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 CS for SB 218 By the Committees on Transportation; Appropriations; and Transportation; and Senator Grimsley 596-03267-14 2014218c3 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. 5 335.06, F.S.; authorizing the Department of 6 Transportation to improve and maintain roads that 7 provide access to property within the state park 8 system if they are part of a county road system or 9 city street system; requiring that the appropriate 10 county or municipality maintain such a road if the 11 department does not maintain it; amending s. 337.403, 12 F.S.; providing an exception for payment of certain 13 utility work necessitated by a project on the State 14 Highway System for municipally owned utilities or 15 county-owned utilities located in rural areas of 16 critical economic concern; authorizing the Department 17 of Transportation to pay for such costs under certain 18 circumstances; creating s. 339.041, F.S.; providing 19 legislative intent; describing the types of department 20 property eligible for factoring future revenues 21 received by the department from leases for 22 communication facilities on department property; 23 authorizing the department to enter into agreements 24 with investors to purchase the revenue streams from 25 department leases of wireless communication facilities 26 on such property pursuant to an invitation to 27 negotiate; prohibiting the department from pledging 28 state credit; allowing the department to make certain 29 covenants; providing for the appropriation and payment 30 of moneys received from such agreements to investors; 31 requiring the proceeds from such leases to be used for 32 capital expenditures; amending s. 339.2818, F.S.; 33 subject to the appropriation of specified additional 34 funding, authorizing a municipality within a rural 35 area of critical economic concern or a rural area of 36 critical economic concern community to compete for 37 certain funding; providing criteria; amending s. 38 479.16, F.S.; exempting certain signs from the 39 provisions of ch. 479, F.S.; exempting from permitting 40 certain signs placed by tourist-oriented businesses, 41 certain farm signs placed during harvest seasons, 42 certain acknowledgment signs on publicly funded school 43 premises, and certain displays on specific sports 44 facilities; providing that certain provisions relating 45 to the regulation of signs may not be implemented or 46 continued if such actions will adversely impact the 47 allocation of federal funds to the Department of 48 Transportation; directing the department to notify a 49 sign owner that the sign must be removed within a 50 certain timeframe if federal funds are adversely 51 impacted; authorizing the department to remove the 52 sign and assess costs against the sign owner under 53 certain circumstances; amending s. 479.262, F.S.; 54 clarifying provisions relating to the tourist-oriented 55 directional sign program; limiting the placement of 56 such signs to intersections on certain rural roads; 57 prohibiting such signs in urban areas or at 58 interchanges on freeways or expressways; providing an 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Subsection (4) of section 316.2397, Florida 64 Statutes, is amended to read: 65 316.2397 Certain lights prohibited; exceptions.— 66 (4) Road or street maintenance equipment, road or street 67 maintenance vehicles, road service vehicles, refuse collection 68 vehicles, petroleum tankers, and mail carrier vehicles may show 69 or display amber lights when in operation or a hazard exists. A 70 commercial motor vehicle or trailer designed to transport 71 unprocessed logs or pulpwood may show or display an amber light 72 affixed to the rearmost point of the vehicle or trailer. 73 Section 2. Section 335.06, Florida Statutes, is amended to 74 read: 75 335.06 Access roads to the state park system.—Any road that 76whichprovides access to property within the state park system 77 shall be maintained by the department if the road is a part of 78 the State Highway System; however, if such road is part of a 79 county road system or city street system, the department may 80 improve and maintain it. If the department does not maintain a 81 county or city road that provides access to the state park 82 system, the roadorshall be maintained by the appropriate 83 county or municipalityif the road is a part of the county road84system or the city street system. 85 Section 3. Subsection (1) of section 337.403, Florida 86 Statutes, is amended to read: 87 337.403 Interference caused by relocation of utility; 88 expenses.— 89 (1) If a utility that is placed upon, under, over, or along 90 any public road or publicly owned rail corridor is found by the 91 authority to be unreasonably interfering in any way with the 92 convenient, safe, or continuous use, or the maintenance, 93 improvement, extension, or expansion, of such public road or 94 publicly owned rail corridor, the utility owner shall, upon 30 95 days’ written notice to the utility or its agent by the 96 authority, initiate the work necessary to alleviate the 97 interference at its own expense except as provided in paragraphs 98 (a)-(h)(a)-(g). The work must be completed within such 99 reasonable time as stated in the notice or such time as agreed 100 to by the authority and the utility owner. 101 (a) If the relocation of utility facilities, as referred to 102 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 103 84-627627 of the 84th Congress, is necessitated by the 104 construction of a project on the federal-aid interstate system, 105 including extensions thereof within urban areas, and the cost of 106 the project is eligible and approved for reimbursement by the 107 Federal Government to the extent of 90 percent or more under the 108 Federal Aid Highway Act, or any amendment thereof, then in that 109 event the utility owning or operating such facilities shall 110 perform any necessary work upon notice from the department, and 111 the state shall pay the entire expense properly attributable to 112 such work after deducting therefrom any increase in the value of 113 a new facility and any salvage value derived from an old 114 facility. 115 (b) When a joint agreement between the department and the 116 utility is executed for utility work to be accomplished as part 117 of a contract for construction of a transportation facility, the 118 department may participate in those utility work costs that 119 exceed the department’s official estimate of the cost of the 120 work by more than 10 percent. The amount of such participation 121 isshall belimited to the difference between the official 122 estimate of all the work in the joint agreement plus 10 percent 123 and the amount awarded for this work in the construction 124 contract for such work. The department may not participate in 125 any utility work costs that occur as a result of changes or 126 additions during the course of the contract. 127 (c) When an agreement between the department and utility is 128 executed for utility work to be accomplished in advance of a 129 contract for construction of a transportation facility, the 130 department may participate in the cost of clearing and grubbing 131 necessary to perform such work. 132 (d) If the utility facility was initially installed to 133 exclusively serve the authority or its tenants, or both, the 134 authority shall bear the costs of the utility work. However, the 135 authority is not responsible for the cost of utility work 136 related to any subsequent additions to that facility for the 137 purpose of serving others. 138 (e) If, under an agreement between a utility and the 139 authority entered into after July 1, 2009, the utility conveys, 140 subordinates, or relinquishes a compensable property right to 141 the authority for the purpose of accommodating the acquisition 142 or use of the right-of-way by the authority, without the 143 agreement expressly addressing future responsibility for the 144 cost of necessary utility work, the authority shall bear the 145 cost of removal or relocation. This paragraph does not impair or 146 restrict, and may not be used to interpret, the terms of any 147 such agreement entered into before July 1, 2009. 148 (f) If the utility is an electric facility being relocated 149 underground in order to enhance vehicular, bicycle, and 150 pedestrian safety and in which ownership of the electric 151 facility to be placed underground has been transferred from a 152 private to a public utility within the past 5 years, the 153 department shall incur all costs of the necessary utility work. 154 (g) An authority may bear the costs of utility work 155 required to eliminate an unreasonable interference when the 156 utility is not able to establish that it has a compensable 157 property right in the particular property where the utility is 158 located if: 159 1. The utility was physically located on the particular 160 property before the authority acquired rights in the property; 161 2. The utility demonstrates that it has a compensable 162 property right in all adjacent properties along the alignment of 163 the utility; and 164 3. The information available to the authority does not 165 establish the relative priorities of the authority’s and the 166 utility’s interests in the particular property. 167 (h) If a municipally owned utility or county-owned utility 168 is located in a rural area of critical economic concern, as 169 defined in s. 288.0656(2), and the department determines that 170 the utility is unable, and will not be able within the next 10 171 years, to pay for the cost of utility work necessitated by a 172 department project on the State Highway System, the department 173 may pay, in whole or in part, the cost of such utility work 174 performed by the department or its contractor. 175 Section 4. Section 339.041, Florida Statutes, is created to 176 read: 177 339.041 Factoring of revenues from leases for wireless 178 communication facilities.— 179 (1) The Legislature finds that efforts to increase funding 180 for capital expenditures for the transportation system are 181 necessary for the protection of the public safety and general 182 welfare and for the preservation of transportation facilities in 183 this state. It is, therefore, the intent of the Legislature: 184 (a) To create a mechanism for factoring future revenues 185 received by the department from leases for wireless 186 communication facilities on department property on a nonrecourse 187 basis; 188 (b) To fund fixed capital expenditures for the statewide 189 transportation system from proceeds generated through this 190 mechanism; and 191 (c) To maximize revenues from factoring by ensuring that 192 such revenues are exempt from income taxation under federal law 193 in order to increase funds available for capital expenditures. 194 (2) For the purposes of factoring revenues under this 195 section, department property includes real property located 196 within the department’s limited access rights-of-way, property 197 located outside the current operating right-of-way limits which 198 is not needed to support current transportation facilities, 199 other property owned by the Board of Trustees of the Internal 200 Improvement Trust Fund and leased by the department, space on 201 department telecommunications facilities, and space on 202 department structures. 203 (3) The department may solicit investors willing to enter 204 into agreements to purchase the revenue stream from one or more 205 existing department leases for wireless communication facilities 206 on property owned or controlled by the department through the 207 issuance of an invitation to negotiate. Such agreements shall be 208 structured as tax-exempt financings for federal income tax 209 purposes in order to result in the largest possible payout. 210 (4) The department may not pledge the credit, the general 211 revenues, or the taxing power of the state or of any political 212 subdivision of the state. The obligations of the department and 213 investors under the agreement do not constitute a general 214 obligation of the state or a pledge of the full faith and credit 215 or taxing power of the state. The agreement is payable from and 216 secured solely by payments received from department leases for 217 wireless communication facilities on property owned or 218 controlled by the department, and neither the state nor any of 219 its agencies has any liability beyond such payments. 220 (5) The department may make any covenant or representation 221 necessary or desirable in connection with the agreement, 222 including a commitment by the department to take whatever 223 actions are necessary on behalf of investors to enforce the 224 department’s rights to payments on property leased for wireless 225 communications facilities. However, the department may not 226 guarantee that revenues actually received in a future year will 227 be those anticipated in its leases for wireless communication 228 facilities. The department may agree to use its best efforts to 229 ensure that anticipated future-year revenues are protected. Any 230 risk that actual revenues received from department leases for 231 wireless communications facilities will be lower than 232 anticipated shall be borne exclusively by investors. 233 (6) Subject to annual appropriation, the investors shall 234 collect the lease payments on a schedule and in a manner 235 established in the agreements entered into pursuant to this 236 section between the department and the investors. The agreements 237 may provide for lease payments to be made directly to investors 238 by lessees if the lease agreements entered into by the 239 department and the lessees pursuant to s. 365.172(12)(f) allow 240 direct payment. 241 (7) Proceeds received by the department from leases for 242 wireless communication facilities shall be deposited in the 243 State Transportation Trust Fund created under s. 206.46 and used 244 for fixed capital expenditures for the statewide transportation 245 system. 246 Section 5. Subsection (7) is added to section 339.2818, 247 Florida Statutes, to read: 248 339.2818 Small County Outreach Program.— 249 (7) Subject to a specific appropriation in addition to 250 funds annually appropriated for projects under this section, a 251 municipality within a rural area of critical economic concern or 252 a rural area of critical economic concern community designated 253 under s. 288.0656(7)(a) may compete for the additional project 254 funding using the criteria listed in subsection (4) at up to 100 255 percent of project costs, excluding capacity improvement 256 projects. 257 Section 6. Section 479.16, Florida Statutes, is amended to 258 read: 259 479.16 Signs for which permits are not required.—Signs 260 placed on benches, transit shelters, modular news racks, street 261 light poles, public pay telephones, and waste disposal 262 receptacles within the right-of-way, as provided under s. 263 337.408, are exempt from this chapter. The following signs are 264 exempt from the requirement that a permitfor a signbe obtained 265 underthe provisions ofthis chapter but mustare required to266 comply withthe provisions ofs. 479.11(4)-(8): 267 (1) Signs erected on the premises of an establishment,268 whichsignsconsist primarily of the name of the establishment 269 orwhichidentify the principal or accessory merchandise, 270 services, activities, or entertainment sold, produced, 271 manufactured, or furnished on the premises of the establishment 272 and which comply with the lighting restrictions imposed under 273department rule adoptedpursuant tos. 479.11(5), or signs owned 274 by a municipality oracounty located on the premises of such 275 municipality orsuchcounty which display information regarding 276 government services, activities, events, or entertainment. For 277 purposes of this section, the following types of messages shall 278 not be considered information regarding government services, 279 activities, events, or entertainment: 280 (a) Messages thatwhichspecifically reference any 281 commercial enterprise. 282 (b) Messages thatwhichreference a commercial sponsor of 283 any event. 284 (c) Personal messages. 285 (d) Political campaign messages. 286 287 If a sign located on the premises of an establishment consists 288 principally of brand name or trade name advertising and the 289 merchandise or service is only incidental to the principal 290 activity, or if the owner of the establishment receives rental 291 income from the sign,thenthe sign is not exempt under this 292 subsection. 293 (2) Signs erected, used, or maintained on a farm by the 294 owner or lessee of such farm and relating solely to farm 295 produce, merchandise, service, or entertainment sold, produced, 296 manufactured, or furnished on such farm. 297 (3) Signs posted or displayed on real property by the owner 298 or by the authority of the owner, stating that the real property 299 is for sale or rent. However, if the sign contains any message 300 not pertaining to the sale or rental of thethatreal property, 301thenit is not exempt under this section. 302 (4) Official notices or advertisements posted or displayed 303 on private property by or under the direction of any public or 304 court officer in the performance of her or his official or 305 directed duties,or by trustees under deeds of trust or deeds of 306 assignment or other similar instruments. 307 (5) Danger or precautionary signs relating to the premises 308 on which they are located; forest fire warning signs erected 309 under the authority of the Florida Forest Service of the 310 Department of Agriculture and Consumer Services; and signs, 311 notices, or symbols erected by the United States Government 312 under the direction of the United States Forestry Service. 313 (6) Notices of any railroad, bridge, ferry, or other 314 transportation or transmission company necessary for the 315 direction or safety of the public. 316 (7) Signs, notices, or symbols for the information of 317 aviators as to location, directions, and landings and conditions 318 affecting safety in aviation erected or authorized by the 319 department. 320 (8) Signs or notices measuring up to 8 square feet in area 321 which are erected or maintained upon property and statestating322 only the name of the owner, lessee, or occupant of the premises 323and not exceeding8square feet in area. 324 (9) Historical markers erected byduly constituted and325 authorized public authorities. 326 (10) Official traffic control signs and markers erected, 327 caused to be erected, or approved by the department. 328 (11) Signs erected upon property warning the public against 329 hunting and fishing or trespassingthereon. 330 (12) Signsnot in excessof up to 8 square feet whichthat331 are owned by and relate to the facilities and activities of 332 churches, civic organizations, fraternal organizations, 333 charitable organizations, or units or agencies of government. 334(13) Except thatsigns placed on benches, transit shelters,335and waste receptacles as provided for in s. 337.408 are exempt336from all provisions of this chapter.337 (13)(14)Signs relating exclusively to political campaigns. 338 (14)(15)Signs measuring up tonot in excess of16 square 339 feet placed at a road junction with the State Highway System 340 denoting only the distance or direction of a residence or farm 341 operation, or, outside an incorporatedin a ruralarea where a 342 hardship is created because a small business is not visible from 343 the road junction with the State Highway System, one sign 344 measuring up tonot in excess of16 square feet, denoting only 345 the name of the business and the distance and direction to the 346 business.The small-business-sign provision of this subsection347does not apply to charter counties and may not be implemented if348the Federal Government notifies the department that349implementation will adversely affect the allocation of federal350funds to the department.351 (15) Signs placed by a local tourist-oriented business 352 located within a rural area of critical economic concern as 353 defined in s. 288.0656(2) which are: 354 (a) Not more than 8 square feet in size or not more than 4 355 feet in height; 356 (b) Located only in rural areas on a facility that does not 357 meet the definition of a limited access facility as defined by 358 department rule; 359 (c) Located within 2 miles of the business location and at 360 least 500 feet apart; 361 (d) Located only in two directions leading to the business; 362 and 363 (e) Not located within the road right-of-way. 364 365 A business placing such signs must be at least 4 miles from any 366 other business using this exemption and may not participate in 367 any other directional signage program by the department. 368 (16) Signs measuring up to 32 square feet denoting only the 369 distance or direction of a farm operation which are erected at a 370 road junction with the State Highway System, but only during the 371 harvest season of the farm operation for a period not to exceed 372 4 months. 373 (17) Acknowledgment signs erected upon publicly funded 374 school premises which relate to a specific public school club, 375 team, or event which are placed at least 1,000 feet from any 376 other acknowledgment signs on the same side of the roadway. The 377 sponsor information on an acknowledgment sign may constitute no 378 more than 100 square feet of the sign. For purposes of this 379 subsection, the term “acknowledgment sign” means a sign that is 380 intended to inform the traveling public that a public school 381 club, team, or event has been sponsored by a person, firm, or 382 other entity. 383 (18) Displays erected upon a sports facility the content of 384 which is directly related to the facility’s activities or where 385 products or services offered on the sports facility property are 386 present. Displays must be mounted flush to the surface of the 387 sports facility and must rely upon the building facade for 388 structural support. For purposes of this subsection, the term 389 “sports facility” means an athletic complex, athletic arena, or 390 athletic stadium, including physically connected parking 391 facilities, which is open to the public and has a permanently 392 installed seating capacity of 15,000 people or more. 393 394 The exemptions in subsections (14)-(18) may not be implemented 395 or continued if the Federal Government notifies the department 396 that implementation or continuation will adversely impact the 397 allocation of federal funds to the department. If the exemptions 398 in subsections (14)-(18) are not implemented or continued due to 399 notification from the Federal Government that the allocation of 400 federal funds to the department will be adversely impacted, the 401 department shall provide notice to the sign owner that the sign 402 must be removed within 30 days. If the sign is not removed 403 within 30 days after receipt of the notice by the sign owner, 404 the department may remove the sign, and the costs incurred in 405 connection with the sign removal shall be assessed against and 406 collected from the sign owner. 407 Section 7. Section 479.262, Florida Statutes, is amended to 408 read: 409 479.262 Tourist-oriented directional sign program.— 410 (1) A tourist-oriented directional sign program to provide 411 directions to rural tourist-oriented businesses, services, and 412 activities may be established for intersections on rural and 413 conventional state, county, or municipal roads onlyin rural414counties identified by criteria and population in s. 288.0656415 when approved and permitted by county or local government 416 entities within their respective jurisdictional areasat417intersections on rural and conventional state, county, or418municipal roads. A county or local government thatwhichissues 419 permits for a tourist-oriented directional sign program isshall420beresponsible for sign construction, maintenance, and program 421 operation in compliance with subsection (3) for roads on the 422 state highway system and may establish permit fees sufficient to 423 offset associated costs. A tourist-oriented directional sign may 424 not be used on roads in urban areas or at interchanges on 425 freeways or expressways. 426 (2) This section does not create a proprietary or 427 compensable interest in any tourist-oriented directional sign 428 site or location for any permittee on any rural and conventional 429 state, county, or municipal roadroads. The department or the 430 permitting entity may terminate permits or change locations of 431 tourist-oriented directional sign sites as determined necessary 432 for construction or improvement of transportation facilities or 433 for improved traffic control or safety. 434 (3) Tourist-oriented directional signs installed on the 435 state highway system mustshallcomply with the requirements of 436 the federal Manual on Uniform Traffic Control Devices and rules 437 established by the department. The department may adopt rules to 438 establish requirements for participant qualification, 439 construction standards, location of sign sites, and other 440 criteria necessary to implement this program. 441 Section 8. This act shall take effect July 1, 2014.