Florida Statutes 1984, Supplement Volume · or stored in its jurisdiction. This fee shall be 50 per cent of the applicable state registration fee. However, the first $1 of every registration

s.327.11 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.327.16

structed or assembled by the owner registered for the first time shall state all the foregoing information except the hull identification number. The numbers shall be placed on each side of the forward half of the vessel in such position as to provide clear legibility for identification, except, if the vessel is an airboat, the numbers may be placed on each side of the rudder. The numbers awarded to the vessel shall read from left to right and shall be in block characters of good proportion not less than 3 inches in height. The numbers shall be of a solid color which will contrast with the color of the background and shall be so maintained as to be clearly visible and legible; i.e., dark numbers on a light background or light numbers on a dark background. The certificate of registration shall be pocket-sized and shall be available for inspection on the vessel for which issued whenever such vessel is in operation.

(6) When the ownership of a registered vessel changes, an application for transfer of registration shall be filed with the county tax collector by the new owner within 20 days, with a fee of $1.

(7) A decal signifying the year or years during which the certificate is valid shall be furnished by the department with each registration certificate issued. The decal issued to an undocumented vessel shall be displayed by affixing it to the hull of the port (left) side of the vessel either before or after the registration number. The decal issued to a documented vessel may be affixed to a window or the windshield on the port side of the vessel. A decal issued to a dealer shall be affixed, with the registration number, to a removable sign pursuant to s. 327.13(2). Any decal for a previous year shall be removed from a vessel operating on the waters of the state.

(8) A duplicate registration certificate to replace a lost or misplaced certificate may be obtained by submitting $1 with a request for such a duplicate certificate to the department or the county tax collector of the county where issued. No duplicate certificate shall be issued except upon written request of the registered owner or persons authorized by such owner to make such a request. The department shall supply application forms for such duplicate certificates and require such information or documents as are necessary to secure reasonable proof of authority of the person making the request.

(9) Should the classification of a vessel change from noncommercial to commercial, or from commercial to noncommercial, and a current registration certificate has been issued to the owner, the owner shall forward his certificate to the department or the county tax collector of the county where issued with a fee of $1 and a new certificate shall be issued.

(10) Anyone guilty of falsely certifying any facts relating to application, certificate, transfer, number, decal, or duplicate certificates or any information required under this section shall be punished as provided under this chapter.

Hiatory.-8. 1, ch. 59·399; 8. 1, ch. 61·511; 8. 3, ch. 63·103; 8. 1, ch. 65·361; 88. 25,35, ch. 69·106; 88. 4, 15, ch. 74·327; 8. 1, ch. 80·266; 8. 50, ch. 80·274; 8. 4, ch. 81·100; 8. 1, ch. 82-181; 8. 2, ch. 83-102; 8. 5, ch. 84-184.

Note.-Former 8. 371.051.

327.12 Reregistration by maH.-The Department of Natural Resources shall promulgate rules and regulations to permit the reregistration of vessels by mail.

Hiatory.-8. 7, ch. 70-336; 8. 6, ch. 84-184.


327.13 Special manufacturers' and dealers' number.-

(1) The description of a vessel used for demonstration, sales promotional, or testinglurposes by a manufacturer or dealer shall be omitte from the certificate of registration. In lieu of the description, the word "manufacturer" or "dealer," as appropriate, shall be plainly marked on the certificate.

(2) The manufacturer or dealer shall have the number awarded printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated, promoted, or tested so long as the display meets the requirements of this chapter.

(3) A dealer registration shall not be issued to a manufacturer or a dealer pursuant to this chapter unless he provides to the county tax collector a copy of his current sales tax certificate of registration, if such certificate is required, from the Department of Revenue and a copy of his current commercial or occupational business license if such license is required by the local governmental entity in which the manufacturer or dealer operates a vessel.

(4) A manufacturer or dealer shall not use or authorize the use of any vessel registered pursuant to this section for other than demonstration, sales promotional, or testing purposes. Such vessel shall not be used for any commercial or other use not specifically authorized by this section.

History.-8. 1, ch. 59-399; 8. 1, ch. 65-361; 8. 6, ch. 84-184. N ote.-Former 8. 371.071.

327.14 Federal numbering system adopted.(1) The vessel registration number issued shall be

of the pattern prescribed by regulations of the United States Coast Guard and shall be divided into parts. The first part shall consist of the symbols identifying the state followed by a combination of numerals and letters which furnish individual vessel identification. The group of digits appearing between letters shall be separated from those letters by hyphens or equivalent spaces.

(2) The first part of the number shall be a symbol indicating Florida which shall be FL.

(3) The remainder of the vessel number shall consist of not more than four Arabic numerals and two capital letters or not more than three Arabic numerals and three capital letters, in sequence, separated by a hyphen or equivalent space, in accordance with the serials, numerically and alphabetically.

(4) Since the letters I, 0, and Q may be mistaken for Arabic numerals, all letter sequences using I, 0, and Q shall be omitted. Objectionable words formed by the use of two or three letters shall not be used.

Hiatory.-8. 1, ch. 59-399; 8. 1, ch. 65-361; 8. 6, ch. 84-184. Note.-Former 8. 371.091.

327.16 Reciprocity of nonresident or alien vessels.-The owner of any vessel already covered by a number in full force and effect which has been awarded to it pursuant to the operative federal law or a federally approved numbering system of another state shall record the number prior to operating the vessel on the waters of this state in excess of the 90-day reciprocity period provided for in this chapter. Such recordation shall be pursuant to the procedure

501


required for the award of an original number, except that no additional or substitute number shall be issued if the vessel owner maintains the previously awarded number in full force and effect.

Bistory.-s. I , ch. 59·399; 8. I , ch. 65·361; s. 6, ch. 84·184. Note.-Former s. 371.081.

327.17 Military personnel; registration; penalties.-

(1) Any military personnel on active duty in this state operating a vessel that has a valid certificate of registration pursuant to the operative federal law or a federally approved numbering system of another state shall not be required to register his vessel in this state while such certificate of registration remains valid; but, at the expiration of such registration certificate, all registration and titling shall be issued by this state.

(2) A person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hi.tory.-BS. 1,5, ch. 67·586; 8. 302. ch. 71·136; s. 6, ch. 84-184. Note.-Former s. 371.082.

327.18 Only authorized number to be used. -No number other than the number awarded to a vessel or granted reciprocity pursuant to this chapter shall be painted, attached, or otherwise displayed on either side of the bow of such vessel.

History.-s. I , ch. 59·399; 8. I, ch. 65·361; 8. 6, ch. 84·184. Note.- Former 8. 371.111.

327.19 Change of interest and address.-(1) The owner shall furnish the department no

tice of the transfer of all or any part of his interest in a vessel registered or titled in this state pursuant to this chapter or chapter 328 or of the destruction or abandonment of such vessel, within 20 days thereof. Such transfer, destruction, or abandonment shall terminate the certificate for such vessel, except that in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate.

(2) Any holder of a certificate of registration shall notify the department or the county tax collector of the county in which the certificate was issued within 20 days, if his address no longer conforms to the address appearing on the certificate and shall, as a PlU"t of such notification, furnish the department or such county tax collector with his new address. The department may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.

Bistory.-s. I, ch. 59·399; 8. I, ch. 65·361; ... 25, 35, ch. 69·106; 8. 5, ch. 74· 327; 8. 6, ch. 84·184.

Note.-Former s. 371.101.

327.21 Legislative intent with respect to registration and numbering of vessels.-It is the legislative intent that vessels be registered and numbered uniformly throughout the state. The purpose of ss. 327.22, 327.23, 327.25, 327.58, 327.70, and 327.72 is to make registration and numbering procedures similar to those of automobiles and airplanes and to provide for a vessel registration fee and certifi-

cate so as to determine the ownership of vessels which operate on the waters of this state and to aid in the advancement of maritime safety.

Hi.tory.-s. I, ch. 65·361; s. 8, ch. 74·327; 8. 6, ch. 84·184. Note.-Former s. 371.62.

327.22 Regulation of vessels by municipalities or counties.-

(1) Nothing in this chapter shall be construed to prohibit any municipality or county that expends money for the patrol, regulation, and maintenance of any lakes, rivers, or waters and for other boatingrelated activities in such municipality or county from regulating vessels resident in such municipality or county. Any county and the municipalities located within the county may jointly regulate vessels.

(2) Any county of 100,000 persons or more may impose an annual registration fee on vessels operated or stored in its jurisdiction. This fee shall be 50 percent of the applicable state registration fee. However, the first $1 of every registration imposed under this subsection shall be remitted to the state for deposit in the Motorboat Revolving Trust Fund for expenditure solely on activities related to the preservation of manatees. All other moneys received from such fee shall be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related activities of such municipality or county. A municipality that was imposing a registration fee before April 1, 1984, may continue to levy such fee, notwithstanding the provisions of this section.

Hi.tory.-8. I, ch. 65-361; 8. 8, ch. 74-327; 8. 112, ch. 77-104; s. 24, ch. 79·334; 8.2, ch. 82-17; 8. 7, ch. 84-184.


327.23 Exemption of vessels and outboard motors from personal property tax; vessel registration certificate fee.-Every vessel registered as provided herein, and outboard motor capable of propelling any such vessel, shall be exempt from any personal property tax and in lieu thereof shall pay a vessel registration certificate fee. A certificate of registration shall be issued for any documented vessel, the owner of which has paid the registration certificate fee, but no state registration number shall be issued to such vessel.

History.-s. I, ch. 65-361; s. 8, ch. 74-327; 8. 25, ch. 79-334; 8. 77, ch. 82-226; s. 7, ch. 84-184.


327.24 Legislative intent with respect to uniform registration fee, classification of vessels.-It is declared to be the intent of the Legislature that all vessels in the state be subject to a uniform registration fee at a rate based on the length of the vessels. It is also declared to be the intent of the Legislature that all vessels be classified as either "commercial" or "noncommercial" and that all such vessels be registered according to the provisions of s. 327.25. Any vessel which is required to be registered and meets the definition of a commercial vessel shall be classified and registered as a "commercial vessel." Any vessel which is required to be registered and is not operated for commercial purposes shall be classified and registered as a "noncommercial vessel."

Hi.tory.-s. I, ch. 70-336; s. 8, ch. 74-327; 8. 8, ch. 84-184. Note.-Former s. 371.645.

502


327.25 Classification; registration; fees and mailed by first-class mail. The amount of the mail charges; disposition of fees; fines.- service charge shall be the actual postage required

(1) VESSEL REGISTRATION FEE.-Vessels rounded to the nearest 5 cents, plus a 25-cent hanwhich are required to be registered shall be classified dling charge. The mail service charge shall be in addifor registration purposes according to the following tion to the service charge provided in subsection (4) schedule, and the registration certificate fee shall be and shall be used and accounted for in accordance in the following amounts: with law.

Class A-I-Less than 12 feet in length, (6) VOLUNTARY CONTRIBUTIONS.-The and all canoes to which propulsion motors application form for boat registration shall include a have been attached, regardless of length ......... $ 2.00 provision to allow each applicant to indicate his de-

Class A-2-12 feet or more and less than sire to pay an additional voluntary contribution to 16 feet in length ...................................................... 6.00 the Motorboat Revolving Trust Fund for manatee (To county) .............................................................. 1.50 and marine mammal protection and recovery. This

Class 1-16 feet or more and less than 26 contribution shall be in addition to all other fees and feet in length .......................................................... 11.00 charges. Provisions for collecting this contribution (To county) .......................................................... .... 6.50 shall begin with the boat registrations for fiscal year

Class 2-26 feet or more and less than 40 1985. The amount of the request for a voluntary con-feet in length .......................................................... 31.00 tribution solicited shall be $1 per registrant. Begin-(To county) ............................................................ 26.50 ning wfith boatlregistration i~bfis.cal yeal.r .199

d3, hthalle rbe-

Class 3-40 feet or more and less than 65 quest or a vo untary contn ubon so lClte s e ft· I th $2 per registrant. All voluntary contributions shall be ee m eng ........................... ............................... 51.00 deposited in the Motorboat Revolving Trust Fund

(To county) ............................................................ 46.50 for use in accordance with the provisions of s. Class 4-65 feet or more and less than 370.12(5).

110 feet in length .................................................. 61.00 (7) REGISTRATION DATE.-The registration (To county) ............................................................ 56.50 and reregistration of vessels requiring registration

Class 5-110 feet or more in length ............... 76.00 and payment of the above fees for the ensuing year (To county) ..... ....................................................... 71.50 shall begin on June 1 and end on July 15, except that

Dealer classification .......................................... 10.00 the Governor may extend the period of registration (2) ANTIQUE VESSEL REGISTRATION for an additional 30 days when such extension is de-

FEE.- sirable. (a) A vessel that is at least 30 years old, used only (8) FRACTIONAL REGISTRATION FEE.-

for noncommercial purposes, and powered by the Any vessel registered in this state for the first time vessel's original-type power plant may be registered between January 1 and June 30 shall be charged oneas an antique vessel. When applying for registration half the annual registration fee. The above fractional as an antique vessel, the owner of such a vessel shall rate does not apply to vessels subject to registration submit certification from a marine surveyor that the prior to December 31. If ownership of a vessel which vessel meets the requirements of this paragraph. is subject to reregistration but which is not rereg-

(b) The registratioI) fee for an antique vessel istered is transferred after December 31, the new shall be based on length according to the classifica- owner shall pay only one-half the annual registration tion schedule in subsection (1). fee.

(c) The registration number for an antique vessel (9) EXPIRED REGISTRATION.-The opera-shall be affixed on the forward half of the hull or on tion of a previously registered vessel after July 15, the port side of the windshield according to ss. 327.11 unless the period is extended, without a current regand 327.14. istration as provided under this law is a noncriminal

(d) The department may issue a decal identifying violation, as defined in s. 775.08(3), and shall subject the vessel as an antique vessel. The decal shall be the owner thereof, if he is present, or, if the owner is placed within 3 inches of the registration number. not present, the operator thereof to a fine of $15.

(3) ALIEN OR NONRESIDENT LICENSE (10) EXEMPTIONS.-Vessels owned and oper-FEE.-An additional license fee of $50 shall be re- ated by Sea Explorer or Sea Scout units of the Boy quired of all aliens or nonresidents of the state on all Scouts of America, the Girl Scouts of America, or the vessels not subject to a specific reciprocal agreement Associated Marine Institutes, Inc., and its affiliates with another state, which vessels are used for com- and vessels used exclusively for commercial fishing mercial purposes and owned in whole or in part by and not propelled or powered by machinery of any such aliens or nonresidents. Such fee shall be in addi- horsepower are exempt from the provisions of subtion to the vessel registration fee required by this sec- section (1). Such vessels shall be issued certificates of tion. registration and numbers upon application and pay-

(4) SERVICE FEE.-In addition, the vessel own- ment of the service fee provided in subsection (4). er shall pay to the issuing agent a $1 service fee for (11) DISTRIBUTION OF FEES.-Moneys deeach registration or reregistration as provided for in posited pursuant to s. 327.28 to be returned to the s. 327.11. There shall be no duplication of fees for counties are appropriated to the department for vessels registered under this law. Vessels may travel grants to the county general governments for the sole in salt water or fresh water. purposes of providing recreational channel marking

(5) MAIL SERVICE CHARGE.-A mail service and public launching facilities and other boatingcharge shall be collected for each registration or re- related activities and for manatee and marine mamregistration mailed by the department or any tax col- mal protection and recovery. The department shall lector. All registrations and reregistrations shall be ascertain, as a guideline in determining the amounts

503


of grants each county may receive, the number of noncommercial vessels registered in the county during the preceding fiscal year according to the fee schedule provided in subsection (1) and shall promulgate rules and regulations to effectuate this. Each fiscal year, prior to determination of the grants to the counties under this section, $250,000 of the amount available for such grants shall be available for manatee and marine mammal protection and recovery.

Hiatory.-s. 1. ch. 65-361; s. 2. ch. 67-586; s. 1. ch. 69-300; s. 4. ch. 70-336; s. 1. ch. 73-146; ... 9.15. ch. 74·327; s. 1. ch. 77-174; s. 81. ch. 79-164; s. 1. ch. 79· 307; ... 26. 30. ch. 79-334; s. 1. ch. 79·364; s. 2. ch. 80·266; s. 51. ch. 80-274; s. 9. ch. 81-100; s. 2. ch. 82·97; s. 2. ch. 82·181; s. 78. ch. 82-226; s. 9. ch. 84·184; s. 66. ch. 84·338.

Note.- Former s. 371.65.

327.28 Motorboat Revolving Trust Fund; appropriation and distribution.-

(1) All funds collected from the registration of vessels through the department and the tax collectors of the state shall be deposited by the department in a Motorboat Revolving Trust Fund, in order to provide for the administrative cost of this chapter and for recreational channel marking, public launching facilities, law enforcement and quality control programs, aquatic weed control, and manatee and marine mammal protection and recovery. In each fiscal year, $250,000 shall be available for manatee and marine mammal protection and recovery. Two dollars from each noncommercial vessel registration fee, except that for class A-I vessels, shall be transferred to the Aquatic Plant Control Trust Fund for aquatic weed research and control. Forty percent of the registration fees from commercial vessels shall be transferred to the Florida Saltwater Products Promotion Trust Fund to be used for law enforcement and quality control programs. Forty percent of the registration fees from commercial vessels shall be transferred to the Aquatic Plant Control Trust Fund for aquatic plant research and control.

(2) From the funds collected through vessel registration and deposited in the Motorboat Revolving Trust Fund, the Legislature shall appropriate sufficient funds to the department for the administration of this part and for recreational channel marking, public launching facilities, law enforcement and quality control programs, aquatic weed control, and manatee and marine mammal protection and recovery.

(3) All funds collected pursuant to s. 370.06(2) shall be deposited in the Motorboat Revolving Trust Fund. Such funds shall be used to pay the cost of implementing the saltwater products license program. Additional proceeds from the licensing revenue shall be distributed equally among:

(a) The Marine Fisheries Commission Trust Fund;

(b) The Division of Marine Resources, for use in marine research and statistics development; and

(c) Marketing and extension services. Hi.tory.-s. 1. ch. 59·399; s. 2. ch. 61·119; s. 1. ch. 63-105; s. 1. ch. 65·361; ...

12. 25. 35. ch. 69·106; s. 1. ch. 69·400; s. 5. ch. 70·336; s. 5. ch. 74-327; s. 1. ch. 77-174; s. 11. ch. 83·134; s. 10. ch. 84·184; s. 67. ch. 84·338.

Note.- Former s. 371.171.

327.32 Vessel declared dangerous instrumentality; civilliability.-All vessels, of whatever classification, shall be considered dangerous instrumentalities in this state, and any operator of a vessel shall, during any utilization of the vessel, exercise the

highest degree of care in order to prevent injuries to others. Liability for reckless or careless operation of a vessel shall be confined to the operator in immediate charge of the vessel and not limposed upon the owner of the vessel, unless the owner is the operator or is present in the vessel when any injury or damage is occasioned by the reckless or careless operation of such vessel, whether such recklessness or carelessness consists of a violation of the provisions of the statutes of this state, or disregard in observing such care and such operation as the rules of the common law require.

Hlatory.-8. 3. ch. 59·400; 8 . 1. ch. 65·361; s. 5. ch. 84·188. 'Note.-The words "imposed upon" were inserted hy the editors. Note.-Former s. 371.62.

327.33 vessel.-

Reckless or careless operation of

(1) It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure any person. Any person who violates a provision of this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, vessel wake, and all other attendant circumstances so as not to endanger the life, limb, or property of any person. The failure to operate a vessel in such a manner constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property. Any person who violates the provisions of this subsection is guilty of a noncriminal violation as defined in s. 775.08.

(3) Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and marine accidents shall be determined according to the United States Coast Guard Navigation Rules in effect on October 1, 1981, and as thereafter amended.

Hi.tory.-8. 1. ch. 59·400; 8. 3. ch. 63·106; •. 1. ch. 65·361; 8 . 6. ch. 81·100; 8. 6. ch. 84·188.


327.35 Operating vessel while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

(1) It is unlawful and punishable as provided.in subsection (2) for:

(a) Any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his normal faculties are impaired, to operate a vessel on the waters of this state; or

(b) Any person with a blood alcohol level of 0.10 percent or above to operate a vessel within this state.

(2) Any person who is convicted of a violation of subsection (1) shall be punished:

(a) By a fine of:

504


1. Not less than $250 or more than $500 for a first conviction;

2. Not less than $500 or more than $1,000 for a second conviction; or

3. Not less than $1,000 or more than $2,500 for a third or subsequent conviction; and

(b) By imprisonment for: 1. Not more than 6 months for a first conviction; 2. Not more than 9 months for a second convic

tion; or 3. Not more than 12 months for a third or subse

quent conviction. (3) In addition to any sentence or fine imposed

under this section, the court shall require any person convicted of violating this section or s. 327.351 to attend a substance abuse course specified by the court, and the agency conducting the course may refer such person to an authorized agency for substance abuse evaluation and treatment. Such person shall assume the reasonable costs for such education, evaluation, and treatment. The term "substance abuse" means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03.

(4) With respect to any person convicted of a violation of subsection (I), regardless of any penalty imposed pursuant to subsection (2):

(a) For the first conviction for violation of this section, the court shall order the defendant to participate in public service or a community work project for a minimum of 50 hours.

(b) For the second conviction within a period of 3 years from the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days.

(c) For the third conviction within a period of 5 years from the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days.

Hiatory.-8. 2, ch. 59-400; 8. 6, ch. 63-105; 8. I, ch. 65-361; 8. I, ch. 71-81; 8. 22, ch. 73-331; 8. 5, ch. 83-187; 8. 7, ch. 84-188.


this subsection shall be not less than the penalty provided under s. 327.35; and, if the death of any human being is caused by the operation of a vessel by any person while so intoxicated, such person shall be deemed guilty of manslaughter and on conviction shall be punished as provided by existing law relating to manslaughter.

(3) A conviction under the provisions of this section shall not be a bar to any civil suit for damages against the person so convicted.

Hiatory.- 8. I, ch. 84-188.

327.352 Tests for impairment or intoxication; right to refuse.-

(l)(a) The Legislature declares that the operation of a vessel is a privilege that must be exercised in a reasonable manner. In order to protect the public health and safety, it is essential that a lawful and effective means of reducing the incidence of boating while impaired or intoxicated be established.

(b) Any person who operates a vessel within this state shall submit to an approved chemical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if that person is lawfully arrested for any offense allegedly committed while he was operating a vessel while under the influence of alcoholic beverages or controlled substances. The breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has probable cause to believe such person was operating the vessel within this state while under the influence of alcoholic beverages. The urine test shall be incidental to a lawful arrest and administered at a detention facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has probable cause to believe such person was operating a vessel within this state while under the influence of controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or other-

327.351 Operation of a vessel while intoxi- wise, which is equipped to administer such tests in a cated; punishment.- reasonable manner that will ensure the accuracy of

(1) It is unlawful for any person, while in an in- the specimen and maintain the privacy of the inditoxicated condition or under the influence of alcohol- vidual involved. The administration of either test ic beverages, any chemical substance set forth in s. shall not preclude the administration of the other 877.111, or any substance controlled under chapter test. The refusal to submit to a chemical breath or 893 to such extent as to deprive him of full possession urine test upon the request of a law enforcement offiof his normal faculties, to operate on the waters of cer as provided in this section shall be admissible this state any vessel. Any person convicted of a viola- into evidence in any criminal proceeding. tion of this section shall be punished as provided in s. (c) If the arresting officer does not request a 327.35. For the purposes of this subsection, a previ- chemical test of the person arrested for any offense ous conviction under s. 327.35 shall also be consid- allegedly committed while the person was operating a ered a previous conviction for violation of this sub- vessel while under the influence of alcoholic beversection. ages or controlled substances, such person may re-

(2) If, however, damage to the property or person quest the arresting officer to have a chemical test of another, other than damage resulting in the death made of the arrested person's breath, urine, or blood of any person, is done by such intoxicated person un- for the purpose of determining the alcoholic content der the influence of alcoholic beverages, any chemical of the person's blood or the presence of controlled substance set forth in s. 877.111, or any substance substances; and, if so requested, the arresting officer controlled under chapter 893 to such extent as to de- shall have the test performed. prive him of full possession of his normal faculties, by (d) The provisions of s. 316.1932(1)(f), relating to reason of the operation of any vessel mentioned here- administration of tests for determining the weight of in, such person is guilty of a misdemeanor of the first alcohol in the defendant's blood, additional tests at degree, punishable as provided in s. 775.082 or s. the defendant's expense, availability of test informa-775.083, but the penalty imposed for a violation of tion to the defendant or the defendant's attorney,

505


and liability of medical institutions and persons administering such tests are incorporated into this act.

(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(3) Notwithstanding any provisions of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 327.35 or s. 327.351 upon request for such information.

HistorY.-B. 2, ch. 84-188.

327.353 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.-

(l)(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 327.352, if a law enforcement officer has probable cause to believe that a vessel operated by a person under the influence of alcoholic beverages or controlled substances has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner.

(b) The term "serious bodily injury" means a physical condition which creates a substantial risk of death; serious, personal disfigurement; or protracted loss or impairment of the function of any bodily member or organ.

(2) The provision of s. 316.1933(2), relating to blood tests for impairment or intoxication are incorporated into this act.

(3)(a) Any criminal charge resulting from the incident giving rise to the officer's demand for testing should be tried concurrently with a charge of any violation arising out of the court. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing.

(b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 327.35 or s. 327.351 upon request for such information.

Hi.torY.-B. 3, ch. 84-188.

327.354 Presumption of impairment; testing methods.-

(1) It is unlawful and punishable as provided in s. 327.35 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his normal faculties are impaired, to operate a vessel on the waters of this state.

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating a vessel while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his normal faculties were impaired or to the extent that he was deprived of full possession of his normal faculties, the results of any test administered in accordance with s. 327.352 or s. 327.353 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall give rise to the following presumptions:

(a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his normal faculties were impaired.

(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.

(c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.

The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.

(3) A chemical analysis of a person's blood to determine its alcoholic content or a chemical analysis of a person's breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Department of Health and Rehabilitative Services and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Department of Health and Rehabilitative Services may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.

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(4) Any person charged with operating a vessel while under the influence of alcoholic beverages or controlled substances to the extent that his normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure.

Hi.tory.-8. 4, ch. 84·188.

327.37 Water skis and aquaplanes regulated.-

(1) No person shall operate a vessel on any waters of this state towing a person on water skis, or an aquaplane, or similar device unless there is in such vessel a person in addition to the operator, in a position to observe the progress of the person being towed, or the vessel is equipped with a wide-angle rear view mirror mounted in such manner as to permit the operator of the vessel to observe the progress of the person being towed.

(2) No person shall engage in water skiing, aquaplaning, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise.

(3) The provisions of subsections (1) and (2) do not apply to a performer engaged in a professional exhibition or a person preparing to participate in an official regatta, boat race, marine parade, tournament, or exhibition.

(4) No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, innertube, sled, or similar device may be affected or controlled, in such a way as to cause the water skis, aquaplane, innertube, sled, or similar device or any person thereon to collide or strike against any vessel, bridge, wharf, pier, dock, buoy, platform, piling, channel marker, or other object, except slalom buoys, ski jumps, or like objects used normally in competitive or recreational skiing.

History.-s. 5, ch. 59-400; s. 9, ch. 63-105; s. 1, ch. 65-361; s. 8, ch. 84-188. Note.-Former s. 371.54.

327.50 Vessel safety regulations; equipment and lighting requirements.-

(1) Every vessel on the waters of this state shall carry safety equipment and conform to uniform lighting requirements in accordance with current United States Coast Guard safety and lighting requirements, as set forth in Titles 33 and 46, Code of Federal Regulations, unless expressly exempt by state law.

(2) The use of sirens or flashing red or blue emergency lights on any vessel is prohibited, except on a vessel operated by a law enforcement officer or fire protection officer in the performance of his official duties or on a vessel used for emergency rescue activity.

Hi.tory.-s. 8, ch. 59-400; s. 13, ch. 63-105; s. 1, ch. 65-361; s. 7, ch. 74-327; s. 8, ch. 81-100; s. 2, ch. 81-114; s. 9, ch. 84-188.


327.51 Ventilator ducts; backfire flame control.-[Repealed by s. 14, ch. 84-188.]

327.54 Liveries; safety regulations; penalty.

(1) No livery shall knowingly lease, hire, or rent a vessel to any person:

(a) When the number of persons intending to use the vessel exceeds the number deemed to constitute a maximum safety load for the vessel pursuant to the authorized persons capacity plate of the vessel.

(b) When the horsepower of the motor exceeds the capacity of the vessel, making the vessel unsafe to operate.

(c) When the vessel does not contain the required safety equipment pursuant to s. 327.50.

(d) When the vessel is not seaworthy. (2) If a vessel is unnecessarily overdue, the livery

shall notify the proper authorities. (3) Any person convicted of violating this section

is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

(4) When the livery has complied with subsections (1) and (2), its liability ceases and a person leasing the vessel from the livery is liable for any violations of this chapter and is personally liable for any accident or injury occurring while in charge of such vessel.

History.-s. 12, ch. 63-105; s. 1, ch. 65-361; s. 303, ch. 71-136; s. 10, ch. 84-188.


327.56 Safety inspections; qualified.-No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard. When the owner or operator is aboard, an officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation of a provision of this chapter has occurred or is occurring. An officer may board a vessel when the operator refuses to display the safety equipment required by law, if requested to do so by a law enforcement officer.

Hi.tory.-s. 9, ch. 59-400; s. 14, ch. 63-105; s. 1, cb. 65-361; s. 11, ch. 84-188. Note.-Former s. 371.58.

327.70 Enforcement of this chapter and chapter 328.-

(1) This chapter and chapter 328 shall be enforced by the Division of Law Enforcement of the department and its officers, the Game and Fresh Water Fish Commission and its officers, the sheriffs of the various counties and their deputies, and any other authorized law enforcement officer, all of whom may order the removal of vessels deemed to be an interference or a hazard to public safety, enforce the provisions of this chapter and chapter 328, or cause any inspections to be made of all vessels in accordance with this chapter and chapter 328.

(2) Such officers shall have the power and duty to issue such orders and to make such investigations, reports, and arrests in connection with any violation of the provisions of this chapter and chapter 328 as are necessary to effectuate the intent and purpose of this chapter and chapter 328.

(3) The department or any other law enforcement agency may make any investigation necessary to secure information required to carry out and enforce the provisions of this chapter and chapter 328.

History.-s. 1, ch. 65-361; ... 25, 35, ch. 69-106; s. 3, ch. 72-16; s. 10, ch. 74-327; s. 3, ch. 78-181; ... 10, 12, ch. 84-188.


327.72 Penalties.-(1) Any violation of the provisions of s. 327.33(2)

507

8.327.72 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.328.01

is a noncriminal violation, as defined in s. 775.08(3), punishable by a fine of $25.

(2) Any person failing to comply with the provisions of this chapter or chapter 328 not specified in subsection (1) or not paying the fine specified in subsection (1) within 10 days, except as otherwise provided in this chapter or chapter 328, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

HI.tory.-1I. 1, ch. 65·361; s. 304, ch. 71.136; s. 1, ch. 78·181; •. 3, ch. 80·266; s. 13, ch. 84·188.


CHAPTER 328

VESSELS: TITLE CERTIFICATES; LIENS

328.01 328.03 328.05

328.07 328.09

328.11 328.13

328.15 328.17 328.18 328.20

Application for certificate of title. Certificate of title required. Crimes relating to certificates of title to, or

other indicia of ownership of, vessels; penalties.

Hull identification number required. Refusal to issue and authority to cancel a

certificate of title or registration. Duplicate certificate of title. Manufacturer's statement of origin to be

furnished. Notice of lien on vessel; recording. Nonjudicial sale of vessels held for storage. Power to conduct investigations. Disposition of fees.

manufactured in a state or country not requiring the issuance of a manufacturer's statement of origin; and

2. The most recent certificate of registration for the vessel, if such a certificate was issued.

(c) In making application for an initial title, the owner of a homemade vessel shall establish proof of ownership by submitting with his application:

1. A notarized statement of the builder or its equivalent, whichever is acceptable to the department, if the vessel is less than 16 feet in length; or

2. A certificate of inspection from the division or the Game and Fresh Water Fish Commission and a notarized statement of the builder or its equivalent, whichever is acceptable to the department, if the vessel is 16 feet or more in length.

(d) The owner of a nontitled vessel registered or previously registered in another state or country for which an application for title is made in this state shall establish proof of ownership by surrendering, with 'the submission of his application, the original copy of the most current certificate of registration issued by the other state or country.

(e) The owner of a vessel titled hi another state or country for which an application for title is made in this state shall not be issued a title unless and until all existing titles to the vessel are surrendered to the department.

(f) In making application for the titling of a vessel previously documented by the Federal Government, the current owner shall establish proof of ownership by submitting with his application a certified copy of the cancelled documentation papers or a properly executed release-from-documentation certificate provided by the United States Coast Guard. In the event such documentation papers or certifica-

328.01 Application for certificate of title.- tion are in the name of a person other than the cur(l)(a) The owner of a vessel which is required to rent owner, the current owner shall provide the origi

be titled shall apply to the county tax collector for a nal copy of all subsequently executed bills of sale apcertificate of title. The application shall include the plicable to the vessel. true name of the owner, the residence or business ad- (3)(a) In making application for a title upon dress of the owner, and the complete description of transfer of ownership of a vessel, the new owner shall the vessel, including the hull identification number, surrender to the department the last title document except that an application for a certificate of title for issued for that vessel. The document shall be propera homemade vessel shall state all the foregoing infor- ly executed. Proper execution includes, but is not mation except the hull identification number. The limited to, the previous owner's signature and certifiapplication shall be signed by the owner and shall be cation that the vessel to be transferred is debt-free or accompanied by the prescribed fee. is subject to a lien. If a lien exists, the previous owner

(b) The owner of an undocumented vessel that is shall furnish the new owner, on forms supplied by the exempt from titling may apply to the county tax col- department, the names and addresses of all lienlector for a certificate of title by filing an application holders and the amounts and dates of all liens, toaccompanied by the prescribed fee. gether with a statement from each lienholder that the

(2)(a) The owner of a manufactured vessel that lienholder has knowledge of and consents to the was initially sold in this state for which vessel an ap- transfer of title to the new owner. plication for an initial title is made shall establish (b) If the application for transfer of title is based proof of ownership by submitting with his applica- upon a contractual default, the recorded lienholder tion the original copy of the manufacturer's State- shall establish proof of his right to ownership by subment of origin for that vessel. mitting with the application the original certificate of

(b) The owner of a manufactured vessel that was title and a certified copy of the applicable contract initially sold in another state or country for which upon which the claim of ownership is made. If the vessel an application for an initial title is made shall claim is based upon a court order or judgment, a cerestablish proof of ownership by submitting with his tified copy of such document shall accompany the application: application for transfer of title.

1. The original copy of the manufacturer's state- (c) In making application for transfer of title ment of origin if the vessel was initially sold or manu- from a deceased titled owner, the new owner or surfactured in a state or country requiring the issuance viving coowner shall establish proof of ownership by of such a statement or the original copy of the exe- submitting with his application the original certificuted bill of sale if the vessel was initially sold or cate of title and the decedent's probated last will and

508


testament or letters of administration appointing the personal representative of the decedent. In lieu of a probated last will and testament or letters of administration, a certified copy of the decedent's death certificate, a certified copy of the decedent's last will and testament, and an affidavit by the decedent's surviving spouse or heirs affirming rights of ownership may be accepted by the department. If the decedent died intestate, a court order awarding the ownership of the vessel or an affidavit by the decedent's surviving spouse or heirs establishing or releasing all rights of ownership and a certified copy of the decedent's death certificate shall be submitted to the department.

(4) If the owner cannot furnish the department with all the required ownership documentation, the department may, at its discretion, issue a title conditionedon the owner's agreement to indemnify the department and its agents and defend the title against all claims or actions arising out of such issuance.

(5)(a) An application for an initial title or a title transfer shall include payment of the applicable state sales tax or proof of payment of such tax.

(b) An application for a title transfer between individuals, which transfer is not exempt from the payment of sales tax, shall include payment of the appropriate sales tax payable on the selling price for the complete vessel rig, which includes the vessel and its motor, trailer, and accessories, if any. If the applicant submits with his application an itemized, properly executed bill of sale which separately describes and itemizes the prices paid for each component of the rig, only the vessel and trailer will be subject to the sales tax.

(6) The department shall prescribe and provide suitable forms for applications, certificates of title, notices of security interests, and other notices and forms necessary to carry out the provisions of chapters 327 and 328.

Hiatory.---<I. 4, ch. 67-586; ... 25, 35, ch. 69-106; •. 11, ch. 74-327; •. 4, ch. 80-266; •. 12, ch. 81-100; •. 11, ch. 84-184.

'Note.-The words "the .ubmiBBioD of' were inserted by the editors. Note.-Former •. 371.75.

328.03 Certificate of title required.-(1) Every vessel operated on the. waters of this

state must be titled by this state pursuant to this chapter, except the following vessels:

(a) A vessel owned by the United States Government.

(b) A non-motor-powered vessel less than 16 feet in length.

(c) A federally documented vessel. (d) A vessel used exclusively on private lakes and

ponds. (e) A vessel already covered by a number in full

force and effect which was awarded to the vessel pursuant to federal law or a federally approved numbering system of another state; provided such vessel is not located in this state for a period in excess of 90 days.

(f) An amphibious vessel for which a title is issued by the Department of Highway Safety and Motor Vehicles.

(g) A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer.

(h) A vessel owned and operated by the state or a political subdivision thereof.

(i) A vessel from a country other than the United States temporarily using the waters of this state not in excess of 90 days.

(2) A person shall not operate a vessel for which a certificate of title is required unless the owner has received from the department a valid certificate of title for such vessel. However, such vessel may be operated for a period of up to 180 days from the date of application for a certificate of title while the application is pending.

(3) A person shall not sell, assign, or transfer a vessel titled by the state without delivering to the purchaser or transferee a valid certificate of title with an assignment on it showing the transfer of title to the purchaser or transferee. A person shall not purchase or otherwise acquire a vessel required to be titled by the state without obtaining a certificate of title for the vessel in his name. The purchaser or transferee shall, within 20 days after a change in vessel ownership, file an application for a title transfer with the county tax collector of the county where the vessel is located or of the county where the purchaser or transferee resides.

(4) A certificate of title is prima facie evidence of the ownership of the vessel. A certificate of title is good for the life of the vessel so long as the certificate is owned or held by the legal holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 20 days after the destruction or abandonment, surrender to the department for cancellation any and all title documents. If a titled vessel is insured and the insurer has paid the owner for the total loss of the vessel, the insurer shall obtain the title to the vessel and, within 20 days after receiving the title, forward the title to the department for cancellation. The insurer may retain the certificate of title when payment for the loss was made because of the theft of the vessel.

(5) The department shall provide a labeled place on the title where the seller's price can be indicated when a vessel is sold. It is the intent of the Legislature that, except in a case in which a vessel is sold or transferred to a dealer or in which a vessel is sold and the seller has provided the purchaser with an executed bill of sale and the certificate of title, no notary public notarize a title transfer until the seller properly indicates the sales price, if a labeled place is provided on the title. It is the further intent of the Legislature that no title requiring the notation of the sales price be accepted for transfer by any county tax collector or other agent of the state unless the sales price is entered in the appropriately labeled place on the title by the seller, if a labeled place is provided on the title. If the ownership of a vessel is being transferred to a dealer, the dealer shall record his valid sales tax certificate of registration number in the labeled place on the title to be transferred, if such a labeled place is provided by the department.

(6) The department shall charge a fee of $3 for issuing each certificate of title. The county tax collector shall be entitled to retain $1.50 of the fee.

(7) The department shall make regulations necessary and convenient to carry out the provisions of this chapter.

Hiatory.-•. 4, ch. 67-586; ... 24,25,35, ch. 69-106; •. 12, ch. 74-327; ... 7,8, ch. 79-359; •. 52, ch. 80-274; •. 13, ch. 81-100; •. 21, ch. 83-218; •. 11, ch. 84-184.

509



328.05 Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties.-

(1) It is unlawful for any person to procure or attempt to procure a certificate of title or duplicate certificate of title to a vessel, or to pass or attempt to pass a certificate of title or duplicate certificate of title to a vessel or any assignment thereof, if such person knows or has reason to believe that such vessel is stolen. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) It is unlawful for any person, knowingly and with intent to defraud, to have in his possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, duplicate certificate of title, registration, bill of sale, or other indicia of ownership of a vessel or to conspire to do any of the foregoing. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-8. 4, ch. BO·266; 8. 11, ch. 84·184. Note.-Former 8.371.763.

328.07 Hull identification number required.(1) No person shall operate on the waters of this

state a vessel the construction of which began after October 31, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays the assigned hull identification number issued by the United States Coast Guard for a manufactured vessel or by the department for a homemade vessel or other vessel for which a hull identification number is not required by the United States Coast Guard. The hull identification number must be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel in such a way that alteration, removal, or replacement would be. obvious and evident. The characters of the hull identification number must be no less than 12 in number and no less than one-fourth inch in height.

(2) No person shall operate on the waters of this state a vessel the construction of which was completed before November 1, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays a hull identification number. The hull identification number shall be clearly imprinted in the transom or on the hull by stamping, impressing, or marking with pressure. In lieu of imprinting, the hull identification number may be displayed on a plate in a permanent manner. If the hull identification number is displayed in a location other than the transom, the department must be notified by the manufacturer as to such location. A vessel for which the manufacturer has provided no hull identification number or a homemade vessel shall be assigned a hull identifica-

tion number by the department which shall be affixed to the vessel pursuant to this section.

(3) No person, firm, association, or corporation shall destroy, remove, alter, cover, or deface the hull identification number or hull serial number, or plate bearing such number, of any vessel.

(4) It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his possession any vessel or part thereof on which the assigned identification number has been altered, removed, destroyed, covered, or defaced or maintain such vessel in any manner which conceals or misrepresents the true identity of the vessel. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) The failure to have the hull identification number clearly displayed in compliance with this section shall be probable cause for any Division of Law Enforcement officer or other authorized law enforcement officer to make further inspe.ction of the vessel in question to ascertain the true identity thereof.

(6) Each vessel manufactured after the effective date of this act for sale in the state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with the regulations set forth in 33 C.F.R. pt. 181.

(7) No person or firm shall assign the same hull identification number to more than one vessel.

Hietory.-8. 4, ch. 67·586; 88. 25, 35, ch. 69·106; 8. 13, ch. 74·327; 8. 5, ch. BO· 266; 8. 5, ch. 83·102; 8. 2, ch. 84·129; 8. 12, ch. 84·184.


328.09 Refusal to issue and authority to cancel a certificate of title or registration.-

(1) If the department determines at any time that an applicant for a certificate of title or registration gave a false statement or false or incomplete information in applying for the certificate or otherwise failed to comply with the applicable provisions pertaining to the application for a certificate, it may refuse to issue the certificate.

(2) If the department determines at any time that an owner or dealer named in a certificate of title or registration gave a false statement or false or incomplete information in applying for the certificate or otherwise failed to comply with the applicable provisions pertaining to the application for a certificate, it may cancel the certificate.

(3) The department may cancel any pending application or any certificate if it determines that any title or registration fee or sales tax pertaining to such registration has not been paid, provided such fee or tax is not paid upon reasonable notice.

History.-8. 4, ch. 67·586; 88. 25, 35, ch. 69·106; 8. 13, ch. 74·327; 8. 23, ch. 78· 95; 8. 13, ch. 84·184.


328.11 Duplicate certificate of title.-The department may issue a duplicate certificate of title upon application by the person entitled to hold such a certificate if the department is satisfied that the original certificate has been lost, destroyed, or mutilated. The department shall charge a fee of $1 for issuing a duplicate certificate.

Hlstory.-8. 4, ch. 67·566; 88. 25, 35, ch. 69·106; 8.13, ch. 74·327; 8. 14, ch. 84· 184.


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328.13 Manufacturer's statement of origin to be furnished.-

(1) Any person selling a new vessel in this state shall furnish a manufacturer's statement of origin to the purchaser of the vessel. The statement shall be signed and dated by an authorized representative of the manufacturer and shall indicate the complete name and address of the purchaser. The statement shall provide a complete description of the vessel, which shall include, but is not limited to, the hull identification number, hull length, hull material, type of propulsion, and model year of the vessel.

(2) It is unlawful for a vessel manufacturer, manufacturer's representative, or dealer to issue a manufacturer's certificate of origin describing a vessel, knowing that such description is false or that the vessel described does not exist or for any person to obtain or attempt to obtain such manufacturer's certificate of origin knowing the description is false or having reason to believe the vessel does not exist. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-8. I, ch. 69-167; 8. 6, ch. 80-266; 8. 15, ch. 84-184. Note.-Former 8. 371.791.

328.15 Notice of lien on vessel; recording.(1) No lien for purchase money or as security for

a debt in the form of retain title contract, conditional bill of sale, or chattel mortgage, or otherwise, on a motorboat shall be enforceable in any of the courts of this state against creditors or subsequent purchasers for a valuable consideration and without notice unless a sworn notice of such lien is recorded. The lien certificate shall contain the following information:

(a) Name and address of the registered owner; (b) Date and amount of lien; (c) Description of the motorboat to include make,

type, motor and serial number; and (d) Name and address of lienholder.

The lien shall be recorded in the office of the department, which filing is in lieu of all filing and recording now required or authorized by law, and shall be effective as constructive notice when filed.

(2) The department shall not enter any lien upon its lien records, whether it is a first lien or a subordinate lien, unless the official certificate of title issued for the vessel is furnished with the notice of lien, so that the record of lien, whether original or subordinate, may be noted upon the face thereof. After the department records the lien, it shall send the certificate of title to the holder of the first lien who shall hold such certificate until the lien is satisfied in full.

(3) Upon the payment of any such lien, the debtor, or the registered owner of the motorboat, shall be entitled to demand and receive from the lienholder a satisfaction of the lien which shall likewise be filed with the department.

(4) The department under precautionary rules and regulations to be promulgated by it may permit the use, in substitution of the formal satisfaction of lien, of other methods of satisfaction, such as perforation, appropriate stamp, or otherwise, as it deems reasonable and adequate.

(5) The Department of Natural Resources shall make such rules and regulations as it deems neces-

sary or proper for the effective administration of this law. The department shall prepare the forms of the notice of lien and the satisfaction of lien to be supplied, at 'a charge not to exceed 50 percent more than cost, to applicants for recording the liens or satisfactions and shall keep a permanent record of such notices of lien and satisfactions available for inspection by the public at all reasonable times. The division is authorized to furnish certified copies of such satisfactions for a fee of $1, which certified copies shall be admissible in evidence in all courts of this state under the same conditions and to the same effect as certified copies of other public records.

(6) The department is entitled to a fee of $1 for the recording of each notice of lien. No fee shall be charged for recording the satisfaction of a lien. All of the fees collected shall be paid into the Motorboat Revolving Trust Fund.

(7) Should any person, firm, or corporation holding such lien, which has been recorded in the office of the department, upon payment of such lien and on demand, fail or refuse, within 30 days after such payment and demand, to furnish the debtor or the registered owner of such motorboat a satisfaction of the lien, then, in that event, such person, firm, or corporation shall be held liable for all costs, damages, and expenses, including reasonable attorney's fees, lawfully incurred by the debtor or the registered owner of such motorboat in any suit which may be brought in the courts of this state for the cancellation of such lien.

Hlstory.-8. 4, ch. 67-586; 88. 25, 35, ch. 69-106; 8.14, ch. 74-327; 8. 7, ch. 80-266; 8. 16, ch. 84-184.

INote.-The words "a charge" were inserted by the editon. Note.-Former 8. 371.81.

328.17 Nonjudicial sale of vessels held for storage.-

(1) Provisions in written leases for the storage of vessels, between a business which is authorized to operate as a marina in this state and persons who own vessels, which authorize the marina to sell the vessel at a nonjudicial sale in the event of nonpayment of rent for a period of 6 months are valid and enforceable under the following conditions:

(a) The written lease contains a provision indicating where notice of the nonjudicial sale should be mailed to the vessel owner.

(b) The marina sends written notice by certified or registered mail to the address of the vessel owner as set forth in the lease at least 30 days prior to the proposed sale.

(c) The marina sends written notice of intent to sell the described vessel at public auction, a copy of the written lease signed by the marina and the vessel owner, and a copy of the certified or registered letter sent to the vessel owner to the Department of Natural Resources at least 30 days prior to the sale.

(d) The marina publishes a notice in a newspaper of general circulation in the county in which the marina is located at least 10 days prior to the date of the sale, indicating the time and place of the sale, a description of the vessel, and an announcement that the sale will be a public sale at auction to the highest bidder.

(e) No vessel shall be sold at a nonjudicial sale for less than 50 percent of the fair market value of the vessel. Fair market value shall be determined by two

511


independent appraisals done by . licensed property appraisers or marine surveyors. Copies of the appraisals shall be submitted to the department 30 days prior to the sale.

(2) In any event in which the proceeds from a sale conducted in conformance with the provisions of subsection (1) exceed the rent due and owing on the vessel as of the date of, sale, together with the costs of the sale, including publication costs, the balance of the proceeds shall be deposited with the clerk of the circuit court of the county in which the sale is held, to be returned to the owner of the vessel sold upon application by the owner, less any fee charged by the clerk for such deposit, as allowed by law.

(3) The department shall provide certification forms for sales as authorized in subsection (1), and upon receipt of such form from a purchaser of a vessel, the department shall cause the title to the vessel to be transferred to the purchaser pursuant to this chapter.

(4) All sales as described in subsection (1) shall be subject to prior perfected liens against the vessel sold.

History.-s. 1, eh. 78-264; s. 17, elL 64-164. Note_-Former s. 371.64.

328.18 Power to conduct investigations. -The department or any other law enforcement agency may make any investigation necessary to secure information required to carry out and enforce the provisions of this chapter.

History.-s. 10, eh. 64-164.

328.20 Disposition of fees.-The Department of Natural Resources shall deposit all funds collected by it pursuant to the provisions of this chapter in the Motorboat Revolving Trust Fund.

History.-s. 18, eh. 64-164.

329_01

329.10 329.51

CHAPTER 329

AIRCRAFT: TITLE; REGISTRATION; LIENS

Recording instruments affecting civil aircraft.

Aircraft registration. Liens for labor, services, or material expend

ed upon aircraft; notice.

329.01 Recording instruments affecting civil aircraft.-No instrument which affects the title to or interest in any civil aircraft of the United States, or any portion thereof, is valid in respect to such air

this state. Any instrument required to be recorded by the provisions of this section takes effect from the date of its recordation and not from the date of its execution.

Hiatory.-s. 1, eh. 22673, 1946; s. 1, eh. 64-269.

329.10 Aircraft registration.-(1) It is unlawful for any person in this state to

knowingly have in his possession an aircraft that is not registered in accordance with the regulations of the Federal Aviation Administration contained in Title 14, chapter 1, parts 47-49 of the Code of Federal Regulations.

(2) Any aircraft in or operated in this state that is found to be registered to a nonexistent person, firm, or corporation or to a firm, business, or corporation which is no longer a legal entity is in violation of this section. Any firm, business, or corporation that has no physical location or corporate officers or that has lapsed into an inactive state or been dissolved by order of the SecretarY of State for a period of at least 90 days with no documented attempt to reinstate the firm, business, or corporation or to register its aircraft in the name of a real person or legal entity in accordance with Federal Aviation Administration regulations is in violation of this section.

(3) A person who knowingly supplies false information to a governmental entity in regard to the name, address, business name, or business address of the owner of an aircraft in or operated in the state is in violation of this section.

(4) It is a violation of this section for any person or corporate entity to knowingly supply false information to any governmental entity in regard to ownership by it or another firm, business, or corporation of an aircraft in or operated in this state if it is determined that such corporate entity or other firm, business, or corporation:

(a) Is not, or has never been, a legal entity in this state;

(b) Is not, or has never been, a legal entity in any other state; or

(c) Has lapsed into a state of no longer being a legal entity in this state as defmed in chapter 607 or s. 865.09, and no documented attempt has been made to correct such information with the governmental entity for a period of 90 days after the date on which such lapse took effect with the Secretary of State.

(5) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.

(6) A violation of this section shall be deemed a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 5, eh. 83-272; s. 2, eh. 64-259.

craft, or portion thereof, against any person, other 329.51 Liens for labor, services, or material than the person by whom the instrument is made or expended upon aircraft; notice.-Any lien claimed given, his heirs or devisee, and any person having ac- on an aircraft pursuant to s. 713.58 is enforceable tual notice thereof, until such instrument is recorded when the lienor records a verified lien notice with the in the office of the Federal Aviation Administrator of clerk of the circuit court in the county where the airthe United States, or such other office as is designat- craft was located at the time the labor, services, or ed by the laws of the United States as the one in material was last furnished. The lienor shall record which such instruments should be filed. Every such such lien notice within 90 days after the time the lainstrument so recorded in such office is valid as to all bor, services, or material was last furnished. The nopersons without further recordation in any office of tice shall state the name of the lienor; the name of

512


the owner; a description of the aircraft upon which the lienor has expended labor, services, or material; the amount for which the lien is claimed; and the date the expenditure was completed. This section does not affect the priority of competing interests in any aircraft or the lienor's obligation to record his lien pursuant to s. 329.01.

Hi.tory.-8. 2, ch. 83·272; 8. 3, ch. 84-259.

330.01 330.05 330.17

330.27

330.28 330.29

330.30

330.31

330.325 330.33 330.35 330.36

330.38

CHAPTER 330

REGULATION OF AIRCRAFT, PILOTS, AND AIRPORTS

Definitions. Penalties. Municipalities may not impose registration

fees on aircraft. Definitions, when used in ss. 330.29-330.36,

330.38, 330.39. Declaration as to aeronautical progress. Administration and enforcement; rules;

standards for airport sites and airports. Approval of airport sites and licensing of

airports; fees. Federal-state joint hearings, reciprocal ser-

vices. Injunctive relief. Penalties. Airport zoning, approach zone protection. Prohibition against county or municipal li-

censing of airports. Construction of this law.

330.01 Definitions.-[Repealed by s. 11, ch. 84-205.]

330.05 Penalties.-[Repealed by s. 11, ch. 84-205.]

330.17 Municipalities may not impose registration fees on aircraft.-[Repealed by s. 11, ch. 84-205.]

330.27 Definitions, when used in ss. 330.29-330.36, 330.38, 330.39.-

(1) "Aircraft" means any motor vehicle or contrivance now known, or hereafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.

in connection therewith; or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by him.

(3) "Airport" means any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(4) "Airport hazard" means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off.

(5) "Aviation" means the science and art of flight and includes, but is not limited to, transportation by aircraft; the operation, constru.ction, repair, or maintenance of aircraft, aircraft powerplants, and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and instruction in flying or ground subjects pertaining thereto.

(6) "Department" means the Department of Transportation.

(7) "Limited airport" means an airport, publicly or privately owned, limited exclusively to the specific conditions stated on the site approval order or license.

(8) "Operation of aircraft" or "operate aircraft" means the use, navigation, or piloting of aircraft in the airspace over this state or upon any airport within this state.

(9) "Political subdivision" means any county, municipality, district, port or aviation commission or authority, or similar entity authorized to establish or operate an airport in this state.

(10) "Private airport" means an airport, publicly or privately owned, which is used primarily by the licensee but which is available for use by invitation of the licensee. Services may be provided if authorized by the department.

(11) "Public airport" means an airport, publicly or privately owned, which meets minimum safety and service standards and is open for use by the public.

(12) "Temporary airport" means an airport, publicly or privately owned, that will be used for a period of less than 90 days with no more than 10 operations per day.

(13) "Ultralight aircraft" means any heavierthan-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations.

History.-8. I, ch. 24046, 1947; 8. 24, ch. 57-1; 8.2, ch. 65-178; 88. 23, 35, ch. 69-106; 8. 103, ch. 71-377; 8. 2, ch. 73-326; 8. I, ch. 76-16; s. I, ch. 77-273; s. I, ch. 84-205.

330.28 Declaration as to aeronautical progress.-[Repealed by s. 11, ch. 84-205.]

(2) "Airman" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way; any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and any individual who serves the capacity of a~rcraft dispatcher or air-traffic control tower operator; but does not include any individual employed outside the United States; any individual employed by a manU- 330.29 Administration and enforcement; facturer of aircraft, aircraft engines, propellers, or ap- rules; standards for airport sites and airports. pliances to perform duties as inspector or mechanic -It is the duty of the department to:

513


(1) Administer and enforce the provisions of this chapter;

(2) Establish minimum standards for airport sites and airports under its licensing jurisdiction; and

(3) Adopt such rules as it deems necessary to administer and enforce the provisions of this chapter.

Hi.tory.-8. 3, ch. 24046, 1947; s. 11, ch. 25035, 1949; 8.2, ch. 65-178; 88. 10, 23, 35, ch. 69-106; s. 56, ch. 78-95; s. 2, ch. 84-205.

1330.30 Approval of airport sites and licensing of airports; fees.-

(1) SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE PERIOD, REVOCATION.-

(a) Except as provided in subsection (3), the owner or lessee of any proposed airport shall, prior to the acquisition of the site or prior to the construction or establishment of the proposed airport, obtain approval of the airport site from the department. Applications for approval of a site and for an original license shall be jointly made on a form prescribed by the department and shall be accompanied by a site approval fee of $100. The department, after inspection of the airport site, shall grant the site approval if it is satisfied:

1. That the site is adequate for the proposed airport;

2. That the proposed airport, if constructed or established, will conform to minimum standards of safety and will comply with applicable county or municipal zoning requirements;

3. That all nearby airports, municipalities, and

An application for such license shall be made on a form prescribed by the department and shall be accomplished jointly with an application for site approval. Upon 2granting site approval, 3making a favorable final airport inspection report indicating compliance with all license requirements, and 'receiving the appropriate license fee, the department shall issue a license to the applicant, subject to any reasonable conditions that the department may deem necessary to protect the public health, safety, or welfare.

(b) The department is authorized to license an airport that does not meet all of the minimum standards only if it determines that such exception is justified by unusual circumstances or is in the interest of public convenience and does not endanger the public health, safety, or welfare. Such a license shall bear the designation "special" and shall state the conditions subject to which the license is granted.

(c) The department may authorize a site as a temporary airport if it finds, after inspection of the site, that the airport will not endanger the public health, safety, or welfare. Such authorization shall expire not later than 90 days after issuance and is not renewable.

(d) The annual license fees for the four categories of airport licenses are:

1. Public airport: $100. 2. Private airport: $70. 3. Limited airport: $50. 4. Temporary airport: $25.

property owners have been notified and any com- Airports owned or operated by the state, a county, or ments submitted by them have been given adequate a municipality and emergency helistops operated by consideration; and licensed hospitals are required to be licensed but are

4. That safe air-traffic patterns can be worked exempt from the payment of site approval fees and out for the proposed airport and for all existing air- annual license fees. ports and approved airport sites in its vicinity. (e)1. Each license will expire no later than 1 year

(b) Site approval may be granted subject to any after the date on which the license was issued. The reasonable conditions which the department may expiration date shall be stated on the face of the lideem necessary to protect the public health, safety, cense. Upon sreceiving an application for renewal of a or welfare. Such approval shall remain in effect for a license on a form prescribed by the department, period of 2 years after the date of issuance of the site 3making a favorable inspection report indicating approval order, unless sooner revoked by the depart- compliance with all applicable requirements and conment or unless, prior to the expiration of the 2-year ditions, and 'receiving the appropriate annual license period, a license for an airport located on the ap- fee, the department shall renew the license, subject proved site has been issued pursuant to subsection to any conditions deemed necessary to protect the (2). A site approval may be extended for a maximum public health, safety, or welfare. of 2 years upon good cause shown by the owner or les- 2. The department may require site approval for see of the airport site. an airport if the license of the airport has not been

(c) The department may revoke such approval if renewed by the expiration date. it determines: 3. If the renewal application and fees have not

1. That there has been an abandonment of the been received by the department within 15 days after site as an airport site; the date of expiration of the license, the department

2. That there has been a failure within a reason- may close the airport. able time to develop the site as an airport or to ' com- (f) The department may revoke any license or re-ply with the conditions of the approval; newal thereof, or refuse to issue a renewal, if it deter-

3. That the operation of aircraft of a nonemer- mines: gency nature has occurred on the site; or 1. That there has been an abandonment of the

4. That, because of changed physical or legal con- airport as such; ditions or circumstances, the site is no longer usable 2. That there has been a failure to comply with for the aviation purposes for which the approval was the conditions of the license or renewal thereof; or granted. 3. That, because of changed physical or legal con-

(2) LICENSES; REQUIREMENTS, FEES, RE- ditions or circumstances, the airport has become ei-NEW AL, REVOCATION.- ther unsafe or unusable for the aeronautical purposes

(a) Except as provided in subsection (3), the own- for which the license or renewal was issued. er or lessee of an airport in this state must obtain a li- (3) EXEMPTIONS.-The provisions of this sec-cense prior to the operation of aircraft on the airport. tion do not apply to:

514


(a) An airport owned or operated by the United States.

(b) An ultralight aircraft landing area; except that any public ultralight airport located within 5 nautical miles of another public airport or military airport or any ultralight landing area with more than 10 ultralight aircraft operating from the site is subject to the provisions of this section.

(c) A helistop used solely in conjunction with a construction project undertaken pursuant to the performance of a state contract if the purpose of the helicopter operations at the site is to expedite construction.

(d) An airport under the jurisdiction or control of a county or municipal aviation authority or a county or municipal port authority; however, the department shall license any such airport if such authority does not elect to exercise its exemption under this subsection.

Hi.tory.-s. 4, ch. 24046, 1947; s. I, ch. 61-215; s. 2, ch. 65-178; BB. 23, 35, ch. 69-106; s. 3, ch. 76-168; s. I, ch. 77-457; s. 56, ch. 78-95; BB. 2, 3, ch. 81-318; BB. 3, 9, 10, ch. 84-205.

'Note.-Expires October I, 1994, pursuant to s. 10, cb. 84-205, and is scbed-uled for review pursuant to s. 11.61 in advance of that date.

'Note.-Tbe word "granting" was inserted by tbe editors. 'N ote.-Tbe word "making" was inserted by the editors. 'N ote.-The word "receiving" was substituted by tbe editors for tbe words

"submittal of." aNote.-The word "receiving" was inserted by the editors.

330.31 Federal-state joint hearings, reciprocal services.-

(1) JOINT HEARINGS.-The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under ss. 330.27-330.36, 330.38, and 330.39 or relating to the safe development of airports.

(2) RECIPROCAL SERVICES.-The department is authorized to avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of ss. 330.27-330.36, 330.38, and 330.39. The department shall furnish to the agencies of the United States its cooperation, services, records, and facilities, insofar as may be practicable.

Hi.tory.-8. 5, ch. 24046, 1947; s. 2, ch. 65-178; s. 23, 35, cb. 69-106; s. 4, cb. 84-205.

330.325 Injunctive relief.-The department may institute a civil action for injunctive relief in the appropriate circuit court to prevent the violation of any provision of this chapter.

Hi.tory.-s. 5, cb. 84-205.

330.33 Penalties.-Any person who violates any of the provisions of this chapter or any of the rules or orders issued pursuant thereto is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hi.tory.-s. 7, cb. 24046, 1947; s. 230, cb. 71 -136; s. 5, cb. 84-205.

330.35 Airport zoning, approach zone protection.-

(1) Nothing in ss. 330.28-330.36, 330.38, and 330.39 shall be construed to limit any right, power, or authority of the state or a political subdivision to regulate airport hazards by zoning.

(2) Airports licensed for general public use under

the provisions of s. 330.30 are eligible for approach zone protection, and the procedure shall be the same as is prescribed in chapter 333.

(3) The department is granted all powers conferred upon political subdivisions of this state by chapter 333 to regulate airport hazards at stateowned airports. The procedure shall be to form a joint zoning board with the political subdivision of the state in which the state-owned airport is located as prescribed in chapter 333.

Hi.tory.-s. 9, cb. 24046, 1947; s. 2, ch. 65-178; BB. 23, 35, cb. 69-106; s. 6, cb. 84-205.

330.36 Prohibition against county or municipal licensing of airports.-No county or municipality of this state shall license airports or control their location except by zoning requirements. The determination of suitable sites and standards of safety for airports shall be in accordance with the provisions of this chapter. Nothing in this chapter shall be interpreted as prohibiting a county or municipality from issuing occupational licenses to operators of airports.

Hi.tory.-s. 10, cb. 24046, 1947; s. 7, cb. 84-205.

330.38 Construction of this law.-Nothing in this chapter shall apply to, or confer Ion the department, jurisdiction or control over any county or municipal aviation authority or county or municipal port authority or any airport under the control of such an authority.

Hi.tory.-s. lla, ch. 24046, 1947; s. 2, cb. 65-178; BB. 23, 35, cb. 69-106; s. 8, ch. 84-205.

'Note.-Tbe words "on tbe" were inserted by tbe editors.

CHAPTER 332

AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

332.003 Florida Airport Development and Assistance Act; short title.

332.004 Definitions of terms used in ss. 332.003-332.007.

332.005 Restrictions on authority of Department of Transportation.

332.006 Duties and responsibilities of the Department of Transportation.

332.007 Administration and financing of aviation and airport development programs and projects; state plan.

332.003 Florida Airport Development and Assistance Act; short title.-Sections 332.003-332.007 may be cited as the "Florida Airport Development and Assistance Act."

Hi.tory.-s. 257, cb. 84-309; s. I, cb. 84-320.

332.004 Definitions of terms used in ss. 332.003-332.007.-As used in ss. 332.003-332.007, the term:

(1) "Airport" means any area of land or water, or any manmade object or facility located therein, which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant

515


areas which are used, or intended for public use, for airport buildings or other airport facilities or rightsof-way.

(2) "Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public-use airport, or any use of land near such airport, which obstructs or causes an obstruction to the airspace required for the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to landing or taking off at such airport.

(3) "Airport master planning" means the development, for planning purposes, of information and guidance to determine the extent, type, and nature of development needed at a specific airport.

(4) "Airport or aviation development" means any activity associated with the design, construction, improvement, or repair of a public-use airport or portion thereof, including, but not limited to: the removal, lowering, relocation, marking, and lighting of airport hazards; the installation of navigation aids used by aircraft in landing at or taking off from a public airport; and the installation of safety equipment required by rule or regulation for certification of the airport under s. 612 of the Federal Aviation Act of 1958, and amendments thereto.

(5) "Aviation system planning" means the development of comprehensive aviation plans designed to achieve and facilitate the establishment of a statewide, integrated aviation system in order to meet the current and future aviation needs of this state.

(6) "Eligible agency" means an agency of the state, a political subdivision of the state, or an authority which owns or seeks to develop a public-use airport.

(7) "Federal aid" means funds made available from the Federal Government for the accomplishment of airport or aviation development projects.

(8) "Florida airport system" means all existing public-use airports that are owned and operated within the state and those public-use airports which will be developed and made operational in the future.

(9) "Landing area" means that area used or intended to be used for the landing, takeoff, or surface maneuvering of an aircraft.

(10) "Planning agency" means any agency authorized by the laws of the state or by a political subdivision to engage in area planning for the areas in which assistance under this act is contemplated.

(11) "Project" means a project for the accomplishment of airport or aviation development or airport master planning.

(12) "Project cost" means any cost involved in accomplishing a project.

(13) "Public-use airport" means any publicly owned airport which is used or to be used for public purposes.

(14) "Sponsor" means any eligible agency which, either individually or jointly with one or more eligible agencies, submits to the department an application for financial assistance for an airport development project in accordance with this act.

HI.tory.--fI. 259, ch. 84·309; s. 3, ch. 84·320.

332.005 Restrictions on authority of Department of Transportation.-This act specifically prohibits the Department of Transportation from regulating commercial air carriers operating within

the state pursuant to federal authority and regulations; from participating in or exercising control in the management and operation of a sponsor's airport, except when officially requested by the sponsor; or from expanding the design or operational capability of the department in the area of airport and aviation consultants' contract work, other than to provide technical assistance as requested.

HI.tory.--fI. 258, ch. 84·309; s. 2, ch. 84·320.

332.006 Duties and responsibilities of the Department of Transportation.-The Department of Transportation shall, within the resources provided pursuant to chapter 216:

(1) Provide coordination and assistance for the development of a viable aviation system in this state. As part of such system, a statewide aviation system plan shall be developed which identifies airport and aviation needs within the state. The statewide plan shall consist primarily of the airport master plans of local airports and may include plans adopted by local and regional planning agencies.

(2) Advise and assist the Governor in all aviation matters.

(3) Upon request, assist airport sponsors, both financially and technically, in airport master planning.

(4) Upon request, provide financial and technical assistance to public agencies which operate publicuse airports by making department personnel and department-owned facilities and equipment available on a cost-reimbursement basis to such agencies for special needs of limited duration. The requirement relating to reimbursement of personnel costs may be waived by the department in those cases in which the assistance provided by its personnel was of a limited nature or duration.

(5) Participate in research and development programs relating to airports.

(6) Administer department participation in the program of aviation and airport grants as provided for in ss. 332.003-332.007.

(7) Develop, promote, and distribute supporting information and educational services.

(8) Encourage the maximum allocation of federal funds to local airport projects in this state.

(9) Support the development of land located within the boundaries of airports for the purpose of industrial or other uses compatible with airport operations with the objective of assisting airports in this state to become fiscally self-supporting. Such assistance may include advancing state moneys on a matching basis to airport sponsors for capital improvements, including, but not limited to, fixed-base operation facilities, parking areas, and industrial park utility systems.

HI.tory.-s. 260, ch. 84·309; 8. 4, ch. 84·320.

332.007 Administration and financing of aviation and airport development programs and projects; state plan.-

(1) Federal funding of individual local airport projects shall continue to be wholly between the local airport sponsors and the appropriate federal agencies; however, the Department of Transportation is authorized to receive federal grants for statewide projects when no local sponsor is available.

(2)(a) The Department of Transportation shall

516


prepare and continuously update a 5-year aviat!on and airport development plan based on a collectIon of the local sponsors' proposed projects, ~hich plan will be included in the 5-year transportation plan of the department. Any planned department participation shall be in accordance with subsection (5).

(b) The department shall provide priority funding in support of the planning, design, and c<!nstruction of proposed projects by local sponsors, wlt.h special emphasis on projects for runways, taxlways, lighting, and other related airside activities.

(c) The aviation and airport ·development plan shall be consistent with the statewide aviation system plan and local plans. Projects involving funds ad~inistered by the department to be undertak~n and 1I~plemented by the airport sponsor shall be mcluded m the 5-year aviation and airport development plan.

(3)(a) Aviation and airport development funds shall be requested on the basis of the funding required for the aviation and airport development ·plan.

(b) Only those airport access transpor~tion f~cility projects which are necessary to proVIde a dlrect connection to a public-use airport from the nearest practicable transportation facility are eligible for the use of funds provided for herein.

(c) No single airport shall secure project funds in excess of 25 percent of the total project funds avail-able in any given budget year. .

(d) Unless prohibited by the appropriatlOns act or general legislation, the department may transfer airport and aviation funds within its airport and aviation programs to maximize the aviation services and federal aid available to this state.

(4) Any project or program provided for in this act that will contribute to the implementation of the state aviation system plan, or any airport master plan or layout plan, is eligible for the expeI?-d.itur~ of state funds in accordance with fund partlclpatlon rates and priorities established h~rei!1'. .

(5) Subject to the avaIlablhty of appropriated funds the department may participate in the capital cost of eligible public airport and aviation projects in accordance with the following rates:

(a) The department may fund up to 50 percent of the nonfederal share of the costs of any eligible project except that state fund participation may not exceed 12.5 percent of the total project cost in any nonfederally funded project which has a total project cost of $1 000,000 or more. The participation by the departme~t in any federally assisted eligibl~ project may not exceed 12.5 percent of the total project cost; except that such participation may b~ up to . 25 I?ercent of the total project cost for a capltal project m a non-revenue-producing portion of a terminal facility when federal participation is limited to 50 percent, and except that the department may initially fund up to 75 percent of the co~t of land acquisition for a I?-ew airport and shall be relmbursed to the normal project share when federal funds become available or within 10 years after the date of acquisition, whichever is earlier.

(b) The department is authorized to fund up to 100 percent of the cost of an eligible project that is statewide in scope or that involves more than one county where no other governmental entity or appropriate jurisdiction exists.

Hi.tory.-8. 26l, ch. 84-309; •. 5, ch. 84-320.

CHAPTER 334

TRANSPORTATION ADMINISTRATION

334.01 334.02 334.021

334.03 334.035 334.044 334.046 334.05

334.063

334.11

334.131 334.14

334.17

334.171

334.175

334.18

334.185

334.19

334.193

334.195

334.196

334.20 334.21

334.2105

334.211 334.212

334.215 334.22 334.23 334.235 334.24

334.25

Florida Transportation Code; short title. Declaration of legislative intent. Integrated balanced state highway sys-

tem; definitions. Definitions of words and phrases. Purpose of transportation code. Powers and duties of department. Department program objectives. . .. Headquarters of department; acqUlsltlon

of office space. Statistical studies relating to traffic count

and accidents. Coordination of highway program; duties

of department. Department employees' benefit fund. Employees of department who are re

quired to be engineers. Consulting services; provision by depart

ment to other governmental units. State to assist counties and municipali

ties; procedure. Certification of project design plans and

surveys. Employment of legal counsel by depart

ment. Financial responsibility for construction,

material, or design failures; review of contracts; financial assurances.

Employment of comptroller and internal auditor; duties; comptroller's bond; financial records and accounts.

Unlawful for state officer or department agent or employee, or business in which such person has an interest, to be financially interested in certain contracts; penalties.

Officers or employees of the department; conflicts of interest; exception; penalties.

Authority of department to photograph or microphotograph records and to destroy original records; admissibility of photographs or microphotographs in evidence.

Expenditures. Budgets; preparation, adoption, execu

tion, and amendment. Working Capital Trust Fund created; ex

penditure of such funds, etc. Transportation planning.. . Coordination of Central FlOrida Corrldor

planning. Transportation planning organization. Annual reports of department. Annual audit by Auditor General. Performance audits. Compilation, maintenance, and provision

of information relating to roads and road building and repair.

Seal of department.

517


334.01 Florida Transportation Code; short title.-Chapters 334-339, 341, 348, and 349 and ss. 332.003-332.007, 351.35, 351.36, 351.37, and 861.011 may be cited as the "Florida Transportation Code."

History.-8. 168, ch. 29965, 1955; 8. I, ch. 73-59; 8. 72, ch. 79-164; 8. 6, ch. 64-309.

334.02 Declaration of legislative intent. -[Repealed by s. 7, ch. 84-309.1

334.021 Integrated balanced state highway system; definitions.-[Repealed by s. 8, ch. 84-309.1

334.03 Definitions of words and phrases. -The following words and phrases when used in this code have, unless the context clearly indicates otherwise, the following meanings:

(1) "Arterial road."-A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road.

(2) "Bridge. "-A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passageway for carrying traffic as defined in chapter 316.

(3) "City street system."-The city street system of each municipality consists of all local roads within that municipality, and all collector roads inside that municipality, which are not in the county road system.

(4) "Collector road."-A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs.

(5) "Commissioners."-The governing body of a county.

(6) "County road system."-The county road system of each county consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System.

(7) "Department. "-The Department of Transportation.

(8) "Functional classification."-The assignment of roads into systems according to the character of service they provide in relation to the total road network. Basic functional categories include arterial roads, collector roads, and local roads which may be subdivided into principal, major, or minor levels. Those levels may be additionally divided into rural and urban categories.

(9) "Governmental entity."-A unit of government, or any officially designated public agency or authority of a unit of government, that has the responsibility for planning, construction, operation, or maintenance, or jurisdiction over, transportation facilities; the term includes the Federal Government, the state government, a county, an incorporated municipality, a metropolitan planning organization, an

expressway or transportation authority, a turnpike project, a road and bridge district, a special road and bridge district, and a regional governmental unit.

(10) "Limited access facility."-A street or highway especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic.

(11) "Local governmental entity."-A unit of government with less than statewide jurisdiction, or any officially designated public agency or authority of such a unit of government, that has the responsibility for planning, construction, operation, or maintenance, or jurisdiction over, transportation facilities; the term includes a county, an incorporated municipality, a metropolitan planning organization, an expressway or transportation authority, a turnpike project, a road and bridge district, a special road and bridge district, and a regional governmental unit.

(12) "Local road."-A route providing service which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property.

(13) "Periodic maintenance."-Activities which are large in scope and require a major work effort to restore deteriorated components of the transportation system to a safe and serviceable condition, including, but not limited to, the repair of large bridge structures, major repairs to bridges and bridge systems, and the mineral sealing of lengthy sections of roadway.

(14) "Person."-Any person described in s. 1.01 or any unit of government in or outside the state.

(15) "Right of access."-The right of ingress to a highway from abutting land and egress from a highway to abutting land.

(16) "Right-of-way."-Land in which the state, the department, a county, or a municipality owns the fee or has an easement devoted to or required for the use as a public road.

(17) "Road."-The term "r.oad" includes streets, sidewalks, alleys, highways, and other ways open to travel by the public, including the roadbed, right-ofway, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

(18) "Routine maintenance."-Pavement patching; shoulder repair; cleaning and repair of drainage ditches, traffic signs, and structures; mowing; bridge inspection and maintenance; pavement striping; litter cleanup; and such other similar activities of a minor scope as are necessary to maintain a safe and efficient transportation system.

(19) "State Highway System."-The State Highway System consists of the following:

(a) The interstate system; (b) All rural arterial routes and their extensions

into and through urban areas;

518


(c) All urban principal arterial routes; and (d) Those urban minor arterial routes on the ex

isting primary road system as of July 1, 1977, with the addition of segments of such routes which lie between and connect those parts of the routes previously included in the primary system and which are necessary to provide continuity to the system; except that no segment in excess of 2 miles shall be so added.

However, not less than 2 percent of the public road mileage of each urbanized area shall be included as minor arterials in the State Highway System. Urbanized areas not meeting the foregoing minimum requirement shall have transferred to the State Highway System additional minor arterials of the highest significance, in which case the total minor arterials in the State Highway System from any urbanized area shall not exceed 2.5 percent of that area's total public urban road mileage. Excluding the interstate system, the State Highway System shall be limited to 11,300 miles.

(20) "State Park Road System."-Roads embraced within the boundaries of state parks and state roads leading to state parks, other than roads of the State Highway System, the county road systems or the city street systems.

(21) "State roads."-All streets, roads, highways, and other public ways open to travel by the public generally and dedicated to the public use, according to law or by prescription, and designated by the department, as provided by law, as parts of the State Highway System.

(22) "Structures. "-Bridges, viaducts, tunnels, causeways, approaches, ferry slips, culverts, tollhouses, and gates and other similar facilities used in connection with roads.

(23) "Sufficiency rating." -The objective rating of a road or section of a road for the purpose of determining its capability to serve properly the actual or anticipated volume of traffic using the road.

(24) "Transportation facility." -Any means for the transportation of people and property from place to place that is constructed, operated, or maintained in whole or in part from public funds. The term includes the property or property rights, both real and personal, which have been or may be established by public bodies for the transportation of people and property from place to place.

(25) "Urban area."-A geographical region comprising as a minimum the United States Bureau of Census boundary of an urban place with a population of 5,000 or more persons, expanded to include adjacent areas as provided for by Federal Highway Administration regulations.

(26) "Urban minor arterial roads."-Routes which generally interconnect with, and augment, urban principal arterial routes and provide service to trips of shorter length and a lower level of travel mobility. Such routes include all arterials not classified as "principal" and contain facilities that place more emphasis on land access than the higher system.

(27) "Urban principal arterial roads."-Routes which generally serve the major centers of activity of an urban area, the highest traffic volume corridors, and the longest trip purpose and carry a high proportion of the total urban area travel on a minimum of

mileage. The routes are integrated, both internally and between major rural connections.

(28) "Urbanized area."-A geographical region comprising as a minimum an incorporated place and surrounding densely settled areas, as designated by the United States Bureau of Census, with a population of 50,000 or more persons, expanded to include adjacent areas as provided for by Federal Highway Administration regulations.

Hlstory.-8. 2, ch. 29965, 1956; 88. I, 2, ch. 57-318; 88. I, 2, ch. 63-27; s. I, ch. 67-43; 88. 23, 35, ch. 69-106; s. 105, ch. 71-377; 88.6,17, ch. 77-165; s. I, ch. 79-357; s. 136, ch. 79-400; s. I, ch. 83-52; s. 9, ch. 84-309. cf.-8. 335.Q1 State roads designated.

334.035 Purpose of transportation code. -The purpose of the Florida Transportation Code is to establish the responsibilities of the state, the counties, and the municipalities in the planning and development of the transportation systems serving the people of the state and to assure the development of an integrated, balanced statewide transportation system. This code is necessary for the protection of the public safety and general welfare and for the preservation of all transportation facilities in the state. The chapters in the code shall be considered components of the total code, and the provisions therein, unless expressly limited in scope, shall apply to all chapters.

History.-s. 10, ch. 84-309.

334.044 Powers and duties of department. -The department shall have the following general powers and duties:

(1) To assume the responsibility for coordinating the planning of a safe, viable, and balanced state transportation system serving all regions of the state and to assure the compatibility of all components, including multimodal facilities.

(2) To adopt rules, procedures, and standards for the conduct of its business operations and the implementation of any provision of law for which the department is responsible.

(3) To adopt an official seal. (4) To maintain its headquarters in Tallahassee

and its district offices and necessary field offices at such places within the state as it may designate and to purchase, build, or lease suitable buildings for such uses.

(5) To purchase, lease, or otherwise acquire property, materials, equipment, and supplies and to sell, exchange, or otherwise dispose of any property which is no longer needed by the department.

(6) To acquire, by the exercise of the power of eminent domain as provided by law, all property or property rights, whether public or private, which it may determine are necessary to the performance of its duties and the execution of its powers.

(7) To enter into contracts and agreements. (8) To sue and be sued as provided by law. (9) To employ and train staff and to contract

with qualified consultants. For the purposes of chapters 471 and 472, the department shall be considered a firm.

(10) To develop and adopt uniform minimum standards and criteria for the design, construction, maintenance, and operation of public roads pursuant to the provisions of s. 336.045.

(11) To establish a numbering system for public

519


roads, to functionally classify such roads, and to assign jurisdictional responsibility.

(12) To coordinate the planning of the development of public transportation facilities within the state and the provision of related transportation services as authorized by law.

(13) To designate existing, and to plan proposed, transportation facilities as part of the State Highway System and to construct, maintain, and operate such facilities.

(14) To establish and control points of ingress to, and egress from, the State Highway System and to establish, control, and prohibit such points of ingress and egress on turnpike projects as necessary to ensure the safe, efficient, and effective maintenance and operation of such facilities.

(15) To plan, acquire, lease, construct, maintain, and operate toll facilities; to authorize the issuance and refunding of bonds; and to fix and collect tolls or other charges for travel on any such facilities.

(16) To designate limited access facilities on the State Highway System and turnpike projects; to plan, construct, maintain, and operate service roads in connection with such facilities; and to regulate, reconstruct, or realign any existing public road as a service road.

(17) To establish and maintain bicycle and pedestrian ways.

(18) To encourage and promote the development of multimodal transportation alternatives.

(19) To conduct research studies and to collect data necessary for the improvement of the state transportation system.

(20) To conduct research and demonstration projects relative to innovative transportation technologies.

(21) To cooperate with and assist local governments in the development of a statewide transportation system and in the development of the individual components of the system.

(22) To cooperate with the transportation department of any adjoining state in the development and construction of transportation facilities physically connecting facilities of this state with those facilities of any adjoining state.

(23) To identify, obtain, and administer all federal funds available to the department for all transportation purposes.

(24) To provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs.

(25) To conduct studies and provide coordination to assess the needs associated with landside ingress and egress to port facilities and to coordinate with local governmental entities to ensure that port facility access routes are properly integrated with other transportation facilities.

(26) To require persons to affirm the truth of statements made in any application for a license, permit, or certification issued by the department or in any contract documents submitted to the department.

(27) To take any other action necessary to carry out the powers and duties expressly granted in this code.

Hi.tory.-8. 11, ch. 84·309.

334.046 Department program objectives.(1) The program objectives of the department for

the purpose of enhancing public safety and providing for a comprehensive transportation system are:

(a) To complete the Florida interstate system. (b) To meet the annual needs for resurfacing of

the State Highway System, including repair and replacement of bridges on the system.

(c) To reduce congestion on the state transportation system, the generation of pollutants, and fuel consumption by:

1. Reducing deficient lane miles through new construction and expansion of existing facilities;

2. Constructing intersection improvements, grade separations, and other traffic operation improvements;

3. Participating in the development of toll roads; and

4. Promoting all forms of public transit, with particular emphasis on the development of fixedguideway systems through joint development and funding by the public and private sectors.

(d) To provide routine and uniform maintenance of the State Highway System.

(2) The department in its budget request shall report as to how its request complies with the program objectives set forth in subsection (1) and as to how commitments from the prior fiscal year and the projection of the current fiscal year comply with those same program objectives.

Hlltory.-8. 12, ch. 84·309.

334.05 Headquarters of department; acquisition of office space.-

(1) The headquarters and general office of the department shall be located at the state capital.

(2) The department may purchase, build, rent, or lease suitable buildings or rooms for its headquarters, general office, branch offices, or division offices and for maintenance yards and rooms for equipment and supplies in other cities and towns of this state as the business of the department may necessitate or require; and payment for the purchase, construction, rental, or lease of such offices shall be made from any funds provided for the maintenance of the department.

Hlltory.-8. 4, ch. 29965, 1955; 8. 1, ch. 63·330; 8. 13, ch. 84·309.

334.063 Statistical studies relating to traffic count and accidents.-The department shall include in the criteria for the planning, construction, and maintenance of the State Highway System statistical studies of accidents and fatalities as well as traffic count.

HI.tory.-8. 1, cb. 69·66; ... 23, 35, ch. 69-106; 8. 14, ch. 84-309.

334.11 Coordination of highway program; duties of department.-[Repealed by s. 15, ch. 84-309.]

334.131 Department employees' benefit fund.- The department is authorized to create and operate an employees' benefit fund for employees of the department. The proceeds of the vending machines located in premises occupied by the depart-ment shall be paid into the fund, to be used for such

520


benefits and purposes as the department may determine.

History.-s. 1, ch. 69-387; ... 23,35, ch. 69-106; s. 16, ch. 84-309.

334.14 Employees of department who are required to be engineers.-

(1) At a minimum, each of the following employees of the department must be a professional engineer registered under chapter 471:

(a) The State Transportation Engineer and each district engineer.

(b)1. The head of the division, or equivalent unit, of the department that is responsible for the design of transportation facilities.

2. The head of each bureau, or equivalent unit, of the department that is directly responsible for the design of transportation facilities.

3. Any person who is employed or assigned by any such unit to be in responsible charge of an engineering project designed by the unit, regardless of whether such person is employed in the central office or in a field office.

(c)1. The head of the division, or equivalent unit, of the department that is responsible for the construction of transportation facilities.

2. The head of each bureau, or equivalent unit, of the department that is directly responsible for construction and for materials testing and research.

3. Any area or resident engineer who is in responsible charge of an engineering construction project.

(d)1. The head of each bureau, or equivalent unit, of the department that is directly responsible for traffic operations and the maintenance of transportation facilities.

2. The senior maintenance engineer assigned to a field office.

3. The senior maintenance engineers in charge of the various area maintenance yards assigned to the field units.

(2) As used in this section, the term "responsible charge" means the rendering of engineering judgment and decisions in the development of technical policy and programs or the direct control and personal supervision of work performed by himself or by others over whom the person holds supervisory authority.

(3) Any person holding the position of resident engineer of construction or senior maintenance engineer of a field unit on July 1, 1984, is not subject to the engineering registration requirement. However, when such person vacates his position, his replacement must comply with that requirement.

(4) The department shall employ a district engineer for each transportation district whose duties shall be fixed by the department and who shall be responsible for the efficient operation and administration of that district.

(5) In addition to the requirement for engineering registration in subsection (1), the department, in filling the positions described in this section, shall place emphasis on proven management ability and experience.

History.-s. 13, ch. 29965,1955; s. 5, ch. 57-318; s. 5, ch. 67-461; ... 12,23,35, ch. 69-106; s. 2, ch. 72-29; ... 2, 3, ch. 73-58; s. 2, ch. 78-90; s. 205, ch. 81-259; s. 2, ch. 81-302; s. 17, ch. 84-309.

partment is authorized to provide consulting services, upon request, to any governmental unit on such terms as may be mutually agreed upon in writing.

History.-s. 16, ch. 29965, 1955; ... 23, 35, ch. 69-106; s. 18, ch. 84-309.

334.171 State to assist counties and municipalities; procedure.-[Repealed by s. 19, ch. 84-309.]

334.175 Certification of project design plans and surveys.-All design plans and surveys prepared by or for the department shall be signed, sealed, and certified by the professional engineer or surveyor or architect in responsible charge of the project work. Such professional engineer, surveyor, or architect must be duly registered in this state.

Hi.tory.-8. 20, ch. 84-309.

334.18 Employment of legal counsel by department.-The department shall employ a general counsel and as many attorneys as it deems necessary to advise and represent the department in all transportation matters. The general counsel and each attorney shall be employed full time and shall be directly responsible to the head of the department.

History.-8. 17, ch. 29965, 1955; s. 8, ch. 57-318; s. 6, ch. 67-461; ... 11,23,35, ch. 69-106; s. 21, ch. 84-309.

334.185 Financial responsibility for construction, material, or design failures; review of contracts; financial assurances.-The department shall request its legal staff, prior to awarding any contract, to review the contract to determine the responsibilities of the parties for construction, material, or design failures. The department shall, whenever practical, minimize its responsibility for such failures. The department legal staff shall review and comment on all contracts to:

(1) Determine the legal responsibility for construction, material, or design failures.

(2) Advise the department on ways to minimize the responsibility of the department for such failures.

The department may require financial assurances, including, but not limited to, bonds, liability insurance or other form of insurance, or letters of credit, to provide that the responsibilities of the parties to a contract will be met.

History.-s. 22, ch. 84-309.

334.19 Employment of comptroller and internal auditor; duties; comptroller's bond; financial records and accounts.-

(l)(a) The department shall employ a comptroller whose special duty it is to examine into and supervise the methods of bookkeeping and accounting of the department and all similar matters relating to its management.

(b) The comptroller shall be required to give bond in the amount of $100,000, payable to the Governor and his successors in office, to be approved by the Department of Banking and Finance and conditioned upon the faithful performance of his duties. The premiums of such bond shall be paid from the funds for the maintenance of the department.

334.17 Consulting services; provision by de- (2) The department shall, by rule or internal partment to other governmental units.-The de- management memoranda as required by chapter 120,

521


provide for the maintenance by the comptroller of records and accounts of the department relating to financial transactions, as will afford a full and complete check against the improper payment of bills and provide a system for the prompt payment of the just obligations of the department, which records shall at all times disclose:

(a) The several appropriations available for the use of the department;

(b) The specific amounts of each such appropriation budgeted by the department for each improvement or purpose;

(c) The apportionment or division of all such appropriations among the several counties and districts, when such apportionment or division is made;

(d) The amount or portion of each such apportionment against general contractual and other liabilities then created;

(e) The amount expended and still to be expended in connection with each contractual and other obligation of the department;

(0 The expense and operating costs of the various activities of the department;

(g) The receipts accruing to the department and the distribution thereof; and

(h) The assets, investments, and liabilities of the department.

The comptroller shall maintain a separate account for each fund administered by the department.

(3) The comptroller shall act under the general supervision and control of the department and shall perform such other related duties as may be designated by the department.

(4)(a) The department shall employ an internal auditor whose duties include, but are not restricted t<,>, reviewing, evaluating, and reporting on the poliCIes, plans, procedures, and accounting, financial, and other operations of the department and recommending changes for the improvement thereof, as well as performing audits of contracts and agreements between the department and private entities or other governmental entities. The internal auditor shall have access at all times to any personnel, records, data, or other information of the department and shall determine the methods and procedures necessary to carry out his duties. The internal auditor is responsible for audits of departmental operations and audits of .consultant contracts and agreements, and such audIts shall be conducted in accordance with generally accepted governmental auditing standards. The internal auditor shall report on the efficiency and effectiveness of contracts executed by the department with private entities and other governmental entities. The internal auditor has the sole responsibility for the contents of his reports, and a copy of each report containing his findings and recommendations shall be furnished directly to the head of the department.

(b) The internal auditor shall act under the general supervision and control of the department and shall perform such other related duties as may be designated by the department.

History.-s. 18. ch. 29965. 1955; s. 1. ch. 61-229; s. 2. ch. 61-492; s. I , ch. 63-87; s. 5, ch. 67-461; 88. 12, 23,35, ch. 69-106; s. 23, ch. 84-309.

334.193 Unlawful for state officer or department agent or employee, or business in which such person has an interest, to be rmancially interested in certain contracts; penalties.-

(1) It is unlawful for a state officer or an employee or agent of the department, or for any company corporation, or firm in which a state officer or an em~ ployee or agent of the department has a financial interest, to bid on, enter into, or be personally interested in:

(a) The purchase or the furnishing of any materials or supplies to be used in the work of the state.

(b) A contract for the construction of any state road, the sale of any property, or the performance of any other work for which the department is responsible.

(2) Any person who is convicted of a violation of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be removed from his office or employment.

Hi.tory.-s. 24, ch. 84-309.

334.195 Officers or employees of the department; conflicts of interest; exception; penalties.-

(1) Except as provided in subsection (2), no state officer or employee of the department shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the department.

(2) The provisions of this section do not apply to the ~olicitation o~ ft;Inds for charitable purposes, includmg, but not limIted to, such organizations as the United Fund, Heart Fund, or American Red Cross.

(3) A violation of the terms of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and subjects the officer or employee violating its provisions to removal from his office or employment.

Hi.tory.-8. I, ch. 70-123; s. 235, ch. 71-136; s. 25, ch. 84-309. Note.-Former •. 337.045.

334.196 Authority of department to photograph or microphotograph records and to destroy original records; admissibility of photographs or microphotographs in evidence.-

(1) The department is authorized to photograph, microphotograph, or reproduce on film, whereby each page will be exposed in exact conformity with the original, all its documents, records, maps, data and information of a permanent character. The de~ partment is further authorized to destroy any documents after they have been photographed and filed except the original minutes of the meetings of the former State Road Board and such title deeds, maps, easements, leases, and releases relating to the rightsof-way of state roads and other property owned or leased by the department, which deeds, maps, easements, leases, and releases the department deems should be preserved in original form.

(2) Photographs or microphotographs in the form of film or print of any records made in compliance with the provisions of this section shall have the same force and effect as the originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or mi-

522


crophotographs shall be admitted in evidence equally with original photographs or microphotographs.

Bi.tory.-8. 163, ch. 29965, 1955; 88. 23, 35, ch. 69·106; 8. 1, ch. 73·305; 8. 26, ch. 84·309.


334.20 Expenditures.-[Amended and transferred to s. 339.035 by s. 202, ch. 84-309.]

334.21 Budgets; preparation, adoption, execution, and amendment.-[Amended and transferred to s. 339.135 by s. 214, ch. 84-309, and s. 1, ch. 84-332.]

334.2105 Working Capital Trust Fund created; expenditure of such funds, etc.-[Amended and transferred to s. 339.145 by s. 215, ch. 84-309.]

334.211 Transportation planning.-[Amended and transferred to s. 339.155 by s. 218, ch. 84-309, and s. 2, ch. 84-332.]

334.212 Coordination of Central Florida Corridor planning.-[Repealed by s. 27, ch. 84-309.]

334.215 Transportation planning organization.-[Amended and transferred to s. 339.175 by s. 219, ch. 84-309, and s. 3, ch. 84-332.]

334.22 Annual reports of department.-(1) The department shall report to the Governor

not later than 60 days before the meeting of each regular session of the Legislature such changes in the laws as the department may determine as being needed to accomplish the purpose of the department.

(2) The department shall also file with the Governor not later than 60 days prior to such meeting of each regular session of the Legislature a report covering the operation of the department for the preceding fiscal year, which report shall include a summary statement of the financial operations of the department and any other fiscal information that the Governor may request.

Bi.tory.-8. 21, ch. 29965, 1955; 88. 23, 35, ch. 69·106; 8. 1, ch. 73·311; 8. 28, ch.84·309.

334.23 Annual audit by Auditor General. -[Amended and transferred to s. 339.147 by s. 216, ch. 84-309.]

334.235 Performance audits.-[Amended and transferred to s. 339.149 by s. 217, ch. 84-309.]

334.24 Compilation, maintenance, and provision of information relating to roads and road building and repair.-The department shall:

(1) Collect data and information as to all roads in the state and, when practicable, have maps and plats thereof made.

(2) Investigate and collect data and information as to the best methods and materials for road building and repair.

(3) Investigate and gather information as to road building and repair in the different localities in the state.

(4) Compile all such data and information and furnish it to counties upon request.

(5) Keep on file at the department headquarters copies of such data and information as a public record.

Blatory.-8. 23, ch. 29965, 1955; 8. 1, ch. 63·174; 88. 23,35, ch. 69·106; 88. 2, 3, ch. 73·57; 8. 29, ch. 84·309.

334.25 Seal of department.-[Repealed by s. 30, ch. 84-309.]

335.01

335.02

335.03 335.035 335.04

335.05

335.06 335.064

335.065

335.07

335.074 335.075

335.09

335.091 335.092 335.10

335.11 335.12 335.13 335.14

335.141

335.145

335.15 335.16

335.165 335.17

CHAPTER 335

STATE HIGHWAY SYSTEM

Designation and systemization of public roads.

Authority to designate roads and delineate rights-of-way for proposed roads of the State Highway System; procedure for redesignation or relocation of such roads.

Interstate highways; designation. Completion of interstate highway system. Functional classification of roads; designa-

tion of state and local responsibilities. Arterial roads which are municipal con

necting links or feeder roads; penalties for traffic violations.

Access roads to the state park system. Pedestrian walkways and fishing walks or

bays; authority to construct. Bicycle and pedestrian ways along state

roads and transportation facilities. Sufficiency rating system for roads on

State Highway System. Safety inspection of bridges. Uniform minimum standards for design,

construction, and maintenance; advisory committees.

Erection and maintenance of traffic and directional signs; uniform sign system.

Blue Star Memorial Highway designation. Everglades Parkway scenic highway. Regulation of vehicles operating on, certain

uses of, and certain traffic on State Highway System; civil liability for damage to system road.

Determination of speed. Vehicle size and weight controlled. Regulation of advertising signs. Traffic control devices on State Highway

System or State Park Road System; speed limit signs.

Regulation of railway-highway crossings; elimination of hazards.

General motorist services signs, fee schedules.

Detour roads. Wayside parks and access roads to public

waters. Welcome stations. State highway construction; means of noise

abatement.

523


335.18 Regulation of connections to roads on State Highway System.

335.01 Designation and systemization of public roads.-

(1) All roads which are open and available for use by the public and dedicated to the public use, according to law or by prescription, are hereby declared to be, and are established as, public roads.

(2) Public roads shall be divided into four sys-tems:

(a) The State Highway System; (b) The State Park Road System; (c) The county road system; and (d) The city street system.

History.-s. 25, ch. 29965, 1955; s. 6, ch. 77.165; s. 31, ch. 84·309. cf.-s. 334.03 Dermitions of systems.

335.02 Authority to designate roads and delineate rights-of-way for proposed roads of the State Highway System; procedure for redesignation or relocation of such roads.-

(1) The department shall have the authority to locate and designate certain roads as part of the State Highway System and to construct and maintain them with funds available to the department. Any road when so located and designated shall become the property of the state and shall be under the jurisdiction and control of the department. Such a road may not be redesignated or relocated until after a public hearing is conducted by the department in each county affected. Reasonable notice of the hearing shall be published in a newspaper of general circulation in such county 14 days prior to the hearing in addition to any other notice required by law. Any interested party shall have the opportunity to be heard either in person or by counsel and to introduce testimony in such person's behalf at the hearing.

(2) The department may survey and locate the line or route of any existing or proposed road or section thereof designated as part of the State Highway System. Whenever a survey and location is made and adopted by the department, a map or plat, certified by the department, shall be filed in accordance with chapter 177 in the office of the clerk of the circuit court of each county through which such road, or section thereof, will run.

(3) The Department of Transportation shall purchase all rights-of-way and may prepare maps for any roads designated as state roads in the State Highway System or the interstate system. Any such maps shall delineate the limits of proposed rights-of-way for the eventual widening of an existing road or shall delineate the limits of proposed rights-of-way for the initial construction of a road. Before approving or disapproving such map, the appropriate local government shall advertise and hold a public hearing and shall notify all affected property owners of record, as recorded in the property appraiser's office, by mail at least 20 days prior to the date set for the hearing. If the map is approved by the appropriate local governmental authority, the circuit court clerk of a county shall forthwith record the map in the public land records of the county. Upon recording, such map shall establish:

(a) A building setback line from the centerline of any road existing as of the date of such recording,

and no permits shall be granted by the appropriate governmental authority for new construction of any type or for renovations of existing commercial structures that exceed 20 percent of the appraised value of the structure. No restriction shall be placed on the renovation or improvement of existing residential structures, as long as they continue to be used as private residences.

(b) An area of proposed highway construction within which permits for new construction shall not issue for a period of 5 years from the date of recording such a map.

(4) Upon petition by an affected property owner alleging that such property regulation is unreasonable or arbitrary and its effect is to deny a substantial portion of the ·beneficial use of such property, the Department of Transportation shall hold an administrative hearing in accordance with the provisions of chapter 120. When such a hearing results in an order finding in favor of the petitioning property owner, the department shall have 90 days from the date of such order to acquire such property or file appropriate proceedings. Appellate review by either party may be resorted to, but shall not affect the 90-day limitation when such appeal is taken by the department unless execution of such order is stayed by the appellate court having jurisdiction . . Upon failure by the department to acquire such property or initiate acquisition proceedings, the appropriate local governmental authority may issue any permit in accordance with its established procedures.

Hiatory.-s. 26, ch. 29965, 1955; s. 1, ch. 59·224; 88. 23, 35, ch. 69·106; 8.1, ch. 69.188; 8. 2, ch. 77·416; 8. 56, ch. 78·95; 8.137, ch. 79·400; 8. 32, ch. 84·309. cf.-s. 335.06 State Park Road System.

335.03 Interstate highways; designation. -The department shall recommend to the Federal Government, as appropriate, routes of the national system of interstate highways.

History.-8. 27, ch. 29965,1955; 8.1, ch. 57·65; 88.23,35, ch. 69·106; 8. 33, ch. 84·309.

335.035 Completion of interstate highway system.-

(1) The department shall complete the construction of the interstate highway system expeditiously.

(2) The department shall repay to the General Revenue Fund any funds which are appropriated from that fund for interstate highway purposes less the amount subsequently reappropriated by the Legislature for the 1979 Special Appropriatio~ Program. No general revenue funds appropriated for interstate highway purposes may be expended until an agreement has been signed with the Federal Government, providing for reimbursement of such funds on a 90-10 matching basis. Full repayment of the general revenue funds shall be made upon completion of the interstate highway system in this state.

(3) In order to facilitate the ability of the department to fully commit each year's federal interstate apportionment to the 'Accelerated Construction of Interstate (ACI) Program projects during the federal fiscal year, the department is authorized to maximize interstate contractual lettings by utilizing revenues in the ACI Revolving Trust Fund. . (4) In order to accelerate the completion of the National System of Interstate and Defense Highways, the Division of Bond Finance is authorized to

524


issue federal revenue anticipation bonds or notes of the state on behalf of the department. The proceeds of such bonds or notes shall be applied by the department to pay that part of the cost of any federal-aid interstate highway which is to be reimbursed or repaid to the state by the Federal Government. The bonds or notes shall be payable as to principal and interest from all funds certified by the Comptroller as being due and payable from the Federal Government to the state pursuant to the Federal Highway Act of 1956, as amended, or from the proceeds of such bonds or notes or the investment earnings thereon, provided that at no time shall the aggregate debt service and redemption premium, if any, exceed 75 percent of such funds so certified. In his certification of federal-aid highway funds due to the state, the Comptroller shall include only those funds authorized for apportionment or allocation and shall not include funds, authorized or unauthorized, requiring additional congressional action to establish the timing or basis of distribution to the states. The provisions of ss. 215.57-215.83 apply to the bonds or notes authorized by this subsection. Before the issuance of any bonds or notes in accordance with this subsection, the department shall provide to the satisfaction of the Division of Bond Finance the following:

(a) An analysis of the public benefits to be derived from the accelerated construction of the interstate project to be financed from the proceeds of such bonds;

(b) A projection of all costs attributable to the proposed bond sale and the ensuing project;

(c) A projection of all federal reimbursements for the interstate project and investment earnings from the bond proceeds; and

(d) A projection of the net public benefits to be realized from acceleration of the project.

HiatorY.-88. 1,2, ch. 73-309; s. 2, ch. 75-283; s. I , ch. 79-586; s. I, ch. 84-289; s. 34, ch. 84-309.

road has changed function, it shall within 30 days notify the affected governmental entities in writing. A transfer of responsibility between governmental entities as the result of functional classification requirements shall be accomplished on a schedule mutually agreed upon by such governmental entities; however, such transfer shall occur no later than 3 years after the date the governmental entities are notified.

3. Any road for which responsibility is being transferred from the department to a county or municipality shall be brought to a physical condition commensurate with contemporary roads of like age and existing functional classification within that county or municipality. Any bridge for which responsibility is being transferred from the department to a county or municipality and which has a projected life expectancy, as determined by the latest department "Structural Inventory and Appraisal Report," of less than 10 years may not be transferred until rehabilitation or reconstruction of that bridge has been performed at the expense of the state to ensure a 10-year life expectancy subsequent to the date of transfer. Prior to the transfer of a road or bridge from the department to the county or municipality, the department shall notify such county or municipality of the pending transfer by certified mail, return receipt requested. The county or municipality shall have 30 days after receipt of such notice to file an objection with the department concerning the physical condition of the road or the life expectancy of the bridge to be transferred. If no objection is received by the department, the road or bridge shall be transferred. If an objection is received and the department and the county or municipality are unable to agree on the physical condition ofthe road or on the life expectancy of the bridge, either party shall have the right to administrative and judicial review as provided in chapter 120. The requirement relating to the physical condition of roads at the time of transfer may be waived upon mutual consent.

4. After July I, 1982, the department, if requested by cities or counties, shall, within a reasonable period not to exceed 1 year, perform functional evalua-

335.04 Functional classification of roads; tions of specific roads utilizing the criteria referred to designation of state and local responsibilities.- in this subsection, and the transfers resulting from

'Note.-The official name of the program cited is "Advance Construction Program-Interstate." See U.S. Department of Tr8D8portation, Federal Highway Administration, Federal-Aid Highway Program Manual, v. 6, ch. 3, s. 2(7)3.


(1)(a) The department has the responsibility of such evaluations shall be accomplished as provided data collection for planning and functional classifica- in this subsection. tion purposes and shall evaluate and functionally 5. Each year the department shall publish a reclassify all the public roads in the state. Each road port summarizing all such classification changes in shall be assigned to the appropriate public road sys- that year and shall deliver such report to the Presitem, as defined in s. 334.03, on the basis of its func- dent of the Senate and the Speaker of the House of tional classification. Representatives by February 1.

(b)1. Beginning July I, 1982, the department (c) Those roads which were to be transferred shall evaluate and classify every public road at least from the state to the counties under the functional once every 5 years. The functional evaluations shall classification plan adopted by the department in consider the character of service of the roads in rela- 1977 in accordance with chapter 77-165, Laws of tion to the total public road system, including traffic Florida, and which were to be resurfaced by the devolume, route length, truck volumes, mobility, land partment prior to transfer may not be transferred access, and other significant factors. The factors from the State Highway System until the required which are used in such evaluations shall include, but resurfacing is completed. Prior to the department's not be limited to, quantitative criteria and shall be resurfacing such roads, the governing body of the adopted by rule pursuant to chapter 120. The depart- county must certify that it has the financial ability to ment shall hold a public hearing in the county affect- maintain the road. If the department and county are ed as an integral part of its evaluation procedures in unable to agree on the financial ability of the county, order to receive public input prior to making any fi- the county shall have the right to administrative and nal determination of classification. judicial review as provided in chapter 120. In deter-

2. When the department determines that a public mining the ability of the county to maintain the road,

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the hearing officer or court shall consider whether the county has imposed the taxes as provided in ss. 336.021 and 336.025, and the level of ad valorem property taxes imposed by the county for transportation purposes. In the event it is determined that the county does not have the financial ability to maintain the road, the department shall continue the maintenance of the road if it serves a significant interregional benefit to the State Highway System and the department receives a specific legislative appropriation for maintenance of such road. However, this provision does not apply to any road on the existing secondary system as of July. 1, 1977. All obligations of the department, a county, or a city, under any maintenance, utility, or railroad crossing agreement or other such agreement, relating to any specific road to be t ransferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility.

(2) The department and local governmental entities shall have the responsibility for the operation and maintenance of the roads under their respective jurisdictions, except as otherwise provided by law. The responsibility of a county for the operation and maintenance of any roads under its jurisdiction that extend into and through any incorporated area is limited to the roadbed, curbs, culverts, drains, and other drainage appurtenances and does not include sidewalks and any other ways in existence at the time of transfer that are open to the public within the rightof-way of the road. The department and local governmental entities may enter into such agreements as are deemed necessary and convenient for the proper exercise of their responsibilities provided herein; however, the department shall not maintain any facilities which are located off the State Highway System.

(3) Local governmental entities shall sign an agreement with the department which requires them to maintain in accordance with written federal standards any road or portion thereof under their respective jurisdiction which was constructed with federal assistance and is located on a federal-aid system.

(4) Any toll facility administered by the department shall remain under department administration pursuant to the terms of the trust indenture. Toll facilities administered by cities or counties shall be transferred to another jurisdiction only upon mutual agreement of the concerned parties.

(5) The department shall establish and distribute to local jurisdictions quantitative parameters as may apply to "arterial roads" within the definition established by s. 334.03(1).

(6) If, as a result of the functional classification of a road pursuant to this section, a municipality would otherwise be required to assume the operation and maintenance responsibility of a mechanically operated bridge over the Florida Intracoastal Waterway in addition to the road attendant to such bridge, and if, prior to such functional classification, the bridge had been constructed, operated, and maintained with funds of a governmental entity other than that municipality, then the bridge and roadway shall continue to be operated and maintained by, and be within the jurisdiction of, that governmental entity. Further, the provisions of this subsection shall be applicable to all transfers or attempted transfers of responsibility pursuant to functional classification in

accordance with this section which have occurred since January 1, 1978, or which may occur subsequent to the effective date hereof.

Hi.tory.-8. 28, ch. 29965, 1955; 8. I, ch. 57·407; 8. I, ch. 59·165; 8. I, ch. 67· 245; 8. 29, ch. 69·353; ... 23, 35, ch. 69·106; 8. I, ch. 70·446; 8. 95, ch. 71·355; ... 1, 2, ch. 72·50; 8. 7, ch. 77·165; 8. 3, ch. 77·416; 8. I, ch. 78·285; 8. 138, ch. 79·400; 8. 2, ch. 83·52; 8. I , ch. 84·291; 8. 35, ch. 84·309. cf.-8. 349.07 Jacksonville ExpreBBway as part of 8tata road 8ystem.

335.05 Arterial roads which are municipal connecting links or feeder roads; penalties for traffic violations.-[Repealed by s. 36, ch. 84-309.]

335.06 Access roads to the state park system.-Any road which provides access to property within the state park system shall be maintained by the department if the road is a part of the State Highway System or shall be maintained by the appropriate county or municipality if the road is a part of the county road system or the city street system.

HI.tory.-s. 30, ch. 29965, 1955; ... 23,25, 35, ch. 69·106; 8. 37, ch. 84·309.

335.064 Pedestrian walkways and fishing walks or bays; authority to construct.-Any state, county, or municipal agency or authority charged with the maintenance and construction of public roads and bridges is authorized to construct and maintain pedestrian walkways, fishing walks, or fishing bays on public bridges under its jurisdiction whenever it is deemed necessary to do so in the interest of safety.

Hi.tory.-8. 4, ch. 84·309. Note.-Created from former 8. 339.27(5), F.S. '83.

335.065 Bicycle and pedestrian ways along state roads and transportation facilities.-

(l)(a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into state, regional, and local transportation plans and programs. Bicycle and pedestrian ways shall be established in conjunction with the construction, reconstruction, or other change of any state transportation facility, and special emphasis shall be given to projects in or within 5 miles of an urban area.

(b) Notwithstanding the provisions of paragraph (a), bicycle and pedestrian ways are not required to be established:

1. Where their establishment would be contrary to public safety;

2. When the cost would be excessively disproportionate to the need or probable use;

3. Where other available means or factors indicate an absence of need.

(2) The department shall establish construction standards and a uniform system of signing for bicycle and pedestrian ways.

(3) The department, in cooperation with the Department of Natural Resources, shall establish a statewide integrated system of bicycle and pedestrian ways in such a manner as to take full advantage of any such ways which are maintained by any governmental entity. For the purposes of this section, bicycle facilities may be established as part of or separate from the actual roadway and may utilize existing road rights-of-way or other rights-of-way or easements acquired for public use.

Hi.tory.-ss. I, 2, 4, 5, ch. 73·339; s. 5, ch. 84·284; 8. 38, ch. 84·309.

526


335.07 Sufficiency rating system for roads on State Highway System.-

(1) The department shall adopt a sufficiency rating system for roads on the State Highway System.

(2) Such system shall include, but shall not be limited to, the consideration of the following factors:

(a) Structural adequacy; (b) Safety; and (c) Service. (3) The determination of rating, at a minimum,

shall take into consideration the volume of traffic using the roads and the minimum engineering standards required to safely accommodate such volume of traffic; the age of the roads; the width of pavement and shoulders; the number and degree of curves, both horizontal and vertical; ridability; and maintenance economy.

Hi.tory.-8. 31, ch. 29965, 1955; 88. 23, 35, ch. 69-106; 8. 39, ch. 84-309.

335.074 Safety inspection of bridges.-(1) Those bridges having an opening measured

along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches or extreme ends of openings for multiple box-es and those bridges consisting of multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening are subject to inspection in accordance with the provisions of this section.

(2) At regular intervals not to exceed 2 years, each bridge on a public transportation facility shall be inspected for structural soundness and safety for the passage of traffic on such bridge. The thoroughness with which bridges are to be inspected shall depend on such factors as age, traffic characteristics, state of maintenance, and known deficiencies. The governmental entity having maintenance responsibility for any such bridge shall be responsible for having inspections performed and reports prepared in accordance with the provisions contained herein.

(3)(a) Each bridge inspection required by subsection (2) shall be performed by an inspector who is qualified, as prescribed in subsection (4), who shall determine the load-carrying capacity and safety condition of the bridge.

(b) Each inspection shall be reported on a format designated by the department and forwarded to the department. A copy of such report shall also be provided to the local governmental entities in lthe jurisdictions of which the bridge is located. Data on a newly completed structure, or on any modification of an existing structure, which would alter previously submitted data on any inspection report shall be submitted to the department and the appropriate local governmental entities within 90 days of completion of the new construction or modification by the governmental entity having maintenance responsibility.

(c) The department shall maintain an inventory of bridges and appropriate records on the inspections of such bridges reported pursuant to this section.

(4)(a) An individual who inspects bridges and completes reports required by this section must possess the following minimum qualifications:

1. Be a registered professional engineer with expertise in civil engineering; or

2. Have a minimum of 5 years' experience in bridge construction or maintenance inspection as-

signments in a responsible capacity and have completed a comprehensive training course approved by the department.

(b) An individual who executes reports required by this section shall be a registered professional engineer.

(5) On or before November 1 of each evennumbered year, the department shall prepare a report of its findings with respect to each such bridge or other structure whereon significant structural deficiencies were discovered and file such report with the Governor and the presiding officer of each house of the Legislature_ A copy of the report shall be furnished by the department to each member of the Legislature requesting it.

Hi.tory.-88. 1, 2, 3, ch. 69-271; 88. 23, 35, ch. 69-106; s. 1, ch. 75-137; 8. 1, ch. 77·174; 8. 40, ch. 84-309.

• N ote.-The words "the jurisdictions of" were inserted by the editors. Note.-Former 8. 338.071.

335.075 Uniform minimum standards for design, construction, and maintenance; advisory committees.-[Amended and transferred to s. 336.045 by s_ 1, ch. 84-151, and s. 69, ch. 84-309.]

335.09 Erection and maintenance of traffic and directional signs; uniform sign system. -The department shall erect and maintain signs for the regulation of traffic, including signs indicating the distance between cities and towns, historical points of interest, and the numbers assigned to each road on the State Highway System. Such sign system shall conform to the department's uniform system of traffic control devices as adopted by the American Association of State Highway and Transportation Officials.

Hi.tory.-8. 33, ch. 29965, 1955; 8.2, ch. 59-96; 88. 23, 35, ch. 69-106; 8. 42, ch. 84-309.

335.091 Blue Star Memorial Highway designation.-

(1) The head of the department, in cooperation with the Florida Federation of Garden Clubs, Inc., is authorized to designate certain roads in this state as Blue Star Memorial highways in honor of those individuals who have served or are serving in the Armed Forces of the United States.

(2) It is the duty of the executive board of the Florida Federation of Garden Clubs, Inc., to submit to the head of the department routes on certain roads in the state for designation as Blue Star Memorial highways_ Upon designation of a route as a "Blue Star Memorial Highway," any member club of the Florida Federation of Garden Clubs, Inc., may, with the advice, cooperation, and approval of the department, erect suitable markers and beautify such memorial highway.

(3) The department shall file with the Department of State a record of such roads so designated as Blue Star Memorial highways.

Hi.tory.-88. 1, 2, 3, ch. 59-77; 8. 5, ch. 67-461; 88.10,23,35, ch. 69-106; 8. 43, ch. 84-309.

335.092 Everglades Parkway scenic high-way.-

(1) The following terms, when used in this section, have the meanings ascribed herein:

(a) "Parkway" means the Everglades Parkway,

527


which is a portion of State Road 84 commonly known as "Alligator Alley," in Collier and Broward Counties.

(b) "Owner" means a person or legal entity vested with title to an advertising structure or advertising sign.

(c) "Advertisement," "advertising structure," "advertising sign," "state," "highway," "post," "real property," and "adjacent" mean the same as are defined or hereafter are defined by s. 479.01.

(2) The Everglades Parkway is designated and declared to be an official scenic highway of the state. No advertising sign shall be erected or maintained within 500 feet of either side of the right-of-way of the parkway situate between the easternmost and westernmost tollgates, with the following exceptions:

(a) Official road signs erected by the department or erected by a political subdivision of the state.

(b) Signs advertising the sale or lease of the property upon which they are located, if they do not exceed 4 square feet in area.

(c) Signs advertising only the name or nature of the business being conducted on, or the products, facilities, goods or services being sold, supplied, or distributed on or from, the premises on which the signs are located, if such signs are within 500 feet of such business.

(d) Signs erected and maintained by a public utility for the purpose of giving warning of the location of an underground cable or other installation.

(3)(a) Any advertisement which is constructed, erected, operated, used, maintained, posted, or displayed in violation of this section is declared to be a public and private nuisance and shall be forthwith removed, obliterated, or abated by the secretary or his representatives; and for that purpose they may enter upon private property without incurring any liability therefor.

(b) Any person who violates any provision of this section, whether as principal, agent, or employee, for which violation no other penalty is prescribed, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10 or more than $300. Such person shall be deemed guilty of a separate offense for each month during any portion of which any violation of this section is committed, continued, or permitted. The existence of any advertising copy or any outdoor advertising structure, outdoor advertising sign, or advertisement shall constitute prima facie evidence that the outdoor advertising sign or advertisement was constructed, erected, operated, used, maintained, or displayed with the consent and approval and under the authority of the person whose goods or services are advertised thereon.

(4) Wherever the provisions of this section are inconsistent with the provisions of chapter 479, the provisions of this section shall prevail except when otherwise specifically provided in this section.

HI.tory.-88. 1, 2, 3, 4, ch. 69-371; 88. 23, 35, ch. 69-106; 8. 23, ch. 84-227; 8. 44, ch. 84-309.

335.10 Regulation of vehicles operating on, certain uses of, and certain traffic on State Highway System; civil liability for damage to system road.-

(1) The department shall prescribe regulations for vehicles operating on the State Highway System.

At least 14 days prior to implementation of such regulations, notice of such regulations shall be provided in writing by certified mail, return receipt requested, to each local governmental entity where such regulations will be applicable.

(2) The department shall prohibit any use of, and any traffic on, the State Highway System that might damage or destroy the same.

(3) Any person is civilly liable to the department for the actual damage to a road in such system by reason of his wrongful act; such damage may be recovered by suit and, when collected, shall be paid into the State Treasury to the credit of the State Transportation Trust Fund.

HI.tory.-8. 34, ch. 29965, 1955; 8. 2, ch. 61·119; 88. 23, 35, ch. 69-106; 88. 2, 3, eh. 73-57; 8. 45, ch. 84-309.

335.11 Determination of speed.-[Repealed by s. 47, ch. 84-309.]

335.12 Vehicle size and weight controlled. -[Repealed by s. 48, ch. 84-309.]

335.13 Regulation of advertising signs. -[Amended by s. 49, ch. 84-309, and transferred to s. 337.407.]

335.14 Traffic control devices on State Highway System or State Park Road System; speed limit signs.-

(1) All traffic control devices installed on any road on the State Highway System or State Park Road System shall conform to the uniform system of traffic control devices adopted pursuant to s. 316.0745. No such device shall be installed on the State Highway System without the approval of the department and, if the road is a federal-aid road, the additional concurrence of the Federal Highway Administration. Any such device that is installed without such approval may be removed without payment to the owner if, upon request by the department, the owner refuses to remove such device.

(2) Subject to approval by the Federal Highway Administration, all new or replacement speed limit signs erected by the department shall show the legal speed limit both in miles per hour and in kilometers per hour.

HI8tory.-8. 38, eh. 29965, 1955; 8. 13, ch. 57-318; 88. 23, 35, ch. 69-106; 8. 1, eh. 82-94; 8. 50, eh. 84-309.

335.141 Regulation of railway-highway crossings; elimination of hazards.-

(l)(a) The department shall have regulatory authority over all public railroad crossings in the state, including the authority to issue permits for the opening and closing of such crossings.

(b) For the purposes of this section, a "public railroad crossing" is defined as any crossing which is open for use by the general public without distinction.

(2)(a) The department, in cooperation with the several railroad companies operating in the state, shall develop and adopt a program for the expenditure of funds available for the construction of projects for the elimination of the hazards of railwayhighway crossings.

(b) Every railroad company maintaining a rail-

528


way-highway crossing shall, upon reasonable notice from the department, install, maintain, and operate at such crossing an automatic flashing-light signal and ringing bell, the design of which shall be approved by the department, so that it will give to the users of such highway reasonable warning of the approach of trains or cars on the tracks of such railroad company. The cost of such signals and the expense of installation shall be paid from the funds described in paragraph (a).

(c) Any public railroad crossing opened prior to July 1, 1972, shall be maintained by the railroad company at its own expense, unless the maintenance has been provided for in another manner by contractual agreement entered into prior to October 1, 1982. If the railroad company fails to maintain the crossing, the unit of local government with jurisdiction over the public road that is crossed, after notifying the railroad company of the needed repairs and after giving the company 30 days after the date ' of receipt of the notice to make the repairs, shall proceed to make the repairs. The cost of repairs shall thereupon become a lien upon the railroad and its rolling stock, which lien shall be enforceable by an ordinary suit at law. Any judgment rendered under this paragraph shall include a reasonable attorney's fee.

(3) The department is authorized to regulate the speed limits of railroad traffic on a municipal, county, regional, or statewide basis.

(4) Jurisdiction to enforce rules so adopted shall be as provided in s. 316.640, and any penalty for violation thereof shall be imposed upon the railroad company. Nothing herein shall prevent a local governmental entity from passing an ordinance relating to the blocking of a crossing.

Hlstory.-8. 131, ch. 29965, 1955; 8. 1, ch. 63-88; 88. 23, 35, ch. 69-106; 8. 1, ch. 72-165; 8. 49, ch. 76-31; 8. 56, ch. 78-95; 8. 2, ch. 82-90; 8. 51, ch. 84-309.

Note.-Former 8. 338.21. cf.-8. 351.37 Jurisdiction over railroad safety.

335.145 General motorist services signs, fee schedules.-[Amended and transferred to s. 338.065 by s. 178, ch. 84-309.]

335.15 Detour roads.-(1) Whenever any road or structure on the State

Highway System is repaired, reconstructed, relocated, or otherwise altered in such a manner as necessitates the closing of such road or structure to use by the public, the department shall provide a detour road to afford a safe means of travel around such road or structure so closed. The department may use any other existing road as a part of such detour road. However, the department shall give prior notice to the local governmental entity within which any such alternate road is located. The length of the detour route shall be as short as is practicable.

(2) Subsection (1) shall not be construed to prevent the department from adopting rules for one-way travel for a distance not in excess of 1 mile.

(3) This section is applicable in every case, whether the work provided for in subsection (1) is done by the department or at its direction or under its supervision.

(4)(a) This section does not apply if its application would be contrary to the regulations or require-

ments of any federal agency providing all or a part of the funds for any such work.

(b) This section does not apply in any case of emergency highway work caused by act of God or other sudden, unexpected event.

(5) Whenever a temporary detour is necessary to bypass a bridge on the State Highway System due to accident, unforeseen failure of equipment, or emergency traffic stoppage and the only available detour is over a toll facility, the department is authorized to pay to the appropriate authority the tolls that would normally have been collected.

History.-1!. 39, ch. 29965, 1955; 88. 23, 35, ch. 69-106; 8. 2, ch. 82-94; 8. 55, ch. 84-309.

335.16 Wayside parks and access roads to public waters.-

(1) The department is authorized to expend state funds, as designated, for the establishment of, the acquisition of rights-of-way for, the construction of, the reconstruction of, and the maintenance of wayside parks, boat ramps and other park facilities on and near the edge of public waters or along the State Highway System, and access roads which extend from a state road to such facilities which are contiguous to the state road. Any rights-of-way needed may be acquired by gift, exchange, or purchase, but not by condemnation.

(2) Such access roads leading to public waters, as described in subsection (1), shall be included in the appropriate public road system as determined by the department.

Hlstory.-1!. 40, ch. 29965, 1955; 8. 1, ch. 59-227; 88. 23,35, ch. 69-106; 8. 56, ch. 84-309.

335.165 Welcome stations.-(1) When funds are needed for welcome stations,

the cost of such improvements shall be budgeted by the Department of Commerce and be subject to legislative approval and appropriation from the proper fund.

(2) Such improvements as provided in subsection (1) shall be made by the Department of Transportation, or pursuant to contract under its supervision, at the expense of the Department of Commerce on the basis of the cost of such improvements.

Hlstory.-8. 57, ch. 84-309.

335.17 State highway construction; means of noise abatement.-

(1) The department shall make use of noisecontrol methods in the construction of all new state highways, with particular emphasis on those · highways located in or near urban-residential developments which abut such highway rights-of-way.

(2) The department may use natural or artificial means of abating highway-related noise, but shall make maximum feasible use of vegetative barriers for such purpose. Vegetative noise control includes, but is not limited to, the following types of vegetation: trees, shrubs, grasses, and other plants of any species. Consideration shall be given not only to the physical reduction of noise experienced through the use of vegetative barriers, but also to aesthetics, the psychological effects on roadside residents, and the cost savings realized from the reduction of roadside mainte-

529


nance requirements due to the planting of vegetation within highway rights-of-way.

(3) The department shall consult and cooperate with the Department of Agriculture and Consumer Services and the Department of Environmental Regulation in its study and use of vegetative barriers for highway noise abatement and the Department of Agriculture and Consumer Services and the Department of Environmental Regulation shall likewise cooperate with and assist the department.

(4) The department shall, when feasible, expend the maximum amount of federal funds provided for new highway construction for the purpose of carrying out the provisions of this section.

Hi.tory.-8. I, ch. 74-371; s. 29, ch. 79-65; s. 58, ch_ 84-309.

335.18 Regulation of connections to roads on State Highway System.-

(1) The department shall regulate connections to roads on the State Highway System, as such connections are a significant contributor to vehicular accidents, congestion, and reduction in traffic-carrying capacity. If the traffic patterns, points of connection, roadway geometrics, or traffic control devices cause undue disruption of traffic or create safety hazards at existing connections, or are expected to cause such disruption or hazards at proposed connections, the department has the authority to deny the permit authorized in subsection (3) or to require redesign of a proposed connection at a specific location or redesign of an existing connection.

(2) The rules of the department shall provide for the regulation of connections, which rules shall be based on immediate and anticipated traffic volumes and shall provide for location standards, safety factors, design and construction standards, traffic control devices, and effective maintenance of the roads.

(3) A permit from the department is required prior to the construction or alteration of any connection. The department has the authority to deny access to a road on the State Highway System at the location specified in the permit if the permittee fails to construct or alter the connection in accordance with the permit requirements.

(4) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations made at the request of and for the convenience of the department. The permittee, however, shall bear the cost of alteration of any connection which is required by the department due to increased or altered traffic flows generated by changes made by the permittee in the facilities or nature of business conducted at the location specified in the permit.

(5) As used in this section, the term "connections" means driveways, streets, turnouts, or other means of providing for movement of vehicles to or from roads on the State Highway System.

Hi.tory.-s. I, ch. 75-157; s. 59, ch. 84-309.

CHAPTER 336

336.01 336.02 336.022

336.023

336.024 336.025

336.03 336.04

336.045

336.05 336.06

336.08 336.14 336.15

336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23

336.24

336.25 336.26 336.27

336.28

336.29

336.30

336.31

336.32

336.33

336.34

336.35

336.36 336.37

336.38 336.39 336.40

336.42

530

COUNTY ROAD SYSTEM

Designation of county road system. Responsibility for county road system. County transportation trust fund; controls

and administrative remedies. Use by counties of the surplus from the

constitutional gas tax. Distribution of constitutional gas tax. County transportation system; levy of local

option gas tax on motor fuel and special fuel.

County engineer; qualifications. Superintendent of county roads; duties and

compensation. Uniform minimum standards for design,

construction, and maintenance; advisory committees.

Naming of county roads; recording. Signboards to be placed at public road

crossings. Relocation or change of roads. County road districts. Special tax road districts; establishment;

election. Notice of election to be published. Ballot. Commissioners to canvass returns. Qualification of electors. Elections held biennially. Districts to continue until abolished. Election governed by general election laws. Control of roads in special tax road dis-

tricts. Trustees to have supervision of all district

roads. Duty of trustees. Trustees a corporation. Bridge approaches; special powers of bond

trustees in small counties. County special road and bridge districts;

establishing procedure. Commissioners to order election; qualifica

tion of electors. Notice of election; laws applicable; ap

pointment of inspectors; certification conclusive.

Election limitation; order creating district; use of special taxes; bond election required.

Prospective and retroactive validation of districts.

Advertising for bids; awarding contracts; provisos.

Supervision of construction under commissioners; condemning land and material for work; roads in municipalities.

Construction of additional roads and bridges.

Abolition of districts; restriction. Special road, bridge, and ferry districts; pe-

tition; law applicable. Election to be called. Contracts for ferries; bids; bonding. County commissioners may acquire neces-

sary materials; procedure. County convicts may be put to labor.


336.43 336.45

336.46

336.467

336.47

336.48 336.49

336.50

336.505

336.51 336.52 336.53

336.54 336.55

336.56 336.57

336.58 336.59

336.60 336.61 336.62

336.63 336.64 336.65

336.66 336.67

Counties; guards for convicts. Counties; joint construction of bridges with

railroads. County commissioners, power of eminent

domain; purchase agreements; payment. County-state right-of-way acquisition

agreements. County bridges, authority to construct, ac

quire; joint bridges; double-decking bridges.

County bridges built under special law. Counties; special road and bridge district

bonds. Assessment of tax for sinking fund and in

terest. Default in bonds or interest coupons issued

by special road and bridge district; receivership; bondholder claims.

Use of surplus of proceeds of bonds. Time warrants. Payments for construction by special road

and bridge tax; issuing warrants; amounts of warrants.

Annual assessment and collection of taxes. Method of assessment, equalization, and

collection of taxes. Special maintenance tax. Proportion of general tax to special dis

trict. Validation of bonds. Levy of tax for road and bridge purposes;

proportion to municipalities. Gates across county roads; permit. Definitions. Alternative method of establishing special

road and bridge districts. District board; powers. Special road tax. Repair and maintenance of roads and brid

ges; special assessment. Method of abolition of district. Provisions of sections applicable.

'336.01 Designation of county road system. -The county road system shall be as defined in s. 334.03(6).

History.-B. 41, ch. 29965, 1955; B. 10, cb. 77·165. ' Note.-RepubliBbed by tbe editors to change tbe crOBS·reference to agree

witb the renumbering of the Bubunits of B. 334.03 as a reeult of ch. 84·309.

336.02 Responsibility for county road system.- The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties, and they may establish new roads and change and discontinue old roads and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties.

History.-B. 42, cb. 29965, 1955; B. 1, ch. 57·776; B. 61, cb. 84·309. cf.-B. 861.11 Width of county r08dB.

336.022 County transportation trust fund; controls and administrative remedies.-[Transferred from s. 339.083 by s. 63, ch. 84-309.]

'336.023 Use by counties of the surplus from the constitutional gas tax.-

(1) Any county which has agreed prior to July 1, 1977, by resolution, to use the surplus of the constitutional gas tax to provide a connecting road to a planned interchange on the interstate system shall provide such connecting road.

(2) Any surplus which is not otherwise used to provide connecting roads pursuant to subsection (1) shall be used on any road in the county at the discretion of the county governing body.

History.-B. 9, cb. 77·165; B. 2, cb. 79·357; B. 41, cb. 83·3; s. 84, cb. 84·309. 'Note.-Altbough s. 84, cb. 84·309, purports only to transfer s. 339.089 to s.

336.023, tbe text contains an amendment, whicb is also included bere. Note.-Former s. 339.089.

336.024 Distribution of constitutional gas tax.-Effective July 1, 1983, the State Board of Administration shall assume the responsibility for distribution of the counties' 80-percent share of the constitutional gas tax in the same manner as the 20-percent share is currently distributed pursuant to s. 206.47; however, the State Board of Administration shall assure that county funds are made available to the department to be held in escrow for any construction underway on behalf of the county pursuant to resolution of the county governing body.

History.-8. 65, cb. 84·309.

336.025 County transportation system; levy of local option gas tax on motor fuel and special fuel.-

(l)(a) In addition to other taxes allowed by law, there may be imposed as provided herein a I-cent, 2-cent, 3-cent, or 4-cent local option gas tax upon every gallon of motor fuel and special fuel sold in a county and taxed under the provisions of chapter 206.

(b) The tax shall be imposed effective September 1 of any year for a period not to exceed 10 years, and the applicable method of distribution shall be established pursuant to subsection (3) or subsection (4). Upon expiration, the tax may be reimposed provided that a redetermination of the method of distribution is made as provided herein.

(c) County and municipal governments shall utilize moneys received pursuant to this section only for transportation expenditures.

'(2)(a) The tax shall be collected in the same manner as all other gas taxes pursuant to chapter 206 and shall be distributed monthly. The tax collected by the Department of Revenue pursuant to this section shall be transferred to the Local Option Gas Tax Trust Fund, which fund is created for distribution to the county and eligible municipal governments within the county in which the tax was collected and which fund is subject to the service charge imposed in chapter 215. The department has the authority to prescribe and publish all forms upon which reports shall be made to it and other forms and records deemed to be necessary for proper administration and collection of the tax and shall promulgate such rules as may be necessary for the enforcement of this section. The sections of chapter 206, including, but not limited to, those sections relating to timely filing of reports and tax collected, suits for collection of unpaid taxes, department warrants for collection of unpaid taxes, penalties, interest, retention of records, inspection of records, liens on property, foreclosure,

531


and enforcement and collection also apply to the tax authorized in this section.

(b) The provisions for refund provided in ss. 206.625 and 206.64 are not applicable to such tax levied by any county. The provisions for refund in s. 212.67(I)(a) and (e) apply to such tax, and the refund shall be administered in accordance with the provisions of s. 212.67. However, the amount refunded shall be deducted from moneys in the Local Option Gas Tax Trust Fund otherwise distributed to the county area in which the tax is levied.

(3) The tax shall be imposed using either of the following procedures:

(a) The governing body of the county shall, by majority vote for the first 2 cents and a majorityplus-one vote for the second 2 cents, adopt an ordinance pursuant to this section in accordance with the requirements imposed under one of the following circumstances, whichever is applicable:

1. The county may, prior to July 1, establish by interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county, a distribution formula for dividing the proceeds of the tax among the county government and all eligible municipalities within the county.

2. If an interlocal agreement has not been executed pursuant to subparagraph 1., the county may, prior to July 15, adopt a resolution of intent to levy the tax allowed herein.

(b) If no interlocal agreement or resolution is adopted pursuant to subparagraph (a)1. or subparagraph (a)2., municipalities representing more than 50 percent of the county population may, prior to July 30, adopt uniform resolutions approving the local option tax, establishing the duration of the levy and the rate authorized in paragraph (l)(a), and setting the date for a countywide referendum on whether to impose the tax. A referendum shall be held in accordance with the provisions of such resolution and applicable state law, provided that the county shall bear the costs thereof. The tax shall be imposed and collected countywide on September 1 following 30 days after voter approval.

(4) If the tax is imposed under the circumstances of subparagraph (3)(a)2. or paragraph (3)(b), the proceeds of the tax shall be distributed among the county government and eligible municipalities based on the transportation expenditures of each for the 5 fiscal years preceding the year in which the tax is authorized, as a proportion of the total of such expenditures for the county and all municipalities within the county.

(5)(a) By August 15 of each year, the county shall provide the Department of Revenue with a certified

clerk of the circuit court of the county until final disposition.

(6) Only those municipalities and counties eligible for participation in the distribution of moneys under parts II and VI of chapter 218 are eligible to receive moneys under this section. Any funds otherwise undistributed because of ineligibility shall be distributed to eligible governments within the county in proportion to other moneys distributed pursuant to this section.

(7) For the purposes of this section, the term "transportation expenditures" means expenditures by the local government from local or state shared revenue sources, excluding expenditures of bond proceeds, for the following programs:

(a) Public transportation operations and maintenance.

(b) Roadway and right-of-way maintenance and equipment.

(c) Roadway and right-of-way drainage. (d) Streetlighting. (e) Traffic signs, traffic engineering, signaliza

tion, and pavement markings. (f) Bridge maintenance and operation. (g) Debt service and current expenditures for

transportation capital projects in the foregoing program areas, including construction or reconstruction of roads.

Hlatory.-s. 55, ch. 83·3; •. 6, ch. 83·136; •• 8, ch. 83·339; •. 1, ch. 84-369. 'Note.-The amendment of this subsection by s. 8 of cb. 83-339 during the

.pecial .... ion of June 15-24, 1983, failed to incorporate the amendment of the eame subeection by s. 6 of ch. 83-136 during the regular .... ion. Although the circumstance that separate .... ions were involved takes the transaction out of the operation of s. 1.04, there was no apparent legislative intent to nullify the amendment of the regular 8088ion. Therefore, the subsection as published gives full effect to both amendments. cf,-., 206.877 Motor vehicles fueled by liquefied petroleum gas or compressed

natural gas; payment of annual decal fees in lieu of tax. s. 206.879 State and local alternative fuel user fee clearing trust funds; dis

tribution. 88. 215.20, 215.22 Service charge deduction for cost of general government

paid from General Revenue Fund.

336.03 County engineer; qualifications. -The county engineer must be a registered professional engineer or engineering firm qualified to do business in this state. This does not apply to any county engineer who:

(1) Was employed on or before June 30, 1967; (2) Was employed on less than a full-time basis;

and (3) Was not employed to furnish professional en

gineering advice on road programs in the county. History.-•. 43, ch. 29965, 1955; •. 26, ch. 63-572; 88. 1, 2, ch. 67-267; s. 1, cb.

67-535; s. 1, ch. 70·253; s. 139, ch. 79-400; •. 67, ch. 84-309.

336.04 Superintendent of county roads; duties and compensation.-[Repealed by s. 68, ch. 84-309.]

copy of the interlocal agreement established under 336.045 Uniform minimum standards for desubparagraph (3)(a)1. with distribution proportions sign, construction, and maintenance; advisory established by such agreement or pursuant to subsec- committees.-tion (4), if applicable. (1) The department shall develop and adopt uni-

(b) Any dispute as to the determination by the form minimum standards and criteria for the design, county of distribution proportions shall be resolved construction, and maintenance of all public streets, through an appeal to the Administration Commission roads, highways, bridges, sidewalks, curbs and curb in accordance with procedures developed by the com- ramps, crosswalks, where feasible, bicycle ways, unmission. Pending final disposition of such proceed- derpasses, and overpasses used by the public for veing, the tax shall be collected pursuant to this 'sec- hicular and pedestrian traffic. The minimum stantion, and such funds shall be held in escrow by the dards adopted shall include a requirement that per-

532


manent curb ramps be provided at crosswalks at all intersections where curbs and sidewalks are constructed in order to give handicapped persons and persons in wheelchairs safe access to crosswalks.

1(2) An advisory committee of professional engineers employed by any city or any county in each transportation district to aid in the development of such standards shall be appointed by the head of the department. Such committee shall be composed of: one member representing an urban center within each district; one member representing a rural area within each district; one member within each district who is a professional engineer and who is not employed by any governmental agency; and one member employed by the department for each district.

(3) Notwithstanding the provisions of any general or special law to the contrary, all plans and specifications for the construction of public streets and roads by any municipality or county shall provide for permanent curb ramps at crosswalks at all intersections where curbs and sidewalks are constructed in order to give handicapped persons and persons in wheelchairs safe access to crosswalks.

(4) All design and construction plans for projects that are to become part of the county road system and are required to conform with the design and construction standards established pursuant to subsection (1) must be certified to be in substantial conformance with the standards established pursuant to subsection (1) that are then in effect by a professional engineer who is registered in this state.

Hi.tory.-8. 1, ch. 72-328; 88. 2, 3, ch. 73-58; 88. 1,2, ch. 74-242; 8. 8, ch. 77-165; 8. 1, ch. 78-398; 88. 5,6, ch. 83-52; 88. 1, 2, 3, ch. 84-151; 8. 69, ch. 84-309.

'Note.-Expires October 1, 1994, pursuant to 8. 3, ch. 84-151, and is scheduled for review pursuant to 8. 11.611 in advance of that date.


336.05 Naming of county roads; recording.(1) The commissioners are authorized to name

and rename streets and roads, except state roads designated by number by the department, lying outside the boundaries of any incorporated municipality.

(2) The commissioners are authorized to refuse to approve for recording in accordance with chapter 177 any map or plat of a subdivision when recording of such plat would result in duplication of names of streets or roads or when such plat, in the opinion of the commissioners, will not provide adequate and safe access or drainage.

Hi.tory.-s. 45, ch. 29965, 1955; 8. 2, ch. 57-776; 8. 70, ch. 84-309.

336.06 Signboards to be placed at public road crossings.-[Repealed by s. 71, ch. 84-309.]

336.08 Relocation or change of roads.-The commissioners may establish, locate, change, or discontinue public county roads by resolution.

Hi.tory.-8. 48, ch. 29965, 1955; 8. 5, ch. 57-776; s. 72, ch. 84-309.

336.14 County road districts.-[Repealed by s. 77, ch. 84-309.]

336.15 Special tax road districts; establishment; election.-[Repealed by s. 78, ch. 84-309.]

336.16 Notice of election to be published. -[Repealed by s. 79, ch. 84-309.]

336.17 Ballot.-[Repealed by s. 80, ch. 84-309.]

336.18 Commissioners to canvass returns. -[Repealed by s. 81, ch. 84-309.]

336.19 Qualification of electors.-[Repealed by s. 82, ch. 84-309.]

336.20 Elections held biennially.-[Repealed by s. 83, ch. 84-309.]

336.21 Districts to continue until abolished. -[Repealed by s. 84, ch. 84-309.]

336.22 Election governed by general election laws.-[Repealed by s. 85, ch. 84-309.]

336.23 Control of roads in special tax road districts.-[Repealed by s. 86, ch. 84-309.]

336.24 Trustees to have supervision of all district roads.-[Repealed by s. 87, ch. 84-309.]

336.25 Duty of trustees.-[Repealed by s. 88, ch. 84-309.]

336.26 Trustees a corporation.-[Repealed by s. 89, ch. 84-309.]

336.27 Bridge approaches; special powers of bond trustees in small counties.-[Repealed by s. 90, ch. 84-309.]

336.28 County special road and bridge districts; establishing procedure.-[Repealed by s. 91, ch. 84-309.]

336.29 Commissioners to order election; qualification of electors.-[Repealed by s. 92, ch. 84-309.]

336.30 Notice of election; laws applicable; appointment of inspectors; certification conclusive.-[Repealed by s. 93, ch. 84-309.]

336.31 Election limitation; order creating district; use of special taxes; bond election required.-[Repealed by s. 94, ch. 84-309.]

336.32 Prospective and retroactive validation of districts.-[Repealed by s. 95, ch. 84-309.]

336.33 Advertising for bids; awarding contracts; provisos.-[Repealed by s. 96, ch. 84-309.]

336.34 Supervision of construction under commissioners; condemning land and material for work; roads in municipalities.-[Repealed by s. 97, ch. 84-309.]

336.35 Construction of additional roads and bridges.-[Repealed by s. 98, ch. 84-309.]

533


336.36 Abolition of districts; restriction. -[Repealed by s. 99, ch. 84-309.]

336.37 Special road, bridge, and ferry districts; petition; law applicable.-[Repealed by s. 100, ch. 84-309.]

336.38 Election to be called.-[Repealed by s. 101, ch. 84-309.]

336.39 Contracts for ferries; bids; bonding. -[Repealed by s. 102, ch. 84-309.]

336.40 County commissioners may acquire necessary materials; procedure.-[Repealed by s. 103, ch. 84-309.]

336.42 County convicts may be put to labor. -[Repealed by s. 105, ch. 84-309.]

336.43 Counties; guards for convicts.-[Repealed by s. 106, ch. 84-309.]

336.45 Counties; joint construction of bridges with railroads.-[Repealed by s. 108, ch. 84-309.]

336.46 County commissioners, power of eminent domain; purchase agreements; payment. -[Repealed by s. 109, ch. 84-309.]

336.467 County-state right-of-way acquisition agreements.-A county may enter into an agreement with the department to provide for the department to acquire rights-of-way for the county, provided the highway project is to be funded by the 80-percent portion of the constitutional gas tax allocated to that county and requires the acquisition of at least 10 parcels of land, the total cost of which will equal or exceed $100,000.

History.-8. 110, ch. 84·309.

336.47 County bridges, authority to construct, acquire; joint bridges; double-decking bridges.-[Repealed by s. 111, ch. 84-309.]

336.48 County bridges built under special law.-[Repealed by s. 112, ch. 84-309.]

336.49 Counties; special road and bridge district bonds.-[Repealed by s. 113, ch. 84-309.]

336.50 Assessment of tax for sinking fund and interest.-[Repealed by s. 114, ch. 84-309.]

1336.505 Default in bonds or interest coupons issued by special road and bridge district; receivership; bondholder claims.-

(1) If any bond or interest coupon on a bond issued by a special road and bridge district is not paid within 60 days after it matures, a receiver may be appointed 2in the same manner as in s. 298.51. The qualifications, duties, and powers of the receiver shall be the same as those provided in s. 298.51. Pursuant to an order of a court of competent jurisdiction, the

receiver may, to the same extent and subject to the same limitations, levy, assess, and collect any tax or special assessment which the commissioners may levy, assess, and collect for special road and bridge district purposes.

(2) Notwithstanding the provisions of s. 197.271, if a tax deed is issued on any property within the district after a receiver has been appointed under subsection (1), the claim of a person holding a bond or interest coupon on a bond described in subsection (1) shall survive the issuance of such tax deed.

History.-s. 1, ch. 84-195. 'Note.-Section 2, ch. 84-195, provides that "[a]ny receiver appointed prior to

[June 13, 1984,] under any other provision oflaw to represent a special road and bridge district shall have the powers provided under s. 336.505 . . . ."

'N ote.-The words "in the same manner ae in" were suhetituted by the editors for the words "pursuant to."

336.51 Use of surplus of proceeds of bonds. -[Repealed by s. 115, ch. 84-309.]

336.52 Time warrants.-[Repealed by s. 116, ch. 84-309.]

336.53 Payments for construction by special road and bridge tax; issuing warrants; amounts of warrants.-[Repealed by s. 117, ch. 84-309.]

336.54 Annual assessment and collection of taxes.-[Repealed by s. 118, ch. 84-309.]

336.55 Method of assessment, equalization, and collection of taxes.-[Repealed by s. 119, ch. 84-309.]

336.56 Special maintenance tax.-[Repealed by s. 120, ch. 84-309.]

336.57 Proportion of general tax to special district.-[Repealed by s. 121, ch. 84-309.]

336.58 Validation of bonds.-[Repealed by s. 122, ch. 84-309.]

336.59 Levy of tax for road and bridge purposes; proportion to municipalities.-[Repealed by s. 123, ch. 84-309.]

336.60 Gates across county roads; permit. -[Repealed by s. 124, ch. 84-309.]

336.61 Definitions.-[Repealed by s. 125, ch. 84-309.]

336.62 Alternative method of establishing special road and bridge districts.-[Repealed by s. 126, ch. 84-309.]

336.63 District board; powers.-[Repealed by s. 127, ch. 84-309.]

336.64 Special road tax.-[Repealed by s. 128, ch. 84-309.]

336.65 Repair and maintenance of roads and

534


bridges; special assessment.-[Repealed by s. 129, ch. 84-309.]

336.66 Method of abolition of district.-At any time subsequent to the expiration of 8 years from the creation of a road and bridge district, or after completion of all improvements for which the district was originally created, whichever occurs first, the commissioners may abolish such district upon a majority vote. However, by such action, the commissioners assume all liabilities, obligations, and responsibilities of such road and bridge district.

Biatory.-s. 1, ch. 72-385; s. 1, ch. 77-327; s. 130, ch. 84-309.

336.67 Provisions of sections applicable. -[Repealed by s. 132, ch. 84-309.]

CHAPTER 337

DEPARTMENT OF TRANSPORTATION; ACQUISITION AND DISPOSAL

337.01

337.02

337.03

337.04

337.045 337.05 337.105

337.106

337.11

337.12

337.14

337.141

337.143

337.15 337.16

OF PROPERTY

Authority of department to acquire equipment.

Purchases by department subject to competitive bids; advertisement; emergency purchases; bid specifications.

Authority of department to purchase surplus properties from the Federal Government.

Unlawful for certain persons to be finan-cially interested in purchase; penalty.

Conflict of interest; solicitation prohibited. Sale of obsolescent highway equipment. Qualifications of professional consultants

and other providers of contractual services; performance bonds; exemption of price proposals from public record requirements.

Professional service providers; requirement for professional liability insurance.

Authority of department to contract; advertise for bids; make emergency repairs, supplemental agreements, and change orders; periodic payments; preservation of records.

Unlawful for certain persons to be financially interested in contracts; penalty.

Application for qualification; certificate of qualification; restrictions; request for hearing.

Payment of construction or maintenance contracts.

Adjustment of contract price for bituminous material; providing legislative intent.

Rehearing. Disqualification of delinquent contractors

from bidding; suspension and revocation of certificates of qualification; grounds; hearing.

337.164

337.165

337.17 337.18

337.185 337.19

337.20 337.21 337.22 337.241

337.25

337.26

337.27

337.271 337.272

337.274

337.28

337.29 337.32 337.33

337.34 337.401

337.402 337.403 337.404

337.405

337.406

337.407

Legislative intent with respect to integrity of public contracting process.

Contract crime; denial or revocation of a certificate of qualification.

Bid guaranty. Surety bonds; requirement with respect to

contract award; defaults; damage assessments.

State Arbitration Board. Suits by and against department; limita-

tion of actions; forum. Service of process upon department. Agency of the state. Bid specifications on supplies. Acquisition by department of rights-of-

way for roads on State Highway System; approval by local governments of maps for proposed rights-of-way; establishment of building setback lines; restrictions on issuance of development per-mits; hearings.

Acquisition, lease, and disposal of real and personal property.

Execution and effect of instruments of sale, lease, or conveyance executed by department.

Exercise of power of eminent domain by department; procedure; title; cost.

Negotiations for acquisitions. Resale of property acquired by eminent

domain upon failure to devote it to use for which condemned.

Authority of department agent or employee to enter lands, waters, and premises of another in the performance of duties.

Rights-of-way furnished by counties; eminent domain; contracts with department; bond.

Vesting of title to roads; liability for torts. State Road Arbitration Board. Qualifications of professional consultants;

finding by the department. Completion of interstate highway system. Use of right-of-way for utilities subject to

regulation; permit. Damage to public road caused by utility. Relocation of utility; expenses. Removal or relocation of utility facilities;

notice and order; court review. Trees or other vegetation within rights-of

way of State Highway System; removal or damage; penalty.

Unlawful commercial use of statemaintained road right-of-way; penalties.

Regulation of signs and lights within rights-of-way.

337.01 Authority of department to acquire equipment.-[Repealed by s. 133, ch. 84-309.]

337.02 Purchases by department subject to competitive bids; advertisement; emergency purchases; bid specifications.-

(1) No purchase of materials, machinery, tools, equipment, or supplies in excess of $5,000 shall be made by the department unless made upon competi-

535


tive bids received, after advertising therefor in a newspaper of general circulation at least once a week for no less than 2 consecutive weeks prior to the date on which bids are to be received. The department may, at its discretion, award a contract to the lowest responsible bidder, or it may reject all bids and proceed to readvertise.

(2) If the department determines that an emergency exists in regard to the purchase of materials, machinery, tools, equipment, or supplies, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, the provisions for competitive bidding do not apply; and the department may authorize or purchase such materials, machinery, tools, equipment, or supplies without giving opportunity for competitive bidding thereon. The department shall, within 10 days after such determination and purchase, file with the head of the Department of General Services a written statement of the materials, machinery, tools, equipment, or supplies purchased and a certificate as to the conditions and circumstances constituting such emergency.

(3) When the department advertises for bids on a contract for supplies, materials, equipment, or other items needed by the department, specifications shall be drafted in such manner as will afford adequate protection to the state as to quality and performance, but specifications shall not be drafted in any manner which will preclude competition in bidding.

History.-4l. 81, ch. 29965, 1955; s. 5, ch. 67-461; ... 23,35, ch. 69-106; s. 112, ch. 71-377; s. 134, ch. 84-309.

337.03 Authority of department to purchase surplus properties from the Federal Government.-

(1) The department is authorized to purchase from the Federal Government any supplies, material, equipment, appliances, or other property at such price and upon such terms as may in the judgment of the department be proper, without first advertising for bids, regardless of the value of, or the price paid for, such property; provided the price paid for such supplies, materials, equipment, appliances, or other property does not exceed the price for which such property may be purchased upon the open market.

(2) Payment of the cost of all supplies, material, equipment, appliances, or other property purchased pursuant to the authority given in subsection (1) shall be made upon vouchers issued and certified to by the department.

History.-s. 82, ch. 29965, 1955; s. 5, ch. 67-461; ... 23, 35, ch. 69-106; s. 113, ch. 71-377; s. 100, ch. 77-104; s. 135, ch. 84-309.

337.04 Unlawful for certain persons to be financially interested in purchase; penalty.-[Repealed by s. 136, ch. 84-309.]

337.045 Conflict of interest; solicitation prohibited.-[Amended and transferred to s. 334.195 by s. 25, ch. 84-309.]

337.05 Sale of obsolescent highway equipment.-[Repealed by s. 137, ch. 84-309.]

337.105 Qualifications of professional consultants and other providers of contractual ser-

vices; performance bonds; exemption of price proposals from public record requirements.-

(1) Before the employment of a professional consultant or other provider of service, the department shall make a finding that the person to be employed is fully qualified to render the desired service. Among the factors to be considered in making this finding are the professional reputation, past performance record, and experience of the candidate and the adequacy of the personnel making up his organization.

(2) For any contractual service, except a contractual service provided to the department under s. 287.055, the department may require a performance bond equal to the full contract value if such requirement is deemed to be in the best interest of the state.

(3) Any price proposal submitted by a consultant in response to a request for proposals shall be exempt from the provisions of s. 119.07(1), until a selection is made and a contract signed or until the proposals are no longer under active consideration.

History.-s. I, ch. 70-84; s. 171, ch. 84-309. Note.-Former s. 337.33.

337.106 Professional service providers; requirement for professional liability insurance. -Any person or firm rendering technical, legal, architectural, engineering, or other professional services to the department shall have and maintain during the period the services are rendered a professionalliability insurance policy or policies with a company or companies authorized to do business in the state, affording professional liability coverage for the professional services rendered, in an amount deemed sufficient by the department.

History.-s. 3, ch. 70-168; s. 138, ch. 84-309.

337.11 Authority of department to contract; advertise for bids; make emergency repairs, supplemental agreements, and change orders; periodic payments; preservation of records.-

(1) The department shall have authority to enter into contracts for the construction and maintenance of all roads designated as part of the State Highway System or the State Park Road System or of any roads placed under its supervision by law. However, no such contract shall create any third-party beneficiary rights in any person not a party to the contract.

(2) The department shall advertise for bids on all work at least once a week for no less than 2 consecutive weeks in some newspaper having a general circulation in the county where the proposed work is located. The first publication shall be no less than 14 days prior to the date on which bids are to be received, and the second publication shall be no less than 7 days prior to the date on which bids are to be received. No advertisement for bids shall be published until title to all necessary rights-of-way for the construction of the project covered by such advertisement has vested in the state for the use and benefit of the department and all railroad crossing and utility agreements have been executed. Title to all necessary rights-of-way shall be deemed to have been vested in the State of Florida when such title has been dedicated to the public or acquired by prescription.

(3) The department may award the proposed work to the lowest responsible bidder, or it may re-

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ject all bids and proceed to readvertise the work or otherwise perform the work.

(4) If the head of the department determines that an emergency in regard to the restoration or repair of any state transportation facility exists such that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, the provisions for competitive bidding do not apply; and the department may enter into contracts for restoration or repair without giving opportunity for competitive bidding on such contracts. Within 30 days after such determination and contract execution, the head of the department shall file with the Executive Office of the Governor a written statement of the conditions and circumstances constituting such emergency.

(5)(a) The department shall permit the use of written supplemental agreements and written change orders to any contract entered into by the department. Any supplemental agreement shall be reduced to written contract form, approved by the contractor's surety, and executed by the contractor and the department. Any supplemental agreement modifying any item in the original contract must be approved by the head of the department and executed by the appropriate person designated by him.

(b) Supplemental agreements shall be used to clarify the plans and specifications of a contract; to provide for major quantity differences which result in the contractor's work effort exceeding the original contract amount by more than 5 percent; to provide for unforeseen work, grade changes, or alterations in plans which could not reasonably have been contemplated or foreseen in the original plans and specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle contract claims; and to make the project functionally operational in accordance with the intent of the original contract. Supplemental agreements may be used to expand the physical limits of a project only to the extent necessary to make the project functionally operational in accordance with the intent of the original contract. The cost of any such agreement extending the physical limits of a project shall not exceed $100,000 or 10 percent of the original contract price, whichever is greater.

(c) Written change orders may be issued by the department and accepted by the contractor covering minor changes in the plans, specifications, or quantities of work within the scope of a contract, when prices for the items of work affected are previously established in the contract, but in no event may such change orders extend the physical limits of the work.

(d) For the purpose of this section, the term "physical limits" means the length or width of any project and specifically includes drainage facilities not running parallel to the project. The length and width of temporary connections affected by such supplemental agreements shall be established in accordance with current engineering practice.

(e) Upon completion and final inspection of the contract work, the department may accept the improvement if it is in substantial compliance with the plans, specifications, special provisions, proposals and contract and if a proper adjustment in the contract price is made.

(f) Any supplemental agreement or change order in violation of this section is null and void and unenforceable for payment.

(6) The department shall preserve all records which reflect the quantities of materials used in the construction of any road project supervised by the department for a period of 5 years. This requirement is equally binding when materials are purchased by prime contractors or subcontractors.

(7) Every contract let by the department for the performance of work shall contain a provision requiring the prime contractor, before receipt of any periodic payment under the provisions of such contract, to certify that all subcontractors having an interest in the contract have received their pro rata shares of the payment out of previous periodic payments to the prime contractor for all work completed and materials furnished in the previous period as approved by the department for payment. The department shall not make any such periodic payment before receipt of such certification.

BI8tory.-s. 90, ch. 29966, 1966; s. I, ch. 61·432; s. I, ch. 61-443; s. I, ch. 61· 222; s. I, ch. 66·4; s. 5, ch. 67·461; s. I, ch. 69·316; s. I, ch. 69·392; ... 23, 35, ch. 69·106; s. 1, ch. 70-326; s. 114, ch. 71-377; s. 1, ch. 72-88; s. I, ch. 76-6; s. 3, ch. 76-66; s. I, ch. 64-277; s. 139, ch. 64-309.

337.12 Unlawful for certain persons to be financially interested in contracts; penalty.-[Repealed by s. 145, ch. 84-309.]

337.14 Application for qualification; certificate of qualification; restrictions; request for hearing.-

(1) Any person desiring to bid for the performance of any construction contract in excess of $150,000 which the department proposes to let must first be certified by the department as qualified pursuant to this section and rules of the department. The rules of the department shall address the qualification of persons to bid on construction contracts in excess of $150,000 and shall include requirements with respect to the equipment, past record, experience, financial resources, and organizational personnel of the applicant. Each applicant seeking qualification to bid on construction contracts in excess of $150,000 shall furnish the department a statement under oath, on such forms as the department may prescribe, setting forth detailed information as required on the application. Each application for certification shall be accompanied by the latest annual financial statement of the applicant completed within the last 12 months and the opinion of a certified public accountant or public accountant approved by the department. If such statement reflects the financial condition of the applicant more than 120 days prior to the application date, then an interim financial statement reflecting conditions no more than 120 days prior to application shall also be submitted. The information required by this subsection is confidential and exempt from the provisions of s. 119.07(1). The department shall act upon the application for qualification within 30 days after it is presented.

(2) Certification shall be necessary in order to bid on a road, bridge, or public transportation construction contract of more than $150,000. However, the successful bidder on any construction contract must

537


furnish a contract bond prior to the award of the contract.

(3) Upon the receipt of an application for certification, the department shall examine it, verify its statements when necessary, and determine whether the applicant is competent, is responsible, and possesses the necessary financial resources to perform the desired work.

(4) If the applicant is found to possess the prescribed qualifications, the department shall issue to him a certificate of qualification which, unless thereafter revoked by the department for good cause, will be valid for a period of 16 months from the date of the applicant's financial statement or such shorter period as the department may prescribe. In the event the department finds that an application is incomplete or contains inadequate information or information which cannot be verified, the department may request in writing that the applicant provide the necessary information to complete the application or provide the source from which any information in the application may be verified. If the applicant fails to comply with the initial written request within a reasonable period of time as specified therein, the department shall request the information a second time. If the applicant fails to comply with the second request within a reasonable period of time as specified therein, the application shall be denied.

(5) The certificate of qualification shall contain a statement fixing the actual amount of work, in terms of estimated cost, which the applicant will be permitted to have on contract with the department and not completed at anyone time, and the certificate may contain a statement by the department limiting such bidder to the submission of bids upon a certain class of work. Subject to such restrictions, the certificate of qualification shall authorize the holder to bid on all work on which bids are taken by the department during the period of time specified in the certificate.

(6) Any applicant for a certificate of qualification who is aggrieved by the action of the department may, within 10 days after receiving notification of such action, request a hearing pursuant to chapter 120.

Hi.tory.-s. 93. eh. 29965. 1955; s. 14. eb. 57-318; s. 1. eh. 61-501; s. 1. eh. 69-314; BB. 23. 35. eb. 69-106; s. 1. eb_ 76-85; s. 1. eh. 78-316; s. 10. eb. 80-374; s. 1. eb. 83-18; s. 146. eb. 84-309.

337.141 Payment of construction or maintenance contracts.-

(1) As used in this section, the terms "dispute" or "pending claim" refer to a dispute or pending claim between the prime contractor and the department.

(2) Each contract for construction or maintenance entered into pursuant to this chapter shall provide for final payment within 90 days of receipt and acceptance by the department of all documents which are required by the contract from the contractor, with the exception of the acceptance letter and a consent by the contractor's surety for release of payment of the retained percentage and final estimate to the contractor. Should the contractor, due to his own actions, fail to provide the department with the acceptance letter and the surety's consent to the department within 60 days of the above-established date, then payment shall be made within 30 days of receipt by the department of such documents. Final

payment shall not be so made as to any amount which is in dispute or the subject of a pending claim, but shall be so made as to that portion of a contract or those amounts which are not in dispute or the subject of a pending claim. However, such partial payment shall not constitute any bar, admission, or estoppel or have any other effect as to those payments that are in dispute or the subject of a pending claim.

(3) For each day after 90 days, or 30 days after settlement of a claim, the department shall pay to the contractor interest at the rate of 1 percent per month or portion thereof on the unpaid balance.

(4) If a contractor fails to submit all documents required for final payment within 2 years after final acceptance of the work or within 1 year after the offer by the department of final payment, whichever occurs later, any amount owed as final payment shall be considered to be forfeited. The forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. Written notice shall be given by the department at least 60 days prior to forfeiture.

Hi.tory.-BB. 1. 2. eb. 70-168; s. 1. eb. 77-79; s. 147. eb. 84-309.

337.143 Adjustment of contract price for bituminous material; providing legislative intent. -[Repealed by s. 148, ch. 84-309.]

337.15 Rebearing.-[Repealed by s. 149, ch. 84-309.]

337.16 Disqualification of delinquent contractors from bidding; suspension and revocation of certificates of qualification; grounds; bearing.-

(1) A contractor shall not be qualified to bid when an investigation by the department discloses that such contractor is delinquent on a previously awarded contract, and in such case his certificate of qualification shall be suspended or revoked.

(a) A contractor is delinquent when unsatisfactory progress is being made on a construction project or when the allowed contract time has expired and the contract work is not complete. Unsatisfactory progress shall be determined in accordance with the contract provisions.

(b) The department shall inform the contractor in writing of its intent to deny or revoke his certificate of qualification to bid on work let by the department and of his right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days of the receipt of the notice of intent, the department shall notify the contractor of the time, date, and place of the hearing, which shall be held within 30 days of receipt of the request for the hearing.

(c) Such suspension or revocation shall not affect the contractor's obligations under any preexisting contract.

(2) For reasons other than delinquency in progress, the department, for good cause, may suspend for a specified period of time or revoke any certificate of qualification. Good cause includes, but is not limited to, circumstances in which a contractor or his official representative:

(a) Makes or submits to the department false, de-

538


ceptive, or fraudulent statements or materials in any bid proposal to the department or any application for a certificate of qualification or in any administrative or judicial proceeding;

(b) Becomes insolvent or is the subject of a bankruptcy petition;

(c) Fails to comply with contract requirements, in terms of payment or performance record, or to timely furnish contract documents as required by the contract or by any state or federal statute or regulation; or

(d) Wrongfully employs or otherwise provides compensation to any employee or officer of the department, or willfully offers an employee or officer of the department any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment.

History.-s. 95, ch. 29965, 1955; 88. 23, 35, ch. 69-106; 8. 56, ch. 78-95; 8. ISO, ch. 84-309.

337.164 Legislative intent with respect to integrity of public contracting process.-Recognizing that the preservation of the integrity of the public contracting process of the department is vital to the development of a balanced and efficient transportation system and is a matter of interest to all the people of the state, the Legislature determines and declares that:

(1) The procedures of the department for bidding and qualification of bidders on department contracts exist to secure the public benefits of free and open competition and to secure the quality of public works.

(2) The opportunity to bid on department contracts or to supply goods or services to the department is a privilege, not a right.

(3) The privilege of transacting business with the department should be denied to persons or firms involved in contract crime in order to preserve the integrity of the public contracting process.

(4) Persons or firms involved in contract crime should be denied both the privilege of transacting business with the department and the opportunity of obtaining economic benefit through the transaction of business by their affiliates with the department.

To this end, it is the intent of the Legislature to provide sufficiently broad authority to the department to ensure the integrity of its public contracting process.

HistorY.-8. I , ch. 83-4; 8. 151, ch. 84-309.

be prima facie evidence that one business entity is an affiliate of another.

(b) The term "certificate" means the certificate of qualification required and granted pursuant to s. 337.14 or other form of authorization issued pursuant to s. 337.105.

(c) The term "contract crime" means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federallaw involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract.

(d) The term "contractor" means any person who bids or applies to bid on work let by the department or any counterpart agency of any other state or of the Federal Government or who provides professional services to the department or other such agency. The term "contractor" includes the officers, directors, executives, shareholders active in management, employees, and agents of the contractor.

(e) The term "convicted" or "conviction" means a finding of guilt or a conviction of a contract crime, with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

(f) The term "pooling" means a combination of persons or corporations engaged in the same business, or for the purpose of engaging in a particular business or commercial or speculative venture, in which all contribute to a common fund or place their holdings of a given stock or other security in the hands and control of a managing member or committee.

(2)(a) No contractor or his affiliate shall be qualified to bid on work let by the department when it is determined that he has, subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court.

(b)1. Any provision of chapter 120 to the contrary notwithstanding, when the department receives notice that a contractor has been convicted of a contract crime, the department shall inform the contractor or his affiliate in writing of its intent to deny or revoke the certificate of the contractor or affiliate to bid on work let by the department and of the contractor's right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days of receipt of the notice of intent, the department shall notify the contractor or affiliate of the time, date, and place of the

337.165 Contract crime; denial or revocation hearing, which hearing shall be held within 30 days of of a certificate of qualification.- receipt of the request for the hearing. If the depart-

(1) The following words and phrases, when used ment determines that the contractor has been con-in this section, have the following meanings: victed of a contract crime, it shall deny or revoke the

(a) The term "affiliate" means a predecessor or certificate of the contractor or affiliate for a period of successor of a contractor under the same, or substan- 36 months. tially the same, control or a group of business entities 2. Any person who is notified by the department which are connected or associated so that one entity of its intent to deny or revoke his certificate to bid on controls or has the power to control each of the other work let by the department because of his status as business entities. The term "affiliate" includes the of- an affiliate of a contractor convicted of a contract ficers, directors, executives, shareholders active in crime may, at the hearing requested under subparamanagement, employees, and agents of the affiliate. graph 1., offer proof that he is not an affiliate as deThe ownership by one business entity of a controlling fined by paragraph (l)(a). The submission of an affiinterest in another business entity or a pooling of davit alone shall not constitute competent substanequipment or income among business entities shall tial evidence that the person is not an affiliate. If the

539


department finds that such person is not an affiliate, his certificate may not be denied or revoked.

(c) A contractor or affiliate whose certificate has been denied or revoked because of a conviction of a contract crime and who is subsequently convicted of a contract crime committed within 10 years of such denial or revocation may not be considered for eligibility pursuant to paragraph (d) until 24 months after the date of the denial or revocation based upon such subsequent conviction.

(d) A contractor or affiliate whose certificate has been denied or revoked may, at any time after denial or revocation, petition for and be granted a hearing to determine his eligibility for reapplication or reinstatement upon such terms and conditions as may be prescribed upon finding that reapplication or reinstatement is in the public interest. The petition shall be filed with the department. Any hearing conducted by the department shall be conducted within 30 days after receipt of the petition, unless otherwise stipulated by the parties. If the contractor or affiliate requests in his petition that the hearing be conducted by the Division of Administrative Hearings of the Department of Administration, the department shall, within 5 days after receipt of the petition, notify the division of the request. The director of the Division of Administrative Hearings shall, within 5 days after the notice by the department, assign a hearing officer, who shall conduct the hearing within 30 days thereafter, unless otherwise stipulated by the parties. The department shall be a party in interest in any hearing conducted by the Division of Administrative Hearings. In determining whether reapplication or reinstatement would be in the public interest, the department or division hearing officer shall give consideration to any relevant mitigating circumstances, which may include, but are not limited to, the following:

1. The degree of culpability; 2. Prompt and voluntary payment of damages to

the state as a result of the contractor's violation of state or federal antitrust laws;

3. Cooperation with any state or federal prosecution or investigation of a contract crime;

4. Disassociation with those involved in a contract crime;

5. Reinstatement in other state or federal jurisdictions; and

6. The needs of the department in completing its programs in a timely, cost-effective manner.

The department or division hearing officer shall also consider the failure of the contractor or affiliate to comply with the notification provisions of subsection (5). Any hearing requested under this paragraph shall be conducted and concluded without undue delay. The hearing officer shall, within 30 days after the hearing, complete and submit a final order to the department, which order may not be altered or amended by the department. If eligibility for reapplication or reinstatement is denied, the contractor or affiliate may not petition for a subsequent hearing for a period of 9 months following the date of the order of denial or revocation. However, a hearing prior to the expiration of such period may be authorized by the department if, in its discretion, it determines that a hearing is in the public interest.

(3) A contractor or affiliate whose certificate is denied or revoked pursuant to this section may not act as a prime contractor, a material supplier, a subcontractor, or a consultant on any department contract or project during the period of such denial or revocation.

(4) The denial or revocation of a contractor's or affiliate's certificate shall not affect the contractor's or affiliate's obligations under any preexisting contract.

(5) A contractor or his affiliate who is currently qualified or seeking to be qualified by the department shall notify the department within 30 days after conviction of a contract crime applicable to him or to any of his affiliates, or to any of his or his affiliate's officers, directors, executives, shareholders active in management, employees, or agents.

(6) Whenever the department has reason to believe that a contractor or his affiliate who is currently qualified or seeking to be qualified by the department has been convicted of a contract crime, or may be affiliated with a person so convicted, the department may issue a written demand upon the contractor or affiliate, concerning any such conviction or affiliation, to appear and be examined under oath, to answer written interrogatories under oath, and to produce documents or other tangible evidence for inspection and copying.

Hiatory.-8. 2, eh. 83·4; 8. 152, eh. 84·309.

337.17 Bid guaranty.-The department shall require guaranty with each bid for a construction contract in excess of $150,000 in an amount to be specified by the department which shall not exceed 10 percent of the preliminary estimate of the cost of the work. The guaranty may, in the discretion of the bidder, be in the form of a cashier's check, bank money order, bank draft of any national or state bank, certified check, or surety bond, payable to the Governor and his successors in office. The surety on any bid bond shall be a company recognized to execute bid bonds for contracts of the Federal Government.

Hiatory.-8. 96, eh. 29965, 1955; 8.16, eh. 57·318; 88. 23, 35, ch. 69·106; 8. 1, eh. 77·174; 8. 157, eh. 84·309.

337.18 Surety bonds; requirement with respect to contract award; defaults; damage assessments.-

(1) A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price. The surety on such bond shall be a surety company authorized to do business in the state. All bonds shall be payable to the Governor and his successors in office and conditioned for the prompt, faithful, and efficient performance of the contract according to plans and specifications and within the time period specified, and for the prompt payment of all persons furnishing labor, material, equipment, and supplies therefor; however, whenever an improvement, demolition, or removal contract price is $25,000 or less, the security may, in the discretion of the bidder, be in the form of a cashier's check, bank money order of any state or national bank, certified check, or postal money order.

(2) The department shall provide in its contracts for the determination of default on the part of any contractor for cause attributable to such contractor.

540


Every contract let by the department for the performance of work shall contain a provision for payment to the department by the contractor of liquidated damages for any such default due to failure of the contractor to complete the contract work within the time stipulated in the contract or within such additional time as may have been granted by the department. Such liquidated damages shall be the amounts established in the following schedule:

Ori"inal Contract Amount Daily Char"e Per Calendar Day

$50,000 and under ............................................... ... $ 50 Over $50,000 but less than $250,000 ..................... 100 $250,000 or more but less than $500,000 .............. 200 $500,000 or more but less than $2,500,000 ........... 300 $2,500,000 or more but less than $5,000,000 ........ 500 $5,000,000 or more but less than $10,000,000 ...... 750 $10,000,000 or more but less than

$15,000,000 ......................................................... 1,000 $15,000,000 or more but less than

$20,000,000 ......................................................... 1,250 $20,006,000 and over .................................... 1,250 plus

0.005 percent per day for any amount

over $20,000,000

Any such liquidated damages paid to the department shall be deposited to the credit of the fund from which payment for the work contracted was authorized.

(3) If the department determines and adequately documents that the timely completion of any project is essential to the public health, safety, or welfare, the contract for such project may provide for an incentive payment payable to the contractor for early completion of the project or critical phases of the work and for additional damages to be assessed against the contractor for the completion of the project or critical phases of the work in excess of the time specified. The amount of such incentive payment or such additional damages shall be established in the contract but shall not exceed $2,000 per calendar day for a maximum period of 100 days. Any liquidated damages provided for under subsection (2) and any additional damages provided for under this subsection shall be payable to the department upon a default because of the contractor's failure to complete the contract work within the time stipulated in the contract or within such additional time as may have been granted by the department.

(4) Such bonds shall be subject to the additional obligation that the principal and surety executing the same shall be liable to the state in a civil action instituted by the department or any officer of the state authorized in such cases, for double any amount in money or property the state may lose or be overcharged or otherwise defrauded of, by reason of any wrongful or criminal act, if any, of the contractor, his agent, or employees. . Hi.tory.-8. 97, ch. 29965, 1955; 8. I, ch. 65-40; 88. 23, 35, ch. 69-106; 8. I, ch. 71-40; 8. 2, ch. 78-316; 8. I, ch. 82-41; 8. 23, ch. 83-218; s. 158, ch. 84-309. cf.-s. 255.05 Bond of contractor constructing public buildings; suit by material

men.

337.185 State Arbitration Board.(1) To facilitate the prompt, peaceful, and just

settlement of conflicts and disputes arising out of contracts between the department and the various contractors with whom it transacts business, the Legislature does hereby establish the State Arbitration Board, referred to in this section as the "board." Every contractual conflict or dispute valued at or under $100,000, arising in the performance of a construction contract, whether initiated by the department or the contractor, shall be arbitrated by the board. A court of law may not consider the settlement of such a conflict until the process established by this section has been exhausted.

(2) The board shall be composed of three members. One member shall be appointed by the head of the department, and one member shall be elected by those construction companies who are under contract with the department. The third member shall be chosen by agreement of the other two members. Whenever the third member has a conflict of interest regarding affiliation with one of the parties, the other two members shall select an alternate member for that hearing. Each member shall serve a 2-year term, but a member may not serve more than three consecutive terms. The board shall elect a chairman each term.

(3) A hearing may be requested by the department or by a contractor who has a dispute with the department which, under the rules of the board, may be the subject of arbitration. The board shall conduct the hearing within 45 days of the request. The party requesting the board's consideration shall give notice of the hearing to each member. If the board finds that a third party is necessary to resolve the dispute, the board may vote to dismiss the claim, which may thereafter be pursued in a court of law. The board shall have jurisdiction to hear matters concerning $100,000 or less per contract.

(4) All members shall be necessary to conduct a meeting. Upon being called into session, the board shall promptly proceed to a determination of the issue or issues in dispute.

(5) When a valid contract is in effect defining the rights, duties, and liabilities of the parties with respect to any matter in dispute, the board shall have power only to determine the proper interpretation and application of the contract provisions which are involved. Any investigation made by less than the whole membership of the board shall be by authority of a written directive by the chairman, and such investigation shall be summarized in writing and considered by the board as part of the record of its proceedings.

(6) The board shall hand down its order within 60 days after it is called into session. If all three members of the board do not agree, the order of the majority will constitute the order of the board.

(7) The members of the board shall receive no compensation for the performance of their duties hereunder, but they shall be reimbursed for expenses as provided in s. 112.061, when they attend a meeting or perform a service in conformity with the requirements of this section. If an alternate member is needed, such member may be reimbursed an additional $100 per day for expenses. All such expenses shall be shared equally by the parties to the hearing.

Hiatory.--8. I, ch. 69-351; 88. 23, 35, ch. 69-106; s. I, ch. 70-186; s. 58, ch. 78-95; s. 3, ch. 80-346; s. 170, ch. 84-309.


541


337.19 Suits by and against department; limitation of actions; forum.-

(1) Suits at law and in equity may be brought and maintained by and against the department on any claim under contract for work done; provided, that no suit sounding in tort shall be maintained against the department.

(2) Suits by and against the department under this section shall be commenced within 3 years of the final acceptance of the work. However, for any suit commenced by the department prior to June 13, 1984, the person against whom the suit was commenced shall be permitted to maintain against the department any counterclaim arising out of the same transaction or occurrence; provided that this provision, permitting such a counterclaim, applies retroactively regardless of prior law.

(3) Any action or suit brought against the department shall be brought in the county or counties where the cause of action accrued or in Leon County.

History.-s. 98. ch. 29965, 1955; 88. I, 2, ch. 69·391; 8. I, ch. 84-206; 8. 159, ch. 84-309.

337.20 Service of process upon department. -[Repealed by s. 160, ch. 84-309.]

337.21 Agency of the state.-[Repealed by s. 161, ch. 84-309.]

337.22 Bid specifications on supplies.-[Repealed by s. 162, ch. 84-309.]

337.241 Acquisition by department of rights-of-way for roads on State Highway System; approval by local governments of maps for proposed rights-of-way; establishment of building setback lines; restrictions on issuance of development permits; hearings.-

(1) The department shall acquire all rights-ofway and may prepare maps for any roads designated as state roads on the State Highway System. Any such maps shall delineate the limits of proposed rights-of-way for the eventual widening of an existing road or shall delineate the limits of proposed rightsof-way for the initial construction of a road. Before approving or disapproving such map, the governing body of the county in which the right-of-way is located shall advertise and hold a public hearing and shall notify all affected property owners of record, as recorded in the property appraiser's office, and all local governmental entities in which the right-of-way is located, by mail at least 20 days prior to the date set for the hearing. If the map is approved by the governing body of the county, the circuit court clerk of the affected county shall forthwith record the map in accordance with chapter 177 in the public land records of the county.

(2) Upon recording, such map shall establish: (a) A building setback line from the centerline of

any road existing as of the date of such recording; and no development permits, as defined in s. 380.031(4), shall be granted by any governmental entity for new construction of any type or for renovation of an existing commercial structure that exceeds 20 percent of the appraised value of the structure. No restriction shall be placed on the renovation or improvement of existing residential structures, as long

as such structures continue to be used as private residences.

(b) An area of proposed highway construction within which development permits, as defined in s. 380.031(4), shall not be issued for a period of 5 years from the date of recording such map.

(3) Upon petition by an affected property owner alleging that such property regulation is unreasonable or arbitrary and that its effect is to deny a substantial portion of the beneficial use of such property, the department shall hold an administrative hearing in accordance with the provisions of chapter 120. When such a hearing results in an order finding in favor of the petitioning property owner, the department shall have 150 days from the date of such order to acquire such property or file appropriate proceedings. Appellate review by either party may be resorted to, but such review will not affect the 150-day limitation when such appeal is taken by the department unless execution of such order is stayed by the appellate court having jurisdiction.

(4) Upon the failure by the department to acquire such property or initiate acquisition proceedings, the appropriate local governmental entity may issue any permit in accordance with its established procedures.

History.-s. 140, ch. 84-309.

337.25 Acquisition, lease, and disposal of real and personal property.-

(1) The department may purchase, lease, exchange, or otherwise acquire any land or buildings or other improvements, including personal property within such buildings or on such lands, necessary to carry out its duties and functions in acquiring rightsof-way or easements for the construction and maintenance of all roads under its jurisdiction. Such property shall be held in the name of the state.

(2) A complete inventory shall be made of all real or personal property immediately upon possession or acquisition. Such inventory shall include an itemized listing of all appliances, fixtures, and other severable items; a statement of the location or site of each piece of realty, structure, or severable item; and the serial number assigned to each. Copies of each inventory shall be filed both in the Tallahassee office and in the district office in which the property is located. Such inventory shall be carried forward to show the final disposition of each item of property, both real and personal.

(3) The department may sell or lease, in the name of the state, any land, building, or other property, real or personal, which was acquired under the provisions of subsection (1) and which the department has determined is no longer needed for the construction of roads. When such a determination has been made, property may be disposed of in the following manner:

(a) If the value is less than $100, the department may negotiate the sale.

(b) If the value exceeds $100, such property may be sold only by receipt of sealed competitive bids, after due advertisement, or by public auction held at the site of the improvement which is being sold. If as a result of an inquiry the department initiates the process for disposing of the property, the person making the inquiry shall bear the cost of an independent appraisal to determine the fair market value of

542


the property. If the property is sold to someone other than such person, the cost of the independent appraisal shall be borne by the purchaser; and the person making the inquiry shall have the cost of the appraisal refunded to him. If, however, no purchase takes place, the person making the initial inquiry shall forfeit the sum paid by him for the independent appraisal. If, due to action of the department, the property is removed from eligibility for sale, the cost of any appraisal prepared shall be refunded to the person who paid for the appraisal.

(c) If, in the discretion of the department, public sale would be inequitable, properties may be sold by negotiation to the owner holding title to all privately owned abutting properties, or to the owner of the only abutting land between which and the road the property being sold lies, provided such sale is at a negotiated price not less than fair market value as determined by an independent appraisal, the cost of which shall be paid by the owner of the abutting land. If negotiations do not result in the sale of the property to the owner of the abutting land and the property is sold to someone else, the cost of the independent appraisal shall be borne by the purchaser; and the owner of the abutting land shall have the cost of the appraisal refunded to him. If, however, no purchase takes place, the owner of the abutting land shall forfeit the sum paid by him for the independent appraisal. If, due to action of the department, the property is removed from eligibility for sale, the cost of any appraisal prepared shall be refunded to the owner of the abutting land.

(d) If property acquired for use as a borrow pit is no longer needed, the department may sell such property to the owner of the parcel of abutting land from which the borrow pit was originally acquired, provided the sale is at a negotiated price not less than fair market value as determined by an independent appraisal, the cost of which shall be paid by the owner of such abutting land.

(e) Any property which was acquired by a county or by the department using constitutional gas tax funds for the purpose of a right-of-way or borrow pit for a road on the State Highway System, State Park Road System, or county road system and which is no longer used or needed by the department may be conveyed without consideration to that county. The county may then sell such surplus property upon receipt of competitive bids in the same manner prescribed in this section.

(f) If a property has been donated to the state for transportation purposes and the facility has not been constructed for a period of at least 5 years and no plans have been prepared for the construction of such road, the governmental entity may authorize reconveyance of the donated property for no consideration to the original donor or his heirs, successors, assigns, or representatives.

(g) If property is to be used for a public purpose, the property may be leased or conveyed without consideration to a local governmental entity.

(h) If property was originally acquired specifically to provide replacement housing for persons displaced by federally assisted transportation projects, the department may negotiate for the sale of such property as replacement housing. As compensation, the state shall receive no less than its investment in

such properties or fair market value, whichever is lower. It is expressly intended that this benefit be extended only to those persons actually displaced by such project. Dispositions to any other persons must be for fair market value.

(4) The appraisal required by paragraphs (3)(b), (c), and (d) shall be prepared in accordance with department guidelines and rules by an independent appraiser who has been certified by the department. If federal funds were used in the acquisition of the property, the appraisal shall also be subject to the approval of the Federal Highway Administration.

(5) Sales of houses and other structures as provided hereby shall first be made in single units; thereafter, sales in bulk may be made as provided herein. When sales are made under bulk sale provisions as provided herein, the removal of houses and other structures shall not be permitted until all houses and structures that were sold in single units have been removed from the site.

(6) A "due advertisement" under this section is an advertisement in a newspaper of general circulation in the area of the improvements of not less than 14 calendar days prior to the date of the receipt of bids or the date on which a public auction is to be held.

Hiatory.-8. 104, ch. 29965, 1955; 8. I, ch. 61·430; 8. I, ch. 65-48; 8. I, ch. 65-33; ... 23, 35, ch. 69-106; 8. 2, ch. 77-44; 8. I, ch. 77-244; 8. I, ch. 78-282; 8.141, ch. 79-400; 8. 2, ch. 82-36; 8. 163, ch. 84-309.

337.26 Execution and effect of instruments of sale, lease, or conveyance executed by department.-

(1) An instrument of sale, lease, or conveyance executed in the name of the department, signed by the proper administrative official with the corporate seal of the department affixed thereto, and certified to by the head of the department is effective to pass the title or interest of the state in the property conveyed.

(2) No instrument of conveyance by the department shall warrant the title to any property sold, leased, or conveyed.

Hi.tory.-8. 105, ch. 29965, 1955; 8. 17, ch. 57-318; ... 23, 35, ch. 69-106; 8. 184, ch. 84-309.

337.27 Exercise of power of eminent domain by department; procedure; title; cost.-

(1) The power of eminent domain is vested in the department to condemn all necessary lands and property, including rights of access, air, view, and light, whether public or private, for the purpose of securing transportation rights-of-way, including, but not limited to, borrow pits, drainage ditches, water retention areas, rest areas, replacement access for landowners whose access is impaired due to the construction of a facility, and replacement rights-of-way for relocated rail and utility facilities, for existing, proposed, or anticipated roads in the State Highway System or State Park Road System or for the purposes of screening, relocation, removal, or disposal of junkyards and scrap metal processing facilities. The department shall also have the power to condemn any material and property necessary for such purposes.

(2) When such lands and property fall within a designated transportation corridor as established by the department in conjunction with local government comprehensive plans and in accordance with the

543


Florida Transportation Plan, the department may acquire lands and property under this section prior to the preparation or completion of specific design or construction plans for the particular transportation facility to be constructed within the transportation corridor. This subsection shall be construed as a specific recognition by the Legislature that the acquisition of land and property for anticipated future transportation needs is a public purpose for which the power of eminent domain may be exercised by the department. The term "transportation corridor," as used in this subsection, means any area between two geographic points used or suitable for the movement of people and goods by one or more modes of transportation. In demonstrating the necessity for rights-of-way for transportation corridors which are acquired under this subsection for future construction, the department shall produce documentation in the form of anticipated trends in such areas such as demographic and other growth patterns, land use and development patterns, traffic projections, utility needs, mass transit requirements, as well as the avoidance of anticipated environmental and water quality problems or the disruption of existing or anticipated residential or commercial neighborhoods. Design plans for property acquired under this subsection shall be initiated within 10 years, or completed within 12 years, after the date of acquisition of such property. The department shall maintain records of property acquired pursuant to this subsection and shall notify the Legislature in the event that the design is not commenced or completed within that time. Funds for advance acquisition under this subsection must be specifically appropriated, and such funds may be used by the department only for that purpose.

(3) In the acquisition of lands and property, the department may acquire an entire lot, block, or tract of land if, by doing so, the acquisition costs to the department will be equal to or less than the cost of acquiring a portion of the property. This subsection shall be construed as a specific recognition by the Legislature that this means of limiting the rising costs to the state of property acquisition is a public purpose and that, without this limitation, the viability of many public projects will be threatened.

(4) Title to any land acquired in the name of the department vests in the state.

(5) The department is authorized to pay the judgment or compensation, including deposits required, awarded in any such proceedings out of any funds available to the department for the maintenance or construction of any road on the State Highway System or State Park Road System.

Hi.tory.-8. 106, eh. 29965, 1955; 8. 18, eh. 57-318; ... 23,35, eh. 69-106; 8. I, eb. 80-312; 8. 165, eh. 84-309; 8. 2, eh. 84-319. cf.-8. 127.01 Counti .. delegated power of eminent domain granted the Depart

ment of Transportation.

337.271 Negotiations for acquisitions.-(1) The department shall negotiate in good faith

with the owner of a parcel to be acquired and shall attempt to arrive at an agreed amount of compensation to be paid for the parcel.

(2) At the inception of negotiation for acquisition, the department shall notify the fee owner of the following:

(a) That all or a portion of his property is necessary for roadway construction;

(b) The nature of the project for which the parcel is deemed necessary, the project number, and the parcel designation of the property to be acquired;

(c) The district office of the department from which the owner may obtain right-of-way maps reflecting the proposed taking;

(d) The fee owner's statutory rights under ss. 73.091 and 73.092; and

(e) The fee owner's rights and responsibilities under subsections (3), (4), (5), and (6).

(3) The notice shall be sent by certified mail, return receipt requested, to the fee owner's last known address listed on the county ad valorem tax roll. Notice to one owner constitutes notice to all owners on multiple-ownership property. The return of the notice as undeliverable by the postal authorities constitutes compliance with this provision. The department is not required to give notice to a person who acquires title to the property subsequent to the notice required by this section.

(4) The fee owner may, within 120 days after receipt of the notice required by subsection (2) or at a later date specified by the department, submit a complete appraisal report relating to the parcel to be acquired. The report submitted shall contain all data and information upon which the appraiser's conclusions are based and shall be prepared by an appraiser who has been qualified by the department or who has been qualified and accepted as an expert real estate appraiser in an eminent domain proceeding in this state within the prior 3 years. Such appraiser shall be actively registered with the Florida Real Estate Commission as a real estate broker or salesman. A list of those appraisers currently qualified by the department shall be attached to the letter submitted to the fee owner. On multiple-ownership property, the fee owner is collectively entitled to only one appraisal report.

(5) If the business owner intends to claim business damages pursuant to s. 73.071(3)(b), he may, within 120 days after receipt of the notice required by subsection (2) or at a later time specified by the department, submit to the department a complete estimate of business damages to the property. The estimate shall explain the nature and extent of such damages and shall be prepared by either the owner or a certified public accountant. If the business owner elects to submit an estimate of business damages to the department, he shall also permit the department to copy and examine, at the owner's convenience, such of his business records as the department determines to be necessary for it to arrive at an estimate of business damages.

(6) Upon submission of an invoice from the fee owner's appraiser, the department shall pay the reasonable cost of obtaining the appraisal report provided for in subsection (4) and the reasonable cost of an estimate of business damages prepared by a certified public accountant provided for in subsection (5). The invoice shall state the nature of the services performed by date, the number of hours expended by date, and the hourly rate for such services. Reasonable appraisal or accountant fees as authorized by this section shall not exceed the general or customary

544


hourly rate for appraisal or accounting fees in the community.

(7) Within 30 days after receipt of the fee owner's appraisal report and the estimate of busine~s damages if submitted, the department shall submIt to the owner all appraisal reports prepared for the depar~ment which relate to the owner s parcel and any estImate of business damages prepared.

(8) The department or the fee owner may use any statement by the other's appraiser or accountant relating to facts or conclusions used in arriving at such appraiser's or accountant's estimate of value or damages.

(9) After receipt of the appraisal report prepared for the fee owner and the estimate of business damages if submitted, the department shall make an offer of purchase to the fee owner and business owne~, if any, which includes the value of the land and Improvements taken and any business or severance damages.

(10) Evidence of negotiations conducted by the parties pursuant to this section shall not be admissible in any subsequent proceeding.

(11) The department may adopt rules to implement this section.

Hiatory.-8. 2. ch. 83·113; 8. I , ch. 83-212; 8. 166, ch. 84-309.

1337.272 Resale of property acquired by eminent domain upon failure to devote it to use for which condemned.-

(1) When property has been condemned by the department through an eminent ~om~n proce~ding, the right of the department to mamtam posseSSIOn of the property may be forfeited if the department fails to devote the property to the use for which it was condemned within 5 years from the date of condemnation. The department may petition the circuit court of the county in which the property lies within that 5-year period for an extension of time, which extension may not exceed 2 years.

(2) If the department fails to devote the prop~rty to the use for which it was condemned, the origmal owner or his heirs shall have 4 months to purchase the property at the condemnor's original purchase price plus interest at the prevailing rate from the date' of the condemnor's purchase. If the original owner or his heirs do not purchase the property, the department shall dispose of such property in accordance with s. 337.25.

(3) At the time the property is so acquired, the department shall notify the condemnee of the provisions of this section. The failure to provide notice as provided in this subsection will render the condemnor liable for damages, costs, and reasonable attorney's fees.

(4) For the purposes of this section, the term "use" includes the designation by the department of such property in the Florida Transportation Plan either as a transportation corridor or any other transportation purpose authorized by statute.

(5) The department shall conduct an inventory of all property acquired by eminent domain every 3 years and evaluate that inventory to ensure that all

incorporated into that plan or disposed of pursuant to provisions of this act.

Hlatory.-8. 2, ch. 84-319. 'Note.-Section 2, ch. 84·319, provides that the Department of Transporta

tion will have 1 year from June 24, 1984, to c~nduct an inventory of.all property 8ubject to the provieioD8 of ch. 84-319 and to mclude 8uch property m the Flonda Tran8portation Plan or to begin disposal pursuant to ch. 84-319.

337.274 Authority of department agen~ or employee to enter lands, waters, and premIses of another in the performance of duties.-The department and its authorized agents and employees are authorized to enter upon any lands, waters, and premises, upon giving reasona,hle notice to the l!1Ddowner, for the purpose of maklI~g s~rveys, soundmgs, drillings, appraisals, and eX!illlmatIons necessary to perform its duties and functIOns; and any such entry shall not be deemed a trespass or an entry that would constitute a taking in an eminent domain proceeding. The department shall make reimbursement for any actual damages to such lands, water, and premises as a result of such activities.

Hlatory.-8. 2, ch. 84-319.

337.28 Rights-of-way furnished by counties; eminent domain; contracts with department; bond.-[Repealed by s. 167, ch. 84-309.]

337.29 Vesting of title to roads; liability for torts.-

(1) Title to all roads designated in the State Highway System or State Park Road System shall be in the state unless otherwise provided herein.

(2) Upo'n the vesting of title to any lands for highway purposes. in ~he state, local g~vernmental entities shall forthWIth Issue a deed or rIght-of-way map to the state covering such lands, which shall be duly recorded. Recordation of deeds or right-of-way maps shall also be effected upon acquisition of any lands by the department.

(3) Title to all roads transferred i!l accordance with the provisions of s. 335.04 shall be m the governmental entity to which such roads have been transferred, upon the recording of a rig~t-o~-way map ~y the appropriate governmental ent~ty ~n th~ pubhc land records of the county or countIes m whICh such rights-of-way are located. To. the e~te~~ that sovereign immunity has been wa1ve~, habI~Ity for to.rts shall be in the governmen~ ~~tIty haVlng. oper~tIOn and maintenance responsIbIhty as provIded In s. 335.04(2). Except as otherwise provided by law, a municipality shall have the same ~overnm~ntal, corporate, and proprietary power.s ~th relatIO~ ~ ~y public road or right-of-way w1thm the munICIpalIty which has been transferred to another governmental entity pursuant to s. 335.04. that the mun~cipality has with relation to other pubhc roads and rIghts-of-way within the municipality.

Hlatory.-8. lOS, ch. 29965, 1955; ... 23,35, ch. 69-106; 8.16, ch. 77-165; 8. 5, ch. 77-416; 8. 2, ch. 78-285; 8. 169, ch. 84-309.

337.32 State Road Arbitration Board. -[Amended by s. 170, ch. 84-309, and transferred to s. 337.185.]

such property is included in the Florida Transporta- 337.33 Qualifications of professional consultion Plan. If such property is not included in the tants; finding by the department.-[Amended by Florida Transportation Plan, the property shall be s. 171, ch. 84-309, and transferred to s. 337.105.]

545


337.34 Completion of interstate highway system.-[Amended and transferred to s. 335.035 by s. 34, ch. 84-309.]

337.401 Use of right-of-way for utilities subject to regulation; permit.-

(1) The department and local governmental entities, referred to in ss. 337.401-337.404 as the "authority," that have jurisdiction and control of public roads are authorized to prescribe and enforce reasonable rules or regulations with reference to the placing and maintaining along, across, or on any road under their respective jurisdictions any electric transmission, telephone, or telegraph lines, pole lines, poles, railways, ditches, sewers, water, heat, or gas mains, pipelines, fences, gasoline tanks and pumps, or other structures hereinafter referred to as the "utility."

(2) The authority may grant to any person who is a resident of this state, or to any corporation which is organized under the laws of this state or licensed to do business within this state, the use of a right-ofway for the utility in accordance with such rules or regulations as the authority may adopt. No utility shall be installed, located, or relocated unless authorized by a written permit issued by the authority. The permit shall require the permitholder to be responsible for any damage resulting from the issuance of such permit.

Hi.tory.-s. 127, ch. 29965, 1955; s. 1, ch. 63-279; s. 1, ch. 65-52; ... 23,35, ch. 69-106; s. 141, ch. 84-309.

Note.-Former s. 338.17. cf.-ch. 362 Utilities along roads.

337.402 Damage to public road caused by utility.-When any public road is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road, the owner of the utility shall, at his own expense, restore the road to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s. 337.404.

Hi.tory.-s. 128, ch. 29965, 1955; s. 142, ch. 84-309. Note.-Former s. 338.18.

cf.-ch. 362 Utilities along roads.

337.403 Relocation of utility; expenses.-

partment, and the state shall pay the entire expense properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.

(2) If such removal or relocation is incidental to work to be done on such road, the notice shall be given at the same time the contract for the work is advertised for bids, or 30 days prior to the commencement of such work by the authority.

(3) Whenever an order of the authority requires such removal or change in the location of any utility from the right-of-way of a public road, and the owner thereof fails to remove or change the same at his own expense to conform to the order within the time stated in the notice, the authority shall proceed to cause the utility to be removed. The expense thereby incurred shall be paid out of any money available therefor, and such expense shall, except in those cases in which the state is required by subsection (1) to pay the expense, be charged against the owner and levied and collected and paid into the fund from which the expense of such relocation was paid.

Hi.tory.-s. 129, ch. 29965, 1955; s. 1, ch. 57-135; s. 1, ch. 57-1978; ... 23,35, ch. 69-106; s. 143, ch. 84-309.

Note.-Former s. 338.19. cf.-ch. 362 Utilities along roads.

337.404 Removal or relocation of utility facilities; notice and order; court review.-[Transferred, as renumbered, from s. 338.20 by s. 144, ch. 84-309.]

337.405 Trees or other vegetation within rights-of-way of State Highway System; removal or damage; penalty.-

(1) The removal, cutting, marring, defacing, or destruction of any trees or other vegetation, either by direct personal action or by causing any other person to take such action, within the rights-of-way of roads located on the State Highway System is prohibited unless prior written permission to remove or cut such trees or other vegetation has been granted by the department, except where normal tree trimming is required to ensure the safe operation of utility facilities and such tree trimming is performed in accordance with the provisions of its utility accommodations guide, and any subsequent amendments thereto. The department shall adopt rules for the implementation of this section to achieve protection of vegetation while at the same time assuring safe utility operations.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hi.tory.-s. 156, ch. 29965, 1955; ... 23, 35, ch. 69-106; s. 238, ch. 71-136; s. 46, ch. 84-309.

Note.-Former s. 339.25. cf.--1!. 861.11 Penalty for cutting or destroying sbode trees along public roads.

(1) Any utility heretofore or hereafter placed upon, under, over, or along any public road that is found by the authority to be unreasonably interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such public road shall, upon 30 days' written notice to the utility or its agent by the authority, be removed or relocated by such utility at its own expense. However, if the relocation of utility facilities, as referred to in s. 111 of the Federal Aid Highway Act of 1956, Pub. L. No. 627 of the EightyFourth Congress, is necessitated by the construction of a project on the federal-aid interstate system, in-cluding extensions thereof within urban areas, and 337.406 Unlawful commercial use of state-the cost of such project is eligible and approved for maintained road right-of-way; penalties.reimbursement by the Federal Government to the ex- (1) Except when otherwise authorized by law or tent of 90 percent or more under the Federal Aid by the rules of the department, it is unlawful to make Highway Act, or any amendment thereof, then in any commercial use of the right-of-way of any statethat event the utility owning or operating such facili- maintained road, including appendages thereto, and ties shall relocate such facilities upon order of the de- also including, but not limited to, rest areas, wayside

546


parks, boat-launching ramps, weigh stations, and scenic easements. Such prohibited uses include, but are not limited to, the sale, or the display for sale, of any merchandise; the servicing or repairing of any vehicle, except the rendering of emergency service; the storage of vehicles being serviced or repaired on abutting property or elsewhere; the solicitation for the sale of goods, property, or services or for charitable purposes; and the display of advertising of any sort, except that any portion of a state-maintained road may be used for an art festival, parade, fair, or other special event if permitted by the appropriate governmental entity and written approval has been obtained from the department. Nothing in this subsection shall be construed to authorize such activities on the interstate highway system.

(2) Persons holding valid peddlers' licenses issued by appropriate governmental entities may make sales from vehicles standing on the right-of-way to occupants of abutting property only.

(3) The Department of Highway Safety and Motor Vehicles and other law enforcement agencies are authorized and directed to enforce this statute.

(4) The violation of any provision of this section or any rule promulgated by the department pursuant to this section constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist constitutes a separate offense.

Hi.tory.-8. I, ch. 73-188; 8. I, ch. 79-30; 8. 206, ch. 81-259; 8. 168, ch. 84-309. Note.-Former 8. 339.301.

337.407 Regulation of signs and lights within rights-of-way.-

(l)(a) No person shall erect any sign, as defined in chapter 479, or light within the right-of-way limits of any road on the interstate highway system, the federal-aid primary highway system, the State Highway System, the State Park Road System, or the county road system; however, the department is authorized to adopt rules concerning the placement of signs, canopies, and other overhanging encroachments along and over any state roads which are within municipalities, or which are of curb-and-gutter construction outside municipalities, provided no supports are located within the rights-of-way.

(b) The department has the authority to direct removal of any violation of paragraph (a) as provided herein.

1. The removal of a sign from the right-of-way of the interstate highway system, the federal-aid primary highway system, the State Highway System, or the State Park Road System shall be in accordance with the provisions of chapter 479.

2. If a sign or light is located on the right-of-way of the county road system in violation of paragraph (a), the department shall direct the immediate removal of the sign or light. However, if the value of the sign or light is greater than $500 and the sign or light bears the name of the owner or of the person or firm the advertisement of which is on the sign, such sign or light shall not be removed until such owner, person, or firm, as shown thereon, has received a 30-day notice as provided by chapter 479.

(c) The department may not authorize the erection of signs where such signs are prohibited by the local governmental entity having jurisdiction.

(2)(a) The provisions of subsection (1) do not apply to benches or transit shelters, or advertising on benches and shelters, on the right-of-way of any municipal, county, or state road, except a limited-access highway, which benches or shelters have been erected for the comfort or convenience of the general public, or at designated stops on official bus routes; provided written permission has been secured from the appropriate local governmental entity and such benches or transit shelters do not interfere with right-of-way preservation and maintenance.

(b) The provisions of subsection (1) do not apply to waste disposal receptacles of less than 110 gallons in capacity, or advertising on such receptacles, erected or placed on the right-of-way of any municipal, county, or state road, except a limited-access highway; provided written permission has been given to qualified utility suppliers of such service by the appropriate local governmental entity. Such receptacles may not interfere with right-of-way preservation and maintenance.

(c) The department has the authority to direct the immediate relocation or removal of any bench, transit shelter, or waste disposal receptacle which endangers life or property.

(d) No bench, transit shelter, or waste disposal receptacle, or advertising thereon, shall be erected or so placed on the right-of-way of any road which conflicts with the requirements of federal law, regulations, or safety standards, thereby causing the state or any political subdivision the loss of federal funds. Competition among persons seeking to provide bench, transit shelter, or waste disposal receptacle services or advertising on such benches, shelters, or receptacles may be regulated by the appropriate local governmental entity consistent with the provisions of this section.

Hi.tory.-8. 37, ch. 29965, 1955; 8. I , ch. 63-501; 8. 5, ch. 67-461; 88.23,35, ch. 69-106; 8. I , ch. 71-38; 8. I, ch. 74-79; •. 9, ch. 78-412; •. I, ch. 60-246; •. 49, ch. 84-309.

Note.-Former •. 335.13.

CHAPTER 338

LIMITED ACCESS, BRIDGE, AND TOLL FACILITIES; UTILITIES

338.01

338.02

338.03 338.04

338.05 338.06 338.065

338.07

338.071 338.08

Authority to establish and regulate limited access facilities.

Designation; new and existing facilities; grade crossing eliminations.

Design of limited access facility. Acquisition of property and property rights

for limited access facility and service roads.

Authority of local units to consent. Local service roads. General motorist services signs and busi

ness logo signs; fee schedule. State bridges, authority to erect; proce

dure. Safety inspection of bridges. Cooperation with adjoining states as to

connecting bridges.

547


338.12

338.13 338.14

338.15

338.155

338.16

338.17

338.18 338.19 338.20

338.21

338.22 338.221

338.222

338.223 338.225 338.227 338.228

338.229

338.231

338.232

338.234

338.235

338.237

338.239 338.241 338.244

Toll facilities; contracts for construction; franchises; supervision of construction.

Termination of ferry operation. Division of Road Operations may contract

with public project owners. Division of Road Operations may lease or

rent toll bridges of counties and municipalities; exception.

Payment of toll on toll facilities required; exemptions.

Certain toll bridges and toll roads prohibited.

Use of right-of-way for utilities subject to regulation; permit.

Damage to road caused by utility. Relocation of utility; expenses. Removal or relocation of utility facilities;

notice and order; court review. Elimination of railway-highway crossing

hazards. Florida Turnpike Law; short title. Definitions of terms used in ss. 338.22-

338.244. Department of Transportation sole govern

mental entity to acquire, construct, or operate turnpike project; exception.

Proposed turnpike projects; studies. Taking of public road for feeder road. Turnpike revenue bonds. Bonds not debts or pledges of credit of

state. Pledge to bondholders not to restrict cer

tain rights of department. Turnpike tolls, fixing; pledge of tolls and

other revenues. Continuation of tolls upon provision for

payment of bondholders and assumption of maintenance by department; combining of turnpike projects.

Prohibition against granting concessions or selling along turnpike projects; exceptions; when information centers allowed; Department of Citrus to advise on sale of citrus products.

Contracts with department for provision of services on turnpike projects.

Municipal signs on turnpike rights-of-way; limitations.

Traffic control on turnpike projects. Cash reserve requirement. Prohibition against certain expenditures

for publicizing or advertising turnpike projects.

338.01 Authority to establish and regulate limited access facilities.-

(1) The transportation and expressway authorities of the state, counties, and municipalities, referred to in this chapter as "authorities," acting alone or in cooperation with each other or with any federal, state, or local governmental entity or agency of any other state that is authorized to construct highways, are authorized to provide limited access facilities for public use. Any of the authorities may construct a limited access highway as a new facility or may designate an existing street or highway as included within

a limited access facility. However, if the limited access facility is entirely located within an incorporated municipality, such authority is subject to municipal consent; except that such consent is not necessary when such limited access facility is part of the interstate system.

(2) If the jurisdiction of the department or the commissioners over any public highway is jointly involved or would be affected by the exercise of such authority, their joint action or agreement is necessary to make the exercise of authority hereunder effective.

(3) Such action shall be taken by appropriate resolution or ordinance of the authority or authorities. Notice of such action shall be given by publication in a newspaper of general circulation in the locality affected at least 15 days before such authority becomes effective, and appropriate traffic signs and markers shall be erected along the facility affected to give due notice to public travel of the action to be taken.

(4) The authorities may regulate the use of such limited access facilities. No public road shall be connected with any such limited access facility without the prior approval of the authority having jurisdiction over the limited access facility. Such approval shall be given only if the public interest will be served.

(5) No automotive service station or other commercial establishment for serving motor vehicle users, except as authorized by law for a turnpike project, shall be located within the right-of-way of, or on publicly owned or leased land acquired or used for, a controlled limited access facility.

Dletory .......... Ill, ch. 29965, 1955; s. I, ch. 61·435; B8. 23, 35, ch. 69-106; s. 172, ch. 84-309. d .......... 334.03 Definition of limited acceBB facility.

338.02 Designation; new and existing facilities; grade crossing eliminations.-[Repealed by s. 173, ch. 84-309.]

338.03 Design of limited access facility. -[Repealed by s. 174, ch. 84-309.]

338.04 Acquisition of property and property rights for limited access facility and service roads.-

(1) Authorities may acquire private or public property and property rights for limited access facilities and service roads in the same manner as they are authorized to acquire property or property rights for highways, roads, and streets within their respective jurisdictions.

(2) In acquiring property or property rights for any limited access facility or service road, the authorities may acquire an entire lot, block, or tract of land if the interests of the public will be best served by the authorities' doing so, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.

Dletory .......... 114, ch. 29965, 1955; •. 175, ch. 84-309.

338.05 Authority of local units to consent. -[Repealed by s. 176, ch. 84-309.]

338.06 Local service roads.-[Repealed by s. 177, ch. 84-309.]

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338.065 General motorist services signs and business logo signs; fee schedule.-The department may, by rule, establish a fee schedule to be charged for the costs of placing general motorist services signs or specific business logo signs on the rightof-way of limited access highways outside urban or urbanized areas in accord with the uniform system of traffic control devices adopted pursuant to s. 316.0745. Such costs shall be limited to costs of sign materials and installation.

HI.tory.-s. 6, ch. 75·202; s. 178, ch. 84·309. Note.-Former s. 335.145.

338.07 State bridges, authority to erect; procedure.-[Repealed by s. 179, ch. 84-309.]

338.071 Safety inspection of bridges. -[Amended and transferred to s. 335.074 by s. 40, ch. 84-309.]

338.08 Cooperation with adjoining states as to connecting bridges.-[Repealed by s. 180, ch. 84-309.]

338.12 Toll facilities; contracts for construction; franchises; supervision of construction. -[Repealed by s. 181, ch. 84-309.]

338.13 Termination of ferry operation. -When, through the construction of roads or bridges' a reasonable alternative route is provided for users of a ferry operated by the state, and when all legal requirements or bond covenants relating to the operation of such ferry are satisfied, the operation of the ferry shall be terminated by the state.

Hi.tory.-s. 123, ch. 29965, 1955; ... 23,35, ch. 69·106; s. 2, ch. 78·378; s. 182, ch. 84·309.

338.14 Division of Road Operations may contract with public project owners.-[Repealed by s. 183, ch. 84-309.]

338.15 Division of Road Operations may lease or rent toll bridges of counties and municipalities; exception.-[Repealed by s. 184, ch. 84-309.]

338.155 Payment of toll on toll facilities required; exemptions.-No persons are permitted to use any toll facility operated by the department without payment of tolls, except employees of the agency operating the toll project when using the toll facility on official state business, state military personnel as defined in s. 347.19, persons exempt from toll payment by the authorizing resolution for bonds issued to finance the facility, and persons exempt on a temporary basis where use of such toll facility is required as a detour route. The failure to pay a prescribed toll constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hi.tory.-s. 1, ch. 59·70; ... 23,35, ch. 69·106; s. 243, ch. 71·136; s. 102, ch. 77·104; s. 185, ch. 84·309.

Note.-Former ... 340.121, 339.305.

338.16 Certain toll bridges and toll roads prohibited.-[Repealed by s. 186, ch. 84-309.]

338.17 Use of right-of-way for utilities subject to regulation; permit.-[Amended by s. 141, ch. 84-309, and transferred to s. 337.401.]

338.18 Damage to road caused by utility. -[Amended by s. 142, ch. 84-309, and transferred to s. 337.402.]

338.19 Relocation of utility; expenses. -[Amended by s. 143, ch. 84-309, and transferred to s. 3370403.]

338.20 Removal or relocation of utility facilities; notice and order; court review.-[Transferred by s. 144, ch. 84-309, and renumbered as s. 337.404.]

338.21 Elimination of railway-highway crossing hazards.-[Amended and transferred to s. 335.141 by s. 51, ch. 84-309.]

338.22 Florida Turnpike Law; short title. -Sections 338.22-338.244 may be cited as the "Florida Turnpike Law."

Hi.tory.-s. 1, ch. 28128, 1953; s. 187, ch. 84·309. Note.-Former s. 340.01.

338.221 Definitions of terms used in ss. 338.22-338.244.-As used in ss. 338.22-338.244, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

(1) "Bonds" or "revenue bonds" means bonds of the department authorized under the provisions of ss. 338.22-338.244.

(2) "Cost," as applied to a turnpike project, includes the cost of acquisition of all land, rights-ofway, property, easements, and interests acquired by the department for turnpike project construction, the cost of such construction, the cost of all machinery and equipment, financing charges, interest prior to and during construction; and, for such period after completion of construction as shall be determined by the department, the cost of traffic estimates and of engineering and legal expenses, plans, specifications, surveys, estimates of cost and revenues, other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing any such turnpike project, administrative expenses, and such other expenses as may be necessary or incident to the acquisition or construction of a turnpike project, the financing of such acquisition or construction, and the placing of the turnpike project in operation.

(3) "Feeder road" means any road which the department determines is necessary to create or facilitate access to a turnpike project.

(4) "Owner" includes any person or any governmental entity that has title to, or an interest in, any property, right, easement, or interest authorized to be acquired pursuant to ss. 338.22-338.244.

(5) "Revenues" means all tolls, charges, rentals, gifts, grants, moneys, and other funds coming into the possession, or under the control, of the department by virtue of the provisions hereof, except the

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proceeds from the sale of bonds issued under ss. 338.22-338.244.

(6) "Turnpike project" means any limited access highway, including any feeder road or other structure, appurtenance, or right acquired or constructed or to be acquired or constructed under the provisions of the Florida Turnpike Law.

History.-s. 4, ch. 28128, 1953; s. I, ch. 59-69; s. I, ch. 65-469; 88. 5, 9, ch. 67-359; 88. 23, 35, ch. 69-106; s. 99, ch. 71-355; s. 116. ch. 71-377; s. 99, ch. 73-333; s. 188, ch. 84-309.

Note.-Former ... 340.04, 340.011.

338.222 Department of Transportation sole governmental entity to acquire, construct, or operate turnpike project; exception.-No governmental entity other than the department may acquire, construct, maintain, or operate any toll turnpike project subsequent to the enactment of this law, except upon specific authorization of the Legislature.

History.-s. 2. ch. 28128. 1953; s. I , ch. 67-359; 88. 23, 35, ch. 69-106; s. 189, ch. 84-309.


338.223 Proposed turnpike projects; studies.(1) The department may authorize engineering

studies, traffic studies, and other expert studies of the location, costs, feasibility, and practicality of turnpike projects throughout the state. If it is found economically feasible, the department, with the approval of the Legislature, shall construct, maintain, and operate such turnpike projects. Any proposed turnpike project to be located wholly within one county is subject to the approval of the commissioners of such county.

(2) The department is authorized to expend, out of any funds available for the purpose, such moneys as may be necessary for the study of any turnpike project and to use its engineering and other resources for the purpose of effecting such study.

(3) All obligations and expenses incurred by the department under this section shall be paid by the department and charged to the appropriate turnpike project. The department shall keep proper records and accounts showing each amount that is so charged. All obligations and expenses so incurred shall be treated as part of the cost of such project and shall be reimbursed to the department out of the bonds authorized under ss. 338.22-338.244.

History.-s. 3, ch. 28128, 1953; s. I , ch. 29634, 1955; s. 2, ch. 67-359; 88.23, 35, ch. 69-106; s. 117, ch. 71-377; s. 190, ch. 84-309.


338.225 Taking of public road for feeder road.-Before taking over any existing public road for maintenance and operation as a feeder road, the department shall obtain the consent of the governmental entity then exercising jurisdiction over the road, which governmental entity is authorized to give such consent by resolution. Each feeder road or portion of a feeder road acquired, constructed, or taken over under this section for maintenance and operation shall, for all purposes of ss. 338.22-338.244, be deemed to constitute a part of the turnpike project, except that no toll shall be charged for transit between points on such feeder road.

History.-s. 11, ch. 28128, 1953; 88. 23, 35, ch. 69-106; s. 192, ch. 84-309. Note.- Former s. 340.11.

1338.227 Turnpike revenue bonds.-(1) The department is authorized to borrow mon

ey as provided by the State Bond Act for the purpose of paying all or any part of the cost of anyone or more turnpike projects. The principal of, and the interest on, such bonds will be payable solely from the funds herein provided for such payment.

(2) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the turnpike project or projects for which such bonds shall have been issued (subject to the power to invest and reinvest trust funds as provided by s. 215.77). Such proceeds shall be disbursed and used as provided by ss. 338.22-338.244 and in such manner and under such restrictions, if any, as the Division of Bond Finance may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same.

History.- s. 15, ch. 28128, 1953; s. I , ch. 68-114; 88. 23, 35, ch. 69-106; s. 121, ch. 71-377; s. 26, ch. 73-302; s. 196, ch. 84-309.

'Note.-Section 197, ch. 84-309, provides that any amendments, additions, or deletions to the provisions of chapter 338 resulting from that act have prospective application only, and shall not be construed to in any way alter, amend, or change the rights, duties, obligations, or remedies available to bolde", of outstanding bonds i88ued punuant to 88. 338.22-338.244, and outstandinK 88 of the effective date of such amendments, additions, or deletions, or the bond contracts for such outstanding bonds. The provisions of ch. 84-309 amending chapter 338 took effect October I, 1984.

Note.-Former s. 340.15. cf.-<IS. 215.57-215.83 State Bond Act.

338.228 Bonds not debts or pledges of credit of state.-Turnpike revenue bonds issued under the provisions of ss. 338.22-338.244 are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from the fund pledged for their payment or authorized herein. All such bonds shall contain a statement on their face that the state is not obligated to pay the same or the interest thereon and that the faith and credit of the state is not pledged to the payment of the principal or interest of such bonds. The issuance of turnpike revenue bonds under the provisions of ss. 338.22-338.244 does not, directly or indirectly or contingently, obligate the state to levy or to pledge any form of taxation whatsoever, or to make any appropriation for their payment. Except as provided in s. 338.223, no state funds shall be used, appropriated, or expended to plan, construct, reconstruct, maintain, service, repair, purchase, or lease any toll road authorized hereunder or to pay the principal or interest of any revenue certificates or other evidences of indebtedness issued for any such purpose. The Legislature does hereby determine that any such use of state funds would violate the State Constitution, and all such bonds shall contain a statement on their face to this effect.

Hiatory.- s. 13, ch. 28128, 1953; s. 194, ch. 84-309. Note.-Former s. 340.13.

338.229 Pledge to bondholders not to restrict certain rights of department.-The state does pledge to, and agree with, the holders of the bonds issued pursuant to ss. 338.22-338.244 that the state will not limit or restrict the rights vested in the department to construct, reconstruct, maintain, and operate any project as defined in ss. 338.22-338.244 or to establish and collect such tolls or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance

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Documents

Florida Statutes 1984, Supplement Volume · or stored in its jurisdiction. This fee shall be 50 per cent of the applicable state registration fee. However, the first $1 of every registration