Senate Bill sb2494

    Florida Senate - 2003                                  SB 2494

    By Senator Wise





    5-1715-03

  1                      A bill to be entitled

  2         An act relating to state transportation

  3         facilities; amending s. 335.02, F.S.; defining

  4         the term "jurisdiction and control"; providing

  5         that a local governmental ordinance or rule is

  6         not applicable to a transportation facility

  7         designated as part of the State Highway System

  8         to the extent that such ordinance or rule

  9         conflicts with the rules of the Department of

10         Transportation or imposes a burden on the

11         department regarding the designated facility;

12         providing an effective date.

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

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16         Section 1.  Subsection (1) of section 335.02, Florida

17  Statutes, is amended to read:

18         335.02  Authority to designate transportation

19  facilities and rights-of-way and establish lanes; procedure

20  for redesignation and relocation.--

21         (1)  The department shall have the authority to locate

22  and designate certain transportation facilities as part of the

23  State Highway System and to construct and maintain them with

24  funds available to the department.  Any transportation

25  facility when so located and designated shall become the

26  property of the state and shall be under the jurisdiction and

27  control of the department. The term "jurisdiction and control"

28  means that a local governmental ordinance or rule is

29  inapplicable to state projects for the building of a

30  designated transportation facility to the extent that such

31  ordinance or rule conflicts with any rule adopted by the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2494
    5-1715-03




 1  department or imposes an additional burden, financial or

 2  otherwise, on the department when designing, constructing, or

 3  maintaining the designated transportation facility. Such a

 4  transportation facility may not be redesignated or relocated

 5  until after a public hearing is conducted by the department in

 6  each county affected. Reasonable notice of the hearing shall

 7  be published in a newspaper of general circulation in such

 8  county 14 days prior to the hearing in addition to any other

 9  notice required by law.  Any interested party shall have the

10  opportunity to be heard either in person or by counsel and to

11  introduce testimony in such person's behalf at the hearing.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                          SENATE SUMMARY

17    Provides that a local governmental ordinance or rule does
      not apply to state projects designated as part of the
18    State Highway System to the extent that the ordinance or
      rule conflicts with rules of the Department of
19    Transportation or imposes a burden on the department
      regarding the designated transportation facility.
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CODING: Words stricken are deletions; words underlined are additions.