November 13, 2019
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       Florida Senate - 2010                                    SB 2362
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01561A-10                                           20102362__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 334.03,
    3         F.S.; revising definitions relating to the assignment
    4         of road jurisdiction; eliminating the definitions for
    5         “arterial road,” “collector road,” “local road,”
    6         “urban minor arterial road,” and “urban principal
    7         arterial road”; revising the definitions for “city
    8         street system,” “county road system,” “functional
    9         classification,” and “state highway system”; amending
   10         s. 334.044, F.S.; revising the Department of
   11         Transportation’s general powers and duties relating to
   12         assignment of road jurisdiction; amending s. 334.047,
   13         F.S.; eliminating an obsolete provision prohibiting
   14         the department from establishing a maximum number of
   15         miles of urban principal arterial roads within a
   16         district or county; amending s. 337.14, F.S.;
   17         clarifying provisions relating to the submission of
   18         interim financial statements along with applications
   19         for contractor qualification; amending ss. 163.3180,
   20         288.063, 311.09, 316.2122, 316.515, 332.14, 336.01,
   21         338.222, 341.8225, 479.01, 479.07, and 479.261, F.S.;
   22         conforming cross-references; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 334.03, Florida Statutes, is amended to
   28  read:
   29         334.03 Definitions.—When used in the Florida Transportation
   30  Code, the term:
   31         (1)“Arterial road” means a route providing service which
   32  is relatively continuous and of relatively high traffic volume,
   33  long average trip length, high operating speed, and high
   34  mobility importance. In addition, every United States numbered
   35  highway is an arterial road.
   36         (1)(2) “Bridge” means a structure, including supports,
   37  erected over a depression or an obstruction, such as water or a
   38  highway or railway, and having a track or passageway for
   39  carrying traffic as defined in chapter 316 or other moving
   40  loads.
   41         (2)(3) “City street system” means all local roads within a
   42  municipality, that were under the jurisdiction of that
   43  municipality on June 10, 1995; and roads constructed by a
   44  municipality for its street system; and roads transferred to the
   45  municipality’s jurisdiction after that date by mutual consent
   46  with another governmental entity, but not including roads so
   47  transferred from the municipality’s jurisdiction and all
   48  collector roads inside that municipality, which are not in the
   49  county road system.
   50         (4)“Collector road” means a route providing service which
   51  is of relatively moderate average traffic volume, moderately
   52  average trip length, and moderately average operating speed.
   53  Such a route also collects and distributes traffic between local
   54  roads or arterial roads and serves as a linkage between land
   55  access and mobility needs.
   56         (3)(5) “Commissioners” means the governing body of a
   57  county.
   58         (4)(6) “Consolidated metropolitan statistical area” means
   59  two or more metropolitan statistical areas that are socially and
   60  economically interrelated as defined by the United States Bureau
   61  of the Census.
   62         (5)(7) “Controlled access facility” means a street or
   63  highway to which the right of access is highly regulated by the
   64  governmental entity having jurisdiction over the facility in
   65  order to maximize the operational efficiency and safety of the
   66  high-volume through traffic utilizing the facility. Owners or
   67  occupants of abutting lands and other persons have a right of
   68  access to or from such facility at such points only and in such
   69  manner as may be determined by the governmental entity.
   70         (6)(8) “County road system” means all roads within a county
   71  which were under the jurisdiction of that county on June 10,
   72  1995; and roads constructed by a county for that county’s road
   73  system; and roads transferred to the jurisdiction of the county
   74  after that date by mutual consent with another governmental
   75  entity, but not including roads so transferred from the
   76  jurisdiction of the county collector roads in the unincorporated
   77  areas of a county and all extensions of such collector roads
   78  into and through any incorporated areas, all local roads in the
   79  unincorporated areas, and all urban minor arterial roads not in
   80  the State Highway System.
   81         (7)(9) “Department” means the Department of Transportation.
   82         (8)(10) “Florida Intrastate Highway System” means a system
   83  of limited access and controlled access facilities on the State
   84  Highway System which have the capacity to provide high-speed and
   85  high-volume traffic movements in an efficient and safe manner.
   86         (9)(11) “Functional classification” means the assignment of
   87  roads into systems according to the character of service they
   88  provide in relation to the total road network , using procedures
   89  developed by the Federal Highway Administration. Basic
   90  functional categories include arterial roads, collector roads,
   91  and local roads which may be subdivided into principal, major,
   92  or minor levels. Those levels may be additionally divided into
   93  rural and urban categories.
   94         (10)(12) “Governmental entity” means a unit of government,
   95  or any officially designated public agency or authority of a
   96  unit of government, that has the responsibility for planning,
   97  construction, operation, or maintenance or jurisdiction over
   98  transportation facilities; the term includes the Federal
   99  Government, the state government, a county, an incorporated
  100  municipality, a metropolitan planning organization, an
  101  expressway or transportation authority, a road and bridge
  102  district, a special road and bridge district, and a regional
  103  governmental unit.
  104         (11)(13) “Limited access facility” means a street or
  105  highway especially designed for through traffic, and over, from,
  106  or to which owners or occupants of abutting land or other
  107  persons have no right or easement of access, light, air, or view
  108  by reason of the fact that their property abuts upon such
  109  limited access facility or for any other reason. Such highways
  110  or streets may be facilities from which trucks, buses, and other
  111  commercial vehicles are excluded; or they may be facilities open
  112  to use by all customary forms of street and highway traffic.
  113         (12)(14) “Local governmental entity” means a unit of
  114  government with less than statewide jurisdiction, or any
  115  officially designated public agency or authority of such a unit
  116  of government, that has the responsibility for planning,
  117  construction, operation, or maintenance of, or jurisdiction
  118  over, a transportation facility; the term includes, but is not
  119  limited to, a county, an incorporated municipality, a
  120  metropolitan planning organization, an expressway or
  121  transportation authority, a road and bridge district, a special
  122  road and bridge district, and a regional governmental unit.
  123         (15)“Local road” means a route providing service which is
  124  of relatively low average traffic volume, short average trip
  125  length or minimal through-traffic movements, and high land
  126  access for abutting property.
  127         (13)(16) “Metropolitan area” means a geographic region
  128  comprising as a minimum the existing urbanized area and the
  129  contiguous area projected to become urbanized within a 20-year
  130  forecast period. The boundaries of a metropolitan area may be
  131  designated so as to encompass a metropolitan statistical area or
  132  a consolidated metropolitan statistical area. If a metropolitan
  133  area, or any part thereof, is located within a nonattainment
  134  area, the boundaries of the metropolitan area must be designated
  135  so as to include the boundaries of the entire nonattainment
  136  area, unless otherwise provided by agreement between the
  137  applicable metropolitan planning organization and the Governor.
  138         (14)(17) “Metropolitan statistical area” means an area that
  139  includes a municipality of 50,000 persons or more, or an
  140  urbanized area of at least 50,000 persons as defined by the
  141  United States Bureau of the Census, provided that the component
  142  county or counties have a total population of at least 100,000.
  143         (15)(18) “Nonattainment area” means an area designated by
  144  the United States Environmental Protection Agency, pursuant to
  145  federal law, as exceeding national primary or secondary ambient
  146  air quality standards for the pollutants carbon monoxide or
  147  ozone.
  148         (16)(19) “Periodic maintenance” means activities that are
  149  large in scope and require a major work effort to restore
  150  deteriorated components of the transportation system to a safe
  151  and serviceable condition, including, but not limited to, the
  152  repair of large bridge structures, major repairs to bridges and
  153  bridge systems, and the mineral sealing of lengthy sections of
  154  roadway.
  155         (17)(20) “Person” means any person described in s. 1.01 or
  156  any unit of government in or outside the state.
  157         (18)(21) “Right of access” means the right of ingress to a
  158  highway from abutting land and egress from a highway to abutting
  159  land.
  160         (19)(22) “Right-of-way” means land in which the state, the
  161  department, a county, or a municipality owns the fee or has an
  162  easement devoted to or required for use as a transportation
  163  facility.
  164         (20)(23) “Road” means a way open to travel by the public,
  165  including, but not limited to, a street, highway, or alley. The
  166  term includes associated sidewalks, the roadbed, the right-of
  167  way, and all culverts, drains, sluices, ditches, water storage
  168  areas, waterways, embankments, slopes, retaining walls, bridges,
  169  tunnels, and viaducts necessary for the maintenance of travel
  170  and all ferries used in connection therewith.
  171         (21)(24) “Routine maintenance” means minor repairs and
  172  associated tasks necessary to maintain a safe and efficient
  173  transportation system. The term includes: pavement patching;
  174  shoulder repair; cleaning and repair of drainage ditches,
  175  traffic signs, and structures; mowing; bridge inspection and
  176  maintenance; pavement striping; litter cleanup; and other
  177  similar activities.
  178         (22)(25) “State Highway System” means the following, which
  179  shall be facilities to which access is regulated:
  180         (a)The Interstate system and all other roads within the
  181  state which were under the jurisdiction of the state on June 10,
  182  1995, and roads constructed by an agency of the state for the
  183  State Highway System, plus roads transferred to the state’s
  184  jurisdiction after that date by mutual consent with another
  185  governmental entity, but not including roads so transferred from
  186  the state’s jurisdiction. These facilities shall be facilities
  187  to which access is regulated.;
  188         (b)All rural arterial routes and their extensions into and
  189  through urban areas;
  190         (c)All urban principal arterial routes; and
  191         (d)The urban minor arterial mileage on the existing State
  192  Highway System as of July 1, 1987, plus additional mileage to
  193  comply with the 2-percent requirement as described below.
  194  
  195  However, not less than 2 percent of the public road mileage of
  196  each urbanized area on record as of June 30, 1986, shall be
  197  included as minor arterials in the State Highway System.
  198  Urbanized areas not meeting the foregoing minimum requirement
  199  shall have transferred to the State Highway System additional
  200  minor arterials of the highest significance in which case the
  201  total minor arterials in the State Highway System from any
  202  urbanized area shall not exceed 2.5 percent of that area’s total
  203  public urban road mileage.
  204         (23)(26) “State Park Road System” means roads embraced
  205  within the boundaries of state parks and state roads leading to
  206  state parks, other than roads of the State Highway System, the
  207  county road systems, or the city street systems.
  208         (24)(27) “State road” means a street, road, highway, or
  209  other way open to travel by the public generally and dedicated
  210  to the public use according to law or by prescription and
  211  designated by the department, as provided by law, as part of the
  212  State Highway System.
  213         (25)(28) “Structure” means a bridge, viaduct, tunnel,
  214  causeway, approach, ferry slip, culvert, toll plaza, gate, or
  215  other similar facility used in connection with a transportation
  216  facility.
  217         (26)(29) “Sufficiency rating” means the objective rating of
  218  a road or section of a road for the purpose of determining its
  219  capability to serve properly the actual or anticipated volume of
  220  traffic using the road.
  221         (27)(30) “Transportation corridor” means any land area
  222  designated by the state, a county, or a municipality which is
  223  between two geographic points and which area is used or suitable
  224  for the movement of people and goods by one or more modes of
  225  transportation, including areas necessary for management of
  226  access and securing applicable approvals and permits.
  227  Transportation corridors shall contain, but are not limited to,
  228  the following:
  229         (a) Existing publicly owned rights-of-way;
  230         (b) All property or property interests necessary for future
  231  transportation facilities, including rights of access, air,
  232  view, and light, whether public or private, for the purpose of
  233  securing and utilizing future transportation rights-of-way,
  234  including, but not limited to, any lands reasonably necessary
  235  now or in the future for securing applicable approvals and
  236  permits, borrow pits, drainage ditches, water retention areas,
  237  rest areas, replacement access for landowners whose access could
  238  be impaired due to the construction of a future facility, and
  239  replacement rights-of-way for relocation of rail and utility
  240  facilities.
  241         (28)(31) “Transportation facility” means any means for the
  242  transportation of people or property from place to place which
  243  is constructed, operated, or maintained in whole or in part from
  244  public funds. The term includes the property or property rights,
  245  both real and personal, which have been or may be established by
  246  public bodies for the transportation of people or property from
  247  place to place.
  248         (29)(32) “Urban area” means a geographic region comprising
  249  as a minimum the area inside the United States Bureau of the
  250  Census boundary of an urban place with a population of 5,000 or
  251  more persons, expanded to include adjacent developed areas as
  252  provided for by Federal Highway Administration regulations.
  253         (33)“Urban minor arterial road” means a route that
  254  generally interconnects with and augments an urban principal
  255  arterial road and provides service to trips of shorter length
  256  and a lower level of travel mobility. The term includes all
  257  arterials not classified as “principal” and contain facilities
  258  that place more emphasis on land access than the higher system.
  259         (30)(34) “Urban place” means a geographic region composed
  260  of one or more contiguous census tracts that have been found by
  261  the United States Bureau of the Census to contain a population
  262  density of at least 1,000 persons per square mile.
  263         (35)“Urban principal arterial road” means a route that
  264  generally serves the major centers of activity of an urban area,
  265  the highest traffic volume corridors, and the longest trip
  266  purpose and carries a high proportion of the total urban area
  267  travel on a minimum of mileage. Such roads are integrated, both
  268  internally and between major rural connections.
  269         (31)(36) “Urbanized area” means a geographic region
  270  comprising as a minimum the area inside an urban place of 50,000
  271  or more persons, as designated by the United States Bureau of
  272  the Census, expanded to include adjacent developed areas as
  273  provided for by Federal Highway Administration regulations.
  274  Urban areas with a population of fewer than 50,000 persons which
  275  are located within the expanded boundary of an urbanized area
  276  are not separately recognized.
  277         (32)(37) “511” or “511 services” means three-digit
  278  telecommunications dialing to access interactive voice response
  279  telephone traveler information services provided in the state as
  280  defined by the Federal Communications Commission in FCC Order
  281  No. 00-256, July 31, 2000.
  282         (33)(38) “Interactive voice response” means a software
  283  application that accepts a combination of voice telephone input
  284  and touch-tone keypad selection and provides appropriate
  285  responses in the form of voice, fax, callback, e-mail, and other
  286  media.
  287         Section 2. Subsections (11) and (13) of section 334.044,
  288  Florida Statutes, are amended to read:
  289         334.044 Department; powers and duties.—The department shall
  290  have the following general powers and duties:
  291         (11) To establish a numbering system for public roads and,
  292  to functionally classify such roads, and to assign
  293  jurisdictional responsibility.
  294         (13) To designate existing and to plan proposed
  295  transportation facilities as part of the State Highway System,
  296  and to construct, maintain, and operate such facilities.
  297         Section 3. Section 334.047, Florida Statutes, is amended to
  298  read:
  299         334.047 Prohibition.—Notwithstanding any other provision of
  300  law to the contrary, the Department of Transportation may not
  301  establish a cap on the number of miles in the State Highway
  302  System or a maximum number of miles of urban principal arterial
  303  roads, as defined in s. 334.03, within a district or county.
  304         Section 4. Subsection (1) of section 337.14, Florida
  305  Statutes, is amended to read:
  306         337.14 Application for qualification; certificate of
  307  qualification; restrictions; request for hearing.—
  308         (1) Any person desiring to bid for the performance of any
  309  construction contract in excess of $250,000 which the department
  310  proposes to let must first be certified by the department as
  311  qualified pursuant to this section and rules of the department.
  312  The rules of the department shall address the qualification of
  313  persons to bid on construction contracts in excess of $250,000
  314  and shall include requirements with respect to the equipment,
  315  past record, experience, financial resources, and organizational
  316  personnel of the applicant necessary to perform the specific
  317  class of work for which the person seeks certification. The
  318  department may is authorized to limit the dollar amount of any
  319  contract upon which a person is qualified to bid or the
  320  aggregate total dollar volume of contracts such person is
  321  allowed to have under contract at any one time. Each applicant
  322  seeking qualification to bid on construction contracts in excess
  323  of $250,000 shall furnish the department a statement under oath,
  324  on such forms as the department may prescribe, setting forth
  325  detailed information as required on the application. Each
  326  application for certification shall be accompanied by the latest
  327  annual financial statement of the applicant completed within the
  328  last 12 months. If the application or the annual financial
  329  statement shows the financial condition of the applicant more
  330  than 4 months before prior to the date on which the application
  331  is received by the department, then an interim financial
  332  statement must also be submitted and be accompanied by an
  333  updated application. The interim financial statement must cover
  334  the period from the end date of the annual statement and must
  335  show the financial condition of the applicant no more than 4
  336  months before prior to the date that the interim financial
  337  statement on which the application is received by the
  338  department. Each required annual or interim financial statement
  339  must be audited and accompanied by the opinion of a certified
  340  public accountant or a public accountant approved by the
  341  department. The information required by this subsection is
  342  confidential and exempt from the provisions of s. 119.07(1). The
  343  department shall act upon the application for qualification
  344  within 30 days after the department determines that the
  345  application is complete. The department may waive the
  346  requirements of this subsection for projects having a contract
  347  price of $500,000 or less if the department determines that the
  348  project is of a noncritical nature and the waiver will not
  349  endanger public health, safety, or property.
  350         Section 5. Paragraph (a) of subsection (12) of section
  351  163.3180, Florida Statutes, is amended to read:
  352         163.3180 Concurrency.—
  353         (12)(a) A development of regional impact may satisfy the
  354  transportation concurrency requirements of the local
  355  comprehensive plan, the local government’s concurrency
  356  management system, and s. 380.06 by payment of a proportionate
  357  share contribution for local and regionally significant traffic
  358  impacts, if:
  359         1. The development of regional impact which, based on its
  360  location or mix of land uses, is designed to encourage
  361  pedestrian or other nonautomotive modes of transportation;
  362         2. The proportionate-share contribution for local and
  363  regionally significant traffic impacts is sufficient to pay for
  364  one or more required mobility improvements that will benefit a
  365  regionally significant transportation facility;
  366         3. The owner and developer of the development of regional
  367  impact pays or assures payment of the proportionate-share
  368  contribution; and
  369         4. If the regionally significant transportation facility to
  370  be constructed or improved is under the maintenance authority of
  371  a governmental entity, as defined by s. 334.03(10) s.
  372  334.03(12), other than the local government with jurisdiction
  373  over the development of regional impact, the developer is
  374  required to enter into a binding and legally enforceable
  375  commitment to transfer funds to the governmental entity having
  376  maintenance authority or to otherwise assure construction or
  377  improvement of the facility.
  378  
  379  The proportionate-share contribution may be applied to any
  380  transportation facility to satisfy the provisions of this
  381  subsection and the local comprehensive plan, but, for the
  382  purposes of this subsection, the amount of the proportionate
  383  share contribution shall be calculated based upon the cumulative
  384  number of trips from the proposed development expected to reach
  385  roadways during the peak hour from the complete buildout of a
  386  stage or phase being approved, divided by the change in the peak
  387  hour maximum service volume of roadways resulting from
  388  construction of an improvement necessary to maintain the adopted
  389  level of service, multiplied by the construction cost, at the
  390  time of developer payment, of the improvement necessary to
  391  maintain the adopted level of service. For purposes of this
  392  subsection, “construction cost” includes all associated costs of
  393  the improvement. Proportionate-share mitigation shall be limited
  394  to ensure that a development of regional impact meeting the
  395  requirements of this subsection mitigates its impact on the
  396  transportation system but is not responsible for the additional
  397  cost of reducing or eliminating backlogs. This subsection also
  398  applies to Florida Quality Developments pursuant to s. 380.061
  399  and to detailed specific area plans implementing optional sector
  400  plans pursuant to s. 163.3245.
  401         Section 6. Subsection (3) of section 288.063, Florida
  402  Statutes, is amended to read:
  403         288.063 Contracts for transportation projects.—
  404         (3) With respect to any contract executed pursuant to this
  405  section, the term “transportation project” means a
  406  transportation facility as defined in s. 334.03(28) s.
  407  334.03(31) which is necessary in the judgment of the Office of
  408  Tourism, Trade, and Economic Development to facilitate the
  409  economic development and growth of the state. Except for
  410  applications received prior to July 1, 1996, such transportation
  411  projects shall be approved only as a consideration to attract
  412  new employment opportunities to the state or expand or retain
  413  employment in existing companies operating within the state, or
  414  to allow for the construction or expansion of a state or federal
  415  correctional facility in a county that has with a population of
  416  75,000 or fewer which less that creates new employment
  417  opportunities or expands or retains employment in the county.
  418  The Office of Tourism, Trade, and Economic Development shall
  419  institute procedures to ensure that small and minority
  420  businesses have equal access to funding provided under this
  421  section. Funding for approved transportation projects may
  422  include any expenses, other than administrative costs and
  423  equipment purchases specified in the contract, necessary for
  424  new, or improvement to existing, transportation facilities.
  425  Funds made available pursuant to this section may not be
  426  expended in connection with the relocation of a business from
  427  one community to another community in this state unless the
  428  Office of Tourism, Trade, and Economic Development determines
  429  that without such relocation the business will move outside this
  430  state or determines that the business has a compelling economic
  431  rationale for the relocation which creates additional jobs.
  432  Subject to appropriation for projects under this section, any
  433  appropriation greater than $10 million shall be allocated to
  434  each of the districts of the Department of Transportation to
  435  ensure equitable geographical distribution. Such allocated funds
  436  that remain uncommitted by the third quarter of the fiscal year
  437  shall be reallocated among the districts based on pending
  438  project requests.
  439         Section 7. Paragraph (b) of subsection (3) of section
  440  311.07, Florida Statutes, is amended to read:
  441         311.07 Florida seaport transportation and economic
  442  development funding.—
  443         (3)
  444         (b) Projects eligible for funding by grants under the
  445  program are limited to the following port facilities or port
  446  transportation projects:
  447         1. Transportation facilities within the jurisdiction of the
  448  port.
  449         2. The dredging or deepening of channels, turning basins,
  450  or harbors.
  451         3. The construction or rehabilitation of wharves, docks,
  452  structures, jetties, piers, storage facilities, cruise
  453  terminals, automated people mover systems, or any facilities
  454  necessary or useful in connection with any of the foregoing.
  455         4. The acquisition of vessel tracking systems, container
  456  cranes, or other mechanized equipment used in the movement of
  457  cargo or passengers in international commerce.
  458         5. The acquisition of land to be used for port purposes.
  459         6. The acquisition, improvement, enlargement, or extension
  460  of existing port facilities.
  461         7. Environmental protection projects which are necessary
  462  because of requirements imposed by a state agency as a condition
  463  of a permit or other form of state approval; which are necessary
  464  for environmental mitigation required as a condition of a state,
  465  federal, or local environmental permit; which are necessary for
  466  the acquisition of spoil disposal sites and improvements to
  467  existing and future spoil sites; or which result from the
  468  funding of eligible projects listed in this paragraph.
  469         8. Transportation facilities as defined in s. 334.03(28) s.
  470  334.03(31) which are not otherwise part of the Department of
  471  Transportation’s adopted work program.
  472         9. Seaport intermodal access projects identified in the 5
  473  year Florida Seaport Mission Plan as provided in s. 311.09(3).
  474         10. Construction or rehabilitation of port facilities as
  475  defined in s. 315.02, excluding any park or recreational
  476  facilities, in ports listed in s. 311.09(1) with operating
  477  revenues of $5 million or less, provided that such projects
  478  create economic development opportunities, capital improvements,
  479  and positive financial returns to such ports.
  480         Section 8. Subsection (7) of section 311.09, Florida
  481  Statutes, is amended to read:
  482         311.09 Florida Seaport Transportation and Economic
  483  Development Council.—
  484         (7) The Department of Transportation shall review the list
  485  of projects approved by the council for consistency with the
  486  Florida Transportation Plan and the department’s adopted work
  487  program. In evaluating the consistency of a project, the
  488  department shall determine whether the transportation impact of
  489  the proposed project is adequately handled by existing state
  490  owned transportation facilities or by the construction of
  491  additional state-owned transportation facilities as identified
  492  in the Florida Transportation Plan and the department’s adopted
  493  work program. In reviewing for consistency a transportation
  494  facility project as defined in s. 334.03(28) s. 334.03(31) which
  495  is not otherwise part of the department’s work program, the
  496  department shall evaluate whether the project is needed to
  497  provide for projected movement of cargo or passengers from the
  498  port to a state transportation facility or local road. If the
  499  project is needed to provide for projected movement of cargo or
  500  passengers, the project shall be approved for consistency as a
  501  consideration to facilitate the economic development and growth
  502  of the state in a timely manner. The Department of
  503  Transportation shall identify those projects which are
  504  inconsistent with the Florida Transportation Plan and the
  505  adopted work program and shall notify the council of projects
  506  found to be inconsistent.
  507         Section 9. Section 316.2122, Florida Statutes, is amended
  508  to read:
  509         316.2122 Operation of a low-speed vehicle or mini truck on
  510  certain roadways.—The operation of a low-speed vehicle as
  511  defined in s. 320.01(42) or a mini truck as defined in s.
  512  320.01(45) on any road as defined in s. 334.03(15) or (33) is
  513  authorized with the following restrictions:
  514         (1) A low-speed vehicle or mini truck may be operated only
  515  on streets where the posted speed limit is 35 miles per hour or
  516  less. This does not prohibit a low-speed vehicle or mini truck
  517  from crossing a road or street at an intersection where the road
  518  or street has a posted speed limit of more than 35 miles per
  519  hour.
  520         (2) A low-speed vehicle must be equipped with headlamps,
  521  stop lamps, turn signal lamps, taillamps, reflex reflectors,
  522  parking brakes, rearview mirrors, windshields, seat belts, and
  523  vehicle identification numbers.
  524         (3) A low-speed vehicle or mini truck must be registered
  525  and insured in accordance with s. 320.02 and titled pursuant to
  526  chapter 319.
  527         (4) Any person operating a low-speed vehicle or mini truck
  528  must have in his or her possession a valid driver’s license.
  529         (5) A county or municipality may prohibit the operation of
  530  low-speed vehicles or mini trucks on any road under its
  531  jurisdiction if the governing body of the county or municipality
  532  determines that such prohibition is necessary in the interest of
  533  safety.
  534         (6) The Department of Transportation may prohibit the
  535  operation of low-speed vehicles or mini trucks on any road under
  536  its jurisdiction if it determines that such prohibition is
  537  necessary in the interest of safety.
  538         Section 10. Paragraph (c) of subsection (5) of section
  539  316.515, Florida Statutes, is amended to read:
  540         316.515 Maximum width, height, length.—
  541         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
  542  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
  543         (c) The width and height limitations of this section do not
  544  apply to farming or agricultural equipment, whether self
  545  propelled, pulled, or hauled, when temporarily operated during
  546  daylight hours upon a public road that is not a limited access
  547  facility as defined in s. 334.03(11) s. 334.03(13), and the
  548  width and height limitations may be exceeded by such equipment
  549  without a permit. To be eligible for this exemption, the
  550  equipment shall be operated within a radius of 50 miles of the
  551  real property owned, rented, or leased by the equipment owner.
  552  However, equipment being delivered by a dealer to a purchaser is
  553  not subject to the 50-mile limitation. Farming or agricultural
  554  equipment greater than 174 inches in width must have one warning
  555  lamp mounted on each side of the equipment to denote the width
  556  and must have a slow-moving vehicle sign. Warning lamps required
  557  by this paragraph must be visible from the front and rear of the
  558  vehicle and must be visible from a distance of at least 1,000
  559  feet.
  560         Section 11. Paragraph (b) of subsection (7) of section
  561  332.14, Florida Statutes, is amended to read:
  562         332.14 Secure Airports for Florida’s Economy Council.—
  563         (7) The SAFE council may utilize, as appropriate and with
  564  legislative spending authorization, any federal, state, and
  565  local government contributions as well as private donations to
  566  fund SAFE Master Plan projects.
  567         (b) The council shall review and approve or disapprove each
  568  project eligible to be funded pursuant to this act. The council
  569  shall annually submit a list of projects which have been
  570  approved by the council to the Secretary of Transportation, the
  571  Secretary of Community Affairs, the executive director of the
  572  Department of Law Enforcement, and the director of the Office of
  573  Tourism, Trade, and Economic Development. The list shall specify
  574  the recommended funding level for each project, and, if staged
  575  implementation of the project is appropriate, the funding
  576  requirements for each stage shall be specified.
  577         1. The Department of Community Affairs shall review the
  578  list of projects approved by the council to determine
  579  consistency with approved local government comprehensive plans
  580  of the units of local government in which the airport is located
  581  and consistency with the airport master plan. The Department of
  582  Community Affairs shall identify and notify the council of those
  583  projects which are not consistent, to the maximum extent
  584  feasible, with such comprehensive plans and airport master
  585  plans.
  586         2. The Department of Transportation shall review the list
  587  of projects approved by the council for consistency with the
  588  Florida Transportation Plan and the department’s adopted work
  589  program. In evaluating the consistency of a project, the
  590  department shall determine whether the transportation impact of
  591  the proposed project is adequately handled by existing state
  592  owned transportation facilities or by the construction of
  593  additional state-owned transportation facilities as identified
  594  in the Florida Transportation Plan and the department’s adopted
  595  work program. In reviewing for consistency a transportation
  596  facility project as defined in s. 334.03(28) s. 334.03(31) which
  597  is not otherwise part of the department’s work program, the
  598  department shall evaluate whether the project is needed to
  599  provide for projected movement of cargo or passengers from the
  600  airport to a state transportation facility or local road. If the
  601  project is needed to provide for projected movement of cargo or
  602  passengers, the project shall be approved for consistency as a
  603  consideration to facilitate the economic development and growth
  604  of the state in a timely manner. The department shall identify
  605  those projects which are inconsistent with the Florida
  606  Transportation Plan and the adopted work program and shall
  607  notify the council of projects found to be inconsistent.
  608         3. The Office of Tourism, Trade, and Economic Development,
  609  in consultation with Enterprise Florida, Inc., shall review the
  610  list of projects approved by the council to evaluate the
  611  economic benefit of the project and to determine whether the
  612  project is consistent with the SAFE Master Plan. The Office of
  613  Tourism, Trade, and Economic Development shall review the
  614  economic benefits of each project based upon the rules adopted
  615  pursuant to paragraph (a). The Office of Tourism, Trade, and
  616  Economic Development shall identify those projects which it has
  617  determined do not offer an economic benefit to the state or are
  618  not consistent with the SAFE Master Plan and shall notify the
  619  council of its findings.
  620         4. The Department of Law Enforcement shall review the list
  621  of projects approved by the council for consistency with
  622  domestic security provisions of ss. 943.03101, 943.0311, and
  623  943.0312. The Department of Law Enforcement shall identify those
  624  projects that it has determined are inconsistent with the
  625  state’s strategic plan for domestic security and shall notify
  626  the council of its findings.
  627         Section 12. Section 336.01, Florida Statutes, is amended to
  628  read:
  629         336.01 Designation of county road system.—The county road
  630  system shall be as defined in s. 334.03(6) s. 334.03(8).
  631         Section 13. Subsection (2) of section 338.222, Florida
  632  Statutes, is amended to read:
  633         338.222 Department of Transportation sole governmental
  634  entity to acquire, construct, or operate turnpike projects;
  635  exception.—
  636         (2) The department may contract with any local governmental
  637  entity as defined in s. 334.03(12) s. 334.03(14) for the design,
  638  right-of-way acquisition, or construction of any turnpike
  639  project which the Legislature has approved. Local governmental
  640  entities may negotiate with the department for the design,
  641  right-of-way acquisition, and construction of any section of the
  642  turnpike project within areas of their respective jurisdictions
  643  or within counties with which they have interlocal agreements.
  644         Section 14. Subsection (2) of section 341.8225, Florida
  645  Statutes, as created by chapter 2009-271, Laws of Florida, is
  646  amended to read:
  647         341.8225 Department of Transportation sole governmental
  648  entity to acquire, construct, or operate high-speed rail
  649  projects; exception.—
  650         (2) Local governmental entities, as defined in s.
  651  334.03(12) s. 334.03(14), may negotiate with the department for
  652  the design, right-of-way acquisition, and construction of any
  653  component of the high-speed rail system within areas of their
  654  respective jurisdictions or within counties with which they have
  655  interlocal agreements.
  656         Section 15. Subsection (24) of section 479.01, Florida
  657  Statutes, is amended to read:
  658         479.01 Definitions.—As used in this chapter, the term:
  659         (24) “Urban area” has the same meaning as defined in s.
  660  334.03(29) s. 334.03(32).
  661         Section 16. Subsection (1) of section 479.07, Florida
  662  Statutes, is amended to read:
  663         479.07 Sign permits.—
  664         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
  665  person may not erect, operate, use, or maintain, or cause to be
  666  erected, operated, used, or maintained, any sign on the State
  667  Highway System outside an urban area, as defined in s.
  668  334.03(29) s. 334.03(32), or on any portion of the interstate or
  669  federal-aid primary highway system without first obtaining a
  670  permit for the sign from the department and paying the annual
  671  fee as provided in this section. As used in this section, the
  672  term “on any portion of the State Highway System, interstate, or
  673  federal-aid primary system” means a sign located within the
  674  controlled area which is visible from any portion of the main
  675  traveled way of such system.
  676         Section 17. Subsection (5) of section 479.261, Florida
  677  Statutes, is amended to read:
  678         479.261 Logo sign program.—
  679         (5) At a minimum, permit fees for businesses that
  680  participate in the program must be established in an amount
  681  sufficient to offset the total cost to the department for the
  682  program, including contract costs. The department shall provide
  683  the services in the most efficient and cost-effective manner
  684  through department staff or by contracting for some or all of
  685  the services. The department shall adopt rules that set
  686  reasonable rates based upon factors such as population, traffic
  687  volume, market demand, and costs for annual permit fees.
  688  However, annual permit fees for sign locations inside an urban
  689  area, as defined in s. 334.03(29) s. 334.03(32), may not exceed
  690  $5,000, and annual permit fees for sign locations outside an
  691  urban area, as defined in s. 334.03(29) s. 334.03(32), may not
  692  exceed $2,500. After recovering program costs, the proceeds from
  693  the annual permit fees shall be deposited into the State
  694  Transportation Trust Fund and used for transportation purposes.
  695         Section 18. This act shall take effect July 1, 2010.

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