November 23, 2020
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CS/CS/CS/HB 1271

1
A bill to be entitled
2An act relating to transportation; amending s. 20.23,
3F.S.; authorizing the Department of Transportation 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; amending s. 212.055, F.S.; providing that the
8county commission may apply the proceeds from the charter
9county transportation system surtax to the planning,
10development, construction, expansion, operation, and
11maintenance of on-demand transportation services; defining
12the term "on-demand transportation services"; amending s.
13310.0015, F.S., relating to pilotage rates; providing for
14such rates to be set by the Pilotage Rate Review Committee
15to conform to changes made by the act; amending s.
16310.002, F.S.; revising the definition of the term
17"pilotage" to conform to changes made by the act; amending
18s. 310.011, F.S.; revising the membership of the Board of
19Pilot Commissioners; amending s. 310.151, F.S.;
20redesignating the "Pilotage Rate Review Board" as the
21"Pilotage Rate Review Committee"; providing that the
22committee is part of the Board of Pilot Commissioners;
23revising membership and providing for appointment of
24members from among the commissioners; requiring members to
25comply with specified disclosure requirements; providing
26that decisions of the committee regarding rates are not
27appealable to the board; directing the Governor to make
28certain appointments to the Board of Pilot Commissioners
29before a certain date; repealing s. 315.03(12)(c), F.S.,
30relating to legislative review of a loan program of the
31Florida Seaport Transportation and Economic Development
32Council; amending s. 316.003, F.S.; defining the term
33"motor carrier transportation contract" for purposes of
34the Florida Uniform Traffic Control Law; amending s.
35316.1001, F.S.; revising the method to be used to provide
36notice following the issuance of a citation for failure to
37pay a toll; providing that receipt of the citation rather
38than its mailing constitutes notification; authorizing any
39governmental entity, including the clerk of court, to
40provide certain data to the Department of Highway Safety
41and Motor Vehicles regarding outstanding violations for
42failure to pay tolls; amending s. 316.302, F.S.; revising
43reference to specified federal rules and regulations
44applicable to owners and drivers of commercial motor
45vehicles engaged in intrastate commerce; providing that
46certain indemnification provisions in motor carrier
47transportation contracts are against public policy and are
48void and unenforceable; defining the term "promisee," as
49used in motor carrier transportation contracts; provides
50an exception to such definition; providing for application
51to certain contracts; amending s. 316.515, F.S.;
52conforming a cross-reference; amending s. 316.545, F.S.;
53providing for a reduction in the gross weight of certain
54vehicles equipped with idle-reduction technologies when
55calculating a penalty for exceeding maximum weight limits;
56requiring the operator to provide certification of the
57weight of the idle-reduction technology and to demonstrate
58or certify that the idle-reduction technology is fully
59functional at all times; amending s. 316.550, F.S.;
60authorizing the department or local authority to issue
61permits for certain vehicles to operate on certain routes;
62providing restrictions on routes; providing conditions
63when vehicles must be unloaded; conforming a cross-
64reference; amending s. 318.18, F.S.; revising provisions
65for distribution of proceeds collected by the clerk of the
66court for disposition of citations for failure to pay a
67toll; providing alternative procedures for disposition of
68such citation; providing for adjudication to be withheld
69and no points assessed against the driver's license unless
70adjudication is imposed by a court; authorizing a court to
71direct the department to suspend a person's driver's
72license for violations involving the failure to pay tolls;
73amending s. 320.03, F.S.; clarifying provisions requiring
74that the tax collector withhold issuance of a license
75plate or revalidation sticker if certain fines are
76outstanding; amending s. 320.08, F.S.; providing that
77specified license tax provisions apply to wreckers used
78for certain purposes; amending s. 320.08058, F.S.;
79revising authorized uses of revenue received from the sale
80of United We Stand license plates; amending s. 322.27,
81F.S.; providing for assessment of points against a
82driver's license for specified violations of requirements
83to pay a toll only when the points are imposed by a court;
84repealing s. 332.14, F.S., relating to the Secure Airports
85for Florida's Economy Council; providing for the use of
86funds accrued by the Secure Airports for Florida's Economy
87Council; amending s. 337.14, F.S.; revising application
88procedures for the qualification of contractors; requiring
89any required interim financial statement to be accompanied
90by an updated application; amending s. 337.401, F.S.;
91revising provisions for rules of the department that
92provide for the placement of and access to certain
93electrical transmission lines on the right-of-way of
94department-controlled roads; authorizing the rules to
95include that the use of the limited access right-of-way
96for longitudinal placement of such transmission lines is
97reasonable based upon consideration of certain economic
98and environmental factors; providing that removal or
99relocation of a transmission line shall be at the expense
100of the utility; amending s. 337.406, F.S.; prohibiting
101camping on certain parts of the right-of-way of the State
102Highway System; amending s. 338.155, F.S.; authorizing the
103department to adopt rules relating to the payment,
104collection, and enforcement of tolls; amending ss. 341.051
105and 341.3025, F.S.; requiring the use of universal common
106contactless fare media on new or upgraded public rail
107transit systems or public transit systems connecting to
108such rail systems; amending s. 343.64, F.S.; authorizing
109the Central Florida Regional Transportation Authority to
110borrow funds under certain circumstances; amending s.
111348.51, F.S.; revising the definition for the term "bonds"
112when used in the Tampa-Hillsborough County Expressway
113Authority Law; amending s. 348.545, F.S.; authorizing
114certain costs to be financed by bonds issued on behalf of
115the Tampa-Hillsborough County Expressway Authority
116pursuant to the State Bond Act or bonds issued by the
117authority under specified provisions; amending s. 348.56,
118F.S.; authorizing bonds to be issued on behalf of the
119authority pursuant to the State Bond Act or issued by the
120authority under specified provisions; revising
121requirements for such bonds; requiring the bonds to be
122sold at public sale; authorizing the authority to
123negotiate the sale of bonds with underwriters under
124certain circumstances; amending s. 348.565, F.S.;
125providing that facilities of the expressway system are
126approved to be refinanced by the revenue bonds issued by
127the Division of Bond Finance of the State Board of
128Administration and the State Bond Act or by revenue bonds
129issued by the authority; providing that certain projects
130of the authority are approved for financing or refinancing
131by revenue bonds; amending s. 348.57, F.S.; authorizing
132the authority to provide for the issuance of certain bonds
133for the refunding of bonds outstanding regardless of
134whether the bonds being refunded were issued by the
135authority or on behalf of the authority; amending s.
136348.70, F.S.; providing that the Tampa-Hillsborough County
137Expressway Authority Law does not repeal, rescind, or
138modify any other laws; providing that such law supersedes
139laws that are inconsistent with the provisions of that
140law; creating pt. XI of ch. 348, F.S., titled "Osceola
141County Expressway Authority"; providing a short title;
142providing definitions; creating the Osceola County
143Expressway Authority as an agency of the state; providing
144for a governing body of the authority; providing for
145membership, terms, organization, personnel, and
146administration; authorizing payment of travel and other
147expenses; directing the authority to cooperate with and
148participate in any efforts to establish a regional
149expressway authority; providing that the authority is not
150eligible for voting membership in certain metropolitan
151planning organizations; providing purposes and powers of
152the authority for acquisition, construction, expansion,
153maintenance, improvement, operation, ownership, and
154leasing of the Osceola County Expressway System; providing
155for use of certain funds to pay or secure obligations;
156authorizing use of the Osceola County gasoline tax under
157certain conditions; authorizing the authority to enter
158into partnerships and other agreements; authorizing the
159authority to construct, operate, and maintain roads,
160bridges, avenues of access, thoroughfares, and boulevards,
161and electronic toll payment systems thereon, outside the
162jurisdictional boundaries of Osceola County; authorizing
163the authority to enter into an interlocal agreement with
164the Orlando-Orange County Expressway Authority to
165coordinate and plan for projects; prohibiting the
166authority from pledging the credit or taxing power of the
167state; requiring consent of local and county jurisdictions
168prior to acquisition of rights-of-way; requiring consent
169of local and county jurisdictions for agreements that
170would restrict construction of roads; providing for bond
171financing of improvements to certain facilities; providing
172for issuance and sale of bonds; providing for the
173employment of fiscal agents; authorizing the State Board
174of Administration to act as fiscal agent; providing
175approval of certain facilities that have been financed by
176the issuance of bonds or other evidence of indebtedness;
177providing for rights and remedies granted to bondholders;
178providing for appointment of a trustee to represent the
179bondholders; providing for appointment of a receiver to
180take possession of, operate, and maintain the system;
181providing for lease of the system to the department under
182a lease-purchase agreement; authorizing the department to
183act in place of the authority under terms of the lease-
184purchase agreement; requiring approval by the county for
185certain provisions of the lease-purchase agreement;
186providing that upon termination of such lease-purchase
187agreement title to the system shall be transferred to the
188state; providing that no pledge of Osceola County gasoline
189tax funds as rentals under such lease-purchase agreement
190shall be made without the consent of Osceola County;
191authorizing the department to expend a limited amount of
192funds; providing that the system is part of the state road
193system; providing for the authority to appoint the
194department as its agent for certain construction purposes;
195authorizing the authority to acquire property; authorizing
196the authority to exercise eminent domain; limiting
197liability of the authority for preexisting contamination
198of an acquired property; providing for remedial acts
199necessary due to such contamination; authorizing
200agreements between the authority and other entities;
201providing pledge of the state to bondholders; exempting
202the authority from taxation; providing that investment in
203such bonds or other obligations constitutes legal
204investments; providing that such bonds are eligible for
205deposit as security for state, municipal, and other public
206funds; providing that pledges shall be enforceable by
207bondholders; providing for application and construction of
208the part; authorizing certain audits of the authority by
209the Osceola County auditor; requiring reports of such
210audits to be submitted to the authority and the governing
211body of Osceola County; providing for dissolution of the
212authority under certain circumstances; amending s.
213369.317, F.S.; providing that certain activity relating to
214mitigation of certain environmental impacts in the Wekiva
215Study Area or the Wekiva parkway alignment corridor meet
216specified impact requirements under certain conditions;
217amending s. 373.41492, F.S.; increasing the mitigation fee
218for mining activities in the Miami-Dade County Lake Belt;
219suspending an annual increase in the mitigation fee;
220revising the frequency of an interagency committee report;
221amending s. 403.4131, F.S.; removing provisions relating
222to a report on the adopt-a-highway program; amending s.
223479.01, F.S.; defining the terms "allowable uses,"
224"commercial use," "industrial use," and "zoning category"
225and revising the definition of the terms "commercial or
226industrial zone" and "main-traveled way" for purposes of
227provisions relating to outdoor advertising; conforming
228cross-references; amending s. 479.07, F.S.; providing for
229the placement of new or replacement signs erected on an
230interstate highway in certain areas; requiring such sign
231to be located on land designated for commercial or
232industrial use under the future land use map and land use
233development regulations; exempting such location from
234specified evaluation criteria; amending s. 479.261, F.S.;
235removing a provision authorizing the Department of
236Transportation to rotate certain logo signs relating to
237gas, food, and lodging services on the rights-of-way of
238the interstate highway system during a specified period;
239reducing the annual permit fees for businesses
240participating in the interstate highway logo sign program;
241designating pts. I and II of ch. 479, F.S., entitled
242"General Provisions" and "Special Programs," respectively;
243creating pt. III of ch. 479, F.S., entitled "Sign
244Removal"; creating s. 479.310, F.S.; providing intent
245relating to unpermitted and illegal signs; placing
246financial responsibility for the removal of such signs;
247providing the department authority to recover costs of
248removal of such signs; creating s. 479.311, F.S.,
249providing jurisdiction to consider claims to recover
250costs; defining the term "venue" for the purposes of a
251claim filed by the department; creating s. 479.312, F.S.;
252providing that costs incurred by the department in
253removing certain signs shall be assessed against certain
254individuals; providing presumption of a ownership;
255creating s. 479.313, F.S.; providing for the assessment of
256the cost of removal for signs following the revocation of
257a sign permit; creating s. 479.315, F.S.; providing for
258the assessment of the cost of removal of signs located
259within a highway right-of-way; amending s. 705.18, F.S.;
260removing provisions for disposal of personal property lost
261or abandoned at certain public-use airports; creating s.
262705.182, F.S.; providing for disposal of personal property
263found on premises owned or controlled by the operator of a
264public-use airport; providing a timeframe for the property
265to be claimed; providing options for disposing of such
266personal property; providing procedures for selling
267abandoned personal property; providing for notice of sale;
268providing that the rightful owner of such property may
269reclaim the property at any time prior to sale; permitting
270airport tenants to establish lost and found procedures;
271providing that purchaser holds title to the property free
272of the rights of persons then holding any legal or
273equitable interest thereto; creating s. 705.183, F.S.;
274providing for disposition of derelict or abandoned
275aircraft on the premises of public-use airports; providing
276procedures for such disposition; requiring a record of
277when the aircraft is found; defining the terms "derelict
278aircraft" and "abandoned aircraft"; providing for
279notification of aircraft owner and all persons having an
280equitable or legal interest in the aircraft; providing for
281notice if the owner of the aircraft is unknown or cannot
282be found; providing for disposition if the aircraft is not
283removed upon payment of required fees; requiring any sale
284of the aircraft to be at a public auction; providing
285notice requirements for such public auction; providing
286procedures for disposal of the aircraft; providing for
287liability if charges and costs related to the disposition
288are more than that obtained from the sale; providing for a
289lien by the airport for fees and charges; providing for
290notice of lien; requiring recording of a claim of lien;
291providing for the form of the claim of lien; providing for
292service of the claim of lien; providing that the purchaser
293of the aircraft takes the property free of rights of
294persons holding legal or equitable interest in the
295aircraft; requiring purchaser or recipient to notify the
296Federal Aviation Administration of change in ownership;
297providing for disposition of moneys received for an
298aircraft sold at public sale; authorizing the airport to
299issue documents relating to the aircraft's disposal;
300creating s. 705.184, F.S.; providing for disposition of
301derelict or abandoned motor vehicles on the premises of
302public-use airports; providing procedures; requiring
303recording of the abandoned motor vehicle; defining the
304terms "derelict motor vehicle" and "abandoned motor
305vehicle"; providing for removal of such motor vehicle from
306airport premises; providing for notice to the owner, the
307company insuring the motor vehicle, and any lienholder;
308providing for disposition if the motor vehicle is not
309removed upon payment of required fees; requiring any sale
310of the motor vehicle to be at a public auction; providing
311notice requirements for such public auction; providing
312procedures for disposal of the motor vehicle; providing
313for a lien by the airport or a licensed independent
314wrecker for fees and charges; providing for notice of
315lien; requiring recording of a claim of lien; providing
316for the form of the claim of lien; providing for service
317of claim of lien; providing that the purchaser of the
318motor vehicle takes the property free of the rights of
319persons holding legal or equitable interest in the motor
320vehicle; amending s. 479.156, F.S.; conforming cross-
321references; providing an effective date.
322
323Be It Enacted by the Legislature of the State of Florida:
324
325     Section 1.  Subsection (7) of section 20.23, Florida
326Statutes, as amended by chapter 2009-271, Laws of Florida, is
327renumbered as subsection (8), and a new subsection (7) is added
328to that section to read:
329     20.23  Department of Transportation.-There is created a
330Department of Transportation which shall be a decentralized
331agency.
332     (7)  The department is authorized to continue to grant a
333pay additive of $75 per pay period for law enforcement officers
334assigned to the Office of Motor Carrier Compliance who maintain
335certification by the Commercial Vehicle Safety Alliance.
336     Section 2.  Subsection (1) of section 212.055, Florida
337Statutes, is amended to read:
338     212.055  Discretionary sales surtaxes; legislative intent;
339authorization and use of proceeds.-It is the legislative intent
340that any authorization for imposition of a discretionary sales
341surtax shall be published in the Florida Statutes as a
342subsection of this section, irrespective of the duration of the
343levy. Each enactment shall specify the types of counties
344authorized to levy; the rate or rates which may be imposed; the
345maximum length of time the surtax may be imposed, if any; the
346procedure which must be followed to secure voter approval, if
347required; the purpose for which the proceeds may be expended;
348and such other requirements as the Legislature may provide.
349Taxable transactions and administrative procedures shall be as
350provided in s. 212.054.
351     (1)  CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX.-
352     (a)  Each charter county that has adopted a charter, and
353each county the government of which is consolidated with that of
354one or more municipalities, may levy a discretionary sales
355surtax, subject to approval by a majority vote of the electorate
356of the county or by a charter amendment approved by a majority
357vote of the electorate of the county.
358     (b)  The rate shall be up to 1 percent.
359     (c)  The proposal to adopt a discretionary sales surtax as
360provided in this subsection and to create a trust fund within
361the county accounts shall be placed on the ballot in accordance
362with law at a time to be set at the discretion of the governing
363body.
364     (d)  Proceeds from the surtax shall be applied to as many
365or as few of the uses enumerated below in whatever combination
366the county commission deems appropriate:
367     1.  Deposited by the county in the trust fund and shall be
368used for the purposes of development, construction, equipment,
369maintenance, operation, supportive services, including a
370countywide bus system, on-demand transportation services, and
371related costs of a fixed guideway rapid transit system;
372     2.  Remitted by the governing body of the county to an
373expressway, transit, or transportation authority created by law
374to be used, at the discretion of such authority, for the
375development, construction, operation, or maintenance of roads or
376bridges in the county;, for the operation and maintenance of a
377bus system; for the operation and maintenance of on-demand
378transportation services;, for the payment of principal and
379interest on existing bonds issued for the construction of such
380roads or bridges;, and, upon approval by the county commission,
381such proceeds may be pledged for bonds issued to refinance
382existing bonds or new bonds issued for the construction of such
383roads or bridges;
384     3.  Used by the charter county for the development,
385construction, operation, and maintenance of roads and bridges in
386the county; for the expansion, operation, and maintenance of bus
387and fixed guideway systems; for the expansion, operation, and
388maintenance of on-demand transportation services; and for the
389payment of principal and interest on bonds issued for the
390construction of fixed guideway rapid transit systems, bus
391systems, roads, or bridges; and such proceeds may be pledged by
392the governing body of the county for bonds issued to refinance
393existing bonds or new bonds issued for the construction of such
394fixed guideway rapid transit systems, bus systems, roads, or
395bridges and no more than 25 percent used for nontransit uses;
396and
397     4.  Used by the charter county for the planning,
398development, construction, operation, and maintenance of roads
399and bridges in the county; for the planning, development,
400expansion, operation, and maintenance of bus and fixed guideway
401systems; for the planning, development, construction, operation,
402and maintenance of on-demand transportation services; and for
403the payment of principal and interest on bonds issued for the
404construction of fixed guideway rapid transit systems, bus
405systems, roads, or bridges; and such proceeds may be pledged by
406the governing body of the county for bonds issued to refinance
407existing bonds or new bonds issued for the construction of such
408fixed guideway rapid transit systems, bus systems, roads, or
409bridges. Pursuant to an interlocal agreement entered into
410pursuant to chapter 163, the governing body of the charter
411county may distribute proceeds from the tax to a municipality,
412or an expressway or transportation authority created by law to
413be expended for the purpose authorized by this paragraph. Any
414charter county that has entered into interlocal agreements for
415distribution of proceeds to one or more municipalities in the
416county shall revise such interlocal agreements no less than
417every 5 years in order to include any municipalities that have
418been created since the prior interlocal agreements were
419executed.
420     (e)  As used in this subsection, the term "on-demand
421transportation services" means transportation provided between
422flexible points of origin and destination selected by individual
423users with such service being provided at a time that is agreed
424upon by the user and the provider of the service and that is not
425fixed-schedule or fixed-route in nature.
426     Section 3.  Paragraph (b) of subsection (3) of section
427310.0015, Florida Statutes, is amended to read:
428     310.0015  Piloting regulation; general provisions.-
429     (3)  The rate-setting process, the issuance of licenses
430only in numbers deemed necessary or prudent by the board, and
431other aspects of the economic regulation of piloting established
432in this chapter are intended to protect the public from the
433adverse effects of unrestricted competition which would result
434from an unlimited number of licensed pilots being allowed to
435market their services on the basis of lower prices rather than
436safety concerns. This system of regulation benefits and protects
437the public interest by maximizing safety, avoiding uneconomic
438duplication of capital expenses and facilities, and enhancing
439state regulatory oversight. The system seeks to provide pilots
440with reasonable revenues, taking into consideration the normal
441uncertainties of vessel traffic and port usage, sufficient to
442maintain reliable, stable piloting operations. Pilots have
443certain restrictions and obligations under this system,
444including, but not limited to, the following:
445     (b)  Pilots may not unilaterally determine the pilotage
446rates they charge. Such pilotage rates shall instead be
447determined by the Pilotage Rate Review Committee Board, in the
448public interest, as set forth in s. 310.151.
449     Section 4.  Subsection (7) of section 310.002, Florida
450Statutes, is amended to read:
451     310.002  Definitions.-As used in this chapter, except where
452the context clearly indicates otherwise:
453     (7)  "Pilotage" means the compensation fixed by the
454Pilotage Rate Review Committee Board which is payable by a
455vessel, its owners, agents, charterers, or consignees to one or
456more pilots in the port where piloting is performed. The word
457"pilotage" also means the compensation of all types and sources
458derived by one or more pilots or deputy pilots for the
459performance of piloting at that port by licensed pilots or by
460certificated deputy pilots, whether such piloting is performed
461pursuant to this chapter or is performed by state-licensed
462pilots or state-certificated deputy pilots when acting as a
463federal pilot for vessels not required by this chapter to use a
464state-licensed pilot or state-certificated deputy pilot.
465     Section 5.  Section 310.011, Florida Statutes, is amended
466to read:
467     310.011  Board of Pilot Commissioners.-
468     (1)  A board is established within the Division of
469Professions of the Department of Business and Professional
470Regulation to be known as the Board of Pilot Commissioners. The
471board shall be composed of 10 members, to be appointed by the
472Governor, 5 of whom shall be licensed state pilots actively
473practicing their profession, 2 of whom shall be actively
474involved in a professional or business capacity in maritime or
475marine shipping or the commercial passenger cruise industry, 1
476of whom shall be a certified public accountant with at least 5
477years of experience in financial management, and 2 of whom shall
478be citizens of the state. The board shall perform such duties
479and possess and exercise such powers relative to the protection
480of the waters, harbors, and ports of this state as are
481prescribed and conferred on it in this chapter.
482     (2)  In accordance with the requirements of subsection (1),
483the Governor shall appoint five licensed state pilots who are
484actively practicing their profession and five citizens of the
485state who are not pilots, one of whom shall be actively involved
486in a professional or business capacity in maritime or marine
487shipping, one of whom shall be a user of piloting services, and
488three of whom shall not be involved or monetarily interested in
489the piloting profession or in the maritime industry or marine
490shipping, to constitute the members of the board. For purposes
491of this subsection, a "user of piloting services" may include
492any person with an ownership interest in a business that
493regularly employs licensed state pilots or certificated deputy
494pilots for the purpose of delivering piloting services, or any
495person who is a direct employee of, and who is employed in a
496management position for, that business. Each member shall be
497appointed for a term of 4 years. The Governor shall have power
498to remove members of the board from office for neglect of duty
499required by this chapter, for incompetency, or for
500unprofessional conduct. Any vacancy which may occur in the board
501in consequence of death, resignation, removal from the state, or
502other cause shall be filled for the unexpired term by the
503Governor in the same manner. A majority of those serving on the
504board shall constitute a quorum.
505     (3)  In appointing members to the board who are pilots, the
506Governor shall appoint one member from the state at large; one
507member from any of the following ports: Pensacola, Panama City,
508or Port St. Joe; one member from any of the following ports:
509Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
510West; one member from any of the following ports: Fernandina,
511Jacksonville, or Port Canaveral; and one member from any of the
512following ports: Ft. Pierce, Miami, Port Everglades, or Palm
513Beach.
514     Section 6.  Section 310.151, Florida Statutes, is amended
515to read:
516     310.151  Rates of pilotage; Pilotage Rate Review Committee
517Board.-
518     (1)(a)  As used in For the purposes of this section, the
519term:
520     1.  "Committee" "board" means the Pilotage Rate Review
521Committee established under this section as part of the Board of
522Pilot Commissioners.
523     2.  "Board" means the Board of Pilot Commissioners.
524     (b)1.  To carry out the provisions of this section, the
525Pilotage Rate Review Committee Board is established as part of
526the Board of Pilot Commissioners created within the Department
527of Business and Professional Regulation. Members shall be
528appointed by the Governor, subject to confirmation by the
529Senate. Members shall be appointed for 4-year terms, except as
530otherwise specified in this paragraph. No member may serve more
531than two consecutive 4-year terms or more than 11 years on the
532board. The committee board shall consist of seven members of the
533board, two of whom shall be licensed state pilots who are
534actively practicing their profession who shall be appointed by
535majority vote of the licensed state pilots serving on the board,
536two of whom shall be actively involved in a professional or
537business capacity in maritime or marine shipping or the
538commercial passenger cruise industry, one of whom shall be a
539certified public accountant with at least 5 years of experience
540in financial management, and two shall be citizens of the state.
541No member may have ever served as a state pilot or deputy pilot,
542and no member may currently serve or have served as a direct
543employee, contract employee, partner, corporate officer, sole
544proprietor, or representative of any vessel operator, shipping
545agent, or pilot association or organization, except that one
546member shall be or have been a person licensed by the United
547States Coast Guard as an unlimited master, without a first-class
548pilot's endorsement, initially appointed to a 2-year term. One
549member shall be a certified public accountant with at least 5
550years' experience in financial management, initially appointed
551to a 3-year term. One member shall be a former hearing officer
552or administrative law judge of the Division of Administrative
553Hearings, as defined in s. 120.65, or a former judge who has
554served on the Supreme Court or any district court of appeal,
555circuit court, or county court, initially appointed to a 4-year
556term. Except as otherwise provided in subparagraph 2., the
557remaining members shall be appointed by the Governor from among
558persons not prohibited pursuant to this paragraph. Members of
559the board shall be appointed so as to be geographically
560distributed, with the southern, central, northeastern, and
561northwestern regions of the state having at least one member
562each.
563     2.  Three members shall be the consumer members of the
564Board of Pilot Commissioners serving on that board as of January
5651, 1994. Of those members, one shall be appointed to a 1-year
566term, one shall be appointed to a 2-year term, and one shall be
567appointed to a 3-year term. Each of those members shall be
568eligible for reappointment in the same fashion as other members
569of the board, but, thereafter, no member of the board shall be a
570current or former member of the Board of Pilot Commissioners.
571The service of the consumer members of the Board of Pilot
572Commissioners on this board, while they are maintaining
573concurrent membership with the Board of Pilot Commissioners,
574shall be considered duties in addition to and related to their
575duties on the Board of Pilot Commissioners. In the event that
576any of the three board members stipulated according to this
577subparagraph are unable to serve, the Governor shall fill the
578position or positions by appointment from among persons not
579prohibited pursuant to this paragraph.
580     (c)  Committee members shall comply with the disclosure
581requirements of s. 112.3143(4) if participating in any matter
582that would result in special private gain or loss as described
583in that subsection.
584     (d)(c)  The committee board has authority to adopt rules
585pursuant to ss. 120.536(1) and 120.54 to implement provisions of
586this section conferring duties upon it. The department shall
587provide the staff required by the committee board to carry out
588its duties under this section.
589     (e)(d)  All funds received pursuant to this section shall
590be placed in the account of the Board of Pilot Commissioners,
591and the Board of Pilot Commissioners shall pay for all expenses
592incurred pursuant to this section.
593     (2)  Any pilot, group of pilots, or other person or group
594of persons whose substantial interests are directly affected by
595the rates established by the committee board may apply to the
596committee board for a change in rates. However, an application
597for a change in rates shall not be considered for any port for
598which rates have been changed by this committee board in the 18
599months preceding the filing of the application. All applications
600for changes in rates shall be made to the committee board, in
601writing, pursuant to rules prescribed by the committee board. In
602the case of an application for a rate change on behalf of a
603pilot or group of pilots, the application shall be accompanied
604by a consolidated financial statement, statement of profit or
605loss, and balance sheet prepared by a certified public
606accountant of the pilot or group of pilots and all relevant
607information, fiscal and otherwise, on the piloting activities
608within the affected port area, including financial information
609on all entities owned or partially owned by the pilot or group
610of pilots which provide pilot-related services in the affected
611port area. In the case of an application for a rate change filed
612on behalf of persons other than a pilot or group of pilots,
613information regarding the financial state of interested parties
614other than pilots shall be required only to the extent that such
615financial information is made relevant by the application or
616subsequent argument before the committee board. The committee
617board shall have the authority to set, by rule, a rate review
618application fee of up to $1,000, which must be submitted to the
619committee board upon the filing of the application for a rate
620change.
621     (3)  The committee board shall investigate and determine
622whether the requested rate change will result in fair, just, and
623reasonable rates of pilotage pursuant to rules prescribed by the
624committee board. In addition to publication as required by law,
625notice of a hearing to determine rates shall be mailed to each
626person who has formally requested notice of any rate change in
627the affected port area. The notice shall advise all interested
628parties that they may file an answer, an additional or
629alternative petition, or any other applicable pleading or
630response, within 30 days after the date of publication of the
631notice, and the notice shall specify the last date by which any
632such pleading must be filed. The committee board may, for good
633cause, extend the period for responses to a petition. Multiple
634petitions filed in this manner do not warrant separate hearings,
635and these petitions shall be consolidated to the extent that it
636shall not be necessary to hold a separate hearing on each
637petition. The committee board shall conclude its investigation,
638conduct a public hearing, and determine whether to modify the
639existing rates of pilotage in that port within 60 days after the
640filing of the completed application, except that the committee
641board may not be required to complete a hearing for more than
642one port within any 60-day period. Hearings shall be held in the
643affected port area, unless a different location is agreed upon
644by all parties to the proceeding.
645     (4)(a)  The applicant shall be given written notice, either
646in person or by certified mail, that the committee board intends
647to modify the pilotage rates in that port and that the applicant
648may, within 21 days after receipt of the notice, request a
649hearing pursuant to the Administrative Procedure Act. Notice of
650the intent to modify the pilotage rates in that port shall also
651be published in the Florida Administrative Weekly and in a
652newspaper of general circulation in the affected port area and
653shall be mailed to any person who has formally requested notice
654of any rate change in the affected port area. Within 21 days
655after receipt or publication of notice, any person whose
656substantial interests will be affected by the intended committee
657board action may request a hearing pursuant to the
658Administrative Procedure Act. If the committee board concludes
659that the petitioner has raised a disputed issue of material
660fact, the committee board shall designate a hearing, which shall
661be conducted by formal proceeding before an administrative law
662judge assigned by the Division of Administrative Hearings
663pursuant to ss. 120.569 and 120.57(1), unless waived by all
664parties. If the committee board concludes that the petitioner
665has not raised a disputed issue of material fact and does not
666designate the petition for hearing, that decision shall be
667considered final agency action for purposes of s. 120.68. The
668failure to request a hearing within 21 days after receipt or
669publication of notice shall constitute a waiver of any right to
670an administrative hearing and shall cause the order modifying
671the pilotage rates in that port to be entered. If an
672administrative hearing is requested pursuant to this subsection,
673notice of the time, date, and location of the hearing shall be
674published in the Florida Administrative Weekly and in a
675newspaper of general circulation in the affected port area and
676shall be mailed to the applicant and to any person who has
677formally requested notice of any rate change for the affected
678port area.
679     (b)  In any administrative proceeding pursuant to this
680section, the committee's board's proposed rate determination
681shall be immediately effective and shall not be stayed during
682the administrative proceeding, provided that, pending rendition
683of the committee's board's final order, the pilot or pilots in
684the subject port deposit in an interest-bearing account all
685amounts received which represent the difference between the
686previous rates and the proposed rates. The pilot or pilots in
687the subject port shall keep an accurate accounting of all
688amounts deposited, specifying by whom or on whose behalf such
689amounts were paid, and shall produce such an accounting upon
690request of the committee board. Upon rendition of the
691committee's board's final order:
692     1.  Any amounts deposited in the interest-bearing account
693which are sustained by the final order shall be paid over to the
694pilot or pilots in the subject port, including all interest
695accrued on such funds; and
696     2.  Any amounts deposited which exceed the rates sustained
697in the committee's board's final order shall be refunded, with
698the accrued interest, to those customers from whom the funds
699were collected. Any funds that are not refunded after diligent
700effort of the pilot or pilots to do so shall be disbursed by the
701pilot or pilots as the committee board shall direct.
702     (5)(a)  In determining whether the requested rate change
703will result in fair, just, and reasonable rates, the committee
704board shall give primary consideration to the public interest in
705promoting and maintaining efficient, reliable, and safe piloting
706services.
707     (b)  The committee board shall also give consideration to
708the following factors:
709     1.  The public interest in having qualified pilots
710available to respond promptly to vessels needing their service.
711     2.  A determination of the average net income of pilots in
712the port, including the value of all benefits derived from
713service as a pilot. For the purposes of this subparagraph, "net
714income of pilots" refers to total pilotage fees collected in the
715port, minus reasonable operating expenses, divided by the number
716of licensed and active state pilots within the ports.
717     3.  Reasonable operating expenses of pilots.
718     4.  Pilotage rates in other ports.
719     5.  The amount of time each pilot spends on actual piloting
720duty and the amount of time spent on other essential support
721services.
722     6.  The prevailing compensation available to individuals in
723other maritime services of comparable professional skill and
724standing as that sought in pilots, it being recognized that in
725order to attract to the profession of piloting, and to hold the
726best and most qualified individuals as pilots, the overall
727compensation accorded pilots should be equal to or greater than
728that available to such individuals in comparable maritime
729employment.
730     7.  The impact rate change may have in individual pilot
731compensation and whether such change will lead to a shortage of
732licensed state pilots, certificated deputy pilots, or qualified
733pilot applicants.
734     8.  Projected changes in vessel traffic.
735     9.  Cost of retirement and medical plans.
736     10.  Physical risks inherent in piloting.
737     11.  Special characteristics, dangers, and risks of the
738particular port.
739     12.  Any other factors the committee board deems relevant
740in determining a just and reasonable rate.
741     (c)  The committee board may take into consideration the
742consumer price index or any other comparable economic indicator
743when fixing rates of pilotage; however, because the consumer
744price index or such other comparable economic indicator is
745primarily related to net income rather than rates, the committee
746board shall not use it as the sole factor in fixing rates of
747pilotage.
748     (6)  The committee board shall fix rates of pilotage
749pursuant to this section based upon the following vessel
750characteristics:
751     (a)  Length.
752     (b)  Beam.
753     (c)  Net tonnage, gross tonnage, or dead weight tonnage.
754     (d)  Freeboard or height above the waterline.
755     (e)  Draft or molded depth.
756     (f)  Any combination of the vessel characteristics listed
757in this subsection or any other relevant vessel characteristic
758or characteristics.
759     (7)  The decisions of the committee regarding rates are not
760appealable to the board.
761     Section 7.  By October 31, 2010, the Governor shall appoint
762to the Board of Pilot Commissioners the two members actively
763involved in the maritime or marine shipping or the commercial
764passenger cruise industry, the certified public accountant, and
765the two citizens of the state.
766     Section 8.  Paragraph (c) of subsection (12) of section
767315.03, Florida Statutes, is repealed.
768     Section 9.  Subsection (86) is added to section 316.003,
769Florida Statutes, to read:
770     316.003  Definitions.-The following words and phrases, when
771used in this chapter, shall have the meanings respectively
772ascribed to them in this section, except where the context
773otherwise requires:
774     (86)  MOTOR CARRIER TRANSPORTATION CONTRACT.-
775     (a)  A contract, agreement, or understanding covering:
776     1.  The transportation of property for compensation or hire
777by the motor carrier;
778     2.  Entrance on property by the motor carrier for the
779purpose of loading, unloading, or transporting property for
780compensation or hire; or
781     3.  A service incidental to activity described in
782subparagraph 1. or subparagraph 2., including, but not limited
783to, storage of property.
784     (b)  "Motor carrier transportation contract" does not
785include the Uniform Intermodal Interchange and Facilities Access
786Agreement administered by the Intermodal Association of North
787America or other agreements providing for the interchange, use,
788or possession of intermodal chassis, containers, or other
789intermodal equipment.
790     Section 10.  Paragraph (b) of subsection (2) and subsection
791(4) of section 316.1001, Florida Statutes, are amended to read:
792     316.1001  Payment of toll on toll facilities required;
793penalties.-
794     (2)
795     (b)  A citation issued under this subsection may be issued
796by mailing the citation by first-class first class mail, or by
797certified mail, return receipt requested, to the address of the
798registered owner of the motor vehicle involved in the violation.
799Receipt of Mailing the citation to this address constitutes
800notification. In the case of joint ownership of a motor vehicle,
801the traffic citation must be mailed to the first name appearing
802on the registration, unless the first name appearing on the
803registration is a business organization, in which case the
804second name appearing on the registration may be used. A
805citation issued under this paragraph must be mailed to the
806registered owner of the motor vehicle involved in the violation
807within 14 days after the date of issuance of the citation
808violation. In addition to the citation, notification must be
809sent to the registered owner of the motor vehicle involved in
810the violation specifying remedies available under ss. 318.14(12)
811and 318.18(7).
812     (4)  Any governmental entity, including, without
813limitation, a clerk of court, may provide supply the department
814with data that is machine readable by the department's computer
815system, listing persons who have one or more outstanding
816violations of this section, with reference to the person's
817driver's license number or vehicle registration number in the
818case of a business entity. Pursuant to s. 320.03(8), those
819persons may not be issued a license plate or revalidation
820sticker for any motor vehicle.
821     Section 11.  Paragraph (b) of subsection (1) of section
822316.302, Florida Statutes, is amended, and subsection (12) is
823added to that section, to read:
824     316.302  Commercial motor vehicles; safety regulations;
825transporters and shippers of hazardous materials; enforcement.-
826     (1)
827     (b)  Except as otherwise provided in this section, all
828owners or drivers of commercial motor vehicles that are engaged
829in intrastate commerce are subject to the rules and regulations
830contained in 49 C.F.R. parts 382, 385, and 390-397, with the
831exception of 49 C.F.R. s. 390.5 as it relates to the definition
832of bus, as such rules and regulations existed on October 1, 2009
8332007.
834     (12)(a)  Notwithstanding any provision of law to the
835contrary, a provision, clause, covenant, or agreement contained
836in, collateral to, or affecting a motor carrier transportation
837contract that purports to indemnify, defend, or hold harmless,
838or has the effect of indemnifying, defending, or holding
839harmless, the promisee from or against any liability for loss or
840damage resulting from the negligence or intentional acts or
841omissions of the promisee is against the public policy of this
842state and is void and unenforceable.
843     (b)  As used in this subsection, the term "promisee" means
844the contract's promisee and any agents, employees, servants, or
845independent contractors who are directly responsible to the
846contract's promisee, except that the term does not include motor
847carriers which are party to a motor carrier transportation
848contract with the contract's promisee, including such motor
849carrier's agents, employees, servants, or independent
850contractors directly responsible to such motor carrier.
851     (c)  This subsection only applies to motor carrier
852transportation contracts entered into or renewed on or after
853July 1, 2010.
854     Section 12.  Paragraph (c) of subsection (8) of section
855316.515, Florida Statutes, is amended to read:
856     316.515  Maximum width, height, length.-
857     (8)  WRECKERS.-The limitations imposed by this section do
858not apply to a combination of motor vehicles consisting of a
859wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
860disabled motor vehicle, trailer, semitrailer, or tractor-trailer
861combination, or a replacement motor vehicle, which is under tow
862by the wrecker, if the size and weight of the towed vehicle is
863consistent with statutory requirements and the requirements of
864this subsection.
865     (c)  Where the combined weight of the wrecker and the towed
866vehicle exceeds the maximum weight limits as established by s.
867316.535, the wrecker must be operating under a current wrecker
868special use permit or permits as provided in s. 316.550(5)(4) or
869in accordance with paragraph (b).
870     Section 13.  Paragraphs (c) and (d) of subsection (3) of
871section 316.545, Florida Statutes, are redesignated as
872paragraphs (d) and (e), respectively, and a new paragraph (c) is
873added to that subsection to read:
874     316.545  Weight and load unlawful; special fuel and motor
875fuel tax enforcement; inspection; penalty; review.-
876     (3)  Any person who violates the overloading provisions of
877this chapter shall be conclusively presumed to have damaged the
878highways of this state by reason of such overloading, which
879damage is hereby fixed as follows:
880     (c)  For a vehicle equipped with fully functional idle-
881reduction technology, any penalty shall be calculated by
882reducing the actual gross vehicle weight or the internal bridge
883weight by the certified weight of the idle-reduction technology
884or by 400 pounds, whichever is less. The vehicle operator must
885present written certification of the weight of the idle-
886reduction technology and must demonstrate or certify that the
887idle-reduction technology is fully functional at all times. This
888calculation is not allowed for vehicles described in s.
889316.535(6);
890     Section 14.  Subsections (4) through (10) of section
891316.550, Florida Statutes, are renumbered as subsections (5)
892through (11), respectively, present subsection (7) is amended,
893and a new subsection (4) is added to that section, to read:
894     316.550  Operations not in conformity with law; special
895permits.-
896     (4)(a)  The Department of Transportation or local authority
897may issue permits which authorize commercial vehicles
898transporting agricultural products with weights not exceeding
899the limits of s. 316.535(5), plus the scale tolerance provided
900in s. 316.545(2), to operate off the Interstate Highway System
901on a designated route specified in the permit.
902     (b)  The designated route shall avoid any bridge which the
903department determines cannot safely accommodate vehicles with a
904gross vehicle weight authorized in paragraph (a).
905     (c)  Any vehicle or combination of vehicles which exceeds
906the weight limits authorized in paragraph (a) shall be unloaded
907and all material so unloaded shall be cared for by the owner or
908operator.
909     (8)(7)  The Department of Transportation may impose fines
910for the operation of a vehicle in violation of this section, as
911provided in subsection (10) (9).
912     Section 15.  Subsection (7) of section 318.18, Florida
913Statutes, is amended to read:
914     318.18  Amount of penalties.-The penalties required for a
915noncriminal disposition pursuant to s. 318.14 or a criminal
916offense listed in s. 318.17 are as follows:
917     (7)  Mandatory $100 fine for each violation of s. 316.1001
918plus the amount of the unpaid toll shown on the traffic citation
919for each citation issued. The clerk of the court shall forward
920$25 of the $100 fine received, plus the amount of the unpaid
921toll that is shown on the citation, to the governmental entity
922that issued the citation for citations issued by toll
923enforcement officers or to the entity administering the tolls at
924the facility where the violation occurred for citations issued
925by law enforcement officers. However, a person may elect to pay
926$30 to the clerk of the court, plus the amount of the unpaid
927toll that is shown on the citation, in which case adjudication
928is withheld, and no points may be assessed under s. 322.27. Upon
929receipt of the $30 and unpaid toll amount, the clerk of the
930court shall retain $5 for administrative purposes and shall
931forward the remaining $25, plus the amount of the unpaid toll
932shown on the citation, to the governmental entity that issued
933the citation for citations issued by toll enforcement officers
934or to the entity administering the tolls at the facility where
935the violation occurred for citations issued by law enforcement
936officers. Additionally, adjudication shall be withheld and no
937points shall be assessed under s. 322.27, except when
938adjudication is imposed by the court after a hearing pursuant to
939s. 318.14(5), or on whose behalf the citation was issued. If a
940plea arrangement is reached prior to the date set for a
941scheduled evidentiary hearing and, as a result of the plea,
942adjudication is withheld, there shall be a mandatory fine
943assessed per citation of not less than $50 and not more than
944$100, plus the amount of the unpaid toll for each citation
945issued. The clerk of the court shall forward $25 of the fine
946imposed plus the amount of the unpaid toll that is shown on the
947citation to the governmental entity that issued the citation for
948citations issued by toll enforcement officers or to the entity
949administering the tolls at the facility where the violation
950occurred for citations issued by law enforcement officers or on
951whose behalf the citation was issued. The court shall have
952specific authority to consolidate issued citations for the same
953defendant for the purpose of sentencing and aggregate
954jurisdiction. In addition, the court may direct the department
955to shall suspend for 60 days the driver's license of a person
956who is convicted of 10 violations of s. 316.1001 within a 36-
957month period. Any funds received by a governmental entity for
958this violation may be used for any lawful purpose related to the
959operation or maintenance of a toll facility.
960     Section 16.  Subsection (8) of section 320.03, Florida
961Statutes, is amended to read:
962     320.03  Registration; duties of tax collectors;
963International Registration Plan.-
964     (8)  If the applicant's name appears on the list referred
965to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
966license plate or revalidation sticker may not be issued until
967that person's name no longer appears on the list or until the
968person presents a receipt from the governmental entity or the
969clerk of court that provided the data showing that the fines
970outstanding have been paid. This subsection does not apply to
971the owner of a leased vehicle if the vehicle is registered in
972the name of the lessee of the vehicle. The tax collector and the
973clerk of the court are each entitled to receive monthly, as
974costs for implementing and administering this subsection, 10
975percent of the civil penalties and fines recovered from such
976persons. As used in this subsection, the term "civil penalties
977and fines" does not include a wrecker operator's lien as
978described in s. 713.78(13). If the tax collector has private tag
979agents, such tag agents are entitled to receive a pro rata share
980of the amount paid to the tax collector, based upon the
981percentage of license plates and revalidation stickers issued by
982the tag agent compared to the total issued within the county.
983The authority of any private agent to issue license plates shall
984be revoked, after notice and a hearing as provided in chapter
985120, if he or she issues any license plate or revalidation
986sticker contrary to the provisions of this subsection. This
987section applies only to the annual renewal in the owner's birth
988month of a motor vehicle registration and does not apply to the
989transfer of a registration of a motor vehicle sold by a motor
990vehicle dealer licensed under this chapter, except for the
991transfer of registrations which is inclusive of the annual
992renewals. This section does not affect the issuance of the title
993to a motor vehicle, notwithstanding s. 319.23(7)(b).
994     Section 17.  Paragraph (e) of subsection (5) of section
995320.08, Florida Statutes, is amended to read:
996     320.08  License taxes.-Except as otherwise provided herein,
997there are hereby levied and imposed annual license taxes for the
998operation of motor vehicles, mopeds, motorized bicycles as
999defined in s. 316.003(2), and mobile homes, as defined in s.
1000320.01, which shall be paid to and collected by the department
1001or its agent upon the registration or renewal of registration of
1002the following:
1003     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1004SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
1005     (d)  A wrecker, as defined in s. 320.01(40), which is used
1006to tow a vessel as defined in s. 327.02(39), a disabled,
1007abandoned, stolen-recovered, or impounded motor vehicle as
1008defined in s. 320.01(38), or a replacement motor vehicle as
1009defined in s. 320.01(39): $41 flat, of which $11 shall be
1010deposited into the General Revenue Fund.
1011     (e)  A wrecker that is used to tow any nondisabled motor
1012vehicle, regardless of whether such motor vehicle is a disabled
1013motor vehicle, a replacement motor vehicle, a vessel, or any
1014other cargo unless used as defined in paragraph (d), as follows:
1015     1.  Gross vehicle weight of 10,000 pounds or more, but less
1016than 15,000 pounds: $118 flat, of which $31 shall be deposited
1017into the General Revenue Fund.
1018     2.  Gross vehicle weight of 15,000 pounds or more, but less
1019than 20,000 pounds: $177 flat, of which $46 shall be deposited
1020into the General Revenue Fund.
1021     3.  Gross vehicle weight of 20,000 pounds or more, but less
1022than 26,000 pounds: $251 flat, of which $65 shall be deposited
1023into the General Revenue Fund.
1024     4.  Gross vehicle weight of 26,000 pounds or more, but less
1025than 35,000 pounds: $324 flat, of which $84 shall be deposited
1026into the General Revenue Fund.
1027     5.  Gross vehicle weight of 35,000 pounds or more, but less
1028than 44,000 pounds: $405 flat, of which $105 shall be deposited
1029into the General Revenue Fund.
1030     6.  Gross vehicle weight of 44,000 pounds or more, but less
1031than 55,000 pounds: $772 flat, of which $200 shall be deposited
1032into the General Revenue Fund.
1033     7.  Gross vehicle weight of 55,000 pounds or more, but less
1034than 62,000 pounds: $915 flat, of which $237 shall be deposited
1035into the General Revenue Fund.
1036     8.  Gross vehicle weight of 62,000 pounds or more, but less
1037than 72,000 pounds: $1,080 flat, of which $280 shall be
1038deposited into the General Revenue Fund.
1039     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1040flat, of which $343 shall be deposited into the General Revenue
1041Fund.
1042     Section 18.  Paragraph (b) of subsection (32) of section
1043320.08058, Florida Statutes, is amended to read:
1044     320.08058  Specialty license plates.-
1045     (32)  UNITED WE STAND LICENSE PLATES.-
1046     (b)  The department shall retain all revenues from the sale
1047of such plates until all startup costs for developing and
1048issuing the plates have been recovered. Thereafter, 100 percent
1049of the annual use fee shall be distributed to the Department of
1050Transportation to fund security-related aviation projects
1051pursuant to chapter 332 SAFE Council to fund a grant program to
1052enhance security at airports throughout the state, pursuant to
1053s. 332.14.
1054     Section 19.  Paragraph (d) of subsection (3) of section
1055322.27, Florida Statutes, is amended to read:
1056     322.27  Authority of department to suspend or revoke
1057license.-
1058     (3)  There is established a point system for evaluation of
1059convictions of violations of motor vehicle laws or ordinances,
1060and violations of applicable provisions of s. 403.413(6)(b) when
1061such violations involve the use of motor vehicles, for the
1062determination of the continuing qualification of any person to
1063operate a motor vehicle. The department is authorized to suspend
1064the license of any person upon showing of its records or other
1065good and sufficient evidence that the licensee has been
1066convicted of violation of motor vehicle laws or ordinances, or
1067applicable provisions of s. 403.413(6)(b), amounting to 12 or
1068more points as determined by the point system. The suspension
1069shall be for a period of not more than 1 year.
1070     (d)  The point system shall have as its basic element a
1071graduated scale of points assigning relative values to
1072convictions of the following violations:
1073     1.  Reckless driving, willful and wanton-4 points.
1074     2.  Leaving the scene of a crash resulting in property
1075damage of more than $50-6 points.
1076     3.  Unlawful speed resulting in a crash-6 points.
1077     4.  Passing a stopped school bus-4 points.
1078     5.  Unlawful speed:
1079     a.  Not in excess of 15 miles per hour of lawful or posted
1080speed-3 points.
1081     b.  In excess of 15 miles per hour of lawful or posted
1082speed-4 points.
1083     6.  A violation of a traffic control signal device as
1084provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1085     7.  All other moving violations (including parking on a
1086highway outside the limits of a municipality)-3 points. However,
1087no points shall be imposed for a violation of s. 316.0741 or s.
1088316.2065(12); and points shall be imposed for a violation of s.
1089316.1001 only when imposed by the court after a hearing pursuant
1090to s. 318.14(5).
1091     8.  Any moving violation covered above, excluding unlawful
1092speed, resulting in a crash-4 points.
1093     9.  Any conviction under s. 403.413(6)(b)-3 points.
1094     10.  Any conviction under s. 316.0775(2)-4 points.
1095     Section 20.  Section 332.14, Florida Statutes, is repealed.
1096     Section 21.  All funds accrued by the Secure Airports for
1097Florida's Economy Council prior to July 1, 2010, shall be
1098retained by the Department of Transportation. The Department of
1099Transportation is authorized to use these funds for statewide
1100training purposes relating to airport security and management.
1101The Department of Transportation is further authorized to use
1102these funds for security-related aviation projects pursuant to
1103chapter 332, Florida Statutes.
1104     Section 22.  Subsection (1) of section 337.14, Florida
1105Statutes, is amended to read:
1106     337.14  Application for qualification; certificate of
1107qualification; restrictions; request for hearing.-
1108     (1)  Any person desiring to bid for the performance of any
1109construction contract in excess of $250,000 which the department
1110proposes to let must first be certified by the department as
1111qualified pursuant to this section and rules of the department.
1112The rules of the department shall address the qualification of
1113persons to bid on construction contracts in excess of $250,000
1114and shall include requirements with respect to the equipment,
1115past record, experience, financial resources, and organizational
1116personnel of the applicant necessary to perform the specific
1117class of work for which the person seeks certification. The
1118department is authorized to limit the dollar amount of any
1119contract upon which a person is qualified to bid or the
1120aggregate total dollar volume of contracts such person is
1121allowed to have under contract at any one time. Each applicant
1122seeking qualification to bid on construction contracts in excess
1123of $250,000 shall furnish the department a statement under oath,
1124on such forms as the department may prescribe, setting forth
1125detailed information as required on the application. Each
1126application for certification shall be accompanied by the latest
1127annual financial statement of the applicant completed within the
1128last 12 months. If the application or the annual financial
1129statement shows the financial condition of the applicant more
1130than 4 months prior to the date on which the application is
1131received by the department, then an interim financial statement
1132must also be submitted and be accompanied by an updated
1133application. The interim financial statement must cover the
1134period from the end date of the annual statement and must show
1135the financial condition of the applicant no more than 4 months
1136prior to the date the interim financial statement on which the
1137application is received by the department. Each required annual
1138or interim financial statement must be audited and accompanied
1139by the opinion of a certified public accountant or a public
1140accountant approved by the department. The information required
1141by this subsection is confidential and exempt from the
1142provisions of s. 119.07(1). The department shall act upon the
1143application for qualification within 30 days after the
1144department determines that the application is complete. The
1145department may waive the requirements of this subsection for
1146projects having a contract price of $500,000 or less if the
1147department determines that the project is of a noncritical
1148nature and the waiver will not endanger public health, safety,
1149or property.
1150     Section 23.  Subsection (1) of section 337.401, Florida
1151Statutes, is amended to read:
1152     337.401  Use of right-of-way for utilities subject to
1153regulation; permit; fees.-
1154     (1)(a)  The department and local governmental entities,
1155referred to in ss. 337.401-337.404 as the "authority," that have
1156jurisdiction and control of public roads or publicly owned rail
1157corridors are authorized to prescribe and enforce reasonable
1158rules or regulations with reference to the placing and
1159maintaining along, across, or on any road or publicly owned rail
1160corridors under their respective jurisdictions any electric
1161transmission, telephone, telegraph, or other communications
1162services lines; pole lines; poles; railways; ditches; sewers;
1163water, heat, or gas mains; pipelines; fences; gasoline tanks and
1164pumps; or other structures referred to in this section as the
1165"utility." For aerial and underground electric utility
1166transmission lines designed to operate at 69 or more kilovolts
1167that are needed to accommodate the additional electrical
1168transfer capacity on the transmission grid resulting from new
1169base-load generating facilities, where there is no other
1170practicable alternative available for placement of the electric
1171utility transmission lines on the department's rights-of-way,
1172the department's rules shall provide for placement of and access
1173to such transmission lines adjacent to and within the right-of-
1174way of any department-controlled public roads, including
1175longitudinally within limited access facilities to the greatest
1176extent allowed by federal law, if compliance with the standards
1177established by such rules is achieved. Such rules may include,
1178but need not be limited to, that the use of the right-of-way is
1179reasonable based upon a consideration of economic and
1180environmental factors, including, without limitation, other
1181practicable alternative alignments, utility corridors and
1182easements, impacts on adjacent property owners, and minimum
1183clear zones and other safety standards, and further provide that
1184placement of the electric utility transmission lines within the
1185department's right-of-way does not interfere with operational
1186requirements of the transportation facility or planned or
1187potential future expansion of such transportation facility. If
1188the department approves longitudinal placement of electric
1189utility transmission lines in limited access facilities,
1190compensation for the use of the right-of-way is required. Such
1191consideration or compensation paid by the electric utility in
1192connection with the department's issuance of a permit does not
1193create any property right in the department's property
1194regardless of the amount of consideration paid or the
1195improvements constructed on the property by the utility. Upon
1196notice by the department that the property is needed for
1197expansion or improvement of the transportation facility, the
1198electric utility transmission line will relocate from the
1199facility at the electric utility's sole expense. The electric
1200utility shall pay to the department reasonable damages resulting
1201from the utility's failure or refusal to timely relocate its
1202transmission lines. The rules to be adopted by the department
1203may also address the compensation methodology and relocation. As
1204used in this subsection, the term "base-load generating
1205facilities" means electric power plants that are certified under
1206part II of chapter 403. The department may enter into a permit-
1207delegation agreement with a governmental entity if issuance of a
1208permit is based on requirements that the department finds will
1209ensure the safety and integrity of facilities of the Department
1210of Transportation; however, the permit-delegation agreement does
1211not apply to facilities of electric utilities as defined in s.
1212366.02(2).
1213     (b)  For aerial and underground electric utility
1214transmission lines designed to operate at 69 or more kilovolts
1215that are needed to accommodate the additional electrical
1216transfer capacity on the transmission grid resulting from new
1217base-load generating facilities, the department's rules shall
1218provide for placement of and access to such transmission lines
1219adjacent to and within the right-of-way of any department-
1220controlled public roads, including longitudinally within limited
1221access facilities where there is no other practicable
1222alternative available, to the greatest extent allowed by federal
1223law, if compliance with the standards established by such rules
1224is achieved. Without limiting or conditioning the department's
1225jurisdiction or authority described in paragraph (a), with
1226respect to limited access right-of-way, such rules may include,
1227but need not be limited to, that the use of the right-of-way for
1228longitudinal placement of electric utility transmission lines is
1229reasonable based upon a consideration of economic and
1230environmental factors, including, without limitation, other
1231practicable alternative alignments, utility corridors and
1232easements, impacts on adjacent property owners, and minimum
1233clear zones and other safety standards, and further provide that
1234placement of the electric utility transmission lines within the
1235department's right-of-way does not interfere with operational
1236requirements of the transportation facility or planned or
1237potential future expansion of such transportation facility. If
1238the department approves longitudinal placement of electric
1239utility transmission lines in limited access facilities,
1240compensation for the use of the right-of-way is required. Such
1241consideration or compensation paid by the electric utility in
1242connection with the department's issuance of a permit does not
1243create any property right in the department's property
1244regardless of the amount of consideration paid or the
1245improvements constructed on the property by the utility. Upon
1246notice by the department that the property is needed for
1247expansion or improvement of the transportation facility, the
1248electric utility transmission line will be removed or relocated
1249at the electric utility's sole expense. The electric utility
1250shall pay to the department reasonable damages resulting from
1251the utility's failure or refusal to timely remove or relocate
1252its transmission lines. The rules to be adopted by the
1253department may also address the compensation methodology and
1254removal or relocation. As used in this subsection, the term
1255"base-load generating facilities" means electric power plants
1256that are certified under part II of chapter 403.
1257     Section 24.  Subsection (4) of section 337.406, Florida
1258Statutes, is renumbered as subsection (5), and a new subsection
1259(4) is added to that section to read:
1260     337.406  Unlawful use of state transportation facility
1261right-of-way; penalties.-
1262     (4)  Camping is prohibited on any portion of the right-of-
1263way of the State Highway System that is within 100 feet of a
1264bridge, causeway, overpass, or ramp.
1265     Section 25.  Subsection (1) of section 338.155, Florida
1266Statutes, is amended to read:
1267     338.155  Payment of toll on toll facilities required;
1268exemptions.-
1269     (1)  No persons are permitted to use any toll facility
1270without payment of tolls, except employees of the agency
1271operating the toll project when using the toll facility on
1272official state business, state military personnel while on
1273official military business, handicapped persons as provided in
1274this section, persons exempt from toll payment by the
1275authorizing resolution for bonds issued to finance the facility,
1276and persons exempt on a temporary basis where use of such toll
1277facility is required as a detour route. Any law enforcement
1278officer operating a marked official vehicle is exempt from toll
1279payment when on official law enforcement business. Any person
1280operating a fire vehicle when on official business or a rescue
1281vehicle when on official business is exempt from toll payment.
1282Any person participating in the funeral procession of a law
1283enforcement officer or firefighter killed in the line of duty is
1284exempt from toll payment. The secretary, or the secretary's
1285designee, may suspend the payment of tolls on a toll facility
1286when necessary to assist in emergency evacuation. The failure to
1287pay a prescribed toll constitutes a noncriminal traffic
1288infraction, punishable as a moving violation pursuant to s.
1289318.18. The department is authorized to adopt rules relating to
1290the payment, collection, and enforcement of tolls, as authorized
1291in chapters 316, 318, 320, 322, and 338, including, but not
1292limited to, rules for the implementation of video or other image
1293billing and variable pricing guaranteed toll accounts.
1294     Section 26.  Subsection (7) is added to section 341.051,
1295Florida Statutes, to read:
1296     341.051  Administration and financing of public transit and
1297intercity bus service programs and projects.-
1298     (7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
1299     (a)  The Legislature recognizes the importance of
1300encouraging the seamless use of local and regional public
1301transportation systems by residents of and visitors to the state
1302wherever possible. The paramount concern is to encourage the
1303implementation of fare collection systems that are interoperable
1304and compatible with multiple public transportation systems
1305throughout the state.
1306     (b)  Notwithstanding any other provision of law to the
1307contrary, in order to facilitate the ease of transfer from one
1308public transportation system to another, any public transit
1309system which connects directly with a new public rail system put
1310into service after December 1, 2010, and which is adding a new
1311fare media system or is upgrading its existing fare media system
1312shall use a universal common contactless fare media that is
1313compatible with the American Public Transportation Association's
1314Contactless Fare Media System Standard and allows users to
1315purchase fares at a single point of sale with coin, cash, or
1316credit card. This paragraph does not require the use of a
1317universal common contactless fare media for the paratransit
1318element of any transit system or by any public transit system
1319that does not share one or more points of origin or destination
1320with a public rail system.
1321
1322For purposes of this section, the term "net operating costs"
1323means all operating costs of a project less any federal funds,
1324fares, or other sources of income to the project.
1325     Section 27.  Subsection (7) of section 341.3025, Florida
1326Statutes, is renumbered as subsection (8), and a new subsection
1327(7) is added to that section to read:
1328     341.3025  Multicounty public rail system fares and
1329enforcement.-
1330     (7)(a)  The Legislature recognizes the importance of
1331encouraging the seamless use of local and regional public
1332transportation systems by residents of and visitors to the state
1333wherever possible. The paramount concern is to encourage the
1334implementation of fare collection systems that are interoperable
1335and compatible with multiple public transportation systems
1336throughout the state.
1337     (b)  Notwithstanding any other provision of law to the
1338contrary, in order to facilitate the ease of transfer from one
1339public transportation system to another, any new public rail
1340system that is constructed after December 1, 2010, by the state,
1341an agency of the state, a regional transportation authority, or
1342one or more counties or municipalities shall use a universal
1343common contactless fare media that is compatible with the
1344American Public Transportation Association's Contactless Fare
1345Media System Standard and allows users to purchase fares at a
1346single point of sale with coin, cash, or credit card.
1347Additionally, any existing public rail system that is adding a
1348new fare media system or is upgrading its existing fare media
1349system shall use a universal common contactless fare media that
1350is compatible with the American Public Transportation
1351Association's Contactless Fare Media System Standard and allows
1352users to purchase fares at a single point of sale with coin,
1353cash, or credit card.
1354     Section 28.  Paragraph (q) is added to subsection (2) of
1355section 343.64, Florida Statutes, to read:
1356     343.64  Powers and duties.-
1357     (2)  The authority may exercise all powers necessary,
1358appurtenant, convenient, or incidental to the carrying out of
1359the aforesaid purposes, including, but not limited to, the
1360following rights and powers:
1361     (q)  Notwithstanding s. 343.65, to borrow money in a
1362principal amount not to exceed $10 million in any calendar year
1363to refinance all or part of the costs or obligations of the
1364authority, including, but not limited to, obligations of the
1365authority as a lessee under a lease.
1366     Section 29.  Subsection (3) of section 348.51, Florida
1367Statutes, is amended to read:
1368     348.51  Definitions.-The following terms whenever used or
1369referred to in this part shall have the following meanings,
1370except in those instances where the context clearly indicates
1371otherwise:
1372     (3)  "Bonds" means and includes the notes, bonds, refunding
1373bonds, or other evidences of indebtedness or obligations, in
1374either temporary or definitive form, which of the authority is
1375authorized to issue issued pursuant to this part.
1376     Section 30.  Section 348.545, Florida Statutes, is amended
1377to read:
1378     348.545  Facility improvement; bond financing authority.-
1379Pursuant to s. 11(f), Art. VII of the State Constitution, the
1380Legislature hereby approves for bond financing by the Tampa-
1381Hillsborough County Expressway Authority improvements to toll
1382collection facilities, interchanges to the legislatively
1383approved expressway system, and any other facility appurtenant,
1384necessary, or incidental to the approved system. Subject to
1385terms and conditions of applicable revenue bond resolutions and
1386covenants, such costs financing may be financed in whole or in
1387part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1388whether currently issued or issued in the future, or by a
1389combination of such bonds.
1390     Section 31.  Subsections (1) and (2) of section 348.56,
1391Florida Statutes, are amended to read:
1392     348.56  Bonds of the authority.-
1393     (1)(a)  Bonds may be issued on behalf of the authority
1394pursuant to the State Bond Act.
1395     (b)  Alternatively, the authority shall have the power and
1396is hereby authorized from time to time to issue bonds in such
1397principal amount as, in the opinion of the authority, shall be
1398necessary to provide sufficient moneys for achieving its
1399corporate purposes, including construction, reconstruction,
1400improvement, extension, repair, maintenance and operation of the
1401expressway system, the cost of acquisition of all real property,
1402interest on bonds during construction and for a reasonable
1403period thereafter, establishment of reserves to secure bonds,
1404and all other expenditures of the authority incident to and
1405necessary or convenient to carry out its corporate purposes and
1406powers.
1407     (2)(a)  Bonds issued by the authority pursuant to paragraph
1408(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1409the members of the authority and shall bear such date or dates,
1410mature at such time or times, not exceeding 40 years from their
1411respective dates, bear interest at such rate or rates, not
1412exceeding the maximum rate fixed by general law for authorities,
1413be in such denominations, be in such form, either coupon or
1414fully registered, carry such registration, exchangeability and
1415interchangeability privileges, be payable in such medium of
1416payment and at such place or places, be subject to such terms of
1417redemption and be entitled to such priorities of lien on the
1418revenues, other available moneys, and the Hillsborough County
1419gasoline tax funds as such resolution or any resolution
1420subsequent thereto may provide. The bonds shall be executed
1421either by manual or facsimile signature by such officers as the
1422authority shall determine, provided that such bonds shall bear
1423at least one signature which is manually executed thereon. The
1424coupons attached to such bonds shall bear the facsimile
1425signature or signatures of such officer or officers as shall be
1426designated by the authority. Such bonds shall have the seal of
1427the authority affixed, imprinted, reproduced, or lithographed
1428thereon.
1429     (b)  The bonds issued pursuant to paragraph (1)(a) or
1430paragraph (1)(b) shall be sold at public sale in the same manner
1431provided in the State Bond Act, and the net interest cost to the
1432authority on such bonds shall not exceed the maximum rate fixed
1433by general law for authorities. If all bids received on the
1434public sale are rejected, the authority may then proceed to
1435negotiate for the sale of the bonds at a net interest cost which
1436shall be less than the lowest net interest cost stated in the
1437bids rejected at the public sale. However, if the authority
1438determines, by official action at a public meeting, that a
1439negotiated sale of such bonds is in the best interest of the
1440authority, the authority may negotiate the sale of such bonds
1441with the underwriter or underwriters designated by the authority
1442and the Division of Bond Finance within the State Board of
1443Administration with respect to bonds issued pursuant to
1444paragraph (1)(a) or solely by the authority with respect to
1445bonds issued pursuant to paragraph (1)(b). The authority's
1446determination to negotiate the sale of such bonds may be based,
1447in part, upon the written advice of the authority's financial
1448adviser. Pending the preparation of definitive bonds, temporary
1449bonds or interim certificates may be issued to the purchaser or
1450purchasers of such bonds and may contain such terms and
1451conditions as the authority may determine.
1452     Section 32.  Section 348.565, Florida Statutes, is amended
1453to read:
1454     348.565  Revenue bonds for specified projects.-The existing
1455facilities that constitute the Tampa-Hillsborough County
1456Expressway System are hereby approved to be refinanced by the
1457issuance of revenue bonds issued by the Division of Bond Finance
1458of the State Board of Administration pursuant to s. 11(f), Art.
1459VII of the State Constitution and the State Bond Act or by
1460revenue bonds issued by the authority pursuant to s.
1461348.56(1)(b). In addition, the following projects of the Tampa-
1462Hillsborough County Expressway Authority are approved to be
1463financed or refinanced by the issuance of revenue bonds in
1464accordance with this part and pursuant to s. 11(f), Art. VII of
1465the State Constitution:
1466     (1)  Brandon area feeder roads.
1467     (2)  Capital improvements to the expressway system,
1468including safety and operational improvements and toll
1469collection equipment.
1470     (3)  Lee Roy Selmon Crosstown Expressway System widening.
1471     (4)  The connector highway linking the Lee Roy Selmon
1472Crosstown Expressway to Interstate 4.
1473     Section 33.  Subsection (1) of section 348.57, Florida
1474Statutes, is amended to read:
1475     348.57  Refunding bonds.-
1476     (1)  Subject to public notice as provided in s. 348.54, the
1477authority is authorized to provide by resolution for the
1478issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1479for the purpose of refunding any bonds then outstanding
1480regardless of whether the bonds being refunded were issued by
1481the authority pursuant to this chapter or on behalf of the
1482authority pursuant to the State Bond Act. The authority is
1483further authorized to provide by resolution for the issuance of
1484bonds for the combined purpose of:
1485     (a)  Paying the cost of constructing, reconstructing,
1486improving, extending, repairing, maintaining and operating the
1487expressway system.
1488     (b)  Refunding bonds then outstanding. The authorization,
1489sale and issuance of such obligations, the maturities and other
1490details thereof, the rights and remedies of the holders thereof,
1491and the rights, powers, privileges, duties and obligations of
1492the authority with respect to the same shall be governed by the
1493foregoing provisions of this part insofar as the same may be
1494applicable.
1495     Section 34.  Section 348.70, Florida Statutes, is amended
1496to read:
1497     348.70  This part complete and additional authority.-
1498     (1)  The powers conferred by this part shall be in addition
1499and supplemental to the existing respective powers of the
1500authority, the department, the county, and the city, if any, and
1501this part shall not be construed as repealing any of the
1502provisions of any other law, general, special, or local, but
1503shall be deemed to supersede such other law or laws in the
1504exercise of the powers provided in this part insofar as such
1505other law or laws are inconsistent with the provisions of this
1506part and to provide a complete method for the exercise of the
1507powers granted herein. The construction, reconstruction,
1508improvement, extension, repair, maintenance, and operation of
1509the expressway system, and the issuance of bonds hereunder to
1510finance all or part of the cost thereof, may be accomplished
1511upon compliance with the provisions of this part without regard
1512to or necessity for compliance with the provisions, limitations,
1513or restrictions contained in any other general, special, or
1514local law, including, but not limited to, s. 215.821, and no
1515approval of any bonds issued under this part by the qualified
1516electors or qualified electors who are freeholders in the state
1517or in the county or in the city or in any other political
1518subdivision of the state shall be required for the issuance of
1519such bonds.
1520     (2)  This part does not repeal, rescind, or modify any
1521other law or laws relating to the State Board of Administration,
1522the Department of Transportation, or the Division of Bond
1523Finance of the State Board of Administration, but shall
1524supersede such other law or laws as are inconsistent with the
1525provisions of this part, including, but not limited to, s.
1526215.821.
1527     Section 35.  Part XI of chapter 348, Florida Statutes,
1528consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1529348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1530348.9960, 348.9961, 348.9962, 348.9963, 348.9964, 348.9965,
1531348.9966, and 348.9967, is created to read:
1532
PART XI
1533
OSCEOLA COUNTY EXPRESSWAY AUTHORITY
1534     348.9950  Short title.-This part may be cited as the
1535"Osceola County Expressway Authority Law."
1536     348.9951  Definitions.-As used in this part, except where
1537the context clearly indicates otherwise, the term:
1538     (1)  "Agency of the state" means the state and any
1539department of or corporation, agency, or instrumentality
1540created, designated, or established by the state.
1541     (2)  "Authority" means the body politic and corporate and
1542agency of the state created by this part.
1543     (3)  "Bonds" means and includes the notes, bonds, refunding
1544bonds, or other evidences of indebtedness or obligations, in
1545either temporary or definitive form, that the authority is
1546authorized to issue under this part.
1547     (4)  "County" means Osceola County.
1548     (5)  "Department" means the Department of Transportation.
1549     (6)  "Federal agency" means the United States, the
1550President of the United States, and any department of or
1551corporation, agency, or instrumentality created, designated, or
1552established by the United States.
1553     (7)  "Lease-purchase agreement" means any lease-purchase
1554agreement the authority is authorized under this part to enter
1555into with the department.
1556     (8)  "Limited access expressway" or "expressway" means a
1557street or highway especially designed for through traffic and
1558over, from, or to which no person has a right of easement, use,
1559or access except in accordance with the rules and regulations
1560adopted by the authority for the use of such facility. Such
1561streets or highways may be parkways from which trucks, buses,
1562and other commercial vehicles are excluded or freeways open to
1563use by all customary forms of street and highway traffic.
1564     (9)  "Members" means the governing body of the authority,
1565and the term "member" means one of the individuals constituting
1566such governing body.
1567     (10)  "Osceola County Expressway System" or "system" means
1568any and all expressways and appurtenant facilities thereto,
1569including, but not limited to, all approaches, roads, bridges,
1570and avenues of access for such expressways that are built by the
1571authority or the ownership of which is transferred to the
1572authority by other governmental or private entities.
1573     (11)  "Osceola County gasoline tax funds" means all the 80-
1574percent surplus gasoline tax funds accruing in each year to the
1575department for use in Osceola County under s. 9, Art. XII of the
1576State Constitution after deduction only of any amounts of such
1577gasoline tax funds pledged by the department or the county for
1578outstanding obligations.
1579     (12)  "State Board of Administration" means the body
1580corporate existing under s. 9, Art. XII of the State
1581Constitution or any successor thereto.
1582     348.9952  Osceola County Expressway Authority.-
1583     (1)  There is created a body politic and corporate, an
1584agency of the state, to be known as the Osceola County
1585Expressway Authority.
1586     (2)(a)  The governing body of the authority shall consist
1587of six members. Five members must be residents of Osceola
1588County, three of whom shall be appointed by the governing body
1589of the county and two of whom shall be appointed by the
1590Governor. The sixth member shall be the district secretary of
1591the department serving in the district that includes Osceola
1592County, who shall serve as an ex officio, nonvoting member. The
1593term of each appointed member shall be for 4 years, except that
1594the first term of the initial members appointed by the Governor
1595shall be 2 years each. Each appointed member shall hold office
1596until his or her successor has been appointed and has qualified.
1597A vacancy occurring during a term shall be filled only for the
1598balance of the unexpired term. Each appointed member of the
1599authority shall be a person of outstanding reputation for
1600integrity, responsibility, and business ability, but no person
1601who is an officer or employee of any city or of Osceola County
1602in any other capacity shall be an appointed member of the
1603authority. A member of the authority is eligible for
1604reappointment.
1605     (b)  Members of the authority may be removed from office by
1606the Governor for misconduct, malfeasance, or nonfeasance in
1607office.
1608     (3)(a)  The authority shall elect one of its members as
1609chair. The authority shall also elect a secretary and a
1610treasurer, who may be members of the authority. The chair,
1611secretary, and treasurer shall hold such offices at the will of
1612the authority.
1613     (b)  Three members of the authority constitute a quorum,
1614and the vote of three members is necessary for any action taken
1615by the authority. A vacancy in the authority does not impair the
1616right of a quorum of the authority to exercise all of the rights
1617and perform all of the duties of the authority.
1618     (4)(a)  The authority may employ an executive secretary, an
1619executive director, its own counsel and legal staff, technical
1620experts, engineers, and other employees, permanent or temporary,
1621as it may require; may determine the qualifications and fix the
1622compensation of such persons, firms, or corporations; and may
1623employ a fiscal agent or agents. However, the authority shall
1624solicit sealed proposals from at least three persons, firms, or
1625corporations for the performance of any services as fiscal
1626agents. The authority may delegate to one or more of its agents
1627or employees such of its power as it deems necessary to carry
1628out the purposes of this part, subject always to the supervision
1629and control of the authority.
1630     (b)  Members of the authority are entitled to receive from
1631the authority their travel and other necessary expenses incurred
1632in connection with the business of the authority as provided in
1633s. 112.061, but they shall draw no salaries or other
1634compensation.
1635     (c)  The department is not required to grant funds for
1636startup costs to the authority; however, the governing body of
1637the county may provide funds for such startup costs.
1638     (d)  The authority shall cooperate with and participate in
1639any efforts to establish a regional expressway authority.
1640     (e)  Notwithstanding any other provision of law, including
1641s. 339.175(3), the authority shall not be entitled to voting
1642membership in a metropolitan planning organization in which
1643Osceola County, or any of the municipalities therein, are also
1644voting members.
1645     348.9953  Purposes and powers.-
1646     (1)  The authority may acquire, hold, construct, improve,
1647maintain, operate, own, and lease in the capacity of lessor the
1648Osceola County Expressway System and, in the construction of the
1649system, may construct any extensions, additions, or improvements
1650to the system or appurtenant facilities, including all necessary
1651approaches, roads, bridges, and avenues of access, with such
1652changes, modifications, or revisions of such project as the
1653authority deems desirable and proper.
1654     (2)  The authority may exercise all powers necessary,
1655appurtenant, convenient, or incidental to the carrying out of
1656its purposes, including, but not limited to, the following
1657rights and powers:
1658     (a)  To sue and be sued, implead and be impleaded, and
1659complain and defend in all courts.
1660     (b)  To adopt, use, and alter at will a corporate seal.
1661     (c)  To acquire by donation, purchase, or otherwise and
1662hold, lease as lessee, and use any franchise or property, real,
1663personal, or mixed, tangible or intangible, or any options
1664thereof, in its own name or in conjunction with others, or
1665interest therein, necessary or desirable for carrying out the
1666purposes of the authority and to sell, lease as lessor,
1667transfer, and dispose of any property or interest therein at any
1668time acquired by it.
1669     (d)  To enter into lease agreements for terms not exceeding
167040 years as either lessee or lessor to carry out the right to
1671lease as set forth in this part.
1672     (e)  To enter into lease-purchase agreements with the
1673department for terms not exceeding 40 years, or until any bonds
1674secured by a pledge of rentals thereunder and any refundings
1675thereof are fully paid as to both principal and interest,
1676whichever is longer.
1677     (f)  To fix, alter, charge, establish, and collect rates,
1678fees, rentals, and other charges for the services and facilities
1679of the system, which rates, fees, rentals, and other charges
1680must always be sufficient to comply with any covenants made with
1681the holders of any bonds issued pursuant to this part; however,
1682such right and power may be assigned or delegated by the
1683authority to the department.
1684     (g)  To borrow money and make and issue negotiable notes,
1685bonds, refunding bonds, and other evidences of indebtedness or
1686obligations, either in temporary or definitive form, hereinafter
1687in this part sometimes called "bonds" of the authority, for the
1688purpose of financing all or part of the improvement or extension
1689of the system and appurtenant facilities, including all
1690approaches, streets, roads, bridges, and avenues of access for
1691the system and for any other purpose authorized by this part,
1692such bonds to mature no more than 40 years after the date of the
1693issuance thereof, and to secure the payment of such bonds or any
1694part thereof by a pledge of any or all of its revenues, rates,
1695fees, rentals, or other charges, including all or any portion of
1696the Osceola County gasoline tax funds received by the authority
1697pursuant to the terms of any lease-purchase agreement between
1698the authority and the department; and, in general, to provide
1699for the security of such bonds and the rights and remedies of
1700the holders thereof. However, no portion of the Osceola County
1701gasoline tax funds shall be pledged for the construction of any
1702project for which a toll is to be charged unless the anticipated
1703tolls are reasonably estimated by the board of county
1704commissioners, at the date of its resolution pledging such
1705funds, to be sufficient to cover the principal and interest of
1706such obligations during the period when such pledge of funds
1707shall be in effect.
1708     1.  The authority shall reimburse Osceola County for any
1709sums expended from such gasoline tax funds used for the payment
1710of such obligations. Any gasoline tax funds so disbursed shall
1711be repaid when the authority deems it practicable, together with
1712interest at the highest rate applicable to any obligations of
1713the authority.
1714     2.  If the authority decides to fund or refund any bonds
1715issued by the authority or by the commission prior to their
1716maturity, the proceeds of such funding or refunding bonds must,
1717pending the prior redemption of the bonds to be funded or
1718refunded, be invested in direct obligations of the United
1719States. Such outstanding bonds may be funded or refunded by the
1720issuance of bonds pursuant to this part.
1721     (h)  To make contracts of every name and nature, including,
1722but not limited to, partnerships providing for participation in
1723ownership and revenues, and to execute all instruments necessary
1724or convenient for the carrying on of its business.
1725     (i)  Without limitation of the foregoing, to borrow money
1726and accept grants from and to enter into contracts, leases, or
1727other transactions with any federal agency, the state, any
1728agency of the state, Osceola County, or any other public body of
1729the state.
1730     (j)  To have the power of eminent domain, including the
1731procedural powers granted under chapters 73 and 74.
1732     (k)  To pledge, hypothecate, or otherwise encumber all or
1733any part of the revenues, rates, fees, rentals, or other charges
1734or receipts of the authority, including all or any portion of
1735the Osceola County gasoline tax funds received by the authority
1736pursuant to the terms of any lease-purchase agreement between
1737the authority and the department, as security for all or any of
1738the obligations of the authority.
1739     (l)  To enter into partnerships and other agreements
1740respecting ownership and revenue participation in order to
1741facilitate financing and constructing any project or portions
1742thereof.
1743     (m)  To participate in developer agreements or to receive
1744developer contributions.
1745     (n)  To contract with Osceola County for the operation of a
1746toll facility within the county.
1747     (o)  To do all acts and things necessary or convenient for
1748the conduct of its business and the general welfare of the
1749authority in order to carry out the powers granted to it by this
1750part or any other law.
1751     (p)  With the consent of the county within the jurisdiction
1752of which the following activities occur, to construct, operate,
1753and maintain roads, bridges, avenues of access, thoroughfares,
1754and boulevards outside the jurisdictional boundaries of Osceola
1755County, and to construct, repair, replace, operate, install, and
1756maintain electronic toll payment systems thereon, with all
1757necessary and incidental powers to accomplish the foregoing.
1758     (q)  To enter into an interlocal agreement with the
1759Orlando-Orange County Expressway Authority to coordinate and
1760plan for projects in order to avoid any negative impacts on
1761either authority.
1762     (3)  The authority shall not, at any time or in any manner,
1763pledge the credit or taxing power of the state or any political
1764subdivision or agency thereof, including Osceola County, nor
1765shall the authority's obligations be deemed to be an obligation
1766of the state or of any political subdivision or agency thereof,
1767nor shall the state or any political subdivision or agency
1768thereof, except the authority, be liable for the payment of the
1769principal of or interest on such obligations.
1770     (4)  Notwithstanding any other provision of this part,
1771acquisition of right-of-way for a project of the authority which
1772is within the boundaries of any municipality in Osceola County
1773shall not be initiated unless and until the governing body of
1774that municipality has approved the route of such project.
1775     (5)  Notwithstanding any other provision of this part,
1776acquisition of right-of-way for a project of the authority which
1777is within the unincorporated area of Osceola County shall not be
1778initiated unless and until the governing body of Osceola County
1779has approved the route of such project.
1780     (6)  The authority shall not, without the consent of
1781Osceola County or any affected municipality, enter into any
1782agreement that would legally prohibit the construction of any
1783road by Osceola County or by any municipality within Osceola
1784County.
1785     348.9954  Bond financing authority for improvements.-
1786Pursuant to s. 11(f), Art. VII of the State Constitution, the
1787Legislature hereby approves for bond financing by the Osceola
1788County Expressway Authority improvements to toll collection
1789facilities, interchanges to the legislatively approved
1790expressway system, and any other facility appurtenant,
1791necessary, or incidental to the approved system. Subject to
1792terms and conditions of applicable revenue bond resolutions and
1793covenants, such costs may be financed in whole or in part by
1794revenue bonds issued pursuant to s. 348.9955(1)(a) or (b) or by
1795a combination of such bonds, whether currently issued or issued
1796in the future.
1797     348.9955  Bonds of the authority.-
1798     (1)(a)  Bonds may be issued on behalf of the authority
1799pursuant to the State Bond Act.
1800     (b)  Alternatively, the authority may issue its own bonds
1801pursuant to this part at such times and in such principal amount
1802as, in the opinion of the authority, is necessary to provide
1803sufficient moneys for achieving its purposes; however, such
1804bonds may not pledge the full faith and credit of the state.
1805Bonds issued by the authority pursuant to this paragraph or
1806paragraph (a), whether on original issuance or on refunding,
1807shall be authorized by resolution of the members thereof and may
1808be either term or serial bonds, shall bear such date or dates,
1809mature at such time or times, not exceeding 40 years from their
1810respective dates, bear interest at such rate or rates, payable
1811semiannually, be in such denominations, be in such form, either
1812coupon or fully registered, shall carry such registration,
1813exchangeability, and interchangeability privileges, be payable
1814in such medium of payment and at such place or places, be
1815subject to such terms of redemption, and be entitled to such
1816priorities on the revenues, rates, fees, rentals, or other
1817charges or receipts of the authority, including the Osceola
1818County gasoline tax funds received by the authority pursuant to
1819the terms of any lease-purchase agreement between the authority
1820and the department, as such resolution or any resolution
1821subsequent thereto may provide. The bonds shall be executed
1822either by manual or facsimile signature by such officers as the
1823authority shall determine, provided that such bonds shall bear
1824at least one signature which is manually executed thereon, and
1825the coupons attached to such bonds shall bear the facsimile
1826signature or signatures of such officer or officers as shall be
1827designated by the authority and shall have the seal of the
1828authority affixed, imprinted, reproduced, or lithographed
1829thereon, all as may be prescribed in such resolution or
1830resolutions.
1831     (c)  Bonds issued pursuant to paragraph (a) or paragraph
1832(b) shall be sold at public sale in the same manner provided by
1833the State Bond Act. However, if the authority shall, by official
1834action at a public meeting, determine that a negotiated sale of
1835such bonds is in the best interest of the authority, the
1836authority may negotiate the sale of such bonds with the
1837underwriter designated by the authority and the Division of Bond
1838Finance of the State Board of Administration with respect to
1839bonds issued pursuant to paragraph (a) or solely the authority
1840with respect to bonds issued pursuant to paragraph (b). The
1841authority's determination to negotiate the sale of such bonds
1842may be based, in part, upon the written advice of the
1843authority's financial adviser. Pending the preparation of
1844definitive bonds, interim certificates may be issued to the
1845purchaser or purchasers of such bonds and may contain such terms
1846and conditions as the authority may determine.
1847     (d)  The authority may issue bonds pursuant to paragraph
1848(b) to refund any bonds previously issued regardless of whether
1849the bonds being refunded were issued by the authority pursuant
1850to this part or on behalf of the authority pursuant to the State
1851Bond Act.
1852     (2)  Any such resolution or resolutions authorizing any
1853bonds under this part may contain provisions which shall be part
1854of the contract with the holders of such bonds, as to:
1855     (a)  The pledging of all or any part of the revenues,
1856rates, fees, rentals, including all or any portion of the
1857Osceola County gasoline tax funds received by the authority
1858pursuant to the terms of any lease-purchase agreement between
1859the authority and the department, or any part thereof, or other
1860charges or receipts of the authority, derived by the authority,
1861from the Osceola County Expressway System.
1862     (b)  The completion, improvement, operation, extension,
1863maintenance, repair, lease, or lease-purchase agreement of the
1864system and the duties of the authority and others, including the
1865department, with reference thereto.
1866     (c)  Limitations on the purposes to which the proceeds of
1867the bonds, then or thereafter to be issued, or of any loan or
1868grant by the United States or the state may be applied.
1869     (d)  The fixing, charging, establishing, and collecting of
1870rates, fees, rentals, or other charges for use of the services
1871and facilities of the Osceola County Expressway System or any
1872part thereof.
1873     (e)  The setting aside of reserves or sinking funds or
1874repair and replacement funds and the regulation and disposition
1875thereof.
1876     (f)  Limitations on the issuance of additional bonds.
1877     (g)  The terms and provisions of any lease-purchase
1878agreement, deed of trust, or indenture securing the bonds or
1879under which the bonds may be issued.
1880     (h)  Any other or additional agreements with the holders of
1881the bonds which the authority may deem desirable and proper.
1882     (3)  The authority may employ fiscal agents as provided by
1883this part, or the State Board of Administration may, upon
1884request of the authority, act as fiscal agent for the authority
1885in the issuance of any bonds that may be issued pursuant to this
1886part. The State Board of Administration may, upon request of the
1887authority, take over the management, control, administration,
1888custody, and payment of any or all debt services or funds or
1889assets now or hereafter available for any bonds issued pursuant
1890to this part. The authority may enter into any deeds of trust,
1891indentures, or other agreements with its fiscal agent or with
1892any bank or trust company within or without the state as
1893security for such bonds and may, under such agreements, sign and
1894pledge all or any of the revenues, rates, fees, rentals, or
1895other charges or receipts of the authority, including all or any
1896portion of the Osceola County gasoline tax funds received by the
1897authority pursuant to the terms of any lease-purchase agreement
1898between the authority and the department, thereunder. Such deed
1899of trust, indenture, or other agreement may contain such
1900provisions as are customary in such instruments or, as the
1901authority may authorize, including, but without limitation,
1902provisions as to:
1903     (a)  The completion, improvement, operation, extension,
1904maintenance, repair, and lease of or lease-purchase agreement
1905relating to the Osceola County Expressway System and the duties
1906of the authority and others, including the department, with
1907reference thereto.
1908     (b)  The application of funds and the safeguarding of funds
1909on hand or on deposit.
1910     (c)  The rights and remedies of the trustee and the holders
1911of the bonds.
1912     (d)  The terms and provisions of the bonds or the
1913resolutions authorizing the issuance of the bonds.
1914     (4)  Any of the bonds issued pursuant to this part are, and
1915are declared to be, negotiable instruments and shall have all
1916the qualities and incidents of negotiable instruments under the
1917law merchant and the negotiable instruments law of the state.
1918     (5)  Notwithstanding any of the provisions of this part,
1919each project, building, or facility which has been financed by
1920the issuance of bonds or other evidence of indebtedness under
1921this part and any refinancing thereof is hereby approved as
1922provided for in s. 11(f), Art. VII of the State Constitution.
1923     348.9956  Remedies of the bondholders.-
1924     (1)  The rights and remedies conferred by this part upon or
1925granted to the bondholders shall be in addition to and not in
1926limitation of any rights and remedies lawfully granted to such
1927bondholders by the resolution or resolutions providing for the
1928issuance of bonds or by a lease-purchase agreement, deed of
1929trust, indenture, or other agreement under which the bonds may
1930be issued or secured. If the authority defaults in the payment
1931of the principal of or interest on any of the bonds issued under
1932this part after such principal of or interest on such bonds
1933becomes due, whether at maturity or upon call for redemption, or
1934if the department defaults in any payments under or covenants
1935made in any lease-purchase agreement between the authority and
1936the department, and such default continues for a period of 30
1937days, or if the authority or the department fails or refuses to
1938comply with this part or any agreement made with or for the
1939benefit of the holders of the bonds, the holders of 25 percent
1940in aggregate principal amount of the bonds then outstanding
1941shall be entitled as of right to the appointment of a trustee to
1942represent such bondholders for the purposes hereof; provided,
1943however, that such holders of 25 percent in aggregate principal
1944amount of the bonds then outstanding have first given notice to
1945the authority and to the department of their intention to
1946appoint a trustee. Such notice shall be deemed to have been
1947given if given in writing, deposited in a securely sealed
1948postpaid wrapper, mailed at a regularly maintained United States
1949post office box or station, and addressed, respectively, to the
1950chair of the authority and to the Secretary of Transportation at
1951the principal office of the department.
1952     (2)  Such trustee and any trustee under any deed of trust,
1953indenture, or other agreement may, and upon written request of
1954the holders of 25 percent or such other percentages as may be
1955specified in any deed of trust, indenture, or other agreement
1956aforesaid in principal amount of the bonds then outstanding
1957shall, in any court of competent jurisdiction in his, her, or
1958its own name:
1959     (a)  By mandamus or other suit, action, or proceeding at
1960law or in equity, enforce all rights of the bondholders,
1961including the right to require the authority to fix, establish,
1962maintain, collect, and charge rates, fees, rentals, and other
1963charges adequate to carry out any agreement as to or pledge of
1964the revenues or receipts of the authority, to carry out any
1965other covenants and agreements with or for the benefit of the
1966bondholders, and to perform its and their duties under this
1967part.
1968     (b)  By mandamus or other suit, action, or proceeding at
1969law or in equity, enforce all rights of the bondholders under or
1970pursuant to any lease-purchase agreement between the authority
1971and the department, including the right to require the
1972department to make all rental payments required to be made by it
1973under the provisions of any such lease-purchase agreement,
1974whether from the Osceola County gasoline tax funds or other
1975funds of the department so agreed to be paid, and to require the
1976department to carry out any other covenants and agreements with
1977or for the benefit of the bondholders and to perform its and
1978their duties under this part.
1979     (c)  Bring suit upon the bonds.
1980     (d)  By action or suit in equity, require the authority or
1981the department to account as if it were the trustee of an
1982express trust for the bondholders.
1983     (e)  By action or suit in equity, enjoin any acts or things
1984which may be unlawful or in violation of the rights of the
1985bondholders.
1986     (3)  Whether or not all bonds have been declared due and
1987payable, any trustee, when appointed under this section or
1988acting under a deed of trust, indenture, or other agreement,
1989shall be entitled as of right to the appointment of a receiver
1990who may enter upon and take possession of the Osceola County
1991Expressway System or the facilities or any part or parts
1992thereof, the rates, fees, rentals, or other revenues, charges,
1993or receipts from which are or may be applicable to the payment
1994of the bonds so in default; and, subject to and in compliance
1995with the provisions of any lease-purchase agreement between the
1996authority and the department, operate and maintain the same for
1997and on behalf and in the name of the authority, the department,
1998and the bondholders; and collect and receive all rates, fees,
1999rentals, and other charges or receipts or revenues arising
2000therefrom in the same manner as the authority or the department
2001might do; and shall deposit all such moneys in a separate
2002account and apply the same in such manner as the court shall
2003direct. In any suit, action, or proceeding by the trustee, the
2004fees, counsel fees, and expenses of the trustee and such
2005receiver, if any, and all costs and disbursements allowed by the
2006court shall be a first charge on any rates, fees, rentals, or
2007other charges, revenues, or receipts derived from the Osceola
2008County Expressway System or the facilities or services or any
2009part or parts thereof, including payments under any such lease-
2010purchase agreement as aforesaid which such rates, fees, rentals,
2011or other charges, revenues, or receipts shall or may be
2012applicable to the payment of the bonds so in default. Such
2013trustee shall also have and possess all of the powers necessary
2014or appropriate for the exercise of any functions specifically
2015set forth in this part or incident to the representation of the
2016bondholders in the enforcement and protection of their rights.
2017     (4)  Nothing in this section or any other section of this
2018part authorizes any receiver appointed pursuant to this part for
2019the purpose, subject to and in compliance with the provisions of
2020any lease-purchase agreement between the authority and the
2021department, of operating and maintaining the Osceola County
2022Expressway System or any facilities or part or parts thereof to
2023sell, assign, mortgage, or otherwise dispose of any of the
2024assets of whatever kind and character belonging to the
2025authority. It is the intention of this part to limit the powers
2026of such receiver, subject to and in compliance with the
2027provisions of any lease-purchase agreement between the authority
2028and the department, to the operation and maintenance of the
2029Osceola County Expressway System or any facility or part or
2030parts thereof, as the court may direct, in the name and for and
2031on behalf of the authority, the department, and the bondholders.
2032No holder of bonds of the authority or any trustee shall ever
2033have the right in any suit, action, or proceeding at law or in
2034equity to compel a receiver, nor shall any receiver be
2035authorized or any court be empowered to direct the receiver, to
2036sell, assign, mortgage, or otherwise dispose of any assets of
2037whatever kind or character belonging to the authority.
2038     348.9957  Lease-purchase agreement.-
2039     (1)  In order to effectuate the purposes of this part and
2040as authorized by this part, the authority may enter into a
2041lease-purchase agreement with the department relating to and
2042covering the system.
2043     (2)  Such lease-purchase agreement shall provide for the
2044leasing of the system by the authority as lessor to the
2045department as lessee, shall prescribe the term of such lease and
2046the rentals to be paid under the lease, and shall provide that,
2047upon the completion of the faithful performance under and
2048termination of the agreement, title in fee simple absolute to
2049the system as then constituted shall be transferred in
2050accordance with law by the authority to the state and the
2051authority shall deliver to the department such deeds and
2052conveyances as are necessary or convenient to vest title in fee
2053simple absolute in the state.
2054     (3)  Such lease-purchase agreement may include such other
2055provisions, agreements, and covenants as the authority and the
2056department deem advisable or required, including, but not
2057limited to, provisions as to the bonds to be issued under and
2058for the purposes of this part; the completion, extension,
2059improvement, operation, and maintenance of the system; the
2060expenses and the cost of operation of the authority; the
2061charging and collection of tolls, rates, fees, and other charges
2062for the use of the services and facilities of the system; the
2063application of federal or state grants or aid which may be made
2064or given to assist the authority in the completion, extension,
2065improvement, operation, and maintenance of the system, which the
2066authority may accept and apply to such purposes; the enforcement
2067of payment and collection of rentals; and any other terms,
2068provisions, or covenants necessary, incidental, or appurtenant
2069to the making of and full performance under the agreement.
2070     (4)  The department as lessee under such lease-purchase
2071agreement is authorized to pay as rentals thereunder any rates,
2072fees, charges, funds, moneys, receipts, or income accruing to
2073the department from the operation of the system and the Osceola
2074County gasoline tax funds and may also pay as rentals any
2075appropriations received by the department pursuant to any act of
2076the Legislature. However, nothing in this part or in such lease-
2077purchase agreement shall require the making or continuance of
2078such appropriations, nor shall any holder of bonds issued
2079pursuant to this part have any right to compel the making or
2080continuance of such appropriations.
2081     (5)  A pledge of Osceola County gasoline tax funds as
2082rentals under such lease-purchase agreement shall not be made
2083without the consent of Osceola County evidenced by a resolution
2084duly adopted by the board of county commissioners of the county
2085at a public hearing held pursuant to due notice thereof
2086published at least once a week for 3 consecutive weeks before
2087the hearing in a newspaper of general circulation in Osceola
2088County. In addition to other provisions, the resolution must
2089provide that any excess of such pledged gasoline tax funds which
2090is not required for debt service or reserves for such debt
2091service for any bonds issued by the authority shall be returned
2092annually to the department for distribution to Osceola County as
2093provided by law. Before making any application for such pledge
2094of gasoline tax funds, the authority shall present the plan of
2095its proposed project to the Osceola County Planning and Zoning
2096Commission for its comments and recommendations.
2097     (6)  The department may covenant in any lease-purchase
2098agreement that it will pay, from sources other than the revenues
2099derived from the operation of the system and Osceola County
2100gasoline tax funds, all or any part of the cost of the
2101operation, maintenance, repair, renewal, and replacement of the
2102system and any part of the cost of completing the system to the
2103extent that the proceeds of bonds issued therefor are
2104insufficient. The department may also agree to make such other
2105payments from any moneys available to the county in connection
2106with the construction or completion of the system as the
2107department deems to be fair and proper under such covenants.
2108     (7)  The system shall be a part of the state road system,
2109and the department may, upon the request of the authority,
2110expend moneys from funds available for such purposes and use its
2111engineering and other forces as it deems necessary and desirable
2112for the operation of the authority and for traffic surveys,
2113borings, surveys, preparation of plans and specifications,
2114estimates of cost, and other preliminary engineering and other
2115studies; however, the aggregate amount of moneys expended for
2116such purposes by the department must not exceed $375,000.
2117     348.9958  Department may be appointed agent of authority
2118for construction.-The authority may appoint the department as
2119its agent for the purpose of constructing improvements and
2120extensions to and the completion of the system. In such event,
2121the authority shall provide the department with complete copies
2122of all documents, agreements, resolutions, contracts, and
2123instruments relating to the system; shall request the department
2124to do such construction work, including the planning, surveying,
2125and actual construction of the completion, extensions, and
2126improvements to the system; and shall transfer to the credit of
2127an account of the department in the treasury of the state the
2128necessary funds for such purpose. After such appointment and
2129receipt of funds, the department is authorized, empowered, and
2130directed to proceed with such construction and to use the funds
2131for such purpose in the same manner as it is authorized to use
2132funds otherwise provided to it by law for the construction of
2133roads and bridges.
2134     348.9959  Acquisition of lands and property.-
2135     (1)  For the purposes of this part, the authority may
2136acquire, by gift, devise, purchase, or condemnation by eminent
2137domain proceedings, private or public property and property
2138rights, including rights of access, air, view, and light, as the
2139authority may deem necessary for any of the purposes of this
2140part, including, but not limited to, any lands reasonably
2141necessary for securing applicable permits, areas necessary for
2142management of access, borrow pits, drainage ditches, water
2143retention areas, rest areas, replacement access for landowners
2144whose access is impaired due to the construction of a facility,
2145and replacement rights-of-way for relocated rail and utility
2146facilities; for existing, proposed, or anticipated
2147transportation facilities on the system or in a transportation
2148corridor designated by the authority; or for the purposes of
2149screening, relocation, removal, or disposal of junkyards and
2150scrap metal processing facilities. The authority may condemn any
2151material and property necessary for such purposes.
2152     (2)  The right of eminent domain conferred in this part
2153shall be exercised by the authority in the manner provided by
2154law.
2155     (3)  When the authority acquires property for a
2156transportation facility or in a transportation corridor, the
2157authority is not subject to any liability imposed by chapter 376
2158or chapter 403 for preexisting soil or groundwater contamination
2159due solely to its ownership of the property. This section does
2160not affect the rights or liabilities of any past or future
2161owners of the acquired property and does not affect the
2162liability of any governmental entity for the results of its
2163actions which create or exacerbate a pollution source. The
2164authority and the Department of Environmental Protection may
2165enter into interagency agreements for the performance, funding,
2166and reimbursement of the investigative and remedial acts
2167necessary for property acquired by the authority.
2168     348.9960  Cooperation with other units, boards, agencies,
2169and individuals.-Any county, municipality, drainage district,
2170road and bridge district, school district, or other political
2171subdivision, board, commission, or individual in or of the state
2172may make and enter into any contract, lease, conveyance,
2173partnership, or other agreement with the authority within the
2174provisions and for purposes of this part; and the authority may
2175make and enter into any contract, lease, conveyance,
2176partnership, or other agreement with any political subdivision,
2177agency, or instrumentality of the state or any federal agency,
2178corporation, or individual for the purpose of carrying out the
2179provisions of this part.
2180     348.9961  Covenant of the state.-The state does hereby
2181pledge to and agrees with any person, firm, or corporation or
2182federal or state agency subscribing to or acquiring the bonds to
2183be issued by the authority for the purposes of this part that
2184the state will not limit or alter the rights hereby vested in
2185the authority and the department until all bonds at any time
2186issued together with the interest thereon are fully paid and
2187discharged insofar as the same affects the rights of the holders
2188of bonds issued hereunder. The state does further pledge to and
2189agree with the United States that in the event any federal
2190agency shall construct or contribute any funds for the
2191completion, extension, or improvement of the Osceola County
2192Expressway System, or any part or portion thereof, the state
2193will not alter or limit the rights and powers of the authority
2194and the department in any manner which would be inconsistent
2195with the continued maintenance and operation of the Osceola
2196County Expressway System or the completion, extension, or
2197improvement thereof or which would be inconsistent with the due
2198performance of any agreements between the authority and any such
2199federal agency. The authority and the department shall continue
2200to have and may exercise all powers herein granted so long as
2201the same shall be necessary or desirable for the carrying out of
2202the purposes of this part and the purposes of the United States
2203in the completion, extension, or improvement of the Osceola
2204County Expressway System or any part or portion thereof.
2205     348.9962  Exemption from taxation.-The effectuation of the
2206authorized purposes of the authority created under this part is
2207and shall be in all respects for the benefit of the people of
2208the state, for the increase of their commerce and prosperity,
2209and for the improvement of their health and living conditions;
2210and, since the authority will be performing essential
2211governmental functions in effectuating such purposes, the
2212authority is not required to pay any taxes or assessments of any
2213kind or nature whatsoever upon any property acquired or used by
2214it for such purposes or upon any rates, fees, rentals, receipts,
2215income, or charges at any time received by it; and the bonds
2216issued by the authority, their transfer, and the income
2217therefrom, including any profits made on the sale thereof, shall
2218at all times be free from taxation of any kind by the state or
2219by any political subdivision or taxing agency or instrumentality
2220thereof. This section does not apply to any tax imposed by
2221chapter 220 on interest, income, or profits on debt obligations
2222owned by corporations.
2223     348.9963  Eligibility for investments and security.-Any
2224bonds or other obligations issued pursuant to this part shall be
2225and constitute legal investments for banks, savings banks,
2226trustees, executors, administrators, and all other fiduciaries
2227and for all state, municipal, and other public funds and shall
2228also be and constitute securities eligible for deposit as
2229security for all state, municipal, or other public funds,
2230notwithstanding the provisions of any other law or laws to the
2231contrary.
2232     348.9964  Pledges enforceable by bondholders.-It is the
2233express intention of this part that any pledge by the department
2234of rates, fees, revenues, Osceola County gasoline tax funds, or
2235other funds, as rentals, to the authority, or any covenants or
2236agreements relative thereto, may be enforceable in any court of
2237competent jurisdiction against the authority or directly against
2238the department by any holder of bonds issued by the authority.
2239     348.9965  This part complete and additional authority.-
2240     (1)  The powers conferred by this part are in addition and
2241supplemental to the existing powers of the State Board of
2242Administration and the department, and this part does not repeal
2243any provision of any other law, general, special, or local, but
2244supersedes such a provision to the extent of any conflict in the
2245exercise of the powers provided in this part and to provide a
2246complete method for the exercise of the powers granted in this
2247part. The extension and improvement of the system and the
2248issuance of bonds under this part to finance all or part of the
2249cost of the system may be accomplished upon compliance with the
2250provisions of this part without regard to or necessity for
2251compliance with the provisions, limitations, or restrictions
2252contained in any other general, special, or local law,
2253including, but not limited to, s. 215.821. The issuance of bonds
2254pursuant to this part does not require approval by the qualified
2255electors or qualified electors who are freeholders in the state
2256or in Osceola County or in any other political subdivision of
2257the state.
2258     (2)  This part does not repeal, rescind, or modify the
2259Osceola County Charter and does not repeal, rescind, or modify
2260any other law relating to the department, the State Board of
2261Administration, or the Division of Bond Finance of the State
2262Board of Administration but supersedes any such law to the
2263extent of any conflict with this part, including, but not
2264limited to, s. 215.821.
2265     348.9966  Osceola County auditor.-In addition to other
2266financial requirements provided by this part or by general law,
2267the Office of the Osceola County Commission Auditor as created
2268in Article II, section 2.3 of the Osceola County Home Rule
2269Charter may conduct financial and compliance, economy and
2270efficiency, and performance audits of the authority with written
2271reports to be submitted to the authority and the governing body
2272of Osceola County.
2273     348.9967  Automatic dissolution.-If, prior to January 1,
22742020, the authority has not encumbered any funds to further its
2275purposes and powers as authorized in s. 348.9953 to establish
2276the system, the authority is dissolved.
2277     Section 36.  Subsection (6) of section 369.317, Florida
2278Statutes, is amended to read:
2279     369.317  Wekiva Parkway.-
2280     (6)  The Orlando-Orange County Expressway Authority is
2281hereby granted the authority to act as a third-party acquisition
2282agent, pursuant to s. 259.041 on behalf of the Board of Trustees
2283or chapter 373 on behalf of the governing board of the St. Johns
2284River Water Management District, for the acquisition of all
2285necessary lands, property and all interests in property
2286identified herein, including fee simple or less-than-fee simple
2287interests. The lands subject to this authority are identified in
2288paragraph 10.a., State of Florida, Office of the Governor,
2289Executive Order 03-112 of July 1, 2003, and in Recommendation 16
2290of the Wekiva Basin Area Task Force created by Executive Order
22912002-259, such lands otherwise known as Neighborhood Lakes, a
22921,587+/-acre parcel located in Orange and Lake Counties within
2293Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
2294and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
2295Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
2296County within Section 37, Township 19 South, Range 28 East; New
2297Garden Coal; a 1,605+/-acre parcel in Lake County within
2298Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
2299East; Pine Plantation, a 617+/-acre tract consisting of eight
2300individual parcels within the Apopka City limits. The Department
2301of Transportation, the Department of Environmental Protection,
2302the St. Johns River Water Management District, and other land
2303acquisition entities shall participate and cooperate in
2304providing information and support to the third-party acquisition
2305agent. The land acquisition process authorized by this paragraph
2306shall begin no later than December 31, 2004. Acquisition of the
2307properties identified as Neighborhood Lakes, Pine Plantation,
2308and New Garden Coal, or approval as a mitigation bank shall be
2309concluded no later than December 31, 2010. Department of
2310Transportation and Orlando-Orange County Expressway Authority
2311funds expended to purchase an interest in those lands identified
2312in this subsection shall be eligible as environmental mitigation
2313for road construction related impacts in the Wekiva Study Area.
2314If any of the lands identified in this subsection are used as
2315environmental mitigation for road-construction-related impacts
2316incurred by the Department of Transportation or Orlando-Orange
2317County Expressway Authority, or for other impacts incurred by
2318other entities, within the Wekiva Study Area or within the
2319Wekiva parkway alignment corridor and, if the mitigation offsets
2320these impacts, the St. Johns River Water Management District and
2321the Department of Environmental Protection shall consider the
2322activity regulated under part IV of chapter 373 to meet the
2323cumulative impact requirements of s. 373.414(8)(a).
2324     Section 37.  Subsections (2) and (5) and paragraph (b) of
2325subsection (9) of section 373.41492, Florida Statutes, are
2326amended to read:
2327     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
2328mitigation for mining activities within the Miami-Dade County
2329Lake Belt.-
2330     (2)  To provide for the mitigation of wetland resources
2331lost to mining activities within the Miami-Dade County Lake Belt
2332Plan, effective October 1, 1999, a mitigation fee is imposed on
2333each ton of limerock and sand extracted by any person who
2334engages in the business of extracting limerock or sand from
2335within the Miami-Dade County Lake Belt Area and the east one-
2336half of sections 24 and 25 and all of sections 35 and 36,
2337Township 53 South, Range 39 East. The mitigation fee is imposed
2338for each ton of limerock and sand sold from within the
2339properties where the fee applies in raw, processed, or
2340manufactured form, including, but not limited to, sized
2341aggregate, asphalt, cement, concrete, and other limerock and
2342concrete products. The mitigation fee imposed by this subsection
2343for each ton of limerock and sand sold shall be 12 cents per ton
2344beginning January 1, 2007; 18 cents per ton beginning January 1,
23452008; and 24 cents per ton beginning January 1, 2009; and 45
2346cents per ton beginning January 1, 2011. To upgrade a water
2347treatment plant that treats water coming from the Northwest
2348Wellfield in Miami-Dade County, a water treatment plant upgrade
2349fee is imposed within the same Lake Belt Area subject to the
2350mitigation fee and upon the same kind of mined limerock and sand
2351subject to the mitigation fee. The water treatment plant upgrade
2352fee imposed by this subsection for each ton of limerock and sand
2353sold shall be 15 cents per ton beginning on January 1, 2007, and
2354the collection of this fee shall cease once the total amount of
2355proceeds collected for this fee reaches the amount of the actual
2356moneys necessary to design and construct the water treatment
2357plant upgrade, as determined in an open, public solicitation
2358process. Any limerock or sand that is used within the mine from
2359which the limerock or sand is extracted is exempt from the fees.
2360The amount of the mitigation fee and the water treatment plant
2361upgrade fee imposed under this section must be stated separately
2362on the invoice provided to the purchaser of the limerock or sand
2363product from the limerock or sand miner, or its subsidiary or
2364affiliate, for which the fee or fees apply. The limerock or sand
2365miner, or its subsidiary or affiliate, who sells the limerock or
2366sand product shall collect the mitigation fee and the water
2367treatment plant upgrade fee and forward the proceeds of the fees
2368to the Department of Revenue on or before the 20th day of the
2369month following the calendar month in which the sale occurs.
2370     (5)  Each January 1, beginning January 1, 2010, through
2371December 31, 2011 and each January 1 thereafter, the per-ton
2372mitigation fee shall be increased by 2.1 percentage points, plus
2373a cost growth index. The cost growth index shall be the
2374percentage change in the weighted average of the Employment Cost
2375Index for All Civilian Workers (ecu 10001I), issued by the
2376United States Department of Labor for the most recent 12-month
2377period ending on September 30, and the percentage change in the
2378Producer Price Index for All Commodities (WPU 00000000), issued
2379by the United States Department of Labor for the most recent 12-
2380month period ending on September 30, compared to the weighted
2381average of these indices for the previous year. The weighted
2382average shall be calculated as 0.6 times the percentage change
2383in the Employment Cost Index for All Civilian Workers (ecu
238410001I), plus 0.4 times the percentage change in the Producer
2385Price Index for All Commodities (WPU 00000000). If either index
2386is discontinued, it shall be replaced by its successor index, as
2387identified by the United States Department of Labor.
2388     (9)
2389     (b)  No sooner than January 31, 2010, and no more
2390frequently than every 2 5 years thereafter, the interagency
2391committee shall submit to the Legislature a report recommending
2392any needed adjustments to the mitigation fee, including the
2393annual escalator provided for in subsection (5), to ensure that
2394the revenue generated reflects the actual costs of the
2395mitigation.
2396     Section 38.  Subsection (1) of section 403.4131, Florida
2397Statutes, is amended to read:
2398     403.4131  Litter control.-
2399     (1)  The Department of Transportation shall establish an
2400"adopt-a-highway" program to allow local organizations to be
2401identified with specific highway cleanup and highway
2402beautification projects authorized under s. 339.2405. The
2403department shall report to the Governor and the Legislature on
2404the progress achieved and the savings incurred by the "adopt-a-
2405highway" program. The department shall also monitor and report
2406on compliance with the provisions of the adopt-a-highway program
2407to ensure that organizations participating that participate in
2408the program comply with the goals identified by the department.
2409     Section 39.  Section 479.01, Florida Statutes, is amended
2410to read:
2411     479.01  Definitions.-As used in this chapter, the term:
2412     (1)  "Allowable uses" means those uses that are authorized
2413within a zoning category without the requirement to obtain a
2414variance or waiver. The term includes conditional uses and those
2415allowed by special exception, but does not include uses that are
2416accessory, incidental to the allowable uses, or allowed only on
2417a temporary basis.
2418     (2)(1)  "Automatic changeable facing" means a facing that
2419is capable of delivering two or more advertising messages
2420through an automated or remotely controlled process.
2421     (3)(2)  "Business of outdoor advertising" means the
2422business of constructing, erecting, operating, using,
2423maintaining, leasing, or selling outdoor advertising structures,
2424outdoor advertising signs, or outdoor advertisements.
2425     (4)(3)  "Commercial or industrial zone" means a parcel of
2426land designated for commercial or industrial uses use under both
2427the future land use map of the comprehensive plan and the land
2428use development regulations adopted pursuant to chapter 163. If
2429a parcel is located in an area designated for multiple uses on
2430the future land use map of a comprehensive plan and the zoning
2431category of the land development regulations does do not clearly
2432designate that parcel for a specific use, the area will be
2433considered an unzoned commercial or industrial area if it meets
2434the criteria of subsection (26) (23).
2435     (5)  "Commercial use" means activities associated with the
2436sale, rental, or distribution of products or the performance of
2437services. The term includes, without limitation, such uses or
2438activities as retail sales; wholesale sales; rentals of
2439equipment, goods, or products; offices; restaurants; food
2440service vendors; sports arenas; theaters; and tourist
2441attractions.
2442     (6)(4)  "Controlled area" means shall mean 660 feet or less
2443from the nearest edge of the right-of-way of any portion of the
2444State Highway System, interstate, or federal-aid primary system
2445and beyond 660 feet of the nearest edge of the right-of-way of
2446any portion of the State Highway System, interstate, or federal-
2447aid primary system outside an urban area.
2448     (7)(5)  "Department" means the Department of
2449Transportation.
2450     (8)(6)  "Erect" means to construct, build, raise, assemble,
2451place, affix, attach, create, paint, draw, or in any other way
2452bring into being or establish; but it does not include any of
2453the foregoing activities when performed as an incident to the
2454change of advertising message or customary maintenance or repair
2455of a sign.
2456     (9)(7)  "Federal-aid primary highway system" means the
2457existing, unbuilt, or unopened system of highways or portions
2458thereof, which shall include the National Highway System,
2459designated as the federal-aid primary highway system by the
2460department.
2461     (10)(8)  "Highway" means any road, street, or other way
2462open or intended to be opened to the public for travel by motor
2463vehicles.
2464     (11)  "Industrial use" means activities associated with the
2465manufacture, assembly, processing, or storage of products or the
2466performance of services relating thereto. The term includes,
2467without limitation, such uses or activities as automobile
2468manufacturing or repair, boat manufacturing or repair, junk
2469yards, meat packing facilities, citrus processing and packing
2470facilities, produce processing and packing facilities,
2471electrical generating plants, water treatment plants, sewage
2472treatment plants, and solid waste disposal sites.
2473     (12)(9)  "Interstate highway system" means the existing,
2474unbuilt, or unopened system of highways or portions thereof
2475designated as the national system of interstate and defense
2476highways by the department.
2477     (13)(10)  "Main-traveled way" means the traveled way of a
2478highway on which through traffic is carried. In the case of a
2479divided highway, the traveled way of each of the separate
2480roadways for traffic in opposite directions is a main-traveled
2481way. It does not include such facilities as frontage roads,
2482turning roadways which specifically include on-ramps or off-
2483ramps to the interstate highway system, or parking areas.
2484     (14)(11)  "Maintain" means to allow to exist.
2485     (15)(12)  "Motorist services directional signs" means signs
2486providing directional information about goods and services in
2487the interest of the traveling public where such signs were
2488lawfully erected and in existence on or before May 6, 1976, and
2489continue to provide directional information to goods and
2490services in a defined area.
2491     (16)(13)  "New highway" means the construction of any road,
2492paved or unpaved, where no road previously existed or the act of
2493paving any previously unpaved road.
2494     (17)(14)  "Nonconforming sign" means a sign which was
2495lawfully erected but which does not comply with the land use,
2496setback, size, spacing, and lighting provisions of state or
2497local law, rule, regulation, or ordinance passed at a later date
2498or a sign which was lawfully erected but which later fails to
2499comply with state or local law, rule, regulation, or ordinance
2500due to changed conditions.
2501     (18)(15)  "Premises" means all the land areas under
2502ownership or lease arrangement to the sign owner which are
2503contiguous to the business conducted on the land except for
2504instances where such land is a narrow strip contiguous to the
2505advertised activity or is connected by such narrow strip, the
2506only viable use of such land is to erect or maintain an
2507advertising sign. When the sign owner is a municipality or
2508county, "premises" shall mean all lands owned or leased by such
2509municipality or county within its jurisdictional boundaries as
2510set forth by law.
2511     (19)(16)  "Remove" means to disassemble, transport from the
2512site, and dispose of sign materials by sale or destruction.
2513     (20)(17)  "Sign" means any combination of structure and
2514message in the form of an outdoor sign, display, device, figure,
2515painting, drawing, message, placard, poster, billboard,
2516advertising structure, advertisement, logo, symbol, or other
2517form, whether placed individually or on a V-type, back-to-back,
2518side-to-side, stacked, or double-faced display or automatic
2519changeable facing, designed, intended, or used to advertise or
2520inform, any part of the advertising message or informative
2521contents of which is visible from any place on the main-traveled
2522way. The term does not include an official traffic control sign,
2523official marker, or specific information panel erected, caused
2524to be erected, or approved by the department.
2525     (21)(18)  "Sign direction" means that direction from which
2526the message or informative contents are most visible to oncoming
2527traffic on the main-traveled way.
2528     (22)(19)  "Sign face" means the part of the sign, including
2529trim and background, which contains the message or informative
2530contents.
2531     (23)(20)  "Sign facing" includes all sign faces and
2532automatic changeable faces displayed at the same location and
2533facing the same direction.
2534     (24)(21)  "Sign structure" means all the interrelated parts
2535and material, such as beams, poles, and stringers, which are
2536constructed for the purpose of supporting or displaying a
2537message or informative contents.
2538     (25)(22)  "State Highway System" means the existing,
2539unbuilt, or unopened system of highways or portions thereof
2540designated as the State Highway System by the department.
2541     (26)(23)  "Unzoned commercial or industrial area" means a
2542parcel of land designated by the future land use map of the
2543comprehensive plan for multiple uses that include commercial or
2544industrial uses but are not specifically designated for
2545commercial or industrial uses under the land development
2546regulations, in which three or more separate and distinct
2547conforming industrial or commercial activities are located.
2548     (a)  These activities must satisfy the following criteria:
2549     1.  At least one of the commercial or industrial activities
2550must be located on the same side of the highway and within 800
2551feet of the sign location;
2552     2.  The commercial or industrial activities must be within
2553660 feet from the nearest edge of the right-of-way; and
2554     3.  The commercial industrial activities must be within
25551,600 feet of each other.
2556
2557Distances specified in this paragraph must be measured from the
2558nearest outer edge of the primary building or primary building
2559complex when the individual units of the complex are connected
2560by covered walkways.
2561     (b)  Certain activities, including, but not limited to, the
2562following, may not be so recognized as commercial or industrial
2563activities:
2564     1.  Signs.
2565     2.  Agricultural, forestry, ranching, grazing, farming, and
2566related activities, including, but not limited to, wayside fresh
2567produce stands.
2568     3.  Transient or temporary activities.
2569     4.  Activities not visible from the main-traveled way.
2570     5.  Activities conducted more than 660 feet from the
2571nearest edge of the right-of-way.
2572     6.  Activities conducted in a building principally used as
2573a residence.
2574     7.  Railroad tracks and minor sidings.
2575     8.  Communication towers.
2576     (27)(24)  "Urban area" has the same meaning as defined in
2577s. 334.03(29)(32).
2578     (28)(25)  "Visible commercial or industrial activity" means
2579a commercial or industrial activity that is capable of being
2580seen without visual aid by a person of normal visual acuity from
2581the main-traveled way and that is generally recognizable as
2582commercial or industrial.
2583     (29)(26)  "Visible sign" means that the advertising message
2584or informative contents of a sign, whether or not legible, is
2585capable of being seen without visual aid by a person of normal
2586visual acuity.
2587     (30)(27)  "Wall mural" means a sign that is a painting or
2588an artistic work composed of photographs or arrangements of
2589color and that displays a commercial or noncommercial message,
2590relies solely on the side of the building for rigid structural
2591support, and is painted on the building or depicted on vinyl,
2592fabric, or other similarly flexible material that is held in
2593place flush or flat against the surface of the building. The
2594term excludes a painting or work placed on a structure that is
2595erected for the sole or primary purpose of signage.
2596     (31)  "Zoning category" means the designation under the
2597land development regulations or other similar ordinance enacted
2598to regulate the use of land as provided in s. 163.3202(2)(b),
2599which designation sets forth the allowable uses, restrictions,
2600and limitations on use applicable to properties within the
2601category.
2602     Section 40.  Paragraph (c) of subsection (9) of section
2603479.07, Florida Statutes, is amended to read:
2604     479.07  Sign permits.-
2605     (9)
2606     (c)  Notwithstanding subparagraph (a)1., there is
2607established a pilot program in Orange, Hillsborough, and Osceola
2608Counties, and within the boundaries of the City of Miami, under
2609which the distance between permitted signs on the same side of
2610an interstate highway may be reduced to 1,000 feet if all other
2611requirements of this chapter are met and if:
2612     1.  The local government has adopted a plan, program,
2613resolution, ordinance, or other policy encouraging the voluntary
2614removal of signs in a downtown, historic, redevelopment, infill,
2615or other designated area which also provides for a new or
2616replacement sign to be erected on an interstate highway within
2617that jurisdiction if a sign in the designated area is removed;
2618     2.  The sign owner and the local government mutually agree
2619to the terms of the removal and replacement; and
2620     3.  The local government notifies the department of its
2621intention to allow such removal and replacement as agreed upon
2622pursuant to subparagraph 2.
2623     4.  The new or replacement sign to be erected on an
2624interstate highway within that jurisdiction is to be located on
2625a parcel of land specifically designated for commercial or
2626industrial use under both the future land use map of the
2627comprehensive plan and the land use development regulations
2628adopted pursuant to chapter 163 and such parcel shall not be
2629subject to an evaluation in accordance with the criteria set
2630forth in the s. 479.01(26) to determine if the parcel can be
2631considered an unzoned commercial or industrial area.
2632
2633The department shall maintain statistics tracking the use of the
2634provisions of this pilot program based on the notifications
2635received by the department from local governments under this
2636paragraph.
2637     Section 41.  Subsections (1) and (5) of section 479.261,
2638Florida Statutes, are amended to read:
2639     479.261  Logo sign program.-
2640     (1)  The department shall establish a logo sign program for
2641the rights-of-way of the interstate highway system to provide
2642information to motorists about available gas, food, lodging,
2643camping, attractions, and other services, as approved by the
2644Federal Highway Administration, at interchanges through the use
2645of business logos and may include additional interchanges under
2646the program.
2647     (a)  As used in this chapter, the term "attraction" means
2648an establishment, site, facility, or landmark that is open a
2649minimum of 5 days a week for 52 weeks a year; that has as its
2650principal focus family-oriented entertainment, cultural,
2651educational, recreational, scientific, or historical activities;
2652and that is publicly recognized as a bona fide tourist
2653attraction.
2654     (b)  The department shall incorporate the use of RV-
2655friendly markers on specific information logo signs for
2656establishments that cater to the needs of persons driving
2657recreational vehicles. Establishments that qualify for
2658participation in the specific information logo program and that
2659also qualify as "RV-friendly" may request the RV-friendly marker
2660on their specific information logo sign. An RV-friendly marker
2661must consist of a design approved by the Federal Highway
2662Administration. The department shall adopt rules in accordance
2663with chapter 120 to administer this paragraph, including rules
2664setting forth the minimum requirements that establishments must
2665meet in order to qualify as RV-friendly. These requirements
2666shall include large parking spaces, entrances, and exits that
2667can easily accommodate recreational vehicles and facilities
2668having appropriate overhead clearances, if applicable.
2669     (c)  The department may implement a 3-year, rotation-based
2670logo program providing for the removal and addition of
2671participating businesses in the program.
2672     (5)  At a minimum, permit fees for businesses that
2673participate in the program must be established in an amount
2674sufficient to offset the total cost to the department for the
2675program, including contract costs. The department shall provide
2676the services in the most efficient and cost-effective manner
2677through department staff or by contracting for some or all of
2678the services. The department shall adopt rules that set
2679reasonable rates based upon factors such as population, traffic
2680volume, market demand, and costs for annual permit fees.
2681However, annual permit fees for sign locations inside an urban
2682area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
2683and annual permit fees for sign locations outside an urban area,
2684as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
2685recovering program costs, the proceeds from the annual permit
2686fees shall be deposited into the State Transportation Trust Fund
2687and used for transportation purposes.
2688     Section 42.  Sections 479.01, 479.015, 479.02, 479.03,
2689479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2690479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2691479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2692are designated as part I of chapter 479, Florida Statutes, and
2693entitled "General Provisions."
2694     Section 43.  Sections 479.261, 479.262, 479.27, 479.28, and
2695479.30, Florida Statutes, are designated as part II of chapter
2696479, Florida Statutes, and entitled "Special Programs."
2697     Section 44.  Part III of chapter 479, Florida Statutes,
2698consisting of sections 479.310, 479.311, 479.312, 479.313, and
2699479.315, is created to read:
2700
PART III
2701
SIGN REMOVAL
2702     479.310  Unpermitted and illegal signs; intent.-It is the
2703intent of this part to relieve the department from the financial
2704burden incurred in the removal of unpermitted and illegal signs
2705located within the right-of-way of and controlled areas adjacent
2706to the State Highway System, interstate highway system, and
2707federal-aid primary highway system; to place the financial
2708responsibility for the cost of such removal directly upon those
2709benefiting from the location and operation of such unpermitted
2710and illegal signs; and to provide clear authority to the
2711department for the recovery of cost incurred by the department
2712in the removal of such unpermitted and illegal signs.
2713     479.311  Jurisdiction; venue.-The county court shall have
2714jurisdiction concurrent with the circuit court to consider
2715claims filed by the department in amounts which are within their
2716jurisdictional limitations. For the purposes of a claim filed by
2717the department to recover its cost as provided in this section,
2718venue shall be Leon County.
2719     479.312  Unpermitted signs; cost of removal.-All costs
2720incurred by the department in connection with the removal of a
2721sign located within a controlled area adjacent to the State
2722Highway System, interstate highway system, or federal-aid
2723primary highway system which has not been issued a permit under
2724part I shall be assessed against and collected from the owner of
2725the sign, the advertiser displayed on the sign, or the owner of
2726the property upon which the sign is located. For the purposes of
2727this section, a sign that does not display the name of the sign
2728owner shall be presumed to be owned by the owner of the property
2729upon which the sign is located.
2730     479.313  Permit revocation; cost of removal.-All costs
2731incurred by the department in connection with the removal of a
2732sign located within a controlled area adjacent to the State
2733Highway System, interstate highway system, or federal-aid
2734primary highway system following the revocation of the permit
2735for such sign shall be assessed against and collected from the
2736permittee.
2737     479.315  Highway rights-of way; cost of sign removal.-All
2738cost incurred by the department in connection with the removal
2739of a sign located within the right-of-way of the State Highway
2740System, interstate highway system, or federal-aid primary
2741highway system shall be assessed against and collected from the
2742owner of the sign or the advertiser displayed on the sign.
2743     Section 45.  Section 705.18, Florida Statutes, is amended
2744to read:
2745     705.18  Disposal of personal property lost or abandoned on
2746university or community college campuses or certain public-use
2747airports; disposition of proceeds from sale thereof.-
2748     (1)  Whenever any lost or abandoned personal property shall
2749be found on a campus of an institution in the State University
2750System or a campus of a state-supported community college, or on
2751premises owned or controlled by the operator of a public-use
2752airport having regularly scheduled international passenger
2753service, the president of the institution or the president's
2754designee or the director of the airport or the director's
2755designee shall take charge of the property thereof and make a
2756record of the date such property was found. If, within 30 days
2757after such property is found, or a longer period of time as may
2758be deemed appropriate by the president or the director under the
2759circumstances, the property it is not claimed by the owner, the
2760president or director shall order it sold at public outcry after
2761giving notice of the time and place of sale in a publication of
2762general circulation on the campus of such institution or within
2763the county where the airport is located and written notice to
2764the owner if known. The rightful owner of such property may
2765reclaim the same at any time prior to sale.
2766     (2)  All moneys realized from such institution's sale shall
2767be placed in an appropriate fund and used solely for student
2768scholarship and loan purposes. All moneys realized from such
2769sale by an airport, less its costs of storage, transportation,
2770and publication of notice, shall, unless another use is required
2771by federal law, be deposited into the state school fund.
2772     Section 46.  Section 705.182, Florida Statutes, is created
2773to read:
2774     705.182  Disposal of personal property found on the
2775premises of public-use airports.-
2776     (1)  Whenever any personal property, other than an aircraft
2777or motor vehicle, is found on premises owned or controlled by
2778the operator of a public-use airport, the director of the
2779airport or the director's designee shall take charge of the
2780property and make a record of the date such property was found.
2781     (2)  If, within 30 calendar days after such property is
2782found or for a longer period of time as may be deemed
2783appropriate by the director or the director's designee under the
2784circumstances, the property is not claimed by the owner, the
2785director or the director's designee may:
2786     (a)  Retain any or all of the property for use by the
2787airport or for use by the state or the unit of local government
2788owning or operating the airport;
2789     (b)  Trade such property to another unit of local
2790government or a state agency;
2791     (c)  Donate the property to a charitable organization;
2792     (d)  Sell the property; or
2793     (e)  Dispose of the property through an appropriate refuse
2794removal company or a company that provides salvage services for
2795the type of personal property found or located on the airport
2796premises.
2797     (3)  The airport shall notify the owner, if known, of the
2798property found on the airport premises and that the airport
2799intends to dispose of the property as provided in subsection
2800(2).
2801     (4)  If the airport elects to sell the property under
2802paragraph (2)(d), the property must be sold at a public auction
2803either on the Internet or at a specified physical location after
2804giving notice of the time and place of sale, at least 10
2805calendar days prior to the date of sale, in a publication of
2806general circulation within the county where the airport is
2807located and after written notice, via certified mail, return
2808receipt requested, is provided to the owner, if known. Any such
2809notice shall be sufficient if the notice refers to the airport's
2810intention to sell all then-accumulated found property, and there
2811is no requirement that the notice identify each item to be sold.
2812The rightful owner of such property may reclaim the property at
2813any time prior to sale by presenting acceptable evidence of
2814ownership to the airport director or the director's designee.
2815All proceeds from the sale of the property shall be retained by
2816the airport for use by the airport in any lawfully authorized
2817manner.
2818     (5)  Nothing in this section shall preclude the airport
2819from allowing a domestic or international air carrier or other
2820tenant, on premises owned or controlled by the operator of a
2821public-use airport, to establish its own lost and found
2822procedures for personal property and to dispose of such personal
2823property.
2824     (6)  A purchaser or recipient in good faith of personal
2825property sold or obtained under this section shall take the
2826property free of the rights of persons then holding any legal or
2827equitable interest thereto, whether or not recorded.
2828     Section 47.  Section 705.183, Florida Statutes, is created
2829to read:
2830     705.183  Disposal of derelict or abandoned aircraft on the
2831premises of public-use airports.-
2832     (1)(a)  Whenever any derelict or abandoned aircraft is
2833found or located on premises owned or controlled by the operator
2834of a public-use airport, whether or not such premises are under
2835a lease or license to a third party, the director of the airport
2836or the director's designee shall make a record of the date the
2837aircraft was found or determined to be present on the airport
2838premises.
2839     (b)  For purposes of this section, the term:
2840     1.  "Abandoned aircraft" means an aircraft that has been
2841disposed of on a public-use airport in a wrecked, inoperative,
2842or partially dismantled condition or an aircraft that has
2843remained in an idle state on premises owned or controlled by the
2844operator of a public-use airport for 45 consecutive calendar
2845days.
2846     2.  "Derelict aircraft" means any aircraft that is not in a
2847flyable condition, does not have a current certificate of air
2848worthiness issued by the Federal Aviation Administration, and is
2849not in the process of actively being repaired.
2850     (2)  The director or the director's designee shall contact
2851the Federal Aviation Administration, Aircraft Registration
2852Branch, to determine the name and address of the last registered
2853owner of the aircraft and shall make a diligent personal search
2854of the appropriate records, or contact an aircraft title search
2855company, to determine the name and address of any person having
2856an equitable or legal interest in the aircraft. Within 10
2857business days after receipt of the information, the director or
2858the director's designee shall notify the owner and all persons
2859having an equitable or legal interest in the aircraft by
2860certified mail, return receipt requested, of the location of the
2861derelict or abandoned aircraft on the airport premises, that
2862fees and charges for the use of the airport by the aircraft have
2863accrued and the amount thereof, that the aircraft is subject to
2864a lien under subsection (5) for the accrued fees and charges for
2865the use of the airport and for the transportation, storage, and
2866removal of the aircraft, that the lien is subject to enforcement
2867pursuant to law, and that the airport may cause the use, trade,
2868sale, or removal of the aircraft as described in s.
2869705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2870after the date of receipt of such notice, the aircraft has not
2871been removed from the airport upon payment in full of all
2872accrued fees and charges for the use of the airport and for the
2873transportation, storage, and removal of the aircraft. Such
2874notice may require removal of the aircraft in less than 30
2875calendar days if the aircraft poses a danger to the health or
2876safety of users of the airport, as determined by the director or
2877the director's designee.
2878     (3)  If the owner of the aircraft is unknown or cannot be
2879found, the director or the director's designee shall cause a
2880laminated notice to be placed upon such aircraft in
2881substantially the following form:
2882
2883NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2884PROPERTY. This property, to wit: ...(setting forth brief
2885description)... is unlawfully upon public property known as
2886...(setting forth brief description of location)... and has
2887accrued fees and charges for the use of the ...(same description
2888of location as above)... and for the transportation, storage,
2889and removal of the property. These accrued fees and charges must
2890be paid in full and the property must be removed within 30
2891calendar days after the date of this notice; otherwise, the
2892property will be removed and disposed of pursuant to chapter
2893705, Florida Statutes. The property is subject to a lien for all
2894accrued fees and charges for the use of the public property
2895known as ...(same description of location as above)... by such
2896property and for all fees and charges incurred by the public
2897property known as ...(same description of location as above)...
2898for the transportation, storage, and removal of the property.
2899This lien is subject to enforcement pursuant to law. The owner
2900will be liable for such fees and charges, as well as the cost
2901for publication of this notice. Dated this: ...(setting forth
2902the date of posting of notice)..., signed: ...(setting forth
2903name, title, address, and telephone number of law enforcement
2904officer)....
2905
2906Such notice shall be not less than 8 inches by 10 inches and
2907shall be sufficiently weatherproof to withstand normal exposure
2908to the weather. If, at the end of 30 calendar days after posting
2909the notice, the owner or any person interested in the described
2910derelict or abandoned aircraft has not removed the aircraft from
2911the airport upon payment in full of all accrued fees and charges
2912for the use of the airport and for the transportation, storage,
2913and removal of the aircraft, or shown reasonable cause for
2914failure to do so, the director or the director's designee may
2915cause the use, trade, sale, or removal of the aircraft as
2916described in s. 705.182(2)(a), (b), (d), or (e).
2917     (4)  Such aircraft shall be removed within the time period
2918specified in the notice provided under subsection (2) or
2919subsection (3). If, at the end of such period of time, the owner
2920or any person interested in the described derelict or abandoned
2921aircraft has not removed the aircraft from the airport upon
2922payment in full of all accrued fees and charges for the use of
2923the airport and for the transportation, storage, and removal of
2924the aircraft, or shown reasonable cause for the failure to do
2925so, the director or the director's designee may cause the use,
2926trade, sale, or removal of the aircraft as described in s.
2927705.182(2)(a), (b), (d), or (e).
2928     (a)  If the airport elects to sell the aircraft in
2929accordance with s. 705.182(2)(d), the aircraft must be sold at
2930public auction after giving notice of the time and place of
2931sale, at least 10 calendar days prior to the date of sale, in a
2932publication of general circulation within the county where the
2933airport is located and after providing written notice of the
2934intended sale to all parties known to have an interest in the
2935aircraft.
2936     (b)  If the airport elects to dispose of the aircraft in
2937accordance with s. 705.182(2)(e), the airport shall be entitled
2938to negotiate with the company for a price to be received from
2939such company in payment for the aircraft, or, if circumstances
2940so warrant, a price to be paid to such company by the airport
2941for the costs of disposing of the aircraft. All information
2942pertaining to the establishment of such price and the
2943justification for the amount of such price shall be prepared and
2944maintained by the airport, and such negotiated price shall be
2945deemed to be a commercially reasonable price.
2946     (c)  If the sale price or the negotiated price is less than
2947the airport's then current charges and costs against the
2948aircraft, or if the airport is required to pay the salvage
2949company for its services, the owner of the aircraft shall remain
2950liable to the airport for the airport's costs that are not
2951offset by the sale price or negotiated price, in addition to the
2952owner's liability for payment to the airport of the price the
2953airport was required to pay any salvage company. All costs
2954incurred by the airport in the removal, storage, and sale of any
2955aircraft shall be recoverable against the owner of the aircraft.
2956     (5)  The airport shall have a lien on a derelict or
2957abandoned aircraft for all fees and charges for the use of the
2958airport by such aircraft and for all fees and charges incurred
2959by the airport for the transportation, storage, and removal of
2960the aircraft. As a prerequisite to perfecting a lien under this
2961section, the airport director or the director's designee must
2962serve a notice in accordance with subsection (2) on the last
2963registered owner and all persons having an equitable or legal
2964interest in the aircraft. Serving the notice does not dispense
2965with recording the claim of lien.
2966     (6)(a)  For the purpose of perfecting its lien under this
2967section, the airport shall record a claim of lien which shall
2968state:
2969     1.  The name and address of the airport.
2970     2.  The name of the last registered owner of the aircraft
2971and all persons having a legal or equitable interest in the
2972aircraft.
2973     3.  The fees and charges incurred by the aircraft for the
2974use of the airport and the fees and charges for the
2975transportation, storage, and removal of the aircraft.
2976     4.  A description of the aircraft sufficient for
2977identification.
2978     (b)  The claim of lien shall be signed and sworn to or
2979affirmed by the airport director or the director's designee.
2980     (c)  The claim of lien shall be sufficient if it is in
2981substantially the following form:
2982
2983
CLAIM OF LIEN
2984State of ______
2985County of ______
2986Before me, the undersigned notary public, personally appeared
2987______, who was duly sworn and says that he/she is the
2988________of ________, whose address is________; and that the
2989following described aircraft:
2990...(Description of aircraft)...
2991owned by __________, whose address is ____________, has accrued
2992$___________in fees and charges for the use by the aircraft of
2993______________ and for the transportation, storage, and removal
2994of the aircraft from _______________; that the lienor served its
2995notice to the last registered owner and all persons having a
2996legal or equitable interest in the aircraft on ____,
2997...(year)..., by________.
2998...(Signature)...
2999Sworn to (or affirmed) and subscribed before me this _____day
3000of___, ...(year)..., by ...(name of person making statement)....
3001...(Signature of Notary Public)... ...(Print, Type, or Stamp
3002Commissioned name of Notary Public)...
3003Personally Known___OR Produced_____as identification.
3004
3005However, the negligent inclusion or omission of any information
3006in this claim of lien which does not prejudice the last
3007registered owner does not constitute a default that operates to
3008defeat an otherwise valid lien.
3009     (d)  The claim of lien shall be served on the last
3010registered owner of the aircraft and all persons having an
3011equitable or legal interest in the aircraft. The claim of lien
3012shall be so served before recordation.
3013     (e)  The claim of lien shall be recorded with the clerk of
3014court in the county where the airport is located. The recording
3015of the claim of lien shall be constructive notice to all persons
3016of the contents and effect of such claim. The lien shall attach
3017at the time of recordation and shall take priority as of that
3018time.
3019     (7)  A purchaser or recipient in good faith of an aircraft
3020sold or obtained under this section takes the property free of
3021the rights of persons then holding any legal or equitable
3022interest to the aircraft, whether or not recorded. The purchaser
3023or recipient is required to notify the appropriate Federal
3024Aviation Administration office of such change in the registered
3025owner of the aircraft.
3026     (8)  If the aircraft is sold at public sale, the airport
3027shall deduct from the proceeds of sale the costs of
3028transportation, storage, publication of notice, and all other
3029costs reasonably incurred by the airport, and any balance of the
3030proceeds shall be deposited into an interest-bearing account not
3031later than 30 calendar days after the airport's receipt of the
3032proceeds and held there for 1 year. The rightful owner of the
3033aircraft may claim the balance of the proceeds within 1 year
3034after the date of the deposit by making application to the
3035airport and presenting acceptable written evidence of ownership
3036to the airport's director or the director's designee. If no
3037rightful owner claims the proceeds within the 1-year period, the
3038balance of the proceeds shall be retained by the airport to be
3039used in any manner authorized by law.
3040     (9)  Any person acquiring a legal interest in an aircraft
3041that is sold by an airport under this section or s. 705.182
3042shall be the lawful owner of such aircraft and all other legal
3043or equitable interests in such aircraft shall be divested and of
3044no further force and effect, provided that the holder of any
3045such legal or equitable interests was notified of the intended
3046disposal of the aircraft to the extent required in this section.
3047The airport may issue documents of disposition to the purchaser
3048or recipient of an aircraft disposed of under this section.
3049     Section 48.  Section 705.184, Florida Statutes, is created
3050to read:
3051     705.184  Derelict or abandoned motor vehicles on the
3052premises of public-use airports.-
3053     (1)(a)  Whenever any derelict or abandoned motor vehicle is
3054found on premises owned or controlled by the operator of a
3055public-use airport, including airport premises leased to a third
3056party, the director of the airport or the director's designee
3057may take charge of the motor vehicle and make a record of the
3058date such motor vehicle was found.
3059     (b)  For purposes of this section, the term:
3060     1.  "Abandoned motor vehicle" means a motor vehicle that
3061has been disposed of on a public-use airport in a wrecked,
3062inoperative, or partially dismantled condition or a motor
3063vehicle that has remained in an idle state on the premises of a
3064public-use airport for 45 consecutive calendar days.
3065     2.  "Derelict motor vehicle" means any motor vehicle that
3066is not in a drivable condition.
3067     (c)  After the information relating to the abandoned or
3068derelict motor vehicle is recorded in the airport's records, the
3069director or the director's designee may cause the motor vehicle
3070to be removed from airport premises by the airport's wrecker or
3071by a licensed independent wrecker company to be stored at a
3072suitable location on or off the airport premises. If the motor
3073vehicle is to be removed from airport premises by the airport's
3074wrecker, the airport must follow the procedures in subsections
3075(2)-(8). The procedures in subsections (2)-(8) do not apply if
3076the motor vehicle is removed from the airport premises by a
3077licensed independent wrecker company, and the licensed wrecking
3078company shall comply with s. 713.78.
3079     (2)  The airport director or the director's designee shall
3080contact the Department of Highway Safety and Motor Vehicles to
3081notify that department that the airport has possession of the
3082abandoned or derelict motor vehicle and to determine the name
3083and address of the owner of the motor vehicle, the insurance
3084company insuring the motor vehicle, notwithstanding the
3085provisions of s. 627.736, and any person who has filed a lien on
3086the motor vehicle. Within 7 business days after receipt of the
3087information, the director or the director's designee shall send
3088notice by certified mail, return receipt requested, to the owner
3089of the motor vehicle, the insurance company insuring the motor
3090vehicle, notwithstanding the provisions of s. 627.736, and all
3091persons of record claiming a lien against the motor vehicle. The
3092notice shall state the fact of possession of the motor vehicle,
3093that charges for reasonable towing, storage, and parking fees,
3094if any, have accrued and the amount thereof, that a lien as
3095provided in subsection (6) will be claimed, that the lien is
3096subject to enforcement pursuant to law, that the owner or
3097lienholder, if any, has the right to a hearing as set forth in
3098subsection (4), and that any motor vehicle which, at the end of
309930 calendar days after receipt of the notice, has not been
3100removed from the airport upon payment in full of all accrued
3101charges for reasonable towing, storage, and parking fees, if
3102any, may be disposed of as provided in s. 705.182(2)(a), (b),
3103(d), or (e), including, but not limited to, the motor vehicle
3104being sold free of all prior liens after 35 calendar days after
3105the time the motor vehicle is stored if any prior liens on the
3106motor vehicle are more than 5 years of age or after 50 calendar
3107days after the time the motor vehicle is stored if any prior
3108liens on the motor vehicle are 5 years of age or less.
3109     (3)  If attempts to notify the owner or lienholder pursuant
3110to subsection (2) are not successful, the requirement of notice
3111by mail shall be considered met and the director or the
3112director's designee, in accordance with subsection (5), may
3113cause the motor vehicle to be disposed of as provided in s.
3114705.182(2)(a), (b), (d), or (e), including, but not limited to,
3115the motor vehicle being sold free of all prior liens after 35
3116calendar days after the time the motor vehicle is stored if any
3117prior liens on the motor vehicle are more than 5 years of age or
3118after 50 calendar days after the time the motor vehicle is
3119stored if any prior liens on the motor vehicle are 5 years of
3120age or less.
3121     (4)(a)  The owner of, or any person with a lien on, a motor
3122vehicle removed pursuant to subsection (1), may, within 10
3123calendar days after the time he or she has knowledge of the
3124location of the motor vehicle, file a complaint in the county
3125court of the county in which the motor vehicle is stored to
3126determine if his or her property was wrongfully taken or
3127withheld.
3128     (b)  Upon filing a complaint, an owner or lienholder may
3129have his or her motor vehicle released upon posting with the
3130court a cash or surety bond or other adequate security equal to
3131the amount of the fees for towing, storage, and accrued parking,
3132if any, to ensure the payment of such fees in the event he or
3133she does not prevail. Upon the posting of the bond or other
3134adequate security and the payment of any applicable fee, the
3135clerk of the court shall issue a certificate notifying the
3136airport of the posting of the bond or other adequate security
3137and directing the airport to release the motor vehicle. At the
3138time of such release, after reasonable inspection, the owner or
3139lienholder shall give a receipt to the airport reciting any
3140claims he or she has for loss or damage to the motor vehicle or
3141the contents of the motor vehicle.
3142     (5)  If, after 30 calendar days after receipt of the
3143notice, the owner or any person claiming a lien has not removed
3144the motor vehicle from its storage location upon payment in full
3145of all accrued charges for reasonable towing, storage, and
3146parking fees, if any, or shown reasonable cause for the failure
3147to do so, the airport director or the director's designee may
3148dispose of the motor vehicle as provided in s. 705.182(2)(a),
3149(b), (d), or (e). If the airport elects to sell the motor
3150vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
3151sold free of all prior liens after 35 calendar days after the
3152time the motor vehicle is stored if any prior liens on the motor
3153vehicle are more than 5 years of age or after 50 calendar days
3154after the time the motor vehicle is stored if any prior liens on
3155the motor vehicle are 5 years of age or less. The sale shall be
3156a public auction either on the Internet or at a specified
3157physical location. If the date of the sale was not included in
3158the notice required in subsection (2), notice of the sale, sent
3159by certified mail, return receipt requested, shall be given to
3160the owner of the motor vehicle and to all persons claiming a
3161lien on the motor vehicle. Such notice shall be mailed not less
3162than 10 calendar days before the date of the sale. In addition
3163to the notice by mail, public notice of the time and place of
3164the sale at auction shall be made by publishing a notice of the
3165sale at auction one time, at least 10 calendar days prior to the
3166date of sale, in a newspaper of general circulation in the
3167county in which the sale is to be held. All costs incurred by
3168the airport for the towing, storage, and sale of the motor
3169vehicle, as well as all accrued parking fees, if any, shall be
3170recovered by the airport from the proceeds of the sale, and any
3171proceeds of the sale in excess of such costs shall be retained
3172by the airport for use by the airport in any manner authorized
3173by law.
3174     (6)  The airport pursuant to this section or, if used, a
3175licensed independent wrecker company pursuant to s. 713.78 shall
3176have a lien on an abandoned or derelict motor vehicle for all
3177reasonable towing, storage, and accrued parking fees, if any,
3178except that no storage fee shall be charged if the motor vehicle
3179is stored less than 6 hours. As a prerequisite to perfecting a
3180lien under this section, the airport director or the director's
3181designee must serve a notice in accordance with subsection (2)
3182on the owner of the motor vehicle, the insurance company
3183insuring the motor vehicle, notwithstanding the provisions of s.
3184627.736, and all persons of record claiming a lien against the
3185motor vehicle. If attempts to notify the owner, the insurance
3186company insuring the motor vehicle, notwithstanding the
3187provisions of s. 627.736, or lienholders are not successful, the
3188requirement of notice by mail shall be considered met. Serving
3189of the notice does not dispense with recording the claim of
3190lien.
3191     (7)(a)  For the purpose of perfecting its lien under this
3192section, the airport shall record a claim of lien which shall
3193state:
3194     1.  The name and address of the airport.
3195     2.  The name of the owner of the motor vehicle, the
3196insurance company insuring the motor vehicle, notwithstanding
3197the provisions of s. 627.736, and all persons of record claiming
3198a lien against the motor vehicle.
3199     3.  The costs incurred from reasonable towing, storage, and
3200parking fees, if any.
3201     4.  A description of the motor vehicle sufficient for
3202identification.
3203     (b)  The claim of lien shall be signed and sworn to or
3204affirmed by the airport director or the director's designee.
3205     (c)  The claim of lien shall be sufficient if it is in
3206substantially the following form:
3207
3208
CLAIM OF LIEN
3209State of ______
3210County of ______
3211Before me, the undersigned notary public, personally appeared
3212______, who was duly sworn and says that he/she is the
3213________of _____________, whose address is________; and that the
3214following described motor vehicle:
3215...(Description of motor vehicle)...
3216owned by __________, whose address is ____________, has accrued
3217$___________in fees for a reasonable tow, for storage, and for
3218parking, if applicable; that the lienor served its notice to the
3219owner, the insurance company insuring the motor vehicle
3220notwithstanding the provisions of s. 627.736, Florida Statutes,
3221and all persons of record claiming a lien against the motor
3222vehicle on ____, ...(year)..., by________.
3223...(Signature)...
3224Sworn to (or affirmed) and subscribed before me this _____day
3225of___, ...(year)..., by ...(name of person making statement)....
3226...(Signature of Notary Public)... ...(Print, Type, or Stamp
3227Commissioned name of Notary Public)...
3228Personally Known___OR Produced_____as identification.
3229
3230However, the negligent inclusion or omission of any information
3231in this claim of lien which does not prejudice the owner does
3232not constitute a default that operates to defeat an otherwise
3233valid lien.
3234     (d)  The claim of lien shall be served on the owner of the
3235motor vehicle, the insurance company insuring the motor vehicle,
3236notwithstanding the provisions of s. 627.736, and all persons of
3237record claiming a lien against the motor vehicle. If attempts to
3238notify the owner, the insurance company insuring the motor
3239vehicle notwithstanding the provisions of s. 627.736, or
3240lienholders are not successful, the requirement of notice by
3241mail shall be considered met. The claim of lien shall be so
3242served before recordation.
3243     (e)  The claim of lien shall be recorded with the clerk of
3244court in the county where the airport is located. The recording
3245of the claim of lien shall be constructive notice to all persons
3246of the contents and effect of such claim. The lien shall attach
3247at the time of recordation and shall take priority as of that
3248time.
3249     (8)  A purchaser or recipient in good faith of a motor
3250vehicle sold or obtained under this section takes the property
3251free of the rights of persons then holding any legal or
3252equitable interest thereto, whether or not recorded.
3253     Section 49.  Section 479.156, Florida Statutes, is amended
3254to read:
3255     479.156  Wall murals.-Notwithstanding any other provision
3256of this chapter, a municipality or county may permit and
3257regulate wall murals within areas designated by such government.
3258If a municipality or county permits wall murals, a wall mural
3259that displays a commercial message and is within 660 feet of the
3260nearest edge of the right-of-way within an area adjacent to the
3261interstate highway system or the federal-aid primary highway
3262system shall be located in an area that is zoned for industrial
3263or commercial use and the municipality or county shall establish
3264and enforce regulations for such areas that, at a minimum, set
3265forth criteria governing the size, lighting, and spacing of wall
3266murals consistent with the intent of the Highway Beautification
3267Act of 1965 and with customary use. Whenever a municipality or
3268county exercises such control and makes a determination of
3269customary use pursuant to 23 U.S.C. s. 131(d), such
3270determination shall be accepted in lieu of controls in the
3271agreement between the state and the United States Department of
3272Transportation, and the department shall notify the Federal
3273Highway Administration pursuant to the agreement, 23 U.S.C. s.
3274131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
3275subject to municipal or county regulation and the Highway
3276Beautification Act of 1965 must be approved by the Department of
3277Transportation and the Federal Highway Administration when
3278required by federal law and federal regulation under the
3279agreement between the state and the United States Department of
3280Transportation and federal regulations enforced by the
3281Department of Transportation under s. 479.02(1). The existence
3282of a wall mural as defined in s. 479.01(30)(27) shall not be
3283considered in determining whether a sign as defined in s.
3284479.01(20)(17), either existing or new, is in compliance with s.
3285479.07(9)(a).
3286     Section 50.  This act shall take effect July 1, 2010.


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