CS/CS/HB 1233 full text · Session Watch

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 specified timeframe to

7 update specified recommendations; amending s. 311.14,

8 F.S.; requiring each seaport to include specified

9 strategies for obtaining and maintaining critical

10 infrastructure resources as part of a 10-year

11 strategic plan; defining the term "critical

12 infrastructure resources"; creating s. 311.26, F.S.;

13 requiring the Department of Transportation to

14 coordinate with certain entities for a specified

15 purpose; amending s. 316.003, F.S.; revising the

16 definition of the term "personal delivery device";

17 defining the term "prohibited zone of operation";

18 amending s. 316.008, F.S.; authorizing a personal

19 delivery device to be operated in specified areas;

20 providing an exception; prohibiting counties and

21 municipalities from enacting, imposing, levying,

22 collecting, or enforcing certain fees or advertising

23 regulations; amending s. 316.187, F.S.; increasing

24 certain speed limits; amending s. 316.2071, F.S.;

25 authorizing a personal delivery device to operate in

26 specified areas; providing an exception; prohibiting a

27 personal delivery device or mobile carrier from

28 interfering with bicyclists and motor vehicles;

29 prohibiting a personal delivery device or mobile

30 carrier from operating in specified areas unless

31 certain conditions are met; prohibiting a personal

32 delivery device or mobile carrier from operating in a

33 prohibited zone of operation; authorizing the

34 department to adopt rules; amending s. 318.14, F.S.;

35 modifying terms for elections to attend a basic driver

36 improvement course; amending s. 320.06, F.S.;

37 authorizing certain rental trucks to elect a permanent

38 registration period; requiring a motor vehicle

39 registration renewal to be recorded electronically;

40 removing provisions relating to validation stickers;

41 amending s. 330.41, F.S.; prohibiting a political

42 subdivision from taking certain actions against a

43 drone delivery service on a commercial property;

44 removing a limitation relating to drone ports;

45 prohibiting a drone delivery service from operating in

46 a prohibited zone of operation; providing that the

47 addition of a drone delivery service within the

48 parking area of a commercial property does not reduce

49 the number of parking spaces for a specified purpose;

50 amending s. 332.001, F.S.; revising powers and duties

51 of the department with respect to airport systems in

52 this state; amending s. 332.006, F.S.; requiring the

53 department to coordinate with certain airports for a

54 specified purpose; amending s. 332.0075, F.S.;

55 requiring commercial service airports to provide

56 methods for obtaining and maintaining critical

57 infrastructure resources; defining the term "critical

58 infrastructure resources"; amending s. 334.03, F.S.;

59 defining the term "advanced air mobility corridor

60 connection point"; revising the definition of the term

61 "transportation corridor"; amending s. 334.044, F.S.;

62 providing and revising powers and duties of the

63 department; amending s. 334.63, F.S.; providing state

64 policy; requiring a governmental entity to include

65 certain information in specified publications;

66 defining the terms "nonpecuniary factor" and "net-zero

67 policies"; amending s. 337.401, F.S.; prohibiting

68 municipalities and counties from requiring that

69 providers locate or perform surveys of certain

70 facilities; requiring a provider to use certain means

71 to avoid damaging certain facilities under specified

72 circumstances; prohibiting municipalities and counties

73 from taking certain actions relating to certain

74 facility permits; authorizing municipalities and

75 counties to require a bond or other financial

76 instrument; prohibiting municipalities and counties

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

78 or exaction for the placement of certain

79 communications facilities; revising applicability;

80 revising the definition of the term "application";

81 prohibiting an authority from requiring compliance

82 with provisions regarding placement of communications

83 facilities in certain locations; providing exceptions;

84 requiring that certain authority ordinances apply to

85 all providers of communications services; providing

86 bond requirements; providing requirements for certain

87 financial obligations required by an authority;

88 prohibiting an authority from requiring a deposit or

89 escrow of cash or agreement with certain terms;

90 prohibiting an authority from requiring a

91 communications service provider to indemnify the

92 authority for certain liabilities; prohibiting an

93 authority from imposing certain landscaping and

94 vegetation management requirements; amending s.

95 339.81, F.S.; revising construction materials that may

96 be used for certain multiuse trails or shared-use

97 paths; authorizing the department to consider certain

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

99 providing that certain provisions relating to

100 paratransit services apply only to persons with

101 disabilities; amending s. 479.25, F.S.; revising

102 provisions authorizing certain sign owners to increase

103 sign height under certain circumstances; amending s.

104 790.19, F.S.; providing penalties for shooting into or

105 throwing deadly missiles into an occupied or

106 unoccupied autonomous vehicle; amending s. 806.13,

107 F.S.; providing penalties for defacing, injuring, or

108 damaging an autonomous vehicle; amending ss. 311.07,

109 316.0777, 316.306, 316.515, 320.04, 320.08035,

110 320.0807, 320.084, 320.102, 336.01, 338.222, 341.8225,

111 376.3071, 403.7211, 479.261, 655.960, 715.07,

112 921.0022, and 1006.23, F.S.; conforming cross-

113 references and provisions to changes made by the act;

114 providing an effective date.

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

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

119 20.23, Florida Statutes, is amended to read:

120 20.23 Department of Transportation.—There is created a

121 Department of Transportation which shall be a decentralized

122 agency.

123 (3) The Legislature finds that the transportation industry

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

125 competitiveness of the industry in this state depends upon the

126 development and maintenance of a qualified workforce and

127 cutting-edge research and innovation. The Legislature further

128 finds that the transportation industry in this state has varied

129 and complex workforce needs ranging from technical and

130 mechanical training to continuing education opportunities for

131 workers with advanced degrees and certifications. The timely

132 need also exists for coordinated research and innovation efforts

133 to promote emerging technologies and innovative construction

134 methods and tools and to address alternative funding mechanisms.

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

136 to address the workforce development needs of the state's

137 transportation industry.

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

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

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

141 University of Central Florida, the University of South Florida,

142 and Florida International University. The department shall

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

144 institute. The department shall assess the performance of the

145 administrative lead periodically to ensure accountability and

146 assess the attainment of performance goals.

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

148 260.0142, Florida Statutes, is amended to read:

149 260.0142 Florida Greenways and Trails Council;

150 composition; powers and duties.—

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

152 (h) Make recommendations for updating and revising the

153 implementation plan for the Florida Greenways and Trails System,

154 including, but not limited to, recommendations for

155 prioritization of regionally significant trails within the

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

157 meet within 90 days after the Department of Transportation

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

159 recommendations for prioritization of regionally significant

160 trails within the network.

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

162 311.14, Florida Statutes, is amended to read:

163 311.14 Seaport planning.—

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

165 year horizon. Each plan must include the following:

166 (b) An infrastructure development and improvement

167 component that identifies all projected infrastructure

168 improvements within the plan area which require improvement,

169 expansion, or development in order for a port to attain a

170 strategic advantage for competition with national and

171 international competitors. This component must provide

172 strategies for obtaining and maintaining critical infrastructure

173 resources for the port and its tenants. Such strategies must

174 include long-term contracts, rights of first refusal regarding

175 the sale or lease of property storing such resources, and

176 contingency plans for obtaining such resources. For purposes of

177 this paragraph, the term "critical infrastructure resources"

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

179 and water resources.

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

182 consistent with the local government comprehensive plans of the

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

184 approval of a plan by the port's board, the plan shall be

185 submitted to the Florida Seaport Transportation and Economic

186 Development Council.

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

188 read:

189 311.26 Florida Seaport Maritime Industrial Base.—The

190 Department of Transportation shall coordinate with the

191 Department of Commerce and the ports listed in s. 311.09, the

192 United States Department of Commerce, and the United States

193 Department of War to identify and prioritize key maritime

194 components in the supply chain which are essential to

195 strengthening and expanding this state's maritime industrial

196 base. The ports listed in s. 311.09 shall support projects

197 evaluated by the Department of Transportation, which shall

198 directly support the construction, maintenance, and

199 modernization of both commercial vessels, including cargo

200 vessels, and vessels designed for national defense. Projects

201 shall be evaluated based on the return on invested capital, job

202 creation, and contribution to the economic competitiveness of

203 this state and based on support for the national security

204 interests of the United States. Additional considerations shall

205 include the anticipated enhancement of this state's commercial

206 maritime capabilities.

207 Section 5. Subsections (66) through (112) of section

208 316.003, Florida Statutes, are renumbered as subsections (67)

209 through (113), respectively, subsections (59) and (65) are

210 amended, and a new subsection (66) is added to that section, to

211 read:

212 316.003 Definitions.—The following words and phrases, when

213 used in this chapter, shall have the meanings respectively

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

215 otherwise requires:

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

217 device that:

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

219 lanes, bicycle paths, or shoulders on streets, roadways, or

220 highways, excluding limited access facilities, and intended

221 primarily for transporting property;

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

223 established by Department of Transportation rule;

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

225 on sidewalks and crosswalks and 20 miles per hour on bicycle

226 lanes, bicycle paths, or shoulders on streets, roadways, or

227 highways, excluding limited access facilities; and

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

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

230 natural person.

232 A personal delivery device is not considered a vehicle unless

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

234 considered a personal delivery device. The Department of

235 Transportation may adopt rules to implement this subsection.

236 (65) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise

237 provided in paragraph (91)(b) ~~paragraph (90)(b),~~ any privately

238 owned way or place used for vehicular travel by the owner and

239 those having express or implied permission from the owner, but

240 not by other persons.

241 (66) PROHIBITED ZONE OF OPERATION.—

242 (a) The Florida Shared-use Nonmotorized Trail Network

243 created in s. 339.81.

244 (b) A theme park or entertainment complex as defined in s.

245 509.013(9).

246 (c) A state correctional institution as defined in s.

247 944.02.

248 (d) A county detention facility, county residential

249 probation center, municipal detention facility, or reduced

250 custody housing area as defined on s. 951.23(1).

251 (e) A detention center or facility as defined in s.

252 985.03.

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

254 316.008, Florida Statutes, is amended, and paragraph (c) is added to that subsection, to read:

256 316.008 Powers of local authorities.—

257 (7)

258 (b)1. Except as provided in subparagraph 2., a personal

259 delivery device may be operated on sidewalks, crosswalks,

260 bicycle lanes, bicycle paths, or shoulders on streets, roadways,

261 or highways, excluding limited access facilities, and a mobile

262 carrier may be operated on sidewalks and crosswalks within a

263 county or municipality when such use is permissible under

264 federal law. This subparagraph ~~paragraph~~ does not restrict a

265 county or municipality from otherwise adopting regulations for

266 the safe operation of personal delivery devices and mobile

267 carriers in a manner consistent with this chapter.

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

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

270 339.81 or components of the Florida Greenways and Trails System

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

272 wildlife management areas, or in any prohibited zone of

273 operation.

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

275 collect, or enforce:

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

277 as expressly authorized by general law; or

278 2. An advertising regulation that restricts, prohibits,

279 conditions, or otherwise limits commercial advertising on

280 personal delivery devices.

281 Section 7. Subsection (2) of section 316.187, Florida

282 Statutes, is amended to read:

283 316.187 Establishment of state speed zones.—

284 (2)(a) The maximum allowable speed limit on limited access

285 highways is 80 70 miles per hour.

286 (b) The maximum allowable speed limit on any other highway

287 that ~~which~~ is outside an urban area of 5,000 or more persons and

288 that ~~which~~ has at least four lanes divided by a median strip is

289 70 65 miles per hour.

290 (c) The Department of Transportation is authorized to set

291 such maximum and minimum speed limits for travel over other

292 roadways under its authority as it deems safe and advisable, not

293 to exceed as a maximum limit 70 60 miles per hour.

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

295 Florida Statutes, are amended, and subsection (5) is added to

296 that section, to read:

297 316.2071 Personal delivery devices and mobile carriers.—

298 (1) Notwithstanding any provision of law to the contrary,

299 a personal delivery device may operate on sidewalks, crosswalks,

300 bicycle lanes, bicycle paths, or shoulders on streets, roadways,

301 or highways, excluding limited access facilities, and a or

302 mobile carrier may operate on sidewalks and crosswalks, subject

303 to s. 316.008(7)(b). Such A personal delivery device or mobile

304 carrier ~~operating on a sidewalk or crosswalk~~ has all the rights

305 and duties applicable to a pedestrian under the same

306 circumstances. ~~A, except that the~~ personal delivery device or

307 mobile carrier may ~~must~~ not unreasonably interfere with

308 pedestrians, bicyclists, and motor vehicles ~~or traffic~~ and must

309 yield the right-of-way to pedestrians ~~on the sidewalk or~~

310 ~~crosswalk.~~

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

312 not:

313 (a) Operate on a sidewalk, crosswalk, bicycle lane, or

314 shoulder on a street, roadway, or highway, excluding a limited

315 access facility, unless the personal delivery device or mobile

316 carrier meets minimum criteria established by the Department of

317 Transportation ~~public highway except to the extent necessary to~~

318 ~~cross a crosswalk.~~

319 (b) Operate on a sidewalk, or crosswalk, bicycle lane,

320 bicycle path, or shoulder on a street, roadway, or highway,

321 excluding a limited access facility, unless a human who is an

322 agent of the personal delivery device operator is capable of

323 ~~actively~~ controlling and or monitoring the navigation and

324 operation of the personal delivery device or a mobile carrier

325 owner remains within 25 feet of the mobile carrier.

326 (c) Transport hazardous materials as defined in s.

327 316.003.

328 (d) For mobile carriers, transport persons or animals.

329 (e) Operate in a prohibited zone of operation.

330 (5) The Department of Transportation may adopt rules to

331 implement this section.

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

333 Statutes, is amended to read:

334 318.14 Noncriminal traffic infractions; exception;

335 procedures.—

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

337 license or commercial learner's permit and who is cited while

338 driving a noncommercial motor vehicle for an infraction under

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

340 316.187, or s. 316.189 when the driver exceeds the posted limit

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

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

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

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

345 course approved by the Department of Highway Safety and Motor

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

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

348 18 percent, and points, as provided by s. 322.27, may not be

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

350 subsection if the person has made an election under this

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

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

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

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

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

356 nolo contendere or by the withholding of adjudication of guilt

357 by a court.

358 Section 10. Section 320.06, Florida Statutes, is amended

359 to read:

360 320.06 Registration certificates and, license plates;, ~~and~~

361 validation stickers generally.—

362 (1)(a) Upon the receipt of an initial application for

363 registration and payment of the appropriate license tax and

364 other fees required by law, the department shall assign to the

365 motor vehicle a registration license number consisting of

366 letters and numerals or numerals and issue to the owner or

367 lessee a certificate of registration and one registration

368 license plate, unless two plates are required for display by s.

369 320.0706, for each vehicle so registered.

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

371 and the alphanumeric system of identification shall be issued

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

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

374 extend the scheduled license plate replacement date from a 6-

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

376 $28, $2.80 of which shall be paid each year before the plate is

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

378 The fees shall be deposited into the Highway Safety Operating

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

380 years' payments of the prorated replacement fee if the plate is

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

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

383 the department to replace a license plate under s.

384 320.08056(8)(a). ~~With each license plate, a validation sticker~~

385 ~~shall be issued showing the owner's birth month, license plate~~

386 ~~number, and the year of expiration or the appropriate renewal~~

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

388 ~~sticker shall be placed on the upper right corner of the license~~

389 ~~plate. The license plate and validation sticker shall be issued~~

390 ~~based on the applicant's appropriate renewal period.~~ The

391 registration period is 12 months, the extended registration

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

393 applicant's appropriate registration period. Rental vehicles

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

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

396 elect a permanent registration period, provided payment of the

397 appropriate license taxes and fees occurs annually.

398 2. ~~Beginning July 1, 2024,~~ A vehicle registered in

399 accordance with the International Registration Plan must be

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

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

402 ~~Each license plate must include a validation sticker showing the~~

403 ~~month of expiration.~~ A cab card denoting the declared gross

404 vehicle weight for each apportioned jurisdiction must be issued

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

406 which must be deposited into the Highway Safety Operating Trust

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

408 replaced at no charge by applying to the department and

409 surrendering the current license plate.

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

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

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

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

414 (c) Registration license plates ~~equipped with validation~~

415 ~~stickers~~ subject to the registration period are valid for not

416 more than 12 months and expire at midnight on the last day of

417 the registration period. A registration license plate ~~equipped~~

418 ~~with a validation sticker~~ subject to the extended registration

419 period is valid for not more than 24 months and expires at

420 midnight on the last day of the extended registration period. A

421 registration license plate ~~equipped with a validation sticker~~

422 subject to a permanent registration period is permanently valid

423 but shall become void if appropriate license taxes and fees are

424 not paid annually. For each registration period after the one in

425 which the metal registration license plate is issued, and until

426 the license plate is required to be replaced, the renewal shall

427 be recorded electronically ~~a validation sticker showing the~~

428 ~~month and year of expiration shall be issued~~ upon payment of the

429 proper license tax amount and fees and is valid for not more

430 than 12 months. For each extended registration period occurring

431 after the one in which the metal registration license plate is

432 issued and until the license plate is required to be replaced,

433 the renewal shall be recorded electronically ~~a validation~~

434 ~~sticker showing the year of expiration shall be issued~~ upon

435 payment of the proper license tax amount and fees and is valid

436 for not more than 24 months. For each permanent registration

437 period occurring after the one in which the metal registration

438 license plate is issued and until the license plate is required

439 to be replaced, the renewal shall be recorded electronically a

440 ~~validation sticker showing a permanent registration period shall~~

441 ~~be issued~~ upon payment of the proper license tax amount and fees

442 and is permanently valid but shall become void if the proper

443 license taxes and fees are not paid annually. When license

444 plates ~~equipped with validation stickers~~ are issued in any month

445 other than the owner's birth month or the designated

446 registration period for any other motor vehicle, the effective

447 date shall reflect the birth month or month and the year of

448 renewal. However, when a license plate ~~or validation sticker~~ is

449 issued for a period of less than 12 months, the applicant shall

450 pay the appropriate amount of license tax and the applicable fee

451 under s. 320.14 in addition to all other fees. Validation

452 stickers issued for vehicles taxed under s. 320.08(6)(a), for

453 any company that owns 250 vehicles or more, or for semitrailers

454 taxed under ~~the provisions of~~ s. 320.08(5)(a), for any company

455 that owns 50 vehicles or more, may be placed on any vehicle in

456 the fleet so long as the vehicle receiving the validation

457 sticker has the same owner's name and address as the vehicle to

458 which the validation sticker was originally assigned.

459 ~~(2) The department shall provide the several tax~~

460 ~~collectors and license plate agents with the necessary number of~~

461 ~~validation stickers.~~

462 (2)(3)(a) Registration license plates must be made of

463 metal specially treated with a retroreflection material, as

464 specified by the department. The registration license plate is

465 designed to increase nighttime visibility and legibility and

466 must be at least 6 inches wide and not less than 12 inches in

467 length, unless a plate with reduced dimensions is deemed

468 necessary by the department to accommodate motorcycles, mopeds,

469 similar smaller vehicles, or trailers. ~~Validation stickers must~~

470 ~~also be treated with a retroreflection material, must be of such~~

471 ~~size as specified by the department, and must adhere to the~~

472 ~~license plate.~~ The registration license plate must be imprinted

473 with a combination of bold letters and numerals or numerals, not

474 to exceed seven digits, to identify the registration license

475 plate number. The license plate must be imprinted with the word

476 "Florida" at the top and the name of the county in which it is

477 sold, the state motto, or the words "Sunshine State" at the

478 bottom. Apportioned license plates must have the word

479 "Apportioned" at the bottom, and license plates issued for

480 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or

481 (c), or (14) must have the word "Restricted" at the bottom.

482 License plates issued for vehicles taxed under s. 320.08(12)

483 must be imprinted with the word "Florida" at the top and the

484 word "Dealer" at the bottom unless the license plate is a

485 specialty license plate as authorized in s. 320.08056.

486 Manufacturer license plates issued for vehicles taxed under s.

487 320.08(12) must be imprinted with the word "Florida" at the top

488 and the word "Manufacturer" at the bottom. License plates issued

489 for vehicles taxed under s. 320.08(5)(d) or (e) must be

490 imprinted with the word "Wrecker" at the bottom. Any county may,

491 upon majority vote of the county commission, elect to have the

492 county name removed from the license plates sold in that county.

493 The state motto or the words "Sunshine State" shall be printed

494 in lieu thereof. A license plate issued for a vehicle taxed

495 under s. 320.08(6) may not be assigned a registration license

496 number, or be issued with any other distinctive character or

497 designation, that distinguishes the motor vehicle as a for-hire

498 motor vehicle.

499 (b) An additional fee of 50 cents shall be collected on

500 each motor vehicle registration or motor vehicle renewal

501 registration issued in this state in order for all license

502 plates ~~and validation stickers~~ to be fully treated with

503 retroreflection material. The fee shall be deposited into the

504 Highway Safety Operating Trust Fund.

505 (3)(4) The corporation organized under chapter 946 may

506 manufacture license plates, ~~validation stickers,~~ and decals, as

507 well as temporary tags, disabled hang tags, vessel decals, and

508 fuel use decals, for the Department of Highway Safety and Motor

509 Vehicles as provided in this chapter and chapter 327. The

510 Department of Highway Safety and Motor Vehicles is not required

511 to obtain competitive bids in order to contract with the

512 corporation.

513 (4)(5) The department may conduct a pilot program to

514 evaluate the designs, concepts, and technologies for alternative

515 license plates. For purposes of the pilot program, the

516 department shall investigate the feasibility and use of

517 alternative license plate technologies and the long-term cost

518 impact to the consumer. The pilot program shall be limited to

519 license plates that are used on government-owned motor vehicles

520 as described in s. 320.0655. Such license plates are exempt from

521 the requirements in paragraph (2)(a) ~~(3)(a).~~

522 (5)(6) All license plates issued pursuant to this chapter

523 are the property of this ~~the~~ state.

524 Section 11. Paragraph (c) of subsection (3) of section

525 330.41, Florida Statutes, is amended, and paragraph (e) is added

526 to that subsection, to read:

527 330.41 Unmanned Aircraft Systems Act.—

528 (3) REGULATION.—

529 (c)1. Except as otherwise expressly provided, a political

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

531 development permit, or other conditional use approval to a drone

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

533 ordinance or resolution that prohibits a drone delivery

534 service's operation ~~based on the location of its drone port,~~

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

536 political subdivision may enforce minimum setback and

537 landscaping regulations that are generally applicable to

538 permitted uses in the drone port site's zoning district. This

539 paragraph may not be construed to authorize a political

540 subdivision to require additional landscaping as a condition of

541 approval ~~of a drone port.~~

542 2. A drone delivery service may not operate or provide

543 delivery services within a prohibited zone of operation.

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

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

546 of parking spaces for the purpose of meeting applicable minimum

547 parking requirements.

548 Section 12. Subsection (1) of section 332.001, Florida

549 Statutes, is amended to read:

550 332.001 Aviation; powers and duties of the Department of

551 Transportation.—

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

553 the Department of Transportation to plan and direct investments

554 in airport systems in this state to facilitate the efficient

555 movement of passengers and cargo and to continuously improve the

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

557 state's businesses. In carrying out this duty and

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

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

560 organizations and individuals in planning such systems of

561 airports.

562 Section 13. Subsection (10) is added to section 332.006,

563 Florida Statutes, to read:

564 332.006 Duties and responsibilities of the Department of

565 Transportation.—The Department of Transportation shall, within

566 the resources provided to the department:

567 (10) Coordinate with commercial service airports in this

568 state to review policies and programs of the United States

569 Transportation Security Administration, including programs for

570 veterans and active duty members of the United States Armed

571 Forces and their families, to increase the efficiency of

572 passenger screening and the overall customer service experience

573 of the flying public.

574 Section 14. Subsections (4), (5), and (6) of section

575 332.0075, Florida Statutes, are renumbered as subsections (5),

576 (6), and (7), respectively, and a new subsection (4) is added to

577 that section to read:

578 332.0075 Commercial service airports; transparency and

579 accountability; penalty.—

580 (4) Notwithstanding any other provision of law, commercial

581 service airports must provide methods for obtaining and

582 maintaining critical infrastructure resources for the airport,

583 its tenants, and the traveling public. Such strategies must

584 include long-term contracts and rights of first refusal

585 regarding the sale of and contingency plans for such resources.

586 For purposes of this subsection, the term "critical

587 infrastructure resources" includes, but is not limited to,

588 access to electricity, fuel, and water resources.

589 Section 15. Subsections (1) through (37) of section 334.03, Florida Statutes, are renumbered as subsections (2)

591 through (38), respectively, present subsection (29) is amended,

592 and a new subsection (1) is added to that section, to read:

593 334.03 Definitions.—When used in the Florida

594 Transportation Code, the term:

595 (1) "Advanced air mobility corridor connection point"

596 means any land area or transportation facility, including any

597 airspace, designated by the department as suitable to support

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

599 connection point for advanced air mobility.

600 ~~(30)(29)~~ "Transportation corridor" means any advanced air

601 mobility corridor connection point or any land area designated

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

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

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

605 transportation, including areas necessary for management of

606 access and securing applicable approvals and permits.

607 Transportation corridors, other than advanced air mobility

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

609 to, the following:

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

611 (b) All property or property interests necessary for

612 future transportation facilities, including rights of access,

613 air, view, and light, whether public or private, for the purpose

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

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

616 now or in the future for securing applicable approvals and

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

618 rest areas, replacement access for landowners whose access could

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

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

621 facilities.

622 Section 16. Subsections (5), (20), and (21) of section

623 334.044, Florida Statutes, are amended, and subsections (40),

624 (41), and (42) are added to that section, to read:

625 334.044 Powers and duties of the department.—The

626 department shall have the following general powers and duties:

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

628 materials, including the purchase of promotional items as part

629 of public information and education campaigns for the promotion

630 of environmental management, scenic highways, traffic and train

631 safety awareness, commercial motor vehicle safety, workforce

632 development, transportation economic development opportunities

633 ~~electric vehicle use and charging stations,~~ autonomous vehicles,

634 advanced air mobility, and context classification for electric

635 vehicles and autonomous vehicles; to purchase, lease, or

636 otherwise acquire equipment and supplies; and to sell, exchange,

637 or otherwise dispose of any property that is no longer needed by

638 the department.

639 (20) To operate and maintain research facilities

640 designated by the department, to conduct and enter into

641 contracts and agreements for compensation for conducting

642 research by the department and private entities ~~studies,~~ and to

643 collect data necessary for the improvement of the state

644 transportation system.

645 (21) To conduct and enter into contracts and agreements

646 for research and demonstration projects relative to innovative

647 transportation technologies.

648 (40) To coordinate with local governmental entities to

649 review grant applications for federal funding for transportation

650 projects that impact or may impact state-owned rights-of-way,

651 roads, bridges, or limited access facilities.

652 (41) To coordinate with and provide assistance to local

653 governmental entities in the development and review of

654 applications for federal transportation funding.

655 (42) Notwithstanding s. 20.255(9), to serve as the point

656 of contact for statewide topographic aerial light detection and

657 ranging (LiDAR) procurement and cost sharing related to

658 statewide geographic information systems and geospatial data

659 sharing. The department may provide these services to other

660 state and local agencies by entering into an interagency

661 agreement consistent with chapter 216. Notwithstanding any other

662 law, including any charter provision, ordinance, statute, or

663 special law, all state and local agencies conducting programs or

664 exercising powers relating to topographic aerial LiDAR may enter

665 into interagency agreements consistent with chapter 216 with the

666 department for the provision by the department of topographic

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

668 delegate such authority to conduct programs or exercise powers

669 relating to topographic aerial LiDAR procurement and cost-

670 sharing services to the department pursuant to such interagency

671 agreements. The department may adopt rules pursuant to ss.

672 120.536(1) and 120.54 to implement this subsection.

673 Section 17. Subsection (3) is added to section 334.63,

674 Florida Statutes, to read:

675 334.63 Project concept studies and project development and

676 environment studies.—

677 (3)(a) It is the policy of this state that nonpecuniary

678 factors are not considerations in taxpayer-funded project

679 development and environmental studies. To the extent such

680 nonpecuniary factors are a requirement of federal law or as a

681 condition of receipt of federal transportation funding, a

682 governmental entity must include the following in any

683 publication, document, report, presentation, webpage, or digital

684 application:

685 1. A written statement that federal law requires such

686 considerations as part of the project development and

687 environmental study in question and a reference to such federal

688 law.

689 2. The amount of taxpayer funding required to make such

690 considerations, including the approximate increase in costs

691 related to nonpecuniary factors.

692 3. The estimated cost increase for all project phases for

693 the overall recommended project when nonpecuniary factors are

694 considered.

695 (b) For purposes of this subsection, the term

696 "nonpecuniary factor" includes any of the following:

697 1. Considerations related to social justice, including

698 diversity, equity, and inclusion or the placement of highways or

699 transportation facilities having a disproportionate effect or

700 impact on a specific demographic;

701 2. Considerations related to environmental justice,

702 including the social or cultural environment being impacted by

703 the actions;

704 3. Sociocultural effect evaluations; or

705 4. Additional considerations related to climate alarmism,

706 including any benchmark, standard, threshold, goal, or

707 requirement related to emissions, motor vehicle fuel sources,

708 decarbonization, and net-zero policies. For purposes of this

709 subparagraph, the term "net-zero policies" means achieving a

710 balance between the total amount of greenhouse gases released

711 into the atmosphere and the amount removed. The term does not

712 include standard reviews related to section 4(f) requirements

713 outlined in 49 U.S.C. s. 303 and 23 U.S.C. s. 138.

714 Section 18. Paragraphs (a) and (i) of subsection (3) and paragraphs (b), (d), and (r) of subsection (7) of section

716 337.401, Florida Statutes, are amended to read:

717 337.401 Use of right-of-way for utilities subject to

718 regulation; permit; fees.—

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

720 providers of communications services, including, but not limited

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

722 that federal and state law require the nondiscriminatory

723 treatment of providers of telecommunications services, and

724 because of the desire to promote competition among providers of

725 communications services, it is the intent of the Legislature

726 that municipalities and counties treat providers of

727 communications services in a nondiscriminatory and competitively

728 neutral manner when imposing rules or regulations governing the

729 placement or maintenance of communications facilities in the

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

731 municipality or county relating to providers of communications

732 services placing or maintaining communications facilities in its

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

734 providers of communications services, taking into account the

735 distinct engineering, construction, operation, maintenance,

736 public works, and safety requirements of the provider's

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

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

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

740 municipality or county as a condition of placing or maintaining

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

742 addition to other reasonable rules or regulations that a

743 municipality or county may adopt relating to the placement or

744 maintenance of communications facilities in its roads or rights-

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

746 or county may require a provider of communications services that

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

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

749 provider of communications services may be required only to

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

751 contact person for the registrant; the number of the

752 registrant's current certificate of authorization issued by the

753 Florida Public Service Commission, the Federal Communications

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

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

756 subparagraph (6)(a)1.; the registrant's federal employer

757 identification number; and any required proof of insurance or

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

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

760 registration more frequently than every 5 years but may require

761 during this period that a registrant update the registration

762 information provided under this subsection within 90 days after

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

764 require the registrant to provide an inventory of communications

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

766 information by a registrant as a condition of registration,

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

768 municipality or county may require as part of a permit

769 application that the applicant identify at-grade communications

770 facilities within 50 feet of the proposed installation location

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

772 municipality or county may not require a provider to pay any

773 fee, cost, or other charge for registration or renewal thereof.

774 A municipality or county may not require a provider to locate or

775 perform a survey of any facilities other than those of the

776 provider or to perform a survey of any right-of-way boundary as

777 a condition of a permit. If the owner of a facility fails to

778 locate its facilities as required by chapter 556, a provider

779 must use reasonable care and detection equipment or other

780 acceptable means to avoid damaging existing underground

781 facilities. A municipality or county may not in any way limit

782 the number of permits issued to a provider, including by project

783 size or by limiting the number of open permits or applications,

784 provided that the permit is closed within 45 days after the

785 provider completes the work. A municipality or county may

786 require the submission or maintenance of a bond or other

787 financial instrument as provided in this section but may not

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

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

790 Legislature that the placement, operation, maintenance,

791 upgrading, and extension of communications facilities not be

792 unreasonably interrupted or delayed through the permitting or

793 other local regulatory process. Except as provided in this

794 chapter or otherwise expressly authorized by chapter 202,

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

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

797 the placement or operation of communications facilities in a

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

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

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

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

802 facilities or the provision of communications services over the

803 communications services provider's communications facilities in

804 a right-of-way.

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

806 section does not modify the authority of municipalities and

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

808 of providers of communications services under ss. 337.402-

809 337.404. This section does not apply to ~~building permits,~~ pole

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

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

812 communications facilities.

813 (7)

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

815 term:

816 1. "Antenna" means communications equipment that transmits

817 or receives electromagnetic radio frequency signals used in

818 providing wireless services.

819 2. "Applicable codes" means uniform building, fire,

820 electrical, plumbing, or mechanical codes adopted by a

821 recognized national code organization or local amendments to

822 those codes enacted solely to address threats of destruction of

823 property or injury to persons, and includes the National

824 Electric Safety Code and the 2017 edition of the Florida

825 Department of Transportation Utility Accommodation Manual.

826 3. "Applicant" means a person who submits an application

827 and is a wireless provider.

828 4. "Application" means a request submitted by an applicant

829 to an authority for a permit to collocate small wireless

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

831 small wireless facility, or place other communications

832 facilities. An authority's permit application form or process

833 must include all required permissions, however designated,

834 required by the authority to grant a permit to place

835 communications facilities, including, but not limited to, right-

836 of-way occupancy, building permits, electrical permits, and

837 historic review.

838 5. "Authority" means a county or municipality having

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

840 road. The term does not include the Department of

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

842 of the department are excluded from this subsection.

843 6. "Authority utility pole" means a utility pole owned by

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

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

846 pole used to support municipally owned or operated electric

847 distribution facilities, or a utility pole located in the right-

848 of-way within:

849 a. A retirement community that:

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

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

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

853 (III) Has underground utilities for electric transmission

854 or distribution.

855 b. A municipality that:

856 (I) Is located on a coastal barrier island as defined in

857 s. 161.053(1)(b)3.;

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

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

860 (IV) Has, before July 1, 2017, received referendum

861 approval to issue debt to finance municipal-wide undergrounding

862 of its utilities for electric transmission or distribution.

863 7. "Collocate" or "collocation" means to install, mount,

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

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

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

867 installation of a new utility pole or wireless support structure

868 in the public rights-of-way.

869 8. "FCC" means the Federal Communications Commission.

870 9. "Micro wireless facility" means a small wireless

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

872 15 inches in width, and 12 inches in height and an exterior

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

874 10. "Small wireless facility" means a wireless facility

875 that meets the following qualifications:

876 a. Each antenna associated with the facility is located

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

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

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

880 no more than 6 cubic feet in volume; and

881 b. All other wireless equipment associated with the

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

883 The following types of associated ancillary equipment are not

884 included in the calculation of equipment volume: electric

885 meters, concealment elements, telecommunications demarcation

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

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

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

889 other support structures.

890 11. "Utility pole" means a pole or similar structure that

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

892 or for electric distribution, lighting, traffic control,

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

894 support structure for traffic lights but does not include a

895 horizontal structure to which signal lights or other traffic

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

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

898 grants a waiver for such pole.

899 12. "Wireless facility" means equipment at a fixed

900 location which enables wireless communications between user

901 equipment and a communications network, including radio

902 transceivers, antennas, wires, coaxial or fiber-optic cable or

903 other cables, regular and backup power supplies, and comparable

904 equipment, regardless of technological configuration, and

905 equipment associated with wireless communications. The term

906 includes small wireless facilities. The term does not include:

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

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

909 b. Wireline backhaul facilities; or

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

911 structures or utility poles or that is otherwise not immediately

912 adjacent to or directly associated with a particular antenna.

913 13. "Wireless infrastructure provider" means a person who

914 has been certificated under chapter 364 to provide

915 telecommunications service or under chapter 610 to provide cable

916 or video services in this state, or that person's affiliate, and

917 who builds or installs wireless communication transmission

918 equipment, wireless facilities, or wireless support structures

919 but is not a wireless services provider.

920 14. "Wireless provider" means a wireless infrastructure

921 provider or a wireless services provider.

922 15. "Wireless services" means any services provided using

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

924 mobile, using wireless facilities.

925 16. "Wireless services provider" means a person who

926 provides wireless services.

927 17. "Wireless support structure" means a freestanding

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

929 or another existing or proposed structure designed to support or

930 capable of supporting wireless facilities. The term does not

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

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

933 than 5 feet in height.

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

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

936 shall accept applications for permits and shall process and

937 issue permits subject to the following requirements:

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

939 applicant to perform services unrelated to the collocation for

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

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

942 the authority.

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

944 information to obtain a permit than is necessary to demonstrate

945 the applicant's compliance with applicable codes for the

946 placement of small wireless facilities in the locations

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

948 to provide inventories, maps, or locations of communications

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

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

951 the specific location proposed for a small wireless facility or

952 within 50 feet of such location.

953 3. An authority may not:

954 a. Require the placement of small wireless facilities on

955 any specific utility pole or category of poles;

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

957 single utility pole;

958 c. Require a demonstration that collocation of a small

959 wireless facility on an existing structure is not legally or

960 technically possible as a condition for granting a permit for

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

962 pole except as provided in paragraph (i);

963 d. Require compliance with an authority's provisions

964 regarding placement of communications facilities, including

965 small wireless facilities or a new utility pole used to support

966 a small wireless facility, in rights-of-way under the control of

967 the department unless the authority has received a delegation

968 from the department for the location of the small wireless

969 facility or utility pole, or require such compliance as a

970 condition to receive a permit that is ancillary to the permit

971 for collocation of a small wireless facility, including an

972 electrical permit;

973 e. Require a meeting before filing an application;

974 f. Require direct or indirect public notification or a

975 public meeting for the placement of communication facilities in

976 the right-of-way;

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

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

979 facility complies with the size limits in this subsection;

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

981 support the collocation of a small wireless facility if the

982 installation otherwise meets the requirements of this

983 subsection; or

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

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

986 j. Require compliance with an authority's provisions

987 regarding the placement of communications facilities, including

988 small wireless facilities or a new utility pole used to support

989 a small wireless facility, in rights-of-way not owned and

990 controlled by the authority or public utility easements that are

991 not within an area owned and controlled by the authority unless

992 a permit delegation agreement exists between the authority and

993 the owner of the rights-of-way or easement.

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

995 the placement, by minimum separation distances, of small

996 wireless facilities, utility poles on which small wireless

997 facilities are or will be collocated, or other at-grade

998 communications facilities. However, within 14 days after the

999 date of filing the application, an authority may request that

1000 the proposed location of a small wireless facility be moved to

1001 another location in the right-of-way and placed on an

1002 alternative authority utility pole or support structure or

1003 placed on a new utility pole. The authority and the applicant

1004 may negotiate the alternative location, including any objective

1005 design standards and reasonable spacing requirements for ground-

1006 based equipment, for 30 days after the date of the request. At

1007 the conclusion of the negotiation period, if the alternative

1008 location is accepted by the applicant, the applicant must notify

1009 the authority of such acceptance and the application shall be

1010 deemed granted for any new location for which there is agreement

1011 and all other locations in the application. If an agreement is

1012 not reached, the applicant must notify the authority of such

1013 nonagreement and the authority must grant or deny the original

1014 application within 90 days after the date the application was

1015 filed. A request for an alternative location, an acceptance of

1016 an alternative location, or a rejection of an alternative

1017 location must be in writing and provided by electronic mail.

1018 5. An authority shall limit the height of a small wireless

1019 facility to 10 feet above the utility pole or structure upon

1020 which the small wireless facility is to be collocated. Unless

1021 waived by an authority, the height for a new utility pole is

1022 limited to the tallest existing utility pole as of July 1, 2017,

1023 located in the same right-of-way, other than a utility pole for

1024 which a waiver has previously been granted, measured from grade

1025 in place within 500 feet of the proposed location of the small

1026 wireless facility. If there is no utility pole within 500 feet,

1027 the authority shall limit the height of the utility pole to 50

1028 feet.

1029 6. The installation by a communications services provider

1030 of a utility pole in the public rights-of-way, other than a

1031 utility pole used to support a small wireless facility, is

1032 subject to authority rules or regulations governing the

1033 placement of utility poles in the public rights-of-way.

1034 7. Within 14 days after receiving an application, an

1035 authority must determine and notify the applicant by electronic

1036 mail as to whether the application is complete. If an

1037 application is deemed incomplete, the authority must

1038 specifically identify the missing information. An application is

1039 deemed complete if the authority fails to provide notification

1040 to the applicant within 14 days.

1041 8. An application must be processed on a nondiscriminatory

1042 basis. A complete application is deemed approved if an authority

1043 fails to approve or deny the application within 60 days after

1044 receipt of the application. If an authority does not use the 30-

1045 day negotiation period provided in subparagraph 4., the parties

1046 may mutually agree to extend the 60-day application review

1047 period. The authority shall grant or deny the application at the

1048 end of the extended period. A permit issued pursuant to an

1049 approved application shall remain effective for 1 year unless

1050 extended by the authority.

1051 9. An authority must notify the applicant of approval or

1052 denial by electronic mail. An authority shall approve a complete

1053 application unless it does not meet the authority's applicable

1054 codes. If the application is denied, the authority must specify

1055 in writing the basis for denial, including the specific code

1056 provisions on which the denial was based, and send the

1057 documentation to the applicant by electronic mail on the day the

1058 authority denies the application. The applicant may cure the

1059 deficiencies identified by the authority and resubmit the

1060 application within 30 days after notice of the denial is sent to

1061 the applicant. The authority shall approve or deny the revised

1062 application within 30 days after receipt or the application is

1063 deemed approved. The review of a revised application is limited

1064 to the deficiencies cited in the denial. If an authority

1065 provides for administrative review of the denial of an

1066 application, the review must be complete and a written decision

1067 issued within 45 days after a written request for review is

1068 made. A denial must identify the specific code provisions on

1069 which the denial is based. If the administrative review is not

1070 complete within 45 days, the authority waives any claim

1071 regarding failure to exhaust administrative remedies in any

1072 judicial review of the denial of an application.

1073 10. An applicant seeking to collocate small wireless

1074 facilities within the jurisdiction of a single authority may, at

1075 the applicant's discretion, file a consolidated application and

1076 receive a single permit for the collocation of up to 30 small

1077 wireless facilities. If the application includes multiple small

1078 wireless facilities, an authority may separately address small

1079 wireless facility collocations for which incomplete information

1080 has been received or which are denied.

1081 11. An authority may deny an application to collocate a

1082 small wireless facility or place a utility pole used to support

1083 a small wireless facility in the public rights-of-way if the

1084 proposed small wireless facility or utility pole used to support

1085 a small wireless facility:

1086 a. Materially interferes with the safe operation of

1087 traffic control equipment.

1088 b. Materially interferes with sight lines or clear zones

1089 for transportation, pedestrians, or public safety purposes.

1090 c. Materially interferes with compliance with the

1091 Americans with Disabilities Act or similar federal or state

1092 standards regarding pedestrian access or movement.

1093 d. Materially fails to comply with the 2017 edition of the

1094 Florida Department of Transportation Utility Accommodation

1095 Manual.

1096 e. Fails to comply with applicable codes.

1097 f. Fails to comply with objective design standards

1098 authorized under paragraph (r).

1099 12. An authority may adopt by ordinance provisions for

1100 insurance coverage, indemnification, force majeure, abandonment,

1101 authority liability, or authority warranties. Such provisions

1102 must be reasonable and nondiscriminatory and apply to all

1103 providers of communications services, including, if applicable,

1104 any local government or nonprofit providers. An authority may

1105 require a construction bond to secure restoration of the

1106 postconstruction rights-of-way to the preconstruction condition.

1107 However, such bond must be time-limited to not more than 18

1108 months after the construction to which the bond applies is

1109 completed and must be reasonably related to the cost to secure

1110 restoration of the rights-of-way. An authority may not limit the

1111 number of permits allowed under this same bond. For any

1112 financial obligation required by an authority allowed under this

1113 section, the authority may not in any way limit the number of

1114 permits issued to a provider, including by project size or by

1115 limiting the number of open permits or applications, provided

1116 that the permit is closed within 45 days after the provider

1117 completes the work, or by imposing additional requirements based

1118 on the scope or linear feet of a project. For any financial

1119 obligation required by an authority allowed under this section,

1120 the authority shall accept, at the option of the applicant, a

1121 bond or a letter of credit or similar financial instrument

1122 issued by any financial institution that is authorized to do

1123 business within the United States, provided that a claim against

1124 the financial instrument may be made by electronic means,

1125 ~~including by facsimile.~~ An authority may not require a deposit

1126 or escrow of cash as a condition of issuing a permit or compel

1127 the applicant to agree to any additional terms or agreements not

1128 specifically authorized by this section nor directly related to

1129 the work specified in the application. A provider of

1130 communications services may add an authority to any existing

1131 bond, insurance policy, or other relevant financial instrument,

1132 and the authority must accept such proof of coverage without any

1133 conditions other than consent to venue for purposes of any

1134 litigation to which the authority is a party. An authority may

1135 not require a communications services provider to indemnify it

1136 for liabilities not caused by the provider or the provider's

1137 agents or employees, including liabilities arising from the

1138 authority's negligence, gross negligence, or willful conduct or

1139 liabilities caused by an unaffiliated third party.

1140 13. Collocation of a small wireless facility on an

1141 authority utility pole does not provide the basis for the

1142 imposition of an ad valorem tax on the authority utility pole.

1143 14. An authority may reserve space on authority utility

1144 poles for future public safety uses. However, a reservation of

1145 space may not preclude collocation of a small wireless facility.

1146 If replacement of the authority utility pole is necessary to

1147 accommodate the collocation of the small wireless facility and

1148 the future public safety use, the pole replacement is subject to

1149 make-ready provisions and the replaced pole shall accommodate

1150 the future public safety use.

1151 15. A structure granted a permit and installed pursuant to

1152 this subsection shall comply with chapter 333 and federal

1153 regulations pertaining to airport airspace protections.

1154 (r) An authority may require wireless providers to comply

1155 with objective design standards adopted by ordinance. The

1156 ordinance may only require:

1157 1. A new utility pole that replaces an existing utility

1158 pole to be of substantially similar design, material, and color;

1159 2. Reasonable spacing requirements concerning the location

1160 of a ground-mounted component of a small wireless facility which

1161 does not exceed 15 feet from the associated support structure;

1162 or

1163 3. A small wireless facility to meet reasonable location

1164 context, color, camouflage, and concealment requirements,

1165 subject to the limitations in this subsection; and

1166 4. A new utility pole used to support a small wireless

1167 facility to meet reasonable location context, color, and

1168 material of the predominant utility pole type at the proposed

1169 location of the new utility pole.

1171 Such design standards under this paragraph may be waived by the

1172 authority upon a showing that the design standards are not

1173 reasonably compatible for the particular location of a small

1174 wireless facility or utility pole or are technically infeasible

1175 or that the design standards impose an excessive expense. The

1176 waiver must be granted or denied within 45 days after the date

1177 of the request. An authority may not require landscaping,

1178 landscaping maintenance, or vegetation management other than

1179 that necessary for right-of-way restoration. Section 19. Paragraph (b) of subsection (2) and paragraph

1181 (d) of subsection (5) of section 339.81, Florida Statutes, are

1182 amended to read:

1183 339.81 Florida Shared-Use Nonmotorized Trail Network.—

1184 (2)

1185 (b) The multiuse trails or shared-use paths of the

1186 statewide network must be physically separated from motor

1187 vehicle traffic and constructed with asphalt, concrete, or

1188 another improved hard surface approved by the department.

1189 (5)

1190 (d) To the greatest extent practicable, the department

1191 shall program projects in the work program to plan for

1192 development of the entire trail and to minimize the creation of

1193 gaps between trail segments. The department shall, at a minimum,

1194 ensure that local support exists for projects and trail

1195 segments, including the availability or dedication of local

1196 funding sources and of contributions by private landowners who

1197 agree to make their land, or property interests in such land,

1198 available for public use as a trail. The department may also

1199 consider any sponsorship agreement entered into pursuant to

1200 subsection (7).

1201 Section 20. Subsection (16) of section 341.041, Florida

1202 Statutes, is amended to read:

1203 341.041 Transit responsibilities of the department.—The

1204 department shall, within the resources provided pursuant to

1205 chapter 216:

1206 (16) Unless otherwise provided by state or federal law,

1207 ensure that all grants and agreements between the department and

1208 entities providing paratransit services to persons with

1209 disabilities include, at a minimum, the following provisions:

1210 (a) Performance requirements for the delivery of services,

1211 including clear penalties for repeated or continuing violations;

1212 (b) Minimum liability insurance requirements for all

1213 transportation services purchased, provided, or coordinated for

1214 the transportation disadvantaged, as defined in s. 427.011(1),

1215 through the contracted vendor or subcontractor thereof;

1216 (c) Complaint and grievance processes for users of

1217 paratransit services for persons with disabilities ~~users,~~

1218 including a requirement that all reported complaints,

1219 grievances, and resolutions be reported to the department on a

1220 quarterly basis; and

1221 (d) A requirement that the provisions of paragraphs (a),

1222 (b), and (c) must be included in any agreement between an entity

1223 receiving a grant or an agreement from the department and such

1224 entity's contractors or subcontractors that provide paratransit

1225 services for persons with disabilities.

1226 Section 21. Subsections (1), (2), and (3) of section

1227 479.25, Florida Statutes, are amended to read:

1228 479.25 Erection of noise-attenuation barrier, ramp, or

1229 braided bridge blocking view of sign; procedures; application.—

1230 (1) The owner of a lawfully erected sign that is governed

1231 by and conforms to state and federal requirements for land use,

1232 size, height, and spacing may increase the height above ground

1233 level of such sign at its permitted location if a noise-

1234 attenuation barrier, ramp, or braided bridge is permitted by or

1235 erected by any governmental entity in such a way as to screen or

1236 block visibility of the sign. Any increase in height permitted

1237 under this section may only be the increase in height which is

1238 required to achieve the same degree of visibility from the

1239 right-of-way which the sign had before the construction of the

1240 noise-attenuation barrier, ramp, or braided bridge,

1241 notwithstanding the restrictions contained in s. 479.07(9)(b),

1242 provided that in no event shall the height of the sign exceed

1243 100 feet above the crown of the main traveled way of the road to

1244 which the sign is permitted, regardless of the height of the

1245 visual obstruction. A sign reconstructed under this section must

1246 comply with the building standards and wind load requirements

1247 provided in the Florida Building Code. If construction of a

1248 proposed noise-attenuation barrier, ramp, or braided bridge will

1249 screen a sign lawfully permitted under this chapter, the

1250 department shall provide notice to the local government or local

1251 jurisdiction within which the sign is located before

1252 construction. Upon a determination that an increase in the

1253 height of a sign as permitted under this section will violate an

1254 ordinance or a land development regulation of the local

1255 government or local jurisdiction, the local government or local

1256 jurisdiction shall, before construction:

1257 (a) Provide a variance or waiver to the local ordinance or

1258 land development regulations to allow an increase in the height

1259 of the sign;

1260 (b) Allow the sign to be relocated or reconstructed at

1261 another location if the sign owner agrees; or

1262 (c) Pay the fair market value of the sign and its

1263 associated interest in the real property.

1264 (2) The department shall hold a public hearing within the

1265 boundaries of the affected local governments or local

1266 jurisdictions to receive input on the proposed noise-attenuation

1267 barrier, ramp, or braided bridge and its conflict with the local

1268 ordinance or land development regulation and to suggest or

1269 consider alternatives or modifications to alleviate or minimize

1270 the conflict with the local ordinance or land development

1271 regulation or minimize any costs that may be associated with

1272 relocating, reconstructing, or paying for the affected sign. The

1273 public hearing may be held concurrently with other public

1274 hearings scheduled for the project. The department shall provide

1275 a written notification to the local government or local

1276 jurisdiction of the date and time of the public hearing and

1277 shall provide general notice of the public hearing in accordance

1278 with the notice provisions of s. 335.02(1). The notice may not

1279 be placed in that portion of a newspaper in which legal notices

1280 or classified advertisements appear. The notice must

1281 specifically state that:

1282 (a) Erection of the proposed noise-attenuation barrier,

1283 ramp, or braided bridge may block the visibility of an existing

1284 outdoor advertising sign;

1285 (b) The local government or local jurisdiction may

1286 restrict or prohibit increasing the height of the existing

1287 outdoor advertising sign; and

1288 (c) Upon construction of the noise-attenuation barrier,

1289 ramp, or braided bridge, the local government or local

1290 jurisdiction shall:

1291 1. Allow an increase in the height of the sign through a

1292 waiver or variance to a local ordinance or land development

1293 regulation;

1294 2. Allow the sign to be relocated or reconstructed at

1295 another location if the sign owner agrees; or

1296 3. Pay the fair market value of the sign and its

1297 associated interest in the real property.

1298 (3) The department may not permit erection of the noise-

1299 attenuation barrier, ramp, or braided bridge to the extent the

1300 barrier, ramp, or bridge screens or blocks visibility of the

1301 sign until after the public hearing is held.

1302 Section 22.. Section 790.19, Florida Statutes, is amended

1303 to read:

1304 790.19 Shooting into or throwing deadly missiles into

1305 occupied or unoccupied ~~dwellings,~~ public or private buildings,

1306 ~~occupied or not occupied;~~ vessels, aircraft, public or private

1307 buses, railroad cars, streetcars, or other vehicles.—Any person

1308 who ~~Whoever,~~ wantonly or maliciously, shoots at, within, or

1309 into, or throws any missile or hurls or projects a stone or

1310 other hard substance which would produce death or great bodily

1311 harm, at, within, or into, in any occupied or unoccupied public

1312 or private building; any, ~~occupied or unoccupied, or~~ public or

1313 private bus; or any train, locomotive, railway car, caboose,

1314 cable railway car, street railway car, monorail car, or vehicle

1315 of any kind which is being used or occupied by any person; any

1316 occupied or unoccupied autonomous vehicle;, or any boat, vessel,

1317 ship, or barge lying in or plying the waters of this state;, or

1318 any aircraft flying through the airspace of this state commits

1319 ~~shall be guilty of~~ a felony of the second degree, punishable as

1320 provided in s. 775.082, s. 775.083, or s. 775.084.

1321 Section 23. Subsections (2) through (12) of section

1322 806.13, Florida Statutes, are renumbered as subsections (3)

1323 through (13), respectively, present subsection (11) is amended,

1324 and a new subsection (2) is added to that section, to read:

1325 806.13 Criminal mischief; penalties; penalty for minor.—

1326 (2) Any person who willfully or maliciously defaces,

1327 injures, or damages by any means any autonomous vehicle, as

1328 defined in s. 316.003(3), commits a felony of the third degree,

1329 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

1330 if the damage to the autonomous vehicle is greater than $200.

1331 ~~(12)(11)~~ A minor whose driver license or driving privilege

1332 is revoked, suspended, or withheld under subsection (11) ~~(10)~~

1333 may elect to reduce the period of revocation, suspension, or

1334 withholding by performing community service at the rate of 1 day

1335 for each hour of community service performed. In addition, if

1336 the court determines that due to a family hardship, the minor's

1337 driver license or driving privilege is necessary for employment

1338 or medical purposes of the minor or a member of the minor's

1339 family, the court shall order the minor to perform community

1340 service and reduce the period of revocation, suspension, or

1341 withholding at the rate of 1 day for each hour of community

1342 service performed. As used in this subsection, the term

1343 "community service" means cleaning graffiti from public

1344 property.

1345 Section 24. Paragraph (b) of subsection (3) of section

1346 311.07, Florida Statutes, is amended to read:

1347 311.07 Florida seaport transportation and economic

1348 development funding.—

1349 (3)

1350 (b) Projects eligible for funding by grants under the

1351 program are limited to the following port facilities or port

1352 transportation projects:

1353 1. Transportation facilities within the jurisdiction of

1354 the port.

1355 2. The dredging or deepening of channels, turning basins,

1356 or harbors.

1357 3. The construction or rehabilitation of wharves, docks,

1358 structures, jetties, piers, storage facilities, cruise

1359 terminals, automated people mover systems, or any facilities

1360 necessary or useful in connection with any of the foregoing.

1361 4. The acquisition of vessel tracking systems, container

1362 cranes, or other mechanized equipment used in the movement of

1363 cargo or passengers in international commerce.

1364 5. The acquisition of land to be used for port purposes.

1365 6. The acquisition, improvement, enlargement, or extension

1366 of existing port facilities.

1367 7. Environmental protection projects which are necessary

1368 because of requirements imposed by a state agency as a condition

1369 of a permit or other form of state approval; which are necessary

1370 for environmental mitigation required as a condition of a state,

1371 federal, or local environmental permit; which are necessary for

1372 the acquisition of spoil disposal sites and improvements to

1373 existing and future spoil sites; or which result from the

1374 funding of eligible projects listed in this paragraph.

1375 8. Transportation facilities as defined in s. 334.03(31)

1376 ~~s. 334.03(30)~~ which are not otherwise part of the Department of

1377 Transportation's adopted work program.

1378 9. Intermodal access projects.

1379 10. Construction or rehabilitation of port facilities as

1380 defined in s. 315.02, excluding any park or recreational

1381 facilities, in ports listed in s. 311.09(1) with operating

1382 revenues of $5 million or less, provided that such projects

1383 create economic development opportunities, capital improvements,

1384 and positive financial returns to such ports.

1385 11. Seaport master plan or strategic plan development or

1386 updates, including the purchase of data to support such plans.

1387 12. Spaceport or space industry-related planning or

1388 construction of facilities on seaport property which are

1389 necessary or useful for advancing the space industry in this

1390 state and provide an economic benefit to this state.

1391 13. Commercial shipbuilding and manufacturing facilities

1392 on seaport property, if such projects provide an economic

1393 benefit to the community in which the seaport is located.

1394 Section 25. Paragraph (b) of subsection (2) of section

1395 316.0777, Florida Statutes, is amended to read:

1396 316.0777 Automated license plate recognition systems;

1397 installation within rights-of-way of State Highway System;

1398 public records exemption.—

1399 (2)

1400 (b) At the discretion of the Department of Transportation,

1401 an automated license plate recognition system may be installed

1402 within the right-of-way, as defined in s. 334.03(22) s.

1403 ~~334.03(21),~~ of a road on the State Highway System when installed

1404 at the request of a law enforcement agency for the purpose of

1405 collecting active criminal intelligence information or active

1406 criminal investigative information as defined in s. 119.011(3).

1407 An automated license plate recognition system may not be used to

1408 issue a notice of violation for a traffic infraction or a

1409 uniform traffic citation. Such installation must be in

1410 accordance with placement and installation guidelines developed

1411 by the Department of Transportation. An automated license plate

1412 recognition system must be removed within 30 days after the

1413 Department of Transportation notifies the requesting law

1414 enforcement agency that such removal must occur. Section 26. Paragraph (a) of subsection (3) of section

1416 316.306, Florida Statutes, is amended to read:

1417 316.306 School and work zones; prohibition on the use of a

1418 wireless communications device in a handheld manner.—

1419 (3)(a)1. A person may not operate a motor vehicle while

1420 using a wireless communications device in a handheld manner in a

1421 designated school crossing, school zone, or work zone area as

1422 defined in s. 316.003(113) ~~s. 316.003(112).~~ This subparagraph

1423 shall only be applicable to work zone areas if construction

1424 personnel are present or are operating equipment on the road or

1425 immediately adjacent to the work zone area. For the purposes of

1426 this paragraph, a motor vehicle that is stationary is not being

1427 operated and is not subject to the prohibition in this

1428 paragraph.

1429 2. Effective January 1, 2020, a law enforcement officer

1430 may stop motor vehicles and issue citations to persons who are

1431 driving while using a wireless communications device in a

1432 handheld manner in violation of subparagraph 1.

1433 Section 27. Paragraph (c) of subsection (5) of section

1434 316.515, Florida Statutes, is amended to read:

1435 316.515 Maximum width, height, length.—

1436 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;

1437 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—

1438 (c) The width and height limitations of this section do

1439 not apply to farming or agricultural equipment, whether self-

1440 propelled, pulled, or hauled, when temporarily operated during

1441 daylight hours upon a public road that is not a limited access

1442 facility as defined in s. 334.03(13) ~~s. 334.03(12),~~ and the

1443 width and height limitations may be exceeded by such equipment

1444 without a permit. To be eligible for this exemption, the

1445 equipment shall be operated within a radius of 50 miles of the

1446 real property owned, rented, managed, harvested, or leased by

1447 the equipment owner. However, equipment being delivered by a

1448 dealer to a purchaser is not subject to the 50-mile limitation.

1449 Farming or agricultural equipment greater than 174 inches in

1450 width must have one warning lamp mounted on each side of the

1451 equipment to denote the width and must have a slow-moving

1452 vehicle sign. Warning lamps required by this paragraph must be

1453 visible from the front and rear of the vehicle and must be

1454 visible from a distance of at least 1,000 feet. Section 28. Paragraphs (a) and (b) of subsection (1) of

1456 section 320.04, Florida Statutes, are amended to read:

1457 320.04 Registration service charge.—

1458 (1)(a) A service charge of $2.50 shall be imposed on each

1459 application that is handled in connection with original

1460 issuance, duplicate issuance, or transfer of a license plate or,

1461 mobile home sticker, ~~or validation sticker~~ or with transfer or

1462 duplicate issuance of a registration certificate. This service

1463 charge shall be retained by the department or by the tax

1464 collector, as the case may be, as other fees accruing to those

1465 offices.

1466 (b) A service charge of $1 shall also be imposed for the

1467 issuance of each ~~license plate validation sticker,~~ vessel decal,

1468 and mobile home sticker issued from an automated vending

1469 facility or printer dispenser machine. This service charge is

1470 payable to the department and shall be used to provide for

1471 automated vending facilities or printer dispenser machines that

1472 are used to dispense such stickers and decals by each tax

1473 collector's or license tag agent's employee.

1474 Section 29. Section 320.08035, Florida Statutes, is

1475 amended to read:

1476 320.08035 Persons who have disabilities; reduced dimension

1477 license plate.—The owner or lessee of a motorcycle, moped, or

1478 motorized disability access vehicle who resides in this state

1479 and qualifies for a parking permit for a person who has a

1480 disability under s. 320.0848, upon application and payment of

1481 the appropriate license tax and fees under s. 320.08(1), must be

1482 issued a license plate that has reduced dimensions as provided

1483 under s. 320.06(2)(a) ~~s. 320.06(3)(a).~~ The plate must be stamped

1484 with the international symbol of accessibility after the numeric

1485 and alpha serial number of the license plate. The plate entitles

1486 the person to all privileges afforded by a disabled parking

1487 permit issued under s. 320.0848.

1488 Section 30. Subsection (4) of section 320.0807, Florida

1489 Statutes, is amended to read:

1490 320.0807 Special license plates for Governor and federal

1491 and state legislators.—

1492 (4) License plates purchased under subsection (1),

1493 subsection (2), or subsection (3) shall be replaced by the

1494 department at no cost, other than the fees required under ss.

1495 320.04 and 320.06(2)(b) ~~320.06(3)(b),~~ when the person to whom

1496 the plates have been issued leaves the elective office with

1497 respect to which the license plates were issued. Within 30 days

1498 after leaving office, the person to whom the license plates have

1499 been issued must apply to the department for a replacement

1500 license plate. The person may return the prestige license plates

1501 to the department or retain the plates as souvenirs. Upon

1502 receipt of the replacement license plate, the person may not

1503 display on any vehicle the prestige license plate or plates

1504 issued with respect to his or her former office. Section 31. Paragraph (b) of subsection (4) of section

1506 320.084, Florida Statutes, is amended to read:

1507 320.084 Free motor vehicle license plate to certain

1508 disabled veterans.—

1509 (4)

1510 (b) There shall be a service charge in accordance with ~~the~~

1511 ~~provisions of~~ s. 320.04 for each initial application or renewal

1512 of registration and an additional sum of 50 cents on each

1513 license plate ~~and validation sticker~~ as provided in s.

1514 320.06(2)(b) ~~s. 320.06(3)(b).~~ Section 32. Section 320.102, Florida Statutes, is amended

1516 to read:

1517 320.102 Marine boat trailers owned by nonprofit

1518 organizations; exemptions.—The registration or renewal of a

1519 registration of any marine boat trailer owned and operated by a

1520 nonprofit organization that is exempt from federal income tax

1521 under s. 501(c)(3) of the Internal Revenue Code and which is

1522 used exclusively in carrying out its customary nonprofit

1523 activities is exempt from paying the fees, taxes, surcharges,

1524 and charges in ss. 320.03(5), (6), and (9), 320.031(2),

1525 320.04(1), 320.06(1)(b) and (2)(b) ~~(3)(b),~~ 320.0801, 320.0802,

1526 320.0804, and 320.08046.

1527 Section 33. Section 336.01, Florida Statutes, is amended

1528 to read:

1529 336.01 Designation of county road system.—The county road

1530 system shall be as defined in s. 334.03(9) ~~s. 334.03(8).~~

1531 Section 34. Subsection (2) of section 338.222, Florida

1532 Statutes, is amended to read:

1533 338.222 Department of Transportation sole governmental

1534 entity to acquire, construct, or operate turnpike projects;

1535 exception.—

1536 (2) The department may, but is not required to, contract

1537 with any local governmental entity as defined in s. 334.03(14)

1538 ~~s. 334.03(13)~~ for the design, right-of-way acquisition,

1539 transfer, purchase, sale, acquisition, or other conveyance of

1540 the ownership, operation, maintenance, or construction of any

1541 turnpike project which the Legislature has approved. Local

1542 governmental entities may negotiate and contract with the

1543 department for the design, right-of-way acquisition, transfer,

1544 purchase, sale, acquisition, or other conveyance of the

1545 ownership, operation, maintenance, or construction of any

1546 section of the turnpike project within areas of their respective

1547 jurisdictions or within counties with which they have interlocal

1548 agreements.

1549 Section 35. Subsection (2) of section 341.8225, Florida

1550 Statutes, is amended to read:

1551 341.8225 Department of Transportation sole governmental

1552 entity to acquire, construct, or operate high-speed rail

1553 projects; exception.—

1554 (2) Local governmental entities, as defined in s.

1555 334.03(14) ~~s. 334.03(13),~~ may negotiate with the department for

1556 the design, right-of-way acquisition, and construction of any

1557 component of the high-speed rail system within areas of their

1558 respective jurisdictions or within counties with which they have

1559 interlocal agreements.

1560 Section 36. Paragraph (b) of subsection (12) of section

1561 376.3071, Florida Statutes, is amended to read:

1562 376.3071 Inland Protection Trust Fund; creation; purposes;

1563 funding.—

1564 (12) SITE CLEANUP.—

1565 (b) Low-scored site initiative.—Notwithstanding

1566 subsections (5) and (6), a site with a priority ranking score of

1567 29 points or less may voluntarily participate in the low-scored

1568 site initiative regardless of whether the site is eligible for

1569 state restoration funding.

1570 1. To participate in the low-scored site initiative, the

1571 property owner, or a responsible party who provides evidence of

1572 authorization from the property owner, must submit a "No Further

1573 Action" proposal and affirmatively demonstrate that the

1574 conditions imposed under subparagraph 4. are met.

1575 2. Upon affirmative demonstration that the conditions

1576 imposed under subparagraph 4. are met, the department shall

1577 issue a site rehabilitation completion order incorporating the

1578 "No Further Action" proposal submitted by the property owner or

1579 the responsible party, who must provide evidence of

1580 authorization from the property owner. If no contamination is

1581 detected, the department may issue a site rehabilitation

1582 completion order.

1583 3. Sites that are eligible for state restoration funding

1584 may receive payment of costs for the low-scored site initiative

1585 as follows:

1586 a. A property owner, or a responsible party who provides

1587 evidence of authorization from the property owner, may submit an

1588 assessment and limited remediation plan designed to

1589 affirmatively demonstrate that the site meets the conditions

1590 imposed under subparagraph 4. Notwithstanding the priority

1591 ranking score of the site, the department may approve the cost

1592 of the assessment and limited remediation, including up to 12

1593 months of groundwater monitoring and 12 months of limited

1594 remediation activities in one or more task assignments or

1595 modifications thereof, not to exceed the threshold amount

1596 provided in s. 287.017 for CATEGORY TWO, for each site where the

1597 department has determined that the assessment and limited

1598 remediation, if applicable, will likely result in a

1599 determination of "No Further Action." The department may not pay

1600 the costs associated with the establishment of institutional or

1601 engineering controls other than the costs associated with a

1602 professional land survey or a specific purpose survey, if such

1603 is needed, and the costs associated with obtaining a title

1604 report and paying recording fees.

1605 b. After the approval of initial site assessment results

1606 provided pursuant to state funding under sub-subparagraph a.,

1607 the department may approve an additional amount not to exceed

1608 the threshold amount provided in s. 287.017 for CATEGORY TWO for

1609 limited remediation needed to achieve a determination of "No

1610 Further Action."

1611 c. The assessment and limited remediation work shall be

1612 completed no later than 15 months after the department

1613 authorizes the start of a state-funded, low-score site

1614 initiative task. If groundwater monitoring is required after the

1615 assessment and limited remediation in order to satisfy the

1616 conditions under subparagraph 4., the department may authorize

1617 an additional 12 months to complete the monitoring.

1618 d. No more than $15 million for the low-scored site

1619 initiative may be encumbered from the fund in any fiscal year.

1620 Funds shall be made available on a first-come, first-served

1621 basis and shall be limited to 10 sites in each fiscal year for

1622 each property owner or each responsible party who provides

1623 evidence of authorization from the property owner.

1624 e. Program deductibles, copayments, and the limited

1625 contamination assessment report requirements under paragraph

1626 (13)(d) do not apply to expenditures under this paragraph.

1627 4. The department shall issue an order incorporating the

1628 "No Further Action" proposal submitted by a property owner or a

1629 responsible party who provides evidence of authorization from

1630 the property owner upon affirmative demonstration that all of

1631 the following conditions are met:

1632 a. Soil saturated with petroleum or petroleum products, or

1633 soil that causes a total corrected hydrocarbon measurement of

1634 500 parts per million or higher for the Gasoline Analytical

1635 Group or 50 parts per million or higher for the Kerosene

1636 Analytical Group, as defined by department rule, does not exist

1637 onsite as a result of a release of petroleum products.

1638 b. A minimum of 12 months of groundwater monitoring

1639 indicates that the plume is shrinking or stable.

1640 c. The release of petroleum products at the site does not

1641 adversely affect adjacent surface waters, including their

1642 effects on human health and the environment.

1643 d. The area containing the petroleum products' chemicals

1644 of concern:

1645 (I) Is confined to the source property boundaries of the

1646 real property on which the discharge originated, unless the

1647 property owner has requested or authorized a more limited area

1648 in the "No Further Action" proposal submitted under this

1649 subsection; or

1650 (II) Has migrated from the source property onto or beneath

1651 a transportation facility as defined in s. 334.03(31) s.

1652 ~~334.03(30)~~ for which the department has approved, and the

1653 governmental entity owning the transportation facility has

1654 agreed to institutional controls as defined in s. 376.301(21).

1655 This sub-sub-subparagraph does not, however, impose any legal

1656 liability on the transportation facility owner, obligate such

1657 owner to engage in remediation, or waive such owner's right to

1658 recover costs for damages.

1659 e. The groundwater contamination containing the petroleum

1660 products' chemicals of concern is not a threat to any permitted

1661 potable water supply well.

1662 f. Soils onsite found between land surface and 2 feet

1663 below land surface which are subject to human exposure meet the

1664 soil cleanup target levels established in subparagraph (5)(b)9.,

1665 or human exposure is limited by appropriate institutional or

1666 engineering controls.

1668 Issuance of a site rehabilitation completion order under this

1669 paragraph acknowledges that minimal contamination exists onsite

1670 and that such contamination is not a threat to the public

1671 health, safety, or welfare; water resources; or the environment.

1672 Pursuant to subsection (4), the issuance of the site

1673 rehabilitation completion order, with or without conditions,

1674 does not alter eligibility for state-funded rehabilitation that

1675 would otherwise be applicable under this section.

1676 Section 37. Paragraph (a) of subsection (2) of section

1677 403.7211, Florida Statutes, is amended to read:

1678 403.7211 Hazardous waste facilities managing hazardous

1679 wastes generated offsite; federal facilities managing hazardous

1680 waste.—

1681 (2) The department may not issue any permit under s.

1682 403.722 for the construction, initial operation, or substantial

1683 modification of a facility for the disposal, storage, or

1684 treatment of hazardous waste generated offsite which is proposed

1685 to be located in any of the following locations:

1686 (a) Any area where life-threatening concentrations of

1687 hazardous substances could accumulate at any residence or

1688 residential subdivision as the result of a catastrophic event at

1689 the proposed facility, unless each such residence or residential

1690 subdivision is served by at least one arterial road or urban

1691 minor arterial road, as determined under the procedures

1692 referenced in s. 334.03(11) ~~s. 334.03(10),~~ which provides safe

1693 and direct egress by land to an area where such life-threatening

1694 concentrations of hazardous substances could not accumulate in a

1695 catastrophic event. Egress by any road leading from any

1696 residence or residential subdivision to any point located within

1697 1,000 yards of the proposed facility is unsafe for the purposes

1698 of this paragraph. In determining whether egress proposed by the

1699 applicant is safe and direct, the department shall also

1700 consider, at a minimum, the following factors:

1701 1. Natural barriers such as water bodies, and whether any

1702 road in the proposed evacuation route is impaired by a natural

1703 barrier such as a water body.

1704 2. Potential exposure during egress and potential

1705 increases in the duration of exposure.

1706 3. Whether any road in a proposed evacuation route passes

1707 in close proximity to the facility.

1708 4. Whether any portion of the evacuation route is

1709 inherently directed toward the facility.

1711 For the purposes of this subsection, all distances shall be

1712 measured from the outer limit of the active hazardous waste

1713 management area. "Substantial modification" includes: any

1714 physical change in, change in the operations of, or addition to

1715 a facility which could increase the potential offsite impact, or

1716 risk of impact, from a release at that facility; and any change

1717 in permit conditions which is reasonably expected to lead to

1718 greater potential impacts or risks of impacts, from a release at

1719 that facility. "Substantial modification" does not include a

1720 change in operations, structures, or permit conditions which

1721 does not substantially increase either the potential impact

1722 from, or the risk of, a release. Physical or operational changes

1723 to a facility related solely to the management of nonhazardous

1724 waste at the facility is not considered a substantial

1725 modification. The department shall, by rule, adopt criteria to

1726 determine whether a facility has been substantially modified.

1727 "Initial operation" means the initial commencement of operations

1728 at the facility.

1729 Section 38. Subsection (5) of section 479.261, Florida Statutes, is amended to read:

1731 479.261 Logo sign program.—

1732 (5) At a minimum, permit fees for businesses that

1733 participate in the program must be established in an amount

1734 sufficient to offset the total cost to the department for the

1735 program, including contract costs. The department shall provide

1736 the services in the most efficient and cost-effective manner

1737 through department staff or by contracting for some or all of

1738 the services. The department shall adopt rules that set

1739 reasonable rates based upon factors such as population, traffic

1740 volume, market demand, and costs for annual permit fees.

1741 However, annual permit fees for sign locations inside an urban

1742 area, as defined in s. 334.03(32) ~~s. 334.03(31),~~ may not exceed

1743 $3,500, and annual permit fees for sign locations outside an

1744 urban area, as defined in s. 334.03(32) ~~s. 334.03(31),~~ may not

1745 exceed $2,000. After recovering program costs, the proceeds from

1746 the annual permit fees shall be deposited into the State

1747 Transportation Trust Fund and used for transportation purposes.

1748 Section 39. Subsection (1) of section 655.960, Florida

1749 Statutes, is amended to read:

1750 655.960 Definitions; ss. 655.960-655.965.—As used in this

1751 section and ss. 655.961-655.965, unless the context otherwise

1752 requires:

1753 (1) "Access area" means any paved walkway or sidewalk

1754 which is within 50 feet of any automated teller machine. The

1755 term does not include any street or highway open to the use of

1756 the public, as defined in s. 316.003 (91)(a) or (b) s.

1757 ~~316.003(90)(a) or (b),~~ including any adjacent sidewalk, as

1758 defined in s. 316.003.

1759 Section 40. Paragraph (a) of subsection (2) of section

1760 715.07, Florida Statutes, is amended to read:

1761 715.07 Vehicles or vessels parked on private property;

1762 towing.—

1763 (2) The owner or lessee of real property, or any person

1764 authorized by the owner or lessee, which person may be the

1765 designated representative of the condominium association if the

1766 real property is a condominium, may cause any vehicle or vessel

1767 parked on such property without her or his permission to be

1768 removed by a person regularly engaged in the business of towing

1769 vehicles or vessels, without liability for the costs of removal,

1770 transportation, or storage or damages caused by such removal,

1771 transportation, or storage, under any of the following

1772 circumstances:

1773 (a) The towing or removal of any vehicle or vessel from

1774 private property without the consent of the registered owner or

1775 other legally authorized person in control of that vehicle or

1776 vessel is subject to substantial compliance with the following

1777 conditions and restrictions:

1778 1.a. Any towed or removed vehicle or vessel must be stored

1779 at a site within a 10-mile radius of the point of removal in any

1780 county of 500,000 population or more, and within a 15-mile

1781 radius of the point of removal in any county of fewer than

1782 500,000 population. That site must be open for the purpose of

1783 redemption of vehicles on any day that the person or firm towing

1784 such vehicle or vessel is open for towing purposes, from 8:00

1785 a.m. to 6:00 p.m., and, when closed, shall have prominently

1786 posted a sign indicating a telephone number where the operator

1787 of the site can be reached at all times. Upon receipt of a

1788 telephoned request to open the site to redeem a vehicle or

1789 vessel, the operator shall return to the site within 1 hour or

1790 she or he will be in violation of this section.

1791 b. If no towing business providing such service is located

1792 within the area of towing limitations set forth in sub-

1793 subparagraph a., the following limitations apply: any towed or

1794 removed vehicle or vessel must be stored at a site within a 20-

1795 mile radius of the point of removal in any county of 500,000

1796 population or more, and within a 30-mile radius of the point of

1797 removal in any county of fewer than 500,000 population.

1798 2. The person or firm towing or removing the vehicle or

1799 vessel shall, within 30 minutes after completion of such towing

1800 or removal, notify the municipal police department or, in an

1801 unincorporated area, the sheriff, of such towing or removal, the

1802 storage site, the time the vehicle or vessel was towed or

1803 removed, and the make, model, color, and license plate number of

1804 the vehicle or description and registration number of the vessel

1805 and shall obtain the name of the person at that department to

1806 whom such information was reported and note that name on the

1807 trip record.

1808 3. A person in the process of towing or removing a vehicle

1809 or vessel from the premises or parking lot in which the vehicle

1810 or vessel is not lawfully parked must stop when a person seeks

1811 the return of the vehicle or vessel. The vehicle or vessel must

1812 be returned upon the payment of a reasonable service fee of not

1813 more than one-half of the posted rate for the towing or removal

1814 service as provided in subparagraph 6. The vehicle or vessel may

1815 be towed or removed if, after a reasonable opportunity, the

1816 owner or legally authorized person in control of the vehicle or

1817 vessel is unable to pay the service fee. If the vehicle or

1818 vessel is redeemed, a detailed signed receipt must be given to

1819 the person redeeming the vehicle or vessel.

1820 4. A person may not pay or accept money or other valuable

1821 consideration for the privilege of towing or removing vehicles

1822 or vessels from a particular location.

1823 5. Except for property appurtenant to and obviously a part

1824 of a single-family residence, and except for instances when

1825 notice is personally given to the owner or other legally

1826 authorized person in control of the vehicle or vessel that the

1827 area in which that vehicle or vessel is parked is reserved or

1828 otherwise unavailable for unauthorized vehicles or vessels and

1829 that the vehicle or vessel is subject to being removed at the

1830 owner's or operator's expense, any property owner or lessee, or

1831 person authorized by the property owner or lessee, before towing

1832 or removing any vehicle or vessel from private property without

1833 the consent of the owner or other legally authorized person in

1834 control of that vehicle or vessel, must post a notice meeting

1835 the following requirements:

1836 a. The notice must be prominently placed at each driveway

1837 access or curb cut allowing vehicular access to the property

1838 within 10 feet from the road, as defined in s. 334.03(23) s.

1839 ~~334.03(22).~~ If there are no curbs or access barriers, the signs

1840 must be posted not fewer than one sign for each 25 feet of lot

1841 frontage.

1842 b. The notice must clearly indicate, in not fewer than 2-

1843 inch high, light-reflective letters on a contrasting background,

1844 that unauthorized vehicles will be towed away at the owner's

1845 expense. The words "tow-away zone" must be included on the sign

1846 in not fewer than 4-inch high letters.

1847 c. The notice must also provide the name and current

1848 telephone number of the person or firm towing or removing the

1849 vehicles or vessels.

1850 d. The sign structure containing the required notices must

1851 be permanently installed with the words "tow-away zone" not

1852 fewer than 3 feet and not more than 6 feet above ground level

1853 and must be continuously maintained on the property for not

1854 fewer than 24 hours before the towing or removal of any vehicles

1855 or vessels.

1856 e. The local government may require permitting and

1857 inspection of these signs before any towing or removal of

1858 vehicles or vessels being authorized.

1859 f. A business with 20 or fewer parking spaces satisfies

1860 the notice requirements of this subparagraph by prominently

1861 displaying a sign stating "Reserved Parking for Customers Only

1862 Unauthorized Vehicles or Vessels Will be Towed Away At the

1863 Owner's Expense" in not fewer than 4-inch high, light-reflective

1864 letters on a contrasting background.

1865 g. A property owner towing or removing vessels from real

1866 property must post notice, consistent with the requirements in

1867 sub-subparagraphs a.-f., which apply to vehicles, that

1868 unauthorized vehicles or vessels will be towed away at the

1869 owner's expense.

1871 A business owner or lessee may authorize the removal of a

1872 vehicle or vessel by a towing company when the vehicle or vessel

1873 is parked in such a manner that restricts the normal operation

1874 of business; and if a vehicle or vessel parked on a public

1875 right-of-way obstructs access to a private driveway the owner,

1876 lessee, or agent may have the vehicle or vessel removed by a

1877 towing company upon signing an order that the vehicle or vessel

1878 be removed without a posted tow-away zone sign.

1879 6. Any person or firm that tows or removes vehicles or

1880 vessels and proposes to require an owner, operator, or person in

1881 control or custody of a vehicle or vessel to pay the costs of

1882 towing and storage before redemption of the vehicle or vessel

1883 must file and keep on record with the local law enforcement

1884 agency a complete copy of the current rates to be charged for

1885 such services and post at the storage site an identical rate

1886 schedule and any written contracts with property owners,

1887 lessees, or persons in control of property which authorize such

1888 person or firm to remove vehicles or vessels as provided in this

1889 section.

1890 7. Any person or firm towing or removing any vehicles or

1891 vessels from private property without the consent of the owner

1892 or other legally authorized person in control or custody of the

1893 vehicles or vessels shall, on any trucks, wreckers as defined in

1894 s. 713.78(1), or other vehicles used in the towing or removal,

1895 have the name, address, and telephone number of the company

1896 performing such service clearly printed in contrasting colors on

1897 the driver and passenger sides of the vehicle. The name shall be

1898 in at least 3-inch permanently affixed letters, and the address

1899 and telephone number shall be in at least 1-inch permanently

1900 affixed letters.

1901 8. Vehicle entry for the purpose of removing the vehicle

1902 or vessel shall be allowed with reasonable care on the part of

1903 the person or firm towing the vehicle or vessel. Such person or

1904 firm shall be liable for any damage occasioned to the vehicle or

1905 vessel if such entry is not in accordance with the standard of

1906 reasonable care.

1907 9. When a vehicle or vessel has been towed or removed

1908 pursuant to this section, it must be released to its owner or

1909 person in control or custody within 1 hour after requested. Any

1910 vehicle or vessel owner or person in control or custody has the

1911 right to inspect the vehicle or vessel before accepting its

1912 return, and no release or waiver of any kind which would release

1913 the person or firm towing the vehicle or vessel from liability

1914 for damages noted by the owner or person in control or custody

1915 at the time of the redemption may be required from any vehicle

1916 or vessel owner or person in control or custody as a condition

1917 of release of the vehicle or vessel to its owner or person in

1918 control or custody. A detailed receipt showing the legal name of

1919 the company or person towing or removing the vehicle or vessel

1920 must be given to the person paying towing or storage charges at

1921 the time of payment, whether requested or not.

1922 Section 41. Paragraph (b) of subsection (3) of section

1923 921.0022, Florida Statutes, is amended to read:

1924 921.0022 Criminal Punishment Code; offense severity

1925 ranking chart.—

1926 (3) OFFENSE SEVERITY RANKING CHART

1927 (b) LEVEL 2 Florida Felony Statute Degree Description 365.172 3rd Misuse of emergency (14)(b)1. communications system causing great bodily harm, permanent disfigurement, or permanent disability. 379.2431 3rd Possession of 11 or fewer (1)(e)3. marine turtle eggs in violation of the Marine Turtle Protection Act. 379.2431 3rd Possession of more than 11 (1)(e)4. marine turtle eggs in violation of the Marine Turtle Protection Act. 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 590.28(1) 3rd Intentional burning of lands. 784.03(3) 3rd Battery during a riot or an aggravated riot. 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 806.13(4) 3rd Criminal mischief; damage of ~~806.13(3)~~ $200 or more to a memorial or historic property. 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 810.09(2)(d) 3rd Trespassing on posted commercial horticulture property. 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or more but less than $750, taken from dwelling or its unenclosed curtilage. 812.014(2)(e)2. 3rd Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction. 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 817.234(1)(a)2. 3rd False statement in support of insurance claim. 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 817.52(3) 3rd Failure to redeliver hired vehicle. 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 817.60(5) 3rd Dealing in credit cards of another. 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 831.01 3rd Forgery. 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 836.13(3) 3rd Soliciting an altered sexual depiction of an identifiable person without consent. 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances. 843.08 3rd False personation. 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse. 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis. 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.

1968 Section 42. Paragraph (a) of subsection (2) of section

1969 1006.23, Florida Statutes, is amended to read:

1970 1006.23 Hazardous walking conditions.—

1971 (2) HAZARDOUS WALKING CONDITIONS.—

1972 (a) Walkways parallel to the road.—

1973 1. It shall be considered a hazardous walking condition

1974 with respect to any road along which students must walk in order

1975 to walk to and from school if there is not an area at least 4

1976 feet wide adjacent to the road, not including drainage ditches,

1977 sluiceways, swales, or channels, having a surface upon which

1978 students may walk without being required to walk on the road

1979 surface or if the walkway is along a limited access facility as

1980 defined in s. 334.03(13) ~~s. 334.03(12).~~ In addition, whenever

1981 the road along which students must walk is uncurbed and has a

1982 posted speed limit of 50 miles per hour or greater, the area as

1983 described above for students to walk upon shall be set off the

1984 road by no less than 3 feet from the edge of the road.

1985 2. Subparagraph 1. does not apply when the road along

1986 which students must walk:

1987 a. Is a road on which the volume of traffic is less than

1988 180 vehicles per hour, per direction, during the time students

1989 walk to and from school; or

1990 b. Is located in a residential area and has a posted speed

1991 limit of 30 miles per hour or less.

1992 Section 43. This act shall take effect July 1, 2026.