Bill Text: FL S0218 | 2014 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for CS for SB 218 Second Engrossed
2014218e2
1 A bill to be entitled
2 An act relating to transportation; amending s. 125.42,
3 F.S.; requiring utility and television lines to be
4 removed from county roads and highways at no cost to
5 the county if the county finds the lines to be
6 unreasonably interfering with the widening, repair, or
7 reconstruction of any such road; providing certain
8 exceptions; amending s. 316.2397, F.S.; expanding the
9 types of vehicles that may show or display an amber
10 light; amending s. 335.06, F.S.; authorizing the
11 Department of Transportation to improve and maintain
12 roads that provide access to property within the state
13 park system if they are part of a county road system
14 or city street system; requiring that the appropriate
15 county or municipality maintain such a road if the
16 department does not maintain it; amending s. 335.065,
17 F.S.; authorizing the department to use appropriated
18 funds for the establishment of a statewide system of
19 interconnected multiuse trails; prioritizing projects
20 for funding; requiring funded projects to be included
21 in the department’s work program; providing that the
22 department is not responsible for or obligated to
23 provide funds for the operation and maintenance of any
24 such project; amending s. 337.403, F.S.; providing an
25 exception for payment of certain utility work
26 necessitated by a project on the State Highway System
27 for municipally owned utilities or county-owned
28 utilities located in rural areas of critical economic
29 concern; authorizing the Department of Transportation
30 to pay for such costs under certain circumstances;
31 revising certain exceptions; providing an exception
32 for certain rail service projects; creating s.
33 339.041, F.S.; providing legislative intent;
34 describing the types of department property eligible
35 for factoring future revenues received by the
36 department from leases for communication facilities on
37 department property; authorizing the department to
38 enter into agreements with investors to purchase the
39 revenue streams from department leases of wireless
40 communication facilities on such property pursuant to
41 an invitation to negotiate; prohibiting the department
42 from pledging state credit; allowing the department to
43 make certain covenants; providing for the
44 appropriation and payment of moneys received from such
45 agreements to investors; requiring the proceeds from
46 such leases to be used for capital expenditures;
47 amending s. 339.2818, F.S.; subject to the
48 appropriation of specified additional funding,
49 authorizing a municipality within a rural area of
50 critical economic concern or a rural area of critical
51 economic concern community to compete for certain
52 funding; providing criteria; amending ss. 348.53 and
53 348.54, F.S.; revising the powers of the Tampa
54 Hillsborough County Expressway Authority; creating s.
55 341.103, F.S.; authorizing the director of a
56 transportation system or his or her designee to
57 dispose of personal property found on a public
58 transportation system; providing procedures for
59 disposal; amending s. 479.16, F.S.; exempting certain
60 signs from the provisions of ch. 479, F.S.; exempting
61 from permitting certain signs placed by tourist
62 oriented businesses, certain farm signs placed during
63 harvest seasons, certain acknowledgment signs on
64 publicly funded school premises, and certain displays
65 on specific sports facilities; providing that certain
66 provisions relating to the regulation of signs may not
67 be implemented or continued if such actions will
68 adversely impact the allocation of federal funds to
69 the Department of Transportation; directing the
70 department to notify a sign owner that the sign must
71 be removed within a certain timeframe if federal funds
72 are adversely impacted; authorizing the department to
73 remove the sign and assess costs against the sign
74 owner under certain circumstances; amending s.
75 479.262, F.S.; clarifying provisions relating to the
76 tourist-oriented directional sign program; limiting
77 the placement of such signs to intersections on
78 certain rural roads; prohibiting such signs in urban
79 areas or at interchanges on freeways or expressways;
80 providing an effective date.
81
82 Be It Enacted by the Legislature of the State of Florida:
83
84 Section 1. Subsection (5) of section 125.42, Florida
85 Statutes, is amended to read:
86 125.42 Water, sewage, gas, power, telephone, other utility,
87 and television lines along county roads and highways.—
88 (5) In the event of widening, repair, or reconstruction of
89 any such road, the licensee shall move or remove such water,
90 sewage, gas, power, telephone, and other utility lines and
91 television lines at no cost to the county should they be found
92 by the county to be unreasonably interfering, except as provided
93 in s. 337.403(1)(d)-(i) s. 337.403(1)(e).
94 Section 2. Subsection (4) of section 316.2397, Florida
95 Statutes, is amended to read:
96 316.2397 Certain lights prohibited; exceptions.—
97 (4) Road or street maintenance equipment, road or street
98 maintenance vehicles, road service vehicles, refuse collection
99 vehicles, petroleum tankers, and mail carrier vehicles may show
100 or display amber lights when in operation or a hazard exists. A
101 commercial motor vehicle or trailer designed to transport
102 unprocessed logs or pulpwood may show or display an amber light
103 affixed to the rearmost point of the vehicle or trailer.
104 Section 3. Section 335.06, Florida Statutes, is amended to
105 read:
106 335.06 Access roads to the state park system.—Any road that
107 which provides access to property within the state park system
108 shall be maintained by the department if the road is a part of
109 the State Highway System; however, if such road is part of a
110 county road system or city street system, the department may
111 improve and maintain it. If the department does not maintain a
112 county or city road that provides access to the state park
113 system, the road or shall be maintained by the appropriate
114 county or municipality if the road is a part of the county road
115 system or the city street system.
116 Section 4. Subsections (4) and (5) are added to section
117 335.065, Florida Statutes, to read:
118 335.065 Bicycle and pedestrian ways along state roads and
119 transportation facilities.—
120 (4) The department may use appropriated funds to support
121 the establishment of a statewide system of interconnected
122 multiuse trails and to pay the cost of planning, land
123 acquisition, design, and construction of such trails and related
124 facilities. The department shall give funding priority to
125 projects that:
126 (a) Are identified by the Florida Greenways and Trails
127 Council as a priority within the Florida Greenways and Trails
128 System under chapter 260.
129 (b) Support the transportation needs of bicyclists and
130 pedestrians.
131 (c) Have national, statewide, or regional importance.
132 (d) Facilitate an interconnected system of trails by
133 completing gaps between existing trails.
134 (5) A project funded under subsection (4) shall:
135 (a) Be included in the department’s work program developed
136 in accordance with s. 339.135.
137 (b) Be operated and maintained by an entity other than the
138 department upon completion of construction. The department is
139 not obligated to provide funds for the operation and maintenance
140 of the project.
141 Section 5. Subsection (1) of section 337.403, Florida
142 Statutes, is amended to read:
143 337.403 Interference caused by relocation of utility;
144 expenses.—
145 (1) If a utility that is placed upon, under, over, or along
146 any public road or publicly owned rail corridor is found by the
147 authority to be unreasonably interfering in any way with the
148 convenient, safe, or continuous use, or the maintenance,
149 improvement, extension, or expansion, of such public road or
150 publicly owned rail corridor, the utility owner shall, upon 30
151 days’ written notice to the utility or its agent by the
152 authority, initiate the work necessary to alleviate the
153 interference at its own expense except as provided in paragraphs
154 (a)-(i) (a)-(g). The work must be completed within such
155 reasonable time as stated in the notice or such time as agreed
156 to by the authority and the utility owner.
157 (a) If the relocation of utility facilities, as referred to
158 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
159 84-627 627 of the 84th Congress, is necessitated by the
160 construction of a project on the federal-aid interstate system,
161 including extensions thereof within urban areas, and the cost of
162 the project is eligible and approved for reimbursement by the
163 Federal Government to the extent of 90 percent or more under the
164 Federal Aid Highway Act, or any amendment thereof, then in that
165 event the utility owning or operating such facilities shall
166 perform any necessary work upon notice from the department, and
167 the state shall pay the entire expense properly attributable to
168 such work after deducting therefrom any increase in the value of
169 a new facility and any salvage value derived from an old
170 facility.
171 (b) When a joint agreement between the department and the
172 utility is executed for utility work to be accomplished as part
173 of a contract for construction of a transportation facility, the
174 department may participate in those utility work costs that
175 exceed the department’s official estimate of the cost of the
176 work by more than 10 percent. The amount of such participation
177 is shall be limited to the difference between the official
178 estimate of all the work in the joint agreement plus 10 percent
179 and the amount awarded for this work in the construction
180 contract for such work. The department may not participate in
181 any utility work costs that occur as a result of changes or
182 additions during the course of the contract.
183 (c) When an agreement between the department and utility is
184 executed for utility work to be accomplished in advance of a
185 contract for construction of a transportation facility, the
186 department may participate in the cost of clearing and grubbing
187 necessary to perform such work.
188 (d) If the utility facility was initially installed to
189 exclusively serve the authority or its tenants, or both, the
190 authority shall bear the costs of the utility work. However, the
191 authority is not responsible for the cost of utility work
192 related to any subsequent additions to that facility for the
193 purpose of serving others. For a county or municipality, if such
194 utility facility was installed in the right-of-way as a means to
195 serve a county or municipal facility on a parcel of property
196 adjacent to the right-of-way and if the intended use of the
197 county or municipal facility is for a use other than
198 transportation purposes, the obligation of the county or
199 municipality to bear the costs of the utility work shall extend
200 only to utility work on the parcel of property on which the
201 facility of the county or municipality originally served by the
202 utility facility is located.
203 (e) If, under an agreement between a utility and the
204 authority entered into after July 1, 2009, the utility conveys,
205 subordinates, or relinquishes a compensable property right to
206 the authority for the purpose of accommodating the acquisition
207 or use of the right-of-way by the authority, without the
208 agreement expressly addressing future responsibility for the
209 cost of necessary utility work, the authority shall bear the
210 cost of removal or relocation. This paragraph does not impair or
211 restrict, and may not be used to interpret, the terms of any
212 such agreement entered into before July 1, 2009.
213 (f) If the utility is an electric facility being relocated
214 underground in order to enhance vehicular, bicycle, and
215 pedestrian safety and in which ownership of the electric
216 facility to be placed underground has been transferred from a
217 private to a public utility within the past 5 years, the
218 department shall incur all costs of the necessary utility work.
219 (g) An authority may bear the costs of utility work
220 required to eliminate an unreasonable interference when the
221 utility is not able to establish that it has a compensable
222 property right in the particular property where the utility is
223 located if:
224 1. The utility was physically located on the particular
225 property before the authority acquired rights in the property;
226 2. The utility demonstrates that it has a compensable
227 property right in all adjacent properties along the alignment of
228 the utility or, after due diligence, certifies that the utility
229 does not have evidence to prove or disprove that it has a
230 compensable property right in the particular property where the
231 utility is located; and
232 3. The information available to the authority does not
233 establish the relative priorities of the authority’s and the
234 utility’s interests in the particular property.
235 (h) If a municipally owned utility or county-owned utility
236 is located in a rural area of critical economic concern, as
237 defined in s. 288.0656(2), and the department determines that
238 the utility is unable, and will not be able within the next 10
239 years, to pay for the cost of utility work necessitated by a
240 department project on the State Highway System, the department
241 may pay, in whole or in part, the cost of such utility work
242 performed by the department or its contractor.
243 (i) If the relocation of utility facilities is necessitated
244 by the construction of a commuter rail service project or an
245 intercity passenger rail service project and the cost of the
246 project is eligible and approved for reimbursement by the
247 Federal Government, then in that event the utility owning or
248 operating such facilities located by permit on a department
249 owned rail corridor shall perform any necessary utility
250 relocation work upon notice from the department, and the
251 department shall pay the expense properly attributable to such
252 utility relocation work in the same proportion as federal funds
253 are expended on the commuter rail service project or an
254 intercity passenger rail service project after deducting
255 therefrom any increase in the value of a new facility and any
256 salvage value derived from an old facility. In no event shall
257 the state be required to use state dollars for such utility
258 relocation work. This paragraph does not apply to any phase of
259 the Central Florida Commuter Rail project, known as SunRail.
260 Section 6. Section 339.041, Florida Statutes, is created to
261 read:
262 339.041 Factoring of revenues from leases for wireless
263 communication facilities.—
264 (1) The Legislature finds that efforts to increase funding
265 for capital expenditures for the transportation system are
266 necessary for the protection of the public safety and general
267 welfare and for the preservation of transportation facilities in
268 this state. It is, therefore, the intent of the Legislature:
269 (a) To create a mechanism for factoring future revenues
270 received by the department from leases for wireless
271 communication facilities on department property on a nonrecourse
272 basis;
273 (b) To fund fixed capital expenditures for the statewide
274 transportation system from proceeds generated through this
275 mechanism; and
276 (c) To maximize revenues from factoring by ensuring that
277 such revenues are exempt from income taxation under federal law
278 in order to increase funds available for capital expenditures.
279 (2) For the purposes of factoring revenues under this
280 section, department property includes real property located
281 within the department’s limited access rights-of-way, property
282 located outside the current operating right-of-way limits which
283 is not needed to support current transportation facilities,
284 other property owned by the Board of Trustees of the Internal
285 Improvement Trust Fund and leased by the department, space on
286 department telecommunications facilities, and space on
287 department structures.
288 (3) The department may solicit investors willing to enter
289 into agreements to purchase the revenue stream from one or more
290 existing department leases for wireless communication facilities
291 on property owned or controlled by the department through the
292 issuance of an invitation to negotiate. Such agreements shall be
293 structured as tax-exempt financings for federal income tax
294 purposes in order to result in the largest possible payout.
295 (4) The department may not pledge the credit, the general
296 revenues, or the taxing power of the state or of any political
297 subdivision of the state. The obligations of the department and
298 investors under the agreement do not constitute a general
299 obligation of the state or a pledge of the full faith and credit
300 or taxing power of the state. The agreement is payable from and
301 secured solely by payments received from department leases for
302 wireless communication facilities on property owned or
303 controlled by the department, and neither the state nor any of
304 its agencies has any liability beyond such payments.
305 (5) The department may make any covenant or representation
306 necessary or desirable in connection with the agreement,
307 including a commitment by the department to take whatever
308 actions are necessary on behalf of investors to enforce the
309 department’s rights to payments on property leased for wireless
310 communications facilities. However, the department may not
311 guarantee that revenues actually received in a future year will
312 be those anticipated in its leases for wireless communication
313 facilities. The department may agree to use its best efforts to
314 ensure that anticipated future-year revenues are protected. Any
315 risk that actual revenues received from department leases for
316 wireless communications facilities will be lower than
317 anticipated shall be borne exclusively by investors.
318 (6) Subject to annual appropriation, the investors shall
319 collect the lease payments on a schedule and in a manner
320 established in the agreements entered into pursuant to this
321 section between the department and the investors. The agreements
322 may provide for lease payments to be made directly to investors
323 by lessees if the lease agreements entered into by the
324 department and the lessees pursuant to s. 365.172(12)(f) allow
325 direct payment.
326 (7) Proceeds received by the department from leases for
327 wireless communication facilities shall be deposited in the
328 State Transportation Trust Fund created under s. 206.46 and used
329 for fixed capital expenditures for the statewide transportation
330 system.
331 Section 7. Subsection (7) is added to section 339.2818,
332 Florida Statutes, to read:
333 339.2818 Small County Outreach Program.—
334 (7) Subject to a specific appropriation in addition to
335 funds annually appropriated for projects under this section, a
336 municipality within a rural area of critical economic concern or
337 a rural area of critical economic concern community designated
338 under s. 288.0656(7)(a) may compete for the additional project
339 funding using the criteria listed in subsection (4) at up to 100
340 percent of project costs, excluding capacity improvement
341 projects.
342 Section 8. Section 348.53, Florida Statutes, is amended to
343 read:
344 348.53 Purposes of the authority.—The authority is created
345 for the purposes and shall have power to construct, reconstruct,
346 improve, extend, repair, maintain and operate the expressway
347 system. It is hereby found and declared that such purposes are
348 in all respects for the benefit of the people of the State of
349 Florida, the City of Tampa, and the County of Hillsborough, for
350 the increase of their pleasure, convenience, and welfare;, for
351 the improvement of their health; and, to facilitate
352 transportation, including managed lanes and other transit
353 supporting facilities, for their recreation and commerce and for
354 the common defense. The authority is shall be performing a
355 public purpose and a governmental function in carrying out its
356 corporate purpose and in exercising the powers granted herein.
357 Section 9. Subsection (15) is added to section 348.54,
358 Florida Statutes, to read:
359 348.54 Powers of the authority.—Except as otherwise limited
360 herein, the authority shall have the power:
361 (15) With the consent of the county within whose
362 jurisdiction the activities occur, to construct, operate, and
363 maintain roads, bridges, avenues of access, thoroughfares, and
364 boulevards and managed lanes and other transit supporting
365 facilities outside of the jurisdictional boundaries of
366 Hillsborough County and within the jurisdictional boundaries of
367 counties contiguous to Hillsborough County, together with the
368 right to construct, repair, replace, operate, install, and
369 maintain such facilities and electronic toll payment systems
370 thereon or incidental thereto, with all necessary and incidental
371 powers to accomplish the foregoing.
372 Section 10. Section 341.103, Florida Statutes, is created
373 to read:
374 341.103 Disposal of personal property found on a public
375 transportation system.—
376 (1) If personal property is found on a public
377 transportation system, the director of the system or the
378 director’s designee shall take charge of the property and make a
379 record of the date such property was found. If, within 90
380 calendar days after such property is found, or for a longer
381 period of time as may be deemed appropriate by the director or
382 the director’s designee under the circumstances, the property is
383 not claimed by the owner, the director or the director’s
384 designee may:
385 (a) Retain any or all of the property for use by the public
386 transportation system or for use by the state or the unit of
387 local government owning or operating the public transportation
388 system;
389 (b) Trade or donate such property to another unit of local
390 government or a state agency;
391 (c) Donate the property to a charitable organization;
392 (d) Sell the property; or
393 (e) Dispose of the property through an appropriate refuse
394 removal company or a company that provides salvage services for
395 the type of personal property found or located on the public
396 transportation system.
397 (2) The public transportation system shall notify the
398 owner, if known, that the property has been found and of its
399 intent to dispose of such property.
400 (3) If the public transportation system elects to sell the
401 property, it shall be sold at a public auction on the Internet
402 or at a specified physical location. Notice of the time and
403 place of sale must be given at least 10 calendar days before the
404 date of sale in a publication of general circulation within the
405 county where the public transportation system is located and
406 after written notice, via certified mail, return receipt
407 requested, is provided to the owner, if his or her identity and
408 address are known. Such notice is sufficient if it refers to the
409 public transportation system’s intention to sell all then
410 accumulated found property. There is no requirement that the
411 notice identify each item to be sold. The rightful owner of such
412 property may reclaim the property at any time before sale by
413 presenting acceptable evidence of ownership to the public
414 transportation system director or the director’s designee. All
415 proceeds from the sale of the property shall be retained by the
416 public transportation system for use by the public
417 transportation system in any lawfully authorized manner.
418 (4) A purchaser or recipient of personal property sold or
419 obtained in good faith under this section shall take possession
420 of the property free of the rights of the persons previously
421 holding any legal or equitable interest therein, whether or not
422 recorded.
423 Section 11. Section 479.16, Florida Statutes, is amended to
424 read:
425 479.16 Signs for which permits are not required.—Signs
426 placed on benches, transit shelters, modular news racks, street
427 light poles, public pay telephones, and waste disposal
428 receptacles within the right-of-way, as provided under s.
429 337.408, are exempt from this chapter. The following signs are
430 exempt from the requirement that a permit for a sign be obtained
431 under the provisions of this chapter but must are required to
432 comply with the provisions of s. 479.11(4)-(8):
433 (1) Signs erected on the premises of an establishment,
434 which signs consist primarily of the name of the establishment
435 or which identify the principal or accessory merchandise,
436 services, activities, or entertainment sold, produced,
437 manufactured, or furnished on the premises of the establishment
438 and which comply with the lighting restrictions imposed under
439 department rule adopted pursuant to s. 479.11(5), or signs owned
440 by a municipality or a county located on the premises of such
441 municipality or such county which display information regarding
442 government services, activities, events, or entertainment. For
443 purposes of this section, the following types of messages shall
444 not be considered information regarding government services,
445 activities, events, or entertainment:
446 (a) Messages that which specifically reference any
447 commercial enterprise.
448 (b) Messages that which reference a commercial sponsor of
449 any event.
450 (c) Personal messages.
451 (d) Political campaign messages.
452
453 If a sign located on the premises of an establishment consists
454 principally of brand name or trade name advertising and the
455 merchandise or service is only incidental to the principal
456 activity, or if the owner of the establishment receives rental
457 income from the sign, then the sign is not exempt under this
458 subsection.
459 (2) Signs erected, used, or maintained on a farm by the
460 owner or lessee of such farm and relating solely to farm
461 produce, merchandise, service, or entertainment sold, produced,
462 manufactured, or furnished on such farm.
463 (3) Signs posted or displayed on real property by the owner
464 or by the authority of the owner, stating that the real property
465 is for sale or rent. However, if the sign contains any message
466 not pertaining to the sale or rental of the that real property,
467 then it is not exempt under this section.
468 (4) Official notices or advertisements posted or displayed
469 on private property by or under the direction of any public or
470 court officer in the performance of her or his official or
471 directed duties, or by trustees under deeds of trust or deeds of
472 assignment or other similar instruments.
473 (5) Danger or precautionary signs relating to the premises
474 on which they are located; forest fire warning signs erected
475 under the authority of the Florida Forest Service of the
476 Department of Agriculture and Consumer Services; and signs,
477 notices, or symbols erected by the United States Government
478 under the direction of the United States Forestry Service.
479 (6) Notices of any railroad, bridge, ferry, or other
480 transportation or transmission company necessary for the
481 direction or safety of the public.
482 (7) Signs, notices, or symbols for the information of
483 aviators as to location, directions, and landings and conditions
484 affecting safety in aviation erected or authorized by the
485 department.
486 (8) Signs or notices measuring up to 8 square feet in area
487 which are erected or maintained upon property and state stating
488 only the name of the owner, lessee, or occupant of the premises
489 and not exceeding 8 square feet in area.
490 (9) Historical markers erected by duly constituted and
491 authorized public authorities.
492 (10) Official traffic control signs and markers erected,
493 caused to be erected, or approved by the department.
494 (11) Signs erected upon property warning the public against
495 hunting and fishing or trespassing thereon.
496 (12) Signs not in excess of up to 8 square feet which that
497 are owned by and relate to the facilities and activities of
498 churches, civic organizations, fraternal organizations,
499 charitable organizations, or units or agencies of government.
500 (13) Except that signs placed on benches, transit shelters,
501 and waste receptacles as provided for in s. 337.408 are exempt
502 from all provisions of this chapter.
503 (13)(14) Signs relating exclusively to political campaigns.
504 (14)(15) Signs measuring up to not in excess of 16 square
505 feet placed at a road junction with the State Highway System
506 denoting only the distance or direction of a residence or farm
507 operation, or, outside an incorporated in a rural area where a
508 hardship is created because a small business is not visible from
509 the road junction with the State Highway System, one sign
510 measuring up to not in excess of 16 square feet, denoting only
511 the name of the business and the distance and direction to the
512 business. The small-business-sign provision of this subsection
513 does not apply to charter counties and may not be implemented if
514 the Federal Government notifies the department that
515 implementation will adversely affect the allocation of federal
516 funds to the department.
517 (15) Signs placed by a local tourist-oriented business
518 located within a rural area of critical economic concern as
519 defined in s. 288.0656(2) which are:
520 (a) Not more than 8 square feet in size or not more than 4
521 feet in height;
522 (b) Located only in rural areas on a facility that does not
523 meet the definition of a limited access facility as defined by
524 department rule;
525 (c) Located within 2 miles of the business location and at
526 least 500 feet apart;
527 (d) Located only in two directions leading to the business;
528 and
529 (e) Not located within the road right-of-way.
530
531 A business placing such signs must be at least 4 miles from any
532 other business using this exemption and may not participate in
533 any other directional signage program by the department.
534 (16) Signs measuring up to 32 square feet denoting only the
535 distance or direction of a farm operation which are erected at a
536 road junction with the State Highway System, but only during the
537 harvest season of the farm operation for a period not to exceed
538 4 months.
539 (17) Acknowledgment signs erected upon publicly funded
540 school premises which relate to a specific public school club,
541 team, or event which are placed at least 1,000 feet from any
542 other acknowledgment signs on the same side of the roadway. The
543 sponsor information on an acknowledgment sign may constitute no
544 more than 100 square feet of the sign. For purposes of this
545 subsection, the term “acknowledgment sign” means a sign that is
546 intended to inform the traveling public that a public school
547 club, team, or event has been sponsored by a person, firm, or
548 other entity.
549 (18) Displays erected upon a sports facility the content of
550 which is directly related to the facility’s activities or where
551 products or services offered on the sports facility property are
552 present. Displays must be mounted flush to the surface of the
553 sports facility and must rely upon the building facade for
554 structural support. For purposes of this subsection, the term
555 “sports facility” means an athletic complex, athletic arena, or
556 athletic stadium, including physically connected parking
557 facilities, which is open to the public and has a permanently
558 installed seating capacity of 15,000 people or more.
559
560 The exemptions in subsections (14)-(18) may not be implemented
561 or continued if the Federal Government notifies the department
562 that implementation or continuation will adversely impact the
563 allocation of federal funds to the department. If the exemptions
564 in subsections (14)-(18) are not implemented or continued due to
565 notification from the Federal Government that the allocation of
566 federal funds to the department will be adversely impacted, the
567 department shall provide notice to the sign owner that the sign
568 must be removed within 30 days. If the sign is not removed
569 within 30 days after receipt of the notice by the sign owner,
570 the department may remove the sign, and the costs incurred in
571 connection with the sign removal shall be assessed against and
572 collected from the sign owner.
573 Section 12. Section 479.262, Florida Statutes, is amended
574 to read:
575 479.262 Tourist-oriented directional sign program.—
576 (1) A tourist-oriented directional sign program to provide
577 directions to rural tourist-oriented businesses, services, and
578 activities may be established for intersections on rural and
579 conventional state, county, or municipal roads only in rural
580 counties identified by criteria and population in s. 288.0656
581 when approved and permitted by county or local government
582 entities within their respective jurisdictional areas at
583 intersections on rural and conventional state, county, or
584 municipal roads. A county or local government that which issues
585 permits for a tourist-oriented directional sign program is shall
586 be responsible for sign construction, maintenance, and program
587 operation in compliance with subsection (3) for roads on the
588 state highway system and may establish permit fees sufficient to
589 offset associated costs. A tourist-oriented directional sign may
590 not be used on roads in urban areas or at interchanges on
591 freeways or expressways.
592 (2) This section does not create a proprietary or
593 compensable interest in any tourist-oriented directional sign
594 site or location for any permittee on any rural and conventional
595 state, county, or municipal road roads. The department or the
596 permitting entity may terminate permits or change locations of
597 tourist-oriented directional sign sites as determined necessary
598 for construction or improvement of transportation facilities or
599 for improved traffic control or safety.
600 (3) Tourist-oriented directional signs installed on the
601 state highway system must shall comply with the requirements of
602 the federal Manual on Uniform Traffic Control Devices and rules
603 established by the department. The department may adopt rules to
604 establish requirements for participant qualification,
605 construction standards, location of sign sites, and other
606 criteria necessary to implement this program.
607 Section 13. This act shall take effect July 1, 2014.
