Florida Senate - 2009 SENATOR AMENDMENT
Bill No. HB 1021, 1st Eng.
Barcode 728458
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/3R . Floor: C
05/01/2009 11:40 AM . 05/01/2009 02:59 PM
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Senator Gardiner moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 120.52, Florida Statutes, is amended to
6 read:
7 120.52 Definitions.—As used in this act:
8 (1) “Agency” means:
9 (a) The Governor in the exercise of all executive powers
10 other than those derived from the constitution.
11 (b) Each:
12 1. State officer and state department, and each
13 departmental unit described in s. 20.04.
14 2. Authority, including a regional water supply authority.
15 3. Board, including the Board of Governors of the State
16 University System and a state university board of trustees when
17 acting pursuant to statutory authority derived from the
18 Legislature.
19 4. Commission, including the Commission on Ethics and the
20 Fish and Wildlife Conservation Commission when acting pursuant
21 to statutory authority derived from the Legislature.
22 5. Regional planning agency.
23 6. Multicounty special district with a majority of its
24 governing board comprised of nonelected persons.
25 7. Educational units.
26 8. Entity described in chapters 163, 373, 380, and 582 and
27 s. 186.504.
28 (c) Each other unit of government in the state, including
29 counties and municipalities, to the extent they are expressly
30 made subject to this act by general or special law or existing
31 judicial decisions.
32
33 This definition does not include any legal entity or agency
34 created in whole or in part pursuant to chapter 361, part II,
35 any metropolitan planning organization created pursuant to s.
36 339.175, any separate legal or administrative entity created
37 pursuant to s. 339.175 of which a metropolitan planning
38 organization is a member, an expressway authority pursuant to
39 chapter 348 or any transportation authority under chapter 343 or
40 chapter 349, any legal or administrative entity created by an
41 interlocal agreement pursuant to s. 163.01(7), unless any party
42 to such agreement is otherwise an agency as defined in this
43 subsection, or any multicounty special district with a majority
44 of its governing board comprised of elected persons; however,
45 this definition shall include a regional water supply authority.
46 Section 2. Subsection (5) of section 125.42, Florida
47 Statutes, is amended to read:
48 125.42 Water, sewage, gas, power, telephone, other utility,
49 and television lines along county roads and highways.—
50 (5) In the event of widening, repair, or reconstruction of
51 any such road, the licensee shall move or remove such water,
52 sewage, gas, power, telephone, and other utility lines and
53 television lines at no cost to the county, except as provided in
54 s. 337.403(1)(e).
55 Section 3. Paragraphs (a), (h), and (j) of subsection (6)
56 of section 163.3177, Florida Statutes, are amended to read:
57 163.3177 Required and optional elements of comprehensive
58 plan; studies and surveys.—
59 (6) In addition to the requirements of subsections (1)-(5)
60 and (12), the comprehensive plan shall include the following
61 elements:
62 (a) A future land use plan element designating proposed
63 future general distribution, location, and extent of the uses of
64 land for residential uses, commercial uses, industry,
65 agriculture, recreation, conservation, education, public
66 buildings and grounds, other public facilities, and other
67 categories of the public and private uses of land. Counties are
68 encouraged to designate rural land stewardship areas, pursuant
69 to the provisions of paragraph (11)(d), as overlays on the
70 future land use map. Each future land use category must be
71 defined in terms of uses included, and must include standards to
72 be followed in the control and distribution of population
73 densities and building and structure intensities. The proposed
74 distribution, location, and extent of the various categories of
75 land use shall be shown on a land use map or map series which
76 shall be supplemented by goals, policies, and measurable
77 objectives. The future land use plan shall be based upon
78 surveys, studies, and data regarding the area, including the
79 amount of land required to accommodate anticipated growth; the
80 projected population of the area; the character of undeveloped
81 land; the availability of water supplies, public facilities, and
82 services; the need for redevelopment, including the renewal of
83 blighted areas and the elimination of nonconforming uses which
84 are inconsistent with the character of the community; the
85 compatibility of uses on lands adjacent to or closely proximate
86 to military installations; lands adjacent to an airport as
87 defined in s. 330.35 and consistent with s. 333.02; the
88 discouragement of urban sprawl; energy-efficient land use
89 patterns accounting for existing and future electric power
90 generation and transmission systems; greenhouse gas reduction
91 strategies; and, in rural communities, the need for job
92 creation, capital investment, and economic development that will
93 strengthen and diversify the community’s economy. The future
94 land use plan may designate areas for future planned development
95 use involving combinations of types of uses for which special
96 regulations may be necessary to ensure development in accord
97 with the principles and standards of the comprehensive plan and
98 this act. The future land use plan element shall include
99 criteria to be used to achieve the compatibility of lands
100 adjacent or closely proximate to lands with military
101 installations, and lands adjacent to an airport as defined in s.
102 330.35 and consistent with s. 333.02. In addition, for rural
103 communities, the amount of land designated for future planned
104 industrial use shall be based upon surveys and studies that
105 reflect the need for job creation, capital investment, and the
106 necessity to strengthen and diversify the local economies, and
107 may shall not be limited solely by the projected population of
108 the rural community. The future land use plan of a county may
109 also designate areas for possible future municipal
110 incorporation. The land use maps or map series shall generally
111 identify and depict historic district boundaries and shall
112 designate historically significant properties meriting
113 protection. For coastal counties, the future land use element
114 must include, without limitation, regulatory incentives and
115 criteria that encourage the preservation of recreational and
116 commercial working waterfronts as defined in s. 342.07. The
117 future land use element must clearly identify the land use
118 categories in which public schools are an allowable use. When
119 delineating the land use categories in which public schools are
120 an allowable use, a local government shall include in the
121 categories sufficient land proximate to residential development
122 to meet the projected needs for schools in coordination with
123 public school boards and may establish differing criteria for
124 schools of different type or size. Each local government shall
125 include lands contiguous to existing school sites, to the
126 maximum extent possible, within the land use categories in which
127 public schools are an allowable use. The failure by a local
128 government to comply with these school siting requirements will
129 result in the prohibition of the local government’s ability to
130 amend the local comprehensive plan, except for plan amendments
131 described in s. 163.3187(1)(b), until the school siting
132 requirements are met. Amendments proposed by a local government
133 for purposes of identifying the land use categories in which
134 public schools are an allowable use are exempt from the
135 limitation on the frequency of plan amendments contained in s.
136 163.3187. The future land use element shall include criteria
137 that encourage the location of schools proximate to urban
138 residential areas to the extent possible and shall require that
139 the local government seek to collocate public facilities, such
140 as parks, libraries, and community centers, with schools to the
141 extent possible and to encourage the use of elementary schools
142 as focal points for neighborhoods. For schools serving
143 predominantly rural counties, defined as a county with a
144 population of 100,000 or fewer, an agricultural land use
145 category is shall be eligible for the location of public school
146 facilities if the local comprehensive plan contains school
147 siting criteria and the location is consistent with such
148 criteria. Local governments required to update or amend their
149 comprehensive plan to include criteria and address compatibility
150 of lands adjacent or closely proximate to lands with existing
151 military installations, or lands adjacent to an airport as
152 defined in s. 330.35 and consistent with s. 333.02, in their
153 future land use plan element shall transmit the update or
154 amendment to the state land planning agency department by June
155 30, 2012 2006.
156 (h)1. An intergovernmental coordination element showing
157 relationships and stating principles and guidelines to be used
158 in the accomplishment of coordination of the adopted
159 comprehensive plan with the plans of school boards, regional
160 water supply authorities, and other units of local government
161 providing services but not having regulatory authority over the
162 use of land, with the comprehensive plans of adjacent
163 municipalities, the county, adjacent counties, or the region,
164 with the state comprehensive plan and with the applicable
165 regional water supply plan approved pursuant to s. 373.0361, as
166 the case may require and as such adopted plans or plans in
167 preparation may exist. This element of the local comprehensive
168 plan shall demonstrate consideration of the particular effects
169 of the local plan, when adopted, upon the development of
170 adjacent municipalities, the county, adjacent counties, or the
171 region, or upon the state comprehensive plan, as the case may
172 require.
173 a. The intergovernmental coordination element shall provide
174 for procedures to identify and implement joint planning areas,
175 especially for the purpose of annexation, municipal
176 incorporation, and joint infrastructure service areas.
177 b. The intergovernmental coordination element shall provide
178 for recognition of campus master plans prepared pursuant to s.
179 1013.30 and airport master plans under paragraph (k).
180 c. The intergovernmental coordination element may provide
181 for a voluntary dispute resolution process as established
182 pursuant to s. 186.509 for bringing to closure in a timely
183 manner intergovernmental disputes. A local government may
184 develop and use an alternative local dispute resolution process
185 for this purpose.
186 d. The intergovernmental coordination element shall provide
187 for interlocal agreements as established pursuant to s.
188 333.03(1)(b).
189 2. The intergovernmental coordination element shall further
190 state principles and guidelines to be used in the accomplishment
191 of coordination of the adopted comprehensive plan with the plans
192 of school boards and other units of local government providing
193 facilities and services but not having regulatory authority over
194 the use of land. In addition, the intergovernmental coordination
195 element shall describe joint processes for collaborative
196 planning and decisionmaking on population projections and public
197 school siting, the location and extension of public facilities
198 subject to concurrency, and siting facilities with countywide
199 significance, including locally unwanted land uses whose nature
200 and identity are established in an agreement. Within 1 year of
201 adopting their intergovernmental coordination elements, each
202 county, all the municipalities within that county, the district
203 school board, and any unit of local government service providers
204 in that county shall establish by interlocal or other formal
205 agreement executed by all affected entities, the joint processes
206 described in this subparagraph consistent with their adopted
207 intergovernmental coordination elements.
208 3. To foster coordination between special districts and
209 local general-purpose governments as local general-purpose
210 governments implement local comprehensive plans, each
211 independent special district must submit a public facilities
212 report to the appropriate local government as required by s.
213 189.415.
214 4.a. Local governments shall must execute an interlocal
215 agreement with the district school board, the county, and
216 nonexempt municipalities pursuant to s. 163.31777. The local
217 government shall amend the intergovernmental coordination
218 element to provide that coordination between the local
219 government and school board is pursuant to the agreement and
220 shall state the obligations of the local government under the
221 agreement.
222 b. Plan amendments that comply with this subparagraph are
223 exempt from the provisions of s. 163.3187(1).
224 5. The state land planning agency shall establish a
225 schedule for phased completion and transmittal of plan
226 amendments to implement subparagraphs 1., 2., and 3. from all
227 jurisdictions so as to accomplish their adoption by December 31,
228 1999. A local government may complete and transmit its plan
229 amendments to carry out these provisions prior to the scheduled
230 date established by the state land planning agency. The plan
231 amendments are exempt from the provisions of s. 163.3187(1).
232 6. By January 1, 2004, any county having a population
233 greater than 100,000, and the municipalities and special
234 districts within that county, shall submit a report to the
235 Department of Community Affairs which:
236 a. Identifies all existing or proposed interlocal service
237 delivery agreements regarding the following: education; sanitary
238 sewer; public safety; solid waste; drainage; potable water;
239 parks and recreation; and transportation facilities.
240 b. Identifies any deficits or duplication in the provision
241 of services within its jurisdiction, whether capital or
242 operational. Upon request, the Department of Community Affairs
243 shall provide technical assistance to the local governments in
244 identifying deficits or duplication.
245 7. Within 6 months after submission of the report, the
246 Department of Community Affairs shall, through the appropriate
247 regional planning council, coordinate a meeting of all local
248 governments within the regional planning area to discuss the
249 reports and potential strategies to remedy any identified
250 deficiencies or duplications.
251 8. Each local government shall update its intergovernmental
252 coordination element based upon the findings in the report
253 submitted pursuant to subparagraph 6. The report may be used as
254 supporting data and analysis for the intergovernmental
255 coordination element.
256 (j) For each unit of local government within an urbanized
257 area designated for purposes of s. 339.175, a transportation
258 element, which must shall be prepared and adopted in lieu of the
259 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
260 and (d) and which shall address the following issues:
261 1. Traffic circulation, including major thoroughfares and
262 other routes, including bicycle and pedestrian ways.
263 2. All alternative modes of travel, such as public
264 transportation, pedestrian, and bicycle travel.
265 3. Parking facilities.
266 4. Aviation, rail, seaport facilities, access to those
267 facilities, and intermodal terminals.
268 5. The availability of facilities and services to serve
269 existing land uses and the compatibility between future land use
270 and transportation elements.
271 6. The capability to evacuate the coastal population prior
272 to an impending natural disaster.
273 7. Airports, projected airport and aviation development,
274 and land use compatibility around airports, which includes areas
275 defined in ss. 333.01 and 333.02.
276 8. An identification of land use densities, building
277 intensities, and transportation management programs to promote
278 public transportation systems in designated public
279 transportation corridors so as to encourage population densities
280 sufficient to support such systems.
281 9. May include transportation corridors, as defined in s.
282 334.03, intended for future transportation facilities designated
283 pursuant to s. 337.273. If transportation corridors are
284 designated, the local government may adopt a transportation
285 corridor management ordinance.
286 10. The incorporation of transportation strategies to
287 address reduction in greenhouse gas emissions from the
288 transportation sector.
289 Section 4. Subsection (3) of section 163.3178, Florida
290 Statutes, is amended to read:
291 163.3178 Coastal management.—
292 (3) Expansions to port harbors, spoil disposal sites,
293 navigation channels, turning basins, harbor berths, and other
294 related inwater harbor facilities of ports listed in s.
295 403.021(9); port transportation facilities and projects listed
296 in s. 311.07(3)(b); and intermodal transportation facilities
297 identified pursuant to s. 311.09(3); and facilities determined
298 by the Department of Community Affairs and applicable general
299 purpose local government to be port-related industrial or
300 commercial projects located within 3 miles of or in a port
301 master plan area which rely upon the use of port and intermodal
302 transportation facilities shall not be designated as
303 developments of regional impact if where such expansions,
304 projects, or facilities are consistent with comprehensive master
305 plans that are in compliance with this section.
306 Section 5. Paragraph (c) is added to subsection (2) of
307 section 163.3182, Florida Statutes, and paragraph (d) of
308 subsection (3) and subsections (4), (5), and (8) of that section
309 are amended, to read:
310 163.3182 Transportation concurrency backlogs.—
311 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
312 AUTHORITIES.—
313 (c) The Legislature finds and declares that there exists in
314 many counties and municipalities areas that have significant
315 transportation deficiencies and inadequate transportation
316 facilities; that many insufficiencies and inadequacies severely
317 limit or prohibit the satisfaction of transportation concurrency
318 standards; that the transportation insufficiencies and
319 inadequacies affect the health, safety, and welfare of the
320 residents of these counties and municipalities; that the
321 transportation insufficiencies and inadequacies adversely affect
322 economic development and growth of the tax base for the areas in
323 which these insufficiencies and inadequacies exist; and that the
324 elimination of transportation deficiencies and inadequacies and
325 the satisfaction of transportation concurrency standards are
326 paramount public purposes for the state and its counties and
327 municipalities.
328 (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
329 AUTHORITY.—Each transportation concurrency backlog authority has
330 the powers necessary or convenient to carry out the purposes of
331 this section, including the following powers in addition to
332 others granted in this section:
333 (d) To borrow money, including, but not limited to, issuing
334 debt obligations such as, but not limited to, bonds, notes,
335 certificates, and similar debt instruments; to apply for and
336 accept advances, loans, grants, contributions, and any other
337 forms of financial assistance from the Federal Government or the
338 state, county, or any other public body or from any sources,
339 public or private, for the purposes of this part; to give such
340 security as may be required; to enter into and carry out
341 contracts or agreements; and to include in any contracts for
342 financial assistance with the Federal Government for or with
343 respect to a transportation concurrency backlog project and
344 related activities such conditions imposed under pursuant to
345 federal laws as the transportation concurrency backlog authority
346 considers reasonable and appropriate and which are not
347 inconsistent with the purposes of this section.
348 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.—
349 (a) Each transportation concurrency backlog authority shall
350 adopt a transportation concurrency backlog plan as a part of the
351 local government comprehensive plan within 6 months after the
352 creation of the authority. The plan must shall:
353 1. Identify all transportation facilities that have been
354 designated as deficient and require the expenditure of moneys to
355 upgrade, modify, or mitigate the deficiency.
356 2. Include a priority listing of all transportation
357 facilities that have been designated as deficient and do not
358 satisfy concurrency requirements pursuant to s. 163.3180, and
359 the applicable local government comprehensive plan.
360 3. Establish a schedule for financing and construction of
361 transportation concurrency backlog projects that will eliminate
362 transportation concurrency backlogs within the jurisdiction of
363 the authority within 10 years after the transportation
364 concurrency backlog plan adoption. The schedule shall be adopted
365 as part of the local government comprehensive plan.
366 (b) The adoption of the transportation concurrency backlog
367 plan shall be exempt from the provisions of s. 163.3187(1).
368
369 Notwithstanding such schedule requirements, as long as the
370 schedule provides for the elimination of all transportation
371 concurrency backlogs within 10 years after the adoption of the
372 concurrency backlog plan, the final maturity date of any debt
373 incurred to finance or refinance the related projects may be no
374 later than 40 years after the date the debt is incurred and the
375 authority may continue operations and administer the trust fund
376 established as provided in subsection (5) for as long as the
377 debt remains outstanding.
378 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
379 concurrency backlog authority shall establish a local
380 transportation concurrency backlog trust fund upon creation of
381 the authority. Each local trust fund shall be administered by
382 the transportation concurrency backlog authority within which a
383 transportation concurrency backlog has been identified. Each
384 local trust fund must continue to be funded under this section
385 for as long as the projects set forth in the related
386 transportation concurrency backlog plan remain to be completed
387 or until any debt incurred to finance or refinance the related
388 projects are no longer outstanding, whichever occurs later.
389 Beginning in the first fiscal year after the creation of the
390 authority, each local trust fund shall be funded by the proceeds
391 of an ad valorem tax increment collected within each
392 transportation concurrency backlog area to be determined
393 annually and shall be a minimum of 25 percent of the difference
394 between the amounts set forth in paragraphs (a) and (b), except
395 that if all of the affected taxing authorities agree under an
396 interlocal agreement, a particular local trust fund may be
397 funded by the proceeds of an ad valorem tax increment greater
398 than 25 percent of the difference between the amounts set forth
399 in paragraphs (a) and (b):
400 (a) The amount of ad valorem tax levied each year by each
401 taxing authority, exclusive of any amount from any debt service
402 millage, on taxable real property contained within the
403 jurisdiction of the transportation concurrency backlog authority
404 and within the transportation backlog area; and
405 (b) The amount of ad valorem taxes which would have been
406 produced by the rate upon which the tax is levied each year by
407 or for each taxing authority, exclusive of any debt service
408 millage, upon the total of the assessed value of the taxable
409 real property within the transportation concurrency backlog area
410 as shown on the most recent assessment roll used in connection
411 with the taxation of such property of each taxing authority
412 prior to the effective date of the ordinance funding the trust
413 fund.
414 (8) DISSOLUTION.—Upon completion of all transportation
415 concurrency backlog projects and repayment or defeasance of all
416 debt issued to finance or refinance such projects, a
417 transportation concurrency backlog authority shall be dissolved,
418 and its assets and liabilities shall be transferred to the
419 county or municipality within which the authority is located.
420 All remaining assets of the authority must be used for
421 implementation of transportation projects within the
422 jurisdiction of the authority. The local government
423 comprehensive plan shall be amended to remove the transportation
424 concurrency backlog plan.
425 Section 6. Subsection (7) of section 337.11, Florida
426 Statutes, is amended, present subsections (8) through (15) of
427 that section are renumbered as subsections (9) through (16),
428 respectively, and a new subsection (8) is added to that section,
429 to read:
430 337.11 Contracting authority of department; bids; emergency
431 repairs, supplemental agreements, and change orders; combined
432 design and construction contracts; progress payments; records;
433 requirements of vehicle registration.—
434 (7)(a) If the head of the department determines that it is
435 in the best interests of the public, the department may combine
436 the design and construction phases of a building, a major
437 bridge, a limited access facility, or a rail corridor project
438 into a single contract. Such contract is referred to as a
439 design-build contract. Design-build contracts may be advertised
440 and awarded notwithstanding the requirements of paragraph
441 (3)(c). However, construction activities may not begin on any
442 portion of such projects for which the department has not yet
443 obtained title to the necessary rights-of-way and easements for
444 the construction of that portion of the project has vested in
445 the state or a local governmental entity and all railroad
446 crossing and utility agreements have been executed. Title to
447 rights-of-way shall be deemed to have vested in the state when
448 the title has been dedicated to the public or acquired by
449 prescription.
450 (b) The department shall adopt by rule procedures for
451 administering design-build contracts. Such procedures shall
452 include, but not be limited to:
453 1. Prequalification requirements.
454 2. Public announcement procedures.
455 3. Scope of service requirements.
456 4. Letters of interest requirements.
457 5. Short-listing criteria and procedures.
458 6. Bid proposal requirements.
459 7. Technical review committee.
460 8. Selection and award processes.
461 9. Stipend requirements.
462 (c) The department must receive at least three letters of
463 interest in order to proceed with a request for proposals. The
464 department shall request proposals from no fewer than three of
465 the design-build firms submitting letters of interest. If a
466 design-build firm withdraws from consideration after the
467 department requests proposals, the department may continue if at
468 least two proposals are received.
469 (8) If the department determines that it is in the best
470 interest of the public, the department may pay a stipend to
471 nonselected design-build firms that have submitted responsive
472 proposals for construction contracts. The decision and amount of
473 a stipend shall be based upon department analysis of the
474 estimated proposal development costs and the anticipated degree
475 of engineering design during the procurement process. The
476 department retains the right to use those designs from
477 responsive nonselected design-build firms that accept a stipend.
478 Section 7. Paragraph (b) of subsection (1) of section
479 337.18, Florida Statutes, is amended to read:
480 337.18 Surety bonds for construction or maintenance
481 contracts; requirement with respect to contract award; bond
482 requirements; defaults; damage assessments.—
483 (1)
484 (b) Before beginning any work under the contract, the
485 contractor shall maintain a copy of the payment and performance
486 bond required under this section at its principal place of
487 business and at the jobsite office, if one is established, and
488 the contractor shall provide a copy of the payment and
489 performance bond within 5 days after receiving a written request
490 for the bond. A copy of the payment and performance bond
491 required under this section may also be obtained directly from
492 the department by making a request pursuant to chapter 119. Upon
493 execution of the contract, and prior to beginning any work under
494 the contract, the contractor shall record in the public records
495 of the county where the improvement is located the payment and
496 performance bond required under this section. A claimant has
497 shall have a right of action against the contractor and surety
498 for the amount due him or her, including unpaid finance charges
499 due under the claimant’s contract. The Such action may shall not
500 involve the department in any expense.
501 Section 8. Subsections (1), (2), and (7) of section
502 337.185, Florida Statutes, are amended to read:
503 337.185 State Arbitration Board.—
504 (1) To facilitate the prompt settlement of claims for
505 additional compensation arising out of construction and
506 maintenance contracts between the department and the various
507 contractors with whom it transacts business, the Legislature
508 does hereby establish the State Arbitration Board, referred to
509 in this section as the “board.” For the purpose of this section,
510 the term “claim” means shall mean the aggregate of all
511 outstanding claims by a party arising out of a construction or
512 maintenance contract. Every contractual claim in an amount up to
513 $250,000 per contract or, at the claimant’s option, up to
514 $500,000 per contract or, upon agreement of the parties, up to
515 $1 million per contract that cannot be resolved by negotiation
516 between the department and the contractor shall be arbitrated by
517 the board after acceptance of the project by the department. As
518 an exception, either party to the dispute may request that the
519 claim be submitted to binding private arbitration. A court of
520 law may not consider the settlement of such a claim until the
521 process established by this section has been exhausted.
522 (2) The board shall be composed of three members. One
523 member shall be appointed by the head of the department, and one
524 member shall be elected by those construction or maintenance
525 companies who are under contract with the department. The third
526 member shall be chosen by agreement of the other two members.
527 Whenever the third member has a conflict of interest regarding
528 affiliation with one of the parties, the other two members shall
529 select an alternate member for that hearing. The head of the
530 department may select an alternative or substitute to serve as
531 the department member for any hearing or term. Each member shall
532 serve a 2-year term. The board shall elect a chair, each term,
533 who shall be the administrator of the board and custodian of its
534 records.
535 (7) The members of the board may receive compensation for
536 the performance of their duties hereunder, from administrative
537 fees received by the board, except that no employee of the
538 department may receive compensation from the board. The
539 compensation amount shall be determined by the board, but may
540 shall not exceed $125 per hour, up to a maximum of $1,000 per
541 day for each member authorized to receive compensation. Nothing
542 in This section does not shall prevent the member elected by
543 construction or maintenance companies from being an employee of
544 an association affiliated with the industry, even if the sole
545 responsibility of that member is service on the board. Travel
546 expenses for the industry member may be paid by an industry
547 association, if necessary. The board may allocate funds annually
548 for clerical and other administrative services.
549 Section 9. Subsection (1) of section 337.403, Florida
550 Statutes, is amended to read:
551 337.403 Relocation of utility; expenses.—
552 (1) Any utility heretofore or hereafter placed upon, under,
553 over, or along any public road or publicly owned rail corridor
554 that is found by the authority to be unreasonably interfering in
555 any way with the convenient, safe, or continuous use, or the
556 maintenance, improvement, extension, or expansion, of such
557 public road or publicly owned rail corridor shall, upon 30 days’
558 written notice to the utility or its agent by the authority, be
559 removed or relocated by such utility at its own expense except
560 as provided in paragraphs (a)-(f) (a), (b), and (c).
561 (a) If the relocation of utility facilities, as referred to
562 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
563 627 of the 84th Congress, is necessitated by the construction of
564 a project on the federal-aid interstate system, including
565 extensions thereof within urban areas, and the cost of the such
566 project is eligible and approved for reimbursement by the
567 Federal Government to the extent of 90 percent or more under the
568 Federal Aid Highway Act, or any amendment thereof, then in that
569 event the utility owning or operating such facilities shall
570 relocate the such facilities upon order of the department, and
571 the state shall pay the entire expense properly attributable to
572 such relocation after deducting therefrom any increase in the
573 value of the new facility and any salvage value derived from the
574 old facility.
575 (b) When a joint agreement between the department and the
576 utility is executed for utility improvement, relocation, or
577 removal work to be accomplished as part of a contract for
578 construction of a transportation facility, the department may
579 participate in those utility improvement, relocation, or removal
580 costs that exceed the department’s official estimate of the cost
581 of the such work by more than 10 percent. The amount of such
582 participation shall be limited to the difference between the
583 official estimate of all the work in the joint agreement plus 10
584 percent and the amount awarded for this work in the construction
585 contract for such work. The department may not participate in
586 any utility improvement, relocation, or removal costs that occur
587 as a result of changes or additions during the course of the
588 contract.
589 (c) When an agreement between the department and utility is
590 executed for utility improvement, relocation, or removal work to
591 be accomplished in advance of a contract for construction of a
592 transportation facility, the department may participate in the
593 cost of clearing and grubbing necessary to perform such work.
594 (d) If the utility facility being removed or relocated was
595 initially installed to exclusively serve the department, its
596 tenants, or both, the department shall bear the costs of
597 removing or relocating that utility facility. However, the
598 department is not responsible for bearing the cost of removing
599 or relocating any subsequent additions to that facility for the
600 purpose of serving others.
601 (e) If, under an agreement between a utility and the
602 authority entered into after July 1, 2009, the utility conveys,
603 subordinates, or relinquishes a compensable property right to
604 the authority for the purpose of accommodating the acquisition
605 or use of the right-of-way by the authority, without the
606 agreement expressly addressing future responsibility for the
607 cost of removing or relocating the utility, the authority shall
608 bear the cost of removal or relocation. This paragraph does not
609 impair or restrict, and may not be used to interpret, the terms
610 of any such agreement entered into before July 1, 2009.
611 (f) If the utility is an electric facility being relocated
612 underground in order to enhance vehicular, bicycle, and
613 pedestrian safety and in which ownership of the electric
614 facility to be placed underground has been transferred from a
615 private to a public utility within the past 5 years, the
616 department shall incur all costs of the relocation.
617 Section 10. Subsections (4) and (5) of section 337.408,
618 Florida Statutes, are amended, present subsection (7) of that
619 section is renumbered as subsection (8), and a new subsection
620 (7) is added to that section, to read:
621 337.408 Regulation of benches, transit shelters, street
622 light poles, waste disposal receptacles, and modular news racks
623 within rights-of-way.—
624 (4) The department has the authority to direct the
625 immediate relocation or removal of any bench, transit shelter,
626 waste disposal receptacle, public pay telephone, or modular news
627 rack that which endangers life or property, except that transit
628 bus benches that were which have been placed in service before
629 prior to April 1, 1992, are not required to comply with bench
630 size and advertising display size requirements which have been
631 established by the department before prior to March 1, 1992. Any
632 transit bus bench that was in service before prior to April 1,
633 1992, may be replaced with a bus bench of the same size or
634 smaller, if the bench is damaged or destroyed or otherwise
635 becomes unusable. The department may is authorized to adopt
636 rules relating to the regulation of bench size and advertising
637 display size requirements. If a municipality or county within
638 which a bench is to be located has adopted an ordinance or other
639 applicable regulation that establishes bench size or advertising
640 display sign requirements different from requirements specified
641 in department rule, the local government requirement applies
642 shall be applicable within the respective municipality or
643 county. Placement of any bench or advertising display on the
644 National Highway System under a local ordinance or regulation
645 adopted under pursuant to this subsection is shall be subject to
646 approval of the Federal Highway Administration.
647 (5) A No bench, transit shelter, waste disposal receptacle,
648 public pay telephone, or modular news rack, or advertising
649 thereon, may not shall be erected or so placed on the right-of
650 way of any road in a manner that which conflicts with the
651 requirements of federal law, regulations, or safety standards,
652 thereby causing the state or any political subdivision the loss
653 of federal funds. Competition among persons seeking to provide
654 bench, transit shelter, waste disposal receptacle, public pay
655 telephone, or modular news rack services or advertising on such
656 benches, shelters, receptacles, public pay telephone, or news
657 racks may be regulated, restricted, or denied by the appropriate
658 local government entity consistent with the provisions of this
659 section.
660 (7) A public pay telephone, including advertising displayed
661 thereon, may be installed within the right-of-way limits of any
662 municipal, county, or state road, except on a limited access
663 highway, if the pay telephone is installed by a provider duly
664 authorized and regulated by the Public Service Commission under
665 s. 364.3375, if the pay telephone is operated in accordance with
666 all applicable state and federal telecommunications regulations,
667 and if written authorization has been given to a public pay
668 telephone provider by the appropriate municipal or county
669 government. Each advertisement must be limited to a size no
670 greater than 8 square feet and a public pay telephone booth may
671 not display more than three advertisements at any given time. An
672 advertisement is not allowed on public pay telephones located in
673 rest areas, welcome centers, or other such facilities located on
674 an interstate highway.
675 Section 11. Subsection (6) is added to section 338.01,
676 Florida Statutes, to read:
677 338.01 Authority to establish and regulate limited access
678 facilities.—
679 (6) All new limited access facilities and existing
680 transportation facilities on which new or replacement electronic
681 toll collection systems are installed shall be interoperable
682 with the department’s electronic toll-collection system.
683 Section 12. Present subsections (7) and (8) of section
684 338.165, Florida Statutes, are renumbered as subsections (8) and
685 (9), respectively, and a new subsection (7) is added to that
686 section, to read:
687 338.165 Continuation of tolls.—
688 (7) This section does not apply to high-occupancy toll
689 lanes or express lanes.
690 Section 13. Section 338.166, Florida Statutes, is created
691 to read:
692 338.166 High-occupancy toll lanes or express lanes.—
693 (1) Under s. 11, Art. VII of the State Constitution, the
694 department may request the Division of Bond Finance to issue
695 bonds secured by toll revenues collected on high-occupancy toll
696 lanes or express lanes located on Interstate 95 in Miami-Dade
697 and Broward Counties.
698 (2) The department may continue to collect the toll on the
699 high-occupancy toll lanes or express lanes after the discharge
700 of any bond indebtedness related to such project. All tolls so
701 collected shall first be used to pay the annual cost of the
702 operation, maintenance, and improvement of the high-occupancy
703 toll lanes or express lanes project or associated transportation
704 system.
705 (3) Any remaining toll revenue from the high-occupancy toll
706 lanes or express lanes shall be used by the department for the
707 construction, maintenance, or improvement of any road on the
708 State Highway System.
709 (4) The department may implement variable-rate tolls on
710 high-occupancy toll lanes or express lanes.
711 (5) Except for high-occupancy toll lanes or express lanes,
712 tolls may not be charged for use of an interstate highway where
713 tolls were not charged as of July 1, 1997.
714 (6) This section does not apply to the turnpike system as
715 defined under the Florida Turnpike Enterprise Law.
716 Section 14. Paragraph (d) is added to subsection (1) of
717 section 338.2216, Florida Statutes, to read:
718 338.2216 Florida Turnpike Enterprise; powers and
719 authority.—
720 (1)
721 (d) The Florida Turnpike Enterprise shall pursue and
722 implement new technologies and processes in its operations and
723 collection of tolls and the collection of other amounts
724 associated with road and infrastructure usage. Such technologies
725 and processes must include, without limitation, video billing
726 and variable pricing.
727 Section 15. Section 338.231, Florida Statutes, is amended
728 to read:
729 338.231 Turnpike tolls, fixing; pledge of tolls and other
730 revenues.—The department shall at all times fix, adjust, charge,
731 and collect such tolls and amounts for the use of the turnpike
732 system as are required in order to provide a fund sufficient
733 with other revenues of the turnpike system to pay the cost of
734 maintaining, improving, repairing, and operating such turnpike
735 system; to pay the principal of and interest on all bonds issued
736 to finance or refinance any portion of the turnpike system as
737 the same become due and payable; and to create reserves for all
738 such purposes.
739 (1) In the process of effectuating toll rate increases over
740 the period 1988 through 1992, the department shall, to the
741 maximum extent feasible, equalize the toll structure, within
742 each vehicle classification, so that the per mile toll rate will
743 be approximately the same throughout the turnpike system. New
744 turnpike projects may have toll rates higher than the uniform
745 system rate where such higher toll rates are necessary to
746 qualify the project in accordance with the financial criteria in
747 the turnpike law. Such higher rates may be reduced to the
748 uniform system rate when the project is generating sufficient
749 revenues to pay the full amount of debt service and operating
750 and maintenance costs at the uniform system rate. If, after 15
751 years of opening to traffic, the annual revenue of a turnpike
752 project does not meet or exceed the annual debt service
753 requirements and operating and maintenance costs attributable to
754 such project, the department shall, to the maximum extent
755 feasible, establish a toll rate for the project which is higher
756 than the uniform system rate as necessary to meet such annual
757 debt service requirements and operating and maintenance costs.
758 The department may, to the extent feasible, establish a
759 temporary toll rate at less than the uniform system rate for the
760 purpose of building patronage for the ultimate benefit of the
761 turnpike system. In no case shall the temporary rate be
762 established for more than 1 year. The requirements of this
763 subsection shall not apply when the application of such
764 requirements would violate any covenant established in a
765 resolution or trust indenture relating to the issuance of
766 turnpike bonds.
767 (1)(2) Notwithstanding any other provision of law, the
768 department may defer the scheduled July 1, 1993, toll rate
769 increase on the Homestead Extension of the Florida Turnpike
770 until July 1, 1995. The department may also advance funds to the
771 Turnpike General Reserve Trust Fund to replace estimated lost
772 revenues resulting from this deferral. The amount advanced must
773 be repaid within 12 years from the date of advance; however, the
774 repayment is subordinate to all other debt financing of the
775 turnpike system outstanding at the time repayment is due.
776 (2)(3) The department shall publish a proposed change in
777 the toll rate for the use of an existing toll facility, in the
778 manner provided for in s. 120.54, which will provide for public
779 notice and the opportunity for a public hearing before the
780 adoption of the proposed rate change. When the department is
781 evaluating a proposed turnpike toll project under s. 338.223 and
782 has determined that there is a high probability that the project
783 will pass the test of economic feasibility predicated on
784 proposed toll rates, the toll rate that is proposed to be
785 charged after the project is constructed must be adopted during
786 the planning and project development phase of the project, in
787 the manner provided for in s. 120.54, including public notice
788 and the opportunity for a public hearing. For such a new
789 project, the toll rate becomes effective upon the opening of the
790 project to traffic.
791 (3)(a)(4) For the period July 1, 1998, through June 30,
792 2017, the department shall, to the maximum extent feasible,
793 program sufficient funds in the tentative work program such that
794 the percentage of turnpike toll and bond financed commitments in
795 Miami-Dade County, Broward County, and Palm Beach County as
796 compared to total turnpike toll and bond financed commitments
797 shall be at least 90 percent of the share of net toll
798 collections attributable to users of the turnpike system in
799 Miami-Dade County, Broward County, and Palm Beach County as
800 compared to total net toll collections attributable to users of
801 the turnpike system. The requirements of This subsection does do
802 not apply when the application of such requirements would
803 violate any covenant established in a resolution or trust
804 indenture relating to the issuance of turnpike bonds. The
805 department may at any time for economic considerations establish
806 lower temporary toll rates for a new or existing toll facility
807 for a period not to exceed 1 year, after which the toll rates
808 adopted pursuant to s. 120.54 shall become effective.
809 (b) The department shall also fix, adjust, charge, and
810 collect such amounts needed to cover the costs of administering
811 the different toll-collection and payment methods, and types of
812 accounts being offered and used, in the manner provided for in
813 s. 120.54 which will provide for public notice and the
814 opportunity for a public hearing before adoption. Such amounts
815 may stand alone, be incorporated in a toll rate structure, or be
816 a combination of the two.
817 (4)(5) When bonds are outstanding which have been issued to
818 finance or refinance any turnpike project, the tolls and all
819 other revenues derived from the turnpike system and pledged to
820 such bonds shall be set aside as may be provided in the
821 resolution authorizing the issuance of such bonds or the trust
822 agreement securing the same. The tolls or other revenues or
823 other moneys so pledged and thereafter received by the
824 department are immediately subject to the lien of such pledge
825 without any physical delivery thereof or further act. The lien
826 of any such pledge is valid and binding as against all parties
827 having claims of any kind in tort or contract or otherwise
828 against the department irrespective of whether such parties have
829 notice thereof. Neither the resolution nor any trust agreement
830 by which a pledge is created need be filed or recorded except in
831 the records of the department.
832 (5)(6) In each fiscal year while any of the bonds of the
833 Broward County Expressway Authority series 1984 and series 1986
834 A remain outstanding, the department is authorized to pledge
835 revenues from the turnpike system to the payment of principal
836 and interest of such series of bonds and the operation and
837 maintenance expenses of the Sawgrass Expressway, to the extent
838 gross toll revenues of the Sawgrass Expressway are insufficient
839 to make such payments. The terms of an agreement relative to the
840 pledge of turnpike system revenue will be negotiated with the
841 parties of the 1984 and 1986 Broward County Expressway Authority
842 lease-purchase agreements, and subject to the covenants of those
843 agreements. The agreement must shall establish that the Sawgrass
844 Expressway is shall be subject to the planning, management, and
845 operating control of the department limited only by the terms of
846 the lease-purchase agreements. The department shall provide for
847 the payment of operation and maintenance expenses of the
848 Sawgrass Expressway until such agreement is in effect. This
849 pledge of turnpike system revenues is shall be subordinate to
850 the debt service requirements of any future issue of turnpike
851 bonds, the payment of turnpike system operation and maintenance
852 expenses, and subject to provisions of any subsequent resolution
853 or trust indenture relating to the issuance of such turnpike
854 bonds.
855 (6)(7) The use and disposition of revenues pledged to bonds
856 are subject to the provisions of ss. 338.22-338.241 and such
857 regulations as the resolution authorizing the issuance of the
858 such bonds or such trust agreement may provide.
859 Section 16. Subsection (4) of section 339.12, Florida
860 Statutes, is amended to read:
861 339.12 Aid and contributions by governmental entities for
862 department projects; federal aid.—
863 (4)(a) Prior to accepting the contribution of road bond
864 proceeds, time warrants, or cash for which reimbursement is
865 sought, the department shall enter into agreements with the
866 governing body of the governmental entity for the project or
867 project phases in accordance with specifications agreed upon
868 between the department and the governing body of the
869 governmental entity. The department in no instance is to receive
870 from such governmental entity an amount in excess of the actual
871 cost of the project or project phase. By specific provision in
872 the written agreement between the department and the governing
873 body of the governmental entity, the department may agree to
874 reimburse the governmental entity for the actual amount of the
875 bond proceeds, time warrants, or cash used on a highway project
876 or project phases that are not revenue producing and are
877 contained in the department’s adopted work program, or any
878 public transportation project contained in the adopted work
879 program. Subject to appropriation of funds by the Legislature,
880 the department may commit state funds for reimbursement of such
881 projects or project phases. Reimbursement to the governmental
882 entity for such a project or project phase must be made from
883 funds appropriated by the Legislature, and reimbursement for the
884 cost of the project or project phase is to begin in the year the
885 project or project phase is scheduled in the work program as of
886 the date of the agreement. Funds advanced pursuant to this
887 section, which were originally designated for transportation
888 purposes and so reimbursed to a county or municipality, shall be
889 used by the county or municipality for any transportation
890 expenditure authorized under s. 336.025(7). Also, cities and
891 counties may receive funds from persons, and reimburse those
892 persons, for the purposes of this section. Such persons may
893 include, but are not limited to, those persons defined in s.
894 607.01401(19).
895 (b) Prior to entering an agreement to advance a project or
896 project phase pursuant to this subsection and subsection (5),
897 the department shall first update the estimated cost of the
898 project or project phase and certify that the estimate is
899 accurate and consistent with the amount estimated in the adopted
900 work program. If the original estimate and the updated estimate
901 vary, the department shall amend the adopted work program
902 according to the amendatory procedures for the work program set
903 forth in s. 339.135(7). The amendment shall reflect all
904 corresponding increases and decreases to the affected projects
905 within the adopted work program.
906 (c) The department may enter into agreements under this
907 subsection for a project or project phase not included in the
908 adopted work program. As used in this paragraph, the term
909 “project phase” means acquisition of rights-of-way,
910 construction, construction inspection, and related support
911 phases. The project or project phase must be a high priority of
912 the governmental entity. Reimbursement for a project or project
913 phase must be made from funds appropriated by the Legislature
914 pursuant to s. 339.135(5). All other provisions of this
915 subsection apply to agreements entered into under this
916 paragraph. The total amount of project agreements for projects
917 or project phases not included in the adopted work program
918 authorized by this paragraph may not at any time exceed $250
919 $100 million. However, notwithstanding such $250 $100 million
920 limit and any similar limit in s. 334.30, project advances for
921 any inland county with a population greater than 500,000
922 dedicating amounts equal to $500 million or more of its Local
923 Government Infrastructure Surtax pursuant to s. 212.055(2) for
924 improvements to the State Highway System which are included in
925 the local metropolitan planning organization’s or the
926 department’s long-range transportation plans shall be excluded
927 from the calculation of the statewide limit of project advances.
928 (d) The department may enter into agreements under this
929 subsection with any county that has a population of 150,000 or
930 fewer as determined by the most recent official estimate under
931 s. 186.901 for a project or project phase not included in the
932 adopted work program. As used in this paragraph, the term
933 “project phase” means acquisition of rights-of-way,
934 construction, construction inspection, and related support
935 phases. The project or project phase must be a high priority of
936 the governmental entity. Reimbursement for a project or project
937 phase must be made from funds appropriated by the Legislature
938 under s. 339.135(5). All other provisions of this subsection
939 apply to agreements entered into under this paragraph. The total
940 amount of project agreements for projects or project phases not
941 included in the adopted work program authorized by this
942 paragraph may not at any time exceed $200 million. The project
943 must be included in the local government’s adopted comprehensive
944 plan. The department may enter into long-term repayment
945 agreements of up to 30 years.
946 Section 17. Paragraph (d) of subsection (7) of section
947 339.135, Florida Statutes, is amended to read:
948 339.135 Work program; legislative budget request;
949 definitions; preparation, adoption, execution, and amendment.—
950 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
951 (d)1. Whenever the department proposes any amendment to the
952 adopted work program, as defined in subparagraph (c)1. or
953 subparagraph (c)3., which deletes or defers a construction phase
954 on a capacity project, it shall notify each county affected by
955 the amendment and each municipality within the county. The
956 notification shall be issued in writing to the chief elected
957 official of each affected county, each municipality within the
958 county, and the chair of each affected metropolitan planning
959 organization. Each affected county and each municipality in the
960 county is encouraged to coordinate with each other in order to
961 determine how the amendment affects local concurrency management
962 and regional transportation planning efforts. Each affected
963 county, and each municipality within the county, shall have 14
964 days to provide written comments to the department regarding how
965 the amendment will affect its respective concurrency management
966 systems, including whether any development permits were issued
967 contingent upon the capacity improvement, if applicable. After
968 receipt of written comments from the affected local governments,
969 the department shall include any written comments submitted by
970 such local governments in its preparation of the proposed
971 amendment.
972 2. Following the 14-day comment period in subparagraph 1.,
973 if applicable, whenever the department proposes any amendment to
974 the adopted work program, which amendment is defined in
975 subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
976 subparagraph (c)4., it shall submit the proposed amendment to
977 the Governor for approval and shall immediately notify the
978 chairs of the legislative appropriations committees, the chairs
979 of the legislative transportation committees, and each member of
980 the Legislature who represents a district affected by the
981 proposed amendment. It shall also notify, each metropolitan
982 planning organization affected by the proposed amendment, and
983 each unit of local government affected by the proposed
984 amendment, unless it provided to each the notification required
985 by subparagraph 1. Such proposed amendment shall provide a
986 complete justification of the need for the proposed amendment.
987 3.2. The Governor may shall not approve a proposed
988 amendment until 14 days following the notification required in
989 subparagraph 2. 1.
990 4.3. If either of the chairs of the legislative
991 appropriations committees or the President of the Senate or the
992 Speaker of the House of Representatives objects in writing to a
993 proposed amendment within 14 days following notification and
994 specifies the reasons for such objection, the Governor shall
995 disapprove the proposed amendment.
996 Section 18. Subsection (3) and paragraphs (b) and (c) of
997 subsection (4) of section 339.2816, Florida Statutes, are
998 amended to read:
999 339.2816 Small County Road Assistance Program.—
1000 (3) Beginning with fiscal year 1999-2000 until fiscal year
1001 2009-2010, and beginning again with fiscal year 2012-2013, up to
1002 $25 million annually from the State Transportation Trust Fund
1003 may be used for the purposes of funding the Small County Road
1004 Assistance Program as described in this section.
1005 (4)
1006 (b) In determining a county’s eligibility for assistance
1007 under this program, the department may consider whether the
1008 county has attempted to keep county roads in satisfactory
1009 condition, including the amount of local option fuel tax and ad
1010 valorem millage rate imposed by the county. The department may
1011 also consider the extent to which the county has offered to
1012 provide a match of local funds with state funds provided under
1013 the program. At a minimum, small counties shall be eligible only
1014 if:
1015 1. the county has enacted the maximum rate of the local
1016 option fuel tax authorized by s. 336.025(1)(a), and has imposed
1017 an ad valorem millage rate of at least 8 mills; or
1018 2. The county has imposed an ad valorem millage rate of 10
1019 mills.
1020 (c) The following criteria must shall be used to prioritize
1021 road projects for funding under the program:
1022 1. The primary criterion is the physical condition of the
1023 road as measured by the department.
1024 2. As secondary criteria the department may consider:
1025 a. Whether a road is used as an evacuation route.
1026 b. Whether a road has high levels of agricultural travel.
1027 c. Whether a road is considered a major arterial route.
1028 d. Whether a road is considered a feeder road.
1029 e. Whether a road is located in a fiscally constrained
1030 county, as defined in s. 218.67(1).
1031 f.e. Other criteria related to the impact of a project on
1032 the public road system or on the state or local economy as
1033 determined by the department.
1034 Section 19. Paragraph (c) of subsection (4) of section
1035 348.0003, Florida Statutes, is amended to read:
1036 348.0003 Expressway authority; formation; membership.—
1037 (4)
1038 (c) Members of each expressway an authority, transportation
1039 authority, bridge authority, or toll authority, created pursuant
1040 to this chapter, chapter 343, or chapter 349 or any other
1041 legislative enactment shall be required to comply with the
1042 applicable financial disclosure requirements of s. 8, Art. II of
1043 the State Constitution. This paragraph does not subject any
1044 statutorily created authority, other than an expressway
1045 authority created under this part, to any other requirement of
1046 this part except the requirement of this paragraph.
1047 Section 20. Subsection (1) of section 479.01, Florida
1048 Statutes, is amended to read:
1049 479.01 Definitions.—As used in this chapter, the term:
1050 (1) “Automatic changeable facing” means a facing that which
1051 through a mechanical system is capable of delivering two or more
1052 advertising messages through an automated or remotely controlled
1053 process and shall not rotate so rapidly as to cause distraction
1054 to a motorist.
1055 Section 21. Subsections (1), (5), and (9) of section
1056 479.07, Florida Statutes, are amended to read:
1057 479.07 Sign permits.—
1058 (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
1059 person may not erect, operate, use, or maintain, or cause to be
1060 erected, operated, used, or maintained, any sign on the State
1061 Highway System outside an urban incorporated area, as defined in
1062 s. 334.03(32), or on any portion of the interstate or federal
1063 aid primary highway system without first obtaining a permit for
1064 the sign from the department and paying the annual fee as
1065 provided in this section. As used in For purposes of this
1066 section, the term “on any portion of the State Highway System,
1067 interstate, or federal-aid primary system” means shall mean a
1068 sign located within the controlled area which is visible from
1069 any portion of the main-traveled way of such system.
1070 (5)(a) For each permit issued, the department shall furnish
1071 to the applicant a serially numbered permanent metal permit tag.
1072 The permittee is responsible for maintaining a valid permit tag
1073 on each permitted sign facing at all times. The tag shall be
1074 securely attached to the sign facing or, if there is no facing,
1075 on the pole nearest the highway; and it shall be attached in
1076 such a manner as to be plainly visible from the main-traveled
1077 way. Effective July 1, 2012, the tag must be securely attached
1078 to the upper 50 percent of the pole nearest the highway and must
1079 be attached in such a manner as to be plainly visible from the
1080 main-traveled way. The permit becomes will become void unless
1081 the permit tag is properly and permanently displayed at the
1082 permitted site within 30 days after the date of permit issuance.
1083 If the permittee fails to erect a completed sign on the
1084 permitted site within 270 days after the date on which the
1085 permit was issued, the permit will be void, and the department
1086 may not issue a new permit to that permittee for the same
1087 location for 270 days after the date on which the permit became
1088 void.
1089 (b) If a permit tag is lost, stolen, or destroyed, the
1090 permittee to whom the tag was issued must apply to the
1091 department for a replacement tag. The department shall adopt a
1092 rule establishing a service fee for replacement tags in an
1093 amount that will recover the actual cost of providing the
1094 replacement tag. Upon receipt of the application accompanied by
1095 the a service fee of $3, the department shall issue a
1096 replacement permit tag. Alternatively, the permittee may provide
1097 its own replacement tag pursuant to department specifications
1098 that the department shall adopt by rule at the time it
1099 establishes the service fee for replacement tags.
1100 (9)(a) A permit shall not be granted for any sign for which
1101 a permit had not been granted by the effective date of this act
1102 unless such sign is located at least:
1103 1. One thousand five hundred feet from any other permitted
1104 sign on the same side of the highway, if on an interstate
1105 highway.
1106 2. One thousand feet from any other permitted sign on the
1107 same side of the highway, if on a federal-aid primary highway.
1108
1109 The minimum spacing provided in this paragraph does not
1110 preclude the permitting of V-type, back-to-back, side-to-side,
1111 stacked, or double-faced signs at the permitted sign site. If a
1112 sign is visible from the controlled area of more than one
1113 highway subject to the jurisdiction of the department, the sign
1114 shall meet the permitting requirements of, and, if the sign
1115 meets the applicable permitting requirements, be permitted to,
1116 the highway having the more stringent permitting requirements.
1117 (b) A permit shall not be granted for a sign pursuant to
1118 this chapter to locate such sign on any portion of the
1119 interstate or federal-aid primary highway system, which sign:
1120 1. Exceeds 50 feet in sign structure height above the crown
1121 of the main-traveled way, if outside an incorporated area;
1122 2. Exceeds 65 feet in sign structure height above the crown
1123 of the main-traveled way, if inside an incorporated area; or
1124 3. Exceeds 950 square feet of sign facing including all
1125 embellishments.
1126 (c) Notwithstanding subparagraph (a)1., there is
1127 established a pilot program in Orange, Hillsborough, and Osceola
1128 Counties, and within the boundaries of the City of Miami, under
1129 which the distance between permitted signs on the same side of
1130 an interstate highway may be reduced to 1,000 feet if all other
1131 requirements of this chapter are met and if:
1132 1. The local government has adopted a plan, program,
1133 resolution, ordinance, or other policy encouraging the voluntary
1134 removal of signs in a downtown, historic, redevelopment, infill,
1135 or other designated area which also provides for a new or
1136 replacement sign to be erected on an interstate highway within
1137 that jurisdiction if a sign in the designated area is removed;
1138 2. The sign owner and the local government mutually agree
1139 to the terms of the removal and replacement; and
1140 3. The local government notifies the department of its
1141 intention to allow such removal and replacement as agreed upon
1142 pursuant to subparagraph 2.
1143
1144 The department shall maintain statistics tracking the use
1145 of the provisions of this pilot program based on the
1146 notifications received by the department from local governments
1147 under this paragraph.
1148 (d) Nothing in This subsection does not shall be construed
1149 so as to cause a sign that which was conforming on October 1,
1150 1984, to become nonconforming.
1151 Section 22. Section 479.08, Florida Statutes, is amended to
1152 read:
1153 479.08 Denial or revocation of permit.—The department may
1154 has the authority to deny or revoke any permit requested or
1155 granted under this chapter in any case in which it determines
1156 that the application for the permit contains knowingly false or
1157 misleading information. The department may revoke any permit
1158 granted under this chapter in any case in which or that the
1159 permittee has violated any of the provisions of this chapter,
1160 unless such permittee, within 30 days after the receipt of
1161 notice by the department, corrects such false or misleading
1162 information and complies with the provisions of this chapter.
1163 For the purpose of this section, the notice of violation issued
1164 by the department must describe in detail the alleged violation.
1165 Any person aggrieved by any action of the department in denying
1166 or revoking a permit under this chapter may, within 30 days
1167 after receipt of the notice, apply to the department for an
1168 administrative hearing pursuant to chapter 120. If a timely
1169 request for hearing has been filed and the department issues a
1170 final order revoking a permit, such revocation shall be
1171 effective 30 days after the date of rendition. Except for
1172 department action pursuant to s. 479.107(1), the filing of a
1173 timely and proper notice of appeal shall operate to stay the
1174 revocation until the department’s action is upheld.
1175 Section 23. Section 479.156, Florida Statutes, is amended
1176 to read:
1177 479.156 Wall murals.—Notwithstanding any other provision of
1178 this chapter, a municipality or county may permit and regulate
1179 wall murals within areas designated by such government. If a
1180 municipality or county permits wall murals, a wall mural that
1181 displays a commercial message and is within 660 feet of the
1182 nearest edge of the right-of-way within an area adjacent to the
1183 interstate highway system or the federal-aid primary highway
1184 system shall be located in an area that is zoned for industrial
1185 or commercial use and the municipality or county shall establish
1186 and enforce regulations for such areas that, at a minimum, set
1187 forth criteria governing the size, lighting, and spacing of wall
1188 murals consistent with the intent of the Highway Beautification
1189 Act of 1965 and with customary use. Whenever a municipality or
1190 county exercises such control and makes a determination of
1191 customary use pursuant to 23 U.S.C. s. 131(d), such
1192 determination shall be accepted in lieu of controls in the
1193 agreement between the state and the United States Department of
1194 Transportation, and the department shall notify the Federal
1195 Highway Administration pursuant to the agreement, 23 U.S.C. s.
1196 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
1197 subject to municipal or county regulation and the Highway
1198 Beautification Act of 1965 must be approved by the Department of
1199 Transportation and the Federal Highway Administration when
1200 required by federal law and federal regulation under and may not
1201 violate the agreement between the state and the United States
1202 Department of Transportation and or violate federal regulations
1203 enforced by the Department of Transportation under s. 479.02(1).
1204 The existence of a wall mural as defined in s. 479.01(27) shall
1205 not be considered in determining whether a sign as defined in s.
1206 479.01(17), either existing or new, is in compliance with s.
1207 479.07(9)(a).
1208 Section 24. Subsections (1), (3), (4), and (5) of section
1209 479.261, Florida Statutes, are amended to read:
1210 479.261 Logo sign program.—
1211 (1) The department shall establish a logo sign program for
1212 the rights-of-way of the interstate highway system to provide
1213 information to motorists about available gas, food, lodging, and
1214 camping, attractions, and other services, as approved by the
1215 Federal Highway Administration, at interchanges, through the use
1216 of business logos, and may include additional interchanges under
1217 the program. A logo sign for nearby attractions may be added to
1218 this program if allowed by federal rules.
1219 (a) An attraction as used in this chapter is defined as an
1220 establishment, site, facility, or landmark that which is open a
1221 minimum of 5 days a week for 52 weeks a year; that which charges
1222 an admission for entry; which has as its principal focus family
1223 oriented entertainment, cultural, educational, recreational,
1224 scientific, or historical activities; and that which is publicly
1225 recognized as a bona fide tourist attraction. However, the
1226 permits for businesses seeking to participate in the attractions
1227 logo sign program shall be awarded by the department annually to
1228 the highest bidders, notwithstanding the limitation on fees in
1229 subsection (5), which are qualified for available space at each
1230 qualified location, but the fees therefor may not be less than
1231 the fees established for logo participants in other logo
1232 categories.
1233 (b) The department shall incorporate the use of RV-friendly
1234 markers on specific information logo signs for establishments
1235 that cater to the needs of persons driving recreational
1236 vehicles. Establishments that qualify for participation in the
1237 specific information logo program and that also qualify as “RV
1238 friendly” may request the RV-friendly marker on their specific
1239 information logo sign. An RV-friendly marker must consist of a
1240 design approved by the Federal Highway Administration. The
1241 department shall adopt rules in accordance with chapter 120 to
1242 administer this paragraph, including rules setting forth the
1243 minimum requirements that establishments must meet in order to
1244 qualify as RV-friendly. These requirements shall include large
1245 parking spaces, entrances, and exits that can easily accommodate
1246 recreational vehicles and facilities having appropriate overhead
1247 clearances, if applicable.
1248 (c) The department may implement a 3-year rotation-based
1249 logo program providing for the removal and addition of
1250 participating businesses in the program.
1251 (3) Logo signs may be installed upon the issuance of an
1252 annual permit by the department or its agent and payment of a an
1253 application and permit fee to the department or its agent.
1254 (4) The department may contract pursuant to s. 287.057 for
1255 the provision of services related to the logo sign program,
1256 including recruitment and qualification of businesses, review of
1257 applications, permit issuance, and fabrication, installation,
1258 and maintenance of logo signs. The department may reject all
1259 proposals and seek another request for proposals or otherwise
1260 perform the work. If the department contracts for the provision
1261 of services for the logo sign program, the contract must
1262 require, unless the business owner declines, that businesses
1263 that previously entered into agreements with the department to
1264 privately fund logo sign construction and installation be
1265 reimbursed by the contractor for the cost of the signs which has
1266 not been recovered through a previously agreed upon waiver of
1267 fees. The contract also may allow the contractor to retain a
1268 portion of the annual fees as compensation for its services.
1269 (5) Permit fees for businesses that participate in the
1270 program must be established in an amount sufficient to offset
1271 the total cost to the department for the program, including
1272 contract costs. The department shall provide the services in the
1273 most efficient and cost-effective manner through department
1274 staff or by contracting for some or all of the services. The
1275 department shall adopt rules that set reasonable rates based
1276 upon factors such as population, traffic volume, market demand,
1277 and costs for annual permit fees. However, annual permit fees
1278 for sign locations inside an urban area, as defined in s.
1279 334.03(32), may not exceed $5,000, and annual permit fees for
1280 sign locations outside an urban area, as defined in s.
1281 334.03(32), may not exceed $2,500. After recovering program
1282 costs, the proceeds from the logo program shall be deposited
1283 into the State Transportation Trust Fund and used for
1284 transportation purposes. Such annual permit fee shall not exceed
1285 $1,250.
1286 Section 25. The Department of Transportation, in
1287 consultation with the Department of Law Enforcement, the
1288 Department of Environmental Protection, the Division of
1289 Emergency Management of the Department of Community Affairs, the
1290 Office of Tourism, Trade, and Economic Development, affected
1291 metropolitan planning organizations, and regional planning
1292 councils within whose jurisdictional area the I-95 corridor
1293 lies, shall complete a study of transportation alternatives for
1294 the travel corridor parallel to Interstate 95 which takes into
1295 account the transportation, emergency management, homeland
1296 security, and economic development needs of the state. The
1297 report must include identification of cost-effective measures
1298 that may be implemented to alleviate congestion on Interstate
1299 95, facilitate emergency and security responses, and foster
1300 economic development. The Department of Transportation shall
1301 send the report to the Governor, the President of the Senate,
1302 the Speaker of the House of Representatives, and each affected
1303 metropolitan planning organization by June 30, 2010.
1304 Section 26. (1) Part III of chapter 343, Florida Statutes,
1305 consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1306 343.76, and 343.77, is repealed.
1307 (2) Any assets or liabilities of the Tampa Bay Commuter
1308 Transit Authority are transferred to the Tampa Bay Area Regional
1309 Transportation Authority as created under s. 343.92, Florida
1310 Statutes.
1311 Section 27. This act shall take effect July 1, 2009.
1312
1313 ================= T I T L E A M E N D M E N T ================
1314 And the title is amended as follows:
1315 Delete everything before the enacting clause
1316 and insert:
1317 A bill to be entitled
1318 An act relating to transportation; amending s. 120.52,
1319 F.S.; redefining the term “agency” for purposes of ch. 120,
1320 F.S., to include certain regional transportation and transit
1321 authorities; amending s. 125.42, F.S.; providing for counties to
1322 incur certain costs related to the relocation or removal of
1323 certain utility facilities under specified circumstances;
1324 amending s. 163.3177, F.S.; revising requirements for
1325 comprehensive plans; providing a timeframe for submission of
1326 certain information to the state land planning agency; providing
1327 for airports, land adjacent to airports, and certain interlocal
1328 agreements relating thereto in certain elements of the plan;
1329 amending s. 163.3178, F.S.; providing that certain port-related
1330 facilities may not be designated as developments of regional
1331 impact under certain circumstances; amending s. 163.3182, F.S.,
1332 relating to transportation concurrency backlog authorities;
1333 providing legislative findings and declarations; expanding the
1334 power of authorities to borrow money to include issuing certain
1335 debt obligations; providing a maximum maturity date for certain
1336 debt incurred to finance or refinance certain transportation
1337 concurrency backlog projects; authorizing authorities to
1338 continue operations and administer certain trust funds for the
1339 period of the remaining outstanding debt; requiring local
1340 transportation concurrency backlog trust funds to continue to be
1341 funded for certain purposes; providing for increased ad valorem
1342 tax increment funding for such trust funds under certain
1343 circumstances; revising provisions for dissolution of an
1344 authority; amending s. 337.11, F.S.; providing for the
1345 department to pay a portion of certain proposal development
1346 costs; requiring the department to advertise certain contracts
1347 as design-build contracts; amending s. 337.18, F.S.; requiring
1348 the contractor to maintain a copy of the required payment and
1349 performance bond at certain locations and provide a copy upon
1350 request; providing that a copy may be obtained directly from the
1351 department; removing a provision requiring that a copy be
1352 recorded in the public records of the county; amending s.
1353 337.185, F.S.; providing for the State Arbitration Board to
1354 arbitrate certain claims relating to maintenance contracts;
1355 providing for a member of the board to be elected by maintenance
1356 companies as well as construction companies; amending s.
1357 337.403, F.S.; providing for the department or local
1358 governmental entity to pay certain costs of removal or
1359 relocation of a utility facility that is found to be interfering
1360 with the use, maintenance, improvement, extension, or expansion
1361 of a public road or publicly owned rail corridor under described
1362 circumstances; amending s. 337.408, F.S.; providing for public
1363 pay telephones and advertising thereon to be installed within
1364 the right-of-way limits of any municipal, county, or state road;
1365 amending s. 338.01, F.S.; requiring new and replacement
1366 electronic toll collection systems to be interoperable with the
1367 department’s system; amending s. 338.165, F.S.; providing that
1368 provisions requiring the continuation of tolls following the
1369 discharge of bond indebtedness does not apply to high-occupancy
1370 toll lanes or express lanes; creating s. 338.166, F.S.;
1371 authorizing the department to request that bonds be issued which
1372 are secured by toll revenues from high-occupancy toll or express
1373 lanes in a specified location; providing for the department to
1374 continue to collect tolls after discharge of indebtedness;
1375 authorizing the use of excess toll revenues for improvements to
1376 the State Highway System; authorizing the implementation of
1377 variable rate tolls on high-occupancy toll lanes or express
1378 lanes; amending s. 338.2216, F.S.; directing the Florida
1379 Turnpike Enterprise to implement new technologies and processes
1380 in its operations and collection of tolls and other amounts;
1381 amending s. 338.231, F.S.; revising provisions for establishing
1382 and collecting tolls; authorizing the collection of amounts to
1383 cover costs of toll collection and payment methods; requiring
1384 public notice and hearing; amending s. 339.12, F.S.; revising
1385 requirements for aid and contributions by governmental entities
1386 for transportation projects; revising limits under which the
1387 department may enter into an agreement with a county for a
1388 project or project phase not in the adopted work program;
1389 authorizing the department to enter into certain long-term
1390 repayment agreements; amending s. 339.135, F.S.; revising
1391 certain notice provisions that require the Department of
1392 Transportation to notify local governments regarding amendments
1393 to an adopted 5-year work program; amending s. 339.2816, F.S.,
1394 relating to the small county road assistance program; providing
1395 for resumption of certain funding for the program; revising the
1396 criteria for counties eligible to participate in the program;
1397 amending s. 348.0003, F.S.; requiring transportation, bridge,
1398 and toll authorities to comply with the financial disclosure
1399 requirements of the State Constitution; amending s. 479.01,
1400 F.S.; revising provisions for outdoor advertising; revising the
1401 definition of the term “automatic changeable facing”; amending
1402 s. 479.07, F.S.; revising a prohibition against signs on the
1403 State Highway System; revising requirements for display of the
1404 sign permit tag; directing the department to establish by rule a
1405 fee for furnishing a replacement permit tag; revising the pilot
1406 project for permitted signs to include Hillsborough County and
1407 areas within the boundaries of the City of Miami; amending s.
1408 479.08, F.S.; revising provisions for denial or revocation of a
1409 sign permit; amending s. 479.156, F.S.; clarifying that a
1410 municipality or county is authorized to make a determination of
1411 customary use with respect to regulations governing commercial
1412 wall murals and that such determination must be accepted in lieu
1413 of any agreement between the state and the United States
1414 Department of Transportation; amending s. 479.261, F.S.;
1415 revising requirements for the logo sign program of the
1416 interstate highway system; deleting provisions providing for
1417 permits to be awarded to the highest bidders; requiring the
1418 department to implement a rotation-based logo program; requiring
1419 the department to adopt rules that set reasonable rates based on
1420 certain factors for annual permit fees; requiring that such fees
1421 not exceed a certain amount for sign locations inside and
1422 outside an urban area; requiring the department to conduct a
1423 study of transportation alternatives for the Interstate 95
1424 corridor and report to the Governor, the Legislature, and the
1425 affected metropolitan planning organizations; repealing part III
1426 of ch. 343 F.S., relating to the Tampa Bay Commuter Transit
1427 Authority; transferring any assets to the Tampa Bay Area
1428 Regional Transportation Authority; providing an effective date.