Bill Text: FL S1554 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations, companion bill(s) passed, see CS/HB 7055 (Ch. 2015-163) [S1554 Detail]
Download: Florida-2015-S1554-Introduced.html
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations, companion bill(s) passed, see CS/HB 7055 (Ch. 2015-163) [S1554 Detail]
Download: Florida-2015-S1554-Introduced.html
Florida Senate - 2015 SB 1554
By Senator Brandes
22-00811B-15 20151554__
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; deleting the requirement that the Secretary of
4 Transportation appoint an inspector general pursuant
5 to s. 20.055, F.S.; deleting the requirement that the
6 district director for the Fort Myers Urban Office of
7 the Department of Transportation be responsible for
8 developing the 5-year Transportation Plan and other
9 services for specified counties; amending s. 215.82,
10 F.S.; removing a cross-reference relating to actions
11 to validate bonds; amending s. 260.0144, F.S.;
12 providing that certain commercial sponsorship may be
13 displayed on state greenway and trail facilities not
14 included within the Florida Shared-Use Nonmotorized
15 Trail Network; deleting provisions relating to the
16 authorization of sponsored state greenways and trails
17 at specified facilities or property; amending s.
18 311.07, F.S.; increasing the minimum amount per year
19 that shall be made available from the State
20 Transportation Fund to fund the Florida Seaport
21 Transportation and Economic Development Program;
22 amending s. 311.09, F.S.; increasing the amount per
23 year the department shall include in its annual
24 legislative budget request for the Florida Seaport
25 Transportation and Economic Development Program;
26 amending s. 316.003, F.S.; redefining the terms
27 “crosswalk” and “sidewalk”; defining the term “port
28 of-entry”; amending s. 316.130, F.S.; revising traffic
29 regulations relating to pedestrians crossing roadways;
30 amending s. 316.545, F.S.; providing a specified
31 penalty for commercial motor vehicles that obtain
32 temporary registration permits entering the state at,
33 or operating on designated routes to, a port-of-entry
34 location; amending s. 333.01, F.S.; defining terms;
35 redefining terms; amending s. 333.025, F.S.; revising
36 requirements relating to securing a permit for the
37 proposed construction or alteration of structures that
38 would exceed specified federal obstruction standards;
39 requiring such permits only within an airport hazard
40 area if the proposed construction is within a set
41 radius of a certain airport reference point; providing
42 that existing, planned, and proposed facilities at
43 public-use airports contained in certain plans or
44 documents will be protected from structures that
45 exceed federal obstruction standards; providing that a
46 permit is not required when political subdivisions
47 have adopted adequate airport protection zoning
48 regulations and have established a permitting process,
49 subject to certain requirements; providing for a
50 review period by the department to run concurrent with
51 such permitting process, subject to certain
52 requirements and exemptions; specifying certain
53 factors the department shall consider in determining
54 whether to issue or deny a permit; directing the
55 department to require an owner of a permitted
56 obstruction or vegetation to install, operate, and
57 maintain marking and lighting subject to certain
58 requirements; prohibiting a permit from being approved
59 solely on the basis that a proposed structure will not
60 exceed specified federal obstruction standards;
61 providing certain administrative review for the denial
62 of a permit; amending s. 333.03, F.S.; revising the
63 requirements relating to the adoption of airport
64 protection zoning regulations by certain political
65 subdivisions; revising the requirements of such
66 adopted airport protection zoning regulations;
67 providing that the department is available to assist
68 political subdivisions with regard to federal
69 obstruction standards; revising requirements relating
70 to airport land use compatibility zoning regulations
71 that address, at a minimum, landfill locations and
72 noise contours; requiring adoption of airport zoning
73 regulations that restrict substantial modifications to
74 existing incompatible uses within runway protection
75 zones; requiring that updates and amendments to local
76 airport zoning codes, rules, and regulations be filed
77 with the department within a certain time after
78 adoption; revising requirements relating to
79 educational structures or sites; providing that a
80 governing body operating a public-use airport may
81 establish more restrictive airport protection zoning
82 regulations for certain purposes; amending s. 333.04,
83 F.S.; revising provisions relating to comprehensive
84 plan or policy regulations, including airport
85 protection zoning regulations under certain
86 circumstances; amending s. 333.05, F.S.; revising
87 provisions relating to the procedure for adoption,
88 amendment, or deletion of airport zoning regulations;
89 revising provisions relating to airport zoning
90 commissions; amending s. 333.06, F.S.; revising
91 provisions relating to airport zoning requirements,
92 and airport master plans that are prepared by certain
93 public-use airports; repealing s. 333.065, F.S.,
94 relating to guidelines regarding land use near
95 airports; amending s. 333.07, F.S.; revising
96 provisions relating to permits for use of structures
97 or vegetation in violation of airport protection
98 zoning regulations; specifying factors a political
99 subdivision or its administrative agency must consider
100 when determining whether to issue or deny a permit;
101 deleting provisions relating to applying for a
102 variance from zoning regulations; revising provisions
103 relating to obstruction marking and lighting
104 requirements when a political subdivision or its
105 administrative agency issues a permit; repealing s.
106 333.08, F.S., relating to appeals in regard to airport
107 zoning regulations; amending s. 333.09, F.S.;
108 requiring all airport zoning regulations to provide
109 for the administration and enforcement of such
110 regulations by the affected political subdivisions or
111 an administrative agency created by the subdivisions;
112 requiring a political subdivision that must adopt
113 airport zoning regulations to provide a permitting
114 process subject to certain requirements and
115 exceptions; providing for an appeals process for
116 decisions in the administration of airport zoning
117 regulations, subject to certain requirements;
118 repealing s. 333.10, F.S., relating to boards of
119 adjustment provided for by all airport zoning
120 regulations; amending s. 333.11, F.S.; revising
121 provisions relating to judicial review for decisions
122 made by any governing body of a political subdivision,
123 joint airport zoning board, or administrative agency;
124 requiring the appellant to exhaust all its remedies
125 through application for local government permits,
126 exceptions, and appeals before judicial appeal is
127 permitted; amending s. 333.12, F.S.; revising
128 provisions relating to the acquisition of air rights;
129 providing that a certain political subdivision may
130 acquire air right, avigation easement, other estate,
131 or interest in a nonconforming structure or use that
132 presents an air hazard and cannot be removed, lowered,
133 or otherwise terminated, subject to certain
134 requirements; creating s. 333.135, F.S.; requiring
135 that certain airport zoning regulations be amended to
136 conform by a certain date; requiring certain political
137 subdivisions to adopt airport zoning regulations for
138 an airport hazard area by a certain date; directing
139 the department to administer the permitting process
140 for local governments that have not adopted airport
141 protection zoning regulations; repealing s. 333.14,
142 F.S., relating to a short title; amending s. 334.03,
143 F.S.; redefining the term “511” or “511 services”;
144 deleting the term “interactive voice response”;
145 amending s. 334.044, F.S.; removing the provision of
146 interactive voice response telephone systems
147 accessible via the 511 number that may be included in
148 traveler information systems; amending s. 334.60,
149 F.S.; revising provisions relating to the 511 traveler
150 information system; amending s. 335.065, F.S.;
151 deleting provisions relating to certain commercial
152 sponsorship displays on multiuse trails and related
153 facilities; deleting provisions relating to funding a
154 statewide system of interconnected multiuse trails;
155 creating s. 335.21, F.S.; requiring the governing body
156 of any independent special district created to
157 regulate the operation of public vehicles on public
158 highways to consist of a certain number of members;
159 providing appointment requirements for such members;
160 amending s. 338.165, F.S.; removing an option to issue
161 certain bonds secured by toll revenues collected on
162 the Beeline East Expressway and the Navarre Bridge;
163 amending s. 338.227, F.S.; providing that bonds issued
164 are not required to be validated pursuant to ch. 75,
165 F.S., but may be validated at the option of the
166 Division of Bond Finance; providing filing, notice,
167 and service requirements relating to complaints for
168 such validation; amending s. 338.231, F.S.; increasing
169 the number of years before an inactive prepaid toll
170 account shall be presumed unclaimed; creating s.
171 339.81, F.S.; creating the Florida Shared-Use
172 Nonmotorized Trail Network; specifying the
173 composition, purpose, and requirements of the network;
174 authorizing the department certain powers related to
175 planning, development, operation, and maintenance of
176 the network; creating s. 339.82, F.S.; directing the
177 department to develop a Shared-Use Nonmotorized Trail
178 Network Plan, subject to certain requirements;
179 creating s. 339.83, F.S.; creating a trail sponsorship
180 program, subject to certain requirements and
181 restrictions; directing the Office of Economic and
182 Demographic Research to evaluate and determine the
183 economic benefits of the state’s investment in the
184 Department of Transportation’s adopted work program
185 for a certain timeframe, subject to certain
186 requirements; directing the Department of
187 Transportation and each of its district offices to
188 provide the Office of Economic and Demographic
189 Research full access to certain data; requiring the
190 Office of Economic and Demographic Research to submit
191 the analysis to the Legislature by a certain date;
192 reenacting s. 350.81(6), F.S., relating to the
193 definition of the term “airport layout plan,” to
194 incorporate the amendment made to s. 333.01, F.S., in
195 a reference thereto; providing an effective date.
196
197 Be It Enacted by the Legislature of the State of Florida:
198
199 Section 1. Paragraph (d) of subsection (3) and paragraph
200 (d) of subsection (4) of section 20.23, Florida Statutes, are
201 amended to read:
202 20.23 Department of Transportation.—There is created a
203 Department of Transportation which shall be a decentralized
204 agency.
205 (3)
206 (d) The secretary shall appoint an inspector general
207 pursuant to s. 20.055 who shall be directly responsible to the
208 secretary and shall serve at the pleasure of the secretary.
209 (4)
210 (d) The district director for the Fort Myers Urban Office
211 of the Department of Transportation is responsible for
212 developing the 5-year Transportation Plan for Charlotte,
213 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
214 Myers Urban Office also is responsible for providing policy,
215 direction, local government coordination, and planning for those
216 counties.
217 Section 2. Subsection (2) of section 215.82, Florida
218 Statutes, is amended to read:
219 215.82 Validation; when required.—
220 (2) Any bonds issued pursuant to this act which are
221 validated shall be validated in the manner provided by chapter
222 75. In actions to validate bonds to be issued in the name of the
223 State Board of Education under s. 9(a) and (d), Art. XII of the
224 State Constitution and bonds to be issued pursuant to chapter
225 259, the Land Conservation Act of 1972, the complaint shall be
226 filed in the circuit court of the county where the seat of state
227 government is situated, the notice required to be published by
228 s. 75.06 shall be published only in the county where the
229 complaint is filed, and the complaint and order of the circuit
230 court shall be served only on the state attorney of the circuit
231 in which the action is pending. In any action to validate bonds
232 issued pursuant to s. 1010.62 or issued pursuant to s. 9(a)(1),
233 Art. XII of the State Constitution or issued pursuant to s.
234 215.605 or s. 338.227, the complaint shall be filed in the
235 circuit court of the county where the seat of state government
236 is situated, the notice required to be published by s. 75.06
237 shall be published in a newspaper of general circulation in the
238 county where the complaint is filed and in two other newspapers
239 of general circulation in the state, and the complaint and order
240 of the circuit court shall be served only on the state attorney
241 of the circuit in which the action is pending; provided,
242 however, that if publication of notice pursuant to this section
243 would require publication in more newspapers than would
244 publication pursuant to s. 75.06, such publication shall be made
245 pursuant to s. 75.06.
246 Section 3. Section 260.0144, Florida Statutes, is amended
247 to read:
248 260.0144 Sponsorship of state greenways and trails.—The
249 department may enter into a concession agreement with a not-for
250 profit entity or private sector business or entity for
251 commercial sponsorship to be displayed on state greenway and
252 trail facilities not included within the Florida Shared-Use
253 Nonmotorized Trail Network established in chapter 339 or
254 property specified in this section. The department may establish
255 the cost for entering into a concession agreement.
256 (1) A concession agreement shall be administered by the
257 department and must include the requirements found in this
258 section.
259 (2)(a) Space for a commercial sponsorship display may be
260 provided through a concession agreement on certain state-owned
261 greenway or trail facilities or property.
262 (b) Signage or displays erected under this section shall
263 comply with the provisions of s. 337.407 and chapter 479, and
264 shall be limited as follows:
265 1. One large sign or display, not to exceed 16 square feet
266 in area, may be located at each trailhead or parking area.
267 2. One small sign or display, not to exceed 4 square feet
268 in area, may be located at each designated trail public access
269 point.
270 (c) Before installation, each name or sponsorship display
271 must be approved by the department.
272 (d) The department shall ensure that the size, color,
273 materials, construction, and location of all signs are
274 consistent with the management plan for the property and the
275 standards of the department, do not intrude on natural and
276 historic settings, and contain only a logo selected by the
277 sponsor and the following sponsorship wording:
278
279 ...(Name of the sponsor)... proudly sponsors the costs
280 of maintaining the ...(Name of the greenway or
281 trail)....
282
283 (e) Sponsored state greenways and trails are authorized at
284 the following facilities or property:
285 1. Florida Keys Overseas Heritage Trail.
286 2. Blackwater Heritage Trail.
287 3. Tallahassee-St. Marks Historic Railroad State Trail.
288 4. Nature Coast State Trail.
289 5. Withlacoochee State Trail.
290 6. General James A. Van Fleet State Trail.
291 7. Palatka-Lake Butler State Trail.
292 (e)(f) The department may enter into commercial sponsorship
293 agreements for other state greenways or trails as authorized in
294 this section. A qualified entity that desires to enter into a
295 commercial sponsorship agreement shall apply to the department
296 on forms adopted by department rule.
297 (f)(g) All costs of a display, including development,
298 construction, installation, operation, maintenance, and removal
299 costs, shall be paid by the concessionaire.
300 (3) A concession agreement shall be for a minimum of 1
301 year, but may be for a longer period under a multiyear
302 agreement, and may be terminated for just cause by the
303 department upon 60 days’ advance notice. Just cause for
304 termination of a concession agreement includes, but is not
305 limited to, violation of the terms of the concession agreement
306 or any provision of this section.
307 (4) Commercial sponsorship pursuant to a concession
308 agreement is for public relations or advertising purposes of the
309 not-for-profit entity or private sector business or entity, and
310 may not be construed by that not-for-profit entity or private
311 sector business or entity as having a relationship to any other
312 actions of the department.
313 (5) This section does not create a proprietary or
314 compensable interest in any sign, display site, or location.
315 (6) Proceeds from concession agreements shall be
316 distributed as follows:
317 (a) Eighty-five percent shall be deposited into the
318 appropriate department trust fund that is the source of funding
319 for management and operation of state greenway and trail
320 facilities and properties.
321 (b) Fifteen percent shall be deposited into the State
322 Transportation Trust Fund for use in the Traffic and Bicycle
323 Safety Education Program and the Safe Paths to School Program
324 administered by the Department of Transportation.
325 (7) The department may adopt rules to administer this
326 section.
327 Section 4. Subsection (2) of section 311.07, Florida
328 Statutes, is amended to read:
329 311.07 Florida seaport transportation and economic
330 development funding.—
331 (2) A minimum of $25 $15 million per year shall be made
332 available from the State Transportation Trust Fund to fund the
333 Florida Seaport Transportation and Economic Development Program.
334 The Florida Seaport Transportation and Economic Development
335 Council created in s. 311.09 shall develop guidelines for
336 project funding. Council staff, the Department of
337 Transportation, and the Department of Economic Opportunity shall
338 work in cooperation to review projects and allocate funds in
339 accordance with the schedule required for the Department of
340 Transportation to include these projects in the tentative work
341 program developed pursuant to s. 339.135(4).
342 Section 5. Subsection (9) of section 311.09, Florida
343 Statutes, is amended to read:
344 311.09 Florida Seaport Transportation and Economic
345 Development Council.—
346 (9) The Department of Transportation shall include at least
347 $25 no less than $15 million per year in its annual legislative
348 budget request for the Florida Seaport Transportation and
349 Economic Development Program funded under s. 311.07. Such budget
350 shall include funding for projects approved by the council which
351 have been determined by each agency to be consistent. The
352 department shall include the specific approved Florida Seaport
353 Transportation and Economic Development Program projects to be
354 funded under s. 311.07 during the ensuing fiscal year in the
355 tentative work program developed pursuant to s. 339.135(4). The
356 total amount of funding to be allocated to Florida Seaport
357 Transportation and Economic Development Program projects under
358 s. 311.07 during the successive 4 fiscal years shall also be
359 included in the tentative work program developed pursuant to s.
360 339.135(4). The council may submit to the department a list of
361 approved projects that could be made production-ready within the
362 next 2 years. The list shall be submitted by the department as
363 part of the needs and project list prepared pursuant to s.
364 339.135(2)(b). However, the department shall, upon written
365 request of the Florida Seaport Transportation and Economic
366 Development Council, submit work program amendments pursuant to
367 s. 339.135(7) to the Governor within 10 days after the later of
368 the date the request is received by the department or the
369 effective date of the amendment, termination, or closure of the
370 applicable funding agreement between the department and the
371 affected seaport, as required to release the funds from the
372 existing commitment. Notwithstanding s. 339.135(7)(c), any work
373 program amendment to transfer prior year funds from one approved
374 seaport project to another seaport project is subject to the
375 procedures in s. 339.135(7)(d). Notwithstanding any provision of
376 law to the contrary, the department may transfer unexpended
377 budget between the seaport projects as identified in the
378 approved work program amendments.
379 Section 6. Subsections (6) and (47) of section 316.003,
380 Florida Statutes, are amended, and subsection (94) is added to
381 that section, to read:
382 316.003 Definitions.—The following words and phrases, when
383 used in this chapter, shall have the meanings respectively
384 ascribed to them in this section, except where the context
385 otherwise requires:
386 (6) CROSSWALK.—
387 (a) Unmarked crosswalk.—An unmarked part of the roadway at
388 an intersection used by pedestrians for crossing the roadway
389 That part of a roadway at an intersection included within the
390 connections of the lateral lines of the sidewalks on opposite
391 sides of the highway, measured from the curbs or, in the absence
392 of curbs, from the edges of the traversable roadway.
393 (b) Marked crosswalks.—Pavement marking lines on the
394 roadway surface, which may include contrasting pavement texture,
395 style, or colored portions of the roadway at an intersection
396 used by pedestrians for crossing the roadway Any portion of a
397 roadway at an intersection or elsewhere distinctly indicated for
398 pedestrian crossing by lines or other markings on the surface.
399 (c) Midblock crosswalk.—A location between intersections
400 where the roadway surface is marked by pavement marking lines on
401 the roadway surface, which may include contrasting pavement
402 texture, style or colored portion of the roadway at a signalized
403 or unsignalized crosswalk used for pedestrian roadway crossings
404 and may include a pedestrian refuge island.
405 (47) SIDEWALK.—That portion of a street between the
406 curbline, or the lateral line, of a roadway and the adjacent
407 property lines, intended for use by pedestrians, adjacent to the
408 roadway between the curb or edge of the roadway and the property
409 line.
410 (94) PORT-OF-ENTRY.—A designated location that allows
411 drivers of commercial motor vehicles to purchase temporary
412 registration permits necessary to operate legally within the
413 state. The locations and the designated routes to such locations
414 shall be determined by the Department of Transportation.
415 Section 7. Paragraphs (b) and (c) of subsection (7) of
416 section 316.130, Florida Statutes, are amended to read:
417 316.130 Pedestrians; traffic regulations.—
418 (7)
419 (b) The driver of a vehicle at any crosswalk location where
420 the approach is not controlled by a traffic signal or stop sign
421 must signage so indicates shall stop and remain stopped to allow
422 a pedestrian to cross a roadway when the pedestrian is in the
423 crosswalk or steps into the crosswalk and is upon the half of
424 the roadway upon which the vehicle is traveling or turning, or
425 when the pedestrian is approaching so closely from the opposite
426 half of the roadway as to be in danger. Any pedestrian crossing
427 a roadway at a point where a pedestrian tunnel or overhead
428 pedestrian crossing has been provided must yield the right-of
429 way to all vehicles upon the roadway.
430 (c) When traffic control signals are not in place or in
431 operation and there is no signage indicating otherwise, the
432 driver of a vehicle shall yield the right-of-way, slowing down
433 or stopping if need be to so yield, to a pedestrian crossing the
434 roadway within a crosswalk when the pedestrian is upon the half
435 of the roadway upon which the vehicle is traveling or when the
436 pedestrian is approaching so closely from the opposite half of
437 the roadway as to be in danger. Any pedestrian crossing a
438 roadway at a point where a pedestrian tunnel or overhead
439 pedestrian crossing has been provided shall yield the right-of
440 way to all vehicles upon the roadway.
441 Section 8. Paragraph (b) of subsection (2) of section
442 316.545, Florida Statutes, is amended to read:
443 316.545 Weight and load unlawful; special fuel and motor
444 fuel tax enforcement; inspection; penalty; review.—
445 (2)
446 (b) The officer or inspector shall inspect the license
447 plate or registration certificate of the commercial vehicle, as
448 defined in s. 316.003(66), to determine if its gross weight is
449 in compliance with the declared gross vehicle weight. If its
450 gross weight exceeds the declared weight, the penalty shall be 5
451 cents per pound on the difference between such weights. In those
452 cases when the commercial vehicle, as defined in s. 316.003(66),
453 is being operated over the highways of the state with an expired
454 registration or with no registration from this or any other
455 jurisdiction or is not registered under the applicable
456 provisions of chapter 320, the penalty herein shall apply on the
457 basis of 5 cents per pound on that scaled weight which exceeds
458 35,000 pounds on laden truck tractor-semitrailer combinations or
459 tandem trailer truck combinations, 10,000 pounds on laden
460 straight trucks or straight truck-trailer combinations, or
461 10,000 pounds on any unladen commercial motor vehicle. A
462 commercial motor vehicle entering the state at a designated
463 port-of-entry location, as defined in s. 316.003(94), or
464 operating on designated routes to a port-of-entry location,
465 which obtains a temporary registration permit shall be assessed
466 a penalty limited to the difference between its gross weight and
467 the declared gross vehicle weight at 5 cents per pound. If the
468 license plate or registration has not been expired for more than
469 90 days, the penalty imposed under this paragraph may not exceed
470 $1,000. In the case of special mobile equipment as defined in s.
471 316.003(48), which qualifies for the license tax provided for in
472 s. 320.08(5)(b), being operated on the highways of the state
473 with an expired registration or otherwise not properly
474 registered under the applicable provisions of chapter 320, a
475 penalty of $75 shall apply in addition to any other penalty
476 which may apply in accordance with this chapter. A vehicle found
477 in violation of this section may be detained until the owner or
478 operator produces evidence that the vehicle has been properly
479 registered. Any costs incurred by the retention of the vehicle
480 shall be the sole responsibility of the owner. A person who has
481 been assessed a penalty pursuant to this paragraph for failure
482 to have a valid vehicle registration certificate pursuant to the
483 provisions of chapter 320 is not subject to the delinquent fee
484 authorized in s. 320.07 if such person obtains a valid
485 registration certificate within 10 working days after such
486 penalty was assessed.
487 Section 9. Section 333.01, Florida Statutes, is amended to
488 read:
489 333.01 Definitions.—For the purpose of this chapter, the
490 following words, terms, and phrases shall have the following
491 meanings herein given, unless otherwise specifically defined, or
492 unless another intention clearly appears, or the context
493 otherwise requires:
494 (1) “Aeronautical study” means a Federal Aviation
495 Administration review conducted pursuant to 14 C.F.R. part 77,
496 concerning the effect of proposed construction or alteration on
497 the use of air navigation facilities or navigable airspace by
498 aircraft. “Aeronautics” means transportation by aircraft; the
499 operation, construction, repair, or maintenance of aircraft,
500 aircraft power plants and accessories, including the repair,
501 packing, and maintenance of parachutes; the design,
502 establishment, construction, extension, operation, improvement,
503 repair, or maintenance of airports, restricted landing areas, or
504 other air navigation facilities, and air instruction.
505 (2) “Airport” means any area of land or water designed and
506 set aside for the landing and taking off of aircraft and
507 utilized or to be utilized in the interest of the public for
508 such purpose.
509 (3) “Airport hazard” means any obstruction structure or
510 tree or use of land which exceeds would exceed the federal
511 obstruction standards as contained in 14 C.F.R. ss. 77.15,
512 77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and
513 77.29 and which obstructs the airspace required for the flight
514 of aircraft in taking off, maneuvering, or landing; or is
515 otherwise hazardous to such taking off, maneuvering, or landing
516 of aircraft and for which no person has previously obtained a
517 permit or variance pursuant to s. 333.025 or s. 333.07.
518 (4) “Airport hazard area” means any area of land or water
519 upon which an airport hazard might be established if not
520 prevented as provided in this chapter.
521 (5) “Airport land use compatibility zoning” means airport
522 zoning regulations regulating restricting the use of land
523 adjacent to or in the immediate vicinity of airports in the
524 manner provided enumerated in s. 333.03(2) to activities and (3)
525 purposes compatible with the continuation of normal airport
526 operations including landing and takeoff of aircraft in order to
527 promote public health, safety, and general welfare.
528 (6) “Airport layout plan” means a scaled detailed, scale
529 engineering drawing or set of drawings in either paper or
530 electronic form of the existing, including pertinent dimensions,
531 of an airport’s current and planned airport facilities which
532 provides a graphic representation of the existing and long-term
533 development plan for the airport and demonstrates the
534 preservation and continuity of safety, utility, and efficiency
535 of the airport, their locations, and runway usage.
536 (7) “Airport master plan” means a comprehensive plan for an
537 airport that describes the immediate and long-term development
538 plans to meet future aviation demand.
539 (8) “Department” means the Department of Transportation as
540 created by s. 20.23.
541 (9) “Educational facility” means any structure, land, or
542 use thereof that includes a public or private kindergarten
543 through 12th grade school, charter school, magnet school, state
544 college campus, or university campus. Space used for educational
545 purposes within a multitenant building may not be treated as an
546 educational facility for the purpose of this chapter.
547 (10) “Landfill” means the same as the term is defined in s.
548 403.703.
549 (11)(7) “Obstruction” means any object of natural growth,
550 terrain, or permanent or temporary construction or alteration,
551 including equipment or materials used and any permanent or
552 temporary apparatus, or alteration of any permanent or temporary
553 existing structure by a change in its height, including
554 appurtenances, or lateral dimensions, including equipment or
555 material used therein, existing or proposed, which exceeds
556 manmade object or object of natural growth or terrain that
557 violates the standards contained in 14 C.F.R. ss. 77.15, 77.17,
558 77.19, 77.21, and 77.23 77.21, 77.23, 77.25, 77.28, and 77.29.
559 (12)(8) “Person” means any individual, firm, copartnership,
560 corporation, company, association, joint-stock association, or
561 body politic, and includes any trustee, receiver, assignee, or
562 other similar representative thereof.
563 (13)(9) “Political subdivision” means the local government
564 of any county, city, town, village, or other subdivision or
565 agency thereof, or any district or special district, port
566 commission, port authority, or other such agency authorized to
567 establish or operate airports in the state.
568 (14) “Public-use airport” means an airport, publicly or
569 privately owned, which is open for use by the public.
570 (15)(10) “Runway protection clear zone” or “RPZ” means an
571 area at ground level beyond the a runway end intended to enhance
572 the safety and protection of people and property on the ground
573 clear zone as defined in 14 C.F.R. s. 151.9(b).
574 (16)(11) “Structure” means any object, constructed,
575 erected, altered, or installed by humans, including, but without
576 limitation thereof, buildings, towers, smokestacks, utility
577 poles, power generation equipment, and overhead transmission
578 lines.
579 (17) “Substantial modification” means any repair,
580 reconstruction, rehabilitation, or improvement of a structure
581 when the actual cost of the repair, reconstruction,
582 rehabilitation, or improvement of the structure equals or
583 exceeds 50 percent of the market value of the structure.
584 (12) “Tree” includes any plant of the vegetable kingdom.
585 Section 10. Section 333.025, Florida Statutes, is amended
586 to read:
587 333.025 Permit required for structures exceeding federal
588 obstruction standards.—
589 (1) A person proposing the construction or alteration In
590 order to prevent the erection of structures hazardous dangerous
591 to air navigation, subject to the provisions of subsections (2),
592 (3), and (4), must each person shall secure from the department
593 of Transportation a permit for the proposed construction or
594 erection, alteration, or modification of any structure the
595 result of which would exceed the federal obstruction standards
596 as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
597 77.23 77.21, 77.23, 77.25, 77.28, and 77.29. However, permits
598 from the department of Transportation will be required only
599 within an airport hazard area where federal obstruction
600 standards are exceeded and if the proposed construction is
601 within a 10-nautical-mile radius of the airport reference point,
602 located at the approximate geometric geographical center of all
603 useable runways of public-use airports or a publicly owned or
604 operated airport, a military airport, or an airport licensed by
605 the state for public use.
606 (2) Existing, planned, and proposed Affected airports will
607 be considered as having those facilities at public-use airports
608 contained in an which are shown on the airport master plan, on
609 or an airport layout plan submitted to the Federal Aviation
610 Administration Airport District Office, or in comparable
611 military documents, and will be so protected from structures
612 that exceed federal obstruction standards. Planned or proposed
613 public-use airports which are the subject of a notice or
614 proposal submitted to the Federal Aviation Administration or to
615 the Department of Transportation shall also be protected.
616 (3) Permit requirements of subsection (1) do shall not
617 apply to structures projects which received construction permits
618 from the Federal Communications Commission for structures
619 exceeding federal obstruction standards prior to May 20, 1975,
620 provided such structures now exist; nor does subsection (1)
621 shall it apply to previously approved structures now existing,
622 or any necessary replacement or repairs to such existing
623 structures, so long as the height and location is unchanged.
624 (4) When political subdivisions have adopted adequate
625 airport airspace protection zoning regulations in compliance
626 with s. 333.03, and such regulations are on file with the
627 department of Transportation, and have established a permitting
628 process in compliance with s. 333.09(2), a permit for such
629 structure shall not be required from the department of
630 Transportation. To evaluate technical consistency with this
631 section, there is a 15-day department review period concurrent
632 with the permitting process prescribed by s. 333.09. Upon
633 receipt of a complete permit application, the local government
634 shall forward to the department’s Aviation and Spaceports Office
635 by certified mail, return receipt requested, or by delivery
636 service that provides a receipt evidencing delivery, a copy of
637 the application. Cranes, construction equipment, and other
638 temporary structures, in use or in place for a period not to
639 exceed 18 consecutive months, are exempt from this requirement,
640 unless requested by the department’s Aviation and Spaceports
641 Office.
642 (5) The department of Transportation shall, within 30 days
643 of the receipt of an application for a permit, issue or deny a
644 permit for the construction or erection, alteration, or
645 modification of any structure the result of which would exceed
646 federal obstruction standards as contained in 14 C.F.R. ss.
647 77.15, 77.17, 77.19, 77.21, and 77.23 77.21, 77.23, 77.25,
648 77.28, and 77.29. The department shall review permit
649 applications in conformity with s. 120.60.
650 (6) In determining whether to issue or deny a permit, the
651 department shall consider:
652 (a) The safety of persons on the ground and in the air The
653 nature of the terrain and height of existing structures.
654 (b) The safe and efficient use of navigable airspace Public
655 and private interests and investments.
656 (c) The nature of the terrain and height of existing
657 structures The character of flying operations and planned
658 developments of airports.
659 (d) Whether the construction of the proposed structure
660 would impact the state licensing standards for a public-use
661 airport, contained in chapter 330 and chapter 14-60, Florida
662 Administrative Code Federal airways as designated by the Federal
663 Aviation Administration.
664 (e) The character of existing and planned flight operations
665 and developments at public-use airports Whether the construction
666 of the proposed structure would cause an increase in the minimum
667 descent altitude or the decision height at the affected airport.
668 (f) Federal airways; visual flight rules, flyways and
669 corridors; and instrument approaches as designated by the
670 Federal Aviation Administration Technological advances.
671 (g) Whether the construction of the proposed structure
672 would cause an increase in the minimum descent altitude or the
673 decision height at the affected airport The safety of persons on
674 the ground and in the air.
675 (h) The cumulative effects on navigable airspace of all
676 existing structures and all other known and proposed structures
677 in the area Land use density.
678 (i) The safe and efficient use of navigable airspace.
679 (j) The cumulative effects on navigable airspace of all
680 existing structures, proposed structures identified in the
681 applicable jurisdictions’ comprehensive plans, and all other
682 known proposed structures in the area.
683 (7) When issuing a permit under this section, the
684 department of Transportation shall, as a specific condition of
685 such permit, require the owner obstruction marking and lighting
686 of the permitted obstruction or vegetation to install, operate,
687 and maintain thereon, at his or her own expense, marking and
688 lighting in conformance with the specific standards established
689 by the Federal Aviation Administration structure as provided in
690 s. 333.07(3)(b).
691 (8) The department may of Transportation shall not approve
692 a permit for the erection of a structure unless the applicant
693 submits both documentation showing compliance with the federal
694 requirement for notification of proposed construction and a
695 valid aeronautical study evaluation, and no permit shall be
696 approved solely on the basis that such proposed structure will
697 not exceed federal obstruction standards as contained in 14
698 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, or 77.23 77.21, 77.23,
699 77.25, 77.28, or 77.29, or any other federal aviation
700 regulation.
701 (9) The denial of a permit under this section is subject to
702 the administrative review provisions of chapter 120.
703 Section 11. Section 333.03, Florida Statutes, is amended to
704 read:
705 333.03 Requirement Power to adopt airport zoning
706 regulations.—
707 (1)(a) Every In order to prevent the creation or
708 establishment of airport hazards, every political subdivision
709 having an airport hazard area within its territorial limits
710 shall, by October 1, 1977, adopt, administer, and enforce, under
711 the police power and in the manner and upon the conditions
712 hereinafter prescribed in this section, airport protection
713 zoning regulations for such airport hazards hazard area.
714 (b) Where an airport is owned or controlled by a political
715 subdivision and an any airport hazard area appertaining to such
716 airport is located wholly or partly outside the territorial
717 limits of the said political subdivision, the political
718 subdivision owning or controlling the airport and any the
719 political subdivision within which the airport hazard area is
720 located, must shall either:
721 1. By interlocal agreement, in accordance with the
722 provisions of chapter 163, adopt, administer, and enforce a set
723 of airport protection zoning regulations applicable to the
724 airport hazard area in question; or
725 2. By ordinance, regulation, or resolution duly adopted,
726 create a joint airport zoning board, which must board shall have
727 the same power to adopt, administer, and enforce a set of
728 airport protection zoning regulations applicable to the airport
729 hazard area in each question as that vested in paragraph (a) in
730 the political subdivision in within which the airport hazard
731 such area is located. Each such joint airport zoning board shall
732 have as members two representatives appointed by each
733 participating political subdivision participating in its
734 creation and, in addition, a chair elected by a majority of the
735 members so appointed. The However, the airport manager or
736 representative of each airport in managers of the affected
737 participating political subdivisions shall serve on the board in
738 a nonvoting capacity.
739 (c) Airport protection zoning regulations adopted under
740 paragraph (a) must shall, at as a minimum, require:
741 1. A permit variance for the erection, construction, or
742 alteration, or modification of any structure that which would
743 cause the structure to exceed the federal obstruction standards
744 as contained in 14 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and
745 77.23. 77.21, 77.23, 77.25, 77.28, and 77.29;
746 2. Obstruction marking and lighting for structures
747 exceeding the federal obstruction standards as contained in 14
748 C.F.R. ss. 77.15, 77.17, 77.19, 77.21, and 77.23, as specified
749 in s. 333.07(3).;
750 3. Documentation showing compliance with the federal
751 requirement for notification of proposed construction or
752 alteration and a valid aeronautical study evaluation submitted
753 by each person applying for a permit. variance;
754 4. Consideration of the criteria in s. 333.025(6), when
755 determining whether to issue or deny a permit. variance; and
756 5. That a permit may not no variance shall be approved
757 solely on the basis that the such proposed structure will not
758 exceed federal obstruction standards as contained in 14 C.F.R.
759 ss. 77.15, 77.17, 77.19, 77.21, or 77.23 77.21, 77.23, 77.25,
760 77.28, or 77.29, or any other federal aviation regulation.
761 (d) The department is available to provide assistance to
762 political subdivisions with regard to federal obstruction
763 standards shall issue copies of the federal obstruction
764 standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25,
765 77.28, and 77.29 to each political subdivision having airport
766 hazard areas and, in cooperation with political subdivisions,
767 shall issue appropriate airport zoning maps depicting within
768 each county the maximum allowable height of any structure or
769 tree. Material distributed pursuant to this subsection shall be
770 at no cost to authorized recipients.
771 (2) In the manner provided in subsection (1), interim
772 airport land use compatibility zoning regulations must shall be
773 adopted, administered, and enforced. Airport land-use
774 compatibility zoning When political subdivisions have adopted
775 land development regulations must, at a minimum, in accordance
776 with the provisions of chapter 163 which address the use of land
777 in the manner consistent with the provisions herein, adoption of
778 airport land use compatibility regulations pursuant to this
779 subsection shall not be required. Interim airport land use
780 compatibility zoning regulations shall consider the following:
781 (a) Prohibiting any new and restricting any existing
782 Whether sanitary landfills are located within the following
783 areas:
784 1. Within 10,000 feet from the nearest point of any runway
785 used or planned to be used by turbine turbojet or turboprop
786 aircraft.
787 2. Within 5,000 feet from the nearest point of any runway
788 used only by nonturbine piston-type aircraft.
789 3. Outside the perimeters defined in subparagraphs 1. and
790 2., but still within the lateral limits of the civil airport
791 imaginary surfaces defined in 14 C.F.R. part 77.19 77.25. Case
792 by-case review of such landfills is advised.
793 (b) Where Whether any landfill is located and constructed
794 so that it attracts or sustains hazardous bird movements from
795 feeding, water, or roosting areas into, or across, the runways
796 or approach and departure patterns of aircraft,. The political
797 subdivision shall request from the airport authority or other
798 governing body operating the airport a report on such bird
799 feeding or roosting areas that at the time of the request are
800 known to the airport. In preparing its report, the authority, or
801 other governing body, shall consider whether the landfill
802 operator will be required to incorporate bird management
803 techniques or other practices to minimize bird hazards to
804 airborne aircraft. The airport authority or other governing body
805 shall respond to the political subdivision no later than 30 days
806 after receipt of such request.
807 (c) Where an airport authority or other governing body
808 operating a publicly owned, public-use airport has conducted a
809 noise study in accordance with the provisions of 14 C.F.R. part
810 150, or where the public-use airport owner has established noise
811 contours pursuant to another public study approved by the
812 Federal Aviation Administration, incompatible uses, as
813 established in 14 C.F.R. part 150, appendix A noise study, or as
814 a part of an alternative FAA-approved public study, may not be
815 permitted within the noise contours established by that study,
816 except where such use is specifically contemplated by such study
817 with appropriate mitigation or similar techniques described in
818 the study neither residential construction nor any educational
819 facility as defined in chapter 1013, with the exception of
820 aviation school facilities, shall be permitted within the area
821 contiguous to the airport defined by an outer noise contour that
822 is considered incompatible with that type of construction by 14
823 C.F.R. part 150, Appendix A or an equivalent noise level as
824 established by other types of noise studies.
825 (d) Where an airport authority or other governing body
826 operating a publicly owned, public-use airport has not conducted
827 a noise study, neither residential construction nor any
828 educational facility as defined in chapter 1013, with the
829 exception of aviation school facilities, shall be permitted
830 within an area contiguous to the airport measuring one-half the
831 length of the longest runway on either side of and at the end of
832 each runway centerline.
833 (3) In the manner provided in subsection (1), airport
834 zoning regulations shall be adopted which restrict new
835 incompatible uses, activities, or substantial modifications to
836 existing incompatible uses construction within runway protection
837 clear zones shall be adopted , including uses, activities, or
838 construction in runway clear zones which are incompatible with
839 normal airport operations or endanger public health, safety, and
840 welfare by resulting in congregations of people, emissions of
841 light or smoke, or attraction of birds. Such regulations shall
842 prohibit the construction of an educational facility of a public
843 or private school at either end of a runway of a publicly owned,
844 public-use airport within an area which extends 5 miles in a
845 direct line along the centerline of the runway, and which has a
846 width measuring one-half the length of the runway. Exceptions
847 approving construction of an educational facility within the
848 delineated area shall only be granted when the political
849 subdivision administering the zoning regulations makes specific
850 findings detailing how the public policy reasons for allowing
851 the construction outweigh health and safety concerns prohibiting
852 such a location.
853 (4) The procedures outlined in subsections (1), (2), and
854 (3) for the adoption of such regulations are supplemental to any
855 existing procedures utilized by political subdivisions in the
856 adoption of such regulations.
857 (4)(5) The department of Transportation shall provide
858 technical assistance to any political subdivision requesting
859 assistance in the preparation of an airport zoning regulation
860 code. A copy of all local airport zoning codes, rules, and
861 regulations, and amendments and proposed and granted permits
862 variances thereto, shall be filed with the department. All
863 updates and amendments to local airport zoning codes, rules, and
864 regulations must be filed with the department within 30 days
865 after adoption.
866 (5)(6) Nothing in Subsection (2) and or subsection (3) may
867 not shall be construed to require the removal, alteration, sound
868 conditioning, or other change, or to interfere with the
869 continued use or adjacent expansion of any educational structure
870 or site in existence on July 1, 1993, or be construed to
871 prohibit the construction of any new structure for which a site
872 has been determined as provided in former s. 235.19, as of July
873 1, 1993.
874 (6) This section may not preclude an airport authority,
875 local government, or other governing body operating a public-use
876 airport from establishing airport protection zoning regulations
877 more restrictive than herein prescribed in order to protect the
878 safety and welfare of the public in the air and on the ground.
879 Section 12. Section 333.04, Florida Statutes, is amended to
880 read:
881 333.04 Comprehensive zoning regulations; most stringent to
882 prevail where conflicts occur.—
883 (1) INCORPORATION.—In the event that a political
884 subdivision has adopted, or hereafter adopts, a comprehensive
885 plan or policy zoning ordinance regulating, among other things,
886 the height of buildings, structures, and natural objects, and
887 uses of property, any airport protection zoning regulations
888 applicable to the same area or portion thereof may be
889 incorporated in and made a part of such comprehensive plans or
890 policies zoning regulations, and be administered and enforced in
891 connection therewith.
892 (2) CONFLICT.—In the event of conflict between any airport
893 zoning regulations adopted under this chapter and any other
894 regulations applicable to the same area, whether the conflict be
895 with respect to the height of structures or vegetation trees,
896 the use of land, or any other matter, and whether such
897 regulations were adopted by the political subdivision which
898 adopted the airport protection zoning regulations or by some
899 other political subdivision, the more stringent limitation or
900 requirement shall govern and prevail.
901 Section 13. Section 333.05, Florida Statutes, is amended to
902 read:
903 333.05 Procedure for adoption of zoning regulations.—
904 (1) NOTICE AND HEARING.—No Airport zoning regulations may
905 not shall be adopted, amended, or deleted changed under this
906 chapter except by action of the legislative body of the
907 political subdivision or subdivisions affected in question, or
908 the joint board provided in s. 333.03(1)(b) by the political
909 subdivisions bodies therein provided and set forth, after a
910 public hearing in relation thereto, at which parties in interest
911 and citizens shall have an opportunity to be heard. Notice of
912 the hearing shall be published at least once a week for 2
913 consecutive weeks in an official paper, or a paper of general
914 circulation, in the political subdivision or subdivisions where
915 in which are located the airport zoning regulations are areas to
916 be adopted, amended, or deleted zoned.
917 (2) AIRPORT ZONING COMMISSION.—Prior to the initial zoning
918 of any airport area under this chapter the political subdivision
919 or joint airport zoning board which is to adopt, administer, and
920 enforce the regulations shall appoint a commission, to be known
921 as the airport zoning commission, to recommend the boundaries of
922 the various zones to be established and the regulations to be
923 adopted therefor. Such commission shall make a preliminary
924 report and hold public hearings thereon before submitting its
925 final report, and the legislative body of the political
926 subdivision or the joint airport zoning board shall not hold its
927 public hearings or take any action until it has received the
928 final report of such commission, and at least 15 days shall
929 elapse between the receipt of the final report of the commission
930 and the hearing to be held by the latter board. Where a planning
931 city plan commission, airport commission, or comprehensive
932 zoning commission already exists, it may be appointed as the
933 airport zoning commission.
934 Section 14. Section 333.06, Florida Statutes, is amended to
935 read:
936 333.06 Airport zoning requirements.—
937 (1) REASONABLENESS.—All airport zoning regulations adopted
938 under this chapter shall be reasonable and none shall not impose
939 any requirement or restriction which is not reasonably necessary
940 to effectuate the purposes of this chapter. In determining what
941 regulations it may adopt, each political subdivision and joint
942 airport zoning board shall consider, among other things, the
943 character of the flying operations expected to be conducted at
944 the airport, the nature of the terrain within the airport hazard
945 area and runway protection clear zones, the character of the
946 neighborhood, the uses to which the property to be zoned is put
947 and adaptable, and the impact of any new use, activity, or
948 construction on the airport’s operating capability and capacity.
949 (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport
950 zoning regulations adopted under this chapter is to provide both
951 airspace protection and land uses use compatible with airport
952 operations. Each aspect of this purpose requires independent
953 justification in order to promote the public interest in safety,
954 health, and general welfare. Specifically, construction in a
955 runway protection clear zone which does not exceed airspace
956 height restrictions is not conclusive evidence per se that such
957 use, activity, or construction is compatible with airport
958 operations.
959 (3) NONCONFORMING USES.—No airport protection zoning
960 regulations adopted under this chapter shall require the
961 removal, lowering, or other change or alteration of any
962 structure or vegetation tree not conforming to the regulations
963 when adopted or amended, or otherwise interfere with the
964 continuance of any nonconforming use, except as provided in s.
965 333.07(1) and (3).
966 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED
967 LOCAL GOVERNMENTS.—An airport master plan shall be prepared by
968 each public-use publicly owned and operated airport licensed by
969 the department of Transportation under chapter 330. The
970 authorized entity having responsibility for governing the
971 operation of the airport, when either requesting from or
972 submitting to a state or federal governmental agency with
973 funding or approval jurisdiction a “finding of no significant
974 impact,” an environmental assessment, a site-selection study, an
975 airport master plan, or any amendment to an airport master plan,
976 shall submit simultaneously a copy of said request, submittal,
977 assessment, study, plan, or amendments by certified mail to all
978 affected local governments. For the purposes of this subsection,
979 “affected local government” is defined as any city or county
980 having jurisdiction over the airport and any city or county
981 located within 2 miles of the boundaries of the land subject to
982 the airport master plan.
983 Section 15. Section 333.065, Florida Statutes, is repealed.
984 Section 16. Section 333.07, Florida Statutes, is amended to
985 read:
986 333.07 Local government permitting of airspace obstructions
987 Permits and variances.—
988 (1) PERMITS.—
989 (a) Any person proposing to erect, construct, or alter any
990 structure, increase the height of any structure, permit the
991 growth of any vegetation, or otherwise use his or her property
992 in violation of the airport protection zoning regulations
993 adopted under this chapter shall apply for a permit. A Any
994 airport zoning regulations adopted under this chapter may
995 require that a permit be obtained before any new structure or
996 use may be constructed or established and before any existing
997 use or structure may be substantially changed or substantially
998 altered or repaired. In any event, however, all such regulations
999 shall provide that before any nonconforming structure or tree
1000 may be replaced, substantially altered or repaired, rebuilt,
1001 allowed to grow higher, or replanted, a permit must be secured
1002 from the administrative agency authorized to administer and
1003 enforce the regulations, authorizing such replacement, change,
1004 or repair. No permit may not shall be issued granted that would
1005 allow the establishment or creation of an airport hazard or
1006 would permit a nonconforming structure or vegetation tree or
1007 nonconforming use to be made or become higher or to become a
1008 greater hazard to air navigation than it was when the applicable
1009 regulation was adopted or than it is when the application for a
1010 permit is made.
1011 (b) Whenever the political subdivision or its
1012 administrative agency determines that a nonconforming use or
1013 nonconforming structure or vegetation tree has been abandoned or
1014 is more than 80 percent torn down, destroyed, deteriorated, or
1015 decayed, a no permit may not shall be granted that would allow
1016 the said structure or vegetation tree to exceed the applicable
1017 height limit or otherwise deviate from the zoning regulations.;
1018 and, Whether an application is made for a permit under this
1019 subsection or not, the said agency may by appropriate action,
1020 compel the owner of the nonconforming structure or vegetation
1021 may be required tree, at his or her own expense, to lower,
1022 remove, reconstruct, alter, or equip such object as may be
1023 necessary to conform to the regulations. If the owner of the
1024 nonconforming structure or vegetation neglects or refuses tree
1025 shall neglect or refuse to comply with the such order for 10
1026 days after notice thereof, the said agency may report the
1027 violation to the political subdivision involved therein. The,
1028 which subdivision, through its appropriate agency, may proceed
1029 to have the object so lowered, removed, reconstructed, altered,
1030 or equipped, and assess the cost and expense thereof upon the
1031 object or the land where whereon it is or was located, and,
1032 unless such an assessment is paid within 90 days from the
1033 service of notice thereof on the owner or the owner’s agent, of
1034 such object or land, the sum shall be a lien on said land, and
1035 shall bear interest thereafter at the rate of 6 percent per
1036 annum until paid, and shall be collected in the same manner as
1037 taxes on real property are collected by said political
1038 subdivision, or, at the option of said political subdivision,
1039 said lien may be enforced in the manner provided for enforcement
1040 of liens by chapter 85.
1041 (c) Except as provided herein, applications for permits
1042 shall be granted, provided the matter applied for meets the
1043 provisions of this chapter and the regulations adopted and in
1044 force hereunder.
1045 (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In
1046 determining whether to issue or deny a permit, the political
1047 subdivision or its administrative agency must consider the
1048 impact of the following, as applicable:
1049 (a) The safety of persons on the ground and in the air.
1050 (b) The safe and efficient use of navigable airspace.
1051 (c) The nature of the terrain and height of existing
1052 structures.
1053 (d) The construction or alteration of the proposed
1054 structure on the state licensing standards for a public-use
1055 airport, contained in chapter 330 and chapter 14-60 of the
1056 Florida Administrative Code.
1057 (e) The character of existing and planned flight operations
1058 and developments at public-use airports.
1059 (f) Federal airways; visual flight rules, flyways and
1060 corridors; and instrument approaches as designated by the
1061 Federal Aviation Administration.
1062 (g) The construction or alteration of the proposed
1063 structure on the minimum descent altitude or the decision height
1064 at the affected airport.
1065 (h) The cumulative effects on navigable airspace of all
1066 existing structures, and all other known proposed structures in
1067 the area.
1068 (i) Requirements contained in s. 333.03(2) and (3).
1069 (j) Additional requirements adopted by the local
1070 jurisdiction pertinent to evaluation and protection of airspace
1071 and airport operations.
1072 (2) VARIANCES.—
1073 (a) Any person desiring to erect any structure, increase
1074 the height of any structure, permit the growth of any tree, or
1075 otherwise use his or her property in violation of the airport
1076 zoning regulations adopted under this chapter or any land
1077 development regulation adopted pursuant to the provisions of
1078 chapter 163 pertaining to airport land use compatibility, may
1079 apply to the board of adjustment for a variance from the zoning
1080 regulations in question. At the time of filing the application,
1081 the applicant shall forward to the department by certified mail,
1082 return receipt requested, a copy of the application. The
1083 department shall have 45 days from receipt of the application to
1084 comment and to provide its comments or waiver of that right to
1085 the applicant and the board of adjustment. The department shall
1086 include its explanation for any objections stated in its
1087 comments. If the department fails to provide its comments within
1088 45 days of receipt of the application, its right to comment is
1089 waived. The board of adjustment may proceed with its
1090 consideration of the application only upon the receipt of the
1091 department’s comments or waiver of that right as demonstrated by
1092 the filing of a copy of the return receipt with the board.
1093 Noncompliance with this section shall be grounds to appeal
1094 pursuant to s. 333.08 and to apply for judicial relief pursuant
1095 to s. 333.11. Such variances may only be allowed where a literal
1096 application or enforcement of the regulations would result in
1097 practical difficulty or unnecessary hardship and where the
1098 relief granted would not be contrary to the public interest but
1099 would do substantial justice and be in accordance with the
1100 spirit of the regulations and this chapter. However, any
1101 variance may be allowed subject to any reasonable conditions
1102 that the board of adjustment may deem necessary to effectuate
1103 the purposes of this chapter.
1104 (b) The Department of Transportation shall have the
1105 authority to appeal any variance granted under this chapter
1106 pursuant to s. 333.08, and to apply for judicial relief pursuant
1107 to s. 333.11.
1108 (3) OBSTRUCTION MARKING AND LIGHTING.—
1109 (a) In issuing a granting any permit or variance under this
1110 section, the political subdivision or its administrative agency
1111 or board of adjustment shall require the owner of the structure
1112 or vegetation tree in question to install, operate, and maintain
1113 thereon, at his or her own expense, such marking and lighting in
1114 conformance with the specific standards established by the
1115 Federal Aviation Administration as may be necessary to indicate
1116 to aircraft pilots the presence of an obstruction.
1117 (b) Such marking and lighting shall conform to the specific
1118 standards established by rule by the department of
1119 Transportation.
1120 (c) Existing structures not in compliance on October 1,
1121 1988, shall be required to comply whenever the existing marking
1122 requires refurbishment, whenever the existing lighting requires
1123 replacement, or within 5 years of October 1, 1988, whichever
1124 occurs first.
1125 Section 17. Section 333.08, Florida Statutes, is repealed.
1126 Section 18. Section 333.09, Florida Statutes, is amended to
1127 read:
1128 333.09 Administration of airport zoning regulations.—
1129 (1) ADMINISTRATION AND ENFORCEMENT.—All airport zoning
1130 regulations adopted under this chapter shall provide for the
1131 administration and enforcement of such regulations by the
1132 affected political subdivisions or by an administrative agency
1133 created by the subdivisions which may be an agency created by
1134 such regulations or any official, board, or other existing
1135 agency of the political subdivision adopting the regulations or
1136 of one of the political subdivisions which participated in the
1137 creation of the joint airport zoning board adopting the
1138 regulations, if satisfactory to that political subdivision, but
1139 in no case shall such administrative agency be or include any
1140 member of the board of adjustment. The duties of any
1141 administrative agency designated pursuant to this chapter shall
1142 include that of hearing and deciding all permits under s. 333.07
1143 s. 333.07(1), deciding all matters under s. 333.07(3), as they
1144 pertain to such agency, and all other matters under this chapter
1145 applying to said agency, but such agency shall not have or
1146 exercise any of the powers herein delegated to the board of
1147 adjustment.
1148 (2) LOCAL GOVERNMENT PROCESS.—
1149 (a) Any political subdivision required to adopt airport
1150 zoning regulations under this chapter must provide a process to:
1151 1. Issue or deny permits consistent with s. 333.07,
1152 including requests for exceptions to airport zoning regulations.
1153 2. Notify the department of receipt of a complete permit
1154 application consistent with s. 333.025(4).
1155 3. Enforce any permit, order, requirement, decision, or
1156 determination made by the administrative agency with respect to
1157 the airport zoning regulations.
1158 (b) Where a zoning board or permitting body already exists
1159 within a political subdivision, the zoning board or permitting
1160 body may implement the permitting and appeals process.
1161 Otherwise, the political subdivision shall implement the
1162 permitting and appeals process in a manner consistent with its
1163 constitutional powers and areas of jurisdiction.
1164 (3) APPEALS.—
1165 (a) Any person aggrieved or taxpayer affected by any
1166 decision in the administration of airport zoning regulations
1167 adopted under this chapter, or any governing body of a political
1168 subdivision or any joint airport zoning board, which contends
1169 that the decision is an improper application of airport zoning
1170 regulations may use the process established for an appeal.
1171 (b) All appeals taken under this section must be taken
1172 within a reasonable time, as provided by the political
1173 subdivision or its administrative agency, by filing with the
1174 entity from which appeal is taken a notice of appeal specifying
1175 the grounds for appeal.
1176 (c) An appeal stays all proceedings in the underlying
1177 action, unless the entity from which the appeal is taken
1178 certifies pursuant to the rules for appeal that by reason of the
1179 facts stated in the certificate, a stay would, in its opinion,
1180 cause imminent peril to life or property. In that case,
1181 proceedings may not be stayed except by an order of the
1182 political subdivision or its administrative agency following
1183 notice to the entity from which the appeal is taken and on good
1184 cause shown.
1185 (d) The political subdivision or its administrative agency
1186 must set a reasonable time for the hearing of appeals, give
1187 public notice and due notice to the parties in interest, and
1188 decide the same within a reasonable time. At the hearing, a
1189 party may appear in person, by agent, or by attorney.
1190 (e) The political subdivision or its administrative agency
1191 may, in conformity with the provisions of this chapter, reverse,
1192 affirm, or modify the underlying order, requirement, decision,
1193 or determination from which the appeal is taken.
1194 Section 19. Section 333.10, Florida Statutes, is repealed.
1195 Section 20. Section 333.11, Florida Statutes, is amended to
1196 read:
1197 333.11 Judicial review.—
1198 (1) Any person aggrieved, or taxpayer affected, by any
1199 decision of a board of adjustment, or any governing body of a
1200 political subdivision, or the Department of Transportation or
1201 any joint airport zoning board, or of any administrative agency
1202 hereunder, may apply for judicial relief to the circuit court in
1203 the judicial circuit where the political subdivision board of
1204 adjustment is located within 30 days after rendition of the
1205 decision by the board of adjustment. Review shall be by petition
1206 for writ of certiorari, which shall be governed by the Florida
1207 Rules of Appellate Procedure.
1208 (2) Upon presentation of such petition to the court, it may
1209 allow a writ of certiorari, directed to the board of adjustment,
1210 to review such decision of the board. The allowance of the writ
1211 shall not stay the proceedings upon the decision appealed from,
1212 but the court may, on application, on notice to the board, on
1213 due hearing and due cause shown, grant a restraining order.
1214 (3) The board of adjustment shall not be required to return
1215 the original papers acted upon by it, but it shall be sufficient
1216 to return certified or sworn copies thereof or of such portions
1217 thereof as may be called for by the writ. The return shall
1218 concisely set forth such other facts as may be pertinent and
1219 material to show the grounds of the decision appealed from and
1220 shall be verified.
1221 (2)(4) The court shall have exclusive jurisdiction to
1222 affirm, modify, or set aside the decision brought up for review,
1223 in whole or in part, and if need be, to order further
1224 proceedings by the political subdivision or its administrative
1225 agency board of adjustment. The findings of fact by the
1226 political subdivision or its administrative agency board, if
1227 supported by substantial evidence, shall be accepted by the
1228 court as conclusive. An, and no objection to a decision of the
1229 political subdivision or its administrative agency may not board
1230 shall be considered by the court unless such objection shall
1231 have been urged before the board, or, if it was not so urged,
1232 unless there were reasonable grounds for failure to do so.
1233 (3)(5) If In any case in which airport zoning regulations
1234 adopted under this chapter, although generally reasonable, are
1235 held by a court to interfere with the use and enjoyment of a
1236 particular structure or parcel of land to such an extent, or to
1237 be so onerous in their application to such a structure or parcel
1238 of land, as to constitute a taking or deprivation of that
1239 property in violation of the State Constitution or the
1240 Constitution of the United States, such holding shall not affect
1241 the application of such regulations to other structures and
1242 parcels of land, or such regulations as are not involved in the
1243 particular decision.
1244 (4)(6) No Judicial appeal shall be or is not permitted
1245 under this section, to any courts until the appellant has
1246 exhausted all its remedies through application for local
1247 government permits, exceptions, and appeals, as herein provided,
1248 save and except an appeal from a decision of the board of
1249 adjustment, the appeal herein provided being from such final
1250 decision of such board only, the appellant being hereby required
1251 to exhaust his or her remedies hereunder of application for
1252 permits, exceptions and variances, and appeal to the board of
1253 adjustment, and gaining a determination by said board, before
1254 being permitted to appeal to the court hereunder.
1255 Section 21. Section 333.12, Florida Statutes, is amended to
1256 read:
1257 333.12 Acquisition of air rights.—When In any case which:
1258 it is desired to remove, lower or otherwise terminate a
1259 nonconforming structure or use presents an air hazard and the
1260 structure cannot be removed, lowered, or otherwise terminated;
1261 or the approach protection necessary cannot, because of
1262 constitutional limitations, be provided by airport regulations
1263 under this chapter; or it appears advisable that the necessary
1264 approach protection be provided by acquisition of property
1265 rights rather than by airport zoning regulations, the political
1266 subdivision within which the property or nonconforming use is
1267 located, or the political subdivision owning or operating the
1268 airport or being served by it, may acquire, by purchase, grant,
1269 or condemnation in the manner provided by chapter 73, such air
1270 right, avigation navigation easement conveying the airspace over
1271 another property for use by the airport, or other estate,
1272 portion or interest in the property or nonconforming structure
1273 or use or such interest in the air above such property,
1274 vegetation tree, structure, or use, in question, as may be
1275 necessary to effectuate the purposes of this chapter, and in so
1276 doing, if by condemnation, to have the right to take immediate
1277 possession of the property, interest in property, air right, or
1278 other right sought to be condemned, at the time, and in the
1279 manner and form, and as authorized by chapter 74. In the case of
1280 the purchase of any property, or any easement, or estate or
1281 interest therein or the acquisition of the same by the power of
1282 eminent domain, the political subdivision making such purchase
1283 or exercising such power shall in addition to the damages for
1284 the taking, injury, or destruction of property also pay the cost
1285 of the removal and relocation of any structure or any public
1286 utility which is required to be moved to a new location.
1287 Section 22. Section 333.135, Florida Statutes, is created
1288 to read:
1289 333.135 Transition provisions.—
1290 (1) A provision of an airport zoning regulation in effect
1291 on the effective date of this section that conflicts with this
1292 chapter must be amended to conform to the requirements of this
1293 chapter by July 1, 2016.
1294 (2) By October 1, 2017, a political subdivision having an
1295 airport hazard area within its territorial limits, which has not
1296 adopted airport zoning regulations, must adopt airport zoning
1297 regulations for the airport hazard area which are consistent
1298 with this chapter.
1299 (3) For those local governments that have not yet adopted
1300 airport protection zoning regulations pursuant to this chapter,
1301 the department shall administer the permitting process as
1302 provided in s. 333.025.
1303 Section 23. Section 333.14, Florida Statutes, is repealed.
1304 Section 24. Subsections (36) and (37) of section 334.03,
1305 Florida Statutes, are amended to read:
1306 334.03 Definitions.—When used in the Florida Transportation
1307 Code, the term:
1308 (36) “511” or “511 services” means all three-digit
1309 telecommunications dialing to access interactive voice response
1310 telephone traveler information services provided in the state to
1311 include, but not be limited to, the terms as defined by the
1312 Federal Communications Commission in FCC Order No. 00-256, July
1313 31, 2000.
1314 (37) “Interactive voice response” means a software
1315 application that accepts a combination of voice telephone input
1316 and touch-tone keypad selection and provides appropriate
1317 responses in the form of voice, fax, callback, e-mail, and other
1318 media.
1319 Section 25. Subsection (31) of section 334.044, Florida
1320 Statutes, is amended to read:
1321 334.044 Department; powers and duties.—The department shall
1322 have the following general powers and duties:
1323 (31) To provide oversight of traveler information systems
1324 that may include the provision of interactive voice response
1325 telephone systems accessible via the 511 services number as
1326 assigned by the Federal Communications Commission for traveler
1327 information services. The department shall ensure that uniform
1328 standards and criteria for the collection and dissemination of
1329 traveler information are applied using interactive voice
1330 response systems.
1331 Section 26. Section 334.60, Florida Statutes, is amended to
1332 read:
1333 334.60 511 traveler information system.—The department is
1334 the state’s lead agency for implementing 511 services and is the
1335 state’s point of contact for coordinating all 511 services with
1336 telecommunications service providers.
1337 (1) The department shall:
1338 (a)(1) Implement and administer 511 services in the state;
1339 (b)(2) Coordinate with other transportation authorities in
1340 the state to provide multimodal traveler information through 511
1341 services and other means;
1342 (c)(3) Develop uniform standards and criteria for the
1343 collection and dissemination of traveler information using the
1344 511 services number or other interactive voice response systems;
1345 and
1346 (d)(4) Enter into joint participation agreements or
1347 contracts with highway authorities and public transit districts
1348 to share the costs of implementing and administering 511
1349 services in the state. The department may also enter into other
1350 agreements or contracts with private firms relating to the 511
1351 services to offset the costs of implementing and administering
1352 511 services in the state.
1353 (2) The department shall adopt rules to administer the
1354 coordination of 511 traveler information phone services in the
1355 state.
1356 Section 27. Subsections (3) and (4) of section 335.065,
1357 Florida Statutes, are amended to read:
1358 335.065 Bicycle and pedestrian ways along state roads and
1359 transportation facilities.—
1360 (3) The department, in cooperation with the Department of
1361 Environmental Protection, shall establish a statewide integrated
1362 system of bicycle and pedestrian ways in such a manner as to
1363 take full advantage of any such ways which are maintained by any
1364 governmental entity. The department may enter into a concession
1365 agreement with a not-for-profit entity or private sector
1366 business or entity for commercial sponsorship displays on
1367 multiuse trails and related facilities and use any concession
1368 agreement revenues for the maintenance of the multiuse trails
1369 and related facilities. Commercial sponsorship displays are
1370 subject to the requirements of the Highway Beautification Act of
1371 1965 and all federal laws and agreements, when applicable. For
1372 the purposes of this section, bicycle facilities may be
1373 established as part of or separate from the actual roadway and
1374 may utilize existing road rights-of-way or other rights-of-way
1375 or easements acquired for public use.
1376 (a) A concession agreement shall be administered by the
1377 department and must include the requirements of this section.
1378 (b)1. Signage or displays erected under this section shall
1379 comply with s. 337.407 and chapter 479 and shall be limited as
1380 follows:
1381 a. One large sign or display, not to exceed 16 square feet
1382 in area, may be located at each trailhead or parking area.
1383 b. One small sign or display, not to exceed 4 square feet
1384 in area, may be located at each designated trail public access
1385 point.
1386 2. Before installation, each name or sponsorship display
1387 must be approved by the department.
1388 3. The department shall ensure that the size, color,
1389 materials, construction, and location of all signs are
1390 consistent with the management plan for the property and the
1391 standards of the department, do not intrude on natural and
1392 historic settings, and contain only a logo selected by the
1393 sponsor and the following sponsorship wording:
1394
1395 ...(Name of the sponsor)... proudly sponsors the costs
1396 of maintaining the ...(Name of the greenway or
1397 trail)....
1398
1399 4. All costs of a display, including development,
1400 construction, installation, operation, maintenance, and removal
1401 costs, shall be paid by the concessionaire.
1402 (c) A concession agreement shall be for a minimum of 1
1403 year, but may be for a longer period under a multiyear
1404 agreement, and may be terminated for just cause by the
1405 department upon 60 days’ advance notice. Just cause for
1406 termination of a concession agreement includes, but is not
1407 limited to, violation of the terms of the concession agreement
1408 or this section.
1409 (4)(a) The department may use appropriated funds to support
1410 the establishment of a statewide system of interconnected
1411 multiuse trails and to pay the costs of planning, land
1412 acquisition, design, and construction of such trails and related
1413 facilities. The department shall give funding priority to
1414 projects that:
1415 1. Are identified by the Florida Greenways and Trails
1416 Council as a priority within the Florida Greenways and Trails
1417 System under chapter 260.
1418 2. Support the transportation needs of bicyclists and
1419 pedestrians.
1420 3. Have national, statewide, or regional importance.
1421 4. Facilitate an interconnected system of trails by
1422 completing gaps between existing trails.
1423 (b) A project funded under this subsection shall:
1424 1. Be included in the department’s work program developed
1425 in accordance with s. 339.135.
1426 2. Be operated and maintained by an entity other than the
1427 department upon completion of construction. The department is
1428 not obligated to provide funds for the operation and maintenance
1429 of the project.
1430 Section 28. Section 335.21, Florida Statutes, is created to
1431 read:
1432 335.21 Governing bodies of independent special districts
1433 regulating the operation of public vehicles on public highways.
1434 Notwithstanding any provision of local law, the membership of
1435 the governing body of any independent special district created
1436 for the purpose of regulating the operation of public vehicles
1437 upon the public highways under the jurisdiction of any such
1438 independent special district shall consist of seven members.
1439 Four members shall be appointed by the Governor, one member
1440 shall be appointed by the governing body of the largest
1441 municipality situated within the jurisdiction of the independent
1442 special district, and two members shall be appointed by the
1443 governing body of the county in which the independent special
1444 district has jurisdiction. All appointees must be residents of
1445 the county in which the independent special district has
1446 jurisdiction.
1447 Section 29. Subsection (4) of section 338.165, Florida
1448 Statutes, is amended to read:
1449 338.165 Continuation of tolls.—
1450 (4) Notwithstanding any other law to the contrary, pursuant
1451 to s. 11, Art. VII of the State Constitution, and subject to the
1452 requirements of subsection (2), the Department of Transportation
1453 may request the Division of Bond Finance to issue bonds secured
1454 by toll revenues collected on the Alligator Alley, the Sunshine
1455 Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
1456 and the Pinellas Bayway to fund transportation projects located
1457 within the county or counties in which the project is located
1458 and contained in the adopted work program of the department.
1459 Section 30. Subsection (5) is added to section 338.227,
1460 Florida Statutes, to read:
1461 338.227 Turnpike revenue bonds.—
1462 (5) Notwithstanding s. 215.82, bonds issued pursuant to
1463 this section are not required to be validated pursuant to
1464 chapter 75, but may be validated at the option of the Division
1465 of Bond Finance. Any complaint for such validation must be filed
1466 in the circuit court of the county where the seat of state
1467 government is situated. The notice required to be published by
1468 s. 75.06 must be published only in the county where the
1469 complaint is filed. The complaint and order of the circuit court
1470 shall be served only on the state attorney of the circuit in
1471 which the action is pending.
1472 Section 31. Paragraph (c) of subsection (3) of section
1473 338.231, Florida Statutes, is amended to read:
1474 338.231 Turnpike tolls, fixing; pledge of tolls and other
1475 revenues.—The department shall at all times fix, adjust, charge,
1476 and collect such tolls and amounts for the use of the turnpike
1477 system as are required in order to provide a fund sufficient
1478 with other revenues of the turnpike system to pay the cost of
1479 maintaining, improving, repairing, and operating such turnpike
1480 system; to pay the principal of and interest on all bonds issued
1481 to finance or refinance any portion of the turnpike system as
1482 the same become due and payable; and to create reserves for all
1483 such purposes.
1484 (3)
1485 (c) Notwithstanding any other provision of law to the
1486 contrary, any prepaid toll account of any kind which has
1487 remained inactive for 10 3 years shall be presumed unclaimed and
1488 its disposition shall be handled by the Department of Financial
1489 Services in accordance with all applicable provisions of chapter
1490 717 relating to the disposition of unclaimed property, and the
1491 prepaid toll account shall be closed by the department.
1492 Section 32. Section 339.81, Florida Statutes, is created to
1493 read:
1494 339.81 Florida Shared-Use Nonmotorized Trail Network.—
1495 (1) The Florida Shared-Use Nonmotorized Trail Network is
1496 created as a component of the Florida Greenways and Trails
1497 System established in chapter 260. The network consists of
1498 multiuse trails or shared-use paths physically separated from
1499 motor vehicle traffic and constructed with asphalt, concrete, or
1500 another hard surface which, by virtue of design, location,
1501 extent of connectivity or potential connectivity, and allowable
1502 uses, provide nonmotorized transportation opportunities for
1503 bicyclists and pedestrians between and within a wide range of
1504 points of origin and destinations, including, but not limited
1505 to, communities, conservation areas, state parks, beaches, and
1506 other natural or cultural attractions for a variety of trip
1507 purposes, including work, school, shopping, and other personal
1508 business, as well as social, recreational, and personal fitness
1509 purposes.
1510 (2) Network components do not include sidewalks, nature
1511 trails, loop trails wholly within a single park or natural area,
1512 or on-road facilities, such as bicycle lanes or routes other
1513 than:
1514 (a) On-road facilities that are no greater than one-half
1515 mile in length connecting two or more nonmotorized trails, if
1516 the provision of non-road facilities is unfeasible and if such
1517 on-road facilities are signed and marked for nonmotorized use;
1518 or
1519 (b) On-road components of the Florida Keys Overseas
1520 Heritage Trail.
1521 (3) The department shall include a project to be
1522 constructed as part of the Shared-Use Nonmotorized Trail Network
1523 in its work program developed pursuant to s. 339.135.
1524 (4) The planning, development, operation, and maintenance
1525 of the Shared-Use Nonmotorized Trail Network is declared to be a
1526 public purpose, and the department, together with other agencies
1527 of this state and all counties, municipalities, and special
1528 districts of this state, may spend public funds for such
1529 purposes and may accept gifts and grants of funds, property, or
1530 property rights from public or private sources to be used for
1531 such purposes.
1532 (5) The department may enter into a memorandum of agreement
1533 with a local government or other agency of the state to transfer
1534 maintenance responsibilities of an individual network component.
1535 The department may contract with a not-for-profit entity or
1536 private sector business or entity to provide maintenance
1537 services on an individual network component.
1538 (6) The department may adopt rules to aid in the
1539 development and maintenance of components of the network.
1540 Section 33. Section 339.82, Florida Statutes, is created to
1541 read:
1542 339.82 Shared-Use Nonmotorized Trail Network Plan.—
1543 (1) The department shall develop a Shared-Use Nonmotorized
1544 Trail Network Plan in coordination with the Department of
1545 Environmental Protection, metropolitan planning organizations,
1546 affected local governments and public agencies, and the Florida
1547 Greenways and Trails Council. The plan must be consistent with
1548 the Florida Greenways and Trails Plan developed under s. 260.014
1549 and must be updated at least once every 5 years.
1550 (2) The Shared-Use Nonmotorized Trail Network Plan must
1551 include all of the following:
1552 (a) A needs assessment, including, but not limited to, a
1553 comprehensive inventory and analysis of existing trails that may
1554 be considered for inclusion in the Shared-Use Nonmotorized Trail
1555 Network.
1556 (b) A project prioritization process that includes
1557 assigning funding priority to projects that:
1558 1. Are identified by the Florida Greenways and Trails
1559 Council as a priority within the Florida Greenways and Trails
1560 System under chapter 260;
1561 2. Facilitate an interconnected network of trails by
1562 completing gaps between existing facilities; and
1563 3. Maximize use of federal, local, and private funding and
1564 support mechanisms, including, but not limited to, donation of
1565 funds, real property, and maintenance responsibilities.
1566 (c) A map illustrating existing and planned facilities and
1567 identifying critical gaps between facilities.
1568 (d) A finance plan based on reasonable projections of
1569 anticipated revenues, including both 5-year and 10-year cost
1570 feasible components.
1571 (e) Performance measures that include quantifiable
1572 increases in trail network access and connectivity.
1573 (f) A timeline for the completion of the base network using
1574 new and existing data from the department, the Department of
1575 Environmental Protection, and other sources.
1576 (g) A marketing plan prepared in consultation with the
1577 Florida Tourism Industry Marketing Corporation.
1578 Section 34. Section 339.83, Florida Statutes, is created to
1579 read:
1580 339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
1581 (1) The department may enter into a concession agreement
1582 with a not-for-profit entity or private sector business or
1583 entity for commercial sponsorship signs, pavement markings, and
1584 exhibits on nonmotorized trails and related facilities
1585 constructed as part of the Shared-Use Nonmotorized Trail
1586 Network. The concession agreement may also provide for
1587 recognition of trail sponsors in any brochure, map, or website
1588 providing trail information. Trail websites may provide links to
1589 sponsors. Revenue from such agreements may be used for the
1590 maintenance of the nonmotorized trails and related facilities.
1591 (a) A concession agreement shall be administered by the
1592 department.
1593 (b)1. Signage, pavement markings, or exhibits erected
1594 pursuant to this section must comply with s. 337.407 and chapter
1595 479 and are limited as follows:
1596 a. One large sign, pavement marking, or exhibit, not to
1597 exceed 16 square feet in area, may be located at each trailhead
1598 or parking area.
1599 b. One small sign, pavement marking, or exhibit, not to
1600 exceed 4 square feet in area, may be located at each designated
1601 trail public access point where parking is not provided.
1602 c. Pavement markings denoting specified distances must be
1603 located at least 1 mile apart.
1604 2. Before installation, each sign, pavement marking, or
1605 exhibit must be approved by the department.
1606 3. The department shall ensure that the size, color,
1607 materials, construction, and location of all signs, pavement
1608 markings, and exhibits are consistent with the management plan
1609 for the property and the standards of the department, do not
1610 intrude on natural and historic settings, and contain a logo
1611 selected by the sponsor and the following sponsorship wording:
1612
1613 ...(Name of the sponsor)... proudly sponsors the costs
1614 of maintaining the ...(Name of the greenway or
1615 trail)....
1616
1617 4. Exhibits may provide additional information and
1618 materials including, but not limited to, maps and brochures for
1619 trail user services related or proximate to the trail. Pavement
1620 markings may display mile marker information.
1621 5. The costs of a sign, pavement marking, or exhibit,
1622 including development, construction, installation, operation,
1623 maintenance, and removal costs, shall be paid by the
1624 concessionaire.
1625 (c) A concession agreement shall be for a minimum of 1
1626 year, but may be for a longer period under a multiyear
1627 agreement, and may be terminated for just cause by the
1628 department upon 60 days’ advance notice. Just cause for
1629 termination of a concession agreement includes, but is not
1630 limited to, violation of the terms of the concession agreement
1631 or this section.
1632 (2) Pursuant to s. 287.057, the department may contract for
1633 the provision of services related to the trail sponsorship
1634 program, including recruitment and qualification of businesses,
1635 review of applications, permit issuance, and fabrication,
1636 installation, and maintenance of signs, pavement markings, and
1637 exhibits. The department may reject all proposals and seek
1638 another request for proposals or otherwise perform the work. The
1639 contract may allow the contractor to retain a portion of the
1640 annual fees as compensation for its services.
1641 (3) This section does not create a proprietary or
1642 compensable interest in any sponsorship site or location for any
1643 permittee, and the department may terminate permits or change
1644 locations of sponsorship sites as it determines necessary for
1645 construction or improvement of facilities.
1646 (4) The department may adopt rules to establish
1647 requirements for qualification of businesses, qualification and
1648 location of sponsorship sites, and permit applications and
1649 processing. The department may adopt rules to establish other
1650 criteria necessary to implement this section and to provide for
1651 variances when necessary to serve the interest of the public or
1652 when required to ensure equitable treatment of program
1653 participants.
1654 Section 35. (1) The Office of Economic and Demographic
1655 Research shall evaluate and determine the economic benefits, as
1656 defined in s. 288.005(1), Florida Statutes, of the state’s
1657 investment in the Department of Transportation’s adopted work
1658 program developed in accordance with s. 339.135(5), Florida
1659 Statutes, for fiscal year 2015-2016, including the following 4
1660 fiscal years. At a minimum, a separate return on investment
1661 shall be projected for each of the following areas:
1662 (a) Roads and highways;
1663 (b) Rails;
1664 (c) Public transit;
1665 (d) Aviation; and
1666 (e) Seaports.
1667
1668 The analysis is limited to the funding anticipated by the
1669 adopted work program, but may address the continuing economic
1670 impact for those transportation projects in the 5 years beyond
1671 the conclusion of the adopted work program. The analysis must
1672 also evaluate the number of jobs created, the increase or
1673 decrease in personal income, and the impact on gross domestic
1674 product from the direct, indirect, and induced effects on the
1675 state’s investment in each area.
1676 (2) The Department of Transportation and each of its
1677 district offices shall provide the Office of Economic and
1678 Demographic Research full access to all data necessary to
1679 complete the analysis, including any confidential data.
1680 (3) The Office of Economic and Demographic Research shall
1681 submit the analysis to the President of the Senate and the
1682 Speaker of the House of Representatives by January 1, 2016.
1683 Section 36. For the purpose of incorporating the amendment
1684 made by this act to section 333.01, Florida Statutes, in a
1685 reference thereto, subsection (6) of section 350.81, Florida
1686 Statutes, is reenacted to read:
1687 350.81 Communications services offered by governmental
1688 entities.—
1689 (6) To ensure the safe and secure transportation of
1690 passengers and freight through an airport facility, as defined
1691 in s. 159.27(17), an airport authority or other governmental
1692 entity that provides or is proposing to provide communications
1693 services only within the boundaries of its airport layout plan,
1694 as defined in s. 333.01(6), to subscribers which are integral
1695 and essential to the safe and secure transportation of
1696 passengers and freight through the airport facility, is exempt
1697 from this section. An airport authority or other governmental
1698 entity that provides or is proposing to provide shared-tenant
1699 service under s. 364.339, but not dial tone enabling subscribers
1700 to complete calls outside the airport layout plan, to one or
1701 more subscribers within its airport layout plan which are not
1702 integral and essential to the safe and secure transportation of
1703 passengers and freight through the airport facility is exempt
1704 from this section. An airport authority or other governmental
1705 entity that provides or is proposing to provide communications
1706 services to one or more subscribers within its airport layout
1707 plan which are not integral and essential to the safe and secure
1708 transportation of passengers and freight through the airport
1709 facility, or to one or more subscribers outside its airport
1710 layout plan, is not exempt from this section. By way of example
1711 and not limitation, the integral, essential subscribers may
1712 include airlines and emergency service entities, and the
1713 nonintegral, nonessential subscribers may include retail shops,
1714 restaurants, hotels, or rental car companies.
1715 Section 37. This act shall take effect July 1, 2015.
