November 22, 2019
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       Florida Senate - 2010               CS for CS for CS for SB 2362
       
       
       
       By the Committees on Transportation and Economic Development
       Appropriations; Community Affairs; and Transportation; and
       Senator Gardiner
       
       
       606-04867-10                                          20102362c3
    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; providing that the county commission may
    8         apply the proceeds from the transportation system
    9         surtax to the planning, development, construction,
   10         operation, and maintenance of on-demand transportation
   11         services; amending s. 310.0015, F.S., relating to
   12         piloting regulation; conforming provisions to changes
   13         made by the act; amending s. 310.002, F.S.; changing
   14         the name of the Board of Pilot Commissioners to the
   15         “Florida Pilotage Board”; amending s. 310.011, F.S.;
   16         providing for the membership of the board; amending s.
   17         310.042, F.S.; providing that the business of the
   18         board must be presented to the board in the form of a
   19         written agenda; amending s. 310.151, F.S.; eliminating
   20         the Pilotage Rate Review Board and for its duties to
   21         be assumed by the Florida Pilotage Board; authorizing
   22         the Florida Pilotage Board to adopt rules; amending s.
   23         316.1001, F.S.; clarifying the method to be used in
   24         providing notice following the issuance of a citation
   25         for failure to pay a toll; providing that receipt of
   26         the citation rather than its mailing constitutes
   27         notification; authorizing any governmental entity,
   28         including the clerk of court, to provide specified
   29         data to the Department of Highway Safety and Motor
   30         Vehicles regarding outstanding violations for failure
   31         to pay tolls; amending s. 316.302, F.S.; updating a
   32         reference to current federal safety regulations for
   33         commercial motor vehicles; amending s. 316.545, F.S.;
   34         providing for a reduction in the gross weight of
   35         certain vehicles equipped with idle-reduction
   36         technologies when calculating a penalty for exceeding
   37         maximum weight limits; requiring that an operator
   38         provide certification of the weight of the idle
   39         reduction technology and demonstrate or certify that
   40         the idle-reduction technology is fully functional at
   41         all times; amending s. 316.550, F.S.; authorizing the
   42         Department of Transportation to issue permits for
   43         certain vehicles to operate on certain routes;
   44         providing restrictions on routes; providing conditions
   45         when vehicles must be unloaded; amending s. 318.18,
   46         F.S.; revising provisions for distribution of proceeds
   47         collected by the clerk of the court for disposition of
   48         citations for failure to pay a toll; providing
   49         alternative procedures for disposition of such
   50         citations; providing for adjudication to be withheld
   51         and no points assessed against the driver’s license
   52         unless adjudication is imposed by a court; authorizing
   53         a court to direct the department to suspend a person’s
   54         driver’s license for violations involving the failure
   55         to pay tolls; amending s. 320.03, F.S.; clarifying
   56         provisions requiring that the tax collector withhold
   57         issuance of a license plate or revalidation sticker if
   58         certain fines are outstanding; amending s. 320.08058,
   59         F.S.; revising authorized uses of revenue received
   60         from the sale of United We Stand license plates;
   61         amending s. 322.27, F.S.; providing for assessment of
   62         points against a driver’s license for specified
   63         violations of requirements to pay a toll only when the
   64         points are imposed by a court; repealing s. 332.14,
   65         F.S., relating to the Secure Airports for Florida’s
   66         Economy Council; providing for the use of funds
   67         accrued by the Secure Airports for Florida’s Economy
   68         Council; amending s. 337.14, F.S.; clarifying
   69         provisions relating to the submission of interim
   70         financial statements to the department along with
   71         applications for contractor qualification; amending s.
   72         337.195, F.S.; declaring certain provisions in motor
   73         carrier transportation contracts related to
   74         indemnification of promisees void and unenforceable;
   75         amending s. 337.401, F.S.; providing for the placement
   76         of and access to transmission lines that are adjacent
   77         to and within the right-of-way of any public road
   78         controlled by the Department of Transportation;
   79         amending s. 338.155, F.S.; authorizing the Department
   80         of Transportation to adopt rules related to the
   81         payment, collection, and enforcement of tolls;
   82         amending ss. 341.051 and 341.3025, F.S.; requiring the
   83         use of universal common contactless fare media on new
   84         or upgraded public rail transit systems or public
   85         transit systems connecting to such rail systems;
   86         amending s. 343.64, F.S.; authorizing the Central
   87         Florida Regional Transportation Authority to borrow
   88         funds under certain circumstances; amending s. 348.51,
   89         F.S.; setting forth the limited nature of the
   90         obligations issued by the Tampa-Hillsborough County
   91         Expressway Authority; amending s. 348.545, F.S.;
   92         clarifying authorization for the authority to issue
   93         bonds to finance improvements; amending s. 348.56,
   94         F.S.; prescribing additional authorization for the
   95         authority to issue bonds by or on behalf of the
   96         authority; authorizing the public or negotiated sale
   97         of bonds by the authority; amending s. 348.565, F.S.;
   98         revising revenue bond-issuance authority with respect
   99         to specific legislatively approved projects; amending
  100         s. 348.57, F.S.; prescribing additional authorization
  101         for the authority to issue refunding bonds; amending
  102         s. 348.70, F.S.; exempting the authority from certain
  103         provisions relating to issuance of bonds by state
  104         agencies; creating part XI of ch. 348, F.S.; creating
  105         s. 348.9950, F.S.; providing a short title; creating
  106         s. 348.9951, F.S.; providing that certain terms have
  107         the same meaning as in the Florida Expressway
  108         Authority Act for certain purposes; creating s.
  109         348.9952, F.S.; creating the Osceola County Expressway
  110         Authority as an agency of the state; providing for a
  111         governing body of the authority; providing for
  112         membership, terms, organization, personnel, and
  113         administration; authorizing payment of travel and
  114         other expenses; directing the authority to cooperate
  115         with and participate in any efforts to establish a
  116         regional expressway authority; declaring that the
  117         authority is not eligible for voting membership in
  118         certain metropolitan planning organizations; creating
  119         s. 348.9953, F.S.; providing purposes and powers of
  120         the authority; creating s. 348.9954, F.S.; authorizing
  121         the issuance of bonds to pay or secure certain
  122         obligations; creating s. 348.9955, F.S.; authorizing
  123         the authority to enter into certain agreements;
  124         creating s. 348.9956, F.S.; authorizing the department
  125         to act as the authority’s appointed agent under
  126         certain circumstances; creating s. 348.9957, F.S;
  127         authorizing the authority to acquire certain lands and
  128         property; authorizing the authority to exercise
  129         eminent domain; creating s. 348.9958, F.S.;
  130         authorizing certain entities to enter into agreements
  131         with the authority; creating s. 348.9959, F.S.;
  132         providing legislative intent and a pledge of the state
  133         to bondholders; creating s. 348.9960, F.S.; exempting
  134         the authority from taxation; creating s. 348.9961,
  135         F.S.; providing for dissolution of the authority under
  136         certain circumstances; amending s. 373.41492, F.S.;
  137         increasing the mitigation fee for mining activities in
  138         the Miami-Dade County Lake Belt; suspending an annual
  139         increase in the mitigation fee; revising the frequency
  140         of an interagency committee report; designating parts
  141         I and II of ch. 479, F.S.; amending s. 479.01, F.S.;
  142         clarifying the definitions of “commercial or
  143         industrial zone” and “main-traveled way”; defining the
  144         terms “allowable uses,” “commercial use,” “industrial
  145         use,” and “zoning category” for specified purposes;
  146         amending s. 479.261, F.S.; removing a provision
  147         authorizing the Department of Transportation to rotate
  148         certain logo signs relating to gas, food, and lodging
  149         services on the rights-of-way of the interstate
  150         highway system in the state during a specified period;
  151         reducing the annual permit fees for businesses
  152         participating in the interstate logo sign program;
  153         creating part III of ch. 479, F.S.; creating s.
  154         479.310, F.S.; providing legislative intent; creating
  155         s. 479.311, F.S.; providing that the county court and
  156         circuit court have concurrent jurisdiction; creating
  157         ss. 479.312, 479.313, and 479.314, F.S.; requiring
  158         that all costs incurred by the department to remove
  159         signs in certain locations on the interstate highway
  160         system, the federal-aid primary highway system, or the
  161         state highway system to be assessed and collected from
  162         certain persons under certain conditions; amending s.
  163         705.18, F.S.; deleting provisions relating to public
  164         use airports or its directors, as well as the required
  165         disposition of moneys from sale of property abandoned
  166         at a public-use airport; creating s. 705.182, F.S.;
  167         providing an eligibility period for personal property
  168         found on public-use airports to be claimed; providing
  169         options for disposing of personal property; providing
  170         procedures for selling abandoned personal property;
  171         providing for the notice of sale; authorizing an
  172         airport tenant to establish its own lost and found
  173         procedures; providing that a purchaser of certain
  174         property holds title to such property; creating s.
  175         705.183, F.S.; creating procedures for the disposal of
  176         derelict or abandoned aircraft on the premises of a
  177         public-use airport; requiring that the director of an
  178         airport or the director’s designee keep a record of
  179         such aircraft found at an airport; defining the terms
  180         “derelict aircraft” and “abandoned aircraft”;
  181         requiring that the director of an airport or the
  182         director’s designee make a determination of the
  183         identity of an aircraft owner and persons having legal
  184         interest in the aircraft; requiring notification of
  185         the aircraft owner and all persons having an equitable
  186         or legal interest in the aircraft; requiring that
  187         certain items be included in the notice; providing an
  188         exception; providing for notice if the owner of the
  189         aircraft is unknown or cannot be found; providing the
  190         form of such notice; providing for the placement of
  191         the notice; providing procedures for failure to remove
  192         an aircraft and pay fees; requiring that any sale of
  193         aircraft be made at a public auction; providing notice
  194         requirements for such public auction; providing
  195         procedures for disposing of an aircraft; providing for
  196         liability if the sale price is less than the charges
  197         and costs related to the aircraft; providing that a
  198         lien in favor of the airport exists under certain
  199         circumstances; providing for the payment of fees and
  200         charges related to the aircraft; requiring notice of
  201         any such lien; requiring the filing of a claim of
  202         lien; providing a form of the claim of lien; providing
  203         for service of the claim of lien; providing that the
  204         purchaser of the aircraft takes the property free of
  205         rights of persons holding legal or equitable interest
  206         in the aircraft; requiring that the purchaser or
  207         recipient notify the Federal Aviation Administration
  208         of the change in ownership; providing for the
  209         deduction of costs if an aircraft is sold at a public
  210         sale; requiring that the balance be deposited into an
  211         interest-bearing account; providing a deadline for the
  212         owner to claim the funds; authorizing the airport to
  213         retain the balance under certain circumstances;
  214         authorizing an airport to issue documents relating to
  215         the aircraft disposal; creating s. 705.184, F.S.;
  216         creating procedures for the disposal of derelict or
  217         abandoned motor vehicles on public-use airports;
  218         defining the terms “derelict motor vehicle” and
  219         “abandoned motor vehicle”; authorizing the removal of
  220         such a vehicle from the airport premises; requiring
  221         that the director of an airport or the director’s
  222         designee make a determination of the identity of the
  223         owner of the motor vehicle and the insurance company
  224         insuring the motor vehicle; requiring notification of
  225         the owner, insurer, and lienholder; requiring that
  226         certain information be included in the notice;
  227         providing an exception; providing a form for the
  228         notice; providing for the placement of such notice;
  229         authorizing an airport to take certain action if the
  230         owner or lienholder fails to remove the motor vehicle
  231         and pay applicable fees; requiring that any sale of a
  232         motor vehicle be made at a public auction; providing
  233         notice requirements for such auction; providing
  234         procedures for disposing of the motor vehicle;
  235         providing for liability if the sale price is less than
  236         the charges and costs related to the motor vehicle;
  237         providing for a lien in favor of the airport for all
  238         fees and charges related to the motor vehicle under
  239         certain circumstances; providing for notice of such
  240         lien; requiring the filing of a claim of lien;
  241         providing a form for the claim of such lien;
  242         specifying requirements for service of a claim of
  243         lien; providing that a purchaser of a motor vehicle
  244         takes the property free of rights of persons holding
  245         legal or equitable interest in the motor vehicle;
  246         providing an effective date.
  247  
  248  Be It Enacted by the Legislature of the State of Florida:
  249  
  250         Section 1. Subsection (1) of section 212.055, Florida
  251  Statutes, is amended to read:
  252         212.055 Discretionary sales surtaxes; legislative intent;
  253  authorization and use of proceeds.—It is the legislative intent
  254  that any authorization for imposition of a discretionary sales
  255  surtax shall be published in the Florida Statutes as a
  256  subsection of this section, irrespective of the duration of the
  257  levy. Each enactment shall specify the types of counties
  258  authorized to levy; the rate or rates which may be imposed; the
  259  maximum length of time the surtax may be imposed, if any; the
  260  procedure which must be followed to secure voter approval, if
  261  required; the purpose for which the proceeds may be expended;
  262  and such other requirements as the Legislature may provide.
  263  Taxable transactions and administrative procedures shall be as
  264  provided in s. 212.054.
  265         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
  266  SURTAX.—
  267         (a) Each charter county that has adopted a charter, and
  268  each county the government of which is consolidated with that of
  269  one or more municipalities, and each county that is within a
  270  regional transportation or transit authority created under
  271  chapter 343 or chapter 349, may levy a discretionary sales
  272  surtax, subject to approval by a majority vote of the electorate
  273  of the county or by a charter amendment approved by a majority
  274  vote of the electorate of the county.
  275         (b) The rate shall be up to 1 percent.
  276         (c) The proposal to adopt a discretionary sales surtax as
  277  provided in this subsection and to create a trust fund within
  278  the county accounts shall be placed on the ballot in accordance
  279  with law at a time to be set at the discretion of the governing
  280  body.
  281         (d) Proceeds from the surtax shall be applied to as many or
  282  as few of the uses enumerated below in whatever combination the
  283  county commission deems appropriate:
  284         1. Deposited by the county in the trust fund and shall be
  285  used for the purposes of development, construction, equipment,
  286  maintenance, operation, supportive services, including a
  287  countywide bus system, on-demand transportation services, and
  288  related costs of a fixed guideway rapid transit system;
  289         2. Remitted by the governing body of the county to an
  290  expressway, transit, or transportation authority created by law
  291  to be used, at the discretion of such authority, for the
  292  development, construction, operation, or maintenance of roads or
  293  bridges in the county, for the operation and maintenance of a
  294  bus system, for the operation and maintenance of on-demand
  295  transportation services, for the payment of principal and
  296  interest on existing bonds issued for the construction of such
  297  roads or bridges, and, upon approval by the county commission,
  298  such proceeds may be pledged for bonds issued to refinance
  299  existing bonds or new bonds issued for the construction of such
  300  roads or bridges;
  301         3. Used by the charter county for the development,
  302  construction, operation, and maintenance of roads and bridges in
  303  the county; for the expansion, operation, and maintenance of bus
  304  and fixed guideway systems; for the expansion, operation, and
  305  maintenance of on-demand transportation services; and for the
  306  payment of principal and interest on bonds issued for the
  307  construction of fixed guideway rapid transit systems, bus
  308  systems, roads, or bridges; and such proceeds may be pledged by
  309  the governing body of the county for bonds issued to refinance
  310  existing bonds or new bonds issued for the construction of such
  311  fixed guideway rapid transit systems, bus systems, roads, or
  312  bridges and no more than 25 percent used for nontransit uses;
  313  and
  314         4. Used by the charter county for the planning,
  315  development, construction, operation, and maintenance of roads
  316  and bridges in the county; for the planning, development,
  317  expansion, operation, and maintenance of bus and fixed guideway
  318  systems; for the planning, development, construction, operation,
  319  and maintenance of on-demand transportation services; and for
  320  the payment of principal and interest on bonds issued for the
  321  construction of fixed guideway rapid transit systems, bus
  322  systems, roads, or bridges; and such proceeds may be pledged by
  323  the governing body of the county for bonds issued to refinance
  324  existing bonds or new bonds issued for the construction of such
  325  fixed guideway rapid transit systems, bus systems, roads, or
  326  bridges. Pursuant to an interlocal agreement entered into
  327  pursuant to chapter 163, the governing body of the charter
  328  county may distribute proceeds from the tax to a municipality,
  329  or an expressway or transportation authority created by law to
  330  be expended for the purpose authorized by this paragraph. Any
  331  charter county that has entered into interlocal agreements for
  332  distribution of proceeds to one or more municipalities in the
  333  county shall revise such interlocal agreements no less than
  334  every 5 years in order to include any municipalities that have
  335  been created since the prior interlocal agreements were
  336  executed.
  337         Section 2. Paragraph (b) of subsection (3) of section
  338  310.0015, Florida Statutes, is amended to read:
  339         310.0015 Piloting regulation; general provisions.—
  340         (3) The rate-setting process, the issuance of licenses only
  341  in numbers deemed necessary or prudent by the board, and other
  342  aspects of the economic regulation of piloting established in
  343  this chapter are intended to protect the public from the adverse
  344  effects of unrestricted competition which would result from an
  345  unlimited number of licensed pilots being allowed to market
  346  their services on the basis of lower prices rather than safety
  347  concerns. This system of regulation benefits and protects the
  348  public interest by maximizing safety, avoiding uneconomic
  349  duplication of capital expenses and facilities, and enhancing
  350  state regulatory oversight. The system seeks to provide pilots
  351  with reasonable revenues, taking into consideration the normal
  352  uncertainties of vessel traffic and port usage, sufficient to
  353  maintain reliable, stable piloting operations. Pilots have
  354  certain restrictions and obligations under this system,
  355  including, but not limited to, the following:
  356         (b) Pilots may not unilaterally determine the pilotage
  357  rates they charge. Such pilotage rates shall instead be
  358  determined by the Florida Pilotage Rate Review Board, in the
  359  public interest, as set forth in s. 310.151.
  360         Section 3. Subsections (3) and (7) of section 310.002,
  361  Florida Statutes, are amended to read:
  362         310.002 Definitions.—As used in this chapter, except where
  363  the context clearly indicates otherwise:
  364         (3) “Board” means the Florida Pilotage Board of Pilot
  365  Commissioners.
  366         (7) “Pilotage” means the compensation fixed by the Florida
  367  Pilotage Rate Review Board which is payable by a vessel, its
  368  owners, agents, charterers, or consignees to one or more pilots
  369  in the port where piloting is performed. The word “pilotage”
  370  also means the compensation of all types and sources derived by
  371  one or more pilots or deputy pilots for the performance of
  372  piloting at that port by licensed pilots or by certificated
  373  deputy pilots, whether such piloting is performed pursuant to
  374  this chapter or is performed by state-licensed pilots or state
  375  certificated deputy pilots when acting as a federal pilot for
  376  vessels not required by this chapter to use a state-licensed
  377  pilot or state-certificated deputy pilot.
  378         Section 4. Section 310.011, Florida Statutes, is amended to
  379  read:
  380         310.011 Florida Pilotage Board of Pilot Commissioners.—
  381         (1) A board is established within the Division of
  382  Professions of the Department of Business and Professional
  383  Regulation to be known as the Florida Pilotage Board of Pilot
  384  Commissioners. The board shall be composed of seven 10 members,
  385  to be appointed by the Governor, 5 of whom shall be licensed
  386  state pilots actively practicing their profession. The board
  387  shall perform such duties and possess and exercise such powers
  388  relative to the protection of the waters, harbors, and ports of
  389  this state as are prescribed and conferred on it in this
  390  chapter.
  391         (2) In accordance with the requirements of subsection (1),
  392  the Governor shall appoint seven five licensed state pilots who
  393  are actively practicing their profession and five citizens of
  394  the state, two of whom shall be licensed state pilots who are
  395  actively practicing their profession, two of whom shall be
  396  actively involved in a professional or business capacity in
  397  maritime or marine shipping or the commercial passenger cruise
  398  industry, one of whom shall be a certified public accountant
  399  with at least 5 years’ experience in financial management, and
  400  two citizens of the state who are not pilots, one of whom shall
  401  be actively involved in a professional or business capacity in
  402  maritime or marine shipping, one of whom shall be a user of
  403  piloting services, and three of whom shall not be involved or
  404  monetarily interested in the piloting profession or in the
  405  maritime industry or marine shipping, to constitute the members
  406  of the board. For purposes of this subsection, a “user of
  407  piloting services” may include any person with an ownership
  408  interest in a business that regularly employs licensed state
  409  pilots or certificated deputy pilots for the purpose of
  410  delivering piloting services, or any person who is a direct
  411  employee of, and who is employed in a management position for,
  412  that business. Each member shall be appointed for a term of 4
  413  years. The Governor shall have power to remove members of the
  414  board from office for neglect of duty required by this chapter,
  415  for incompetency, or for unprofessional conduct. Any vacancy
  416  which may occur in the board in consequence of death,
  417  resignation, removal from the state, or other cause shall be
  418  filled for the unexpired term by the Governor in the same
  419  manner. A majority of those serving on the board shall
  420  constitute a quorum and action by a majority of a quorum only
  421  shall be lawful and enforceable.
  422         (3) In appointing members to the board who are pilots, the
  423  Governor shall appoint one member from the state at large; one
  424  member from any of the following ports: Pensacola, Panama City,
  425  or Port St. Joe,; one member from any of the following ports:
  426  Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
  427  West; and one member from any of the following ports:
  428  Fernandina, Jacksonville, or Port Canaveral,; and one member
  429  from any of the following ports: Ft. Pierce, Miami, Port
  430  Everglades, or Palm Beach.
  431         Section 5. Present subsection (3) of section 310.042,
  432  Florida Statutes, is renumbered as subsection (4), and a new
  433  subsection (3) is added to that section, to read:
  434         310.042 Organization of board; meetings.—
  435         (3)The business of the board shall be presented to the
  436  board in the form of a written agenda. The agenda shall be set
  437  by the chair and shall include items of business requested by
  438  the board members. The written agenda shall be provided as part
  439  of the notice required by subsection (2).
  440         Section 6. Section 310.151, Florida Statutes, is amended to
  441  read:
  442         310.151 Rates of pilotage; Pilotage Rate Review Board.—
  443         (1)(a)For the purposes of this section, “board” means the
  444  Pilotage Rate Review Board.
  445         (b)1.To carry out the provisions of this section, the
  446  Pilotage Rate Review Board is created within the Department of
  447  Business and Professional Regulation. Members shall be appointed
  448  by the Governor, subject to confirmation by the Senate. Members
  449  shall be appointed for 4-year terms, except as otherwise
  450  specified in this paragraph. No member may serve more than two
  451  consecutive 4-year terms or more than 11 years on the board. The
  452  board shall consist of seven members. No member may have ever
  453  served as a state pilot or deputy pilot, and no member may
  454  currently serve or have served as a direct employee, contract
  455  employee, partner, corporate officer, sole proprietor, or
  456  representative of any vessel operator, shipping agent, or pilot
  457  association or organization, except that one member shall be or
  458  have been a person licensed by the United States Coast Guard as
  459  an unlimited master, without a first-class pilot’s endorsement,
  460  initially appointed to a 2-year term. One member shall be a
  461  certified public accountant with at least 5 years’ experience in
  462  financial management, initially appointed to a 3-year term. One
  463  member shall be a former hearing officer or administrative law
  464  judge of the Division of Administrative Hearings, as defined in
  465  s. 120.65, or a former judge who has served on the Supreme Court
  466  or any district court of appeal, circuit court, or county court,
  467  initially appointed to a 4-year term. Except as otherwise
  468  provided in subparagraph 2., the remaining members shall be
  469  appointed by the Governor from among persons not prohibited
  470  pursuant to this paragraph. Members of the board shall be
  471  appointed so as to be geographically distributed, with the
  472  southern, central, northeastern, and northwestern regions of the
  473  state having at least one member each.
  474         2.Three members shall be the consumer members of the Board
  475  of Pilot Commissioners serving on that board as of January 1,
  476  1994. Of those members, one shall be appointed to a 1-year term,
  477  one shall be appointed to a 2-year term, and one shall be
  478  appointed to a 3-year term. Each of those members shall be
  479  eligible for reappointment in the same fashion as other members
  480  of the board, but, thereafter, no member of the board shall be a
  481  current or former member of the Board of Pilot Commissioners.
  482  The service of the consumer members of the Board of Pilot
  483  Commissioners on this board, while they are maintaining
  484  concurrent membership with the Board of Pilot Commissioners,
  485  shall be considered duties in addition to and related to their
  486  duties on the Board of Pilot Commissioners. In the event that
  487  any of the three board members stipulated according to this
  488  subparagraph are unable to serve, the Governor shall fill the
  489  position or positions by appointment from among persons not
  490  prohibited pursuant to this paragraph.
  491         (a)(c) The board may has authority to adopt rules pursuant
  492  to ss. 120.536(1) and 120.54 to implement provisions of this
  493  section conferring duties upon it. The department shall provide
  494  the staff required by the board to carry out its duties under
  495  this section.
  496         (b)(d) All funds received pursuant to this section shall be
  497  placed in the account of the board of Pilot Commissioners, and
  498  the board of Pilot Commissioners shall pay for all expenses
  499  incurred pursuant to this section.
  500         (2) Any pilot, group of pilots, or other person or group of
  501  persons whose substantial interests are directly affected by the
  502  rates established by the board may apply to the board for a
  503  change in rates. However, an application for a change in rates
  504  shall not be considered for any port for which rates have been
  505  changed by this board in the 18 months preceding the filing of
  506  the application. All applications for changes in rates shall be
  507  made to the board, in writing, pursuant to rules prescribed by
  508  the board. In the case of an application for a rate change on
  509  behalf of a pilot or group of pilots, the application shall be
  510  accompanied by a consolidated financial statement, statement of
  511  profit or loss, and balance sheet prepared by a certified public
  512  accountant of the pilot or group of pilots and all relevant
  513  information, fiscal and otherwise, on the piloting activities
  514  within the affected port area, including financial information
  515  on all entities owned or partially owned by the pilot or group
  516  of pilots which provide pilot-related services in the affected
  517  port area. In the case of an application for a rate change filed
  518  on behalf of persons other than a pilot or group of pilots,
  519  information regarding the financial state of interested parties
  520  other than pilots shall be required only to the extent that such
  521  financial information is made relevant by the application or
  522  subsequent argument before the board. The board shall have the
  523  authority to set, by rule, a rate review application fee of up
  524  to $1,000, which must be submitted to the board upon the filing
  525  of the application for a rate change.
  526         (3) The board shall investigate and determine whether the
  527  requested rate change will result in fair, just, and reasonable
  528  rates of pilotage pursuant to rules prescribed by the board. In
  529  addition to publication as required by law, notice of a hearing
  530  to determine rates shall be mailed to each person who has
  531  formally requested notice of any rate change in the affected
  532  port area. The notice shall advise all interested parties that
  533  they may file an answer, an additional or alternative petition,
  534  or any other applicable pleading or response, within 30 days
  535  after the date of publication of the notice, and the notice
  536  shall specify the last date by which any such pleading must be
  537  filed. The board may, for good cause, extend the period for
  538  responses to a petition. Multiple petitions filed in this manner
  539  do not warrant separate hearings, and these petitions shall be
  540  consolidated to the extent that it shall not be necessary to
  541  hold a separate hearing on each petition. The board shall
  542  conclude its investigation, conduct a public hearing, and
  543  determine whether to modify the existing rates of pilotage in
  544  that port within 60 days after the filing of the completed
  545  application, except that the board may not be required to
  546  complete a hearing for more than one port within any 60-day
  547  period. Hearings shall be held in the affected port area, unless
  548  a different location is agreed upon by all parties to the
  549  proceeding.
  550         (4)(a) The applicant shall be given written notice, either
  551  in person or by certified mail, that the board intends to modify
  552  the pilotage rates in that port and that the applicant may,
  553  within 21 days after receipt of the notice, request a hearing
  554  pursuant to the Administrative Procedure Act. Notice of the
  555  intent to modify the pilotage rates in that port shall also be
  556  published in the Florida Administrative Weekly and in a
  557  newspaper of general circulation in the affected port area and
  558  shall be mailed to any person who has formally requested notice
  559  of any rate change in the affected port area. Within 21 days
  560  after receipt or publication of notice, any person whose
  561  substantial interests will be affected by the intended board
  562  action may request a hearing pursuant to the Administrative
  563  Procedure Act. If the board concludes that the petitioner has
  564  raised a disputed issue of material fact, the board shall
  565  designate a hearing, which shall be conducted by formal
  566  proceeding before an administrative law judge assigned by the
  567  Division of Administrative Hearings pursuant to ss. 120.569 and
  568  120.57(1), unless waived by all parties. If the board concludes
  569  that the petitioner has not raised a disputed issue of material
  570  fact and does not designate the petition for hearing, that
  571  decision shall be considered final agency action for purposes of
  572  s. 120.68. The failure to request a hearing within 21 days after
  573  receipt or publication of notice shall constitute a waiver of
  574  any right to an administrative hearing and shall cause the order
  575  modifying the pilotage rates in that port to be entered. If an
  576  administrative hearing is requested pursuant to this subsection,
  577  notice of the time, date, and location of the hearing shall be
  578  published in the Florida Administrative Weekly and in a
  579  newspaper of general circulation in the affected port area and
  580  shall be mailed to the applicant and to any person who has
  581  formally requested notice of any rate change for the affected
  582  port area.
  583         (b) In any administrative proceeding pursuant to this
  584  section, the board’s proposed rate determination shall be
  585  immediately effective and shall not be stayed during the
  586  administrative proceeding, provided that, pending rendition of
  587  the board’s final order, the pilot or pilots in the subject port
  588  deposit in an interest-bearing account all amounts received
  589  which represent the difference between the previous rates and
  590  the proposed rates. The pilot or pilots in the subject port
  591  shall keep an accurate accounting of all amounts deposited,
  592  specifying by whom or on whose behalf such amounts were paid,
  593  and shall produce such an accounting upon request of the board.
  594  Upon rendition of the board’s final order:
  595         1. Any amounts deposited in the interest-bearing account
  596  which are sustained by the final order shall be paid over to the
  597  pilot or pilots in the subject port, including all interest
  598  accrued on such funds; and
  599         2. Any amounts deposited which exceed the rates sustained
  600  in the board’s final order shall be refunded, with the accrued
  601  interest, to those customers from whom the funds were collected.
  602  Any funds that are not refunded after diligent effort of the
  603  pilot or pilots to do so shall be disbursed by the pilot or
  604  pilots as the board shall direct.
  605         (5)(a) In determining whether the requested rate change
  606  will result in fair, just, and reasonable rates, the board shall
  607  give primary consideration to the public interest in promoting
  608  and maintaining efficient, reliable, and safe piloting services.
  609         (b) The board shall also give consideration to the
  610  following factors:
  611         1. The public interest in having qualified pilots available
  612  to respond promptly to vessels needing their service.
  613         2. A determination of the average net income of pilots in
  614  the port, including the value of all benefits derived from
  615  service as a pilot. For the purposes of this subparagraph, “net
  616  income of pilots” refers to total pilotage fees collected in the
  617  port, minus reasonable operating expenses, divided by the number
  618  of licensed and active state pilots within the ports.
  619         3. Reasonable operating expenses of pilots.
  620         4. Pilotage rates in other ports.
  621         5. The amount of time each pilot spends on actual piloting
  622  duty and the amount of time spent on other essential support
  623  services.
  624         6. The prevailing compensation available to individuals in
  625  other maritime services of comparable professional skill and
  626  standing as that sought in pilots, it being recognized that in
  627  order to attract to the profession of piloting, and to hold the
  628  best and most qualified individuals as pilots, the overall
  629  compensation accorded pilots should be equal to or greater than
  630  that available to such individuals in comparable maritime
  631  employment.
  632         7. The impact rate change may have in individual pilot
  633  compensation and whether such change will lead to a shortage of
  634  licensed state pilots, certificated deputy pilots, or qualified
  635  pilot applicants.
  636         8. Projected changes in vessel traffic.
  637         9. Cost of retirement and medical plans.
  638         10. Physical risks inherent in piloting.
  639         11. Special characteristics, dangers, and risks of the
  640  particular port.
  641         12. Any other factors the board deems relevant in
  642  determining a just and reasonable rate.
  643         (c) The board may take into consideration the consumer
  644  price index or any other comparable economic indicator when
  645  fixing rates of pilotage; however, because the consumer price
  646  index or such other comparable economic indicator is primarily
  647  related to net income rather than rates, the board shall not use
  648  it as the sole factor in fixing rates of pilotage.
  649         (6) The board shall fix rates of pilotage pursuant to this
  650  section based upon the following vessel characteristics:
  651         (a) Length.
  652         (b) Beam.
  653         (c) Net tonnage, gross tonnage, or dead weight tonnage.
  654         (d) Freeboard or height above the waterline.
  655         (e) Draft or molded depth.
  656         (f) Any combination of the vessel characteristics listed in
  657  this subsection or any other relevant vessel characteristic or
  658  characteristics.
  659         Section 7. Paragraph (b) of subsection (2) and subsection
  660  (4) of section 316.1001, Florida Statutes, are amended to read:
  661         316.1001 Payment of toll on toll facilities required;
  662  penalties.—
  663         (2)
  664         (b) A citation issued under this subsection may be issued
  665  by mailing the citation by first-class first class mail, or by
  666  certified mail, return receipt requested, to the address of the
  667  registered owner of the motor vehicle involved in the violation.
  668  Receipt of Mailing the citation to this address constitutes
  669  notification. In the case of joint ownership of a motor vehicle,
  670  the traffic citation must be mailed to the first name appearing
  671  on the registration, unless the first name appearing on the
  672  registration is a business organization, in which case the
  673  second name appearing on the registration may be used. A
  674  citation issued under this paragraph must be mailed to the
  675  registered owner of the motor vehicle involved in the violation
  676  within 14 days after the date of issuance of the citation
  677  violation. In addition to the citation, notification must be
  678  sent to the registered owner of the motor vehicle involved in
  679  the violation specifying remedies available under ss. 318.14(12)
  680  and 318.18(7).
  681         (4) Any governmental entity, including, without limitation,
  682  a clerk of court, may provide supply the department with data
  683  that is machine readable by the department’s computer system,
  684  listing persons who have one or more outstanding violations of
  685  this section, with reference to the person’s driver’s license
  686  number or vehicle registration number in the case of a business
  687  entity. Pursuant to s. 320.03(8), those persons may not be
  688  issued a license plate or revalidation sticker for any motor
  689  vehicle.
  690         Section 8. Subsection (1) of section 316.302, Florida
  691  Statutes, is amended to read:
  692         316.302 Commercial motor vehicles; safety regulations;
  693  transporters and shippers of hazardous materials; enforcement.—
  694         (1)(a) All owners and drivers of commercial motor vehicles
  695  that are operated on the public highways of this state while
  696  engaged in interstate commerce are subject to the rules and
  697  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  698         (b) Except as otherwise provided in this section, all
  699  owners or drivers of commercial motor vehicles that are engaged
  700  in intrastate commerce are subject to the rules and regulations
  701  contained in 49 C.F.R. parts 382, 385, and 390-397, with the
  702  exception of 49 C.F.R. s. 390.5 as it relates to the definition
  703  of bus, as such rules and regulations existed on October 1, 2009
  704  2007.
  705         (c) Except as provided in s. 316.215(5), and except as
  706  provided in s. 316.228 for rear overhang lighting and flagging
  707  requirements for intrastate operations, the requirements of this
  708  section supersede all other safety requirements of this chapter
  709  for commercial motor vehicles.
  710         Section 9. Subsection (3) of section 316.545, Florida
  711  Statutes, is amended to read:
  712         316.545 Weight and load unlawful; special fuel and motor
  713  fuel tax enforcement; inspection; penalty; review.—
  714         (3) Any person who violates the overloading provisions of
  715  this chapter shall be conclusively presumed to have damaged the
  716  highways of this state by reason of such overloading, which
  717  damage is hereby fixed as follows:
  718         (a) When the excess weight is 200 pounds or less than the
  719  maximum herein provided, the penalty shall be $10;
  720         (b) Five cents per pound for each pound of weight in excess
  721  of the maximum herein provided when the excess weight exceeds
  722  200 pounds. However, whenever the gross weight of the vehicle or
  723  combination of vehicles does not exceed the maximum allowable
  724  gross weight, the maximum fine for the first 600 pounds of
  725  unlawful axle weight shall be $10;
  726         (c) For a vehicle equipped with fully functional idle
  727  reduction technology, any penalty shall be calculated by
  728  reducing the actual gross vehicle weight or the internal bridge
  729  weight by the certified weight of the idle-reduction technology
  730  or by 400 pounds, whichever is less. The vehicle operator must
  731  present written certification of the weight of the idle
  732  reduction technology and must demonstrate or certify that the
  733  idle-reduction technology is fully functional at all times. Such
  734  calculation may not be used for vehicles described in s.
  735  316.535(6);
  736         (d)(c) An apportioned motor vehicle, as defined in s.
  737  320.01, operating on the highways of this state without being
  738  properly licensed and registered shall be subject to the
  739  penalties as herein provided; and
  740         (e)(d) Vehicles operating on the highways of this state
  741  from nonmember International Registration Plan jurisdictions
  742  which are not in compliance with the provisions of s. 316.605
  743  shall be subject to the penalties as herein provided.
  744         Section 10. Present subsections (4) through (10) of section
  745  316.550, Florida Statutes, are renumbered as subsections (5)
  746  through (11), respectively, and a new subsection (4) is added to
  747  that section, to read:
  748         316.550 Operations not in conformity with law; special
  749  permits.—
  750         (4)(a)The Department of Transportation or local authority
  751  may issue permits that authorize commercial vehicles having
  752  weights not exceeding the limits of s. 316.535(5), plus the
  753  scale tolerance provided in s. 316.545(2), to operate off the
  754  Interstate Highway System on a designated route specified in the
  755  permit. Such permits shall be issued within 14 days after
  756  receipt of the request.
  757         (b) The designated route shall avoid any bridge that the
  758  Department of Transportation determines cannot safely
  759  accommodate vehicles having a gross vehicle weight authorized in
  760  paragraph (a).
  761         (c) Any vehicle, or combination of vehicles, which exceeds
  762  the weight limits authorized in paragraph (a) shall be unloaded
  763  and all material so unloaded shall be cared for by the owner or
  764  operator.
  765         Section 11. Subsection (7) of section 318.18, Florida
  766  Statutes, is amended to read:
  767         318.18 Amount of penalties.—The penalties required for a
  768  noncriminal disposition pursuant to s. 318.14 or a criminal
  769  offense listed in s. 318.17 are as follows:
  770         (7) Mandatory $100 fine for each violation of s. 316.1001
  771  plus the amount of the unpaid toll shown on the traffic citation
  772  for each citation issued. The clerk of the court shall forward
  773  $25 of the $100 fine received, plus the amount of the unpaid
  774  toll that is shown on the citation, to the governmental entity
  775  that issued the citation for citations issued by toll
  776  enforcement officers or to the entity administering the tolls at
  777  the facility where the violation occurred for citations issued
  778  by law enforcement officers. However, a person may elect to pay
  779  $30 to the clerk of the court, plus the amount of the unpaid
  780  toll which is shown on the citation, in which case adjudication
  781  is withheld, and no points may be assessed under s. 322.27. Upon
  782  receipt of the $30 and unpaid toll amount, the clerk of the
  783  court shall retain $5 for administrative purposes and shall
  784  forward the remaining $25, plus the amount of the unpaid toll
  785  shown on the citation, to the governmental entity that issued
  786  the citation for citations issued by toll enforcement officers
  787  or to the entity administering the tolls at the facility where
  788  the violation occurred for citations issued by law enforcement
  789  officers. Additionally, adjudication shall be withheld and no
  790  points shall be assessed under s. 322.27, except when
  791  adjudication is imposed by the court after a hearing pursuant to
  792  s. 318.14(5), or on whose behalf the citation was issued. If a
  793  plea arrangement is reached prior to the date set for a
  794  scheduled evidentiary hearing and, as a result of the plea,
  795  adjudication is withheld, there shall be a mandatory fine
  796  assessed per citation of not less than $50 and not more than
  797  $100, plus the amount of the unpaid toll for each citation
  798  issued. The clerk of the court shall forward $25 of the fine
  799  imposed plus the amount of the unpaid toll that is shown on the
  800  citation to the governmental entity that issued the citation for
  801  citations issued by toll enforcement officers or to the entity
  802  administering the tolls at the facility where the violation
  803  occurred for citations issued by law enforcement officers or on
  804  whose behalf the citation was issued. The court shall have
  805  specific authority to consolidate issued citations for the same
  806  defendant for the purpose of sentencing and aggregate
  807  jurisdiction. In addition, the court may direct the department
  808  to shall suspend for 60 days the driver’s license of a person
  809  who is convicted of 10 violations of s. 316.1001 within a 36
  810  month period. Any funds received by a governmental entity for
  811  this violation may be used for any lawful purpose related to the
  812  operation or maintenance of a toll facility.
  813         Section 12. Subsection (8) of section 320.03, Florida
  814  Statutes, is amended to read:
  815         320.03 Registration; duties of tax collectors;
  816  International Registration Plan.—
  817         (8) If the applicant’s name appears on the list referred to
  818  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
  819  plate or revalidation sticker may not be issued until that
  820  person’s name no longer appears on the list or until the person
  821  presents a receipt from the governmental entity or the clerk of
  822  court that provided the data showing that the fines outstanding
  823  have been paid. This subsection does not apply to the owner of a
  824  leased vehicle if the vehicle is registered in the name of the
  825  lessee of the vehicle. The tax collector and the clerk of the
  826  court are each entitled to receive monthly, as costs for
  827  implementing and administering this subsection, 10 percent of
  828  the civil penalties and fines recovered from such persons. As
  829  used in this subsection, the term “civil penalties and fines”
  830  does not include a wrecker operator’s lien as described in s.
  831  713.78(13). If the tax collector has private tag agents, such
  832  tag agents are entitled to receive a pro rata share of the
  833  amount paid to the tax collector, based upon the percentage of
  834  license plates and revalidation stickers issued by the tag agent
  835  compared to the total issued within the county. The authority of
  836  any private agent to issue license plates shall be revoked,
  837  after notice and a hearing as provided in chapter 120, if he or
  838  she issues any license plate or revalidation sticker contrary to
  839  the provisions of this subsection. This section applies only to
  840  the annual renewal in the owner’s birth month of a motor vehicle
  841  registration and does not apply to the transfer of a
  842  registration of a motor vehicle sold by a motor vehicle dealer
  843  licensed under this chapter, except for the transfer of
  844  registrations which is inclusive of the annual renewals. This
  845  section does not affect the issuance of the title to a motor
  846  vehicle, notwithstanding s. 319.23(7)(b).
  847         Section 13. Paragraph (b) of subsection (32) of section
  848  320.08058, Florida Statutes, is amended to read:
  849         320.08058 Specialty license plates.—
  850         (32) UNITED WE STAND LICENSE PLATES.—
  851         (b) The department shall retain all revenues from the sale
  852  of such plates until all startup costs for developing and
  853  issuing the plates have been recovered. Thereafter, 100 percent
  854  of the annual use fee shall be distributed to the Department of
  855  Transportation to fund security-related aviation projects
  856  pursuant to chapter 332 SAFE Council to fund a grant program to
  857  enhance security at airports throughout the state, pursuant to
  858  s. 332.14.
  859         Section 14. Paragraph (d) of subsection (3) of section
  860  322.27, Florida Statutes, is amended to read:
  861         322.27 Authority of department to suspend or revoke
  862  license.—
  863         (3) There is established a point system for evaluation of
  864  convictions of violations of motor vehicle laws or ordinances,
  865  and violations of applicable provisions of s. 403.413(6)(b) when
  866  such violations involve the use of motor vehicles, for the
  867  determination of the continuing qualification of any person to
  868  operate a motor vehicle. The department is authorized to suspend
  869  the license of any person upon showing of its records or other
  870  good and sufficient evidence that the licensee has been
  871  convicted of violation of motor vehicle laws or ordinances, or
  872  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  873  more points as determined by the point system. The suspension
  874  shall be for a period of not more than 1 year.
  875         (d) The point system shall have as its basic element a
  876  graduated scale of points assigning relative values to
  877  convictions of the following violations:
  878         1. Reckless driving, willful and wanton—4 points.
  879         2. Leaving the scene of a crash resulting in property
  880  damage of more than $50—6 points.
  881         3. Unlawful speed resulting in a crash—6 points.
  882         4. Passing a stopped school bus—4 points.
  883         5. Unlawful speed:
  884         a. Not in excess of 15 miles per hour of lawful or posted
  885  speed—3 points.
  886         b. In excess of 15 miles per hour of lawful or posted
  887  speed—4 points.
  888         6. A violation of a traffic control signal device as
  889  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  890         7. All other moving violations (including parking on a
  891  highway outside the limits of a municipality)—3 points. However,
  892  no points shall be imposed for a violation of s. 316.0741 or s.
  893  316.2065(12); and points shall be imposed for a violation of s.
  894  316.1001 only when imposed by the court after a hearing pursuant
  895  to s. 318.14(5).
  896         8. Any moving violation covered above, excluding unlawful
  897  speed, resulting in a crash—4 points.
  898         9. Any conviction under s. 403.413(6)(b)—3 points.
  899         10. Any conviction under s. 316.0775(2)—4 points.
  900         Section 15. Section 332.14, Florida Statutes, is repealed.
  901         Section 16. All funds accrued by the Secure Airports for
  902  Florida’s Economy Council prior to July 1, 2010, shall be
  903  retained by the Department of Transportation. The Department of
  904  Transportation is authorized to use these funds for statewide
  905  training purposes relating to airport security and management.
  906  The Department of Transportation is further authorized to use
  907  these funds for security-related aviation projects pursuant to
  908  chapter 332, Florida Statutes.
  909         Section 17. Subsection (1) of section 337.14, Florida
  910  Statutes, is amended to read:
  911         337.14 Application for qualification; certificate of
  912  qualification; restrictions; request for hearing.—
  913         (1) Any person desiring to bid for the performance of any
  914  construction contract in excess of $250,000 which the department
  915  proposes to let must first be certified by the department as
  916  qualified pursuant to this section and rules of the department.
  917  The rules of the department shall address the qualification of
  918  persons to bid on construction contracts in excess of $250,000
  919  and shall include requirements with respect to the equipment,
  920  past record, experience, financial resources, and organizational
  921  personnel of the applicant necessary to perform the specific
  922  class of work for which the person seeks certification. The
  923  department may is authorized to limit the dollar amount of any
  924  contract upon which a person is qualified to bid or the
  925  aggregate total dollar volume of contracts such person is
  926  allowed to have under contract at any one time. Each applicant
  927  seeking qualification to bid on construction contracts in excess
  928  of $250,000 shall furnish the department a statement under oath,
  929  on such forms as the department may prescribe, setting forth
  930  detailed information as required on the application. Each
  931  application for certification shall be accompanied by the latest
  932  annual financial statement of the applicant completed within the
  933  last 12 months. If the application or the annual financial
  934  statement shows the financial condition of the applicant more
  935  than 4 months before prior to the date on which the application
  936  is received by the department, then an interim financial
  937  statement must also be submitted and be accompanied by an
  938  updated application. The interim financial statement must cover
  939  the period from the end date of the annual statement and must
  940  show the financial condition of the applicant no more than 4
  941  months before prior to the date that the interim financial
  942  statement on which the application is received by the
  943  department. Each required annual or interim financial statement
  944  must be audited and accompanied by the opinion of a certified
  945  public accountant or a public accountant approved by the
  946  department. The information required by this subsection is
  947  confidential and exempt from the provisions of s. 119.07(1). The
  948  department shall act upon the application for qualification
  949  within 30 days after the department determines that the
  950  application is complete. The department may waive the
  951  requirements of this subsection for projects having a contract
  952  price of $500,000 or less if the department determines that the
  953  project is of a noncritical nature and the waiver will not
  954  endanger public health, safety, or property.
  955         Section 18. Subsection (5) is added to section 337.195,
  956  Florida Statutes, to read:
  957         337.195 Limits on liability.—
  958         (5) Notwithstanding any provision of law to the contrary, a
  959  provision, clause, covenant, or agreement contained in,
  960  collateral to, or affecting a motor carrier transportation
  961  contract that purports to indemnify, defend, or hold harmless,
  962  or has the effect of indemnifying, defending, or holding
  963  harmless, the promisee from or against any liability for loss or
  964  damage resulting from the negligence or intentional acts or
  965  omissions of the promisee is against the public policy of this
  966  state and is void and unenforceable. As used in this subsection,
  967  the term “motor carrier transportation contract” means a
  968  contract, agreement, or understanding covering:
  969         (a) The transportation of property for compensation or hire
  970  by the motor carrier;
  971         (b) Entrance on property by the motor carrier for the
  972  purpose of loading, unloading, or transporting property for
  973  compensation or hire; or
  974         (c) A service incidental to activity described in paragraph
  975  (a) or paragraph (b), including, but not limited to, storage of
  976  property.
  977  
  978  A motor carrier transportation contract does not include the
  979  Uniform Intermodal Interchange and Facilities Access Agreement
  980  administered by the Intermodal Association of North America or
  981  other agreements providing for the interchange, use, or
  982  possession of intermodal chassis, containers, or other
  983  intermodal equipment. As used in this subsection, promisee”
  984  means the contract’s promisee and any agents, employees,
  985  servants, or independent contractors directly responsible to the
  986  contract’s promise, but does not include motor carriers party to
  987  a motor carrier transportation contract with the contract’s
  988  promisee, including such motor carrier’s agents, employees,
  989  servants, or independent contractors directly responsible to
  990  such motor carrier.
  991         Section 19. Subsection (1) of section 337.401, Florida
  992  Statutes, is amended to read:
  993         337.401 Use of right-of-way for utilities subject to
  994  regulation; permit; fees.—
  995         (1)(a) The department and local governmental entities,
  996  referred to in ss. 337.401-337.404 as the “authority,” that have
  997  jurisdiction and control of public roads or publicly owned rail
  998  corridors are authorized to prescribe and enforce reasonable
  999  rules or regulations with reference to the placing and
 1000  maintaining along, across, or on any road or publicly owned rail
 1001  corridors under their respective jurisdictions any electric
 1002  transmission, telephone, telegraph, or other communications
 1003  services lines; pole lines; poles; railways; ditches; sewers;
 1004  water, heat, or gas mains; pipelines; fences; gasoline tanks and
 1005  pumps; or other structures referred to in this section as the
 1006  “utility.” For aerial and underground electric utility
 1007  transmission lines designed to operate at 69 or more kilovolts
 1008  that are needed to accommodate the additional electrical
 1009  transfer capacity on the transmission grid resulting from new
 1010  base-load generating facilities, where there is no other
 1011  practicable alternative available for placement of the electric
 1012  utility transmission lines on the department’s rights-of-way,
 1013  the department’s rules shall provide for placement of and access
 1014  to such transmission lines adjacent to and within the right-of
 1015  way of any department-controlled public roads, including
 1016  longitudinally within limited access facilities to the greatest
 1017  extent allowed by federal law, if compliance with the standards
 1018  established by such rules is achieved. Such rules may include,
 1019  but need not be limited to, that the use of the right-of-way is
 1020  reasonable based upon a consideration of economic and
 1021  environmental factors, including, without limitation, other
 1022  practicable alternative alignments, utility corridors and
 1023  easements, impacts on adjacent property owners, and minimum
 1024  clear zones and other safety standards, and further provide that
 1025  placement of the electric utility transmission lines within the
 1026  department’s right-of-way does not interfere with operational
 1027  requirements of the transportation facility or planned or
 1028  potential future expansion of such transportation facility. If
 1029  the department approves longitudinal placement of electric
 1030  utility transmission lines in limited access facilities,
 1031  compensation for the use of the right-of-way is required. Such
 1032  consideration or compensation paid by the electric utility in
 1033  connection with the department’s issuance of a permit does not
 1034  create any property right in the department’s property
 1035  regardless of the amount of consideration paid or the
 1036  improvements constructed on the property by the utility. Upon
 1037  notice by the department that the property is needed for
 1038  expansion or improvement of the transportation facility, the
 1039  electric utility transmission line will relocate from the
 1040  facility at the electric utility’s sole expense. The electric
 1041  utility shall pay to the department reasonable damages resulting
 1042  from the utility’s failure or refusal to timely relocate its
 1043  transmission lines. The rules to be adopted by the department
 1044  may also address the compensation methodology and relocation. As
 1045  used in this subsection, the term “base-load generating
 1046  facilities” means electric power plants that are certified under
 1047  part II of chapter 403. The department may enter into a permit
 1048  delegation agreement with a governmental entity if issuance of a
 1049  permit is based on requirements that the department finds will
 1050  ensure the safety and integrity of facilities of the Department
 1051  of Transportation; however, the permit-delegation agreement does
 1052  not apply to facilities of electric utilities as defined in s.
 1053  366.02(2).
 1054         (b)For aerial and underground electric utility
 1055  transmission lines that are designed to operate at 69 or more
 1056  kilovolts and that are needed to accommodate the additional
 1057  electrical transfer capacity on the transmission grid resulting
 1058  from new base-load generating facilities, the department’s rules
 1059  shall provide for placement of and access to such transmission
 1060  lines adjacent to and within the right-of-way of any department
 1061  controlled public roads, including longitudinally within limited
 1062  access facilities where there is no other practicable
 1063  alternative available, to the greatest extent allowed by federal
 1064  law, if compliance with the standards established by such rules
 1065  is achieved. Without limiting or conditioning the department’s
 1066  jurisdiction or authority described in paragraph (a), with
 1067  respect to limited access right-of-way, such rules may include,
 1068  but need not be limited to, a requirement that the use of the
 1069  right-of-way for longitudinal placement of electric utility
 1070  transmission lines be reasonably based upon a consideration of
 1071  economic and environmental factors, including, but not limited
 1072  to, other practicable alternative alignments, utility corridors
 1073  and easements, impacts on adjacent property owners, and minimum
 1074  clear zones and other safety standards. Such rules may also
 1075  require that placement of the electric utility transmission
 1076  lines within the department’s right-of-way not interfere with
 1077  operational requirements of the transportation facility or
 1078  planned or potential future expansion of such transportation
 1079  facility. Compensation for the use of the right-of-way must be
 1080  provided if the department approves longitudinal placement of
 1081  electric utility transmission lines in limited access
 1082  facilities. Such consideration or compensation paid by the
 1083  electric utility in connection with the department’s issuance of
 1084  a permit does not create any property right in the department’s
 1085  property regardless of the amount of consideration paid or the
 1086  improvements constructed on the property by the utility. Upon
 1087  notice by the department that the property is needed for
 1088  expansion or improvement of the transportation facility, the
 1089  electric utility transmission line shall be removed or relocated
 1090  at the electric utility’s sole expense. The electric utility
 1091  shall pay to the department reasonable damages resulting from
 1092  the utility’s failure or refusal to timely remove or relocate
 1093  its transmission lines. The rules adopted by the department may
 1094  also address the compensation methodology and removal or
 1095  relocation. As used in this subsection, the term “base-load
 1096  generating facilities” means electric power plants that are
 1097  certified under part II of chapter 403.
 1098         Section 20. Subsection (1) of section 338.155, Florida
 1099  Statutes, is amended to read:
 1100         338.155 Payment of toll on toll facilities required;
 1101  exemptions.—
 1102         (1) No persons are permitted to use any toll facility
 1103  without payment of tolls, except employees of the agency
 1104  operating the toll project when using the toll facility on
 1105  official state business, state military personnel while on
 1106  official military business, handicapped persons as provided in
 1107  this section, persons exempt from toll payment by the
 1108  authorizing resolution for bonds issued to finance the facility,
 1109  and persons exempt on a temporary basis where use of such toll
 1110  facility is required as a detour route. Any law enforcement
 1111  officer operating a marked official vehicle is exempt from toll
 1112  payment when on official law enforcement business. Any person
 1113  operating a fire vehicle when on official business or a rescue
 1114  vehicle when on official business is exempt from toll payment.
 1115  Any person participating in the funeral procession of a law
 1116  enforcement officer or firefighter killed in the line of duty is
 1117  exempt from toll payment. The secretary, or the secretary’s
 1118  designee, may suspend the payment of tolls on a toll facility
 1119  when necessary to assist in emergency evacuation. The failure to
 1120  pay a prescribed toll constitutes a noncriminal traffic
 1121  infraction, punishable as a moving violation pursuant to s.
 1122  318.18. The department is authorized to adopt rules relating to
 1123  the payment, collection, and enforcement of tolls, including,
 1124  but not limited to, rules for the implementation of video or
 1125  other image billing and variable pricing guaranteed toll
 1126  accounts.
 1127         Section 21. Subsection (7) is added to section 341.051,
 1128  Florida Statutes, to read:
 1129         341.051 Administration and financing of public transit and
 1130  intercity bus service programs and projects.—
 1131         (7) INTEROPERABLE FARE COLLECTION SYSTEMS.—
 1132         (a) The Legislature recognizes the importance of
 1133  encouraging the seamless use of local and regional public
 1134  transportation systems by residents of and visitors to the state
 1135  wherever possible. The paramount concern is to encourage the
 1136  implementation of fare collection systems that are interoperable
 1137  and compatible with multiple public transportation systems
 1138  throughout the state.
 1139         (b) Notwithstanding any other provision of law to the
 1140  contrary, in order to facilitate the ease of transfer from one
 1141  public transportation system to another, any public transit
 1142  system that connects directly with a new public rail system put
 1143  into service on or after December 1, 2010, and that is adding a
 1144  new fare media system or is upgrading its existing fare media
 1145  system shall use a universal common contactless fare media that
 1146  is compatible with the American Public Transportation
 1147  Association’s Contactless Fare Media System Standard and allows
 1148  users to purchase fares at a single point of sale with coin,
 1149  cash, or credit card. This paragraph does not require the use of
 1150  a universal common contactless fare media for the paratransit
 1151  element of any transit system or by any public transit system
 1152  that does not share one or more points of origin or destination
 1153  with a public rail system.
 1154  
 1155  For purposes of this section, the term “net operating costs”
 1156  means all operating costs of a project less any federal funds,
 1157  fares, or other sources of income to the project.
 1158         Section 22. Present subsection (7) of section 341.3025,
 1159  Florida Statutes, is renumbered as subsection (8), and a new
 1160  subsection (7) is added to that section, to read:
 1161         341.3025 Multicounty public rail system fares and
 1162  enforcement.—
 1163         (7)(a) The Legislature recognizes the importance of
 1164  encouraging the seamless use of local and regional public
 1165  transportation systems by residents of and visitors to the state
 1166  wherever possible. The paramount concern is to encourage the
 1167  implementation of fare collection systems that are interoperable
 1168  and compatible with multiple public transportation systems
 1169  throughout the state.
 1170         (b) Notwithstanding any other provision of law to the
 1171  contrary, in order to facilitate the ease of transfer from one
 1172  public transportation system to another, any new public rail
 1173  system that is constructed on or after December 1, 2010, by the
 1174  state, an agency of the state, a regional transportation
 1175  authority, or one or more counties or municipalities shall use a
 1176  universal common contactless fare media that is compatible with
 1177  the American Public Transportation Association’s Contactless
 1178  Fare Media System Standard and allows users to purchase fares at
 1179  a single point of sale with coin, cash, or credit card.
 1180  Additionally, any existing public rail system that is adding a
 1181  new fare media system or is upgrading its existing fare media
 1182  system shall use a universal common contactless fare media that
 1183  is compatible with the American Public Transportation
 1184  Association’s Contactless Fare Media System Standard and allows
 1185  users to purchase fares at a single point of sale with coin,
 1186  cash, or credit card.
 1187         Section 23. Paragraph (q) is added to subsection (2) of
 1188  section 343.64, Florida Statutes, to read:
 1189         343.64 Powers and duties.—
 1190         (2) The authority may exercise all powers necessary,
 1191  appurtenant, convenient, or incidental to the carrying out of
 1192  the aforesaid purposes, including, but not limited to, the
 1193  following rights and powers:
 1194         (q) Notwithstanding the provisions of s. 343.65, to borrow
 1195  money in a principal amount not to exceed $10 million in any
 1196  calendar year to refinance all or part of the costs or
 1197  obligations of the authority, including, but not limited to,
 1198  obligations of the authority as a lessee under a lease.
 1199         Section 24. Subsection (3) of section 348.51, Florida
 1200  Statutes, is amended to read:
 1201         348.51 Definitions.—The following terms whenever used or
 1202  referred to in this part shall have the following meanings,
 1203  except in those instances where the context clearly indicates
 1204  otherwise:
 1205         (3) “Bonds” means and includes the notes, bonds, refunding
 1206  bonds, or other evidences of indebtedness or obligations, in
 1207  either temporary or definitive form, which of the authority is
 1208  authorized to issue issued pursuant to this part.
 1209         Section 25. Section 348.545, Florida Statutes, is amended
 1210  to read:
 1211         348.545 Facility improvement; bond financing authority.
 1212  Pursuant to s. 11(f), Art. VII of the State Constitution, the
 1213  Legislature hereby approves for bond financing by the Tampa
 1214  Hillsborough County Expressway Authority improvements to toll
 1215  collection facilities, interchanges to the legislatively
 1216  approved expressway system, and any other facility appurtenant,
 1217  necessary, or incidental to the approved system. Subject to
 1218  terms and conditions of applicable revenue bond resolutions and
 1219  covenants, such costs financing may be financed in whole or in
 1220  part by revenue bonds issued under s. 348.56(1)(a) or (b)
 1221  whether currently issued or issued in the future, or by a
 1222  combination of such bonds.
 1223         Section 26. Subsections (1) and (2) of section 348.56,
 1224  Florida Statutes, are amended to read:
 1225         348.56 Bonds of the authority.—
 1226         (1)(a) Bonds may be issued on behalf of the authority under
 1227  the State Bond Act.
 1228         (b) Alternatively, the authority shall have the power and
 1229  is hereby authorized from time to time to issue bonds in such
 1230  principal amount as, in the opinion of the authority, shall be
 1231  necessary to provide sufficient moneys for achieving its
 1232  corporate purposes, including construction, reconstruction,
 1233  improvement, extension, repair, maintenance and operation of the
 1234  expressway system, the cost of acquisition of all real property,
 1235  interest on bonds during construction and for a reasonable
 1236  period thereafter, establishment of reserves to secure bonds,
 1237  and all other expenditures of the authority incident to and
 1238  necessary or convenient to carry out its corporate purposes and
 1239  powers.
 1240         (2)(a) Bonds issued by the authority under paragraph (1)(a)
 1241  or (b) shall be authorized by resolution of the members of the
 1242  authority and shall bear such date or dates, mature at such time
 1243  or times, not exceeding 40 years from their respective dates,
 1244  bear interest at such rate or rates, not exceeding the maximum
 1245  rate fixed by general law for authorities, be in such
 1246  denominations, be in such form, either coupon or fully
 1247  registered, carry such registration, exchangeability and
 1248  interchangeability privileges, be payable in such medium of
 1249  payment and at such place or places, be subject to such terms of
 1250  redemption and be entitled to such priorities of lien on the
 1251  revenues, other available moneys, and the Hillsborough County
 1252  gasoline tax funds as such resolution or any resolution
 1253  subsequent thereto may provide. The bonds shall be executed
 1254  either by manual or facsimile signature by such officers as the
 1255  authority shall determine, provided that such bonds shall bear
 1256  at least one signature which is manually executed thereon. The
 1257  coupons attached to such bonds shall bear the facsimile
 1258  signature or signatures of such officer or officers as shall be
 1259  designated by the authority. Such bonds shall have the seal of
 1260  the authority affixed, imprinted, reproduced, or lithographed
 1261  thereon.
 1262         (b) The bonds issued under paragraph (1)(a) or (b) shall be
 1263  sold at public sale in the same manner provided by the State
 1264  Bond Act, and the net interest cost to the authority on such
 1265  bonds shall not exceed the maximum rate fixed by general law for
 1266  authorities. However, if the authority, by official action at a
 1267  public meeting, determines that a negotiated sale of such bonds
 1268  is in the best interest of the authority, the authority may
 1269  negotiate the sale of such bonds with the underwriter or
 1270  underwriters designated by the authority and the Division of
 1271  Bond Finance of the State Board of Administration with respect
 1272  to bonds issued pursuant to paragraph (1)(a) or solely by the
 1273  authority with respect to bonds issued pursuant to paragraph
 1274  (1)(b). The authority’s determination to negotiate the sale of
 1275  such bonds may be based, in part, upon the written advice of the
 1276  authority’s financial adviser. If all bids received on the
 1277  public sale are rejected, the authority may then proceed to
 1278  negotiate for the sale of the bonds at a net interest cost which
 1279  shall be less than the lowest net interest cost stated in the
 1280  bids rejected at the public sale. Pending the preparation of
 1281  definitive bonds, temporary bonds or interim certificates may be
 1282  issued to the purchaser or purchasers of such bonds and may
 1283  contain such terms and conditions as the authority may
 1284  determine.
 1285         Section 27. Section 348.565, Florida Statutes, is amended
 1286  to read:
 1287         348.565 Revenue bonds for specified projects.—The existing
 1288  facilities that constitute the Tampa-Hillsborough County
 1289  Expressway System are hereby approved to be refinanced by the
 1290  issuance of revenue bonds issued by the Division of Bond Finance
 1291  of the State Board of Administration pursuant to s. 11(f), Art.
 1292  VII of the State Constitution and the State Bond Act, or by
 1293  revenue bonds issued by the authority under s. 348.56(1)(b). In
 1294  addition, the following projects of the Tampa-Hillsborough
 1295  County Expressway Authority are approved to be financed or
 1296  refinanced by the issuance of revenue bonds in accordance with
 1297  this part under pursuant to s. 11(f), Art. VII of the State
 1298  Constitution:
 1299         (1) Brandon area feeder roads.
 1300         (2) Capital improvements to the expressway system,
 1301  including safety and operational improvements and toll
 1302  collection equipment.
 1303         (3) Lee Roy Selmon Crosstown Expressway System widening.
 1304         (4) The connector highway linking the Lee Roy Selmon
 1305  Crosstown Expressway to Interstate 4.
 1306         Section 28. Subsection (1) of section 348.57, Florida
 1307  Statutes, is amended to read:
 1308         348.57 Refunding bonds.—
 1309         (1) Subject to public notice as provided in s. 348.54, the
 1310  authority is authorized to provide by resolution for the
 1311  issuance from time to time of bonds under s. 348.56(1)(b) for
 1312  the purpose of refunding any bonds then outstanding regardless
 1313  of whether the bonds being refunded were issued by the authority
 1314  under this chapter or on behalf of the authority under the State
 1315  Bond Act. The authority is further authorized to provide by
 1316  resolution for the issuance of bonds for the combined purpose
 1317  of:
 1318         (a) Paying the cost of constructing, reconstructing,
 1319  improving, extending, repairing, maintaining and operating the
 1320  expressway system.
 1321         (b) Refunding bonds then outstanding. The authorization,
 1322  sale and issuance of such obligations, the maturities and other
 1323  details thereof, the rights and remedies of the holders thereof,
 1324  and the rights, powers, privileges, duties and obligations of
 1325  the authority with respect to the same shall be governed by the
 1326  foregoing provisions of this part insofar as the same may be
 1327  applicable.
 1328         Section 29. Section 348.70, Florida Statutes, is amended to
 1329  read:
 1330         348.70 This part complete and additional authority.—
 1331         (1) The powers conferred by this part shall be in addition
 1332  and supplemental to the existing respective powers of the
 1333  authority, the department, the county and the city, if any, and
 1334  this part shall not be construed as repealing any of the
 1335  provisions of any other law, general, special or local, but
 1336  shall be deemed to supersede such other law or laws in the
 1337  exercise of the powers provided in this part insofar as such
 1338  other law or laws are inconsistent with the provisions of this
 1339  part and to provide a complete method for the exercise of the
 1340  powers granted herein. The construction, reconstruction,
 1341  improvement, extension, repair, maintenance and operation of the
 1342  expressway system, and the issuance of bonds hereunder to
 1343  finance all or part of the cost thereof, may be accomplished
 1344  upon compliance with the provisions of this part without regard
 1345  to or necessity for compliance with the provisions, limitations,
 1346  or restrictions contained in any other general, special or local
 1347  law, including, but not limited to, s. 215.821, and no approval
 1348  of any bonds issued under this part by the qualified electors or
 1349  qualified electors who are freeholders in the state or in the
 1350  county or in the city or in any other political subdivision of
 1351  the state shall be required for the issuance of such bonds.
 1352         (2) This part does not repeal, rescind, or modify any other
 1353  law or laws relating to the State Board of Administration, the
 1354  Department of Transportation, or the Division of Bond Finance of
 1355  the State Board of Administration, but supersedes any other law
 1356  or laws that are inconsistent with the provisions of this part,
 1357  including, but not limited to, s. 215.821.
 1358         Section 30. Part XI of chapter 348, Florida Statutes,
 1359  consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
 1360  348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
 1361  348.9960, and 348.9961, is created to read:
 1362         348.9950Short title.—This part may be cited as the
 1363  “Osceola County Expressway Authority Law.”
 1364         348.9951Definitions.—Terms used in this part, except where
 1365  the context clearly indicates otherwise, shall have the same
 1366  meanings as those defined in the Florida Expressway Authority
 1367  Act.
 1368         348.9952Osceola County Expressway Authority.—
 1369         (1) There is created a body politic and corporate, an
 1370  agency of the state, to be known as the Osceola County
 1371  Expressway Authority.
 1372         (2)(a) The governing body of the authority shall consist of
 1373  six members. Five members, at least one of whom must be a member
 1374  of a racial or ethnic minority group, must be residents of
 1375  Osceola County, three of whom shall be appointed by the
 1376  governing body of the county and two of whom shall be appointed
 1377  by the Governor. The sixth member shall be the district
 1378  secretary of the department serving in the district that
 1379  includes Osceola County, who shall serve as an ex officio,
 1380  nonvoting member. The term of each appointed member shall be for
 1381  4 years, except that the first term of the initial members
 1382  appointed by the Governor shall be 2 years each. Each appointed
 1383  member shall hold office until his or her successor has been
 1384  appointed and has qualified. A vacancy occurring during a term
 1385  shall be filled only for the balance of the unexpired term. Each
 1386  appointed member of the authority shall be a person of
 1387  outstanding reputation for integrity, responsibility, and
 1388  business ability, but a person who is an officer or employee of
 1389  any municipality or of Osceola County in any other capacity may
 1390  not be an appointed member of the authority. A member of the
 1391  authority is eligible for reappointment.
 1392         (b) Members of the authority may be removed from office by
 1393  the Governor for misconduct, malfeasance, or nonfeasance in
 1394  office.
 1395         (3)(a) The authority shall elect one of its members as
 1396  chair. The authority shall also elect a secretary and a
 1397  treasurer, who may be members of the authority. The chair,
 1398  secretary, and treasurer shall hold such offices at the will of
 1399  the authority.
 1400         (b) Three members of the authority constitute a quorum, and
 1401  the vote of three members is necessary for any action taken by
 1402  the authority. A vacancy in the authority does not impair the
 1403  right of a quorum of the authority to exercise all of the rights
 1404  and perform all of the duties of the authority.
 1405         (4)(a) The authority may employ an executive secretary, an
 1406  executive director, its own counsel and legal staff, technical
 1407  experts, engineers, and other employees, permanent or temporary,
 1408  as it may require, and may determine the qualifications and fix
 1409  the compensation of such persons, firms, or corporations.
 1410  Additionally, the authority may employ a fiscal agent or agents.
 1411  However, the authority shall solicit sealed proposals from at
 1412  least three persons, firms, or corporations for the performance
 1413  of any services as fiscal agents. The authority may delegate to
 1414  one or more of its agents or employees such of its power as it
 1415  deems necessary to carry out the purposes of this part, subject
 1416  always to the supervision and control of the authority.
 1417         (b) Members of the authority are entitled to receive from
 1418  the authority their travel and other necessary expenses incurred
 1419  in connection with the business of the authority as provided in
 1420  s. 112.061, but members shall not draw salaries or other
 1421  compensation.
 1422         (c) The department is not required to grant funds for
 1423  startup costs to the authority. However, the governing body of
 1424  the county may provide funds for such startup costs.
 1425         (d) The authority shall cooperate with and participate in
 1426  any efforts to establish a regional expressway authority.
 1427         (e) Notwithstanding any other provision of law, including
 1428  s. 339.175(3), the authority is not entitled to voting
 1429  membership in a metropolitan planning organization in which
 1430  Osceola County, or any of the municipalities therein, are also
 1431  voting members.
 1432         348.9953Purposes and powers.—The purposes and powers of
 1433  the authority shall be the same as those identified in the
 1434  Florida Expressway Authority Act. In implementing this act, the
 1435  authority shall institute procedures to encourage the awarding
 1436  of contracts for professional services and construction to
 1437  certified minority business enterprises as defined in s.
 1438  288.703. The authority shall develop and implement activities to
 1439  encourage the participation of certified minority business
 1440  enterprises in the contracting process.
 1441         348.9954Bonds.—Bonds may be issued on behalf of the
 1442  authority as provided by the State Bond Act and subject to the
 1443  provisions of the Florida Expressway Authority Act.
 1444         348.9955Lease-purchase agreement.—The authority may enter
 1445  into lease-purchase agreements with the department as provided
 1446  in the Florida Expressway Authority Act.
 1447         348.9956Department may be appointed agent of authority for
 1448  construction.—The authority may appoint the department as its
 1449  agent as provided in the Florida Expressway Authority Act.
 1450         348.9957Acquisition of lands and property.—The authority
 1451  may acquire such rights, title, or interest in private or public
 1452  property and such property rights, including easements, rights
 1453  of access, air, view, and light by gift, devise, purchase, or
 1454  condemnation by eminent domain proceedings as the authority may
 1455  deem necessary for the purposes of this part and subject to the
 1456  provisions of the Florida Expressway Authority Act.
 1457         348.9958Cooperation with other units, boards, agencies,
 1458  and individuals.—Any county, municipality, drainage district,
 1459  road and bridge district, school district, or other political
 1460  subdivision, board, commission, or individual in or of the state
 1461  may make and enter into any contract, lease, conveyance,
 1462  partnership, or other agreement with the authority within the
 1463  provisions and for purposes of this part. The authority may make
 1464  and enter into any contract, lease, conveyance, partnership, or
 1465  other agreement with any political subdivision, agency, or
 1466  instrumentality of the state or any federal agency, corporation,
 1467  or individual for the purpose of carrying out the provisions of
 1468  this part.
 1469         348.9959 Legislative intent; covenant of the state.—It is
 1470  the intent of the Legislature that the state pledge to and agree
 1471  with any person, firm, corporation, or federal or state agency
 1472  subscribing to or acquiring the bonds to be issued by the
 1473  authority for the purposes of this part that the state will not
 1474  limit or alter the rights hereby vested in the authority and the
 1475  department until all bonds at any time issued together with the
 1476  interest thereon are fully paid and discharged insofar as the
 1477  same affects the rights of the holders of bonds issued
 1478  hereunder. It is also the intent of the Legislature that the
 1479  state further pledge to and agree with the United States that in
 1480  the event any federal agency shall construct or contribute any
 1481  funds for the completion, extension, or improvement of the
 1482  Osceola County Expressway System, or any part or portion
 1483  thereof, the state will not alter or limit the rights and powers
 1484  of the authority and the department in any manner that would be
 1485  inconsistent with the continued maintenance and operation of the
 1486  Osceola County Expressway System, or the completion, extension,
 1487  or improvement thereof, or that would be inconsistent with the
 1488  due performance of any agreements between the authority and any
 1489  such federal agency. The authority and the department shall
 1490  continue to have and may exercise all powers herein granted so
 1491  long as the same shall be necessary or desirable for the
 1492  carrying out of the purposes of this part and the purposes of
 1493  the United States in the completion, extension, or improvement
 1494  of the Osceola County Expressway System or any part or portion
 1495  thereof.
 1496         348.9960 Exemption from taxation.—As provided under and
 1497  limited by the Florida Expressway Authority Act, the Osceola
 1498  County Expressway authority is not required to pay taxes or
 1499  assessments of any kind or nature whatsoever upon any property
 1500  acquired by it or used by it for such purpose or upon revenues
 1501  at any time received by it.
 1502         348.9961 Automatic dissolution.—If, before January 1, 2020,
 1503  the authority has not encumbered any funds to further its
 1504  purposes and powers as authorized in s. 348.9953 to establish
 1505  the system, or upon the inclusion of the geographic area served
 1506  by the authority within any multicounty regional transportation
 1507  authority statutorily created after July 1, 2010, the Osceola
 1508  County Expressway Authority is dissolved.
 1509         Section 31. Subsections (2) and (5) and paragraph (b) of
 1510  subsection (9) of section 373.41492, Florida Statutes, are
 1511  amended to read:
 1512         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
 1513  mitigation for mining activities within the Miami-Dade County
 1514  Lake Belt.—
 1515         (2) To provide for the mitigation of wetland resources lost
 1516  to mining activities within the Miami-Dade County Lake Belt
 1517  Plan, effective October 1, 1999, a mitigation fee is imposed on
 1518  each ton of limerock and sand extracted by any person who
 1519  engages in the business of extracting limerock or sand from
 1520  within the Miami-Dade County Lake Belt Area and the east one
 1521  half of sections 24 and 25 and all of sections 35 and 36,
 1522  Township 53 South, Range 39 East. The mitigation fee is imposed
 1523  for each ton of limerock and sand sold from within the
 1524  properties where the fee applies in raw, processed, or
 1525  manufactured form, including, but not limited to, sized
 1526  aggregate, asphalt, cement, concrete, and other limerock and
 1527  concrete products. The mitigation fee imposed by this subsection
 1528  for each ton of limerock and sand sold shall be 12 cents per ton
 1529  beginning January 1, 2007; 18 cents per ton beginning January 1,
 1530  2008; and 24 cents per ton beginning January 1, 2009; and 45
 1531  cents per ton beginning January 1, 2011. To upgrade a water
 1532  treatment plant that treats water coming from the Northwest
 1533  Wellfield in Miami-Dade County, a water treatment plant upgrade
 1534  fee is imposed within the same Lake Belt Area subject to the
 1535  mitigation fee and upon the same kind of mined limerock and sand
 1536  subject to the mitigation fee. The water treatment plant upgrade
 1537  fee imposed by this subsection for each ton of limerock and sand
 1538  sold shall be 15 cents per ton beginning on January 1, 2007, and
 1539  the collection of this fee shall cease once the total amount of
 1540  proceeds collected for this fee reaches the amount of the actual
 1541  moneys necessary to design and construct the water treatment
 1542  plant upgrade, as determined in an open, public solicitation
 1543  process. Any limerock or sand that is used within the mine from
 1544  which the limerock or sand is extracted is exempt from the fees.
 1545  The amount of the mitigation fee and the water treatment plant
 1546  upgrade fee imposed under this section must be stated separately
 1547  on the invoice provided to the purchaser of the limerock or sand
 1548  product from the limerock or sand miner, or its subsidiary or
 1549  affiliate, for which the fee or fees apply. The limerock or sand
 1550  miner, or its subsidiary or affiliate, who sells the limerock or
 1551  sand product shall collect the mitigation fee and the water
 1552  treatment plant upgrade fee and forward the proceeds of the fees
 1553  to the Department of Revenue on or before the 20th day of the
 1554  month following the calendar month in which the sale occurs.
 1555         (5) Each January 1 beginning January 1, 2010, through
 1556  December 31, 2011 and each January 1 thereafter, the per-ton
 1557  mitigation fee shall be increased by 2.1 percentage points, plus
 1558  a cost growth index. The cost growth index shall be the
 1559  percentage change in the weighted average of the Employment Cost
 1560  Index for All Civilian Workers (ecu 10001I), issued by the
 1561  United States Department of Labor for the most recent 12-month
 1562  period ending on September 30, and the percentage change in the
 1563  Producer Price Index for All Commodities (WPU 00000000), issued
 1564  by the United States Department of Labor for the most recent 12
 1565  month period ending on September 30, compared to the weighted
 1566  average of these indices for the previous year. The weighted
 1567  average shall be calculated as 0.6 times the percentage change
 1568  in the Employment Cost Index for All Civilian Workers (ecu
 1569  10001I), plus 0.4 times the percentage change in the Producer
 1570  Price Index for All Commodities (WPU 00000000). If either index
 1571  is discontinued, it shall be replaced by its successor index, as
 1572  identified by the United States Department of Labor.
 1573         (9)
 1574         (b) No sooner than January 31, 2010, and no more frequently
 1575  than every 2 5 years thereafter, the interagency committee shall
 1576  submit to the Legislature a report recommending any needed
 1577  adjustments to the mitigation fee, including the annual
 1578  escalator provided for in subsection (5), to ensure that the
 1579  revenue generated reflects the actual costs of the mitigation.
 1580         Section 32. Sections 479.01, 479.015, 479.02, 479.03,
 1581  479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
 1582  479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
 1583  479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
 1584  are designated as part I of chapter 479, Florida Statutes.
 1585         Section 33. Subsections (3) and (1) of section 479.01,
 1586  Florida Statutes, are amended, and subsections (28), (29), (30),
 1587  and (31) are added to that section, to read:
 1588         479.01 Definitions.—As used in this chapter, the term:
 1589         (3) “Commercial or industrial zone” means a parcel of land
 1590  designated for commercial or industrial use under both the
 1591  future land use map of the comprehensive plan and the land use
 1592  development regulations adopted pursuant to chapter 163. If a
 1593  parcel is located in an area designated for multiple uses on the
 1594  future land use map of a comprehensive plan and the zoning
 1595  category of the land development regulations does do not
 1596  specifically clearly designate that parcel for commercial or
 1597  industrial uses a specific use, the area will be considered an
 1598  unzoned commercial or industrial area if it meets the criteria
 1599  of subsection (23).
 1600         (10) “Main-traveled way” means the traveled way of a
 1601  highway on which through traffic is carried. In the case of a
 1602  divided highway, the traveled way of each of the separate
 1603  roadways for traffic in opposite directions is a main-traveled
 1604  way. It does not include such facilities as frontage roads,
 1605  turning roadways, which specifically includes on or off ramps to
 1606  the interstate highway system, or parking areas.
 1607         (28) “Allowable uses” means those uses that are authorized
 1608  within a zoning category without the requirement to obtain a
 1609  variance or waiver. The term includes conditional uses and those
 1610  allowed by special exception, but does not include uses that are
 1611  accessory, incidental to the allowable uses, or allowed only on
 1612  a temporary basis.
 1613         (29) “Commercial use” means activities associated with the
 1614  sale, rental, or distribution of products or the performance of
 1615  services. The term includes, but is not limited to, such uses or
 1616  activities as retail sales, wholesale sales, rentals of
 1617  equipment, goods, or products, offices, restaurants, food
 1618  service vendors, sports arenas, theaters, and tourist
 1619  attractions.
 1620         (30) “Industrial use” means activities associated with the
 1621  manufacture, assembly, processing, or storage of products, or
 1622  the performance of services relating thereto. The term includes,
 1623  but is not limited to, such uses or activities as automobile
 1624  manufacturing or repair, boat manufacturing or repair, junk
 1625  yards, meat packing facilities, citrus processing and packing
 1626  facilities, produce processing and packing facilities,
 1627  electrical generating plants, water treatment plants, sewage
 1628  treatment plants, and solid waste disposal sites.
 1629         (31) “Zoning category” means the designation under the Land
 1630  Development Regulations or other similar ordinance enacted to
 1631  regulate the use of land, as provided in s. 163.3202(2)(b),
 1632  which sets forth the allowable uses, restrictions, and
 1633  limitations on use applicable to properties within the category.
 1634         Section 34. Sections 479.261, 479.262, 479.27, 479.28, and
 1635  479.30, Florida Statutes, are designated as part II of chapter
 1636  479, Florida Statutes.
 1637         Section 35. Subsections (1) and (5) of section 479.261,
 1638  Florida Statutes, are amended to read:
 1639         479.261 Logo sign program.—
 1640         (1) The department shall establish a logo sign program for
 1641  the rights-of-way of the interstate highway system to provide
 1642  information to motorists about available gas, food, lodging,
 1643  camping, attractions, and other services, as approved by the
 1644  Federal Highway Administration, at interchanges through the use
 1645  of business logos and may include additional interchanges under
 1646  the program.
 1647         (a) As used in this chapter, the term “attraction” means an
 1648  establishment, site, facility, or landmark that is open a
 1649  minimum of 5 days a week for 52 weeks a year; that has as its
 1650  principal focus family-oriented entertainment, cultural,
 1651  educational, recreational, scientific, or historical activities;
 1652  and that is publicly recognized as a bona fide tourist
 1653  attraction.
 1654         (b) The department shall incorporate the use of RV-friendly
 1655  markers on specific information logo signs for establishments
 1656  that cater to the needs of persons driving recreational
 1657  vehicles. Establishments that qualify for participation in the
 1658  specific information logo program and that also qualify as “RV
 1659  friendly” may request the RV-friendly marker on their specific
 1660  information logo sign. An RV-friendly marker must consist of a
 1661  design approved by the Federal Highway Administration. The
 1662  department shall adopt rules in accordance with chapter 120 to
 1663  administer this paragraph, including rules setting forth the
 1664  minimum requirements that establishments must meet in order to
 1665  qualify as RV-friendly. These requirements shall include large
 1666  parking spaces, entrances, and exits that can easily accommodate
 1667  recreational vehicles and facilities having appropriate overhead
 1668  clearances, if applicable.
 1669         (c)The department may implement a 3-year, rotation-based
 1670  logo program providing for the removal and addition of
 1671  participating businesses in the program.
 1672         (5) At a minimum, permit fees for businesses that
 1673  participate in the program must be established in an amount
 1674  sufficient to offset the total cost to the department for the
 1675  program, including contract costs. The department shall provide
 1676  the services in the most efficient and cost-effective manner
 1677  through department staff or by contracting for some or all of
 1678  the services. The department shall adopt rules that set
 1679  reasonable rates based upon factors such as population, traffic
 1680  volume, market demand, and costs for annual permit fees.
 1681  However, annual permit fees for sign locations inside an urban
 1682  area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
 1683  and annual permit fees for sign locations outside an urban area,
 1684  as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
 1685  recovering program costs, the proceeds from the annual permit
 1686  fees shall be deposited into the State Transportation Trust Fund
 1687  and used for transportation purposes.
 1688         Section 36. Part III of chapter 479, Florida Statutes,
 1689  consisting of sections 479.310, 479.311, 479.312, 479.313, and
 1690  479.314, is created to read:
 1691         479.310Legislative intent.—It is the intent of the
 1692  Legislature that this part relieve the Department of
 1693  Transportation from the financial burden incurred in the removal
 1694  of unpermitted and illegal signs located within the controlled
 1695  areas adjacent to the state highway system, interstate, or
 1696  federal-aid primary system; to place the financial
 1697  responsibility for the cost of such removal directly upon those
 1698  benefiting from the location and operation of such unpermitted
 1699  and illegal signs; and to provide clear authority to the
 1700  department for the recovery of costs incurred by the department
 1701  in the removal of such unpermitted and illegal signs.
 1702         479.311Jurisdiction; venue.—The county court shall have
 1703  jurisdiction concurrent with the circuit court to consider
 1704  claims filed by the department in amounts that are within their
 1705  jurisdictional limitations. Venue shall be in Leon County for
 1706  the purpose of a claim filed by the department to recover its
 1707  costs as provided in this section.
 1708         479.312Unpermitted signs; cost of removal.—All costs
 1709  incurred by the department in connection with the removal of a
 1710  sign located within a controlled area adjacent to the interstate
 1711  highway system, the federal-aid primary highway system, or the
 1712  state highway system shall be assessed against and collected
 1713  from the following persons if they have not been issued a permit
 1714  under part I of this chapter:
 1715         (1)The owner of the sign;
 1716         (2)The advertiser displayed on the sign; or
 1717         (3)The owner of the property upon which the sign is
 1718  located.
 1719  
 1720  For the purpose of this subsection, a sign that does not display
 1721  the name of the owner of the sign shall be presumed to be owned
 1722  by the owner of the property upon which the sign is located.
 1723         479.313Permit revocation; cost of removal.—All costs
 1724  incurred by the department in connection with the removal of a
 1725  sign located within a controlled area adjacent to the interstate
 1726  highway system, the federal-aid primary highway system, or the
 1727  state highway system following the revocation of the permit for
 1728  such sign shall be assessed against and collected from the
 1729  permittee.
 1730         479.314Highway rights-of-way; cost of sign removal.—All
 1731  costs incurred by the department in connection with the removal
 1732  of a sign located within a right-of-way of the interstate
 1733  highway system, the federal-aid primary highway system, or the
 1734  state highway system shall be assessed against and collected
 1735  from the owner of the sign or the advertiser displayed on the
 1736  sign.
 1737         Section 37. Section 705.18, Florida Statutes, is amended to
 1738  read:
 1739         705.18 Disposal of personal property lost or abandoned on
 1740  university or community college campuses or certain public-use
 1741  airports; disposition of proceeds from sale thereof.—
 1742         (1) Whenever any lost or abandoned personal property is
 1743  shall be found on a campus of an institution in the State
 1744  University System or a campus of a state-supported community
 1745  college, or on premises owned or controlled by the operator of a
 1746  public-use airport having regularly scheduled international
 1747  passenger service, the president of the institution or the
 1748  president’s designee or the director of the airport or the
 1749  director’s designee shall take charge thereof and make a record
 1750  of the date such property was found. If, within 30 days after
 1751  such property is found, or a longer period of time as may be
 1752  deemed appropriate by the president or the director under the
 1753  circumstances, the property it is not claimed by the owner, the
 1754  president or director shall order it sold at public outcry after
 1755  giving notice of the time and place of sale in a publication of
 1756  general circulation on the campus of such institution or within
 1757  the county where the airport is located and written notice to
 1758  the owner if known. The rightful owner of such property may
 1759  reclaim the same at any time prior to sale.
 1760         (2) All moneys realized from such institution’s sale shall
 1761  be placed in an appropriate fund and used solely for student
 1762  scholarship and loan purposes. All moneys realized from such
 1763  sale by an airport, less its costs of storage, transportation,
 1764  and publication of notice, shall, unless another use is required
 1765  by federal law, be deposited into the state school fund.
 1766         Section 38. Section 705.182, Florida Statutes, is created
 1767  to read:
 1768         705.182Disposal of personal property found on the premises
 1769  of public-use airports.—
 1770         (1)Whenever any personal property, other than aircraft or
 1771  motor vehicles, is found on premises owned or controlled by the
 1772  operator of a public-use airport, the director of the airport or
 1773  the director’s designee shall take charge thereof and make a
 1774  record of the date such property was found.
 1775         (2)If within 30 calendar days after such property is
 1776  found, or for such longer period of time as may be deemed
 1777  appropriate by the director or the director’s designee, under
 1778  the circumstances, the property is not claimed by the owner, the
 1779  director or the director’s designee may:
 1780         (a)Retain any or all of the property for the airport’s own
 1781  use or for use by the state or unit of local government owning
 1782  or operating the airport;
 1783         (b)Trade such property to another unit of local government
 1784  or state agency;
 1785         (c)Donate the property to a charitable organization;
 1786         (d)Sell the property; or
 1787         (e)Dispose of the property through an appropriate refuse
 1788  removal company or a company that provides salvage services for
 1789  the type of personal property found or located on the airport.
 1790  
 1791  The airport shall notify the owner, if known, of property found
 1792  on the airport and that the airport intends to dispose of the
 1793  property in any of the manners permitted in this section.
 1794         (3)If the airport elects to sell the property pursuant to
 1795  paragraph (2)(d), the property must be sold at a public auction
 1796  on the Internet or at a specified physical location after giving
 1797  notice of the time and place of sale, at least 10 calendar days
 1798  before the date of sale, in a publication of general circulation
 1799  within the county where the airport is located and after written
 1800  notice via certified mail, return receipt requested, is provided
 1801  to the owner, if known. Any such notice is deemed sufficient if
 1802  the notice refers to the airport’s intention to sell all then
 1803  accumulated found property, and the notice need not identify
 1804  each item to be sold. The rightful owner of such property may
 1805  reclaim the property at any time before sale by presenting to
 1806  the airport director or the director’s designee acceptable
 1807  evidence of ownership. All proceeds from the sale of the
 1808  property shall be retained by the airport for use by the airport
 1809  in any lawfully authorized manner.
 1810         (4)This section does not preclude the airport from
 1811  allowing a domestic or international air carrier or other tenant
 1812  on premises owned or controlled by the operator of a public-use
 1813  airport from establishing its own lost and found procedures for
 1814  personal property and from disposing of such personal property.
 1815         (5)A purchaser or recipient in good faith of personal
 1816  property sold or obtained under this section takes the property
 1817  free of the rights of persons then holding any legal or
 1818  equitable interest thereto, regardless of whether such interest
 1819  is recorded.
 1820         Section 39. Section 705.183, Florida Statutes, is created
 1821  to read:
 1822         705.183Disposal of derelict or abandoned aircraft on the
 1823  premises of public-use airports.—
 1824         (1)Whenever any derelict or abandoned aircraft is found or
 1825  located on premises owned or controlled by the operator of a
 1826  public-use airport, whether such premises are under a lease or
 1827  license to third parties, the director of the airport or the
 1828  director’s designee shall make a record of the date such
 1829  aircraft was found or determined to be present on the airport.
 1830  The term “derelict aircraft” means any aircraft that is not in a
 1831  flyable condition, does not have a current certificate of air
 1832  worthiness issued by the Federal Aviation Administration, or is
 1833  not in the process of actively being repaired. The term
 1834  “abandoned aircraft” means an aircraft that has been disposed of
 1835  on a public-use airport in a wrecked, inoperative, or partially
 1836  dismantled condition, or an aircraft that has remained in an
 1837  idle state on the premises owned or controlled by the operator
 1838  of a public-use airport for 45 consecutive calendar days.
 1839         (2)The director or the director’s designee shall contact
 1840  the Aircraft Registration Branch of the Federal Aviation
 1841  Administration in order to determine the name and address of the
 1842  last registered aircraft owner and make a diligent personal
 1843  search of the appropriate records, or contact an aircraft title
 1844  search company, in order to determine the name and address of
 1845  any person having an equitable or legal interest in the
 1846  aircraft. Within 10 business days after receipt of this
 1847  information, the director or the director’s designee shall
 1848  notify the owner and all persons having an equitable or legal
 1849  interest in the aircraft by certified mail, return receipt
 1850  requested, advising them of the location of the derelict or
 1851  abandoned aircraft on the airport; that fees and charges for the
 1852  use of the airport by the aircraft have accrued and the amount
 1853  thereof; that the aircraft is subject to a lien as provided in
 1854  subsection (5) for the accrued fees and charges for the use of
 1855  the airport and for the transportation, storage, and removal of
 1856  the aircraft; that the lien is subject to enforcement pursuant
 1857  to law; and that the airport may cause the use, trade, sale, or
 1858  removal of the aircraft as described in s. 705.182(2)(a), (b),
 1859  (d), and (e) if, within 30 calendar days after the date of
 1860  receipt of such notice, the aircraft has not been removed from
 1861  the airport upon payment in full of all accrued fees and charges
 1862  for the use of the airport and for the transportation, storage,
 1863  and removal of the aircraft. Such notice may require removal of
 1864  the aircraft in less than 30 calendar days if the aircraft poses
 1865  a danger to the health or safety of users of the airport, as
 1866  determined by the director or the director’s designee.
 1867         (3)If the owner of the aircraft is unknown or cannot be
 1868  found, the director or the director’s designee shall cause a
 1869  laminated notice to be placed upon such aircraft in
 1870  substantially the following form:
 1871  
 1872         NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
 1873         ATTACHED PROPERTY. This property, to wit: ...(setting
 1874         forth brief description)... is unlawfully upon public
 1875         property known as ...(setting forth brief description
 1876         of location)... and has accrued fees and charges for
 1877         the use of the ...(same description of location as
 1878         above)... and for the transportation, storage, and
 1879         removal of the property. These accrued fees and
 1880         charges must be paid in full and the property must be
 1881         removed within 30 calendar days following the date of
 1882         this notice; otherwise, the property will be removed
 1883         and disposed of pursuant to chapter 705, Florida
 1884         Statutes. The property is subject to a lien for all
 1885         accrued fees and charges for the use of the public
 1886         property known as ...(same description of location as
 1887         above)... by such property and for all fees and
 1888         charges incurred by the public property known as
 1889         ...(same description of location as above)... for the
 1890         transportation, storage, and removal of the property.
 1891         This lien is subject to enforcement pursuant to law.
 1892         The owner will be liable for these fees and charges,
 1893         as well as the cost for publication of this notice.
 1894         Dated this: ...(setting forth the date of posting of
 1895         notice)...., signed: ...(setting forth name, title,
 1896         address, and telephone number of law enforcement
 1897         officer)....
 1898  
 1899  Such notice must be at least 8 inches by 10 inches and
 1900  sufficiently weatherproof to withstand normal exposure to the
 1901  elements. If, at the end of 30 calendar days after posting the
 1902  notice, the owner or any person interested in the derelict or
 1903  abandoned aircraft described has not removed the aircraft from
 1904  the airport upon payment in full of all accrued fees and charges
 1905  for the use of the airport and for the transportation, storage,
 1906  and removal of the aircraft, or shown reasonable cause for
 1907  failure to do so, the director or the director’s designee may
 1908  cause the use, trade, sale, or removal of the aircraft as
 1909  described in s. 705.182(2)(a), (b), (d), and (e).
 1910         (4)Such aircraft shall be removed within the time period
 1911  specified in the notice provided under subsection (2) or (3).
 1912  If, at the end of such period, the owner or any person
 1913  interested in the derelict or abandoned aircraft has not removed
 1914  the aircraft from the airport upon payment in full of all
 1915  accrued fees and charges for the use of the airport and for the
 1916  transportation, storage, and removal of the aircraft, or shown
 1917  reasonable cause for the failure to do so, the director or the
 1918  director’s designee may cause the use, trade, sale, or removal
 1919  of the aircraft as described in s. 705.182(2)(a), (b), (d), and
 1920  (e).
 1921         (a)If the airport elects to sell the aircraft in
 1922  accordance with s. 705.182(2)(d), the aircraft must be sold at
 1923  public auction after giving notice of the time and place of sale
 1924  at least 10 calendar days before the date of sale in a
 1925  publication of general circulation within the county where the
 1926  airport is located and after providing written notice of the
 1927  intended sale to all parties known to have an interest in the
 1928  aircraft.
 1929         (b)If the airport elects to dispose of the aircraft in
 1930  accordance with s. 705.182(2)(e), the airport may negotiate with
 1931  the company for a price to be received from such company in
 1932  payment for the aircraft, or, if circumstances warrant, a price
 1933  to be paid to such company by the airport for the costs of
 1934  disposing of the aircraft. All information pertaining to the
 1935  establishment of such price and the justification for the amount
 1936  of such price shall be prepared and maintained by the airport,
 1937  and such negotiated price shall be deemed to be a commercially
 1938  reasonable price.
 1939         (c)If the sale price or the negotiated price is less than
 1940  the airport’s then-current charges and costs against the
 1941  aircraft, or if the airport is required to pay the salvage
 1942  company for its services, the owner of the aircraft remains
 1943  liable to the airport for the airport’s costs that are not
 1944  offset by the sale price or negotiated price, in addition to the
 1945  owner’s liability for payment to the airport of the price the
 1946  airport was required to pay any salvage company. All costs
 1947  incurred by the airport in the removal, storage, and sale of any
 1948  aircraft are recoverable against the owner thereof.
 1949         (5)The airport has a lien on derelict or abandoned
 1950  aircraft for all fees and charges for the use of the airport by
 1951  such aircraft and for all fees and charges incurred by the
 1952  airport for the transportation, storage, and removal of the
 1953  aircraft. As a prerequisite to perfecting a lien under this
 1954  section, the airport director or the director’s designee must
 1955  serve a notice in accordance with subsection (2) on the last
 1956  registered owner and all persons having an equitable or legal
 1957  interest in the aircraft. The serving of the notice does not
 1958  dispense with recording the claim of lien.
 1959         (6)(a)For the purpose of perfecting its lien under this
 1960  section, the airport shall record a claim of lien which must
 1961  state:
 1962         1.The name and address of the airport.
 1963         2.The name of the last registered aircraft owner and all
 1964  persons having a legal or equitable interest in the aircraft.
 1965         3.The fees and charges incurred by the aircraft for the
 1966  use of the airport, and the fees and charges for the
 1967  transportation, storage, and removal of the aircraft.
 1968         4.A description of the aircraft sufficient for
 1969  identification.
 1970         (b)The claim of lien shall be signed and sworn to or
 1971  affirmed by the airport director or the director’s designee.
 1972         (c)The claim of lien shall be sufficient if it is in
 1973  substantially the following form:
 1974  
 1975         CLAIM OF LIEN
 1976         State of ....
 1977         County of ....
 1978         Before me, the undersigned notary public, personally
 1979  appeared ........, who was duly sworn and says that he/she is
 1980  the .... of ........, whose address is ........; and that the
 1981  following described aircraft:
 1982         (Description of aircraft)
 1983         owned by ................, whose address is ........, has
 1984  accrued $.... in fees and charges for the use by the aircraft of
 1985  ........ and for the transportation, storage, and removal of the
 1986  aircraft from ........; that the lienor served its notice to the
 1987  last registered owner and all persons having a legal or
 1988  equitable interest in the aircraft on ...., ...(year)..., by
 1989  .........
 1990         ...(Signature)...
 1991         Sworn to (or affirmed) and subscribed before me this ....
 1992  day of ....,...(year)..., by ...(name of person making
 1993  statement)....
 1994         ...(Signature of Notary Public)......(Print, Type, or Stamp
 1995  Commissioned name of Notary Public)...
 1996         ...Personally Known or Produced as Identification....
 1997  
 1998  However, the negligent inclusion or omission of any information
 1999  in this claim of lien which does not prejudice the last
 2000  registered owner does not constitute a default that operates to
 2001  defeat an otherwise valid lien.
 2002         (d)The claim of lien shall be served on the last
 2003  registered aircraft owner and all persons having an equitable or
 2004  legal interest in the aircraft. The claim of lien shall be
 2005  served before recordation.
 2006         (e)The claim of lien shall be recorded in the clerk’s
 2007  office. The recording of the claim of lien constitutes
 2008  constructive notice to all persons of the contents and effect of
 2009  such claim. The lien attaches at the time of recordation and
 2010  takes priority as of that time.
 2011         (7)A purchaser or recipient in good faith of an aircraft
 2012  sold or obtained under this section takes the property free of
 2013  the rights of persons then holding any legal or equitable
 2014  interest thereto, whether recorded or not. The purchaser or
 2015  recipient shall notify the appropriate Federal Aviation
 2016  Administration office of such change in the registered owner of
 2017  the aircraft.
 2018         (8)If the aircraft is sold at public sale, the airport
 2019  shall deduct from the proceeds of sale the costs of
 2020  transportation, storage, and publication of notice and all other
 2021  costs reasonably incurred by the airport, and any balance of the
 2022  proceeds shall be deposited into an interest-bearing account
 2023  within 30 calendar days after the airport’s receipt of the
 2024  proceeds and held there for 1 year. The rightful owner of the
 2025  aircraft may claim the balance of the proceeds within 1 year
 2026  after the date of the deposit by making application to the
 2027  airport and presentation to the airport’s director or the
 2028  director’s designee of acceptable written evidence of ownership.
 2029  If no rightful owner comes forward with a claim to the proceeds
 2030  within the 1-year period, the balance of the proceeds shall be
 2031  retained by the airport to be used in any legally authorized
 2032  manner.
 2033         (9)Any person acquiring a legal interest in an aircraft
 2034  that is sold by an airport under the provisions of s. 705.182 or
 2035  this section is the lawful owner of such aircraft and all other
 2036  legal or equitable interests in such aircraft are divested and
 2037  of no further force and effect if the holder of any such legal
 2038  or equitable interest was notified of the intended disposal of
 2039  the aircraft to the extent required in this section. The airport
 2040  may issue documents of disposition to the purchaser or recipient
 2041  of an aircraft disposed of under this section.
 2042         Section 40. Section 705.184, Florida Statutes, is created
 2043  to read:
 2044         705.184Derelict or abandoned motor vehicles on the
 2045  premises of public-use airports.—
 2046         (1)Whenever any derelict or abandoned motor vehicle is
 2047  found on premises owned or controlled by the operator of a
 2048  public-use airport, including airport premises leased to third
 2049  parties, the director of the airport or the director’s designee
 2050  may take charge thereof and make a record of the date such motor
 2051  vehicle was found. The term “derelict motor vehicle” means any
 2052  motor vehicle that is not in a drivable condition. The term
 2053  “abandoned motor vehicle” means a motor vehicle that has been
 2054  disposed of on a public-use airport in a wrecked, inoperative,
 2055  or partially dismantled condition, or a motor vehicle that has
 2056  remained in an idle state on a public-use airport for 45
 2057  consecutive calendar days. After the information relating to the
 2058  derelict or abandoned motor vehicle is recorded in the airport’s
 2059  records, the director or the director’s designee may cause the
 2060  motor vehicle to be removed from airport premises by the
 2061  airport’s own wrecker or by a licensed independent wrecking
 2062  company and stored at a suitable location on or off the airport
 2063  premises. If the director or the director’s designee causes the
 2064  motor vehicle to be removed from airport premises by the
 2065  airport’s own wrecker, the airport is subject to the procedures
 2066  set forth in subsections (2)–(8). If the director or the
 2067  director’s designee causes the motor vehicle to be removed from
 2068  the airport premises by a licensed independent wrecking company,
 2069  the airport is not subject to the procedures set forth in
 2070  subsections (2)–(8).
 2071         (2)The airport director or the director’s designee shall
 2072  contact the Department of Highway Safety and Motor Vehicles in
 2073  order to notify the department that the airport has possession
 2074  of the subject motor vehicle and in order to determine the name
 2075  and address of the owner of the motor vehicle, the insurance
 2076  company insuring the motor vehicle notwithstanding the
 2077  provisions of s. 627.736, and any person who has filed a lien on
 2078  the motor vehicle. Within 7 business days after receipt of this
 2079  information, the director or the director’s designee shall send
 2080  notice by certified mail, return receipt requested, to the owner
 2081  of the motor vehicle, the insurance company insuring the motor
 2082  vehicle notwithstanding the provisions of s. 627.736, and all
 2083  persons of record claiming a lien against the motor vehicle. The
 2084  notice must state the fact of possession of the motor vehicle;
 2085  that charges for a reasonable tow fee, a reasonable storage fee,
 2086  or accrued parking fees, if any, have accrued and the amount
 2087  thereof; that a lien as provided in subsection (6) will be
 2088  claimed; that the lien is subject to enforcement pursuant to
 2089  law; that the owner or lienholder, if any, has the right to a
 2090  hearing as set forth in subsection (4); and that any motor
 2091  vehicle which, at the end of 30 calendar days after receipt of
 2092  the notice, has not been removed from the airport upon payment
 2093  in full of all accrued charges for a reasonable tow fee, a
 2094  reasonable storage fee, and parking fees, if any, may be
 2095  disposed of in any of the manners set forth in s. 705.182(2)(a),
 2096  (b), (d), and (e), including, but not limited to, the motor
 2097  vehicle being sold free of all prior liens after 35 calendar
 2098  days after the date on which the motor vehicle is stored if any
 2099  prior liens on the motor vehicle are more than 5 years of age,
 2100  or after 50 calendar days after the date on which the motor
 2101  vehicle is stored if any prior liens on the motor vehicle are 5
 2102  years of age or less.
 2103         (3)If attempts to notify the owner or lienholder pursuant
 2104  to subsection (2) prove unsuccessful, the requirement of notice
 2105  by mail is deemed met and the director or the director’s
 2106  designee, in accordance with the requirements of subsection (5),
 2107  may cause the motor vehicle to be disposed of in any of the
 2108  manners set forth in s. 705.182(2)(a), (b), (d), and (e),
 2109  including, but not limited to, the motor vehicle being sold free
 2110  of all prior liens after 35 calendar days after the date on
 2111  which the motor vehicle is stored if any prior liens on the
 2112  motor vehicle are more than 5 years of age, or after 50 calendar
 2113  days after the date on which the motor vehicle is stored if any
 2114  prior liens on the motor vehicle are 5 years of age or less.
 2115         (4)(a)The owner of, or any person with a lien on, a motor
 2116  vehicle removed pursuant to subsection (1) within 10 calendar
 2117  days after he or she obtains knowledge of the location of the
 2118  motor vehicle, may file a complaint in the county court of the
 2119  county in which the motor vehicle is stored to determine if his
 2120  or her property was wrongfully taken or withheld.
 2121         (b)Upon filing a complaint, an owner or lienholder may
 2122  have his or her motor vehicle released upon posting with the
 2123  court a cash or surety bond or other adequate security equal to
 2124  the amount of the fees for towing, storage, and accrued parking,
 2125  if any, to ensure the payment of such fees in the event he or
 2126  she does not prevail. Upon the posting of the bond or other
 2127  adequate security and the payment of any applicable fee, the
 2128  clerk of the court shall issue a certificate notifying the
 2129  airport of the posting of the bond or other adequate security
 2130  and directing the airport to release the motor vehicle. At the
 2131  time of such release, after reasonable inspection, the owner or
 2132  lienholder shall give a receipt to the airport reciting any
 2133  claims he or she has for loss or damage to the motor vehicle or
 2134  the contents thereof.
 2135         (5)If, after 30 calendar days after receipt of the notice,
 2136  the owner or any person claiming a lien has not removed the
 2137  motor vehicle from its storage location upon payment in full of
 2138  all accrued charges for a reasonable tow fee, a reasonable
 2139  storage fee, and parking fees, if any, or shown reasonable cause
 2140  for the failure to do so, the airport director or the director’s
 2141  designee may dispose of the motor vehicle by any of the manners
 2142  set forth in s. 705.182(2)(a), (b), (d), and (e). If the airport
 2143  elects to sell the motor vehicle pursuant to s. 705.182(2)(d),
 2144  the motor vehicle may be sold free of all prior liens after 35
 2145  calendar days after the date on which the motor vehicle is
 2146  stored if any prior liens on the motor vehicle are more than 5
 2147  years of age, or after 50 calendar days after the date on which
 2148  the motor vehicle is stored if any prior liens on the motor
 2149  vehicle are 5 years of age or less. The sale shall be a public
 2150  auction on the Internet or at a specified physical location. If
 2151  the date of the sale was not included in the notice required in
 2152  subsection (2), notice of the sale sent by certified mail,
 2153  return receipt requested, shall be given to the owner of the
 2154  motor vehicle and to all persons claiming a lien on the motor
 2155  vehicle. Such notice shall be mailed at least 10 calendar days
 2156  before the date of the sale. In addition to the notice by mail,
 2157  public notice of the time and place of the sale at auction shall
 2158  be made by publishing a notice thereof one time, at least 10
 2159  calendar days before the date of sale, in a newspaper of general
 2160  circulation in the county in which the sale is to be held. All
 2161  costs incurred by the airport for the towing, storage, and sale
 2162  of the motor vehicle, as well as all accrued parking fees, if
 2163  any, shall be recovered by the airport from the proceeds of the
 2164  sale, and any proceeds of the sale in excess of these costs
 2165  shall be retained by the airport for use by the airport in any
 2166  lawfully authorized manner.
 2167         (6)Pursuant to this section, the airport or, if used, a
 2168  licensed independent wrecking company pursuant to s. 713.78, has
 2169  a lien on a derelict or abandoned motor vehicle for a reasonable
 2170  tow fee, a reasonable storage fee, and all accrued parking fees,
 2171  if any; except that a storage fee may not be charged if the
 2172  vehicle is stored less than 6 hours. As a prerequisite to
 2173  perfecting a lien under this section, the airport director or
 2174  the director’s designee must serve a notice in accordance with
 2175  subsection (2) on the owner of the motor vehicle, the insurance
 2176  company insuring the motor vehicle notwithstanding the
 2177  provisions of s. 627.736, and all persons of record claiming a
 2178  lien against the motor vehicle. If attempts to notify the owner,
 2179  the insurance company insuring the motor vehicle notwithstanding
 2180  the provisions of s. 627.736, or lienholders prove unsuccessful,
 2181  the requirement of notice by mail will be considered met. The
 2182  serving of the notice does not dispense with recording the claim
 2183  of lien.
 2184         (7)(a)For the purpose of perfecting its lien under this
 2185  section, the airport shall record a claim of lien, which must
 2186  state:
 2187         1.The name and address of the airport.
 2188         2.The name of the owner of the motor vehicle, the
 2189  insurance company insuring the motor vehicle notwithstanding the
 2190  provisions of s. 627.736, and all persons of record claiming a
 2191  lien against the motor vehicle.
 2192         3.The fees incurred for a reasonable tow, reasonable
 2193  storage, and parking, if any.
 2194         4.A description of the motor vehicle sufficient for
 2195  identification.
 2196         (b)The claim of lien shall be signed and sworn to or
 2197  affirmed by the airport director or the director’s designee.
 2198         (c)The claim of lien is sufficient if it is in
 2199  substantially the following form:
 2200  
 2201         CLAIM OF LIEN
 2202         State of ....
 2203         County of ....
 2204         Before me, the undersigned notary public, personally
 2205  appeared ........, who was duly sworn and says that he/she is
 2206  the ........ of ........, whose address is ........; and that
 2207  the following described motor vehicle:
 2208         ...(Description of motor vehicle)...
 2209         owned by ........, whose address is ........, has accrued
 2210  $.... in fees for a reasonable tow, for storage, and for
 2211  parking, if applicable; that the lienor served its notice to the
 2212  owner, the insurance company insuring the motor vehicle
 2213  notwithstanding the provisions of s. 627.736, and all persons of
 2214  record claiming a lien against the motor vehicle on ....,
 2215  ...(year)..., by .........
 2216         ...(Signature)...
 2217         Sworn to (or affirmed) and subscribed before me this ....
 2218  day of ...., ...(year)..., by ...(name of person making
 2219  statement)....
 2220         ...(Signature of Notary Public)...(...Print, Type, or Stamp
 2221  Commissioned name of Notary Public)...
 2222         ...Personally Known or Produced as Identification....
 2223  
 2224  However, the negligent inclusion or omission of any information
 2225  in this claim of lien which does not prejudice the owner does
 2226  not constitute a default that operates to defeat an otherwise
 2227  valid lien.
 2228         (d)The claim of lien shall be served on the owner of the
 2229  motor vehicle, the insurance company insuring the motor vehicle
 2230  notwithstanding the provisions of s. 627.736, and all persons of
 2231  record claiming a lien against the motor vehicle. If attempts to
 2232  notify the owner, the insurance company insuring the motor
 2233  vehicle notwithstanding the provisions of s. 627.736, or
 2234  lienholders prove unsuccessful, the requirement of notice by
 2235  mail will be deemed met. The claim of lien shall be served
 2236  before recordation.
 2237         (e)The claim of lien shall be recorded in the clerk’s
 2238  office. The recording of the claim of lien is constructive
 2239  notice to all persons of the contents and effect of such claim.
 2240  The lien attaches at the time of recordation and takes priority
 2241  as of that time.
 2242         (8)A purchaser or recipient in good faith of a motor
 2243  vehicle sold or obtained under this section takes the property
 2244  free of the rights of persons then holding any legal or
 2245  equitable interest thereto, regardless of whether such interest
 2246  is recorded.
 2247         Section 41. This act shall take effect July 1, 2010.

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