Bill Text: FL S0218 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-169, companion bill(s) passed, see CS/CS/HB 1161 (Ch. 2014-215), HB 5003 (Ch. 2014-53), HB 7175 (Ch. 2014-223), SB 2514 (Ch. 2014-50) [S0218 Detail]
Download: Florida-2014-S0218-Comm_Sub.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-20 - Chapter No. 2014-169, companion bill(s) passed, see CS/CS/HB 1161 (Ch. 2014-215), HB 5003 (Ch. 2014-53), HB 7175 (Ch. 2014-223), SB 2514 (Ch. 2014-50) [S0218 Detail]
Download: Florida-2014-S0218-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 218 By the Committees on Appropriations; and Transportation; and Senator Grimsley 576-02577-14 2014218c2 1 A bill to be entitled 2 An act relating to transportation; amending s. 3 316.2397, F.S.; expanding the types of vehicles that 4 may show or display an amber light; amending s. 5 337.403, F.S.; providing an exception for payment of 6 certain utility work necessitated by a project on the 7 State Highway System for municipally owned utilities 8 or county-owned utilities located in rural areas of 9 critical economic concern and authorizing the 10 Department of Transportation to pay for such costs 11 under certain circumstances; creating s. 339.041, 12 F.S.; providing legislative intent; describing the 13 types of department property eligible for factoring 14 future revenues received by the department from leases 15 for communication facilities on department property; 16 authorizing the department to enter into agreements 17 with investors to purchase the revenue streams from 18 department leases of wireless communication facilities 19 on such property pursuant to an invitation to 20 negotiate; prohibiting the department from pledging 21 state credit; allowing the department to make certain 22 covenants; providing for the appropriation and payment 23 of moneys received from such agreements to investors; 24 requiring the proceeds from such leases to be used for 25 capital expenditures; amending s. 339.2818, F.S.; 26 subject to the appropriation of specified additional 27 funding, authorizing a municipality within a rural 28 area of critical economic concern or a rural area of 29 critical economic concern community to compete for 30 certain funding; providing criteria; amending s. 31 479.16, F.S.; exempting certain signs from the 32 provisions of ch. 479, F.S.; exempting from permitting 33 certain signs placed by tourist-oriented businesses, 34 certain farm signs placed during harvest seasons, 35 certain acknowledgement signs on publicly funded 36 school premises, and certain displays on specific 37 sports facilities; providing that certain provisions 38 relating to the regulation of signs may not be 39 implemented or continued if such actions will 40 adversely impact the allocation of federal funds to 41 the Department of Transportation; directing the 42 department to notify a sign owner that the sign must 43 be removed if federal funds are adversely impacted; 44 authorizing the department to remove the sign and 45 assess costs to the sign owner under certain 46 circumstances; amending s. 479.262, F.S.; clarifying 47 provisions relating to the tourist-oriented 48 directional sign program; limiting the placement of 49 such signs to intersections on certain rural roads; 50 prohibiting such signs in urban areas or at 51 interchanges on freeways or expressways; providing an 52 effective date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1. Subsection (4) of section 316.2397, Florida 57 Statutes, is amended to read: 58 316.2397 Certain lights prohibited; exceptions.— 59 (4) Road or street maintenance equipment, road or street 60 maintenance vehicles, road service vehicles, refuse collection 61 vehicles, petroleum tankers, and mail carrier vehicles may show 62 or display amber lights when in operation or a hazard exists. A 63 commercial motor vehicle or trailer designed to transport 64 unprocessed logs or pulpwood may show or display an amber light 65 affixed to the rearmost point of the vehicle or trailer. 66 Section 2. Subsection (1) of section 337.403, Florida 67 Statutes, is amended to read: 68 337.403 Interference caused by relocation of utility; 69 expenses.— 70 (1) If a utility that is placed upon, under, over, or along 71 any public road or publicly owned rail corridor is found by the 72 authority to be unreasonably interfering in any way with the 73 convenient, safe, or continuous use, or the maintenance, 74 improvement, extension, or expansion, of such public road or 75 publicly owned rail corridor, the utility owner shall, upon 30 76 days’ written notice to the utility or its agent by the 77 authority, initiate the work necessary to alleviate the 78 interference at its own expense except as provided in paragraphs 79 (a)-(h)(a)-(g). The work must be completed within such 80 reasonable time as stated in the notice or such time as agreed 81 to by the authority and the utility owner. 82 (a) If the relocation of utility facilities, as referred to 83 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 84 84-627627 of the 84th Congress, is necessitated by the 85 construction of a project on the federal-aid interstate system, 86 including extensions thereof within urban areas, and the cost of 87 the project is eligible and approved for reimbursement by the 88 Federal Government to the extent of 90 percent or more under the 89 Federal Aid Highway Act, or any amendment thereof, then in that 90 event the utility owning or operating such facilities shall 91 perform any necessary work upon notice from the department, and 92 the state shall pay the entire expense properly attributable to 93 such work after deducting therefrom any increase in the value of 94 a new facility and any salvage value derived from an old 95 facility. 96 (b) When a joint agreement between the department and the 97 utility is executed for utility work to be accomplished as part 98 of a contract for construction of a transportation facility, the 99 department may participate in those utility work costs that 100 exceed the department’s official estimate of the cost of the 101 work by more than 10 percent. The amount of such participation 102 isshall belimited to the difference between the official 103 estimate of all the work in the joint agreement plus 10 percent 104 and the amount awarded for this work in the construction 105 contract for such work. The department may not participate in 106 any utility work costs that occur as a result of changes or 107 additions during the course of the contract. 108 (c) When an agreement between the department and utility is 109 executed for utility work to be accomplished in advance of a 110 contract for construction of a transportation facility, the 111 department may participate in the cost of clearing and grubbing 112 necessary to perform such work. 113 (d) If the utility facility was initially installed to 114 exclusively serve the authority or its tenants, or both, the 115 authority shall bear the costs of the utility work. However, the 116 authority is not responsible for the cost of utility work 117 related to any subsequent additions to that facility for the 118 purpose of serving others. 119 (e) If, under an agreement between a utility and the 120 authority entered into after July 1, 2009, the utility conveys, 121 subordinates, or relinquishes a compensable property right to 122 the authority for the purpose of accommodating the acquisition 123 or use of the right-of-way by the authority, without the 124 agreement expressly addressing future responsibility for the 125 cost of necessary utility work, the authority shall bear the 126 cost of removal or relocation. This paragraph does not impair or 127 restrict, and may not be used to interpret, the terms of any 128 such agreement entered into before July 1, 2009. 129 (f) If the utility is an electric facility being relocated 130 underground in order to enhance vehicular, bicycle, and 131 pedestrian safety and in which ownership of the electric 132 facility to be placed underground has been transferred from a 133 private to a public utility within the past 5 years, the 134 department shall incur all costs of the necessary utility work. 135 (g) An authority may bear the costs of utility work 136 required to eliminate an unreasonable interference when the 137 utility is not able to establish that it has a compensable 138 property right in the particular property where the utility is 139 located if: 140 1. The utility was physically located on the particular 141 property before the authority acquired rights in the property; 142 2. The utility demonstrates that it has a compensable 143 property right in all adjacent properties along the alignment of 144 the utility; and 145 3. The information available to the authority does not 146 establish the relative priorities of the authority’s and the 147 utility’s interests in the particular property. 148 (h) If a municipally owned utility or county-owned utility 149 is located in a rural area of critical economic concern, as 150 defined in s. 288.0656(2), and the department determines that 151 the utility is unable, and will not be able within the next 10 152 years, to pay for the cost of utility work necessitated by a 153 department project on the State Highway System, the department 154 may pay, in whole or in part, the cost of such utility work 155 performed by the department or its contractor. 156 Section 3. Section 339.041, Florida Statutes, is created to 157 read: 158 339.041 Factoring of revenues from leases for wireless 159 communication facilities.— 160 (1) The Legislature finds that efforts to increase funding 161 for capital expenditures for the transportation system are 162 necessary for the protection of the public safety and general 163 welfare and for the preservation of transportation facilities in 164 this state. It is, therefore, the intent of the Legislature: 165 (a) To create a mechanism for factoring future revenues 166 received by the department from leases for wireless 167 communication facilities on department property on a nonrecourse 168 basis; 169 (b) To fund fixed capital expenditures for the statewide 170 transportation system from proceeds generated through this 171 mechanism; and 172 (c) To maximize revenues from factoring by ensuring that 173 such revenues are exempt from income taxation under federal law 174 in order to increase funds available for capital expenditures. 175 (2) For the purposes of factoring revenues under this 176 section, department property includes real property located 177 within the department’s limited access rights-of-way, property 178 located outside the current operating right-of-way limits which 179 is not needed to support current transportation facilities, 180 other property owned by the Board of Trustees of the Internal 181 Improvement Trust Fund and leased by the department, space on 182 department telecommunications facilities, and space on 183 department structures. 184 (3) The department may solicit investors willing to enter 185 into agreements to purchase the revenue stream from one or more 186 existing department leases for wireless communication facilities 187 on property owned or controlled by the department through the 188 issuance of an invitation to negotiate. Such agreements shall be 189 structured as tax-exempt financings for federal income tax 190 purposes in order to result in the largest possible payout. 191 (4) The department may not pledge the credit, the general 192 revenues, or the taxing power of the state or of any political 193 subdivision of the state. The obligations of the department and 194 investors under the agreement do not constitute a general 195 obligation of the state or a pledge of the full faith and credit 196 or taxing power of the state. The agreement is payable from and 197 secured solely by payments received from department leases for 198 wireless communication facilities on property owned or 199 controlled by the department, and neither the state nor any of 200 its agencies has any liability beyond such payments. 201 (5) The department may make any covenant or representation 202 necessary or desirable in connection with the agreement, 203 including a commitment by the department to take whatever 204 actions are necessary on behalf of investors to enforce the 205 department’s rights to payments on property leased for wireless 206 communications facilities. However, the department may not 207 guarantee that revenues actually received in a future year will 208 be those anticipated in its leases for wireless communication 209 facilities. The department may agree to use its best efforts to 210 ensure that anticipated future-year revenues are protected. Any 211 risk that actual revenues received from department leases for 212 wireless communications facilities will be lower than 213 anticipated shall be borne exclusively by investors. 214 (6) Subject to annual appropriation, the investors shall 215 collect the lease payments on a schedule and in a manner 216 established in the agreements entered into pursuant to this 217 section between the department and the investors. The agreements 218 may provide for lease payments to be made directly to investors 219 by lessees if the lease agreements entered into by the 220 department and the lessees pursuant to s. 365.172(12)(f) allow 221 direct payment. 222 (7) Proceeds received by the department from leases for 223 wireless communication facilities shall be deposited in the 224 State Transportation Trust Fund created under s. 206.46 and used 225 for fixed capital expenditures for the statewide transportation 226 system. 227 Section 4. Subsection (7) is added to section 339.2818, 228 Florida Statutes, to read: 229 339.2818 Small County Outreach Program.— 230 (7) Subject to a specific appropriation in addition to 231 funds annually appropriated for projects under this section, a 232 municipality within a rural area of critical economic concern or 233 a rural area of critical economic concern community designated 234 under s. 288.0656(7)(a) may compete for the additional project 235 funding using the criteria listed in subsection (4) at up to 100 236 percent of project costs, excluding capacity improvement 237 projects. 238 Section 5. Section 479.16, Florida Statutes, is amended to 239 read: 240 479.16 Signs for which permits are not required.—Signs 241 placed on benches, transit shelters, modular news racks, street 242 light poles, public pay telephones, and waste receptacles within 243 the right-of-way, as provided under s. 337.408, are exempt from 244 this chapter. The following signs are exempt from the 245 requirement that a permitfor a signbe obtained underthe246provisions ofthis chapter but mustare required tocomply with 247the provisions ofs. 479.11(4)-(8): 248 (1) Signs erected on the premises of an establishment,249 whichsignsconsist primarily of the name of the establishment 250 orwhichidentify the principal or accessory merchandise, 251 services, activities, or entertainment sold, produced, 252 manufactured, or furnished on the premises of the establishment 253 and which comply with the lighting restrictions imposed under 254department rule adoptedpursuant tos. 479.11(5), or signs owned 255 by a municipality oracounty located on the premises of such 256 municipality orsuchcounty which display information regarding 257 government services, activities, events, or entertainment. For 258 purposes of this section, the following types of messages shall 259 not be considered information regarding government services, 260 activities, events, or entertainment: 261 (a) Messages thatwhichspecifically reference any 262 commercial enterprise. 263 (b) Messages thatwhichreference a commercial sponsor of 264 any event. 265 (c) Personal messages. 266 (d) Political campaign messages. 267 268 If a sign located on the premises of an establishment consists 269 principally of brand name or trade name advertising and the 270 merchandise or service is only incidental to the principal 271 activity, or if the owner of the establishment receives rental 272 income from the sign,thenthe sign is not exempt under this 273 subsection. 274 (2) Signs erected, used, or maintained on a farm by the 275 owner or lessee of such farm and relating solely to farm 276 produce, merchandise, service, or entertainment sold, produced, 277 manufactured, or furnished on such farm. 278 (3) Signs posted or displayed on real property by the owner 279 or by the authority of the owner, stating that the real property 280 is for sale or rent. However, if the sign contains any message 281 not pertaining to the sale or rental of thethatreal property, 282thenit is not exempt under this section. 283 (4) Official notices or advertisements posted or displayed 284 on private property by or under the direction of any public or 285 court officer in the performance of her or his official or 286 directed duties,or by trustees under deeds of trust or deeds of 287 assignment or other similar instruments. 288 (5) Danger or precautionary signs relating to the premises 289 on which they are located; forest fire warning signs erected 290 under the authority of the Florida Forest Service of the 291 Department of Agriculture and Consumer Services; and signs, 292 notices, or symbols erected by the United States Government 293 under the direction of the United States Forestry Service. 294 (6) Notices of any railroad, bridge, ferry, or other 295 transportation or transmission company necessary for the 296 direction or safety of the public. 297 (7) Signs, notices, or symbols for the information of 298 aviators as to location, directions, and landings and conditions 299 affecting safety in aviation erected or authorized by the 300 department. 301 (8) Signs or notices measuring up to 8 square feet in area 302 which are erected or maintained upon property and statestating303 only the name of the owner, lessee, or occupant of the premises 304and not exceeding8square feet in area. 305 (9) Historical markers erected byduly constituted and306 authorized public authorities. 307 (10) Official traffic control signs and markers erected, 308 caused to be erected, or approved by the department. 309 (11) Signs erected upon property warning the public against 310 hunting and fishing or trespassingthereon. 311 (12) Signsnot in excessof up to 8 square feet whichthat312 are owned by and relate to the facilities and activities of 313 churches, civic organizations, fraternal organizations, 314 charitable organizations, or units or agencies of government. 315(13) Except thatsigns placed on benches, transit shelters,316and waste receptacles as provided for in s. 337.408 are exempt317from all provisions of this chapter.318 (13)(14)Signs relating exclusively to political campaigns. 319 (14)(15)Signs measuring up tonot in excess of16 square 320 feet placed at a road junction with the State Highway System 321 denoting only the distance or direction of a residence or farm 322 operation, or, outside an incorporatedin a ruralarea where a 323 hardship is created because a small business is not visible from 324 the road junction with the State Highway System, one sign 325 measuring up tonot in excess of16 square feet, denoting only 326 the name of the business and the distance and direction to the 327 business.The small-business-sign provision of this subsection328does not apply to charter counties and may not be implemented if329the Federal Government notifies the department that330implementation will adversely affect the allocation of federal331funds to the department.332 (15) Signs placed by a local tourist-oriented business 333 located within a rural area of critical economic concern as 334 defined under s. 288.0656(2) which are: 335 (a) Not more than 8 square feet in size or more than 4 feet 336 in height; 337 (b) Located only in rural areas on a facility that does not 338 meet the definition of a limited access facility as defined by 339 department rule; 340 (c) Located within 2 miles of the business location and at 341 least 500 feet apart; 342 (d) Located only in two directions leading to the business; 343 and 344 (e) Not located within the road right-of-way. 345 346 A business placing such signs must be at least 4 miles from any 347 other business using this exemption and may not participate in 348 any other directional signage program by the department. 349 (16) Signs measuring up to 32 square feet denoting only the 350 distance or direction of a farm operation which are erected at a 351 road junction with the State Highway System, but only during the 352 harvest season of the farm operation for a period not to exceed 353 4 months. 354 (17) Acknowledgement signs erected upon publicly funded 355 school premises which relate to a specific public school club, 356 team, or event which are placed at least 1,000 feet from any 357 other acknowledgement sign on the same side of the roadway. The 358 sponsor information on an acknowledgement sign may constitute no 359 more than 100 square feet of the sign. For purposes of this 360 subsection, the term “acknowledgement sign” means a sign that is 361 intended to inform the traveling public that a public school 362 club, team, or event has been sponsored by a person, firm, or 363 other entity. 364 (18) Displays erected upon a sports facility the content of 365 which is directly related to the facility’s activities or where 366 products or services offered on the sports facility property are 367 present. Displays must be mounted flush to the surface of the 368 sports facility and must rely upon the building facade for 369 structural support. For purposes of this subsection, the term 370 “sports facility” means an athletic complex, athletic arena, or 371 athletic stadium, including physically connected parking 372 facilities, which is open to the public and has a permanent 373 installed seating capacity of 15,000 people or more. 374 375 The exemptions in subsections (14)-(18) may not be implemented 376 or continued if the Federal Government notifies the department 377 that implementation or continuation will adversely impact the 378 allocation of federal funds to the department. If the exemptions 379 in subsections (14)-(18) are not implemented or continued due to 380 notification from the Federal Government that the allocation of 381 federal funds to the department will be adversely impacted, the 382 department shall provide notice to the sign owner that the sign 383 must be removed within 30 days. If the sign is not removed 384 within 30 days after receipt of the notice by the sign owner, 385 the department may remove the sign, and the costs incurred in 386 connection with the sign removal shall be assessed against and 387 collected from the sign owner. 388 Section 6. Section 479.262, Florida Statutes, is amended to 389 read: 390 479.262 Tourist-oriented directional sign program.— 391 (1) A tourist-oriented directional sign program to provide 392 directions to rural tourist-oriented businesses, services, and 393 activities may be established for intersections on rural and 394 conventional state, county, or municipal roads onlyin rural395counties identified by criteria and population in s. 288.0656396 when approved and permitted by county or local government 397 entities within their respective jurisdictional areasat398intersections on rural and conventional state, county, or399municipal roads. A county or local government thatwhichissues 400 permits for a tourist-oriented directional sign program isshall401beresponsible for sign construction, maintenance, and program 402 operation in compliance with subsection (3) for roads on the 403 state highway system and may establish permit fees sufficient to 404 offset associated costs. A tourist-oriented directional sign may 405 not be used on roads in urban areas or at interchanges on 406 freeways or expressways. 407 (2) This section does not create a proprietary or 408 compensable interest in any tourist-oriented directional sign 409 site or location for any permittee on any rural and conventional 410 state, county, or municipal roadroads. The department or the 411 permitting entity may terminate permits or change locations of 412 tourist-oriented directional sign sites as determined necessary 413 for construction or improvement of transportation facilities or 414 for improved traffic control or safety. 415 (3) Tourist-oriented directional signs installed on the 416 state highway system mustshallcomply with the requirements of 417 the federal Manual on Uniform Traffic Control Devices and rules 418 established by the department. The department may adopt rules to 419 establish requirements for participant qualification, 420 construction standards, location of sign sites, and other 421 criteria necessary to implement this program. 422 Section 7. This act shall take effect July 1, 2014.