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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

245556

CHAMBER ACTION

Senate

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House



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Senator Dockery moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 2254-2874

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and insert:

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     (a) Contract with the freight rail operator or its

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successors, from whom the department has acquired a real property

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interest in the rail corridor, to establish that each party is

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solely responsible for any liability, cost, or expense it causes,

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including, but not limited to, commuter rail passengers, rail

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corridor invitees, or trespassers in the rail corridor.

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     (b) Purchase liability insurance which amount shall not

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exceed $200 million and establish a self-insurance retention fund

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for the purpose of paying the deductible limit established in the

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insurance policies it may obtain, including coverage for the

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department, any freight rail operator as described in paragraph

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(a), commuter rail service providers, governmental entities, or

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ancillary development; however, the insureds shall pay a

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reasonable monetary contribution to the cost of such liability

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coverage for the sole benefit of the insured. Such insurance and

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self-insurance retention fund may provide coverage for all

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damages, including, but not limited to, compensatory, special,

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and exemplary, and be maintained to provide an adequate fund to

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cover claims and liabilities for loss, injury, or damage arising

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out of or connected with the ownership, operation, maintenance,

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and management of a rail corridor.

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     (c) Incur expenses for the purchase of advertisements,

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marketing, and promotional items.

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Neither the assumption by contract to protect, defend, indemnify,

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and hold harmless; the purchase of insurance; nor the

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establishment of a self-insurance retention fund shall be deemed

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to be a waiver of any defense of sovereign immunity for torts nor

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deemed to increase the limits of the department's or the

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governmental entity's liability for torts as provided in s.

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768.28. The requirements of s. 287.022(1) shall not apply to the

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purchase of any insurance hereunder. The provisions of this

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subsection shall apply and inure fully as to any other

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governmental entity providing commuter rail service and

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constructing, operating, maintaining, or managing a rail corridor

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on publicly owned right-of-way under contract by the governmental

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entity with the department or a governmental entity designated by

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the department.

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     (19)(17) Exercise such other functions, powers, and duties

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in connection with the rail system plan as are necessary to

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develop a safe, efficient, and effective statewide transportation

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system.

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     Section 37.  Section 341.3023, Florida Statutes, is created

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to read:

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     341.3023 Commuter rail programs and intercity rail

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transportation system study.--

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     (1) The department shall undertake a comprehensive review

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and study of commuter railroad programs and intercity railroad

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transportation system plans and their impacts in the state

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through 2028.

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     (2) The review and study shall encompass and include

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information concerning:

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     (a) Commuter rail programs and intercity rail

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transportation system facility and improvement needs and plans,

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including those associated with connectivity to such facilities

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and improvements, outlined or contained in, without limitation

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thereto, the current Florida Transportation Plan developed

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pursuant to s. 339.155(1); regional transportation plans

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developed pursuant to s. 339.155(5); the Strategic Intermodal

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System Plan developed pursuant to s. 339.64; the adopted work

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plan developed pursuant to s. 339.135; long-range transportation

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plans developed pursuant to s. 339.175(7); transportation

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improvement plans of relevant metropolitan planning organizations

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developed pursuant to s. 339.175(8); plans, information, and

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studies prepared for or by the authorities created in parts I,

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II, III, and V of chapter 343; relevant studies and information

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previously prepared by the department and the Transportation

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Commission; and the transportation and capital improvement

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elements of relevant approved local government comprehensive

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plans.

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     (b) A detailed review of funding in the state for commuter

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rail programs and intercity rail transportation system

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improvements, projects, facilities, equipment, rights-of-way,

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operating costs, and other costs during the previous 20 years

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from state, federal, and local government sources.

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     (c) An assessment of the impacts of commuter rail programs

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and intercity rail transportation system improvements, projects,

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and facilities that have been undertaken in the state during the

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previous 20 years and their impact on the state, regional, and

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local transportation system and Florida's economic development.

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     (d) Proposed commuter rail programs and intercity rail

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transportation system improvements, projects, and facilities

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throughout the state to be undertaken during the next 20 years,

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including, based upon the best available, existing data, a

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detailed listing of specific projects with estimates of the costs

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of each specific project; projected timelines for such

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improvements, projects, and facilities; and the estimated

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priority of each such improvement, project, and facility.

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     (e) A map of those proposed improvements, projects, and

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facilities.

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     (f) A finance plan based upon reasonable projections of

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anticipated revenues available to the department and units of

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local government, including both 10-year and 20-year cost-

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feasible components, for such improvements, projects, and

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facilities that demonstrates how or what portion of such

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improvements, projects, and facilities can be implemented.

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     (g) A feasibility study of the best alternatives for

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implementing intercity passenger railroad service between the

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Tampa Bay region and the greater Orlando area.

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     (h) A proposed prioritization process, including

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alternatives, for commuter railroad and intercity railroad

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improvements, projects, and facilities.

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     (i) Funding alternatives for commuter rail programs and

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intercity rail transportation system improvements, projects, and

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facilities including specific resources, both public and private,

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that are reasonably expected to be available to accomplish such

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improvements, projects, and facilities and any innovative

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financing techniques that might be used to fund such

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improvements, projects, and facilities.

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     (3) The report shall also include detailed information and

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findings about negative impacts caused by current, or projected

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to be caused by proposed, commuter rail programs and intercity

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rail transportation system projects or freight railroad traffic

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in urban areas of the state. For the purpose of this section,

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"negative impacts" means those caused by noise, vibration, and

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vehicular traffic congestion and delays occurring at rail and

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road intersections. "Urban areas" means those areas within or

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adjacent to a municipality generally characterized by high

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density development and building patterns, greater concentration

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of population, and a high level and concentration of public

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services and facilities. The Orlando commuter rail project means

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the Central Florida Rail Corridor, a line of railroad between

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Deland and Poinciana. The report shall include, without

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limitation:

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     (a) Options and alternatives for eliminating negative

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impacts associated with increased freight railroad traffic and

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freight railroad congestions within urban areas resulting from

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commuter rail programs or intercity rail transportation system

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improvements, projects, and facilities, including specifically

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those associated with the Orlando commuter railroad project.

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     (b) Proposed freight railroad improvements, projects, and

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facilities to be undertaken in the next 20 years, including those

138

associated with the Orlando commuter railroad project, to

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eliminate such negative impacts, including, based upon the best

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available, existing data, a detailed listing of specific projects

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with estimates of the costs of each specific improvement,

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project, and facility; projected timelines for such improvements,

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projects, and facilities; the estimated priority of each such

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improvement, project, and facility; and the benefits to public

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safety, economic development, and downtown development and

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redevelopment from such improvements, projects, and facilities.

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     (c) A map of those proposed improvements, projects, and

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facilities.

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     (d) A finance plan based upon reasonable projections of

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anticipated revenues available to the department and units of

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local government, including both 10-year and 20-year cost-

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feasible components, for such improvements, projects, and

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facilities that demonstrates how or what portion of such

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improvements, projects, and facilities can be implemented, as it

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is the intent of the Legislature and the public policy of the

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state that such negative impacts of commuter rail programs, and

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intercity rail transportation system projects funded by the

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state, including those associated with the Orlando commuter

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railroad project, be eliminated not later than 8 years after

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commuter rail programs and intercity rail transportation system

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projects begin operation.

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     (4) The report containing the information required pursuant

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to subsections (1), (2), and (3) shall be delivered to the

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Governor, the President of the Senate, the Speaker of the House

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of Representatives, and the leaders of the minority parties of

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the Senate and House of Representatives on or before January 15,

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2009.

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     Section 38. Part III of chapter 343, Florida Statutes,

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consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,

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343.76, and 343.77, is repealed.

171

     Section 39.  Subsection (4) of section 348.0003, Florida

172

Statutes, is amended to read:

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     348.0003  Expressway authority; formation; membership.--

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     (4)(a)  An authority may employ an executive secretary, an

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executive director, its own counsel and legal staff, technical

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experts, and such engineers and employees, permanent or

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temporary, as it may require and shall determine the

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qualifications and fix the compensation of such persons, firms,

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or corporations. An authority may employ a fiscal agent or

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agents; however, the authority must solicit sealed proposals from

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at least three persons, firms, or corporations for the

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performance of any services as fiscal agents. An authority may

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delegate to one or more of its agents or employees such of its

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power as it deems necessary to carry out the purposes of the

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Florida Expressway Authority Act, subject always to the

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supervision and control of the authority. Members of an authority

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may be removed from office by the Governor for misconduct,

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malfeasance, misfeasance, or nonfeasance in office.

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     (b)  Members of an authority are entitled to receive from

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the authority their travel and other necessary expenses incurred

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in connection with the business of the authority as provided in

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s. 112.061, but they may not draw salaries or other compensation.

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     (c) Members of each expressway an authority, transportation

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authority, bridge authority, or toll authority, created pursuant

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to this chapter, chapter 343, or chapter 349, or pursuant to any

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other legislative enactment, shall be required to comply with the

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applicable financial disclosure requirements of s. 8, Art. II of

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the State Constitution. This subsection does not subject a

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statutorily created expressway authority, transportation

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authority, bridge authority, or toll authority, other than one

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created under this part, to any of the requirements of this part

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other than those contained in this subsection.

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     Section 40.  Paragraph (c) is added to subsection (1) of

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section 348.0004, Florida Statutes, to read:

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     348.0004  Purposes and powers.--

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     (1)

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     (c) Notwithstanding any other provision of law, expressway

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authorities created under parts I-X of chapter 348 may index toll

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rates on toll facilities to the annual Consumer Price Index or

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similar inflation indicators. Once a toll rate index has been

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implemented pursuant to this paragraph, the toll rate index shall

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remain in place and may not be revoked. Toll rate index for

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inflation under this subsection must be adopted and approved by

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the expressway authority board at a public meeting and may be

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made no more frequently than once a year and must be made no less

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frequently than once every 5 years as necessary to accommodate

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cash toll rate schedules. Toll rates may be increased beyond

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these limits as directed by bond documents, covenants, or

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governing body authorization or pursuant to department

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administrative rule.

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     Section 41.  Subsection (1) of section 479.01, Florida

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Statutes, is amended to read:

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     479.01  Definitions.--As used in this chapter, the term:

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     (1) "Automatic changeable facing" means a facing that which

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through a mechanical system is capable of delivering two or more

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advertising messages through an automated or remotely controlled

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process and shall not rotate so rapidly as to cause distraction

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to a motorist.

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     Section 42.  Subsections (1), (5), and (9) of section

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479.07, Florida Statutes, are amended to read:

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     479.07  Sign permits.--

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     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

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person may not erect, operate, use, or maintain, or cause to be

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erected, operated, used, or maintained, any sign on the State

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Highway System outside an urban incorporated area, as defined in

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s. 334.03(32), or on any portion of the interstate or federal-aid

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primary highway system without first obtaining a permit for the

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sign from the department and paying the annual fee as provided in

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this section. For purposes of this section, "on any portion of

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the State Highway System, interstate, or federal-aid primary

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system" shall mean a sign located within the controlled area

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which is visible from any portion of the main-traveled way of

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such system.

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     (5)(a)  For each permit issued, the department shall furnish

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to the applicant a serially numbered permanent metal permit tag.

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The permittee is responsible for maintaining a valid permit tag

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on each permitted sign facing at all times. The tag shall be

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securely attached to the sign facing or, if there is no facing,

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on the pole nearest the highway; and it shall be attached in such

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a manner as to be plainly visible from the main-traveled way.

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Effective July 1, 2011, the tag shall be securely attached to the

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upper 50 percent of the pole nearest the highway and shall be

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attached in such a manner as to be plainly visible from the main-

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traveled way. The permit will become void unless the permit tag

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is properly and permanently displayed at the permitted site

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within 30 days after the date of permit issuance. If the

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permittee fails to erect a completed sign on the permitted site

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within 270 days after the date on which the permit was issued,

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the permit will be void, and the department may not issue a new

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permit to that permittee for the same location for 270 days after

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the date on which the permit became void.

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     (b)  If a permit tag is lost, stolen, or destroyed, the

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permittee to whom the tag was issued may must apply to the

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department for a replacement tag. The department shall establish

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by rule a service fee for replacement tags in an amount that will

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recover the actual cost of providing the replacement tag. Upon

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receipt of the application accompanied by the a service fee of

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$3, the department shall issue a replacement permit tag.

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Alternatively, the permittee may provide its own replacement tag

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pursuant to department specifications which the department shall

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establish by rule at the time it establishes the service fee for

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replacement tags.

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     (9)(a)  A permit shall not be granted for any sign for which

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a permit had not been granted by the effective date of this act

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unless such sign is located at least:

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     1.  One thousand five hundred feet from any other permitted

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sign on the same side of the highway, if on an interstate

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highway.

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     2.  One thousand feet from any other permitted sign on the

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same side of the highway, if on a federal-aid primary highway.

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The minimum spacing provided in this paragraph does not preclude

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the permitting of V-type, back-to-back, side-to-side, stacked, or

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double-faced signs at the permitted sign site. If a sign is

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visible from the controlled area of more than one highway subject

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to the jurisdiction of the department, the sign shall meet the

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permitting requirements of, and, if the sign meets the applicable

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permitting requirements, be permitted to, the highway with the

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more stringent permitting requirements.

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     (b)  A permit shall not be granted for a sign pursuant to

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this chapter to locate such sign on any portion of the interstate

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or federal-aid primary highway system, which sign:

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     1.  Exceeds 50 feet in sign structure height above the crown

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of the main-traveled way, if outside an incorporated area;

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     2.  Exceeds 65 feet in sign structure height above the crown

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of the main-traveled way, if inside an incorporated area; or

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     3.  Exceeds 950 square feet of sign facing including all

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embellishments.

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     (c)  Notwithstanding subparagraph (a)1., there is

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established a pilot program in Orange, Hillsborough, and Osceola

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Counties, and within the boundaries of the City of Miami, under

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which the distance between permitted signs on the same side of an

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interstate highway may be reduced to 1,000 feet if all other

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requirements of this chapter are met and if:

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     1.  The local government has adopted a plan, program,

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resolution, ordinance, or other policy encouraging the voluntary

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removal of signs in a downtown, historic, redevelopment, infill,

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or other designated area which also provides for a new or

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replacement sign to be erected on an interstate highway within

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that jurisdiction if a sign in the designated area is removed;

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     2.  The sign owner and the local government mutually agree

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to the terms of the removal and replacement; and

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     3.  The local government notifies the department of its

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intention to allow such removal and replacement as agreed upon

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pursuant to subparagraph 2.

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The department shall maintain statistics tracking the use of the

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provisions of this pilot program based on the notifications

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received by the department from local governments under this

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paragraph.

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     Section 43.  Section 479.08, Florida Statutes, is amended to

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read:

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     479.08  Denial or revocation of permit.--The department has

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the authority to deny or revoke any permit requested or granted

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under this chapter in any case in which it determines that the

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application for the permit contains knowingly false or knowingly

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misleading information. The department has the authority to

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revoke any permit granted under this chapter in any case in which

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or that the permittee has violated any of the provisions of this

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chapter, unless such permittee, within 30 days after the receipt

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of notice by the department, corrects such false or misleading

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information and complies with the provisions of this chapter. For

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the purpose of this section, the notice of violation issued by

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the department shall describe in detail the alleged violation.

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Any person aggrieved by any action of the department in denying

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or revoking a permit under this chapter may, within 30 days after

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receipt of the notice, apply to the department for an

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administrative hearing pursuant to chapter 120. If a timely

339

request for hearing has been filed and the department issues a

340

final order revoking a permit, such revocation shall be effective

341

30 days after the date of rendition. Except for department action

342

pursuant to s. 479.107(1), the filing of a timely and proper

343

notice of appeal shall operate to stay the revocation until the

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department's action is upheld.

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     Section 44.  Section 479.156, Florida Statutes, is amended

346

to read:

347

     479.156  Wall murals.--Notwithstanding any other provision

348

of this chapter, a municipality or county may permit and regulate

349

wall murals within areas designated by such government. If a

350

municipality or county permits wall murals, a wall mural that

351

displays a commercial message and is within 660 feet of the

352

nearest edge of the right-of-way within an area adjacent to the

353

interstate highway system or the federal-aid primary highway

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system shall be located in an area that is zoned for industrial

355

or commercial use and the municipality or county shall establish

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and enforce regulations for such areas that, at a minimum, set

357

forth criteria governing the size, lighting, and spacing of wall

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murals consistent with the intent of the Highway Beautification

359

Act of 1965 and with customary use. Whenever a municipality or

360

county exercises such control and makes a determination of

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customary use, pursuant to 23 U.S.C. s. 131(d), such

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determination shall be accepted in lieu of controls in the

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agreement between the state and the United States Department of

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Transportation, and the department shall certify effective local

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control pursuant to 23 U.S.C. s. 131(d) and C.F.R. s. 750.706(c).

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A wall mural that is subject to municipal or county regulation

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and the Highway Beautification Act of 1965 must be approved by

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the Department of Transportation pursuant to and the Federal

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Highway Administration and may not violate the agreement and

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between the state and the United States Department of

371

Transportation or violate federal regulations enforced by the

372

Department of Transportation under s. 479.02(1). The existence of

373

a wall mural as defined in s. 479.01(27) shall not be considered

374

in determining whether a sign as defined in s. 479.01(17), either

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existing or new, is in compliance with s. 479.07(9)(a).

376

     Section 45.  Subsections (1), (3), (4), and (5) of section

377

479.261, Florida Statutes, are amended to read:

378

     479.261  Logo sign program.--

379

     (1)  The department shall establish a logo sign program for

380

the rights-of-way of the interstate highway system to provide

381

information to motorists about available gas, food, lodging, and

382

camping, attractions, and other services, as approved by the

383

Federal Highway Administration, at interchanges, through the use

384

of business logos, and may include additional interchanges under

385

the program. A logo sign for nearby attractions may be added to

386

this program if allowed by federal rules.

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     (a)  An attraction as used in this chapter is defined as an

388

establishment, site, facility, or landmark that which is open a

389

minimum of 5 days a week for 52 weeks a year; that which charges

390

an admission for entry; which has as its principal focus family-

391

oriented entertainment, cultural, educational, recreational,

392

scientific, or historical activities; and that which is publicly

393

recognized as a bona fide tourist attraction. However, the

394

permits for businesses seeking to participate in the attractions

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logo sign program shall be awarded by the department annually to

396

the highest bidders, notwithstanding the limitation on fees in

397

subsection (5), which are qualified for available space at each

398

qualified location, but the fees therefor may not be less than

399

the fees established for logo participants in other logo

400

categories.

401

     (b)  The department shall incorporate the use of RV-friendly

402

markers on specific information logo signs for establishments

403

that cater to the needs of persons driving recreational vehicles.

404

Establishments that qualify for participation in the specific

405

information logo program and that also qualify as "RV-friendly"

406

may request the RV-friendly marker on their specific information

407

logo sign. An RV-friendly marker must consist of a design

408

approved by the Federal Highway Administration. The department

409

shall adopt rules in accordance with chapter 120 to administer

410

this paragraph, including rules setting forth the minimum

411

requirements that establishments must meet in order to qualify as

412

RV-friendly. These requirements shall include large parking

413

spaces, entrances, and exits that can easily accommodate

414

recreational vehicles and facilities having appropriate overhead

415

clearances, if applicable.

416

     (c) The department may implement a 3-year rotation-based

417

logo program providing for the removal and addition of

418

participating businesses in the program.

419

     (3)  Logo signs may be installed upon the issuance of an

420

annual permit by the department or its agent and payment of a an

421

application and permit fee to the department or its agent.

422

     (4)  The department may contract pursuant to s. 287.057 for

423

the provision of services related to the logo sign program,

424

including recruitment and qualification of businesses, review of

425

applications, permit issuance, and fabrication, installation, and

426

maintenance of logo signs. The department may reject all

427

proposals and seek another request for proposals or otherwise

428

perform the work. If the department contracts for the provision

429

of services for the logo sign program, the contract must require,

430

unless the business owner declines, that businesses that

431

previously entered into agreements with the department to

432

privately fund logo sign construction and installation be

433

reimbursed by the contractor for the cost of the signs which has

434

not been recovered through a previously agreed upon waiver of

435

fees. The contract also may allow the contractor to retain a

436

portion of the annual fees as compensation for its services.

437

     (5)  Permit fees for businesses that participate in the

438

program must be established in an amount sufficient to offset the

439

total cost to the department for the program, including contract

440

costs. The department shall provide the services in the most

441

efficient and cost-effective manner through department staff or

442

by contracting for some or all of the services. The department

443

shall adopt rules that set reasonable rates based upon factors

444

such as population, traffic volume, market demand, and costs for

445

annual permit fees. However, annual permit fees for sign

446

locations inside an urban area, as defined in s. 334.03(32), may

447

not exceed $5,000 and annual permit fees for sign locations

448

outside an urban area, as defined in s. 334.03(32), may not

449

exceed $2,500. After recovering program costs, the proceeds from

450

the logo program shall be deposited into the State Transportation

451

Trust Fund and used for transportation purposes. Such annual

452

permit fee shall not exceed $1,250.

453

     Section 46. Business partnerships; display of names.--

454

     (1) School districts are encouraged to partner with local

455

businesses for the purposes of mentorship opportunities,

456

development of employment options and additional funding sources,

457

and other mutual benefits.

458

     (2) As a pilot program through June 30, 2011, the Palm

459

Beach County School District may publicly display the names and

460

recognitions of their business partners on school district

461

property in unincorporated areas. Examples of appropriate

462

business partner recognition include "Project Graduation" and

463

athletic sponsorships. The district shall make every effort to

464

display business partner names in a manner that is consistent

465

with the county standards for uniformity in size, color, and

466

placement of the signs. Whenever the provisions of this section

467

are inconsistent with the provisions of the county ordinances or

468

regulations relating to signs or the provisions of chapter 125,

469

chapter 166, or chapter 479, Florida Statutes, in the

470

unincorporated areas, the provisions of this section shall

471

prevail.

472

473

================ T I T L E  A M E N D M E N T ================

474

And the title is amended as follows:

475

     Delete lines 147-197

476

and insert:

477

implementing commuter rail service; authorizing the

478

department to enter contracts with certain entities

479

relating to the rail corridor concerning responsibility

480

for certain liabilities, costs, or expenses; authorizing

481

the department to purchase and provide insurance in

482

relation to rail corridors; authorizing marketing and

483

promotional expenses; extending provisions to other

484

governmental entities providing commuter rail service on

485

public right-of-way; creating s. 341.3023, F.S.; requiring

486

the department to review and study commuter rail programs

487

and intercity rail transportation systems; requiring a

488

report to the Governor and the Legislature; repealing part

489

III of ch. 343 F.S.; abolishing the Tampa Bay Commuter

490

Transit Authority; amending s. 348.0003, F.S.; providing

491

for financial disclosure for expressway, transportation,

492

bridge, and toll authorities; amending s. 348.0004, F.S.;

493

providing for certain expressway authorities to index toll

494

rate increases; amending s. 479.01, F.S.; revising

495

provisions for outdoor advertising; revising the

496

definition of the term "automatic changeable facing";

497

amending s. 479.07, F.S.; revising a prohibition against

498

signs on the State Highway System; revising requirements

499

for display of the sign permit tag; directing the

500

department to establish by rule a fee for furnishing a

501

replacement permit tag; revising the pilot project for

502

permitted signs to include Hillsborough County and areas

503

within the boundaries of the City of Miami; amending s.

504

479.08, F.S.; revising provisions for denial or revocation

505

of a sign permit; amending s. 479.156, F.S.; revising

506

provisions for a municipality or county to permit and

507

regulate wall murals; amending s. 479.261, F.S.; revising

508

requirements for the logo sign program of the interstate

509

highway system; deleting provisions providing for permits

510

to be awarded to the highest bidders; requiring the

511

department to implement a rotation-based logo program;

512

requiring the department to adopt rules that set

513

reasonable rates based on certain factors for annual

514

permit fees; requiring that such fees not exceed a certain

515

amount for sign locations inside and outside an urban

516

area; creating a business partnership pilot program;

517

authorizing the Palm Beach County School District to

518

display names of business partners on district property in

519

unincorporated areas; exempting the program from specified

520

provisions; requiring the department to

4/30/2008  1:41:00 PM     15-09221-08

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

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