December 01, 2020
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CS/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
4grant a specified pay additive to law enforcement officers
5assigned to the Office of Motor Carrier Compliance who
6maintain certification by the Commercial Vehicle Safety
7Alliance; repealing s. 315.03(12)(c), F.S., relating to
8legislative review of a loan program of the Florida
9Seaport Transportation and Economic Development Council;
10amending s. 316.2122, F.S.; revising provisions
11authorizing operation of low-speed vehicles and mini
12trucks; amending s. 316.535, F.S.; requiring specified
13scale tolerances to be applied to weight limits for
14vehicles on highways that are not in the Interstate
15Highway System; providing that specified tolerances do not
16apply to cranes; providing for determination of fines for
17violations of the total gross weight limits; amending s.
18316.545, F.S.; revising conditions under which a vehicle
19in violation of specified gross or external bridge weight
20limits must be unloaded; providing for a reduction in the
21gross weight of certain vehicles equipped with idle-
22reduction technologies when calculating a penalty for
23exceeding maximum weight limits; requiring the operator to
24provide certification of the weight of the idle-reduction
25technology and to demonstrate or certify that the idle-
26reduction technology is fully functional at all times;
27amending s. 318.18, F.S.; revising provisions for
28distribution of proceeds collected by the clerk of the
29court for disposition of citations for failure to pay a
30toll; providing alternative procedures for disposition of
31such citation; providing for adjudication to be withheld
32and no points assessed against the driver's license unless
33adjudication is imposed by a court; removing a provision
34for suspension of the driver's license of a person who is
35convicted of failing to pay a toll 10 or more times within
36a 36-month period; amending s. 320.08058, F.S.; revising
37authorized uses of revenue received from the sale of
38United We Stand license plates; amending s. 322.27, F.S.;
39providing for assessment of points against a driver's
40license for specified violations of requirements to pay a
41toll only when the points are imposed by a court;
42repealing s. 332.14, F.S., relating to the Secure Airports
43for Florida's Economy Council; providing for the use of
44funds accrued by the Secure Airports for Florida's Economy
45Council; amending s. 334.03, F.S.; revising definitions
46for purposes of the Florida Transportation Code; amending
47s. 334.044, F.S.; revising powers and duties of the
48department; removing provisions for assigning jurisdiction
49of roads and designating facilities as part of the State
50Highway System; amending s. 334.047, F.S.; removing a
51prohibition against the department establishing a maximum
52number of miles of certain roads within a district or
53county; amending s. 337.14, F.S.; revising application
54procedures for the qualification of contractors; requiring
55any required interim financial statement to be accompanied
56by an updated application; amending s. 337.401, F.S.;
57revising provisions for rules of the department that
58provide for the placement of and access to certain
59electrical transmission lines on the right-of-way of
60department-controlled roads; authorizing the rules to
61include that the use of the limited access right-of-way
62for longitudinal placement of such transmission lines is
63reasonable based upon consideration of certain economic
64and environmental factors; amending s. 338.155, F.S.;
65authorizing the department to adopt rules relating to the
66payment, collection, and enforcement of tolls; amending s.
67343.64, F.S.; authorizing the Central Florida Regional
68Transportation Authority to borrow funds under certain
69circumstances; amending s. 348.51, F.S.; revising the
70definition for the term "bonds" when used in the Tampa-
71Hillsborough County Expressway Authority Law; amending s.
72348.545, F.S.; authorizing costs of authority improvements
73to be financed by bonds issued on behalf of the authority
74pursuant to the State Bond Act or bonds issued by the
75authority under specified provisions; amending s. 348.56,
76F.S.; authorizing bonds to be issued on behalf of the
77authority pursuant to the State Bond Act or issued by the
78authority under specified provisions; revising
79requirements for such bonds; requiring the bonds to be
80sold at public sale; authorizing the authority to
81negotiate the sale of bonds with underwriters under
82certain circumstances; amending s. 348.565, F.S.;
83providing that facilities of the expressway system are
84approved to be refinanced by the revenue bonds issued by
85the Division of Bond Finance of the State Board of
86Administration and the State Bond Act or by revenue bonds
87issued by the authority; providing that certain projects
88of the authority are approved for financing or refinancing
89by revenue bonds; amending s. 348.57, F.S.; authorizing
90the authority to provide for the issuance of certain bonds
91for the refunding of bonds outstanding regardless of
92whether the bonds being refunded were issued by the
93authority or on behalf of the authority; amending s.
94348.70, F.S.; providing that the Tampa-Hillsborough County
95Expressway Authority Law does not repeal, rescind, or
96modify any other laws; providing that such law supersedes
97laws that are inconsistent with the provisions of that
98law; creating pt. XI of ch. 348, F.S., titled "Osceola
99County Expressway Authority"; providing a short title;
100providing definitions; creating the Osceola County
101Expressway Authority as an agency of the state; providing
102for a governing body of the authority; providing for
103membership, terms, organization, personnel, and
104administration; authorizing payment of travel and other
105expenses; directing the authority to cooperate with and
106participate in any efforts to establish a regional
107expressway authority; providing purposes and powers of the
108authority for acquisition, construction, expansion,
109maintenance, improvement, operation, ownership, and
110leasing of the Osceola County Expressway System; providing
111for use of certain funds to pay or secure obligations;
112authorizing use of the Osceola County gasoline tax under
113certain conditions; authorizing the authority to enter
114into partnerships and other agreements; authorizing the
115authority to construct, operate, and maintain roads,
116bridges, avenues of access, thoroughfares, and boulevards,
117and electronic toll payment systems thereon, outside the
118jurisdictional boundaries of Osceola County; authorizing
119the authority to enter into an interlocal agreement with
120the Orlando-Orange County Expressway Authority to
121coordinate and plan for projects; prohibiting the
122authority from pledging the credit or taxing power of the
123state; requiring consent of local and county jurisdictions
124prior to acquisition of rights-of-way; requiring consent
125of local and county jurisdictions for agreements that
126would restrict construction of roads; providing for bond
127financing of improvements to certain facilities; providing
128for issuance and sale of bonds; providing for the
129employment of fiscal agents; authorizing the State Board
130of Administration to act as fiscal agent; providing
131approval of certain facilities that have been financed by
132the issuance of bonds or other evidence of indebtedness;
133providing for rights and remedies granted to bondholders;
134providing for appointment of a trustee to represent the
135bondholders; providing for appointment of a receiver to
136take possession of, operate, and maintain the system;
137providing for lease of the system to the Department of
138Transportation under a lease-purchase agreement;
139authorizing the department to act in place of the
140authority under terms of the lease-purchase agreement;
141requiring approval by the county for certain provisions of
142the lease-purchase agreement; providing that upon
143termination of such lease-purchase agreement title to the
144system shall be transferred to the state; providing that
145no pledge of Osceola County gasoline tax funds as rentals
146under such lease-purchase agreement shall be made without
147the consent of Osceola County; authorizing the department
148to expend a limited amount of funds; providing that the
149system is part of the state road system; providing for the
150authority to appoint the department as its agent for
151certain construction purposes; authorizing the authority
152to acquire property; authorizing the authority to exercise
153eminent domain; limiting liability of the authority for
154preexisting contamination of an acquired property;
155providing for remedial acts necessary due to such
156contamination; authorizing agreements between the
157authority and other entities; providing pledge of the
158state to bondholders; exempting the authority from
159taxation; providing that investment in such bonds or other
160obligations constitutes legal investments; providing that
161such bonds are eligible for deposit as security for state,
162municipal, and other public funds; providing that pledges
163shall be enforceable by bondholders; providing for
164application and construction of the part; authorizing
165certain audits of the authority by the Osceola County
166auditor; requiring reports of such audits to be submitted
167to the authority and the governing body of Osceola County;
168providing for dissolution of the authority under certain
169circumstances; amending s. 373.41492, F.S.; increasing the
170mitigation fee for mining activities in the Miami-Dade
171County Lake Belt; amending s. 403.4131, F.S.; removing
172provisions relating to a report on the adopt-a-highway
173program; amending s. 479.01, F.S.; defining the terms
174"allowable uses," "commercial use," "industrial use," and
175"zoning category" and revising the definition of the term
176"commercial or industrial zone" for purposes of provisions
177relating to outdoor advertising; conforming cross-
178references; designating pts. I and II of ch. 479, F.S.,
179entitled "General Provisions" and "Special Programs,"
180respectively; creating pt. III of ch. 479, F.S., entitled
181"Sign Removal"; creating s. 479.310, F.S.; providing
182intent relating to unpermitted and illegal signs; placing
183financial responsibility for the removal of such signs;
184providing the department authority to recover costs of
185removal of such signs; creating s. 479.311, F.S.,
186providing jurisdiction to consider claims to recover
187costs; defining the term "venue" for the purposes of a
188claim filed by the department; creating s. 479.312, F.S.;
189providing that costs incurred by the department in
190removing certain signs shall be assessed against certain
191individuals; providing presumption of a ownership;
192creating s. 479.313, F.S.; providing for the assessment of
193the cost of removal for signs following the revocation of
194a sign permit; creating s. 479.315, F.S.; providing for
195the assessment of the cost of removal of signs located
196within a highway right-of-way; amending s. 705.18, F.S.;
197removing provisions for disposal of personal property lost
198or abandoned at certain public-use airports; creating s.
199705.182, F.S.; providing for disposal of personal property
200found on premises owned or controlled by the operator of a
201public-use airport; providing a timeframe for the property
202to be claimed; providing options for disposing of such
203personal property; providing procedures for selling
204abandoned personal property; providing for notice of sale;
205providing that the rightful owner of such property may
206reclaim the property at any time prior to sale; permitting
207airport tenants to establish lost and found procedures;
208providing that purchaser holds title to the property free
209of the rights of persons then holding any legal or
210equitable interest thereto; creating s. 705.183, F.S.;
211providing for disposition of derelict or abandoned
212aircraft on the premises of public-use airports; providing
213procedures for such disposition; requiring a record of
214when the aircraft is found; defining the terms "derelict
215aircraft" and "abandoned aircraft"; providing for
216notification of aircraft owner and all persons having an
217equitable or legal interest in the aircraft; providing for
218notice if the owner of the aircraft is unknown or cannot
219be found; providing for disposition if the aircraft is not
220removed upon payment of required fees; requiring any sale
221of the aircraft to be at a public auction; providing
222notice requirements for such public auction; providing
223procedures for disposal of the aircraft; providing for
224liability if charges and costs related to the disposition
225are more than that obtained from the sale; providing for a
226lien by the airport for fees and charges; providing for
227notice of lien; requiring recording of a claim of lien;
228providing for the form of the claim of lien; providing for
229service of the claim of lien; providing that the purchaser
230of the aircraft takes the property free of rights of
231persons holding legal or equitable interest in the
232aircraft; requiring purchaser or recipient to notify the
233Federal Aviation Administration of change in ownership;
234providing for disposition of moneys received for an
235aircraft sold at public sale; authorizing the airport to
236issue documents relating to the aircraft's disposal;
237creating s. 705.184, F.S.; providing for disposition of
238derelict or abandoned motor vehicles on the premises of
239public-use airports; providing procedures; requiring
240recording of the abandoned motor vehicle; defining the
241terms "derelict motor vehicle" and "abandoned motor
242vehicle"; providing for removal of such motor vehicle from
243airport premises; providing for notice to the owner, the
244company insuring the motor vehicle, and any lienholder;
245providing for disposition if the motor vehicle is not
246removed upon payment of required fees; requiring any sale
247of the motor vehicle to be at a public auction; providing
248notice requirements for such public auction; providing
249procedures for disposal of the motor vehicle; providing
250for a lien by the airport or a licensed independent
251wrecker for fees and charges; providing for notice of
252lien; requiring recording of a claim of lien; providing
253for the form of the claim of lien; providing for service
254of claim of lien; providing that the purchaser of the
255motor vehicle takes the property free of the rights of
256persons holding legal or equitable interest in the motor
257vehicle; amending ss. 163.3180, 288.063, 311.07, 311.09,
258316.515, 336.01, 338.222, 341.8225, 479.07, 479.156, and
259479.261, F.S.; correcting cross-references; providing an
260effective date.
261
262Be It Enacted by the Legislature of the State of Florida:
263
264     Section 1.  Subsection (7) of section 20.23, Florida
265Statutes, as amended by chapter 2009-271, Laws of Florida, is
266renumbered as subsection (8), and a new subsection (7) is added
267to that section to read:
268     20.23  Department of Transportation.-There is created a
269Department of Transportation which shall be a decentralized
270agency.
271     (7)  The department is authorized to continue to grant a
272pay additive of $75 per pay period for law enforcement officers
273assigned to the Office of Motor Carrier Compliance who maintain
274certification by the Commercial Vehicle Safety Alliance.
275     Section 2.  Paragraph (c) of subsection (12) of section
276315.03, Florida Statutes, is repealed.
277     Section 3.  Section 316.2122, Florida Statutes, is amended
278to read:
279     316.2122  Operation of a low-speed vehicle or mini truck on
280certain roadways.-The operation of a low-speed vehicle as
281defined in s. 320.01(42) or a mini truck as defined in s.
282320.01(45) on any road under the jurisdiction of a county or
283municipality or on an urban minor arterial road, determined by
284the Department of Transportation using procedures developed by
285the Federal Highway Administration, under the jurisdiction of
286the Department of Transportation as defined in s. 334.03(15) or
287(33) is authorized with the following restrictions:
288     (1)  A low-speed vehicle or mini truck may be operated only
289on streets where the posted speed limit is 35 miles per hour or
290less. This does not prohibit a low-speed vehicle or mini truck
291from crossing a road or street at an intersection where the road
292or street has a posted speed limit of more than 35 miles per
293hour.
294     (2)  A low-speed vehicle must be equipped with headlamps,
295stop lamps, turn signal lamps, taillamps, reflex reflectors,
296parking brakes, rearview mirrors, windshields, seat belts, and
297vehicle identification numbers.
298     (3)  A low-speed vehicle or mini truck must be registered
299and insured in accordance with s. 320.02 and titled pursuant to
300chapter 319.
301     (4)  Any person operating a low-speed vehicle or mini truck
302must have in his or her possession a valid driver's license.
303     (5)  A county or municipality may prohibit the operation of
304low-speed vehicles or mini trucks on any road under its
305jurisdiction if the governing body of the county or municipality
306determines that such prohibition is necessary in the interest of
307safety.
308     (6)  The Department of Transportation may prohibit the
309operation of low-speed vehicles or mini trucks on any road under
310its jurisdiction if it determines that such prohibition is
311necessary in the interest of safety.
312     Section 4.  Subsection (5) of section 316.535, Florida
313Statutes, is amended to read:
314     316.535  Maximum weights.-
315     (5)  With respect to those highways not in the Interstate
316Highway System, in all cases in which it exceeds state law in
317effect on January 4, 1975, the overall gross weight on the
318vehicle or combination of vehicles, including all enforcement
319tolerances, shall be as determined by the following formula:
320
321
W = 500((LN ÷ (N-1)) + 12N + 36)
322
323where W = overall gross weight of the vehicle to the nearest 500
324pounds; L = distance in feet between the extreme of the external
325axles; and N = number of axles on the vehicle. However, such
326overall gross weight of any vehicle or combination of vehicles
327may not exceed 80,000 pounds including all enforcement
328tolerances. The scale tolerance provided in s. 316.545(2) shall
329be applicable to all weight limitations of this subsection,
330except when a vehicle exceeds the posted weight limit on a road
331or bridge. The scale tolerance provided in s. 316.545(2) shall
332not apply to cranes. Fines for violations of the total gross
333weight limitations provided for in this subsection shall be
334based on the amount by which the actual weight of the vehicle
335and load exceeds the allowable maximum weight determined under
336this subsection plus the scale tolerance provided in s.
337316.545(2).
338     Section 5.  Subsections (2) and (3) of section 316.545,
339Florida Statutes, are amended to read:
340     316.545  Weight and load unlawful; special fuel and motor
341fuel tax enforcement; inspection; penalty; review.-
342     (2)(a)  Whenever an officer, upon weighing a vehicle or
343combination of vehicles with load, determines that the axle
344weight or gross weight is unlawful, the officer may require the
345driver to stop the vehicle in a suitable place and remain
346standing until a determination can be made as to the amount of
347weight thereon and, if overloaded, the amount of penalty to be
348assessed as provided herein. However, any gross weight over and
349beyond 6,000 pounds beyond the maximum herein set shall be
350unloaded and all material so unloaded shall be cared for by the
351owner or operator of the vehicle at the risk of such owner or
352operator. Except as otherwise provided in this chapter, to
353facilitate compliance with and enforcement of the weight limits
354established in s. 316.535, weight tables published pursuant to
355s. 316.535(7) shall include a 10-percent scale tolerance and
356shall thereby reflect the maximum scaled weights allowed any
357vehicle or combination of vehicles. As used in this section,
358scale tolerance means the allowable deviation from legal weights
359established in s. 316.535. Notwithstanding any other provision
360of the weight law, if a vehicle or combination of vehicles does
361not exceed the gross, external bridge, or internal bridge weight
362limits imposed in s. 316.535 and the driver of such vehicle or
363combination of vehicles can comply with the requirements of this
364chapter by shifting or equalizing the load on all wheels or
365axles and does so when requested by the proper authority, the
366driver shall not be held to be operating in violation of said
367weight limits. Any vehicle or combination of vehicles which
368exceeds the gross or external bridge weight limits imposed in s.
369316.535(3), (4), or (6) over and beyond 6,000 pounds shall be
370unloaded and all material so unloaded shall be cared for by the
371owner or operator of the vehicle at the risk of such owner or
372operator. Any vehicle or combination of vehicles which exceeds
373the gross or external bridge weight limits imposed in s.
374316.535(5) shall be unloaded and all material so unloaded shall
375be cared for by the owner or operator of the vehicle at the risk
376of such owner or operator.
377     (b)  The officer shall inspect the license plate or
378registration certificate of the commercial vehicle, as defined
379in s. 316.003(66), to determine if its gross weight is in
380compliance with the declared gross vehicle weight. If its gross
381weight exceeds the declared weight, the penalty shall be 5 cents
382per pound on the difference between such weights. In those cases
383when the commercial vehicle, as defined in s. 316.003(66), is
384being operated over the highways of the state with an expired
385registration or with no registration from this or any other
386jurisdiction or is not registered under the applicable
387provisions of chapter 320, the penalty herein shall apply on the
388basis of 5 cents per pound on that scaled weight which exceeds
38935,000 pounds on laden truck tractor-semitrailer combinations or
390tandem trailer truck combinations, 10,000 pounds on laden
391straight trucks or straight truck-trailer combinations, or
39210,000 pounds on any unladen commercial motor vehicle. If the
393license plate or registration has not been expired for more than
39490 days, the penalty imposed under this paragraph may not exceed
395$1,000. In the case of special mobile equipment as defined in s.
396316.003(48), which qualifies for the license tax provided for in
397s. 320.08(5)(b), being operated on the highways of the state
398with an expired registration or otherwise not properly
399registered under the applicable provisions of chapter 320, a
400penalty of $75 shall apply in addition to any other penalty
401which may apply in accordance with this chapter. A vehicle found
402in violation of this section may be detained until the owner or
403operator produces evidence that the vehicle has been properly
404registered. Any costs incurred by the retention of the vehicle
405shall be the sole responsibility of the owner. A person who has
406been assessed a penalty pursuant to this paragraph for failure
407to have a valid vehicle registration certificate pursuant to the
408provisions of chapter 320 is not subject to the delinquent fee
409authorized in s. 320.07 if such person obtains a valid
410registration certificate within 10 working days after such
411penalty was assessed.
412     (c)  Weight limits established and posted for a road or
413bridge pursuant to s. 316.555 and weight limits specified in
414special permits issued pursuant to s. 316.550 shall be deemed to
415include all allowable tolerances. In those cases when a vehicle
416or combination of vehicles exceeds the weight limits established
417and posted for a road or bridge pursuant to s. 316.555, or
418exceeds the weight limits permitted in a special permit issued
419pursuant to s. 316.550, the penalty shall be 5 cents per pound
420on the difference between the scale weight of the vehicle and
421the weight limits for such posted road or bridge or permitted in
422such special permit. However, if a special permit is declared
423invalid in accordance with rules promulgated pursuant to s.
424316.550, the penalties imposed in subsection (3) shall apply to
425those weights which exceed the limits established in s. 316.535.
426     (3)  Any person who violates the overloading provisions of
427this chapter shall be conclusively presumed to have damaged the
428highways of this state by reason of such overloading, which
429damage is hereby fixed as follows:
430     (a)  When the excess weight is 200 pounds or less than the
431maximum herein provided, the penalty shall be $10;
432     (b)  Five cents per pound for each pound of weight in
433excess of the maximum herein provided when the excess weight
434exceeds 200 pounds. However, whenever the gross weight of the
435vehicle or combination of vehicles does not exceed the maximum
436allowable gross weight, the maximum fine for the first 600
437pounds of unlawful axle weight shall be $10;
438     (c)  For a vehicle equipped with fully functional idle-
439reduction technology, any penalty shall be calculated by
440reducing the actual gross vehicle weight or the internal bridge
441weight by the certified weight of the idle-reduction technology
442or by 400 pounds, whichever is less. The vehicle operator must
443present written certification of the weight of the idle-
444reduction technology and must demonstrate or certify that the
445idle-reduction technology is fully functional at all times. This
446calculation is not allowed for vehicles described in s.
447316.535(6);
448     (d)(c)  An apportioned motor vehicle, as defined in s.
449320.01, operating on the highways of this state without being
450properly licensed and registered shall be subject to the
451penalties as herein provided; and
452     (e)(d)  Vehicles operating on the highways of this state
453from nonmember International Registration Plan jurisdictions
454which are not in compliance with the provisions of s. 316.605
455shall be subject to the penalties as herein provided.
456     Section 6.  Subsection (7) of section 318.18, Florida
457Statutes, is amended to read:
458     318.18  Amount of penalties.-The penalties required for a
459noncriminal disposition pursuant to s. 318.14 or a criminal
460offense listed in s. 318.17 are as follows:
461     (7)  Mandatory $100 fine for each violation of s. 316.1001
462plus the amount of the unpaid toll shown on the traffic citation
463for each citation issued. The clerk of the court shall forward
464$25 of the $100 fine received, plus the amount of the unpaid
465toll that is shown on the citation, to the governmental entity
466that issued the citation for citations issued by toll
467enforcement officers or to the entity administering the tolls at
468the facility where the violation occurred for citations issued
469by law enforcement officers. However, a person may elect to pay
470$30 to the clerk of the court, plus the amount of the unpaid
471toll that is shown on the citation, in which case adjudication
472is withheld, and no points are assessed under s. 322.27. Upon
473receipt of the $30 and unpaid toll amount, the clerk of the
474court shall retain $5 for administrative purposes and shall
475forward the remaining $25, plus the amount of the unpaid toll
476shown on the citation, to the governmental entity that issued
477the citation for citations issued by toll enforcement officers
478or to the entity administering the tolls at the facility where
479the violation occurred for citations issued by law enforcement
480officers. Additionally, adjudication shall be withheld and no
481points shall be assessed under s. 322.27, except when
482adjudication is imposed by the court after a hearing pursuant to
483s. 318.14(5), or on whose behalf the citation was issued. If a
484plea arrangement is reached prior to the date set for a
485scheduled evidentiary hearing and, as a result of the plea,
486adjudication is withheld, there shall be a mandatory fine
487assessed per citation of not less than $50 and not more than
488$100, plus the amount of the unpaid toll for each citation
489issued. The clerk of the court shall forward $25 of the fine
490imposed plus the amount of the unpaid toll that is shown on the
491citation to the governmental entity that issued the citation for
492citations issued by toll enforcement officers or to the entity
493administering the tolls at the facility where the violation
494occurred for citations issued by law enforcement officers or on
495whose behalf the citation was issued. The court shall have
496specific authority to consolidate issued citations for the same
497defendant for the purpose of sentencing and aggregate
498jurisdiction. In addition, the department shall suspend for 60
499days the driver's license of a person who is convicted of 10
500violations of s. 316.1001 within a 36-month period. Any funds
501received by a governmental entity for this violation may be used
502for any lawful purpose related to the operation or maintenance
503of a toll facility.
504     Section 7.  Paragraph (b) of subsection (32) of section
505320.08058, Florida Statutes, is amended to read:
506     320.08058  Specialty license plates.-
507     (32)  UNITED WE STAND LICENSE PLATES.-
508     (b)  The department shall retain all revenues from the sale
509of such plates until all startup costs for developing and
510issuing the plates have been recovered. Thereafter, 100 percent
511of the annual use fee shall be distributed to the Department of
512Transportation to fund security-related aviation projects
513pursuant to chapter 332 SAFE Council to fund a grant program to
514enhance security at airports throughout the state, pursuant to
515s. 332.14.
516     Section 8.  Paragraph (d) of subsection (3) of section
517322.27, Florida Statutes, is amended to read:
518     322.27  Authority of department to suspend or revoke
519license.-
520     (3)  There is established a point system for evaluation of
521convictions of violations of motor vehicle laws or ordinances,
522and violations of applicable provisions of s. 403.413(6)(b) when
523such violations involve the use of motor vehicles, for the
524determination of the continuing qualification of any person to
525operate a motor vehicle. The department is authorized to suspend
526the license of any person upon showing of its records or other
527good and sufficient evidence that the licensee has been
528convicted of violation of motor vehicle laws or ordinances, or
529applicable provisions of s. 403.413(6)(b), amounting to 12 or
530more points as determined by the point system. The suspension
531shall be for a period of not more than 1 year.
532     (d)  The point system shall have as its basic element a
533graduated scale of points assigning relative values to
534convictions of the following violations:
535     1.  Reckless driving, willful and wanton-4 points.
536     2.  Leaving the scene of a crash resulting in property
537damage of more than $50-6 points.
538     3.  Unlawful speed resulting in a crash-6 points.
539     4.  Passing a stopped school bus-4 points.
540     5.  Unlawful speed:
541     a.  Not in excess of 15 miles per hour of lawful or posted
542speed-3 points.
543     b.  In excess of 15 miles per hour of lawful or posted
544speed-4 points.
545     6.  A violation of a traffic control signal device as
546provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
547     7.  All other moving violations (including parking on a
548highway outside the limits of a municipality)-3 points. However,
549no points shall be imposed for a violation of s. 316.0741 or s.
550316.2065(12); and points shall be imposed for a violation of s.
551316.1001 only when imposed by the court after a hearing pursuant
552to s. 318.14(5).
553     8.  Any moving violation covered above, excluding unlawful
554speed, resulting in a crash-4 points.
555     9.  Any conviction under s. 403.413(6)(b)-3 points.
556     10.  Any conviction under s. 316.0775(2)-4 points.
557     Section 9.  Section 332.14, Florida Statutes, is repealed.
558     Section 10.  All funds accrued by the Secure Airports for
559Florida's Economy Council prior to July 1, 2010, shall be
560retained by the Department of Transportation. The Department of
561Transportation is authorized to use these funds for statewide
562training purposes relating to airport security and management.
563The Department of Transportation is further authorized to use
564these funds for security-related aviation projects pursuant to
565chapter 332, Florida Statutes.
566     Section 11.  Section 334.03, Florida Statutes, is amended
567to read:
568     334.03  Definitions.-When used in the Florida
569Transportation Code, the term:
570     (1)  "Arterial road" means a route providing service which
571is relatively continuous and of relatively high traffic volume,
572long average trip length, high operating speed, and high
573mobility importance. In addition, every United States numbered
574highway is an arterial road.
575     (1)(2)  "Bridge" means a structure, including supports,
576erected over a depression or an obstruction, such as water or a
577highway or railway, and having a track or passageway for
578carrying traffic as defined in chapter 316 or other moving
579loads.
580     (2)(3)  "City street system" means all local roads within a
581municipality that were under the jurisdiction of that
582municipality on June 10, 1995; roads transferred to the
583municipality's jurisdiction after that date by mutual consent
584with another governmental entity, but not including roads so
585transferred from the municipality's jurisdiction; and roads
586constructed by a municipality for its street system, and all
587collector roads inside that municipality, which are not in the
588county road system.
589     (4)  "Collector road" means a route providing service which
590is of relatively moderate average traffic volume, moderately
591average trip length, and moderately average operating speed.
592Such a route also collects and distributes traffic between local
593roads or arterial roads and serves as a linkage between land
594access and mobility needs.
595     (3)(5)  "Commissioners" means the governing body of a
596county.
597     (4)(6)  "Consolidated metropolitan statistical area" means
598two or more metropolitan statistical areas that are socially and
599economically interrelated as defined by the United States Bureau
600of the Census.
601     (5)(7)  "Controlled access facility" means a street or
602highway to which the right of access is highly regulated by the
603governmental entity having jurisdiction over the facility in
604order to maximize the operational efficiency and safety of the
605high-volume through traffic utilizing the facility. Owners or
606occupants of abutting lands and other persons have a right of
607access to or from such facility at such points only and in such
608manner as may be determined by the governmental entity.
609     (6)(8)  "County road system" means all roads within a
610county which were under the jurisdiction of that county on June
61110, 1995; roads transferred to the county's jurisdiction after
612that date by mutual consent with another governmental entity,
613but not including roads so transferred from the county's
614jurisdiction; and roads constructed by a county for that
615county's road system collector roads in the unincorporated areas
616of a county and all extensions of such
617through any incorporated areas, all
618unincorporated areas, and all urban minor
619the State Highway System.
620     (7)(9)  "Department" means the Department of
621Transportation.
622     (8)(10)  "Florida Intrastate Highway System" means a system
623of limited access and controlled access facilities on the State
624Highway System which have the capacity to provide high-speed and
625high-volume traffic movements in an efficient and safe manner.
626     (9)(11)  "Functional classification" means the assignment
627of roads into systems according to the character of service they
628provide in relation to the total road network using procedures
629developed by the Federal Highway Administration. Basic
630functional categories include arterial roads, collector roads,
631and local roads which may be subdivided into principal, major,
632or minor levels. Those levels may be additionally divided into
633rural and urban categories.
634     (10)(12)  "Governmental entity" means a unit of government,
635or any officially designated public agency or authority of a
636unit of government, that has the responsibility for planning,
637construction, operation, or maintenance or jurisdiction over
638transportation facilities; the term includes the Federal
639Government, the state government, a county, an incorporated
640municipality, a metropolitan planning organization, an
641expressway or transportation authority, a road and bridge
642district, a special road and bridge district, and a regional
643governmental unit.
644     (11)(13)  "Limited access facility" means a street or
645highway especially designed for through traffic, and over, from,
646or to which owners or occupants of abutting land or other
647persons have no right or easement of access, light, air, or view
648by reason of the fact that their property abuts upon such
649limited access facility or for any other reason. Such highways
650or streets may be facilities from which trucks, buses, and other
651commercial vehicles are excluded; or they may be facilities open
652to use by all customary forms of street and highway traffic.
653     (12)(14)  "Local governmental entity" means a unit of
654government with less than statewide jurisdiction, or any
655officially designated public agency or authority of such a unit
656of government, that has the responsibility for planning,
657construction, operation, or maintenance of, or jurisdiction
658over, a transportation facility; the term includes, but is not
659limited to, a county, an incorporated municipality, a
660metropolitan planning organization, an expressway or
661transportation authority, a road and bridge district, a special
662road and bridge district, and a regional governmental unit.
663     (15)  "Local road" means a route providing service which is
664of relatively low average traffic volume, short average trip
665length or minimal through-traffic movements, and high land
666access for abutting property.
667     (13)(16)  "Metropolitan area" means a geographic region
668comprising as a minimum the existing urbanized area and the
669contiguous area projected to become urbanized within a 20-year
670forecast period. The boundaries of a metropolitan area may be
671designated so as to encompass a metropolitan statistical area or
672a consolidated metropolitan statistical area. If a metropolitan
673area, or any part thereof, is located within a nonattainment
674area, the boundaries of the metropolitan area must be designated
675so as to include the boundaries of the entire nonattainment
676area, unless otherwise provided by agreement between the
677applicable metropolitan planning organization and the Governor.
678     (14)(17)  "Metropolitan statistical area" means an area
679that includes a municipality of 50,000 persons or more, or an
680urbanized area of at least 50,000 persons as defined by the
681United States Bureau of the Census, provided that the component
682county or counties have a total population of at least 100,000.
683     (15)(18)  "Nonattainment area" means an area designated by
684the United States Environmental Protection Agency, pursuant to
685federal law, as exceeding national primary or secondary ambient
686air quality standards for the pollutants carbon monoxide or
687ozone.
688     (16)(19)  "Periodic maintenance" means activities that are
689large in scope and require a major work effort to restore
690deteriorated components of the transportation system to a safe
691and serviceable condition, including, but not limited to, the
692repair of large bridge structures, major repairs to bridges and
693bridge systems, and the mineral sealing of lengthy sections of
694roadway.
695     (17)(20)  "Person" means any person described in s. 1.01 or
696any unit of government in or outside the state.
697     (18)(21)  "Right of access" means the right of ingress to a
698highway from abutting land and egress from a highway to abutting
699land.
700     (19)(22)  "Right-of-way" means land in which the state, the
701department, a county, or a municipality owns the fee or has an
702easement devoted to or required for use as a transportation
703facility.
704     (20)(23)  "Road" means a way open to travel by the public,
705including, but not limited to, a street, highway, or alley. The
706term includes associated sidewalks, the roadbed, the right-of-
707way, and all culverts, drains, sluices, ditches, water storage
708areas, waterways, embankments, slopes, retaining walls, bridges,
709tunnels, and viaducts necessary for the maintenance of travel
710and all ferries used in connection therewith.
711     (21)(24)  "Routine maintenance" means minor repairs and
712associated tasks necessary to maintain a safe and efficient
713transportation system. The term includes: pavement patching;
714shoulder repair; cleaning and repair of drainage ditches,
715traffic signs, and structures; mowing; bridge inspection and
716maintenance; pavement striping; litter cleanup; and other
717similar activities.
718     (22)(25)  "State Highway System" means the following, which
719shall be facilities to which access is regulated:
720     (a)  the interstate system and all other roads within the
721state which were under the jurisdiction of the state on June 10,
7221995; roads transferred to the state's jurisdiction after that
723date by mutual consent with another governmental entity, but not
724including roads so transferred from the state's jurisdiction;
725and roads constructed by an agency of the state for the State
726Highway System. These facilities shall be facilities to which
727access is regulated.;
728     (b)  All rural arterial routes and their extensions into
729and through urban areas;
730     (c)  All urban principal arterial routes; and
731     (d)  The urban minor arterial mileage on the existing State
732Highway System as of July 1, 1987, plus additional mileage to
733comply with the 2-percent requirement as described below.
734
735However, not less than 2 percent of the public road mileage of
736each urbanized area on record as of June 30, 1986, shall be
737included as minor arterials in the State Highway System.
738Urbanized areas not meeting the foregoing minimum requirement
739shall have transferred to the State Highway System additional
740minor arterials of the highest significance in which case the
741total minor arterials in the State Highway System from any
742urbanized area shall not exceed 2.5 percent of that area's total
743public urban road mileage.
744     (23)(26)  "State Park Road System" means roads embraced
745within the boundaries of state parks and state roads leading to
746state parks, other than roads of the State Highway System, the
747county road systems, or the city street systems.
748     (24)(27)  "State road" means a street, road, highway, or
749other way open to travel by the public generally and dedicated
750to the public use according to law or by prescription and
751designated by the department, as provided by law, as part of the
752State Highway System.
753     (25)(28)  "Structure" means a bridge, viaduct, tunnel,
754causeway, approach, ferry slip, culvert, toll plaza, gate, or
755other similar facility used in connection with a transportation
756facility.
757     (26)(29)  "Sufficiency rating" means the objective rating
758of a road or section of a road for the purpose of determining
759its capability to serve properly the actual or anticipated
760volume of traffic using the road.
761     (27)(30)  "Transportation corridor" means any land area
762designated by the state, a county, or a municipality which is
763between two geographic points and which area is used or suitable
764for the movement of people and goods by one or more modes of
765transportation, including areas necessary for management of
766access and securing applicable approvals and permits.
767Transportation corridors shall contain, but are not limited to,
768the following:
769     (a)  Existing publicly owned rights-of-way;
770     (b)  All property or property interests necessary for
771future transportation facilities, including rights of access,
772air, view, and light, whether public or private, for the purpose
773of securing and utilizing future transportation rights-of-way,
774including, but not limited to, any lands reasonably necessary
775now or in the future for securing applicable approvals and
776permits, borrow pits, drainage ditches, water retention areas,
777rest areas, replacement access for landowners whose access could
778be impaired due to the construction of a future facility, and
779replacement rights-of-way for relocation of rail and utility
780facilities.
781     (28)(31)  "Transportation facility" means any means for the
782transportation of people or property from place to place which
783is constructed, operated, or maintained in whole or in part from
784public funds. The term includes the property or property rights,
785both real and personal, which have been or may be established by
786public bodies for the transportation of people or property from
787place to place.
788     (29)(32)  "Urban area" means a geographic region comprising
789as a minimum the area inside the United States Bureau of the
790Census boundary of an urban place with a population of 5,000 or
791more persons, expanded to include adjacent developed areas as
792provided for by Federal Highway Administration regulations.
793     (33)  "Urban minor arterial road" means a route that
794generally interconnects with and augments an urban principal
795arterial road and provides service to trips of shorter length
796and a lower level of travel mobility. The term includes all
797arterials not classified as "principal" and contain facilities
798that place more emphasis on land access than the higher system.
799     (30)(34)  "Urban place" means a geographic region composed
800of one or more contiguous census tracts that have been found by
801the United States Bureau of the Census to contain a population
802density of at least 1,000 persons per square mile.
803     (35)  "Urban principal arterial road" means a route that
804generally serves the major centers of activity of an urban area,
805the highest traffic volume corridors, and the longest trip
806purpose and carries a high proportion of the total urban area
807travel on a minimum of mileage. Such roads are integrated, both
808internally and between major rural connections.
809     (31)(36)  "Urbanized area" means a geographic region
810comprising as a minimum the area inside an urban place of 50,000
811or more persons, as designated by the United States Bureau of
812the Census, expanded to include adjacent developed areas as
813provided for by Federal Highway Administration regulations.
814Urban areas with a population of fewer than 50,000 persons which
815are located within the expanded boundary of an urbanized area
816are not separately recognized.
817     (32)(37)  "511" or "511 services" means three-digit
818telecommunications dialing to access interactive voice response
819telephone traveler information services provided in the state as
820defined by the Federal Communications Commission in FCC Order
821No. 00-256, July 31, 2000.
822     (33)(38)  "Interactive voice response" means a software
823application that accepts a combination of voice telephone input
824and touch-tone keypad selection and provides appropriate
825responses in the form of voice, fax, callback, e-mail, and other
826media.
827     Section 12.  Subsections (11) and (13) of section 334.044,
828Florida Statutes, are amended to read:
829     334.044  Department; powers and duties.-The department
830shall have the following general powers and duties:
831     (11)  To establish a numbering system for public roads and,
832to functionally classify such roads, and to assign
833jurisdictional responsibility.
834     (13)  To designate existing and to plan proposed
835transportation facilities as part of the State Highway System,
836and to construct, maintain, and operate such facilities.
837     Section 13.  Section 334.047, Florida Statutes, is amended
838to read:
839     334.047  Prohibition.-Notwithstanding any other provision
840of law to the contrary, the Department of Transportation may not
841establish a cap on the number of miles in the State Highway
842System or a maximum number of miles of urban principal arterial
843roads, as defined in s. 334.03, within a district or county.
844     Section 14.  Subsection (1) of section 337.14, Florida
845Statutes, is amended to read:
846     337.14  Application for qualification; certificate of
847qualification; restrictions; request for hearing.-
848     (1)  Any person desiring to bid for the performance of any
849construction contract in excess of $250,000 which the department
850proposes to let must first be certified by the department as
851qualified pursuant to this section and rules of the department.
852The rules of the department shall address the qualification of
853persons to bid on construction contracts in excess of $250,000
854and shall include requirements with respect to the equipment,
855past record, experience, financial resources, and organizational
856personnel of the applicant necessary to perform the specific
857class of work for which the person seeks certification. The
858department is authorized to limit the dollar amount of any
859contract upon which a person is qualified to bid or the
860aggregate total dollar volume of contracts such person is
861allowed to have under contract at any one time. Each applicant
862seeking qualification to bid on construction contracts in excess
863of $250,000 shall furnish the department a statement under oath,
864on such forms as the department may prescribe, setting forth
865detailed information as required on the application. Each
866application for certification shall be accompanied by the latest
867annual financial statement of the applicant completed within the
868last 12 months. If the application or the annual financial
869statement shows the financial condition of the applicant more
870than 4 months prior to the date on which the application is
871received by the department, then an interim financial statement
872must also be submitted and be accompanied by an updated
873application. The interim financial statement must cover the
874period from the end date of the annual statement and must show
875the financial condition of the applicant no more than 4 months
876prior to the date the interim financial statement on which the
877application is received by the department. Each required annual
878or interim financial statement must be audited and accompanied
879by the opinion of a certified public accountant or a public
880accountant approved by the department. The information required
881by this subsection is confidential and exempt from the
882provisions of s. 119.07(1). The department shall act upon the
883application for qualification within 30 days after the
884department determines that the application is complete. The
885department may waive the requirements of this subsection for
886projects having a contract price of $500,000 or less if the
887department determines that the project is of a noncritical
888nature and the waiver will not endanger public health, safety,
889or property.
890     Section 15.  Subsection (1) of section 337.401, Florida
891Statutes, is amended to read:
892     337.401  Use of right-of-way for utilities subject to
893regulation; permit; fees.-
894     (1)(a)  The department and local governmental entities,
895referred to in ss. 337.401-337.404 as the "authority," that have
896jurisdiction and control of public roads or publicly owned rail
897corridors are authorized to prescribe and enforce reasonable
898rules or regulations with reference to the placing and
899maintaining along, across, or on any road or publicly owned rail
900corridors under their respective jurisdictions any electric
901transmission, telephone, telegraph, or other communications
902services lines; pole lines; poles; railways; ditches; sewers;
903water, heat, or gas mains; pipelines; fences; gasoline tanks and
904pumps; or other structures referred to in this section as the
905"utility." For aerial and underground electric utility
906transmission lines designed to operate at 69 or more kilovolts
907that are needed to accommodate the additional electrical
908transfer capacity on the transmission grid resulting from new
909base-load generating facilities, where there is no other
910practicable alternative available for placement of the electric
911utility transmission lines on the department's rights-of-way,
912the department's rules shall provide for placement of and access
913to such transmission lines adjacent to and within the right-of-
914way of any department-controlled public roads, including
915longitudinally within limited access facilities to the greatest
916extent allowed by federal law, if compliance with the standards
917established by such rules is achieved. Such rules may include,
918but need not be limited to, that the use of the right-of-way is
919reasonable based upon a consideration of economic and
920environmental factors, including, without limitation, other
921practicable alternative alignments, utility corridors and
922easements, impacts on adjacent property owners, and minimum
923clear zones and other safety standards, and further provide that
924placement of the electric utility transmission lines within the
925department's right-of-way does not interfere with operational
926requirements of the transportation facility or planned or
927potential future expansion of such transportation facility. If
928the department approves longitudinal placement of electric
929utility transmission lines in limited access facilities,
930compensation for the use of the right-of-way is required. Such
931consideration or compensation paid by the electric utility in
932connection with the department's issuance of a permit does not
933create any property right in the department's property
934regardless of the amount of consideration paid or the
935improvements constructed on the property by the utility. Upon
936notice by the department that the property is needed for
937expansion or improvement of the transportation facility, the
938electric utility transmission line will relocate from the
939facility at the electric utility's sole expense. The electric
940utility shall pay to the department reasonable damages resulting
941from the utility's failure or refusal to timely relocate its
942transmission lines. The rules to be adopted by the department
943may also address the compensation methodology and relocation. As
944used in this subsection, the term "base-load generating
945facilities" means electric power plants that are certified under
946part II of chapter 403. The department may enter into a permit-
947delegation agreement with a governmental entity if issuance of a
948permit is based on requirements that the department finds will
949ensure the safety and integrity of facilities of the Department
950of Transportation; however, the permit-delegation agreement does
951not apply to facilities of electric utilities as defined in s.
952366.02(2).
953     (b)  For aerial and underground electric utility
954transmission lines designed to operate at 69 or more kilovolts
955that are needed to accommodate the additional electrical
956transfer capacity on the transmission grid resulting from new
957base-load generating facilities, the department's rules shall
958provide for placement of and access to such transmission lines
959adjacent to and within the right-of-way of any department-
960controlled public roads, including longitudinally within limited
961access facilities where there is no other practicable
962alternative available, to the greatest extent allowed by federal
963law, if compliance with the standards established by such rules
964is achieved. Such rules may include, but need not be limited to,
965that the use of the limited access right-of-way for longitudinal
966placement of electric utility transmission lines is reasonable
967based upon a consideration of economic and environmental
968factors, including, without limitation, other practicable
969alternative alignments, utility corridors and easements, impacts
970on adjacent property owners, and minimum clear zones and other
971safety standards, and further provide that placement of the
972electric utility transmission lines within the department's
973right-of-way does not interfere with operational requirements of
974the transportation facility or planned or potential future
975expansion of such transportation facility. If the department
976approves longitudinal placement of electric utility transmission
977lines in limited access facilities, compensation for the use of
978the right-of-way is required. Such consideration or compensation
979paid by the electric utility in connection with the department's
980issuance of a permit does not create any property right in the
981department's property regardless of the amount of consideration
982paid or the improvements constructed on the property by the
983utility. Upon notice by the department that the property is
984needed for expansion or improvement of the transportation
985facility, the electric utility transmission line will relocate
986at the electric utility's sole expense. The electric utility
987shall pay to the department reasonable damages resulting from
988the utility's failure or refusal to timely relocate its
989transmission lines. The rules to be adopted by the department
990may also address the compensation methodology and relocation. As
991used in this subsection, the term "base-load generating
992facilities" means electric power plants that are certified under
993part II of chapter 403.
994     Section 16.  Subsection (1) of section 338.155, Florida
995Statutes, is amended to read:
996     338.155  Payment of toll on toll facilities required;
997exemptions.-
998     (1)  No persons are permitted to use any toll facility
999without payment of tolls, except employees of the agency
1000operating the toll project when using the toll facility on
1001official state business, state military personnel while on
1002official military business, handicapped persons as provided in
1003this section, persons exempt from toll payment by the
1004authorizing resolution for bonds issued to finance the facility,
1005and persons exempt on a temporary basis where use of such toll
1006facility is required as a detour route. Any law enforcement
1007officer operating a marked official vehicle is exempt from toll
1008payment when on official law enforcement business. Any person
1009operating a fire vehicle when on official business or a rescue
1010vehicle when on official business is exempt from toll payment.
1011Any person participating in the funeral procession of a law
1012enforcement officer or firefighter killed in the line of duty is
1013exempt from toll payment. The secretary, or the secretary's
1014designee, may suspend the payment of tolls on a toll facility
1015when necessary to assist in emergency evacuation. The failure to
1016pay a prescribed toll constitutes a noncriminal traffic
1017infraction, punishable as a moving violation pursuant to s.
1018318.18. The department is authorized to adopt rules relating to
1019the payment, collection, and enforcement of tolls, including,
1020but not limited to, rules for the implementation of video or
1021other image billing and variable pricing guaranteed toll
1022accounts.
1023     Section 17.  Paragraph (q) is added to subsection (2) of
1024section 343.64, Florida Statutes, to read:
1025     343.64  Powers and duties.-
1026     (2)  The authority may exercise all powers necessary,
1027appurtenant, convenient, or incidental to the carrying out of
1028the aforesaid purposes, including, but not limited to, the
1029following rights and powers:
1030     (q)  Notwithstanding s. 343.65, to borrow money in a
1031principal amount not to exceed $10 million in any calendar year
1032to refinance all or part of the costs or obligations of the
1033authority, including, but not limited to, obligations of the
1034authority as a lessee under a lease.
1035     Section 18.  Subsection (3) of section 348.51, Florida
1036Statutes, is amended to read:
1037     348.51  Definitions.-The following terms whenever used or
1038referred to in this part shall have the following meanings,
1039except in those instances where the context clearly indicates
1040otherwise:
1041     (3)  "Bonds" means and includes the notes, bonds, refunding
1042bonds, or other evidences of indebtedness or obligations, in
1043either temporary or definitive form, which of the authority is
1044authorized to issue issued pursuant to this part.
1045     Section 19.  Section 348.545, Florida Statutes, is amended
1046to read:
1047     348.545  Facility improvement; bond financing authority.-
1048Pursuant to s. 11(f), Art. VII of the State Constitution, the
1049Legislature hereby approves for bond financing by the Tampa-
1050Hillsborough County Expressway Authority improvements to toll
1051collection facilities, interchanges to the legislatively
1052approved expressway system, and any other facility appurtenant,
1053necessary, or incidental to the approved system. Subject to
1054terms and conditions of applicable revenue bond resolutions and
1055covenants, such costs financing may be financed in whole or in
1056part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1057whether currently issued or issued in the future, or by a
1058combination of such bonds.
1059     Section 20.  Subsections (1) and (2) of section 348.56,
1060Florida Statutes, are amended to read:
1061     348.56  Bonds of the authority.-
1062     (1)(a)  Bonds may be issued on behalf of the authority
1063pursuant to the State Bond Act.
1064     (b)  Alternatively, the authority shall have the power and
1065is hereby authorized from time to time to issue bonds in such
1066principal amount as, in the opinion of the authority, shall be
1067necessary to provide sufficient moneys for achieving its
1068corporate purposes, including construction, reconstruction,
1069improvement, extension, repair, maintenance and operation of the
1070expressway system, the cost of acquisition of all real property,
1071interest on bonds during construction and for a reasonable
1072period thereafter, establishment of reserves to secure bonds,
1073and all other expenditures of the authority incident to and
1074necessary or convenient to carry out its corporate purposes and
1075powers.
1076     (2)(a)  Bonds issued by the authority pursuant to paragraph
1077(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1078the members of the authority and shall bear such date or dates,
1079mature at such time or times, not exceeding 40 years from their
1080respective dates, bear interest at such rate or rates, not
1081exceeding the maximum rate fixed by general law for authorities,
1082be in such denominations, be in such form, either coupon or
1083fully registered, carry such registration, exchangeability and
1084interchangeability privileges, be payable in such medium of
1085payment and at such place or places, be subject to such terms of
1086redemption and be entitled to such priorities of lien on the
1087revenues, other available moneys, and the Hillsborough County
1088gasoline tax funds as such resolution or any resolution
1089subsequent thereto may provide. The bonds shall be executed
1090either by manual or facsimile signature by such officers as the
1091authority shall determine, provided that such bonds shall bear
1092at least one signature which is manually executed thereon. The
1093coupons attached to such bonds shall bear the facsimile
1094signature or signatures of such officer or officers as shall be
1095designated by the authority. Such bonds shall have the seal of
1096the authority affixed, imprinted, reproduced, or lithographed
1097thereon.
1098     (b)  The bonds issued pursuant to paragraph (1)(a) or
1099paragraph (1)(b) shall be sold at public sale in the same manner
1100provided in the State Bond Act, and the net interest cost to the
1101authority on such bonds shall not exceed the maximum rate fixed
1102by general law for authorities. If all bids received on the
1103public sale are rejected, the authority may then proceed to
1104negotiate for the sale of the bonds at a net interest cost which
1105shall be less than the lowest net interest cost stated in the
1106bids rejected at the public sale. However, if the authority
1107determines, by official action at a public meeting, that a
1108negotiated sale of such bonds is in the best interest of the
1109authority, the authority may negotiate the sale of such bonds
1110with the underwriter or underwriters designated by the authority
1111and the Division of Bond Finance within the State Board of
1112Administration with respect to bonds issued pursuant to
1113paragraph (1)(a) or solely by the authority with respect to
1114bonds issued pursuant to paragraph (1)(b). The authority's
1115determination to negotiate the sale of such bonds may be based,
1116in part, upon the written advice of the authority's financial
1117adviser. Pending the preparation of definitive bonds, temporary
1118bonds or interim certificates may be issued to the purchaser or
1119purchasers of such bonds and may contain such terms and
1120conditions as the authority may determine.
1121     Section 21.  Section 348.565, Florida Statutes, is amended
1122to read:
1123     348.565  Revenue bonds for specified projects.-The existing
1124facilities that constitute the Tampa-Hillsborough County
1125Expressway System are hereby approved to be refinanced by the
1126issuance of revenue bonds issued by the Division of Bond Finance
1127of the State Board of Administration pursuant to s. 11(f), Art.
1128VII of the State Constitution and the State Bond Act or by
1129revenue bonds issued by the authority pursuant to s.
1130348.56(1)(b). In addition, the following projects of the Tampa-
1131Hillsborough County Expressway Authority are approved to be
1132financed or refinanced by the issuance of revenue bonds in
1133accordance with this part and pursuant to s. 11(f), Art. VII of
1134the State Constitution:
1135     (1)  Brandon area feeder roads.
1136     (2)  Capital improvements to the expressway system,
1137including safety and operational improvements and toll
1138collection equipment.
1139     (3)  Lee Roy Selmon Crosstown Expressway System widening.
1140     (4)  The connector highway linking the Lee Roy Selmon
1141Crosstown Expressway to Interstate 4.
1142     Section 22.  Subsection (1) of section 348.57, Florida
1143Statutes, is amended to read:
1144     348.57  Refunding bonds.-
1145     (1)  Subject to public notice as provided in s. 348.54, the
1146authority is authorized to provide by resolution for the
1147issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1148for the purpose of refunding any bonds then outstanding
1149regardless of whether the bonds being refunded were issued by
1150the authority pursuant to this chapter or on behalf of the
1151authority pursuant to the State Bond Act. The authority is
1152further authorized to provide by resolution for the issuance of
1153bonds for the combined purpose of:
1154     (a)  Paying the cost of constructing, reconstructing,
1155improving, extending, repairing, maintaining and operating the
1156expressway system.
1157     (b)  Refunding bonds then outstanding. The authorization,
1158sale and issuance of such obligations, the maturities and other
1159details thereof, the rights and remedies of the holders thereof,
1160and the rights, powers, privileges, duties and obligations of
1161the authority with respect to the same shall be governed by the
1162foregoing provisions of this part insofar as the same may be
1163applicable.
1164     Section 23.  Section 348.70, Florida Statutes, is amended
1165to read:
1166     348.70  This part complete and additional authority.-
1167     (1)  The powers conferred by this part shall be in addition
1168and supplemental to the existing respective powers of the
1169authority, the department, the county, and the city, if any, and
1170this part shall not be construed as repealing any of the
1171provisions of any other law, general, special, or local, but
1172shall be deemed to supersede such other law or laws in the
1173exercise of the powers provided in this part insofar as such
1174other law or laws are inconsistent with the provisions of this
1175part and to provide a complete method for the exercise of the
1176powers granted herein. The construction, reconstruction,
1177improvement, extension, repair, maintenance, and operation of
1178the expressway system, and the issuance of bonds hereunder to
1179finance all or part of the cost thereof, may be accomplished
1180upon compliance with the provisions of this part without regard
1181to or necessity for compliance with the provisions, limitations,
1182or restrictions contained in any other general, special, or
1183local law, including, but not limited to, s. 215.821, and no
1184approval of any bonds issued under this part by the qualified
1185electors or qualified electors who are freeholders in the state
1186or in the county or in the city or in any other political
1187subdivision of the state shall be required for the issuance of
1188such bonds.
1189     (2)  This part does not repeal, rescind, or modify any
1190other law or laws relating to the State Board of Administration,
1191the Department of Transportation, or the Division of Bond
1192Finance of the State Board of Administration, but shall
1193supersede such other law or laws as are inconsistent with the
1194provisions of this part, including, but not limited to, s.
1195215.821.
1196     Section 24.  Part XI of chapter 348, Florida Statutes,
1197consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1198348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1199348.9960, 348.9961, 348.9962, 348.9963, 348.9964, 348.9965,
1200348.9966, and 348.9967, is created to read:
1201
PART XI
1202
OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1203     348.9950  Short title.-This part may be cited as the
1204"Osceola County Expressway Authority Law."
1205     348.9951  Definitions.-As used in this part, except where
1206the context clearly indicates otherwise, the term:
1207     (1)  "Agency of the state" means the state and any
1208department of or corporation, agency, or instrumentality
1209created, designated, or established by the state.
1210     (2)  "Authority" means the body politic and corporate and
1211agency of the state created by this part.
1212     (3)  "Bonds" means and includes the notes, bonds, refunding
1213bonds, or other evidences of indebtedness or obligations, in
1214either temporary or definitive form, that the authority is
1215authorized to issue under this part.
1216     (4)  "County" means Osceola County.
1217     (5)  "Department" means the Department of Transportation.
1218     (6)  "Federal agency" means the United States, the
1219President of the United States, and any department of or
1220corporation, agency, or instrumentality created, designated, or
1221established by the United States.
1222     (7)  "Lease-purchase agreement" means any lease-purchase
1223agreement the authority is authorized under this part to enter
1224into with the department.
1225     (8)  "Limited access expressway" or "expressway" means a
1226street or highway especially designed for through traffic and
1227over, from, or to which no person has a right of easement, use,
1228or access except in accordance with the rules and regulations
1229adopted by the authority for the use of such facility. Such
1230streets or highways may be parkways from which trucks, buses,
1231and other commercial vehicles are excluded or freeways open to
1232use by all customary forms of street and highway traffic.
1233     (9)  "Members" means the governing body of the authority,
1234and the term "member" means one of the individuals constituting
1235such governing body.
1236     (10)  "Osceola County Expressway System" or "system" means
1237any and all expressways and appurtenant facilities thereto,
1238including, but not limited to, all approaches, roads, bridges,
1239and avenues of access for such expressways that are built by the
1240authority or the ownership of which is transferred to the
1241authority by other governmental or private entities.
1242     (11)  "Osceola County gasoline tax funds" means all the 80-
1243percent surplus gasoline tax funds accruing in each year to the
1244department for use in Osceola County under s. 9, Art. XII of the
1245State Constitution after deduction only of any amounts of such
1246gasoline tax funds pledged by the department or the county for
1247outstanding obligations.
1248     (12)  "State Board of Administration" means the body
1249corporate existing under s. 9, Art. XII of the State
1250Constitution or any successor thereto.
1251     348.9952  Osceola County Expressway Authority.-
1252     (1)  There is created a body politic and corporate, an
1253agency of the state, to be known as the Osceola County
1254Expressway Authority.
1255     (2)(a)  The governing body of the authority shall consist
1256of six members. Five members must be residents of Osceola
1257County, three of whom shall be appointed by the governing body
1258of the county and two of whom shall be appointed by the
1259Governor. The sixth member shall be the district secretary of
1260the department serving in the district that includes Osceola
1261County, who shall serve as an ex officio, nonvoting member. The
1262term of each appointed member shall be for 4 years, except that
1263the first term of the initial members appointed by the Governor
1264shall be 2 years each. Each appointed member shall hold office
1265until his or her successor has been appointed and has qualified.
1266A vacancy occurring during a term shall be filled only for the
1267balance of the unexpired term. Each appointed member of the
1268authority shall be a person of outstanding reputation for
1269integrity, responsibility, and business ability, but no person
1270who is an officer or employee of any city or of Osceola County
1271in any other capacity shall be an appointed member of the
1272authority. A member of the authority is eligible for
1273reappointment.
1274     (b)  Members of the authority may be removed from office by
1275the Governor for misconduct, malfeasance, or nonfeasance in
1276office.
1277     (3)(a)  The authority shall elect one of its members as
1278chair. The authority shall also elect a secretary and a
1279treasurer, who may be members of the authority. The chair,
1280secretary, and treasurer shall hold such offices at the will of
1281the authority.
1282     (b)  Three members of the authority constitute a quorum,
1283and the vote of three members is necessary for any action taken
1284by the authority. A vacancy in the authority does not impair the
1285right of a quorum of the authority to exercise all of the rights
1286and perform all of the duties of the authority.
1287     (4)(a)  The authority may employ an executive secretary, an
1288executive director, its own counsel and legal staff, technical
1289experts, engineers, and other employees, permanent or temporary,
1290as it may require; may determine the qualifications and fix the
1291compensation of such persons, firms, or corporations; and may
1292employ a fiscal agent or agents. However, the authority shall
1293solicit sealed proposals from at least three persons, firms, or
1294corporations for the performance of any services as fiscal
1295agents. The authority may delegate to one or more of its agents
1296or employees such of its power as it deems necessary to carry
1297out the purposes of this part, subject always to the supervision
1298and control of the authority.
1299     (b)  Members of the authority are entitled to receive from
1300the authority their travel and other necessary expenses incurred
1301in connection with the business of the authority as provided in
1302s. 112.061, but they shall draw no salaries or other
1303compensation.
1304     (c)  The department is not required to grant funds for
1305startup costs to the authority; however, the governing body of
1306the county may provide funds for such startup costs.
1307     (d)  The authority shall cooperate with and participate in
1308any efforts to establish a regional expressway authority.
1309     348.9953  Purposes and powers.-
1310     (1)  The authority may acquire, hold, construct, improve,
1311maintain, operate, own, and lease in the capacity of lessor the
1312Osceola County Expressway System and, in the construction of the
1313system, may construct any extensions, additions, or improvements
1314to the system or appurtenant facilities, including all necessary
1315approaches, roads, bridges, and avenues of access, with such
1316changes, modifications, or revisions of such project as the
1317authority deems desirable and proper.
1318     (2)  The authority may exercise all powers necessary,
1319appurtenant, convenient, or incidental to the carrying out of
1320its purposes, including, but not limited to, the following
1321rights and powers:
1322     (a)  To sue and be sued, implead and be impleaded, and
1323complain and defend in all courts.
1324     (b)  To adopt, use, and alter at will a corporate seal.
1325     (c)  To acquire by donation, purchase, or otherwise and
1326hold, lease as lessee, and use any franchise or property, real,
1327personal, or mixed, tangible or intangible, or any options
1328thereof, in its own name or in conjunction with others, or
1329interest therein, necessary or desirable for carrying out the
1330purposes of the authority and to sell, lease as lessor,
1331transfer, and dispose of any property or interest therein at any
1332time acquired by it.
1333     (d)  To enter into lease agreements for terms not exceeding
133440 years as either lessee or lessor to carry out the right to
1335lease as set forth in this part.
1336     (e)  To enter into lease-purchase agreements with the
1337department for terms not exceeding 40 years, or until any bonds
1338secured by a pledge of rentals thereunder and any refundings
1339thereof are fully paid as to both principal and interest,
1340whichever is longer.
1341     (f)  To fix, alter, charge, establish, and collect rates,
1342fees, rentals, and other charges for the services and facilities
1343of the system, which rates, fees, rentals, and other charges
1344must always be sufficient to comply with any covenants made with
1345the holders of any bonds issued pursuant to this part; however,
1346such right and power may be assigned or delegated by the
1347authority to the department.
1348     (g)  To borrow money and make and issue negotiable notes,
1349bonds, refunding bonds, and other evidences of indebtedness or
1350obligations, either in temporary or definitive form, hereinafter
1351in this part sometimes called "bonds" of the authority, for the
1352purpose of financing all or part of the improvement or extension
1353of the system and appurtenant facilities, including all
1354approaches, streets, roads, bridges, and avenues of access for
1355the system and for any other purpose authorized by this part,
1356such bonds to mature no more than 40 years after the date of the
1357issuance thereof, and to secure the payment of such bonds or any
1358part thereof by a pledge of any or all of its revenues, rates,
1359fees, rentals, or other charges, including all or any portion of
1360the Osceola County gasoline tax funds received by the authority
1361pursuant to the terms of any lease-purchase agreement between
1362the authority and the department; and, in general, to provide
1363for the security of such bonds and the rights and remedies of
1364the holders thereof. However, no portion of the Osceola County
1365gasoline tax funds shall be pledged for the construction of any
1366project for which a toll is to be charged unless the anticipated
1367tolls are reasonably estimated by the board of county
1368commissioners, at the date of its resolution pledging such
1369funds, to be sufficient to cover the principal and interest of
1370such obligations during the period when such pledge of funds
1371shall be in effect.
1372     1.  The authority shall reimburse Osceola County for any
1373sums expended from such gasoline tax funds used for the payment
1374of such obligations. Any gasoline tax funds so disbursed shall
1375be repaid when the authority deems it practicable, together with
1376interest at the highest rate applicable to any obligations of
1377the authority.
1378     2.  If the authority decides to fund or refund any bonds
1379issued by the authority or by the commission prior to their
1380maturity, the proceeds of such funding or refunding bonds must,
1381pending the prior redemption of the bonds to be funded or
1382refunded, be invested in direct obligations of the United
1383States. Such outstanding bonds may be funded or refunded by the
1384issuance of bonds pursuant to this part.
1385     (h)  To make contracts of every name and nature, including,
1386but not limited to, partnerships providing for participation in
1387ownership and revenues, and to execute all instruments necessary
1388or convenient for the carrying on of its business.
1389     (i)  Without limitation of the foregoing, to borrow money
1390and accept grants from and to enter into contracts, leases, or
1391other transactions with any federal agency, the state, any
1392agency of the state, Osceola County, or any other public body of
1393the state.
1394     (j)  To have the power of eminent domain, including the
1395procedural powers granted under chapters 73 and 74.
1396     (k)  To pledge, hypothecate, or otherwise encumber all or
1397any part of the revenues, rates, fees, rentals, or other charges
1398or receipts of the authority, including all or any portion of
1399the Osceola County gasoline tax funds received by the authority
1400pursuant to the terms of any lease-purchase agreement between
1401the authority and the department, as security for all or any of
1402the obligations of the authority.
1403     (l)  To enter into partnerships and other agreements
1404respecting ownership and revenue participation in order to
1405facilitate financing and constructing any project or portions
1406thereof.
1407     (m)  To participate in developer agreements or to receive
1408developer contributions.
1409     (n)  To contract with Osceola County for the operation of a
1410toll facility within the county.
1411     (o)  To do all acts and things necessary or convenient for
1412the conduct of its business and the general welfare of the
1413authority in order to carry out the powers granted to it by this
1414part or any other law.
1415     (p)  With the consent of the county within the jurisdiction
1416of which the following activities occur, to construct, operate,
1417and maintain roads, bridges, avenues of access, thoroughfares,
1418and boulevards outside the jurisdictional boundaries of Osceola
1419County, and to construct, repair, replace, operate, install, and
1420maintain electronic toll payment systems thereon, with all
1421necessary and incidental powers to accomplish the foregoing.
1422     (q)  To enter into an interlocal agreement with the
1423Orlando-Orange County Expressway Authority to coordinate and
1424plan for projects in order to avoid any negative impacts on
1425either authority.
1426     (3)  The authority shall not, at any time or in any manner,
1427pledge the credit or taxing power of the state or any political
1428subdivision or agency thereof, including Osceola County, nor
1429shall the authority's obligations be deemed to be an obligation
1430of the state or of any political subdivision or agency thereof,
1431nor shall the state or any political subdivision or agency
1432thereof, except the authority, be liable for the payment of the
1433principal of or interest on such obligations.
1434     (4)  Notwithstanding any other provision of this part,
1435acquisition of right-of-way for a project of the authority which
1436is within the boundaries of any municipality in Osceola County
1437shall not be initiated unless and until the governing body of
1438that municipality has approved the route of such project.
1439     (5)  Notwithstanding any other provision of this part,
1440acquisition of right-of-way for a project of the authority which
1441is within the unincorporated area of Osceola County shall not be
1442initiated unless and until the governing body of Osceola County
1443has approved the route of such project.
1444     (6)  The authority shall not, without the consent of
1445Osceola County or any affected municipality, enter into any
1446agreement that would legally prohibit the construction of any
1447road by Osceola County or by any municipality within Osceola
1448County.
1449     348.9954  Bond financing authority for improvements.-
1450Pursuant to s. 11(f), Art. VII of the State Constitution, the
1451Legislature hereby approves for bond financing by the Osceola
1452County Expressway Authority improvements to toll collection
1453facilities, interchanges to the legislatively approved
1454expressway system, and any other facility appurtenant,
1455necessary, or incidental to the approved system. Subject to
1456terms and conditions of applicable revenue bond resolutions and
1457covenants, such costs may be financed in whole or in part by
1458revenue bonds issued pursuant to s. 348.9955(1)(a) or (b) or by
1459a combination of such bonds, whether currently issued or issued
1460in the future.
1461     348.9955  Bonds of the authority.-
1462     (1)(a)  Bonds may be issued on behalf of the authority
1463pursuant to the State Bond Act.
1464     (b)  Alternatively, the authority may issue its own bonds
1465pursuant to this part at such times and in such principal amount
1466as, in the opinion of the authority, is necessary to provide
1467sufficient moneys for achieving its purposes; however, such
1468bonds may not pledge the full faith and credit of the state.
1469Bonds issued by the authority pursuant to this paragraph or
1470paragraph (a), whether on original issuance or on refunding,
1471shall be authorized by resolution of the members thereof and may
1472be either term or serial bonds, shall bear such date or dates,
1473mature at such time or times, not exceeding 40 years from their
1474respective dates, bear interest at such rate or rates, payable
1475semiannually, be in such denominations, be in such form, either
1476coupon or fully registered, shall carry such registration,
1477exchangeability, and interchangeability privileges, be payable
1478in such medium of payment and at such place or places, be
1479subject to such terms of redemption, and be entitled to such
1480priorities on the revenues, rates, fees, rentals, or other
1481charges or receipts of the authority, including the Osceola
1482County gasoline tax funds received by the authority pursuant to
1483the terms of any lease-purchase agreement between the authority
1484and the department, as such resolution or any resolution
1485subsequent thereto may provide. The bonds shall be executed
1486either by manual or facsimile signature by such officers as the
1487authority shall determine, provided that such bonds shall bear
1488at least one signature which is manually executed thereon, and
1489the coupons attached to such bonds shall bear the facsimile
1490signature or signatures of such officer or officers as shall be
1491designated by the authority and shall have the seal of the
1492authority affixed, imprinted, reproduced, or lithographed
1493thereon, all as may be prescribed in such resolution or
1494resolutions.
1495     (c)  Bonds issued pursuant to paragraph (a) or paragraph
1496(b) shall be sold at public sale in the same manner provided by
1497the State Bond Act. However, if the authority shall, by official
1498action at a public meeting, determine that a negotiated sale of
1499such bonds is in the best interest of the authority, the
1500authority may negotiate the sale of such bonds with the
1501underwriter designated by the authority and the Division of Bond
1502Finance of the State Board of Administration with respect to
1503bonds issued pursuant to paragraph (a) or solely the authority
1504with respect to bonds issued pursuant to paragraph (b). The
1505authority's determination to negotiate the sale of such bonds
1506may be based, in part, upon the written advice of the
1507authority's financial adviser. Pending the preparation of
1508definitive bonds, interim certificates may be issued to the
1509purchaser or purchasers of such bonds and may contain such terms
1510and conditions as the authority may determine.
1511     (d)  The authority may issue bonds pursuant to paragraph
1512(b) to refund any bonds previously issued regardless of whether
1513the bonds being refunded were issued by the authority pursuant
1514to this part or on behalf of the authority pursuant to the State
1515Bond Act.
1516     (2)  Any such resolution or resolutions authorizing any
1517bonds under this part may contain provisions which shall be part
1518of the contract with the holders of such bonds, as to:
1519     (a)  The pledging of all or any part of the revenues,
1520rates, fees, rentals, including all or any portion of the
1521Osceola County gasoline tax funds received by the authority
1522pursuant to the terms of any lease-purchase agreement between
1523the authority and the department, or any part thereof, or other
1524charges or receipts of the authority, derived by the authority,
1525from the Osceola County Expressway System.
1526     (b)  The completion, improvement, operation, extension,
1527maintenance, repair, lease, or lease-purchase agreement of the
1528system and the duties of the authority and others, including the
1529department, with reference thereto.
1530     (c)  Limitations on the purposes to which the proceeds of
1531the bonds, then or thereafter to be issued, or of any loan or
1532grant by the United States or the state may be applied.
1533     (d)  The fixing, charging, establishing, and collecting of
1534rates, fees, rentals, or other charges for use of the services
1535and facilities of the Osceola County Expressway System or any
1536part thereof.
1537     (e)  The setting aside of reserves or sinking funds or
1538repair and replacement funds and the regulation and disposition
1539thereof.
1540     (f)  Limitations on the issuance of additional bonds.
1541     (g)  The terms and provisions of any lease-purchase
1542agreement, deed of trust, or indenture securing the bonds or
1543under which the bonds may be issued.
1544     (h)  Any other or additional agreements with the holders of
1545the bonds which the authority may deem desirable and proper.
1546     (3)  The authority may employ fiscal agents as provided by
1547this part, or the State Board of Administration may, upon
1548request of the authority, act as fiscal agent for the authority
1549in the issuance of any bonds that may be issued pursuant to this
1550part. The State Board of Administration may, upon request of the
1551authority, take over the management, control, administration,
1552custody, and payment of any or all debt services or funds or
1553assets now or hereafter available for any bonds issued pursuant
1554to this part. The authority may enter into any deeds of trust,
1555indentures, or other agreements with its fiscal agent or with
1556any bank or trust company within or without the state as
1557security for such bonds and may, under such agreements, sign and
1558pledge all or any of the revenues, rates, fees, rentals, or
1559other charges or receipts of the authority, including all or any
1560portion of the Osceola County gasoline tax funds received by the
1561authority pursuant to the terms of any lease-purchase agreement
1562between the authority and the department, thereunder. Such deed
1563of trust, indenture, or other agreement may contain such
1564provisions as are customary in such instruments or, as the
1565authority may authorize, including, but without limitation,
1566provisions as to:
1567     (a)  The completion, improvement, operation, extension,
1568maintenance, repair, and lease of or lease-purchase agreement
1569relating to the Osceola County Expressway System and the duties
1570of the authority and others, including the department, with
1571reference thereto.
1572     (b)  The application of funds and the safeguarding of funds
1573on hand or on deposit.
1574     (c)  The rights and remedies of the trustee and the holders
1575of the bonds.
1576     (d)  The terms and provisions of the bonds or the
1577resolutions authorizing the issuance of the bonds.
1578     (4)  Any of the bonds issued pursuant to this part are, and
1579are declared to be, negotiable instruments and shall have all
1580the qualities and incidents of negotiable instruments under the
1581law merchant and the negotiable instruments law of the state.
1582     (5)  Notwithstanding any of the provisions of this part,
1583each project, building, or facility which has been financed by
1584the issuance of bonds or other evidence of indebtedness under
1585this part and any refinancing thereof is hereby approved as
1586provided for in s. 11(f), Art. VII of the State Constitution.
1587     348.9956  Remedies of the bondholders.-
1588     (1)  The rights and remedies conferred by this part upon or
1589granted to the bondholders shall be in addition to and not in
1590limitation of any rights and remedies lawfully granted to such
1591bondholders by the resolution or resolutions providing for the
1592issuance of bonds or by a lease-purchase agreement, deed of
1593trust, indenture, or other agreement under which the bonds may
1594be issued or secured. If the authority defaults in the payment
1595of the principal of or interest on any of the bonds issued under
1596this part after such principal of or interest on such bonds
1597becomes due, whether at maturity or upon call for redemption, or
1598if the department defaults in any payments under or covenants
1599made in any lease-purchase agreement between the authority and
1600the department, and such default continues for a period of 30
1601days, or if the authority or the department fails or refuses to
1602comply with this part or any agreement made with or for the
1603benefit of the holders of the bonds, the holders of 25 percent
1604in aggregate principal amount of the bonds then outstanding
1605shall be entitled as of right to the appointment of a trustee to
1606represent such bondholders for the purposes hereof; provided,
1607however, that such holders of 25 percent in aggregate principal
1608amount of the bonds then outstanding have first given notice to
1609the authority and to the department of their intention to
1610appoint a trustee. Such notice shall be deemed to have been
1611given if given in writing, deposited in a securely sealed
1612postpaid wrapper, mailed at a regularly maintained United States
1613post office box or station, and addressed, respectively, to the
1614chair of the authority and to the Secretary of Transportation at
1615the principal office of the department.
1616     (2)  Such trustee and any trustee under any deed of trust,
1617indenture, or other agreement may, and upon written request of
1618the holders of 25 percent or such other percentages as may be
1619specified in any deed of trust, indenture, or other agreement
1620aforesaid in principal amount of the bonds then outstanding
1621shall, in any court of competent jurisdiction in his, her, or
1622its own name:
1623     (a)  By mandamus or other suit, action, or proceeding at
1624law or in equity, enforce all rights of the bondholders,
1625including the right to require the authority to fix, establish,
1626maintain, collect, and charge rates, fees, rentals, and other
1627charges adequate to carry out any agreement as to or pledge of
1628the revenues or receipts of the authority, to carry out any
1629other covenants and agreements with or for the benefit of the
1630bondholders, and to perform its and their duties under this
1631part.
1632     (b)  By mandamus or other suit, action, or proceeding at
1633law or in equity, enforce all rights of the bondholders under or
1634pursuant to any lease-purchase agreement between the authority
1635and the department, including the right to require the
1636department to make all rental payments required to be made by it
1637under the provisions of any such lease-purchase agreement,
1638whether from the Osceola County gasoline tax funds or other
1639funds of the department so agreed to be paid, and to require the
1640department to carry out any other covenants and agreements with
1641or for the benefit of the bondholders and to perform its and
1642their duties under this part.
1643     (c)  Bring suit upon the bonds.
1644     (d)  By action or suit in equity, require the authority or
1645the department to account as if it were the trustee of an
1646express trust for the bondholders.
1647     (e)  By action or suit in equity, enjoin any acts or things
1648which may be unlawful or in violation of the rights of the
1649bondholders.
1650     (3)  Whether or not all bonds have been declared due and
1651payable, any trustee, when appointed under this section or
1652acting under a deed of trust, indenture, or other agreement,
1653shall be entitled as of right to the appointment of a receiver
1654who may enter upon and take possession of the Osceola County
1655Expressway System or the facilities or any part or parts
1656thereof, the rates, fees, rentals, or other revenues, charges,
1657or receipts from which are or may be applicable to the payment
1658of the bonds so in default; and, subject to and in compliance
1659with the provisions of any lease-purchase agreement between the
1660authority and the department, operate and maintain the same for
1661and on behalf and in the name of the authority, the department,
1662and the bondholders; and collect and receive all rates, fees,
1663rentals, and other charges or receipts or revenues arising
1664therefrom in the same manner as the authority or the department
1665might do; and shall deposit all such moneys in a separate
1666account and apply the same in such manner as the court shall
1667direct. In any suit, action, or proceeding by the trustee, the
1668fees, counsel fees, and expenses of the trustee and such
1669receiver, if any, and all costs and disbursements allowed by the
1670court shall be a first charge on any rates, fees, rentals, or
1671other charges, revenues, or receipts derived from the Osceola
1672County Expressway System or the facilities or services or any
1673part or parts thereof, including payments under any such lease-
1674purchase agreement as aforesaid which such rates, fees, rentals,
1675or other charges, revenues, or receipts shall or may be
1676applicable to the payment of the bonds so in default. Such
1677trustee shall also have and possess all of the powers necessary
1678or appropriate for the exercise of any functions specifically
1679set forth in this part or incident to the representation of the
1680bondholders in the enforcement and protection of their rights.
1681     (4)  Nothing in this section or any other section of this
1682part authorizes any receiver appointed pursuant to this part for
1683the purpose, subject to and in compliance with the provisions of
1684any lease-purchase agreement between the authority and the
1685department, of operating and maintaining the Osceola County
1686Expressway System or any facilities or part or parts thereof to
1687sell, assign, mortgage, or otherwise dispose of any of the
1688assets of whatever kind and character belonging to the
1689authority. It is the intention of this part to limit the powers
1690of such receiver, subject to and in compliance with the
1691provisions of any lease-purchase agreement between the authority
1692and the department, to the operation and maintenance of the
1693Osceola County Expressway System or any facility or part or
1694parts thereof, as the court may direct, in the name and for and
1695on behalf of the authority, the department, and the bondholders.
1696No holder of bonds of the authority or any trustee shall ever
1697have the right in any suit, action, or proceeding at law or in
1698equity to compel a receiver, nor shall any receiver be
1699authorized or any court be empowered to direct the receiver, to
1700sell, assign, mortgage, or otherwise dispose of any assets of
1701whatever kind or character belonging to the authority.
1702     348.9957  Lease-purchase agreement.-
1703     (1)  In order to effectuate the purposes of this part and
1704as authorized by this part, the authority may enter into a
1705lease-purchase agreement with the department relating to and
1706covering the system.
1707     (2)  Such lease-purchase agreement shall provide for the
1708leasing of the system by the authority as lessor to the
1709department as lessee, shall prescribe the term of such lease and
1710the rentals to be paid under the lease, and shall provide that,
1711upon the completion of the faithful performance under and
1712termination of the agreement, title in fee simple absolute to
1713the system as then constituted shall be transferred in
1714accordance with law by the authority to the state and the
1715authority shall deliver to the department such deeds and
1716conveyances as are necessary or convenient to vest title in fee
1717simple absolute in the state.
1718     (3)  Such lease-purchase agreement may include such other
1719provisions, agreements, and covenants as the authority and the
1720department deem advisable or required, including, but not
1721limited to, provisions as to the bonds to be issued under and
1722for the purposes of this part; the completion, extension,
1723improvement, operation, and maintenance of the system; the
1724expenses and the cost of operation of the authority; the
1725charging and collection of tolls, rates, fees, and other charges
1726for the use of the services and facilities of the system; the
1727application of federal or state grants or aid which may be made
1728or given to assist the authority in the completion, extension,
1729improvement, operation, and maintenance of the system, which the
1730authority may accept and apply to such purposes; the enforcement
1731of payment and collection of rentals; and any other terms,
1732provisions, or covenants necessary, incidental, or appurtenant
1733to the making of and full performance under the agreement.
1734     (4)  The department as lessee under such lease-purchase
1735agreement is authorized to pay as rentals thereunder any rates,
1736fees, charges, funds, moneys, receipts, or income accruing to
1737the department from the operation of the system and the Osceola
1738County gasoline tax funds and may also pay as rentals any
1739appropriations received by the department pursuant to any act of
1740the Legislature. However, nothing in this part or in such lease-
1741purchase agreement shall require the making or continuance of
1742such appropriations, nor shall any holder of bonds issued
1743pursuant to this part have any right to compel the making or
1744continuance of such appropriations.
1745     (5)  A pledge of Osceola County gasoline tax funds as
1746rentals under such lease-purchase agreement shall not be made
1747without the consent of Osceola County evidenced by a resolution
1748duly adopted by the board of county commissioners of the county
1749at a public hearing held pursuant to due notice thereof
1750published at least once a week for 3 consecutive weeks before
1751the hearing in a newspaper of general circulation in Osceola
1752County. In addition to other provisions, the resolution must
1753provide that any excess of such pledged gasoline tax funds which
1754is not required for debt service or reserves for such debt
1755service for any bonds issued by the authority shall be returned
1756annually to the department for distribution to Osceola County as
1757provided by law. Before making any application for such pledge
1758of gasoline tax funds, the authority shall present the plan of
1759its proposed project to the Osceola County Planning and Zoning
1760Commission for its comments and recommendations.
1761     (6)  The department may covenant in any lease-purchase
1762agreement that it will pay, from sources other than the revenues
1763derived from the operation of the system and Osceola County
1764gasoline tax funds, all or any part of the cost of the
1765operation, maintenance, repair, renewal, and replacement of the
1766system and any part of the cost of completing the system to the
1767extent that the proceeds of bonds issued therefor are
1768insufficient. The department may also agree to make such other
1769payments from any moneys available to the county in connection
1770with the construction or completion of the system as the
1771department deems to be fair and proper under such covenants.
1772     (7)  The system shall be a part of the state road system,
1773and the department may, upon the request of the authority,
1774expend moneys from funds available for such purposes and use its
1775engineering and other forces as it deems necessary and desirable
1776for the operation of the authority and for traffic surveys,
1777borings, surveys, preparation of plans and specifications,
1778estimates of cost, and other preliminary engineering and other
1779studies; however, the aggregate amount of moneys expended for
1780such purposes by the department must not exceed $375,000.
1781     348.9958  Department may be appointed agent of authority
1782for construction.-The authority may appoint the department as
1783its agent for the purpose of constructing improvements and
1784extensions to and the completion of the system. In such event,
1785the authority shall provide the department with complete copies
1786of all documents, agreements, resolutions, contracts, and
1787instruments relating to the system; shall request the department
1788to do such construction work, including the planning, surveying,
1789and actual construction of the completion, extensions, and
1790improvements to the system; and shall transfer to the credit of
1791an account of the department in the treasury of the state the
1792necessary funds for such purpose. After such appointment and
1793receipt of funds, the department is authorized, empowered, and
1794directed to proceed with such construction and to use the funds
1795for such purpose in the same manner as it is authorized to use
1796funds otherwise provided to it by law for the construction of
1797roads and bridges.
1798     348.9959  Acquisition of lands and property.-
1799     (1)  For the purposes of this part, the authority may
1800acquire, by gift, devise, purchase, or condemnation by eminent
1801domain proceedings, private or public property and property
1802rights, including rights of access, air, view, and light, as the
1803authority may deem necessary for any of the purposes of this
1804part, including, but not limited to, any lands reasonably
1805necessary for securing applicable permits, areas necessary for
1806management of access, borrow pits, drainage ditches, water
1807retention areas, rest areas, replacement access for landowners
1808whose access is impaired due to the construction of a facility,
1809and replacement rights-of-way for relocated rail and utility
1810facilities; for existing, proposed, or anticipated
1811transportation facilities on the system or in a transportation
1812corridor designated by the authority; or for the purposes of
1813screening, relocation, removal, or disposal of junkyards and
1814scrap metal processing facilities. The authority may condemn any
1815material and property necessary for such purposes.
1816     (2)  The right of eminent domain conferred in this part
1817shall be exercised by the authority in the manner provided by
1818law.
1819     (3)  When the authority acquires property for a
1820transportation facility or in a transportation corridor, the
1821authority is not subject to any liability imposed by chapter 376
1822or chapter 403 for preexisting soil or groundwater contamination
1823due solely to its ownership of the property. This section does
1824not affect the rights or liabilities of any past or future
1825owners of the acquired property and does not affect the
1826liability of any governmental entity for the results of its
1827actions which create or exacerbate a pollution source. The
1828authority and the Department of Environmental Protection may
1829enter into interagency agreements for the performance, funding,
1830and reimbursement of the investigative and remedial acts
1831necessary for property acquired by the authority.
1832     348.9960  Cooperation with other units, boards, agencies,
1833and individuals.-Any county, municipality, drainage district,
1834road and bridge district, school district, or other political
1835subdivision, board, commission, or individual in or of the state
1836may make and enter into any contract, lease, conveyance,
1837partnership, or other agreement with the authority within the
1838provisions and for purposes of this part; and the authority may
1839make and enter into any contract, lease, conveyance,
1840partnership, or other agreement with any political subdivision,
1841agency, or instrumentality of the state or any federal agency,
1842corporation, or individual for the purpose of carrying out the
1843provisions of this part.
1844     348.9961  Covenant of the state.-The state does hereby
1845pledge to and agrees with any person, firm, or corporation or
1846federal or state agency subscribing to or acquiring the bonds to
1847be issued by the authority for the purposes of this part that
1848the state will not limit or alter the rights hereby vested in
1849the authority and the department until all bonds at any time
1850issued together with the interest thereon are fully paid and
1851discharged insofar as the same affects the rights of the holders
1852of bonds issued hereunder. The state does further pledge to and
1853agree with the United States that in the event any federal
1854agency shall construct or contribute any funds for the
1855completion, extension, or improvement of the Osceola County
1856Expressway System, or any part or portion thereof, the state
1857will not alter or limit the rights and powers of the authority
1858and the department in any manner which would be inconsistent
1859with the continued maintenance and operation of the Osceola
1860County Expressway System or the completion, extension, or
1861improvement thereof or which would be inconsistent with the due
1862performance of any agreements between the authority and any such
1863federal agency. The authority and the department shall continue
1864to have and may exercise all powers herein granted so long as
1865the same shall be necessary or desirable for the carrying out of
1866the purposes of this part and the purposes of the United States
1867in the completion, extension, or improvement of the Osceola
1868County Expressway System or any part or portion thereof.
1869     348.9962  Exemption from taxation.-The effectuation of the
1870authorized purposes of the authority created under this part is
1871and shall be in all respects for the benefit of the people of
1872the state, for the increase of their commerce and prosperity,
1873and for the improvement of their health and living conditions;
1874and, since the authority will be performing essential
1875governmental functions in effectuating such purposes, the
1876authority is not required to pay any taxes or assessments of any
1877kind or nature whatsoever upon any property acquired or used by
1878it for such purposes or upon any rates, fees, rentals, receipts,
1879income, or charges at any time received by it; and the bonds
1880issued by the authority, their transfer, and the income
1881therefrom, including any profits made on the sale thereof, shall
1882at all times be free from taxation of any kind by the state or
1883by any political subdivision or taxing agency or instrumentality
1884thereof. This section does not apply to any tax imposed by
1885chapter 220 on interest, income, or profits on debt obligations
1886owned by corporations.
1887     348.9963  Eligibility for investments and security.-Any
1888bonds or other obligations issued pursuant to this part shall be
1889and constitute legal investments for banks, savings banks,
1890trustees, executors, administrators, and all other fiduciaries
1891and for all state, municipal, and other public funds and shall
1892also be and constitute securities eligible for deposit as
1893security for all state, municipal, or other public funds,
1894notwithstanding the provisions of any other law or laws to the
1895contrary.
1896     348.9964  Pledges enforceable by bondholders.-It is the
1897express intention of this part that any pledge by the department
1898of rates, fees, revenues, Osceola County gasoline tax funds, or
1899other funds, as rentals, to the authority, or any covenants or
1900agreements relative thereto, may be enforceable in any court of
1901competent jurisdiction against the authority or directly against
1902the department by any holder of bonds issued by the authority.
1903     348.9965  This part complete and additional authority.-
1904     (1)  The powers conferred by this part are in addition and
1905supplemental to the existing powers of the State Board of
1906Administration and the department, and this part does not repeal
1907any provision of any other law, general, special, or local, but
1908supersedes such a provision to the extent of any conflict in the
1909exercise of the powers provided in this part and to provide a
1910complete method for the exercise of the powers granted in this
1911part. The extension and improvement of the system and the
1912issuance of bonds under this part to finance all or part of the
1913cost of the system may be accomplished upon compliance with the
1914provisions of this part without regard to or necessity for
1915compliance with the provisions, limitations, or restrictions
1916contained in any other general, special, or local law,
1917including, but not limited to, s. 215.821. The issuance of bonds
1918pursuant to this part does not require approval by the qualified
1919electors or qualified electors who are freeholders in the state
1920or in Osceola County or in any other political subdivision of
1921the state.
1922     (2)  This part does not repeal, rescind, or modify the
1923Osceola County Charter and does not repeal, rescind, or modify
1924any other law relating to the department, the State Board of
1925Administration, or the Division of Bond Finance of the State
1926Board of Administration but supersedes any such law to the
1927extent of any conflict with this part, including, but not
1928limited to, s. 215.821.
1929     348.9966  Osceola County auditor.-In addition to other
1930financial requirements provided by this part or by general law,
1931the Office of the Osceola County Commission Auditor as created
1932in Article II, section 2.3 of the Osceola County Home Rule
1933Charter may conduct financial and compliance, economy and
1934efficiency, and performance audits of the authority with written
1935reports to be submitted to the authority and the governing body
1936of Osceola County.
1937     348.9967  Automatic dissolution.-If, prior to January 1,
19382020, the authority has not encumbered any funds to further its
1939purposes and powers as authorized in s. 348.9953 to establish
1940the system, the authority is dissolved.
1941     Section 25.  Subsection (2) of section 373.41492, Florida
1942Statutes, is amended to read:
1943     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1944mitigation for mining activities within the Miami-Dade County
1945Lake Belt.-
1946     (2)  To provide for the mitigation of wetland resources
1947lost to mining activities within the Miami-Dade County Lake Belt
1948Plan, effective October 1, 1999, a mitigation fee is imposed on
1949each ton of limerock and sand extracted by any person who
1950engages in the business of extracting limerock or sand from
1951within the Miami-Dade County Lake Belt Area and the east one-
1952half of sections 24 and 25 and all of sections 35 and 36,
1953Township 53 South, Range 39 East. The mitigation fee is imposed
1954for each ton of limerock and sand sold from within the
1955properties where the fee applies in raw, processed, or
1956manufactured form, including, but not limited to, sized
1957aggregate, asphalt, cement, concrete, and other limerock and
1958concrete products. The mitigation fee imposed by this subsection
1959for each ton of limerock and sand sold shall be 12 cents per ton
1960beginning January 1, 2007; 18 cents per ton beginning January 1,
19612008; and 24 cents per ton beginning January 1, 2009; and 45
1962cents per ton beginning December 31, 2011. To upgrade a water
1963treatment plant that treats water coming from the Northwest
1964Wellfield in Miami-Dade County, a water treatment plant upgrade
1965fee is imposed within the same Lake Belt Area subject to the
1966mitigation fee and upon the same kind of mined limerock and sand
1967subject to the mitigation fee. The water treatment plant upgrade
1968fee imposed by this subsection for each ton of limerock and sand
1969sold shall be 15 cents per ton beginning on January 1, 2007, and
1970the collection of this fee shall cease once the total amount of
1971proceeds collected for this fee reaches the amount of the actual
1972moneys necessary to design and construct the water treatment
1973plant upgrade, as determined in an open, public solicitation
1974process. Any limerock or sand that is used within the mine from
1975which the limerock or sand is extracted is exempt from the fees.
1976The amount of the mitigation fee and the water treatment plant
1977upgrade fee imposed under this section must be stated separately
1978on the invoice provided to the purchaser of the limerock or sand
1979product from the limerock or sand miner, or its subsidiary or
1980affiliate, for which the fee or fees apply. The limerock or sand
1981miner, or its subsidiary or affiliate, who sells the limerock or
1982sand product shall collect the mitigation fee and the water
1983treatment plant upgrade fee and forward the proceeds of the fees
1984to the Department of Revenue on or before the 20th day of the
1985month following the calendar month in which the sale occurs.
1986     Section 26.  Subsection (1) of section 403.4131, Florida
1987Statutes, is amended to read:
1988     403.4131  Litter control.-
1989     (1)  The Department of Transportation shall establish an
1990"adopt-a-highway" program to allow local organizations to be
1991identified with specific highway cleanup and highway
1992beautification projects authorized under s. 339.2405. The
1993department shall report to the Governor and the Legislature on
1994the progress achieved and the savings incurred by the "adopt-a-
1995highway" program. The department shall also monitor and report
1996on compliance with the provisions of the adopt-a-highway program
1997to ensure that organizations participating that participate in
1998the program comply with the goals identified by the department.
1999     Section 27.  Section 479.01, Florida Statutes, is amended
2000to read:
2001     479.01  Definitions.-As used in this chapter, the term:
2002     (1)  "Allowable uses" means those uses that are authorized
2003within a zoning category without the requirement to obtain a
2004variance or waiver. The term includes conditional uses and those
2005allowed by special exception, but does not include uses that are
2006accessory, incidental to the allowable uses, or allowed only on
2007a temporary basis.
2008     (2)(1)  "Automatic changeable facing" means a facing that
2009is capable of delivering two or more advertising messages
2010through an automated or remotely controlled process.
2011     (3)(2)  "Business of outdoor advertising" means the
2012business of constructing, erecting, operating, using,
2013maintaining, leasing, or selling outdoor advertising structures,
2014outdoor advertising signs, or outdoor advertisements.
2015     (4)(3)  "Commercial or industrial zone" means a parcel of
2016land designated for commercial or industrial use under both the
2017future land use map of the comprehensive plan and the land use
2018development regulations adopted pursuant to chapter 163. If a
2019parcel is located in an area designated for multiple uses on the
2020future land use map of a comprehensive plan and the zoning
2021category of the land development regulations does do not
2022specifically clearly designate that parcel for commercial or
2023industrial uses a specific use, the area will be considered an
2024unzoned commercial or industrial area if it meets the criteria
2025of subsection (26) (23).
2026     (5)  "Commercial use" means activities associated with the
2027sale, rental, or distribution of products or the performance of
2028services. The term includes, without limitation, such uses or
2029activities as retail sales; wholesale sales; rentals of
2030equipment, goods, or products; offices; restaurants; food
2031service vendors; sports arenas; theaters; and tourist
2032attractions.
2033     (6)(4)  "Controlled area" means shall mean 660 feet or less
2034from the nearest edge of the right-of-way of any portion of the
2035State Highway System, interstate, or federal-aid primary system
2036and beyond 660 feet of the nearest edge of the right-of-way of
2037any portion of the State Highway System, interstate, or federal-
2038aid primary system outside an urban area.
2039     (7)(5)  "Department" means the Department of
2040Transportation.
2041     (8)(6)  "Erect" means to construct, build, raise, assemble,
2042place, affix, attach, create, paint, draw, or in any other way
2043bring into being or establish; but it does not include any of
2044the foregoing activities when performed as an incident to the
2045change of advertising message or customary maintenance or repair
2046of a sign.
2047     (9)(7)  "Federal-aid primary highway system" means the
2048existing, unbuilt, or unopened system of highways or portions
2049thereof, which shall include the National Highway System,
2050designated as the federal-aid primary highway system by the
2051department.
2052     (10)(8)  "Highway" means any road, street, or other way
2053open or intended to be opened to the public for travel by motor
2054vehicles.
2055     (11)  "Industrial use" means activities associated with the
2056manufacture, assembly, processing, or storage of products or the
2057performance of services relating thereto. The term includes,
2058without limitation, such uses or activities as automobile
2059manufacturing or repair, boat manufacturing or repair, junk
2060yards, meat packing facilities, citrus processing and packing
2061facilities, produce processing and packing facilities,
2062electrical generating plants, water treatment plants, sewage
2063treatment plants, and solid waste disposal sites.
2064     (12)(9)  "Interstate highway system" means the existing,
2065unbuilt, or unopened system of highways or portions thereof
2066designated as the national system of interstate and defense
2067highways by the department.
2068     (13)(10)  "Main-traveled way" means the traveled way of a
2069highway on which through traffic is carried. In the case of a
2070divided highway, the traveled way of each of the separate
2071roadways for traffic in opposite directions is a main-traveled
2072way. It does not include such facilities as frontage roads,
2073turning roadways, or parking areas.
2074     (14)(11)  "Maintain" means to allow to exist.
2075     (15)(12)  "Motorist services directional signs" means signs
2076providing directional information about goods and services in
2077the interest of the traveling public where such signs were
2078lawfully erected and in existence on or before May 6, 1976, and
2079continue to provide directional information to goods and
2080services in a defined area.
2081     (16)(13)  "New highway" means the construction of any road,
2082paved or unpaved, where no road previously existed or the act of
2083paving any previously unpaved road.
2084     (17)(14)  "Nonconforming sign" means a sign which was
2085lawfully erected but which does not comply with the land use,
2086setback, size, spacing, and lighting provisions of state or
2087local law, rule, regulation, or ordinance passed at a later date
2088or a sign which was lawfully erected but which later fails to
2089comply with state or local law, rule, regulation, or ordinance
2090due to changed conditions.
2091     (18)(15)  "Premises" means all the land areas under
2092ownership or lease arrangement to the sign owner which are
2093contiguous to the business conducted on the land except for
2094instances where such land is a narrow strip contiguous to the
2095advertised activity or is connected by such narrow strip, the
2096only viable use of such land is to erect or maintain an
2097advertising sign. When the sign owner is a municipality or
2098county, "premises" shall mean all lands owned or leased by such
2099municipality or county within its jurisdictional boundaries as
2100set forth by law.
2101     (19)(16)  "Remove" means to disassemble, transport from the
2102site, and dispose of sign materials by sale or destruction.
2103     (20)(17)  "Sign" means any combination of structure and
2104message in the form of an outdoor sign, display, device, figure,
2105painting, drawing, message, placard, poster, billboard,
2106advertising structure, advertisement, logo, symbol, or other
2107form, whether placed individually or on a V-type, back-to-back,
2108side-to-side, stacked, or double-faced display or automatic
2109changeable facing, designed, intended, or used to advertise or
2110inform, any part of the advertising message or informative
2111contents of which is visible from any place on the main-traveled
2112way. The term does not include an official traffic control sign,
2113official marker, or specific information panel erected, caused
2114to be erected, or approved by the department.
2115     (21)(18)  "Sign direction" means that direction from which
2116the message or informative contents are most visible to oncoming
2117traffic on the main-traveled way.
2118     (22)(19)  "Sign face" means the part of the sign, including
2119trim and background, which contains the message or informative
2120contents.
2121     (23)(20)  "Sign facing" includes all sign faces and
2122automatic changeable faces displayed at the same location and
2123facing the same direction.
2124     (24)(21)  "Sign structure" means all the interrelated parts
2125and material, such as beams, poles, and stringers, which are
2126constructed for the purpose of supporting or displaying a
2127message or informative contents.
2128     (25)(22)  "State Highway System" means the existing,
2129unbuilt, or unopened system of highways or portions thereof
2130designated as the State Highway System by the department.
2131     (26)(23)  "Unzoned commercial or industrial area" means a
2132parcel of land designated by the future land use map of the
2133comprehensive plan for multiple uses that include commercial or
2134industrial uses but are not specifically designated for
2135commercial or industrial uses under the land development
2136regulations, in which three or more separate and distinct
2137conforming industrial or commercial activities are located.
2138     (a)  These activities must satisfy the following criteria:
2139     1.  At least one of the commercial or industrial activities
2140must be located on the same side of the highway and within 800
2141feet of the sign location;
2142     2.  The commercial or industrial activities must be within
2143660 feet from the nearest edge of the right-of-way; and
2144     3.  The commercial industrial activities must be within
21451,600 feet of each other.
2146
2147Distances specified in this paragraph must be measured from the
2148nearest outer edge of the primary building or primary building
2149complex when the individual units of the complex are connected
2150by covered walkways.
2151     (b)  Certain activities, including, but not limited to, the
2152following, may not be so recognized as commercial or industrial
2153activities:
2154     1.  Signs.
2155     2.  Agricultural, forestry, ranching, grazing, farming, and
2156related activities, including, but not limited to, wayside fresh
2157produce stands.
2158     3.  Transient or temporary activities.
2159     4.  Activities not visible from the main-traveled way.
2160     5.  Activities conducted more than 660 feet from the
2161nearest edge of the right-of-way.
2162     6.  Activities conducted in a building principally used as
2163a residence.
2164     7.  Railroad tracks and minor sidings.
2165     8.  Communication towers.
2166     (27)(24)  "Urban area" has the same meaning as defined in
2167s. 334.03(29)(32).
2168     (28)(25)  "Visible commercial or industrial activity" means
2169a commercial or industrial activity that is capable of being
2170seen without visual aid by a person of normal visual acuity from
2171the main-traveled way and that is generally recognizable as
2172commercial or industrial.
2173     (29)(26)  "Visible sign" means that the advertising message
2174or informative contents of a sign, whether or not legible, is
2175capable of being seen without visual aid by a person of normal
2176visual acuity.
2177     (30)(27)  "Wall mural" means a sign that is a painting or
2178an artistic work composed of photographs or arrangements of
2179color and that displays a commercial or noncommercial message,
2180relies solely on the side of the building for rigid structural
2181support, and is painted on the building or depicted on vinyl,
2182fabric, or other similarly flexible material that is held in
2183place flush or flat against the surface of the building. The
2184term excludes a painting or work placed on a structure that is
2185erected for the sole or primary purpose of signage.
2186     (31)  "Zoning category" means the designation under the
2187Land Development Regulations (LDR) or other similar ordinance
2188enacted to regulate the use of land as provided in s.
2189163.3202(2)(b), which designation sets forth the allowable uses,
2190restrictions, and limitations on use applicable to properties
2191within the category.
2192     Section 28.  Sections 479.01, 479.015, 479.02, 479.03,
2193479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2194479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2195479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2196are designated as part I of chapter 479, Florida Statutes, and
2197entitled "General Provisions."
2198     Section 29.  Sections 479.261, 479.262, 479.27, 479.28, and
2199479.30, Florida Statutes, are designated as part II of chapter
2200479, Florida Statutes, and entitled "Special Programs."
2201     Section 30.  Part III of chapter 479, Florida Statutes,
2202consisting of sections 479.310, 479.311, 479.312, 479.313, and
2203479.315, is created to read:
2204
PART III
2205
SIGN REMOVAL
2206     479.310  Unpermitted and illegal signs; intent.-It is the
2207intent of this part to relieve the department from the financial
2208burden incurred in the removal of unpermitted and illegal signs
2209located within the right-of-way of and controlled areas adjacent
2210to the State Highway System, interstate highway system, and
2211federal-aid primary highway system; to place the financial
2212responsibility for the cost of such removal directly upon those
2213benefiting from the location and operation of such unpermitted
2214and illegal signs; and to provide clear authority to the
2215department for the recovery of cost incurred by the department
2216in the removal of such unpermitted and illegal signs.
2217     479.311  Jurisdiction; venue.-The county court shall have
2218jurisdiction concurrent with the circuit court to consider
2219claims filed by the department in amounts which are within their
2220jurisdictional limitations. For the purposes of a claim filed by
2221the department to recover its cost as provided in this section,
2222venue shall be Leon County.
2223     479.312  Unpermitted signs; cost of removal.-All costs
2224incurred by the department in connection with the removal of a
2225sign located within a controlled area adjacent to the State
2226Highway System, interstate highway system, or federal-aid
2227primary highway system which has not been issued a permit under
2228part I shall be assessed against and collected from the owner of
2229the sign, the advertiser displayed on the sign, or the owner of
2230the property upon which the sign is located. For the purposes of
2231this section, a sign that does not display the name of the sign
2232owner shall be presumed to be owned by the owner of the property
2233upon which the sign is located.
2234     479.313  Permit revocation; cost of removal.-All costs
2235incurred by the department in connection with the removal of a
2236sign located within a controlled area adjacent to the State
2237Highway System, interstate highway system, or federal-aid
2238primary highway system following the revocation of the permit
2239for such sign shall be assessed against and collected from the
2240permittee.
2241     479.315  Highway rights-of way; cost of sign removal.-All
2242cost incurred by the department in connection with the removal
2243of a sign located within the right-of-way of the State Highway
2244System, interstate highway system, or federal-aid primary
2245highway system shall be assessed against and collected from the
2246owner of the sign or the advertiser displayed on the sign.
2247     Section 31.  Section 705.18, Florida Statutes, is amended
2248to read:
2249     705.18  Disposal of personal property lost or abandoned on
2250university or community college campuses or certain public-use
2251airports; disposition of proceeds from sale thereof.-
2252     (1)  Whenever any lost or abandoned personal property shall
2253be found on a campus of an institution in the State University
2254System or a campus of a state-supported community college, or on
2255premises owned or controlled by the operator of a public-use
2256airport having regularly scheduled international passenger
2257service, the president of the institution or the president's
2258designee or the director of the airport or the director's
2259designee shall take charge of the property thereof and make a
2260record of the date such property was found. If, within 30 days
2261after such property is found, or a longer period of time as may
2262be deemed appropriate by the president or the director under the
2263circumstances, the property it is not claimed by the owner, the
2264president or director shall order it sold at public outcry after
2265giving notice of the time and place of sale in a publication of
2266general circulation on the campus of such institution or within
2267the county where the airport is located and written notice to
2268the owner if known. The rightful owner of such property may
2269reclaim the same at any time prior to sale.
2270     (2)  All moneys realized from such institution's sale shall
2271be placed in an appropriate fund and used solely for student
2272scholarship and loan purposes. All moneys realized from such
2273sale by an airport, less its costs of storage, transportation,
2274and publication of notice, shall, unless another use is required
2275by federal law, be deposited into the state school fund.
2276     Section 32.  Section 705.182, Florida Statutes, is created
2277to read:
2278     705.182  Disposal of personal property found on the
2279premises of public-use airports.-
2280     (1)  Whenever any personal property, other than an aircraft
2281or motor vehicle, is found on premises owned or controlled by
2282the operator of a public-use airport, the director of the
2283airport or the director's designee shall take charge of the
2284property and make a record of the date such property was found.
2285     (2)  If, within 30 calendar days after such property is
2286found or for a longer period of time as may be deemed
2287appropriate by the director or the director's designee under the
2288circumstances, the property is not claimed by the owner, the
2289director or the director's designee may:
2290     (a)  Retain any or all of the property for use by the
2291airport or for use by the state or the unit of local government
2292owning or operating the airport;
2293     (b)  Trade such property to another unit of local
2294government or a state agency;
2295     (c)  Donate the property to a charitable organization;
2296     (d)  Sell the property; or
2297     (e)  Dispose of the property through an appropriate refuse
2298removal company or a company that provides salvage services for
2299the type of personal property found or located on the airport
2300premises.
2301     (3)  The airport shall notify the owner, if known, of the
2302property found on the airport premises and that the airport
2303intends to dispose of the property as provided in subsection
2304(2).
2305     (4)  If the airport elects to sell the property under
2306paragraph (2)(d), the property must be sold at a public auction
2307either on the Internet or at a specified physical location after
2308giving notice of the time and place of sale, at least 10
2309calendar days prior to the date of sale, in a publication of
2310general circulation within the county where the airport is
2311located and after written notice, via certified mail, return
2312receipt requested, is provided to the owner, if known. Any such
2313notice shall be sufficient if the notice refers to the airport's
2314intention to sell all then-accumulated found property, and there
2315is no requirement that the notice identify each item to be sold.
2316The rightful owner of such property may reclaim the property at
2317any time prior to sale by presenting acceptable evidence of
2318ownership to the airport director or the director's designee.
2319All proceeds from the sale of the property shall be retained by
2320the airport for use by the airport in any lawfully authorized
2321manner.
2322     (5)  Nothing in this section shall preclude the airport
2323from allowing a domestic or international air carrier or other
2324tenant, on premises owned or controlled by the operator of a
2325public-use airport, to establish its own lost and found
2326procedures for personal property and to dispose of such personal
2327property.
2328     (6)  A purchaser or recipient in good faith of personal
2329property sold or obtained under this section shall take the
2330property free of the rights of persons then holding any legal or
2331equitable interest thereto, whether or not recorded.
2332     Section 33.  Section 705.183, Florida Statutes, is created
2333to read:
2334     705.183  Disposal of derelict or abandoned aircraft on the
2335premises of public-use airports.-
2336     (1)(a)  Whenever any derelict or abandoned aircraft is
2337found or located on premises owned or controlled by the operator
2338of a public-use airport, whether or not such premises are under
2339a lease or license to a third party, the director of the airport
2340or the director's designee shall make a record of the date the
2341aircraft was found or determined to be present on the airport
2342premises.
2343     (b)  For purposes of this section, the term:
2344     1.  "Abandoned aircraft" means an aircraft that has been
2345disposed of on a public-use airport in a wrecked, inoperative,
2346or partially dismantled condition or an aircraft that has
2347remained in an idle state on premises owned or controlled by the
2348operator of a public-use airport for 45 consecutive calendar
2349days.
2350     2.  "Derelict aircraft" means any aircraft that is not in a
2351flyable condition, does not have a current certificate of air
2352worthiness issued by the Federal Aviation Administration, and is
2353not in the process of actively being repaired.
2354     (2)  The director or the director's designee shall contact
2355the Federal Aviation Administration, Aircraft Registration
2356Branch, to determine the name and address of the last registered
2357owner of the aircraft and shall make a diligent personal search
2358of the appropriate records, or contact an aircraft title search
2359company, to determine the name and address of any person having
2360an equitable or legal interest in the aircraft. Within 10
2361business days after receipt of the information, the director or
2362the director's designee shall notify the owner and all persons
2363having an equitable or legal interest in the aircraft by
2364certified mail, return receipt requested, of the location of the
2365derelict or abandoned aircraft on the airport premises, that
2366fees and charges for the use of the airport by the aircraft have
2367accrued and the amount thereof, that the aircraft is subject to
2368a lien under subsection (5) for the accrued fees and charges for
2369the use of the airport and for the transportation, storage, and
2370removal of the aircraft, that the lien is subject to enforcement
2371pursuant to law, and that the airport may cause the use, trade,
2372sale, or removal of the aircraft as described in s.
2373705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2374after the date of receipt of such notice, the aircraft has not
2375been removed from the airport upon payment in full of all
2376accrued fees and charges for the use of the airport and for the
2377transportation, storage, and removal of the aircraft. Such
2378notice may require removal of the aircraft in less than 30
2379calendar days if the aircraft poses a danger to the health or
2380safety of users of the airport, as determined by the director or
2381the director's designee.
2382     (3)  If the owner of the aircraft is unknown or cannot be
2383found, the director or the director's designee shall cause a
2384laminated notice to be placed upon such aircraft in
2385substantially the following form:
2386
2387NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2388PROPERTY. This property, to wit: ...(setting forth brief
2389description)... is unlawfully upon public property known as
2390...(setting forth brief description of location)... and has
2391accrued fees and charges for the use of the ...(same description
2392of location as above)... and for the transportation, storage,
2393and removal of the property. These accrued fees and charges must
2394be paid in full and the property must be removed within 30
2395calendar days after the date of this notice; otherwise, the
2396property will be removed and disposed of pursuant to chapter
2397705, Florida Statutes. The property is subject to a lien for all
2398accrued fees and charges for the use of the public property
2399known as ...(same description of location as above)... by such
2400property and for all fees and charges incurred by the public
2401property known as ...(same description of location as above)...
2402for the transportation, storage, and removal of the property.
2403This lien is subject to enforcement pursuant to law. The owner
2404will be liable for such fees and charges, as well as the cost
2405for publication of this notice. Dated this: ...(setting forth
2406the date of posting of notice)..., signed: ...(setting forth
2407name, title, address, and telephone number of law enforcement
2408officer)....
2409
2410Such notice shall be not less than 8 inches by 10 inches and
2411shall be sufficiently weatherproof to withstand normal exposure
2412to the weather. If, at the end of 30 calendar days after posting
2413the notice, the owner or any person interested in the described
2414derelict or abandoned aircraft has not removed the aircraft from
2415the airport upon payment in full of all accrued fees and charges
2416for the use of the airport and for the transportation, storage,
2417and removal of the aircraft, or shown reasonable cause for
2418failure to do so, the director or the director's designee may
2419cause the use, trade, sale, or removal of the aircraft as
2420described in s. 705.182(2)(a), (b), (d), or (e).
2421     (4)  Such aircraft shall be removed within the time period
2422specified in the notice provided under subsection (2) or
2423subsection (3). If, at the end of such period of time, the owner
2424or any person interested in the described derelict or abandoned
2425aircraft has not removed the aircraft from the airport upon
2426payment in full of all accrued fees and charges for the use of
2427the airport and for the transportation, storage, and removal of
2428the aircraft, or shown reasonable cause for the failure to do
2429so, the director or the director's designee may cause the use,
2430trade, sale, or removal of the aircraft as described in s.
2431705.182(2)(a), (b), (d), or (e).
2432     (a)  If the airport elects to sell the aircraft in
2433accordance with s. 705.182(2)(d), the aircraft must be sold at
2434public auction after giving notice of the time and place of
2435sale, at least 10 calendar days prior to the date of sale, in a
2436publication of general circulation within the county where the
2437airport is located and after providing written notice of the
2438intended sale to all parties known to have an interest in the
2439aircraft.
2440     (b)  If the airport elects to dispose of the aircraft in
2441accordance with s. 705.182(2)(e), the airport shall be entitled
2442to negotiate with the company for a price to be received from
2443such company in payment for the aircraft, or, if circumstances
2444so warrant, a price to be paid to such company by the airport
2445for the costs of disposing of the aircraft. All information
2446pertaining to the establishment of such price and the
2447justification for the amount of such price shall be prepared and
2448maintained by the airport, and such negotiated price shall be
2449deemed to be a commercially reasonable price.
2450     (c)  If the sale price or the negotiated price is less than
2451the airport's then current charges and costs against the
2452aircraft, or if the airport is required to pay the salvage
2453company for its services, the owner of the aircraft shall remain
2454liable to the airport for the airport's costs that are not
2455offset by the sale price or negotiated price, in addition to the
2456owner's liability for payment to the airport of the price the
2457airport was required to pay any salvage company. All costs
2458incurred by the airport in the removal, storage, and sale of any
2459aircraft shall be recoverable against the owner of the aircraft.
2460     (5)  The airport shall have a lien on a derelict or
2461abandoned aircraft for all fees and charges for the use of the
2462airport by such aircraft and for all fees and charges incurred
2463by the airport for the transportation, storage, and removal of
2464the aircraft. As a prerequisite to perfecting a lien under this
2465section, the airport director or the director's designee must
2466serve a notice in accordance with subsection (2) on the last
2467registered owner and all persons having an equitable or legal
2468interest in the aircraft. Serving the notice does not dispense
2469with recording the claim of lien.
2470     (6)(a)  For the purpose of perfecting its lien under this
2471section, the airport shall record a claim of lien which shall
2472state:
2473     1.  The name and address of the airport.
2474     2.  The name of the last registered owner of the aircraft
2475and all persons having a legal or equitable interest in the
2476aircraft.
2477     3.  The fees and charges incurred by the aircraft for the
2478use of the airport and the fees and charges for the
2479transportation, storage, and removal of the aircraft.
2480     4.  A description of the aircraft sufficient for
2481identification.
2482     (b)  The claim of lien shall be signed and sworn to or
2483affirmed by the airport director or the director's designee.
2484     (c)  The claim of lien shall be sufficient if it is in
2485substantially the following form:
2486
2487
CLAIM OF LIEN
2488State of ______
2489County of ______
2490Before me, the undersigned notary public, personally appeared
2491______, who was duly sworn and says that he/she is the
2492________of ________, whose address is________; and that the
2493following described aircraft:
2494...(Description of aircraft)...
2495owned by __________, whose address is ____________, has accrued
2496$___________in fees and charges for the use by the aircraft of
2497______________ and for the transportation, storage, and removal
2498of the aircraft from _______________; that the lienor served its
2499notice to the last registered owner and all persons having a
2500legal or equitable interest in the aircraft on ____,
2501...(year)..., by________.
2502...(Signature)...
2503Sworn to (or affirmed) and subscribed before me this _____day
2504of___, ...(year)..., by ...(name of person making statement)....
2505...(Signature of Notary Public)... ...(Print, Type, or Stamp
2506Commissioned name of Notary Public)...
2507Personally Known___OR Produced_____as identification.
2508
2509However, the negligent inclusion or omission of any information
2510in this claim of lien which does not prejudice the last
2511registered owner does not constitute a default that operates to
2512defeat an otherwise valid lien.
2513     (d)  The claim of lien shall be served on the last
2514registered owner of the aircraft and all persons having an
2515equitable or legal interest in the aircraft. The claim of lien
2516shall be so served before recordation.
2517     (e)  The claim of lien shall be recorded with the clerk of
2518court in the county where the airport is located. The recording
2519of the claim of lien shall be constructive notice to all persons
2520of the contents and effect of such claim. The lien shall attach
2521at the time of recordation and shall take priority as of that
2522time.
2523     (7)  A purchaser or recipient in good faith of an aircraft
2524sold or obtained under this section takes the property free of
2525the rights of persons then holding any legal or equitable
2526interest to the aircraft, whether or not recorded. The purchaser
2527or recipient is required to notify the appropriate Federal
2528Aviation Administration office of such change in the registered
2529owner of the aircraft.
2530     (8)  If the aircraft is sold at public sale, the airport
2531shall deduct from the proceeds of sale the costs of
2532transportation, storage, publication of notice, and all other
2533costs reasonably incurred by the airport, and any balance of the
2534proceeds shall be deposited into an interest-bearing account not
2535later than 30 calendar days after the airport's receipt of the
2536proceeds and held there for 1 year. The rightful owner of the
2537aircraft may claim the balance of the proceeds within 1 year
2538after the date of the deposit by making application to the
2539airport and presenting acceptable written evidence of ownership
2540to the airport's director or the director's designee. If no
2541rightful owner claims the proceeds within the 1-year period, the
2542balance of the proceeds shall be retained by the airport to be
2543used in any manner authorized by law.
2544     (9)  Any person acquiring a legal interest in an aircraft
2545that is sold by an airport under this section or s. 705.182
2546shall be the lawful owner of such aircraft and all other legal
2547or equitable interests in such aircraft shall be divested and of
2548no further force and effect, provided that the holder of any
2549such legal or equitable interests was notified of the intended
2550disposal of the aircraft to the extent required in this section.
2551The airport may issue documents of disposition to the purchaser
2552or recipient of an aircraft disposed of under this section.
2553     Section 34.  Section 705.184, Florida Statutes, is created
2554to read:
2555     705.184  Derelict or abandoned motor vehicles on the
2556premises of public-use airports.-
2557     (1)(a)  Whenever any derelict or abandoned motor vehicle is
2558found on premises owned or controlled by the operator of a
2559public-use airport, including airport premises leased to a third
2560party, the director of the airport or the director's designee
2561may take charge of the motor vehicle and make a record of the
2562date such motor vehicle was found.
2563     (b)  For purposes of this section, the term:
2564     1.  "Abandoned motor vehicle" means a motor vehicle that
2565has been disposed of on a public-use airport in a wrecked,
2566inoperative, or partially dismantled condition or a motor
2567vehicle that has remained in an idle state on the premises of a
2568public-use airport for 45 consecutive calendar days.
2569     2.  "Derelict motor vehicle" means any motor vehicle that
2570is not in a drivable condition.
2571     (c)  After the information relating to the abandoned or
2572derelict motor vehicle is recorded in the airport's records, the
2573director or the director's designee may cause the motor vehicle
2574to be removed from airport premises by the airport's wrecker or
2575by a licensed independent wrecker company to be stored at a
2576suitable location on or off the airport premises. If the motor
2577vehicle is to be removed from airport premises by the airport's
2578wrecker, the airport must follow the procedures in subsections
2579(2)-(8). The procedures in subsections (2)-(8) do not apply if
2580the motor vehicle is removed from the airport premises by a
2581licensed independent wrecker company.
2582     (2)  The airport director or the director's designee shall
2583contact the Department of Highway Safety and Motor Vehicles to
2584notify that department that the airport has possession of the
2585abandoned or derelict motor vehicle and to determine the name
2586and address of the owner of the motor vehicle, the insurance
2587company insuring the motor vehicle, notwithstanding the
2588provisions of s. 627.736, and any person who has filed a lien on
2589the motor vehicle. Within 7 business days after receipt of the
2590information, the director or the director's designee shall send
2591notice by certified mail, return receipt requested, to the owner
2592of the motor vehicle, the insurance company insuring the motor
2593vehicle, notwithstanding the provisions of s. 627.736, and all
2594persons of record claiming a lien against the motor vehicle. The
2595notice shall state the fact of possession of the motor vehicle,
2596that charges for reasonable towing, storage, and parking fees,
2597if any, have accrued and the amount thereof, that a lien as
2598provided in subsection (6) will be claimed, that the lien is
2599subject to enforcement pursuant to law, that the owner or
2600lienholder, if any, has the right to a hearing as set forth in
2601subsection (4), and that any motor vehicle which, at the end of
260230 calendar days after receipt of the notice, has not been
2603removed from the airport upon payment in full of all accrued
2604charges for reasonable towing, storage, and parking fees, if
2605any, may be disposed of as provided in s. 705.182(2)(a), (b),
2606(d), or (e), including, but not limited to, the motor vehicle
2607being sold free of all prior liens after 35 calendar days after
2608the time the motor vehicle is stored if any prior liens on the
2609motor vehicle are more than 5 years of age or after 50 calendar
2610days after the time the motor vehicle is stored if any prior
2611liens on the motor vehicle are 5 years of age or less.
2612     (3)  If attempts to notify the owner or lienholder pursuant
2613to subsection (2) are not successful, the requirement of notice
2614by mail shall be considered met and the director or the
2615director's designee, in accordance with subsection (5), may
2616cause the motor vehicle to be disposed of as provided in s.
2617705.182(2)(a), (b), (d), or (e), including, but not limited to,
2618the motor vehicle being sold free of all prior liens after 35
2619calendar days after the time the motor vehicle is stored if any
2620prior liens on the motor vehicle are more than 5 years of age or
2621after 50 calendar days after the time the motor vehicle is
2622stored if any prior liens on the motor vehicle are 5 years of
2623age or less.
2624     (4)(a)  The owner of, or any person with a lien on, a motor
2625vehicle removed pursuant to subsection (1), may, within 10
2626calendar days after the time he or she has knowledge of the
2627location of the motor vehicle, file a complaint in the county
2628court of the county in which the motor vehicle is stored to
2629determine if his or her property was wrongfully taken or
2630withheld.
2631     (b)  Upon filing a complaint, an owner or lienholder may
2632have his or her motor vehicle released upon posting with the
2633court a cash or surety bond or other adequate security equal to
2634the amount of the fees for towing, storage, and accrued parking,
2635if any, to ensure the payment of such fees in the event he or
2636she does not prevail. Upon the posting of the bond or other
2637adequate security and the payment of any applicable fee, the
2638clerk of the court shall issue a certificate notifying the
2639airport of the posting of the bond or other adequate security
2640and directing the airport to release the motor vehicle. At the
2641time of such release, after reasonable inspection, the owner or
2642lienholder shall give a receipt to the airport reciting any
2643claims he or she has for loss or damage to the motor vehicle or
2644the contents of the motor vehicle.
2645     (5)  If, after 30 calendar days after receipt of the
2646notice, the owner or any person claiming a lien has not removed
2647the motor vehicle from its storage location upon payment in full
2648of all accrued charges for reasonable towing, storage, and
2649parking fees, if any, or shown reasonable cause for the failure
2650to do so, the airport director or the director's designee may
2651dispose of the motor vehicle as provided in s. 705.182(2)(a),
2652(b), (d), or (e). If the airport elects to sell the motor
2653vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2654sold free of all prior liens after 35 calendar days after the
2655time the motor vehicle is stored if any prior liens on the motor
2656vehicle are more than 5 years of age or after 50 calendar days
2657after the time the motor vehicle is stored if any prior liens on
2658the motor vehicle are 5 years of age or less. The sale shall be
2659a public auction either on the Internet or at a specified
2660physical location. If the date of the sale was not included in
2661the notice required in subsection (2), notice of the sale, sent
2662by certified mail, return receipt requested, shall be given to
2663the owner of the motor vehicle and to all persons claiming a
2664lien on the motor vehicle. Such notice shall be mailed not less
2665than 10 calendar days before the date of the sale. In addition
2666to the notice by mail, public notice of the time and place of
2667the sale at auction shall be made by publishing a notice of the
2668sale at auction one time, at least 10 calendar days prior to the
2669date of sale, in a newspaper of general circulation in the
2670county in which the sale is to be held. All costs incurred by
2671the airport for the towing, storage, and sale of the motor
2672vehicle, as well as all accrued parking fees, if any, shall be
2673recovered by the airport from the proceeds of the sale, and any
2674proceeds of the sale in excess of such costs shall be retained
2675by the airport for use by the airport in any manner authorized
2676by law.
2677     (6)  The airport pursuant to this section or, if used, a
2678licensed independent wrecker company pursuant to s. 713.78 shall
2679have a lien on an abandoned or derelict motor vehicle for all
2680reasonable towing, storage, and accrued parking fees, if any,
2681except that no storage fee shall be charged if the motor vehicle
2682is stored less than 6 hours. As a prerequisite to perfecting a
2683lien under this section, the airport director or the director's
2684designee must serve a notice in accordance with subsection (2)
2685on the owner of the motor vehicle, the insurance company
2686insuring the motor vehicle, notwithstanding the provisions of s.
2687627.736, and all persons of record claiming a lien against the
2688motor vehicle. If attempts to notify the owner, the insurance
2689company insuring the motor vehicle, notwithstanding the
2690provisions of s. 627.736, or lienholders are not successful, the
2691requirement of notice by mail shall be considered met. Serving
2692of the notice does not dispense with recording the claim of
2693lien.
2694     (7)(a)  For the purpose of perfecting its lien under this
2695section, the airport shall record a claim of lien which shall
2696state:
2697     1.  The name and address of the airport.
2698     2.  The name of the owner of the motor vehicle, the
2699insurance company insuring the motor vehicle, notwithstanding
2700the provisions of s. 627.736, and all persons of record claiming
2701a lien against the motor vehicle.
2702     3.  The costs incurred from reasonable towing, storage, and
2703parking fees, if any.
2704     4.  A description of the motor vehicle sufficient for
2705identification.
2706     (b)  The claim of lien shall be signed and sworn to or
2707affirmed by the airport director or the director's designee.
2708     (c)  The claim of lien shall be sufficient if it is in
2709substantially the following form:
2710
2711
CLAIM OF LIEN
2712State of ______
2713County of ______
2714Before me, the undersigned notary public, personally appeared
2715______, who was duly sworn and says that he/she is the
2716________of _____________, whose address is________; and that the
2717following described motor vehicle:
2718...(Description of motor vehicle)...
2719owned by __________, whose address is ____________, has accrued
2720$___________in fees for a reasonable tow, for storage, and for
2721parking, if applicable; that the lienor served its notice to the
2722owner, the insurance company insuring the motor vehicle
2723notwithstanding the provisions of s. 627.736, Florida Statutes,
2724and all persons of record claiming a lien against the motor
2725vehicle on ____, ...(year)..., by________.
2726...(Signature)...
2727Sworn to (or affirmed) and subscribed before me this _____day
2728of___, ...(year)..., by ...(name of person making statement)....
2729...(Signature of Notary Public)... ...(Print, Type, or Stamp
2730Commissioned name of Notary Public)...
2731Personally Known___OR Produced_____as identification.
2732
2733However, the negligent inclusion or omission of any information
2734in this claim of lien which does not prejudice the owner does
2735not constitute a default that operates to defeat an otherwise
2736valid lien.
2737     (d)  The claim of lien shall be served on the owner of the
2738motor vehicle, the insurance company insuring the motor vehicle,
2739notwithstanding the provisions of s. 627.736, and all persons of
2740record claiming a lien against the motor vehicle. If attempts to
2741notify the owner, the insurance company insuring the motor
2742vehicle notwithstanding the provisions of s. 627.736, or
2743lienholders are not successful, the requirement of notice by
2744mail shall be considered met. The claim of lien shall be so
2745served before recordation.
2746     (e)  The claim of lien shall be recorded with the clerk of
2747court in the county where the airport is located. The recording
2748of the claim of lien shall be constructive notice to all persons
2749of the contents and effect of such claim. The lien shall attach
2750at the time of recordation and shall take priority as of that
2751time.
2752     (8)  A purchaser or recipient in good faith of a motor
2753vehicle sold or obtained under this section takes the property
2754free of the rights of persons then holding any legal or
2755equitable interest thereto, whether or not recorded.
2756     Section 35.  Paragraph (a) of subsection (12) of section
2757163.3180, Florida Statutes, is amended to read:
2758     163.3180  Concurrency.-
2759     (12)(a)  A development of regional impact may satisfy the
2760transportation concurrency requirements of the local
2761comprehensive plan, the local government's concurrency
2762management system, and s. 380.06 by payment of a proportionate-
2763share contribution for local and regionally significant traffic
2764impacts, if:
2765     1.  The development of regional impact which, based on its
2766location or mix of land uses, is designed to encourage
2767pedestrian or other nonautomotive modes of transportation;
2768     2.  The proportionate-share contribution for local and
2769regionally significant traffic impacts is sufficient to pay for
2770one or more required mobility improvements that will benefit a
2771regionally significant transportation facility;
2772     3.  The owner and developer of the development of regional
2773impact pays or assures payment of the proportionate-share
2774contribution; and
2775     4.  If the regionally significant transportation facility
2776to be constructed or improved is under the maintenance authority
2777of a governmental entity, as defined by s. 334.03(10)(12), other
2778than the local government with jurisdiction over the development
2779of regional impact, the developer is required to enter into a
2780binding and legally enforceable commitment to transfer funds to
2781the governmental entity having maintenance authority or to
2782otherwise assure construction or improvement of the facility.
2783
2784The proportionate-share contribution may be applied to any
2785transportation facility to satisfy the provisions of this
2786subsection and the local comprehensive plan, but, for the
2787purposes of this subsection, the amount of the proportionate-
2788share contribution shall be calculated based upon the cumulative
2789number of trips from the proposed development expected to reach
2790roadways during the peak hour from the complete buildout of a
2791stage or phase being approved, divided by the change in the peak
2792hour maximum service volume of roadways resulting from
2793construction of an improvement necessary to maintain the adopted
2794level of service, multiplied by the construction cost, at the
2795time of developer payment, of the improvement necessary to
2796maintain the adopted level of service. For purposes of this
2797subsection, "construction cost" includes all associated costs of
2798the improvement. Proportionate-share mitigation shall be limited
2799to ensure that a development of regional impact meeting the
2800requirements of this subsection mitigates its impact on the
2801transportation system but is not responsible for the additional
2802cost of reducing or eliminating backlogs. This subsection also
2803applies to Florida Quality Developments pursuant to s. 380.061
2804and to detailed specific area plans implementing optional sector
2805plans pursuant to s. 163.3245.
2806     Section 36.  Subsection (3) of section 288.063, Florida
2807Statutes, is amended to read:
2808     288.063  Contracts for transportation projects.-
2809     (3)  With respect to any contract executed pursuant to this
2810section, the term "transportation project" means a
2811transportation facility as defined in s. 334.03(28)(31) which is
2812necessary in the judgment of the Office of Tourism, Trade, and
2813Economic Development to facilitate the economic development and
2814growth of the state. Except for applications received prior to
2815July 1, 1996, such transportation projects shall be approved
2816only as a consideration to attract new employment opportunities
2817to the state or expand or retain employment in existing
2818companies operating within the state, or to allow for the
2819construction or expansion of a state or federal correctional
2820facility in a county with a population of 75,000 or less that
2821creates new employment opportunities or expands or retains
2822employment in the county. The Office of Tourism, Trade, and
2823Economic Development shall institute procedures to ensure that
2824small and minority businesses have equal access to funding
2825provided under this section. Funding for approved transportation
2826projects may include any expenses, other than administrative
2827costs and equipment purchases specified in the contract,
2828necessary for new, or improvement to existing, transportation
2829facilities. Funds made available pursuant to this section may
2830not be expended in connection with the relocation of a business
2831from one community to another community in this state unless the
2832Office of Tourism, Trade, and Economic Development determines
2833that without such relocation the business will move outside this
2834state or determines that the business has a compelling economic
2835rationale for the relocation which creates additional jobs.
2836Subject to appropriation for projects under this section, any
2837appropriation greater than $10 million shall be allocated to
2838each of the districts of the Department of Transportation to
2839ensure equitable geographical distribution. Such allocated funds
2840that remain uncommitted by the third quarter of the fiscal year
2841shall be reallocated among the districts based on pending
2842project requests.
2843     Section 37.  Paragraph (b) of subsection (3) of section
2844311.07, Florida Statutes, is amended to read:
2845     311.07  Florida seaport transportation and economic
2846development funding.-
2847     (3)
2848     (b)  Projects eligible for funding by grants under the
2849program are limited to the following port facilities or port
2850transportation projects:
2851     1.  Transportation facilities within the jurisdiction of
2852the port.
2853     2.  The dredging or deepening of channels, turning basins,
2854or harbors.
2855     3.  The construction or rehabilitation of wharves, docks,
2856structures, jetties, piers, storage facilities, cruise
2857terminals, automated people mover systems, or any facilities
2858necessary or useful in connection with any of the foregoing.
2859     4.  The acquisition of vessel tracking systems, container
2860cranes, or other mechanized equipment used in the movement of
2861cargo or passengers in international commerce.
2862     5.  The acquisition of land to be used for port purposes.
2863     6.  The acquisition, improvement, enlargement, or extension
2864of existing port facilities.
2865     7.  Environmental protection projects which are necessary
2866because of requirements imposed by a state agency as a condition
2867of a permit or other form of state approval; which are necessary
2868for environmental mitigation required as a condition of a state,
2869federal, or local environmental permit; which are necessary for
2870the acquisition of spoil disposal sites and improvements to
2871existing and future spoil sites; or which result from the
2872funding of eligible projects listed in this paragraph.
2873     8.  Transportation facilities as defined in s.
2874334.03(28)(31) which are not otherwise part of the Department of
2875Transportation's adopted work program.
2876     9.  Seaport intermodal access projects identified in the 5-
2877year Florida Seaport Mission Plan as provided in s. 311.09(3).
2878     10.  Construction or rehabilitation of port facilities as
2879defined in s. 315.02, excluding any park or recreational
2880facilities, in ports listed in s. 311.09(1) with operating
2881revenues of $5 million or less, provided that such projects
2882create economic development opportunities, capital improvements,
2883and positive financial returns to such ports.
2884     Section 38.  Subsection (7) of section 311.09, Florida
2885Statutes, is amended to read:
2886     311.09  Florida Seaport Transportation and Economic
2887Development Council.-
2888     (7)  The Department of Transportation shall review the list
2889of projects approved by the council for consistency with the
2890Florida Transportation Plan and the department's adopted work
2891program. In evaluating the consistency of a project, the
2892department shall determine whether the transportation impact of
2893the proposed project is adequately handled by existing state-
2894owned transportation facilities or by the construction of
2895additional state-owned transportation facilities as identified
2896in the Florida Transportation Plan and the department's adopted
2897work program. In reviewing for consistency a transportation
2898facility project as defined in s. 334.03(28)(31) which is not
2899otherwise part of the department's work program, the department
2900shall evaluate whether the project is needed to provide for
2901projected movement of cargo or passengers from the port to a
2902state transportation facility or local road. If the project is
2903needed to provide for projected movement of cargo or passengers,
2904the project shall be approved for consistency as a consideration
2905to facilitate the economic development and growth of the state
2906in a timely manner. The Department of Transportation shall
2907identify those projects which are inconsistent with the Florida
2908Transportation Plan and the adopted work program and shall
2909notify the council of projects found to be inconsistent.
2910     Section 39.  Paragraph (c) of subsection (5) of section
2911316.515, Florida Statutes, is amended to read:
2912     316.515  Maximum width, height, length.-
2913     (5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2914AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2915     (c)  The width and height limitations of this section do
2916not apply to farming or agricultural equipment, whether self-
2917propelled, pulled, or hauled, when temporarily operated during
2918daylight hours upon a public road that is not a limited access
2919facility as defined in s. 334.03(11)(13), and the width and
2920height limitations may be exceeded by such equipment without a
2921permit. To be eligible for this exemption, the equipment shall
2922be operated within a radius of 50 miles of the real property
2923owned, rented, or leased by the equipment owner. However,
2924equipment being delivered by a dealer to a purchaser is not
2925subject to the 50-mile limitation. Farming or agricultural
2926equipment greater than 174 inches in width must have one warning
2927lamp mounted on each side of the equipment to denote the width
2928and must have a slow-moving vehicle sign. Warning lamps required
2929by this paragraph must be visible from the front and rear of the
2930vehicle and must be visible from a distance of at least 1,000
2931feet.
2932     Section 40.  Section 336.01, Florida Statutes, is amended
2933to read:
2934     336.01  Designation of county road system.-The county road
2935system shall be as defined in s. 334.03(6)(8).
2936     Section 41.  Subsection (2) of section 338.222, Florida
2937Statutes, is amended to read:
2938     338.222  Department of Transportation sole governmental
2939entity to acquire, construct, or operate turnpike projects;
2940exception.-
2941     (2)  The department may contract with any local
2942governmental entity as defined in s. 334.03(12)(14) for the
2943design, right-of-way acquisition, or construction of any
2944turnpike project which the Legislature has approved. Local
2945governmental entities may negotiate with the department for the
2946design, right-of-way acquisition, and construction of any
2947section of the turnpike project within areas of their respective
2948jurisdictions or within counties with which they have interlocal
2949agreements.
2950     Section 42.  Subsection (2) of section 341.8225, Florida
2951Statutes, is amended to read:
2952     341.8225  Department of Transportation sole governmental
2953entity to acquire, construct, or operate high-speed rail
2954projects; exception.-
2955     (2)  Local governmental entities, as defined in s.
2956334.03(12)(14), may negotiate with the department for the
2957design, right-of-way acquisition, and construction of any
2958component of the high-speed rail system within areas of their
2959respective jurisdictions or within counties with which they have
2960interlocal agreements.
2961     Section 43.  Subsection (1) of section 479.07, Florida
2962Statutes, is amended to read:
2963     479.07  Sign permits.-
2964     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2965person may not erect, operate, use, or maintain, or cause to be
2966erected, operated, used, or maintained, any sign on the State
2967Highway System outside an urban area, as defined in s.
2968334.03(29)(32), or on any portion of the interstate or federal-
2969aid primary highway system without first obtaining a permit for
2970the sign from the department and paying the annual fee as
2971provided in this section. As used in this section, the term "on
2972any portion of the State Highway System, interstate, or federal-
2973aid primary system" means a sign located within the controlled
2974area which is visible from any portion of the main-traveled way
2975of such system.
2976     Section 44.  Section 479.156, Florida Statutes, is amended
2977to read:
2978     479.156  Wall murals.-Notwithstanding any other provision
2979of this chapter, a municipality or county may permit and
2980regulate wall murals within areas designated by such government.
2981If a municipality or county permits wall murals, a wall mural
2982that displays a commercial message and is within 660 feet of the
2983nearest edge of the right-of-way within an area adjacent to the
2984interstate highway system or the federal-aid primary highway
2985system shall be located in an area that is zoned for industrial
2986or commercial use and the municipality or county shall establish
2987and enforce regulations for such areas that, at a minimum, set
2988forth criteria governing the size, lighting, and spacing of wall
2989murals consistent with the intent of the Highway Beautification
2990Act of 1965 and with customary use. Whenever a municipality or
2991county exercises such control and makes a determination of
2992customary use pursuant to 23 U.S.C. s. 131(d), such
2993determination shall be accepted in lieu of controls in the
2994agreement between the state and the United States Department of
2995Transportation, and the department shall notify the Federal
2996Highway Administration pursuant to the agreement, 23 U.S.C. s.
2997131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
2998subject to municipal or county regulation and the Highway
2999Beautification Act of 1965 must be approved by the Department of
3000Transportation and the Federal Highway Administration when
3001required by federal law and federal regulation under the
3002agreement between the state and the United States Department of
3003Transportation and federal regulations enforced by the
3004Department of Transportation under s. 479.02(1). The existence
3005of a wall mural as defined in s. 479.01(30)(27) shall not be
3006considered in determining whether a sign as defined in s.
3007479.01(20)(17), either existing or new, is in compliance with s.
3008479.07(9)(a).
3009     Section 45.  Subsection (5) of section 479.261, Florida
3010Statutes, is amended to read:
3011     479.261  Logo sign program.-
3012     (5)  At a minimum, permit fees for businesses that
3013participate in the program must be established in an amount
3014sufficient to offset the total cost to the department for the
3015program, including contract costs. The department shall provide
3016the services in the most efficient and cost-effective manner
3017through department staff or by contracting for some or all of
3018the services. The department shall adopt rules that set
3019reasonable rates based upon factors such as population, traffic
3020volume, market demand, and costs for annual permit fees.
3021However, annual permit fees for sign locations inside an urban
3022area, as defined in s. 334.03(29)(32), may not exceed $5,000,
3023and annual permit fees for sign locations outside an urban area,
3024as defined in s. 334.03(29)(32), may not exceed $2,500. After
3025recovering program costs, the proceeds from the annual permit
3026fees shall be deposited into the State Transportation Trust Fund
3027and used for transportation purposes.
3028     Section 46.  This act shall take effect July 1, 2010.


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