Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1220
Ì806286CÎ806286
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Massullo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 126 - 648
4 and insert:
5 Section 1. Paragraph (c) of subsection (3) of section
6 20.23, Florida Statutes, is amended to read:
7 20.23 Department of Transportation.—There is created a
8 Department of Transportation which shall be a decentralized
9 agency.
10 (3) The Legislature finds that the transportation industry
11 is critical to the economic future of this state and that the
12 competitiveness of the industry in this state depends upon the
13 development and maintenance of a qualified workforce and
14 cutting-edge research and innovation. The Legislature further
15 finds that the transportation industry in this state has varied
16 and complex workforce needs ranging from technical and
17 mechanical training to continuing education opportunities for
18 workers with advanced degrees and certifications. The timely
19 need also exists for coordinated research and innovation efforts
20 to promote emerging technologies and innovative construction
21 methods and tools and to address alternative funding mechanisms.
22 It is the intent of the Legislature to support programs designed
23 to address the workforce development needs of the state’s
24 transportation industry.
25 (c) The institute shall report to the department and shall
26 be composed of members from the University of Florida, the
27 Florida State University Indian River State College, the
28 University of Central Florida, the University of South Florida,
29 and Florida International University. The department shall
30 select a member to serve as the administrative lead of the
31 institute. The department shall assess the performance of the
32 administrative lead periodically to ensure accountability and
33 assess the attainment of performance goals.
34 Section 2. Paragraph (h) of subsection (4) of section
35 260.0142, Florida Statutes, is amended to read:
36 260.0142 Florida Greenways and Trails Council; composition;
37 powers and duties.—
38 (4) The duties of the council include the following:
39 (h) Make recommendations for updating and revising the
40 implementation plan for the Florida Greenways and Trails System,
41 including, but not limited to, recommendations for
42 prioritization of regionally significant trails within the
43 Florida Shared-Use Nonmotorized Trail Network. The council shall
44 meet within 90 days after the Department of Transportation
45 submits its report pursuant to s. 339.81(8) to update its
46 recommendations for prioritization of regionally significant
47 trails within the network.
48 Section 3. Paragraph (b) of subsection (2) of section
49 311.14, Florida Statutes, is amended to read:
50 311.14 Seaport planning.—
51 (2) Each port shall develop a strategic plan with a 10-year
52 horizon. Each plan must include the following:
53 (b) An infrastructure development and improvement component
54 that identifies all projected infrastructure improvements within
55 the plan area which require improvement, expansion, or
56 development in order for a port to attain a strategic advantage
57 for competition with national and international competitors.
58 This component must provide strategies for obtaining and
59 maintaining critical infrastructure resources for the port and
60 its tenants. Such strategies must include long-term contracts,
61 rights of first refusal regarding the sale or lease of property
62 storing such resources, and contingency plans for obtaining such
63 resources. For purposes of this paragraph, the term “critical
64 infrastructure resources,” includes, but is not limited to,
65 access to electricity, fuel, and water resources.
66
67 To the extent feasible, the port strategic plan must be
68 consistent with the local government comprehensive plans of the
69 units of local government in which the port is located. Upon
70 approval of a plan by the port’s board, the plan shall be
71 submitted to the Florida Seaport Transportation and Economic
72 Development Council.
73 Section 4. Section 311.26, Florida Statutes, is created to
74 read:
75 311.26 Florida seaport maritime industrial base.—The
76 Department of Transportation shall coordinate with the
77 Department of Commerce, the ports specified in s. 311.09, and
78 the Federal Government to identify and prioritize key maritime
79 components in the supply chain which are essential to
80 strengthening and expanding this state’s maritime industrial
81 base. The ports shall support projects prioritized by the
82 Department of Transportation which will directly support the
83 building and construction, maintenance, and modernization of
84 commercial vessels, including cargo vessels, and vessels
85 designed for national defense. Projects must be evaluated by
86 their estimated return on invested capital, job creation, and
87 contribution to the economic competitiveness and national
88 security interests of this state and the United States.
89 Additional consideration must include the anticipated
90 enhancement of this state’s commercial maritime capabilities.
91 Section 5. Subsection (59) of section 316.003, Florida
92 Statutes, is amended to read:
93 316.003 Definitions.—The following words and phrases, when
94 used in this chapter, shall have the meanings respectively
95 ascribed to them in this section, except where the context
96 otherwise requires:
97 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
98 device that:
99 (a) Is operated on sidewalks, and crosswalks, bicycle
100 lanes, or bicycle paths or on the shoulders of streets,
101 roadways, or highways, not including limited access facilities,
102 and intended primarily for transporting property;
103 (b) Has a weight that does not exceed the maximum weight
104 established by Department of Transportation rule;
105 (c) Operates at Has a maximum speed of 10 miles per hour on
106 sidewalks and crosswalks and 20 miles per hour on bicycle lanes
107 or bicycle paths or on the shoulders of streets, roadways, or
108 highways, not including limited access facilities; and
109 (d) Is equipped with technology to allow for operation of
110 the device with or without the active control or monitoring of a
111 natural person.
112
113 A personal delivery device is not considered a vehicle unless
114 expressly defined by law as a vehicle. A mobile carrier is not
115 considered a personal delivery device. The Department of
116 Transportation may adopt rules to implement this subsection.
117 Section 6. Paragraph (b) of subsection (7) of section
118 316.008, Florida Statutes, is amended, and paragraph (c) is
119 added to that subsection, to read:
120 316.008 Powers of local authorities.—
121 (7)
122 (b)1. Except as provided in subparagraphs 2. and 3.
123 subparagraph 2., a personal delivery device may be operated on
124 sidewalks, crosswalks, bicycle lanes, and bicycle paths and on
125 the shoulders of streets, roadways, and highways, not including
126 limited access facilities, and a mobile carrier may be operated
127 on sidewalks and crosswalks within a county or municipality when
128 such use is permissible under federal law. This subparagraph
129 paragraph does not restrict a county or municipality from
130 otherwise adopting regulations for the safe operation of
131 personal delivery devices and mobile carriers.
132 2. A personal delivery device may not be operated on the
133 Florida Shared-Use Nonmotorized Trail Network created under s.
134 339.81 or components of the Florida Greenways and Trails System
135 created under chapter 260 or in state forests, state parks, or
136 wildlife management areas.
137 3. A personal delivery device or mobile carrier may not be
138 operated within a theme park or entertainment complex as defined
139 in s. 509.013(9), or within an independent special district
140 created by local act which has boundaries within two contiguous
141 counties.
142 (c) A county or municipality may not enact, impose, levy,
143 collect, or enforce a fee for operating personal delivery
144 devices, except as expressly authorized by state statute.
145 Section 7. Subsections (1) and (3) of section 316.2071,
146 Florida Statutes, are amended, and subsections (5) and (6) are
147 added to that section, to read:
148 316.2071 Personal delivery devices and mobile carriers.—
149 (1) Notwithstanding any other provision of law to the
150 contrary, a personal delivery device may operate on sidewalks,
151 crosswalks, bicycle lanes, and bicycle paths and on the
152 shoulders of streets, roadways, and highways, not including
153 limited access facilities, and a or mobile carrier may operate
154 on sidewalks and crosswalks, subject to s. 316.008(7)(b). A
155 personal delivery device or mobile carrier operating on a
156 sidewalk or crosswalk has all the rights and duties applicable
157 to a pedestrian under the same circumstances. A, except that the
158 personal delivery device or mobile carrier may must not
159 unreasonably interfere with pedestrians, bicycles, or motor
160 vehicles traffic and must yield the right-of-way to pedestrians
161 on the sidewalk or crosswalk.
162 (3)(a) A personal delivery device and a mobile carrier may
163 not do any of the following:
164 1.(a) Operate on a sidewalk, crosswalk, bicycle lane, or
165 bicycle path or on the shoulder of a street, roadway, or highway
166 unless the personal delivery device meets minimum criteria
167 established by the Department of Transportation and a human
168 operator is capable of controlling and monitoring the navigation
169 and operation of the personal delivery device public highway
170 except to the extent necessary to cross a crosswalk.
171 2. Transport hazardous materials as defined in s. 316.003.
172 3. Operate on a limited access facility.
173 (b) A mobile carrier may not do any of the following:
174 1. Operate on a public highway except to the extent
175 necessary to cross a crosswalk.
176 2. Operate on a sidewalk or crosswalk unless the personal
177 delivery device operator is actively controlling or monitoring
178 the navigation and operation of the personal delivery device or
179 a mobile carrier owner remains within 25 feet of the mobile
180 carrier.
181 3.(c) Transport hazardous materials as defined in s.
182 316.003.
183 4.(d) For mobile carriers, Transport persons or animals.
184 (5) A personal delivery device or mobile carrier may not
185 operate within a theme park or entertainment complex as defined
186 in s. 509.013(9), or within an independent special district
187 created by local act which has boundaries within two contiguous
188 counties.
189 (6) The Department of Transportation may adopt rules to
190 implement this section.
191 Section 8. Paragraph (b) of subsection (1) of section
192 320.06, Florida Statutes, is amended to read:
193 320.06 Registration certificates, license plates, and
194 validation stickers generally.—
195 (1)
196 (b)1. Registration license plates bearing a graphic symbol
197 and the alphanumeric system of identification shall be issued
198 for a 10-year period. At the end of the 10-year period, upon
199 renewal, the plate shall be replaced. The department shall
200 extend the scheduled license plate replacement date from a 6
201 year period to a 10-year period. The fee for such replacement is
202 $28, $2.80 of which shall be paid each year before the plate is
203 replaced, to be credited toward the next $28 replacement fee.
204 The fees shall be deposited into the Highway Safety Operating
205 Trust Fund. A credit or refund may not be given for any prior
206 years’ payments of the prorated replacement fee if the plate is
207 replaced or surrendered before the end of the 10-year period,
208 except that a credit may be given if a registrant is required by
209 the department to replace a license plate under s.
210 320.08056(8)(a). With each license plate, a validation sticker
211 shall be issued showing the owner’s birth month, license plate
212 number, and the year of expiration or the appropriate renewal
213 period if the owner is not a natural person. The validation
214 sticker shall be placed on the upper right corner of the license
215 plate. The license plate and validation sticker shall be issued
216 based on the applicant’s appropriate renewal period. The
217 registration period is 12 months, the extended registration
218 period is 24 months, and all expirations occur based on the
219 applicant’s appropriate registration period. Rental vehicles
220 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
221 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) (4)(a)-(d) may
222 elect a permanent registration period, provided payment of the
223 appropriate license taxes and fees occurs annually.
224 2. Beginning July 1, 2024, a vehicle registered in
225 accordance with the International Registration Plan must be
226 issued a license plate for a 3-year period. At the end of the 3
227 year period, upon renewal, the license plate must be replaced.
228 Each license plate must include a validation sticker showing the
229 month of expiration. A cab card denoting the declared gross
230 vehicle weight for each apportioned jurisdiction must be issued
231 annually. The fee for an original or a renewal cab card is $28,
232 which must be deposited into the Highway Safety Operating Trust
233 Fund. If the license plate is damaged or worn, it may be
234 replaced at no charge by applying to the department and
235 surrendering the current license plate.
236 3. In order to retain the efficient administration of the
237 taxes and fees imposed by this chapter, the 80-cent fee increase
238 in the replacement fee imposed by chapter 2009-71, Laws of
239 Florida, is negated as provided in s. 320.0804.
240 Section 9. Section 322.032, Florida Statutes, is repealed.
241 Section 10. Section 322.059, Florida Statutes, is amended
242 to read:
243 322.059 Mandatory surrender of suspended driver license and
244 registration.—A person whose driver license or registration has
245 been suspended as provided in s. 322.058 must immediately return
246 his or her driver license and registration to the Department of
247 Highway Safety and Motor Vehicles. The department shall
248 invalidate the digital proof of driver license issued pursuant
249 to s. 322.032 for such person. If such person fails to return
250 his or her driver license or registration, a law enforcement
251 agent may seize the license or registration while the driver
252 license or registration is suspended.
253 Section 11. Subsection (1) of section 322.15, Florida
254 Statutes, is amended to read:
255 322.15 License to be carried and exhibited on demand;
256 fingerprint to be imprinted upon a citation.—
257 (1) Every licensee shall have his or her driver license,
258 which must be fully legible with no portion of such license
259 faded, altered, mutilated, or defaced, in his or her immediate
260 possession at all times when operating a motor vehicle and shall
261 present or submit the same upon the demand of a law enforcement
262 officer or an authorized representative of the department. A
263 licensee may present or submit a digital proof of driver license
264 as provided in s. 322.032 in lieu of his or her printed driver
265 license; however, if the law enforcement officer or authorized
266 representative of the department is unable to immediately verify
267 the digital proof of driver license, upon the demand of the law
268 enforcement officer or authorized representative of the
269 department, the licensee must present or submit his or her
270 printed driver license.
271 Section 12. Section 324.252, Florida Statutes, is repealed.
272 Section 13. Present paragraph (d) of subsection (3) of
273 section 330.41, Florida Statutes, is redesignated as paragraph
274 (e), a new paragraph (d) is added to that subsection, and
275 paragraph (c) of that subsection is amended, to read:
276 330.41 Unmanned Aircraft Systems Act.—
277 (3) REGULATION.—
278 (c)1. Except as otherwise expressly provided, a political
279 subdivision may not withhold issuance of a business tax receipt,
280 development permit, or other land use approval to a drone
281 delivery service on a commercial property or enact or enforce an
282 ordinance or a resolution that prohibits a drone delivery
283 service’s operation based on the location of its drone port,
284 notwithstanding part II of chapter 163 and chapter 205. A
285 political subdivision may enforce minimum setback and
286 landscaping regulations that are generally applicable to
287 permitted uses in the applicable drone port site’s zoning
288 district. This paragraph may not be construed to authorize a
289 political subdivision to require additional landscaping as a
290 condition of approval of a drone delivery service on a
291 commercial property port.
292 2. A drone delivery service may not operate within a theme
293 park or entertainment complex as defined in s. 509.013(9), or
294 within an independent special district created by local act
295 which has boundaries within two contiguous counties.
296 (d) The addition of a drone delivery service within the
297 parking area of a commercial property does not reduce the number
298 of parking spaces in the parking area for the purpose of
299 complying with any requirement for a minimum number of parking
300 spaces.
301 Section 14. Subsection (1) of section 332.001, Florida
302 Statutes, is amended to read:
303 332.001 Aviation; powers and duties of the Department of
304 Transportation.—
305 (1) It shall be the duty, function, and responsibility of
306 the Department of Transportation to plan and direct investments
307 in airport systems in this state to facilitate the efficient
308 movement of passengers and cargo and to continuously improve the
309 experience for the flying public and the supply chain of this
310 state’s businesses. In carrying out this duty and
311 responsibility, the department may assist and advise, cooperate,
312 and coordinate with the federal, state, local, or private
313 organizations and individuals in planning such systems of
314 airports.
315 Section 15. Subsection (10) is added to section 332.006,
316 Florida Statutes, to read:
317 332.006 Duties and responsibilities of the Department of
318 Transportation.—The Department of Transportation shall, within
319 the resources provided to the department:
320 (10) Coordinate with commercial service airports in this
321 state to review and evaluate policies and programs of the United
322 States Transportation Security Administration, including, but
323 not limited to, security screening programs and programs for
324 veterans and active duty servicemembers and their families, to
325 improve efficiency in airport operations and the overall
326 experience of the traveling public.
327 Section 16. Present subsections (4), (5), and (6) of
328 section 332.0075, Florida Statutes, are redesignated as
329 subsections (5), (6), and (7), respectively, and a new
330 subsection (4) is added to that section, to read:
331 332.0075 Commercial service airports; transparency and
332 accountability; penalty.—
333 (4) Notwithstanding any other provision of law, a
334 commercial service airport must develop a plan for obtaining and
335 maintaining critical infrastructure resources for the airport,
336 its tenants, and the traveling public. Such plans must include
337 long-term contracts and rights of first refusal regarding the
338 sale of and contingency plans for such resources. For purposes
339 of this subsection, the term “critical infrastructure resources”
340 includes, but is not limited to, access to electricity, fuel,
341 and water resources.
342 Section 17. Present subsections (1) through (37) of section
343 334.03, Florida Statutes, are redesignated as subsections (2)
344 through (38), respectively, a new subsection (1) is added to
345 that section, and present subsection (29) of that section is
346 amended, to read:
347 334.03 Definitions.—When used in the Florida Transportation
348 Code, the term:
349 (1) “Advanced air mobility corridor connection point” means
350 any land area or transportation facility, including any
351 airspace, designated by the department as suitable to support
352 the efficient movement of people and goods by use as a
353 connection point for advanced air mobility.
354 (30)(29) “Transportation corridor” means any advanced air
355 mobility corridor connection point or any land area designated
356 by the state, a county, or a municipality which is between two
357 geographic points and which area is used or suitable for the
358 movement of people and goods by one or more modes of
359 transportation, including areas necessary for management of
360 access and securing applicable approvals and permits.
361 Transportation corridors, other than advanced air mobility
362 corridor connection points, shall contain, but are not limited
363 to, the following:
364 (a) Existing publicly owned rights-of-way;
365 (b) All property or property interests necessary for future
366 transportation facilities, including rights of access, air,
367 view, and light, whether public or private, for the purpose of
368 securing and utilizing future transportation rights-of-way,
369 including, but not limited to, any lands reasonably necessary
370 now or in the future for securing applicable approvals and
371 permits, borrow pits, drainage ditches, water retention areas,
372 rest areas, replacement access for landowners whose access could
373 be impaired due to the construction of a future facility, and
374 replacement rights-of-way for relocation of rail and utility
375 facilities.
376 Section 18. Subsections (5), (20), and (21) of section
377 334.044, Florida Statutes, are amended, and subsections (40) and
378 (41) are added to that section, to read:
379 334.044 Powers and duties of the department.—The department
380 shall have the following general powers and duties:
381 (5) To purchase, lease, or otherwise acquire property and
382 materials, including the purchase of promotional items as part
383 of public information and education campaigns for the promotion
384 of environmental management, scenic highways, traffic and train
385 safety awareness, commercial motor vehicle safety, workforce
386 development, transportation-related economic development
387 opportunities, advanced air mobility electric vehicle use and
388 charging stations, autonomous vehicles, and context
389 classification for electric vehicles and autonomous vehicles; to
390 purchase, lease, or otherwise acquire equipment and supplies;
391 and to sell, exchange, or otherwise dispose of any property that
392 is no longer needed by the department.
393 (20) To operate and maintain designated research
394 facilities, to conduct and enter into contracts and agreements
395 for conducting research studies, and to collect data necessary
396 for the improvement of the state transportation system.
397 (21) To conduct and enter into contracts and agreements for
398 conducting research and demonstration projects relative to
399 innovative transportation technologies.
400 (40) To require local governments to submit applications
401 for federal funding for projects on state-owned rights-of-way,
402 roads, bridges, and limited access facilities to the department
403 for review and approval before submission of such applications
404 to the Federal Government.
405 (41) Notwithstanding any other law, to acquire, own,
406 construct, or operate, or any combination thereof, one or more
407 airports as defined in s. 330.27 for the purpose of supporting
408 advanced air mobility. The department may adopt rules to
409 implement this subsection.
410 Section 19. Section 334.64, Florida Statutes, is created to
411 read:
412 334.64 Department to serve as primary point of contact for
413 LiDAR procurement.—Notwithstanding s. 20.255(9), the department
414 shall serve as the primary point of contact for statewide
415 topographic aerial LiDAR procurement and cost sharing related to
416 statewide geographic information systems and geospatial data
417 sharing. The department may provide these services to other
418 state and local governmental entities by entering into an
419 interagency agreement consistent with chapter 216.
420 Notwithstanding any other provision of law, including any
421 charter, ordinance, statute, or special law, all state agencies
422 and local governmental entities conducting programs or
423 exercising powers relating to topographic aerial LiDAR mapping
424 are authorized to enter into an interagency agreement with the
425 department for the provision by the department of topographic
426 aerial LiDAR procurement and cost-sharing services, and to
427 delegate such authority to conduct programs or exercise powers
428 relating to topographic aerial LiDAR procurement and cost
429 sharing services to the department pursuant to such interagency
430 agreements. The department may adopt rules to implement this
431 section.
432 Section 20. Paragraphs (a) and (i) of subsection (3) and
433 paragraphs (b), (d), and (r) of subsection (7) of section
434 337.401, Florida Statutes, are amended to read:
435 337.401 Use of right-of-way for utilities subject to
436 regulation; permit; fees.—
437 (3)(a) Because of the unique circumstances applicable to
438 providers of communications services, including, but not limited
439 to, the circumstances described in paragraph (e) and the fact
440 that federal and state law require the nondiscriminatory
441 treatment of providers of telecommunications services, and
442 because of the desire to promote competition among providers of
443 communications services, it is the intent of the Legislature
444 that municipalities and counties treat providers of
445 communications services in a nondiscriminatory and competitively
446 neutral manner when imposing rules or regulations governing the
447 placement or maintenance of communications facilities in the
448 public roads or rights-of-way. Rules or regulations imposed by a
449 municipality or county relating to providers of communications
450 services placing or maintaining communications facilities in its
451 roads or rights-of-way must be generally applicable to all
452 providers of communications services, taking into account the
453 distinct engineering, construction, operation, maintenance,
454 public works, and safety requirements of the provider’s
455 facilities, and, notwithstanding any other law, may not require
456 a provider of communications services to apply for or enter into
457 an individual license, franchise, or other agreement with the
458 municipality or county as a condition of placing or maintaining
459 communications facilities in its roads or rights-of-way. In
460 addition to other reasonable rules or regulations that a
461 municipality or county may adopt relating to the placement or
462 maintenance of communications facilities in its roads or rights
463 of-way under this subsection or subsection (7), a municipality
464 or county may require a provider of communications services that
465 places or seeks to place facilities in its roads or rights-of
466 way to register with the municipality or county. To register, a
467 provider of communications services may be required only to
468 provide its name; the name, address, and telephone number of a
469 contact person for the registrant; the number of the
470 registrant’s current certificate of authorization issued by the
471 Florida Public Service Commission, the Federal Communications
472 Commission, or the Department of State; a statement of whether
473 the registrant is a pass-through provider as defined in
474 subparagraph (6)(a)1.; the registrant’s federal employer
475 identification number; and any required proof of insurance or
476 self-insuring status adequate to defend and cover claims. A
477 municipality or county may not require a registrant to renew a
478 registration more frequently than every 5 years but may require
479 during this period that a registrant update the registration
480 information provided under this subsection within 90 days after
481 a change in such information. A municipality or county may not
482 require the registrant to provide an inventory of communications
483 facilities, maps, locations of such facilities, or other
484 information by a registrant as a condition of registration,
485 renewal, or for any other purpose; provided, however, that a
486 municipality or county may require as part of a permit
487 application that the applicant identify at-grade communications
488 facilities within 50 feet of the proposed installation location
489 for the placement of at-grade communications facilities. A
490 municipality or county may not require that a provider locate or
491 perform a survey of any facilities except its own or any right
492 of-way boundary when requesting a permit consistent with chapter
493 556. If the owner of a facility fails to locate their facilities
494 as required under chapter 556, a provider must use reasonable
495 care and detection equipment or other acceptable means to avoid
496 damaging existing underground facilities. A municipality or
497 county may not require a provider to pay any fee, cost, or other
498 charge for registration or renewal thereof. A municipality or
499 county may not limit the number of permits in any way, including
500 by project size or by limiting the number of open permits or
501 applications, provided that the permit is closed out within 45
502 days after the provider’s completion of work. A municipality or
503 county may require the submission or maintenance of a bond or
504 other financial instrument as set out in this section but may
505 not require a cash deposit or other escrow, payment, or exaction
506 as a condition of issuing a permit. It is the intent of the
507 Legislature that the placement, operation, maintenance,
508 upgrading, and extension of communications facilities not be
509 unreasonably interrupted or delayed through the permitting or
510 other local regulatory process. Except as provided in this
511 chapter or otherwise expressly authorized by chapter 202,
512 chapter 364, or chapter 610, a municipality or county may not
513 adopt or enforce any ordinance, regulation, or requirement as to
514 the placement or operation of communications facilities in a
515 right-of-way by a communications services provider authorized by
516 state or local law to operate in a right-of-way; regulate any
517 communications services; or impose or collect any tax, fee,
518 cost, charge, or exaction for the placement of communications
519 facilities or the provision of communications services over the
520 communications services provider’s communications facilities in
521 a right-of-way.
522 (i) Except as expressly provided in this section, this
523 section does not modify the authority of municipalities and
524 counties to levy the tax authorized in chapter 202 or the duties
525 of providers of communications services under ss. 337.402
526 337.404. This section does not apply to building permits, pole
527 attachments, or private roads, private easements, and private
528 rights-of-way, or building permits unrelated to the placement of
529 communications facilities.
530 (7)
531 (b) As used in this section subsection, the term:
532 1. “Antenna” means communications equipment that transmits
533 or receives electromagnetic radio frequency signals used in
534 providing wireless services.
535 2. “Applicable codes” means uniform building, fire,
536 electrical, plumbing, or mechanical codes adopted by a
537 recognized national code organization or local amendments to
538 those codes enacted solely to address threats of destruction of
539 property or injury to persons, and includes the National
540 Electric Safety Code and the 2017 edition of the Florida
541 Department of Transportation Utility Accommodation Manual.
542 3. “Applicant” means a person who submits an application
543 and is a wireless provider.
544 4. “Application” means a request submitted by an applicant
545 to an authority for a permit to collocate small wireless
546 facilities, or to place a new utility pole used to support a
547 small wireless facility, or place other communications
548 facilities. An authority’s permit application form or process
549 must include all required permissions, however designated,
550 required by the authority to grant a permit to place
551 communications facilities, including, but not limited to, right
552 of-way occupancy, building permits, electrical permits, or
553 historic review.
554 5. “Authority” means a county or municipality having
555 jurisdiction and control of the rights-of-way of any public
556 road. The term does not include the Department of
557 Transportation. Rights-of-way under the jurisdiction and control
558 of the department are excluded from this subsection.
559 6. “Authority utility pole” means a utility pole owned by
560 an authority in the right-of-way. The term does not include a
561 utility pole owned by a municipal electric utility, a utility
562 pole used to support municipally owned or operated electric
563 distribution facilities, or a utility pole located in the right
564 of-way within:
565 a. A retirement community that:
566 (I) Is deed restricted as housing for older persons as
567 defined in s. 760.29(4)(b);
568 (II) Has more than 5,000 residents; and
569 (III) Has underground utilities for electric transmission
570 or distribution.
571 b. A municipality that:
572 (I) Is located on a coastal barrier island as defined in s.
573 161.053(1)(b)3.;
574 (II) Has a land area of less than 5 square miles;
575 (III) Has less than 10,000 residents; and
576 (IV) Has, before July 1, 2017, received referendum approval
577 to issue debt to finance municipal-wide undergrounding of its
578 utilities for electric transmission or distribution.
579 7. “Collocate” or “collocation” means to install, mount,
580 maintain, modify, operate, or replace one or more wireless
581 facilities on, under, within, or adjacent to a wireless support
582 structure or utility pole. The term does not include the
583 installation of a new utility pole or wireless support structure
584 in the public rights-of-way.
585 8. “FCC” means the Federal Communications Commission.
586 9. “Micro wireless facility” means a small wireless
587 facility having dimensions no larger than 24 inches in length,
588 15 inches in width, and 12 inches in height and an exterior
589 antenna, if any, no longer than 11 inches.
590 9.10. “Small wireless facility” means a wireless facility
591 that meets the following qualifications:
592 a. Each antenna associated with the facility is located
593 inside an enclosure of no more than 6 cubic feet in volume or,
594 in the case of antennas that have exposed elements, each antenna
595 and all of its exposed elements could fit within an enclosure of
596 no more than 6 cubic feet in volume; and
597 b. All other wireless equipment associated with the
598 facility is cumulatively no more than 28 cubic feet in volume.
599 The following types of associated ancillary equipment are not
600 included in the calculation of equipment volume: electric
601 meters, concealment elements, telecommunications demarcation
602 boxes, ground-based enclosures, grounding equipment, power
603 transfer switches, cutoff switches, vertical cable runs for the
604 connection of power and other services, and utility poles or
605 other support structures.
606 10.11. “Utility pole” means a pole or similar structure
607 that is used in whole or in part to provide communications
608 services or for electric distribution, lighting, traffic
609 control, signage, or a similar function. The term includes the
610 vertical support structure for traffic lights but does not
611 include a horizontal structure to which signal lights or other
612 traffic control devices are attached and does not include a pole
613 or similar structure 15 feet in height or less unless an
614 authority grants a waiver for such pole.
615 11.12. “Wireless facility” means equipment at a fixed
616 location which enables wireless communications between user
617 equipment and a communications network, including radio
618 transceivers, antennas, wires, coaxial or fiber-optic cable or
619 other cables, regular and backup power supplies, and comparable
620 equipment, regardless of technological configuration, and
621 equipment associated with wireless communications. The term
622 includes small wireless facilities. The term does not include:
623 a. The structure or improvements on, under, within, or
624 adjacent to the structure on which the equipment is collocated;
625 b. Wireline backhaul facilities; or
626 c. Coaxial or fiber-optic cable that is between wireless
627 structures or utility poles or that is otherwise not immediately
628 adjacent to or directly associated with a particular antenna.
629 12.13. “Wireless infrastructure provider” means a person
630 who has been certificated under chapter 364 to provide
631 telecommunications service or under chapter 610 to provide cable
632 or video services in this state, or that person’s affiliate, and
633 who builds or installs wireless communication transmission
634 equipment, wireless facilities, or wireless support structures
635 but is not a wireless services provider.
636 13.14. “Wireless provider” means a wireless infrastructure
637 provider or a wireless services provider.
638 14.15. “Wireless services” means any services provided
639 using licensed or unlicensed spectrum, whether at a fixed
640 location or mobile, using wireless facilities.
641 15.16. “Wireless services provider” means a person who
642 provides wireless services.
643 16.17. “Wireless support structure” means a freestanding
644 structure, such as a monopole, a guyed or self-supporting tower,
645 or another existing or proposed structure designed to support or
646 capable of supporting wireless facilities. The term does not
647 include a utility pole, pedestal, or other support structure for
648 ground-based equipment not mounted on a utility pole and less
649 than 5 feet in height.
650 (d) An authority may require a registration process and
651 permit fees in accordance with subsection (3). An authority
652 shall accept applications for permits and shall process and
653 issue permits subject to the following requirements:
654 1. An authority may not directly or indirectly require an
655 applicant to perform services unrelated to the collocation for
656 which approval is sought, such as in-kind contributions to the
657 authority, including reserving fiber, conduit, or pole space for
658 the authority.
659 2. An applicant may not be required to provide more
660 information to obtain a permit than is necessary to demonstrate
661 the applicant’s compliance with applicable codes for the
662 placement of small wireless facilities in the locations
663 identified in the application. An applicant may not be required
664 to provide inventories, maps, or locations of communications
665 facilities in the right-of-way other than as necessary to avoid
666 interference with other at-grade or aerial facilities located at
667 the specific location proposed for a small wireless facility or
668 within 50 feet of such location.
669 3. An authority may not:
670 a. Require the placement of small wireless facilities on
671 any specific utility pole or category of poles;
672 b. Require the placement of multiple antenna systems on a
673 single utility pole;
674 c. Require a demonstration that collocation of a small
675 wireless facility on an existing structure is not legally or
676 technically possible as a condition for granting a permit for
677 the collocation of a small wireless facility on a new utility
678 pole except as provided in paragraph (i);
679 d. Require compliance with an authority’s provisions
680 regarding placement of communications facilities, including
681 small wireless facilities or a new utility poles pole used to
682 support a small wireless facilities, facility in rights-of-way
683 under the control of the department unless the authority has
684 received a delegation from the department for the location of
685 the small wireless facility or utility pole;, or require such
686 compliance as a condition to receive a permit that is ancillary
687 to the permit for collocation of a small wireless facility,
688 including an electrical permit;
689 e. Require a meeting before filing an application;
690 f. Require direct or indirect public notification or a
691 public meeting for the placement of communication facilities in
692 the right-of-way;
693 g. Limit the size or configuration of a small wireless
694 facility or any of its components, if the small wireless
695 facility complies with the size limits in this subsection;
696 h. Prohibit the installation of a new utility pole used to
697 support the collocation of a small wireless facility if the
698 installation otherwise meets the requirements of this
699 subsection; or
700 i. Require that any component of a small wireless facility
701 be placed underground except as provided in paragraph (i); or
702 j. Require compliance with provisions regarding the
703 placement of communications facilities, including small wireless
704 facilities or new utility poles used to support small wireless
705 facilities, in rights-of-way not owned and controlled by the
706 authority and public utility easements that are within areas not
707 owned and controlled by the authority unless a permit delegation
708 agreement exists between the authority and the owner of the
709 right-of-way or area that contains the public utility easement.
710 4. Subject to paragraph (r), an authority may not limit the
711 placement, by minimum separation distances, of small wireless
712 facilities, utility poles on which small wireless facilities are
713 or will be collocated, or other at-grade communications
714 facilities. However, within 14 days after the date of filing the
715 application, an authority may request that the proposed location
716 of a small wireless facility be moved to another location in the
717 right-of-way and placed on an alternative authority utility pole
718 or support structure or placed on a new utility pole. The
719 authority and the applicant may negotiate the alternative
720 location, including any objective design standards and
721 reasonable spacing requirements for ground-based equipment, for
722 30 days after the date of the request. At the conclusion of the
723 negotiation period, if the alternative location is accepted by
724 the applicant, the applicant must notify the authority of such
725 acceptance and the application shall be deemed granted for any
726 new location for which there is agreement and all other
727 locations in the application. If an agreement is not reached,
728 the applicant must notify the authority of such nonagreement and
729 the authority must grant or deny the original application within
730 90 days after the date the application was filed. A request for
731 an alternative location, an acceptance of an alternative
732 location, or a rejection of an alternative location must be in
733 writing and provided by electronic mail.
734 5. An authority shall limit the height of a small wireless
735 facility to 10 feet above the utility pole or structure upon
736 which the small wireless facility is to be collocated. Unless
737 waived by an authority, the height for a new utility pole is
738 limited to the tallest existing utility pole as of July 1, 2017,
739 located in the same right-of-way, other than a utility pole for
740 which a waiver has previously been granted, measured from grade
741 in place within 500 feet of the proposed location of the small
742 wireless facility. If there is no utility pole within 500 feet,
743 the authority shall limit the height of the utility pole to 50
744 feet.
745 6. The installation by a communications services provider
746 of a utility pole in the public rights-of-way, other than a
747 utility pole used to support a small wireless facility, is
748 subject to authority rules or regulations governing the
749 placement of utility poles in the public rights-of-way.
750 7. Within 14 days after receiving an application, an
751 authority must determine and notify the applicant by electronic
752 mail as to whether the application is complete. If an
753 application is deemed incomplete, the authority must
754 specifically identify the missing information. An application is
755 deemed complete if the authority fails to provide notification
756 to the applicant within 14 days.
757 8. An application must be processed on a nondiscriminatory
758 basis. A complete application is deemed approved if an authority
759 fails to approve or deny the application within 60 days after
760 receipt of the application. If an authority does not use the 30
761 day negotiation period provided in subparagraph 4., the parties
762 may mutually agree to extend the 60-day application review
763 period. The authority shall grant or deny the application at the
764 end of the extended period. A permit issued pursuant to an
765 approved application shall remain effective for 1 year unless
766 extended by the authority.
767 9. An authority must notify the applicant of approval or
768 denial by electronic mail. An authority shall approve a complete
769 application unless it does not meet the authority’s applicable
770 codes. If the application is denied, the authority must specify
771 in writing the basis for denial, including the specific code
772 provisions on which the denial was based, and send the
773 documentation to the applicant by electronic mail on the day the
774 authority denies the application. The applicant may cure the
775 deficiencies identified by the authority and resubmit the
776 application within 30 days after notice of the denial is sent to
777 the applicant. The authority shall approve or deny the revised
778 application within 30 days after receipt or the application is
779 deemed approved. The review of a revised application is limited
780 to the deficiencies cited in the denial. If an authority
781 provides for administrative review of the denial of an
782 application, the review must be complete and a written decision
783 issued within 45 days after a written request for review is
784 made. A denial must identify the specific code provisions on
785 which the denial is based. If the administrative review is not
786 complete within 45 days, the authority waives any claim
787 regarding failure to exhaust administrative remedies in any
788 judicial review of the denial of an application.
789 10. An applicant seeking to collocate small wireless
790 facilities within the jurisdiction of a single authority may, at
791 the applicant’s discretion, file a consolidated application and
792 receive a single permit for the collocation of up to 30 small
793 wireless facilities. If the application includes multiple small
794 wireless facilities, an authority may separately address small
795 wireless facility collocations for which incomplete information
796 has been received or which are denied.
797 11. An authority may deny an application to collocate a
798 small wireless facility or place a utility pole used to support
799 a small wireless facility in the public rights-of-way if the
800 proposed small wireless facility or utility pole used to support
801 a small wireless facility:
802 a. Materially interferes with the safe operation of traffic
803 control equipment.
804 b. Materially interferes with sight lines or clear zones
805 for transportation, pedestrians, or public safety purposes.
806 c. Materially interferes with compliance with the Americans
807 with Disabilities Act or similar federal or state standards
808 regarding pedestrian access or movement.
809 d. Materially fails to comply with the 2017 edition of the
810 Florida Department of Transportation Utility Accommodation
811 Manual.
812 e. Fails to comply with applicable codes.
813 f. Fails to comply with objective design standards
814 authorized under paragraph (r).
815 12. An authority may adopt by ordinance provisions for
816 insurance coverage, indemnification, force majeure, abandonment,
817 authority liability, or authority warranties. Such provisions
818 must be reasonable and nondiscriminatory and apply to all
819 providers of communications services, including, if applicable,
820 any local government or nonprofit providers. An authority may
821 require a construction bond to secure restoration of the
822 postconstruction rights-of-way to the preconstruction condition.
823 However, such bond must be time-limited to not more than 18
824 months after the construction to which the bond applies is
825 completed, and such bond must be reasonably related to the cost
826 to secure restoration of the rights-of-way. An authority may not
827 limit the number of permits allowed under the same bond. For any
828 financial obligation required by an authority allowed under this
829 section, the authority may not limit the number of permits in
830 any way, including by project size or by limiting the number of
831 applications or open permits, provided that the permit is closed
832 out within 45 days after the provider’s completion of work; may
833 not impose additional requirements based on the scope or linear
834 feet of the project; and shall accept, at the option of the
835 applicant, a bond or a letter of credit or similar financial
836 instrument issued by any financial institution that is
837 authorized to do business within the United States and, provided
838 that a claim against the financial instrument may be made by
839 electronic means, including by facsimile. An authority may not
840 require a deposit or escrow of cash as a condition of issuing a
841 permit or compel the applicant to agree to any additional terms
842 or agreements not specifically authorized by this act or
843 directly related to the work set out in the application. A
844 provider of communications services may add an authority to any
845 existing bond, insurance policy, or other relevant financial
846 instrument, and the authority must accept such proof of coverage
847 without any conditions other than consent to venue for purposes
848 of any litigation to which the authority is a party. An
849 authority may not require a communications services provider to
850 indemnify it for liabilities not caused by the provider, its
851 agents, or its employees, including liabilities arising from the
852 authority’s negligence, gross negligence, or willful conduct by
853 an unaffiliated third party.
854 13. Collocation of a small wireless facility on an
855 authority utility pole does not provide the basis for the
856 imposition of an ad valorem tax on the authority utility pole.
857 14. An authority may reserve space on authority utility
858 poles for future public safety uses. However, a reservation of
859 space may not preclude collocation of a small wireless facility.
860 If replacement of the authority utility pole is necessary to
861 accommodate the collocation of the small wireless facility and
862 the future public safety use, the pole replacement is subject to
863 make-ready provisions and the replaced pole shall accommodate
864 the future public safety use.
865 15. A structure granted a permit and installed pursuant to
866 this subsection shall comply with chapter 333 and federal
867 regulations pertaining to airport airspace protections.
868 (r) An authority may require wireless providers to comply
869 with objective design standards adopted by ordinance. The
870 ordinance may only require:
871 1. A new utility pole that replaces an existing utility
872 pole to be of substantially similar design, material, and color;
873 2. Reasonable spacing requirements concerning the location
874 of a ground-mounted component of a small wireless facility which
875 does not exceed 15 feet from the associated support structure;
876 or
877 3. A small wireless facility to meet reasonable location
878 context, color, camouflage, and concealment requirements,
879 subject to the limitations in this subsection; and
880 4. A new utility pole used to support a small wireless
881 facility to meet reasonable location context, color, and
882 material of the predominant utility pole type at the proposed
883 location of the new utility pole.
884
885 Such design standards under this paragraph may be waived by the
886 authority upon a showing that the design standards are not
887 reasonably compatible for the particular location of a small
888 wireless facility or utility pole or are technically infeasible
889 or that the design standards impose an excessive expense. The
890 waiver must be granted or denied within 45 days after the date
891 of the request. An authority may not require landscaping,
892 landscaping maintenance, or vegetation management other than
893 that necessary for right-of-way restoration.
894 Section 21. Present paragraphs (b) and (c) of subsection
895 (3) of section 338.231, Florida Statutes, are redesignated as
896 paragraphs (c) and (d), respectively, a new paragraph (b) is
897 added to that subsection, and paragraph (a) of that subsection
898 is amended, to read:
899 338.231 Turnpike tolls, fixing; pledge of tolls and other
900 revenues.—The department shall at all times fix, adjust, charge,
901 and collect such tolls and amounts for the use of the turnpike
902 system as are required in order to provide a fund sufficient
903 with other revenues of the turnpike system to pay the cost of
904 maintaining, improving, repairing, and operating such turnpike
905 system; to pay the principal of and interest on all bonds issued
906 to finance or refinance any portion of the turnpike system as
907 the same become due and payable; and to create reserves for all
908 such purposes.
909 (3)(a)1. For the period July 1, 1998, through June 30, 2029
910 2027, the department shall, to the maximum extent feasible,
911 program sufficient funds in the tentative work program such that
912 the percentage of turnpike toll and bond financed commitments in
913 Miami-Dade County, Broward County, and Palm Beach County as
914 compared to total turnpike toll and bond financed commitments
915 shall be at least 90 percent of the share of net toll
916 collections attributable to users of the turnpike system in
917 Miami-Dade County, Broward County, and Palm Beach County as
918 compared to total net toll collections attributable to users of
919 the turnpike system.
920 2. Beginning in the 2029-2030 fiscal year, the department
921 shall, to the maximum extent feasible, program sufficient funds
922 in the tentative work program such that 100 percent of the share
923 of net toll collections attributable to users of the turnpike
924 system in Miami-Dade County, Broward County, and Palm Beach
925 County is used for turnpike toll and bond financed commitments
926 in those counties.
927
928 This paragraph subsection does not apply when the application of
929 such requirements would violate any covenant established in a
930 resolution or trust indenture relating to the issuance of
931 turnpike bonds.
932 (b) The department may at any time for economic
933 considerations establish lower temporary toll rates for a new or
934 existing toll facility for a period not to exceed 1 year, after
935 which the toll rates adopted pursuant to s. 120.54 shall become
936 effective.
937 Section 22. Paragraph (b) of subsection (2) and paragraph
938 (d) of subsection (5) of section 339.81, Florida Statutes, are
939 amended to read:
940 339.81 Florida Shared-Use Nonmotorized Trail Network.—
941 (2)
942 (b) The multiuse trails or shared-use paths of the
943 statewide network must be physically separated from motor
944 vehicle traffic and constructed with asphalt, concrete, or
945 another improved hard surface approved by the department.
946 (5)
947 (d) To the greatest extent practicable, the department
948 shall program projects in the work program to plan for
949 development of the entire trail and to minimize the creation of
950 gaps between trail segments. The department shall, at a minimum,
951 ensure that local support exists for projects and trail
952 segments, including the availability or dedication of local
953 funding sources and of contributions by private landowners who
954 agree to make their land, or property interests in such land,
955 available for public use as a trail. The department may also
956 consider any sponsorship agreement entered into pursuant to
957 subsection (7).
958 Section 23. Subsection (16) of section 341.041, Florida
959 Statutes, is amended to read:
960 341.041 Transit responsibilities of the department.—The
961 department shall, within the resources provided pursuant to
962 chapter 216:
963 (16) Unless otherwise provided by state or federal law,
964 ensure that all grants and agreements between the department and
965 entities providing paratransit services to persons with
966 disabilities include, at a minimum, the following provisions:
967 (a) Performance requirements for the delivery of services,
968 including clear penalties for repeated or continuing violations;
969 (b) Minimum liability insurance requirements for all
970 transportation services purchased, provided, or coordinated for
971 the transportation disadvantaged, as defined in s. 427.011(1),
972 through the contracted vendor or subcontractor thereof;
973 (c) Complaint and grievance processes for users of
974 paratransit services for persons with disabilities users,
975 including a requirement that all reported complaints,
976 grievances, and resolutions be reported to the department on a
977 quarterly basis; and
978 (d) A requirement that the provisions of paragraphs (a),
979 (b), and (c) must be included in any agreement between an entity
980 receiving a grant or an agreement from the department and such
981 entity’s contractors or subcontractors that provide paratransit
982 services for persons with disabilities.
983 Section 24. Section 479.25, Florida Statutes, is amended to
984 read:
985 479.25 Erection of noise-attenuation barrier or obstruction
986 blocking view of sign; procedures; application.—
987 (1) The owner of a lawfully erected sign that is governed
988 by and conforms to state and federal requirements for land use,
989 size, height, and spacing may increase the height above ground
990 level of such sign at its permitted location if a noise
991 attenuation barrier, ramp, or braided bridge is permitted by or
992 erected by any governmental entity in such a way as to screen or
993 block visibility of the sign. Any increase in height permitted
994 under this section may only be the increase in height which is
995 required to achieve the same degree of visibility from the
996 right-of-way which the sign had before the construction of the
997 noise-attenuation barrier, ramp, or braided bridge,
998 notwithstanding the restrictions contained in s. 479.07(9)(b). A
999 sign reconstructed under this section must comply with the
1000 building standards and wind load requirements provided in the
1001 Florida Building Code. If construction of a proposed noise
1002 attenuation barrier, ramp, or braided bridge will screen a sign
1003 lawfully permitted under this chapter, the department shall
1004 provide notice to the local government or local jurisdiction
1005 within which the sign is located before construction. Upon a
1006 determination that an increase in the height of a sign as
1007 permitted under this section will violate an ordinance or a land
1008 development regulation of the local government or local
1009 jurisdiction, the local government or local jurisdiction shall,
1010 before construction:
1011 (a) Provide a variance or waiver to the local ordinance or
1012 land development regulations to allow an increase in the height
1013 of the sign;
1014 (b) Allow the sign to be relocated or reconstructed at
1015 another location if the sign owner agrees; or
1016 (c) Pay the fair market value of the sign and its
1017 associated interest in the real property.
1018 (2) The department shall hold a public hearing within the
1019 boundaries of the affected local governments or local
1020 jurisdictions to receive input on the proposed noise-attenuation
1021 barrier, ramp, or braided bridge and its conflict with the local
1022 ordinance or land development regulation and to suggest or
1023 consider alternatives or modifications to alleviate or minimize
1024 the conflict with the local ordinance or land development
1025 regulation or minimize any costs that may be associated with
1026 relocating, reconstructing, or paying for the affected sign. The
1027 public hearing may be held concurrently with other public
1028 hearings scheduled for the project. The department shall provide
1029 a written notification to the local government or local
1030 jurisdiction of the date and time of the public hearing and
1031 shall provide general notice of the public hearing in accordance
1032 with the notice provisions of s. 335.02(1). The notice may not
1033 be placed in that portion of a newspaper in which legal notices
1034 or classified advertisements appear. The notice must
1035 specifically state that:
1036 (a) Erection of the proposed noise-attenuation barrier,
1037 ramp, or braided bridge may block the visibility of an existing
1038 outdoor advertising sign;
1039 (b) The local government or local jurisdiction may restrict
1040 or prohibit increasing the height of the existing outdoor
1041 advertising sign; and
1042 (c) Upon construction of the noise-attenuation barrier,
1043 ramp, or braided bridge, the local government or local
1044 jurisdiction shall:
1045 1. Allow an increase in the height of the sign through a
1046 waiver or variance to a local ordinance or land development
1047 regulation;
1048 2. Allow the sign to be relocated or reconstructed at
1049 another location if the sign owner agrees; or
1050 3. Pay the fair market value of the sign and its associated
1051 interest in the real property.
1052 (3) The department may not permit erection of the noise
1053 attenuation barrier, ramp, or braided bridge to the extent the
1054 barrier or obstruction screens or blocks visibility of the sign
1055 until after the public hearing is held.
1056 (4) This section does not apply to any existing written
1057 agreement executed before July 1, 2006, between any local
1058 government and the owner of an outdoor advertising sign.
1059 Section 25. Section 790.19, Florida Statutes, is amended to
1060 read:
1061 790.19 Shooting into or throwing deadly missiles into
1062 dwellings, public or private buildings, occupied or not
1063 occupied; vessels, aircraft, buses, railroad cars, streetcars,
1064 or other vehicles.—A person who Whoever, wantonly or
1065 maliciously, shoots at, within, or into, or throws a any missile
1066 or hurls or projects a stone or other hard substance which would
1067 produce death or great bodily harm, at, within, or in a any
1068 public or private building, occupied or unoccupied; a, or public
1069 or private bus or a any train, locomotive, railway car, caboose,
1070 cable railway car, street railway car, monorail car, or vehicle
1071 of any kind which is being used or occupied by a any person; an
1072 autonomous vehicle, occupied or unoccupied; a, or any boat,
1073 vessel, ship, or barge lying in or plying the waters of this
1074 state;, or an aircraft flying through the airspace of this state
1075 commits shall be guilty of a felony of the second degree,
1076 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1077 Section 26. Present subsections (8) through (12) of section
1078 806.13, Florida Statutes, are redesignated as subsections (9)
1079 through (13), respectively, a new subsection (8) is added to
1080 that section, and present subsection (11) of that section is
1081 amended, to read:
1082 806.13 Criminal mischief; penalties; penalty for minor.—
1083 (8) A person who willfully or maliciously defaces, injures,
1084 or damages by any means an autonomous vehicle as defined in s.
1085 316.003(3)(a) commits a felony of the third degree, punishable
1086 as provided in s. 775.082, s. 775.083, or s. 775.084, if the
1087 damage to the vehicle is greater than $200.
1088 (12)(11) A minor whose driver license or driving privilege
1089 is revoked, suspended, or withheld under subsection (11) (10)
1090 may elect to reduce the period of revocation, suspension, or
1091 withholding by performing community service at the rate of 1 day
1092 for each hour of community service performed. In addition, if
1093 the court determines that due to a family hardship, the minor’s
1094 driver license or driving privilege is necessary for employment
1095 or medical purposes of the minor or a member of the minor’s
1096 family, the court shall order the minor to perform community
1097 service and reduce the period of revocation, suspension, or
1098 withholding at the rate of 1 day for each hour of community
1099 service performed. As used in this subsection, the term
1100 “community service” means cleaning graffiti from public
1101 property.
1102 Section 27. Section 8 of chapter 2006-316, Laws of Florida,
1103 is amended to read:
1104 Section 8. Senator N. Ray Carroll Memorial Interchange
1105 designated; Department of Transportation to erect suitable
1106 markers.—
1107 (1) Upon completion of construction, the New Nolte Road
1108 Interchange The Florida Turnpike interchange being constructed
1109 at Milepost 240 and Kissimmee Park Road in Osceola County is
1110 designated as “Senator N. Ray Carroll Memorial Interchange.”
1111 (2) The Department of Transportation is directed to erect
1112 suitable markers designating Senator N. Ray Carroll Memorial
1113 Interchange as described in subsection (1).
1114
1115 ================= T I T L E A M E N D M E N T ================
1116 And the title is amended as follows:
1117 Delete lines 3 - 106
1118 and insert:
1119 20.23, F.S.; revising the membership composition of
1120 the Florida Transportation Research Institute;
1121 amending s. 260.0142, F.S.; requiring the Florida
1122 Greenways and Trails Council to meet within a certain
1123 timeframe for a certain purpose; amending s. 311.14,
1124 F.S.; providing requirements for an infrastructure
1125 development and improvement component included in a
1126 port’s strategic plan; defining the term “critical
1127 infrastructure resources”; creating s. 311.26, F.S.;
1128 requiring the Department of Transportation to
1129 coordinate with the Department of Commerce, specified
1130 ports, and the Federal Government for a certain
1131 purpose; requiring ports to support certain projects;
1132 requiring that such projects be evaluated in a certain
1133 manner; amending s. 316.003, F.S.; revising the
1134 definition of the term “personal delivery device”;
1135 amending s. 316.008, F.S.; authorizing the operation
1136 of a personal delivery device on certain sidewalks,
1137 crosswalks, bicycle lanes, and bicycle paths and on
1138 the shoulders of certain streets, roadways, and
1139 highways; prohibiting the operation of a personal
1140 delivery device or mobile carrier within a theme park
1141 or entertainment complex or certain independent
1142 special districts; prohibiting counties and
1143 municipalities from enacting, imposing, levying,
1144 collecting, or enforcing certain fees; providing an
1145 exception; amending s. 316.2071, F.S.; conforming
1146 provisions to changes made by the act; prohibiting a
1147 personal delivery device from operating as otherwise
1148 authorized unless the personal delivery device meets
1149 certain criteria and a human operator is capable of
1150 controlling and monitoring its navigation and
1151 operation; prohibiting a personal delivery device from
1152 operating on a limited access facility; prohibiting a
1153 personal delivery device or mobile carrier from
1154 operating within a theme park or entertainment complex
1155 or certain independent special districts; authorizing
1156 rulemaking; amending s. 320.06, F.S.; authorizing
1157 certain rental trucks to elect a permanent
1158 registration period; repealing s. 322.032, F.S.,
1159 relating to digital proof of driver license or
1160 identification card; amending ss. 322.059 and 322.15,
1161 F.S.; conforming provisions to changes made by the
1162 act; repealing s. 324.252, F.S., relating to
1163 electronic insurance verification; amending s. 330.41,
1164 F.S.; prohibiting a political subdivision from
1165 withholding issuance of a business tax receipt,
1166 development permit, or other land use approval to
1167 certain drone delivery services and from enacting or
1168 enforcing ordinances or resolutions that prohibit
1169 drone delivery service operation; revising
1170 construction; prohibiting a drone delivery service
1171 from operating within a theme park or entertainment
1172 complex or certain independent special districts;
1173 providing that the addition of a drone delivery
1174 service within a certain parking area does not reduce
1175 the number of parking spaces in the parking area for a
1176 certain purpose; amending s. 332.001, F.S.; revising
1177 duties of the Department of Transportation relating to
1178 airport systems in this state; amending s. 332.006,
1179 F.S.; requiring the department to coordinate with
1180 commercial service airports to review and evaluate
1181 certain federal policies and programs; amending s.
1182 332.0075, F.S.; requiring commercial service airports
1183 to develop a plan for obtaining and maintaining
1184 critical infrastructure resources; providing
1185 requirements for such plans; defining the term
1186 “critical infrastructure resources”; amending s.
1187 334.03, F.S.; defining the term “advanced air mobility
1188 corridor connection point”; revising the definition of
1189 the term “transportation corridor”; amending s.
1190 334.044, F.S.; authorizing the department to purchase,
1191 lease, or otherwise acquire property and materials for
1192 the promotion of transportation-related economic
1193 development opportunities and advanced air mobility;
1194 deleting the authority of the department to purchase,
1195 lease, or otherwise acquire property and materials for
1196 the promotion of electric vehicle use and charging
1197 stations; authorizing the department to operate and
1198 maintain certain research facilities, enter into
1199 certain contracts and agreements, require local
1200 governments to submit certain applications for federal
1201 funding to the department for review and approval
1202 before submission to the Federal Government, and
1203 acquire, own, construct, or operate airports for a
1204 specified purpose; authorizing the department to adopt
1205 rules; creating s. 334.64, F.S.; providing that the
1206 department serves as the primary point of contact for
1207 statewide topographic aerial LiDAR procurement and
1208 certain cost sharing; authorizing the department to
1209 provide certain services to other governmental
1210 entities through interagency agreements; authorizing
1211 rulemaking; amending s. 337.401, F.S.; prohibiting
1212 municipalities and counties from requiring that
1213 providers locate or perform surveys of certain
1214 facilities; requiring a provider to use certain means
1215 to avoid damaging certain facilities under specified
1216 circumstances; prohibiting municipalities and counties
1217 from taking certain actions relating to certain
1218 facility permits; authorizing municipalities and
1219 counties to require a bond or other financial
1220 instrument; prohibiting municipalities and counties
1221 from imposing or collecting a tax, fee, cost, charge,
1222 or exaction for the placement of certain
1223 communications facilities; revising applicability;
1224 revising the definition of the term “application”;
1225 prohibiting an authority from requiring compliance
1226 with an authority’s provisions regarding placement of
1227 communications facilities in certain locations;
1228 providing exceptions; requiring that certain authority
1229 ordinances apply to all providers of communications
1230 services; providing bond requirements; providing
1231 requirements for certain financial obligations
1232 required by an authority; prohibiting an authority
1233 from requiring a deposit or escrow of cash or
1234 agreement with certain terms; prohibiting an authority
1235 from requiring a communications service provider to
1236 indemnify it for certain liabilities; prohibiting an
1237 authority from imposing certain landscaping and
1238 vegetation management requirements; amending s.
1239 338.231, F.S.; revising the period through which the
1240 department, to the extent possible, is required to
1241 program sufficient funds in the tentative work program
1242 for a specified purpose; requiring the department, to
1243 the extent possible, to program sufficient funds in
1244 the tentative work program for a specified purpose
1245 beginning in a specified fiscal year; amending s.
1246 339.81, F.S.; revising construction materials that may
1247 be used for certain multiuse trails or shared-use
1248 paths; authorizing the department to consider certain
1249 sponsorship agreements; amending s. 341.041, F.S.;
1250 revising the entities whose specified grants and
1251 agreements the department is required to ensure
1252 include certain provisions; revising such provisions;
1253 amending s. 479.25, F.S.; revising provisions
1254 authorizing the owners of certain signs to increase
1255 the height above ground level of such signs under
1256 certain circumstances to include in such circumstances
1257 the permitting or erection of certain ramps and
1258 braided bridges; conforming provisions to changes made
1259 by the act; amending s. 790.19, F.S.; providing
1260 criminal penalties for shooting at, within, or into,
1261 or throwing, hurling, or projecting certain objects
1262 at, within, or in, an autonomous vehicle; amending s.
1263 806.13, F.S.; providing criminal penalties for
1264 defacing, injuring, or damaging an autonomous vehicle
1265 if the value of the damage is in excess of a specified
1266 amount; amending chapter 2006-316, Laws of Florida;
1267 revising a specified interchange designation;
1268 requiring