier.
240 (29)(16) IMPLEMENT OF HUSBANDRY.—Any vehicle designed and
241 adapted exclusively for agricultural, horticultural, or
242 livestock-raising operations or for lifting or carrying an
243 implement of husbandry and in either case not subject to
244 registration if used upon the highways.
245 (30)(17) INTERSECTION.—
246 (a) The area embraced within the prolongation or connection
247 of the lateral curblines; or, if none, then the lateral boundary
248 lines of the roadways of two highways which join one another at,
249 or approximately at, right angles; or the area within which
250 vehicles traveling upon different highways joining at any other
251 angle may come in conflict.
252 (b) Where a highway includes two roadways 30 feet or more
253 apart, then every crossing of each roadway of such divided
254 highway by an intersecting highway shall be regarded as a
255 separate intersection. If the In the event such intersecting
256 highway also includes two roadways 30 feet or more apart, then
257 every crossing of two roadways of such highways shall be
258 regarded as a separate intersection.
259 (31)(18) LANED HIGHWAY.—A highway the roadway of which is
260 divided into two or more clearly marked lanes for vehicular
261 traffic.
262 (32)(19) LIMITED ACCESS FACILITY.—A street or highway
263 especially designed for through traffic and over, from, or to
264 which owners or occupants of abutting land or other persons have
265 no right or easement, or only a limited right or easement, of
266 access, light, air, or view by reason of the fact that their
267 property abuts upon such limited access facility or for any
268 other reason. Such highways or streets may be parkways from
269 which trucks, buses, and other commercial vehicles are excluded;
270 or they may be freeways open to use by all customary forms of
271 street and highway traffic.
272 (33)(20) LOCAL AUTHORITIES.—Includes All officers and
273 public officials of the several counties and municipalities of
274 this state.
275 (34)(91) LOCAL HEARING OFFICER.—The person, designated by a
276 department, county, or municipality that elects to authorize
277 traffic infraction enforcement officers to issue traffic
278 citations under s. 316.0083(1)(a), who is authorized to conduct
279 hearings related to a notice of violation issued pursuant to s.
280 316.0083. The charter county, noncharter county, or municipality
281 may use its currently appointed code enforcement board or
282 special magistrate to serve as the local hearing officer. The
283 department may enter into an interlocal agreement to use the
284 local hearing officer of a county or municipality.
285 (35)(80) MAXI-CUBE VEHICLE.—A specialized combination
286 vehicle consisting of a truck carrying a separable cargo
287 carrying unit combined with a semitrailer designed so that the
288 separable cargo-carrying unit is to be loaded and unloaded
289 through the semitrailer. The entire combination may not exceed
290 65 feet in length, and a single component of that combination
291 may not exceed 34 feet in length.
292 (36)(61) MIGRANT OR SEASONAL FARM WORKER.—Any person
293 employed in hand labor operations in planting, cultivation, or
294 harvesting agricultural crops.
295 (37)(77) MOPED.—Any vehicle with pedals to permit
296 propulsion by human power, having a seat or saddle for the use
297 of the rider and designed to travel on not more than three
298 wheels,; with a motor rated not in excess of 2 brake horsepower
299 and not capable of propelling the vehicle at a speed greater
300 than 30 miles per hour on level ground; and with a power-drive
301 system that functions directly or automatically without
302 clutching or shifting gears by the operator after the drive
303 system is engaged. If an internal combustion engine is used, the
304 displacement may not exceed 50 cubic centimeters.
305 (38)(86) MOTOR CARRIER TRANSPORTATION CONTRACT.—
306 (a) A contract, agreement, or understanding covering:
307 1. The transportation of property for compensation or hire
308 by the motor carrier;
309 2. Entrance on property by the motor carrier for the
310 purpose of loading, unloading, or transporting property for
311 compensation or hire; or
312 3. A service incidental to activity described in
313 subparagraph 1. or subparagraph 2., including, but not limited
314 to, storage of property.
315 (b) “Motor carrier transportation contract” does not
316 include the Uniform Intermodal Interchange and Facilities Access
317 Agreement administered by the Intermodal Association of North
318 America or other agreements providing for the interchange, use,
319 or possession of intermodal chassis, containers, or other
320 intermodal equipment.
321 (39)(21) MOTOR VEHICLE.—Except when used in s. 316.1001, a
322 self-propelled vehicle not operated upon rails or guideway, but
323 not including any bicycle, motorized scooter, electric personal
324 assistive mobility device, swamp buggy, or moped. For purposes
325 of s. 316.1001, “motor vehicle” has the same meaning as provided
326 in s. 320.01(1)(a).
327 (40)(22) MOTORCYCLE.—Any motor vehicle having a seat or
328 saddle for the use of the rider and designed to travel on not
329 more than three wheels in contact with the ground, but excluding
330 a tractor or a moped.
331 (41)(82) MOTORIZED SCOOTER.—Any vehicle not having a seat
332 or saddle for the use of the rider, designed to travel on not
333 more than three wheels, and not capable of propelling the
334 vehicle at a speed greater than 30 miles per hour on level
335 ground.
336 (42)(78) NONPUBLIC SECTOR BUS.—Any bus which is used for
337 the transportation of persons for compensation and which is not
338 owned, leased, operated, or controlled by a municipal, county,
339 or state government or a governmentally owned or managed
340 nonprofit corporation.
341 (43)(23) OFFICIAL TRAFFIC CONTROL DEVICES.—All signs,
342 signals, markings, and devices, not inconsistent with this
343 chapter, placed or erected by authority of a public body or
344 official having jurisdiction for the purpose of regulating,
345 warning, or guiding traffic.
346 (44)(24) OFFICIAL TRAFFIC CONTROL SIGNAL.—Any device,
347 whether manually, electrically, or mechanically operated, by
348 which traffic is alternately directed to stop and permitted to
349 proceed.
350 (45)(25) OPERATOR.—Any person who is in actual physical
351 control of a motor vehicle upon the highway, or who is
352 exercising control over or steering a vehicle being towed by a
353 motor vehicle.
354 (46)(26) OWNER.—A person who holds the legal title of a
355 vehicle. If, or, in the event a vehicle is the subject of an
356 agreement for the conditional sale or lease thereof with the
357 right of purchase upon performance of the conditions stated in
358 the agreement and with an immediate right of possession vested
359 in the conditional vendee or lessee, or if in the event a
360 mortgagor of a vehicle is entitled to possession, then such
361 conditional vendee, or lessee, or mortgagor shall be deemed the
362 owner, for the purposes of this chapter.
363 (47)(27) PARK OR PARKING.—The standing of a vehicle,
364 whether occupied or not occupied, otherwise than temporarily for
365 the purpose of and while actually engaged in loading or
366 unloading merchandise or passengers as may be permitted by law
367 under this chapter.
368 (48)(28) PEDESTRIAN.—Any person afoot.
369 (49)(29) PERSON.—Any natural person, firm, copartnership,
370 association, or corporation.
371 (50)(30) PNEUMATIC TIRE.—Any tire in which compressed air
372 is designed to support the load.
373 (51)(31) POLE TRAILER.—Any vehicle without motive power
374 designed to be drawn by another vehicle and attached to the
375 towing vehicle by means of a reach or pole, or by being boomed
376 or otherwise secured to the towing vehicle, and ordinarily used
377 for transporting long or irregularly shaped loads such as poles,
378 pipes, or structural members capable, generally, of sustaining
379 themselves as beams between the supporting connections.
380 (52)(32) POLICE OFFICER.—Any officer authorized to direct
381 or regulate traffic or to make arrests for violations of traffic
382 regulations, including Florida highway patrol officers,
383 sheriffs, deputy sheriffs, and municipal police officers.
384 (53)(33) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
385 provided in paragraph (75)(b) (53)(b), any privately owned way
386 or place used for vehicular travel by the owner and those having
387 express or implied permission from the owner, but not by other
388 persons.
389 (54)(34) RADIOACTIVE MATERIALS.—Any materials or
390 combination of materials which emit ionizing radiation
391 spontaneously in which the radioactivity per gram of material,
392 in any form, is greater than 0.002 microcuries.
393 (55)(35) RAILROAD.—A carrier of persons or property upon
394 cars operated upon stationary rails.
395 (56)(36) RAILROAD SIGN OR SIGNAL.—Any sign, signal, or
396 device erected by authority of a public body or official, or by
397 a railroad, and intended to give notice of the presence of
398 railroad tracks or the approach of a railroad train.
399 (57)(37) RAILROAD TRAIN.—A steam engine, electric or other
400 motor, with or without cars coupled thereto, operated upon
401 rails, except a streetcar.
402 (58)(38) RESIDENCE DISTRICT.—The territory contiguous to,
403 and including, a highway, not comprising a business district,
404 when the property on such highway, for a distance of 300 feet or
405 more, is, in the main, improved with residences or residences
406 and buildings in use for business.
407 (59)(39) REVOCATION.—Termination of Revocation means that a
408 licensee’s privilege to drive a motor vehicle is terminated. A
409 new license may be obtained only as permitted by law.
410 (60)(40) RIGHT-OF-WAY.—The right of one vehicle or
411 pedestrian to proceed in a lawful manner in preference to
412 another vehicle or pedestrian approaching under such
413 circumstances of direction, speed, and proximity as to give rise
414 to danger of collision unless one grants precedence to the
415 other.
416 (61)(41) ROAD TRACTOR.—Any motor vehicle designed and used
417 for drawing other vehicles and not so constructed as to carry
418 any load thereon, either independently or as any part of the
419 weight of a vehicle or load so drawn.
420 (62)(42) ROADWAY.—That portion of a highway improved,
421 designed, or ordinarily used for vehicular travel, exclusive of
422 the berm or shoulder. If In the event a highway includes two or
423 more separate roadways, the term “roadway” as used herein refers
424 to any such roadway separately, but not to all such roadways
425 collectively.
426 (63)(43) SADDLE MOUNT; FULL MOUNT.—An arrangement whereby
427 the front wheels of one vehicle rest in a secured position upon
428 another vehicle. All of the wheels of the towing vehicle are
429 upon the ground, and only the rear wheels of the towed vehicle
430 rest upon the ground. Such combinations may include one full
431 mount, whereby a smaller transport vehicle is placed completely
432 on the last towed vehicle.
433 (64)(44) SAFETY ZONE.—The area or space officially set
434 apart within a roadway for the exclusive use of pedestrians and
435 protected or so marked by adequate signs or authorized pavement
436 markings as to be plainly visible at all times while set apart
437 as a safety zone.
438 (65)(92) SANITATION VEHICLE.—A motor vehicle that bears an
439 emblem that is visible from the roadway and clearly identifies
440 that the vehicle belongs to or is under contract with a person,
441 entity, cooperative, board, commission, district, or unit of
442 local government that provides garbage, trash, refuse, or
443 recycling collection.
444 (66)(45) SCHOOL BUS.—Any motor vehicle that complies with
445 the color and identification requirements of chapter 1006 and is
446 used to transport children to or from public or private school
447 or in connection with school activities, but not including buses
448 operated by common carriers in urban transportation of school
449 children. The term “school” includes all preelementary,
450 elementary, secondary, and postsecondary schools.
451 (67)(46) SEMITRAILER.—Any vehicle with or without motive
452 power, other than a pole trailer, designed for carrying persons
453 or property and for being drawn by a motor vehicle and so
454 constructed that some part of its weight and that of its load
455 rests upon, or is carried by, another vehicle.
456 (68)(47) SIDEWALK.—That portion of a street between the
457 curbline, or the lateral line, of a roadway and the adjacent
458 property lines, intended for use by pedestrians.
459 (69)(48) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed
460 or used primarily for the transportation of persons or property
461 and only incidentally operated or moved over a highway,
462 including, but not limited to, ditchdigging apparatus, well
463 boring apparatus, and road construction and maintenance
464 machinery, such as asphalt spreaders, bituminous mixers, bucket
465 loaders, tractors other than truck tractors, ditchers, leveling
466 graders, finishing machines, motor graders, road rollers,
467 scarifiers, earthmoving carryalls and scrapers, power shovels
468 and draglines, and self-propelled cranes and earthmoving
469 equipment. The term does not include house trailers, dump
470 trucks, truck-mounted transit mixers, cranes or shovels, or
471 other vehicles designed for the transportation of persons or
472 property to which machinery has been attached.
473 (70)(49) STAND OR STANDING.—The halting of a vehicle,
474 whether occupied or not occupied, otherwise than temporarily,
475 for the purpose of, and while actually engaged in, receiving or
476 discharging passengers, as may be permitted by law under this
477 chapter.
478 (71)(50) STATE ROAD.—Any highway designated as a state
479 maintained road by the Department of Transportation.
480 (72)(51) STOP.—When required, complete cessation from
481 movement.
482 (73)(52) STOP OR STOPPING.—When prohibited, any halting,
483 even momentarily, of a vehicle, whether occupied or not
484 occupied, except when necessary to avoid conflict with other
485 traffic or to comply with the directions of a law enforcement
486 officer or traffic control sign or signal.
487 (74)(70) STRAIGHT TRUCK.—Any truck on which the cargo unit
488 and the motive power unit are located on the same frame so as to
489 form a single, rigid unit.
490 (75)(53) STREET OR HIGHWAY.—
491 (a) The entire width between the boundary lines of every
492 way or place of whatever nature when any part thereof is open to
493 the use of the public for purposes of vehicular traffic;
494 (b) The entire width between the boundary lines of any
495 privately owned way or place used for vehicular travel by the
496 owner and those having express or implied permission from the
497 owner, but not by other persons, or any limited access road
498 owned or controlled by a special district, whenever, by written
499 agreement entered into under s. 316.006(2)(b) or (3)(b), a
500 county or municipality exercises traffic control jurisdiction
501 over said way or place;
502 (c) Any area, such as a runway, taxiway, ramp, clear zone,
503 or parking lot, within the boundary of any airport owned by the
504 state, a county, a municipality, or a political subdivision,
505 which area is used for vehicular traffic but which is not open
506 for vehicular operation by the general public; or
507 (d) Any way or place used for vehicular traffic on a
508 controlled access basis within a mobile home park recreation
509 district which has been created under s. 418.30 and the
510 recreational facilities of which district are open to the
511 general public.
512 (76)(54) SUSPENSION.—Temporary withdrawal of a licensee’s
513 privilege to drive a motor vehicle.
514 (77)(89) SWAMP BUGGY.—A motorized off-road vehicle that is
515 designed or modified to travel over swampy or varied terrain and
516 that may use large tires or tracks operated from an elevated
517 platform. The term does not include any vehicle defined in
518 chapter 261 or otherwise defined or classified in this chapter.
519 (78)(81) TANDEM AXLE.—Any two axles the whose centers of
520 which are more than 40 inches but not more than 96 inches apart
521 and are individually attached to or articulated from, or both, a
522 common attachment to the vehicle, including a connecting
523 mechanism designed to equalize the load between axles.
524 (79)(71) TANDEM TRAILER TRUCK.—Any combination of a truck
525 tractor, semitrailer, and trailer coupled together so as to
526 operate as a complete unit.
527 (80)(72) TANDEM TRAILER TRUCK HIGHWAY NETWORK.—A highway
528 network consisting primarily of four or more lanes, including
529 all interstate highways; highways designated by the United
530 States Department of Transportation as elements of the National
531 Network; and any street or highway designated by the Florida
532 Department of Transportation for use by tandem trailer trucks,
533 in accordance with s. 316.515, except roads on which truck
534 traffic was specifically prohibited on January 6, 1983.
535 (81)(73) TERMINAL.—Any location where:
536 (a) Freight either originates, terminates, or is handled in
537 the transportation process; or
538 (b) Commercial motor carriers maintain operating
539 facilities.
540 (82)(55) THROUGH HIGHWAY.—Any highway or portion thereof on
541 which vehicular traffic is given the right-of-way and at the
542 entrances to which vehicular traffic from intersecting highways
543 is required to yield right-of-way to vehicles on such through
544 highway in obedience to either a stop sign or yield sign, or
545 otherwise in obedience to law.
546 (83)(56) TIRE WIDTH.—The Tire width is that width stated on
547 the surface of the tire by the manufacturer of the tire, if the
548 width stated does not exceed 2 inches more than the width of the
549 tire contacting the surface.
550 (84)(57) TRAFFIC.—Pedestrians, ridden or herded animals,
551 and vehicles, streetcars, and other conveyances either singly or
552 together while using any street or highway for purposes of
553 travel.
554 (85)(87) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
555 installed to work in conjunction with a traffic control signal
556 and a camera or cameras synchronized to automatically record two
557 or more sequenced photographic or electronic images or streaming
558 video of only the rear of a motor vehicle at the time the
559 vehicle fails to stop behind the stop bar or clearly marked stop
560 line when facing a traffic control signal steady red light. Any
561 notification under s. 316.0083(1)(b) or traffic citation issued
562 by the use of a traffic infraction detector must include a
563 photograph or other recorded image showing both the license tag
564 of the offending vehicle and the traffic control device being
565 violated.
566 (86)(84) TRAFFIC SIGNAL PREEMPTION SYSTEM.—Any system or
567 device with the capability of activating a control mechanism
568 mounted on or near traffic signals which alters a traffic
569 signal’s timing cycle.
570 (87)(58) TRAILER.—Any vehicle with or without motive power,
571 other than a pole trailer, designed for carrying persons or
572 property and for being drawn by a motor vehicle.
573 (88)(74) TRANSPORTATION.—The conveyance or movement of
574 goods, materials, livestock, or persons from one location to
575 another on any road, street, or highway open to travel by the
576 public.
577 (89)(88) TRI-VEHICLE.—An enclosed three-wheeled passenger
578 vehicle that:
579 (a) Is designed to operate with three wheels in contact
580 with the ground;
581 (b) Has a minimum unladen weight of 900 pounds;
582 (c) Has a single, completely enclosed, occupant
583 compartment;
584 (d) Is produced in a minimum quantity of 300 in any
585 calendar year;
586 (e) Is capable of a speed greater than 60 miles per hour on
587 level ground; and
588 (f) Is equipped with:
589 1. Seats that are certified by the vehicle manufacturer to
590 meet the requirements of Federal Motor Vehicle Safety Standard
591 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
592 2. A steering wheel used to maneuver the vehicle;
593 3. A propulsion unit located forward or aft of the enclosed
594 occupant compartment;
595 4. A seat belt for each vehicle occupant certified to meet
596 the requirements of Federal Motor Vehicle Safety Standard No.
597 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
598 5. A windshield and an appropriate windshield wiper and
599 washer system that are certified by the vehicle manufacturer to
600 meet the requirements of Federal Motor Vehicle Safety Standard
601 No. 205, “Glazing materials” (49 C.F.R. s. 571.205) and Federal
602 Motor Vehicle Safety Standard No. 104, “Windshield wiping and
603 washing systems” (49 C.F.R. s. 571.104); and
604 6. A vehicle structure certified by the vehicle
605 manufacturer to meet the requirements of Federal Motor Vehicle
606 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
607 s. 571.216).
608 (90)(59) TRUCK.—Any motor vehicle designed, used, or
609 maintained primarily for the transportation of property.
610 (91)(60) TRUCK TRACTOR.—Any motor vehicle designed and used
611 primarily for drawing other vehicles and not so constructed as
612 to carry a load other than a part of the weight of the vehicle
613 and load so drawn.
614 (92)(93) UTILITY SERVICE VEHICLE.—A motor vehicle that
615 bears an emblem that is visible from the roadway and clearly
616 identifies that the vehicle belongs to or is under contract with
617 a person, entity, cooperative, board, commission, district, or
618 unit of local government that provides electric, natural gas,
619 water, wastewater, cable, telephone, or communications services.
620 (93)(75) VEHICLE.—Every device, in, upon, or by which any
621 person or property is or may be transported or drawn upon a
622 highway, except excepting devices used exclusively upon
623 stationary rails or tracks.
624 (94)(85) VICTIM SERVICES PROGRAMS.—Any community-based
625 organization the whose primary purpose of which is to act as an
626 advocate for the victims and survivors of traffic crashes and
627 for their families. The victims services offered by these
628 programs may include grief and crisis counseling, assistance
629 with preparing victim compensation claims excluding third-party
630 legal action, or connecting persons with other service
631 providers, and providing emergency financial assistance.
632 (95)(79) WORK ZONE AREA.—The area and its approaches on any
633 state-maintained highway, county-maintained highway, or
634 municipal street where construction, repair, maintenance, or
635 other street-related or highway-related work is being performed
636 or where one or more lanes are is closed to traffic.
637 Section 3. Subsection (7) of section 316.0745, Florida
638 Statutes, is amended to read:
639 316.0745 Uniform signals and devices.—
640 (7) The Department of Transportation may, upon receipt and
641 investigation of reported noncompliance and is authorized, after
642 hearing pursuant to 14 days’ notice, to direct the removal of
643 any purported traffic control device that fails to meet the
644 requirements of this section, wherever the device is located and
645 without regard to assigned responsibility under s. 316.1895
646 which fails to meet the requirements of this section. The public
647 agency erecting or installing the same shall immediately bring
648 it into compliance with the requirements of this section or
649 remove said device or signal upon the direction of the
650 Department of Transportation and may not, for a period of 5
651 years, install any replacement or new traffic control devices
652 paid for in part or in full with revenues raised by the state
653 unless written prior approval is received from the Department of
654 Transportation. Any additional violation by a public body or
655 official shall be cause for the withholding of state funds for
656 traffic control purposes until such public body or official
657 demonstrates to the Department of Transportation that it is
658 complying with this section.
659 Section 4. Section 316.2069, Florida Statutes, is created
660 to read:
661 316.2069 Commercial Megacycles.—The governing body of a
662 municipality, or the governing board of a county with respect to
663 an unincorporated portion of the county, may authorize the
664 operation of a commercial megacycle on roads or streets within
665 the respective jurisdictions if the requirements of subsections
666 (1) through (3) are met:
667 (1) Prior to authorizing such operation, the responsible
668 local governmental entity must first determine that commercial
669 megacycles may safely travel on or cross the public road or
670 street, considering factors including, but not limited to, the
671 speed, volume, and character of motor vehicle traffic using the
672 road or street. Upon such determination, the responsible
673 governmental entity shall post appropriate signs to indicate
674 that such operation is allowed.
675 (2) The authorization by the governing body must clearly
676 identify the roads or streets under the governing body’s
677 jurisdiction on or across which operation of commercial
678 megacycles is permitted.
679 (3) The governing body’s authorization, at a minimum, must
680 require that a commercial megacycle be:
681 (a) Operated at all times by its owner or lessee or an
682 employee of the owner or lessee.
683 (b) Operated by a driver at least 18 years of age who
684 possess a Class E driver license.
685 (c) Occupied by a safety monitor at least 18 years of age,
686 who shall supervise the passengers while the commercial
687 megacycle is in motion.
688 (d) Insured with minimum commercial general liability
689 insurance of not less than $1,000,000, prior to and at all times
690 of operation, satisfactory proof of which shall be provided to
691 the appropriate governing body.
692 (4) The Department of Transportation may prohibit the
693 operation of commercial megacycles on or across any road under
694 its jurisdiction if it determines that such prohibition is
695 necessary in the interest of safety.
696 (5) Section 316.1936 does not apply to the passengers being
697 transported in a commercial megacycle while operating in
698 accordance with this section.
699 (6) This section does not prohibit use of an auxiliary
700 motor to move the commercial megacycle from the roadway under
701 emergency circumstances or while no passenger is on board.
702 Section 5. Subsection (5) of section 316.235, Florida
703 Statutes, is amended to read:
704 316.235 Additional lighting equipment.—
705 (5) A bus, as defined in s. 316.003(3), may be equipped
706 with a deceleration lighting system that which cautions
707 following vehicles that the bus is slowing, is preparing to
708 stop, or is stopped. Such lighting system shall consist of red
709 or amber lights mounted in horizontal alignment on the rear of
710 the vehicle at or near the vertical centerline of the vehicle,
711 no greater than 12 inches apart, not higher than the lower edge
712 of the rear window or, if the vehicle has no rear window, not
713 higher than 100 72 inches from the ground. Such lights shall be
714 visible from a distance of not less than 300 feet to the rear in
715 normal sunlight. Lights are permitted to light and flash during
716 deceleration, braking, or standing and idling of the bus.
717 Vehicular hazard warning flashers may be used in conjunction
718 with or in lieu of a rear-mounted deceleration lighting system.
719 Section 6. Subsections (1) and (3) of section 316.303,
720 Florida Statutes, are amended to read:
721 316.303 Television receivers.—
722 (1) No motor vehicle may be operated on the highways of
723 this state if the vehicle is actively displaying moving
724 television broadcast or pre-recorded video entertainment content
725 that is shall be equipped with television-type receiving
726 equipment so located that the viewer or screen is visible from
727 the driver’s seat while the vehicle is in motion, unless the
728 vehicle is equipped with autonomous technology, as defined in s.
729 316.003(2), and is being operated in autonomous mode, as
730 provided in s. 316.85(2).
731 (3) This section does not prohibit the use of an electronic
732 display used in conjunction with a vehicle navigation system; an
733 electronic display used by an operator of a vehicle equipped
734 with autonomous technology, as defined in s. 316.003(2); or an
735 electronic display used by an operator of a vehicle equipped and
736 operating with driver-assistive truck platooning technology, as
737 defined in s. 316.003(19).
738 Section 7. Paragraph (c) of subsection (3) of section
739 316.640, Florida Statutes, is amended to read:
740 316.640 Enforcement.—The enforcement of the traffic laws of
741 this state is vested as follows:
742 (3) MUNICIPALITIES.—
743 (c)1. A chartered municipality or its authorized agency or
744 instrumentality may employ as a parking enforcement specialist
745 any individual who successfully completes a training program
746 established and approved by the Criminal Justice Standards and
747 Training Commission for parking enforcement specialists, but who
748 does not otherwise meet the uniform minimum standards
749 established by the commission for law enforcement officers or
750 auxiliary or part-time officers under s. 943.12.
751 2. A parking enforcement specialist employed by a chartered
752 municipality or its authorized agency or instrumentality is
753 authorized to enforce all state, county, and municipal laws and
754 ordinances governing parking within the boundaries of the
755 municipality employing the specialist, or, pursuant to a
756 memorandum of understanding between the county and the
757 municipality, within the boundaries of the county in which the
758 chartered municipality or its authorized agency or
759 instrumentality is located, by appropriate state, county, or
760 municipal traffic citation.
761 3. A parking enforcement specialist employed pursuant to
762 this subsection may not carry firearms or other weapons or have
763 arrest authority.
764 Section 8. Subsection (1) of section 316.85, Florida
765 Statutes, is amended to read:
766 316.85 Autonomous vehicles; operation.—
767 (1) A person who possesses a valid driver license may
768 operate an autonomous vehicle in autonomous mode on roads in
769 this state if the vehicle is equipped with autonomous
770 technology, as defined in s. 316.003(2).
771 Section 9. Section 316.86, Florida Statutes, is amended to
772 read:
773 316.86 Operation of vehicles equipped with autonomous
774 technology on roads for testing purposes; financial
775 responsibility; Exemption from liability for manufacturer when
776 third party converts vehicle.—
777 (1) Vehicles equipped with autonomous technology may be
778 operated on roads in this state by employees, contractors, or
779 other persons designated by manufacturers of autonomous
780 technology, or by research organizations associated with
781 accredited educational institutions, for the purpose of testing
782 the technology. For testing purposes, a human operator shall be
783 present in the autonomous vehicle such that he or she has the
784 ability to monitor the vehicle’s performance and intervene, if
785 necessary, unless the vehicle is being tested or demonstrated on
786 a closed course. Before the start of testing in this state, the
787 entity performing the testing must submit to the department an
788 instrument of insurance, surety bond, or proof of self-insurance
789 acceptable to the department in the amount of $5 million.
790 (2) The original manufacturer of a vehicle converted by a
791 third party into an autonomous vehicle is shall not be liable
792 in, and shall have a defense to and be dismissed from, any legal
793 action brought against the original manufacturer by any person
794 injured due to an alleged vehicle defect caused by the
795 conversion of the vehicle, or by equipment installed by the
796 converter, unless the alleged defect was present in the vehicle
797 as originally manufactured.
798 Section 10. Subsection (1) of section 319.145, Florida
799 Statutes, is amended to read:
800 319.145 Autonomous vehicles.—
801 (1) An autonomous vehicle registered in this state must
802 continue to meet applicable federal standards and regulations
803 for such a motor vehicle. The vehicle must shall:
804 (a) Have a system to safely alert the operator if an
805 autonomous technology failure is detected while the autonomous
806 technology is engaged. When an alert is given, the system must:
807 1. Require the operator to take control of the autonomous
808 vehicle; or
809 2. If the operator does not, or is not able to, take
810 control of the autonomous vehicle, be capable of bringing the
811 vehicle to a complete stop Have a means to engage and disengage
812 the autonomous technology which is easily accessible to the
813 operator.
814 (b) Have a means, inside the vehicle, to visually indicate
815 when the vehicle is operating in autonomous mode.
816 (c) Have a means to alert the operator of the vehicle if a
817 technology failure affecting the ability of the vehicle to
818 safely operate autonomously is detected while the vehicle is
819 operating autonomously in order to indicate to the operator to
820 take control of the vehicle.
821 (c)(d) Be capable of being operated in compliance with the
822 applicable traffic and motor vehicle laws of this state.
823 Section 11. Subsection (1) of section 320.525, Florida
824 Statutes, is amended to read:
825 320.525 Port vehicles and equipment; definition;
826 exemption.—
827 (1) As used in this section, the term “port vehicles and
828 equipment” means trucks, tractors, trailers, truck cranes, top
829 loaders, fork lifts, hostling tractors, chassis, or other
830 vehicles or equipment used for transporting cargo, containers,
831 or other equipment. The term includes motor vehicles being
832 relocated within a port facility or via designated port district
833 roads.
834 Section 12. Paragraph (c) of subsection (1) of section
835 332.08, Florida Statutes, is amended to read:
836 332.08 Additional powers.—
837 (1) In addition to the general powers in ss. 332.01-332.12
838 conferred and without limitation thereof, a municipality that
839 has established or may hereafter establish airports, restricted
840 landing areas, or other air navigation facilities, or that has
841 acquired or set apart or may hereafter acquire or set apart real
842 property for such purposes, is authorized:
843 (c) To lease for a term not exceeding 50 30 years such
844 airports or other air navigation facilities, or real property
845 acquired or set apart for airport purposes, to private parties,
846 any municipal or state government or the national government, or
847 any department of either thereof, for operation; to lease or
848 assign for a term not exceeding 50 30 years to private parties,
849 any municipal or state government or the national government, or
850 any department of either thereof, for operation or use
851 consistent with the purposes of ss. 332.01-332.12, space, area,
852 improvements, or equipment on such airports; to sell any part of
853 such airports, other air navigation facilities, or real property
854 to any municipal or state government, or the United States or
855 any department or instrumentality thereof, for aeronautical
856 purposes or purposes incidental thereto, and to confer the
857 privileges of concessions of supplying upon its airports goods,
858 commodities, things, services, and facilities; provided, that in
859 each case in so doing the public is not deprived of its rightful
860 equal and uniform use thereof.
861 Section 13. Section 333.01, Florida Statutes, is amended to
862 read:
863 333.01 Definitions.—As used in For the purpose of this
864 chapter, the term following words, terms, and phrases shall have
865 the meanings herein given, unless otherwise specifically
866 defined, or unless another intention clearly appears, or the
867 context otherwise requires:
868 (1) “Aeronautical study” means a Federal Aviation
869 Administration study, conducted in accordance with the standards
870 of 14 C.F.R. part 77, subpart C, and Federal Aviation
871 Administration policy and guidance, on the effect of proposed
872 construction or alteration upon the operation of air navigation
873 facilities and the safe and efficient use of navigable airspace.
874 (1) “Aeronautics” means transportation by aircraft; the
875 operation, construction, repair, or maintenance of aircraft,
876 aircraft power plants and accessories, including the repair,
877 packing, and maintenance of parachutes; the design,
878 establishment, construction, extension, operation, improvement,
879 repair, or maintenance of airports, restricted landing areas, or
880 other air navigation facilities, and air instruction.
881 (2) “Airport” means any area of land or water designed and
882 set aside for the landing and taking off of aircraft and used
883 utilized or to be used utilized in the interest of the public
884 for such purpose.
885 (3) “Airport hazard” means an obstruction to air navigation
886 which affects the safe and efficient use of navigable airspace
887 or the operation of planned or existing air navigation and
888 communication facilities any structure or tree or use of land
889 which would exceed the federal obstruction standards as
890 contained in 14 C.F.R. ss. 77.21, 77.23,77.25, 77.28, and 77.29
891 and which obstructs the airspace required for the flight of
892 aircraft in taking off, maneuvering, or landing or is otherwise
893 hazardous to such taking off, maneuvering, or landing of
894 aircraft and for which no person has previously obtained a
895 permit or variance pursuant to s. 333.025 or s. 333.07.
896 (4) “Airport hazard area” means any area of land or water
897 upon which an airport hazard might be established if not
898 prevented as provided in this chapter.
899 (5) “Airport land use compatibility zoning” means airport
900 zoning regulations governing restricting the use of land on,
901 adjacent to, or in the immediate vicinity of airports in the
902 manner enumerated in s. 333.03(2) to activities and purposes
903 compatible with the continuation of normal airport operations
904 including landing and takeoff of aircraft in order to promote
905 public health, safety, and general welfare.
906 (6) “Airport layout plan” means a set of scaled drawings
907 that provide a graphic representation of the existing and future
908 development plan for the airport and demonstrate the
909 preservation and continuity of safety, utility, and efficiency
910 of the airport detailed, scale engineering drawing, including
911 pertinent dimensions, of an airport’s current and planned
912 facilities, their locations, and runway usage.
913 (7) “Airport master plan” means a comprehensive plan of an
914 airport which typically describes current and future plans for
915 airport development designed to support existing and future
916 aviation demand.
917 (8) “Airport protection zoning regulations” means airport
918 zoning regulations governing airport hazards.
919 (9) “Department” means the Department of Transportation as
920 created under s. 20.23.
921 (10) “Educational facility” means any structure, land, or
922 use that includes a public or private kindergarten through 12th
923 grade school, charter school, magnet school, college campus, or
924 university campus. The term does not include space used for
925 educational purposes within a multi-tenant building.
926 (11) “Landfill” has the same meaning as provided in s.
927 403.703.
928 (12)(7) “Obstruction” means any existing or proposed
929 manmade object or object, of natural growth or terrain, or
930 structure construction or alteration that exceeds violates the
931 federal obstruction standards contained in 14 C.F.R. part 77,
932 subpart C ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The term
933 includes:
934 (a) Any object of natural growth or terrain;
935 (b) Permanent or temporary construction or alteration,
936 including equipment or materials used and any permanent or
937 temporary apparatus; or
938 (c) Alteration of any permanent or temporary existing
939 structure by a change in the structure’s height, including
940 appurtenances, lateral dimensions, and equipment or materials
941 used in the structure.
942 (13)(8) “Person” means any individual, firm, copartnership,
943 corporation, company, association, joint-stock association, or
944 body politic, and includes any trustee, receiver, assignee, or
945 other similar representative thereof.
946 (14)(9) “Political subdivision” means the local government
947 of any county, municipality city, town, village, or other
948 subdivision or agency thereof, or any district or special
949 district, port commission, port authority, or other such agency
950 authorized to establish or operate airports in the state.
951 (15) “Public-use airport” means an airport, publicly or
952 privately owned, licensed by the state, which is open for use by
953 the public.
954 (16)(10) “Runway protection clear zone” means an area at
955 ground level beyond the runway end to enhance the safety and
956 protection of people and property on the ground a runway clear
957 zone as defined in 14 C.F.R. s. 151.9(b).
958 (17)(11) “Structure” means any object, constructed,
959 erected, altered, or installed by humans, including, but not
960 limited to without limitation thereof, buildings, towers,
961 smokestacks, utility poles, power generation equipment, and
962 overhead transmission lines.
963 (18) “Substantial modification” means any repair,
964 reconstruction, rehabilitation, or improvement of a structure
965 when the actual cost of the repair, reconstruction,
966 rehabilitation, or improvement of the structure equals or
967 exceeds 50 percent of the market value of the structure.
968 Section 14. Section 333.025, Florida Statutes, is amended
969 to read:
970 333.025 Permit required for obstructions structures
971 exceeding federal obstruction standards.—
972 (1) A person proposing the construction or alteration In
973 order to prevent the erection of an obstruction must obtain a
974 permit from the department structures dangerous to air
975 navigation, subject to the provisions of subsections (2), (3),
976 and (4), each person shall secure from the Department of
977 Transportation a permit for the erection, alteration, or
978 modification of any structure the result of which would exceed
979 the federal obstruction standards as contained in 14 C.F.R. ss.
980 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits from the
981 department of Transportation will be required only within an
982 airport hazard area where federal obstruction standards are
983 exceeded and if the proposed construction or alteration is
984 within a 10-nautical-mile radius of the airport reference point,
985 located at the approximate geometric geographical center of all
986 usable runways of a public-use airport or a publicly owned or
987 operated airport, a military airport, or an airport licensed by
988 the state for public use.
989 (2) Existing, planned, and proposed Affected airports will
990 be considered as having those facilities on public-use airports
991 contained in an which are shown on the airport master plan, in
992 or an airport layout plan submitted to the Federal Aviation
993 Administration, Airport District Office or in comparable
994 military documents shall, and will be so protected from airport
995 hazards. Planned or proposed public-use airports which are the
996 subject of a notice or proposal submitted to the Federal
997 Aviation Administration or to the Department of Transportation
998 shall also be protected.
999 (3) A permit is not required for existing structures that
1000 requirements of subsection (1) shall not apply to projects which
1001 received construction permits from the Federal Communications
1002 Commission for structures exceeding federal obstruction
1003 standards before prior to May 20, 1975, provided such structures
1004 now exist; a permit is not required for nor shall it apply to
1005 previously approved structures now existing, or any necessary
1006 replacement or repairs to such existing structures if, so long
1007 as the height and location are is unchanged.
1008 (4) If When political subdivisions have, in compliance with
1009 this chapter, adopted adequate airport airspace protection
1010 zoning regulations, placed in compliance with s. 333.03, and
1011 such regulations are on file with the department’s aviation
1012 office, and established a permitting process Department of
1013 Transportation, a permit for the construction or alteration of
1014 an obstruction is such structure shall not be required from the
1015 department of Transportation. Upon receipt of a complete permit
1016 application, the local government shall provide a copy of the
1017 application to the department’s aviation office by certified
1018 mail, return receipt requested, or by a delivery service that
1019 provides a receipt evidencing delivery. To evaluate technical
1020 consistency with this subsection, the department shall have a
1021 15-day review period following receipt of the application, which
1022 must run concurrently with the local government permitting
1023 process. Cranes, construction equipment, and other temporary
1024 structures in use or in place for a period not to exceed 18
1025 consecutive months are exempt from the department’s review,
1026 unless such review is requested by the department.
1027 (5) The department of Transportation shall, within 30 days
1028 after of the receipt of an application for a permit, issue or
1029 deny a permit for the construction or erection, alteration, or
1030 modification of an obstruction any structure the result of which
1031 would exceed federal obstruction standards as contained in 14
1032 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. The department
1033 shall review permit applications in conformity with s. 120.60.
1034 (6) In determining whether to issue or deny a permit, the
1035 department shall consider:
1036 (a) The safety of persons on the ground and in the air.
1037 (b) The safe and efficient use of navigable airspace.
1038 (c)(a) The nature of the terrain and height of existing
1039 structures.
1040 (b) Public and private interests and investments.
1041 (d) The effect of the construction or alteration of an
1042 obstruction on the state licensing standards for a public-use
1043 airport contained in chapter 330 and rules adopted thereunder.
1044 (e)(c) The character of existing and planned flight flying
1045 operations and planned developments at public-use of airports.
1046 (f)(d) Federal airways, visual flight rules, flyways and
1047 corridors, and instrument approaches as designated by the
1048 Federal Aviation Administration.
1049 (g)(e) The effect of Whether the construction or alteration
1050 of an obstruction on the proposed structure would cause an
1051 increase in the minimum descent altitude or the decision height
1052 at the affected airport.
1053 (f) Technological advances.
1054 (g) The safety of persons on the ground and in the air.
1055 (h) Land use density.
1056 (i) The safe and efficient use of navigable airspace.
1057 (h)(j) The cumulative effects on navigable airspace of all
1058 existing obstructions structures, proposed structures identified
1059 in the applicable jurisdictions’ comprehensive plans, and all
1060 other known proposed obstructions structures in the area.
1061 (7) When issuing a permit under this section, the
1062 department of Transportation shall, as a specific condition of
1063 such permit, require the owner obstruction marking and lighting
1064 of the obstruction to install, operate, and maintain, at the
1065 owner’s expense, marking and lighting in conformance with the
1066 specific standards established by the Federal Aviation
1067 Administration permitted structure as provided in s.
1068 333.07(3)(b).
1069 (8) The department may of Transportation shall not approve
1070 a permit for the construction or alteration erection of an
1071 obstruction a structure unless the applicant submits both
1072 documentation showing both compliance with the federal
1073 requirement for notification of proposed construction or
1074 alteration and a valid aeronautical study. A evaluation, and no
1075 permit may not shall be approved solely on the basis that the
1076 Federal Aviation Administration determined that the such
1077 proposed construction or alteration of an obstruction was not an
1078 airport hazard structure will not exceed federal obstruction
1079 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1080 77.28, or 77.29, or any other federal aviation regulation.
1081 (9) The denial of a permit under this section is subject to
1082 administrative review pursuant to chapter 120.
1083 Section 15. Section 333.03, Florida Statutes, is amended to
1084 read:
1085 333.03 Requirement Power to adopt airport zoning
1086 regulations.—
1087 (1)(a) In order to prevent the creation or establishment of
1088 airport hazards, Every political subdivision having an airport
1089 hazard area within its territorial limits shall, by October 1,
1090 1977, adopt, administer, and enforce, under the police power and
1091 in the manner and upon the conditions hereinafter prescribed in
1092 this section, airport protection zoning regulations for such
1093 airport hazard area.
1094 (b) If Where an airport is owned or controlled by a
1095 political subdivision and if any other political subdivision has
1096 land upon which an obstruction may be constructed or altered
1097 which underlies any surface of the airport as provided in 14
1098 C.F.R. part 77, subpart C, the political subdivisions airport
1099 hazard area appertaining to such airport is located wholly or
1100 partly outside the territorial limits of said political
1101 subdivision, the political subdivision owning or controlling the
1102 airport and the political subdivision within which the airport
1103 hazard area is located, shall either:
1104 1. By interlocal agreement, in accordance with the
1105 provisions of chapter 163, adopt, administer, and enforce a set
1106 of airport protection zoning regulations applicable to the
1107 airport hazard area in question; or
1108 2. By ordinance, regulation, or resolution duly adopted,
1109 create a joint airport protection zoning board that, which board
1110 shall have the same power to adopt, administer, and enforce a
1111 set of airport protection zoning regulations applicable to the
1112 airport hazard area in question as that vested in paragraph (a)
1113 in the political subdivision within which such area is located.
1114 The Each such joint airport protection zoning board shall have
1115 as voting members two representatives appointed by each
1116 participating political subdivision participating in its
1117 creation and in addition a chair elected by a majority of the
1118 members so appointed. However, The airport manager or a
1119 representative of each airport in managers of the affected
1120 participating political subdivisions shall serve on the board in
1121 a nonvoting capacity.
1122 (c) Airport protection zoning regulations adopted under
1123 paragraph (a) must shall, at as a minimum, require:
1124 1. A permit variance for the construction or erection,
1125 alteration, or modification of any obstruction structure which
1126 would cause the structure to exceed the federal obstruction
1127 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1128 77.28, and 77.29;
1129 2. Obstruction marking and lighting for obstructions
1130 structures as specified in s. 333.07(3);
1131 3. Documentation showing compliance with the federal
1132 requirement for notification of proposed construction or
1133 alteration of structures and a valid aeronautical study
1134 evaluation submitted by each person applying for a permit
1135 variance;
1136 4. Consideration of the criteria in s. 333.025(6), when
1137 determining whether to issue or deny a permit variance; and
1138 5. That approval of a permit not be based no variance shall
1139 be approved solely on the determination by the Federal Aviation
1140 Administration basis that the such proposed structure is not an
1141 airport hazard will not exceed federal obstruction standards as
1142 contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29,
1143 or any other federal aviation regulation.
1144 (d) The department shall be available to provide assistance
1145 to political subdivisions regarding federal obstruction
1146 standards shall issue copies of the federal obstruction
1147 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
1148 77.28, and 77.29 to each political subdivision having airport
1149 hazard areas and, in cooperation with political subdivisions,
1150 shall issue appropriate airport zoning maps depicting within
1151 each county the maximum allowable height of any structure or
1152 tree. Material distributed pursuant to this subsection shall be
1153 at no cost to authorized recipients.
1154 (2) In the manner provided in subsection (1), political
1155 subdivisions shall adopt, administer, and enforce interim
1156 airport land use compatibility zoning regulations shall be
1157 adopted. Airport land use compatibility zoning When political
1158 subdivisions have adopted land development regulations shall, at
1159 a minimum, in accordance with the provisions of chapter 163
1160 which address the use of land in the manner consistent with the
1161 provisions herein, adoption of airport land use compatibility
1162 regulations pursuant to this subsection shall not be required.
1163 Interim airport land use compatibility zoning regulations shall
1164 consider the following:
1165 (a) The prohibition of new landfills and the restriction of
1166 existing landfills Whether sanitary landfills are located within
1167 the following areas:
1168 1. Within 10,000 feet from the nearest point of any runway
1169 used or planned to be used by turbine turbojet or turboprop
1170 aircraft.
1171 2. Within 5,000 feet from the nearest point of any runway
1172 used only by only nonturbine piston-type aircraft.
1173 3. Outside the perimeters defined in subparagraphs 1. and
1174 2., but still within the lateral limits of the civil airport
1175 imaginary surfaces defined in 14 C.F.R. s. 77.19 part 77.25.
1176 Case-by-case review of such landfills is advised.
1177 (b) Where Whether any landfill is located and constructed
1178 in a manner so that it attracts or sustains hazardous bird
1179 movements from feeding, water, or roosting areas into, or
1180 across, the runways or approach and departure patterns of
1181 aircraft. The landfill operator must political subdivision shall
1182 request from the airport authority or other governing body
1183 operating the airport a report on such bird feeding or roosting
1184 areas that at the time of the request are known to the airport.
1185 In preparing its report, the authority, or other governing body,
1186 shall consider whether the landfill will incorporate bird
1187 management techniques or other practices to minimize bird
1188 hazards to airborne aircraft. The airport authority or other
1189 governing body shall respond to the political subdivision no
1190 later than 30 days after receipt of such request.
1191 (c) Where an airport authority or other governing body
1192 operating a publicly owned, public-use airport has conducted a
1193 noise study in accordance with the provisions of 14 C.F.R. part
1194 150, or where a public-use airport owner has established noise
1195 contours pursuant to another public study approved by the
1196 Federal Aviation Administration, the prohibition of incompatible
1197 uses, as established in the noise study in 14 C.F.R. part 150,
1198 Appendix A or as a part of an alternative Federal Aviation
1199 Administration-approved public study, within the noise contours
1200 established by any of these studies, except if such uses are
1201 specifically contemplated by such study with appropriate
1202 mitigation or similar techniques described in the study neither
1203 residential construction nor any educational facility as defined
1204 in chapter 1013, with the exception of aviation school
1205 facilities, shall be permitted within the area contiguous to the
1206 airport defined by an outer noise contour that is considered
1207 incompatible with that type of construction by 14 C.F.R. part
1208 150, Appendix A or an equivalent noise level as established by
1209 other types of noise studies.
1210 (d) Where an airport authority or other governing body
1211 operating a publicly owned, public-use airport has not conducted
1212 a noise study, the prohibition of neither residential
1213 construction and nor any educational facility as defined in
1214 chapter 1013, with the exception of aviation school facilities,
1215 shall be permitted within an area contiguous to the airport
1216 measuring one-half the length of the longest runway on either
1217 side of and at the end of each runway centerline.
1218 (e)(3) The restriction of In the manner provided in
1219 subsection (1), airport zoning regulations shall be adopted
1220 which restrict new incompatible uses, activities, or substantial
1221 modifications to existing incompatible uses construction within
1222 runway protection clear zones, including uses, activities, or
1223 construction in runway clear zones which are incompatible with
1224 normal airport operations or endanger public health, safety, and
1225 welfare by resulting in congregations of people, emissions of
1226 light or smoke, or attraction of birds. Such regulations shall
1227 prohibit the construction of an educational facility of a public
1228 or private school at either end of a runway of a publicly owned,
1229 public-use airport within an area which extends 5 miles in a
1230 direct line along the centerline of the runway, and which has a
1231 width measuring one-half the length of the runway. Exceptions
1232 approving construction of an educational facility within the
1233 delineated area shall only be granted when the political
1234 subdivision administering the zoning regulations makes specific
1235 findings detailing how the public policy reasons for allowing
1236 the construction outweigh health and safety concerns prohibiting
1237 such a location.
1238 (4) The procedures outlined in subsections (1), (2), and
1239 (3) for the adoption of such regulations are supplemental to any
1240 existing procedures utilized by political subdivisions in the
1241 adoption of such regulations.
1242 (3)(5) Political subdivisions shall provide The Department
1243 of Transportation shall provide technical assistance to any
1244 political subdivision requesting assistance in the preparation
1245 of an airport zoning code. a copy of all local airport
1246 protection zoning codes, rules, and regulations and airport land
1247 use compatibility zoning regulations, and any related amendments
1248 and proposed and granted variances thereto, to shall be filed
1249 with the department’s aviation office within 30 days after
1250 adoption department.
1251 (4)(6) Nothing in Subsection (2) may not or subsection (3)
1252 shall be construed to require the removal, alteration, sound
1253 conditioning, or other change, or to interfere with the
1254 continued use or adjacent expansion of any educational facility
1255 structure or site in existence on July 1, 1993, or be construed
1256 to prohibit the construction of any new structure for which a
1257 site has been determined as provided in former s. 235.19, as of
1258 July 1, 1993.
1259 (5) This section does not prohibit an airport authority, a
1260 political subdivision or its administrative agency, or any other
1261 governing body operating a public-use airport from establishing
1262 airport zoning regulations more restrictive than prescribed in
1263 this section in order to protect the health, safety, and welfare
1264 of the public in the air and on the ground.
1265 Section 16. Section 333.04, Florida Statutes, is amended to
1266 read:
1267 333.04 Comprehensive zoning regulations; most stringent to
1268 prevail where conflicts occur.—
1269 (1) INCORPORATION.—In the event that a political
1270 subdivision has adopted, or hereafter adopts, a comprehensive
1271 plan or policy zoning ordinance regulating, among other things,
1272 the height of buildings, structures, and natural objects, and
1273 uses of property, any airport zoning regulations applicable to
1274 the same area or portion thereof may be incorporated in and made
1275 a part of such comprehensive plan or policy zoning regulations,
1276 and be administered and enforced in connection therewith.
1277 (2) CONFLICT.—In the event of conflict between any airport
1278 zoning regulations adopted under this chapter and any other
1279 regulations applicable to the same area, whether the conflict be
1280 with respect to the height of structures or vegetation trees,
1281 the use of land, or any other matter, and whether such
1282 regulations were adopted by the political subdivision that which
1283 adopted the airport zoning regulations or by some other
1284 political subdivision, the more stringent limitation or
1285 requirement shall govern and prevail.
1286 Section 17. Section 333.05, Florida Statutes, is amended to
1287 read:
1288 333.05 Procedure for adoption of airport zoning
1289 regulations.—
1290 (1) NOTICE AND HEARING.—No Airport zoning regulations may
1291 not shall be adopted, amended, or repealed changed under this
1292 chapter except by action of the legislative body of the
1293 political subdivision or affected subdivisions in question, or
1294 the joint board provided in s. 333.03(1)(b)2. s. 333.03(1)(b) by
1295 the political subdivisions bodies therein provided and set
1296 forth, after a public hearing in relation thereto, at which
1297 parties in interest and citizens shall have an opportunity to be
1298 heard. Notice of the hearing shall be published at least once a
1299 week for 2 consecutive weeks in a newspaper an official paper,
1300 or a paper of general circulation, in the political subdivision
1301 or subdivisions where in which are located the airport zoning
1302 regulations are areas to be adopted, amended, or repealed zoned.
1303 (2) AIRPORT ZONING COMMISSION.—Before Prior to the initial
1304 zoning of any airport area under this chapter, the political
1305 subdivision or joint airport zoning board that which is to
1306 adopt, administer, and enforce the regulations must shall
1307 appoint a commission, to be known as the airport zoning
1308 commission, to recommend the boundaries of the various zones to
1309 be established and the regulations to be adopted therefor. Such
1310 commission shall make a preliminary report and hold public
1311 hearings thereon before submitting its final report, and the
1312 legislative body of the political subdivision or the joint
1313 airport zoning board may shall not hold its public hearings or
1314 take any action until it has received the final report of such
1315 commission, and at least 15 days shall elapse between the
1316 receipt of the final report of the commission and the hearing to
1317 be held by the latter board. If Where a planning city plan
1318 commission, an airport commission, or a comprehensive zoning
1319 commission already exists, it may be appointed as the airport
1320 zoning commission.
1321 Section 18. Section 333.06, Florida Statutes, is amended to
1322 read:
1323 333.06 Airport zoning regulation requirements.—
1324 (1) REASONABLENESS.—All airport zoning regulations adopted
1325 under this chapter shall be reasonable and may not none shall
1326 impose any requirement or restriction which is not reasonably
1327 necessary to effectuate the purposes of this chapter. In
1328 determining what regulations it may adopt, each political
1329 subdivision and joint airport zoning board shall consider, among
1330 other things, the character of the flying operations expected to
1331 be conducted at the airport, the nature of the terrain within
1332 the airport hazard area and runway protection clear zones, the
1333 character of the neighborhood, the uses to which the property to
1334 be zoned is put and adaptable, and the impact of any new use,
1335 activity, or construction on the airport’s operating capability
1336 and capacity.
1337 (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
1338 zoning regulations adopted under this chapter is to provide both
1339 airspace protection and land uses use compatible with airport
1340 operations. Each aspect of this purpose requires independent
1341 justification in order to promote the public interest in safety,
1342 health, and general welfare. Specifically, construction in a
1343 runway protection clear zone which does not exceed airspace
1344 height restrictions is not conclusive evidence per se that such
1345 use, activity, or construction is compatible with airport
1346 operations.
1347 (3) NONCONFORMING USES.—An No airport protection zoning
1348 regulation regulations adopted under this chapter may not shall
1349 require the removal, lowering, or other change or alteration of
1350 any obstruction structure or tree not conforming to the
1351 regulation regulations when adopted or amended, or otherwise
1352 interfere with the continuance of any nonconforming use, except
1353 as provided in s. 333.07(1) and (3).
1354 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
1355 LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
1356 each public-use publicly owned and operated airport licensed by
1357 the department of Transportation under chapter 330. The
1358 authorized entity having responsibility for governing the
1359 operation of the airport, when either requesting from or
1360 submitting to a state or federal governmental agency with
1361 funding or approval jurisdiction a “finding of no significant
1362 impact,” an environmental assessment, a site-selection study, an
1363 airport master plan, or any amendment to an airport master plan,
1364 shall submit simultaneously a copy of said request, submittal,
1365 assessment, study, plan, or amendments by certified mail to all
1366 affected local governments. As used in For the purposes of this
1367 subsection, the term “affected local government” is defined as
1368 any municipality city or county having jurisdiction over the
1369 airport and any municipality city or county located within 2
1370 miles of the boundaries of the land subject to the airport
1371 master plan.
1372 Section 19. Section 333.065, Florida Statutes, is repealed.
1373 Section 20. Section 333.07, Florida Statutes, is amended to
1374 read:
1375 333.07 Local government permitting of airspace obstructions
1376 Permits and variances.—
1377 (1) PERMITS.—
1378 (a) A person proposing to construct, alter, or allow an
1379 airport obstruction in an airport hazard area in violation of
1380 the airport protection zoning regulations adopted under this
1381 chapter must apply for a permit. A Any airport zoning
1382 regulations adopted under this chapter may require that a permit
1383 be obtained before any new structure or use may be constructed
1384 or established and before any existing use or structure may be
1385 substantially changed or substantially altered or repaired. In
1386 any event, however, all such regulations shall provide that
1387 before any nonconforming structure or tree may be replaced,
1388 substantially altered or repaired, rebuilt, allowed to grow
1389 higher, or replanted, a permit must be secured from the
1390 administrative agency authorized to administer and enforce the
1391 regulations, authorizing such replacement, change, or repair. No
1392 permit may not shall be issued if it granted that would allow
1393 the establishment or creation of an airport hazard or if it
1394 would permit a nonconforming obstruction structure or tree or
1395 nonconforming use to be made or become higher or to become a
1396 greater hazard to air navigation than it was when the applicable
1397 airport protection zoning regulation was adopted which allowed
1398 the establishment or creation of the obstruction, or than it is
1399 when the application for a permit is made.
1400 (b) If Whenever the political subdivision or its
1401 administrative agency determines that a nonconforming
1402 obstruction use or nonconforming structure or tree has been
1403 abandoned or is more than 80 percent torn down, destroyed,
1404 deteriorated, or decayed, a no permit may not shall be granted
1405 if it that would allow the obstruction said structure or tree to
1406 exceed the applicable height limit or otherwise deviate from the
1407 airport protection zoning regulations.; and, Whether or not an
1408 application is made for a permit under this subsection or not,
1409 the said agency may by appropriate action, compel the owner of
1410 the nonconforming obstruction may be required structure or tree,
1411 at his or her own expense, to lower, remove, reconstruct, alter,
1412 or equip such obstruction object as may be necessary to conform
1413 to the current airport protection zoning regulations. If the
1414 owner of the nonconforming obstruction neglects or refuses
1415 structure or tree shall neglect or refuse to comply with such
1416 requirement order for 10 days after notice thereof, the
1417 administrative said agency may report the violation to the
1418 political subdivision involved therein, which subdivision,
1419 through its appropriate agency, may proceed to have the
1420 obstruction object so lowered, removed, reconstructed, altered,
1421 or equipped, and assess the cost and expense thereof upon the
1422 owner of the obstruction object or the land whereon it is or was
1423 located, and, unless such an assessment is paid within 90 days
1424 from the service of notice thereof on the owner or the owner’s
1425 agent, of such object or land, the sum shall be a lien on said
1426 land, and shall bear interest thereafter at the rate of 6
1427 percent per annum until paid, and shall be collected in the same
1428 manner as taxes on real property are collected by said political
1429 subdivision, or, at the option of said political subdivision,
1430 said lien may be enforced in the manner provided for enforcement
1431 of liens by chapter 85.
1432 (c) Except as provided herein, applications for permits
1433 shall be granted, provided the matter applied for meets the
1434 provisions of this chapter and the regulations adopted and in
1435 force hereunder.
1436 (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
1437 determining whether to issue or deny a permit, the political
1438 subdivision or its administrative agency must consider the
1439 following, as applicable:
1440 (a) The safety of persons on the ground and in the air.
1441 (b) The safe and efficient use of navigable airspace.
1442 (c) The nature of the terrain and height of existing
1443 structures.
1444 (d) The effect of the construction or alteration on the
1445 state licensing standards for a public-use airport contained in
1446 chapter 330 and rules adopted thereunder.
1447 (e) The character of existing and planned flight operations
1448 and developments at public-use airports.
1449 (f) Federal airways, visual flight rules, flyways and
1450 corridors, and instrument approaches as designated by the
1451 Federal Aviation Administration.
1452 (g) The effect of the construction or alteration of the
1453 proposed structure on the minimum descent altitude or the
1454 decision height at the affected airport.
1455 (h) The cumulative effects on navigable airspace of all
1456 existing structures and all other known proposed structures in
1457 the area.
1458 (i) Additional requirements adopted by the political
1459 subdivision or administrative agency pertinent to evaluation and
1460 protection of airspace and airport operations.
1461 (2) VARIANCES.—
1462 (a) Any person desiring to erect any structure, increase
1463 the height of any structure, permit the growth of any tree, or
1464 otherwise use his or her property in violation of the airport
1465 zoning regulations adopted under this chapter or any land
1466 development regulation adopted pursuant to the provisions of
1467 chapter 163 pertaining to airport land use compatibility, may
1468 apply to the board of adjustment for a variance from the zoning
1469 regulations in question. At the time of filing the application,
1470 the applicant shall forward to the department by certified mail,
1471 return receipt requested, a copy of the application. The
1472 department shall have 45 days from receipt of the application to
1473 comment and to provide its comments or waiver of that right to
1474 the applicant and the board of adjustment. The department shall
1475 include its explanation for any objections stated in its
1476 comments. If the department fails to provide its comments within
1477 45 days of receipt of the application, its right to comment is
1478 waived. The board of adjustment may proceed with its
1479 consideration of the application only upon the receipt of the
1480 department’s comments or waiver of that right as demonstrated by
1481 the filing of a copy of the return receipt with the board.
1482 Noncompliance with this section shall be grounds to appeal
1483 pursuant to s. 333.08 and to apply for judicial relief pursuant
1484 to s. 333.11. Such variances may only be allowed where a literal
1485 application or enforcement of the regulations would result in
1486 practical difficulty or unnecessary hardship and where the
1487 relief granted would not be contrary to the public interest but
1488 would do substantial justice and be in accordance with the
1489 spirit of the regulations and this chapter. However, any
1490 variance may be allowed subject to any reasonable conditions
1491 that the board of adjustment may deem necessary to effectuate
1492 the purposes of this chapter.
1493 (b) The Department of Transportation shall have the
1494 authority to appeal any variance granted under this chapter
1495 pursuant to s. 333.08, and to apply for judicial relief pursuant
1496 to s. 333.11.
1497 (3) OBSTRUCTION MARKING AND LIGHTING.—
1498 (a) In issuing a granting any permit or variance under this
1499 section, the political subdivision or its administrative agency
1500 or board of adjustment shall require the owner of the
1501 obstruction structure or tree in question to install, operate,
1502 and maintain thereon, at his or her own expense, such marking
1503 and lighting in conformance with the specific standards
1504 established by the Federal Aviation Administration as may be
1505 necessary to indicate to aircraft pilots the presence of an
1506 obstruction.
1507 (b) Such marking and lighting shall conform to the specific
1508 standards established by rule by the Department of
1509 Transportation.
1510 (c) Existing structures not in compliance on October 1,
1511 1988, shall be required to comply whenever the existing marking
1512 requires refurbishment, whenever the existing lighting requires
1513 replacement, or within 5 years of October 1, 1988, whichever
1514 occurs first.
1515 Section 21. Section 333.08, Florida Statutes, is repealed.
1516 Section 22. Section 333.09, Florida Statutes, is amended to
1517 read:
1518 333.09 Administration of airport protection zoning
1519 regulations.—
1520 (1) ADMINISTRATION.—All airport protection zoning
1521 regulations adopted under this chapter shall provide for the
1522 administration and enforcement of such regulations by the
1523 political subdivision or its administrative agency an
1524 administrative agency which may be an agency created by such
1525 regulations or any official, board, or other existing agency of
1526 the political subdivision adopting the regulations or of one of
1527 the political subdivisions which participated in the creation of
1528 the joint airport zoning board adopting the regulations, if
1529 satisfactory to that political subdivision, but in no case shall
1530 such administrative agency be or include any member of the board
1531 of adjustment. The duties of any administrative agency
1532 designated pursuant to this chapter must shall include that of
1533 hearing and deciding all permits under s. 333.07 s. 333.07(1),
1534 deciding all matters under s. 333.07(3), as they pertain to such
1535 agency, and all other matters under this chapter applying to
1536 said agency, but such agency shall not have or exercise any of
1537 the powers herein delegated to the board of adjustment.
1538 (2) LOCAL GOVERNMENT PROCESS.—
1539 (a) A political subdivision required to adopt airport
1540 zoning regulations under this chapter shall provide a process
1541 to:
1542 1. Issue or deny permits consistent with s. 333.07.
1543 2. Provide the department with a copy of a complete
1544 application consistent with s. 333.025(4).
1545 3. Enforce the issuance or denial of a permit or other
1546 determination made by the administrative agency with respect to
1547 airport zoning regulations.
1548 (b) If a zoning board or permitting body already exists
1549 within a political subdivision, the zoning board or permitting
1550 body may implement the airport zoning regulation permitting and
1551 appeals processes.
1552 (3) APPEALS.—
1553 (a) A person, a political subdivision or its administrative
1554 agency, or a joint airport zoning board that contends a decision
1555 made by a political subdivision or its administrative agency is
1556 an improper application of airport zoning regulations may use
1557 the process established for an appeal.
1558 (b) All appeals taken under this section must be taken
1559 within a reasonable time, as provided by the political
1560 subdivision or its administrative agency, by filing with the
1561 entity from which the appeal is taken a notice of appeal
1562 specifying the grounds for appeal.
1563 (c) An appeal shall stay all proceedings in the underlying
1564 action appealed from, unless the entity from which the appeal is
1565 taken certifies pursuant to the rules for appeal that by reason
1566 of the facts stated in the certificate a stay would, in its
1567 opinion, cause imminent peril to life or property. In such
1568 cases, proceedings may not be stayed except by order of the
1569 political subdivision or its administrative agency on notice to
1570 the entity from which the appeal is taken and for good cause
1571 shown.
1572 (d) The political subdivision or its administrative agency
1573 shall set a reasonable time for the hearing of appeals, give
1574 public notice and due notice to the parties in interest, and
1575 decide the same within a reasonable time. Upon the hearing, any
1576 party may appear in person, by agent, or by attorney.
1577 (e) The political subdivision or its administrative agency
1578 may, in conformity with this chapter, affirm, reverse, or modify
1579 the decision on the permit or other determination from which the
1580 appeal is taken.
1581 Section 23. Section 333.10, Florida Statutes, is repealed.
1582 Section 25. Section 333.11, Florida Statutes, is amended to
1583 read:
1584 333.11 Judicial review.—
1585 (1) Any person, aggrieved, or taxpayer affected, by any
1586 decision of a board of adjustment, or any governing body of a
1587 political subdivision, or the Department of Transportation or
1588 any joint airport zoning board affected by a decision of a
1589 political subdivision, or its of any administrative agency
1590 hereunder, may apply for judicial relief to the circuit court in
1591 the judicial circuit where the political subdivision board of
1592 adjustment is located within 30 days after rendition of the
1593 decision by the board of adjustment. Review shall be by petition
1594 for writ of certiorari, which shall be governed by the Florida
1595 Rules of Appellate Procedure.
1596 (2) Upon presentation of such petition to the court, it may
1597 allow a writ of certiorari, directed to the board of adjustment,
1598 to review such decision of the board. The allowance of the writ
1599 shall not stay the proceedings upon the decision appealed from,
1600 but the court may, on application, on notice to the board, on
1601 due hearing and due cause shown, grant a restraining order.
1602 (3) The board of adjustment shall not be required to return
1603 the original papers acted upon by it, but it shall be sufficient
1604 to return certified or sworn copies thereof or of such portions
1605 thereof as may be called for by the writ. The return shall
1606 concisely set forth such other facts as may be pertinent and
1607 material to show the grounds of the decision appealed from and
1608 shall be verified.
1609 (2)(4) The court has shall have exclusive jurisdiction to
1610 affirm, reverse, or modify, or set aside the decision on the
1611 permit or other determination from which the appeal is taken
1612 brought up for review, in whole or in part, and, if appropriate
1613 need be, to order further proceedings by the political
1614 subdivision or its administrative agency board of adjustment.
1615 The findings of fact by the political subdivision or its
1616 administrative agency board, if supported by substantial
1617 evidence, shall be accepted by the court as conclusive, and an
1618 no objection to a decision of the political subdivision or its
1619 administrative agency may not board shall be considered by the
1620 court unless such objection was raised in the underlying
1621 proceeding shall have been urged before the board, or, if it was
1622 not so urged, unless there were reasonable grounds for failure
1623 to do so.
1624 (3)(5) If In any case in which airport zoning regulations
1625 adopted under this chapter, although generally reasonable, are
1626 held by a court to interfere with the use and enjoyment of a
1627 particular structure or parcel of land to such an extent, or to
1628 be so onerous in their application to such a structure or parcel
1629 of land, as to constitute a taking or deprivation of that
1630 property in violation of the State Constitution or the
1631 Constitution of the United States, such holding shall not affect
1632 the application of such regulations to other structures and
1633 parcels of land, or such regulations as are not involved in the
1634 particular decision.
1635 (4)(6) A judicial No appeal to any court may not shall be
1636 or is permitted under this section until the appellant has
1637 exhausted all of its remedies through application for local
1638 government permits, exceptions, and appeals, to any courts, as
1639 herein provided, save and except an appeal from a decision of
1640 the board of adjustment, the appeal herein provided being from
1641 such final decision of such board only, the appellant being
1642 hereby required to exhaust his or her remedies hereunder of
1643 application for permits, exceptions and variances, and appeal to
1644 the board of adjustment, and gaining a determination by said
1645 board, before being permitted to appeal to the court hereunder.
1646 Section 26. Section 333.12, Florida Statutes, is amended to
1647 read:
1648 333.12 Acquisition of air rights.—If In any case which: it
1649 is desired to remove, lower or otherwise terminate a
1650 nonconforming obstruction is determined to be an airport hazard
1651 and the owner will not remove, lower, or otherwise eliminate it
1652 structure or use; or the approach protection necessary cannot,
1653 because of constitutional limitations, be provided by airport
1654 zoning regulations under this chapter; or it appears advisable
1655 that the necessary approach protection be provided by
1656 acquisition of property rights rather than by airport zoning
1657 regulations, the political subdivision within which the property
1658 or nonconforming obstruction use is located, or the political
1659 subdivision owning or operating the airport or being served by
1660 it, may acquire, by purchase, grant, or condemnation in the
1661 manner provided by chapter 73, such property, air right,
1662 avigation navigation easement, or other estate, portion, or
1663 interest in the property or nonconforming obstruction structure
1664 or use or such interest in the air above such property, tree,
1665 structure, or use, in question, as may be necessary to
1666 effectuate the purposes of this chapter, and in so doing, if by
1667 condemnation, to have the right to take immediate possession of
1668 the property, interest in property, air right, or other right
1669 sought to be condemned, at the time, and in the manner and form,
1670 and as authorized by chapter 74. In the case of the purchase of
1671 any property, or any easement, or estate or interest therein or
1672 the acquisition of the same by the power of eminent domain, the
1673 political subdivision making such purchase or exercising such
1674 power shall, in addition to the damages for the taking, injury,
1675 or destruction of property, also pay the cost of the removal and
1676 relocation of any structure or any public utility that which is
1677 required to be moved to a new location.
1678 Section 27. Section 333.13, Florida Statutes, is amended to
1679 read:
1680 333.13 Enforcement and remedies.—
1681 (1) Each violation of this chapter or of any airport zoning
1682 regulations, orders, or rulings adopted promulgated or made
1683 pursuant to this chapter shall constitute a misdemeanor of the
1684 second degree, punishable as provided in s. 775.082 or s.
1685 775.083, and each day a violation continues to exist shall
1686 constitute a separate offense.
1687 (2) In addition, the political subdivision or agency
1688 adopting the airport zoning regulations under this chapter may
1689 institute in any court of competent jurisdiction an action to
1690 prevent, restrain, correct, or abate any violation of this
1691 chapter or of airport zoning regulations adopted under this
1692 chapter or of any order or ruling made in connection with their
1693 administration or enforcement, and the court shall adjudge to
1694 the plaintiff such relief, by way of injunction, (which may be
1695 mandatory,) or otherwise, as may be proper under all the facts
1696 and circumstances of the case in order to fully effectuate the
1697 purposes of this chapter and of the regulations adopted and
1698 orders and rulings made pursuant thereto.
1699 (3) The department of Transportation may institute a civil
1700 action for injunctive relief in the appropriate circuit court to
1701 prevent violation of any provision of this chapter.
1702 Section 28. Section 333.135, Florida Statutes, is created
1703 to read:
1704 333.135 Transition provisions.—
1705 (1) Any airport zoning regulation in effect on July 1,
1706 2016, which includes provisions in conflict with this chapter
1707 shall be amended to conform to the requirements of this chapter
1708 by July 1, 2017.
1709 (2) Any political subdivision having an airport within its
1710 territorial limits which has not adopted airport zoning
1711 regulations shall, by July 1, 2017, adopt airport zoning
1712 regulations consistent with this chapter.
1713 (3) For those political subdivisions that have not yet
1714 adopted airport zoning regulations pursuant to this chapter, the
1715 department shall administer the permitting process as provided
1716 in s. 333.025.
1717 Section 29. Section 333.14, Florida Statutes, is repealed.
1718 Section 30. Section 335.085, Florida Statutes, is created
1719 to read:
1720 335.085 Installation of roadside barriers along certain
1721 water bodies contiguous with state roads.—
1722 (1) This section shall be cited as “Chloe’s Law.”
1723 (2) By June 30, 2018, the department shall install roadside
1724 barriers to shield water bodies contiguous with state roads at
1725 locations where a death due to drowning resulted from a motor
1726 vehicle accident in which a vehicle departed the adjacent state
1727 road during the period between July 1, 2006, and July 1, 2016.
1728 This requirement does not apply to any location at which the
1729 department’s chief engineer determines, based on engineering
1730 principles, that installation of a barrier would increase the
1731 risk of injury to motorists traveling on the adjacent state
1732 road.
1733 Section 31. The Department of Transportation shall review
1734 all motor vehicle accidents that resulted in death due to
1735 drowning in a water body contiguous with a state road and that
1736 occurred during the period between July 1, 2006, and July 1,
1737 2016. The department shall use the reconciled crash data
1738 received from the Department of Highway Safety and Motor
1739 Vehicles and shall submit a report to the President of the
1740 Senate and the Speaker of the House of Representatives by
1741 January 3, 2017, providing recommendations regarding any
1742 necessary changes to state laws and department rules to enhance
1743 traffic safety.
1744 Section 32. Subsection (3) of section 337.0261, Florida
1745 Statutes, is amended to read:
1746 337.0261 Construction aggregate materials.—
1747 (3) LOCAL GOVERNMENT DECISIONMAKING.—A No local government
1748 may not shall approve or deny a proposed land use zoning change,
1749 comprehensive plan amendment, land use permit, ordinance, or
1750 order regarding construction aggregate materials without
1751 considering any information provided by the Department of
1752 Transportation regarding the effect such change, amendment,
1753 permit decision, ordinance, or order would have on the
1754 availability, transportation, cost, and potential extraction of
1755 construction aggregate materials on the local area, the region,
1756 and the state. The failure of the Department of Transportation
1757 to provide this information shall not be a basis for delay or
1758 invalidation of the local government action. A No local
1759 government may not impose a moratorium, or combination of
1760 moratoria, of more than 12 months’ duration on the mining or
1761 extraction of construction aggregate materials, commencing on
1762 the date the vote was taken to impose the moratorium. January 1,
1763 2007, shall serve as the commencement of the 12-month period for
1764 moratoria already in place as of July 1, 2007.
1765 Section 33. Paragraph (a) of subsection (1) of section
1766 337.18, Florida Statutes, is amended to read:
1767 337.18 Surety bonds for construction or maintenance
1768 contracts; requirement with respect to contract award; bond
1769 requirements; defaults; damage assessments.—
1770 (1)(a) A surety bond shall be required of the successful
1771 bidder in an amount equal to the awarded contract price.
1772 However, the department may choose, in its discretion and
1773 applicable only to multiyear maintenance contracts, to allow for
1774 incremental annual contract bonds that cumulatively total the
1775 full, awarded, multiyear contract price.
1776 1. The department may waive the requirement for all or a
1777 portion of a surety bond if:
1778 a. For a project for which The contract price is $250,000
1779 or less and, the department may waive the requirement for all or
1780 a portion of a surety bond if it determines that the project is
1781 of a noncritical nature and that nonperformance will not
1782 endanger public health, safety, or property;
1783 b. The prime contractor is a qualified nonprofit agency for
1784 the blind or for the other severely handicapped under s.
1785 413.036(2); or
1786 c. The prime contractor is using a subcontractor that is a
1787 qualified nonprofit agency for the blind or for the other
1788 severely handicapped under s. 413.036(2). However, the
1789 department may not waive more than the amount of the
1790 subcontract.
1791 2. If the Secretary of Transportation or the secretary’s
1792 designee determines that it is in the best interests of the
1793 department to reduce the bonding requirement for a project and
1794 that to do so will not endanger public health, safety, or
1795 property, the department may waive the requirement of a surety
1796 bond in an amount equal to the awarded contract price for a
1797 project having a contract price of $250 million or more and, in
1798 its place, may set a surety bond amount that is a portion of the
1799 total contract price and provide an alternate means of security
1800 for the balance of the contract amount that is not covered by
1801 the surety bond or provide for incremental surety bonding and
1802 provide an alternate means of security for the balance of the
1803 contract amount that is not covered by the surety bond. Such
1804 alternative means of security may include letters of credit,
1805 United States bonds and notes, parent company guarantees, and
1806 cash collateral. The department may require alternate means of
1807 security if a surety bond is waived. The surety on such bond
1808 shall be a surety company authorized to do business in the
1809 state. All bonds shall be payable to the department and
1810 conditioned for the prompt, faithful, and efficient performance
1811 of the contract according to plans and specifications and within
1812 the time period specified, and for the prompt payment of all
1813 persons defined in s. 713.01 furnishing labor, material,
1814 equipment, and supplies for work provided in the contract;
1815 however, whenever an improvement, demolition, or removal
1816 contract price is $25,000 or less, the security may, in the
1817 discretion of the bidder, be in the form of a cashier’s check,
1818 bank money order of any state or national bank, certified check,
1819 or postal money order. The department shall adopt rules to
1820 implement this subsection. Such rules shall include provisions
1821 under which the department shall refuse to accept bonds on
1822 contracts when a surety wrongfully fails or refuses to settle or
1823 provide a defense for claims or actions arising under a contract
1824 for which the surety previously furnished a bond.
1825 Section 34. Subsection (4) of section 338.165, Florida
1826 Statutes, is amended, and subsection (11) is added to that
1827 section, to read:
1828 338.165 Continuation of tolls.—
1829 (4) Notwithstanding any other law to the contrary, pursuant
1830 to s. 11, Art. VII of the State Constitution, and subject to the
1831 requirements of subsection (2), the Department of Transportation
1832 may request the Division of Bond Finance to issue bonds secured
1833 by toll revenues collected on the Alligator Alley and, the
1834 Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
1835 Bridge, and the Pinellas Bayway to fund transportation projects
1836 located within the county or counties in which the project is
1837 located and contained in the adopted work program of the
1838 department.
1839 (11) The department’s Pinellas Bayway System may be
1840 transferred by the department and become part of the turnpike
1841 system under the Florida Turnpike Enterprise Law. The transfer
1842 does not affect the rights of the parties, or their successors
1843 in interest, under the settlement agreement and final judgment
1844 in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
1845 v. State Road Department of the State of Florida, No. 67-1081
1846 (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
1847 System to the turnpike system, the department shall also
1848 transfer to the Florida Turnpike Enterprise the funds deposited
1849 in the reserve account established by chapter 85-364, Laws of
1850 Florida, as amended by chapters 95-382 and 2014-223, Laws of
1851 Florida, which funds shall be used by the Florida Turnpike
1852 Enterprise solely to help fund the costs of repair or
1853 replacement of the transferred facilities.
1854 Section 35. Chapter 85-364, Laws of Florida, as amended by
1855 chapter 95-382 and section 48 of chapter 2014-223, Laws of
1856 Florida, is repealed.
1857 Section 36. Subsections (5) and (6) of section 338.231,
1858 Florida Statutes, are amended to read:
1859 338.231 Turnpike tolls, fixing; pledge of tolls and other
1860 revenues.—The department shall at all times fix, adjust, charge,
1861 and collect such tolls and amounts for the use of the turnpike
1862 system as are required in order to provide a fund sufficient
1863 with other revenues of the turnpike system to pay the cost of
1864 maintaining, improving, repairing, and operating such turnpike
1865 system; to pay the principal of and interest on all bonds issued
1866 to finance or refinance any portion of the turnpike system as
1867 the same become due and payable; and to create reserves for all
1868 such purposes.
1869 (5) In each fiscal year while any of the bonds of the
1870 Broward County Expressway Authority series 1984 and series 1986
1871 A remain outstanding, the department is authorized to pledge
1872 revenues from the turnpike system to the payment of principal
1873 and interest of such series of bonds and the operation and
1874 maintenance expenses of the Sawgrass Expressway, to the extent
1875 gross toll revenues of the Sawgrass Expressway are insufficient
1876 to make such payments. The terms of an agreement relative to the
1877 pledge of turnpike system revenue will be negotiated with the
1878 parties of the 1984 and 1986 Broward County Expressway Authority
1879 lease-purchase agreements, and subject to the covenants of those
1880 agreements. The agreement must establish that the Sawgrass
1881 Expressway is subject to the planning, management, and operating
1882 control of the department limited only by the terms of the
1883 lease-purchase agreements. The department shall provide for the
1884 payment of operation and maintenance expenses of the Sawgrass
1885 Expressway until such agreement is in effect. This pledge of
1886 turnpike system revenues is subordinate to the debt service
1887 requirements of any future issue of turnpike bonds, the payment
1888 of turnpike system operation and maintenance expenses, and
1889 subject to any subsequent resolution or trust indenture relating
1890 to the issuance of such turnpike bonds.
1891 (5)(6) The use and disposition of revenues pledged to bonds
1892 are subject to ss. 338.22-338.241 and such regulations as the
1893 resolution authorizing the issuance of the bonds or such trust
1894 agreement may provide.
1895 Section 36. Paragraph (i) of subsection (6) and paragraph
1896 (c) of subsection (7) of section 339.175, Florida Statutes, are
1897 amended to read:
1898 339.175 Metropolitan planning organization.—
1899 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1900 privileges, and authority of an M.P.O. are those specified in
1901 this section or incorporated in an interlocal agreement
1902 authorized under s. 163.01. Each M.P.O. shall perform all acts
1903 required by federal or state laws or rules, now and subsequently
1904 applicable, which are necessary to qualify for federal aid. It
1905 is the intent of this section that each M.P.O. shall be involved
1906 in the planning and programming of transportation facilities,
1907 including, but not limited to, airports, intercity and high
1908 speed rail lines, seaports, and intermodal facilities, to the
1909 extent permitted by state or federal law.
1910 (i) The Tampa Bay Area Regional Transportation Authority
1911 Metropolitan Planning Organization Chairs A chair’s Coordinating
1912 Committee is created within the Tampa Bay Area Regional
1913 Transportation Authority, composed of the M.P.O.’s serving
1914 Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk,
1915 and Sarasota Counties. The authority shall provide
1916 administrative support and direction to the committee. The
1917 committee must, at a minimum:
1918 1. Coordinate transportation projects deemed to be
1919 regionally significant by the committee.
1920 2. Review the impact of regionally significant land use
1921 decisions on the region.
1922 3. Review all proposed regionally significant
1923 transportation projects in the respective transportation
1924 improvement programs which affect more than one of the M.P.O.’s
1925 represented on the committee.
1926 4. Institute a conflict resolution process to address any
1927 conflict that may arise in the planning and programming of such
1928 regionally significant projects.
1929 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
1930 develop a long-range transportation plan that addresses at least
1931 a 20-year planning horizon. The plan must include both long
1932 range and short-range strategies and must comply with all other
1933 state and federal requirements. The prevailing principles to be
1934 considered in the long-range transportation plan are: preserving
1935 the existing transportation infrastructure; enhancing Florida’s
1936 economic competitiveness; and improving travel choices to ensure
1937 mobility. The long-range transportation plan must be consistent,
1938 to the maximum extent feasible, with future land use elements
1939 and the goals, objectives, and policies of the approved local
1940 government comprehensive plans of the units of local government
1941 located within the jurisdiction of the M.P.O. Each M.P.O. is
1942 encouraged to consider strategies that integrate transportation
1943 and land use planning to provide for sustainable development and
1944 reduce greenhouse gas emissions. The approved long-range
1945 transportation plan must be considered by local governments in
1946 the development of the transportation elements in local
1947 government comprehensive plans and any amendments thereto. The
1948 long-range transportation plan must, at a minimum:
1949 (c) Assess capital investment and other measures necessary
1950 to:
1951 1. Ensure the preservation of the existing metropolitan
1952 transportation system including requirements for the operation,
1953 resurfacing, restoration, and rehabilitation of major roadways
1954 and requirements for the operation, maintenance, modernization,
1955 and rehabilitation of public transportation facilities; and
1956 2. Make the most efficient use of existing transportation
1957 facilities to relieve vehicular congestion, improve safety, and
1958 maximize the mobility of people and goods. Such efforts must
1959 include, but are not limited to, consideration of infrastructure
1960 and technological improvements necessary to accommodate advances
1961 in vehicle technology, such as autonomous technology and other
1962 developments.
1963
1964 In the development of its long-range transportation plan, each
1965 M.P.O. must provide the public, affected public agencies,
1966 representatives of transportation agency employees, freight
1967 shippers, providers of freight transportation services, private
1968 providers of transportation, representatives of users of public
1969 transit, and other interested parties with a reasonable
1970 opportunity to comment on the long-range transportation plan.
1971 The long-range transportation plan must be approved by the
1972 M.P.O.
1973 Section 37. Subsection (2) of section 339.2818, Florida
1974 Statutes, is amended to read:
1975 339.2818 Small County Outreach Program.—
1976 (2)(a) For the purposes of this section, the term “small
1977 county” means any county that has a population of 170,000
1978 150,000 or less as determined by the most recent official
1979 estimate pursuant to s. 186.901.
1980 (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
1981 year, for purposes of this section, the term “small county”
1982 means any county that has a population of 165,000 or less as
1983 determined by the most recent official estimate pursuant to s.
1984 186.901. This paragraph expires July 1, 2016.
1985 Section 38. Subsections (1) and (2) of section 339.55,
1986 Florida Statutes, are amended to read:
1987 339.55 State-funded infrastructure bank.—
1988 (1) There is created within the Department of
1989 Transportation a state-funded infrastructure bank for the
1990 purpose of providing loans and credit enhancements to government
1991 units and private entities for use in constructing and improving
1992 transportation facilities or ancillary facilities that produce
1993 or distribute natural gas or fuel.
1994 (2) The bank may lend capital costs or provide credit
1995 enhancements for:
1996 (a) A transportation facility project that is on the State
1997 Highway System or that provides for increased mobility on the
1998 state’s transportation system or provides intermodal
1999 connectivity with airports, seaports, rail facilities, and other
2000 transportation terminals, pursuant to s. 341.053, for the
2001 movement of people and goods.
2002 (b) Projects of the Transportation Regional Incentive
2003 Program which are identified pursuant to s. 339.2819(4).
2004 (c)1. Emergency loans for damages incurred to public-use
2005 commercial deepwater seaports, public-use airports, and other
2006 public-use transit and intermodal facilities that are within an
2007 area that is part of an official state declaration of emergency
2008 pursuant to chapter 252 and all other applicable laws. Such
2009 loans:
2010 a. May not exceed 24 months in duration except in extreme
2011 circumstances, for which the Secretary of Transportation may
2012 grant up to 36 months upon making written findings specifying
2013 the conditions requiring a 36-month term.
2014 b. Require application from the recipient to the department
2015 that includes documentation of damage claims filed with the
2016 Federal Emergency Management Agency or an applicable insurance
2017 carrier and documentation of the recipient’s overall financial
2018 condition.
2019 c. Are subject to approval by the Secretary of
2020 Transportation and the Legislative Budget Commission.
2021 2. Loans provided under this paragraph must be repaid upon
2022 receipt by the recipient of eligible program funding for damages
2023 in accordance with the claims filed with the Federal Emergency
2024 Management Agency or an applicable insurance carrier, but no
2025 later than the duration of the loan.
2026 (d) Beginning July 1, 2017, applications for the
2027 development and construction of natural gas fuel production or
2028 distribution facilities used primarily to support the
2029 transportation activities at seaports or intermodal facilities.
2030 Loans under this paragraph may be used to refinance outstanding
2031 debt.
2032 Section 39. Paragraph (c) is added to subsection (3) of
2033 section 339.64, Florida Statutes, and paragraph (a) of
2034 subsection (4) of that section is amended, to read:
2035 339.64 Strategic Intermodal System Plan.—
2036 (3)
2037 (c) The department shall coordinate with federal, regional,
2038 and local partners, as well as industry representatives, to
2039 consider infrastructure and technological improvements necessary
2040 to accommodate advances in vehicle technology, such as
2041 autonomous technology and other developments, in Strategic
2042 Intermodal System facilities.
2043 (4) The Strategic Intermodal System Plan shall include the
2044 following:
2045 (a) A needs assessment that must include, but is not
2046 limited to, consideration of infrastructure and technological
2047 improvements necessary to accommodate advances in vehicle
2048 technology, such as autonomous technology and other
2049 developments.
2050 Section 40. Section 341.0532, Florida Statutes, is
2051 repealed.
2052 Section 41. Paragraphs (a) and (b) of subsection (2) of
2053 section 343.92, Florida Statutes, are amended to read:
2054 343.92 Tampa Bay Area Regional Transportation Authority.—
2055 (2) The governing board of the authority shall consist of
2056 15 voting 16 members.
2057 (a) There shall be one nonvoting, ex officio member of the
2058 board who shall be appointed by The secretary of the department
2059 shall appoint two advisors to the board but who must be the
2060 district secretary for each one of the department districts
2061 within the seven-county area of the authority, at the discretion
2062 of the secretary of the department.
2063 (b) The There shall be 15 voting members of the board shall
2064 be as follows:
2065 1. The county commissions of Citrus, Hernando,
2066 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota Counties
2067 shall each appoint one elected official to the board. Members
2068 appointed under this subparagraph shall serve 2-year terms with
2069 not more than three consecutive terms being served by any
2070 person. If a member under this subparagraph leaves elected
2071 office, a vacancy exists on the board to be filled as provided
2072 in this subparagraph.
2073 2. The Tampa Bay Area Regional Transportation Authority
2074 (TBARTA) Metropolitan Planning Organization West Central Florida
2075 M.P.O. Chairs Coordinating Committee shall appoint one member to
2076 the board who must be a chair of one of the six metropolitan
2077 planning organizations in the region. The member appointed under
2078 this subparagraph shall serve a 2-year term with not more than
2079 three consecutive terms being served by any person.
2080 3.a. Two members of the board shall be the mayor, or the
2081 mayor’s designee, of the largest municipality within the service
2082 area of each of the following independent transit agencies or
2083 their legislatively created successor agencies: Pinellas
2084 Suncoast Transit Authority and Hillsborough Area Regional
2085 Transit Authority. The largest municipality is that municipality
2086 with the largest population as determined by the most recent
2087 United States Decennial Census.
2088 b. Should a mayor choose not to serve, his or her designee
2089 must be an elected official selected by the mayor from that
2090 largest municipality’s city council or city commission. A mayor
2091 or his or her designee shall serve a 2-year term with not more
2092 than three consecutive terms being served by any person.
2093 c. A designee’s term ends if the mayor leaves office for
2094 any reason. If a designee leaves elected office on the city
2095 council or commission, a vacancy exists on the board to be
2096 filled by the mayor of that municipality as provided in sub
2097 subparagraph a.
2098 d. A mayor who has served three consecutive terms on the
2099 board must designate an elected official from that largest
2100 municipality’s city council or city commission to serve on the
2101 board for at least one term.
2102 4.a. One membership on the board shall rotate every 2 years
2103 between the mayor, or his or her designee, of the largest
2104 municipality within Manatee County and the mayor, or his or her
2105 designee, of the largest municipality within Sarasota County.
2106 The mayor, or his or her designee, from the largest municipality
2107 within Manatee County shall serve the first 2-year term. The
2108 largest municipality is that municipality with the largest
2109 population as determined by the most recent United States
2110 Decennial Census.
2111 b. Should a mayor choose not to serve, his or her designee
2112 must be an elected official selected by the mayor from that
2113 municipality’s city council or city commission.
2114 5. The Governor shall appoint to the board four business
2115 representatives, each of whom must reside in one of the seven
2116 counties governed by the authority, none of whom may be elected
2117 officials, and at least one but not more than two of whom shall
2118 represent counties within the federally designated Tampa Bay
2119 Transportation Management Area. Members appointed by the
2120 Governor shall serve 3-year terms with not more than two
2121 consecutive terms being served by any person.
2122 Section 42. Paragraphs (d), (e), and (f) of subsection (3)
2123 of section 343.922, Florida Statutes, are amended, and paragraph
2124 (g) is added to that subsection, to read:
2125 343.922 Powers and duties.—
2126 (3)
2127 (d) After its adoption, the master plan shall be updated
2128 every 5 2 years before July 1.
2129 (e) The authority shall present the original master plan
2130 and updates to the governing bodies of the counties within the
2131 seven-county region, to the TBARTA Metropolitan Planning
2132 Organization West Central Florida M.P.O. Chairs Coordinating
2133 Committee, and to the legislative delegation members
2134 representing those counties within 90 days after adoption.
2135 (f) The authority shall coordinate plans and projects with
2136 the TBARTA Metropolitan Planning Organization West Central
2137 Florida M.P.O. Chairs Coordinating Committee, to the extent
2138 practicable, and participate in the regional M.P.O. planning
2139 process to ensure regional comprehension of the authority’s
2140 mission, goals, and objectives.
2141 (g) The authority shall provide administrative support and
2142 direction to the TBARTA Metropolitan Planning Organization
2143 Chairs Coordinating Committee as provided in s. 339.175(6)(i).
2144 Section 43. Subsection (3) of section 348.565, Florida
2145 Statutes, is amended, and subsection (5) is added to that
2146 section, to read:
2147 348.565 Revenue bonds for specified projects.—The existing
2148 facilities that constitute the Tampa-Hillsborough County
2149 Expressway System are hereby approved to be refinanced by
2150 revenue bonds issued by the Division of Bond Finance of the
2151 State Board of Administration pursuant to s. 11(f), Art. VII of
2152 the State Constitution and the State Bond Act or by revenue
2153 bonds issued by the authority pursuant to s. 348.56(1)(b). In
2154 addition, the following projects of the Tampa-Hillsborough
2155 County Expressway Authority are approved to be financed or
2156 refinanced by the issuance of revenue bonds in accordance with
2157 this part and s. 11(f), Art. VII of the State Constitution:
2158 (3) Lee Roy Selmon Crosstown Expressway System widening,
2159 and any extensions thereof.
2160 (5) Capital projects that the authority is authorized to
2161 acquire, construct, reconstruct, equip, operate, and maintain
2162 pursuant to this part, including, without limitation, s.
2163 348.54(15), provided that any financing of such projects does
2164 not pledge the full faith and credit of the state.
2165 Section 44. Subsection (20) is added to section 479.16,
2166 Florida Statutes, to read:
2167 479.16 Signs for which permits are not required.—The
2168 following signs are exempt from the requirement that a permit
2169 for a sign be obtained under this chapter but are required to
2170 comply with s. 479.11(4)-(8), and the provisions of subsections
2171 (15)-(20) (15)-(19) may not be implemented or continued if the
2172 Federal Government notifies the department that implementation
2173 or continuation will adversely affect the allocation of federal
2174 funds to the department:
2175 (20) Signs that are located within the controlled area of a
2176 federal-aid primary highway but that are on a parcel adjacent to
2177 an off-ramp to the termination point of a turnpike system, if
2178 there is no directional decision to be made by a driver, the
2179 signs are primarily facing the off-ramp, and the signs have been
2180 in existence since at least 1995.
2181
2182 If the exemptions in subsections (15)-(20) (15)-(19) are not
2183 implemented or continued due to notification from the Federal
2184 Government that the allocation of federal funds to the
2185 department will be adversely impacted, the department shall
2186 provide notice to the sign owner that the sign must be removed
2187 within 30 days after receipt of the notice. If the sign is not
2188 removed within 30 days after receipt of the notice by the sign
2189 owner, the department may remove the sign, and the costs
2190 incurred in connection with the sign removal shall be assessed
2191 against and collected from the sign owner.
2192 Section 45. The Department of Transportation, in
2193 consultation with the Department of Highway Safety and Motor
2194 Vehicles, shall study the use and safe operation of driver
2195 assistive truck platooning technology, as defined in s. 316.003,
2196 Florida Statutes, for the purpose of developing a pilot project
2197 to test vehicles that are equipped to operate using driver
2198 assistive truck platooning technology.
2199 (1) Upon conclusion of the study, the Department of
2200 Transportation, in consultation with the Department of Highway
2201 Safety and Motor Vehicles, may conduct a pilot project to test
2202 the use and safe operation of vehicles equipped with driver
2203 assistive truck platooning technology.
2204 (2) Notwithstanding ss. 316.0895 and 316.303, Florida
2205 Statutes, the Department of Transportation may conduct the pilot
2206 project in such a manner and at such locations as determined by
2207 the Department of Transportation based on the study.
2208 (3) Before the start of the pilot project, manufacturers of
2209 driver–assistive truck platooning technology being tested in the
2210 pilot project must submit to the Department of Highway Safety
2211 and Motor Vehicles an instrument of insurance, a surety bond, or
2212 proof of self-insurance acceptable to the department in the
2213 amount of $5 million.
2214 (4) Upon conclusion of the pilot project, the Department of
2215 Transportation, in consultation with the Department of Highway
2216 Safety and Motor Vehicles, shall submit the results of the study
2217 and any findings or recommendations from the pilot project to
2218 the Governor, the President of the Senate, and the Speaker of
2219 the House of Representatives.
2220 Section 46. (1)(a) The Office of Economic and Demographic
2221 Research shall evaluate and determine the economic benefits, as
2222 defined in s. 288.005(1), Florida Statutes, of the state’s
2223 investment in the Department of Transportation’s adopted work
2224 program developed in accordance with s. 339.135(5), Florida
2225 Statutes, for fiscal year 2016-2017 and the following 4 fiscal
2226 years. At a minimum, a separate return on investment shall be
2227 projected for each of the following areas:
2228 1. Roads and highways.
2229 2. Rails.
2230 3. Public transit.
2231 4. Aviation.
2232 5. Seaports.
2233 (b) The evaluation shall be limited to the funding
2234 anticipated by the adopted work program but may address the
2235 continuing economic impact for those transportation projects in
2236 the 5 years after the conclusion of the adopted work program.
2237 The evaluation must also determine the number of jobs created,
2238 the increase or decrease in personal income, and the impact on
2239 gross domestic product from the direct, indirect, and induced
2240 effects on the state’s investment in each area.
2241 (2) The Department of Transportation and each of its
2242 district offices shall provide the Office of Economic and
2243 Demographic Research full access to all data necessary to
2244 complete the evaluation, including any confidential data.
2245 (3) The Office of Economic and Demographic Research shall
2246 submit the evaluation to the President of the Senate and the
2247 Speaker of the House of Representatives by January 1, 2017.
2248 Section 47. Notwithstanding any other law or local
2249 ordinance to the contrary, non-emergency transportation services
2250 under any Medicaid program administered by the state or its
2251 contracted providers may be provided, subject only to Medicaid
2252 laws, rules, and contract terms, by entities including, but not
2253 limited to commercial airline; ground ambulances subcontracted
2254 for use as stretcher vans; ground and air ambulances; mass
2255 transit and public transportation systems; medical vehicles
2256 (wheelchair or stretcher vans); multi-load passenger van;
2257 private vehicle; private non-profit agencies; and taxi. No
2258 political subdivision may limit or proscribe the types of
2259 vehicles that may be used for non-emergency medical
2260 transportation covered by any federally-funded program or
2261 commercial health coverage product. This section shall not apply
2262 to the provision of emergency medical transportation services
2263 under part III of chapter 401.
2264 Section 48. Paragraph (c) of subsection (1) of section
2265 212.05, Florida Statutes, is amended to read:
2266 212.05 Sales, storage, use tax.—It is hereby declared to be
2267 the legislative intent that every person is exercising a taxable
2268 privilege who engages in the business of selling tangible
2269 personal property at retail in this state, including the
2270 business of making mail order sales, or who rents or furnishes
2271 any of the things or services taxable under this chapter, or who
2272 stores for use or consumption in this state any item or article
2273 of tangible personal property as defined herein and who leases
2274 or rents such property within the state.
2275 (1) For the exercise of such privilege, a tax is levied on
2276 each taxable transaction or incident, which tax is due and
2277 payable as follows:
2278 (c) At the rate of 6 percent of the gross proceeds derived
2279 from the lease or rental of tangible personal property, as
2280 defined herein; however, the following special provisions apply
2281 to the lease or rental of motor vehicles:
2282 1. When a motor vehicle is leased or rented for a period of
2283 less than 12 months:
2284 a. If the motor vehicle is rented in Florida, the entire
2285 amount of such rental is taxable, even if the vehicle is dropped
2286 off in another state.
2287 b. If the motor vehicle is rented in another state and
2288 dropped off in Florida, the rental is exempt from Florida tax.
2289 2. Except as provided in subparagraph 3., for the lease or
2290 rental of a motor vehicle for a period of not less than 12
2291 months, sales tax is due on the lease or rental payments if the
2292 vehicle is registered in this state; provided, however, that no
2293 tax shall be due if the taxpayer documents use of the motor
2294 vehicle outside this state and tax is being paid on the lease or
2295 rental payments in another state.
2296 3. The tax imposed by this chapter does not apply to the
2297 lease or rental of a commercial motor vehicle as defined in s.
2298 316.003(12)(a) 316.003(66)(a) to one lessee or rentee for a
2299 period of not less than 12 months when tax was paid on the
2300 purchase price of such vehicle by the lessor. To the extent tax
2301 was paid with respect to the purchase of such vehicle in another
2302 state, territory of the United States, or the District of
2303 Columbia, the Florida tax payable shall be reduced in accordance
2304 with the provisions of s. 212.06(7). This subparagraph shall
2305 only be available when the lease or rental of such property is
2306 an established business or part of an established business or
2307 the same is incidental or germane to such business.
2308 Section 49. Subsection (1) of section 316.1303, Florida
2309 Statutes, is amended to read:
2310 316.1303 Traffic regulations to assist mobility-impaired
2311 persons.—
2312 (1) Whenever a pedestrian who is mobility impaired is in
2313 the process of crossing a public street or highway with the
2314 assistance of a guide dog or service animal designated as such
2315 with a visible means of identification, a walker, a crutch, an
2316 orthopedic cane, or a wheelchair, the driver of a vehicle
2317 approaching the intersection, as defined in s. 316.003(17),
2318 shall bring his or her vehicle to a full stop before arriving at
2319 the intersection and, before proceeding, shall take precautions
2320 necessary to avoid injuring the pedestrian.
2321 Section 50. Paragraph (b) of subsection (2) and paragraph
2322 (a) of subsection (4) of section 316.545, Florida Statutes, are
2323 amended to read:
2324 316.545 Weight and load unlawful; special fuel and motor
2325 fuel tax enforcement; inspection; penalty; review.—
2326 (2)
2327 (b) The officer or inspector shall inspect the license
2328 plate or registration certificate of the commercial vehicle, as
2329 defined in s. 316.003(66), to determine whether if its gross
2330 weight is in compliance with the declared gross vehicle weight.
2331 If its gross weight exceeds the declared weight, the penalty
2332 shall be 5 cents per pound on the difference between such
2333 weights. In those cases when the commercial vehicle, as defined
2334 in s. 316.003(66), is being operated over the highways of the
2335 state with an expired registration or with no registration from
2336 this or any other jurisdiction or is not registered under the
2337 applicable provisions of chapter 320, the penalty herein shall
2338 apply on the basis of 5 cents per pound on that scaled weight
2339 which exceeds 35,000 pounds on laden truck tractor-semitrailer
2340 combinations or tandem trailer truck combinations, 10,000 pounds
2341 on laden straight trucks or straight truck-trailer combinations,
2342 or 10,000 pounds on any unladen commercial motor vehicle. If the
2343 license plate or registration has not been expired for more than
2344 90 days, the penalty imposed under this paragraph may not exceed
2345 $1,000. In the case of special mobile equipment as defined in s.
2346 316.003(48), which qualifies for the license tax provided for in
2347 s. 320.08(5)(b), being operated on the highways of the state
2348 with an expired registration or otherwise not properly
2349 registered under the applicable provisions of chapter 320, a
2350 penalty of $75 shall apply in addition to any other penalty
2351 which may apply in accordance with this chapter. A vehicle found
2352 in violation of this section may be detained until the owner or
2353 operator produces evidence that the vehicle has been properly
2354 registered. Any costs incurred by the retention of the vehicle
2355 shall be the sole responsibility of the owner. A person who has
2356 been assessed a penalty pursuant to this paragraph for failure
2357 to have a valid vehicle registration certificate pursuant to the
2358 provisions of chapter 320 is not subject to the delinquent fee
2359 authorized in s. 320.07 if such person obtains a valid
2360 registration certificate within 10 working days after such
2361 penalty was assessed.
2362 (4)(a) A No commercial vehicle may not, as defined in s.
2363 316.003(66), shall be operated over the highways of this state
2364 unless it has been properly registered under the provisions of
2365 s. 207.004. Whenever any law enforcement officer identified in
2366 s. 207.023(1), upon inspecting the vehicle or combination of
2367 vehicles, determines that the vehicle is in violation of s.
2368 207.004, a penalty in the amount of $50 shall be assessed, and
2369 the vehicle may be detained until payment is collected by the
2370 law enforcement officer.
2371 Section 51. Subsection (2) of section 316.605, Florida
2372 Statutes, is amended to read:
2373 316.605 Licensing of vehicles.—
2374 (2) Any commercial motor vehicle, as defined in s.
2375 316.003(66), operating over the highways of this state with an
2376 expired registration, with no registration from this or any
2377 other jurisdiction, or with no registration under the applicable
2378 provisions of chapter 320 shall be in violation of s. 320.07(3)
2379 and shall subject the owner or operator of such vehicle to the
2380 penalty provided. In addition, a commercial motor vehicle found
2381 in violation of this section may be detained by any law
2382 enforcement officer until the owner or operator produces
2383 evidence that the vehicle has been properly registered and that
2384 any applicable delinquent penalties have been paid.
2385 Section 52. Subsection (6) of section 316.6105, Florida
2386 Statutes, is amended to read:
2387 316.6105 Violations involving operation of motor vehicle in
2388 unsafe condition or without required equipment; procedure for
2389 disposition.—
2390 (6) This section does not apply to commercial motor
2391 vehicles as defined in s. 316.003(66) or transit buses owned or
2392 operated by a governmental entity.
2393 Section 53. Paragraph (a) of subsection (2) of section
2394 316.613, Florida Statutes, is amended to read:
2395 316.613 Child restraint requirements.—
2396 (2) As used in this section, the term “motor vehicle” means
2397 a motor vehicle as defined in s. 316.003 that is operated on the
2398 roadways, streets, and highways of the state. The term does not
2399 include:
2400 (a) A school bus as defined in s. 316.003(45).
2401 Section 54. Subsection (8) of section 316.622, Florida
2402 Statutes, is amended to read:
2403 316.622 Farm labor vehicles.—
2404 (8) The department shall provide to the Department of
2405 Business and Professional Regulation each quarter a copy of each
2406 accident report involving a farm labor vehicle, as defined in s.
2407 316.003(62), commencing with the first quarter of the 2006-2007
2408 fiscal year.
2409 Section 55. Paragraph (b) of subsection (1) of section
2410 316.650, Florida Statutes, is amended to read:
2411 316.650 Traffic citations.—
2412 (1)
2413 (b) The department shall prepare, and supply to every
2414 traffic enforcement agency in the state, an appropriate
2415 affidavit-of-compliance form that shall be issued along with the
2416 form traffic citation for any violation of s. 316.610 and that
2417 indicates the specific defect needing to be corrected. However,
2418 such affidavit of compliance may shall not be issued in the case
2419 of a violation of s. 316.610 by a commercial motor vehicle as
2420 defined in s. 316.003(66). Such affidavit-of-compliance form
2421 shall be distributed in the same manner and to the same parties
2422 as is the form traffic citation.
2423 Section 56. Subsection (1) of section 316.70, Florida
2424 Statutes, is amended to read:
2425 316.70 Nonpublic sector buses; safety rules.—
2426 (1) The Department of Transportation shall establish and
2427 revise standards to ensure assure the safe operation of
2428 nonpublic sector buses, as defined in s. 316.003(78), which
2429 standards shall be those contained in 49 C.F.R. parts 382, 385,
2430 and 390-397 and which shall be directed toward ensuring towards
2431 assuring that:
2432 (a) Nonpublic sector buses are safely maintained, equipped,
2433 and operated.
2434 (b) Nonpublic sector buses are carrying the insurance
2435 required by law and carrying liability insurance on the checked
2436 baggage of passengers not to exceed the standard adopted by the
2437 United States Department of Transportation.
2438 (c) Florida license tags are purchased for nonpublic sector
2439 buses pursuant to s. 320.38.
2440 (d) The driving records of drivers of nonpublic sector
2441 buses are checked by their employers at least once each year to
2442 ascertain whether the driver has a suspended or revoked driver
2443 license.
2444 Section 57. Paragraph (a) of subsection (1) of section
2445 320.01, Florida Statutes, is amended to read:
2446 320.01 Definitions, general.—As used in the Florida
2447 Statutes, except as otherwise provided, the term:
2448 (1) “Motor vehicle” means:
2449 (a) An automobile, motorcycle, truck, trailer, semitrailer,
2450 truck tractor and semitrailer combination, or any other vehicle
2451 operated on the roads of this state, used to transport persons
2452 or property, and propelled by power other than muscular power,
2453 but the term does not include traction engines, road rollers,
2454 special mobile equipment as defined in s. 316.003 316.003(48),
2455 vehicles that run only upon a track, bicycles, swamp buggies, or
2456 mopeds.
2457 Section 58. Section 320.08, Florida Statutes, is amended to
2458 read:
2459 320.08 License taxes.—Except as otherwise provided herein,
2460 there are hereby levied and imposed annual license taxes for the
2461 operation of motor vehicles, mopeds, motorized bicycles as
2462 defined in s. 316.003(2) 316.003(2), tri-vehicles as defined in
2463 s. 316.003, and mobile homes, as defined in s. 320.01, which
2464 shall be paid to and collected by the department or its agent
2465 upon the registration or renewal of registration of the
2466 following:
2467 (1) MOTORCYCLES AND MOPEDS.—
2468 (a) Any motorcycle: $10 flat.
2469 (b) Any moped: $5 flat.
2470 (c) Upon registration of a motorcycle, motor-driven cycle,
2471 or moped, in addition to the license taxes specified in this
2472 subsection, a nonrefundable motorcycle safety education fee in
2473 the amount of $2.50 shall be paid. The proceeds of such
2474 additional fee shall be deposited in the Highway Safety
2475 Operating Trust Fund to fund a motorcycle driver improvement
2476 program implemented pursuant to s. 322.025, the Florida
2477 Motorcycle Safety Education Program established in s. 322.0255,
2478 or the general operations of the department.
2479 (d) An ancient or antique motorcycle: $7.50 flat, of which
2480 $2.50 shall be deposited into the General Revenue Fund.
2481 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
2482 (a) An ancient or antique automobile, as defined in s.
2483 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
2484 (b) Net weight of less than 2,500 pounds: $14.50 flat.
2485 (c) Net weight of 2,500 pounds or more, but less than 3,500
2486 pounds: $22.50 flat.
2487 (d) Net weight of 3,500 pounds or more: $32.50 flat.
2488 (3) TRUCKS.—
2489 (a) Net weight of less than 2,000 pounds: $14.50 flat.
2490 (b) Net weight of 2,000 pounds or more, but not more than
2491 3,000 pounds: $22.50 flat.
2492 (c) Net weight more than 3,000 pounds, but not more than
2493 5,000 pounds: $32.50 flat.
2494 (d) A truck defined as a “goat,” or other vehicle if used
2495 in the field by a farmer or in the woods for the purpose of
2496 harvesting a crop, including naval stores, during such
2497 harvesting operations, and which is not principally operated
2498 upon the roads of the state: $7.50 flat. The term “goat” means a
2499 motor vehicle designed, constructed, and used principally for
2500 the transportation of citrus fruit within citrus groves or for
2501 the transportation of crops on farms, and which can also be used
2502 for hauling associated equipment or supplies, including required
2503 sanitary equipment, and the towing of farm trailers.
2504 (e) An ancient or antique truck, as defined in s. 320.086:
2505 $7.50 flat.
2506 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
2507 VEHICLE WEIGHT.—
2508 (a) Gross vehicle weight of 5,001 pounds or more, but less
2509 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
2510 deposited into the General Revenue Fund.
2511 (b) Gross vehicle weight of 6,000 pounds or more, but less
2512 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
2513 deposited into the General Revenue Fund.
2514 (c) Gross vehicle weight of 8,000 pounds or more, but less
2515 than 10,000 pounds: $103 flat, of which $27 shall be deposited
2516 into the General Revenue Fund.
2517 (d) Gross vehicle weight of 10,000 pounds or more, but less
2518 than 15,000 pounds: $118 flat, of which $31 shall be deposited
2519 into the General Revenue Fund.
2520 (e) Gross vehicle weight of 15,000 pounds or more, but less
2521 than 20,000 pounds: $177 flat, of which $46 shall be deposited
2522 into the General Revenue Fund.
2523 (f) Gross vehicle weight of 20,000 pounds or more, but less
2524 than 26,001 pounds: $251 flat, of which $65 shall be deposited
2525 into the General Revenue Fund.
2526 (g) Gross vehicle weight of 26,001 pounds or more, but less
2527 than 35,000: $324 flat, of which $84 shall be deposited into the
2528 General Revenue Fund.
2529 (h) Gross vehicle weight of 35,000 pounds or more, but less
2530 than 44,000 pounds: $405 flat, of which $105 shall be deposited
2531 into the General Revenue Fund.
2532 (i) Gross vehicle weight of 44,000 pounds or more, but less
2533 than 55,000 pounds: $773 flat, of which $201 shall be deposited
2534 into the General Revenue Fund.
2535 (j) Gross vehicle weight of 55,000 pounds or more, but less
2536 than 62,000 pounds: $916 flat, of which $238 shall be deposited
2537 into the General Revenue Fund.
2538 (k) Gross vehicle weight of 62,000 pounds or more, but less
2539 than 72,000 pounds: $1,080 flat, of which $280 shall be
2540 deposited into the General Revenue Fund.
2541 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
2542 flat, of which $343 shall be deposited into the General Revenue
2543 Fund.
2544 (m) Notwithstanding the declared gross vehicle weight, a
2545 truck tractor used within a 150-mile radius of its home address
2546 is eligible for a license plate for a fee of $324 flat if:
2547 1. The truck tractor is used exclusively for hauling
2548 forestry products; or
2549 2. The truck tractor is used primarily for the hauling of
2550 forestry products, and is also used for the hauling of
2551 associated forestry harvesting equipment used by the owner of
2552 the truck tractor.
2553
2554 Of the fee imposed by this paragraph, $84 shall be deposited
2555 into the General Revenue Fund.
2556 (n) A truck tractor or heavy truck, not operated as a for
2557 hire vehicle, which is engaged exclusively in transporting raw,
2558 unprocessed, and nonmanufactured agricultural or horticultural
2559 products within a 150-mile radius of its home address, is
2560 eligible for a restricted license plate for a fee of:
2561 1. If such vehicle’s declared gross vehicle weight is less
2562 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
2563 deposited into the General Revenue Fund.
2564 2. If such vehicle’s declared gross vehicle weight is
2565 44,000 pounds or more and such vehicle only transports from the
2566 point of production to the point of primary manufacture; to the
2567 point of assembling the same; or to a shipping point of a rail,
2568 water, or motor transportation company, $324 flat, of which $84
2569 shall be deposited into the General Revenue Fund.
2570
2571 Such not-for-hire truck tractors and heavy trucks used
2572 exclusively in transporting raw, unprocessed, and
2573 nonmanufactured agricultural or horticultural products may be
2574 incidentally used to haul farm implements and fertilizers
2575 delivered direct to the growers. The department may require any
2576 documentation deemed necessary to determine eligibility prior to
2577 issuance of this license plate. For the purpose of this
2578 paragraph, “not-for-hire” means the owner of the motor vehicle
2579 must also be the owner of the raw, unprocessed, and
2580 nonmanufactured agricultural or horticultural product, or the
2581 user of the farm implements and fertilizer being delivered.
2582 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
2583 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
2584 (a)1. A semitrailer drawn by a GVW truck tractor by means
2585 of a fifth-wheel arrangement: $13.50 flat per registration year
2586 or any part thereof, of which $3.50 shall be deposited into the
2587 General Revenue Fund.
2588 2. A semitrailer drawn by a GVW truck tractor by means of a
2589 fifth-wheel arrangement: $68 flat per permanent registration, of
2590 which $18 shall be deposited into the General Revenue Fund.
2591 (b) A motor vehicle equipped with machinery and designed
2592 for the exclusive purpose of well drilling, excavation,
2593 construction, spraying, or similar activity, and which is not
2594 designed or used to transport loads other than the machinery
2595 described above over public roads: $44 flat, of which $11.50
2596 shall be deposited into the General Revenue Fund.
2597 (c) A school bus used exclusively to transport pupils to
2598 and from school or school or church activities or functions
2599 within their own county: $41 flat, of which $11 shall be
2600 deposited into the General Revenue Fund.
2601 (d) A wrecker, as defined in s. 320.01, which is used to
2602 tow a vessel as defined in s. 327.02, a disabled, abandoned,
2603 stolen-recovered, or impounded motor vehicle as defined in s.
2604 320.01, or a replacement motor vehicle as defined in s. 320.01:
2605 $41 flat, of which $11 shall be deposited into the General
2606 Revenue Fund.
2607 (e) A wrecker that is used to tow any nondisabled motor
2608 vehicle, a vessel, or any other cargo unless used as defined in
2609 paragraph (d), as follows:
2610 1. Gross vehicle weight of 10,000 pounds or more, but less
2611 than 15,000 pounds: $118 flat, of which $31 shall be deposited
2612 into the General Revenue Fund.
2613 2. Gross vehicle weight of 15,000 pounds or more, but less
2614 than 20,000 pounds: $177 flat, of which $46 shall be deposited
2615 into the General Revenue Fund.
2616 3. Gross vehicle weight of 20,000 pounds or more, but less
2617 than 26,000 pounds: $251 flat, of which $65 shall be deposited
2618 into the General Revenue Fund.
2619 4. Gross vehicle weight of 26,000 pounds or more, but less
2620 than 35,000 pounds: $324 flat, of which $84 shall be deposited
2621 into the General Revenue Fund.
2622 5. Gross vehicle weight of 35,000 pounds or more, but less
2623 than 44,000 pounds: $405 flat, of which $105 shall be deposited
2624 into the General Revenue Fund.
2625 6. Gross vehicle weight of 44,000 pounds or more, but less
2626 than 55,000 pounds: $772 flat, of which $200 shall be deposited
2627 into the General Revenue Fund.
2628 7. Gross vehicle weight of 55,000 pounds or more, but less
2629 than 62,000 pounds: $915 flat, of which $237 shall be deposited
2630 into the General Revenue Fund.
2631 8. Gross vehicle weight of 62,000 pounds or more, but less
2632 than 72,000 pounds: $1,080 flat, of which $280 shall be
2633 deposited into the General Revenue Fund.
2634 9. Gross vehicle weight of 72,000 pounds or more: $1,322
2635 flat, of which $343 shall be deposited into the General Revenue
2636 Fund.
2637 (f) A hearse or ambulance: $40.50 flat, of which $10.50
2638 shall be deposited into the General Revenue Fund.
2639 (6) MOTOR VEHICLES FOR HIRE.—
2640 (a) Under nine passengers: $17 flat, of which $4.50 shall
2641 be deposited into the General Revenue Fund; plus $1.50 per cwt,
2642 of which 50 cents shall be deposited into the General Revenue
2643 Fund.
2644 (b) Nine passengers and over: $17 flat, of which $4.50
2645 shall be deposited into the General Revenue Fund; plus $2 per
2646 cwt, of which 50 cents shall be deposited into the General
2647 Revenue Fund.
2648 (7) TRAILERS FOR PRIVATE USE.—
2649 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
2650 year or any part thereof, of which $1.75 shall be deposited into
2651 the General Revenue Fund.
2652 (b) Net weight over 500 pounds: $3.50 flat, of which $1
2653 shall be deposited into the General Revenue Fund; plus $1 per
2654 cwt, of which 25 cents shall be deposited into the General
2655 Revenue Fund.
2656 (8) TRAILERS FOR HIRE.—
2657 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
2658 shall be deposited into the General Revenue Fund; plus $1.50 per
2659 cwt, of which 50 cents shall be deposited into the General
2660 Revenue Fund.
2661 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
2662 $3.50 shall be deposited into the General Revenue Fund; plus
2663 $1.50 per cwt, of which 50 cents shall be deposited into the
2664 General Revenue Fund.
2665 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
2666 (a) A travel trailer or fifth-wheel trailer, as defined by
2667 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
2668 flat, of which $7 shall be deposited into the General Revenue
2669 Fund.
2670 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
2671 $13.50 flat, of which $3.50 shall be deposited into the General
2672 Revenue Fund.
2673 (c) A motor home, as defined by s. 320.01(1)(b)4.:
2674 1. Net weight of less than 4,500 pounds: $27 flat, of which
2675 $7 shall be deposited into the General Revenue Fund.
2676 2. Net weight of 4,500 pounds or more: $47.25 flat, of
2677 which $12.25 shall be deposited into the General Revenue Fund.
2678 (d) A truck camper as defined by s. 320.01(1)(b)3.:
2679 1. Net weight of less than 4,500 pounds: $27 flat, of which
2680 $7 shall be deposited into the General Revenue Fund.
2681 2. Net weight of 4,500 pounds or more: $47.25 flat, of
2682 which $12.25 shall be deposited into the General Revenue Fund.
2683 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
2684 1. Net weight of less than 4,500 pounds: $27 flat, of which
2685 $7 shall be deposited into the General Revenue Fund.
2686 2. Net weight of 4,500 pounds or more: $47.25 flat, of
2687 which $12.25 shall be deposited into the General Revenue Fund.
2688 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
2689 35 FEET TO 40 FEET.—
2690 (a) Park trailers.—Any park trailer, as defined in s.
2691 320.01(1)(b)7.: $25 flat.
2692 (b) A travel trailer or fifth-wheel trailer, as defined in
2693 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
2694 (11) MOBILE HOMES.—
2695 (a) A mobile home not exceeding 35 feet in length: $20
2696 flat.
2697 (b) A mobile home over 35 feet in length, but not exceeding
2698 40 feet: $25 flat.
2699 (c) A mobile home over 40 feet in length, but not exceeding
2700 45 feet: $30 flat.
2701 (d) A mobile home over 45 feet in length, but not exceeding
2702 50 feet: $35 flat.
2703 (e) A mobile home over 50 feet in length, but not exceeding
2704 55 feet: $40 flat.
2705 (f) A mobile home over 55 feet in length, but not exceeding
2706 60 feet: $45 flat.
2707 (g) A mobile home over 60 feet in length, but not exceeding
2708 65 feet: $50 flat.
2709 (h) A mobile home over 65 feet in length: $80 flat.
2710 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
2711 motor vehicle dealer, independent motor vehicle dealer, marine
2712 boat trailer dealer, or mobile home dealer and manufacturer
2713 license plate: $17 flat, of which $4.50 shall be deposited into
2714 the General Revenue Fund.
2715 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
2716 official license plate: $4 flat, of which $1 shall be deposited
2717 into the General Revenue Fund.
2718 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
2719 vehicle for hire operated wholly within a city or within 25
2720 miles thereof: $17 flat, of which $4.50 shall be deposited into
2721 the General Revenue Fund; plus $2 per cwt, of which 50 cents
2722 shall be deposited into the General Revenue Fund.
2723 (15) TRANSPORTER.—Any transporter license plate issued to a
2724 transporter pursuant to s. 320.133: $101.25 flat, of which
2725 $26.25 shall be deposited into the General Revenue Fund.
2726 Section 59. Subsection (1) of section 320.0801, Florida
2727 Statutes, is amended to read:
2728 320.0801 Additional license tax on certain vehicles.—
2729 (1) In addition to the license taxes specified in s. 320.08
2730 and in subsection (2), there is hereby levied and imposed an
2731 annual license tax of 10 cents for the operation of a motor
2732 vehicle, as defined in s. 320.01, and moped, as defined in s.
2733 316.003 316.003(77), which tax shall be paid to the department
2734 or its agent upon the registration or renewal of registration of
2735 the vehicle. Notwithstanding the provisions of s. 320.20,
2736 revenues collected from the tax imposed in this subsection shall
2737 be deposited in the Emergency Medical Services Trust Fund and
2738 used solely for the purpose of carrying out the provisions of
2739 ss. 395.401, 395.4015, 395.404, and 395.4045 and s. 11, chapter
2740 87-399, Laws of Florida.
2741 Section 60. Section 320.38, Florida Statutes, is amended to
2742 read:
2743 320.38 When nonresident exemption not allowed.—The
2744 provisions of s. 320.37 authorizing the operation of motor
2745 vehicles over the roads of this state by nonresidents of this
2746 state when such vehicles are duly registered or licensed under
2747 the laws of some other state or foreign country do not apply to
2748 any nonresident who accepts employment or engages in any trade,
2749 profession, or occupation in this state, except a nonresident
2750 migrant or seasonal farm worker as defined in s. 316.003
2751 316.003(61). In every case in which a nonresident, except a
2752 nonresident migrant or seasonal farm worker as defined in s.
2753 316.003 316.003(61), accepts employment or engages in any trade,
2754 profession, or occupation in this state or enters his or her
2755 children to be educated in the public schools of this state,
2756 such nonresident shall, within 10 days after the commencement of
2757 such employment or education, register his or her motor vehicles
2758 in this state if such motor vehicles are proposed to be operated
2759 on the roads of this state. Any person who is enrolled as a
2760 student in a college or university and who is a nonresident but
2761 who is in this state for a period of up to 6 months engaged in a
2762 work-study program for which academic credits are earned from a
2763 college whose credits or degrees are accepted for credit by at
2764 least three accredited institutions of higher learning, as
2765 defined in s. 1005.02, is not required to have a Florida
2766 registration for the duration of the work-study program if the
2767 person’s vehicle is properly registered in another jurisdiction.
2768 Any nonresident who is enrolled as a full-time student in such
2769 institution of higher learning is also exempt for the duration
2770 of such enrollment.
2771 Section 61. Subsection (1) of section 322.031, Florida
2772 Statutes, is amended to read:
2773 322.031 Nonresident; when license required.—
2774 (1) In each case in which a nonresident, except a
2775 nonresident migrant or seasonal farm worker as defined in s.
2776 316.003 316.003(61), accepts employment or engages in a trade,
2777 profession, or occupation in this state or enters his or her
2778 children to be educated in the public schools of this state,
2779 such nonresident shall, within 30 days after beginning such
2780 employment or education, be required to obtain a Florida driver
2781 license if such nonresident operates a motor vehicle on the
2782 highways of this state. The spouse or dependent child of such
2783 nonresident shall also be required to obtain a Florida driver
2784 license within that 30-day period before operating a motor
2785 vehicle on the highways of this state.
2786 Section 62. For the purpose of incorporating the amendment
2787 made by this act to section 333.01, Florida Statutes, in a
2788 reference thereto, subsection (6) of section 350.81, Florida
2789 Statutes, is reenacted to read:
2790 350.81 Communications services offered by governmental
2791 entities.—
2792 (6) To ensure the safe and secure transportation of
2793 passengers and freight through an airport facility, as defined
2794 in s. 159.27(17), an airport authority or other governmental
2795 entity that provides or is proposing to provide communications
2796 services only within the boundaries of its airport layout plan,
2797 as defined in s. 333.01(6), to subscribers which are integral
2798 and essential to the safe and secure transportation of
2799 passengers and freight through the airport facility, is exempt
2800 from this section. An airport authority or other governmental
2801 entity that provides or is proposing to provide shared-tenant
2802 service under s. 364.339, but not dial tone enabling subscribers
2803 to complete calls outside the airport layout plan, to one or
2804 more subscribers within its airport layout plan which are not
2805 integral and essential to the safe and secure transportation of
2806 passengers and freight through the airport facility is exempt
2807 from this section. An airport authority or other governmental
2808 entity that provides or is proposing to provide communications
2809 services to one or more subscribers within its airport layout
2810 plan which are not integral and essential to the safe and secure
2811 transportation of passengers and freight through the airport
2812 facility, or to one or more subscribers outside its airport
2813 layout plan, is not exempt from this section. By way of example
2814 and not limitation, the integral, essential subscribers may
2815 include airlines and emergency service entities, and the
2816 nonintegral, nonessential subscribers may include retail shops,
2817 restaurants, hotels, or rental car companies.
2818 Section 63. Subsection (3) of section 450.181, Florida
2819 Statutes, is amended to read:
2820 450.181 Definitions.—As used in part II, unless the context
2821 clearly requires a different meaning:
2822 (3) The term “migrant laborer” has the same meaning as
2823 migrant or seasonal farm worker workers as defined in s. 316.003
2824 316.003(61).
2825 Section 64. Subsection (5) of section 559.903, Florida
2826 Statutes, is amended to read:
2827 559.903 Definitions.—As used in this act:
2828 (5) “Motor vehicle” means any automobile, truck, bus,
2829 recreational vehicle, motorcycle, motor scooter, or other motor
2830 powered vehicle, but does not include trailers, mobile homes,
2831 travel trailers, trailer coaches without independent motive
2832 power, watercraft or aircraft, or special mobile equipment as
2833 defined in s. 316.003 316.003(48).
2834 Section 65. Subsection (1) of section 655.960, Florida
2835 Statutes, is amended to read:
2836 655.960 Definitions; ss. 655.960-655.965.—As used in this
2837 section and ss. 655.961-655.965, unless the context otherwise
2838 requires:
2839 (1) “Access area” means any paved walkway or sidewalk which
2840 is within 50 feet of any automated teller machine. The term does
2841 not include any street or highway open to the use of the public,
2842 as defined in s. 316.003(76)(a) 316.003(53)(a) or (b), including
2843 any adjacent sidewalk, as defined in s. 316.003 316.003(47).
2844 Section 66. Paragraph (b) of subsection (2) of section
2845 732.402, Florida Statutes, is amended to read:
2846 732.402 Exempt property.—
2847 (2) Exempt property shall consist of:
2848 (b) Two motor vehicles as defined in s. 316.003
2849 316.003(21), which do not, individually as to either such motor
2850 vehicle, have a gross vehicle weight in excess of 15,000 pounds,
2851 held in the decedent’s name and regularly used by the decedent
2852 or members of the decedent’s immediate family as their personal
2853 motor vehicles.
2854 Section 67. Subsection (1) of section 860.065, Florida
2855 Statutes, is amended to read:
2856 860.065 Commercial transportation; penalty for use in
2857 commission of a felony.—
2858 (1) It is unlawful for any person to attempt to obtain,
2859 solicit to obtain, or obtain any means of public or commercial
2860 transportation or conveyance, including vessels, aircraft,
2861 railroad trains, or commercial vehicles as defined in s. 316.003
2862 316.003(66), with the intent to use such public or commercial
2863 transportation or conveyance to commit any felony or to
2864 facilitate the commission of any felony.
2865 Section 68. This act shall take effect July 1, 2016.
2866 ================= T I T L E A M E N D M E N T ================
2867 And the title is amended as follows:
2868 Delete everything before the enacting clause
2869 and insert:
2870 A bill to be entitled
2871 An act relating to transportation; amending s. 311.12,
2872 F.S.; establishing the Seaport Security Advisory
2873 Committee under the direction of the Florida Seaport
2874 Transportation and Economic Development Council;
2875 providing membership and duties; directing the council
2876 to establish a Seaport Security Grant Program to
2877 assist in the implementation of security at specified
2878 seaports; directing the council to review
2879 applications, make recommendations to the council, and
2880 adopt rules; amending s. 316.003, F.S.; revising and
2881 providing definitions; amending s. 316.0745, F.S.;
2882 revising the circumstances under which the Department
2883 of Transportation is authorized to direct the removal
2884 of certain traffic control devices; requiring the
2885 public agency erecting or installing such a device to
2886 bring it into compliance with certain requirements or
2887 remove it upon the direction of the department;
2888 creating s. 316.2069, F.S.; authorizing the governing
2889 body of a municipality or a county to authorize the
2890 operation of commercial megacycles on or across
2891 streets or roads under the specified conditions;
2892 authorizing the Department of Transportation to
2893 prohibit the operation of commercial megacycles on or
2894 across any road under its jurisdiction if it
2895 determines that such prohibition is necessary in the
2896 interest of safety; excluding commercial megacycle
2897 passengers from certain provisions regarding
2898 possession of open containers of alcoholic beverages
2899 in vehicles under specified conditions; providing that
2900 use of an auxiliary motor under certain circumstances
2901 is not prohibited; amending s. 316.235, F.S.; revising
2902 specifications for bus deceleration lighting systems;
2903 amending s. 316.303, F.S.; revising the prohibition
2904 from operating, under certain circumstances, a motor
2905 vehicle that is equipped with television-type
2906 receiving equipment; providing exceptions to the
2907 prohibition against displaying moving television
2908 broadcast or pre-recorded video entertainment content
2909 in vehicles; amending s. 316.640, F.S.; expanding the
2910 authority of a chartered municipal parking enforcement
2911 specialist to enforce state, county, and municipal
2912 parking laws and ordinances within the boundaries of
2913 certain counties pursuant to a memorandum of
2914 understanding; amending s. 316.85, F.S.; revising the
2915 circumstances under which a licensed driver is
2916 authorized to operate an autonomous vehicle in
2917 autonomous mode; amending s. 316.86, F.S.; deleting a
2918 provision authorizing the operation of vehicles
2919 equipped with autonomous technology on roads in this
2920 state for testing purposes by certain persons or
2921 research organizations; deleting a requirement that a
2922 human operator be present in an autonomous vehicle for
2923 testing purposes; deleting certain financial
2924 responsibility requirements for entities performing
2925 such testing; amending s. 319.145, F.S.; revising
2926 provisions relating to required equipment and
2927 operation of autonomous vehicles; amending s. 320.525,
2928 F.S.; revising the definition of the term “port
2929 vehicles and equipment”; amending s. 332.08, F.S.;
2930 extending the authorized term of certain airport
2931 related leases; amending s. 333.01, F.S.; defining and
2932 redefining terms; amending s. 333.025, F.S.; revising
2933 the requirements relating to permits required for
2934 obstructions; requiring certain existing, planned, and
2935 proposed facilities to be protected from airport
2936 hazards; requiring the local government to provide a
2937 copy of a complete permit application to the
2938 Department of Transportation’s aviation office,
2939 subject to certain requirements; requiring the
2940 department to have a specified review period following
2941 receipt of such application; providing exemptions from
2942 such review under certain circumstances; revising the
2943 circumstances under which the department issues or
2944 denies a permit; revising the department’s
2945 requirements before a permit is issued; revising the
2946 circumstances under which the department is prohibited
2947 from approving a permit; providing that the denial of
2948 a permit is subject to administrative review; amending
2949 s. 333.03, F.S.; conforming provisions to changes made
2950 by the act; revising the circumstances under which a
2951 political subdivision owning or controlling an airport
2952 and another political subdivision adopt, administer,
2953 and enforce airport protection zoning regulations or
2954 create a joint airport protection zoning board;
2955 revising the provisions relating to airport protection
2956 zoning regulations and joint airport protection zoning
2957 boards; requiring the department to be available to
2958 provide assistance to political subdivisions regarding
2959 federal obstruction standards; deleting provisions
2960 relating to certain duties of the department; revising
2961 provisions relating to airport land use compatibility
2962 zoning regulations; revising construction; providing
2963 applicability; amending s. 333.04, F.S.; authorizing
2964 certain airport zoning regulations to be incorporated
2965 in and made a part of comprehensive plans and
2966 policies, rather than a part of comprehensive zoning
2967 regulations, under certain circumstances; revising
2968 requirements relating to applicability; amending s.
2969 333.05, F.S.; revising procedures for adoption of
2970 airport zoning regulations; amending s. 333.06, F.S.;
2971 revising airport zoning regulation requirements;
2972 repealing s. 333.065, F.S., relating to guidelines
2973 regarding land use near airports; amending s. 333.07,
2974 F.S.; revising requirements relating to local
2975 government permitting of airspace obstructions;
2976 requiring a person proposing to construct, alter, or
2977 allow an airport obstruction to apply for a permit
2978 under certain circumstances; revising the
2979 circumstances under which a permit is prohibited from
2980 being issued; revising the circumstances under which
2981 the owner of a nonconforming structure is required to
2982 alter such structure to conform to the current airport
2983 protection zoning regulations; deleting provisions
2984 relating to variances from zoning regulations;
2985 requiring a political subdivision or its
2986 administrative agency to consider specified criteria
2987 in determining whether to issue or deny a permit;
2988 revising the requirements for marking and lighting in
2989 conformance with certain standards; repealing s.
2990 333.08, F.S., relating to appeals of decisions
2991 concerning airport zoning regulations; amending s.
2992 333.09, F.S.; revising the requirements relating to
2993 the administration of airport protection zoning
2994 regulations; requiring all airport protection zoning
2995 regulations to provide for the administration and
2996 enforcement of such regulations by the political
2997 subdivision or its administrative agency; requiring a
2998 political subdivision adopting airport zoning
2999 regulations to provide a permitting process, subject
3000 to certain requirements; requiring a zoning board or
3001 permitting body to implement the airport zoning
3002 regulation permitting and appeals process if such
3003 board or body already exists within a political
3004 subdivision; authorizing a person, a political
3005 subdivision or its administrative agency, or a
3006 specified joint zoning board to use the process
3007 established for an appeal, subject to certain
3008 requirements; repealing s. 333.10, F.S., relating to
3009 boards of adjustment provided for by airport zoning
3010 regulations; amending s. 333.11, F.S.; revising the
3011 requirements relating to judicial review; amending s.
3012 333.12, F.S.; revising requirements relating to the
3013 acquisition of air rights; amending s. 333.13, F.S.;
3014 conforming provisions to changes made by the act;
3015 creating s. 333.135, F.S.; requiring conflicting
3016 airport zoning regulations in effect on a specified
3017 date to be amended to conform to certain requirements;
3018 requiring certain political subdivisions to adopt
3019 certain airport zoning regulations by a specified
3020 date; requiring the department to administer a
3021 specified permitting process for certain political
3022 subdivisions; repealing s. 333.14, F.S., relating to a
3023 short title; creating s. 335.085, F.S.; providing a
3024 short title; requiring the department to install
3025 roadside barriers to shield water bodies contiguous
3026 with state roads at certain locations by a specified
3027 date under certain circumstances; providing
3028 applicability; requiring the department to review
3029 specified information related to certain motor vehicle
3030 accidents on state roads contiguous with water bodies
3031 which occurred during a specified timeframe, subject
3032 to certain requirements; requiring the department to
3033 submit a report to the Legislature by a specified
3034 date, subject to certain requirements; amending s.
3035 337.0261, F.S.; requiring local governments to
3036 consider information provided by the department
3037 regarding the effect that approving or denying certain
3038 regulations may have on the cost of construction
3039 aggregate materials in the local area, the region, and
3040 the state; amending s. 337.18, F.S.; revising
3041 conditions for waiver of a required surety bond;
3042 amending s. 338.165, F.S.; deleting an authorization
3043 to issue certain bonds secured by toll revenues
3044 collected on the Beeline-East Expressway, the Navarre
3045 Bridge, and the Pinellas Bayway; authorizing the
3046 department’s Pinellas Bayway System to be transferred
3047 by the department and become part of the turnpike
3048 system under the Florida Turnpike Enterprise Law;
3049 providing applicability; requiring the department to
3050 transfer certain funds to the Florida Turnpike
3051 Enterprise for certain purposes; repealing chapter 85
3052 364, Laws of Florida, as amended, relating to the
3053 Pinellas Bayway; amending s. 338.231, F.S.; deleting
3054 provisions relating to the use of revenues from the
3055 turnpike system to pay the principal and interest of a
3056 specified series of bonds and certain expenses of the
3057 Sawgrass Expressway; amending s. 339.175, F.S.;
3058 requiring certain long-range transportation plans to
3059 include assessment of capital investment and other
3060 measures necessary to make the most efficient use of
3061 existing transportation facilities to improve safety;
3062 requiring the assessments to include consideration of
3063 infrastructure and technological improvements
3064 necessary to accommodate advances in vehicle
3065 technology; amending s. 339.175, F.S., relating to the
3066 Tampa Bay Area Regional Transportation Authority;
3067 revising provisions for a coordinating committee
3068 composed of metropolitan planning organizations;
3069 designating the committee as the “TBARTA Metropolitan
3070 Planning Organizations Chairs Coordinating Committee”;
3071 revising membership of the committee; providing duties
3072 of the authority, M.P.O.’s, and the department;
3073 requiring certain long-range transportation plans to
3074 include assessment of capital investment and other
3075 measures necessary to make the most efficient use of
3076 existing transportation facilities to improve safety;
3077 requiring the assessments to include consideration of
3078 infrastructure and technological improvements
3079 necessary to accommodate advances in vehicle
3080 technology; amending s. 339.2818, F.S.; increasing the
3081 population ceiling in the definition of the term
3082 “small county” for purposes of the Small County
3083 Outreach Program; deleting an alternative definition
3084 of the term “small county” for a specified fiscal
3085 year; amending s. 339.55, F.S.; revising the purpose
3086 of the state-funded infrastructure bank within the
3087 department to include constructing and improving
3088 ancillary facilities that produce or distribute
3089 natural gas or fuel; authorizing the department to
3090 consider applications for loans from the bank for
3091 development and construction of natural gas fuel
3092 production or distribution facilities used primarily
3093 to support transportation activities at seaports or
3094 intermodal facilities beginning on a specified date;
3095 authorizing use of such loans to refinance outstanding
3096 debt; amending s. 339.64, F.S.; requiring the
3097 department to coordinate with certain partners and
3098 industry representatives to consider infrastructure
3099 and technological improvements necessary to
3100 accommodate advances in vehicle technology in
3101 Strategic Intermodal System facilities; requiring the
3102 Strategic Intermodal System Plan to include a needs
3103 assessment regarding such infrastructure and
3104 technological improvements; repealing s. 341.0532,
3105 F.S., relating to statewide transportation corridors;
3106 amending s. 343.92, F.S.; revising the membership of
3107 the governing board of the Tampa Bay Area Regional
3108 Transportation Authority; requiring the secretary of
3109 the department to appoint two advisors to the board
3110 subject to certain requirements, rather than
3111 appointing one nonvoting, ex officio member of the
3112 board; amending s. 343.922, F.S.; requiring the
3113 authority to present a certain master plan and updates
3114 to, and coordinate projects and plans with, the Tampa
3115 Bay Area Regional Transportation Authority (TBARTA)
3116 Metropolitan Planning Organization Chairs Coordinating
3117 Committee, rather than the West Central Florida M.P.O.
3118 Chairs Coordinating Committee; requiring the authority
3119 to provide certain administrative support and
3120 direction to the TBARTA Metropolitan Planning
3121 Organization Chairs Coordinating Committee; amending
3122 s. 348.565, F.S.; expanding the list of projects of
3123 the Tampa-Hillsborough County Expressway Authority
3124 which are approved to be financed or refinanced by the
3125 issuance of certain revenue bonds; amending s. 479.16,
3126 F.S.; exempting certain signs from a specified permit,
3127 subject to certain requirements and restrictions;
3128 amending s. 343.922, F.S.; increasing the period of
3129 time in which a master plan must be updated; requiring
3130 the authority to present a certain master plan and
3131 updates to, and coordinate projects and plans with,
3132 the Tampa Bay Area Regional Transportation Authority
3133 (TBARTA) Metropolitan Planning Organization Chairs
3134 Coordinating Committee, rather than the West Central
3135 Florida M.P.O. Chairs Coordinating Committee;
3136 requiring the authority to provide certain
3137 administrative support and direction to the TBARTA
3138 Metropolitan Planning Organization Chairs Coordinating
3139 Committee; amending s. 348.565, F.S.; expanding the
3140 list of projects of the Tampa-Hillsborough County
3141 Expressway Authority which are approved to be financed
3142 or refinanced by the issuance of certain revenue
3143 bonds; amending s. 479.16, F.S.; exempting certain
3144 signs from a specified permit, subject to certain
3145 requirements and restrictions; directing the
3146 Department of Transportation to study the operation of
3147 driver-assistive truck platooning technology;
3148 authorizing the department to conduct a pilot project
3149 to test such operation; providing security
3150 requirements; requiring a report to the Governor and
3151 the Legislature; directing the Office of Economic and
3152 Demographic Research to determine the economic
3153 benefits of the Department of Transportation’s adopted
3154 work program; directing the department to provide
3155 access to necessary data; prohibits local governmental
3156 entities from regulating certain non-emergency medical
3157 transportation service providers under any specified
3158 Medicaid program, subject only to Medicaid laws,
3159 rules, and contract terms; prohibiting a political
3160 subdivision from limiting or proscribing the types of
3161 vehicles that may be used to provide certain non
3162 emergency medical transportation; providing
3163 applicability; providing an effective date.