November 11, 2019
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       Florida Senate - 2010                      CS for CS for SB 2362
       
       
       
       By the Committees on Community Affairs; and Transportation; and
       Senator Gardiner
       
       
       
       578-04328-10                                          20102362c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         212.055, F.S.; including counties within a regional
    4         transportation or transit authority with those
    5         counties that are authorized to levy a discretionary
    6         sales surtax for transportation systems under certain
    7         conditions; amending s. 316.1001, F.S.; clarifying the
    8         method to be used in providing notice following the
    9         issuance of a citation for failure to pay a toll;
   10         providing that receipt of the citation rather than its
   11         mailing constitutes notification; authorizing any
   12         governmental entity, including the clerk of court, to
   13         provide specified data to the Department of Highway
   14         Safety and Motor Vehicles regarding outstanding
   15         violations for failure to pay tolls; amending s.
   16         316.545, F.S.; providing for a reduction in the gross
   17         weight of certain vehicles equipped with idle
   18         reduction technologies when calculating a penalty for
   19         exceeding maximum weight limits; requiring that an
   20         operator provide certification of the weight of the
   21         idle-reduction technology and demonstrate or certify
   22         that the idle-reduction technology is fully functional
   23         at all times; amending s. 316.545, F.S.; authorizing
   24         the Department of Transportation to issue permits for
   25         certain vehicles to operate on certain routes;
   26         providing restrictions on routes; providing conditions
   27         when vehicles must be unloaded; amending s. 318.18,
   28         F.S.; revising provisions for distribution of proceeds
   29         collected by the clerk of the court for disposition of
   30         citations for failure to pay a toll; providing
   31         alternative procedures for disposition of such
   32         citations; providing for adjudication to be withheld
   33         and no points assessed against the driver’s license
   34         unless adjudication is imposed by a court; authorizing
   35         a court to direct the department to suspend a person’s
   36         driver’s license for violations involving the failure
   37         to pay tolls; amending s. 320.03, F.S.; clarifying
   38         provisions requiring that the tax collector withhold
   39         issuance of a license plate or revalidation sticker if
   40         certain fines are outstanding; amending s. 322.27,
   41         F.S.; providing for assessment of points against a
   42         driver’s license for specified violations of
   43         requirements to pay a toll only when the points are
   44         imposed by a court; amending s. 337.14, F.S.;
   45         clarifying provisions relating to the submission of
   46         interim financial statements to the department along
   47         with applications for contractor qualification;
   48         amending s. 337.401, F.S.; providing for the placement
   49         of and access to transmission lines that are adjacent
   50         to and within the right-of-way of any public road
   51         controlled by the Department of Transportation;
   52         amending s. 338.155, F.S.; authorizing the Department
   53         of Transportation to adopt rules related to the
   54         payment, collection, and enforcement of tolls;
   55         amending ss. 341.051 and 341.3025, F.S.; requiring the
   56         use of universal common contactless fare media on new
   57         or upgraded public rail transit systems or public
   58         transit systems connecting to such rail systems;
   59         amending s. 343.64, F.S.; authorizing the Central
   60         Florida Regional Transportation Authority to borrow
   61         funds under certain circumstances; amending s. 348.51,
   62         F.S.; setting forth the limited nature of the
   63         obligations issued by the Tampa-Hillsborough County
   64         Expressway Authority; amending s. 348.545, F.S.;
   65         clarifying authorization for the authority to issue
   66         bonds to finance improvements; amending s. 348.56,
   67         F.S.; prescribing additional authorization for the
   68         authority to issue bonds by or on behalf of the
   69         authority; authorizing the public or negotiated sale
   70         of bonds by the authority; amending s. 348.565, F.S.;
   71         revising revenue bond-issuance authority with respect
   72         to specific legislatively approved projects; amending
   73         s. 348.57, F.S.; prescribing additional authorization
   74         for the authority to issue refunding bonds; amending
   75         s. 348.70, F.S.; exempting the authority from certain
   76         provisions relating to issuance of bonds by state
   77         agencies; creating part XI of ch. 348, F.S.; creating
   78         s. 348.9950, F.S.; providing a short title; creating
   79         s. 348.9951, F.S.; providing that certain terms have
   80         the same meaning as in the Florida Expressway
   81         Authority Act for certain purposes; creating s.
   82         348.9952, F.S.; creating the Osceola County Expressway
   83         Authority as an agency of the state; providing for a
   84         governing body of the authority; providing for
   85         membership, terms, organization, personnel, and
   86         administration; authorizing payment of travel and
   87         other expenses; directing the authority to cooperate
   88         with and participate in any efforts to establish a
   89         regional expressway authority; creating s. 348.9953,
   90         F.S.; providing purposes and powers of the authority;
   91         creating s. 348.9954, F.S.; authorizing the issuance
   92         of bonds to pay or secure certain obligations;
   93         creating s. 348.9955, F.S.; authorizing the authority
   94         to enter into certain agreements; creating s.
   95         348.9956, F.S.; authorizing the department to act as
   96         the authority’s appointed agent under certain
   97         circumstances; creating s. 348.9957, F.S; authorizing
   98         the authority to acquire certain lands and property;
   99         authorizing the authority to exercise eminent domain;
  100         creating s. 348.9958, F.S.; authorizing certain
  101         entities to enter into agreements with the authority;
  102         creating s. 348.9959, F.S.; providing legislative
  103         intent and a pledge of the state to bondholders;
  104         creating s. 348.9960, F.S.; exempting the authority
  105         from taxation; creating s. 348.9961, F.S.; providing
  106         for dissolution of the authority under certain
  107         circumstances; designating parts I and II of ch. 479,
  108         F.S.; amending s. 479.01, F.S.; clarifying the
  109         definition of “commercial or industrial zone”;
  110         defining the terms “allowable uses,” “commercial use,”
  111         “industrial use,” and “zoning category” for specified
  112         purposes; creating part III of ch. 479, F.S.; creating
  113         s. 479.310, F.S.; providing legislative intent;
  114         creating s. 479.311, F.S.; providing that the county
  115         court and circuit court have concurrent jurisdiction;
  116         creating ss. 479.312, 479.313, and 479.314, F.S.;
  117         requiring that all costs incurred by the department to
  118         remove signs in certain locations on the interstate
  119         highway system, the federal-aid primary highway
  120         system, or the state highway system to be assessed and
  121         collected from certain persons under certain
  122         conditions; amending s. 705.18, F.S.; deleting
  123         provisions relating to public-use airports or its
  124         directors, as well as the required disposition of
  125         moneys from sale of property abandoned at a public-use
  126         airport; creating s. 705.182, F.S.; providing an
  127         eligibility period for personal property found on
  128         public-use airports to be claimed; providing options
  129         for disposing of personal property; providing
  130         procedures for selling abandoned personal property;
  131         providing for the notice of sale; authorizing an
  132         airport tenant to establish its own lost and found
  133         procedures; providing that a purchaser of certain
  134         property holds title to such property; creating s.
  135         705.183, F.S.; creating procedures for the disposal of
  136         derelict or abandoned aircraft on the premises of a
  137         public-use airport; requiring that the director of an
  138         airport or the director’s designee keep a record of
  139         such aircraft found at an airport; defining the terms
  140         “derelict aircraft” and “abandoned aircraft”;
  141         requiring that the director of an airport or the
  142         director’s designee make a determination of the
  143         identity of an aircraft owner and persons having legal
  144         interest in the aircraft; requiring notification of
  145         the aircraft owner and all persons having an equitable
  146         or legal interest in the aircraft; requiring that
  147         certain items be included in the notice; providing an
  148         exception; providing for notice if the owner of the
  149         aircraft is unknown or cannot be found; providing the
  150         form of such notice; providing for the placement of
  151         the notice; providing procedures for failure to remove
  152         an aircraft and pay fees; requiring that any sale of
  153         aircraft be made at a public auction; providing notice
  154         requirements for such public auction; providing
  155         procedures for disposing of an aircraft; providing for
  156         liability if the sale price is less than the charges
  157         and costs related to the aircraft; providing that a
  158         lien in favor of the airport exists under certain
  159         circumstances; providing for the payment of fees and
  160         charges related to the aircraft; requiring notice of
  161         any such lien; requiring the filing of a claim of
  162         lien; providing a form of the claim of lien; providing
  163         for service of the claim of lien; providing that the
  164         purchaser of the aircraft takes the property free of
  165         rights of persons holding legal or equitable interest
  166         in the aircraft; requiring that the purchaser or
  167         recipient notify the Federal Aviation Administration
  168         of the change in ownership; providing for the
  169         deduction of costs if an aircraft is sold at a public
  170         sale; requiring that the balance be deposited into an
  171         interest-bearing account; providing a deadline for the
  172         owner to claim the funds; authorizing the airport to
  173         retain the balance under certain circumstances;
  174         authorizing an airport to issue documents relating to
  175         the aircraft disposal; creating s. 705.184, F.S.;
  176         creating procedures for the disposal of derelict or
  177         abandoned motor vehicles on public-use airports;
  178         defining the terms “derelict motor vehicle” and
  179         “abandoned motor vehicle”; authorizing the removal of
  180         such a vehicle from the airport premises; requiring
  181         that the director of an airport or the director’s
  182         designee make a determination of the identity of the
  183         owner of the motor vehicle and the insurance company
  184         insuring the motor vehicle; requiring notification of
  185         the owner, insurer, and lienholder; requiring that
  186         certain information be included in the notice;
  187         providing an exception; providing a form for the
  188         notice; providing for the placement of such notice;
  189         authorizing an airport to take certain action if the
  190         owner or lienholder fails to remove the motor vehicle
  191         and pay applicable fees; requiring that any sale of a
  192         motor vehicle be made at a public auction; providing
  193         notice requirements for such auction; providing
  194         procedures for disposing of the motor vehicle;
  195         providing for liability if the sale price is less than
  196         the charges and costs related to the motor vehicle;
  197         providing for a lien in favor of the airport for all
  198         fees and charges related to the motor vehicle under
  199         certain circumstances; providing for notice of such
  200         lien; requiring the filing of a claim of lien;
  201         providing a form for the claim of such lien;
  202         specifying requirements for service of a claim of
  203         lien; providing that a purchaser of a motor vehicle
  204         takes the property free of rights of persons holding
  205         legal or equitable interest in the motor vehicle;
  206         providing an effective date.
  207  
  208  Be It Enacted by the Legislature of the State of Florida:
  209  
  210         Section 1. Subsection (1) of section 212.055, Florida
  211  Statutes, is amended to read:
  212         212.055 Discretionary sales surtaxes; legislative intent;
  213  authorization and use of proceeds.—It is the legislative intent
  214  that any authorization for imposition of a discretionary sales
  215  surtax shall be published in the Florida Statutes as a
  216  subsection of this section, irrespective of the duration of the
  217  levy. Each enactment shall specify the types of counties
  218  authorized to levy; the rate or rates which may be imposed; the
  219  maximum length of time the surtax may be imposed, if any; the
  220  procedure which must be followed to secure voter approval, if
  221  required; the purpose for which the proceeds may be expended;
  222  and such other requirements as the Legislature may provide.
  223  Taxable transactions and administrative procedures shall be as
  224  provided in s. 212.054.
  225         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  226  SURTAX.—
  227         (a) Each charter county that has adopted a charter, and
  228  each county the government of which is consolidated with that of
  229  one or more municipalities, and each county that is within a
  230  regional transportation or transit authority created under
  231  chapter 343 or chapter 349, may levy a discretionary sales
  232  surtax, subject to approval by a majority vote of the electorate
  233  of the county or by a charter amendment approved by a majority
  234  vote of the electorate of the county.
  235         (b) The rate shall be up to 1 percent.
  236         (c) The proposal to adopt a discretionary sales surtax as
  237  provided in this subsection and to create a trust fund within
  238  the county accounts shall be placed on the ballot in accordance
  239  with law at a time to be set at the discretion of the governing
  240  body.
  241         (d) Proceeds from the surtax shall be applied to as many or
  242  as few of the uses enumerated below in whatever combination the
  243  county commission deems appropriate:
  244         1. Deposited by the county in the trust fund and shall be
  245  used for the purposes of development, construction, equipment,
  246  maintenance, operation, supportive services, including a
  247  countywide bus system, and related costs of a fixed guideway
  248  rapid transit system;
  249         2. Remitted by the governing body of the county to an
  250  expressway, transit, or transportation authority created by law
  251  to be used, at the discretion of such authority, for the
  252  development, construction, operation, or maintenance of roads or
  253  bridges in the county, for the operation and maintenance of a
  254  bus system, for the payment of principal and interest on
  255  existing bonds issued for the construction of such roads or
  256  bridges, and, upon approval by the county commission, such
  257  proceeds may be pledged for bonds issued to refinance existing
  258  bonds or new bonds issued for the construction of such roads or
  259  bridges;
  260         3. Used by the charter county for the development,
  261  construction, operation, and maintenance of roads and bridges in
  262  the county; for the expansion, operation, and maintenance of bus
  263  and fixed guideway systems; and for the payment of principal and
  264  interest on bonds issued for the construction of fixed guideway
  265  rapid transit systems, bus systems, roads, or bridges; and such
  266  proceeds may be pledged by the governing body of the county for
  267  bonds issued to refinance existing bonds or new bonds issued for
  268  the construction of such fixed guideway rapid transit systems,
  269  bus systems, roads, or bridges and no more than 25 percent used
  270  for nontransit uses; and
  271         4. Used by the charter county for the planning,
  272  development, construction, operation, and maintenance of roads
  273  and bridges in the county; for the planning, development,
  274  expansion, operation, and maintenance of bus and fixed guideway
  275  systems; and for the payment of principal and interest on bonds
  276  issued for the construction of fixed guideway rapid transit
  277  systems, bus systems, roads, or bridges; and such proceeds may
  278  be pledged by the governing body of the county for bonds issued
  279  to refinance existing bonds or new bonds issued for the
  280  construction of such fixed guideway rapid transit systems, bus
  281  systems, roads, or bridges. Pursuant to an interlocal agreement
  282  entered into pursuant to chapter 163, the governing body of the
  283  charter county may distribute proceeds from the tax to a
  284  municipality, or an expressway or transportation authority
  285  created by law to be expended for the purpose authorized by this
  286  paragraph. Any charter county that has entered into interlocal
  287  agreements for distribution of proceeds to one or more
  288  municipalities in the county shall revise such interlocal
  289  agreements no less than every 5 years in order to include any
  290  municipalities that have been created since the prior interlocal
  291  agreements were executed.
  292         Section 2. Paragraph (b) of subsection (2) and subsection
  293  (4) of section 316.1001, Florida Statutes, are amended to read:
  294         316.1001 Payment of toll on toll facilities required;
  295  penalties.—
  296         (2)
  297         (b) A citation issued under this subsection may be issued
  298  by mailing the citation by first-class first class mail, or by
  299  certified mail, return receipt requested, to the address of the
  300  registered owner of the motor vehicle involved in the violation.
  301  Receipt of Mailing the citation to this address constitutes
  302  notification. In the case of joint ownership of a motor vehicle,
  303  the traffic citation must be mailed to the first name appearing
  304  on the registration, unless the first name appearing on the
  305  registration is a business organization, in which case the
  306  second name appearing on the registration may be used. A
  307  citation issued under this paragraph must be mailed to the
  308  registered owner of the motor vehicle involved in the violation
  309  within 14 days after the date of issuance of the citation
  310  violation. In addition to the citation, notification must be
  311  sent to the registered owner of the motor vehicle involved in
  312  the violation specifying remedies available under ss. 318.14(12)
  313  and 318.18(7).
  314         (4) Any governmental entity, including, without limitation,
  315  a clerk of court, may provide supply the department with data
  316  that is machine readable by the department’s computer system,
  317  listing persons who have one or more outstanding violations of
  318  this section, with reference to the person’s driver’s license
  319  number or vehicle registration number in the case of a business
  320  entity. Pursuant to s. 320.03(8), those persons may not be
  321  issued a license plate or revalidation sticker for any motor
  322  vehicle.
  323         Section 3. Subsection (3) of section 316.545, Florida
  324  Statutes, is amended to read:
  325         316.545 Weight and load unlawful; special fuel and motor
  326  fuel tax enforcement; inspection; penalty; review.—
  327         (3) Any person who violates the overloading provisions of
  328  this chapter shall be conclusively presumed to have damaged the
  329  highways of this state by reason of such overloading, which
  330  damage is hereby fixed as follows:
  331         (a) When the excess weight is 200 pounds or less than the
  332  maximum herein provided, the penalty shall be $10;
  333         (b) Five cents per pound for each pound of weight in excess
  334  of the maximum herein provided when the excess weight exceeds
  335  200 pounds. However, whenever the gross weight of the vehicle or
  336  combination of vehicles does not exceed the maximum allowable
  337  gross weight, the maximum fine for the first 600 pounds of
  338  unlawful axle weight shall be $10;
  339         (c) For a vehicle equipped with fully functional idle
  340  reduction technology, any penalty shall be calculated by
  341  reducing the actual gross vehicle weight or the internal bridge
  342  weight by the certified weight of the idle-reduction technology
  343  or by 400 pounds, whichever is less. The vehicle operator must
  344  present written certification of the weight of the idle
  345  reduction technology and must demonstrate or certify that the
  346  idle-reduction technology is fully functional at all times. Such
  347  calculation may not be used for vehicles described in s.
  348  316.535(6);
  349         (d)(c) An apportioned motor vehicle, as defined in s.
  350  320.01, operating on the highways of this state without being
  351  properly licensed and registered shall be subject to the
  352  penalties as herein provided; and
  353         (e)(d) Vehicles operating on the highways of this state
  354  from nonmember International Registration Plan jurisdictions
  355  which are not in compliance with the provisions of s. 316.605
  356  shall be subject to the penalties as herein provided.
  357         Section 4. Present subsections (4) through (10) of section
  358  316.550, Florida Statutes, are renumbered as subsections (5)
  359  through (11), respectively, and a new subsection (4) is added to
  360  that section, to read:
  361         316.550 Operations not in conformity with law; special
  362  permits.—
  363         (4)(a)The Department of Transportation or local authority
  364  may issue permits that authorize commercial vehicles having
  365  weights not exceeding the limits of s. 316.535(5), plus the
  366  scale tolerance provided in s. 316.545(2), to operate off the
  367  Interstate Highway System on a designated route specified in the
  368  permit. Such permits shall be issued within 14 days after
  369  receipt of the request.
  370         (b) The designated route shall avoid any bridge that the
  371  Department of Transportation determines cannot safely
  372  accommodate vehicles having a gross vehicle weight authorized in
  373  paragraph (a).
  374         (c) Any vehicle, or combination of vehicles, which exceeds
  375  the weight limits authorized in paragraph (a) shall be unloaded
  376  and all material so unloaded shall be cared for by the owner or
  377  operator.
  378         Section 5. Subsection (7) of section 318.18, Florida
  379  Statutes, is amended to read:
  380         318.18 Amount of penalties.—The penalties required for a
  381  noncriminal disposition pursuant to s. 318.14 or a criminal
  382  offense listed in s. 318.17 are as follows:
  383         (7) Mandatory $100 fine for each violation of s. 316.1001
  384  plus the amount of the unpaid toll shown on the traffic citation
  385  for each citation issued. The clerk of the court shall forward
  386  $25 of the $100 fine received, plus the amount of the unpaid
  387  toll that is shown on the citation, to the governmental entity
  388  that issued the citation for citations issued by toll
  389  enforcement officers or to the entity administering the tolls at
  390  the facility where the violation occurred for citations issued
  391  by law enforcement officers. However, a person may elect to pay
  392  $30 to the clerk of the court, plus the amount of the unpaid
  393  toll which is shown on the citation, in which case adjudication
  394  is withheld, and no points may be assessed under s. 322.27. Upon
  395  receipt of the $30 and unpaid toll amount, the clerk of the
  396  court shall retain $5 for administrative purposes and shall
  397  forward the remaining $25, plus the amount of the unpaid toll
  398  shown on the citation, to the governmental entity that issued
  399  the citation for citations issued by toll enforcement officers
  400  or to the entity administering the tolls at the facility where
  401  the violation occurred for citations issued by law enforcement
  402  officers. Additionally, adjudication shall be withheld and no
  403  points shall be assessed under s. 322.27, except when
  404  adjudication is imposed by the court after a hearing pursuant to
  405  s. 318.14(5), or on whose behalf the citation was issued. If a
  406  plea arrangement is reached prior to the date set for a
  407  scheduled evidentiary hearing and, as a result of the plea,
  408  adjudication is withheld, there shall be a mandatory fine
  409  assessed per citation of not less than $50 and not more than
  410  $100, plus the amount of the unpaid toll for each citation
  411  issued. The clerk of the court shall forward $25 of the fine
  412  imposed plus the amount of the unpaid toll that is shown on the
  413  citation to the governmental entity that issued the citation for
  414  citations issued by toll enforcement officers or to the entity
  415  administering the tolls at the facility where the violation
  416  occurred for citations issued by law enforcement officers or on
  417  whose behalf the citation was issued. The court shall have
  418  specific authority to consolidate issued citations for the same
  419  defendant for the purpose of sentencing and aggregate
  420  jurisdiction. In addition, the court may direct the department
  421  to shall suspend for 60 days the driver’s license of a person
  422  who is convicted of 10 violations of s. 316.1001 within a 36
  423  month period. Any funds received by a governmental entity for
  424  this violation may be used for any lawful purpose related to the
  425  operation or maintenance of a toll facility.
  426         Section 6. Subsection (8) of section 320.03, Florida
  427  Statutes, is amended to read:
  428         320.03 Registration; duties of tax collectors;
  429  International Registration Plan.—
  430         (8) If the applicant’s name appears on the list referred to
  431  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
  432  plate or revalidation sticker may not be issued until that
  433  person’s name no longer appears on the list or until the person
  434  presents a receipt from the governmental entity or the clerk of
  435  court that provided the data showing that the fines outstanding
  436  have been paid. This subsection does not apply to the owner of a
  437  leased vehicle if the vehicle is registered in the name of the
  438  lessee of the vehicle. The tax collector and the clerk of the
  439  court are each entitled to receive monthly, as costs for
  440  implementing and administering this subsection, 10 percent of
  441  the civil penalties and fines recovered from such persons. As
  442  used in this subsection, the term “civil penalties and fines”
  443  does not include a wrecker operator’s lien as described in s.
  444  713.78(13). If the tax collector has private tag agents, such
  445  tag agents are entitled to receive a pro rata share of the
  446  amount paid to the tax collector, based upon the percentage of
  447  license plates and revalidation stickers issued by the tag agent
  448  compared to the total issued within the county. The authority of
  449  any private agent to issue license plates shall be revoked,
  450  after notice and a hearing as provided in chapter 120, if he or
  451  she issues any license plate or revalidation sticker contrary to
  452  the provisions of this subsection. This section applies only to
  453  the annual renewal in the owner’s birth month of a motor vehicle
  454  registration and does not apply to the transfer of a
  455  registration of a motor vehicle sold by a motor vehicle dealer
  456  licensed under this chapter, except for the transfer of
  457  registrations which is inclusive of the annual renewals. This
  458  section does not affect the issuance of the title to a motor
  459  vehicle, notwithstanding s. 319.23(7)(b).
  460         Section 7. Paragraph (d) of subsection (3) of section
  461  322.27, Florida Statutes, is amended to read:
  462         322.27 Authority of department to suspend or revoke
  463  license.—
  464         (3) There is established a point system for evaluation of
  465  convictions of violations of motor vehicle laws or ordinances,
  466  and violations of applicable provisions of s. 403.413(6)(b) when
  467  such violations involve the use of motor vehicles, for the
  468  determination of the continuing qualification of any person to
  469  operate a motor vehicle. The department is authorized to suspend
  470  the license of any person upon showing of its records or other
  471  good and sufficient evidence that the licensee has been
  472  convicted of violation of motor vehicle laws or ordinances, or
  473  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  474  more points as determined by the point system. The suspension
  475  shall be for a period of not more than 1 year.
  476         (d) The point system shall have as its basic element a
  477  graduated scale of points assigning relative values to
  478  convictions of the following violations:
  479         1. Reckless driving, willful and wanton—4 points.
  480         2. Leaving the scene of a crash resulting in property
  481  damage of more than $50—6 points.
  482         3. Unlawful speed resulting in a crash—6 points.
  483         4. Passing a stopped school bus—4 points.
  484         5. Unlawful speed:
  485         a. Not in excess of 15 miles per hour of lawful or posted
  486  speed—3 points.
  487         b. In excess of 15 miles per hour of lawful or posted
  488  speed—4 points.
  489         6. A violation of a traffic control signal device as
  490  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  491         7. All other moving violations (including parking on a
  492  highway outside the limits of a municipality)—3 points. However,
  493  no points shall be imposed for a violation of s. 316.0741 or s.
  494  316.2065(12); and points shall be imposed for a violation of s.
  495  316.1001 only when imposed by the court after a hearing pursuant
  496  to s. 318.14(5).
  497         8. Any moving violation covered above, excluding unlawful
  498  speed, resulting in a crash—4 points.
  499         9. Any conviction under s. 403.413(6)(b)—3 points.
  500         10. Any conviction under s. 316.0775(2)—4 points.
  501         Section 8. Subsection (1) of section 337.14, Florida
  502  Statutes, is amended to read:
  503         337.14 Application for qualification; certificate of
  504  qualification; restrictions; request for hearing.—
  505         (1) Any person desiring to bid for the performance of any
  506  construction contract in excess of $250,000 which the department
  507  proposes to let must first be certified by the department as
  508  qualified pursuant to this section and rules of the department.
  509  The rules of the department shall address the qualification of
  510  persons to bid on construction contracts in excess of $250,000
  511  and shall include requirements with respect to the equipment,
  512  past record, experience, financial resources, and organizational
  513  personnel of the applicant necessary to perform the specific
  514  class of work for which the person seeks certification. The
  515  department may is authorized to limit the dollar amount of any
  516  contract upon which a person is qualified to bid or the
  517  aggregate total dollar volume of contracts such person is
  518  allowed to have under contract at any one time. Each applicant
  519  seeking qualification to bid on construction contracts in excess
  520  of $250,000 shall furnish the department a statement under oath,
  521  on such forms as the department may prescribe, setting forth
  522  detailed information as required on the application. Each
  523  application for certification shall be accompanied by the latest
  524  annual financial statement of the applicant completed within the
  525  last 12 months. If the application or the annual financial
  526  statement shows the financial condition of the applicant more
  527  than 4 months before prior to the date on which the application
  528  is received by the department, then an interim financial
  529  statement must also be submitted and be accompanied by an
  530  updated application. The interim financial statement must cover
  531  the period from the end date of the annual statement and must
  532  show the financial condition of the applicant no more than 4
  533  months before prior to the date that the interim financial
  534  statement on which the application is received by the
  535  department. Each required annual or interim financial statement
  536  must be audited and accompanied by the opinion of a certified
  537  public accountant or a public accountant approved by the
  538  department. The information required by this subsection is
  539  confidential and exempt from the provisions of s. 119.07(1). The
  540  department shall act upon the application for qualification
  541  within 30 days after the department determines that the
  542  application is complete. The department may waive the
  543  requirements of this subsection for projects having a contract
  544  price of $500,000 or less if the department determines that the
  545  project is of a noncritical nature and the waiver will not
  546  endanger public health, safety, or property.
  547         Section 9. Subsection (1) of section 337.401, Florida
  548  Statutes, is amended to read:
  549         337.401 Use of right-of-way for utilities subject to
  550  regulation; permit; fees.—
  551         (1)(a) The department and local governmental entities,
  552  referred to in ss. 337.401-337.404 as the “authority,” that have
  553  jurisdiction and control of public roads or publicly owned rail
  554  corridors are authorized to prescribe and enforce reasonable
  555  rules or regulations with reference to the placing and
  556  maintaining along, across, or on any road or publicly owned rail
  557  corridors under their respective jurisdictions any electric
  558  transmission, telephone, telegraph, or other communications
  559  services lines; pole lines; poles; railways; ditches; sewers;
  560  water, heat, or gas mains; pipelines; fences; gasoline tanks and
  561  pumps; or other structures referred to in this section as the
  562  “utility.” For aerial and underground electric utility
  563  transmission lines designed to operate at 69 or more kilovolts
  564  that are needed to accommodate the additional electrical
  565  transfer capacity on the transmission grid resulting from new
  566  base-load generating facilities, where there is no other
  567  practicable alternative available for placement of the electric
  568  utility transmission lines on the department’s rights-of-way,
  569  the department’s rules shall provide for placement of and access
  570  to such transmission lines adjacent to and within the right-of
  571  way of any department-controlled public roads, including
  572  longitudinally within limited access facilities to the greatest
  573  extent allowed by federal law, if compliance with the standards
  574  established by such rules is achieved. Such rules may include,
  575  but need not be limited to, that the use of the right-of-way is
  576  reasonable based upon a consideration of economic and
  577  environmental factors, including, without limitation, other
  578  practicable alternative alignments, utility corridors and
  579  easements, impacts on adjacent property owners, and minimum
  580  clear zones and other safety standards, and further provide that
  581  placement of the electric utility transmission lines within the
  582  department’s right-of-way does not interfere with operational
  583  requirements of the transportation facility or planned or
  584  potential future expansion of such transportation facility. If
  585  the department approves longitudinal placement of electric
  586  utility transmission lines in limited access facilities,
  587  compensation for the use of the right-of-way is required. Such
  588  consideration or compensation paid by the electric utility in
  589  connection with the department’s issuance of a permit does not
  590  create any property right in the department’s property
  591  regardless of the amount of consideration paid or the
  592  improvements constructed on the property by the utility. Upon
  593  notice by the department that the property is needed for
  594  expansion or improvement of the transportation facility, the
  595  electric utility transmission line will relocate from the
  596  facility at the electric utility’s sole expense. The electric
  597  utility shall pay to the department reasonable damages resulting
  598  from the utility’s failure or refusal to timely relocate its
  599  transmission lines. The rules to be adopted by the department
  600  may also address the compensation methodology and relocation. As
  601  used in this subsection, the term “base-load generating
  602  facilities” means electric power plants that are certified under
  603  part II of chapter 403. The department may enter into a permit
  604  delegation agreement with a governmental entity if issuance of a
  605  permit is based on requirements that the department finds will
  606  ensure the safety and integrity of facilities of the Department
  607  of Transportation; however, the permit-delegation agreement does
  608  not apply to facilities of electric utilities as defined in s.
  609  366.02(2).
  610         (b)For aerial and underground electric utility
  611  transmission lines that are designed to operate at 69 or more
  612  kilovolts and that are needed to accommodate the additional
  613  electrical transfer capacity on the transmission grid resulting
  614  from new base-load generating facilities, the department’s rules
  615  shall provide for placement of and access to such transmission
  616  lines adjacent to and within the right-of-way of any department
  617  controlled public roads, including longitudinally within limited
  618  access facilities where there is no other practicable
  619  alternative available, to the greatest extent allowed by federal
  620  law, if compliance with the standards established by such rules
  621  is achieved. Such rules may include, but need not be limited to,
  622  a requirement that the use of the limited access right-of-way
  623  for longitudinal placement of electric utility transmission
  624  lines be reasonably based upon a consideration of economic and
  625  environmental factors, including, but not limited to, other
  626  practicable alternative alignments, utility corridors and
  627  easements, impacts on adjacent property owners, and minimum
  628  clear zones and other safety standards. Such rules may also
  629  require that placement of the electric utility transmission
  630  lines within the department’s right-of-way not interfere with
  631  operational requirements of the transportation facility or
  632  planned or potential future expansion of such transportation
  633  facility. Compensation for the use of the right-of-way must be
  634  provided if the department approves longitudinal placement of
  635  electric utility transmission lines in limited access
  636  facilities. Such consideration or compensation paid by the
  637  electric utility in connection with the department’s issuance of
  638  a permit does not create any property right in the department’s
  639  property regardless of the amount of consideration paid or the
  640  improvements constructed on the property by the utility. Upon
  641  notice by the department that the property is needed for
  642  expansion or improvement of the transportation facility, the
  643  electric utility transmission line shall be relocated at the
  644  electric utility’s sole expense. The electric utility shall pay
  645  to the department reasonable damages resulting from the
  646  utility’s failure or refusal to timely relocate its transmission
  647  lines. The rules adopted by the department may also address the
  648  compensation methodology and relocation. As used in this
  649  subsection, the term “base-load generating facilities” means
  650  electric power plants that are certified under part II of
  651  chapter 403.
  652         Section 10. Subsection (1) of section 338.155, Florida
  653  Statutes, is amended to read:
  654         338.155 Payment of toll on toll facilities required;
  655  exemptions.—
  656         (1) No persons are permitted to use any toll facility
  657  without payment of tolls, except employees of the agency
  658  operating the toll project when using the toll facility on
  659  official state business, state military personnel while on
  660  official military business, handicapped persons as provided in
  661  this section, persons exempt from toll payment by the
  662  authorizing resolution for bonds issued to finance the facility,
  663  and persons exempt on a temporary basis where use of such toll
  664  facility is required as a detour route. Any law enforcement
  665  officer operating a marked official vehicle is exempt from toll
  666  payment when on official law enforcement business. Any person
  667  operating a fire vehicle when on official business or a rescue
  668  vehicle when on official business is exempt from toll payment.
  669  Any person participating in the funeral procession of a law
  670  enforcement officer or firefighter killed in the line of duty is
  671  exempt from toll payment. The secretary, or the secretary’s
  672  designee, may suspend the payment of tolls on a toll facility
  673  when necessary to assist in emergency evacuation. The failure to
  674  pay a prescribed toll constitutes a noncriminal traffic
  675  infraction, punishable as a moving violation pursuant to s.
  676  318.18. The department is authorized to adopt rules relating to
  677  the payment, collection, and enforcement of tolls, including,
  678  but not limited to, rules for the implementation of video or
  679  other image billing and variable pricing guaranteed toll
  680  accounts.
  681         Section 11. Subsection (7) is added to section 341.051,
  682  Florida Statutes, to read:
  683         341.051 Administration and financing of public transit and
  684  intercity bus service programs and projects.—
  685         (7) INTEROPERABLE FARE COLLECTION SYSTEMS.—
  686         (a) The Legislature recognizes the importance of
  687  encouraging the seamless use of local and regional public
  688  transportation systems by residents of and visitors to the state
  689  wherever possible. The paramount concern is to encourage the
  690  implementation of fare collection systems that are interoperable
  691  and compatible with multiple public transportation systems
  692  throughout the state.
  693         (b) Notwithstanding any other provision of law to the
  694  contrary, in order to facilitate the ease of transfer from one
  695  public transportation system to another, any public transit
  696  system that connects directly with a new public rail system put
  697  into service on or after December 1, 2010, and that is adding a
  698  new fare media system or is upgrading its existing fare media
  699  system shall use a universal common contactless fare media that
  700  is compatible with the American Public Transportation
  701  Association’s Contactless Fare Media System Standard and allows
  702  users to purchase fares at a single point of sale with coin,
  703  cash, or credit card. This paragraph does not require the use of
  704  a universal common contactless fare media for the paratransit
  705  element of any transit system or by any public transit system
  706  that does not share one or more points of origin or destination
  707  with a public rail system.
  708  
  709  For purposes of this section, the term “net operating costs”
  710  means all operating costs of a project less any federal funds,
  711  fares, or other sources of income to the project.
  712         Section 12. Present subsection (7) of section 341.3025,
  713  Florida Statutes, is renumbered as subsection (8), and a new
  714  subsection (7) is added to that section, to read:
  715         341.3025 Multicounty public rail system fares and
  716  enforcement.—
  717         (7)(a) The Legislature recognizes the importance of
  718  encouraging the seamless use of local and regional public
  719  transportation systems by residents of and visitors to the state
  720  wherever possible. The paramount concern is to encourage the
  721  implementation of fare collection systems that are interoperable
  722  and compatible with multiple public transportation systems
  723  throughout the state.
  724         (b) Notwithstanding any other provision of law to the
  725  contrary, in order to facilitate the ease of transfer from one
  726  public transportation system to another, any new public rail
  727  system that is constructed on or after December 1, 2010, by the
  728  state, an agency of the state, a regional transportation
  729  authority, or one or more counties or municipalities shall use a
  730  universal common contactless fare media that is compatible with
  731  the American Public Transportation Association’s Contactless
  732  Fare Media System Standard and allows users to purchase fares at
  733  a single point of sale with coin, cash, or credit card.
  734  Additionally, any existing public rail system that is adding a
  735  new fare media system or is upgrading its existing fare media
  736  system shall use a universal common contactless fare media that
  737  is compatible with the American Public Transportation
  738  Association’s Contactless Fare Media System Standard and allows
  739  users to purchase fares at a single point of sale with coin,
  740  cash, or credit card.
  741         Section 13. Paragraph (q) is added to subsection (2) of
  742  section 343.64, Florida Statutes, to read:
  743         343.64 Powers and duties.—
  744         (2) The authority may exercise all powers necessary,
  745  appurtenant, convenient, or incidental to the carrying out of
  746  the aforesaid purposes, including, but not limited to, the
  747  following rights and powers:
  748         (q) Notwithstanding the provisions of s. 343.65, to borrow
  749  money in a principal amount not to exceed $10 million in any
  750  calendar year to refinance all or part of the costs or
  751  obligations of the authority, including, but not limited to,
  752  obligations of the authority as a lessee under a lease.
  753         Section 14. Subsection (3) of section 348.51, Florida
  754  Statutes, is amended to read:
  755         348.51 Definitions.—The following terms whenever used or
  756  referred to in this part shall have the following meanings,
  757  except in those instances where the context clearly indicates
  758  otherwise:
  759         (3) “Bonds” means and includes the notes, bonds, refunding
  760  bonds, or other evidences of indebtedness or obligations, in
  761  either temporary or definitive form, which of the authority is
  762  authorized to issue issued pursuant to this part.
  763         Section 15. Section 348.545, Florida Statutes, is amended
  764  to read:
  765         348.545 Facility improvement; bond financing authority.
  766  Pursuant to s. 11(f), Art. VII of the State Constitution, the
  767  Legislature hereby approves for bond financing by the Tampa
  768  Hillsborough County Expressway Authority improvements to toll
  769  collection facilities, interchanges to the legislatively
  770  approved expressway system, and any other facility appurtenant,
  771  necessary, or incidental to the approved system. Subject to
  772  terms and conditions of applicable revenue bond resolutions and
  773  covenants, such costs financing may be financed in whole or in
  774  part by revenue bonds issued under s. 348.56(1)(a) or (b)
  775  whether currently issued or issued in the future, or by a
  776  combination of such bonds.
  777         Section 16. Subsections (1) and (2) of section 348.56,
  778  Florida Statutes, are amended to read:
  779         348.56 Bonds of the authority.—
  780         (1)(a) Bonds may be issued on behalf of the authority under
  781  the State Bond Act.
  782         (b) Alternatively, the authority shall have the power and
  783  is hereby authorized from time to time to issue bonds in such
  784  principal amount as, in the opinion of the authority, shall be
  785  necessary to provide sufficient moneys for achieving its
  786  corporate purposes, including construction, reconstruction,
  787  improvement, extension, repair, maintenance and operation of the
  788  expressway system, the cost of acquisition of all real property,
  789  interest on bonds during construction and for a reasonable
  790  period thereafter, establishment of reserves to secure bonds,
  791  and all other expenditures of the authority incident to and
  792  necessary or convenient to carry out its corporate purposes and
  793  powers.
  794         (2)(a) Bonds issued by the authority under paragraph (1)(a)
  795  or (b) shall be authorized by resolution of the members of the
  796  authority and shall bear such date or dates, mature at such time
  797  or times, not exceeding 40 years from their respective dates,
  798  bear interest at such rate or rates, not exceeding the maximum
  799  rate fixed by general law for authorities, be in such
  800  denominations, be in such form, either coupon or fully
  801  registered, carry such registration, exchangeability and
  802  interchangeability privileges, be payable in such medium of
  803  payment and at such place or places, be subject to such terms of
  804  redemption and be entitled to such priorities of lien on the
  805  revenues, other available moneys, and the Hillsborough County
  806  gasoline tax funds as such resolution or any resolution
  807  subsequent thereto may provide. The bonds shall be executed
  808  either by manual or facsimile signature by such officers as the
  809  authority shall determine, provided that such bonds shall bear
  810  at least one signature which is manually executed thereon. The
  811  coupons attached to such bonds shall bear the facsimile
  812  signature or signatures of such officer or officers as shall be
  813  designated by the authority. Such bonds shall have the seal of
  814  the authority affixed, imprinted, reproduced, or lithographed
  815  thereon.
  816         (b) The bonds issued under paragraph (1)(a) or (b) shall be
  817  sold at public sale in the same manner provided by the State
  818  Bond Act, and the net interest cost to the authority on such
  819  bonds shall not exceed the maximum rate fixed by general law for
  820  authorities. However, if the authority, by official action at a
  821  public meeting, determines that a negotiated sale of such bonds
  822  is in the best interest of the authority, the authority may
  823  negotiate the sale of such bonds with the underwriter or
  824  underwriters designated by the authority and the Division of
  825  Bond Finance of the State Board of Administration with respect
  826  to bonds issued pursuant to paragraph (1)(a) or solely by the
  827  authority with respect to bonds issued pursuant to paragraph
  828  (1)(b). The authority’s determination to negotiate the sale of
  829  such bonds may be based, in part, upon the written advice of the
  830  authority’s financial adviser. If all bids received on the
  831  public sale are rejected, the authority may then proceed to
  832  negotiate for the sale of the bonds at a net interest cost which
  833  shall be less than the lowest net interest cost stated in the
  834  bids rejected at the public sale. Pending the preparation of
  835  definitive bonds, temporary bonds or interim certificates may be
  836  issued to the purchaser or purchasers of such bonds and may
  837  contain such terms and conditions as the authority may
  838  determine.
  839         Section 17. Section 348.565, Florida Statutes, is amended
  840  to read:
  841         348.565 Revenue bonds for specified projects.—The existing
  842  facilities that constitute the Tampa-Hillsborough County
  843  Expressway System are hereby approved to be refinanced by the
  844  issuance of revenue bonds issued by the Division of Bond Finance
  845  of the State Board of Administration pursuant to s. 11(f), Art.
  846  VII of the State Constitution and the State Bond Act, or by
  847  revenue bonds issued by the authority under s. 348.56(1)(b). In
  848  addition, the following projects of the Tampa-Hillsborough
  849  County Expressway Authority are approved to be financed or
  850  refinanced by the issuance of revenue bonds in accordance with
  851  this part under pursuant to s. 11(f), Art. VII of the State
  852  Constitution:
  853         (1) Brandon area feeder roads.
  854         (2) Capital improvements to the expressway system,
  855  including safety and operational improvements and toll
  856  collection equipment.
  857         (3) Lee Roy Selmon Crosstown Expressway System widening.
  858         (4) The connector highway linking the Lee Roy Selmon
  859  Crosstown Expressway to Interstate 4.
  860         Section 18. Subsection (1) of section 348.57, Florida
  861  Statutes, is amended to read:
  862         348.57 Refunding bonds.—
  863         (1) Subject to public notice as provided in s. 348.54, the
  864  authority is authorized to provide by resolution for the
  865  issuance from time to time of bonds under s. 348.56(1)(b) for
  866  the purpose of refunding any bonds then outstanding regardless
  867  of whether the bonds being refunded were issued by the authority
  868  under this chapter or on behalf of the authority under the State
  869  Bond Act. The authority is further authorized to provide by
  870  resolution for the issuance of bonds for the combined purpose
  871  of:
  872         (a) Paying the cost of constructing, reconstructing,
  873  improving, extending, repairing, maintaining and operating the
  874  expressway system.
  875         (b) Refunding bonds then outstanding. The authorization,
  876  sale and issuance of such obligations, the maturities and other
  877  details thereof, the rights and remedies of the holders thereof,
  878  and the rights, powers, privileges, duties and obligations of
  879  the authority with respect to the same shall be governed by the
  880  foregoing provisions of this part insofar as the same may be
  881  applicable.
  882         Section 19. Section 348.70, Florida Statutes, is amended to
  883  read:
  884         348.70 This part complete and additional authority.—
  885         (1) The powers conferred by this part shall be in addition
  886  and supplemental to the existing respective powers of the
  887  authority, the department, the county and the city, if any, and
  888  this part shall not be construed as repealing any of the
  889  provisions of any other law, general, special or local, but
  890  shall be deemed to supersede such other law or laws in the
  891  exercise of the powers provided in this part insofar as such
  892  other law or laws are inconsistent with the provisions of this
  893  part and to provide a complete method for the exercise of the
  894  powers granted herein. The construction, reconstruction,
  895  improvement, extension, repair, maintenance and operation of the
  896  expressway system, and the issuance of bonds hereunder to
  897  finance all or part of the cost thereof, may be accomplished
  898  upon compliance with the provisions of this part without regard
  899  to or necessity for compliance with the provisions, limitations,
  900  or restrictions contained in any other general, special or local
  901  law, including, but not limited to, s. 215.821, and no approval
  902  of any bonds issued under this part by the qualified electors or
  903  qualified electors who are freeholders in the state or in the
  904  county or in the city or in any other political subdivision of
  905  the state shall be required for the issuance of such bonds.
  906         (2) This part does not repeal, rescind, or modify any other
  907  law or laws relating to the State Board of Administration, the
  908  Department of Transportation, or the Division of Bond Finance of
  909  the State Board of Administration, but supersedes any other law
  910  or laws that are inconsistent with the provisions of this part,
  911  including, but not limited to, s. 215.821.
  912         Section 20. Part XI of chapter 348, Florida Statutes,
  913  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
  914  348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
  915  348.9960, and 348.9961, is created to read:
  916         348.9950Short title.—This part may be cited as the
  917  “Osceola County Expressway Authority Law.”
  918         348.9951Definitions.—Terms used in this part, except where
  919  the context clearly indicates otherwise, shall have the same
  920  meanings as those defined in the Florida Expressway Authority
  921  Act.
  922         348.9952Osceola County Expressway Authority.—
  923         (1) There is created a body politic and corporate, an
  924  agency of the state, to be known as the Osceola County
  925  Expressway Authority.
  926         (2)(a) The governing body of the authority shall consist of
  927  six members. Five members must be residents of Osceola County,
  928  three of whom shall be appointed by the governing body of the
  929  county and two of whom shall be appointed by the Governor. The
  930  sixth member shall be the district secretary of the department
  931  serving in the district that includes Osceola County, who shall
  932  serve as an ex officio, nonvoting member. The term of each
  933  appointed member shall be for 4 years, except that the first
  934  term of the initial members appointed by the Governor shall be 2
  935  years each. Each appointed member shall hold office until his or
  936  her successor has been appointed and has qualified. A vacancy
  937  occurring during a term shall be filled only for the balance of
  938  the unexpired term. Each appointed member of the authority shall
  939  be a person of outstanding reputation for integrity,
  940  responsibility, and business ability, but a person who is an
  941  officer or employee of any municipality or of Osceola County in
  942  any other capacity may not be an appointed member of the
  943  authority. A member of the authority is eligible for
  944  reappointment.
  945         (b) Members of the authority may be removed from office by
  946  the Governor for misconduct, malfeasance, or nonfeasance in
  947  office.
  948         (3)(a) The authority shall elect one of its members as
  949  chair. The authority shall also elect a secretary and a
  950  treasurer, who may be members of the authority. The chair,
  951  secretary, and treasurer shall hold such offices at the will of
  952  the authority.
  953         (b) Three members of the authority constitute a quorum, and
  954  the vote of three members is necessary for any action taken by
  955  the authority. A vacancy in the authority does not impair the
  956  right of a quorum of the authority to exercise all of the rights
  957  and perform all of the duties of the authority.
  958         (4)(a) The authority may employ an executive secretary, an
  959  executive director, its own counsel and legal staff, technical
  960  experts, engineers, and other employees, permanent or temporary,
  961  as it may require, and may determine the qualifications and fix
  962  the compensation of such persons, firms, or corporations.
  963  Additionally, the authority may employ a fiscal agent or agents.
  964  However, the authority shall solicit sealed proposals from at
  965  least three persons, firms, or corporations for the performance
  966  of any services as fiscal agents. The authority may delegate to
  967  one or more of its agents or employees such of its power as it
  968  deems necessary to carry out the purposes of this part, subject
  969  always to the supervision and control of the authority.
  970         (b) Members of the authority are entitled to receive from
  971  the authority their travel and other necessary expenses incurred
  972  in connection with the business of the authority as provided in
  973  s. 112.061, but members shall not draw salaries or other
  974  compensation.
  975         (c) The department is not required to grant funds for
  976  startup costs to the authority. However, the governing body of
  977  the county may provide funds for such startup costs.
  978         (d) The authority shall cooperate with and participate in
  979  any efforts to establish a regional expressway authority.
  980         348.9953Purposes and powers.—The purposes and powers of
  981  the authority shall be the same as those identified in the
  982  Florida Expressway Authority Act. In implementing this act, the
  983  authority shall institute procedures to encourage the awarding
  984  of contracts for professional services and construction to
  985  certified minority business enterprises as defined in s.
  986  288.703. The authority shall develop and implement activities to
  987  encourage the participation of certified minority business
  988  enterprises in the contracting process.
  989         348.9954Bonds.—Bonds may be issued on behalf of the
  990  authority as provided by the State Bond Act and subject to the
  991  provisions of the Florida Expressway Authority Act.
  992         348.9955Lease-purchase agreement.—The authority may enter
  993  into lease-purchase agreements with the department as provided
  994  in the Florida Expressway Authority Act.
  995         348.9956Department may be appointed agent of authority for
  996  construction.—The authority may appoint the department as its
  997  agent as provided in the Florida Expressway Authority Act.
  998         348.9957Acquisition of lands and property.—The authority
  999  may acquire such rights, title, or interest in private or public
 1000  property and such property rights, including easements, rights
 1001  of access, air, view, and light by gift, devise, purchase, or
 1002  condemnation by eminent domain proceedings as the authority may
 1003  deem necessary for the purposes of this part and subject to the
 1004  provisions of the Florida Expressway Authority Act.
 1005         348.9958Cooperation with other units, boards, agencies,
 1006  and individuals.—Any county, municipality, drainage district,
 1007  road and bridge district, school district, or other political
 1008  subdivision, board, commission, or individual in or of the state
 1009  may make and enter into any contract, lease, conveyance,
 1010  partnership, or other agreement with the authority within the
 1011  provisions and for purposes of this part. The authority may make
 1012  and enter into any contract, lease, conveyance, partnership, or
 1013  other agreement with any political subdivision, agency, or
 1014  instrumentality of the state or any federal agency, corporation,
 1015  or individual for the purpose of carrying out the provisions of
 1016  this part.
 1017         348.9959 Legislative intent; covenant of the state.—It is
 1018  the intent of the Legislature that the state pledge to and agree
 1019  with any person, firm, corporation, or federal or state agency
 1020  subscribing to or acquiring the bonds to be issued by the
 1021  authority for the purposes of this part that the state will not
 1022  limit or alter the rights hereby vested in the authority and the
 1023  department until all bonds at any time issued together with the
 1024  interest thereon are fully paid and discharged insofar as the
 1025  same affects the rights of the holders of bonds issued
 1026  hereunder. It is also the intent of the Legislature that the
 1027  state further pledge to and agree with the United States that in
 1028  the event any federal agency shall construct or contribute any
 1029  funds for the completion, extension, or improvement of the
 1030  Osceola County Expressway System, or any part or portion
 1031  thereof, the state will not alter or limit the rights and powers
 1032  of the authority and the department in any manner that would be
 1033  inconsistent with the continued maintenance and operation of the
 1034  Osceola County Expressway System, or the completion, extension,
 1035  or improvement thereof, or that would be inconsistent with the
 1036  due performance of any agreements between the authority and any
 1037  such federal agency. The authority and the department shall
 1038  continue to have and may exercise all powers herein granted so
 1039  long as the same shall be necessary or desirable for the
 1040  carrying out of the purposes of this part and the purposes of
 1041  the United States in the completion, extension, or improvement
 1042  of the Osceola County Expressway System or any part or portion
 1043  thereof.
 1044         348.9960 Exemption from taxation.—As provided under and
 1045  limited by the Florida Expressway Authority Act, the Osceola
 1046  County Expressway authority is not required to pay taxes or
 1047  assessments of any kind or nature whatsoever upon any property
 1048  acquired by it or used by it for such purpose or upon revenues
 1049  at any time received by it.
 1050         348.9961 Automatic dissolution.—If, before January 1, 2020,
 1051  the authority has not encumbered any funds to further its
 1052  purposes and powers as authorized in s. 348.9953 to establish
 1053  the system, or upon the inclusion of the geographic area served
 1054  by the authority within any multicounty regional transportation
 1055  authority statutorily created after July 1, 2010, the Osceola
 1056  County Expressway Authority is dissolved.
 1057         Section 21. Sections 479.01, 479.015, 479.02, 479.03,
 1058  479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
 1059  479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
 1060  479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
 1061  are designated as part I of chapter 479, Florida Statutes.
 1062         Section 22. Subsection (3) of section 479.01, Florida
 1063  Statutes, is amended, and subsections (28), (29), (30), and (31)
 1064  are added to that section, to read:
 1065         479.01 Definitions.—As used in this chapter, the term:
 1066         (3) “Commercial or industrial zone” means a parcel of land
 1067  designated for commercial or industrial use under both the
 1068  future land use map of the comprehensive plan and the land use
 1069  development regulations adopted pursuant to chapter 163. If a
 1070  parcel is located in an area designated for multiple uses on the
 1071  future land use map of a comprehensive plan and the zoning
 1072  category of the land development regulations does do not
 1073  specifically clearly designate that parcel for commercial or
 1074  industrial uses a specific use, the area will be considered an
 1075  unzoned commercial or industrial area if it meets the criteria
 1076  of subsection (23).
 1077         (28) “Allowable uses” means those uses that are authorized
 1078  within a zoning category without the requirement to obtain a
 1079  variance or waiver. The term includes conditional uses and those
 1080  allowed by special exception, but does not include uses that are
 1081  accessory, incidental to the allowable uses, or allowed only on
 1082  a temporary basis.
 1083         (29) “Commercial use” means activities associated with the
 1084  sale, rental, or distribution of products or the performance of
 1085  services. The term includes, but is not limited to, such uses or
 1086  activities as retail sales, wholesale sales, rentals of
 1087  equipment, goods, or products, offices, restaurants, food
 1088  service vendors, sports arenas, theaters, and tourist
 1089  attractions.
 1090         (30) “Industrial use” means activities associated with the
 1091  manufacture, assembly, processing, or storage of products, or
 1092  the performance of services relating thereto. The term includes,
 1093  but is not limited to, such uses or activities as automobile
 1094  manufacturing or repair, boat manufacturing or repair, junk
 1095  yards, meat packing facilities, citrus processing and packing
 1096  facilities, produce processing and packing facilities,
 1097  electrical generating plants, water treatment plants, sewage
 1098  treatment plants, and solid waste disposal sites.
 1099         (31) “Zoning category” means the designation under the Land
 1100  Development Regulations or other similar ordinance enacted to
 1101  regulate the use of land, as provided in s. 163.3202(2)(b),
 1102  which sets forth the allowable uses, restrictions, and
 1103  limitations on use applicable to properties within the category.
 1104         Section 23. Sections 479.261, 479.262, 479.27, 479.28, and
 1105  479.30, Florida Statutes, are designated as part II of chapter
 1106  479, Florida Statutes.
 1107         Section 24. Part III of chapter 479, Florida Statutes,
 1108  consisting of sections 479.310, 479.311, 479.312, 479.313, and
 1109  479.314, is created to read:
 1110         479.310Legislative intent.—It is the intent of the
 1111  Legislature that this part relieve the Department of
 1112  Transportation from the financial burden incurred in the removal
 1113  of unpermitted and illegal signs located within the controlled
 1114  areas adjacent to the state highway system, interstate, or
 1115  federal-aid primary system; to place the financial
 1116  responsibility for the cost of such removal directly upon those
 1117  benefiting from the location and operation of such unpermitted
 1118  and illegal signs; and to provide clear authority to the
 1119  department for the recovery of costs incurred by the department
 1120  in the removal of such unpermitted and illegal signs.
 1121         479.311Jurisdiction; venue.—The county court shall have
 1122  jurisdiction concurrent with the circuit court to consider
 1123  claims filed by the department in amounts that are within their
 1124  jurisdictional limitations. Venue shall be in Leon County for
 1125  the purpose of a claim filed by the department to recover its
 1126  costs as provided in this section.
 1127         479.312Unpermitted signs; cost of removal.—All costs
 1128  incurred by the department in connection with the removal of a
 1129  sign located within a controlled area adjacent to the interstate
 1130  highway system, the federal-aid primary highway system, or the
 1131  state highway system shall be assessed against and collected
 1132  from the following persons if they have not been issued a permit
 1133  under part I of this chapter:
 1134         (1)The owner of the sign;
 1135         (2)The advertiser displayed on the sign; or
 1136         (3)The owner of the property upon which the sign is
 1137  located.
 1138  
 1139  For the purpose of this subsection, a sign that does not display
 1140  the name of the owner of the sign shall be presumed to be owned
 1141  by the owner of the property upon which the sign is located.
 1142         479.313Permit revocation; cost of removal.—All costs
 1143  incurred by the department in connection with the removal of a
 1144  sign located within a controlled area adjacent to the interstate
 1145  highway system, the federal-aid primary highway system, or the
 1146  state highway system following the revocation of the permit for
 1147  such sign shall be assessed against and collected from the
 1148  permittee.
 1149         479.314Highway rights-of-way; cost of sign removal.—All
 1150  costs incurred by the department in connection with the removal
 1151  of a sign located within a right-of-way of the interstate
 1152  highway system, the federal-aid primary highway system, or the
 1153  state highway system shall be assessed against and collected
 1154  from the owner of the sign or the advertiser displayed on the
 1155  sign.
 1156         Section 25. Section 705.18, Florida Statutes, is amended to
 1157  read:
 1158         705.18 Disposal of personal property lost or abandoned on
 1159  university or community college campuses or certain public-use
 1160  airports; disposition of proceeds from sale thereof.—
 1161         (1) Whenever any lost or abandoned personal property is
 1162  shall be found on a campus of an institution in the State
 1163  University System or a campus of a state-supported community
 1164  college, or on premises owned or controlled by the operator of a
 1165  public-use airport having regularly scheduled international
 1166  passenger service, the president of the institution or the
 1167  president’s designee or the director of the airport or the
 1168  director’s designee shall take charge thereof and make a record
 1169  of the date such property was found. If, within 30 days after
 1170  such property is found, or a longer period of time as may be
 1171  deemed appropriate by the president or the director under the
 1172  circumstances, the property it is not claimed by the owner, the
 1173  president or director shall order it sold at public outcry after
 1174  giving notice of the time and place of sale in a publication of
 1175  general circulation on the campus of such institution or within
 1176  the county where the airport is located and written notice to
 1177  the owner if known. The rightful owner of such property may
 1178  reclaim the same at any time prior to sale.
 1179         (2) All moneys realized from such institution’s sale shall
 1180  be placed in an appropriate fund and used solely for student
 1181  scholarship and loan purposes. All moneys realized from such
 1182  sale by an airport, less its costs of storage, transportation,
 1183  and publication of notice, shall, unless another use is required
 1184  by federal law, be deposited into the state school fund.
 1185         Section 26. Section 705.182, Florida Statutes, is created
 1186  to read:
 1187         705.182Disposal of personal property found on the premises
 1188  of public-use airports.—
 1189         (1)Whenever any personal property, other than aircraft or
 1190  motor vehicles, is found on premises owned or controlled by the
 1191  operator of a public-use airport, the director of the airport or
 1192  the director’s designee shall take charge thereof and make a
 1193  record of the date such property was found.
 1194         (2)If within 30 calendar days after such property is
 1195  found, or for such longer period of time as may be deemed
 1196  appropriate by the director or the director’s designee, under
 1197  the circumstances, the property is not claimed by the owner, the
 1198  director or the director’s designee may:
 1199         (a)Retain any or all of the property for the airport’s own
 1200  use or for use by the state or unit of local government owning
 1201  or operating the airport;
 1202         (b)Trade such property to another unit of local government
 1203  or state agency;
 1204         (c)Donate the property to a charitable organization;
 1205         (d)Sell the property; or
 1206         (e)Dispose of the property through an appropriate refuse
 1207  removal company or a company that provides salvage services for
 1208  the type of personal property found or located on the airport.
 1209  
 1210  The airport shall notify the owner, if known, of property found
 1211  on the airport and that the airport intends to dispose of the
 1212  property in any of the manners permitted in this section.
 1213         (3)If the airport elects to sell the property pursuant to
 1214  paragraph (2)(d), the property must be sold at a public auction
 1215  on the Internet or at a specified physical location after giving
 1216  notice of the time and place of sale, at least 10 calendar days
 1217  before the date of sale, in a publication of general circulation
 1218  within the county where the airport is located and after written
 1219  notice via certified mail, return receipt requested, is provided
 1220  to the owner, if known. Any such notice is deemed sufficient if
 1221  the notice refers to the airport’s intention to sell all then
 1222  accumulated found property, and the notice need not identify
 1223  each item to be sold. The rightful owner of such property may
 1224  reclaim the property at any time before sale by presenting to
 1225  the airport director or the director’s designee acceptable
 1226  evidence of ownership. All proceeds from the sale of the
 1227  property shall be retained by the airport for use by the airport
 1228  in any lawfully authorized manner.
 1229         (4)This section does not preclude the airport from
 1230  allowing a domestic or international air carrier or other tenant
 1231  on premises owned or controlled by the operator of a public-use
 1232  airport from establishing its own lost and found procedures for
 1233  personal property and from disposing of such personal property.
 1234         (5)A purchaser or recipient in good faith of personal
 1235  property sold or obtained under this section takes the property
 1236  free of the rights of persons then holding any legal or
 1237  equitable interest thereto, regardless of whether such interest
 1238  is recorded.
 1239         Section 27. Section 705.183, Florida Statutes, is created
 1240  to read:
 1241         705.183Disposal of derelict or abandoned aircraft on the
 1242  premises of public-use airports.—
 1243         (1)Whenever any derelict or abandoned aircraft is found or
 1244  located on premises owned or controlled by the operator of a
 1245  public-use airport, whether such premises are under a lease or
 1246  license to third parties, the director of the airport or the
 1247  director’s designee shall make a record of the date such
 1248  aircraft was found or determined to be present on the airport.
 1249  The term “derelict aircraft” means any aircraft that is not in a
 1250  flyable condition, does not have a current certificate of air
 1251  worthiness issued by the Federal Aviation Administration, or is
 1252  not in the process of actively being repaired. The term
 1253  “abandoned aircraft” means an aircraft that has been disposed of
 1254  on a public-use airport in a wrecked, inoperative, or partially
 1255  dismantled condition, or an aircraft that has remained in an
 1256  idle state on the premises owned or controlled by the operator
 1257  of a public-use airport for 45 consecutive calendar days.
 1258         (2)The director or the director’s designee shall contact
 1259  the Aircraft Registration Branch of the Federal Aviation
 1260  Administration in order to determine the name and address of the
 1261  last registered aircraft owner and make a diligent personal
 1262  search of the appropriate records, or contact an aircraft title
 1263  search company, in order to determine the name and address of
 1264  any person having an equitable or legal interest in the
 1265  aircraft. Within 10 business days after receipt of this
 1266  information, the director or the director’s designee shall
 1267  notify the owner and all persons having an equitable or legal
 1268  interest in the aircraft by certified mail, return receipt
 1269  requested, advising them of the location of the derelict or
 1270  abandoned aircraft on the airport; that fees and charges for the
 1271  use of the airport by the aircraft have accrued and the amount
 1272  thereof; that the aircraft is subject to a lien as provided in
 1273  subsection (5) for the accrued fees and charges for the use of
 1274  the airport and for the transportation, storage, and removal of
 1275  the aircraft; that the lien is subject to enforcement pursuant
 1276  to law; and that the airport may cause the use, trade, sale, or
 1277  removal of the aircraft as described in s. 705.182(2)(a), (b),
 1278  (d), and (e) if, within 30 calendar days after the date of
 1279  receipt of such notice, the aircraft has not been removed from
 1280  the airport upon payment in full of all accrued fees and charges
 1281  for the use of the airport and for the transportation, storage,
 1282  and removal of the aircraft. Such notice may require removal of
 1283  the aircraft in less than 30 calendar days if the aircraft poses
 1284  a danger to the health or safety of users of the airport, as
 1285  determined by the director or the director’s designee.
 1286         (3)If the owner of the aircraft is unknown or cannot be
 1287  found, the director or the director’s designee shall cause a
 1288  laminated notice to be placed upon such aircraft in
 1289  substantially the following form:
 1290  
 1291         NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
 1292         ATTACHED PROPERTY. This property, to wit: ...(setting
 1293         forth brief description)... is unlawfully upon public
 1294         property known as ...(setting forth brief description
 1295         of location)... and has accrued fees and charges for
 1296         the use of the ...(same description of location as
 1297         above)... and for the transportation, storage, and
 1298         removal of the property. These accrued fees and
 1299         charges must be paid in full and the property must be
 1300         removed within 30 calendar days following the date of
 1301         this notice; otherwise, the property will be removed
 1302         and disposed of pursuant to chapter 705, Florida
 1303         Statutes. The property is subject to a lien for all
 1304         accrued fees and charges for the use of the public
 1305         property known as ...(same description of location as
 1306         above)... by such property and for all fees and
 1307         charges incurred by the public property known as
 1308         ...(same description of location as above)... for the
 1309         transportation, storage, and removal of the property.
 1310         This lien is subject to enforcement pursuant to law.
 1311         The owner will be liable for these fees and charges,
 1312         as well as the cost for publication of this notice.
 1313         Dated this: ...(setting forth the date of posting of
 1314         notice)...., signed: ...(setting forth name, title,
 1315         address, and telephone number of law enforcement
 1316         officer)....
 1317  
 1318  Such notice must be at least 8 inches by 10 inches and
 1319  sufficiently weatherproof to withstand normal exposure to the
 1320  elements. If, at the end of 30 calendar days after posting the
 1321  notice, the owner or any person interested in the derelict or
 1322  abandoned aircraft described has not removed the aircraft from
 1323  the airport upon payment in full of all accrued fees and charges
 1324  for the use of the airport and for the transportation, storage,
 1325  and removal of the aircraft, or shown reasonable cause for
 1326  failure to do so, the director or the director’s designee may
 1327  cause the use, trade, sale, or removal of the aircraft as
 1328  described in s. 705.182(2)(a), (b), (d), and (e).
 1329         (4)Such aircraft shall be removed within the time period
 1330  specified in the notice provided under subsection (2) or (3).
 1331  If, at the end of such period, the owner or any person
 1332  interested in the derelict or abandoned aircraft has not removed
 1333  the aircraft from the airport upon payment in full of all
 1334  accrued fees and charges for the use of the airport and for the
 1335  transportation, storage, and removal of the aircraft, or shown
 1336  reasonable cause for the failure to do so, the director or the
 1337  director’s designee may cause the use, trade, sale, or removal
 1338  of the aircraft as described in s. 705.182(2)(a), (b), (d), and
 1339  (e).
 1340         (a)If the airport elects to sell the aircraft in
 1341  accordance with s. 705.182(2)(d), the aircraft must be sold at
 1342  public auction after giving notice of the time and place of sale
 1343  at least 10 calendar days before the date of sale in a
 1344  publication of general circulation within the county where the
 1345  airport is located and after providing written notice of the
 1346  intended sale to all parties known to have an interest in the
 1347  aircraft.
 1348         (b)If the airport elects to dispose of the aircraft in
 1349  accordance with s. 705.182(2)(e), the airport may negotiate with
 1350  the company for a price to be received from such company in
 1351  payment for the aircraft, or, if circumstances warrant, a price
 1352  to be paid to such company by the airport for the costs of
 1353  disposing of the aircraft. All information pertaining to the
 1354  establishment of such price and the justification for the amount
 1355  of such price shall be prepared and maintained by the airport,
 1356  and such negotiated price shall be deemed to be a commercially
 1357  reasonable price.
 1358         (c)If the sale price or the negotiated price is less than
 1359  the airport’s then-current charges and costs against the
 1360  aircraft, or if the airport is required to pay the salvage
 1361  company for its services, the owner of the aircraft remains
 1362  liable to the airport for the airport’s costs that are not
 1363  offset by the sale price or negotiated price, in addition to the
 1364  owner’s liability for payment to the airport of the price the
 1365  airport was required to pay any salvage company. All costs
 1366  incurred by the airport in the removal, storage, and sale of any
 1367  aircraft are recoverable against the owner thereof.
 1368         (5)The airport has a lien on derelict or abandoned
 1369  aircraft for all fees and charges for the use of the airport by
 1370  such aircraft and for all fees and charges incurred by the
 1371  airport for the transportation, storage, and removal of the
 1372  aircraft. As a prerequisite to perfecting a lien under this
 1373  section, the airport director or the director’s designee must
 1374  serve a notice in accordance with subsection (2) on the last
 1375  registered owner and all persons having an equitable or legal
 1376  interest in the aircraft. The serving of the notice does not
 1377  dispense with recording the claim of lien.
 1378         (6)(a)For the purpose of perfecting its lien under this
 1379  section, the airport shall record a claim of lien which must
 1380  state:
 1381         1.The name and address of the airport.
 1382         2.The name of the last registered aircraft owner and all
 1383  persons having a legal or equitable interest in the aircraft.
 1384         3.The fees and charges incurred by the aircraft for the
 1385  use of the airport, and the fees and charges for the
 1386  transportation, storage, and removal of the aircraft.
 1387         4.A description of the aircraft sufficient for
 1388  identification.
 1389         (b)The claim of lien shall be signed and sworn to or
 1390  affirmed by the airport director or the director’s designee.
 1391         (c)The claim of lien shall be sufficient if it is in
 1392  substantially the following form:
 1393  
 1394         CLAIM OF LIEN
 1395         State of ....
 1396         County of ....
 1397         Before me, the undersigned notary public, personally
 1398  appeared ........, who was duly sworn and says that he/she is
 1399  the .... of ........, whose address is ........; and that the
 1400  following described aircraft:
 1401         (Description of aircraft)
 1402         owned by ................, whose address is ........, has
 1403  accrued $.... in fees and charges for the use by the aircraft of
 1404  ........ and for the transportation, storage, and removal of the
 1405  aircraft from ........; that the lienor served its notice to the
 1406  last registered owner and all persons having a legal or
 1407  equitable interest in the aircraft on ...., ...(year)..., by
 1408  .........
 1409         ...(Signature)...
 1410         Sworn to (or affirmed) and subscribed before me this ....
 1411  day of ....,...(year)..., by ...(name of person making
 1412  statement)....
 1413         ...(Signature of Notary Public)......(Print, Type, or Stamp
 1414  Commissioned name of Notary Public)...
 1415         ...Personally Known or Produced as Identification....
 1416  
 1417  However, the negligent inclusion or omission of any information
 1418  in this claim of lien which does not prejudice the last
 1419  registered owner does not constitute a default that operates to
 1420  defeat an otherwise valid lien.
 1421         (d)The claim of lien shall be served on the last
 1422  registered aircraft owner and all persons having an equitable or
 1423  legal interest in the aircraft. The claim of lien shall be
 1424  served before recordation.
 1425         (e)The claim of lien shall be recorded in the clerk’s
 1426  office. The recording of the claim of lien constitutes
 1427  constructive notice to all persons of the contents and effect of
 1428  such claim. The lien attaches at the time of recordation and
 1429  takes priority as of that time.
 1430         (7)A purchaser or recipient in good faith of an aircraft
 1431  sold or obtained under this section takes the property free of
 1432  the rights of persons then holding any legal or equitable
 1433  interest thereto, whether recorded or not. The purchaser or
 1434  recipient shall notify the appropriate Federal Aviation
 1435  Administration office of such change in the registered owner of
 1436  the aircraft.
 1437         (8)If the aircraft is sold at public sale, the airport
 1438  shall deduct from the proceeds of sale the costs of
 1439  transportation, storage, and publication of notice and all other
 1440  costs reasonably incurred by the airport, and any balance of the
 1441  proceeds shall be deposited into an interest-bearing account
 1442  within 30 calendar days after the airport’s receipt of the
 1443  proceeds and held there for 1 year. The rightful owner of the
 1444  aircraft may claim the balance of the proceeds within 1 year
 1445  after the date of the deposit by making application to the
 1446  airport and presentation to the airport’s director or the
 1447  director’s designee of acceptable written evidence of ownership.
 1448  If no rightful owner comes forward with a claim to the proceeds
 1449  within the 1-year period, the balance of the proceeds shall be
 1450  retained by the airport to be used in any legally authorized
 1451  manner.
 1452         (9)Any person acquiring a legal interest in an aircraft
 1453  that is sold by an airport under the provisions of s. 705.182 or
 1454  this section is the lawful owner of such aircraft and all other
 1455  legal or equitable interests in such aircraft are divested and
 1456  of no further force and effect if the holder of any such legal
 1457  or equitable interest was notified of the intended disposal of
 1458  the aircraft to the extent required in this section. The airport
 1459  may issue documents of disposition to the purchaser or recipient
 1460  of an aircraft disposed of under this section.
 1461         Section 28. Section 705.184, Florida Statutes, is created
 1462  to read:
 1463         705.184Derelict or abandoned motor vehicles on the
 1464  premises of public-use airports.—
 1465         (1)Whenever any derelict or abandoned motor vehicle is
 1466  found on premises owned or controlled by the operator of a
 1467  public-use airport, including airport premises leased to third
 1468  parties, the director of the airport or the director’s designee
 1469  may take charge thereof and make a record of the date such motor
 1470  vehicle was found. The term “derelict motor vehicle” means any
 1471  motor vehicle that is not in a drivable condition. The term
 1472  “abandoned motor vehicle” means a motor vehicle that has been
 1473  disposed of on a public-use airport in a wrecked, inoperative,
 1474  or partially dismantled condition, or a motor vehicle that has
 1475  remained in an idle state on a public-use airport for 45
 1476  consecutive calendar days. After the information relating to the
 1477  derelict or abandoned motor vehicle is recorded in the airport’s
 1478  records, the director or the director’s designee may cause the
 1479  motor vehicle to be removed from airport premises by the
 1480  airport’s own wrecker or by a licensed independent wrecking
 1481  company and stored at a suitable location on or off the airport
 1482  premises. If the director or the director’s designee causes the
 1483  motor vehicle to be removed from airport premises by the
 1484  airport’s own wrecker, the airport is subject to the procedures
 1485  set forth in subsections (2)–(8). If the director or the
 1486  director’s designee causes the motor vehicle to be removed from
 1487  the airport premises by a licensed independent wrecking company,
 1488  the airport is not subject to the procedures set forth in
 1489  subsections (2)–(8).
 1490         (2)The airport director or the director’s designee shall
 1491  contact the Department of Highway Safety and Motor Vehicles in
 1492  order to notify the department that the airport has possession
 1493  of the subject motor vehicle and in order to determine the name
 1494  and address of the owner of the motor vehicle, the insurance
 1495  company insuring the motor vehicle notwithstanding the
 1496  provisions of s. 627.736, and any person who has filed a lien on
 1497  the motor vehicle. Within 7 business days after receipt of this
 1498  information, the director or the director’s designee shall send
 1499  notice by certified mail, return receipt requested, to the owner
 1500  of the motor vehicle, the insurance company insuring the motor
 1501  vehicle notwithstanding the provisions of s. 627.736, and all
 1502  persons of record claiming a lien against the motor vehicle. The
 1503  notice must state the fact of possession of the motor vehicle;
 1504  that charges for a reasonable tow fee, a reasonable storage fee,
 1505  or accrued parking fees, if any, have accrued and the amount
 1506  thereof; that a lien as provided in subsection (6) will be
 1507  claimed; that the lien is subject to enforcement pursuant to
 1508  law; that the owner or lienholder, if any, has the right to a
 1509  hearing as set forth in subsection (4); and that any motor
 1510  vehicle which, at the end of 30 calendar days after receipt of
 1511  the notice, has not been removed from the airport upon payment
 1512  in full of all accrued charges for a reasonable tow fee, a
 1513  reasonable storage fee, and parking fees, if any, may be
 1514  disposed of in any of the manners set forth in s. 705.182(2)(a),
 1515  (b), (d), and (e), including, but not limited to, the motor
 1516  vehicle being sold free of all prior liens after 35 calendar
 1517  days after the date on which the motor vehicle is stored if any
 1518  prior liens on the motor vehicle are more than 5 years of age,
 1519  or after 50 calendar days after the date on which the motor
 1520  vehicle is stored if any prior liens on the motor vehicle are 5
 1521  years of age or less.
 1522         (3)If attempts to notify the owner or lienholder pursuant
 1523  to subsection (2) prove unsuccessful, the requirement of notice
 1524  by mail is deemed met and the director or the director’s
 1525  designee, in accordance with the requirements of subsection (5),
 1526  may cause the motor vehicle to be disposed of in any of the
 1527  manners set forth in s. 705.182(2)(a), (b), (d), and (e),
 1528  including, but not limited to, the motor vehicle being sold free
 1529  of all prior liens after 35 calendar days after the date on
 1530  which the motor vehicle is stored if any prior liens on the
 1531  motor vehicle are more than 5 years of age, or after 50 calendar
 1532  days after the date on which the motor vehicle is stored if any
 1533  prior liens on the motor vehicle are 5 years of age or less.
 1534         (4)(a)The owner of, or any person with a lien on, a motor
 1535  vehicle removed pursuant to subsection (1) within 10 calendar
 1536  days after he or she obtains knowledge of the location of the
 1537  motor vehicle, may file a complaint in the county court of the
 1538  county in which the motor vehicle is stored to determine if his
 1539  or her property was wrongfully taken or withheld.
 1540         (b)Upon filing a complaint, an owner or lienholder may
 1541  have his or her motor vehicle released upon posting with the
 1542  court a cash or surety bond or other adequate security equal to
 1543  the amount of the fees for towing, storage, and accrued parking,
 1544  if any, to ensure the payment of such fees in the event he or
 1545  she does not prevail. Upon the posting of the bond or other
 1546  adequate security and the payment of any applicable fee, the
 1547  clerk of the court shall issue a certificate notifying the
 1548  airport of the posting of the bond or other adequate security
 1549  and directing the airport to release the motor vehicle. At the
 1550  time of such release, after reasonable inspection, the owner or
 1551  lienholder shall give a receipt to the airport reciting any
 1552  claims he or she has for loss or damage to the motor vehicle or
 1553  the contents thereof.
 1554         (5)If, after 30 calendar days after receipt of the notice,
 1555  the owner or any person claiming a lien has not removed the
 1556  motor vehicle from its storage location upon payment in full of
 1557  all accrued charges for a reasonable tow fee, a reasonable
 1558  storage fee, and parking fees, if any, or shown reasonable cause
 1559  for the failure to do so, the airport director or the director’s
 1560  designee may dispose of the motor vehicle by any of the manners
 1561  set forth in s. 705.182(2)(a), (b), (d), and (e). If the airport
 1562  elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
 1563  the motor vehicle may be sold free of all prior liens after 35
 1564  calendar days after the date on which the motor vehicle is
 1565  stored if any prior liens on the motor vehicle are more than 5
 1566  years of age, or after 50 calendar days after the date on which
 1567  the motor vehicle is stored if any prior liens on the motor
 1568  vehicle are 5 years of age or less. The sale shall be a public
 1569  auction on the Internet or at a specified physical location. If
 1570  the date of the sale was not included in the notice required in
 1571  subsection (2), notice of the sale sent by certified mail,
 1572  return receipt requested, shall be given to the owner of the
 1573  motor vehicle and to all persons claiming a lien on the motor
 1574  vehicle. Such notice shall be mailed at least 10 calendar days
 1575  before the date of the sale. In addition to the notice by mail,
 1576  public notice of the time and place of the sale at auction shall
 1577  be made by publishing a notice thereof one time, at least 10
 1578  calendar days before the date of sale, in a newspaper of general
 1579  circulation in the county in which the sale is to be held. All
 1580  costs incurred by the airport for the towing, storage, and sale
 1581  of the motor vehicle, as well as all accrued parking fees, if
 1582  any, shall be recovered by the airport from the proceeds of the
 1583  sale, and any proceeds of the sale in excess of these costs
 1584  shall be retained by the airport for use by the airport in any
 1585  lawfully authorized manner.
 1586         (6)Pursuant to this section, the airport or, if used, a
 1587  licensed independent wrecking company pursuant to s. 713.78, has
 1588  a lien on a derelict or abandoned motor vehicle for a reasonable
 1589  tow fee, a reasonable storage fee, and all accrued parking fees,
 1590  if any; except that a storage fee may not be charged if the
 1591  vehicle is stored less than 6 hours. As a prerequisite to
 1592  perfecting a lien under this section, the airport director or
 1593  the director’s designee must serve a notice in accordance with
 1594  subsection (2) on the owner of the motor vehicle, the insurance
 1595  company insuring the motor vehicle notwithstanding the
 1596  provisions of s. 627.736, and all persons of record claiming a
 1597  lien against the motor vehicle. If attempts to notify the owner,
 1598  the insurance company insuring the motor vehicle notwithstanding
 1599  the provisions of s. 627.736, or lienholders prove unsuccessful,
 1600  the requirement of notice by mail will be considered met. The
 1601  serving of the notice does not dispense with recording the claim
 1602  of lien.
 1603         (7)(a)For the purpose of perfecting its lien under this
 1604  section, the airport shall record a claim of lien, which must
 1605  state:
 1606         1.The name and address of the airport.
 1607         2.The name of the owner of the motor vehicle, the
 1608  insurance company insuring the motor vehicle notwithstanding the
 1609  provisions of s. 627.736, and all persons of record claiming a
 1610  lien against the motor vehicle.
 1611         3.The fees incurred for a reasonable tow, reasonable
 1612  storage, and parking, if any.
 1613         4.A description of the motor vehicle sufficient for
 1614  identification.
 1615         (b)The claim of lien shall be signed and sworn to or
 1616  affirmed by the airport director or the director’s designee.
 1617         (c)The claim of lien is sufficient if it is in
 1618  substantially the following form:
 1619  
 1620         CLAIM OF LIEN
 1621         State of ....
 1622         County of ....
 1623         Before me, the undersigned notary public, personally
 1624  appeared ........, who was duly sworn and says that he/she is
 1625  the ........ of ........, whose address is ........; and that
 1626  the following described motor vehicle:
 1627         ...(Description of motor vehicle)...
 1628         owned by ........, whose address is ........, has accrued
 1629  $.... in fees for a reasonable tow, for storage, and for
 1630  parking, if applicable; that the lienor served its notice to the
 1631  owner, the insurance company insuring the motor vehicle
 1632  notwithstanding the provisions of s. 627.736, and all persons of
 1633  record claiming a lien against the motor vehicle on ....,
 1634  ...(year)..., by .........
 1635         ...(Signature)...
 1636         Sworn to (or affirmed) and subscribed before me this ....
 1637  day of ...., ...(year)..., by ...(name of person making
 1638  statement)....
 1639         ...(Signature of Notary Public)...(...Print, Type, or Stamp
 1640  Commissioned name of Notary Public)...
 1641         ...Personally Known or Produced as Identification....
 1642  
 1643  However, the negligent inclusion or omission of any information
 1644  in this claim of lien which does not prejudice the owner does
 1645  not constitute a default that operates to defeat an otherwise
 1646  valid lien.
 1647         (d)The claim of lien shall be served on the owner of the
 1648  motor vehicle, the insurance company insuring the motor vehicle
 1649  notwithstanding the provisions of s. 627.736, and all persons of
 1650  record claiming a lien against the motor vehicle. If attempts to
 1651  notify the owner, the insurance company insuring the motor
 1652  vehicle notwithstanding the provisions of s. 627.736, or
 1653  lienholders prove unsuccessful, the requirement of notice by
 1654  mail will be deemed met. The claim of lien shall be served
 1655  before recordation.
 1656         (e)The claim of lien shall be recorded in the clerk’s
 1657  office. The recording of the claim of lien is constructive
 1658  notice to all persons of the contents and effect of such claim.
 1659  The lien attaches at the time of recordation and takes priority
 1660  as of that time.
 1661         (8)A purchaser or recipient in good faith of a motor
 1662  vehicle sold or obtained under this section takes the property
 1663  free of the rights of persons then holding any legal or
 1664  equitable interest thereto, regardless of whether such interest
 1665  is recorded.
 1666         Section 29. This act shall take effect July 1, 2010.

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