Bill Text: FL H1363 | 2011 | Regular Session | Engrossed

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Bill Title: Transportation

Spectrum:

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1363 Detail]

Download: Florida-2011-H1363-Engrossed.html

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CS/CS/CS/HB 1363

1	A bill to be entitled
2	An act relating to transportation; amending s. 120.80,
3	F.S., relating to rulemaking; exempting the adjustment of
4	tolls under specified provisions from provisions requiring
5	a statement of estimated regulatory costs and a
6	requirement for legislative ratification; amending s.
7	316.091, F.S.; prohibiting use of human-powered vehicles
8	on limited access highways and bridges; requiring the
9	Department of Transportation to establish a pilot program
10	to open certain limited access highways and bridges to
11	bicycles and other human-powered vehicles; providing
12	requirements for the pilot program; authorizing the
13	department to continue or expand the program after the end
14	of the pilot period; requiring a report to the Governor
15	and the Legislature; amending s. 316.302, F.S.; exempting
16	operators of farm labor vehicles from certain safety
17	regulations under certain circumstances; amending s.
18	331.303, F.S.; defining "spaceport launch support
19	facilities"; amending s. 334.03, F.S.; revising
20	definitions for purposes of the Florida Transportation
21	Code; amending s. 334.044, F.S.; revising the powers and
22	duties of the department relating to jurisdictional
23	responsibility and designating facilities; revising the
24	types of transportation projects for which landscaping
25	materials must be purchased; limiting the amount of funds
26	that may be allocated for such purchases; revising the
27	department's duties related to agreements with Space
28	Florida; amending s. 334.047, F.S.; removing a provision
29	prohibiting the department from establishing a maximum
30	number of miles of urban principal arterial roads within a
31	district or county; amending s. 336.021, F.S.; revising
32	the date when imposition of the ninth-cent fuel tax is to
33	be levied; amending s. 336.025, F.S.; revising the dates
34	when impositions or rate changes of the local option fuel
35	tax are to be levied and when counties must notify the
36	Department of Revenue of such rates or rate changes;
37	revising the definition of "transportation expenditures";
38	amending s. 337.111, F.S.; providing additional forms of
39	security for the cost of removal of monuments or memorials
40	or modifications to an installation site at highway rest
41	areas; removing a provision requiring renewal of a bond;
42	amending ss. 337.403 and 337.404, F.S.; revising
43	provisions for alleviation of interference with a public
44	road or publically owned rail corridor caused by a utility
45	facility; requiring the utility owner to initiate and
46	complete the work necessary within a certain time period;
47	providing for notice to the utility; revising provisions
48	for payment of costs; revising provisions for completion
49	of work when the utility owner does not perform the work;
50	amending s. 337.408, F.S.; revising provisions for certain
51	facilities installed within the right-of-way limits of
52	roads; requiring counties and municipalities to indemnify
53	the department from certain claims relating to the
54	installation, removal, or relocation of a noncompliant
55	bench or shelter; authorizing the department to direct a
56	county or municipality to remove or relocate a bus stop,
57	bench, transit shelter, waste disposal receptacle, public
58	pay telephone, or modular news rack that is not in
59	compliance with applicable laws or rules; directing the
60	department to remove or relocate such installation and
61	charge the cost to the county or municipality; authorizing
62	the department to deduct the cost from funding available
63	to the municipality or county from the department;
64	removing a provision for the replacement of an unusable
65	transit bus bench that was in service before a certain
66	date; revising the title of chapter 338, F.S.; repealing
67	s. 338.001, F.S., relating to provisions for the Florida
68	Intrastate Highway System Plan; amending s. 338.01, F.S.;
69	including authority of the department in provisions for
70	the establishment of limited access facilities; amending
71	s. 339.155, F.S.; revising provisions for statewide
72	transportation planning by the department; providing for
73	federally required transportation planning factors;
74	revising provisions for the Florida Transportation Plan;
75	removing requirements that the plan include a long-range
76	component and a short-range component; removing certain
77	reporting requirements; revising requirements for public
78	participation in the planning process; amending s.
79	339.175, F.S.; providing that representatives of the
80	department shall serve as nonvoting advisers to a
81	metropolitan planning organization; authorizing the
82	appointment of additional nonvoting advisers; amending s.
83	339.63, F.S.; providing for inclusion of certain access
84	facilities in the Strategic Intermodal System and the
85	Emerging Strategic Intermodal System; amending s. 339.64,
86	F.S.; revising provisions for development of the Strategic
87	Intermodal System Plan; removing the Statewide Intermodal
88	Transportation Advisory Council; creating s. 339.65, F.S.;
89	providing for the department to plan and develop Strategic
90	Intermodal System highway corridors; providing for
91	allocations of funds on a specified basis; providing for
92	corridor projects to be included in the department's
93	adopted work program and changes to be a separate part of
94	the tentative work program; amending s. 341.302, F.S.;
95	providing for construction of safety measures along
96	passenger rail corridors and improvements at intermodal
97	stations; amending s. 348.0003, F.S.; revising financial
98	disclosure requirements for certain transportation
99	authorities; amending s. 349.03, F.S.; providing for
100	financial disclosure requirements for the Jacksonville
101	Transportation Authority; amending s. 349.04, F.S.;
102	providing that the Jacksonville Transportation Authority
103	may conduct meetings and workshops using communications
104	media technology; providing that certain actions may not
105	be taken unless a quorum is present in person; providing
106	that members must be physically present to vote on any
107	item; amending s. 373.413, F.S.; providing legislative
108	intent regarding flexibility in the permitting of
109	stormwater management systems; requiring the cost of
110	stormwater treatment for a transportation project to be
111	balanced with benefits to the public; absolving the
112	Department of Transportation of responsibility for the
113	abatement of pollutants entering its stormwater facilities
114	from offsite sources and from updating permits for
115	adjacent lands impacted by right-of-way acquisition;
116	authorizing the water management districts and the
117	Department of Environmental Protection to adopt rules;
118	creating s. 479.075, F.S.; defining the terms "sign" and
119	"sign permit fee"; establishing limitations on fees
120	charged for sign permits; requiring a fee schedule to be
121	based on actual costs; providing that the fee may not
122	exceed certain costs; requiring the local government
123	maintain information to justify certain costs; providing
124	that specified provisions do not apply to certain signs;
125	providing for effect with respect to any agreement,
126	resolution, or ordinance; requiring removal of a sign to
127	adhere to specified provisions; amending s. 479.106, F.S.;
128	revising requirements for an application for a permit to
129	remove, cut, or trim trees or vegetation around a sign;
130	requiring that the application include a vegetation
131	management plan, a mitigation contribution to a trust
132	fund, or a combination of both; providing certain
133	evaluation criteria; providing criteria for the use of
134	herbicides; providing a time limit within which the
135	Department of Transportation must act; providing that the
136	permit is valid for 5 years; providing for an extension of
137	the permit; reducing the number of nonconforming signs
138	that must be removed before a permit may be issued for
139	certain signs; providing criteria for view zones;
140	requiring the department to provide notice to the sign
141	owner of beautification projects or vegetation planting;
142	amending s. 28, ch. 2008-174, Laws of Florida; revising
143	the expiration of a pilot program that authorizes the Palm
144	Beach County school district to recognize its business
145	partners by displaying such business partners' names on
146	school district property in unincorporated areas;
147	designating Edna S. Hargrett-Thrower Avenue in Orange
148	County; designating SP4 Thomas Berry Corbin Memorial
149	Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr.
150	Memorial Highway in Dixie County; designating Marine Lance
151	Corporal Brian R. Buesing Memorial Highway, United States
152	Army Sergeant Karl A. Campbell Memorial Highway, and U.S.
153	Army SPC James A. Page Memorial Highway in Levy County;
154	designating Veterans Memorial Highway in Putnam County;
155	designating Ben G. Watts Highway in Washington County;
156	designating Mardi Gras Way, West Park Boulevard, and
157	Pembroke Park Boulevard in Broward County; designating
158	Stark Memorial Drive and Duval County Law Enforcement
159	Memorial Overpass in Duval County; designating Verna Bell
160	Way in Nassau County; designating Deputy Hal P. Croft and
161	Deputy Ronald Jackson Memorial Highway in Union County;
162	designating Dr. Oscar Elias Biscet Boulevard in Miami-Dade
163	County; designating Alma Lee Loy Bridge in Indian River
164	County; amending ss. 24 and 45, ch. 2010-230, Laws of
165	Florida; revising the designation for Miss Lillie Williams
166	Boulevard and Father Gerard Jean-Juste Street in Miami-
167	Dade County; directing the Department of Transportation to
168	erect suitable markers; amending ss. 163.3180, 288.063,
169	311.07, 311.09, 316.2122, 316.515, 336.01, 338.222,
170	338.223, 338.2275, 338.228, 339.2819, 339.285, 341.8225,
171	479.01, 479.07, and 479.261, F.S., relating to
172	transportation concurrency, contracts, port facilities,
173	Florida Seaport Transportation and Economic Development
174	Council, low-speed vehicles and mini trucks, width and
175	height limitations, the county road system, turnpike
176	projects, revenue bonds, Transportation Regional Incentive
177	Program, Enhanced Bridge Program for Sustainable
178	Transportation, high-speed rail projects, outdoor
179	advertising, sign permits, and the Logo sign program,
180	respectively; revising cross-references; amending ss.
181	163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
182	341.053, and 403.7211, F.S., relating to comprehensive
183	plans, traffic infractions, standards for lanes, services
184	related to the financing of projects, concessions along
185	the turnpike, components of the Strategic Intermodal
186	System, Intermodal Development Program, and hazardous
187	waste facilities, respectively; revising references to
188	conform to the incorporation of the Florida Intrastate
189	Highway System into the Strategic Intermodal System and to
190	changes made by the act; amending s. 20.23, F.S.;
191	providing that the Florida Statewide Passenger Rail
192	Commission has the primary and exclusive authority to
193	monitor certain designated functions related to passenger
194	rail systems; removing from the Florida Transportation
195	Commission the responsibility and duty to monitor the
196	efficiency, productivity, and management of all publicly
197	funded passenger rail systems in the state; amending s.
198	311.09, F.S.; providing that Citrus County may apply for a
199	grant for a feasibility study through the Florida Seaport
200	Transportation and Economic Development Council; providing
201	for the evaluation of the application; requiring the
202	Department of Transportation to include the study in its
203	budget request under certain circumstances; amending s.
204	212.055, F.S.; requiring counties to revise, as necessary,
205	any interlocal agreements entered into with municipalities
206	for the distribution of proceeds of the discretionary
207	sales surcharge in order that newly participating
208	municipalities may receive a share of the distribution;
209	specifying conditions by which a municipality may receive
210	a distribution of the sales surcharge; amending s.
211	316.613, F.S.; providing an exception for certain for-hire
212	passenger vehicles from provisions requiring the use of
213	child restraint devices in motor vehicles; providing
214	effective dates.
215
216	Be It Enacted by the Legislature of the State of Florida:
217
218	Section 1.  Subsection (17) is added to section 120.80,
219	Florida Statutes, to read:
220	120.80  Exceptions and special requirements; agencies.-
221	(17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
222	and 120.541 do not apply to the adjustment of tolls pursuant to
223	s. 338.165(3).
224	Section 2.  Subsection (4) of section 316.091, Florida
225	Statutes, is amended, present subsection (5) of that section is
226	renumbered as subsection (6), and a new subsection (5) is added
227	to that section, to read:
228	316.091  Limited access facilities; interstate highways;
229	use restricted.-
230	(4)  No person shall operate a bicycle or other human-
231	powered vehicle on the roadway or along the shoulder of a
232	limited access highway, including bridges, unless official signs
233	and a designated marked bicycle lane are present at the entrance
234	of the section of highway indicating that such use is permitted
235	pursuant to a pilot program of the Department of Transportation
236	an interstate highway.
237	(5)  The Department of Transportation shall establish a 2-
238	year pilot program, in three separate urban areas, in which it
239	shall erect signs and designate marked bicycle lanes indicating
240	highway approaches and bridge segments of limited access
241	highways as open to use by operators of bicycles and other
242	human-powered vehicles, under the following conditions:
243	(a)  The limited access highway approaches and bridge
244	segments chosen must cross a river, lake, bay, inlet, or surface
245	water where no street or highway crossing the water body is
246	available for use within 2 miles of the entrance to the limited
247	access facility measured along the shortest public right-of-way.
248	(b)  The Department of Transportation, with the concurrence
249	of the Federal Highway Administration on the interstate
250	facilities, shall establish the three highway approaches and
251	bridge segments for the pilot project by October 1, 2011. In
252	selecting the highway approaches and bridge segments, the
253	Department of Transportation shall consider, without limitation,
254	a minimum size of population in the urban area within 5 miles of
255	the highway approach and bridge segment, the lack of bicycle
256	access by other means, cost, safety, and operational impacts.
257	(c)  The Department of Transportation shall begin the pilot
258	program by erecting signs and designating marked bicycle lanes
259	indicating highway approaches and bridge segments of limited
260	access highways, as qualified by the conditions described in
261	this subsection, as open to use by operators of bicycles and
262	other human-powered vehicles no later than January 1, 2012.
263	(d)  The Department of Transportation shall conduct the
264	pilot program for a minimum of 2 years following the
265	implementation date. The department may continue to provide
266	bicycle access on the highway approaches and bridge segments
267	chosen for the pilot program or initiate bicycle access on other
268	limited access facilities after the end of the program.
269	(e)  The Department of Transportation shall submit a report
270	of its findings and recommendations from the pilot program to
271	the Governor, the President of the Senate, and the Speaker of
272	the House of Representatives by September 1, 2014. The report
273	shall include, at a minimum, bicycle crash data occurring in the
274	designated segments of the pilot program, usage by operators of
275	bicycles and other human-powered vehicles, enforcement issues,
276	operational impacts, and the cost of the pilot program.
277	Section 3.  Paragraph (b) of subsection (2) of section
278	316.302, Florida Statutes, is amended to read:
279	316.302  Commercial motor vehicles; safety regulations;
280	transporters and shippers of hazardous materials; enforcement.-
281	(2)
282	(b)  Except as provided in 49 C.F.R. s. 395.1, a person who
283	operates a commercial motor vehicle solely in intrastate
284	commerce not transporting any hazardous material in amounts that
285	require placarding pursuant to 49 C.F.R. part 172 may not drive:
286	1.  More than 12 hours following 10 consecutive hours off
287	duty; or
288	2.  For any period after the end of the 16th hour after
289	coming on duty following 10 consecutive hours off duty.
290
291	The provisions of This paragraph does do not apply to operators
292	of farm labor vehicles during a state of emergency declared by
293	the Governor or under s. 570.07(21) or to drivers of utility
294	service vehicles as defined in 49 C.F.R. s. 395.2.
295	Section 4.  Subsection (17) of section 331.303, Florida
296	Statutes, is amended to read:
297	331.303  Definitions.-
298	(17)  "Spaceport launch support facilities" means
299	industrial facilities as described in s. 380.0651(3)(c) and
300	includes include any launch pad, launch control center, and
301	fixed launch-support equipment, facilities located at launch
302	sites or launch ranges that are required to support launch
303	activities, including launch vehicle assembly, launch vehicle
304	operations and control, communications, flight safety functions,
305	and payload operations, control, and processing, as defined in
306	chapter 84 of Title 15 of the United States Code, Commercial
307	Space Competitiveness, 15 U.S.C. s. 5802, launch support
308	infrastructure, and transportation infrastructure necessary to
309	support space launch activities.
310	Section 5.  Section 334.03, Florida Statutes, is amended to
311	read:
312	334.03  Definitions.-When used in the Florida
313	Transportation Code, the term:
314	(1)(37)  "511" or "511 services" means three-digit
315	telecommunications dialing to access interactive voice response
316	telephone traveler information services provided in the state as
317	defined by the Federal Communications Commission in FCC Order
318	No. 00-256, July 31, 2000.
319	(1)  "Arterial road" means a route providing service which
320	is relatively continuous and of relatively high traffic volume,
321	long average trip length, high operating speed, and high
322	mobility importance. In addition, every United States numbered
323	highway is an arterial road.
324	(2)(2)  "Bridge" means a structure, including supports,
325	erected over a depression or an obstruction, such as water or a
326	highway or railway, and having a track or passageway for
327	carrying traffic as defined in chapter 316 or other moving
328	loads.
329	(3)  "City street system" means all local roads within a
330	municipality, and all collector roads inside that municipality,
331	which are not in the county road system.
332	(4)  "Collector road" means a route providing service which
333	is of relatively moderate average traffic volume, moderately
334	average trip length, and moderately average operating speed.
335	Such a route also collects and distributes traffic between local
336	roads or arterial roads and serves as a linkage between land
337	access and mobility needs.
338	(4)(5)  "Commissioners" means the governing body of a
339	county.
340	(5)(6)  "Consolidated metropolitan statistical area" means
341	two or more metropolitan statistical areas that are socially and
342	economically interrelated as defined by the United States Bureau
343	of the Census.
344	(6)(7)  "Controlled access facility" means a street or
345	highway to which the right of access is highly regulated by the
346	governmental entity having jurisdiction over the facility in
347	order to maximize the operational efficiency and safety of the
348	high-volume through traffic utilizing the facility. Owners or
349	occupants of abutting lands and other persons have a right of
350	access to or from such facility at such points only and in such
351	manner as may be determined by the governmental entity.
352	(7)(8)  "County road system" means all collector roads in
353	the unincorporated areas of a county and all extensions of such
354	collector roads into and through any incorporated areas, all
355	local roads in the unincorporated areas, and all urban minor
356	arterial roads not in the State Highway System.
357	(8)(9)  "Department" means the Department of
358	Transportation.
359	(10)  "Florida Intrastate Highway System" means a system of
360	limited access and controlled access facilities on the State
361	Highway System which have the capacity to provide high-speed and
362	high-volume traffic movements in an efficient and safe manner.
363	(9)(11)  "Functional classification" means the assignment
364	of roads into systems according to the character of service they
365	provide in relation to the total road network using procedures
366	developed by the Federal Highway Administration. Basic
367	functional categories include arterial roads, collector roads,
368	and local roads which may be subdivided into principal, major,
369	or minor levels. Those levels may be additionally divided into
370	rural and urban categories.
371	(10)(12)  "Governmental entity" means a unit of government,
372	or any officially designated public agency or authority of a
373	unit of government, that has the responsibility for planning,
374	construction, operation, or maintenance or jurisdiction over
375	transportation facilities; the term includes the Federal
376	Government, the state government, a county, an incorporated
377	municipality, a metropolitan planning organization, an
378	expressway or transportation authority, a road and bridge
379	district, a special road and bridge district, and a regional
380	governmental unit.
381	(11)(38)  "Interactive voice response" means a software
382	application that accepts a combination of voice telephone input
383	and touch-tone keypad selection and provides appropriate
384	responses in the form of voice, fax, callback, e-mail, and other
385	media.
386	(12)(13)  "Limited access facility" means a street or
387	highway especially designed for through traffic, and over, from,
388	or to which owners or occupants of abutting land or other
389	persons have no right or easement of access, light, air, or view
390	by reason of the fact that their property abuts upon such
391	limited access facility or for any other reason. Such highways
392	or streets may be facilities from which trucks, buses, and other
393	commercial vehicles are excluded; or they may be facilities open
394	to use by all customary forms of street and highway traffic.
395	(13)(14)  "Local governmental entity" means a unit of
396	government with less than statewide jurisdiction, or any
397	officially designated public agency or authority of such a unit
398	of government, that has the responsibility for planning,
399	construction, operation, or maintenance of, or jurisdiction
400	over, a transportation facility; the term includes, but is not
401	limited to, a county, an incorporated municipality, a
402	metropolitan planning organization, an expressway or
403	transportation authority, a road and bridge district, a special
404	road and bridge district, and a regional governmental unit.
405	(15)  "Local road" means a route providing service which is
406	of relatively low average traffic volume, short average trip
407	length or minimal through-traffic movements, and high land
408	access for abutting property.
409	(14)(16)  "Metropolitan area" means a geographic region
410	comprising as a minimum the existing urbanized area and the
411	contiguous area projected to become urbanized within a 20-year
412	forecast period. The boundaries of a metropolitan area may be
413	designated so as to encompass a metropolitan statistical area or
414	a consolidated metropolitan statistical area. If a metropolitan
415	area, or any part thereof, is located within a nonattainment
416	area, the boundaries of the metropolitan area must be designated
417	so as to include the boundaries of the entire nonattainment
418	area, unless otherwise provided by agreement between the
419	applicable metropolitan planning organization and the Governor.
420	(15)(17)  "Metropolitan statistical area" means an area
421	that includes a municipality of 50,000 persons or more, or an
422	urbanized area of at least 50,000 persons as defined by the
423	United States Bureau of the Census, provided that the component
424	county or counties have a total population of at least 100,000.
425	(16)(18)  "Nonattainment area" means an area designated by
426	the United States Environmental Protection Agency, pursuant to
427	federal law, as exceeding national primary or secondary ambient
428	air quality standards for the pollutants carbon monoxide or
429	ozone.
430	(17)(19)  "Periodic maintenance" means activities that are
431	large in scope and require a major work effort to restore
432	deteriorated components of the transportation system to a safe
433	and serviceable condition, including, but not limited to, the
434	repair of large bridge structures, major repairs to bridges and
435	bridge systems, and the mineral sealing of lengthy sections of
436	roadway.
437	(18)(20)  "Person" means any person described in s. 1.01 or
438	any unit of government in or outside the state.
439	(19)(21)  "Right of access" means the right of ingress to a
440	highway from abutting land and egress from a highway to abutting
441	land.
442	(20)(22)  "Right-of-way" means land in which the state, the
443	department, a county, or a municipality owns the fee or has an
444	easement devoted to or required for use as a transportation
445	facility.
446	(21)(23)  "Road" means a way open to travel by the public,
447	including, but not limited to, a street, highway, or alley. The
448	term includes associated sidewalks, the roadbed, the right-of-
449	way, and all culverts, drains, sluices, ditches, water storage
450	areas, waterways, embankments, slopes, retaining walls, bridges,
451	tunnels, and viaducts necessary for the maintenance of travel
452	and all ferries used in connection therewith.
453	(22)(24)  "Routine maintenance" means minor repairs and
454	associated tasks necessary to maintain a safe and efficient
455	transportation system. The term includes: pavement patching;
456	shoulder repair; cleaning and repair of drainage ditches,
457	traffic signs, and structures; mowing; bridge inspection and
458	maintenance; pavement striping; litter cleanup; and other
459	similar activities.
460	(23)(25)  "State Highway System" means the following, which
461	shall be facilities to which access is regulated:
462	(a)  the interstate system and all other roads within the
463	state which were under the jurisdiction of the state on June 10,
464	1995, and roads constructed by an agency of the state for the
465	State Highway System, and roads transferred to the state's
466	jurisdiction after that date by mutual consent with another
467	governmental entity, but not roads so transferred from the
468	state's jurisdiction. Such facilities shall be facilities to
469	which access is regulated.;
470	(b)  All rural arterial routes and their extensions into
471	and through urban areas;
472	(c)  All urban principal arterial routes; and
473	(d)  The urban minor arterial mileage on the existing State
474	Highway System as of July 1, 1987, plus additional mileage to
475	comply with the 2-percent requirement as described below.
476
477	However, not less than 2 percent of the public road mileage of
478	each urbanized area on record as of June 30, 1986, shall be
479	included as minor arterials in the State Highway System.
480	Urbanized areas not meeting the foregoing minimum requirement
481	shall have transferred to the State Highway System additional
482	minor arterials of the highest significance in which case the
483	total minor arterials in the State Highway System from any
484	urbanized area shall not exceed 2.5 percent of that area's total
485	public urban road mileage.
486	(24)(26)  "State Park Road System" means roads embraced
487	within the boundaries of state parks and state roads leading to
488	state parks, other than roads of the State Highway System, the
489	county road systems, or the city street systems.
490	(25)(27)  "State road" means a street, road, highway, or
491	other way open to travel by the public generally and dedicated
492	to the public use according to law or by prescription and
493	designated by the department, as provided by law, as part of the
494	State Highway System.
495	(26)(28)  "Structure" means a bridge, viaduct, tunnel,
496	causeway, approach, ferry slip, culvert, toll plaza, gate, or
497	other similar facility used in connection with a transportation
498	facility.
499	(27)(29)  "Sufficiency rating" means the objective rating
500	of a road or section of a road for the purpose of determining
501	its capability to serve properly the actual or anticipated
502	volume of traffic using the road.
503	(28)(30)  "Transportation corridor" means any land area
504	designated by the state, a county, or a municipality which is
505	between two geographic points and which area is used or suitable
506	for the movement of people and goods by one or more modes of
507	transportation, including areas necessary for management of
508	access and securing applicable approvals and permits.
509	Transportation corridors shall contain, but are not limited to,
510	the following:
511	(a)  Existing publicly owned rights-of-way;
512	(b)  All property or property interests necessary for
513	future transportation facilities, including rights of access,
514	air, view, and light, whether public or private, for the purpose
515	of securing and utilizing future transportation rights-of-way,
516	including, but not limited to, any lands reasonably necessary
517	now or in the future for securing applicable approvals and
518	permits, borrow pits, drainage ditches, water retention areas,
519	rest areas, replacement access for landowners whose access could
520	be impaired due to the construction of a future facility, and
521	replacement rights-of-way for relocation of rail and utility
522	facilities.
523	(29)(31)  "Transportation facility" means any means for the
524	transportation of people or property from place to place which
525	is constructed, operated, or maintained in whole or in part from
526	public funds. The term includes the property or property rights,
527	both real and personal, which have been or may be established by
528	public bodies for the transportation of people or property from
529	place to place.
530	(30)(32)  "Urban area" means a geographic region comprising
531	as a minimum the area inside the United States Bureau of the
532	Census boundary of an urban place with a population of 5,000 or
533	more persons, expanded to include adjacent developed areas as
534	provided for by Federal Highway Administration regulations.
535	(33)  "Urban minor arterial road" means a route that
536	generally interconnects with and augments an urban principal
537	arterial road and provides service to trips of shorter length
538	and a lower level of travel mobility. The term includes all
539	arterials not classified as "principal" and contain facilities
540	that place more emphasis on land access than the higher system.
541	(31)(34)  "Urban place" means a geographic region composed
542	of one or more contiguous census tracts that have been found by
543	the United States Bureau of the Census to contain a population
544	density of at least 1,000 persons per square mile.
545	(35)  "Urban principal arterial road" means a route that
546	generally serves the major centers of activity of an urban area,
547	the highest traffic volume corridors, and the longest trip
548	purpose and carries a high proportion of the total urban area
549	travel on a minimum of mileage. Such roads are integrated, both
550	internally and between major rural connections.
551	(32)(36)  "Urbanized area" means a geographic region
552	comprising as a minimum the area inside an urban place of 50,000
553	or more persons, as designated by the United States Bureau of
554	the Census, expanded to include adjacent developed areas as
555	provided for by Federal Highway Administration regulations.
556	Urban areas with a population of fewer than 50,000 persons which
557	are located within the expanded boundary of an urbanized area
558	are not separately recognized.
559	Section 6.  Subsections (11), (13), (26), and (33) of
560	section 334.044, Florida Statutes, are amended to read:
561	334.044  Department; powers and duties.-The department
562	shall have the following general powers and duties:
563	(11)  To establish a numbering system for public roads, and
564	to functionally classify such roads, and to assign
565	jurisdictional responsibility.
566	(13)  To designate existing and to plan proposed
567	transportation facilities as part of the State Highway System,
568	and to construct, maintain, and operate such facilities.
569	(26)  To provide for the enhancement of environmental
570	benefits, including air and water quality; to prevent roadside
571	erosion; to conserve the natural roadside growth and scenery;
572	and to provide for the implementation and maintenance of
573	roadside conservation, enhancement, and stabilization programs.
574	No more less than 1.5 percent of the amount contracted for
575	construction projects that add capacity to the existing system
576	shall be allocated by the department for the purchase of plant
577	materials., with, To the greatest extent practical, a minimum of
578	50 percent of these funds shall be allocated for large plant
579	materials and the remaining funds for other plant materials. All
580	such plant materials shall be purchased from Florida commercial
581	nursery stock in this state on a uniform competitive bid basis.
582	The department will develop grades and standards for landscaping
583	materials purchased through this process. To accomplish these
584	activities, the department may contract with nonprofit
585	organizations having the primary purpose of developing youth
586	employment opportunities.
587	(33)  To enter into agreement with Space Florida to
588	coordinate and cooperate in the development of spaceport
589	infrastructure as defined in s. 331.303(10) and (17) and related
590	transportation facilities contained in the Strategic Intermodal
591	System Plan and, where appropriate, encourage the cooperation
592	and integration of airports and spaceports in order to meet
593	transportation-related needs.
594	Section 7.  Section 334.047, Florida Statutes, is amended
595	to read:
596	334.047  Prohibition.-Notwithstanding any other provision
597	of law to the contrary, the Department of Transportation may not
598	establish a cap on the number of miles in the State Highway
599	System or a maximum number of miles of urban principal arterial
600	roads, as defined in s. 334.03, within a district or county.
601	Section 8.  Subsection (5) of section 336.021, Florida
602	Statutes, is amended to read:
603	336.021  County transportation system; levy of ninth-cent
604	fuel tax on motor fuel and diesel fuel.-
605	(5)  All impositions of the tax shall be levied before
606	October 1 July 1 of each year to be effective January 1 of the
607	following year. However, levies of the tax which were in effect
608	on July 1, 2002, and which expire on August 31 of any year may
609	be reimposed at the current authorized rate to be effective
610	September 1 of the year of expiration. All impositions shall be
611	required to end on December 31 of a year. A decision to rescind
612	the tax shall not take effect on any date other than December 31
613	and shall require a minimum of 60 days' notice to the department
614	of such decision.
615	Section 9.  Paragraphs (a) and (b) of subsection (1),
616	paragraph (a) of subsection (5), and paragraphs (d) and (e) of
617	subsection (7) of section 336.025, Florida Statutes, are amended
618	to read:
619	336.025  County transportation system; levy of local option
620	fuel tax on motor fuel and diesel fuel.-
621	(1)(a)  In addition to other taxes allowed by law, there
622	may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
623	1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
624	fuel tax upon every gallon of motor fuel and diesel fuel sold in
625	a county and taxed under the provisions of part I or part II of
626	chapter 206.
627	1.  All impositions and rate changes of the tax shall be
628	levied before October 1 July 1 to be effective January 1 of the
629	following year for a period not to exceed 30 years, and the
630	applicable method of distribution shall be established pursuant
631	to subsection (3) or subsection (4). However, levies of the tax
632	which were in effect on July 1, 2002, and which expire on August
633	31 of any year may be reimposed at the current authorized rate
634	effective September 1 of the year of expiration. Upon
635	expiration, the tax may be relevied provided that a
636	redetermination of the method of distribution is made as
637	provided in this section.
638	2.  County and municipal governments shall utilize moneys
639	received pursuant to this paragraph only for transportation
640	expenditures.
641	3.  Any tax levied pursuant to this paragraph may be
642	extended on a majority vote of the governing body of the county.
643	A redetermination of the method of distribution shall be
644	established pursuant to subsection (3) or subsection (4), if,
645	after July 1, 1986, the tax is extended or the tax rate changed,
646	for the period of extension or for the additional tax.
647	(b)  In addition to other taxes allowed by law, there may
648	be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
649	cent, 4-cent, or 5-cent local option fuel tax upon every gallon
650	of motor fuel sold in a county and taxed under the provisions of
651	part I of chapter 206. The tax shall be levied by an ordinance
652	adopted by a majority plus one vote of the membership of the
653	governing body of the county or by referendum.
654	1.  All impositions and rate changes of the tax shall be
655	levied before October 1 July 1, to be effective January 1 of the
656	following year. However, levies of the tax which were in effect
657	on July 1, 2002, and which expire on August 31 of any year may
658	be reimposed at the current authorized rate effective September
659	1 of the year of expiration.
660	2.  The county may, prior to levy of the tax, establish by
661	interlocal agreement with one or more municipalities located
662	therein, representing a majority of the population of the
663	incorporated area within the county, a distribution formula for
664	dividing the entire proceeds of the tax among county government
665	and all eligible municipalities within the county. If no
666	interlocal agreement is adopted before the effective date of the
667	tax, tax revenues shall be distributed pursuant to the
668	provisions of subsection (4). If no interlocal agreement exists,
669	a new interlocal agreement may be established prior to June 1 of
670	any year pursuant to this subparagraph. However, any interlocal
671	agreement agreed to under this subparagraph after the initial
672	levy of the tax or change in the tax rate authorized in this
673	section shall under no circumstances materially or adversely
674	affect the rights of holders of outstanding bonds which are
675	backed by taxes authorized by this paragraph, and the amounts
676	distributed to the county government and each municipality shall
677	not be reduced below the amount necessary for the payment of
678	principal and interest and reserves for principal and interest
679	as required under the covenants of any bond resolution
680	outstanding on the date of establishment of the new interlocal
681	agreement.
682	3.  County and municipal governments shall use moneys
683	received pursuant to this paragraph for transportation
684	expenditures needed to meet the requirements of the capital
685	improvements element of an adopted comprehensive plan or for
686	expenditures needed to meet immediate local transportation
687	problems and for other transportation-related expenditures that
688	are critical for building comprehensive roadway networks by
689	local governments. For purposes of this paragraph, expenditures
690	for the construction of new roads, the reconstruction or
691	resurfacing of existing paved roads, or the paving of existing
692	graded roads shall be deemed to increase capacity and such
693	projects shall be included in the capital improvements element
694	of an adopted comprehensive plan. Expenditures for purposes of
695	this paragraph shall not include routine maintenance of roads.
696	(5)(a)  By October 1 July 1 of each year, the county shall
697	notify the Department of Revenue of the rate of the taxes levied
698	pursuant to paragraphs (1)(a) and (b), and of its decision to
699	rescind or change the rate of a tax, if applicable, and shall
700	provide the department with a certified copy of the interlocal
701	agreement established under subparagraph (1)(b)2. or
702	subparagraph (3)(a)1. with distribution proportions established
703	by such agreement or pursuant to subsection (4), if applicable.
704	A decision to rescind a tax shall not take effect on any date
705	other than December 31 and shall require a minimum of 60 days'
706	notice to the Department of Revenue of such decision.
707	(7)  For the purposes of this section, "transportation
708	expenditures" means expenditures by the local government from
709	local or state shared revenue sources, excluding expenditures of
710	bond proceeds, for the following programs:
711	(d)  Street lighting installation, operation, maintenance,
712	and repair.
713	(e)  Traffic signs;, traffic engineering;, signalization
714	installation, operation, maintenance, and repair; and pavement
715	markings.
716	Section 10.  Subsection (4) of section 337.111, Florida
717	Statutes, is amended to read:
718	337.111  Contracting for monuments and memorials to
719	military veterans at rest areas.-The Department of
720	Transportation is authorized to enter into contract with any
721	not-for-profit group or organization that has been operating for
722	not less than 2 years for the installation of monuments and
723	memorials honoring Florida's military veterans at highway rest
724	areas around the state pursuant to the provisions of this
725	section.
726	(4)  The group or organization making the proposal shall
727	provide a 10-year bond, an annual renewable bond, an irrevocable
728	letter of credit, or other form of security as approved by the
729	department's comptroller, for the purpose of securing the cost
730	of removal of the monument and any modifications made to the
731	site as part of the placement of the monument should the
732	Department of Transportation determine it necessary to remove or
733	relocate the monument. Such removal or relocation shall be
734	approved by the committee described in subsection (1). Prior to
735	expiration, the bond shall be renewed for another 10-year period
736	if the memorial is to remain in place.
737	Section 11.  Section 337.403, Florida Statutes, is amended
738	to read:
739	337.403  Interference caused by Relocation of utility;
740	expenses.-
741	(1)  When a Any utility heretofore or hereafter placed
742	upon, under, over, or along any public road or publicly owned
743	rail corridor that is found by the authority to be unreasonably
744	interfering in any way with the convenient, safe, or continuous
745	use, or the maintenance, improvement, extension, or expansion,
746	of such public road or publicly owned rail corridor, the utility
747	owner shall, upon 30 days' written notice to the utility or its
748	agent by the authority, initiate the work necessary to alleviate
749	the interference be removed or relocated by such utility at its
750	own expense except as provided in paragraphs (a)-(f). The work
751	shall be completed within such reasonable time as stated in the
752	notice or such time as agreed to by the authority and the
753	utility owner.
754	(a)  If the relocation of utility facilities, as referred
755	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
756	627 of the 84th Congress, is necessitated by the construction of
757	a project on the federal-aid interstate system, including
758	extensions thereof within urban areas, and the cost of the
759	project is eligible and approved for reimbursement by the
760	Federal Government to the extent of 90 percent or more under the
761	Federal Aid Highway Act, or any amendment thereof, then in that
762	event the utility owning or operating such facilities shall
763	perform any necessary work relocate the facilities upon notice
764	from order of the department, and the state shall pay the entire
765	expense properly attributable to such work relocation after
766	deducting therefrom any increase in the value of any the new
767	facility and any salvage value derived from any the old
768	facility.
769	(b)  When a joint agreement between the department and the
770	utility is executed for utility improvement, relocation, or
771	removal work to be accomplished as part of a contract for
772	construction of a transportation facility, the department may
773	participate in those utility work improvement, relocation, or
774	removal costs that exceed the department's official estimate of
775	the cost of the work by more than 10 percent. The amount of such
776	participation shall be limited to the difference between the
777	official estimate of all the work in the joint agreement plus 10
778	percent and the amount awarded for this work in the construction
779	contract for such work. The department may not participate in
780	any utility work improvement, relocation, or removal costs that
781	occur as a result of changes or additions during the course of
782	the contract.
783	(c)  When an agreement between the department and utility
784	is executed for utility improvement, relocation, or removal work
785	to be accomplished in advance of a contract for construction of
786	a transportation facility, the department may participate in the
787	cost of clearing and grubbing necessary to perform such work.
788	(d)  If the utility facility involved being removed or
789	relocated was initially installed to exclusively serve the
790	department, its tenants, or both, the department shall bear the
791	costs of the utility work removing or relocating that utility
792	facility. However, the department is not responsible for bearing
793	the cost of utility work related to removing or relocating any
794	subsequent additions to that facility for the purpose of serving
795	others.
796	(e)  If, under an agreement between a utility and the
797	authority entered into after July 1, 2009, the utility conveys,
798	subordinates, or relinquishes a compensable property right to
799	the authority for the purpose of accommodating the acquisition
800	or use of the right-of-way by the authority, without the
801	agreement expressly addressing future responsibility for the
802	cost of necessary utility work removing or relocating the
803	utility, the authority shall bear the cost of removal or
804	relocation. This paragraph does not impair or restrict, and may
805	not be used to interpret, the terms of any such agreement
806	entered into before July 1, 2009.
807	(f)  If the utility is an electric facility being relocated
808	underground in order to enhance vehicular, bicycle, and
809	pedestrian safety and in which ownership of the electric
810	facility to be placed underground has been transferred from a
811	private to a public utility within the past 5 years, the
812	department shall incur all costs of the necessary utility work
813	relocation.
814	(2)  If such utility work removal or relocation is
815	incidental to work to be done on such road or publicly owned
816	rail corridor, the notice shall be given at the same time the
817	contract for the work is advertised for bids, or no less than 30
818	days prior to the commencement of such work by the authority,
819	whichever is greater.
820	(3)  Whenever the notice from an order of the authority
821	requires such utility work removal or change in the location of
822	any utility from the right-of-way of a public road or publicly
823	owned rail corridor, and the owner thereof fails perform the
824	work to remove or change the same at his or her own expense to
825	conform to the order within the time stated in the notice or
826	such other time as agreed to by the authority and the utility
827	owner, the authority shall proceed to cause the utility work to
828	be performed to be removed. The expense thereby incurred shall
829	be paid out of any money available therefor, and such expense
830	shall, except as provided in subsection (1), be charged against
831	the owner and levied and collected and paid into the fund from
832	which the expense of such relocation was paid.
833	Section 12.  Subsection (1) of section 337.404, Florida
834	Statutes, is amended to read:
835	337.404  Removal or relocation of utility facilities;
836	notice and order; court review.-
837	(1)  Whenever it shall become necessary for the authority
838	to perform utility work remove or relocate any utility as
839	provided in s. 337.403 the preceding section, the owner of the
840	utility, or the owner's chief agent, shall be given notice that
841	the authority will perform of such work removal or relocation
842	and, after the work is complete, shall be given an order
843	requiring the payment of the cost thereof, and a shall be given
844	reasonable time, which shall not be less than 20 nor more than
845	30 days, in which to appear before the authority to contest the
846	reasonableness of the order. Should the owner or the owner's
847	representative not appear, the determination of the cost to the
848	owner shall be final. Authorities considered agencies for the
849	purposes of chapter 120 shall adjudicate removal or relocation
850	of utilities pursuant to chapter 120.
851	Section 13.  Subsections (1) and (4) of section 337.408,
852	Florida Statutes, are amended to read:
853	337.408  Regulation of bus stops, benches, transit
854	shelters, street light poles, waste disposal receptacles, and
855	modular news racks within rights-of-way.-
856	(1)  Benches or transit shelters, including advertising
857	displayed on benches or transit shelters, may be installed
858	within the right-of-way limits of any municipal, county, or
859	state road, except a limited access highway, provided that such
860	benches or transit shelters are for the comfort or convenience
861	of the general public or are at designated stops on official bus
862	routes and provided that written authorization has been given to
863	a qualified private supplier of such service by the municipal
864	government within whose incorporated limits such benches or
865	transit shelters are installed or by the county government
866	within whose unincorporated limits such benches or transit
867	shelters are installed. A municipality or county may authorize
868	the installation, without public bid, of benches and transit
869	shelters together with advertising displayed thereon within the
870	right-of-way limits of such roads. All installations shall be in
871	compliance with all applicable laws and rules, including,
872	without limitation, the Americans with Disabilities Act.
873	Municipalities or counties shall indemnify, defend, and hold
874	harmless the department from any suits, actions, proceedings,
875	claims, losses, costs, charges, expenses, damages, liabilities,
876	attorney fees, and court costs relating to the installation,
877	removal, or relocation of such installations. Any contract for
878	the installation of benches or transit shelters or advertising
879	on benches or transit shelters which was entered into before
880	April 8, 1992, without public bidding is ratified and affirmed.
881	Such benches or transit shelters may not interfere with right-
882	of-way preservation and maintenance. Any bench or transit
883	shelter located on a sidewalk within the right-of-way limits of
884	any road on the State Highway System or the county road system
885	shall be located so as to leave at least 36 inches of clearance
886	for pedestrians and persons in wheelchairs. Such clearance shall
887	be measured in a direction perpendicular to the centerline of
888	the road.
889	(4)  The department has the authority to direct the
890	immediate relocation or removal of any bus stop, bench, transit
891	shelter, waste disposal receptacle, public pay telephone, or
892	modular news rack that endangers life or property, or that is
893	otherwise not in compliance with applicable laws and rules,
894	except that transit bus benches that were placed in service
895	before April 1, 1992, are not required to comply with bench size
896	and advertising display size requirements established by the
897	department before March 1, 1992. If a municipality or county
898	fails to comply with the department's direction, the department
899	shall remove the noncompliant installation, charge the cost of
900	the removal to the municipality or county, and may deduct or
901	offset such cost from any other funding available to the
902	municipality or county from the department. Any transit bus
903	bench that was in service before April 1, 1992, may be replaced
904	with a bus bench of the same size or smaller, if the bench is
905	damaged or destroyed or otherwise becomes unusable. The
906	department may adopt rules relating to the regulation of bench
907	size and advertising display size requirements. If a
908	municipality or county within which a bench is to be located has
909	adopted an ordinance or other applicable regulation that
910	establishes bench size or advertising display sign requirements
911	different from requirements specified in department rule, the
912	local government requirement applies within the respective
913	municipality or county. Placement of any bench or advertising
914	display on the National Highway System under a local ordinance
915	or regulation adopted under this subsection is subject to
916	approval of the Federal Highway Administration.
917	Section 14.  Chapter 338, Florida Statutes, is retitled
918	"LIMITED ACCESS AND TOLL FACILITIES."
919	Section 15.  Section 338.001, Florida Statutes, is
920	repealed.
921	Section 16.  Subsections (1) through (6) of section 338.01,
922	Florida Statutes, are renumbered as subsections (2) through (7),
923	respectively, and a new subsection (1) is added to that section
924	to read:
925	338.01  Authority to establish and regulate limited access
926	facilities.-
927	(1)  The department is authorized to establish limited
928	access facilities as provided in s. 335.02. The primary function
929	of such limited access facilities is to allow high-speed and
930	high-volume traffic movements within the state. Access to
931	abutting land is subordinate to this function, and such access
932	must be prohibited or highly regulated.
933	Section 17.  Section 339.155, Florida Statutes, is amended
934	to read:
935	339.155  Transportation planning.-
936	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
937	develop and annually update a statewide transportation plan, to
938	be known as the Florida Transportation Plan. The plan shall be
939	designed so as to be easily read and understood by the general
940	public. The purpose of the Florida Transportation Plan is to
941	establish and define the state's long-range transportation goals
942	and objectives to be accomplished over a period of at least 20
943	years within the context of the State Comprehensive Plan, and
944	any other statutory mandates and authorizations and based upon
945	the prevailing principles of: preserving the existing
946	transportation infrastructure; enhancing Florida's economic
947	competitiveness; and improving travel choices to ensure
948	mobility. The Florida Transportation Plan shall consider the
949	needs of the entire state transportation system and examine the
950	use of all modes of transportation to effectively and
951	efficiently meet such needs.
952	(2)  SCOPE OF PLANNING PROCESS.-The department shall carry
953	out a transportation planning process in conformance with s.
954	334.046(1) and 23 U.S.C. s. 135. which provides for
955	consideration of projects and strategies that will:
956	(a)  Support the economic vitality of the United States,
957	Florida, and the metropolitan areas, especially by enabling
958	global competitiveness, productivity, and efficiency;
959	(b)  Increase the safety and security of the transportation
960	system for motorized and nonmotorized users;
961	(c)  Increase the accessibility and mobility options
962	available to people and for freight;
963	(d)  Protect and enhance the environment, promote energy
964	conservation, and improve quality of life;
965	(e)  Enhance the integration and connectivity of the
966	transportation system, across and between modes throughout
967	Florida, for people and freight;
968	(f)  Promote efficient system management and operation; and
969	(g)  Emphasize the preservation of the existing
970	transportation system.
971	(3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
972	Transportation Plan shall be a unified, concise planning
973	document that clearly defines the state's long-range
974	transportation goals and objectives and documents the
975	department's short-range objectives developed to further such
976	goals and objectives. The plan shall:
977	(a)  Include a glossary that clearly and succinctly defines
978	any and all phrases, words, or terms of art included in the
979	plan, with which the general public may be unfamiliar. and shall
980	consist of, at a minimum, the following components:
981	(b)(a)  Document A long-range component documenting the
982	goals and long-term objectives necessary to implement the
983	results of the department consistent with department's findings
984	from its examination of the criteria listed in subsection (2)
985	and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
986	must
987	(c)  Be developed in cooperation with the metropolitan
988	planning organizations and reconciled, to the maximum extent
989	feasible, with the long-range plans developed by metropolitan
990	planning organizations pursuant to s. 339.175. The plan must
991	also
992	(d)  Be developed in consultation with affected local
993	officials in nonmetropolitan areas and with any affected Indian
994	tribal governments. The plan must
995	(e)  Provide an examination of transportation issues likely
996	to arise during at least a 20-year period. The long-range
997	component shall
998	(f)  Be updated at least once every 5 years, or more often
999	as necessary, to reflect substantive changes to federal or state
1000	law.
1001	(b)  A short-range component documenting the short-term
1002	objectives and strategies necessary to implement the goals and
1003	long-term objectives contained in the long-range component. The
1004	short-range component must define the relationship between the
1005	long-range goals and the short-range objectives, specify those
1006	objectives against which the department's achievement of such
1007	goals will be measured, and identify transportation strategies
1008	necessary to efficiently achieve the goals and objectives in the
1009	plan. It must provide a policy framework within which the
1010	department's legislative budget request, the strategic
1011	information resource management plan, and the work program are
1012	developed. The short-range component shall serve as the
1013	department's annual agency strategic plan pursuant to s.
1014	186.021. The short-range component shall be developed consistent
1015	with available and forecasted state and federal funds. The
1016	short-range component shall also be submitted to the Florida
1017	Transportation Commission.
1018	(4)  ANNUAL PERFORMANCE REPORT.-The department shall
1019	develop an annual performance report evaluating the operation of
1020	the department for the preceding fiscal year. The report shall
1021	also include a summary of the financial operations of the
1022	department and shall annually evaluate how well the adopted work
1023	program meets the short-term objectives contained in the short-
1024	range component of the Florida Transportation Plan. This
1025	performance report shall be submitted to the Florida
1026	Transportation Commission and the legislative appropriations and
1027	transportation committees.
1028	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.-
1029	(a)  Upon request by local governmental entities, the
1030	department may in its discretion develop and design
1031	transportation corridors, arterial and collector streets,
1032	vehicular parking areas, and other support facilities which are
1033	consistent with the plans of the department for major
1034	transportation facilities. The department may render to local
1035	governmental entities or their planning agencies such technical
1036	assistance and services as are necessary so that local plans and
1037	facilities are coordinated with the plans and facilities of the
1038	department.
1039	(b)  Each regional planning council, as provided for in s.
1040	186.504, or any successor agency thereto, shall develop, as an
1041	element of its strategic regional policy plan, transportation
1042	goals and policies. The transportation goals and policies must
1043	be prioritized to comply with the prevailing principles provided
1044	in subsection (2) and s. 334.046(1). The transportation goals
1045	and policies shall be consistent, to the maximum extent
1046	feasible, with the goals and policies of the metropolitan
1047	planning organization and the Florida Transportation Plan. The
1048	transportation goals and policies of the regional planning
1049	council will be advisory only and shall be submitted to the
1050	department and any affected metropolitan planning organization
1051	for their consideration and comments. Metropolitan planning
1052	organization plans and other local transportation plans shall be
1053	developed consistent, to the maximum extent feasible, with the
1054	regional transportation goals and policies. The regional
1055	planning council shall review urbanized area transportation
1056	plans and any other planning products stipulated in s. 339.175
1057	and provide the department and respective metropolitan planning
1058	organizations with written recommendations which the department
1059	and the metropolitan planning organizations shall take under
1060	advisement. Further, the regional planning councils shall
1061	directly assist local governments which are not part of a
1062	metropolitan area transportation planning process in the
1063	development of the transportation element of their comprehensive
1064	plans as required by s. 163.3177.
1065	(c)  Regional transportation plans may be developed in
1066	regional transportation areas in accordance with an interlocal
1067	agreement entered into pursuant to s. 163.01 by two or more
1068	contiguous metropolitan planning organizations; one or more
1069	metropolitan planning organizations and one or more contiguous
1070	counties, none of which is a member of a metropolitan planning
1071	organization; a multicounty regional transportation authority
1072	created by or pursuant to law; two or more contiguous counties
1073	that are not members of a metropolitan planning organization; or
1074	metropolitan planning organizations comprised of three or more
1075	counties.
1076	(d)  The interlocal agreement must, at a minimum, identify
1077	the entity that will coordinate the development of the regional
1078	transportation plan; delineate the boundaries of the regional
1079	transportation area; provide the duration of the agreement and
1080	specify how the agreement may be terminated, modified, or
1081	rescinded; describe the process by which the regional
1082	transportation plan will be developed; and provide how members
1083	of the entity will resolve disagreements regarding
1084	interpretation of the interlocal agreement or disputes relating
1085	to the development or content of the regional transportation
1086	plan. Such interlocal agreement shall become effective upon its
1087	recordation in the official public records of each county in the
1088	regional transportation area.
1089	(e)  The regional transportation plan developed pursuant to
1090	this section must, at a minimum, identify regionally significant
1091	transportation facilities located within a regional
1092	transportation area and contain a prioritized list of regionally
1093	significant projects. The level-of-service standards for
1094	facilities to be funded under this subsection shall be adopted
1095	by the appropriate local government in accordance with s.
1096	163.3180(10). The projects shall be adopted into the capital
1097	improvements schedule of the local government comprehensive plan
1098	pursuant to s. 163.3177(3).
1099	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1100	TRANSPORTATION PLANNING.-
1101	(a)  During the development of the long-range component of
1102	the Florida Transportation Plan and prior to substantive
1103	revisions, the department shall provide citizens, affected
1104	public agencies, representatives of transportation agency
1105	employees, other affected employee representatives, private
1106	providers of transportation, and other known interested parties
1107	with an opportunity to comment on the proposed plan or
1108	revisions. These opportunities shall include, at a minimum,
1109	publishing a notice in the Florida Administrative Weekly and
1110	within a newspaper of general circulation within the area of
1111	each department district office.
1112	(b)  During development of major transportation
1113	improvements, such as those increasing the capacity of a
1114	facility through the addition of new lanes or providing new
1115	access to a limited or controlled access facility or
1116	construction of a facility in a new location, the department
1117	shall hold one or more hearings prior to the selection of the
1118	facility to be provided; prior to the selection of the site or
1119	corridor of the proposed facility; and prior to the selection of
1120	and commitment to a specific design proposal for the proposed
1121	facility. Such public hearings shall be conducted so as to
1122	provide an opportunity for effective participation by interested
1123	persons in the process of transportation planning and site and
1124	route selection and in the specific location and design of
1125	transportation facilities. The various factors involved in the
1126	decision or decisions and any alternative proposals shall be
1127	clearly presented so that the persons attending the hearing may
1128	present their views relating to the decision or decisions which
1129	will be made.
1130	(c)  Opportunity for design hearings:
1131	1.  The department, prior to holding a design hearing,
1132	shall duly notify all affected property owners of record, as
1133	recorded in the property appraiser's office, by mail at least 20
1134	days prior to the date set for the hearing. The affected
1135	property owners shall be:
1136	a.  Those whose property lies in whole or in part within
1137	300 feet on either side of the centerline of the proposed
1138	facility.
1139	b.  Those whom the department determines will be
1140	substantially affected environmentally, economically, socially,
1141	or safetywise.
1142	2.  For each subsequent hearing, the department shall
1143	publish notice prior to the hearing date in a newspaper of
1144	general circulation for the area affected. These notices must be
1145	published twice, with the first notice appearing at least 15
1146	days, but no later than 30 days, before the hearing.
1147	3.  A copy of the notice of opportunity for the hearing
1148	must be furnished to the United States Department of
1149	Transportation and to the appropriate departments of the state
1150	government at the time of publication.
1151	4.  The opportunity for another hearing shall be afforded
1152	in any case when proposed locations or designs are so changed
1153	from those presented in the notices specified above or at a
1154	hearing as to have a substantially different social, economic,
1155	or environmental effect.
1156	5.  The opportunity for a hearing shall be afforded in each
1157	case in which the department is in doubt as to whether a hearing
1158	is required.
1159	Section 18.  Paragraph (a) of subsection (4) of section
1160	339.175, Florida Statutes, is amended to read:
1161	339.175  Metropolitan planning organization.-
1162	(4)  APPORTIONMENT.-
1163	(a)  The Governor shall, with the agreement of the affected
1164	units of general-purpose local government as required by federal
1165	rules and regulations, apportion the membership on the
1166	applicable M.P.O. among the various governmental entities within
1167	the area. At the request of a majority of the affected units of
1168	general-purpose local government comprising an M.P.O., the
1169	Governor and a majority of units of general-purpose local
1170	government serving on an M.P.O. shall cooperatively agree upon
1171	and prescribe who may serve as an alternate member and a method
1172	for appointing alternate members who may vote at any M.P.O.
1173	meeting that an alternate member attends in place of a regular
1174	member. The method shall be set forth as a part of the
1175	interlocal agreement describing the M.P.O.'s membership or in
1176	the M.P.O.'s operating procedures and bylaws. The governmental
1177	entity so designated shall appoint the appropriate number of
1178	members to the M.P.O. from eligible officials. Representatives
1179	of the department shall serve as nonvoting advisers to members
1180	of the M.P.O. governing board. Additional nonvoting advisers may
1181	be appointed by the M.P.O. as deemed necessary; however, to the
1182	maximum extent feasible, each M.P.O. shall seek to appoint
1183	nonvoting representatives of various multimodal forms of
1184	transportation not otherwise represented by voting members of
1185	the M.P.O. An M.P.O. shall appoint nonvoting advisers
1186	representing major military installations located within the
1187	jurisdictional boundaries of the M.P.O. upon the request of the
1188	aforesaid major military installations and subject to the
1189	agreement of the M.P.O. All nonvoting advisers may attend and
1190	participate fully in governing board meetings but shall not have
1191	a vote and shall not be members of the governing board. The
1192	Governor shall review the composition of the M.P.O. membership
1193	in conjunction with the decennial census as prepared by the
1194	United States Department of Commerce, Bureau of the Census, and
1195	reapportion it as necessary to comply with subsection (3).
1196	Section 19.  Subsection (2) of section 339.63, Florida
1197	Statutes, is amended to read:
1198	339.63  System facilities designated; additions and
1199	deletions.-
1200	(2)  The Strategic Intermodal System and the Emerging
1201	Strategic Intermodal System include four three different types
1202	of facilities that each form one component of an interconnected
1203	transportation system which types include:
1204	(a)  Existing or planned hubs that are ports and terminals
1205	including airports, seaports, spaceports, passenger terminals,
1206	and rail terminals serving to move goods or people between
1207	Florida regions or between Florida and other markets in the
1208	United States and the rest of the world.;
1209	(b)  Existing or planned corridors that are highways, rail
1210	lines, waterways, and other exclusive-use facilities connecting
1211	major markets within Florida or between Florida and other states
1212	or nations.; and
1213	(c)  Existing or planned intermodal connectors that are
1214	highways, rail lines, waterways or local public transit systems
1215	serving as connectors between the components listed in
1216	paragraphs (a) and (b).
1217	(d)  Existing or planned military access facilities that
1218	are highways or rail lines linking Strategic Intermodal System
1219	corridors to the state's strategic military installations.
1220	Section 20.  Section 339.64, Florida Statutes, is amended
1221	to read:
1222	339.64  Strategic Intermodal System Plan.-
1223	(1)  The department shall develop, in cooperation with
1224	metropolitan planning organizations, regional planning councils,
1225	local governments, the Statewide Intermodal Transportation
1226	Advisory Council and other transportation providers, a Strategic
1227	Intermodal System Plan. The plan shall be consistent with the
1228	Florida Transportation Plan developed pursuant to s. 339.155 and
1229	shall be updated at least once every 5 years, subsequent to
1230	updates of the Florida Transportation Plan.
1231	(2)  In association with the continued development of the
1232	Strategic Intermodal System Plan, the Florida Transportation
1233	Commission, as part of its work program review process, shall
1234	conduct an annual assessment of the progress that the department
1235	and its transportation partners have made in realizing the goals
1236	of economic development, improved mobility, and increased
1237	intermodal connectivity of the Strategic Intermodal System. The
1238	Florida Transportation Commission shall coordinate with the
1239	department, the Statewide Intermodal Transportation Advisory
1240	Council, and other appropriate entities when developing this
1241	assessment. The Florida Transportation Commission shall deliver
1242	a report to the Governor and Legislature no later than 14 days
1243	after the regular session begins, with recommendations as
1244	necessary to fully implement the Strategic Intermodal System.
1245	(3)(a)  During the development of updates to the Strategic
1246	Intermodal System Plan, the department shall provide
1247	metropolitan planning organizations, regional planning councils,
1248	local governments, transportation providers, affected public
1249	agencies, and citizens with an opportunity to participate in and
1250	comment on the development of the update.
1251	(b)  The department also shall coordinate with federal,
1252	regional, and local partners the planning for the Strategic
1253	Highway Network and the Strategic Rail Corridor Network
1254	transportation facilities that either are included in the
1255	Strategic Intermodal System or that provide a direct connection
1256	between military installations and the Strategic Intermodal
1257	System. In addition, the department shall coordinate with
1258	regional and local partners to determine whether the road and
1259	other transportation infrastructure that connect military
1260	installations to the Strategic Intermodal System, the Strategic
1261	Highway Network, or the Strategic Rail Corridor is regionally
1262	significant and should be included in the Strategic Intermodal
1263	System Plan.
1264	(4)  The Strategic Intermodal System Plan shall include the
1265	following:
1266	(a)  A needs assessment.
1267	(b)  A project prioritization process.
1268	(c)  A map of facilities designated as Strategic Intermodal
1269	System facilities; facilities that are emerging in importance
1270	and that are likely to become part of the system in the future;
1271	and planned facilities that will meet the established criteria.
1272	(d)  A finance plan based on reasonable projections of
1273	anticipated revenues, including both 10-year and at least 20-
1274	year cost-feasible components.
1275	(e)  An assessment of the impacts of proposed improvements
1276	to Strategic Intermodal System corridors on military
1277	installations that are either located directly on the Strategic
1278	Intermodal System or located on the Strategic Highway Network or
1279	Strategic Rail Corridor Network.
1280	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.-
1281	(a)  The Statewide Intermodal Transportation Advisory
1282	Council is created to advise and make recommendations to the
1283	Legislature and the department on policies, planning, and
1284	funding of intermodal transportation projects. The council's
1285	responsibilities shall include:
1286	1.  Advising the department on the policies, planning, and
1287	implementation of strategies related to intermodal
1288	transportation.
1289	2.  Providing advice and recommendations to the Legislature
1290	on funding for projects to move goods and people in the most
1291	efficient and effective manner for the State of Florida.
1292	(b)  MEMBERSHIP.-Members of the Statewide Intermodal
1293	Transportation Advisory Council shall consist of the following:
1294	1.  Six intermodal industry representatives selected by the
1295	Governor as follows:
1296	a.  One representative from an airport involved in the
1297	movement of freight and people from their airport facility to
1298	another transportation mode.
1299	b.  One individual representing a fixed-route, local-
1300	government transit system.
1301	c.  One representative from an intercity bus company
1302	providing regularly scheduled bus travel as determined by
1303	federal regulations.
1304	d.  One representative from a spaceport.
1305	e.  One representative from intermodal trucking companies.
1306	f.  One representative having command responsibilities of a
1307	major military installation.
1308	2.  Three intermodal industry representatives selected by
1309	the President of the Senate as follows:
1310	a.  One representative from major-line railroads.
1311	b.  One representative from seaports listed in s. 311.09(1)
1312	from the Atlantic Coast.
1313	c.  One representative from an airport involved in the
1314	movement of freight and people from their airport facility to
1315	another transportation mode.
1316	3.  Three intermodal industry representatives selected by
1317	the Speaker of the House of Representatives as follows:
1318	a.  One representative from short-line railroads.
1319	b.  One representative from seaports listed in s. 311.09(1)
1320	from the Gulf Coast.
1321	c.  One representative from intermodal trucking companies.
1322	In no event may this representative be employed by the same
1323	company that employs the intermodal trucking company
1324	representative selected by the Governor.
1325	(c)  Initial appointments to the council must be made no
1326	later than 30 days after the effective date of this section.
1327	1.  The initial appointments made by the President of the
1328	Senate and the Speaker of the House of Representatives shall
1329	serve terms concurrent with those of the respective appointing
1330	officer. Beginning January 15, 2005, and for all subsequent
1331	appointments, council members appointed by the President of the
1332	Senate and the Speaker of the House of Representatives shall
1333	serve 2-year terms, concurrent with the term of the respective
1334	appointing officer.
1335	2.  The initial appointees, and all subsequent appointees,
1336	made by the Governor shall serve 2-year terms.
1337	3.  Vacancies on the council shall be filled in the same
1338	manner as the initial appointments.
1339	(d)  Each member of the council shall be allowed one vote.
1340	The council shall select a chair from among its membership.
1341	Meetings shall be held at the call of the chair, but not less
1342	frequently than quarterly. The members of the council shall be
1343	reimbursed for per diem and travel expenses as provided in s.
1344	112.061.
1345	(e)  The department shall provide administrative staff
1346	support and shall ensure that council meetings are
1347	electronically recorded. Such recordings and all documents
1348	received, prepared for, or used by the council in conducting its
1349	business shall be preserved pursuant to chapters 119 and 257.
1350	Section 21.  Section 339.65, Florida Statutes, is created
1351	to read:
1352	339.65  Strategic Intermodal System highway corridors.-
1353	(1)  The department shall plan and develop Strategic
1354	Intermodal System highway corridors, including limited and
1355	controlled access facilities, allowing for high-speed and high-
1356	volume traffic movements within the state. The primary function
1357	of these corridors is to provide such traffic movements. Access
1358	to abutting land is subordinate to this function, and such
1359	access must be prohibited or highly regulated.
1360	(2)  Strategic Intermodal System highway corridors shall
1361	include facilities from the following components of the State
1362	Highway System that meet the criteria adopted by the department
1363	pursuant to s. 339.63:
1364	(a)  Interstate highways.
1365	(b)  The Florida Turnpike System.
1366	(c)  Interregional and intercity limited access facilities.
1367	(d)  Existing interregional and intercity arterial highways
1368	previously upgraded or upgraded in the future to limited access
1369	or controlled access facility standards.
1370	(e)  New limited access facilities necessary to complete a
1371	balanced statewide system.
1372	(3)  The department shall adhere to the following policy
1373	guidelines in the development of Strategic Intermodal System
1374	highway corridors:
1375	(a)  Make capacity improvements to existing facilities
1376	where feasible to minimize costs and environmental impacts.
1377	(b)  Identify appropriate arterial highways in major
1378	transportation corridors for inclusion in a program to bring
1379	these facilities up to limited access or controlled access
1380	facility standards.
1381	(c)  Coordinate proposed projects with appropriate limited
1382	access projects undertaken by expressway authorities and local
1383	governmental entities.
1384	(d)  Maximize the use of limited access facility standards
1385	when constructing new arterial highways.
1386	(e)  Identify appropriate new limited access highways for
1387	inclusion as a part of the Florida Turnpike System.
1388	(f)  To the maximum extent feasible, ensure that proposed
1389	projects are consistent with approved local government
1390	comprehensive plans of the local jurisdictions in which such
1391	facilities are to be located and with the transportation
1392	improvement program of any metropolitan planning organization in
1393	which such facilities are to be located.
1394	(4)  The department shall develop and maintain a plan of
1395	Strategic Intermodal System highway corridor projects that are
1396	anticipated to be let to contract for construction within a time
1397	period of at least 20 years. The plan shall also identify when
1398	segments of the corridor will meet the standards and criteria
1399	developed pursuant to subsection (5).
1400	(5)  The department shall establish the standards and
1401	criteria for the functional characteristics and design of
1402	facilities proposed as part of Strategic Intermodal System
1403	highway corridors.
1404	(6)  For the purposes of developing the proposed Strategic
1405	Intermodal System highway corridors, beginning in fiscal year
1406	2003-2004 and for each fiscal year thereafter, the minimum
1407	amount allocated shall be based on the fiscal year 2003-2004
1408	allocation of $450 million adjusted annually by the change in
1409	the Consumer Price Index for the prior fiscal year compared to
1410	the Consumer Price Index for fiscal year 2003-2004.
1411	(7)  Any project to be constructed as part of a Strategic
1412	Intermodal System highway corridor shall be included in the
1413	department's adopted work program. Any Strategic Intermodal
1414	System highway corridor projects that are added to or deleted
1415	from the previous adopted work program, or any modification to
1416	Strategic Intermodal System highway corridor projects contained
1417	in the previous adopted work program, shall be specifically
1418	identified and submitted as a separate part of the tentative
1419	work program.
1420	Section 22.  Subsection (3) of section 341.302, Florida
1421	Statutes, is amended to read:
1422	341.302  Rail program; duties and responsibilities of the
1423	department.-The department, in conjunction with other
1424	governmental entities, including the rail enterprise and the
1425	private sector, shall develop and implement a rail program of
1426	statewide application designed to ensure the proper maintenance,
1427	safety, revitalization, and expansion of the rail system to
1428	assure its continued and increased availability to respond to
1429	statewide mobility needs. Within the resources provided pursuant
1430	to chapter 216, and as authorized under federal law, the
1431	department shall:
1432	(3)  Develop and periodically update the rail system plan,
1433	on the basis of an analysis of statewide transportation needs.
1434	(a)  The plan may contain detailed regional components,
1435	consistent with regional transportation plans, as needed to
1436	ensure connectivity within the state's regions, and it shall be
1437	consistent with the Florida Transportation Plan developed
1438	pursuant to s. 339.155. The rail system plan shall include an
1439	identification of priorities, programs, and funding levels
1440	required to meet statewide and regional needs. The rail system
1441	plan shall be developed in a manner that will assure the maximum
1442	use of existing facilities and the optimum integration and
1443	coordination of the various modes of transportation, public and
1444	private, in the most cost-effective manner possible. The rail
1445	system plan shall be updated no later than January 1, 2011, and
1446	at least every 5 years thereafter, and include plans for both
1447	passenger rail service and freight rail service, accompanied by
1448	a report to the Legislature regarding the status of the plan.
1449	(b)  In recognition of the department's role in the
1450	enhancement of the state's rail system to improve freight and
1451	passenger mobility, the department shall:
1452	1.  Work closely with all affected communities along an
1453	impacted freight rail corridor to identify and address
1454	anticipated impacts associated with an increase in freight rail
1455	traffic due to implementation of passenger rail.
1456	2.  In coordination with the affected local governments and
1457	CSX Transportation, Inc., finalize all viable alternatives from
1458	the department's Rail Traffic Evaluation Study to identify and
1459	develop an alternative route for through freight rail traffic
1460	moving through Central Florida, including the counties of Polk
1461	and Hillsborough, which would address, to the extent
1462	practicable, the effects of commuter rail.
1463	3.  Provide technical assistance to a coalition of local
1464	governments in Central Florida, including the counties of
1465	Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
1466	Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
1467	Sumter, and Volusia, and the municipalities within those
1468	counties, to develop a regional rail system plan that addresses
1469	passenger and freight opportunities in the region, is consistent
1470	with the Florida Rail System Plan, and incorporates appropriate
1471	elements of the Tampa Bay Area Regional Authority Master Plan,
1472	the Metroplan Orlando Regional Transit System Concept Plan,
1473	including the SunRail project, and the Florida Department of
1474	Transportation Alternate Rail Traffic Evaluation.
1475	4.  Provide for, to the extent funds are available and
1476	funding for high hazard grade crossing safety projects is not
1477	adversely affected:
1478	a.  Construction of supplemental safety measures, known as
1479	quadrant gates, as authorized by the Federal Railroad
1480	Administration for quiet zone crossings, at any rail crossing
1481	located along a passenger rail corridor and giving priority to
1482	such projects in areas where a one-to-one local match is
1483	available; and
1484	b.  Improvements at multimodal transportation centers, only
1485	for the period of time that the passenger rail system is
1486	operated and maintained by the department, that serve more than
1487	one transportation mode, including, but not limited to, buses,
1488	bicycles, and passenger rail, in an effort to maximize the
1489	benefits of a passenger rail system. Priority shall be given to
1490	multimodal transportation centers that have established the
1491	regulatory framework for transit-oriented development in and
1492	around its downtown service area.
1493	Section 23.  Paragraph (c) of subsection (4) of section
1494	348.0003, Florida Statutes, is amended to read:
1495	348.0003  Expressway authority; formation; membership.-
1496	(4)
1497	(c)  Members of each expressway authority, transportation
1498	authority, bridge authority, or toll authority, created pursuant
1499	to this chapter, chapter 343, or chapter 349 or any other
1500	general legislative enactment shall comply with the applicable
1501	financial disclosure requirements of s. 8, Art. II of the State
1502	Constitution. This paragraph does not subject any statutorily
1503	created authority, other than an expressway authority created
1504	under this part, to any other requirement of this part except
1505	the requirement of this paragraph.
1506	Section 24.  Subsection (3) of section 349.03, Florida
1507	Statutes, is amended to read:
1508	349.03  Jacksonville Transportation Authority.-
1509	(3)(a)  The terms of appointed members shall be for 4 years
1510	deemed to have commenced on June 1 of the year in which they are
1511	appointed. Each member shall hold office until a successor has
1512	been appointed and has qualified. A vacancy during a term shall
1513	be filled by the respective appointing authority only for the
1514	balance of the unexpired term. Any member appointed to the
1515	authority for two consecutive full terms shall not be eligible
1516	for appointment to the next succeeding term. One of the members
1517	so appointed shall be designated annually by the members as
1518	chair of the authority, one member shall be designated annually
1519	as the vice chair of the authority, one member shall be
1520	designated annually as the secretary of the authority, and one
1521	member shall be designated annually as the treasurer of the
1522	authority. The members of the authority shall not be entitled to
1523	compensation, but shall be reimbursed for travel expenses or
1524	other expenses actually incurred in their duties as provided by
1525	law. Four voting members of the authority shall constitute a
1526	quorum, and no resolution adopted by the authority shall become
1527	effective unless with the affirmative vote of at least four
1528	members. Members of the authority shall file as their mandatory
1529	financial disclosure a statement of financial interest with the
1530	Commission on Ethics as provided in s. 112.3145(2)(b).
1531	(b)  The authority shall employ an executive director, and
1532	the executive director may hire such staff, permanent or
1533	temporary, as he or she may determine and may organize the staff
1534	of the authority into such departments and units as he or she
1535	may determine. The executive director may appoint department
1536	directors, deputy directors, division chiefs, and staff
1537	assistants to the executive director, as he or she may
1538	determine. In so appointing the executive director, the
1539	authority may fix the compensation of such appointee, who shall
1540	serve at the pleasure of the authority. All employees of the
1541	authority shall be exempt from the provisions of part II of
1542	chapter 110. The authority may employ such financial advisers
1543	and consultants, technical experts, engineers, and agents and
1544	employees, permanent or temporary, as it may require and may fix
1545	the compensation and qualifications of such persons, firms, or
1546	corporations. The authority may delegate to one or more of its
1547	agents or employees such of its powers as it shall deem
1548	necessary to carry out the purposes of this chapter, subject
1549	always to the supervision and control of the governing body of
1550	the authority.
1551	Section 25.  Subsection (8) is added to section 349.04,
1552	Florida Statutes, to read:
1553	349.04  Purposes and powers.-
1554	(8)  The authority may conduct public meetings and
1555	workshops by means of communications media technology, as
1556	provided in s. 120.54(5). However, a resolution, rule, or formal
1557	action is not binding unless a quorum is physically present at
1558	the noticed meeting location, and only members physically
1559	present may vote on any item.
1560	Section 26.  Subsection (6) is added to section 373.413,
1561	Florida Statutes, to read:
1562	373.413  Permits for construction or alteration.-
1563	(6)  It is the intent of the Legislature that the governing
1564	board or department exercise flexibility in the permitting of
1565	stormwater management systems associated with the construction
1566	or alteration of systems serving state transportation projects
1567	and facilities. Because of the unique limitations of linear
1568	facilities, the governing board or department shall balance the
1569	expenditure of public funds for stormwater treatment for state
1570	transportation projects and facilities with the benefits to the
1571	public in providing the most cost efficient and effective method
1572	of achieving the treatment objectives. In consideration thereof,
1573	the governing board or department shall allow alternatives to
1574	onsite treatment, including, but not limited to, regional
1575	stormwater treatment systems. The Department of Transportation
1576	is responsible for treating stormwater generated from state
1577	transportation projects but is not responsible for the abatement
1578	of pollutants and flows entering its stormwater management
1579	systems from offsite. However, this subsection does not prohibit
1580	the Department of Transportation from receiving and managing
1581	such pollutants and flows when it is found to be cost-effective
1582	and prudent. Further, in association with rights-of-way
1583	acquisition for state transportation projects, the Department of
1584	Transportation is responsible for providing stormwater treatment
1585	and attenuation for additional rights-of-way, but is not
1586	responsible for modifying permits of adjacent lands when it is
1587	not the permittee. To accomplish this, the governing board or
1588	department shall adopt rules for these activities.
1589	Section 27.  Section 479.075, Florida Statutes, is created
1590	to read:
1591	479.075  Sign permit fee limitations.-
1592	(1)  As used in this section, the term:
1593	(a)  "Sign" means any sign, wall mural, or media tower as
1594	defined in s. 479.01 or as defined by a local government
1595	agreement, resolution, or ordinance.
1596	(b)  "Sign permit fee" means any payment required as a
1597	condition for building, erecting, inspecting, renewing,
1598	maintaining, operating, relocating, or reconstructing a sign or
1599	required pursuant to any agreement, ordinance, or resolution
1600	that includes any provision relating to the issuance of a sign
1601	permit or otherwise authorizing the building, erection,
1602	inspection, renewal, maintenance, operation, relocation, or
1603	reconstruction of a sign.
1604	(2)  A local government may establish by agreement,
1605	resolution, or ordinance a sign permit fee schedule and may
1606	assess fees for sign permits. The fee schedule must be based on
1607	the actual cost of administering the local government sign
1608	permitting program, the fee may not exceed the actual cost of
1609	administering the program, and the local government shall
1610	maintain information to justify the cost of administering the
1611	program.
1612	(3)  The provisions of this section do not apply to a sign
1613	on property which a governmental entity has a property interest.
1614	This section does not affect the validity of any other aspect of
1615	any agreement, resolution, or ordinance regarding signs or
1616	require the removal of any sign or repayment of any fees already
1617	paid. A local government that requires the removal of a sign as
1618	the result of the adoption of this section must adhere to the
1619	provision of s. 70.20(2).
1620	Section 28.  Section 479.106, Florida Statutes, is amended
1621	to read:
1622	479.106  Vegetation management.-
1623	(1)  The removal, cutting, or trimming of trees or
1624	vegetation on public right-of-way to make visible or to ensure
1625	future visibility of the facing of a proposed sign or previously
1626	permitted sign shall be performed only with the written
1627	permission of the department in accordance with the provisions
1628	of this section.
1629	(2)  Any person desiring to engage in the removal, cutting,
1630	or trimming of trees or vegetation for the purposes herein
1631	described shall apply for an appropriate permit by make written
1632	application to the department. The application for a permit
1633	shall include, at the election of the applicant, one of the
1634	following:
1635	(a)  A vegetation management plan consisting of a property
1636	sketch indicating the onsite location of the vegetation or
1637	individual trees to be removed, cut, or trimmed and describing
1638	the existing conditions and proposed work to be accomplished.
1639	(b)  Mitigation contribution to the Federal Grants Trust
1640	Fund pursuant to s. 589.277(2) using values of a wholesale plant
1641	nursery registered with the Division of Plant Industry of the
1642	Department of Agriculture and Consumer Services.
1643	(c)  A combination of both a vegetation management plan and
1644	mitigation contribution the applicant's plan for the removal,
1645	cutting, or trimming and for the management of any vegetation
1646	planted as part of a mitigation plan.
1647	(3)  In evaluating a vegetation management plan or
1648	mitigation contribution, the department As a condition of any
1649	removal of trees or vegetation, and where the department deems
1650	appropriate as a condition of any cutting or trimming, the
1651	department may require a vegetation management plan, approved by
1652	the department, which considers conservation and mitigation, or
1653	contribution to a plan of mitigation, for the replacement of
1654	such vegetation. Each plan or contribution shall reasonably
1655	evaluate the application as it relates relate to the vegetation
1656	being affected by the application, taking into consideration the
1657	condition of such vegetation, and, where appropriate, require a
1658	vegetation management plan to consider conservation and
1659	mitigation, or a contribution to a plan of mitigation, for the
1660	cutting or removal of such vegetation. The department may
1661	approve shall include plantings that which will allow reasonable
1662	visibility of sign facings while screening sign structural
1663	supports. Only herbicides approved by the Department of
1664	Agriculture and Consumer Services may be used in the removal of
1665	vegetation. The department shall act on the application for
1666	approval of vegetation management plans, or approval of
1667	mitigation contribution, within 30 days after receipt of such
1668	application. A permit issued in response to such application is
1669	valid for 5 years, may be renewed for an additional 5 years by
1670	payment of the applicable application fee, and is binding upon
1671	the department. The department may establish special mitigation
1672	programs for the beautification and aesthetic improvement of
1673	designated areas and permit individual applicants to contribute
1674	to such programs as a part or in lieu of other mitigation
1675	requirements.
1676	(4)  The department may establish an application fee not to
1677	exceed $25 for each individual application to defer the costs of
1678	processing such application and a fee not to exceed $200 to
1679	defer the costs of processing an application for multiple sites.
1680	(5)  The department may only grant a permit pursuant to s.
1681	479.07 for a new sign which requires the removal, cutting, or
1682	trimming of existing trees or vegetation on public right-of-way
1683	for the sign face to be visible from the highway when the sign
1684	owner has removed one at least two nonconforming sign signs of
1685	approximate comparable size and surrendered the permits for the
1686	nonconforming signs to the department for cancellation. For
1687	signs originally permitted after July 1, 1996, no permit for the
1688	removal, cutting, or trimming of trees or vegetation shall be
1689	granted where such trees or vegetation are part of a
1690	beautification project implemented prior to the date of the
1691	original sign permit application, when the beautification
1692	project is specifically identified in the department's
1693	construction plans, permitted landscape projects, or agreements.
1694	(6)  As a minimum, view zones shall be established along
1695	the public rights-of-way of interstate highways, expressways,
1696	federal-aid primary highways, and the State Highway System in
1697	the state, excluding privately or other publicly owned property,
1698	as follows:
1699	(a)  A view zone of 350 feet for posted speed limits of 35
1700	miles per hour or less.
1701	(b)  A view zone of 500 feet for posted speed limits of
1702	more than 35 miles per hour.
1703
1704	The established view zone shall be within the first 1,000 feet
1705	measured along the edge of the pavement in the direction of
1706	approaching traffic from a point on the edge of the pavement
1707	perpendicular to the edge of the sign facing nearest the highway
1708	and shall be continuous unless interrupted by vegetation that
1709	has established historical significance, is protected by state
1710	law, or has a circumference, measured at 4 and 1/2 feet above
1711	grade, equal to or greater than 70 percent of the circumference
1712	of the Florida Champion of the same species as listed in the
1713	Florida Register of Big Trees of the Florida Native Plant
1714	Society. The sign owner may designate the specific location of
1715	the view zone for each sign facing. In the absence of such
1716	designation, the established view zone shall be measured from
1717	the sign along the edge of the pavement in the direction of
1718	approaching traffic as provided in this subsection.
1719	(7)(6)  Beautification projects, trees, or other vegetation
1720	shall not be planted or located in the view zone of legally
1721	erected and permitted outdoor advertising signs which have been
1722	permitted prior to the date of the beautification project or
1723	other planting, where such planting will, at the time of
1724	planting or after future growth, screen such sign from view. The
1725	department shall provide written notice to the owner not less
1726	than 90 days before commencing a beautification project or other
1727	vegetation planting that may affect a sign, allowing such owner
1728	not less than 60 days to designate the specific location of the
1729	view zone of such affected sign. A sign owner is not required to
1730	prepare a vegetation management plan or secure a vegetation
1731	management permit for the implementation of beautification
1732	projects.
1733	(a)  View zones are established along the public rights-of-
1734	way of interstate highways, expressways, federal-aid primary
1735	highways, and the State Highway System in the state, excluding
1736	privately or other publicly owned property, as follows:
1737	1.  A view zone of 350 feet for posted speed limits of 35
1738	miles per hour or less.
1739	2.  A view zone of 500 feet for posted speed limits of over
1740	35 miles per hour.
1741	(b)  The established view zone shall be within the first
1742	1,000 feet measured along the edge of the pavement in the
1743	direction of approaching traffic from a point on the edge of the
1744	pavement perpendicular to the edge of the sign facing nearest
1745	the highway and shall be continuous unless interrupted by
1746	existing, naturally occurring vegetation. The department and the
1747	sign owner may enter into an agreement identifying the specific
1748	location of the view zone for each sign facing. In the absence
1749	of such agreement, the established view zone shall be measured
1750	from the sign along the edge of the pavement in the direction of
1751	approaching traffic as provided in this subsection.
1752	(a)(c)  If a sign owner alleges any governmental entity or
1753	other party has violated this subsection, the sign owner must
1754	provide 90 days' written notice to the governmental entity or
1755	other party allegedly violating this subsection. If the alleged
1756	violation is not cured by the governmental entity or other party
1757	within the 90-day period, the sign owner may file a claim in the
1758	circuit court where the sign is located. A copy of such
1759	complaint shall be served contemporaneously upon the
1760	governmental entity or other party. If the circuit court
1761	determines a violation of this subsection has occurred, the
1762	court shall award a claim for compensation equal to the lesser
1763	of the revenue from the sign lost during the time of screening
1764	or the fair market value of the sign, and the governmental
1765	entity or other party shall pay the award of compensation
1766	subject to available appeal. Any modification or removal of
1767	material within a beautification project or other planting by
1768	the governmental entity or other party to cure an alleged
1769	violation shall not require the issuance of a permit from the
1770	Department of Transportation provided not less than 48 hours'
1771	notice is provided to the department of the modification or
1772	removal of the material. A natural person, private corporation,
1773	or private partnership licensed under part II of chapter 481
1774	providing design services for beautification or other projects
1775	shall not be subject to a claim of compensation under this
1776	section when the initial project design meets the requirements
1777	of this section.
1778	(b)(d)  This subsection shall not apply to the provisions
1779	of any existing written agreement executed before July 1, 2006,
1780	between any local government and the owner of an outdoor
1781	advertising sign.
1782	(8)(7)  Any person engaging in removal, cutting, or
1783	trimming of trees or vegetation in violation of this section or
1784	benefiting from such actions shall be subject to an
1785	administrative penalty of up to $1,000 and required to mitigate
1786	for the unauthorized removal, cutting, or trimming in such
1787	manner and in such amount as may be required under the rules of
1788	the department.
1789	(9)(8)  The intent of this section is to create partnering
1790	relationships which will have the effect of improving the
1791	appearance of Florida's highways and creating a net increase in
1792	the vegetative habitat along the roads. Department rules shall
1793	encourage the use of plants which are low maintenance and native
1794	to the general region in which they are planted.
1795	Section 29.  Effective upon this act becoming a law,
1796	section 3 of chapter 2008-174, Laws of Florida, is amended to
1797	read:
1798	Section 3.  (1)  School districts are encouraged to enter
1799	into partnerships with local businesses for purposes of
1800	mentorship opportunities, the development of employment options
1801	and additional funding sources, and other mutual benefits.
1802	(2)  As a pilot program through June 30, 2013 2011, the
1803	Palm Beach County school district may recognize its business
1804	partners by publicly displaying such business partners' names on
1805	school district property in the unincorporated areas. "Project
1806	Graduation" and athletic sponsorships are examples of
1807	appropriate recognition. The district shall make every effort to
1808	display its business partners' names in a manner that is
1809	consistent with the county standards for uniformity in size,
1810	color, and placement of signs. If the provisions of this section
1811	are inconsistent with the county ordinances or regulations
1812	relating to signs in the unincorporated areas or inconsistent
1813	with chapter 125, chapter 166, or chapter 479, Florida Statutes,
1814	the provisions of this section prevail.
1815	Section 30.  Edna S. Hargrett-Thrower Avenue designated;
1816	Department of Transportation to erect suitable markers.-
1817	(1)  That portion of Orange Blossom Trail between Gore
1818	Street and Church Street in Orange County is designated as "Edna
1819	S. Hargrett-Thrower Avenue."
1820	(2)  The Department of Transportation is directed to erect
1821	suitable markers designating Edna S. Hargrett-Thrower Avenue as
1822	described in subsection (1).
1823	Section 31.  SP4 Thomas Berry Corbin Memorial Highway
1824	designated; Department of Transportation to erect suitable
1825	markers.-
1826	(1)  That portion of U.S. Highway 19/27A/98/State Road 55
1827	between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1828	Road/Kate Green Road in Dixie County is designated as "SP4
1829	Thomas Berry Corbin Memorial Highway."
1830	(2)  The Department of Transportation is directed to erect
1831	suitable markers designating SP4 Thomas Berry Corbin Memorial
1832	Highway as described in subsection (1).
1833	Section 32.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1834	Memorial Highway designated; Department of Transportation to
1835	erect suitable markers.-
1836	(1)  That portion of U.S. Highway 19/98/State Road 55
1837	between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1838	170th Street in Dixie County is designated as "U.S. Navy BMC
1839	Samuel Calhoun Chavous, Jr. Memorial Highway."
1840	(2)  The Department of Transportation is directed to erect
1841	suitable markers designating U.S. Navy BMC Samuel Calhoun
1842	Chavous, Jr. Memorial Highway as described in subsection (1).
1843	Section 33.  Marine Lance Corporal Brian R. Buesing
1844	Memorial Highway designated; Department of Transportation to
1845	erect suitable markers.-
1846	(1)  That portion of State Road 24 between County Road 347
1847	and Bridge Number 340053 in Levy County is designated as "Marine
1848	Lance Corporal Brian R. Buesing Memorial Highway."
1849	(2)  The Department of Transportation is directed to erect
1850	suitable markers designating Marine Lance Corporal Brian R.
1851	Buesing Memorial Highway as described in subsection (1).
1852	Section 34.  United States Army Sergeant Karl A. Campbell
1853	Memorial Highway designated; Department of Transportation to
1854	erect suitable markers.-
1855	(1)  That portion of U.S. Highway 19/98/State Road 55/S.
1856	Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1857	County is designated as "United States Army Sergeant Karl A.
1858	Campbell Memorial Highway."
1859	(2)  The Department of Transportation is directed to erect
1860	suitable markers designating United States Army Sergeant Karl A.
1861	Campbell Memorial Highway as described in subsection (1).
1862	Section 35.  U.S. Army SPC James A. Page Memorial Highway
1863	designated; Department of Transportation to erect suitable
1864	markers.-
1865	(1)  That portion of U.S. Highway 27A/State Road
1866	500/Hathaway Avenue between State Road 24/Thrasher Drive and
1867	Town Court in Levy County is designated as "U.S. Army SPC James
1868	A. Page Memorial Highway."
1869	(2)  The Department of Transportation is directed to erect
1870	suitable markers designating U.S. Army SPC James A. Page
1871	Memorial Highway as described in subsection (1).
1872	Section 36.  Veterans Memorial Highway designated;
1873	Department of Transportation to erect suitable markers.-
1874	(1)  That portion of State Road 19 between U.S. Highway
1875	17/State Road 15 and Carriage Drive in the City of Palatka in
1876	Putnam County is designated as "Veterans Memorial Highway."
1877	(2)  The Department of Transportation is directed to erect
1878	suitable markers designating Veterans Memorial Highway as
1879	described in subsection (1).
1880	Section 37.  Ben G. Watts Highway designated; Department of
1881	Transportation to erect suitable markers.-
1882	(1)  That portion of U.S. Highway 90/State Road 10 between
1883	the Holmes County line and the Jackson County line in Washington
1884	County is designated as "Ben G. Watts Highway."
1885	(2)  The Department of Transportation is directed to erect
1886	suitable markers designating Ben G. Watts Highway as described
1887	in subsection (1).
1888	Section 38.  Mardi Gras Way designated; Department of
1889	Transportation to erect suitable markers.-
1890	(1)  That portion of State Road 824 between Interstate 95
1891	and U.S. Highway 1 in Broward County is designated as "Mardi
1892	Gras Way."
1893	(2)  The Department of Transportation is directed to erect
1894	suitable markers designating Mardi Gras Way as described in
1895	subsection (1).
1896	Section 39.  West Park Boulevard designated; Department of
1897	Transportation to erect suitable markers.-
1898	(1)  That portion of State Road 7 between Pembroke Road and
1899	County Line Road in Broward County is designated as "West Park
1900	Boulevard."
1901	(2)  The Department of Transportation is directed to erect
1902	suitable markers designating West Park Boulevard as described in
1903	subsection (1).
1904	Section 40.  Pembroke Park Boulevard designated; Department
1905	of Transportation to erect suitable markers.-
1906	(1)  That portion of State Road 858/Hallandale Beach
1907	Boulevard between Interstate 95 and U.S. Highway 441/State Road
1908	7 in Broward County is designated as "Pembroke Park Boulevard."
1909	(2)  The Department of Transportation is directed to erect
1910	suitable markers designating Pembroke Park Boulevard as
1911	described in subsection (1).
1912	Section 41.  Stark Memorial Drive designated; Department of
1913	Transportation to erect suitable markers.-
1914	(1)  That portion of State Road 101/Mayport Road between
1915	State Road A1A and Wonderwood Connector in Duval County is
1916	designated as "Stark Memorial Drive."
1917	(2)  The Department of Transportation is directed to erect
1918	suitable markers designating Stark Memorial Drive as described
1919	in subsection (1).
1920	Section 42.  Duval County Law Enforcement Memorial Overpass
1921	designated; Department of Transportation to erect suitable
1922	markers.-
1923	(1)  The Interstate 295/State Road 9A overpass (Bridge
1924	Numbers 720256 and 720347) over Interstate 10/State Road 8 in
1925	Duval County is designated as "Duval County Law Enforcement
1926	Memorial Overpass."
1927	(2)  The Department of Transportation is directed to erect
1928	suitable markers designating Duval County Law Enforcement
1929	Memorial Overpass as described in subsection (1).
1930	Section 43.  Verna Bell Way designated; Department of
1931	Transportation to erect suitable markers.-
1932	(1)  That portion of State Road 200 between Lime Street and
1933	Beech Street in the City of Fernandina Beach in Nassau County is
1934	designated as "Verna Bell Way."
1935	(2)  The Department of Transportation is directed to erect
1936	suitable markers designating Verna Bell Way as described in
1937	subsection (1).
1938	Section 44.  Deputy Hal P. Croft and Deputy Ronald Jackson
1939	Memorial Highway designated; Department of Transportation to
1940	erect suitable markers.-
1941	(1)  That portion of State Road 100 East in Union County
1942	between the Bradford County line and the Columbia County line is
1943	designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
1944	Memorial Highway."
1945	(2)  The Department of Transportation is directed to erect
1946	suitable markers designating Deputy Hal P. Croft and Deputy
1947	Ronald Jackson Memorial Highway as described in subsection (1).
1948	Section 45.  Dr. Oscar Elias Biscet Boulevard designated;
1949	Department of Transportation to erect suitable markers.-
1950	(1)  That portion of Coral Way between S.W. 32nd Avenue and
1951	S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1952	Oscar Elias Biscet Boulevard."
1953	(2)  The Department of Transportation is directed to erect
1954	suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1955	described in subsection (1).
1956	Section 46.  Alma Lee Loy Bridge designated; Department of
1957	Transportation to erect suitable markers.-
1958	(1)  Bridge Number 880077 on State Road 656 between State
1959	Road A1A and Indian River Boulevard in the City of Vero Beach in
1960	Indian River County is designated as "Alma Lee Loy Bridge."
1961	(2)  The Department of Transportation is directed to erect
1962	suitable markers designating Alma Lee Loy Bridge as described
1963	subsection (1).
1964	Section 47.  Section 24 of chapter 2010-230, Laws of
1965	Florida, is amended to read:
1966	Section 24.  Miss Lillie Williams Boulevard designated;
1967	Department of Transportation to erect suitable markers.-
1968	(1)  That portion of N.W. 79th Street between N.W. 6th
1969	Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1970	designated as "Miss Lillie Williams Boulevard."
1971	(2)  The Department of Transportation is directed to erect
1972	suitable markers designating Miss Lillie Williams Boulevard as
1973	described in subsection (1).
1974	Section 48.  Section 45 of chapter 2010-230, Laws of
1975	Florida, is amended to read:
1976	Section 45.  Father Gerard Jean-Juste Street designated;
1977	Department of Transportation to erect suitable markers.-
1978	(1)  That portion of N.W. 54th Street in Miami-Dade County
1979	between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1980	is designated "Father Gerard Jean-Juste Street."
1981	(2)  The Department of Transportation is directed to erect
1982	suitable markers designating Father Gerard Jean-Juste Street as
1983	described in subsection (1).
1984	Section 49.  Paragraph (a) of subsection (12) of section
1985	163.3180, Florida Statutes, is amended to read:
1986	163.3180  Concurrency.-
1987	(12)(a)  A development of regional impact may satisfy the
1988	transportation concurrency requirements of the local
1989	comprehensive plan, the local government's concurrency
1990	management system, and s. 380.06 by payment of a proportionate-
1991	share contribution for local and regionally significant traffic
1992	impacts, if:
1993	1.  The development of regional impact which, based on its
1994	location or mix of land uses, is designed to encourage
1995	pedestrian or other nonautomotive modes of transportation;
1996	2.  The proportionate-share contribution for local and
1997	regionally significant traffic impacts is sufficient to pay for
1998	one or more required mobility improvements that will benefit a
1999	regionally significant transportation facility;
2000	3.  The owner and developer of the development of regional
2001	impact pays or assures payment of the proportionate-share
2002	contribution; and
2003	4.  If the regionally significant transportation facility
2004	to be constructed or improved is under the maintenance authority
2005	of a governmental entity, as defined by s. 334.03(12), other
2006	than the local government with jurisdiction over the development
2007	of regional impact, the developer is required to enter into a
2008	binding and legally enforceable commitment to transfer funds to
2009	the governmental entity having maintenance authority or to
2010	otherwise assure construction or improvement of the facility.
2011
2012	The proportionate-share contribution may be applied to any
2013	transportation facility to satisfy the provisions of this
2014	subsection and the local comprehensive plan, but, for the
2015	purposes of this subsection, the amount of the proportionate-
2016	share contribution shall be calculated based upon the cumulative
2017	number of trips from the proposed development expected to reach
2018	roadways during the peak hour from the complete buildout of a
2019	stage or phase being approved, divided by the change in the peak
2020	hour maximum service volume of roadways resulting from
2021	construction of an improvement necessary to maintain the adopted
2022	level of service, multiplied by the construction cost, at the
2023	time of developer payment, of the improvement necessary to
2024	maintain the adopted level of service. For purposes of this
2025	subsection, "construction cost" includes all associated costs of
2026	the improvement. Proportionate-share mitigation shall be limited
2027	to ensure that a development of regional impact meeting the
2028	requirements of this subsection mitigates its impact on the
2029	transportation system but is not responsible for the additional
2030	cost of reducing or eliminating backlogs. This subsection also
2031	applies to Florida Quality Developments pursuant to s. 380.061
2032	and to detailed specific area plans implementing optional sector
2033	plans pursuant to s. 163.3245.
2034	Section 50.  Paragraph (k) of subsection (1) of section
2035	163.3187, Florida Statutes, is amended to read:
2036	163.3187  Amendment of adopted comprehensive plan.-
2037	(1)  Amendments to comprehensive plans adopted pursuant to
2038	this part may be made not more than two times during any
2039	calendar year, except:
2040	(k)  A local comprehensive plan amendment directly related
2041	to providing transportation improvements to enhance life safety
2042	on controlled access major arterial highways identified in the
2043	Strategic Intermodal System Florida Intrastate Highway System,
2044	in counties as defined in s. 125.011, where such roadways have a
2045	high incidence of traffic accidents resulting in serious injury
2046	or death. Any such amendment shall not include any amendment
2047	modifying the designation on a comprehensive development plan
2048	land use map nor any amendment modifying the allowable densities
2049	or intensities of any land.
2050	Section 51.  Subsection (3) of section 288.063, Florida
2051	Statutes, is amended to read:
2052	288.063  Contracts for transportation projects.-
2053	(3)  With respect to any contract executed pursuant to this
2054	section, the term "transportation project" means a
2055	transportation facility as defined in s. 334.03(31) which is
2056	necessary in the judgment of the Office of Tourism, Trade, and
2057	Economic Development to facilitate the economic development and
2058	growth of the state. Except for applications received prior to
2059	July 1, 1996, such transportation projects shall be approved
2060	only as a consideration to attract new employment opportunities
2061	to the state or expand or retain employment in existing
2062	companies operating within the state, or to allow for the
2063	construction or expansion of a state or federal correctional
2064	facility in a county with a population of 75,000 or less that
2065	creates new employment opportunities or expands or retains
2066	employment in the county. The Office of Tourism, Trade, and
2067	Economic Development shall institute procedures to ensure that
2068	small and minority businesses have equal access to funding
2069	provided under this section. Funding for approved transportation
2070	projects may include any expenses, other than administrative
2071	costs and equipment purchases specified in the contract,
2072	necessary for new, or improvement to existing, transportation
2073	facilities. Funds made available pursuant to this section may
2074	not be expended in connection with the relocation of a business
2075	from one community to another community in this state unless the
2076	Office of Tourism, Trade, and Economic Development determines
2077	that without such relocation the business will move outside this
2078	state or determines that the business has a compelling economic
2079	rationale for the relocation which creates additional jobs.
2080	Subject to appropriation for projects under this section, any
2081	appropriation greater than $10 million shall be allocated to
2082	each of the districts of the Department of Transportation to
2083	ensure equitable geographical distribution. Such allocated funds
2084	that remain uncommitted by the third quarter of the fiscal year
2085	shall be reallocated among the districts based on pending
2086	project requests.
2087	Section 52.  Paragraph (b) of subsection (3) of section
2088	311.07, Florida Statutes, is amended to read:
2089	311.07  Florida seaport transportation and economic
2090	development funding.-
2091	(3)
2092	(b)  Projects eligible for funding by grants under the
2093	program are limited to the following port facilities or port
2094	transportation projects:
2095	1.  Transportation facilities within the jurisdiction of
2096	the port.
2097	2.  The dredging or deepening of channels, turning basins,
2098	or harbors.
2099	3.  The construction or rehabilitation of wharves, docks,
2100	structures, jetties, piers, storage facilities, cruise
2101	terminals, automated people mover systems, or any facilities
2102	necessary or useful in connection with any of the foregoing.
2103	4.  The acquisition of vessel tracking systems, container
2104	cranes, or other mechanized equipment used in the movement of
2105	cargo or passengers in international commerce.
2106	5.  The acquisition of land to be used for port purposes.
2107	6.  The acquisition, improvement, enlargement, or extension
2108	of existing port facilities.
2109	7.  Environmental protection projects which are necessary
2110	because of requirements imposed by a state agency as a condition
2111	of a permit or other form of state approval; which are necessary
2112	for environmental mitigation required as a condition of a state,
2113	federal, or local environmental permit; which are necessary for
2114	the acquisition of spoil disposal sites and improvements to
2115	existing and future spoil sites; or which result from the
2116	funding of eligible projects listed in this paragraph.
2117	8.  Transportation facilities as defined in s. 334.03(31)
2118	which are not otherwise part of the Department of
2119	Transportation's adopted work program.
2120	9.  Seaport intermodal access projects identified in the 5-
2121	year Florida Seaport Mission Plan as provided in s. 311.09(3).
2122	10.  Construction or rehabilitation of port facilities as
2123	defined in s. 315.02, excluding any park or recreational
2124	facilities, in ports listed in s. 311.09(1) with operating
2125	revenues of $5 million or less, provided that such projects
2126	create economic development opportunities, capital improvements,
2127	and positive financial returns to such ports.
2128	Section 53.  Subsection (7) of section 311.09, Florida
2129	Statutes, is amended to read:
2130	311.09  Florida Seaport Transportation and Economic
2131	Development Council.-
2132	(7)  The Department of Transportation shall review the list
2133	of projects approved by the council for consistency with the
2134	Florida Transportation Plan and the department's adopted work
2135	program. In evaluating the consistency of a project, the
2136	department shall determine whether the transportation impact of
2137	the proposed project is adequately handled by existing state-
2138	owned transportation facilities or by the construction of
2139	additional state-owned transportation facilities as identified
2140	in the Florida Transportation Plan and the department's adopted
2141	work program. In reviewing for consistency a transportation
2142	facility project as defined in s. 334.03(31) which is not
2143	otherwise part of the department's work program, the department
2144	shall evaluate whether the project is needed to provide for
2145	projected movement of cargo or passengers from the port to a
2146	state transportation facility or local road. If the project is
2147	needed to provide for projected movement of cargo or passengers,
2148	the project shall be approved for consistency as a consideration
2149	to facilitate the economic development and growth of the state
2150	in a timely manner. The Department of Transportation shall
2151	identify those projects which are inconsistent with the Florida
2152	Transportation Plan and the adopted work program and shall
2153	notify the council of projects found to be inconsistent.
2154	Section 54.  Section 316.2122, Florida Statutes, is amended
2155	to read:
2156	316.2122  Operation of a low-speed vehicle or mini truck on
2157	certain roadways.-The operation of a low-speed vehicle as
2158	defined in s. 320.01(42) or a mini truck as defined in s.
2159	320.01(45) on any road as defined in s. 334.03(15) or (33) is
2160	authorized with the following restrictions:
2161	(1)  A low-speed vehicle or mini truck may be operated only
2162	on streets where the posted speed limit is 35 miles per hour or
2163	less. This does not prohibit a low-speed vehicle or mini truck
2164	from crossing a road or street at an intersection where the road
2165	or street has a posted speed limit of more than 35 miles per
2166	hour.
2167	(2)  A low-speed vehicle must be equipped with headlamps,
2168	stop lamps, turn signal lamps, taillamps, reflex reflectors,
2169	parking brakes, rearview mirrors, windshields, seat belts, and
2170	vehicle identification numbers.
2171	(3)  A low-speed vehicle or mini truck must be registered
2172	and insured in accordance with s. 320.02 and titled pursuant to
2173	chapter 319.
2174	(4)  Any person operating a low-speed vehicle or mini truck
2175	must have in his or her possession a valid driver's license.
2176	(5)  A county or municipality may prohibit the operation of
2177	low-speed vehicles or mini trucks on any road under its
2178	jurisdiction if the governing body of the county or municipality
2179	determines that such prohibition is necessary in the interest of
2180	safety.
2181	(6)  The Department of Transportation may prohibit the
2182	operation of low-speed vehicles or mini trucks on any road under
2183	its jurisdiction if it determines that such prohibition is
2184	necessary in the interest of safety.
2185	Section 55.  Paragraph (c) of subsection (5) of section
2186	316.515, Florida Statutes, is amended to read:
2187	316.515  Maximum width, height, length.-
2188	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
2189	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.-
2190	(c)  The width and height limitations of this section do
2191	not apply to farming or agricultural equipment, whether self-
2192	propelled, pulled, or hauled, when temporarily operated during
2193	daylight hours upon a public road that is not a limited access
2194	facility as defined in s. 334.03(13), and the width and height
2195	limitations may be exceeded by such equipment without a permit.
2196	To be eligible for this exemption, the equipment shall be
2197	operated within a radius of 50 miles of the real property owned,
2198	rented, or leased by the equipment owner. However, equipment
2199	being delivered by a dealer to a purchaser is not subject to the
2200	50-mile limitation. Farming or agricultural equipment greater
2201	than 174 inches in width must have one warning lamp mounted on
2202	each side of the equipment to denote the width and must have a
2203	slow-moving vehicle sign. Warning lamps required by this
2204	paragraph must be visible from the front and rear of the vehicle
2205	and must be visible from a distance of at least 1,000 feet.
2206	Section 56.  Section 318.12, Florida Statutes, is amended
2207	to read:
2208	318.12  Purpose.-It is the legislative intent in the
2209	adoption of this chapter to decriminalize certain violations of
2210	chapter 316, the Florida Uniform Traffic Control Law; chapter
2211	320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
2212	chapter 338, Limited Access Florida Intrastate Highway System
2213	and Toll Facilities; and chapter 1006, Support of Learning,
2214	thereby facilitating the implementation of a more uniform and
2215	expeditious system for the disposition of traffic infractions.
2216	Section 57.  Subsection (3) of section 335.02, Florida
2217	Statutes, is amended to read:
2218	335.02  Authority to designate transportation facilities
2219	and rights-of-way and establish lanes; procedure for
2220	redesignation and relocation; application of local regulations.-
2221	(3)  The department may establish standards for lanes on
2222	the State Highway System, including the Strategic Intermodal
2223	System highway corridors Florida Intrastate Highway System
2224	established pursuant to s. 339.65 338.001. In determining the
2225	number of lanes for any regional corridor or section of highway
2226	on the State Highway System to be funded by the department with
2227	state or federal funds, the department shall evaluate all
2228	alternatives and seek to achieve the highest degree of efficient
2229	mobility for corridor users. In conducting the analysis, the
2230	department must give consideration to the following factors
2231	consistent with sound engineering principles:
2232	(a)  Overall economic importance of the corridor as a trade
2233	or tourism corridor.
2234	(b)  Safety of corridor users, including the importance of
2235	the corridor for evacuation purposes.
2236	(c)  Cost-effectiveness of alternative methods of
2237	increasing the mobility of corridor users.
2238	(d)  Current and projected traffic volumes on the corridor.
2239	(e)  Multimodal alternatives.
2240	(f)  Use of intelligent transportation technology in
2241	increasing the efficiency of the corridor.
2242	(g)  Compliance with state and federal policies related to
2243	clean air, environmental impacts, growth management, livable
2244	communities, and energy conservation.
2245	(h)  Addition of special use lanes, such as exclusive truck
2246	lanes, high-occupancy-vehicle toll lanes, and exclusive
2247	interregional traffic lanes.
2248	(i)  Availability and cost of rights-of-way, including
2249	associated costs, and the most effective use of existing rights-
2250	of-way.
2251	(j)  Regional economic and transportation objectives, where
2252	articulated.
2253	(k)  The future land use plan element of local government
2254	comprehensive plans, as appropriate, including designated urban
2255	infill and redevelopment areas.
2256	(l)  The traffic circulation element, if applicable, of
2257	local government comprehensive plans, including designated
2258	transportation corridors and public transportation corridors.
2259	(m)  The approved metropolitan planning organization's
2260	long-range transportation plan, as appropriate.
2261
2262	This subsection does not preclude a number of lanes in excess of
2263	10 lanes, but an additional factor that must be considered
2264	before the department may determine that the number of lanes
2265	should be more than 10 is the capacity to accommodate in the
2266	future alternative forms of transportation within existing or
2267	potential rights-of-way.
2268	Section 58.  Section 336.01, Florida Statutes, is amended
2269	to read:
2270	336.01  Designation of county road system.-The county road
2271	system shall be as defined in s. 334.03(8).
2272	Section 59.  Subsection (2) of section 338.222, Florida
2273	Statutes, is amended to read:
2274	338.222  Department of Transportation sole governmental
2275	entity to acquire, construct, or operate turnpike projects;
2276	exception.-
2277	(2)  The department may contract with any local
2278	governmental entity as defined in s. 334.03(13)(14) for the
2279	design, right-of-way acquisition, or construction of any
2280	turnpike project which the Legislature has approved. Local
2281	governmental entities may negotiate with the department for the
2282	design, right-of-way acquisition, and construction of any
2283	section of the turnpike project within areas of their respective
2284	jurisdictions or within counties with which they have interlocal
2285	agreements.
2286	Section 60.  Paragraph (b) of subsection (1) of section
2287	338.223, Florida Statutes, is amended to read:
2288	338.223  Proposed turnpike projects.-
2289	(1)
2290	(b)  Any proposed turnpike project or improvement shall be
2291	developed in accordance with the Florida Transportation Plan and
2292	the work program pursuant to s. 339.135. Turnpike projects that
2293	add capacity, alter access, affect feeder roads, or affect the
2294	operation of the local transportation system shall be included
2295	in the transportation improvement plan of the affected
2296	metropolitan planning organization. If such turnpike project
2297	does not fall within the jurisdiction of a metropolitan planning
2298	organization, the department shall notify the affected county
2299	and provide for public hearings in accordance with s.
2300	339.155(5)(6)(c).
2301	Section 61.  Subsection (4) of section 338.227, Florida
2302	Statutes, is amended to read:
2303	338.227  Turnpike revenue bonds.-
2304	(4)  The Department of Transportation and the Department of
2305	Management Services shall create and implement an outreach
2306	program designed to enhance the participation of minority
2307	persons and minority business enterprises in all contracts
2308	entered into by their respective departments for services
2309	related to the financing of department projects for the
2310	Strategic Intermodal System Plan developed pursuant to s. 339.64
2311	Florida Intrastate Highway System Plan. These services shall
2312	include, but not be limited to, bond counsel and bond
2313	underwriters.
2314	Section 62.  Subsection (2) of section 338.2275, Florida
2315	Statutes, is amended to read:
2316	338.2275  Approved turnpike projects.-
2317	(2)  The department is authorized to use turnpike revenues,
2318	the State Transportation Trust Fund moneys allocated for
2319	turnpike projects pursuant to s. 339.65 s. 338.001, federal
2320	funds, and bond proceeds, and shall use the most cost-efficient
2321	combination of such funds, in developing a financial plan for
2322	funding turnpike projects. The department must submit a report
2323	of the estimated cost for each ongoing turnpike project and for
2324	each planned project to the Legislature 14 days before the
2325	convening of the regular legislative session. Verification of
2326	economic feasibility and statements of environmental feasibility
2327	for individual turnpike projects must be based on the entire
2328	project as approved. Statements of environmental feasibility are
2329	not required for those projects listed in s. 12, chapter 90-136,
2330	Laws of Florida, for which the Project Development and
2331	Environmental Reports were completed by July 1, 1990. All
2332	required environmental permits must be obtained before the
2333	department may advertise for bids for contracts for the
2334	construction of any turnpike project.
2335	Section 63.  Section 338.228, Florida Statutes, is amended
2336	to read:
2337	338.228  Bonds not debts or pledges of credit of state.-
2338	Turnpike revenue bonds issued under the provisions of ss.
2339	338.22-338.241 are not debts of the state or pledges of the
2340	faith and credit of the state. Such bonds are payable
2341	exclusively from revenues pledged for their payment. All such
2342	bonds shall contain a statement on their face that the state is
2343	not obligated to pay the same or the interest thereon, except
2344	from the revenues pledged for their payment, and that the faith
2345	and credit of the state is not pledged to the payment of the
2346	principal or interest of such bonds. The issuance of turnpike
2347	revenue bonds under the provisions of ss. 338.22-338.241 does
2348	not directly, indirectly, or contingently obligate the state to
2349	levy or to pledge any form of taxation whatsoever, or to make
2350	any appropriation for their payment. Except as provided in ss.
2351	338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2352	be used on any turnpike project or to pay the principal or
2353	interest of any bonds issued to finance or refinance any portion
2354	of the turnpike system, and all such bonds shall contain a
2355	statement on their face to this effect.
2356	Section 64.  Subsection (2) of section 338.234, Florida
2357	Statutes, is amended to read:
2358	338.234  Granting concessions or selling along the turnpike
2359	system; immunity from taxation.-
2360	(2)  The effectuation of the authorized purposes of the
2361	Strategic Intermodal System, created under ss. 339.61-339.65,
2362	Florida Intrastate Highway System and Florida Turnpike
2363	Enterprise, created under this chapter, is for the benefit of
2364	the people of the state, for the increase of their commerce and
2365	prosperity, and for the improvement of their health and living
2366	conditions; and, because the system and enterprise perform
2367	essential government functions in effectuating such purposes,
2368	neither the turnpike enterprise nor any nongovernment lessee or
2369	licensee renting, leasing, or licensing real property from the
2370	turnpike enterprise, pursuant to an agreement authorized by this
2371	section, are required to pay any commercial rental tax imposed
2372	under s. 212.031 on any capital improvements constructed,
2373	improved, acquired, installed, or used for such purposes.
2374	Section 65.  Subsections (1) and (3) of section 339.2819,
2375	Florida Statutes, are amended to read:
2376	339.2819  Transportation Regional Incentive Program.-
2377	(1)  There is created within the Department of
2378	Transportation a Transportation Regional Incentive Program for
2379	the purpose of providing funds to improve regionally significant
2380	transportation facilities in regional transportation areas
2381	created pursuant to s. 339.155(4)(5).
2382	(3)  The department shall allocate funding available for
2383	the Transportation Regional Incentive Program to the districts
2384	based on a factor derived from equal parts of population and
2385	motor fuel collections for eligible counties in regional
2386	transportation areas created pursuant to s. 339.155(4)(5).
2387	Section 66.  Subsection (6) of section 339.285, Florida
2388	Statutes, is amended to read:
2389	339.285  Enhanced Bridge Program for Sustainable
2390	Transportation.-
2391	(6)  Preference shall be given to bridge projects located
2392	on corridors that connect to the Strategic Intermodal System,
2393	created under s. 339.64, and that have been identified as
2394	regionally significant in accordance with s. 339.155(4)(5)(c),
2395	(d), and (e).
2396	Section 67.  Section 339.62, Florida Statutes, is amended
2397	to read:
2398	339.62  System components.-The Strategic Intermodal System
2399	shall consist of appropriate components of:
2400	(1)  Highway corridors The Florida Intrastate Highway
2401	System established under s. 339.65 s. 338.001.
2402	(2)  The National Highway System.
2403	(3)  Airport, seaport, and spaceport facilities.
2404	(4)  Rail lines and rail facilities.
2405	(5)  Selected intermodal facilities; passenger and freight
2406	terminals; and appropriate components of the State Highway
2407	System, county road system, city street system, inland
2408	waterways, and local public transit systems that serve as
2409	existing or planned connectors between the components listed in
2410	subsections (1)-(4).
2411	(6)  Other existing or planned corridors that serve a
2412	statewide or interregional purpose.
2413	Section 68.  Subsection (2) of section 341.053, Florida
2414	Statutes, is amended to read:
2415	341.053  Intermodal Development Program; administration;
2416	eligible projects; limitations.-
2417	(2)  In recognition of the department's role in the
2418	economic development of this state, the department shall develop
2419	a proposed intermodal development plan to connect Florida's
2420	airports, deepwater seaports, rail systems serving both
2421	passenger and freight, and major intermodal connectors to the
2422	Strategic Intermodal System highway corridors Florida Intrastate
2423	Highway System facilities as the primary system for the movement
2424	of people and freight in this state in order to make the
2425	intermodal development plan a fully integrated and
2426	interconnected system. The intermodal development plan must:
2427	(a)  Define and assess the state's freight intermodal
2428	network, including airports, seaports, rail lines and terminals,
2429	intercity bus lines and terminals, and connecting highways.
2430	(b)  Prioritize statewide infrastructure investments,
2431	including the acceleration of current projects, which are found
2432	by the Freight Stakeholders Task Force to be priority projects
2433	for the efficient movement of people and freight.
2434	(c)  Be developed in a manner that will assure maximum use
2435	of existing facilities and optimum integration and coordination
2436	of the various modes of transportation, including both
2437	government-owned and privately owned resources, in the most
2438	cost-effective manner possible.
2439	Section 69.  Subsection (2) of section 341.8225, Florida
2440	Statutes, is amended to read:
2441	341.8225  Department of Transportation sole governmental
2442	entity to acquire, construct, or operate high-speed rail
2443	projects; exception.-
2444	(2)  Local governmental entities, as defined in s.
2445	334.03(13)(14), may negotiate with the department for the
2446	design, right-of-way acquisition, and construction of any
2447	component of the high-speed rail system within areas of their
2448	respective jurisdictions or within counties with which they have
2449	interlocal agreements.
2450	Section 70.  Paragraph (a) of subsection (2) of section
2451	403.7211, Florida Statutes, is amended to read:
2452	403.7211  Hazardous waste facilities managing hazardous
2453	wastes generated offsite; federal facilities managing hazardous
2454	waste.-
2455	(2)  The department shall not issue any permit under s.
2456	403.722 for the construction, initial operation, or substantial
2457	modification of a facility for the disposal, storage, or
2458	treatment of hazardous waste generated offsite which is proposed
2459	to be located in any of the following locations:
2460	(a)  Any area where life-threatening concentrations of
2461	hazardous substances could accumulate at any residence or
2462	residential subdivision as the result of a catastrophic event at
2463	the proposed facility, unless each such residence or residential
2464	subdivision is served by at least one arterial road or urban
2465	minor arterial road, as determined under the procedures
2466	referenced in s. 334.03(9) defined in s. 334.03, which provides
2467	safe and direct egress by land to an area where such life-
2468	threatening concentrations of hazardous substances could not
2469	accumulate in a catastrophic event. Egress by any road leading
2470	from any residence or residential subdivision to any point
2471	located within 1,000 yards of the proposed facility is unsafe
2472	for the purposes of this paragraph. In determining whether
2473	egress proposed by the applicant is safe and direct, the
2474	department shall also consider, at a minimum, the following
2475	factors:
2476	1.  Natural barriers such as water bodies, and whether any
2477	road in the proposed evacuation route is impaired by a natural
2478	barrier such as a water body;
2479	2.  Potential exposure during egress and potential
2480	increases in the duration of exposure;
2481	3.  Whether any road in a proposed evacuation route passes
2482	in close proximity to the facility; and
2483	4.  Whether any portion of the evacuation route is
2484	inherently directed toward the facility.
2485
2486	For the purposes of this subsection, all distances shall be
2487	measured from the outer limit of the active hazardous waste
2488	management area. "Substantial modification" includes: any
2489	physical change in, change in the operations of, or addition to
2490	a facility which could increase the potential offsite impact, or
2491	risk of impact, from a release at that facility; and any change
2492	in permit conditions which is reasonably expected to lead to
2493	greater potential impacts or risks of impacts, from a release at
2494	that facility. "Substantial modification" does not include a
2495	change in operations, structures, or permit conditions which
2496	does not substantially increase either the potential impact
2497	from, or the risk of, a release. Physical or operational changes
2498	to a facility related solely to the management of nonhazardous
2499	waste at the facility shall not be considered a substantial
2500	modification. The department shall, by rule, adopt criteria to
2501	determine whether a facility has been substantially modified.
2502	"Initial operation" means the initial commencement of operations
2503	at the facility.
2504	Section 71.  Subsection (27) of section 479.01, Florida
2505	Statutes, is amended to read:
2506	479.01  Definitions.-As used in this chapter, the term:
2507	(27)  "Urban area" has the same meaning as defined in s.
2508	334.03(29).
2509	Section 72.  Subsection (1) of section 479.07, Florida
2510	Statutes, is amended to read:
2511	479.07  Sign permits.-
2512	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2513	person may not erect, operate, use, or maintain, or cause to be
2514	erected, operated, used, or maintained, any sign on the State
2515	Highway System outside an urban area, as defined in s.
2516	334.03(32), or on any portion of the interstate or federal-aid
2517	primary highway system without first obtaining a permit for the
2518	sign from the department and paying the annual fee as provided
2519	in this section. As used in this section, the term "on any
2520	portion of the State Highway System, interstate, or federal-aid
2521	primary system" means a sign located within the controlled area
2522	which is visible from any portion of the main-traveled way of
2523	such system.
2524	Section 73.  Subsection (5) of section 479.261, Florida
2525	Statutes, is amended to read:
2526	479.261  Logo sign program.-
2527	(5)  At a minimum, permit fees for businesses that
2528	participate in the program must be established in an amount
2529	sufficient to offset the total cost to the department for the
2530	program, including contract costs. The department shall provide
2531	the services in the most efficient and cost-effective manner
2532	through department staff or by contracting for some or all of
2533	the services. The department shall adopt rules that set
2534	reasonable rates based upon factors such as population, traffic
2535	volume, market demand, and costs for annual permit fees.
2536	However, annual permit fees for sign locations inside an urban
2537	area, as defined in s. 334.03(32), may not exceed $3,500, and
2538	annual permit fees for sign locations outside an urban area, as
2539	defined in s. 334.03(32), may not exceed $2,000. After
2540	recovering program costs, the proceeds from the annual permit
2541	fees shall be deposited into the State Transportation Trust Fund
2542	and used for transportation purposes.
2543	Section 74.  Paragraph (b) of subsection (3) of section
2544	20.23, Florida Statutes, is amended to read:
2545	20.23  Department of Transportation.-There is created a
2546	Department of Transportation which shall be a decentralized
2547	agency.
2548	(3)  There is created the Florida Statewide Passenger Rail
2549	Commission.
2550	(b)  The commission shall have the primary and exclusive
2551	functions of:
2552	1.  Monitoring the efficiency, productivity, and management
2553	of all publicly funded passenger rail systems in the state,
2554	including, but not limited to, any authority created under
2555	chapter 343, chapter 349, or chapter 163 if the authority
2556	receives public funds for providing the provision of passenger
2557	rail service. The commission shall advise each monitored
2558	authority of its findings and recommendations. The commission
2559	shall also conduct periodic reviews of each monitored
2560	authority's passenger rail and associated transit operations and
2561	budget, acquisition of property, management of revenue and bond
2562	proceeds, and compliance with applicable laws and generally
2563	accepted accounting principles. The commission may seek the
2564	assistance of the Florida Transportation Commission Auditor
2565	General in conducting such reviews and shall report the findings
2566	of such reviews to the Legislature. This paragraph does not
2567	preclude the Florida Transportation Commission from conducting
2568	its performance and work program monitoring responsibilities.
2569	2.  Advising the department on policies and strategies used
2570	in planning, designing, building, operating, financing, and
2571	maintaining a coordinated statewide system of passenger rail
2572	services.
2573	3.  Evaluating passenger rail policies and providing advice
2574	and recommendations to the Legislature on passenger rail
2575	operations in the state.
2576	Section 75.  Subsection (13) is added to section 311.09,
2577	Florida Statutes, to read:
2578	311.09  Florida Seaport Transportation and Economic
2579	Development Council.-
2580	(13)  Until July 1, 2014, Citrus County may apply for a
2581	grant through the Florida Seaport Transportation and Economic
2582	Development Council to perform a feasibility study regarding the
2583	establishment of a port in Citrus County. The council shall
2584	evaluate such application in accordance with subsections (5)-(9)
2585	and, if approved, the Department of Transportation shall include
2586	the feasibility study in its budget request pursuant to
2587	subsection (10).
2588	Section 76.  Paragraph (d) of subsection (1) of section
2589	212.055, Florida Statutes, is amended to read:
2590	212.055  Discretionary sales surtaxes; legislative intent;
2591	authorization and use of proceeds.-It is the legislative intent
2592	that any authorization for imposition of a discretionary sales
2593	surtax shall be published in the Florida Statutes as a
2594	subsection of this section, irrespective of the duration of the
2595	levy. Each enactment shall specify the types of counties
2596	authorized to levy; the rate or rates which may be imposed; the
2597	maximum length of time the surtax may be imposed, if any; the
2598	procedure which must be followed to secure voter approval, if
2599	required; the purpose for which the proceeds may be expended;
2600	and such other requirements as the Legislature may provide.
2601	Taxable transactions and administrative procedures shall be as
2602	provided in s. 212.054.
2603	(1)  CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
2604	SURTAX.-
2605	(d)  Proceeds from the surtax shall be applied to as many
2606	or as few of the uses enumerated below in whatever combination
2607	the county commission deems appropriate:
2608	1.  Deposited by the county in the trust fund and shall be
2609	used for the purposes of development, construction, equipment,
2610	maintenance, operation, supportive services, including a
2611	countywide bus system, on-demand transportation services, and
2612	related costs of a fixed guideway rapid transit system;
2613	2.  Remitted by the governing body of the county to an
2614	expressway, transit, or transportation authority created by law
2615	to be used, at the discretion of such authority, for the
2616	development, construction, operation, or maintenance of roads or
2617	bridges in the county, for the operation and maintenance of a
2618	bus system, for the operation and maintenance of on-demand
2619	transportation services, for the payment of principal and
2620	interest on existing bonds issued for the construction of such
2621	roads or bridges, and, upon approval by the county commission,
2622	such proceeds may be pledged for bonds issued to refinance
2623	existing bonds or new bonds issued for the construction of such
2624	roads or bridges;
2625	3.  Used by the county for the development, construction,
2626	operation, and maintenance of roads and bridges in the county;
2627	for the expansion, operation, and maintenance of bus and fixed
2628	guideway systems; for the expansion, operation, and maintenance
2629	of on-demand transportation services; and for the payment of
2630	principal and interest on bonds issued for the construction of
2631	fixed guideway rapid transit systems, bus systems, roads, or
2632	bridges; and such proceeds may be pledged by the governing body
2633	of the county for bonds issued to refinance existing bonds or
2634	new bonds issued for the construction of such fixed guideway
2635	rapid transit systems, bus systems, roads, or bridges and no
2636	more than 25 percent used for nontransit uses; and
2637	4.  Used by the county for the planning, development,
2638	construction, operation, and maintenance of roads and bridges in
2639	the county; for the planning, development, expansion, operation,
2640	and maintenance of bus and fixed guideway systems; for the
2641	planning, development, construction, operation, and maintenance
2642	of on-demand transportation services; and for the payment of
2643	principal and interest on bonds issued for the construction of
2644	fixed guideway rapid transit systems, bus systems, roads, or
2645	bridges; and such proceeds may be pledged by the governing body
2646	of the county for bonds issued to refinance existing bonds or
2647	new bonds issued for the construction of such fixed guideway
2648	rapid transit systems, bus systems, roads, or bridges. Pursuant
2649	to an interlocal agreement entered into pursuant to chapter 163,
2650	the governing body of the county may distribute proceeds from
2651	the tax to a municipality, or an expressway or transportation
2652	authority created by law to be expended for the purpose
2653	authorized by this paragraph. Any county that has entered into
2654	interlocal agreements for distribution of proceeds to one or
2655	more municipalities in the county shall revise such interlocal
2656	agreements as necessary for the sole purpose of including no
2657	less than every 5 years in order to include any municipalities
2658	that have been created during the immediately preceding year,
2659	provided that any funds distributed to a new municipality must
2660	come from funds otherwise retained and used by the charter
2661	county, must be on a pro rata basis with the allocation of funds
2662	to the previously existing municipalities, and must not reduce
2663	the percentage allocation to the previously existing
2664	municipalities. Notwithstanding the foregoing, the first
2665	revision of interlocal agreements pursuant to this subparagraph
2666	shall include any municipality that has been created since the
2667	surtax was adopted by the charter county. Any charter county
2668	that seeks to terminate or substantially modify the distribution
2669	of funds to municipalities may do so only pursuant to approval
2670	by a majority vote of the electorate of the county since the
2671	prior interlocal agreements were executed.
2672	Section 77.  Subsection (5) of section 316.613, Florida
2673	Statutes, is renumbered as subsection (6) and a new subsection
2674	(5) is added to that section to read:
2675	316.613  Child restraint requirements.-
2676	(5)  The child restraint requirements imposed by this
2677	section do not apply to a chauffeur-driven taxi, limousine,
2678	sedan, van, bus, motor coach, or other passenger vehicle if the
2679	operator and the motor vehicle are hired and used for the
2680	transportation of persons for compensation. It is the obligation
2681	and responsibility of the parent, guardian, or other person
2682	responsible for a child's welfare, as defined in s. 39.01(47),
2683	to comply with the requirements of this section.
2684	Section 78.  Except as otherwise expressly provided in this
2685	act and except for this section, which shall take effect upon
2686	this act becoming a law, this act shall take effect July 1,
2687	2011.

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