December 01, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1271__
HB 1271

1
A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 20.23, F.S.; authorizing the department to
4maintain specified training programs for certain persons;
5authorizing the department to provide for incremental
6increases to base salary upon successful completion of the
7training phases; authorizing the department to grant a
8specified pay additive to law enforcement officers
9assigned to the Office of Motor Carrier Compliance who
10maintain certification by the Commercial Vehicle Safety
11Alliance; repealing s. 315.03(12)(c), F.S., relating to
12legislative review of a loan program of the Florida
13Seaport Transportation and Economic Development Council;
14amending s. 318.18, F.S.; revising provisions for
15distribution of proceeds collected by the clerk of the
16court for disposition of citations for failure to pay a
17toll; providing alternative procedures for disposition of
18such citation; providing for adjudication to be withheld
19and no points assessed against the driver's license unless
20adjudication is imposed by a court; removing a provision
21for suspension of the driver's license of a person who is
22convicted of failing to pay a toll 10 or more times within
23a 36-month period; amending s. 320.08058, F.S.; revising
24authorized uses of revenue received from the sale of
25United We Stand license plates; amending s. 322.27, F.S.;
26providing for assessment of points against a driver's
27license for specified violations of requirements to pay a
28toll only when the points are imposed by a court;
29repealing s. 332.14, F.S., relating to the Secure Airports
30for Florida's Economy Council; providing for the use of
31funds accrued by the Secure Airports for Florida's Economy
32Council; amending s. 334.03, F.S.; revising definitions
33for purposes of the Florida Transportation Code; amending
34s. 334.044, F.S.; revising powers and duties of the
35department; removing provisions for assigning jurisdiction
36of roads and designating facilities as part of the State
37Highway System; amending s. 334.047, F.S.; removing a
38prohibition against the department establishing a maximum
39number of miles of certain roads within a district or
40county; amending s. 337.14, F.S.; revising application
41procedures for the qualification of contractors; requiring
42any required interim financial statement to be accompanied
43by an updated application; amending s. 337.401, F.S.;
44revising provisions for rules of the department that
45provide for the placement of and access to certain
46electrical transmission lines on the right-of-way of
47department-controlled roads; authorizing the rules to
48include that the use of the limited access right-of-way
49for longitudinal placement of such transmission lines is
50reasonable based upon consideration of certain economic
51and environmental factors; amending s. 338.155, F.S.;
52authorizing the department to adopt rules relating to the
53payment, collection, and enforcement of tolls; amending s.
54403.4131, F.S.; removing provisions relating to a report
55on the adopt-a-highway program; amending s. 705.18, F.S.;
56removing provisions for disposal of personal property lost
57or abandoned at certain public-use airports; creating s.
58705.182, F.S.; providing for disposal of personal property
59found on premises owned or controlled by the operator of a
60public-use airport; providing a timeframe for the property
61to be claimed; providing options for disposing of such
62personal property; providing procedures for selling
63abandoned personal property; providing for notice of sale;
64providing that the rightful owner of such property may
65reclaim the property at any time prior to sale; permitting
66airport tenants to establish lost and found procedures;
67providing that purchaser holds title to the property free
68of the rights of persons then holding any legal or
69equitable interest thereto; creating s. 705.183, F.S.;
70providing for disposition of derelict or abandoned
71aircraft on the premises of public-use airports; providing
72procedures for such disposition; requiring a record of
73when the aircraft is found; defining the terms "derelict
74aircraft" and "abandoned aircraft"; providing for
75notification of aircraft owner and all persons having an
76equitable or legal interest in the aircraft; providing for
77notice if the owner of the aircraft is unknown or cannot
78be found; providing for disposition if the aircraft is not
79removed upon payment of required fees; requiring any sale
80of the aircraft to be at a public auction; providing
81notice requirements for such public auction; providing
82procedures for disposal of the aircraft; providing for
83liability if charges and costs related to the disposition
84are more than that obtained from the sale; providing for a
85lien by the airport for fees and charges; providing for
86notice of lien; requiring recording of a claim of lien;
87providing for the form of the claim of lien; providing for
88service of the claim of lien; providing that the purchaser
89of the aircraft takes the property free of rights of
90persons holding legal or equitable interest in the
91aircraft; requiring purchaser or recipient to notify the
92Federal Aviation Administration of change in ownership;
93providing for disposition of moneys received for an
94aircraft sold at public sale; authorizing the airport to
95issue documents relating to the aircraft's disposal;
96creating s. 705.184, F.S.; providing for disposition of
97derelict or abandoned motor vehicles on the premises of
98public-use airports; providing procedures; requiring
99recording of the abandoned motor vehicle; defining the
100terms "derelict motor vehicle" and "abandoned motor
101vehicle"; providing for removal of such motor vehicle from
102airport premises; providing for notice to the owner, the
103company insuring the motor vehicle, and any lienholder;
104providing for disposition if the motor vehicle is not
105removed upon payment of required fees; requiring any sale
106of the motor vehicle to be at a public auction; providing
107notice requirements for such public auction; providing
108procedures for disposal of the motor vehicle; providing
109for a lien by the airport or a licensed independent
110wrecker for fees and charges; providing for notice of
111lien; requiring recording of a claim of lien; providing
112for the form of the claim of lien; providing for service
113of claim of lien; providing that the purchaser of the
114motor vehicle takes the property free of the rights of
115persons holding legal or equitable interest in the motor
116vehicle; amending ss. 163.3180, 288.063, 311.07, 311.09,
117316.2122, 316.515, 336.01, 338.222, 341.8225, 479.01,
118479.07, and 479.261, F.S.; correcting cross-references;
119providing an effective date.
120
121Be It Enacted by the Legislature of the State of Florida:
122
123     Section 1.  Subsections (6) and (7) of section 20.23,
124Florida Statutes, as amended by chapter 2009-271, Laws of
125Florida, are renumbered as subsections (8) and (9),
126respectively, and new subsections (6) and (7) are added to that
127section, to read:
128     20.23  Department of Transportation.-There is created a
129Department of Transportation which shall be a decentralized
130agency.
131     (6)  The department is authorized to maintain training
132programs for department employees and prospective employees who
133are graduates from an approved engineering curriculum of 4 years
134or more in a school, college, or university approved by the
135Board of Professional Engineers to provide broad practical
136expertise in the field of transportation engineering, leading to
137licensure as a professional engineer. The department is
138authorized to maintain these training programs for department
139employees to provide broad practical experience and enhanced
140knowledge in the areas of right-of-way property management, real
141estate appraisal, and business valuation relating to department
142right-of-way acquisition activities. These training programs may
143provide for incremental increases to base salary for all
144employees enrolled in the programs upon successful completion of
145the training phases.
146     (7)  The department is authorized to continue to grant a
147pay additive of $75 per pay period for law enforcement officers
148assigned to the Office of Motor Carrier Compliance who maintain
149certification by the Commercial Vehicle Safety Alliance.
150     Section 2.  Paragraph (c) of subsection (12) of section
151315.03, Florida Statutes, is repealed.
152     Section 3.  Subsection (7) of section 318.18, Florida
153Statutes, is amended to read:
154     318.18  Amount of penalties.-The penalties required for a
155noncriminal disposition pursuant to s. 318.14 or a criminal
156offense listed in s. 318.17 are as follows:
157     (7)  Mandatory $100 fine for each violation of s. 316.1001
158plus the amount of the unpaid toll shown on the traffic citation
159for each citation issued. The clerk of the court shall forward
160$25 of the $100 fine received, plus the amount of the unpaid
161toll that is shown on the citation, to the governmental entity
162that issued the citation for citations issued by toll
163enforcement officers or to the entity administering the tolls at
164the facility where the violation occurred for citations issued
165by law enforcement officers. However, a person may elect to pay
166$30 to the clerk of the court, plus the amount of the unpaid
167toll that is shown on the citation, in which case adjudication
168is withheld, and no points are assessed under s. 322.27. Upon
169receipt of the $30 and unpaid toll amount, the clerk of the
170court shall retain $5 for administrative purposes and shall
171forward the remaining $25, plus the amount of the unpaid toll
172shown on the citation, to the governmental entity that issued
173the citation for citations issued by toll enforcement officers
174or to the entity administering the tolls at the facility where
175the violation occurred for citations issued by law enforcement
176officers. Additionally, adjudication shall be withheld and no
177points shall be assessed under s. 322.27, except when
178adjudication is imposed by the court after a hearing pursuant to
179s. 318.14(5), or on whose behalf the citation was issued. If a
180plea arrangement is reached prior to the date set for a
181scheduled evidentiary hearing and, as a result of the plea,
182adjudication is withheld, there shall be a mandatory fine
183assessed per citation of not less than $50 and not more than
184$100, plus the amount of the unpaid toll for each citation
185issued. The clerk of the court shall forward $25 of the fine
186imposed plus the amount of the unpaid toll that is shown on the
187citation to the governmental entity that issued the citation or
188on whose behalf the citation was issued. The court shall have
189specific authority to consolidate issued citations for the same
190defendant for the purpose of sentencing and aggregate
191jurisdiction. In addition, the department shall suspend for 60
192days the driver's license of a person who is convicted of 10
193violations of s. 316.1001 within a 36-month period. Any funds
194received by a governmental entity for this violation may be used
195for any lawful purpose related to the operation or maintenance
196of a toll facility.
197     Section 4.  Paragraph (b) of subsection (32) of section
198320.08058, Florida Statutes, is amended to read:
199     320.08058  Specialty license plates.-
200     (32)  UNITED WE STAND LICENSE PLATES.-
201     (b)  The department shall retain all revenues from the sale
202of such plates until all startup costs for developing and
203issuing the plates have been recovered. Thereafter, 100 percent
204of the annual use fee shall be distributed to the Department of
205Transportation to fund security-related aviation projects
206pursuant to chapter 322 SAFE Council to fund a grant program to
207enhance security at airports throughout the state, pursuant to
208s. 332.14.
209     Section 5.  Paragraph (d) of subsection (3) of section
210322.27, Florida Statutes, is amended to read:
211     322.27  Authority of department to suspend or revoke
212license.-
213     (3)  There is established a point system for evaluation of
214convictions of violations of motor vehicle laws or ordinances,
215and violations of applicable provisions of s. 403.413(6)(b) when
216such violations involve the use of motor vehicles, for the
217determination of the continuing qualification of any person to
218operate a motor vehicle. The department is authorized to suspend
219the license of any person upon showing of its records or other
220good and sufficient evidence that the licensee has been
221convicted of violation of motor vehicle laws or ordinances, or
222applicable provisions of s. 403.413(6)(b), amounting to 12 or
223more points as determined by the point system. The suspension
224shall be for a period of not more than 1 year.
225     (d)  The point system shall have as its basic element a
226graduated scale of points assigning relative values to
227convictions of the following violations:
228     1.  Reckless driving, willful and wanton-4 points.
229     2.  Leaving the scene of a crash resulting in property
230damage of more than $50-6 points.
231     3.  Unlawful speed resulting in a crash-6 points.
232     4.  Passing a stopped school bus-4 points.
233     5.  Unlawful speed:
234     a.  Not in excess of 15 miles per hour of lawful or posted
235speed-3 points.
236     b.  In excess of 15 miles per hour of lawful or posted
237speed-4 points.
238     6.  A violation of a traffic control signal device as
239provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
240     7.  All other moving violations (including parking on a
241highway outside the limits of a municipality)-3 points. However,
242no points shall be imposed for a violation of s. 316.0741 or s.
243316.2065(12); and points shall be imposed for a violation of s.
244316.1001 only when imposed by the court after a hearing pursuant
245to s. 318.14(5).
246     8.  Any moving violation covered above, excluding unlawful
247speed, resulting in a crash-4 points.
248     9.  Any conviction under s. 403.413(6)(b)-3 points.
249     10.  Any conviction under s. 316.0775(2)-4 points.
250     Section 6.  Section 332.14, Florida Statutes, is repealed.
251     Section 7.  All funds accrued by the Secure Airports for
252Florida's Economy Council prior to July 1, 2010, shall be
253retained by the Department of Transportation. The Department of
254Transportation is authorized to use these funds for statewide
255training purposes relating to airport security and management.
256The Department of Transportation is further authorized to use
257these funds for security-related aviation projects pursuant to
258chapter 332, Florida Statutes.
259     Section 8.  Section 334.03, Florida Statutes, is amended to
260read:
261     334.03  Definitions.-When used in the Florida
262Transportation Code, the term:
263     (1)  "Arterial road" means a route providing service which
264is relatively continuous and of relatively high traffic volume,
265long average trip length, high operating speed, and high
266mobility importance. In addition, every United States numbered
267highway is an arterial road.
268     (1)(2)  "Bridge" means a structure, including supports,
269erected over a depression or an obstruction, such as water or a
270highway or railway, and having a track or passageway for
271carrying traffic as defined in chapter 316 or other moving
272loads.
273     (2)(3)  "City street system" means all local roads within a
274municipality that were under the jurisdiction of that
275municipality on June 10, 1995; roads transferred to the
276municipality's jurisdiction after that date by mutual consent
277with another governmental entity, but not including roads so
278transferred from the municipality's jurisdiction; and roads
279constructed by a municipality for its street system, and all
280collector roads inside that municipality, which are not in the
281county road system.
282     (4)  "Collector road" means a route providing service which
283is of relatively moderate average traffic volume, moderately
284average trip length, and moderately average operating speed.
285Such a route also collects and distributes traffic between local
286roads or arterial roads and serves as a linkage between land
287access and mobility needs.
288     (3)(5)  "Commissioners" means the governing body of a
289county.
290     (4)(6)  "Consolidated metropolitan statistical area" means
291two or more metropolitan statistical areas that are socially and
292economically interrelated as defined by the United States Bureau
293of the Census.
294     (5)(7)  "Controlled access facility" means a street or
295highway to which the right of access is highly regulated by the
296governmental entity having jurisdiction over the facility in
297order to maximize the operational efficiency and safety of the
298high-volume through traffic utilizing the facility. Owners or
299occupants of abutting lands and other persons have a right of
300access to or from such facility at such points only and in such
301manner as may be determined by the governmental entity.
302     (6)(8)  "County road system" means all roads within a
303county which were under the jurisdiction of that county on June
30410, 1995; roads transferred to the county's jurisdiction after
305that date by mutual consent with another governmental entity,
306but not including roads so transferred from the county's
307jurisdiction; and roads constructed by a county for that
308county's road system collector roads in the unincorporated areas
309of a county and all extensions of such
310through any incorporated areas, all
311unincorporated areas, and all urban minor
312the State Highway System.
313     (7)(9)  "Department" means the Department of
314Transportation.
315     (8)(10)  "Florida Intrastate Highway System" means a system
316of limited access and controlled access facilities on the State
317Highway System which have the capacity to provide high-speed and
318high-volume traffic movements in an efficient and safe manner.
319     (9)(11)  "Functional classification" means the assignment
320of roads into systems according to the character of service they
321provide in relation to the total road network using procedures
322developed by the Federal Highway Administration. Basic
323functional categories include arterial roads, collector roads,
324and local roads which may be subdivided into principal, major,
325or minor levels. Those levels may be additionally divided into
326rural and urban categories.
327     (10)(12)  "Governmental entity" means a unit of government,
328or any officially designated public agency or authority of a
329unit of government, that has the responsibility for planning,
330construction, operation, or maintenance or jurisdiction over
331transportation facilities; the term includes the Federal
332Government, the state government, a county, an incorporated
333municipality, a metropolitan planning organization, an
334expressway or transportation authority, a road and bridge
335district, a special road and bridge district, and a regional
336governmental unit.
337     (11)(13)  "Limited access facility" means a street or
338highway especially designed for through traffic, and over, from,
339or to which owners or occupants of abutting land or other
340persons have no right or easement of access, light, air, or view
341by reason of the fact that their property abuts upon such
342limited access facility or for any other reason. Such highways
343or streets may be facilities from which trucks, buses, and other
344commercial vehicles are excluded; or they may be facilities open
345to use by all customary forms of street and highway traffic.
346     (12)(14)  "Local governmental entity" means a unit of
347government with less than statewide jurisdiction, or any
348officially designated public agency or authority of such a unit
349of government, that has the responsibility for planning,
350construction, operation, or maintenance of, or jurisdiction
351over, a transportation facility; the term includes, but is not
352limited to, a county, an incorporated municipality, a
353metropolitan planning organization, an expressway or
354transportation authority, a road and bridge district, a special
355road and bridge district, and a regional governmental unit.
356     (15)  "Local road" means a route providing service which is
357of relatively low average traffic volume, short average trip
358length or minimal through-traffic movements, and high land
359access for abutting property.
360     (13)(16)  "Metropolitan area" means a geographic region
361comprising as a minimum the existing urbanized area and the
362contiguous area projected to become urbanized within a 20-year
363forecast period. The boundaries of a metropolitan area may be
364designated so as to encompass a metropolitan statistical area or
365a consolidated metropolitan statistical area. If a metropolitan
366area, or any part thereof, is located within a nonattainment
367area, the boundaries of the metropolitan area must be designated
368so as to include the boundaries of the entire nonattainment
369area, unless otherwise provided by agreement between the
370applicable metropolitan planning organization and the Governor.
371     (14)(17)  "Metropolitan statistical area" means an area
372that includes a municipality of 50,000 persons or more, or an
373urbanized area of at least 50,000 persons as defined by the
374United States Bureau of the Census, provided that the component
375county or counties have a total population of at least 100,000.
376     (15)(18)  "Nonattainment area" means an area designated by
377the United States Environmental Protection Agency, pursuant to
378federal law, as exceeding national primary or secondary ambient
379air quality standards for the pollutants carbon monoxide or
380ozone.
381     (16)(19)  "Periodic maintenance" means activities that are
382large in scope and require a major work effort to restore
383deteriorated components of the transportation system to a safe
384and serviceable condition, including, but not limited to, the
385repair of large bridge structures, major repairs to bridges and
386bridge systems, and the mineral sealing of lengthy sections of
387roadway.
388     (17)(20)  "Person" means any person described in s. 1.01 or
389any unit of government in or outside the state.
390     (18)(21)  "Right of access" means the right of ingress to a
391highway from abutting land and egress from a highway to abutting
392land.
393     (19)(22)  "Right-of-way" means land in which the state, the
394department, a county, or a municipality owns the fee or has an
395easement devoted to or required for use as a transportation
396facility.
397     (20)(23)  "Road" means a way open to travel by the public,
398including, but not limited to, a street, highway, or alley. The
399term includes associated sidewalks, the roadbed, the right-of-
400way, and all culverts, drains, sluices, ditches, water storage
401areas, waterways, embankments, slopes, retaining walls, bridges,
402tunnels, and viaducts necessary for the maintenance of travel
403and all ferries used in connection therewith.
404     (21)(24)  "Routine maintenance" means minor repairs and
405associated tasks necessary to maintain a safe and efficient
406transportation system. The term includes: pavement patching;
407shoulder repair; cleaning and repair of drainage ditches,
408traffic signs, and structures; mowing; bridge inspection and
409maintenance; pavement striping; litter cleanup; and other
410similar activities.
411     (22)(25)  "State Highway System" means the following, which
412shall be facilities to which access is regulated:
413     (a)  the interstate system and all other roads within the
414state which were under the jurisdiction of the state on June 10,
4151995; roads transferred to the state's jurisdiction after that
416date by mutual consent with another governmental entity, but not
417including roads so transferred from the state's jurisdiction;
418and roads constructed by an agency of the state for the State
419Highway System. These facilities shall be facilities to which
420access is regulated.;
421     (b)  All rural arterial routes and their extensions into
422and through urban areas;
423     (c)  All urban principal arterial routes; and
424     (d)  The urban minor arterial mileage on the existing State
425Highway System as of July 1, 1987, plus additional mileage to
426comply with the 2-percent requirement as described below.
427
428However, not less than 2 percent of the public road mileage of
429each urbanized area on record as of June 30, 1986, shall be
430included as minor arterials in the State Highway System.
431Urbanized areas not meeting the foregoing minimum requirement
432shall have transferred to the State Highway System additional
433minor arterials of the highest significance in which case the
434total minor arterials in the State Highway System from any
435urbanized area shall not exceed 2.5 percent of that area's total
436public urban road mileage.
437     (23)(26)  "State Park Road System" means roads embraced
438within the boundaries of state parks and state roads leading to
439state parks, other than roads of the State Highway System, the
440county road systems, or the city street systems.
441     (24)(27)  "State road" means a street, road, highway, or
442other way open to travel by the public generally and dedicated
443to the public use according to law or by prescription and
444designated by the department, as provided by law, as part of the
445State Highway System.
446     (25)(28)  "Structure" means a bridge, viaduct, tunnel,
447causeway, approach, ferry slip, culvert, toll plaza, gate, or
448other similar facility used in connection with a transportation
449facility.
450     (26)(29)  "Sufficiency rating" means the objective rating
451of a road or section of a road for the purpose of determining
452its capability to serve properly the actual or anticipated
453volume of traffic using the road.
454     (27)(30)  "Transportation corridor" means any land area
455designated by the state, a county, or a municipality which is
456between two geographic points and which area is used or suitable
457for the movement of people and goods by one or more modes of
458transportation, including areas necessary for management of
459access and securing applicable approvals and permits.
460Transportation corridors shall contain, but are not limited to,
461the following:
462     (a)  Existing publicly owned rights-of-way;
463     (b)  All property or property interests necessary for
464future transportation facilities, including rights of access,
465air, view, and light, whether public or private, for the purpose
466of securing and utilizing future transportation rights-of-way,
467including, but not limited to, any lands reasonably necessary
468now or in the future for securing applicable approvals and
469permits, borrow pits, drainage ditches, water retention areas,
470rest areas, replacement access for landowners whose access could
471be impaired due to the construction of a future facility, and
472replacement rights-of-way for relocation of rail and utility
473facilities.
474     (28)(31)  "Transportation facility" means any means for the
475transportation of people or property from place to place which
476is constructed, operated, or maintained in whole or in part from
477public funds. The term includes the property or property rights,
478both real and personal, which have been or may be established by
479public bodies for the transportation of people or property from
480place to place.
481     (29)(32)  "Urban area" means a geographic region comprising
482as a minimum the area inside the United States Bureau of the
483Census boundary of an urban place with a population of 5,000 or
484more persons, expanded to include adjacent developed areas as
485provided for by Federal Highway Administration regulations.
486     (33)  "Urban minor arterial road" means a route that
487generally interconnects with and augments an urban principal
488arterial road and provides service to trips of shorter length
489and a lower level of travel mobility. The term includes all
490arterials not classified as "principal" and contain facilities
491that place more emphasis on land access than the higher system.
492     (30)(34)  "Urban place" means a geographic region composed
493of one or more contiguous census tracts that have been found by
494the United States Bureau of the Census to contain a population
495density of at least 1,000 persons per square mile.
496     (35)  "Urban principal arterial road" means a route that
497generally serves the major centers of activity of an urban area,
498the highest traffic volume corridors, and the longest trip
499purpose and carries a high proportion of the total urban area
500travel on a minimum of mileage. Such roads are integrated, both
501internally and between major rural connections.
502     (31)(36)  "Urbanized area" means a geographic region
503comprising as a minimum the area inside an urban place of 50,000
504or more persons, as designated by the United States Bureau of
505the Census, expanded to include adjacent developed areas as
506provided for by Federal Highway Administration regulations.
507Urban areas with a population of fewer than 50,000 persons which
508are located within the expanded boundary of an urbanized area
509are not separately recognized.
510     (32)(37)  "511" or "511 services" means three-digit
511telecommunications dialing to access interactive voice response
512telephone traveler information services provided in the state as
513defined by the Federal Communications Commission in FCC Order
514No. 00-256, July 31, 2000.
515     (33)(38)  "Interactive voice response" means a software
516application that accepts a combination of voice telephone input
517and touch-tone keypad selection and provides appropriate
518responses in the form of voice, fax, callback, e-mail, and other
519media.
520     Section 9.  Subsections (11) and (13) of section 334.044,
521Florida Statutes, are amended to read:
522     334.044  Department; powers and duties.-The department
523shall have the following general powers and duties:
524     (11)  To establish a numbering system for public roads and,
525to functionally classify such roads, and to assign
526jurisdictional responsibility.
527     (13)  To designate existing and to plan proposed
528transportation facilities as part of the State Highway System,
529and to construct, maintain, and operate such facilities.
530     Section 10.  Section 334.047, Florida Statutes, is amended
531to read:
532     334.047  Prohibition.-Notwithstanding any other provision
533of law to the contrary, the Department of Transportation may not
534establish a cap on the number of miles in the State Highway
535System or a maximum number of miles of urban principal arterial
536roads, as defined in s. 334.03, within a district or county.
537     Section 11.  Subsection (1) of section 337.14, Florida
538Statutes, is amended to read:
539     337.14  Application for qualification; certificate of
540qualification; restrictions; request for hearing.-
541     (1)  Any person desiring to bid for the performance of any
542construction contract in excess of $250,000 which the department
543proposes to let must first be certified by the department as
544qualified pursuant to this section and rules of the department.
545The rules of the department shall address the qualification of
546persons to bid on construction contracts in excess of $250,000
547and shall include requirements with respect to the equipment,
548past record, experience, financial resources, and organizational
549personnel of the applicant necessary to perform the specific
550class of work for which the person seeks certification. The
551department is authorized to limit the dollar amount of any
552contract upon which a person is qualified to bid or the
553aggregate total dollar volume of contracts such person is
554allowed to have under contract at any one time. Each applicant
555seeking qualification to bid on construction contracts in excess
556of $250,000 shall furnish the department a statement under oath,
557on such forms as the department may prescribe, setting forth
558detailed information as required on the application. Each
559application for certification shall be accompanied by the latest
560annual financial statement of the applicant completed within the
561last 12 months. If the application or the annual financial
562statement shows the financial condition of the applicant more
563than 4 months prior to the date on which the application is
564received by the department, then an interim financial statement
565must also be submitted and be accompanied by an updated
566application. The interim financial statement must cover the
567period from the end date of the annual statement and must show
568the financial condition of the applicant no more than 4 months
569prior to the date the interim financial statement on which the
570application is received by the department. Each required annual
571or interim financial statement must be audited and accompanied
572by the opinion of a certified public accountant or a public
573accountant approved by the department. The information required
574by this subsection is confidential and exempt from the
575provisions of s. 119.07(1). The department shall act upon the
576application for qualification within 30 days after the
577department determines that the application is complete. The
578department may waive the requirements of this subsection for
579projects having a contract price of $500,000 or less if the
580department determines that the project is of a noncritical
581nature and the waiver will not endanger public health, safety,
582or property.
583     Section 12.  Subsection (1) of section 337.401, Florida
584Statutes, is amended to read:
585     337.401  Use of right-of-way for utilities subject to
586regulation; permit; fees.-
587     (1)(a)  The department and local governmental entities,
588referred to in ss. 337.401-337.404 as the "authority," that have
589jurisdiction and control of public roads or publicly owned rail
590corridors are authorized to prescribe and enforce reasonable
591rules or regulations with reference to the placing and
592maintaining along, across, or on any road or publicly owned rail
593corridors under their respective jurisdictions any electric
594transmission, telephone, telegraph, or other communications
595services lines; pole lines; poles; railways; ditches; sewers;
596water, heat, or gas mains; pipelines; fences; gasoline tanks and
597pumps; or other structures referred to in this section as the
598"utility." For aerial and underground electric utility
599transmission lines designed to operate at 69 or more kilovolts
600that are needed to accommodate the additional electrical
601transfer capacity on the transmission grid resulting from new
602base-load generating facilities, where there is no other
603practicable alternative available for placement of the electric
604utility transmission lines on the department's rights-of-way,
605the department's rules shall provide for placement of and access
606to such transmission lines adjacent to and within the right-of-
607way of any department-controlled public roads, including
608longitudinally within limited access facilities to the greatest
609extent allowed by federal law, if compliance with the standards
610established by such rules is achieved. Such rules may include,
611but need not be limited to, that the use of the right-of-way is
612reasonable based upon a consideration of economic and
613environmental factors, including, without limitation, other
614practicable alternative alignments, utility corridors and
615easements, impacts on adjacent property owners, and minimum
616clear zones and other safety standards, and further provide that
617placement of the electric utility transmission lines within the
618department's right-of-way does not interfere with operational
619requirements of the transportation facility or planned or
620potential future expansion of such transportation facility. If
621the department approves longitudinal placement of electric
622utility transmission lines in limited access facilities,
623compensation for the use of the right-of-way is required. Such
624consideration or compensation paid by the electric utility in
625connection with the department's issuance of a permit does not
626create any property right in the department's property
627regardless of the amount of consideration paid or the
628improvements constructed on the property by the utility. Upon
629notice by the department that the property is needed for
630expansion or improvement of the transportation facility, the
631electric utility transmission line will relocate from the
632facility at the electric utility's sole expense. The electric
633utility shall pay to the department reasonable damages resulting
634from the utility's failure or refusal to timely relocate its
635transmission lines. The rules to be adopted by the department
636may also address the compensation methodology and relocation. As
637used in this subsection, the term "base-load generating
638facilities" means electric power plants that are certified under
639part II of chapter 403. The department may enter into a permit-
640delegation agreement with a governmental entity if issuance of a
641permit is based on requirements that the department finds will
642ensure the safety and integrity of facilities of the Department
643of Transportation; however, the permit-delegation agreement does
644not apply to facilities of electric utilities as defined in s.
645366.02(2).
646     (b)  For aerial and underground electric utility
647transmission lines designed to operate at 69 or more kilovolts
648that are needed to accommodate the additional electrical
649transfer capacity on the transmission grid resulting from new
650base-load generating facilities, the department's rules shall
651provide for placement of and access to such transmission lines
652adjacent to and within the right-of-way of any department-
653controlled public roads, including longitudinally within limited
654access facilities where there is no other practicable
655alternative available, to the greatest extent allowed by federal
656law, if compliance with the standards established by such rules
657is achieved. Such rules may include, but need not be limited to,
658that the use of the limited access right-of-way for longitudinal
659placement of electric utility transmission lines is reasonable
660based upon a consideration of economic and environmental
661factors, including, without limitation, other practicable
662alternative alignments, utility corridors and easements, impacts
663on adjacent property owners, and minimum clear zones and other
664safety standards, and further provide that placement of the
665electric utility transmission lines within the department's
666right-of-way does not interfere with operational requirements of
667the transportation facility or planned or potential future
668expansion of such transportation facility. If the department
669approves longitudinal placement of electric utility transmission
670lines in limited access facilities, compensation for the use of
671the right-of-way is required. Such consideration or compensation
672paid by the electric utility in connection with the department's
673issuance of a permit does not create any property right in the
674department's property regardless of the amount of consideration
675paid or the improvements constructed on the property by the
676utility. Upon notice by the department that the property is
677needed for expansion or improvement of the transportation
678facility, the electric utility transmission line will relocate
679at the electric utility's sole expense. The electric utility
680shall pay to the department reasonable damages resulting from
681the utility's failure or refusal to timely relocate its
682transmission lines. The rules to be adopted by the department
683may also address the compensation methodology and relocation. As
684used in this subsection, the term "base-load generating
685facilities" means electric power plants that are certified under
686part II of chapter 403.
687     Section 13.  Subsection (1) of section 338.155, Florida
688Statutes, is amended to read:
689     338.155  Payment of toll on toll facilities required;
690exemptions.-
691     (1)  No persons are permitted to use any toll facility
692without payment of tolls, except employees of the agency
693operating the toll project when using the toll facility on
694official state business, state military personnel while on
695official military business, handicapped persons as provided in
696this section, persons exempt from toll payment by the
697authorizing resolution for bonds issued to finance the facility,
698and persons exempt on a temporary basis where use of such toll
699facility is required as a detour route. Any law enforcement
700officer operating a marked official vehicle is exempt from toll
701payment when on official law enforcement business. Any person
702operating a fire vehicle when on official business or a rescue
703vehicle when on official business is exempt from toll payment.
704Any person participating in the funeral procession of a law
705enforcement officer or firefighter killed in the line of duty is
706exempt from toll payment. The secretary, or the secretary's
707designee, may suspend the payment of tolls on a toll facility
708when necessary to assist in emergency evacuation. The failure to
709pay a prescribed toll constitutes a noncriminal traffic
710infraction, punishable as a moving violation pursuant to s.
711318.18. The department is authorized to adopt rules relating to
712the payment, collection, and enforcement of tolls, including,
713but not limited to, rules for the implementation of video or
714other image billing and variable pricing guaranteed toll
715accounts.
716     Section 14.  Subsection (1) of section 403.4131, Florida
717Statutes, is amended to read:
718     403.4131  Litter control.-
719     (1)  The Department of Transportation shall establish an
720"adopt-a-highway" program to allow local organizations to be
721identified with specific highway cleanup and highway
722beautification projects authorized under s. 339.2405. The
723department shall report to the Governor and the Legislature on
724the progress achieved and the savings incurred by the "adopt-a-
725highway" program. The department shall also monitor and report
726on compliance with the provisions of the adopt-a-highway program
727to ensure that organizations participating that participate in
728the program comply with the goals identified by the department.
729     Section 15.  Section 705.18, Florida Statutes, is amended
730to read:
731     705.18  Disposal of personal property lost or abandoned on
732university or community college campuses or certain public-use
733airports; disposition of proceeds from sale thereof.-
734     (1)  Whenever any lost or abandoned personal property shall
735be found on a campus of an institution in the State University
736System or a campus of a state-supported community college, or on
737premises owned or controlled by the operator of a public-use
738airport having regularly scheduled international passenger
739service, the president of the institution or the president's
740designee or the director of the airport or the director's
741designee shall take charge of the property thereof and make a
742record of the date such property was found. If, within 30 days
743after such property is found, or a longer period of time as may
744be deemed appropriate by the president or the director under the
745circumstances, the property it is not claimed by the owner, the
746president or director shall order it sold at public outcry after
747giving notice of the time and place of sale in a publication of
748general circulation on the campus of such institution or within
749the county where the airport is located and written notice to
750the owner if known. The rightful owner of such property may
751reclaim the same at any time prior to sale.
752     (2)  All moneys realized from such institution's sale shall
753be placed in an appropriate fund and used solely for student
754scholarship and loan purposes. All moneys realized from such
755sale by an airport, less its costs of storage, transportation,
756and publication of notice, shall, unless another use is required
757by federal law, be deposited into the state school fund.
758     Section 16.  Section 705.182, Florida Statutes, is created
759to read:
760     705.182  Disposal of personal property found on the
761premises of public-use airports.-
762     (1)  Whenever any personal property, other than an aircraft
763or motor vehicle, is found on premises owned or controlled by
764the operator of a public-use airport, the director of the
765airport or the director's designee shall take charge of the
766property and make a record of the date such property was found.
767     (2)  If, within 30 calendar days after such property is
768found or for a longer period of time as may be deemed
769appropriate by the director or the director's designee under the
770circumstances, the property is not claimed by the owner, the
771director or the director's designee may:
772     (a)  Retain any or all of the property for use by the
773airport or for use by the state or the unit of local government
774owning or operating the airport;
775     (b)  Trade such property to another unit of local
776government or a state agency;
777     (c)  Donate the property to a charitable organization;
778     (d)  Sell the property; or
779     (e)  Dispose of the property through an appropriate refuse
780removal company or a company that provides salvage services for
781the type of personal property found or located on the airport
782premises.
783     (3)  The airport shall notify the owner, if known, of the
784property found on the airport premises and that the airport
785intends to dispose of the property as provided in subsection
786(2).
787     (4)  If the airport elects to sell the property under
788paragraph (2)(d), the property must be sold at a public auction
789either on the Internet or at a specified physical location after
790giving notice of the time and place of sale, at least 10
791calendar days prior to the date of sale, in a publication of
792general circulation within the county where the airport is
793located and after written notice, via certified mail, return
794receipt requested, is provided to the owner, if known. Any such
795notice shall be sufficient if the notice refers to the airport's
796intention to sell all then-accumulated found property, and there
797is no requirement that the notice identify each item to be sold.
798The rightful owner of such property may reclaim the property at
799any time prior to sale by presenting acceptable evidence of
800ownership to the airport director or the director's designee.
801All proceeds from the sale of the property shall be retained by
802the airport for use by the airport in any lawfully authorized
803manner.
804     (5)  Nothing in this section shall preclude the airport
805from allowing a domestic or international air carrier or other
806tenant, on premises owned or controlled by the operator of a
807public-use airport, to establish its own lost and found
808procedures for personal property and to dispose of such personal
809property.
810     (6)  A purchaser or recipient in good faith of personal
811property sold or obtained under this section shall take the
812property free of the rights of persons then holding any legal or
813equitable interest thereto, whether or not recorded.
814     Section 17.  Section 705.183, Florida Statutes, is created
815to read:
816     705.183  Disposal of derelict or abandoned aircraft on the
817premises of public-use airports.-
818     (1)(a)  Whenever any derelict or abandoned aircraft is
819found or located on premises owned or controlled by the operator
820of a public-use airport, whether or not such premises are under
821a lease or license to a third party, the director of the airport
822or the director's designee shall make a record of the date the
823aircraft was found or determined to be present on the airport
824premises.
825     (b)  For purposes of this section, the term:
826     1.  "Abandoned aircraft" means an aircraft that has been
827disposed of on a public-use airport in a wrecked, inoperative,
828or partially dismantled condition or an aircraft that has
829remained in an idle state on premises owned or controlled by the
830operator of a public-use airport for 45 consecutive calendar
831days.
832     2.  "Derelict aircraft" means any aircraft that is not in a
833flyable condition, does not have a current certificate of air
834worthiness issued by the Federal Aviation Administration, and is
835not in the process of actively being repaired.
836     (2)  The director or the director's designee shall contact
837the Federal Aviation Administration, Aircraft Registration
838Branch, to determine the name and address of the last registered
839owner of the aircraft and shall make a diligent personal search
840of the appropriate records, or contact an aircraft title search
841company, to determine the name and address of any person having
842an equitable or legal interest in the aircraft. Within 10
843business days after receipt of the information, the director or
844the director's designee shall notify the owner and all persons
845having an equitable or legal interest in the aircraft by
846certified mail, return receipt requested, of the location of the
847derelict or abandoned aircraft on the airport premises, that
848fees and charges for the use of the airport by the aircraft have
849accrued and the amount thereof, that the aircraft is subject to
850a lien under subsection (5) for the accrued fees and charges for
851the use of the airport and for the transportation, storage, and
852removal of the aircraft, that the lien is subject to enforcement
853pursuant to law, and that the airport may cause the use, trade,
854sale, or removal of the aircraft as described in s.
855705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
856after the date of receipt of such notice, the aircraft has not
857been removed from the airport upon payment in full of all
858accrued fees and charges for the use of the airport and for the
859transportation, storage, and removal of the aircraft. Such
860notice may require removal of the aircraft in less than 30
861calendar days if the aircraft poses a danger to the health or
862safety of users of the airport, as determined by the director or
863the director's designee.
864     (3)  If the owner of the aircraft is unknown or cannot be
865found, the director or the director's designee shall cause a
866laminated notice to be placed upon such aircraft in
867substantially the following form:
868
869NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
870PROPERTY. This property, to wit: ...(setting forth brief
871description)... is unlawfully upon public property known as
872...(setting forth brief description of location)... and has
873accrued fees and charges for the use of the ...(same description
874of location as above)... and for the transportation, storage,
875and removal of the property. These accrued fees and charges must
876be paid in full and the property must be removed within 30
877calendar days after the date of this notice; otherwise, the
878property will be removed and disposed of pursuant to chapter
879705, Florida Statutes. The property is subject to a lien for all
880accrued fees and charges for the use of the public property
881known as ...(same description of location as above)... by such
882property and for all fees and charges incurred by the public
883property known as ...(same description of location as above)...
884for the transportation, storage, and removal of the property.
885This lien is subject to enforcement pursuant to law. The owner
886will be liable for such fees and charges, as well as the cost
887for publication of this notice. Dated this: ...(setting forth
888the date of posting of notice)..., signed: ...(setting forth
889name, title, address, and telephone number of law enforcement
890officer)....
891
892Such notice shall be not less than 8 inches by 10 inches and
893shall be sufficiently weatherproof to withstand normal exposure
894to the weather. If, at the end of 30 calendar days after posting
895the notice, the owner or any person interested in the described
896derelict or abandoned aircraft has not removed the aircraft from
897the airport upon payment in full of all accrued fees and charges
898for the use of the airport and for the transportation, storage,
899and removal of the aircraft, or shown reasonable cause for
900failure to do so, the director or the director's designee may
901cause the use, trade, sale, or removal of the aircraft as
902described in s. 705.182(2)(a), (b), (d), or (e).
903     (4)  Such aircraft shall be removed within the time period
904specified in the notice provided under subsection (2) or
905subsection (3). If, at the end of such period of time, the owner
906or any person interested in the described derelict or abandoned
907aircraft has not removed the aircraft from the airport upon
908payment in full of all accrued fees and charges for the use of
909the airport and for the transportation, storage, and removal of
910the aircraft, or shown reasonable cause for the failure to do
911so, the director or the director's designee may cause the use,
912trade, sale, or removal of the aircraft as described in s.
913705.182(2)(a), (b), (d), or (e).
914     (a)  If the airport elects to sell the aircraft in
915accordance with s. 705.182(2)(d), the aircraft must be sold at
916public auction after giving notice of the time and place of
917sale, at least 10 calendar days prior to the date of sale, in a
918publication of general circulation within the county where the
919airport is located and after providing written notice of the
920intended sale to all parties known to have an interest in the
921aircraft.
922     (b)  If the airport elects to dispose of the aircraft in
923accordance with s. 705.182(2)(e), the airport shall be entitled
924to negotiate with the company for a price to be received from
925such company in payment for the aircraft, or, if circumstances
926so warrant, a price to be paid to such company by the airport
927for the costs of disposing of the aircraft. All information
928pertaining to the establishment of such price and the
929justification for the amount of such price shall be prepared and
930maintained by the airport, and such negotiated price shall be
931deemed to be a commercially reasonable price.
932     (c)  If the sale price or the negotiated price is less than
933the airport's then current charges and costs against the
934aircraft, or if the airport is required to pay the salvage
935company for its services, the owner of the aircraft shall remain
936liable to the airport for the airport's costs that are not
937offset by the sale price or negotiated price, in addition to the
938owner's liability for payment to the airport of the price the
939airport was required to pay any salvage company. All costs
940incurred by the airport in the removal, storage, and sale of any
941aircraft shall be recoverable against the owner of the aircraft.
942     (5)  The airport shall have a lien on a derelict or
943abandoned aircraft for all fees and charges for the use of the
944airport by such aircraft and for all fees and charges incurred
945by the airport for the transportation, storage, and removal of
946the aircraft. As a prerequisite to perfecting a lien under this
947section, the airport director or the director's designee must
948serve a notice in accordance with subsection (2) on the last
949registered owner and all persons having an equitable or legal
950interest in the aircraft. Serving the notice does not dispense
951with recording the claim of lien.
952     (6)(a)  For the purpose of perfecting its lien under this
953section, the airport shall record a claim of lien which shall
954state:
955     1.  The name and address of the airport.
956     2.  The name of the last registered owner of the aircraft
957and all persons having a legal or equitable interest in the
958aircraft.
959     3.  The fees and charges incurred by the aircraft for the
960use of the airport and the fees and charges for the
961transportation, storage, and removal of the aircraft.
962     4.  A description of the aircraft sufficient for
963identification.
964     (b)  The claim of lien shall be signed and sworn to or
965affirmed by the airport director or the director's designee.
966     (c)  The claim of lien shall be sufficient if it is in
967substantially the following form:
968
969
CLAIM OF LIEN
970State of ______
971County of ______
972Before me, the undersigned notary public, personally appeared
973______, who was duly sworn and says that he/she is the
974________of ________, whose address is________; and that the
975following described aircraft:
976...(Description of aircraft)...
977owned by __________, whose address is ____________, has accrued
978$___________in fees and charges for the use by the aircraft of
979______________ and for the transportation, storage, and removal
980of the aircraft from _______________; that the lienor served its
981notice to the last registered owner and all persons having a
982legal or equitable interest in the aircraft on ____,
983...(year)..., by________.
984...(Signature)...
985Sworn to (or affirmed) and subscribed before me this _____day
986of___, ...(year)..., by ...(name of person making statement)....
987...(Signature of Notary Public)... ...(Print, Type, or Stamp
988Commissioned name of Notary Public)...
989Personally Known___OR Produced_____as identification.
990
991However, the negligent inclusion or omission of any information
992in this claim of lien which does not prejudice the last
993registered owner does not constitute a default that operates to
994defeat an otherwise valid lien.
995     (d)  The claim of lien shall be served on the last
996registered owner of the aircraft and all persons having an
997equitable or legal interest in the aircraft. The claim of lien
998shall be so served before recordation.
999     (e)  The claim of lien shall be recorded with the clerk of
1000court in the county where the airport is located. The recording
1001of the claim of lien shall be constructive notice to all persons
1002of the contents and effect of such claim. The lien shall attach
1003at the time of recordation and shall take priority as of that
1004time.
1005     (7)  A purchaser or recipient in good faith of an aircraft
1006sold or obtained under this section takes the property free of
1007the rights of persons then holding any legal or equitable
1008interest to the aircraft, whether or not recorded. The purchaser
1009or recipient is required to notify the appropriate Federal
1010Aviation Administration office of such change in the registered
1011owner of the aircraft.
1012     (8)  If the aircraft is sold at public sale, the airport
1013shall deduct from the proceeds of sale the costs of
1014transportation, storage, publication of notice, and all other
1015costs reasonably incurred by the airport, and any balance of the
1016proceeds shall be deposited into an interest-bearing account not
1017later than 30 calendar days after the airport's receipt of the
1018proceeds and held there for 1 year. The rightful owner of the
1019aircraft may claim the balance of the proceeds within 1 year
1020after the date of the deposit by making application to the
1021airport and presenting acceptable written evidence of ownership
1022to the airport's director or the director's designee. If no
1023rightful owner claims the proceeds within the 1-year period, the
1024balance of the proceeds shall be retained by the airport to be
1025used in any manner authorized by law.
1026     (9)  Any person acquiring a legal interest in an aircraft
1027that is sold by an airport under this section or s. 705.182
1028shall be the lawful owner of such aircraft and all other legal
1029or equitable interests in such aircraft shall be divested and of
1030no further force and effect, provided that the holder of any
1031such legal or equitable interests was notified of the intended
1032disposal of the aircraft to the extent required in this section.
1033The airport may issue documents of disposition to the purchaser
1034or recipient of an aircraft disposed of under this section.
1035     Section 18.  Section 705.184, Florida Statutes, is created
1036to read:
1037     705.184  Derelict or abandoned motor vehicles on the
1038premises of public-use airports.-
1039     (1)(a)  Whenever any derelict or abandoned motor vehicle is
1040found on premises owned or controlled by the operator of a
1041public-use airport, including airport premises leased to a third
1042party, the director of the airport or the director's designee
1043may take charge of the motor vehicle and make a record of the
1044date such motor vehicle was found.
1045     (b)  For purposes of this section, the term:
1046     1.  "Abandoned motor vehicle" means a motor vehicle that
1047has been disposed of on a public-use airport in a wrecked,
1048inoperative, or partially dismantled condition or a motor
1049vehicle that has remained in an idle state on the premises of a
1050public-use airport for 45 consecutive calendar days.
1051     2.  "Derelict motor vehicle" means any motor vehicle that
1052is not in a drivable condition.
1053     (c)  After the information relating to the abandoned or
1054derelict motor vehicle is recorded in the airport's records, the
1055director or the director's designee may cause the motor vehicle
1056to be removed from airport premises by the airport's wrecker or
1057by a licensed independent wrecker company to be stored at a
1058suitable location on or off the airport premises. If the motor
1059vehicle is to be removed from airport premises by the airport's
1060wrecker, the airport must follow the procedures in subsections
1061(2)-(8). The procedures in subsections (2)-(8) do not apply if
1062the motor vehicle is removed from the airport premises by a
1063licensed independent wrecker company.
1064     (2)  The airport director or the director's designee shall
1065contact the Department of Highway Safety and Motor Vehicles to
1066notify that department that the airport has possession of the
1067abandoned or derelict motor vehicle and to determine the name
1068and address of the owner of the motor vehicle, the insurance
1069company insuring the motor vehicle, notwithstanding the
1070provisions of s. 627.736, and any person who has filed a lien on
1071the motor vehicle. Within 7 business days after receipt of the
1072information, the director or the director's designee shall send
1073notice by certified mail, return receipt requested, to the owner
1074of the motor vehicle, the insurance company insuring the motor
1075vehicle, notwithstanding the provisions of s. 627.736, and all
1076persons of record claiming a lien against the motor vehicle. The
1077notice shall state the fact of possession of the motor vehicle,
1078that charges for reasonable towing, storage, and parking fees,
1079if any, have accrued and the amount thereof, that a lien as
1080provided in subsection (6) will be claimed, that the lien is
1081subject to enforcement pursuant to law, that the owner or
1082lienholder, if any, has the right to a hearing as set forth in
1083subsection (4), and that any motor vehicle which, at the end of
108430 calendar days after receipt of the notice, has not been
1085removed from the airport upon payment in full of all accrued
1086charges for reasonable towing, storage, and parking fees, if
1087any, may be disposed of as provided in s. 705.182(2)(a), (b),
1088(d), or (e), including, but not limited to, the motor vehicle
1089being sold free of all prior liens after 35 calendar days after
1090the time the motor vehicle is stored if any prior liens on the
1091motor vehicle are more than 5 years of age or after 50 calendar
1092days after the time the motor vehicle is stored if any prior
1093liens on the motor vehicle are 5 years of age or less.
1094     (3)  If attempts to notify the owner or lienholder pursuant
1095to subsection (2) are not successful, the requirement of notice
1096by mail shall be considered met and the director or the
1097director's designee, in accordance with subsection (5), may
1098cause the motor vehicle to be disposed of as provided in s.
1099705.182(2)(a), (b), (d), or (e), including, but not limited to,
1100the motor vehicle being sold free of all prior liens after 35
1101calendar days after the time the motor vehicle is stored if any
1102prior liens on the motor vehicle are more than 5 years of age or
1103after 50 calendar days after the time the motor vehicle is
1104stored if any prior liens on the motor vehicle are 5 years of
1105age or less.
1106     (4)(a)  The owner of, or any person with a lien on, a motor
1107vehicle removed pursuant to subsection (1), may, within 10
1108calendar days after the time he or she has knowledge of the
1109location of the motor vehicle, file a complaint in the county
1110court of the county in which the motor vehicle is stored to
1111determine if his or her property was wrongfully taken or
1112withheld.
1113     (b)  Upon filing a complaint, an owner or lienholder may
1114have his or her motor vehicle released upon posting with the
1115court a cash or surety bond or other adequate security equal to
1116the amount of the fees for towing, storage, and accrued parking,
1117if any, to ensure the payment of such fees in the event he or
1118she does not prevail. Upon the posting of the bond or other
1119adequate security and the payment of any applicable fee, the
1120clerk of the court shall issue a certificate notifying the
1121airport of the posting of the bond or other adequate security
1122and directing the airport to release the motor vehicle. At the
1123time of such release, after reasonable inspection, the owner or
1124lienholder shall give a receipt to the airport reciting any
1125claims he or she has for loss or damage to the motor vehicle or
1126the contents of the motor vehicle.
1127     (5)  If, after 30 calendar days after receipt of the
1128notice, the owner or any person claiming a lien has not removed
1129the motor vehicle from its storage location upon payment in full
1130of all accrued charges for reasonable towing, storage, and
1131parking fees, if any, or shown reasonable cause for the failure
1132to do so, the airport director or the director's designee may
1133dispose of the motor vehicle as provided in s. 705.182(2)(a),
1134(b), (d), or (e). If the airport elects to sell the motor
1135vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
1136sold free of all prior liens after 35 calendar days after the
1137time the motor vehicle is stored if any prior liens on the motor
1138vehicle are more than 5 years of age or after 50 calendar days
1139after the time the motor vehicle is stored if any prior liens on
1140the motor vehicle are 5 years of age or less. The sale shall be
1141a public auction either on the Internet or at a specified
1142physical location. If the date of the sale was not included in
1143the notice required in subsection (2), notice of the sale, sent
1144by certified mail, return receipt requested, shall be given to
1145the owner of the motor vehicle and to all persons claiming a
1146lien on the motor vehicle. Such notice shall be mailed not less
1147than 10 calendar days before the date of the sale. In addition
1148to the notice by mail, public notice of the time and place of
1149the sale at auction shall be made by publishing a notice of the
1150sale at auction one time, at least 10 calendar days prior to the
1151date of sale, in a newspaper of general circulation in the
1152county in which the sale is to be held. All costs incurred by
1153the airport for the towing, storage, and sale of the motor
1154vehicle, as well as all accrued parking fees, if any, shall be
1155recovered by the airport from the proceeds of the sale, and any
1156proceeds of the sale in excess of such costs shall be retained
1157by the airport for use by the airport in any manner authorized
1158by law.
1159     (6)  The airport pursuant to this section or, if used, a
1160licensed independent wrecker company pursuant to s. 713.78 shall
1161have a lien on an abandoned or derelict motor vehicle for all
1162reasonable towing, storage, and accrued parking fees, if any,
1163except that no storage fee shall be charged if the motor vehicle
1164is stored less than 6 hours. As a prerequisite to perfecting a
1165lien under this section, the airport director or the director's
1166designee must serve a notice in accordance with subsection (2)
1167on the owner of the motor vehicle, the insurance company
1168insuring the motor vehicle, notwithstanding the provisions of s.
1169627.736, and all persons of record claiming a lien against the
1170motor vehicle. If attempts to notify the owner, the insurance
1171company insuring the motor vehicle, notwithstanding the
1172provisions of s. 627.736, or lienholders are not successful, the
1173requirement of notice by mail shall be considered met. Serving
1174of the notice does not dispense with recording the claim of
1175lien.
1176     (7)(a)  For the purpose of perfecting its lien under this
1177section, the airport shall record a claim of lien which shall
1178state:
1179     1.  The name and address of the airport.
1180     2.  The name of the owner of the motor vehicle, the
1181insurance company insuring the motor vehicle, notwithstanding
1182the provisions of s. 627.736, and all persons of record claiming
1183a lien against the motor vehicle.
1184     3.  The costs incurred from reasonable towing, storage, and
1185parking fees, if any.
1186     4.  A description of the motor vehicle sufficient for
1187identification.
1188     (b)  The claim of lien shall be signed and sworn to or
1189affirmed by the airport director or the director's designee.
1190     (c)  The claim of lien shall be sufficient if it is in
1191substantially the following form:
1192
1193
CLAIM OF LIEN
1194State of ______
1195County of ______
1196Before me, the undersigned notary public, personally appeared
1197______, who was duly sworn and says that he/she is the
1198________of _____________, whose address is________; and that the
1199following described motor vehicle:
1200...(Description of motor vehicle)...
1201owned by __________, whose address is ____________, has accrued
1202$___________in fees for a reasonable tow, for storage, and for
1203parking, if applicable; that the lienor served its notice to the
1204owner, the insurance company insuring the motor vehicle
1205notwithstanding the provisions of s. 627.736, Florida Statutes,
1206and all persons of record claiming a lien against the motor
1207vehicle on ____, ...(year)..., by________.
1208...(Signature)...
1209Sworn to (or affirmed) and subscribed before me this _____day
1210of___, ...(year)..., by ...(name of person making statement)....
1211...(Signature of Notary Public)... ...(Print, Type, or Stamp
1212Commissioned name of Notary Public)...
1213Personally Known___OR Produced_____as identification.
1214
1215However, the negligent inclusion or omission of any information
1216in this claim of lien which does not prejudice the owner does
1217not constitute a default that operates to defeat an otherwise
1218valid lien.
1219     (d)  The claim of lien shall be served on the owner of the
1220motor vehicle, the insurance company insuring the motor vehicle,
1221notwithstanding the provisions of s. 627.736, and all persons of
1222record claiming a lien against the motor vehicle. If attempts to
1223notify the owner, the insurance company insuring the motor
1224vehicle notwithstanding the provisions of s. 627.736, or
1225lienholders are not successful, the requirement of notice by
1226mail shall be considered met. The claim of lien shall be so
1227served before recordation.
1228     (e)  The claim of lien shall be recorded with the clerk of
1229court in the county where the airport is located. The recording
1230of the claim of lien shall be constructive notice to all persons
1231of the contents and effect of such claim. The lien shall attach
1232at the time of recordation and shall take priority as of that
1233time.
1234     (8)  A purchaser or recipient in good faith of a motor
1235vehicle sold or obtained under this section takes the property
1236free of the rights of persons then holding any legal or
1237equitable interest thereto, whether or not recorded.
1238     Section 19.  Paragraph (a) of subsection (12) of section
1239163.3180, Florida Statutes, is amended to read:
1240     163.3180  Concurrency.-
1241     (12)(a)  A development of regional impact may satisfy the
1242transportation concurrency requirements of the local
1243comprehensive plan, the local government's concurrency
1244management system, and s. 380.06 by payment of a proportionate-
1245share contribution for local and regionally significant traffic
1246impacts, if:
1247     1.  The development of regional impact which, based on its
1248location or mix of land uses, is designed to encourage
1249pedestrian or other nonautomotive modes of transportation;
1250     2.  The proportionate-share contribution for local and
1251regionally significant traffic impacts is sufficient to pay for
1252one or more required mobility improvements that will benefit a
1253regionally significant transportation facility;
1254     3.  The owner and developer of the development of regional
1255impact pays or assures payment of the proportionate-share
1256contribution; and
1257     4.  If the regionally significant transportation facility
1258to be constructed or improved is under the maintenance authority
1259of a governmental entity, as defined by s. 334.03(10)(12), other
1260than the local government with jurisdiction over the development
1261of regional impact, the developer is required to enter into a
1262binding and legally enforceable commitment to transfer funds to
1263the governmental entity having maintenance authority or to
1264otherwise assure construction or improvement of the facility.
1265
1266The proportionate-share contribution may be applied to any
1267transportation facility to satisfy the provisions of this
1268subsection and the local comprehensive plan, but, for the
1269purposes of this subsection, the amount of the proportionate-
1270share contribution shall be calculated based upon the cumulative
1271number of trips from the proposed development expected to reach
1272roadways during the peak hour from the complete buildout of a
1273stage or phase being approved, divided by the change in the peak
1274hour maximum service volume of roadways resulting from
1275construction of an improvement necessary to maintain the adopted
1276level of service, multiplied by the construction cost, at the
1277time of developer payment, of the improvement necessary to
1278maintain the adopted level of service. For purposes of this
1279subsection, "construction cost" includes all associated costs of
1280the improvement. Proportionate-share mitigation shall be limited
1281to ensure that a development of regional impact meeting the
1282requirements of this subsection mitigates its impact on the
1283transportation system but is not responsible for the additional
1284cost of reducing or eliminating backlogs. This subsection also
1285applies to Florida Quality Developments pursuant to s. 380.061
1286and to detailed specific area plans implementing optional sector
1287plans pursuant to s. 163.3245.
1288     Section 20.  Subsection (3) of section 288.063, Florida
1289Statutes, is amended to read:
1290     288.063  Contracts for transportation projects.-
1291     (3)  With respect to any contract executed pursuant to this
1292section, the term "transportation project" means a
1293transportation facility as defined in s. 334.03(28)(31) which is
1294necessary in the judgment of the Office of Tourism, Trade, and
1295Economic Development to facilitate the economic development and
1296growth of the state. Except for applications received prior to
1297July 1, 1996, such transportation projects shall be approved
1298only as a consideration to attract new employment opportunities
1299to the state or expand or retain employment in existing
1300companies operating within the state, or to allow for the
1301construction or expansion of a state or federal correctional
1302facility in a county with a population of 75,000 or less that
1303creates new employment opportunities or expands or retains
1304employment in the county. The Office of Tourism, Trade, and
1305Economic Development shall institute procedures to ensure that
1306small and minority businesses have equal access to funding
1307provided under this section. Funding for approved transportation
1308projects may include any expenses, other than administrative
1309costs and equipment purchases specified in the contract,
1310necessary for new, or improvement to existing, transportation
1311facilities. Funds made available pursuant to this section may
1312not be expended in connection with the relocation of a business
1313from one community to another community in this state unless the
1314Office of Tourism, Trade, and Economic Development determines
1315that without such relocation the business will move outside this
1316state or determines that the business has a compelling economic
1317rationale for the relocation which creates additional jobs.
1318Subject to appropriation for projects under this section, any
1319appropriation greater than $10 million shall be allocated to
1320each of the districts of the Department of Transportation to
1321ensure equitable geographical distribution. Such allocated funds
1322that remain uncommitted by the third quarter of the fiscal year
1323shall be reallocated among the districts based on pending
1324project requests.
1325     Section 21.  Paragraph (b) of subsection (3) of section
1326311.07, Florida Statutes, is amended to read:
1327     311.07  Florida seaport transportation and economic
1328development funding.-
1329     (3)
1330     (b)  Projects eligible for funding by grants under the
1331program are limited to the following port facilities or port
1332transportation projects:
1333     1.  Transportation facilities within the jurisdiction of
1334the port.
1335     2.  The dredging or deepening of channels, turning basins,
1336or harbors.
1337     3.  The construction or rehabilitation of wharves, docks,
1338structures, jetties, piers, storage facilities, cruise
1339terminals, automated people mover systems, or any facilities
1340necessary or useful in connection with any of the foregoing.
1341     4.  The acquisition of vessel tracking systems, container
1342cranes, or other mechanized equipment used in the movement of
1343cargo or passengers in international commerce.
1344     5.  The acquisition of land to be used for port purposes.
1345     6.  The acquisition, improvement, enlargement, or extension
1346of existing port facilities.
1347     7.  Environmental protection projects which are necessary
1348because of requirements imposed by a state agency as a condition
1349of a permit or other form of state approval; which are necessary
1350for environmental mitigation required as a condition of a state,
1351federal, or local environmental permit; which are necessary for
1352the acquisition of spoil disposal sites and improvements to
1353existing and future spoil sites; or which result from the
1354funding of eligible projects listed in this paragraph.
1355     8.  Transportation facilities as defined in s.
1356334.03(28)(31) which are not otherwise part of the Department of
1357Transportation's adopted work program.
1358     9.  Seaport intermodal access projects identified in the 5-
1359year Florida Seaport Mission Plan as provided in s. 311.09(3).
1360     10.  Construction or rehabilitation of port facilities as
1361defined in s. 315.02, excluding any park or recreational
1362facilities, in ports listed in s. 311.09(1) with operating
1363revenues of $5 million or less, provided that such projects
1364create economic development opportunities, capital improvements,
1365and positive financial returns to such ports.
1366     Section 22.  Subsection (7) of section 311.09, Florida
1367Statutes, is amended to read:
1368     311.09  Florida Seaport Transportation and Economic
1369Development Council.-
1370     (7)  The Department of Transportation shall review the list
1371of projects approved by the council for consistency with the
1372Florida Transportation Plan and the department's adopted work
1373program. In evaluating the consistency of a project, the
1374department shall determine whether the transportation impact of
1375the proposed project is adequately handled by existing state-
1376owned transportation facilities or by the construction of
1377additional state-owned transportation facilities as identified
1378in the Florida Transportation Plan and the department's adopted
1379work program. In reviewing for consistency a transportation
1380facility project as defined in s. 334.03(28)(31) which is not
1381otherwise part of the department's work program, the department
1382shall evaluate whether the project is needed to provide for
1383projected movement of cargo or passengers from the port to a
1384state transportation facility or local road. If the project is
1385needed to provide for projected movement of cargo or passengers,
1386the project shall be approved for consistency as a consideration
1387to facilitate the economic development and growth of the state
1388in a timely manner. The Department of Transportation shall
1389identify those projects which are inconsistent with the Florida
1390Transportation Plan and the adopted work program and shall
1391notify the council of projects found to be inconsistent.
1392     Section 23.  Section 316.2122, Florida Statutes, is amended
1393to read:
1394     316.2122  Operation of a low-speed vehicle or mini truck on
1395certain roadways.-The operation of a low-speed vehicle as
1396defined in s. 320.01(42) or a mini truck as defined in s.
1397320.01(45) on any road under the jurisdiction of a county or
1398municipality or on an urban minor arterial road under the
1399jurisdiction of the Department of Transportation as defined in
1400s. 334.03(15) or (33) is authorized with the following
1401restrictions:
1402     (1)  A low-speed vehicle or mini truck may be operated only
1403on streets where the posted speed limit is 35 miles per hour or
1404less. This does not prohibit a low-speed vehicle or mini truck
1405from crossing a road or street at an intersection where the road
1406or street has a posted speed limit of more than 35 miles per
1407hour.
1408     (2)  A low-speed vehicle must be equipped with headlamps,
1409stop lamps, turn signal lamps, taillamps, reflex reflectors,
1410parking brakes, rearview mirrors, windshields, seat belts, and
1411vehicle identification numbers.
1412     (3)  A low-speed vehicle or mini truck must be registered
1413and insured in accordance with s. 320.02 and titled pursuant to
1414chapter 319.
1415     (4)  Any person operating a low-speed vehicle or mini truck
1416must have in his or her possession a valid driver's license.
1417     (5)  A county or municipality may prohibit the operation of
1418low-speed vehicles or mini trucks on any road under its
1419jurisdiction if the governing body of the county or municipality
1420determines that such prohibition is necessary in the interest of
1421safety.
1422     (6)  The Department of Transportation may prohibit the
1423operation of low-speed vehicles or mini trucks on any road under
1424its jurisdiction if it determines that such prohibition is
1425necessary in the interest of safety.
1426     Section 24.  Paragraph (c) of subsection (5) of section
1427316.515, Florida Statutes, is amended to read:
1428     316.515  Maximum width, height, length.-
1429     (5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1430AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
1431     (c)  The width and height limitations of this section do
1432not apply to farming or agricultural equipment, whether self-
1433propelled, pulled, or hauled, when temporarily operated during
1434daylight hours upon a public road that is not a limited access
1435facility as defined in s. 334.03(11)(13), and the width and
1436height limitations may be exceeded by such equipment without a
1437permit. To be eligible for this exemption, the equipment shall
1438be operated within a radius of 50 miles of the real property
1439owned, rented, or leased by the equipment owner. However,
1440equipment being delivered by a dealer to a purchaser is not
1441subject to the 50-mile limitation. Farming or agricultural
1442equipment greater than 174 inches in width must have one warning
1443lamp mounted on each side of the equipment to denote the width
1444and must have a slow-moving vehicle sign. Warning lamps required
1445by this paragraph must be visible from the front and rear of the
1446vehicle and must be visible from a distance of at least 1,000
1447feet.
1448     Section 25.  Section 336.01, Florida Statutes, is amended
1449to read:
1450     336.01  Designation of county road system.-The county road
1451system shall be as defined in s. 334.03(6)(8).
1452     Section 26.  Subsection (2) of section 338.222, Florida
1453Statutes, is amended to read:
1454     338.222  Department of Transportation sole governmental
1455entity to acquire, construct, or operate turnpike projects;
1456exception.-
1457     (2)  The department may contract with any local
1458governmental entity as defined in s. 334.03(12)(14) for the
1459design, right-of-way acquisition, or construction of any
1460turnpike project which the Legislature has approved. Local
1461governmental entities may negotiate with the department for the
1462design, right-of-way acquisition, and construction of any
1463section of the turnpike project within areas of their respective
1464jurisdictions or within counties with which they have interlocal
1465agreements.
1466     Section 27.  Subsection (2) of section 341.8225, Florida
1467Statutes, is amended to read:
1468     341.8225  Department of Transportation sole governmental
1469entity to acquire, construct, or operate high-speed rail
1470projects; exception.-
1471     (2)  Local governmental entities, as defined in s.
1472334.03(12)(14), may negotiate with the department for the
1473design, right-of-way acquisition, and construction of any
1474component of the high-speed rail system within areas of their
1475respective jurisdictions or within counties with which they have
1476interlocal agreements.
1477     Section 28.  Subsection (24) of section 479.01, Florida
1478Statutes, is amended to read:
1479     479.01  Definitions.-As used in this chapter, the term:
1480     (24)  "Urban area" has the same meaning as defined in s.
1481334.03(29)(32).
1482     Section 29.  Subsection (1) of section 479.07, Florida
1483Statutes, is amended to read:
1484     479.07  Sign permits.-
1485     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1486person may not erect, operate, use, or maintain, or cause to be
1487erected, operated, used, or maintained, any sign on the State
1488Highway System outside an urban area, as defined in s.
1489334.03(29)(32), or on any portion of the interstate or federal-
1490aid primary highway system without first obtaining a permit for
1491the sign from the department and paying the annual fee as
1492provided in this section. As used in this section, the term "on
1493any portion of the State Highway System, interstate, or federal-
1494aid primary system" means a sign located within the controlled
1495area which is visible from any portion of the main-traveled way
1496of such system.
1497     Section 30.  Subsection (5) of section 479.261, Florida
1498Statutes, is amended to read:
1499     479.261  Logo sign program.-
1500     (5)  At a minimum, permit fees for businesses that
1501participate in the program must be established in an amount
1502sufficient to offset the total cost to the department for the
1503program, including contract costs. The department shall provide
1504the services in the most efficient and cost-effective manner
1505through department staff or by contracting for some or all of
1506the services. The department shall adopt rules that set
1507reasonable rates based upon factors such as population, traffic
1508volume, market demand, and costs for annual permit fees.
1509However, annual permit fees for sign locations inside an urban
1510area, as defined in s. 334.03(29)(32), may not exceed $5,000,
1511and annual permit fees for sign locations outside an urban area,
1512as defined in s. 334.03(29)(32), may not exceed $2,500. After
1513recovering program costs, the proceeds from the annual permit
1514fees shall be deposited into the State Transportation Trust Fund
1515and used for transportation purposes.
1516     Section 31.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader