CS/CS/CS/SB 1220 full text

CS for CS for CS for SB 1220 First Engrossed 20261220e1

1 A bill to be entitled

2 An act relating to transportation; amending s. 20.23,

3 F.S.; revising the membership composition of the

4 Florida Transportation Research Institute; amending s.

5 260.0142, F.S.; requiring the Florida Greenways and

6 Trails Council to meet within a certain timeframe for

7 a certain purpose; amending s. 311.14, F.S.; providing

8 requirements for an infrastructure development and

9 improvement component included in a port’s strategic

10 plan; defining the term “critical infrastructure

11 resources”; creating s. 311.26, F.S.; requiring the

12 Department of Transportation to coordinate with the

13 Department of Commerce, specified ports, and the

14 Federal Government for a certain purpose; requiring

15 ports to support certain projects; requiring that such

16 projects be evaluated in a certain manner; amending s.

17 316.003, F.S.; revising the definition of the term

18 “personal delivery device”; amending s. 316.008, F.S.;

19 authorizing the operation of a personal delivery

20 device on certain sidewalks, crosswalks, bicycle

21 lanes, and bicycle paths and on the shoulders of

22 certain streets, roadways, and highways; revising

23 construction; prohibiting the operation of a personal

24 delivery device or mobile carrier within certain areas

25 and facilities; prohibiting counties and

26 municipalities from enacting, imposing, levying,

27 collecting, or enforcing certain operating fees and

28 advertising regulations; amending s. 316.126, F.S.;

29 revising the visible signals given by an approaching

30 emergency vehicle upon which a driver must yield the

31 right-of-way; providing that the use of cruise lights

32 is not such a visible signal; defining the term

33 “cruise lights”; revising the means by which an

34 emergency vehicle may signal that such vehicle is en

35 route to an emergency; amending s. 316.2071, F.S.;

36 conforming provisions to changes made by the act;

37 prohibiting a personal delivery device from operating

38 as otherwise authorized unless the personal delivery

39 device meets certain criteria and a human operator is

40 capable of controlling and monitoring its navigation

41 and operation; prohibiting a personal delivery device

42 from operating on a limited access facility;

43 prohibiting a personal delivery device or mobile

44 carrier from operating within certain facilities and

45 areas; authorizing rulemaking; amending s. 318.14,

46 F.S.; revising a limitation on the number of times a

47 person may elect to attend a basic driver improvement

48 course under certain circumstances; amending s.

49 320.06, F.S.; authorizing certain rental trucks to

50 elect a permanent registration period; repealing s.

51 322.032, F.S., relating to digital proof of driver

52 license or identification card; amending ss. 322.059

53 and 322.15, F.S.; conforming provisions to changes

54 made by the act; repealing s. 324.252, F.S., relating

55 to electronic insurance verification; amending s.

56 330.41, F.S.; prohibiting a political subdivision from

57 withholding issuance of a business tax receipt,

58 development permit, or other land use approval to

59 certain drone delivery services and from enacting or

60 enforcing ordinances or resolutions that prohibit

61 drone delivery service operation; revising

62 construction; defining the term “major theme park or

63 entertainment complex”; prohibiting a drone delivery

64 service from operating over or delivering to a major

65 theme park or entertainment complex without certain

66 approval; providing that the addition of a drone

67 delivery service within a certain parking area does

68 not reduce the number of parking spaces in the parking

69 area for a certain purpose; amending s. 332.001, F.S.;

70 revising duties of the Department of Transportation

71 relating to airport systems in this state; amending s.

72 332.006, F.S.; requiring the department to coordinate

73 with commercial service airports to review and

74 evaluate certain federal policies and programs;

75 amending s. 332.0075, F.S.; requiring commercial

76 service airports to develop a plan for obtaining and

77 maintaining critical infrastructure resources;

78 providing requirements for such plans; defining the

79 term “critical infrastructure resources”; amending s.

80 334.03, F.S.; defining the term “advanced air mobility

81 corridor connection point”; revising the definition of

82 the term “transportation corridor”; amending s.

83 334.044, F.S.; authorizing the department to purchase,

84 lease, or otherwise acquire property and materials for

85 the promotion of transportation-related economic

86 development opportunities and advanced air mobility;

87 deleting the authority of the department to purchase,

88 lease, or otherwise acquire property and materials for

89 the promotion of electric vehicle use and charging

90 stations; authorizing the department to operate and

91 maintain certain research facilities, enter into

92 certain contracts and agreements, require local

93 governments to submit certain applications for federal

94 funding to the department for review and approval

95 before submission to the Federal Government, and

96 acquire, own, construct, or operate airports for a

97 specified purpose; requiring that certain airport

98 acquisitions be approved by the governing body of the

99 airport; authorizing the department to adopt rules;

100 creating s. 334.64, F.S.; providing that the

101 department serves as the primary point of contact for

102 statewide topographic aerial LiDAR procurement and

103 certain cost sharing; authorizing the department to

104 provide certain services to other governmental

105 entities through interagency agreements; authorizing

106 rulemaking; amending s. 337.401, F.S.; prohibiting

107 municipalities and counties from requiring that

108 providers locate or perform surveys of certain

109 facilities; requiring a provider to use certain means

110 to avoid damaging certain facilities under specified

111 circumstances; prohibiting municipalities and counties

112 from taking certain actions relating to certain

113 facility permits; authorizing municipalities and

114 counties to require a bond or other financial

115 instrument; prohibiting municipalities and counties

116 from imposing or collecting a tax, fee, cost, charge,

117 or exaction for the placement of certain

118 communications facilities; revising applicability;

119 revising the definition of the term “application”;

120 prohibiting an authority from requiring compliance

121 with an authority’s provisions regarding placement of

122 communications facilities in certain locations;

123 providing exceptions; requiring that certain authority

124 ordinances apply to all providers of communications

125 services; providing bond requirements; providing

126 requirements for certain financial obligations

127 required by an authority; prohibiting an authority

128 from requiring a deposit or escrow of cash or

129 agreement with certain terms; prohibiting an authority

130 from requiring a communications service provider to

131 indemnify it for certain liabilities; prohibiting an

132 authority from imposing certain landscaping and

133 vegetation management requirements; amending s.

134 338.231, F.S.; revising the period through which the

135 department, to the extent possible, is required to

136 program sufficient funds in the tentative work program

137 for a specified purpose; requiring the department, to

138 the extent possible, to program sufficient funds in

139 the tentative work program for a specified purpose

140 beginning in a specified fiscal year; amending s.

141 339.81, F.S.; revising construction materials that may

142 be used for certain multiuse trails or shared-use

143 paths; authorizing the department to consider certain

144 sponsorship agreements; amending s. 341.041, F.S.;

145 revising the entities whose specified grants and

146 agreements the department is required to ensure

147 include certain provisions; revising such provisions;

148 amending s. 479.25, F.S.; revising provisions

149 authorizing the owners of certain signs to increase

150 the height above ground level of such signs under

151 certain circumstances to include in such circumstances

152 the permitting or erection of certain ramps and

153 braided bridges; conforming provisions to changes made

154 by the act; amending s. 790.19, F.S.; providing

155 criminal penalties for shooting at, within, or into,

156 or throwing, hurling, or projecting certain objects

157 at, within, or in, an autonomous vehicle; amending s.

158 806.13, F.S.; providing criminal penalties for

159 defacing, injuring, or damaging an autonomous vehicle

160 if the value of the damage is in excess of a specified

161 amount; amending chapter 2006-316, Laws of Florida;

162 revising a specified interchange designation;

163 requiring the department to conduct a study to

164 evaluate certain impacts of alternative fuel vehicles

165 and identify certain policy options; requiring that

166 the study identify, evaluate, and analyze certain

167 information; requiring the department to submit a

168 certain report to the Governor and the Legislature by

169 a specified date; providing an appropriation; amending

170 ss. 311.07, 316.0777, 316.515, 336.01, 338.222,

171 341.8225, 376.3071, 403.7211, 479.261, 715.07, and

172 1006.23, F.S.; conforming cross-references; reenacting

173 ss. 320.02(21), 324.021(1), and 324.022(2)(a), F.S.,

174 relating to registration requirements, the definition

175 of the term “motor vehicle,” and financial

176 responsibility for property damage, respectively, to

177 incorporate the amendment made to s. 316.003, F.S., in

178 references thereto; providing an effective date.

180 Be It Enacted by the Legislature of the State of Florida:

182 Section 1. Paragraph (c) of subsection (3) of section

183 20.23, Florida Statutes, is amended to read:

184 20.23 Department of Transportation.—There is created a

185 Department of Transportation which shall be a decentralized

186 agency.

187 (3) The Legislature finds that the transportation industry

188 is critical to the economic future of this state and that the

189 competitiveness of the industry in this state depends upon the

190 development and maintenance of a qualified workforce and

191 cutting-edge research and innovation. The Legislature further

192 finds that the transportation industry in this state has varied

193 and complex workforce needs ranging from technical and

194 mechanical training to continuing education opportunities for

195 workers with advanced degrees and certifications. The timely

196 need also exists for coordinated research and innovation efforts

197 to promote emerging technologies and innovative construction

198 methods and tools and to address alternative funding mechanisms.

199 It is the intent of the Legislature to support programs designed

200 to address the workforce development needs of the state’s

201 transportation industry.

202 (c) The institute shall report to the department and shall

203 be composed of members from the University of Florida, the

204 Florida State University ~~Indian River State College~~ , the

205 University of Central Florida, the University of South Florida,

206 and Florida International University. The department shall

207 select a member to serve as the administrative lead of the

208 institute. The department shall assess the performance of the

209 administrative lead periodically to ensure accountability and

210 assess the attainment of performance goals.

211 Section 2. Paragraph (h) of subsection (4) of section

212 260.0142, Florida Statutes, is amended to read:

213 260.0142 Florida Greenways and Trails Council; composition;

214 powers and duties.—

215 (4) The duties of the council include the following:

216 (h) Make recommendations for updating and revising the

217 implementation plan for the Florida Greenways and Trails System,

218 including, but not limited to, recommendations for

219 prioritization of regionally significant trails within the

220 Florida Shared-Use Nonmotorized Trail Network. The council shall

221 meet within 90 days after the Department of Transportation

222 submits its report pursuant to s. 339.81(8) to update its

223 recommendations for prioritization of regionally significant

224 trails within the network.

225 Section 3. Paragraph (b) of subsection (2) of section

226 311.14, Florida Statutes, is amended to read:

227 311.14 Seaport planning.—

228 (2) Each port shall develop a strategic plan with a 10-year

229 horizon. Each plan must include the following:

230 (b) An infrastructure development and improvement component

231 that identifies all projected infrastructure improvements within

232 the plan area which require improvement, expansion, or

233 development in order for a port to attain a strategic advantage

234 for competition with national and international competitors.

235 This component must provide strategies for obtaining and

236 maintaining critical infrastructure resources for the port and

237 its tenants. Such strategies must include long-term contracts,

238 rights of first refusal regarding the sale or lease of property

239 storing such resources, and contingency plans for obtaining such

240 resources. For purposes of this paragraph, the term “critical

241 infrastructure resources,” includes, but is not limited to,

242 access to electricity, fuel, and water resources.

244 To the extent feasible, the port strategic plan must be

245 consistent with the local government comprehensive plans of the

246 units of local government in which the port is located. Upon

247 approval of a plan by the port’s board, the plan shall be

248 submitted to the Florida Seaport Transportation and Economic

249 Development Council.

250 Section 4. Section 311.26, Florida Statutes, is created to

251 read:

252 311.26 Florida seaport maritime industrial base.—The

253 Department of Transportation shall coordinate with the

254 Department of Commerce, the ports specified in s. 311.09, and

255 the Federal Government to identify and prioritize key maritime

256 components in the supply chain which are essential to

257 strengthening and expanding this state’s maritime industrial

258 base. The ports shall support projects prioritized by the

259 Department of Transportation which will directly support the

260 building and construction, maintenance, and modernization of

261 commercial vessels, including cargo vessels, and vessels

262 designed for national defense. Projects must be evaluated by

263 their estimated return on invested capital, job creation, and

264 contribution to the economic competitiveness and national

265 security interests of this state and the United States.

266 Additional consideration must include the anticipated

267 enhancement of this state’s commercial maritime capabilities.

268 Section 5. Subsection (59) of section 316.003, Florida

269 Statutes, is amended to read:

270 316.003 Definitions.—The following words and phrases, when

271 used in this chapter, shall have the meanings respectively

272 ascribed to them in this section, except where the context

273 otherwise requires:

274 (59) PERSONAL DELIVERY DEVICE.—An electrically powered

275 device that:

276 (a) Is operated on sidewalks , ~~and~~ crosswalks , bicycle

277 lanes, or bicycle paths or on the shoulders of streets,

278 roadways, or highways, not including limited access facilities,

279 and intended primarily for transporting property;

280 (b) Has a weight that does not exceed the maximum weight

281 established by Department of Transportation rule;

282 (c) Operates at ~~Has~~ a maximum speed of 10 miles per hour on

283 sidewalks and crosswalks and 20 miles per hour on bicycle lanes

284 or bicycle paths or on the shoulders of streets, roadways, or

285 highways, not including limited access facilities ; and

286 (d) Is equipped with technology to allow for operation of

287 the device with or without the active control or monitoring of a

288 natural person.

290 A personal delivery device is not considered a vehicle unless

291 expressly defined by law as a vehicle. A mobile carrier is not

292 considered a personal delivery device. The Department of

293 Transportation may adopt rules to implement this subsection.

294 Section 6. Paragraph (b) of subsection (7) of section

295 316.008, Florida Statutes, is amended, and paragraph (c) is

296 added to that subsection, to read:

297 316.008 Powers of local authorities.—

298 (7)

299 (b)1. Except as provided in subparagraphs 2. and 3.

300 ~~subparagraph 2.~~ , a personal delivery device may be operated on

301 sidewalks, crosswalks, bicycle lanes, and bicycle paths and on

302 the shoulders of streets, roadways, and highways, not including

303 limited access facilities, and a mobile carrier may be operated

304 on sidewalks and crosswalks within a county or municipality when

305 such use is permissible under federal law. This subparagraph

306 ~~paragraph~~ does not restrict a county or municipality from

307 otherwise adopting regulations for the safe operation of

308 personal delivery devices and mobile carriers in a manner

309 consistent with this chapter .

310 2. A personal delivery device may not be operated on the

311 Florida Shared-Use Nonmotorized Trail Network created under s.

312 339.81 or components of the Florida Greenways and Trails System

313 created under chapter 260 or in state forests, state parks, or

314 wildlife management areas .

315 3. A personal delivery device or mobile carrier may not be

316 operated within a theme park or entertainment complex as defined

317 in s. 509.013(9), a state correctional institution as defined in

318 s. 944.02, a county detention facility, a county residential

319 probation center, a municipal detention facility, a reduced

320 custody housing area as defined in s. 951.23(1), or a detention

321 center or facility as defined in s. 985.03.

322 (c) A county or municipality may not enact, impose, levy,

323 collect, or enforce:

324 1. An operating fee for personal delivery devices, except

325 as expressly authorized by general law; or

326 2. An advertising regulation that restricts, prohibits,

327 conditions, or otherwise limits commercial advertising on

328 personal delivery devices.

329 Section 7. Paragraph (a) of subsection (1) and subsection

330 (3) of section 316.126, Florida Statutes, are amended to read:

331 316.126 Operation of vehicles and actions of pedestrians;

332 approach of authorized emergency, sanitation, or utility service

333 vehicle, wrecker, or road and bridge maintenance or construction

334 vehicle; presence of disabled motor vehicle.—

335 (1)(a) Upon the immediate approach of an authorized

336 emergency vehicle, while en route to meet an existing emergency,

337 the driver of every other vehicle shall, when such emergency

338 vehicle is giving audible signals by siren, exhaust whistle, or

339 other adequate device , or visible signals by the use of

340 flashing, oscillating, rotating, or similarly activated

341 ~~displayed~~ blue or red lights, yield the right-of-way to the

342 emergency vehicle and shall immediately proceed to a position

343 parallel to, and as close as reasonable to the closest edge of

344 the curb of the roadway, clear of any intersection and shall

345 stop and remain in position until the authorized emergency

346 vehicle has passed, unless otherwise directed by a law

347 enforcement officer. The use of cruise lights by an authorized

348 emergency vehicle is not a visible signal that requires a driver

349 to yield the right-of-way. For purposes of this paragraph, the

350 term “cruise lights” means low intensity, continuously

351 illuminated blue or red lights displayed on an authorized

352 emergency vehicle which remain on while the vehicle is in

353 service but not actively engaged in an emergency response.

354 (3) An authorized emergency vehicle, when en route to meet

355 an existing emergency, shall warn all other vehicular traffic

356 along the emergency route by an audible signal, siren, exhaust

357 whistle, or other adequate device or by a visible signal by the

358 use of flashing, oscillating, rotating, or similarly activated

359 ~~displayed~~ blue or red lights. While en route to such emergency,

360 the emergency vehicle shall otherwise proceed in a manner

361 consistent with the laws regulating vehicular traffic upon the

362 highways of this state.

363 Section 8. Subsections (1) and (3) of section 316.2071,

364 Florida Statutes, are amended, and subsections (5) and (6) are

365 added to that section, to read:

366 316.2071 Personal delivery devices and mobile carriers.—

367 (1) Notwithstanding any other provision of law ~~to the~~

368 ~~contrary~~ , a personal delivery device may operate on sidewalks,

369 crosswalks, bicycle lanes, and bicycle paths and on the

370 shoulders of streets, roadways, and highways, not including

371 limited access facilities, and a or mobile carrier may operate

372 on sidewalks and crosswalks, subject to s. 316.008(7)(b). A

373 personal delivery device or mobile carrier operating on a

374 sidewalk or crosswalk has all the rights and duties applicable

375 to a pedestrian under the same circumstances . A ~~, except that the~~

376 personal delivery device or mobile carrier may ~~must~~ not

377 unreasonably interfere with pedestrians , bicycles, or motor

378 vehicles ~~traffic~~ and must yield the right-of-way to pedestrians

379 ~~on the sidewalk or crosswalk~~ .

380 (3) (a) A personal delivery device ~~and a mobile carrier~~ may

381 not do any of the following :

382 1. ~~(a)~~ Operate on a sidewalk, crosswalk, bicycle lane, or

383 bicycle path or on the shoulder of a street, roadway, or highway

384 unless the personal delivery device meets minimum criteria

385 established by the Department of Transportation and a human

386 operator is capable of controlling and monitoring the navigation

387 and operation of the personal delivery device ~~public highway~~

388 ~~except to the extent necessary to cross a crosswalk~~ .

389 2. Transport hazardous materials as defined in s. 316.003.

390 3. Operate on a limited access facility.

391 (b) A mobile carrier may not do any of the following:

392 1. Operate on a public highway except to the extent

393 necessary to cross a crosswalk.

394 2. Operate on a sidewalk or crosswalk unless the ~~personal~~

395 ~~delivery device operator is actively controlling or monitoring~~

396 ~~the navigation and operation of the personal delivery device or~~

397 a mobile carrier owner remains within 25 feet of the mobile

398 carrier.

399 3. ~~(c)~~ Transport hazardous materials as defined in s.

400 316.003.

401 4. ~~(d)~~ ~~For mobile carriers,~~ Transport persons or animals.

402 (5) A personal delivery device or mobile carrier may not

403 operate within a theme park or entertainment complex as defined

404 in s. 509.013(9), a state correctional institution as defined in

405 s. 944.02, a county detention facility, a county residential

406 probation center, a municipal detention facility, a reduced

407 custody housing area as defined in s. 951.23(1), or a detention

408 center or facility as defined in s. 985.03.

409 (6) The Department of Transportation may adopt rules to

410 implement this section.

411 Section 9. Subsection (9) of section 318.14, Florida

412 Statutes, is amended to read:

413 318.14 Noncriminal traffic infractions; exception;

414 procedures.—

415 (9) Any person who does not hold a commercial driver

416 license or commercial learner’s permit and who is cited while

417 driving a noncommercial motor vehicle for an infraction under

418 this section other than a violation of s. 316.183(2), s.

419 316.187, or s. 316.189 when the driver exceeds the posted limit

420 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or

421 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in

422 lieu of a court appearance, elect to attend in the location of

423 his or her choice within this state a basic driver improvement

424 course approved by the Department of Highway Safety and Motor

425 Vehicles. In such a case, adjudication must be withheld, any

426 civil penalty that is imposed by s. 318.18(3) must be reduced by

427 18 percent, and points, as provided by s. 322.27, may not be

428 assessed. However, a person may not make an election under this

429 subsection if the person has made an election under this

430 subsection in the preceding 12 months or has made more than

431 eight elections under this subsection in the preceding 20 years .

432 ~~A person may not make more than eight elections within his or~~

433 ~~her lifetime under this subsection.~~ The requirement for

434 community service under s. 318.18(8) is not waived by a plea of

435 nolo contendere or by the withholding of adjudication of guilt

436 by a court.

437 Section 10. Paragraph (b) of subsection (1) of section

438 320.06, Florida Statutes, is amended to read:

439 320.06 Registration certificates, license plates, and

440 validation stickers generally.—

441 (1)

442 (b)1. Registration license plates bearing a graphic symbol

443 and the alphanumeric system of identification shall be issued

444 for a 10-year period. At the end of the 10-year period, upon

445 renewal, the plate shall be replaced. The department shall

446 extend the scheduled license plate replacement date from a 6

447 year period to a 10-year period. The fee for such replacement is

448 $28, $2.80 of which shall be paid each year before the plate is

449 replaced, to be credited toward the next $28 replacement fee.

450 The fees shall be deposited into the Highway Safety Operating

451 Trust Fund. A credit or refund may not be given for any prior

452 years’ payments of the prorated replacement fee if the plate is

453 replaced or surrendered before the end of the 10-year period,

454 except that a credit may be given if a registrant is required by

455 the department to replace a license plate under s.

456 320.08056(8)(a). With each license plate, a validation sticker

457 shall be issued showing the owner’s birth month, license plate

458 number, and the year of expiration or the appropriate renewal

459 period if the owner is not a natural person. The validation

460 sticker shall be placed on the upper right corner of the license

461 plate. The license plate and validation sticker shall be issued

462 based on the applicant’s appropriate renewal period. The

463 registration period is 12 months, the extended registration

464 period is 24 months, and all expirations occur based on the

465 applicant’s appropriate registration period. Rental vehicles

466 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed

467 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) ~~(4)(a)-(d)~~ may

468 elect a permanent registration period, provided payment of the

469 appropriate license taxes and fees occurs annually.

470 2. Beginning July 1, 2024, a vehicle registered in

471 accordance with the International Registration Plan must be

472 issued a license plate for a 3-year period. At the end of the 3

473 year period, upon renewal, the license plate must be replaced.

474 Each license plate must include a validation sticker showing the

475 month of expiration. A cab card denoting the declared gross

476 vehicle weight for each apportioned jurisdiction must be issued

477 annually. The fee for an original or a renewal cab card is $28,

478 which must be deposited into the Highway Safety Operating Trust

479 Fund. If the license plate is damaged or worn, it may be

480 replaced at no charge by applying to the department and

481 surrendering the current license plate.

482 3. In order to retain the efficient administration of the

483 taxes and fees imposed by this chapter, the 80-cent fee increase

484 in the replacement fee imposed by chapter 2009-71, Laws of

485 Florida, is negated as provided in s. 320.0804.

486 Section 11. Section 322.032, Florida Statutes, is repealed.

487 Section 12. Section 322.059, Florida Statutes, is amended

488 to read:

489 322.059 Mandatory surrender of suspended driver license and

490 registration.—A person whose driver license or registration has

491 been suspended as provided in s. 322.058 must immediately return

492 his or her driver license and registration to the Department of

493 Highway Safety and Motor Vehicles. ~~The department shall~~

494 ~~invalidate the digital proof of driver license issued pursuant~~

495 ~~to s. 322.032 for such person.~~ If such person fails to return

496 his or her driver license or registration, a law enforcement

497 agent may seize the license or registration while the driver

498 license or registration is suspended.

499 Section 13. Subsection (1) of section 322.15, Florida

500 Statutes, is amended to read:

501 322.15 License to be carried and exhibited on demand;

502 fingerprint to be imprinted upon a citation.—

503 (1) Every licensee shall have his or her driver license,

504 which must be fully legible with no portion of such license

505 faded, altered, mutilated, or defaced, in his or her immediate

506 possession at all times when operating a motor vehicle and shall

507 present or submit the same upon the demand of a law enforcement

508 officer or an authorized representative of the department. A

509 ~~licensee may present or submit a digital proof of driver license~~

510 ~~as provided in s. 322.032 in lieu of his or her printed driver~~

511 ~~license; however, if the law enforcement officer or authorized~~

512 ~~representative of the department is unable to immediately verify~~

513 ~~the digital proof of driver license, upon the demand of the law~~

514 ~~enforcement officer or authorized representative of the~~

515 ~~department, the licensee must present or submit his or her~~

516 ~~printed driver license.~~

517 Section 14. Section 324.252, Florida Statutes, is repealed.

518 Section 15. Present paragraph (d) of subsection (3) of

519 section 330.41, Florida Statutes, is redesignated as paragraph

520 (f), a new paragraph (d) and paragraph (e) are added to that

521 subsection, and paragraph (c) of that subsection is amended, to

522 read:

523 330.41 Unmanned Aircraft Systems Act.—

524 (3) REGULATION.—

525 (c) Except as otherwise expressly provided, a political

526 subdivision may not withhold issuance of a business tax receipt,

527 development permit, or other land use approval to a drone

528 delivery service on a commercial property or enact or enforce an

529 ordinance or a resolution that prohibits a drone delivery

530 service’s operation ~~based on the location of its drone port~~ ,

531 notwithstanding part II of chapter 163 and chapter 205. A

532 political subdivision may enforce minimum setback and

533 landscaping regulations that are generally applicable to

534 permitted uses in the applicable ~~drone port site’s~~ zoning

535 district. This paragraph may not be construed to authorize a

536 political subdivision to require additional landscaping as a

537 condition of approval of a drone delivery service on a

538 commercial property ~~port~~ .

539 (d)1. For the purpose of this paragraph, the term “major

540 theme park or entertainment complex” means a complex comprised

541 of at least 75 acres of land with permanent exhibitions and a

542 variety of recreational activities, which has at least 1 million

543 visitors annually who pay admission fees thereto, together with

544 any lodging, dining, and recreational facilities located

545 adjacent to, contiguous to, or in close proximity to the

546 complex, as long as the owner and operator of the complex, or a

547 parent or related company or subsidiary thereof, has an equity

548 interest in the lodging, dining, or recreational facilities or

549 is in privity therewith.

550 2. A drone delivery service is prohibited from operating

551 over or delivering to a major theme park or entertainment

552 complex without express written approval provided by the owner

553 of the major theme park or entertainment complex to the owner or

554 operator of the drone delivery device.

555 (e) The addition of a drone delivery service within the

556 parking area of a commercial property does not reduce the number

557 of parking spaces in the parking area for the purpose of

558 complying with any requirement for a minimum number of parking

559 spaces.

560 Section 16. Subsection (1) of section 332.001, Florida

561 Statutes, is amended to read:

562 332.001 Aviation; powers and duties of the Department of

563 Transportation.—

564 (1) It shall be the duty, function, and responsibility of

565 the Department of Transportation to plan and direct investments

566 in airport systems in this state to facilitate the efficient

567 movement of passengers and cargo and to continuously improve the

568 experience for the flying public and the supply chain of this

569 state’s businesses . In carrying out this duty and

570 responsibility, the department may assist and advise, cooperate,

571 and coordinate with the federal, state, local, or private

572 organizations and individuals in planning such systems of

573 airports.

574 Section 17. Subsection (10) is added to section 332.006,

575 Florida Statutes, to read:

576 332.006 Duties and responsibilities of the Department of

577 Transportation.—The Department of Transportation shall, within

578 the resources provided to the department:

579 (10) Coordinate with commercial service airports in this

580 state to review and evaluate policies and programs of the United

581 States Transportation Security Administration, including, but

582 not limited to, security screening programs and programs for

583 veterans and active duty servicemembers and their families, to

584 improve efficiency in airport operations and the overall

585 experience of the traveling public.

586 Section 18. Present subsections (4), (5), and (6) of

587 section 332.0075, Florida Statutes, are redesignated as

588 subsections (5), (6), and (7), respectively, and a new

589 subsection (4) is added to that section, to read:

590 332.0075 Commercial service airports; transparency and

591 accountability; penalty.—

592 (4) Notwithstanding any other provision of law, a

593 commercial service airport must develop a plan for obtaining and

594 maintaining critical infrastructure resources for the airport,

595 its tenants, and the traveling public. Such plans must include

596 long-term contracts and rights of first refusal regarding the

597 sale of and contingency plans for such resources. For purposes

598 of this subsection, the term “critical infrastructure resources”

599 includes, but is not limited to, access to electricity, fuel,

600 and water resources.

601 Section 19. Present subsections (1) through (37) of section

602 334.03, Florida Statutes, are redesignated as subsections (2)

603 through (38), respectively, a new subsection (1) is added to

604 that section, and present subsection (29) of that section is

605 amended, to read:

606 334.03 Definitions.—When used in the Florida Transportation

607 Code, the term:

608 (1) “Advanced air mobility corridor connection point” means

609 any land area or transportation facility, including any

610 airspace, designated by the department as suitable to support

611 the efficient movement of people and goods by use as a

612 connection point for advanced air mobility.

613 (30) ~~(29)~~ “Transportation corridor” means any advanced air

614 mobility corridor connection point or any land area designated

615 by the state, a county, or a municipality which is between two

616 geographic points and which area is used or suitable for the

617 movement of people and goods by one or more modes of

618 transportation, including areas necessary for management of

619 access and securing applicable approvals and permits.

620 Transportation corridors , other than advanced air mobility

621 corridor connection points, shall contain, but are not limited

622 to, the following:

623 (a) Existing publicly owned rights-of-way;

624 (b) All property or property interests necessary for future

625 transportation facilities, including rights of access, air,

626 view, and light, whether public or private, for the purpose of

627 securing and utilizing future transportation rights-of-way,

628 including, but not limited to, any lands reasonably necessary

629 now or in the future for securing applicable approvals and

630 permits, borrow pits, drainage ditches, water retention areas,

631 rest areas, replacement access for landowners whose access could

632 be impaired due to the construction of a future facility, and

633 replacement rights-of-way for relocation of rail and utility

634 facilities.

635 Section 20. Subsections (5), (20), and (21) of section

636 334.044, Florida Statutes, are amended, and subsections (40) and

637 (41) are added to that section, to read:

638 334.044 Powers and duties of the department.—The department

639 shall have the following general powers and duties:

640 (5) To purchase, lease, or otherwise acquire property and

641 materials, including the purchase of promotional items as part

642 of public information and education campaigns for the promotion

643 of environmental management, scenic highways, traffic and train

644 safety awareness, commercial motor vehicle safety, workforce

645 development, transportation-related economic development

646 opportunities, advanced air mobility ~~electric vehicle use and~~

647 ~~charging stations~~ , autonomous vehicles, and context

648 classification for electric vehicles and autonomous vehicles; to

649 purchase, lease, or otherwise acquire equipment and supplies;

650 and to sell, exchange, or otherwise dispose of any property that

651 is no longer needed by the department.

652 (20) To operate and maintain designated research

653 facilities, to conduct and enter into contracts and agreements

654 for conducting research studies, and to collect data necessary

655 for the improvement of the state transportation system.

656 (21) To conduct and enter into contracts and agreements for

657 conducting research and demonstration projects relative to

658 innovative transportation technologies.

659 (40) To require local governments to submit applications

660 for federal funding for projects on state-owned rights-of-way,

661 roads, bridges, and limited access facilities to the department

662 for review and approval before submission of such applications

663 to the Federal Government.

664 (41) Notwithstanding any other law, to acquire, own,

665 construct, or operate, or any combination thereof, one or more

666 airports as defined in s. 330.27 for the purpose of supporting

667 advanced air mobility. The acquisition of a publicly owned

668 airport by the department must be approved by the governing body

669 of the airport. The department may adopt rules to implement this

670 subsection.

671 Section 21. Section 334.64, Florida Statutes, is created to

672 read:

673 334.64 Department to serve as primary point of contact for

674 LiDAR procurement.—Notwithstanding s. 20.255(9), the department

675 shall serve as the primary point of contact for statewide

676 topographic aerial LiDAR procurement and cost sharing related to

677 statewide geographic information systems and geospatial data

678 sharing. The department may provide these services to other

679 state and local governmental entities by entering into an

680 interagency agreement consistent with chapter 216.

681 Notwithstanding any other provision of law, including any

682 charter, ordinance, statute, or special law, all state agencies

683 and local governmental entities conducting programs or

684 exercising powers relating to topographic aerial LiDAR mapping

685 are authorized to enter into an interagency agreement with the

686 department for the provision by the department of topographic

687 aerial LiDAR procurement and cost-sharing services, and to

688 delegate such authority to conduct programs or exercise powers

689 relating to topographic aerial LiDAR procurement and cost

690 sharing services to the department pursuant to such interagency

691 agreements. The department may adopt rules to implement this

692 section.

693 Section 22. Paragraphs (a) and (i) of subsection (3) and

694 paragraphs (b), (d), and (r) of subsection (7) of section

695 337.401, Florida Statutes, are amended to read:

696 337.401 Use of right-of-way for utilities subject to

697 regulation; permit; fees.—

698 (3)(a) Because of the unique circumstances applicable to

699 providers of communications services, including, but not limited

700 to, the circumstances described in paragraph (e) and the fact

701 that federal and state law require the nondiscriminatory

702 treatment of providers of telecommunications services, and

703 because of the desire to promote competition among providers of

704 communications services, it is the intent of the Legislature

705 that municipalities and counties treat providers of

706 communications services in a nondiscriminatory and competitively

707 neutral manner when imposing rules or regulations governing the

708 placement or maintenance of communications facilities in the

709 public roads or rights-of-way. Rules or regulations imposed by a

710 municipality or county relating to providers of communications

711 services placing or maintaining communications facilities in its

712 roads or rights-of-way must be generally applicable to all

713 providers of communications services, taking into account the

714 distinct engineering, construction, operation, maintenance,

715 public works, and safety requirements of the provider’s

716 facilities, and, notwithstanding any other law, may not require

717 a provider of communications services to apply for or enter into

718 an individual license, franchise, or other agreement with the

719 municipality or county as a condition of placing or maintaining

720 communications facilities in its roads or rights-of-way. In

721 addition to other reasonable rules or regulations that a

722 municipality or county may adopt relating to the placement or

723 maintenance of communications facilities in its roads or rights

724 of-way under this subsection or subsection (7), a municipality

725 or county may require a provider of communications services that

726 places or seeks to place facilities in its roads or rights-of

727 way to register with the municipality or county. To register, a

728 provider of communications services may be required only to

729 provide its name; the name, address, and telephone number of a

730 contact person for the registrant; the number of the

731 registrant’s current certificate of authorization issued by the

732 Florida Public Service Commission, the Federal Communications

733 Commission, or the Department of State; a statement of whether

734 the registrant is a pass-through provider as defined in

735 subparagraph (6)(a)1.; the registrant’s federal employer

736 identification number; and any required proof of insurance or

737 self-insuring status adequate to defend and cover claims. A

738 municipality or county may not require a registrant to renew a

739 registration more frequently than every 5 years but may require

740 during this period that a registrant update the registration

741 information provided under this subsection within 90 days after

742 a change in such information. A municipality or county may not

743 require the registrant to provide an inventory of communications

744 facilities, maps, locations of such facilities, or other

745 information by a registrant as a condition of registration,

746 renewal, or for any other purpose; provided, however, that a

747 municipality or county may require as part of a permit

748 application that the applicant identify at-grade communications

749 facilities within 50 feet of the proposed installation location

750 for the placement of at-grade communications facilities. A

751 municipality or county may not require that a provider locate or

752 perform a survey of any facilities except its own or any right

753 of-way boundary when requesting a permit consistent with chapter

754 556. If the owner of a facility fails to locate their facilities

755 as required under chapter 556, a provider may proceed with the

756 work but must use reasonable care and detection equipment or

757 other acceptable means to avoid damaging existing underground

758 facilities. A municipality or county may not require a provider

759 to pay any fee, cost, or other charge for registration or

760 renewal thereof. A municipality or county may not limit the

761 number of permits in any way, including by project size or by

762 limiting the number of open permits or applications, provided

763 that the permit is closed out within 45 days after the

764 provider’s completion of work. A municipality or county may

765 require the submission or maintenance of a bond or other

766 financial instrument as set out in this section but may not

767 require a cash deposit or other escrow, payment, or exaction as

768 a condition of issuing a permit. It is the intent of the

769 Legislature that the placement, operation, maintenance,

770 upgrading, and extension of communications facilities not be

771 unreasonably interrupted or delayed through the permitting or

772 other local regulatory process. Except as provided in this

773 chapter or otherwise expressly authorized by chapter 202,

774 chapter 364, or chapter 610, a municipality or county may not

775 adopt or enforce any ordinance, regulation, or requirement as to

776 the placement or operation of communications facilities in a

777 right-of-way by a communications services provider authorized by

778 state or local law to operate in a right-of-way; regulate any

779 communications services; or impose or collect any tax, fee,

780 cost, charge, or exaction for the placement of communications

781 facilities or the provision of communications services over the

782 communications services provider’s communications facilities in

783 a right-of-way.

784 (i) Except as expressly provided in this section, this

785 section does not modify the authority of municipalities and

786 counties to levy the tax authorized in chapter 202 or the duties

787 of providers of communications services under ss. 337.402

788 337.404. This section does not apply to ~~building permits,~~ pole

789 attachments, or private roads, private easements, ~~and~~ private

790 rights-of-way , or building permits unrelated to the placement of

791 communications facilities .

792 (7)

793 (b) As used in subsections (3)-(9) ~~this subsection~~ , the

794 term:

795 1. “Antenna” means communications equipment that transmits

796 or receives electromagnetic radio frequency signals used in

797 providing wireless services.

798 2. “Applicable codes” means uniform building, fire,

799 electrical, plumbing, or mechanical codes adopted by a

800 recognized national code organization or local amendments to

801 those codes enacted solely to address threats of destruction of

802 property or injury to persons, and includes the National

803 Electric Safety Code and the 2017 edition of the Florida

804 Department of Transportation Utility Accommodation Manual.

805 3. “Applicant” means a person who submits an application

806 and is a wireless provider.

807 4. “Application” means a request submitted by an applicant

808 to an authority for a permit to collocate small wireless

809 facilities , ~~or to~~ place a new utility pole used to support a

810 small wireless facility , or place other communications

811 facilities. An authority’s permit application form or process

812 must include all required permissions, however designated,

813 required by the authority to grant a permit to place

814 communications facilities, including, but not limited to, right

815 of-way occupancy, building permits, electrical permits, or

816 historic review .

817 5. “Authority” means a county or municipality having

818 jurisdiction and control of the rights-of-way of any public

819 road. The term does not include the Department of

820 Transportation. Rights-of-way under the jurisdiction and control

821 of the department are excluded from this subsection.

822 6. “Authority utility pole” means a utility pole owned by

823 an authority in the right-of-way. The term does not include a

824 utility pole owned by a municipal electric utility, a utility

825 pole used to support municipally owned or operated electric

826 distribution facilities, or a utility pole located in the right

827 of-way within:

828 a. A retirement community that:

829 (I) Is deed restricted as housing for older persons as

830 defined in s. 760.29(4)(b);

831 (II) Has more than 5,000 residents; and

832 (III) Has underground utilities for electric transmission

833 or distribution.

834 b. A municipality that:

835 (I) Is located on a coastal barrier island as defined in s.

836 161.053(1)(b)3.;

837 (II) Has a land area of less than 5 square miles;

838 (III) Has less than 10,000 residents; and

839 (IV) Has, before July 1, 2017, received referendum approval

840 to issue debt to finance municipal-wide undergrounding of its

841 utilities for electric transmission or distribution.

842 7. “Collocate” or “collocation” means to install, mount,

843 maintain, modify, operate, or replace one or more wireless

844 facilities on, under, within, or adjacent to a wireless support

845 structure or utility pole. The term does not include the

846 installation of a new utility pole or wireless support structure

847 in the public rights-of-way.

848 8. “FCC” means the Federal Communications Commission.

849 9. “Micro wireless facility” means a small wireless

850 facility having dimensions no larger than 24 inches in length,

851 15 inches in width, and 12 inches in height and an exterior

852 antenna, if any, no longer than 11 inches.

853 10. “Small wireless facility” means a wireless facility

854 that meets the following qualifications:

855 a. Each antenna associated with the facility is located

856 inside an enclosure of no more than 6 cubic feet in volume or,

857 in the case of antennas that have exposed elements, each antenna

858 and all of its exposed elements could fit within an enclosure of

859 no more than 6 cubic feet in volume; and

860 b. All other wireless equipment associated with the

861 facility is cumulatively no more than 28 cubic feet in volume.

862 The following types of associated ancillary equipment are not

863 included in the calculation of equipment volume: electric

864 meters, concealment elements, telecommunications demarcation

865 boxes, ground-based enclosures, grounding equipment, power

866 transfer switches, cutoff switches, vertical cable runs for the

867 connection of power and other services, and utility poles or

868 other support structures.

869 11. “Utility pole” means a pole or similar structure that

870 is used in whole or in part to provide communications services

871 or for electric distribution, lighting, traffic control,

872 signage, or a similar function. The term includes the vertical

873 support structure for traffic lights but does not include a

874 horizontal structure to which signal lights or other traffic

875 control devices are attached and does not include a pole or

876 similar structure 15 feet in height or less unless an authority

877 grants a waiver for such pole.

878 12. “Wireless facility” means equipment at a fixed location

879 which enables wireless communications between user equipment and

880 a communications network, including radio transceivers,

881 antennas, wires, coaxial or fiber-optic cable or other cables,

882 regular and backup power supplies, and comparable equipment,

883 regardless of technological configuration, and equipment

884 associated with wireless communications. The term includes small

885 wireless facilities. The term does not include:

886 a. The structure or improvements on, under, within, or

887 adjacent to the structure on which the equipment is collocated;

888 b. Wireline backhaul facilities; or

889 c. Coaxial or fiber-optic cable that is between wireless

890 structures or utility poles or that is otherwise not immediately

891 adjacent to or directly associated with a particular antenna.

892 13. “Wireless infrastructure provider” means a person who

893 has been certificated under chapter 364 to provide

894 telecommunications service or under chapter 610 to provide cable

895 or video services in this state, or that person’s affiliate, and

896 who builds or installs wireless communication transmission

897 equipment, wireless facilities, or wireless support structures

898 but is not a wireless services provider.

899 14. “Wireless provider” means a wireless infrastructure

900 provider or a wireless services provider.

901 15. “Wireless services” means any services provided using

902 licensed or unlicensed spectrum, whether at a fixed location or

903 mobile, using wireless facilities.

904 16. “Wireless services provider” means a person who

905 provides wireless services.

906 17. “Wireless support structure” means a freestanding

907 structure, such as a monopole, a guyed or self-supporting tower,

908 or another existing or proposed structure designed to support or

909 capable of supporting wireless facilities. The term does not

910 include a utility pole, pedestal, or other support structure for

911 ground-based equipment not mounted on a utility pole and less

912 than 5 feet in height.

913 (d) An authority may require a registration process and

914 permit fees in accordance with subsection (3). An authority

915 shall accept applications for permits and shall process and

916 issue permits subject to the following requirements:

917 1. An authority may not directly or indirectly require an

918 applicant to perform services unrelated to the collocation for

919 which approval is sought, such as in-kind contributions to the

920 authority, including reserving fiber, conduit, or pole space for

921 the authority.

922 2. An applicant may not be required to provide more

923 information to obtain a permit than is necessary to demonstrate

924 the applicant’s compliance with applicable codes for the

925 placement of small wireless facilities in the locations

926 identified in the application. An applicant may not be required

927 to provide inventories, maps, or locations of communications

928 facilities in the right-of-way other than as necessary to avoid

929 interference with other at-grade or aerial facilities located at

930 the specific location proposed for a small wireless facility or

931 within 50 feet of such location.

932 3. An authority may not:

933 a. Require the placement of small wireless facilities on

934 any specific utility pole or category of poles;

935 b. Require the placement of multiple antenna systems on a

936 single utility pole;

937 c. Require a demonstration that collocation of a small

938 wireless facility on an existing structure is not legally or

939 technically possible as a condition for granting a permit for

940 the collocation of a small wireless facility on a new utility

941 pole except as provided in paragraph (i);

942 d. Require compliance with an authority’s provisions

943 regarding placement of communications facilities, including

944 small wireless facilities or a new utility poles ~~pole~~ used to

945 support a small wireless facilities, ~~facility~~ in rights-of-way

946 under the control of the department unless the authority has

947 received a delegation from the department for the location of

948 the small wireless facility or utility pole ; , or require such

949 compliance as a condition to receive a permit that is ancillary

950 to the permit for collocation of a small wireless facility,

951 including an electrical permit;

952 e. Require a meeting before filing an application;

953 f. Require direct or indirect public notification or a

954 public meeting for the placement of communication facilities in

955 the right-of-way;

956 g. Limit the size or configuration of a small wireless

957 facility or any of its components, if the small wireless

958 facility complies with the size limits in this subsection;

959 h. Prohibit the installation of a new utility pole used to

960 support the collocation of a small wireless facility if the

961 installation otherwise meets the requirements of this

962 subsection; or

963 i. Require that any component of a small wireless facility

964 be placed underground except as provided in paragraph (i) ; or

965 j. Require compliance with provisions regarding the

966 placement of communications facilities, including small wireless

967 facilities or new utility poles used to support small wireless

968 facilities, in rights-of-way not owned and controlled by the

969 authority and public utility easements that are within areas not

970 owned and controlled by the authority unless a permit delegation

971 agreement exists between the authority and the owner of the

972 right-of-way or area that contains the public utility easement .

973 4. Subject to paragraph (r), an authority may not limit the

974 placement, by minimum separation distances, of small wireless

975 facilities, utility poles on which small wireless facilities are

976 or will be collocated, or other at-grade communications

977 facilities. However, within 14 days after the date of filing the

978 application, an authority may request that the proposed location

979 of a small wireless facility be moved to another location in the

980 right-of-way and placed on an alternative authority utility pole

981 or support structure or placed on a new utility pole. The

982 authority and the applicant may negotiate the alternative

983 location, including any objective design standards and

984 reasonable spacing requirements for ground-based equipment, for

985 30 days after the date of the request. At the conclusion of the

986 negotiation period, if the alternative location is accepted by

987 the applicant, the applicant must notify the authority of such

988 acceptance and the application shall be deemed granted for any

989 new location for which there is agreement and all other

990 locations in the application. If an agreement is not reached,

991 the applicant must notify the authority of such nonagreement and

992 the authority must grant or deny the original application within

993 90 days after the date the application was filed. A request for

994 an alternative location, an acceptance of an alternative

995 location, or a rejection of an alternative location must be in

996 writing and provided by electronic mail.

997 5. An authority shall limit the height of a small wireless

998 facility to 10 feet above the utility pole or structure upon

999 which the small wireless facility is to be collocated. Unless

1000 waived by an authority, the height for a new utility pole is

1001 limited to the tallest existing utility pole as of July 1, 2017,

1002 located in the same right-of-way, other than a utility pole for

1003 which a waiver has previously been granted, measured from grade

1004 in place within 500 feet of the proposed location of the small

1005 wireless facility. If there is no utility pole within 500 feet,

1006 the authority shall limit the height of the utility pole to 50

1007 feet.

1008 6. The installation by a communications services provider

1009 of a utility pole in the public rights-of-way, other than a

1010 utility pole used to support a small wireless facility, is

1011 subject to authority rules or regulations governing the

1012 placement of utility poles in the public rights-of-way.

1013 7. Within 14 days after receiving an application, an

1014 authority must determine and notify the applicant by electronic

1015 mail as to whether the application is complete. If an

1016 application is deemed incomplete, the authority must

1017 specifically identify the missing information. An application is

1018 deemed complete if the authority fails to provide notification

1019 to the applicant within 14 days.

1020 8. An application must be processed on a nondiscriminatory

1021 basis. A complete application is deemed approved if an authority

1022 fails to approve or deny the application within 60 days after

1023 receipt of the application. If an authority does not use the 30

1024 day negotiation period provided in subparagraph 4., the parties

1025 may mutually agree to extend the 60-day application review

1026 period. The authority shall grant or deny the application at the

1027 end of the extended period. A permit issued pursuant to an

1028 approved application shall remain effective for 1 year unless

1029 extended by the authority.

1030 9. An authority must notify the applicant of approval or

1031 denial by electronic mail. An authority shall approve a complete

1032 application unless it does not meet the authority’s applicable

1033 codes. If the application is denied, the authority must specify

1034 in writing the basis for denial, including the specific code

1035 provisions on which the denial was based, and send the

1036 documentation to the applicant by electronic mail on the day the

1037 authority denies the application. The applicant may cure the

1038 deficiencies identified by the authority and resubmit the

1039 application within 30 days after notice of the denial is sent to

1040 the applicant. The authority shall approve or deny the revised

1041 application within 30 days after receipt or the application is

1042 deemed approved. The review of a revised application is limited

1043 to the deficiencies cited in the denial. If an authority

1044 provides for administrative review of the denial of an

1045 application, the review must be complete and a written decision

1046 issued within 45 days after a written request for review is

1047 made. A denial must identify the specific code provisions on

1048 which the denial is based. If the administrative review is not

1049 complete within 45 days, the authority waives any claim

1050 regarding failure to exhaust administrative remedies in any

1051 judicial review of the denial of an application.

1052 10. An applicant seeking to collocate small wireless

1053 facilities within the jurisdiction of a single authority may, at

1054 the applicant’s discretion, file a consolidated application and

1055 receive a single permit for the collocation of up to 30 small

1056 wireless facilities. If the application includes multiple small

1057 wireless facilities, an authority may separately address small

1058 wireless facility collocations for which incomplete information

1059 has been received or which are denied.

1060 11. An authority may deny an application to collocate a

1061 small wireless facility or place a utility pole used to support

1062 a small wireless facility in the public rights-of-way if the

1063 proposed small wireless facility or utility pole used to support

1064 a small wireless facility:

1065 a. Materially interferes with the safe operation of traffic

1066 control equipment.

1067 b. Materially interferes with sight lines or clear zones

1068 for transportation, pedestrians, or public safety purposes.

1069 c. Materially interferes with compliance with the Americans

1070 with Disabilities Act or similar federal or state standards

1071 regarding pedestrian access or movement.

1072 d. Materially fails to comply with the 2017 edition of the

1073 Florida Department of Transportation Utility Accommodation

1074 Manual.

1075 e. Fails to comply with applicable codes.

1076 f. Fails to comply with objective design standards

1077 authorized under paragraph (r).

1078 12. An authority may adopt by ordinance provisions for

1079 insurance coverage, indemnification, force majeure, abandonment,

1080 authority liability, or authority warranties. Such provisions

1081 must be reasonable and nondiscriminatory and apply to all

1082 providers of communications services, including, if applicable,

1083 any local government or nonprofit providers . An authority may

1084 require a construction bond to secure restoration of the

1085 postconstruction rights-of-way to the preconstruction condition.

1086 However, such bond must be time-limited to not more than 18

1087 months after the construction to which the bond applies is

1088 completed , and such bond must be reasonably related to the cost

1089 to secure restoration of the rights-of-way. An authority may not

1090 limit the number of permits allowed under the same bond . For any

1091 financial obligation required by an authority allowed under this

1092 section, the authority may not limit the number of permits in

1093 any way, including by project size or by limiting the number of

1094 applications or open permits, provided that the permit is closed

1095 out within 45 days after the provider’s completion of work; may

1096 not impose additional requirements based on the scope or linear

1097 feet of the project; and shall accept , at the option of the

1098 applicant, a bond or a letter of credit or similar financial

1099 instrument issued by any financial institution that is

1100 authorized to do business within the United States and ~~, provided~~

1101 that a claim against the financial instrument may be made by

1102 electronic means ~~, including by facsimile~~ . An authority may not

1103 require a deposit or escrow of cash as a condition of issuing a

1104 permit or compel the applicant to agree to any additional terms

1105 or agreements not specifically authorized by this act or

1106 directly related to the work set out in the application. A

1107 provider of communications services may add an authority to any

1108 existing bond, insurance policy, or other relevant financial

1109 instrument, and the authority must accept such proof of coverage

1110 without any conditions other than consent to venue for purposes

1111 of any litigation to which the authority is a party. An

1112 authority may not require a communications services provider to

1113 indemnify it for liabilities not caused by the provider, its

1114 agents, or its employees, including liabilities arising from the

1115 authority’s negligence, gross negligence, or willful conduct by

1116 an unaffiliated third party .

1117 13. Collocation of a small wireless facility on an

1118 authority utility pole does not provide the basis for the

1119 imposition of an ad valorem tax on the authority utility pole.

1120 14. An authority may reserve space on authority utility

1121 poles for future public safety uses. However, a reservation of

1122 space may not preclude collocation of a small wireless facility.

1123 If replacement of the authority utility pole is necessary to

1124 accommodate the collocation of the small wireless facility and

1125 the future public safety use, the pole replacement is subject to

1126 make-ready provisions and the replaced pole shall accommodate

1127 the future public safety use.

1128 15. A structure granted a permit and installed pursuant to

1129 this subsection shall comply with chapter 333 and federal

1130 regulations pertaining to airport airspace protections.

1131 (r) An authority may require wireless providers to comply

1132 with objective design standards adopted by ordinance. The

1133 ordinance may only require:

1134 1. A new utility pole that replaces an existing utility

1135 pole to be of substantially similar design, material, and color;

1136 2. Reasonable spacing requirements concerning the location

1137 of a ground-mounted component of a small wireless facility which

1138 does not exceed 15 feet from the associated support structure;

1139 or

1140 3. A small wireless facility to meet reasonable location

1141 context, color, camouflage, and concealment requirements,

1142 subject to the limitations in this subsection; and

1143 4. A new utility pole used to support a small wireless

1144 facility to meet reasonable location context, color, and

1145 material of the predominant utility pole type at the proposed

1146 location of the new utility pole.

1148 Such design standards under this paragraph may be waived by the

1149 authority upon a showing that the design standards are not

1150 reasonably compatible for the particular location of a small

1151 wireless facility or utility pole or are technically infeasible

1152 or that the design standards impose an excessive expense. The

1153 waiver must be granted or denied within 45 days after the date

1154 of the request. An authority may not require landscaping,

1155 landscaping maintenance, or vegetation management other than

1156 that necessary for right-of-way restoration.

1157 Section 23. Present paragraphs (b) and (c) of subsection

1158 (3) of section 338.231, Florida Statutes, are redesignated as

1159 paragraphs (c) and (d), respectively, a new paragraph (b) is

1160 added to that subsection, and paragraph (a) of that subsection

1161 is amended, to read:

1162 338.231 Turnpike tolls, fixing; pledge of tolls and other

1163 revenues.—The department shall at all times fix, adjust, charge,

1164 and collect such tolls and amounts for the use of the turnpike

1165 system as are required in order to provide a fund sufficient

1166 with other revenues of the turnpike system to pay the cost of

1167 maintaining, improving, repairing, and operating such turnpike

1168 system; to pay the principal of and interest on all bonds issued

1169 to finance or refinance any portion of the turnpike system as

1170 the same become due and payable; and to create reserves for all

1171 such purposes.

1172 (3)(a) 1. For the period July 1, 1998, through June 30, 2029

1173 ~~2027~~ , the department shall, to the maximum extent feasible,

1174 program sufficient funds in the tentative work program such that

1175 the percentage of turnpike toll and bond financed commitments in

1176 Miami-Dade County, Broward County, and Palm Beach County as

1177 compared to total turnpike toll and bond financed commitments

1178 shall be at least 90 percent of the share of net toll

1179 collections attributable to users of the turnpike system in

1180 Miami-Dade County, Broward County, and Palm Beach County as

1181 compared to total net toll collections attributable to users of

1182 the turnpike system.

1183 2. Beginning in the 2029-2030 fiscal year, the department

1184 shall, to the maximum extent feasible, program sufficient funds

1185 in the tentative work program such that 100 percent of the share

1186 of net toll collections attributable to users of the turnpike

1187 system in Miami-Dade County, Broward County, and Palm Beach

1188 County is used for turnpike toll and bond financed commitments

1189 in those counties.

1191 This paragraph ~~subsection~~ does not apply when the application of

1192 such requirements would violate any covenant established in a

1193 resolution or trust indenture relating to the issuance of

1194 turnpike bonds.

1195 (b) The department may at any time for economic

1196 considerations establish lower temporary toll rates for a new or

1197 existing toll facility for a period not to exceed 1 year, after

1198 which the toll rates adopted pursuant to s. 120.54 shall become

1199 effective.

1200 Section 24. Paragraph (b) of subsection (2) and paragraph

1201 (d) of subsection (5) of section 339.81, Florida Statutes, are

1202 amended to read:

1203 339.81 Florida Shared-Use Nonmotorized Trail Network.—

1204 (2)

1205 (b) The multiuse trails or shared-use paths of the

1206 statewide network must be physically separated from motor

1207 vehicle traffic and constructed with asphalt, concrete, or

1208 another improved hard surface approved by the department .

1209 (5)

1210 (d) To the greatest extent practicable, the department

1211 shall program projects in the work program to plan for

1212 development of the entire trail and to minimize the creation of

1213 gaps between trail segments. The department shall, at a minimum,

1214 ensure that local support exists for projects and trail

1215 segments, including the availability or dedication of local

1216 funding sources and of contributions by private landowners who

1217 agree to make their land, or property interests in such land,

1218 available for public use as a trail. The department may also

1219 consider any sponsorship agreement entered into pursuant to

1220 subsection (7).

1221 Section 25. Subsection (16) of section 341.041, Florida

1222 Statutes, is amended to read:

1223 341.041 Transit responsibilities of the department.—The

1224 department shall, within the resources provided pursuant to

1225 chapter 216:

1226 (16) Unless otherwise provided by state or federal law,

1227 ensure that all grants and agreements between the department and

1228 entities providing paratransit services to persons with

1229 disabilities include, at a minimum, the following provisions:

1230 (a) Performance requirements for the delivery of services,

1231 including clear penalties for repeated or continuing violations;

1232 (b) Minimum liability insurance requirements for all

1233 transportation services purchased, provided, or coordinated for

1234 the transportation disadvantaged, as defined in s. 427.011(1),

1235 through the contracted vendor or subcontractor thereof;

1236 (c) Complaint and grievance processes for users of

1237 paratransit services for persons with disabilities ~~users~~ ,

1238 including a requirement that all reported complaints,

1239 grievances, and resolutions be reported to the department on a

1240 quarterly basis; and

1241 (d) A requirement that the provisions of paragraphs (a),

1242 (b), and (c) must be included in any agreement between an entity

1243 receiving a grant or an agreement from the department and such

1244 entity’s contractors or subcontractors that provide paratransit

1245 services for persons with disabilities .

1246 Section 26. Section 479.25, Florida Statutes, is amended to

1247 read:

1248 479.25 Erection of noise-attenuation barrier or obstruction

1249 blocking view of sign; procedures; application.—

1250 (1) The owner of a lawfully erected sign that is governed

1251 by and conforms to state and federal requirements for land use,

1252 size, height, and spacing may increase the height above ground

1253 level of such sign at its permitted location if a noise

1254 attenuation barrier , ramp, or braided bridge is permitted by or

1255 erected by any governmental entity in such a way as to screen or

1256 block visibility of the sign. Any increase in height permitted

1257 under this section may only be the increase in height which is

1258 required to achieve the same degree of visibility from the

1259 right-of-way which the sign had before the construction of the

1260 noise-attenuation barrier, ramp, or braided bridge,

1261 notwithstanding the restrictions contained in s. 479.07(9)(b). A

1262 sign reconstructed under this section must comply with the

1263 building standards and wind load requirements provided in the

1264 Florida Building Code. If construction of a proposed noise

1265 attenuation barrier , ramp, or braided bridge will screen a sign

1266 lawfully permitted under this chapter, the department shall

1267 provide notice to the local government or local jurisdiction

1268 within which the sign is located before construction. Upon a

1269 determination that an increase in the height of a sign as

1270 permitted under this section will violate an ordinance or a land

1271 development regulation of the local government or local

1272 jurisdiction, the local government or local jurisdiction shall,

1273 before construction:

1274 (a) Provide a variance or waiver to the local ordinance or

1275 land development regulations to allow an increase in the height

1276 of the sign;

1277 (b) Allow the sign to be relocated or reconstructed at

1278 another location if the sign owner agrees; or

1279 (c) Pay the fair market value of the sign and its

1280 associated interest in the real property.

1281 (2) The department shall hold a public hearing within the

1282 boundaries of the affected local governments or local

1283 jurisdictions to receive input on the proposed noise-attenuation

1284 barrier , ramp, or braided bridge and its conflict with the local

1285 ordinance or land development regulation and to suggest or

1286 consider alternatives or modifications to alleviate or minimize

1287 the conflict with the local ordinance or land development

1288 regulation or minimize any costs that may be associated with

1289 relocating, reconstructing, or paying for the affected sign. The

1290 public hearing may be held concurrently with other public

1291 hearings scheduled for the project. The department shall provide

1292 a written notification to the local government or local

1293 jurisdiction of the date and time of the public hearing and

1294 shall provide general notice of the public hearing in accordance

1295 with the notice provisions of s. 335.02(1). The notice may not

1296 be placed in that portion of a newspaper in which legal notices

1297 or classified advertisements appear. The notice must

1298 specifically state that:

1299 (a) Erection of the proposed noise-attenuation barrier ,

1300 ramp, or braided bridge may block the visibility of an existing

1301 outdoor advertising sign;

1302 (b) The local government or local jurisdiction may restrict

1303 or prohibit increasing the height of the existing outdoor

1304 advertising sign; and

1305 (c) Upon construction of the noise-attenuation barrier,

1306 ramp, or braided bridge, the local government or local

1307 jurisdiction shall:

1308 1. Allow an increase in the height of the sign through a

1309 waiver or variance to a local ordinance or land development

1310 regulation;

1311 2. Allow the sign to be relocated or reconstructed at

1312 another location if the sign owner agrees; or

1313 3. Pay the fair market value of the sign and its associated

1314 interest in the real property.

1315 (3) The department may not permit erection of the noise

1316 attenuation barrier , ramp, or braided bridge to the extent the

1317 barrier or obstruction screens or blocks visibility of the sign

1318 until after the public hearing is held.

1319 (4) This section does not apply to any existing written

1320 agreement executed before July 1, 2006, between any local

1321 government and the owner of an outdoor advertising sign.

1322 Section 27. Section 790.19, Florida Statutes, is amended to

1323 read:

1324 790.19 Shooting into or throwing deadly missiles into

1325 dwellings, public or private buildings, occupied or not

1326 occupied; vessels, aircraft, buses, railroad cars, streetcars,

1327 or other vehicles.— A person who ~~Whoever~~ , wantonly or

1328 maliciously, shoots at, within, or into, or throws a ~~any~~ missile

1329 or hurls or projects a stone or other hard substance which would

1330 produce death or great bodily harm, at, within, or in a ~~any~~

1331 public or private building, occupied or unoccupied ; a ~~, or~~ public

1332 or private bus or a ~~any~~ train, locomotive, railway car, caboose,

1333 cable railway car, street railway car, monorail car, or vehicle

1334 of any kind which is being used or occupied by a ~~any~~ person ; an

1335 autonomous vehicle, occupied or unoccupied; a ~~, or any~~ boat,

1336 vessel, ship, or barge lying in or plying the waters of this

1337 state ; , or an aircraft flying through the airspace of this state

1338 commits ~~shall be guilty of~~ a felony of the second degree,

1339 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

1340 Section 28. Present subsections (8) through (12) of section

1341 806.13, Florida Statutes, are redesignated as subsections (9)

1342 through (13), respectively, a new subsection (8) is added to

1343 that section, and present subsection (11) of that section is

1344 amended, to read:

1345 806.13 Criminal mischief; penalties; penalty for minor.—

1346 (8) A person who willfully or maliciously defaces, injures,

1347 or damages by any means an autonomous vehicle as defined in s.

1348 316.003(3)(a) commits a felony of the third degree, punishable

1349 as provided in s. 775.082, s. 775.083, or s. 775.084, if the

1350 damage to the vehicle is greater than $1,000.

1351 (12) ~~(11)~~ A minor whose driver license or driving privilege

1352 is revoked, suspended, or withheld under subsection (11) ~~(10)~~

1353 may elect to reduce the period of revocation, suspension, or

1354 withholding by performing community service at the rate of 1 day

1355 for each hour of community service performed. In addition, if

1356 the court determines that due to a family hardship, the minor’s

1357 driver license or driving privilege is necessary for employment

1358 or medical purposes of the minor or a member of the minor’s

1359 family, the court shall order the minor to perform community

1360 service and reduce the period of revocation, suspension, or

1361 withholding at the rate of 1 day for each hour of community

1362 service performed. As used in this subsection, the term

1363 “community service” means cleaning graffiti from public

1364 property.

1365 Section 29. Section 8 of chapter 2006-316, Laws of Florida,

1366 is amended to read:

1367 Section 8. Senator N. Ray Carroll Memorial Interchange

1368 designated; Department of Transportation to erect suitable

1369 markers.—

1370 (1) Upon completion of construction, the New Nolte Road

1371 Interchange ~~The Florida Turnpike interchange being constructed~~

1372 ~~at Milepost 240 and Kissimmee Park Road~~ in Osceola County is

1373 designated as “Senator N. Ray Carroll Memorial Interchange.”

1374 (2) The Department of Transportation is directed to erect

1375 suitable markers designating Senator N. Ray Carroll Memorial

1376 Interchange as described in subsection (1).

1377 Section 30. The Department of Transportation shall conduct

1378 a study to evaluate the long-term impact of alternative fuel

1379 vehicles on state transportation revenues and identify potential

1380 policy options to address projected revenue reductions.

1381 (1) The study must:

1382 (a) Identify the projected impact of specific alternative

1383 fuel vehicle types and the corresponding projected impact on

1384 state transportation revenues.

1385 (b) Evaluate new transportation revenue models, including,

1386 but not limited to, alternative fuel vehicle-specific

1387 registration fees and taxes; technological and industry

1388 partnerships that could facilitate fees based on miles-per

1389 gallon usage equivalences; and revenue models that are based on

1390 vehicle miles-based taxes.

1391 (c) Analyze the advantages, disadvantages, and projected

1392 revenue impacts from each transportation revenue model.

1393 (2) By January 1, 2027, the department shall submit a

1394 report to the Governor, the President of the Senate, and the

1395 Speaker of the House of Representatives providing the results of

1396 the study.

1397 Section 31. For the 2026-2027 fiscal year, the sum of

1398 $300,000 in nonrecurring funds is appropriated from the State

1399 Transportation Trust Fund to the Department of Transportation

1400 for the purpose of studying alternative fuel vehicles and

1401 methods to receive transportation revenues from users of such

1402 vehicles.

1403 Section 32. Paragraph (b) of subsection (3) of section

1404 311.07, Florida Statutes, is amended to read:

1405 311.07 Florida seaport transportation and economic

1406 development funding.—

1407 (3)

1408 (b) Projects eligible for funding by grants under the

1409 program are limited to the following port facilities or port

1410 transportation projects:

1411 1. Transportation facilities within the jurisdiction of the

1412 port.

1413 2. The dredging or deepening of channels, turning basins,

1414 or harbors.

1415 3. The construction or rehabilitation of wharves, docks,

1416 structures, jetties, piers, storage facilities, cruise

1417 terminals, automated people mover systems, or any facilities

1418 necessary or useful in connection with any of the foregoing.

1419 4. The acquisition of vessel tracking systems, container

1420 cranes, or other mechanized equipment used in the movement of

1421 cargo or passengers in international commerce.

1422 5. The acquisition of land to be used for port purposes.

1423 6. The acquisition, improvement, enlargement, or extension

1424 of existing port facilities.

1425 7. Environmental protection projects which are necessary

1426 because of requirements imposed by a state agency as a condition

1427 of a permit or other form of state approval; which are necessary

1428 for environmental mitigation required as a condition of a state,

1429 federal, or local environmental permit; which are necessary for

1430 the acquisition of spoil disposal sites and improvements to

1431 existing and future spoil sites; or which result from the

1432 funding of eligible projects listed in this paragraph.

1433 8. Transportation facilities as defined in s. 334.03 s.

1434 ~~334.03(30)~~ which are not otherwise part of the Department of

1435 Transportation’s adopted work program.

1436 9. Intermodal access projects.

1437 10. Construction or rehabilitation of port facilities as

1438 defined in s. 315.02, excluding any park or recreational

1439 facilities, in ports listed in s. 311.09(1) with operating

1440 revenues of $5 million or less, provided that such projects

1441 create economic development opportunities, capital improvements,

1442 and positive financial returns to such ports.

1443 11. Seaport master plan or strategic plan development or

1444 updates, including the purchase of data to support such plans.

1445 12. Spaceport or space industry-related planning or

1446 construction of facilities on seaport property which are

1447 necessary or useful for advancing the space industry in this

1448 state and provide an economic benefit to this state.

1449 13. Commercial shipbuilding and manufacturing facilities on

1450 seaport property, if such projects provide an economic benefit

1451 to the community in which the seaport is located.

1452 Section 33. Paragraph (b) of subsection (2) of section

1453 316.0777, Florida Statutes, is amended to read:

1454 316.0777 Automated license plate recognition systems;

1455 installation within rights-of-way of State Highway System;

1456 public records exemption.—

1457 (2)

1458 (b) At the discretion of the Department of Transportation,

1459 an automated license plate recognition system may be installed

1460 within the right-of-way, as defined in s. 334.03 ~~s. 334.03(21)~~ ,

1461 of a road on the State Highway System when installed at the

1462 request of a law enforcement agency for the purpose of

1463 collecting active criminal intelligence information or active

1464 criminal investigative information as defined in s. 119.011(3).

1465 An automated license plate recognition system may not be used to

1466 issue a notice of violation for a traffic infraction or a

1467 uniform traffic citation. Such installation must be in

1468 accordance with placement and installation guidelines developed

1469 by the Department of Transportation. An automated license plate

1470 recognition system must be removed within 30 days after the

1471 Department of Transportation notifies the requesting law

1472 enforcement agency that such removal must occur.

1473 Section 34. Paragraph (c) of subsection (5) of section

1474 316.515, Florida Statutes, is amended to read:

1475 316.515 Maximum width, height, length.—

1476 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;

1477 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—

1478 (c) The width and height limitations of this section do not

1479 apply to farming or agricultural equipment, whether self

1480 propelled, pulled, or hauled, when temporarily operated during

1481 daylight hours upon a public road that is not a limited access

1482 facility as defined in s. 334.03 ~~s. 334.03(12)~~ , and the width

1483 and height limitations may be exceeded by such equipment without

1484 a permit. To be eligible for this exemption, the equipment shall

1485 be operated within a radius of 50 miles of the real property

1486 owned, rented, managed, harvested, or leased by the equipment

1487 owner. However, equipment being delivered by a dealer to a

1488 purchaser is not subject to the 50-mile limitation. Farming or

1489 agricultural equipment greater than 174 inches in width must

1490 have one warning lamp mounted on each side of the equipment to

1491 denote the width and must have a slow-moving vehicle sign.

1492 Warning lamps required by this paragraph must be visible from

1493 the front and rear of the vehicle and must be visible from a

1494 distance of at least 1,000 feet.

1495 Section 35. Section 336.01, Florida Statutes, is amended to

1496 read:

1497 336.01 Designation of county road system.—The county road

1498 system shall be as defined in s. 334.03 ~~s. 334.03(8)~~ .

1499 Section 36. Subsection (2) of section 338.222, Florida

1500 Statutes, is amended to read:

1501 338.222 Department of Transportation sole governmental

1502 entity to acquire, construct, or operate turnpike projects;

1503 exception.—

1504 (2) The department may, but is not required to, contract

1505 with any local governmental entity as defined in s. 334.03 s.

1506 ~~334.03(13)~~ for the design, right-of-way acquisition, transfer,

1507 purchase, sale, acquisition, or other conveyance of the

1508 ownership, operation, maintenance, or construction of any

1509 turnpike project which the Legislature has approved. Local

1510 governmental entities may negotiate and contract with the

1511 department for the design, right-of-way acquisition, transfer,

1512 purchase, sale, acquisition, or other conveyance of the

1513 ownership, operation, maintenance, or construction of any

1514 section of the turnpike project within areas of their respective

1515 jurisdictions or within counties with which they have interlocal

1516 agreements.

1517 Section 37. Subsection (2) of section 341.8225, Florida

1518 Statutes, is amended to read:

1519 341.8225 Department of Transportation sole governmental

1520 entity to acquire, construct, or operate high-speed rail

1521 projects; exception.—

1522 (2) Local governmental entities, as defined in s. 334.03 s.

1523 ~~334.03(13)~~ , may negotiate with the department for the design,

1524 right-of-way acquisition, and construction of any component of

1525 the high-speed rail system within areas of their respective

1526 jurisdictions or within counties with which they have interlocal

1527 agreements.

1528 Section 38. Paragraph (b) of subsection (12) of section

1529 376.3071, Florida Statutes, is amended to read:

1530 376.3071 Inland Protection Trust Fund; creation; purposes;

1531 funding.—

1532 (12) SITE CLEANUP.—

1533 (b) Low-scored site initiative.—Notwithstanding subsections

1534 (5) and (6), a site with a priority ranking score of 29 points

1535 or less may voluntarily participate in the low-scored site

1536 initiative regardless of whether the site is eligible for state

1537 restoration funding.

1538 1. To participate in the low-scored site initiative, the

1539 property owner, or a responsible party who provides evidence of

1540 authorization from the property owner, must submit a “No Further

1541 Action” proposal and affirmatively demonstrate that the

1542 conditions imposed under subparagraph 4. are met.

1543 2. Upon affirmative demonstration that the conditions

1544 imposed under subparagraph 4. are met, the department shall

1545 issue a site rehabilitation completion order incorporating the

1546 “No Further Action” proposal submitted by the property owner or

1547 the responsible party, who must provide evidence of

1548 authorization from the property owner. If no contamination is

1549 detected, the department may issue a site rehabilitation

1550 completion order.

1551 3. Sites that are eligible for state restoration funding

1552 may receive payment of costs for the low-scored site initiative

1553 as follows:

1554 a. A property owner, or a responsible party who provides

1555 evidence of authorization from the property owner, may submit an

1556 assessment and limited remediation plan designed to

1557 affirmatively demonstrate that the site meets the conditions

1558 imposed under subparagraph 4. Notwithstanding the priority

1559 ranking score of the site, the department may approve the cost

1560 of the assessment and limited remediation, including up to 12

1561 months of groundwater monitoring and 12 months of limited

1562 remediation activities in one or more task assignments or

1563 modifications thereof, not to exceed the threshold amount

1564 provided in s. 287.017 for CATEGORY TWO, for each site where the

1565 department has determined that the assessment and limited

1566 remediation, if applicable, will likely result in a

1567 determination of “No Further Action.” The department may not pay

1568 the costs associated with the establishment of institutional or

1569 engineering controls other than the costs associated with a

1570 professional land survey or a specific purpose survey, if such

1571 is needed, and the costs associated with obtaining a title

1572 report and paying recording fees.

1573 b. After the approval of initial site assessment results

1574 provided pursuant to state funding under sub-subparagraph a.,

1575 the department may approve an additional amount not to exceed

1576 the threshold amount provided in s. 287.017 for CATEGORY TWO for

1577 limited remediation needed to achieve a determination of “No

1578 Further Action.”

1579 c. The assessment and limited remediation work shall be

1580 completed no later than 15 months after the department

1581 authorizes the start of a state-funded, low-score site

1582 initiative task. If groundwater monitoring is required after the

1583 assessment and limited remediation in order to satisfy the

1584 conditions under subparagraph 4., the department may authorize

1585 an additional 12 months to complete the monitoring.

1586 d. No more than $15 million for the low-scored site

1587 initiative may be encumbered from the fund in any fiscal year.

1588 Funds shall be made available on a first-come, first-served

1589 basis and shall be limited to 10 sites in each fiscal year for

1590 each property owner or each responsible party who provides

1591 evidence of authorization from the property owner.

1592 e. Program deductibles, copayments, and the limited

1593 contamination assessment report requirements under paragraph

1594 (13)(d) do not apply to expenditures under this paragraph.

1595 4. The department shall issue an order incorporating the

1596 “No Further Action” proposal submitted by a property owner or a

1597 responsible party who provides evidence of authorization from

1598 the property owner upon affirmative demonstration that all of

1599 the following conditions are met:

1600 a. Soil saturated with petroleum or petroleum products, or

1601 soil that causes a total corrected hydrocarbon measurement of

1602 500 parts per million or higher for the Gasoline Analytical

1603 Group or 50 parts per million or higher for the Kerosene

1604 Analytical Group, as defined by department rule, does not exist

1605 onsite as a result of a release of petroleum products.

1606 b. A minimum of 12 months of groundwater monitoring

1607 indicates that the plume is shrinking or stable.

1608 c. The release of petroleum products at the site does not

1609 adversely affect adjacent surface waters, including their

1610 effects on human health and the environment.

1611 d. The area containing the petroleum products’ chemicals of

1612 concern:

1613 (I) Is confined to the source property boundaries of the

1614 real property on which the discharge originated, unless the

1615 property owner has requested or authorized a more limited area

1616 in the “No Further Action” proposal submitted under this

1617 subsection; or

1618 (II) Has migrated from the source property onto or beneath

1619 a transportation facility as defined in s. 334.03 ~~s. 334.03(30)~~

1620 for which the department has approved, and the governmental

1621 entity owning the transportation facility has agreed to

1622 institutional controls as defined in s. 376.301(21). This sub

1623 sub-subparagraph does not, however, impose any legal liability

1624 on the transportation facility owner, obligate such owner to

1625 engage in remediation, or waive such owner’s right to recover

1626 costs for damages.

1627 e. The groundwater contamination containing the petroleum

1628 products’ chemicals of concern is not a threat to any permitted

1629 potable water supply well.

1630 f. Soils onsite found between land surface and 2 feet below

1631 land surface which are subject to human exposure meet the soil

1632 cleanup target levels established in subparagraph (5)(b)9., or

1633 human exposure is limited by appropriate institutional or

1634 engineering controls.

1636 Issuance of a site rehabilitation completion order under this

1637 paragraph acknowledges that minimal contamination exists onsite

1638 and that such contamination is not a threat to the public

1639 health, safety, or welfare; water resources; or the environment.

1640 Pursuant to subsection (4), the issuance of the site

1641 rehabilitation completion order, with or without conditions,

1642 does not alter eligibility for state-funded rehabilitation that

1643 would otherwise be applicable under this section.

1644 Section 39. Paragraph (a) of subsection (2) of section

1645 403.7211, Florida Statutes, is amended to read:

1646 403.7211 Hazardous waste facilities managing hazardous

1647 wastes generated offsite; federal facilities managing hazardous

1648 waste.—

1649 (2) The department may not issue any permit under s.

1650 403.722 for the construction, initial operation, or substantial

1651 modification of a facility for the disposal, storage, or

1652 treatment of hazardous waste generated offsite which is proposed

1653 to be located in any of the following locations:

1654 (a) Any area where life-threatening concentrations of

1655 hazardous substances could accumulate at any residence or

1656 residential subdivision as the result of a catastrophic event at

1657 the proposed facility, unless each such residence or residential

1658 subdivision is served by at least one arterial road or urban

1659 minor arterial road, as determined under the procedures

1660 referenced in s. 334.03 ~~s. 334.03(10)~~ , which provides safe and

1661 direct egress by land to an area where such life-threatening

1662 concentrations of hazardous substances could not accumulate in a

1663 catastrophic event. Egress by any road leading from any

1664 residence or residential subdivision to any point located within

1665 1,000 yards of the proposed facility is unsafe for the purposes

1666 of this paragraph. In determining whether egress proposed by the

1667 applicant is safe and direct, the department shall also

1668 consider, at a minimum, the following factors:

1669 1. Natural barriers such as water bodies, and whether any

1670 road in the proposed evacuation route is impaired by a natural

1671 barrier such as a water body.

1672 2. Potential exposure during egress and potential increases

1673 in the duration of exposure.

1674 3. Whether any road in a proposed evacuation route passes

1675 in close proximity to the facility.

1676 4. Whether any portion of the evacuation route is

1677 inherently directed toward the facility.

1679 For the purposes of this subsection, all distances shall be

1680 measured from the outer limit of the active hazardous waste

1681 management area. “Substantial modification” includes: any

1682 physical change in, change in the operations of, or addition to

1683 a facility which could increase the potential offsite impact, or

1684 risk of impact, from a release at that facility; and any change

1685 in permit conditions which is reasonably expected to lead to

1686 greater potential impacts or risks of impacts, from a release at

1687 that facility. “Substantial modification” does not include a

1688 change in operations, structures, or permit conditions which

1689 does not substantially increase either the potential impact

1690 from, or the risk of, a release. Physical or operational changes

1691 to a facility related solely to the management of nonhazardous

1692 waste at the facility is not considered a substantial

1693 modification. The department shall, by rule, adopt criteria to

1694 determine whether a facility has been substantially modified.

1695 “Initial operation” means the initial commencement of operations

1696 at the facility.

1697 Section 40. Subsection (5) of section 479.261, Florida

1698 Statutes, is amended to read:

1699 479.261 Logo sign program.—

1700 (5) At a minimum, permit fees for businesses that

1701 participate in the program must be established in an amount

1702 sufficient to offset the total cost to the department for the

1703 program, including contract costs. The department shall provide

1704 the services in the most efficient and cost-effective manner

1705 through department staff or by contracting for some or all of

1706 the services. The department shall adopt rules that set

1707 reasonable rates based upon factors such as population, traffic

1708 volume, market demand, and costs for annual permit fees.

1709 However, annual permit fees for sign locations inside an urban

1710 area, as defined in s. 334.03 ~~s. 334.03(31)~~ , may not exceed

1711 $3,500, and annual permit fees for sign locations outside an

1712 urban area, as defined in s. 334.03 ~~s. 334.03(31)~~ , may not

1713 exceed $2,000. After recovering program costs, the proceeds from

1714 the annual permit fees shall be deposited into the State

1715 Transportation Trust Fund and used for transportation purposes.

1716 Section 41. Paragraph (a) of subsection (2) of section

1717 715.07, Florida Statutes, is amended to read:

1718 715.07 Vehicles or vessels parked on private property;

1719 towing.—

1720 (2) The owner or lessee of real property, or any person

1721 authorized by the owner or lessee, which person may be the

1722 designated representative of the condominium association if the

1723 real property is a condominium, may cause any vehicle or vessel

1724 parked on such property without her or his permission to be

1725 removed by a person regularly engaged in the business of towing

1726 vehicles or vessels, without liability for the costs of removal,

1727 transportation, or storage or damages caused by such removal,

1728 transportation, or storage, under any of the following

1729 circumstances:

1730 (a) The towing or removal of any vehicle or vessel from

1731 private property without the consent of the registered owner or

1732 other legally authorized person in control of that vehicle or

1733 vessel is subject to substantial compliance with the following

1734 conditions and restrictions:

1735 1.a. Any towed or removed vehicle or vessel must be stored

1736 at a site within a 10-mile radius of the point of removal in any

1737 county of 500,000 population or more, and within a 15-mile

1738 radius of the point of removal in any county of fewer than

1739 500,000 population. That site must be open for the purpose of

1740 redemption of vehicles on any day that the person or firm towing

1741 such vehicle or vessel is open for towing purposes, from 8:00

1742 a.m. to 6:00 p.m., and, when closed, shall have prominently

1743 posted a sign indicating a telephone number where the operator

1744 of the site can be reached at all times. Upon receipt of a

1745 telephoned request to open the site to redeem a vehicle or

1746 vessel, the operator shall return to the site within 1 hour or

1747 she or he will be in violation of this section.

1748 b. If no towing business providing such service is located

1749 within the area of towing limitations set forth in sub

1750 subparagraph a., the following limitations apply: any towed or

1751 removed vehicle or vessel must be stored at a site within a 20

1752 mile radius of the point of removal in any county of 500,000

1753 population or more, and within a 30-mile radius of the point of

1754 removal in any county of fewer than 500,000 population.

1755 2. The person or firm towing or removing the vehicle or

1756 vessel shall, within 30 minutes after completion of such towing

1757 or removal, notify the municipal police department or, in an

1758 unincorporated area, the sheriff, of such towing or removal, the

1759 storage site, the time the vehicle or vessel was towed or

1760 removed, and the make, model, color, and license plate number of

1761 the vehicle or description and registration number of the vessel

1762 and shall obtain the name of the person at that department to

1763 whom such information was reported and note that name on the

1764 trip record.

1765 3. A person in the process of towing or removing a vehicle

1766 or vessel from the premises or parking lot in which the vehicle

1767 or vessel is not lawfully parked must stop when a person seeks

1768 the return of the vehicle or vessel. The vehicle or vessel must

1769 be returned upon the payment of a reasonable service fee of not

1770 more than one-half of the posted rate for the towing or removal

1771 service as provided in subparagraph 6. The vehicle or vessel may

1772 be towed or removed if, after a reasonable opportunity, the

1773 owner or legally authorized person in control of the vehicle or

1774 vessel is unable to pay the service fee. If the vehicle or

1775 vessel is redeemed, a detailed signed receipt must be given to

1776 the person redeeming the vehicle or vessel.

1777 4. A person may not pay or accept money or other valuable

1778 consideration for the privilege of towing or removing vehicles

1779 or vessels from a particular location.

1780 5. Except for property appurtenant to and obviously a part

1781 of a single-family residence, and except for instances when

1782 notice is personally given to the owner or other legally

1783 authorized person in control of the vehicle or vessel that the

1784 area in which that vehicle or vessel is parked is reserved or

1785 otherwise unavailable for unauthorized vehicles or vessels and

1786 that the vehicle or vessel is subject to being removed at the

1787 owner’s or operator’s expense, any property owner or lessee, or

1788 person authorized by the property owner or lessee, before towing

1789 or removing any vehicle or vessel from private property without

1790 the consent of the owner or other legally authorized person in

1791 control of that vehicle or vessel, must post a notice meeting

1792 the following requirements:

1793 a. The notice must be prominently placed at each driveway

1794 access or curb cut allowing vehicular access to the property

1795 within 10 feet from the road, as defined in s. 334.03 s.

1796 ~~334.03(22)~~ . If there are no curbs or access barriers, the signs

1797 must be posted not fewer than one sign for each 25 feet of lot

1798 frontage.

1799 b. The notice must clearly indicate, in not fewer than 2

1800 inch high, light-reflective letters on a contrasting background,

1801 that unauthorized vehicles will be towed away at the owner’s

1802 expense. The words “tow-away zone” must be included on the sign

1803 in not fewer than 4-inch high letters.

1804 c. The notice must also provide the name and current

1805 telephone number of the person or firm towing or removing the

1806 vehicles or vessels.

1807 d. The sign structure containing the required notices must

1808 be permanently installed with the words “tow-away zone” not

1809 fewer than 3 feet and not more than 6 feet above ground level

1810 and must be continuously maintained on the property for not

1811 fewer than 24 hours before the towing or removal of any vehicles

1812 or vessels.

1813 e. The local government may require permitting and

1814 inspection of these signs before any towing or removal of

1815 vehicles or vessels being authorized.

1816 f. A business with 20 or fewer parking spaces satisfies the

1817 notice requirements of this subparagraph by prominently

1818 displaying a sign stating “Reserved Parking for Customers Only

1819 Unauthorized Vehicles or Vessels Will be Towed Away At the

1820 Owner’s Expense” in not fewer than 4-inch high, light-reflective

1821 letters on a contrasting background.

1822 g. A property owner towing or removing vessels from real

1823 property must post notice, consistent with the requirements in

1824 sub-subparagraphs a.-f., which apply to vehicles, that

1825 unauthorized vehicles or vessels will be towed away at the

1826 owner’s expense.

1828 A business owner or lessee may authorize the removal of a

1829 vehicle or vessel by a towing company when the vehicle or vessel

1830 is parked in such a manner that restricts the normal operation

1831 of business; and if a vehicle or vessel parked on a public

1832 right-of-way obstructs access to a private driveway the owner,

1833 lessee, or agent may have the vehicle or vessel removed by a

1834 towing company upon signing an order that the vehicle or vessel

1835 be removed without a posted tow-away zone sign.

1836 6. Any person or firm that tows or removes vehicles or

1837 vessels and proposes to require an owner, operator, or person in

1838 control or custody of a vehicle or vessel to pay the costs of

1839 towing and storage before redemption of the vehicle or vessel

1840 must file and keep on record with the local law enforcement

1841 agency a complete copy of the current rates to be charged for

1842 such services and post at the storage site an identical rate

1843 schedule and any written contracts with property owners,

1844 lessees, or persons in control of property which authorize such

1845 person or firm to remove vehicles or vessels as provided in this

1846 section.

1847 7. Any person or firm towing or removing any vehicles or

1848 vessels from private property without the consent of the owner

1849 or other legally authorized person in control or custody of the

1850 vehicles or vessels shall, on any trucks, wreckers as defined in

1851 s. 713.78(1), or other vehicles used in the towing or removal,

1852 have the name, address, and telephone number of the company

1853 performing such service clearly printed in contrasting colors on

1854 the driver and passenger sides of the vehicle. The name shall be

1855 in at least 3-inch permanently affixed letters, and the address

1856 and telephone number shall be in at least 1-inch permanently

1857 affixed letters.

1858 8. Vehicle entry for the purpose of removing the vehicle or

1859 vessel shall be allowed with reasonable care on the part of the

1860 person or firm towing the vehicle or vessel. Such person or firm

1861 shall be liable for any damage occasioned to the vehicle or

1862 vessel if such entry is not in accordance with the standard of

1863 reasonable care.

1864 9. When a vehicle or vessel has been towed or removed

1865 pursuant to this section, it must be released to its owner or

1866 person in control or custody within 1 hour after requested. Any

1867 vehicle or vessel owner or person in control or custody has the

1868 right to inspect the vehicle or vessel before accepting its

1869 return, and no release or waiver of any kind which would release

1870 the person or firm towing the vehicle or vessel from liability

1871 for damages noted by the owner or person in control or custody

1872 at the time of the redemption may be required from any vehicle

1873 or vessel owner or person in control or custody as a condition

1874 of release of the vehicle or vessel to its owner or person in

1875 control or custody. A detailed receipt showing the legal name of

1876 the company or person towing or removing the vehicle or vessel

1877 must be given to the person paying towing or storage charges at

1878 the time of payment, whether requested or not.

1879 Section 42. Paragraph (a) of subsection (2) of section

1880 1006.23, Florida Statutes, is amended to read:

1881 1006.23 Hazardous walking conditions.—

1882 (2) HAZARDOUS WALKING CONDITIONS.—

1883 (a) Walkways parallel to the road.—

1884 1. It shall be considered a hazardous walking condition

1885 with respect to any road along which students must walk in order

1886 to walk to and from school if there is not an area at least 4

1887 feet wide adjacent to the road, not including drainage ditches,

1888 sluiceways, swales, or channels, having a surface upon which

1889 students may walk without being required to walk on the road

1890 surface or if the walkway is along a limited access facility as

1891 defined in s. 334.03 ~~s. 334.03(12)~~ . In addition, whenever the

1892 road along which students must walk is uncurbed and has a posted

1893 speed limit of 50 miles per hour or greater, the area as

1894 described above for students to walk upon shall be set off the

1895 road by no less than 3 feet from the edge of the road.

1896 2. Subparagraph 1. does not apply when the road along which

1897 students must walk:

1898 a. Is a road on which the volume of traffic is less than

1899 180 vehicles per hour, per direction, during the time students

1900 walk to and from school; or

1901 b. Is located in a residential area and has a posted speed

1902 limit of 30 miles per hour or less.

1903 Section 43. For the purpose of incorporating the amendment

1904 made by this act to section 316.003, Florida Statutes, in a

1905 reference thereto, subsection (21) of section 320.02, Florida

1906 Statutes, is reenacted to read:

1907 320.02 Registration required; application for registration;

1908 forms.—

1909 (21) A personal delivery device and a mobile carrier as

1910 defined in s. 316.003 are not required to satisfy the

1911 registration and insurance requirements of this section.

1912 Section 44. For the purpose of incorporating the amendment

1913 made by this act to section 316.003, Florida Statutes, in a

1914 reference thereto, subsection (1) of section 324.021, Florida

1915 Statutes, is reenacted to read:

1916 324.021 Definitions; minimum insurance required.—The

1917 following words and phrases when used in this chapter shall, for

1918 the purpose of this chapter, have the meanings respectively

1919 ascribed to them in this section, except in those instances

1920 where the context clearly indicates a different meaning:

1921 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is

1922 designed and required to be licensed for use upon a highway,

1923 including trailers and semitrailers designed for use with such

1924 vehicles, except traction engines, road rollers, farm tractors,

1925 power shovels, and well drillers, and every vehicle that is

1926 propelled by electric power obtained from overhead wires but not

1927 operated upon rails, but not including any personal delivery

1928 device or mobile carrier as defined in s. 316.003, bicycle,

1929 electric bicycle, or moped. However, the term “motor vehicle”

1930 does not include a motor vehicle as defined in s. 627.732(3)

1931 when the owner of such vehicle has complied with the

1932 requirements of ss. 627.730-627.7405, inclusive, unless the

1933 provisions of s. 324.051 apply; and, in such case, the

1934 applicable proof of insurance provisions of s. 320.02 apply.

1935 Section 45. For the purpose of incorporating the amendment

1936 made by this act to section 316.003, Florida Statutes, in a

1937 reference thereto, paragraph (a) of subsection (2) of section

1938 324.022, Florida Statutes, is reenacted to read:

1939 324.022 Financial responsibility for property damage.—

1940 (2) As used in this section, the term:

1941 (a) “Motor vehicle” means any self-propelled vehicle that

1942 has four or more wheels and that is of a type designed and

1943 required to be licensed for use on the highways of this state,

1944 and any trailer or semitrailer designed for use with such

1945 vehicle. The term does not include:

1946 1. A mobile home.

1947 2. A motor vehicle that is used in mass transit and

1948 designed to transport more than five passengers, exclusive of

1949 the operator of the motor vehicle, and that is owned by a

1950 municipality, transit authority, or political subdivision of the

1951 state.

1952 3. A school bus as defined in s. 1006.25.

1953 4. A vehicle providing for-hire transportation that is

1954 subject to the provisions of s. 324.031. A taxicab shall

1955 maintain security as required under s. 324.032(1).

1956 5. A personal delivery device as defined in s. 316.003.

1957 Section 46. This act shall take effect July 1, 2026.