November 21, 2019
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       Florida Senate - 2010                             CS for SB 2362
       
       
       
       By the Committee on Transportation; and Senator Gardiner
       
       
       
       
       596-03688-10                                          20102362c1
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.1001, F.S.; clarifying the method to be used in
    4         providing notice following the issuance of a citation
    5         for failure to pay a toll; providing that receipt of
    6         the citation rather than its mailing constitutes
    7         notification; authorizing any governmental entity,
    8         including the clerk of court, to provide specified
    9         data to the Department of Highway Safety and Motor
   10         Vehicles regarding outstanding violations for failure
   11         to pay tolls; amending s. 316.545, F.S.; providing for
   12         a reduction in the gross weight of certain vehicles
   13         equipped with idle-reduction technologies when
   14         calculating a penalty for exceeding maximum weight
   15         limits; requiring that an operator provide
   16         certification of the weight of the idle-reduction
   17         technology and demonstrate or certify that the idle
   18         reduction technology is fully functional at all times;
   19         amending s. 318.18, F.S.; authorizing a court to
   20         direct the department to suspend a person’s driver’s
   21         license for violations involving the failure to pay
   22         tolls; amending s. 320.03, F.S.; clarifying provisions
   23         requiring that the tax collector withhold issuance of
   24         a license plate or revalidation sticker if certain
   25         fines are outstanding; amending s. 322.27, F.S.;
   26         providing that failure to pay a toll does not result
   27         in the assessment of points against a person’s driving
   28         record; amending s. 337.14, F.S.; clarifying
   29         provisions relating to the submission of interim
   30         financial statements to the department along with
   31         applications for contractor qualification; amending s.
   32         337.401, F.S.; providing for the placement of and
   33         access to transmission lines that are adjacent to and
   34         within the right-of-way of any public road controlled
   35         by the Department of Transportation; amending s.
   36         338.155, F.S.; authorizing the Department of
   37         Transportation to adopt rules related to the payment,
   38         collection, and enforcement of tolls; amending s.
   39         343.64, F.S.; authorizing the Central Florida Regional
   40         Transportation Authority to borrow funds under certain
   41         circumstances; amending s. 348.51, F.S.; setting forth
   42         the limited nature of the obligations issued by the
   43         Tampa-Hillsborough County Expressway Authority;
   44         amending s. 348.545, F.S.; clarifying authorization
   45         for the authority to issue bonds to finance
   46         improvements; amending s. 348.56, F.S.; prescribing
   47         additional authorization for the authority to issue
   48         bonds by or on behalf of the authority; authorizing
   49         the public or negotiated sale of bonds by the
   50         authority; amending s. 348.565, F.S.; revising revenue
   51         bond-issuance authority with respect to specific
   52         legislatively approved projects; amending s. 348.57,
   53         F.S.; prescribing additional authorization for the
   54         authority to issue refunding bonds; amending s.
   55         348.70, F.S.; exempting the authority from certain
   56         provisions relating to issuance of bonds by state
   57         agencies; creating part XI of ch. 348, F.S.; creating
   58         s. 348.9950, F.S.; providing a short title; creating
   59         s. 348.9951, F.S.; providing that certain terms have
   60         the same meaning as in the Florida Expressway
   61         Authority Act for certain purposes; creating s.
   62         348.9952, F.S.; creating the Osceola County Expressway
   63         Authority as an agency of the state; providing for a
   64         governing body of the authority; providing for
   65         membership, terms, organization, personnel, and
   66         administration; authorizing payment of travel and
   67         other expenses; directing the authority to cooperate
   68         with and participate in any efforts to establish a
   69         regional expressway authority; creating s. 348.9953,
   70         F.S.; providing purposes and powers of the authority;
   71         creating s. 348.9954, F.S.; authorizing the issuance
   72         of bonds to pay or secure certain obligations;
   73         creating s. 348.9955, F.S.; authorizing the authority
   74         to enter into certain agreements; creating s.
   75         348.9956, F.S.; authorizing the department to act as
   76         the authority’s appointed agent under certain
   77         circumstances; creating s. 348.9957, F.S; authorizing
   78         the authority to acquire certain lands and property;
   79         authorizing the authority to exercise eminent domain;
   80         creating s. 348.9958, F.S.; authorizing certain
   81         entities to enter into agreements with the authority;
   82         creating s. 348.9959, F.S.; providing legislative
   83         intent and a pledge of the state to bondholders;
   84         creating s. 348.9960, F.S.; exempting the authority
   85         from taxation; creating s. 348.9961, F.S.; providing
   86         for dissolution of the authority under certain
   87         circumstances; designating parts I and II of ch. 479,
   88         F.S.; amending s. 479.01, F.S.; clarifying the
   89         definition of “commercial or industrial zone”;
   90         defining the terms “allowable uses,” “commercial use,”
   91         “industrial use,” and “zoning category” for specified
   92         purposes; creating part III of ch. 479, F.S.; creating
   93         s. 479.310, F.S.; providing legislative intent;
   94         creating s. 479.311, F.S.; providing that the county
   95         court and circuit court have concurrent jurisdiction;
   96         creating ss. 479.312, 479.313, and 479.314, F.S.;
   97         requiring that all costs incurred by the department to
   98         remove signs in certain locations on the interstate
   99         highway system, the federal-aid primary highway
  100         system, or the state highway system to be assessed and
  101         collected from certain persons under certain
  102         conditions; amending s. 705.18, F.S.; deleting
  103         provisions relating to public-use airports or its
  104         directors, as well as the required disposition of
  105         moneys from sale of property abandoned at a public-use
  106         airport; creating s. 705.182, F.S.; providing an
  107         eligibility period for personal property found on
  108         public-use airports to be claimed; providing options
  109         for disposing of personal property; providing
  110         procedures for selling abandoned personal property;
  111         providing for the notice of sale; authorizing an
  112         airport tenant to establish its own lost and found
  113         procedures; providing that a purchaser of certain
  114         property holds title to such property; creating s.
  115         705.183, F.S.; creating procedures for the disposal of
  116         derelict or abandoned aircraft on the premises of a
  117         public-use airport; requiring that the director of an
  118         airport or the director’s designee keep a record of
  119         such aircraft found at an airport; defining the terms
  120         “derelict aircraft” and “abandoned aircraft”;
  121         requiring that the director of an airport or the
  122         director’s designee make a determination of the
  123         identity of an aircraft owner and persons having legal
  124         interest in the aircraft; requiring notification of
  125         the aircraft owner and all persons having an equitable
  126         or legal interest in the aircraft; requiring that
  127         certain items be included in the notice; providing an
  128         exception; providing for notice if the owner of the
  129         aircraft is unknown or cannot be found; providing the
  130         form of such notice; providing for the placement of
  131         the notice; providing procedures for failure to remove
  132         an aircraft and pay fees; requiring that any sale of
  133         aircraft be made at a public auction; providing notice
  134         requirements for such public auction; providing
  135         procedures for disposing of an aircraft; providing for
  136         liability if the sale price is less than the charges
  137         and costs related to the aircraft; providing that a
  138         lien in favor of the airport exists under certain
  139         circumstances; providing for the payment of fees and
  140         charges related to the aircraft; requiring notice of
  141         any such lien; requiring the filing of a claim of
  142         lien; providing a form of the claim of lien; providing
  143         for service of the claim of lien; providing that the
  144         purchaser of the aircraft takes the property free of
  145         rights of persons holding legal or equitable interest
  146         in the aircraft; requiring that the purchaser or
  147         recipient notify the Federal Aviation Administration
  148         of the change in ownership; providing for the
  149         deduction of costs if an aircraft is sold at a public
  150         sale; requiring that the balance be deposited into an
  151         interest-bearing account; providing a deadline for the
  152         owner to claim the funds; authorizing the airport to
  153         retain the balance under certain circumstances;
  154         authorizing an airport to issue documents relating to
  155         the aircraft disposal; creating s. 705.184, F.S.;
  156         creating procedures for the disposal of derelict or
  157         abandoned motor vehicles on public-use airports;
  158         defining the terms “derelict motor vehicle” and
  159         “abandoned motor vehicle”; authorizing the removal of
  160         such a vehicle from the airport premises; requiring
  161         that the director of an airport or the director’s
  162         designee make a determination of the identity of the
  163         owner of the motor vehicle and the insurance company
  164         insuring the motor vehicle; requiring notification of
  165         the owner, insurer, and lienholder; requiring that
  166         certain information be included in the notice;
  167         providing an exception; providing a form for the
  168         notice; providing for the placement of such notice;
  169         authorizing an airport to take certain action if the
  170         owner or lienholder fails to remove the motor vehicle
  171         and pay applicable fees; requiring that any sale of a
  172         motor vehicle be made at a public auction; providing
  173         notice requirements for such auction; providing
  174         procedures for disposing of the motor vehicle;
  175         providing for liability if the sale price is less than
  176         the charges and costs related to the motor vehicle;
  177         providing for a lien in favor of the airport for all
  178         fees and charges related to the motor vehicle under
  179         certain circumstances; providing for notice of such
  180         lien; requiring the filing of a claim of lien;
  181         providing a form for the claim of such lien;
  182         specifying requirements for service of a claim of
  183         lien; providing that a purchaser of a motor vehicle
  184         takes the property free of rights of persons holding
  185         legal or equitable interest in the motor vehicle;
  186         providing an effective date.
  187  
  188  Be It Enacted by the Legislature of the State of Florida:
  189  
  190         Section 1. Paragraph (b) of subsection (2) and subsection
  191  (4) of section 316.1001, Florida Statutes, are amended to read:
  192         316.1001 Payment of toll on toll facilities required;
  193  penalties.—
  194         (2)
  195         (b) A citation issued under this subsection may be issued
  196  by mailing the citation by first-class first class mail, or by
  197  certified mail, return receipt requested, to the address of the
  198  registered owner of the motor vehicle involved in the violation.
  199  Receipt of Mailing the citation to this address constitutes
  200  notification. In the case of joint ownership of a motor vehicle,
  201  the traffic citation must be mailed to the first name appearing
  202  on the registration, unless the first name appearing on the
  203  registration is a business organization, in which case the
  204  second name appearing on the registration may be used. A
  205  citation issued under this paragraph must be mailed to the
  206  registered owner of the motor vehicle involved in the violation
  207  within 14 days after the date of issuance of the citation
  208  violation. In addition to the citation, notification must be
  209  sent to the registered owner of the motor vehicle involved in
  210  the violation specifying remedies available under ss. 318.14(12)
  211  and 318.18(7).
  212         (4) Any governmental entity, including, without limitation,
  213  a clerk of court, may provide supply the department with data
  214  that is machine readable by the department’s computer system,
  215  listing persons who have one or more outstanding violations of
  216  this section, with reference to the person’s driver’s license
  217  number or vehicle registration number in the case of a business
  218  entity. Pursuant to s. 320.03(8), those persons may not be
  219  issued a license plate or revalidation sticker for any motor
  220  vehicle.
  221         Section 2. Subsection (3) of section 316.545, Florida
  222  Statutes, is amended to read:
  223         316.545 Weight and load unlawful; special fuel and motor
  224  fuel tax enforcement; inspection; penalty; review.—
  225         (3) Any person who violates the overloading provisions of
  226  this chapter shall be conclusively presumed to have damaged the
  227  highways of this state by reason of such overloading, which
  228  damage is hereby fixed as follows:
  229         (a) When the excess weight is 200 pounds or less than the
  230  maximum herein provided, the penalty shall be $10;
  231         (b) Five cents per pound for each pound of weight in excess
  232  of the maximum herein provided when the excess weight exceeds
  233  200 pounds. However, whenever the gross weight of the vehicle or
  234  combination of vehicles does not exceed the maximum allowable
  235  gross weight, the maximum fine for the first 600 pounds of
  236  unlawful axle weight shall be $10;
  237         (c) For a vehicle equipped with fully functional idle
  238  reduction technology, any penalty shall be calculated by
  239  reducing the actual gross vehicle weight or the internal bridge
  240  weight by the certified weight of the idle-reduction technology
  241  or by 400 pounds, whichever is less. The vehicle operator must
  242  present written certification of the weight of the idle
  243  reduction technology and must demonstrate or certify that the
  244  idle-reduction technology is fully functional at all times. Such
  245  calculation may not be used for vehicles described in s.
  246  316.535(6);
  247         (d)(c) An apportioned motor vehicle, as defined in s.
  248  320.01, operating on the highways of this state without being
  249  properly licensed and registered shall be subject to the
  250  penalties as herein provided; and
  251         (e)(d) Vehicles operating on the highways of this state
  252  from nonmember International Registration Plan jurisdictions
  253  which are not in compliance with the provisions of s. 316.605
  254  shall be subject to the penalties as herein provided.
  255         Section 3. Subsection (7) of section 318.18, Florida
  256  Statutes, is amended to read:
  257         318.18 Amount of penalties.—The penalties required for a
  258  noncriminal disposition pursuant to s. 318.14 or a criminal
  259  offense listed in s. 318.17 are as follows:
  260         (7) Mandatory $100 fine for each violation of s. 316.1001
  261  plus the amount of the unpaid toll shown on the traffic citation
  262  for each citation issued. The clerk of the court shall forward
  263  $25 of the $100 fine received, plus the amount of the unpaid
  264  toll that is shown on the citation, to the governmental entity
  265  that issued the citation, or on whose behalf the citation was
  266  issued. If a plea arrangement is reached prior to the date set
  267  for a scheduled evidentiary hearing and adjudication is
  268  withheld, there shall be a mandatory fine assessed per citation
  269  of not less than $50 and not more than $100, plus the amount of
  270  the unpaid toll for each citation issued. The clerk of the court
  271  shall forward $25 of the fine imposed plus the amount of the
  272  unpaid toll that is shown on the citation to the governmental
  273  entity that issued the citation or on whose behalf the citation
  274  was issued. The court shall have specific authority to
  275  consolidate issued citations for the same defendant for the
  276  purpose of sentencing and aggregate jurisdiction. In addition,
  277  the court may direct the department to shall suspend for 60 days
  278  the driver’s license of a person who is convicted of 10
  279  violations of s. 316.1001 within a 36-month period. Any funds
  280  received by a governmental entity for this violation may be used
  281  for any lawful purpose related to the operation or maintenance
  282  of a toll facility.
  283         Section 4. Subsection (8) of section 320.03, Florida
  284  Statutes, is amended to read:
  285         320.03 Registration; duties of tax collectors;
  286  International Registration Plan.—
  287         (8) If the applicant’s name appears on the list referred to
  288  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
  289  plate or revalidation sticker may not be issued until that
  290  person’s name no longer appears on the list or until the person
  291  presents a receipt from the governmental entity or the clerk of
  292  court that provided the data showing that the fines outstanding
  293  have been paid. This subsection does not apply to the owner of a
  294  leased vehicle if the vehicle is registered in the name of the
  295  lessee of the vehicle. The tax collector and the clerk of the
  296  court are each entitled to receive monthly, as costs for
  297  implementing and administering this subsection, 10 percent of
  298  the civil penalties and fines recovered from such persons. As
  299  used in this subsection, the term “civil penalties and fines”
  300  does not include a wrecker operator’s lien as described in s.
  301  713.78(13). If the tax collector has private tag agents, such
  302  tag agents are entitled to receive a pro rata share of the
  303  amount paid to the tax collector, based upon the percentage of
  304  license plates and revalidation stickers issued by the tag agent
  305  compared to the total issued within the county. The authority of
  306  any private agent to issue license plates shall be revoked,
  307  after notice and a hearing as provided in chapter 120, if he or
  308  she issues any license plate or revalidation sticker contrary to
  309  the provisions of this subsection. This section applies only to
  310  the annual renewal in the owner’s birth month of a motor vehicle
  311  registration and does not apply to the transfer of a
  312  registration of a motor vehicle sold by a motor vehicle dealer
  313  licensed under this chapter, except for the transfer of
  314  registrations which is inclusive of the annual renewals. This
  315  section does not affect the issuance of the title to a motor
  316  vehicle, notwithstanding s. 319.23(7)(b).
  317         Section 5. Paragraph (d) of subsection (3) of section
  318  322.27, Florida Statutes, is amended to read:
  319         322.27 Authority of department to suspend or revoke
  320  license.—
  321         (3) There is established a point system for evaluation of
  322  convictions of violations of motor vehicle laws or ordinances,
  323  and violations of applicable provisions of s. 403.413(6)(b) when
  324  such violations involve the use of motor vehicles, for the
  325  determination of the continuing qualification of any person to
  326  operate a motor vehicle. The department is authorized to suspend
  327  the license of any person upon showing of its records or other
  328  good and sufficient evidence that the licensee has been
  329  convicted of violation of motor vehicle laws or ordinances, or
  330  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  331  more points as determined by the point system. The suspension
  332  shall be for a period of not more than 1 year.
  333         (d) The point system shall have as its basic element a
  334  graduated scale of points assigning relative values to
  335  convictions of the following violations:
  336         1. Reckless driving, willful and wanton—4 points.
  337         2. Leaving the scene of a crash resulting in property
  338  damage of more than $50—6 points.
  339         3. Unlawful speed resulting in a crash—6 points.
  340         4. Passing a stopped school bus—4 points.
  341         5. Unlawful speed:
  342         a. Not in excess of 15 miles per hour of lawful or posted
  343  speed—3 points.
  344         b. In excess of 15 miles per hour of lawful or posted
  345  speed—4 points.
  346         6. A violation of a traffic control signal device as
  347  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  348         7. All other moving violations (including parking on a
  349  highway outside the limits of a municipality)—3 points. However,
  350  no points shall be imposed for a violation of s. 316.0741, s.
  351  316.1001, or s. 316.2065(12).
  352         8. Any moving violation covered above, excluding unlawful
  353  speed, resulting in a crash—4 points.
  354         9. Any conviction under s. 403.413(6)(b)—3 points.
  355         10. Any conviction under s. 316.0775(2)—4 points.
  356         Section 6. Subsection (1) of section 337.14, Florida
  357  Statutes, is amended to read:
  358         337.14 Application for qualification; certificate of
  359  qualification; restrictions; request for hearing.—
  360         (1) Any person desiring to bid for the performance of any
  361  construction contract in excess of $250,000 which the department
  362  proposes to let must first be certified by the department as
  363  qualified pursuant to this section and rules of the department.
  364  The rules of the department shall address the qualification of
  365  persons to bid on construction contracts in excess of $250,000
  366  and shall include requirements with respect to the equipment,
  367  past record, experience, financial resources, and organizational
  368  personnel of the applicant necessary to perform the specific
  369  class of work for which the person seeks certification. The
  370  department may is authorized to limit the dollar amount of any
  371  contract upon which a person is qualified to bid or the
  372  aggregate total dollar volume of contracts such person is
  373  allowed to have under contract at any one time. Each applicant
  374  seeking qualification to bid on construction contracts in excess
  375  of $250,000 shall furnish the department a statement under oath,
  376  on such forms as the department may prescribe, setting forth
  377  detailed information as required on the application. Each
  378  application for certification shall be accompanied by the latest
  379  annual financial statement of the applicant completed within the
  380  last 12 months. If the application or the annual financial
  381  statement shows the financial condition of the applicant more
  382  than 4 months before prior to the date on which the application
  383  is received by the department, then an interim financial
  384  statement must also be submitted and be accompanied by an
  385  updated application. The interim financial statement must cover
  386  the period from the end date of the annual statement and must
  387  show the financial condition of the applicant no more than 4
  388  months before prior to the date that the interim financial
  389  statement on which the application is received by the
  390  department. Each required annual or interim financial statement
  391  must be audited and accompanied by the opinion of a certified
  392  public accountant or a public accountant approved by the
  393  department. The information required by this subsection is
  394  confidential and exempt from the provisions of s. 119.07(1). The
  395  department shall act upon the application for qualification
  396  within 30 days after the department determines that the
  397  application is complete. The department may waive the
  398  requirements of this subsection for projects having a contract
  399  price of $500,000 or less if the department determines that the
  400  project is of a noncritical nature and the waiver will not
  401  endanger public health, safety, or property.
  402         Section 7. Subsection (1) of section 337.401, Florida
  403  Statutes, is amended to read:
  404         337.401 Use of right-of-way for utilities subject to
  405  regulation; permit; fees.—
  406         (1)(a) The department and local governmental entities,
  407  referred to in ss. 337.401-337.404 as the “authority,” that have
  408  jurisdiction and control of public roads or publicly owned rail
  409  corridors are authorized to prescribe and enforce reasonable
  410  rules or regulations with reference to the placing and
  411  maintaining along, across, or on any road or publicly owned rail
  412  corridors under their respective jurisdictions any electric
  413  transmission, telephone, telegraph, or other communications
  414  services lines; pole lines; poles; railways; ditches; sewers;
  415  water, heat, or gas mains; pipelines; fences; gasoline tanks and
  416  pumps; or other structures referred to in this section as the
  417  “utility.” For aerial and underground electric utility
  418  transmission lines designed to operate at 69 or more kilovolts
  419  that are needed to accommodate the additional electrical
  420  transfer capacity on the transmission grid resulting from new
  421  base-load generating facilities, where there is no other
  422  practicable alternative available for placement of the electric
  423  utility transmission lines on the department’s rights-of-way,
  424  the department’s rules shall provide for placement of and access
  425  to such transmission lines adjacent to and within the right-of
  426  way of any department-controlled public roads, including
  427  longitudinally within limited access facilities to the greatest
  428  extent allowed by federal law, if compliance with the standards
  429  established by such rules is achieved. Such rules may include,
  430  but need not be limited to, that the use of the right-of-way is
  431  reasonable based upon a consideration of economic and
  432  environmental factors, including, without limitation, other
  433  practicable alternative alignments, utility corridors and
  434  easements, impacts on adjacent property owners, and minimum
  435  clear zones and other safety standards, and further provide that
  436  placement of the electric utility transmission lines within the
  437  department’s right-of-way does not interfere with operational
  438  requirements of the transportation facility or planned or
  439  potential future expansion of such transportation facility. If
  440  the department approves longitudinal placement of electric
  441  utility transmission lines in limited access facilities,
  442  compensation for the use of the right-of-way is required. Such
  443  consideration or compensation paid by the electric utility in
  444  connection with the department’s issuance of a permit does not
  445  create any property right in the department’s property
  446  regardless of the amount of consideration paid or the
  447  improvements constructed on the property by the utility. Upon
  448  notice by the department that the property is needed for
  449  expansion or improvement of the transportation facility, the
  450  electric utility transmission line will relocate from the
  451  facility at the electric utility’s sole expense. The electric
  452  utility shall pay to the department reasonable damages resulting
  453  from the utility’s failure or refusal to timely relocate its
  454  transmission lines. The rules to be adopted by the department
  455  may also address the compensation methodology and relocation. As
  456  used in this subsection, the term “base-load generating
  457  facilities” means electric power plants that are certified under
  458  part II of chapter 403. The department may enter into a permit
  459  delegation agreement with a governmental entity if issuance of a
  460  permit is based on requirements that the department finds will
  461  ensure the safety and integrity of facilities of the Department
  462  of Transportation; however, the permit-delegation agreement does
  463  not apply to facilities of electric utilities as defined in s.
  464  366.02(2).
  465         (b)For aerial and underground electric utility
  466  transmission lines that are designed to operate at 69 or more
  467  kilovolts and that are needed to accommodate the additional
  468  electrical transfer capacity on the transmission grid resulting
  469  from new base-load generating facilities, the department’s rules
  470  shall provide for placement of and access to such transmission
  471  lines adjacent to and within the right-of-way of any department
  472  controlled public roads, including longitudinally within limited
  473  access facilities where there is no other practicable
  474  alternative available, to the greatest extent allowed by federal
  475  law, if compliance with the standards established by such rules
  476  is achieved. Such rules may include, but need not be limited to,
  477  a requirement that the use of the limited access right-of-way
  478  for longitudinal placement of electric utility transmission
  479  lines be reasonably based upon a consideration of economic and
  480  environmental factors, including, but not limited to, other
  481  practicable alternative alignments, utility corridors and
  482  easements, impacts on adjacent property owners, and minimum
  483  clear zones and other safety standards. Such rules may also
  484  require that placement of the electric utility transmission
  485  lines within the department’s right-of-way not interfere with
  486  operational requirements of the transportation facility or
  487  planned or potential future expansion of such transportation
  488  facility. Compensation for the use of the right-of-way must be
  489  provided if the department approves longitudinal placement of
  490  electric utility transmission lines in limited access
  491  facilities. Such consideration or compensation paid by the
  492  electric utility in connection with the department’s issuance of
  493  a permit does not create any property right in the department’s
  494  property regardless of the amount of consideration paid or the
  495  improvements constructed on the property by the utility. Upon
  496  notice by the department that the property is needed for
  497  expansion or improvement of the transportation facility, the
  498  electric utility transmission line shall be relocated at the
  499  electric utility’s sole expense. The electric utility shall pay
  500  to the department reasonable damages resulting from the
  501  utility’s failure or refusal to timely relocate its transmission
  502  lines. The rules adopted by the department may also address the
  503  compensation methodology and relocation. As used in this
  504  subsection, the term “base-load generating facilities” means
  505  electric power plants that are certified under part II of
  506  chapter 403.
  507         Section 8. Subsection (1) of section 338.155, Florida
  508  Statutes, is amended to read:
  509         338.155 Payment of toll on toll facilities required;
  510  exemptions.—
  511         (1) No persons are permitted to use any toll facility
  512  without payment of tolls, except employees of the agency
  513  operating the toll project when using the toll facility on
  514  official state business, state military personnel while on
  515  official military business, handicapped persons as provided in
  516  this section, persons exempt from toll payment by the
  517  authorizing resolution for bonds issued to finance the facility,
  518  and persons exempt on a temporary basis where use of such toll
  519  facility is required as a detour route. Any law enforcement
  520  officer operating a marked official vehicle is exempt from toll
  521  payment when on official law enforcement business. Any person
  522  operating a fire vehicle when on official business or a rescue
  523  vehicle when on official business is exempt from toll payment.
  524  Any person participating in the funeral procession of a law
  525  enforcement officer or firefighter killed in the line of duty is
  526  exempt from toll payment. The secretary, or the secretary’s
  527  designee, may suspend the payment of tolls on a toll facility
  528  when necessary to assist in emergency evacuation. The failure to
  529  pay a prescribed toll constitutes a noncriminal traffic
  530  infraction, punishable as a moving violation pursuant to s.
  531  318.18. The department is authorized to adopt rules relating to
  532  the payment, collection, and enforcement of tolls, including,
  533  but not limited to, rules for the implementation of video or
  534  other image billing and variable pricing guaranteed toll
  535  accounts.
  536         Section 9. Paragraph (q) is added to subsection (2) of
  537  section 343.64, Florida Statutes, to read:
  538         343.64 Powers and duties.—
  539         (2) The authority may exercise all powers necessary,
  540  appurtenant, convenient, or incidental to the carrying out of
  541  the aforesaid purposes, including, but not limited to, the
  542  following rights and powers:
  543         (q) Notwithstanding the provisions of s. 343.65, to borrow
  544  money in a principal amount not to exceed $10 million in any
  545  calendar year to refinance all or part of the costs or
  546  obligations of the authority, including, but not limited to,
  547  obligations of the authority as a lessee under a lease.
  548         Section 10. Subsection (3) of section 348.51, Florida
  549  Statutes, is amended to read:
  550         348.51 Definitions.—The following terms whenever used or
  551  referred to in this part shall have the following meanings,
  552  except in those instances where the context clearly indicates
  553  otherwise:
  554         (3) “Bonds” means and includes the notes, bonds, refunding
  555  bonds, or other evidences of indebtedness or obligations, in
  556  either temporary or definitive form, which of the authority is
  557  authorized to issue issued pursuant to this part.
  558         Section 11. Section 348.545, Florida Statutes, is amended
  559  to read:
  560         348.545 Facility improvement; bond financing authority.
  561  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  562  Legislature hereby approves for bond financing by the Tampa
  563  Hillsborough County Expressway Authority improvements to toll
  564  collection facilities, interchanges to the legislatively
  565  approved expressway system, and any other facility appurtenant,
  566  necessary, or incidental to the approved system. Subject to
  567  terms and conditions of applicable revenue bond resolutions and
  568  covenants, such costs financing may be financed in whole or in
  569  part by revenue bonds issued under s. 348.56(1)(a) or (b)
  570  whether currently issued or issued in the future, or by a
  571  combination of such bonds.
  572         Section 12. Subsections (1) and (2) of section 348.56,
  573  Florida Statutes, are amended to read:
  574         348.56 Bonds of the authority.—
  575         (1)(a) Bonds may be issued on behalf of the authority under
  576  the State Bond Act.
  577         (b) Alternatively, the authority shall have the power and
  578  is hereby authorized from time to time to issue bonds in such
  579  principal amount as, in the opinion of the authority, shall be
  580  necessary to provide sufficient moneys for achieving its
  581  corporate purposes, including construction, reconstruction,
  582  improvement, extension, repair, maintenance and operation of the
  583  expressway system, the cost of acquisition of all real property,
  584  interest on bonds during construction and for a reasonable
  585  period thereafter, establishment of reserves to secure bonds,
  586  and all other expenditures of the authority incident to and
  587  necessary or convenient to carry out its corporate purposes and
  588  powers.
  589         (2)(a) Bonds issued by the authority under paragraph (1)(a)
  590  or (b) shall be authorized by resolution of the members of the
  591  authority and shall bear such date or dates, mature at such time
  592  or times, not exceeding 40 years from their respective dates,
  593  bear interest at such rate or rates, not exceeding the maximum
  594  rate fixed by general law for authorities, be in such
  595  denominations, be in such form, either coupon or fully
  596  registered, carry such registration, exchangeability and
  597  interchangeability privileges, be payable in such medium of
  598  payment and at such place or places, be subject to such terms of
  599  redemption and be entitled to such priorities of lien on the
  600  revenues, other available moneys, and the Hillsborough County
  601  gasoline tax funds as such resolution or any resolution
  602  subsequent thereto may provide. The bonds shall be executed
  603  either by manual or facsimile signature by such officers as the
  604  authority shall determine, provided that such bonds shall bear
  605  at least one signature which is manually executed thereon. The
  606  coupons attached to such bonds shall bear the facsimile
  607  signature or signatures of such officer or officers as shall be
  608  designated by the authority. Such bonds shall have the seal of
  609  the authority affixed, imprinted, reproduced, or lithographed
  610  thereon.
  611         (b) The bonds issued under paragraph (1)(a) or (b) shall be
  612  sold at public sale in the same manner provided by the State
  613  Bond Act, and the net interest cost to the authority on such
  614  bonds shall not exceed the maximum rate fixed by general law for
  615  authorities. However, if the authority, by official action at a
  616  public meeting, determines that a negotiated sale of such bonds
  617  is in the best interest of the authority, the authority may
  618  negotiate the sale of such bonds with the underwriter or
  619  underwriters designated by the authority and the Division of
  620  Bond Finance of the State Board of Administration with respect
  621  to bonds issued pursuant to paragraph (1)(a) or solely by the
  622  authority with respect to bonds issued pursuant to paragraph
  623  (1)(b). The authority’s determination to negotiate the sale of
  624  such bonds may be based, in part, upon the written advice of the
  625  authority’s financial adviser. If all bids received on the
  626  public sale are rejected, the authority may then proceed to
  627  negotiate for the sale of the bonds at a net interest cost which
  628  shall be less than the lowest net interest cost stated in the
  629  bids rejected at the public sale. Pending the preparation of
  630  definitive bonds, temporary bonds or interim certificates may be
  631  issued to the purchaser or purchasers of such bonds and may
  632  contain such terms and conditions as the authority may
  633  determine.
  634         Section 13. Section 348.565, Florida Statutes, is amended
  635  to read:
  636         348.565 Revenue bonds for specified projects.—The existing
  637  facilities that constitute the Tampa-Hillsborough County
  638  Expressway System are hereby approved to be refinanced by the
  639  issuance of revenue bonds issued by the Division of Bond Finance
  640  of the State Board of Administration pursuant to s. 11(f), Art.
  641  VII of the State Constitution and the State Bond Act, or by
  642  revenue bonds issued by the authority under s. 348.56(1)(b). In
  643  addition, the following projects of the Tampa-Hillsborough
  644  County Expressway Authority are approved to be financed or
  645  refinanced by the issuance of revenue bonds in accordance with
  646  this part under pursuant to s. 11(f), Art. VII of the State
  647  Constitution:
  648         (1) Brandon area feeder roads.
  649         (2) Capital improvements to the expressway system,
  650  including safety and operational improvements and toll
  651  collection equipment.
  652         (3) Lee Roy Selmon Crosstown Expressway System widening.
  653         (4) The connector highway linking the Lee Roy Selmon
  654  Crosstown Expressway to Interstate 4.
  655         Section 14. Subsection (1) of section 348.57, Florida
  656  Statutes, is amended to read:
  657         348.57 Refunding bonds.—
  658         (1) Subject to public notice as provided in s. 348.54, the
  659  authority is authorized to provide by resolution for the
  660  issuance from time to time of bonds under s. 348.56(1)(b) for
  661  the purpose of refunding any bonds then outstanding regardless
  662  of whether the bonds being refunded were issued by the authority
  663  under this chapter or on behalf of the authority under the State
  664  Bond Act. The authority is further authorized to provide by
  665  resolution for the issuance of bonds for the combined purpose
  666  of:
  667         (a) Paying the cost of constructing, reconstructing,
  668  improving, extending, repairing, maintaining and operating the
  669  expressway system.
  670         (b) Refunding bonds then outstanding. The authorization,
  671  sale and issuance of such obligations, the maturities and other
  672  details thereof, the rights and remedies of the holders thereof,
  673  and the rights, powers, privileges, duties and obligations of
  674  the authority with respect to the same shall be governed by the
  675  foregoing provisions of this part insofar as the same may be
  676  applicable.
  677         Section 15. Section 348.70, Florida Statutes, is amended to
  678  read:
  679         348.70 This part complete and additional authority.—
  680         (1) The powers conferred by this part shall be in addition
  681  and supplemental to the existing respective powers of the
  682  authority, the department, the county and the city, if any, and
  683  this part shall not be construed as repealing any of the
  684  provisions of any other law, general, special or local, but
  685  shall be deemed to supersede such other law or laws in the
  686  exercise of the powers provided in this part insofar as such
  687  other law or laws are inconsistent with the provisions of this
  688  part and to provide a complete method for the exercise of the
  689  powers granted herein. The construction, reconstruction,
  690  improvement, extension, repair, maintenance and operation of the
  691  expressway system, and the issuance of bonds hereunder to
  692  finance all or part of the cost thereof, may be accomplished
  693  upon compliance with the provisions of this part without regard
  694  to or necessity for compliance with the provisions, limitations,
  695  or restrictions contained in any other general, special or local
  696  law, including, but not limited to, s. 215.821, and no approval
  697  of any bonds issued under this part by the qualified electors or
  698  qualified electors who are freeholders in the state or in the
  699  county or in the city or in any other political subdivision of
  700  the state shall be required for the issuance of such bonds.
  701         (2) This part does not repeal, rescind, or modify any other
  702  law or laws relating to the State Board of Administration, the
  703  Department of Transportation, or the Division of Bond Finance of
  704  the State Board of Administration, but supersedes any other law
  705  or laws that are inconsistent with the provisions of this part,
  706  including, but not limited to, s. 215.821.
  707         Section 16. Part XI of chapter 348, Florida Statutes,
  708  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
  709  348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
  710  348.9960, and 348.9961, is created to read:
  711         348.9950Short title.—This part may be cited as the
  712  “Osceola County Expressway Authority Law.”
  713         348.9951Definitions.—Terms used in this part, except where
  714  the context clearly indicates otherwise, shall have the same
  715  meanings as those defined in the Florida Expressway Authority
  716  Act.
  717         348.9952Osceola County Expressway Authority.—
  718         (1) There is created a body politic and corporate, an
  719  agency of the state, to be known as the Osceola County
  720  Expressway Authority.
  721         (2)(a) The governing body of the authority shall consist of
  722  six members. Five members must be residents of Osceola County,
  723  three of whom shall be appointed by the governing body of the
  724  county and two of whom shall be appointed by the Governor. The
  725  sixth member shall be the district secretary of the department
  726  serving in the district that includes Osceola County, who shall
  727  serve as an ex officio, nonvoting member. The term of each
  728  appointed member shall be for 4 years, except that the first
  729  term of the initial members appointed by the Governor shall be 2
  730  years each. Each appointed member shall hold office until his or
  731  her successor has been appointed and has qualified. A vacancy
  732  occurring during a term shall be filled only for the balance of
  733  the unexpired term. Each appointed member of the authority shall
  734  be a person of outstanding reputation for integrity,
  735  responsibility, and business ability, but a person who is an
  736  officer or employee of any municipality or of Osceola County in
  737  any other capacity may not be an appointed member of the
  738  authority. A member of the authority is eligible for
  739  reappointment.
  740         (b) Members of the authority may be removed from office by
  741  the Governor for misconduct, malfeasance, or nonfeasance in
  742  office.
  743         (3)(a) The authority shall elect one of its members as
  744  chair. The authority shall also elect a secretary and a
  745  treasurer, who may be members of the authority. The chair,
  746  secretary, and treasurer shall hold such offices at the will of
  747  the authority.
  748         (b) Three members of the authority constitute a quorum, and
  749  the vote of three members is necessary for any action taken by
  750  the authority. A vacancy in the authority does not impair the
  751  right of a quorum of the authority to exercise all of the rights
  752  and perform all of the duties of the authority.
  753         (4)(a) The authority may employ an executive secretary, an
  754  executive director, its own counsel and legal staff, technical
  755  experts, engineers, and other employees, permanent or temporary,
  756  as it may require, and may determine the qualifications and fix
  757  the compensation of such persons, firms, or corporations.
  758  Additionally, the authority may employ a fiscal agent or agents.
  759  However, the authority shall solicit sealed proposals from at
  760  least three persons, firms, or corporations for the performance
  761  of any services as fiscal agents. The authority may delegate to
  762  one or more of its agents or employees such of its power as it
  763  deems necessary to carry out the purposes of this part, subject
  764  always to the supervision and control of the authority.
  765         (b) Members of the authority are entitled to receive from
  766  the authority their travel and other necessary expenses incurred
  767  in connection with the business of the authority as provided in
  768  s. 112.061, but members shall not draw salaries or other
  769  compensation.
  770         (c) The department is not required to grant funds for
  771  startup costs to the authority. However, the governing body of
  772  the county may provide funds for such startup costs.
  773         (d) The authority shall cooperate with and participate in
  774  any efforts to establish a regional expressway authority.
  775         348.9953Purposes and powers.—The purposes and powers of
  776  the authority shall be the same as those identified in the
  777  Florida Expressway Authority Act. In implementing this act, the
  778  authority shall institute procedures to encourage the awarding
  779  of contracts for professional services and construction to
  780  certified minority business enterprises as defined in s.
  781  288.703. The authority shall develop and implement activities to
  782  encourage the participation of certified minority business
  783  enterprises in the contracting process.
  784         348.9954Bonds.—Bonds may be issued on behalf of the
  785  authority as provided by the State Bond Act and subject to the
  786  provisions of the Florida Expressway Authority Act.
  787         348.9955Lease-purchase agreement.—The authority may enter
  788  into lease-purchase agreements with the department as provided
  789  in the Florida Expressway Authority Act.
  790         348.9956Department may be appointed agent of authority for
  791  construction.—The authority may appoint the department as its
  792  agent as provided in the Florida Expressway Authority Act.
  793         348.9957Acquisition of lands and property.—The authority
  794  may acquire such rights, title, or interest in private or public
  795  property and such property rights, including easements, rights
  796  of access, air, view, and light by gift, devise, purchase, or
  797  condemnation by eminent domain proceedings as the authority may
  798  deem necessary for the purposes of this part and subject to the
  799  provisions of the Florida Expressway Authority Act.
  800         348.9958Cooperation with other units, boards, agencies,
  801  and individuals.—Any county, municipality, drainage district,
  802  road and bridge district, school district, or other political
  803  subdivision, board, commission, or individual in or of the state
  804  may make and enter into any contract, lease, conveyance,
  805  partnership, or other agreement with the authority within the
  806  provisions and for purposes of this part. The authority may make
  807  and enter into any contract, lease, conveyance, partnership, or
  808  other agreement with any political subdivision, agency, or
  809  instrumentality of the state or any federal agency, corporation,
  810  or individual for the purpose of carrying out the provisions of
  811  this part.
  812         348.9959 Legislative intent; covenant of the state.—It is
  813  the intent of the Legislature that the state pledge to and agree
  814  with any person, firm, corporation, or federal or state agency
  815  subscribing to or acquiring the bonds to be issued by the
  816  authority for the purposes of this part that the state will not
  817  limit or alter the rights hereby vested in the authority and the
  818  department until all bonds at any time issued together with the
  819  interest thereon are fully paid and discharged insofar as the
  820  same affects the rights of the holders of bonds issued
  821  hereunder. It is also the intent of the Legislature that the
  822  state further pledge to and agree with the United States that in
  823  the event any federal agency shall construct or contribute any
  824  funds for the completion, extension, or improvement of the
  825  Osceola County Expressway System, or any part or portion
  826  thereof, the state will not alter or limit the rights and powers
  827  of the authority and the department in any manner that would be
  828  inconsistent with the continued maintenance and operation of the
  829  Osceola County Expressway System, or the completion, extension,
  830  or improvement thereof, or that would be inconsistent with the
  831  due performance of any agreements between the authority and any
  832  such federal agency. The authority and the department shall
  833  continue to have and may exercise all powers herein granted so
  834  long as the same shall be necessary or desirable for the
  835  carrying out of the purposes of this part and the purposes of
  836  the United States in the completion, extension, or improvement
  837  of the Osceola County Expressway System or any part or portion
  838  thereof.
  839         348.9960 Exemption from taxation.—As provided under and
  840  limited by the Florida Expressway Authority Act, the Osceola
  841  County Expressway authority is not required to pay taxes or
  842  assessments of any kind or nature whatsoever upon any property
  843  acquired by it or used by it for such purpose or upon revenues
  844  at any time received by it.
  845         348.9961 Automatic dissolution.—If, before January 1, 2020,
  846  the authority has not encumbered any funds to further its
  847  purposes and powers as authorized in s. 348.9953 to establish
  848  the system, or upon the inclusion of the geographic area served
  849  by the authority within any multicounty regional transportation
  850  authority statutorily created after July 1, 2010, the Osceola
  851  County Expressway Authority is dissolved.
  852         Section 17. Sections 479.01, 479.015, 479.02, 479.03,
  853  479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
  854  479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
  855  479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
  856  are designated as part I of chapter 479, Florida Statutes.
  857         Section 18. Subsection (3) of section 479.01, Florida
  858  Statutes, is amended, and subsections (28), (29), (30), and (31)
  859  are added to that section, to read:
  860         479.01 Definitions.—As used in this chapter, the term:
  861         (3) “Commercial or industrial zone” means a parcel of land
  862  designated for commercial or industrial use under both the
  863  future land use map of the comprehensive plan and the land use
  864  development regulations adopted pursuant to chapter 163. If a
  865  parcel is located in an area designated for multiple uses on the
  866  future land use map of a comprehensive plan and the zoning
  867  category of the land development regulations does do not
  868  specifically clearly designate that parcel for commercial or
  869  industrial uses a specific use, the area will be considered an
  870  unzoned commercial or industrial area if it meets the criteria
  871  of subsection (23).
  872         (28) “Allowable uses” means those uses that are authorized
  873  within a zoning category without the requirement to obtain a
  874  variance or waiver. The term includes conditional uses and those
  875  allowed by special exception, but does not include uses that are
  876  accessory, incidental to the allowable uses, or allowed only on
  877  a temporary basis.
  878         (29) “Commercial use” means activities associated with the
  879  sale, rental, or distribution of products or the performance of
  880  services. The term includes, but is not limited to, such uses or
  881  activities as retail sales, wholesale sales, rentals of
  882  equipment, goods, or products, offices, restaurants, food
  883  service vendors, sports arenas, theaters, and tourist
  884  attractions.
  885         (30) “Industrial use” means activities associated with the
  886  manufacture, assembly, processing, or storage of products, or
  887  the performance of services relating thereto. The term includes,
  888  but is not limited to, such uses or activities as automobile
  889  manufacturing or repair, boat manufacturing or repair, junk
  890  yards, meat packing facilities, citrus processing and packing
  891  facilities, produce processing and packing facilities,
  892  electrical generating plants, water treatment plants, sewage
  893  treatment plants, and solid waste disposal sites.
  894         (31) “Zoning category” means the designation under the Land
  895  Development Regulations or other similar ordinance enacted to
  896  regulate the use of land, as provided in s. 163.3202(2)(b),
  897  which sets forth the allowable uses, restrictions, and
  898  limitations on use applicable to properties within the category.
  899         Section 19. Sections 479.261, 479.262, 479.27, 479.28, and
  900  479.30, Florida Statutes, are designated as part II of chapter
  901  479, Florida Statutes.
  902         Section 20. Part III of chapter 479, Florida Statutes,
  903  consisting of sections 479.310, 479.311, 479.312, 479.313, and
  904  479.314, is created to read:
  905         479.310Legislative intent.—It is the intent of the
  906  Legislature that this part relieve the Department of
  907  Transportation from the financial burden incurred in the removal
  908  of unpermitted and illegal signs located within the controlled
  909  areas adjacent to the state highway system, interstate, or
  910  federal-aid primary system; to place the financial
  911  responsibility for the cost of such removal directly upon those
  912  benefiting from the location and operation of such unpermitted
  913  and illegal signs; and to provide clear authority to the
  914  department for the recovery of costs incurred by the department
  915  in the removal of such unpermitted and illegal signs.
  916         479.311Jurisdiction; venue.—The county court shall have
  917  jurisdiction concurrent with the circuit court to consider
  918  claims filed by the department in amounts that are within their
  919  jurisdictional limitations. Venue shall be in Leon County for
  920  the purpose of a claim filed by the department to recover its
  921  costs as provided in this section.
  922         479.312Unpermitted signs; cost of removal.—All costs
  923  incurred by the department in connection with the removal of a
  924  sign located within a controlled area adjacent to the interstate
  925  highway system, the federal-aid primary highway system, or the
  926  state highway system shall be assessed against and collected
  927  from the following persons if they have not been issued a permit
  928  under part I of this chapter:
  929         (1)The owner of the sign;
  930         (2)The advertiser displayed on the sign; or
  931         (3)The owner of the property upon which the sign is
  932  located.
  933  
  934  For the purpose of this subsection, a sign that does not display
  935  the name of the owner of the sign shall be presumed to be owned
  936  by the owner of the property upon which the sign is located.
  937         479.313Permit revocation; cost of removal.—All costs
  938  incurred by the department in connection with the removal of a
  939  sign located within a controlled area adjacent to the interstate
  940  highway system, the federal-aid primary highway system, or the
  941  state highway system following the revocation of the permit for
  942  such sign shall be assessed against and collected from the
  943  permittee.
  944         479.314Highway rights-of-way; cost of sign removal.—All
  945  costs incurred by the department in connection with the removal
  946  of a sign located within a right-of-way of the interstate
  947  highway system, the federal-aid primary highway system, or the
  948  state highway system shall be assessed against and collected
  949  from the owner of the sign or the advertiser displayed on the
  950  sign.
  951         Section 21. Section 705.18, Florida Statutes, is amended to
  952  read:
  953         705.18 Disposal of personal property lost or abandoned on
  954  university or community college campuses or certain public-use
  955  airports; disposition of proceeds from sale thereof.—
  956         (1) Whenever any lost or abandoned personal property is
  957  shall be found on a campus of an institution in the State
  958  University System or a campus of a state-supported community
  959  college, or on premises owned or controlled by the operator of a
  960  public-use airport having regularly scheduled international
  961  passenger service, the president of the institution or the
  962  president’s designee or the director of the airport or the
  963  director’s designee shall take charge thereof and make a record
  964  of the date such property was found. If, within 30 days after
  965  such property is found, or a longer period of time as may be
  966  deemed appropriate by the president or the director under the
  967  circumstances, the property it is not claimed by the owner, the
  968  president or director shall order it sold at public outcry after
  969  giving notice of the time and place of sale in a publication of
  970  general circulation on the campus of such institution or within
  971  the county where the airport is located and written notice to
  972  the owner if known. The rightful owner of such property may
  973  reclaim the same at any time prior to sale.
  974         (2) All moneys realized from such institution’s sale shall
  975  be placed in an appropriate fund and used solely for student
  976  scholarship and loan purposes. All moneys realized from such
  977  sale by an airport, less its costs of storage, transportation,
  978  and publication of notice, shall, unless another use is required
  979  by federal law, be deposited into the state school fund.
  980         Section 22. Section 705.182, Florida Statutes, is created
  981  to read:
  982         705.182Disposal of personal property found on the premises
  983  of public-use airports.—
  984         (1)Whenever any personal property, other than aircraft or
  985  motor vehicles, is found on premises owned or controlled by the
  986  operator of a public-use airport, the director of the airport or
  987  the director’s designee shall take charge thereof and make a
  988  record of the date such property was found.
  989         (2)If within 30 calendar days after such property is
  990  found, or for such longer period of time as may be deemed
  991  appropriate by the director or the director’s designee, under
  992  the circumstances, the property is not claimed by the owner, the
  993  director or the director’s designee may:
  994         (a)Retain any or all of the property for the airport’s own
  995  use or for use by the state or unit of local government owning
  996  or operating the airport;
  997         (b)Trade such property to another unit of local government
  998  or state agency;
  999         (c)Donate the property to a charitable organization;
 1000         (d)Sell the property; or
 1001         (e)Dispose of the property through an appropriate refuse
 1002  removal company or a company that provides salvage services for
 1003  the type of personal property found or located on the airport.
 1004  
 1005  The airport shall notify the owner, if known, of property found
 1006  on the airport and that the airport intends to dispose of the
 1007  property in any of the manners permitted in this section.
 1008         (3)If the airport elects to sell the property pursuant to
 1009  paragraph (2)(d), the property must be sold at a public auction
 1010  on the Internet or at a specified physical location after giving
 1011  notice of the time and place of sale, at least 10 calendar days
 1012  before the date of sale, in a publication of general circulation
 1013  within the county where the airport is located and after written
 1014  notice via certified mail, return receipt requested, is provided
 1015  to the owner, if known. Any such notice is deemed sufficient if
 1016  the notice refers to the airport’s intention to sell all then
 1017  accumulated found property, and the notice need not identify
 1018  each item to be sold. The rightful owner of such property may
 1019  reclaim the property at any time before sale by presenting to
 1020  the airport director or the director’s designee acceptable
 1021  evidence of ownership. All proceeds from the sale of the
 1022  property shall be retained by the airport for use by the airport
 1023  in any lawfully authorized manner.
 1024         (4)This section does not preclude the airport from
 1025  allowing a domestic or international air carrier or other tenant
 1026  on premises owned or controlled by the operator of a public-use
 1027  airport from establishing its own lost and found procedures for
 1028  personal property and from disposing of such personal property.
 1029         (5)A purchaser or recipient in good faith of personal
 1030  property sold or obtained under this section takes the property
 1031  free of the rights of persons then holding any legal or
 1032  equitable interest thereto, regardless of whether such interest
 1033  is recorded.
 1034         Section 23. Section 705.183, Florida Statutes, is created
 1035  to read:
 1036         705.183Disposal of derelict or abandoned aircraft on the
 1037  premises of public-use airports.—
 1038         (1)Whenever any derelict or abandoned aircraft is found or
 1039  located on premises owned or controlled by the operator of a
 1040  public-use airport, whether such premises are under a lease or
 1041  license to third parties, the director of the airport or the
 1042  director’s designee shall make a record of the date such
 1043  aircraft was found or determined to be present on the airport.
 1044  The term “derelict aircraft” means any aircraft that is not in a
 1045  flyable condition, does not have a current certificate of air
 1046  worthiness issued by the Federal Aviation Administration, or is
 1047  not in the process of actively being repaired. The term
 1048  “abandoned aircraft” means an aircraft that has been disposed of
 1049  on a public-use airport in a wrecked, inoperative, or partially
 1050  dismantled condition, or an aircraft that has remained in an
 1051  idle state on the premises owned or controlled by the operator
 1052  of a public-use airport for 45 consecutive calendar days.
 1053         (2)The director or the director’s designee shall contact
 1054  the Aircraft Registration Branch of the Federal Aviation
 1055  Administration in order to determine the name and address of the
 1056  last registered aircraft owner and make a diligent personal
 1057  search of the appropriate records, or contact an aircraft title
 1058  search company, in order to determine the name and address of
 1059  any person having an equitable or legal interest in the
 1060  aircraft. Within 10 business days after receipt of this
 1061  information, the director or the director’s designee shall
 1062  notify the owner and all persons having an equitable or legal
 1063  interest in the aircraft by certified mail, return receipt
 1064  requested, advising them of the location of the derelict or
 1065  abandoned aircraft on the airport; that fees and charges for the
 1066  use of the airport by the aircraft have accrued and the amount
 1067  thereof; that the aircraft is subject to a lien as provided in
 1068  subsection (5) for the accrued fees and charges for the use of
 1069  the airport and for the transportation, storage, and removal of
 1070  the aircraft; that the lien is subject to enforcement pursuant
 1071  to law; and that the airport may cause the use, trade, sale, or
 1072  removal of the aircraft as described in s. 705.182(2)(a), (b),
 1073  (d), and (e) if, within 30 calendar days after the date of
 1074  receipt of such notice, the aircraft has not been removed from
 1075  the airport upon payment in full of all accrued fees and charges
 1076  for the use of the airport and for the transportation, storage,
 1077  and removal of the aircraft. Such notice may require removal of
 1078  the aircraft in less than 30 calendar days if the aircraft poses
 1079  a danger to the health or safety of users of the airport, as
 1080  determined by the director or the director’s designee.
 1081         (3)If the owner of the aircraft is unknown or cannot be
 1082  found, the director or the director’s designee shall cause a
 1083  laminated notice to be placed upon such aircraft in
 1084  substantially the following form:
 1085  
 1086         NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
 1087         ATTACHED PROPERTY. This property, to wit: ...(setting
 1088         forth brief description)... is unlawfully upon public
 1089         property known as ...(setting forth brief description
 1090         of location)... and has accrued fees and charges for
 1091         the use of the ...(same description of location as
 1092         above)... and for the transportation, storage, and
 1093         removal of the property. These accrued fees and
 1094         charges must be paid in full and the property must be
 1095         removed within 30 calendar days following the date of
 1096         this notice; otherwise, the property will be removed
 1097         and disposed of pursuant to chapter 705, Florida
 1098         Statutes. The property is subject to a lien for all
 1099         accrued fees and charges for the use of the public
 1100         property known as ...(same description of location as
 1101         above)... by such property and for all fees and
 1102         charges incurred by the public property known as
 1103         ...(same description of location as above)... for the
 1104         transportation, storage, and removal of the property.
 1105         This lien is subject to enforcement pursuant to law.
 1106         The owner will be liable for these fees and charges,
 1107         as well as the cost for publication of this notice.
 1108         Dated this: ...(setting forth the date of posting of
 1109         notice)...., signed: ...(setting forth name, title,
 1110         address, and telephone number of law enforcement
 1111         officer)....
 1112  
 1113  Such notice must be at least 8 inches by 10 inches and
 1114  sufficiently weatherproof to withstand normal exposure to the
 1115  elements. If, at the end of 30 calendar days after posting the
 1116  notice, the owner or any person interested in the derelict or
 1117  abandoned aircraft described has not removed the aircraft from
 1118  the airport upon payment in full of all accrued fees and charges
 1119  for the use of the airport and for the transportation, storage,
 1120  and removal of the aircraft, or shown reasonable cause for
 1121  failure to do so, the director or the director’s designee may
 1122  cause the use, trade, sale, or removal of the aircraft as
 1123  described in s. 705.182(2)(a), (b), (d), and (e).
 1124         (4)Such aircraft shall be removed within the time period
 1125  specified in the notice provided under subsection (2) or (3).
 1126  If, at the end of such period, the owner or any person
 1127  interested in the derelict or abandoned aircraft has not removed
 1128  the aircraft from the airport upon payment in full of all
 1129  accrued fees and charges for the use of the airport and for the
 1130  transportation, storage, and removal of the aircraft, or shown
 1131  reasonable cause for the failure to do so, the director or the
 1132  director’s designee may cause the use, trade, sale, or removal
 1133  of the aircraft as described in s. 705.182(2)(a), (b), (d), and
 1134  (e).
 1135         (a)If the airport elects to sell the aircraft in
 1136  accordance with s. 705.182(2)(d), the aircraft must be sold at
 1137  public auction after giving notice of the time and place of sale
 1138  at least 10 calendar days before the date of sale in a
 1139  publication of general circulation within the county where the
 1140  airport is located and after providing written notice of the
 1141  intended sale to all parties known to have an interest in the
 1142  aircraft.
 1143         (b)If the airport elects to dispose of the aircraft in
 1144  accordance with s. 705.182(2)(e), the airport may negotiate with
 1145  the company for a price to be received from such company in
 1146  payment for the aircraft, or, if circumstances warrant, a price
 1147  to be paid to such company by the airport for the costs of
 1148  disposing of the aircraft. All information pertaining to the
 1149  establishment of such price and the justification for the amount
 1150  of such price shall be prepared and maintained by the airport,
 1151  and such negotiated price shall be deemed to be a commercially
 1152  reasonable price.
 1153         (c)If the sale price or the negotiated price is less than
 1154  the airport’s then-current charges and costs against the
 1155  aircraft, or if the airport is required to pay the salvage
 1156  company for its services, the owner of the aircraft remains
 1157  liable to the airport for the airport’s costs that are not
 1158  offset by the sale price or negotiated price, in addition to the
 1159  owner’s liability for payment to the airport of the price the
 1160  airport was required to pay any salvage company. All costs
 1161  incurred by the airport in the removal, storage, and sale of any
 1162  aircraft are recoverable against the owner thereof.
 1163         (5)The airport has a lien on derelict or abandoned
 1164  aircraft for all fees and charges for the use of the airport by
 1165  such aircraft and for all fees and charges incurred by the
 1166  airport for the transportation, storage, and removal of the
 1167  aircraft. As a prerequisite to perfecting a lien under this
 1168  section, the airport director or the director’s designee must
 1169  serve a notice in accordance with subsection (2) on the last
 1170  registered owner and all persons having an equitable or legal
 1171  interest in the aircraft. The serving of the notice does not
 1172  dispense with recording the claim of lien.
 1173         (6)(a)For the purpose of perfecting its lien under this
 1174  section, the airport shall record a claim of lien which must
 1175  state:
 1176         1.The name and address of the airport.
 1177         2.The name of the last registered aircraft owner and all
 1178  persons having a legal or equitable interest in the aircraft.
 1179         3.The fees and charges incurred by the aircraft for the
 1180  use of the airport, and the fees and charges for the
 1181  transportation, storage, and removal of the aircraft.
 1182         4.A description of the aircraft sufficient for
 1183  identification.
 1184         (b)The claim of lien shall be signed and sworn to or
 1185  affirmed by the airport director or the director’s designee.
 1186         (c)The claim of lien shall be sufficient if it is in
 1187  substantially the following form:
 1188  
 1189         CLAIM OF LIEN
 1190         State of ....
 1191         County of ....
 1192         Before me, the undersigned notary public, personally
 1193  appeared ........, who was duly sworn and says that he/she is
 1194  the .... of ........, whose address is ........; and that the
 1195  following described aircraft:
 1196         (Description of aircraft)
 1197         owned by ................, whose address is ........, has
 1198  accrued $.... in fees and charges for the use by the aircraft of
 1199  ........ and for the transportation, storage, and removal of the
 1200  aircraft from ........; that the lienor served its notice to the
 1201  last registered owner and all persons having a legal or
 1202  equitable interest in the aircraft on ...., ...(year)..., by
 1203  .........
 1204         ...(Signature)...
 1205         Sworn to (or affirmed) and subscribed before me this ....
 1206  day of ....,...(year)..., by ...(name of person making
 1207  statement)....
 1208         ...(Signature of Notary Public)......(Print, Type, or Stamp
 1209  Commissioned name of Notary Public)...
 1210         ...Personally Known or Produced as Identification....
 1211  
 1212  However, the negligent inclusion or omission of any information
 1213  in this claim of lien which does not prejudice the last
 1214  registered owner does not constitute a default that operates to
 1215  defeat an otherwise valid lien.
 1216         (d)The claim of lien shall be served on the last
 1217  registered aircraft owner and all persons having an equitable or
 1218  legal interest in the aircraft. The claim of lien shall be
 1219  served before recordation.
 1220         (e)The claim of lien shall be recorded in the clerk’s
 1221  office. The recording of the claim of lien constitutes
 1222  constructive notice to all persons of the contents and effect of
 1223  such claim. The lien attaches at the time of recordation and
 1224  takes priority as of that time.
 1225         (7)A purchaser or recipient in good faith of an aircraft
 1226  sold or obtained under this section takes the property free of
 1227  the rights of persons then holding any legal or equitable
 1228  interest thereto, whether recorded or not. The purchaser or
 1229  recipient shall notify the appropriate Federal Aviation
 1230  Administration office of such change in the registered owner of
 1231  the aircraft.
 1232         (8)If the aircraft is sold at public sale, the airport
 1233  shall deduct from the proceeds of sale the costs of
 1234  transportation, storage, and publication of notice and all other
 1235  costs reasonably incurred by the airport, and any balance of the
 1236  proceeds shall be deposited into an interest-bearing account
 1237  within 30 calendar days after the airport’s receipt of the
 1238  proceeds and held there for 1 year. The rightful owner of the
 1239  aircraft may claim the balance of the proceeds within 1 year
 1240  after the date of the deposit by making application to the
 1241  airport and presentation to the airport’s director or the
 1242  director’s designee of acceptable written evidence of ownership.
 1243  If no rightful owner comes forward with a claim to the proceeds
 1244  within the 1-year period, the balance of the proceeds shall be
 1245  retained by the airport to be used in any legally authorized
 1246  manner.
 1247         (9)Any person acquiring a legal interest in an aircraft
 1248  that is sold by an airport under the provisions of s. 705.182 or
 1249  this section is the lawful owner of such aircraft and all other
 1250  legal or equitable interests in such aircraft are divested and
 1251  of no further force and effect if the holder of any such legal
 1252  or equitable interest was notified of the intended disposal of
 1253  the aircraft to the extent required in this section. The airport
 1254  may issue documents of disposition to the purchaser or recipient
 1255  of an aircraft disposed of under this section.
 1256         Section 24. Section 705.184, Florida Statutes, is created
 1257  to read:
 1258         705.184Derelict or abandoned motor vehicles on the
 1259  premises of public-use airports.—
 1260         (1)Whenever any derelict or abandoned motor vehicle is
 1261  found on premises owned or controlled by the operator of a
 1262  public-use airport, including airport premises leased to third
 1263  parties, the director of the airport or the director’s designee
 1264  may take charge thereof and make a record of the date such motor
 1265  vehicle was found. The term “derelict motor vehicle” means any
 1266  motor vehicle that is not in a drivable condition. The term
 1267  “abandoned motor vehicle” means a motor vehicle that has been
 1268  disposed of on a public-use airport in a wrecked, inoperative,
 1269  or partially dismantled condition, or a motor vehicle that has
 1270  remained in an idle state on a public-use airport for 45
 1271  consecutive calendar days. After the information relating to the
 1272  derelict or abandoned motor vehicle is recorded in the airport’s
 1273  records, the director or the director’s designee may cause the
 1274  motor vehicle to be removed from airport premises by the
 1275  airport’s own wrecker or by a licensed independent wrecking
 1276  company and stored at a suitable location on or off the airport
 1277  premises. If the director or the director’s designee causes the
 1278  motor vehicle to be removed from airport premises by the
 1279  airport’s own wrecker, the airport is subject to the procedures
 1280  set forth in subsections (2)–(8). If the director or the
 1281  director’s designee causes the motor vehicle to be removed from
 1282  the airport premises by a licensed independent wrecking company,
 1283  the airport is not subject to the procedures set forth in
 1284  subsections (2)–(8).
 1285         (2)The airport director or the director’s designee shall
 1286  contact the Department of Highway Safety and Motor Vehicles in
 1287  order to notify the department that the airport has possession
 1288  of the subject motor vehicle and in order to determine the name
 1289  and address of the owner of the motor vehicle, the insurance
 1290  company insuring the motor vehicle notwithstanding the
 1291  provisions of s. 627.736, and any person who has filed a lien on
 1292  the motor vehicle. Within 7 business days after receipt of this
 1293  information, the director or the director’s designee shall send
 1294  notice by certified mail, return receipt requested, to the owner
 1295  of the motor vehicle, the insurance company insuring the motor
 1296  vehicle notwithstanding the provisions of s. 627.736, and all
 1297  persons of record claiming a lien against the motor vehicle. The
 1298  notice must state the fact of possession of the motor vehicle;
 1299  that charges for a reasonable tow fee, a reasonable storage fee,
 1300  or accrued parking fees, if any, have accrued and the amount
 1301  thereof; that a lien as provided in subsection (6) will be
 1302  claimed; that the lien is subject to enforcement pursuant to
 1303  law; that the owner or lienholder, if any, has the right to a
 1304  hearing as set forth in subsection (4); and that any motor
 1305  vehicle which, at the end of 30 calendar days after receipt of
 1306  the notice, has not been removed from the airport upon payment
 1307  in full of all accrued charges for a reasonable tow fee, a
 1308  reasonable storage fee, and parking fees, if any, may be
 1309  disposed of in any of the manners set forth in s. 705.182(2)(a),
 1310  (b), (d), and (e), including, but not limited to, the motor
 1311  vehicle being sold free of all prior liens after 35 calendar
 1312  days after the date on which the motor vehicle is stored if any
 1313  prior liens on the motor vehicle are more than 5 years of age,
 1314  or after 50 calendar days after the date on which the motor
 1315  vehicle is stored if any prior liens on the motor vehicle are 5
 1316  years of age or less.
 1317         (3)If attempts to notify the owner or lienholder pursuant
 1318  to subsection (2) prove unsuccessful, the requirement of notice
 1319  by mail is deemed met and the director or the director’s
 1320  designee, in accordance with the requirements of subsection (5),
 1321  may cause the motor vehicle to be disposed of in any of the
 1322  manners set forth in s. 705.182(2)(a), (b), (d), and (e),
 1323  including, but not limited to, the motor vehicle being sold free
 1324  of all prior liens after 35 calendar days after the date on
 1325  which the motor vehicle is stored if any prior liens on the
 1326  motor vehicle are more than 5 years of age, or after 50 calendar
 1327  days after the date on which the motor vehicle is stored if any
 1328  prior liens on the motor vehicle are 5 years of age or less.
 1329         (4)(a)The owner of, or any person with a lien on, a motor
 1330  vehicle removed pursuant to subsection (1) within 10 calendar
 1331  days after he or she obtains knowledge of the location of the
 1332  motor vehicle, may file a complaint in the county court of the
 1333  county in which the motor vehicle is stored to determine if his
 1334  or her property was wrongfully taken or withheld.
 1335         (b)Upon filing a complaint, an owner or lienholder may
 1336  have his or her motor vehicle released upon posting with the
 1337  court a cash or surety bond or other adequate security equal to
 1338  the amount of the fees for towing, storage, and accrued parking,
 1339  if any, to ensure the payment of such fees in the event he or
 1340  she does not prevail. Upon the posting of the bond or other
 1341  adequate security and the payment of any applicable fee, the
 1342  clerk of the court shall issue a certificate notifying the
 1343  airport of the posting of the bond or other adequate security
 1344  and directing the airport to release the motor vehicle. At the
 1345  time of such release, after reasonable inspection, the owner or
 1346  lienholder shall give a receipt to the airport reciting any
 1347  claims he or she has for loss or damage to the motor vehicle or
 1348  the contents thereof.
 1349         (5)If, after 30 calendar days after receipt of the notice,
 1350  the owner or any person claiming a lien has not removed the
 1351  motor vehicle from its storage location upon payment in full of
 1352  all accrued charges for a reasonable tow fee, a reasonable
 1353  storage fee, and parking fees, if any, or shown reasonable cause
 1354  for the failure to do so, the airport director or the director’s
 1355  designee may dispose of the motor vehicle by any of the manners
 1356  set forth in s. 705.182(2)(a), (b), (d), and (e). If the airport
 1357  elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
 1358  the motor vehicle may be sold free of all prior liens after 35
 1359  calendar days after the date on which the motor vehicle is
 1360  stored if any prior liens on the motor vehicle are more than 5
 1361  years of age, or after 50 calendar days after the date on which
 1362  the motor vehicle is stored if any prior liens on the motor
 1363  vehicle are 5 years of age or less. The sale shall be a public
 1364  auction on the Internet or at a specified physical location. If
 1365  the date of the sale was not included in the notice required in
 1366  subsection (2), notice of the sale sent by certified mail,
 1367  return receipt requested, shall be given to the owner of the
 1368  motor vehicle and to all persons claiming a lien on the motor
 1369  vehicle. Such notice shall be mailed at least 10 calendar days
 1370  before the date of the sale. In addition to the notice by mail,
 1371  public notice of the time and place of the sale at auction shall
 1372  be made by publishing a notice thereof one time, at least 10
 1373  calendar days before the date of sale, in a newspaper of general
 1374  circulation in the county in which the sale is to be held. All
 1375  costs incurred by the airport for the towing, storage, and sale
 1376  of the motor vehicle, as well as all accrued parking fees, if
 1377  any, shall be recovered by the airport from the proceeds of the
 1378  sale, and any proceeds of the sale in excess of these costs
 1379  shall be retained by the airport for use by the airport in any
 1380  lawfully authorized manner.
 1381         (6)Pursuant to this section, the airport or, if used, a
 1382  licensed independent wrecking company pursuant to s. 713.78, has
 1383  a lien on a derelict or abandoned motor vehicle for a reasonable
 1384  tow fee, a reasonable storage fee, and all accrued parking fees,
 1385  if any; except that a storage fee may not be charged if the
 1386  vehicle is stored less than 6 hours. As a prerequisite to
 1387  perfecting a lien under this section, the airport director or
 1388  the director’s designee must serve a notice in accordance with
 1389  subsection (2) on the owner of the motor vehicle, the insurance
 1390  company insuring the motor vehicle notwithstanding the
 1391  provisions of s. 627.736, and all persons of record claiming a
 1392  lien against the motor vehicle. If attempts to notify the owner,
 1393  the insurance company insuring the motor vehicle notwithstanding
 1394  the provisions of s. 627.736, or lienholders prove unsuccessful,
 1395  the requirement of notice by mail will be considered met. The
 1396  serving of the notice does not dispense with recording the claim
 1397  of lien.
 1398         (7)(a)For the purpose of perfecting its lien under this
 1399  section, the airport shall record a claim of lien, which must
 1400  state:
 1401         1.The name and address of the airport.
 1402         2.The name of the owner of the motor vehicle, the
 1403  insurance company insuring the motor vehicle notwithstanding the
 1404  provisions of s. 627.736, and all persons of record claiming a
 1405  lien against the motor vehicle.
 1406         3.The fees incurred for a reasonable tow, reasonable
 1407  storage, and parking, if any.
 1408         4.A description of the motor vehicle sufficient for
 1409  identification.
 1410         (b)The claim of lien shall be signed and sworn to or
 1411  affirmed by the airport director or the director’s designee.
 1412         (c)The claim of lien is sufficient if it is in
 1413  substantially the following form:
 1414  
 1415         CLAIM OF LIEN
 1416         State of ....
 1417         County of ....
 1418         Before me, the undersigned notary public, personally
 1419  appeared ........, who was duly sworn and says that he/she is
 1420  the ........ of ........, whose address is ........; and that
 1421  the following described motor vehicle:
 1422         ...(Description of motor vehicle)...
 1423         owned by ........, whose address is ........, has accrued
 1424  $.... in fees for a reasonable tow, for storage, and for
 1425  parking, if applicable; that the lienor served its notice to the
 1426  owner, the insurance company insuring the motor vehicle
 1427  notwithstanding the provisions of s. 627.736, and all persons of
 1428  record claiming a lien against the motor vehicle on ....,
 1429  ...(year)..., by .........
 1430         ...(Signature)...
 1431         Sworn to (or affirmed) and subscribed before me this ....
 1432  day of ...., ...(year)..., by ...(name of person making
 1433  statement)....
 1434         ...(Signature of Notary Public)...(...Print, Type, or Stamp
 1435  Commissioned name of Notary Public)...
 1436         ...Personally Known or Produced as Identification....
 1437  
 1438  However, the negligent inclusion or omission of any information
 1439  in this claim of lien which does not prejudice the owner does
 1440  not constitute a default that operates to defeat an otherwise
 1441  valid lien.
 1442         (d)The claim of lien shall be served on the owner of the
 1443  motor vehicle, the insurance company insuring the motor vehicle
 1444  notwithstanding the provisions of s. 627.736, and all persons of
 1445  record claiming a lien against the motor vehicle. If attempts to
 1446  notify the owner, the insurance company insuring the motor
 1447  vehicle notwithstanding the provisions of s. 627.736, or
 1448  lienholders prove unsuccessful, the requirement of notice by
 1449  mail will be deemed met. The claim of lien shall be served
 1450  before recordation.
 1451         (e)The claim of lien shall be recorded in the clerk’s
 1452  office. The recording of the claim of lien is constructive
 1453  notice to all persons of the contents and effect of such claim.
 1454  The lien attaches at the time of recordation and takes priority
 1455  as of that time.
 1456         (8)A purchaser or recipient in good faith of a motor
 1457  vehicle sold or obtained under this section takes the property
 1458  free of the rights of persons then holding any legal or
 1459  equitable interest thereto, regardless of whether such interest
 1460  is recorded.
 1461         Section 25. This act shall take effect July 1, 2010.

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