HB 1021

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	requiring the department to conduct a study of
4	transportation alternatives for the Interstate 95
5	corridor; requiring a report to the Governor, Legislature,
6	and affected metropolitan planning organizations by a
7	certain date; amending s. 20.23, F.S.; providing for the
8	salary and benefits of the executive director of the
9	Florida Transportation Commission to be set in accordance
10	with the Senior Management Service; amending s. 125.42,
11	F.S.; providing for counties to incur certain costs
12	related to relocation or removal of certain utility
13	facilities under specified circumstances; amending s.
14	163.3177, F.S.; revising requirements for comprehensive
15	plans; providing a timeframe for submission of certain
16	information to the state land planning agency; providing
17	for airports, land adjacent to airports, and certain
18	interlocal agreements relating thereto in certain elements
19	of the plan; amending s. 163.3178, F.S.; providing that
20	certain port-related facilities are not developments of
21	regional impact under certain circumstances; amending s.
22	163.3182, F.S., relating to transportation concurrency
23	backlog authorities; providing legislative findings and
24	declarations; expanding the power of authorities to borrow
25	money to include issuing certain debt obligations;
26	providing a maximum maturity date for certain debt
27	incurred to finance or refinance certain transportation
28	concurrency backlog projects; authorizing authorities to
29	continue operations and administer certain trust funds for
30	the period of the remaining outstanding debt; requiring
31	local transportation concurrency backlog trust funds to
32	continue to be funded for certain purposes; providing for
33	increased ad valorem tax increment funding for such trust
34	funds under certain circumstances; revising provisions for
35	dissolution of an authority; amending s. 287.055, F.S.;
36	conforming a cross-reference; amending s. 334.044, F.S.;
37	clarifying the department's authority to establish and
38	collect variable rate tolls; amending s. 337.11, F.S.;
39	providing for the department to pay a portion of certain
40	proposal development costs; providing that the department
41	shall retain the right to use ideas from unsuccessful
42	firms that accept the stipend; establishing a goal for the
43	department to procure certain contracts as design-build
44	contracts; authorizing the department to adopt rules;
45	amending ss. 337.14 and 337.16, F.S.; conforming cross-
46	references; amending s. 337.18, F.S.; requiring the
47	contractor to maintain a copy of the required payment and
48	performance bond at certain locations and provide a copy
49	upon request; providing that a copy may be obtained
50	directly from the department; removing a provision
51	requiring a copy to be recorded in the public records of
52	the county; amending s. 337.185, F.S.; providing for the
53	State Arbitration Board to arbitrate certain claims
54	relating to maintenance contracts; providing for a member
55	of the board to be elected by maintenance companies or
56	construction companies; amending s. 337.403, F.S.;
57	providing for the department or local governmental entity
58	to pay certain costs of removal or relocation of a utility
59	facility that is found to be interfering with the use,
60	maintenance, improvement, extension, or expansion of a
61	public road or publicly owned rail corridor under
62	described circumstances; amending s. 337.408, F.S.;
63	providing for public pay telephones and advertising
64	thereon to be installed within the right-of-way limits of
65	any municipal, county, or state road; providing
66	exceptions; amending s. 338.01, F.S.; requiring new and
67	replacement electronic toll collection systems to be
68	interoperable with the department's system; amending s.
69	338.165, F.S.; authorizing the department to use excess
70	toll revenues for public transit; exempting toll rates on
71	high-occupancy toll lanes or express lanes from consumer
72	price indexing provisions; removing specific
73	identification of certain state-owned toll facilities in
74	the department's authority to request issuance of bonds to
75	fund transportation projects located within the county or
76	counties in which the project is located; amending s.
77	338.2216, F.S.; directing the Florida Turnpike Enterprise
78	to implement new technologies and processes in its
79	operations and collection of tolls and other amounts;
80	amending s. 338.223, F.S.; conforming a cross-reference;
81	amending s. 338.231, F.S.; revising provisions for
82	establishing and collecting tolls; authorizing collection
83	of amounts to cover costs of toll collection and payment
84	methods; requiring public notice and hearing; amending s.
85	339.12, F.S.; revising requirements for aid and
86	contributions by governmental entities for transportation
87	projects; revising limits under which the department may
88	enter into an agreement with a county for a project or
89	project phase not in the adopted work program; authorizing
90	the department to enter into certain long-term repayment
91	agreements; amending s. 339.135, F.S.; revising certain
92	notice provisions that require the department to notify
93	local governments regarding amendments to an adopted 5-
94	year work program; amending s. 339.155, F.S.; revising
95	provisions for development of the Florida Transportation
96	Plan; removing provisions for a short-range component and
97	an annual performance report; amending s. 339.2816, F.S.,
98	relating to the Small County Road Assistance Program;
99	providing for resumption of certain funding for the
100	program; revising the criteria for counties eligible to
101	participate in the program; amending ss. 339.2819 and
102	339.285, F.S.; conforming cross-references; repealing part
103	III of ch. 343 F.S.; abolishing the Tampa Bay Commuter
104	Transit Authority; amending s. 348.0003, F.S.; providing
105	for financial disclosure for expressway, transportation,
106	bridge, and toll authorities; amending s. 348.0004, F.S.;
107	providing for certain expressway authorities to index toll
108	rate increases; amending s. 479.01, F.S.; revising
109	provisions for outdoor advertising; revising the
110	definition of the term "automatic changeable facing";
111	amending s. 479.07, F.S.; revising a prohibition against
112	signs on the State Highway System; revising requirements
113	for display of the sign permit tag; directing the
114	department to establish by rule a fee for furnishing a
115	replacement permit tag; revising the pilot project for
116	permitted signs to include Hillsborough County and areas
117	within the boundaries of the City of Miami; amending s.
118	479.08, F.S.; revising provisions for denial or revocation
119	of a sign permit; amending s. 479.156, F.S.; modifying
120	provisions for local government control of the regulation
121	of wall murals adjacent to certain federal highways;
122	providing for notification to the Federal Highway
123	Administration; amending s. 479.261, F.S.; revising
124	requirements for the logo sign program of the interstate
125	highway system; deleting provisions for permits to be
126	awarded to the highest bidders; authorizing the department
127	to implement a rotation-based logo program; requiring the
128	department to adopt rules that set reasonable rates based
129	on certain factors for annual permit fees; requiring that
130	such fees not exceed a certain amount for sign locations
131	inside and outside an urban area; creating a business
132	partnership pilot program; authorizing the Palm Beach
133	County School District to display names of business
134	partners on district property in unincorporated areas;
135	exempting the program from specified provisions;
136	authorizing the expenditure of public funds for certain
137	alterations of Old Cutler Road in the Village of Palmetto
138	Bay; requiring the official approval of the Department of
139	State before any alterations may begin; amending s.
140	120.52, F.S.; revising the definition of the term
141	"agency"; directing the Department of Transportation to
142	establish an approved transportation methodology for a
143	certain purpose; providing requirements; providing
144	effective dates.
145
146	Be It Enacted by the Legislature of the State of Florida:
147
148	Section 1.  The Department of Transportation, in
149	consultation with the Department of Law Enforcement, the
150	Division of Emergency Management of the Department of Community
151	Affairs, the Office of Tourism, Trade, and Economic Development,
152	and regional planning councils within whose jurisdictional area
153	the I-95 corridor lies, shall complete a study of transportation
154	alternatives for the travel corridor parallel to Interstate 95
155	which takes into account the transportation, emergency
156	management, homeland security, and economic development needs of
157	the state. The report must include the identification of cost
158	effective measures that may be implemented to alleviate
159	congestion on Interstate 95, facilitate emergency and security
160	responses, and foster economic development. The Department of
161	Transportation shall send the report to the Governor, the
162	President of the Senate, the Speaker of the House of
163	Representatives, and each affected metropolitan planning
164	organization by June 30, 2010.
165	Section 2.  Paragraph (h) of subsection (2) of section
166	20.23, Florida Statutes, is amended to read:
167	20.23  Department of Transportation.--There is created a
168	Department of Transportation which shall be a decentralized
169	agency.
170	(2)
171	(h)  The commission shall appoint an executive director and
172	assistant executive director, who shall serve under the
173	direction, supervision, and control of the commission. The
174	executive director, with the consent of the commission, shall
175	employ such staff as are necessary to perform adequately the
176	functions of the commission, within budgetary limitations. All
177	employees of the commission are exempt from part II of chapter
178	110 and shall serve at the pleasure of the commission. The
179	salary and benefits of the executive director shall be set in
180	accordance with the Senior Management Service. The salaries and
181	benefits of all other employees of the commission shall be set
182	in accordance with the Selected Exempt Service; provided,
183	however, that the commission has shall have complete authority
184	for fixing the salary of the executive director and assistant
185	executive director.
186	Section 3.  Subsection (5) of section 125.42, Florida
187	Statutes, is amended to read:
188	125.42  Water, sewage, gas, power, telephone, other
189	utility, and television lines along county roads and highways.--
190	(5)  In the event of widening, repair, or reconstruction of
191	any such road, the licensee shall move or remove such water,
192	sewage, gas, power, telephone, and other utility lines and
193	television lines at no cost to the county except as provided in
194	s. 337.403(1)(e).
195	Section 4.  Paragraphs (a), (h), and (j) of subsection (6)
196	of section 163.3177, Florida Statutes, are amended to read:
197	163.3177  Required and optional elements of comprehensive
198	plan; studies and surveys.--
199	(6)  In addition to the requirements of subsections (1)-(5)
200	and (12), the comprehensive plan shall include the following
201	elements:
202	(a)  A future land use plan element designating proposed
203	future general distribution, location, and extent of the uses of
204	land for residential uses, commercial uses, industry,
205	agriculture, recreation, conservation, education, public
206	buildings and grounds, other public facilities, and other
207	categories of the public and private uses of land. Counties are
208	encouraged to designate rural land stewardship areas, pursuant
209	to the provisions of paragraph (11)(d), as overlays on the
210	future land use map. Each future land use category must be
211	defined in terms of uses included, and must include standards to
212	be followed in the control and distribution of population
213	densities and building and structure intensities. The proposed
214	distribution, location, and extent of the various categories of
215	land use shall be shown on a land use map or map series which
216	shall be supplemented by goals, policies, and measurable
217	objectives. The future land use plan shall be based upon
218	surveys, studies, and data regarding the area, including the
219	amount of land required to accommodate anticipated growth; the
220	projected population of the area; the character of undeveloped
221	land; the availability of water supplies, public facilities, and
222	services; the need for redevelopment, including the renewal of
223	blighted areas and the elimination of nonconforming uses which
224	are inconsistent with the character of the community; the
225	compatibility of uses on lands adjacent to or closely proximate
226	to military installations and lands adjacent to an airport as
227	defined in s. 330.35 and consistent with provisions in s.
228	333.02; the discouragement of urban sprawl; energy-efficient
229	land use patterns accounting for existing and future electric
230	power generation and transmission systems; greenhouse gas
231	reduction strategies; and, in rural communities, the need for
232	job creation, capital investment, and economic development that
233	will strengthen and diversify the community's economy. The
234	future land use plan may designate areas for future planned
235	development use involving combinations of types of uses for
236	which special regulations may be necessary to ensure development
237	in accord with the principles and standards of the comprehensive
238	plan and this act. The future land use plan element shall
239	include criteria to be used to achieve the compatibility of
240	adjacent or closely proximate lands with military installations
241	and lands adjacent to an airport as defined in s. 330.35 and
242	consistent with provisions in s. 333.02. In addition, for rural
243	communities, the amount of land designated for future planned
244	industrial use shall be based upon surveys and studies that
245	reflect the need for job creation, capital investment, and the
246	necessity to strengthen and diversify the local economies, and
247	shall not be limited solely by the projected population of the
248	rural community. The future land use plan of a county may also
249	designate areas for possible future municipal incorporation. The
250	land use maps or map series shall generally identify and depict
251	historic district boundaries and shall designate historically
252	significant properties meriting protection. For coastal
253	counties, the future land use element must include, without
254	limitation, regulatory incentives and criteria that encourage
255	the preservation of recreational and commercial working
256	waterfronts as defined in s. 342.07. The future land use element
257	must clearly identify the land use categories in which public
258	schools are an allowable use. When delineating the land use
259	categories in which public schools are an allowable use, a local
260	government shall include in the categories sufficient land
261	proximate to residential development to meet the projected needs
262	for schools in coordination with public school boards and may
263	establish differing criteria for schools of different type or
264	size. Each local government shall include lands contiguous to
265	existing school sites, to the maximum extent possible, within
266	the land use categories in which public schools are an allowable
267	use. The failure by a local government to comply with these
268	school siting requirements will result in the prohibition of the
269	local government's ability to amend the local comprehensive
270	plan, except for plan amendments described in s. 163.3187(1)(b),
271	until the school siting requirements are met. Amendments
272	proposed by a local government for purposes of identifying the
273	land use categories in which public schools are an allowable use
274	are exempt from the limitation on the frequency of plan
275	amendments contained in s. 163.3187. The future land use element
276	shall include criteria that encourage the location of schools
277	proximate to urban residential areas to the extent possible and
278	shall require that the local government seek to collocate public
279	facilities, such as parks, libraries, and community centers,
280	with schools to the extent possible and to encourage the use of
281	elementary schools as focal points for neighborhoods. For
282	schools serving predominantly rural counties, defined as a
283	county with a population of 100,000 or fewer, an agricultural
284	land use category shall be eligible for the location of public
285	school facilities if the local comprehensive plan contains
286	school siting criteria and the location is consistent with such
287	criteria. Local governments required to update or amend their
288	comprehensive plan to include criteria and address compatibility
289	of lands adjacent to an airport as defined in s. 330.35 and
290	consistent with provisions in s. 333.02 adjacent or closely
291	proximate lands with existing military installations in their
292	future land use plan element shall transmit the update or
293	amendment to the state land planning agency department by June
294	30, 2012 2006.
295	(h)1.  An intergovernmental coordination element showing
296	relationships and stating principles and guidelines to be used
297	in the accomplishment of coordination of the adopted
298	comprehensive plan with the plans of school boards, regional
299	water supply authorities, and other units of local government
300	providing services but not having regulatory authority over the
301	use of land, with the comprehensive plans of adjacent
302	municipalities, the county, adjacent counties, or the region,
303	with the state comprehensive plan and with the applicable
304	regional water supply plan approved pursuant to s. 373.0361, as
305	the case may require and as such adopted plans or plans in
306	preparation may exist. This element of the local comprehensive
307	plan shall demonstrate consideration of the particular effects
308	of the local plan, when adopted, upon the development of
309	adjacent municipalities, the county, adjacent counties, or the
310	region, or upon the state comprehensive plan, as the case may
311	require.
312	a.  The intergovernmental coordination element shall
313	provide for procedures to identify and implement joint planning
314	areas, especially for the purpose of annexation, municipal
315	incorporation, and joint infrastructure service areas.
316	b.  The intergovernmental coordination element shall
317	provide for recognition of campus master plans prepared pursuant
318	to s. 1013.30 and airport master plans pursuant to paragraph
319	(k).
320	c.  The intergovernmental coordination element may provide
321	for a voluntary dispute resolution process as established
322	pursuant to s. 186.509 for bringing to closure in a timely
323	manner intergovernmental disputes. A local government may
324	develop and use an alternative local dispute resolution process
325	for this purpose.
326	d.  The intergovernmental coordination element shall
327	provide for interlocal agreements, as established pursuant to s.
328	333.03(1)(b).
329	2.  The intergovernmental coordination element shall
330	further state principles and guidelines to be used in the
331	accomplishment of coordination of the adopted comprehensive plan
332	with the plans of school boards and other units of local
333	government providing facilities and services but not having
334	regulatory authority over the use of land. In addition, the
335	intergovernmental coordination element shall describe joint
336	processes for collaborative planning and decisionmaking on
337	population projections and public school siting, the location
338	and extension of public facilities subject to concurrency, and
339	siting facilities with countywide significance, including
340	locally unwanted land uses whose nature and identity are
341	established in an agreement. Within 1 year of adopting their
342	intergovernmental coordination elements, each county, all the
343	municipalities within that county, the district school board,
344	and any unit of local government service providers in that
345	county shall establish by interlocal or other formal agreement
346	executed by all affected entities, the joint processes described
347	in this subparagraph consistent with their adopted
348	intergovernmental coordination elements.
349	3.  To foster coordination between special districts and
350	local general-purpose governments as local general-purpose
351	governments implement local comprehensive plans, each
352	independent special district must submit a public facilities
353	report to the appropriate local government as required by s.
354	189.415.
355	4.a.  Local governments must execute an interlocal
356	agreement with the district school board, the county, and
357	nonexempt municipalities pursuant to s. 163.31777.  The local
358	government shall amend the intergovernmental coordination
359	element to provide that coordination between the local
360	government and school board is pursuant to the agreement and
361	shall state the obligations of the local government under the
362	agreement.
363	b.  Plan amendments that comply with this subparagraph are
364	exempt from the provisions of s. 163.3187(1).
365	5.  The state land planning agency shall establish a
366	schedule for phased completion and transmittal of plan
367	amendments to implement subparagraphs 1., 2., and 3. from all
368	jurisdictions so as to accomplish their adoption by December 31,
369	1999. A local government may complete and transmit its plan
370	amendments to carry out these provisions prior to the scheduled
371	date established by the state land planning agency. The plan
372	amendments are exempt from the provisions of s. 163.3187(1).
373	6.  By January 1, 2004, any county having a population
374	greater than 100,000, and the municipalities and special
375	districts within that county, shall submit a report to the
376	Department of Community Affairs which:
377	a.  Identifies all existing or proposed interlocal service
378	delivery agreements regarding the following: education; sanitary
379	sewer; public safety; solid waste; drainage; potable water;
380	parks and recreation; and transportation facilities.
381	b.  Identifies any deficits or duplication in the provision
382	of services within its jurisdiction, whether capital or
383	operational. Upon request, the Department of Community Affairs
384	shall provide technical assistance to the local governments in
385	identifying deficits or duplication.
386	7.  Within 6 months after submission of the report, the
387	Department of Community Affairs shall, through the appropriate
388	regional planning council, coordinate a meeting of all local
389	governments within the regional planning area to discuss the
390	reports and potential strategies to remedy any identified
391	deficiencies or duplications.
392	8.  Each local government shall update its
393	intergovernmental coordination element based upon the findings
394	in the report submitted pursuant to subparagraph 6. The report
395	may be used as supporting data and analysis for the
396	intergovernmental coordination element.
397	(j)  For each unit of local government within an urbanized
398	area designated for purposes of s. 339.175, a transportation
399	element, which shall be prepared and adopted in lieu of the
400	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
401	and (d) and which shall address the following issues:
402	1.  Traffic circulation, including major thoroughfares and
403	other routes, including bicycle and pedestrian ways.
404	2.  All alternative modes of travel, such as public
405	transportation, pedestrian, and bicycle travel.
406	3.  Parking facilities.
407	4.  Aviation, rail, seaport facilities, access to those
408	facilities, and intermodal terminals.
409	5.  The availability of facilities and services to serve
410	existing land uses and the compatibility between future land use
411	and transportation elements.
412	6.  The capability to evacuate the coastal population prior
413	to an impending natural disaster.
414	7.  Airports, projected airport and aviation development,
415	and land use compatibility around airports that includes areas
416	defined in ss. 333.01 and 333.02.
417	8.  An identification of land use densities, building
418	intensities, and transportation management programs to promote
419	public transportation systems in designated public
420	transportation corridors so as to encourage population densities
421	sufficient to support such systems.
422	9.  May include transportation corridors, as defined in s.
423	334.03, intended for future transportation facilities designated
424	pursuant to s. 337.273. If transportation corridors are
425	designated, the local government may adopt a transportation
426	corridor management ordinance.
427	10.  The incorporation of transportation strategies to
428	address reduction in greenhouse gas emissions from the
429	transportation sector.
430	Section 5.  Subsection (3) of section 163.3178, Florida
431	Statutes, is amended to read:
432	163.3178  Coastal management.--
433	(3)  Expansions to port harbors, spoil disposal sites,
434	navigation channels, turning basins, harbor berths, and other
435	related inwater harbor facilities of ports listed in s.
436	403.021(9); port transportation facilities and projects listed
437	in s. 311.07(3)(b); and intermodal transportation facilities
438	identified pursuant to s. 311.09(3) and facilities determined by
439	the Department of Community Affairs and any applicable general
440	purpose local government to be port-related industrial or
441	commercial projects located within 3 miles of or in a port
442	master plan area which rely upon the utilization of port and
443	intermodal transportation facilities shall not be developments
444	of regional impact where such expansions, projects, or
445	facilities are consistent with comprehensive master plans that
446	are in compliance with this section.
447	Section 6.  Paragraph (d) of subsection (3), paragraph (a)
448	of subsection (4), and subsections (5) and (8) of section
449	163.3182, Florida Statutes, are amended, and paragraph (c) is
450	added to subsection (2) of that section, to read:
451	163.3182  Transportation concurrency backlogs.--
452	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
453	AUTHORITIES.--
454	(c)  The Legislature finds and declares that there exists
455	in many counties and municipalities areas with significant
456	transportation deficiencies and inadequate transportation
457	facilities; that many such deficiencies and inadequacies
458	severely limit or prohibit the satisfaction of transportation
459	concurrency standards; that such transportation deficiencies and
460	inadequacies affect the health, safety, and welfare of the
461	residents of such counties and municipalities; that such
462	transportation deficiencies and inadequacies adversely affect
463	economic development and growth of the tax base for the areas in
464	which such deficiencies and inadequacies exist; and that the
465	elimination of transportation deficiencies and inadequacies and
466	the satisfaction of transportation concurrency standards are
467	paramount public purposes for the state and its counties and
468	municipalities.
469	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
470	AUTHORITY.--Each transportation concurrency backlog authority
471	has the powers necessary or convenient to carry out the purposes
472	of this section, including the following powers in addition to
473	others granted in this section:
474	(d)  To borrow money, including, but not limited to,
475	issuing debt obligations, such as, but not limited to, bonds,
476	notes, certificates, and similar debt instruments; to apply for
477	and accept advances, loans, grants, contributions, and any other
478	forms of financial assistance from the Federal Government or the
479	state, county, or any other public body or from any sources,
480	public or private, for the purposes of this part; to give such
481	security as may be required; to enter into and carry out
482	contracts or agreements; and to include in any contracts for
483	financial assistance with the Federal Government for or with
484	respect to a transportation concurrency backlog project and
485	related activities such conditions imposed pursuant to federal
486	laws as the transportation concurrency backlog authority
487	considers reasonable and appropriate and which are not
488	inconsistent with the purposes of this section.
489	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
490	(a)  Each transportation concurrency backlog authority
491	shall adopt a transportation concurrency backlog plan as a part
492	of the local government comprehensive plan within 6 months after
493	the creation of the authority. The plan shall:
494	1.  Identify all transportation facilities that have been
495	designated as deficient and require the expenditure of moneys to
496	upgrade, modify, or mitigate the deficiency.
497	2.  Include a priority listing of all transportation
498	facilities that have been designated as deficient and do not
499	satisfy concurrency requirements pursuant to s. 163.3180, and
500	the applicable local government comprehensive plan.
501	3.  Establish a schedule for financing and construction of
502	transportation concurrency backlog projects that will eliminate
503	transportation concurrency backlogs within the jurisdiction of
504	the authority within 10 years after the transportation
505	concurrency backlog plan adoption. The schedule shall be adopted
506	as part of the local government comprehensive plan.
507	Notwithstanding such schedule requirements, as long as the
508	schedule provides for the elimination of all transportation
509	concurrency backlogs within 10 years after the adoption of the
510	concurrency backlog plan, the final maturity date of any debt
511	incurred to finance or refinance the related projects may be no
512	later than 40 years after the date such debt is incurred and the
513	authority may continue operations and administer the trust fund
514	established as provided in subsection (5) for as long as such
515	debt remains outstanding.
516	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
517	concurrency backlog authority shall establish a local
518	transportation concurrency backlog trust fund upon creation of
519	the authority. Each local trust fund shall be administered by
520	the transportation concurrency backlog authority within which a
521	transportation concurrency backlog has been identified. Each
522	local trust fund shall continue to be funded pursuant to this
523	section for as long as the projects set forth in the related
524	transportation concurrency backlog plan remain to be completed
525	or until any debt incurred to finance or refinance the related
526	projects are no longer outstanding, whichever occurs later.
527	Beginning in the first fiscal year after the creation of the
528	authority, each local trust fund shall be funded by the proceeds
529	of an ad valorem tax increment collected within each
530	transportation concurrency backlog area to be determined
531	annually and shall be a minimum of 25 percent of the difference
532	between the amounts set forth in paragraphs (a) and (b), except
533	that, if all of the affected taxing authorities agree pursuant
534	to an interlocal agreement, a particular local trust fund may be
535	funded by the proceeds of an ad valorem tax increment greater
536	than 25 percent of the difference between the amounts set forth
537	in paragraphs (a) and (b):
538	(a)  The amount of ad valorem tax levied each year by each
539	taxing authority, exclusive of any amount from any debt service
540	millage, on taxable real property contained within the
541	jurisdiction of the transportation concurrency backlog authority
542	and within the transportation backlog area; and
543	(b)  The amount of ad valorem taxes which would have been
544	produced by the rate upon which the tax is levied each year by
545	or for each taxing authority, exclusive of any debt service
546	millage, upon the total of the assessed value of the taxable
547	real property within the transportation concurrency backlog area
548	as shown on the most recent assessment roll used in connection
549	with the taxation of such property of each taxing authority
550	prior to the effective date of the ordinance funding the trust
551	fund.
552	(8)  DISSOLUTION.--Upon completion of all transportation
553	concurrency backlog projects and repayment or defeasance of all
554	debt issued to finance or refinance such projects, a
555	transportation concurrency backlog authority shall be dissolved,
556	and its assets and liabilities shall be transferred to the
557	county or municipality within which the authority is located.
558	All remaining assets of the authority must be used for
559	implementation of transportation projects within the
560	jurisdiction of the authority. The local government
561	comprehensive plan shall be amended to remove the transportation
562	concurrency backlog plan.
563	Section 7.  Paragraph (c) of subsection (9) of section
564	287.055, Florida Statutes, is amended to read:
565	287.055  Acquisition of professional architectural,
566	engineering, landscape architectural, or surveying and mapping
567	services; definitions; procedures; contingent fees prohibited;
568	penalties.--
569	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
570	(c)  Except as otherwise provided in s. 337.11(8)(7), the
571	Department of Management Services shall adopt rules for the
572	award of design-build contracts to be followed by state
573	agencies. Each other agency must adopt rules or ordinances for
574	the award of design-build contracts. Municipalities, political
575	subdivisions, school districts, and school boards shall award
576	design-build contracts by the use of a competitive proposal
577	selection process as described in this subsection, or by the use
578	of a qualifications-based selection process pursuant to
579	subsections (3), (4), and (5) for entering into a contract
580	whereby the selected firm will, subsequent to competitive
581	negotiations, establish a guaranteed maximum price and
582	guaranteed completion date. If the procuring agency elects the
583	option of qualifications-based selection, during the selection
584	of the design-build firm the procuring agency shall employ or
585	retain a licensed design professional appropriate to the project
586	to serve as the agency's representative. Procedures for the use
587	of a competitive proposal selection process must include as a
588	minimum the following:
589	1.  The preparation of a design criteria package for the
590	design and construction of the public construction project.
591	2.  The qualification and selection of no fewer than three
592	design-build firms as the most qualified, based on the
593	qualifications, availability, and past work of the firms,
594	including the partners or members thereof.
595	3.  The criteria, procedures, and standards for the
596	evaluation of design-build contract proposals or bids, based on
597	price, technical, and design aspects of the public construction
598	project, weighted for the project.
599	4.  The solicitation of competitive proposals, pursuant to
600	a design criteria package, from those qualified design-build
601	firms and the evaluation of the responses or bids submitted by
602	those firms based on the evaluation criteria and procedures
603	established prior to the solicitation of competitive proposals.
604	5.  For consultation with the employed or retained design
605	criteria professional concerning the evaluation of the responses
606	or bids submitted by the design-build firms, the supervision or
607	approval by the agency of the detailed working drawings of the
608	project; and for evaluation of the compliance of the project
609	construction with the design criteria package by the design
610	criteria professional.
611	6.  In the case of public emergencies, for the agency head
612	to declare an emergency and authorize negotiations with the best
613	qualified design-build firm available at that time.
614	Section 8.  Subsection (16) of section 334.044, Florida
615	Statutes, is amended to read:
616	334.044  Department; powers and duties.--The department
617	shall have the following general powers and duties:
618	(16)  To plan, acquire, lease, construct, maintain, and
619	operate toll facilities; to authorize the issuance and refunding
620	of bonds; and to establish fix and collect tolls, variable rate
621	tolls, or other charges for travel on any such facilities.
622	Section 9.  Subsections (7) through (15) of section 337.11,
623	Florida Statutes, are renumbered as subsections (8) through
624	(16), respectively, present subsection (7) is amended, and a new
625	subsection (7) is added to that section, to read:
626	337.11  Contracting authority of department; bids;
627	emergency repairs, supplemental agreements, and change orders;
628	combined design and construction contracts; progress payments;
629	records; requirements of vehicle registration.--
630	(7)  If the department determines that it is in the best
631	interest of the public, the department may pay a stipend to
632	unsuccessful firms who have submitted responsive proposals for
633	construction or maintenance contracts. The decision and amount
634	of a stipend will be based upon department analysis of the
635	estimated proposal development costs and the anticipated degree
636	of competition during the procurement process. Stipends shall be
637	used to encourage competition and compensate unsuccessful firms
638	for a portion of their proposal development costs. The
639	department shall retain the right to use ideas from unsuccessful
640	firms that accept a stipend.
641	(8)(7)(a)  If the head of the department determines that it
642	is in the best interests of the public, the department may
643	combine the design and construction phases of a building, a
644	major bridge, a limited access facility, or a rail corridor
645	project into a single contract. Such contract is referred to as
646	a design-build contract. The department's goal shall be to
647	procure up to 25 percent of the construction contracts which add
648	capacity in the 5-year adopted work program as design-build
649	contracts by July 1, 2014. Design-build contracts may be
650	advertised and awarded notwithstanding the requirements of
651	paragraph (3)(c). However, construction activities may not begin
652	on any portion of such projects for which the department has not
653	yet obtained title to the necessary rights-of-way and easements
654	for the construction of that portion of the project has vested
655	in the state or a local governmental entity and all railroad
656	crossing and utility agreements have been executed. Title to
657	rights-of-way shall be deemed to have vested in the state when
658	the title has been dedicated to the public or acquired by
659	prescription.
660	(b)  The department shall adopt by rule procedures for
661	administering design-build contracts. Such procedures shall
662	include, but not be limited to:
663	1.  Prequalification requirements.
664	2.  Public announcement procedures.
665	3.  Scope of service requirements.
666	4.  Letters of interest requirements.
667	5.  Short-listing criteria and procedures.
668	6.  Bid proposal requirements.
669	7.  Technical review committee.
670	8.  Selection and award processes.
671	9.  Stipend requirements.
672	(c)  The department must receive at least three letters of
673	interest in order to proceed with a request for proposals. The
674	department shall request proposals from no fewer than three of
675	the design-build firms submitting letters of interest. If a
676	design-build firm withdraws from consideration after the
677	department requests proposals, the department may continue if at
678	least two proposals are received.
679	Section 10.  Subsection (7) of section 337.14, Florida
680	Statutes, is amended to read:
681	337.14  Application for qualification; certificate of
682	qualification; restrictions; request for hearing.--
683	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
684	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
685	the department under this section may also qualify under s.
686	287.055 or s. 337.105 to provide testing services, construction,
687	engineering, and inspection services to the department. This
688	limitation shall not apply to any design-build prequalification
689	under s. 337.11(8)(7).
690	Section 11.  Paragraph (a) of subsection (2) of section
691	337.16, Florida Statutes, is amended to read:
692	337.16  Disqualification of delinquent contractors from
693	bidding; determination of contractor nonresponsibility; denial,
694	suspension, and revocation of certificates of qualification;
695	grounds; hearing.--
696	(2)  For reasons other than delinquency in progress, the
697	department, for good cause, may determine any contractor not
698	having a certificate of qualification nonresponsible for a
699	specified period of time or may deny, suspend, or revoke any
700	certificate of qualification. Good cause includes, but is not
701	limited to, circumstances in which a contractor or the
702	contractor's official representative:
703	(a)  Makes or submits to the department false, deceptive,
704	or fraudulent statements or materials in any bid proposal to the
705	department, any application for a certificate of qualification,
706	any certification of payment pursuant to s. 337.11(11)(10), or
707	any administrative or judicial proceeding;
708	Section 12.  Paragraph (b) of subsection (1) of section
709	337.18, Florida Statutes, is amended to read:
710	337.18  Surety bonds for construction or maintenance
711	contracts; requirement with respect to contract award; bond
712	requirements; defaults; damage assessments.--
713	(1)
714	(b)  Prior to beginning any work under the contract, the
715	contractor shall maintain a copy of the payment and performance
716	bond required under this section at its principal place of
717	business and at the jobsite office, if one is established, and
718	the contractor shall provide a copy of the payment and
719	performance bond within 5 days after receipt of any written
720	request therefor. A copy of the payment and performance bond
721	required under this section may also be obtained directly from
722	the department by a request made pursuant to chapter 119. Upon
723	execution of the contract, and prior to beginning any work under
724	the contract, the contractor shall record in the public records
725	of the county where the improvement is located the payment and
726	performance bond required under this section. A claimant shall
727	have a right of action against the contractor and surety for the
728	amount due him or her, including unpaid finance charges due
729	under the claimant's contract. Such action shall not involve the
730	department in any expense.
731	Section 13.  Subsections (1), (2), and (7) of section
732	337.185, Florida Statutes, are amended to read:
733	337.185  State Arbitration Board.--
734	(1)  To facilitate the prompt settlement of claims for
735	additional compensation arising out of construction and
736	maintenance contracts between the department and the various
737	contractors with whom it transacts business, the Legislature
738	does hereby establish the State Arbitration Board, referred to
739	in this section as the "board." For the purpose of this section,
740	"claim" shall mean the aggregate of all outstanding claims by a
741	party arising out of a construction or maintenance contract.
742	Every contractual claim in an amount up to $250,000 per contract
743	or, at the claimant's option, up to $500,000 per contract or,
744	upon agreement of the parties, up to $1 million per contract
745	that cannot be resolved by negotiation between the department
746	and the contractor shall be arbitrated by the board after
747	acceptance of the project by the department. As an exception,
748	either party to the dispute may request that the claim be
749	submitted to binding private arbitration. A court of law may not
750	consider the settlement of such a claim until the process
751	established by this section has been exhausted.
752	(2)  The board shall be composed of three members. One
753	member shall be appointed by the head of the department, and one
754	member shall be elected by those construction or maintenance
755	companies who are under contract with the department. The third
756	member shall be chosen by agreement of the other two members.
757	Whenever the third member has a conflict of interest regarding
758	affiliation with one of the parties, the other two members shall
759	select an alternate member for that hearing. The head of the
760	department may select an alternative or substitute to serve as
761	the department member for any hearing or term. Each member shall
762	serve a 2-year term. The board shall elect a chair, each term,
763	who shall be the administrator of the board and custodian of its
764	records.
765	(7)  The members of the board may receive compensation for
766	the performance of their duties hereunder, from administrative
767	fees received by the board, except that no employee of the
768	department may receive compensation from the board. The
769	compensation amount shall be determined by the board, but shall
770	not exceed $125 per hour, up to a maximum of $1,000 per day for
771	each member authorized to receive compensation. Nothing in this
772	section shall prevent the member elected by construction or
773	maintenance companies from being an employee of an association
774	affiliated with the industry, even if the sole responsibility of
775	that member is service on the board. Travel expenses for the
776	industry member may be paid by an industry association, if
777	necessary. The board may allocate funds annually for clerical
778	and other administrative services.
779	Section 14.  Subsection (1) of section 337.403, Florida
780	Statutes, is amended to read:
781	337.403  Relocation of utility; expenses.--
782	(1)  Any utility heretofore or hereafter placed upon,
783	under, over, or along any public road or publicly owned rail
784	corridor that is found by the authority to be unreasonably
785	interfering in any way with the convenient, safe, or continuous
786	use, or the maintenance, improvement, extension, or expansion,
787	of such public road or publicly owned rail corridor shall, upon
788	30 days' written notice to the utility or its agent by the
789	authority, be removed or relocated by such utility at its own
790	expense except as provided in paragraphs (a)-(f) (a), (b), and
791	(c).
792	(a)  If the relocation of utility facilities, as referred
793	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
794	627 of the 84th Congress, is necessitated by the construction of
795	a project on the federal-aid interstate system, including
796	extensions thereof within urban areas, and the cost of such
797	project is eligible and approved for reimbursement by the
798	Federal Government to the extent of 90 percent or more under the
799	Federal Aid Highway Act, or any amendment thereof, then in that
800	event the utility owning or operating such facilities shall
801	relocate such facilities upon order of the department, and the
802	state shall pay the entire expense properly attributable to such
803	relocation after deducting therefrom any increase in the value
804	of the new facility and any salvage value derived from the old
805	facility.
806	(b)  When a joint agreement between the department and the
807	utility is executed for utility improvement, relocation, or
808	removal work to be accomplished as part of a contract for
809	construction of a transportation facility, the department may
810	participate in those utility improvement, relocation, or removal
811	costs that exceed the department's official estimate of the cost
812	of such work by more than 10 percent. The amount of such
813	participation shall be limited to the difference between the
814	official estimate of all the work in the joint agreement plus 10
815	percent and the amount awarded for this work in the construction
816	contract for such work. The department may not participate in
817	any utility improvement, relocation, or removal costs that occur
818	as a result of changes or additions during the course of the
819	contract.
820	(c)  When an agreement between the department and utility
821	is executed for utility improvement, relocation, or removal work
822	to be accomplished in advance of a contract for construction of
823	a transportation facility, the department may participate in the
824	cost of clearing and grubbing necessary to perform such work.
825	(d)  If the utility facility being removed or relocated was
826	initially installed to exclusively serve the department, its
827	tenants, or both the department and its tenants, the department
828	shall bear the costs of removal or relocation of that utility
829	facility. The department shall not be responsible, however, for
830	bearing the cost of removal or relocation of any subsequent
831	additions to that facility for the purpose of serving others.
832	(e)  If, pursuant to an agreement between a utility and the
833	authority entered into after the effective date of this
834	paragraph, the utility conveys, subordinates, or relinquishes a
835	compensable property right to the authority for the purpose of
836	accommodating the acquisition or use of the right-of-way by the
837	authority, without the agreement expressly addressing future
838	responsibility for cost of removal or relocation of the utility,
839	then the authority shall bear the cost of such removal or
840	relocation. Nothing in this paragraph is intended to impair or
841	restrict, or be used to interpret, the terms of any such
842	agreement entered into prior to the effective date of this
843	paragraph.
844	(f)  If the utility is an electric facility being relocated
845	underground in order to enhance vehicular, bicycle, and
846	pedestrian safety and in which ownership of the electric
847	facility to be placed underground has been transferred from a
848	private to a public utility within the past 5 years, the
849	department shall incur all costs of the relocation.
850	Section 15.  Subsections (4) and (5) of section 337.408,
851	Florida Statutes, are amended, subsection (7) is renumbered as
852	subsection (8), and a new subsection (7) is added to that
853	section, to read:
854	337.408  Regulation of benches, transit shelters, street
855	light poles, waste disposal receptacles, public pay telephones,
856	and modular news racks within rights-of-way.--
857	(4)  The department has the authority to direct the
858	immediate relocation or removal of any bench, transit shelter,
859	waste disposal receptacle, public pay telephone, or modular news
860	rack which endangers life or property, except that transit bus
861	benches which have been placed in service prior to April 1,
862	1992, are not required to comply with bench size and advertising
863	display size requirements which have been established by the
864	department prior to March 1, 1992. Any transit bus bench that
865	was in service prior to April 1, 1992, may be replaced with a
866	bus bench of the same size or smaller, if the bench is damaged
867	or destroyed or otherwise becomes unusable. The department is
868	authorized to adopt rules relating to the regulation of bench
869	size and advertising display size requirements. If a
870	municipality or county within which a bench is to be located has
871	adopted an ordinance or other applicable regulation that
872	establishes bench size or advertising display sign requirements
873	different from requirements specified in department rule, the
874	local government requirement shall be applicable within the
875	respective municipality or county. Placement of any bench or
876	advertising display on the National Highway System under a local
877	ordinance or regulation adopted pursuant to this subsection
878	shall be subject to approval of the Federal Highway
879	Administration.
880	(5)  No bench, transit shelter, waste disposal receptacle,
881	public pay telephone, or modular news rack, or advertising
882	thereon, shall be erected or so placed on the right-of-way of
883	any road which conflicts with the requirements of federal law,
884	regulations, or safety standards, thereby causing the state or
885	any political subdivision the loss of federal funds. Competition
886	among persons seeking to provide bench, transit shelter, waste
887	disposal receptacle, or modular news rack services or
888	advertising on such benches, shelters, receptacles, or news
889	racks may be regulated, restricted, or denied by the appropriate
890	local government entity consistent with the provisions of this
891	section.
892	(7)  Public pay telephones, including advertising displayed
893	thereon, may be installed within the right-of-way limits of any
894	municipal, county, or state road, except on a limited access
895	highway, provided that such pay telephones are installed by a
896	provider duly authorized and regulated by the Public Service
897	Commission pursuant to s. 364.3375, that such pay telephones are
898	operated in accordance with all applicable state and federal
899	telecommunications regulations, and that written authorization
900	has been given to a public pay telephone provider by the
901	appropriate municipal or county government. Each advertisement
902	shall be limited to a size no greater than 8 square feet and no
903	public pay telephone booth shall display more than 3 such
904	advertisements at any given time. No advertisements shall be
905	allowed on public pay telephones located in rest areas, welcome
906	centers, and other such facilities located on an interstate
907	highway.
908	Section 16.  Subsection (6) is added to section 338.01,
909	Florida Statutes, to read:
910	338.01  Authority to establish and regulate limited access
911	facilities.--
912	(6)  All new limited access facilities and existing
913	transportation facilities on which new or replacement electronic
914	toll collection systems are installed shall be interoperable
915	with the department's electronic toll collection system.
916	Section 17.  Section 338.165, Florida Statutes, is amended
917	to read:
918	338.165  Continuation of tolls.--
919	(1)  The department, any transportation or expressway
920	authority or, in the absence of an authority, a county or
921	counties may continue to collect the toll on a revenue-producing
922	project after the discharge of any bond indebtedness related to
923	such project and may increase such toll. All tolls so collected
924	shall first be used to pay the annual cost of the operation,
925	maintenance, and improvement of the toll project.
926	(2)  If the revenue-producing project is on the State
927	Highway System, any remaining toll revenue shall be used within
928	the county or counties in which the revenue-producing project is
929	located for the construction, maintenance, or improvement of any
930	road on the State Highway System or public transit within the
931	county or counties in which the revenue-producing project is
932	located, except as provided in s. 348.0004.
933	(3)  Notwithstanding any other provision of law, the
934	department, including the turnpike enterprise, shall index toll
935	rates on existing toll facilities to the annual Consumer Price
936	Index or similar inflation indicators. Toll rate adjustments for
937	inflation under this subsection may be made no more frequently
938	than once a year and must be made no less frequently than once
939	every 5 years as necessary to accommodate cash toll rate
940	schedules. Toll rates may be increased beyond these limits as
941	directed by bond documents, covenants, or governing body
942	authorization or pursuant to department administrative rule.
943	This subsection does not apply to toll rates on high-occupancy
944	toll lanes or express lanes.
945	(4)  Notwithstanding any other law to the contrary,
946	pursuant to s. 11, Art. VII of the State Constitution, and
947	subject to the requirements of subsection (2), the Department of
948	Transportation may request the Division of Bond Finance to issue
949	bonds secured by toll revenues to be collected on the Alligator
950	Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
951	the Navarre Bridge, and the Pinellas Bayway to fund
952	transportation projects located within the county or counties in
953	which the project is located and contained in the adopted work
954	program of the department.
955	(5)  If the revenue-producing project is on the county road
956	system, any remaining toll revenue shall be used for the
957	construction, maintenance, or improvement of any other state or
958	county road within the county or counties in which the revenue-
959	producing project is located, except as provided in s. 348.0004.
960	(6)  Selection of projects on the State Highway System for
961	construction, maintenance, or improvement with toll revenues
962	shall be, with the concurrence of the department, consistent
963	with the Florida Transportation Plan.
964	(7)  Notwithstanding the provisions of subsection (1), and
965	not including high occupancy toll lanes or express lanes, no
966	tolls may be charged for use of an interstate highway where
967	tolls were not charged as of July 1, 1997.
968	(8)  With the exception of subsection (3), this section
969	does not apply to the turnpike system as defined under the
970	Florida Turnpike Enterprise Law.
971	Section 18.  Paragraph (d) is added to subsection (1) of
972	section 338.2216, Florida Statutes, to read:
973	338.2216  Florida Turnpike Enterprise; powers and
974	authority.--
975	(1)
976	(d)  The Florida Turnpike Enterprise is directed to pursue
977	and implement new technologies and processes in its operations
978	and collection of tolls and the collection of other amounts
979	associated with road and infrastructure usage. Such technologies
980	and processes shall include, without limitation, video and other
981	image-based billing methods and variable pricing.
982	Section 19.  Paragraph (b) of subsection (1) of section
983	338.223, Florida Statutes, is amended to read:
984	338.223  Proposed turnpike projects.--
985	(1)
986	(b)  Any proposed turnpike project or improvement shall be
987	developed in accordance with the Florida Transportation Plan and
988	the work program pursuant to s. 339.135. Turnpike projects that
989	add capacity, alter access, affect feeder roads, or affect the
990	operation of the local transportation system shall be included
991	in the transportation improvement plan of the affected
992	metropolitan planning organization. If such turnpike project
993	does not fall within the jurisdiction of a metropolitan planning
994	organization, the department shall notify the affected county
995	and provide for public hearings in accordance with s.
996	339.155(5)(6)(c).
997	Section 20.  Section 338.231, Florida Statutes, is amended
998	to read:
999	338.231  Turnpike tolls, fixing; pledge of tolls and other
1000	revenues.--The department shall at all times fix, adjust,
1001	charge, and collect such tolls for the use of the turnpike
1002	system as are required in order to provide a fund sufficient
1003	with other revenues of the turnpike system to pay the cost of
1004	maintaining, improving, repairing, and opera ting such turnpike
1005	system; to pay the principal of and interest on all bonds issued
1006	to finance or refinance any portion of the turnpike system as
1007	the same become due and payable; and to create reserves for all
1008	such purposes.
1009	(1)  In the process of effectuating toll rate increases
1010	over the period 1988 through 1992, the department shall, to the
1011	maximum extent feasible, equalize the toll structure, within
1012	each vehicle classification, so that the per mile toll rate will
1013	be approximately the same throughout the turnpike system. New
1014	turnpike projects may have toll rates higher than the uniform
1015	system rate where such higher toll rates are necessary to
1016	qualify the project in accordance with the financial criteria in
1017	the turnpike law. Such higher rates may be reduced to the
1018	uniform system rate when the project is generating sufficient
1019	revenues to pay the full amount of debt service and operating
1020	and maintenance costs at the uniform system rate. If, after 15
1021	years of opening to traffic, the annual revenue of a turnpike
1022	project does not meet or exceed the annual debt service
1023	requirements and operating and maintenance costs attributable to
1024	such project, the department shall, to the maximum extent
1025	feasible, establish a toll rate for the project which is higher
1026	than the uniform system rate as necessary to meet such annual
1027	debt service requirements and operating and maintenance costs.
1028	The department may, to the extent feasible, establish a
1029	temporary toll rate at less than the uniform system rate for the
1030	purpose of building patronage for the ultimate benefit of the
1031	turnpike system. In no case shall the temporary rate be
1032	established for more than 1 year. The requirements of this
1033	subsection shall not apply when the application of such
1034	requirements would violate any covenant established in a
1035	resolution or trust indenture relating to the issuance of
1036	turnpike bonds.
1037	(1)(2)  Notwithstanding any other provision of law, the
1038	department may defer the scheduled July 1, 1993, toll rate
1039	increase on the Homestead Extension of the Florida Turnpike
1040	until July 1, 1995. The department may also advance funds to the
1041	Turnpike General Reserve Trust Fund to replace estimated lost
1042	revenues resulting from this deferral. The amount advanced must
1043	be repaid within 12 years from the date of advance; however, the
1044	repayment is subordinate to all other debt financing of the
1045	turnpike system outstanding at the time repayment is due.
1046	(2)(3)  The department shall publish a proposed change in
1047	the toll rate for the use of an existing toll facility, in the
1048	manner provided for in s. 120.54, which will provide for public
1049	notice and the opportunity for a public hearing before the
1050	adoption of the proposed rate change. When the department is
1051	evaluating a proposed turnpike toll project under s. 338.223 and
1052	has determined that there is a high probability that the project
1053	will pass the test of economic feasibility predicated on
1054	proposed toll rates, the toll rate that is proposed to be
1055	charged after the project is constructed must be adopted during
1056	the planning and project development phase of the project, in
1057	the manner provided for in s. 120.54, including public notice
1058	and the opportunity for a public hearing. For such a new
1059	project, the toll rate becomes effective upon the opening of the
1060	project to traffic.
1061	(3)(a)(4)  For the period July 1, 1998, through June 30,
1062	2017, the department shall, to the maximum extent feasible,
1063	program sufficient funds in the tentative work program such that
1064	the percentage of turnpike toll and bond financed commitments in
1065	Miami-Dade County, Broward County, and Palm Beach County as
1066	compared to total turnpike toll and bond financed commitments
1067	shall be at least 90 percent of the share of net toll
1068	collections attributable to users of the turnpike system in
1069	Miami-Dade County, Broward County, and Palm Beach County as
1070	compared to total net toll collections attributable to users of
1071	the turnpike system. The requirements of this subsection do not
1072	apply when the application of such requirements would violate
1073	any covenant established in a resolution or trust indenture
1074	relating to the issuance of turnpike bonds. The department at
1075	any time for economic considerations may establish lower
1076	temporary toll rates for a new or existing toll facility for a
1077	period not to exceed 1 year, after which the toll rates
1078	promulgated under s. 120.54 shall become effective.
1079	(b)  The department shall also fix, adjust, charge, and
1080	collect such amounts needed to cover the costs of administering
1081	the different toll collection and payment methods and types of
1082	accounts being offered and utilized, in the manner provided for
1083	in s. 120.54, which will provide for public notice and the
1084	opportunity for a public hearing before adoption. Such amounts
1085	may stand alone, be incorporated in a toll rate structure, or be
1086	a combination thereof.
1087	(4)(5)  When bonds are outstanding which have been issued
1088	to finance or refinance any turnpike project, the tolls and all
1089	other revenues derived from the turnpike system and pledged to
1090	such bonds shall be set aside as may be provided in the
1091	resolution authorizing the issuance of such bonds or the trust
1092	agreement securing the same. The tolls or other revenues or
1093	other moneys so pledged and thereafter received by the
1094	department are immediately subject to the lien of such pledge
1095	without any physical delivery thereof or further act. The lien
1096	of any such pledge is valid and binding as against all parties
1097	having claims of any kind in tort or contract or otherwise
1098	against the department irrespective of whether such parties have
1099	notice thereof. Neither the resolution nor any trust agreement
1100	by which a pledge is created need be filed or recorded except in
1101	the records of the department.
1102	(5)(6)  In each fiscal year while any of the bonds of the
1103	Broward County Expressway Authority series 1984 and series 1986-
1104	A remain outstanding, the department is authorized to pledge
1105	revenues from the turnpike system to the payment of principal
1106	and interest of such series of bonds and the operation and
1107	maintenance expenses of the Sawgrass Expressway, to the extent
1108	gross toll revenues of the Sawgrass Expressway are insufficient
1109	to make such payments. The terms of an agreement relative to the
1110	pledge of turnpike system revenue will be negotiated with the
1111	parties of the 1984 and 1986 Broward County Expressway Authority
1112	lease-purchase agreements, and subject to the covenants of those
1113	agreements. The agreement shall establish that the Sawgrass
1114	Expressway shall be subject to the planning, management, and
1115	operating control of the department limited only by the terms of
1116	the lease-purchase agreements. The department shall provide for
1117	the payment of operation and maintenance expenses of the
1118	Sawgrass Expressway until such agreement is in effect. This
1119	pledge of turnpike system revenues shall be subordinate to the
1120	debt service requirements of any future issue of turnpike bonds,
1121	the payment of turnpike system operation and maintenance
1122	expenses, and subject to provisions of any subsequent resolution
1123	or trust indenture relating to the issuance of such turnpike
1124	bonds.
1125	(6)(7)  The use and disposition of revenues pledged to
1126	bonds are subject to the provisions of ss. 338.22-338.241 and
1127	such regulations as the resolution authorizing the issuance of
1128	such bonds or such trust agreement may provide.
1129	Section 21.  Subsection (4) of section 339.12, Florida
1130	Statutes, is amended to read:
1131	339.12  Aid and contributions by governmental entities for
1132	department projects; federal aid.--
1133	(4)(a)  Prior to accepting the contribution of road bond
1134	proceeds, time warrants, or cash for which reimbursement is
1135	sought, the department shall enter into agreements with the
1136	governing body of the governmental entity for the project or
1137	project phases in accordance with specifications agreed upon
1138	between the department and the governing body of the
1139	governmental entity. The department in no instance is to receive
1140	from such governmental entity an amount in excess of the actual
1141	cost of the project or project phase. By specific provision in
1142	the written agreement between the department and the governing
1143	body of the governmental entity, the department may agree to
1144	reimburse the governmental entity for the actual amount of the
1145	bond proceeds, time warrants, or cash used on a highway project
1146	or project phases that are not revenue producing and are
1147	contained in the department's adopted work program, or any
1148	public transportation project contained in the adopted work
1149	program. Subject to appropriation of funds by the Legislature,
1150	the department may commit state funds for reimbursement of such
1151	projects or project phases. Reimbursement to the governmental
1152	entity for such a project or project phase must be made from
1153	funds appropriated by the Legislature, and reimbursement for the
1154	cost of the project or project phase is to begin in the year the
1155	project or project phase is scheduled in the work program as of
1156	the date of the agreement. Funds advanced pursuant to this
1157	section, which were originally designated for transportation
1158	purposes and so reimbursed to a county or municipality, shall be
1159	used by the county or municipality for any transportation
1160	expenditure authorized under s. 336.025(7). Also, cities and
1161	counties may receive funds from persons, and reimburse those
1162	persons, for the purposes of this section. Such persons may
1163	include, but are not limited to, those persons defined in s.
1164	607.01401(19).
1165	(b)  Prior to entering an agreement to advance a project or
1166	project phase pursuant to this subsection and subsection (5),
1167	the department shall first update the estimated cost of the
1168	project or project phase and certify that the estimate is
1169	accurate and consistent with the amount estimated in the adopted
1170	work program.  If the original estimate and the updated estimate
1171	vary, the department shall amend the adopted work program
1172	according to the amendatory procedures for the work program set
1173	forth in s. 339.135(7). The amendment shall reflect all
1174	corresponding increases and decreases to the affected projects
1175	within the adopted work program.
1176	(c)  The department may enter into agreements under this
1177	subsection for a project or project phase not included in the
1178	adopted work program. As used in this paragraph, the term
1179	"project phase" means acquisition of rights-of-way,
1180	construction, construction inspection, and related support
1181	phases. The project or project phase must be a high priority of
1182	the governmental entity. Reimbursement for a project or project
1183	phase must be made from funds appropriated by the Legislature
1184	pursuant to s. 339.135(5). All other provisions of this
1185	subsection apply to agreements entered into under this
1186	paragraph. The total amount of project agreements for projects
1187	or project phases not included in the adopted work program
1188	authorized by this paragraph may not at any time exceed $250
1189	$100 million. However, notwithstanding such $250 $100 million
1190	limit and any similar limit in s. 334.30, project advances for
1191	any inland county with a population greater than 500,000
1192	dedicating amounts equal to $500 million or more of its Local
1193	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1194	improvements to the State Highway System which are included in
1195	the local metropolitan planning organization's or the
1196	department's long-range transportation plans shall be excluded
1197	from the calculation of the statewide limit of project advances.
1198	(d)  The department may enter into agreements under this
1199	subsection with any county that has a population of 150,000 or
1200	less, as determined by the most recent official estimate
1201	pursuant to s. 186.901, for a project or project phase not
1202	included in the adopted work program. As used in this paragraph,
1203	the term "project phase" means acquisition of rights-of-way,
1204	construction, construction inspection, and related support
1205	phases. The project or project phase must be a high priority of
1206	the governmental entity. Reimbursement for a project or project
1207	phase must be made from funds appropriated by the Legislature
1208	pursuant to s. 339.135(5). All other provisions of this
1209	subsection apply to agreements entered into under this
1210	paragraph. The total amount of project agreements for projects
1211	or project phases not included in the adopted work program
1212	authorized by this paragraph may not at any time exceed $200
1213	million. The project must be included in the local government's
1214	adopted comprehensive plan. The department is authorized to
1215	enter into long-term repayment agreements of up to 30 years.
1216	Section 22.  Paragraph (d) of subsection (7) of section
1217	339.135, Florida Statutes, is amended to read:
1218	339.135  Work program; legislative budget request;
1219	definitions; preparation, adoption, execution, and amendment.--
1220	(7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1221	(d)1.  Whenever the department proposes any amendment to
1222	the adopted work program, as defined in subparagraph (c)1. or
1223	subparagraph (c)3., which deletes or defers a construction phase
1224	on a capacity project, it shall notify each county affected by
1225	the amendment and each municipality within the county. The
1226	notification shall be issued in writing to the chief elected
1227	official of each affected county and each municipality within
1228	the county and the chair of each affected metropolitan planning
1229	organization. Each affected county, and each municipality in the
1230	county, is encouraged to coordinate with each other to determine
1231	how the amendment affects local concurrency management and
1232	regional transportation planning efforts. Each affected county,
1233	and each municipality within the county, shall have 14 days to
1234	provide written comments to the department regarding how the
1235	amendment will affect its respective concurrency management
1236	systems, including whether any development permits were issued
1237	contingent upon the capacity improvement, if applicable. After
1238	receipt of written comments from the affected local governments,
1239	the department shall include any written comments submitted by
1240	such local governments in its preparation of the proposed
1241	amendment.
1242	2.  Following the 14-day comment period in subparagraph 1.,
1243	if applicable, whenever the department proposes any amendment to
1244	the adopted work program, which amendment is defined in
1245	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1246	subparagraph (c)4., it shall submit the proposed amendment to
1247	the Governor for approval and shall immediately notify the
1248	chairs of the legislative appropriations committees, the chairs
1249	of the legislative transportation committees, and each member of
1250	the Legislature who represents a district affected by the
1251	proposed amendment. It shall also notify, each metropolitan
1252	planning organization affected by the proposed amendment, and
1253	each unit of local government affected by the proposed
1254	amendment, unless it provided to each the notification required
1255	by subparagraph 1. Such proposed amendment shall provide a
1256	complete justification of the need for the proposed amendment.
1257	3.2.  The Governor shall not approve a proposed amendment
1258	until 14 days following the notification required in
1259	subparagraph 2. 1.
1260	4.3.  If either of the chairs of the legislative
1261	appropriations committees or the President of the Senate or the
1262	Speaker of the House of Representatives objects in writing to a
1263	proposed amendment within 14 days following notification and
1264	specifies the reasons for such objection, the Governor shall
1265	disapprove the proposed amendment.
1266	Section 23.  Section 339.155, Florida Statutes, is amended
1267	to read:
1268	339.155  Transportation planning.--
1269	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1270	develop and annually update a statewide transportation plan, to
1271	be known as the Florida Transportation Plan. The plan shall be
1272	designed so as to be easily read and understood by the general
1273	public. The purpose of the Florida Transportation Plan is to
1274	establish and define the state's long-range transportation goals
1275	and objectives to be accomplished over a period of at least 20
1276	years within the context of the State Comprehensive Plan, and
1277	any other statutory mandates and authorizations and based upon
1278	the prevailing principles of: preserving the existing
1279	transportation infrastructure; enhancing Florida's economic
1280	competitiveness; and improving travel choices to ensure
1281	mobility. The Florida Transportation Plan shall consider the
1282	needs of the entire state transportation system and examine the
1283	use of all modes of transportation to effectively and
1284	efficiently meet such needs.
1285	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1286	out a transportation planning process in conformance with s.
1287	334.046(1). which provides for consideration of projects and
1288	strategies that will:
1289	(a)  Support the economic vitality of the United States,
1290	Florida, and the metropolitan areas, especially by enabling
1291	global competitiveness, productivity, and efficiency;
1292	(b)  Increase the safety and security of the transportation
1293	system for motorized and nonmotorized users;
1294	(c)  Increase the accessibility and mobility options
1295	available to people and for freight;
1296	(d)  Protect and enhance the environment, promote energy
1297	conservation, and improve quality of life;
1298	(e)  Enhance the integration and connectivity of the
1299	transportation system, across and between modes throughout
1300	Florida, for people and freight;
1301	(f)  Promote efficient system management and operation; and
1302	(g)  Emphasize the preservation of the existing
1303	transportation system.
1304	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1305	Transportation Plan shall be a unified, concise planning
1306	document that clearly defines the state's long-range
1307	transportation goals and objectives and documents the
1308	department's short-range objectives developed to further such
1309	goals and objectives. The plan shall:
1310	(a)  Include a glossary that clearly and succinctly defines
1311	any and all phrases, words, or terms of art included in the
1312	plan, with which the general public may be unfamiliar. and shall
1313	consist of, at a minimum, the following components:
1314	(b)(a)  Document A long-range component documenting the
1315	goals and long-term objectives necessary to implement the
1316	results of the department's findings from its examination of the
1317	prevailing principles and criteria provided under listed in
1318	subsection (2) and s. 334.046(1). The long-range component must
1319	(c)  Be developed in cooperation with the metropolitan
1320	planning organizations and reconciled, to the maximum extent
1321	feasible, with the long-range plans developed by metropolitan
1322	planning organizations pursuant to s. 339.175. The plan must
1323	also
1324	(d)  Be developed in consultation with affected local
1325	officials in nonmetropolitan areas and with any affected Indian
1326	tribal governments. The plan must
1327	(e)  Provide an examination of transportation issues likely
1328	to arise during at least a 20-year period. The long-range
1329	component shall
1330	(f)  Be updated at least once every 5 years, or more often
1331	as necessary, to reflect substantive changes to federal or state
1332	law.
1333	(b)  A short-range component documenting the short-term
1334	objectives and strategies necessary to implement the goals and
1335	long-term objectives contained in the long-range component. The
1336	short-range component must define the relationship between the
1337	long-range goals and the short-range objectives, specify those
1338	objectives against which the department's achievement of such
1339	goals will be measured, and identify transportation strategies
1340	necessary to efficiently achieve the goals and objectives in the
1341	plan. It must provide a policy framework within which the
1342	department's legislative budget request, the strategic
1343	information resource management plan, and the work program are
1344	developed. The short-range component shall serve as the
1345	department's annual agency strategic plan pursuant to s.
1346	186.021. The short-range component shall be developed consistent
1347	with available and forecasted state and federal funds. The
1348	short-range component shall also be submitted to the Florida
1349	Transportation Commission.
1350	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1351	develop an annual performance report evaluating the operation of
1352	the department for the preceding fiscal year. The report shall
1353	also include a summary of the financial operations of the
1354	department and shall annually evaluate how well the adopted work
1355	program meets the short-term objectives contained in the short-
1356	range component of the Florida Transportation Plan. This
1357	performance report shall be submitted to the Florida
1358	Transportation Commission and the legislative appropriations and
1359	transportation committees.
1360	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1361	(a)  Upon request by local governmental entities, the
1362	department may in its discretion develop and design
1363	transportation corridors, arterial and collector streets,
1364	vehicular parking areas, and other support facilities which are
1365	consistent with the plans of the department for major
1366	transportation facilities. The department may render to local
1367	governmental entities or their planning agencies such technical
1368	assistance and services as are necessary so that local plans and
1369	facilities are coordinated with the plans and facilities of the
1370	department.
1371	(b)  Each regional planning council, as provided for in s.
1372	186.504, or any successor agency thereto, shall develop, as an
1373	element of its strategic regional policy plan, transportation
1374	goals and policies. The transportation goals and policies must
1375	be prioritized to comply with the prevailing principles provided
1376	in subsection (2) and s. 334.046(1). The transportation goals
1377	and policies shall be consistent, to the maximum extent
1378	feasible, with the goals and policies of the metropolitan
1379	planning organization and the Florida Transportation Plan. The
1380	transportation goals and policies of the regional planning
1381	council will be advisory only and shall be submitted to the
1382	department and any affected metropolitan planning organization
1383	for their consideration and comments. Metropolitan planning
1384	organization plans and other local transportation plans shall be
1385	developed consistent, to the maximum extent feasible, with the
1386	regional transportation goals and policies. The regional
1387	planning council shall review urbanized area transportation
1388	plans and any other planning products stipulated in s. 339.175
1389	and provide the department and respective metropolitan planning
1390	organizations with written recommendations which the department
1391	and the metropolitan planning organizations shall take under
1392	advisement. Further, the regional planning councils shall
1393	directly assist local governments which are not part of a
1394	metropolitan area transportation planning process in the
1395	development of the transportation element of their comprehensive
1396	plans as required by s. 163.3177.
1397	(c)  Regional transportation plans may be developed in
1398	regional transportation areas in accordance with an interlocal
1399	agreement entered into pursuant to s. 163.01 by two or more
1400	contiguous metropolitan planning organizations; one or more
1401	metropolitan planning organizations and one or more contiguous
1402	counties, none of which is a member of a metropolitan planning
1403	organization; a multicounty regional transportation authority
1404	created by or pursuant to law; two or more contiguous counties
1405	that are not members of a metropolitan planning organization; or
1406	metropolitan planning organizations comprised of three or more
1407	counties.
1408	(d)  The interlocal agreement must, at a minimum, identify
1409	the entity that will coordinate the development of the regional
1410	transportation plan; delineate the boundaries of the regional
1411	transportation area; provide the duration of the agreement and
1412	specify how the agreement may be terminated, modified, or
1413	rescinded; describe the process by which the regional
1414	transportation plan will be developed; and provide how members
1415	of the entity will resolve disagreements regarding
1416	interpretation of the interlocal agreement or disputes relating
1417	to the development or content of the regional transportation
1418	plan. Such interlocal agreement shall become effective upon its
1419	recordation in the official public records of each county in the
1420	regional transportation area.
1421	(e)  The regional transportation plan developed pursuant to
1422	this section must, at a minimum, identify regionally significant
1423	transportation facilities located within a regional
1424	transportation area and contain a prioritized list of regionally
1425	significant projects. The level-of-service standards for
1426	facilities to be funded under this subsection shall be adopted
1427	by the appropriate local government in accordance with s.
1428	163.3180(10). The projects shall be adopted into the capital
1429	improvements schedule of the local government comprehensive plan
1430	pursuant to s. 163.3177(3).
1431	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1432	TRANSPORTATION PLANNING.--
1433	(a)  During the development of the long-range component of
1434	the Florida Transportation Plan and prior to substantive
1435	revisions, the department shall provide citizens, affected
1436	public agencies, representatives of transportation agency
1437	employees, other affected employee representatives, private
1438	providers of transportation, and other known interested parties
1439	with an opportunity to comment on the proposed plan or
1440	revisions. These opportunities shall include, at a minimum,
1441	publishing a notice in the Florida Administrative Weekly and
1442	within a newspaper of general circulation within the area of
1443	each department district office.
1444	(b)  During development of major transportation
1445	improvements, such as those increasing the capacity of a
1446	facility through the addition of new lanes or providing new
1447	access to a limited or controlled access facility or
1448	construction of a facility in a new location, the department
1449	shall hold one or more hearings prior to the selection of the
1450	facility to be provided; prior to the selection of the site or
1451	corridor of the proposed facility; and prior to the selection of
1452	and commitment to a specific design proposal for the proposed
1453	facility. Such public hearings shall be conducted so as to
1454	provide an opportunity for effective participation by interested
1455	persons in the process of transportation planning and site and
1456	route selection and in the specific location and design of
1457	transportation facilities. The various factors involved in the
1458	decision or decisions and any alternative proposals shall be
1459	clearly presented so that the persons attending the hearing may
1460	present their views relating to the decision or decisions which
1461	will be made.
1462	(c)  Opportunity for design hearings:
1463	1.  The department, prior to holding a design hearing,
1464	shall duly notify all affected property owners of record, as
1465	recorded in the property appraiser's office, by mail at least 20
1466	days prior to the date set for the hearing. The affected
1467	property owners shall be:
1468	a.  Those whose property lies in whole or in part within
1469	300 feet on either side of the centerline of the proposed
1470	facility.
1471	b.  Those whom the department determines will be
1472	substantially affected environmentally, economically, socially,
1473	or safetywise.
1474	2.  For each subsequent hearing, the department shall
1475	publish notice prior to the hearing date in a newspaper of
1476	general circulation for the area affected. These notices must be
1477	published twice, with the first notice appearing at least 15
1478	days, but no later than 30 days, before the hearing.
1479	3.  A copy of the notice of opportunity for the hearing
1480	must be furnished to the United States Department of
1481	Transportation and to the appropriate departments of the state
1482	government at the time of publication.
1483	4.  The opportunity for another hearing shall be afforded
1484	in any case when proposed locations or designs are so changed
1485	from those presented in the notices specified above or at a
1486	hearing as to have a substantially different social, economic,
1487	or environmental effect.
1488	5.  The opportunity for a hearing shall be afforded in each
1489	case in which the department is in doubt as to whether a hearing
1490	is required.
1491	Section 24.  Subsection (3) and paragraphs (b) and (c) of
1492	subsection (4) of section 339.2816, Florida Statutes, are
1493	amended to read:
1494	339.2816  Small County Road Assistance Program.--
1495	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1496	2009-2010, and beginning again with fiscal year 2012-2013, up to
1497	$25 million annually from the State Transportation Trust Fund
1498	may be used for the purposes of funding the Small County Road
1499	Assistance Program as described in this section.
1500	(4)
1501	(b)  In determining a county's eligibility for assistance
1502	under this program, the department may consider whether the
1503	county has attempted to keep county roads in satisfactory
1504	condition, including the amount of local option fuel tax and ad
1505	valorem millage rate imposed by the county. The department may
1506	also consider the extent to which the county has offered to
1507	provide a match of local funds with state funds provided under
1508	the program. At a minimum, small counties shall be eligible only
1509	if:
1510	1.  the county has enacted the maximum rate of the local
1511	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1512	an ad valorem millage rate of at least 8 mills; or
1513	2.  The county has imposed an ad valorem millage rate of 10
1514	mills.
1515	(c)  The following criteria shall be used to prioritize
1516	road projects for funding under the program:
1517	1.  The primary criterion is the physical condition of the
1518	road as measured by the department.
1519	2.  As secondary criteria the department may consider:
1520	a.  Whether a road is used as an evacuation route.
1521	b.  Whether a road has high levels of agricultural travel.
1522	c.  Whether a road is considered a major arterial route.
1523	d.  Whether a road is considered a feeder road.
1524	e.  Whether a road is located in a fiscally constrained
1525	county, as defined in s. 218.67(1).
1526	f.e.  Other criteria related to the impact of a project on
1527	the public road system or on the state or local economy as
1528	determined by the department.
1529	Section 25.  Subsections (1) and (3) of section 339.2819,
1530	Florida Statutes, are amended to read:
1531	339.2819  Transportation Regional Incentive Program.--
1532	(1)  There is created within the Department of
1533	Transportation a Transportation Regional Incentive Program for
1534	the purpose of providing funds to improve regionally significant
1535	transportation facilities in regional transportation areas
1536	created pursuant to s. 339.155(4)(5).
1537	(3)  The department shall allocate funding available for
1538	the Transportation Regional Incentive Program to the districts
1539	based on a factor derived from equal parts of population and
1540	motor fuel collections for eligible counties in regional
1541	transportation areas created pursuant to s. 339.155(4)(5).
1542	Section 26.  Subsection (6) of section 339.285, Florida
1543	Statutes, is amended to read:
1544	339.285  Enhanced Bridge Program for Sustainable
1545	Transportation.--
1546	(6)  Preference shall be given to bridge projects located
1547	on corridors that connect to the Strategic Intermodal System,
1548	created under s. 339.64, and that have been identified as
1549	regionally significant in accordance with s. 339.155(4)(5)(c),
1550	(d), and (e).
1551	Section 27.  Part III of chapter 343, Florida Statutes,
1552	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1553	343.76, and 343.77, is repealed.
1554	Section 28.  Subsection (4) of section 348.0003, Florida
1555	Statutes, is amended to read:
1556	348.0003  Expressway Authority; formation and;
1557	membership.--
1558	(4)
1559	(c)  Members of each expressway an authority,
1560	transportation authority, bridge authority, or toll authority,
1561	created pursuant to this chapter, chapter 343, or chapter 349,
1562	or pursuant to any other legislative enactment, shall be
1563	required to comply with the applicable financial disclosure
1564	requirements of s. 8, Art. II of the State Constitution. This
1565	paragraph does not subject a statutorily created expressway
1566	authority, transportation authority, bridge authority, or toll
1567	authority, other than one created under this part, to any of the
1568	requirements of this part other than those contained in this
1569	paragraph.
1570	Section 29.  Paragraph (c) is added to subsection (1) of
1571	section 348.0004, Florida Statutes, to read:
1572	348.0004  Purposes and powers.--
1573	(1)
1574	(c)  Notwithstanding any other provision of law, expressway
1575	authorities created under chapter 348 may index toll rates on
1576	toll facilities to the annual Consumer Price Index or similar
1577	inflation indicators. Once a toll rate index has been
1578	implemented pursuant to this paragraph, the toll rate index
1579	shall remain in place and may not be revoked. The toll rate
1580	index for inflation under this subsection must be adopted and
1581	approved by the expressway authority board at a public meeting
1582	and may be made no more frequently than once a year and must be
1583	made no less frequently than once every 5 years as necessary to
1584	accommodate cash toll rate schedules. Toll rates may be
1585	increased beyond these limits as directed by bond documents,
1586	covenants, or governing body authorizations or pursuant to
1587	department administrative rule.
1588	Section 30.  Subsection (1) of section 479.01, Florida
1589	Statutes, is amended to read:
1590	479.01  Definitions.--As used in this chapter, the term:
1591	(1)  "Automatic changeable facing" means a facing that
1592	which through a mechanical system is capable of delivering two
1593	or more advertising messages through an automated or remotely
1594	controlled process and shall not rotate so rapidly as to cause
1595	distraction to a motorist.
1596	Section 31.  Subsections (1), (5), and (9) of section
1597	479.07, Florida Statutes, are amended to read:
1598	479.07  Sign permits.--
1599	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1600	person may not erect, operate, use, or maintain, or cause to be
1601	erected, operated, used, or maintained, any sign on the State
1602	Highway System outside an urban incorporated area, as defined in
1603	s. 334.03(32), or on any portion of the interstate or federal-
1604	aid primary highway system without first obtaining a permit for
1605	the sign from the department and paying the annual fee as
1606	provided in this section. For purposes of this section, "on any
1607	portion of the State Highway System, interstate, or federal-aid
1608	primary system" shall mean a sign located within the controlled
1609	area which is visible from any portion of the main-traveled way
1610	of such system.
1611	(5)(a)  For each permit issued, the department shall
1612	furnish to the applicant a serially numbered permanent metal
1613	permit tag. The permittee is responsible for maintaining a valid
1614	permit tag on each permitted sign facing at all times. The tag
1615	shall be securely attached to the sign facing or, if there is no
1616	facing, on the pole nearest the highway; and it shall be
1617	attached in such a manner as to be plainly visible from the
1618	main-traveled way. Effective July 1, 2011, the tag shall be
1619	securely attached to the upper 50 percent of the pole nearest
1620	the highway and shall be attached in such a manner as to be
1621	plainly visible from the main traveled way. The permit will
1622	become void unless the permit tag is properly and permanently
1623	displayed at the permitted site within 30 days after the date of
1624	permit issuance. If the permittee fails to erect a completed
1625	sign on the permitted site within 270 days after the date on
1626	which the permit was issued, the permit will be void, and the
1627	department may not issue a new permit to that permittee for the
1628	same location for 270 days after the date on which the permit
1629	became void.
1630	(b)  If a permit tag is lost, stolen, or destroyed, the
1631	permittee to whom the tag was issued may must apply to the
1632	department for a replacement tag. The department shall establish
1633	by rule a service fee for replacement tags in an amount that
1634	will recover the actual cost of providing the replacement tag.
1635	Upon receipt of the application accompanied by the a service fee
1636	of $3, the department shall issue a replacement permit tag.
1637	Alternatively, the permittee may provide its own replacement tag
1638	pursuant to department specifications which the department shall
1639	establish by rule at the time it establishes the service fee for
1640	replacement tags.
1641	(9)(a)  A permit shall not be granted for any sign for
1642	which a permit had not been granted by the effective date of
1643	this act unless such sign is located at least:
1644	1.  One thousand five hundred feet from any other permitted
1645	sign on the same side of the highway, if on an interstate
1646	highway.
1647	2.  One thousand feet from any other permitted sign on the
1648	same side of the highway, if on a federal-aid primary highway.
1649
1650	The minimum spacing provided in this paragraph does not preclude
1651	the permitting of V-type, back-to-back, side-to-side, stacked,
1652	or double-faced signs at the permitted sign site. If a sign is
1653	visible from the controlled area of more than one highway
1654	subject to the jurisdiction of the department, the sign shall
1655	meet the permitting requirements of, and, if the sign meets the
1656	applicable permitting requirements, be permitted to, the highway
1657	with the more stringent permitting requirements.
1658	(b)  A permit shall not be granted for a sign pursuant to
1659	this chapter to locate such sign on any portion of the
1660	interstate or federal-aid primary highway system, which sign:
1661	1.  Exceeds 50 feet in sign structure height above the
1662	crown of the main-traveled way, if outside an incorporated area;
1663	2.  Exceeds 65 feet in sign structure height above the
1664	crown of the main-traveled way, if inside an incorporated area;
1665	or
1666	3.  Exceeds 950 square feet of sign facing including all
1667	embellishments.
1668	(c)  Notwithstanding subparagraph (a)1., there is
1669	established a pilot program in Orange, Hillsborough, and Osceola
1670	Counties, and within the boundaries of the City of Miami, under
1671	which the distance between permitted signs on the same side of
1672	an interstate highway may be reduced to 1,000 feet if all other
1673	requirements of this chapter are met and if:
1674	1.  The local government has adopted a plan, program,
1675	resolution, ordinance, or other policy encouraging the voluntary
1676	removal of signs in a downtown, historic, redevelopment, infill,
1677	or other designated area which also provides for a new or
1678	replacement sign to be erected on an interstate highway within
1679	that jurisdiction if a sign in the designated area is removed;
1680	2.  The sign owner and the local government mutually agree
1681	to the terms of the removal and replacement; and
1682	3.  The local government notifies the department of its
1683	intention to allow such removal and replacement as agreed upon
1684	pursuant to subparagraph 2.
1685
1686	The department shall maintain statistics tracking the use of the
1687	provisions of this pilot program based on the notifications
1688	received by the department from local governments under this
1689	paragraph.
1690	(d)  Nothing in this subsection shall be construed so as to
1691	cause a sign which was conforming on October 1, 1984, to become
1692	nonconforming.
1693	Section 32.  Section 479.08, Florida Statutes, is amended
1694	to read:
1695	479.08  Denial or revocation of permit.--The department has
1696	the authority to deny or revoke any permit requested or granted
1697	under this chapter in any case in which it determines that the
1698	application for the permit contains knowingly false or knowingly
1699	misleading information. The department has the authority to
1700	revoke any permit granted under this chapter in any case in
1701	which or that the permittee has violated any of the provisions
1702	of this chapter, unless such permittee, within 30 days after the
1703	receipt of notice by the department, corrects such false or
1704	misleading information and complies with the provisions of this
1705	chapter. For the purpose of this section, the notice of
1706	violation issued by the department shall describe in detail the
1707	alleged violation. Any person aggrieved by any action of the
1708	department in denying or revoking a permit under this chapter
1709	may, within 30 days after receipt of the notice, apply to the
1710	department for an administrative hearing pursuant to chapter
1711	120. If a timely request for hearing has been filed and the
1712	department issues a final order revoking a permit, such
1713	revocation shall be effective 30 days after the date of
1714	rendition. Except for department action pursuant to s.
1715	479.107(1), the filing of a timely and proper notice of appeal
1716	shall operate to stay the revocation until the department's
1717	action is upheld.
1718	Section 33.  Section 479.156, Florida Statutes, is amended
1719	to read:
1720	479.156  Wall murals.--Notwithstanding any other provision
1721	of this chapter, a municipality or county may permit and
1722	regulate wall murals within areas designated by such government.
1723	If a municipality or county permits wall murals, a wall mural
1724	that displays a commercial message and is within 660 feet of the
1725	nearest edge of the right-of-way within an area adjacent to the
1726	interstate highway system or the federal-aid primary highway
1727	system shall be located in an area that is zoned for industrial
1728	or commercial use and the municipality or county shall establish
1729	and enforce regulations for such areas that, at a minimum, set
1730	forth criteria governing the size, lighting, and spacing of wall
1731	murals consistent with the intent of the Highway Beautification
1732	Act of 1965 and with customary use. Whenever a municipality or
1733	county exercises such control and makes a determination of
1734	customary use, pursuant to 23 U.S.C. s. 131(d), such
1735	determination shall be accepted in lieu of controls in the
1736	agreement between the state and the United States Department of
1737	Transportation, and the Department of Transportation shall
1738	notify the Federal Highway Administration pursuant to the
1739	agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
1740	wall mural that is subject to municipal or county regulation and
1741	the Highway Beautification Act of 1965 must be approved by the
1742	Department of Transportation and the Federal Highway
1743	Administration where required by federal law and federal
1744	regulation pursuant to and may not violate the agreement between
1745	the state and the United States Department of Transportation and
1746	or violate federal regulations enforced by the Department of
1747	Transportation under s. 479.02(1). The existence of a wall mural
1748	as defined in s. 479.01(27) shall not be considered in
1749	determining whether a sign as defined in s. 479.01(17), either
1750	existing or new, is in compliance with s. 479.07(9)(a).
1751	Section 34.  Subsections (1), (3), (4), and (5) of section
1752	479.261, Florida Statutes, are amended to read:
1753	479.261  Logo sign program.--
1754	(1)  The department shall establish a logo sign program for
1755	the rights-of-way of the interstate highway system to provide
1756	information to motorists about available gas, food, lodging, and
1757	camping, attractions, and other services, as approved by the
1758	Federal Highway Administration, at interchanges, through the use
1759	of business logos, and may include additional interchanges under
1760	the program. A logo sign for nearby attractions may be added to
1761	this program if allowed by federal rules.
1762	(a)  An "attraction," as used in this chapter, is defined
1763	as an establishment, site, facility, or landmark that which is
1764	open a minimum of 5 days a week for 52 weeks a year; that which
1765	charges an admission for entry; which has as its principal focus
1766	family-oriented entertainment, cultural, educational,
1767	recreational, scientific, or historical activities; and that
1768	which is publicly recognized as a bona fide tourist attraction.
1769	However, the permits for businesses seeking to participate in
1770	the attractions logo sign program shall be awarded by the
1771	department annually to the highest bidders, notwithstanding the
1772	limitation on fees in subsection (5), which are qualified for
1773	available space at each qualified location, but the fees
1774	therefor may not be less than the fees established for logo
1775	participants in other logo categories.
1776	(b)  The department shall incorporate the use of RV-
1777	friendly markers on specific information logo signs for
1778	establishments that cater to the needs of persons driving
1779	recreational vehicles. Establishments that qualify for
1780	participation in the specific information logo program and that
1781	also qualify as "RV-friendly" may request the RV-friendly marker
1782	on their specific information logo sign. An RV-friendly marker
1783	must consist of a design approved by the Federal Highway
1784	Administration. The department shall adopt rules in accordance
1785	with chapter 120 to administer this paragraph, including rules
1786	setting forth the minimum requirements that establishments must
1787	meet in order to qualify as RV-friendly. These requirements
1788	shall include large parking spaces, entrances, and exits that
1789	can easily accommodate recreational vehicles and facilities
1790	having appropriate overhead clearances, if applicable.
1791	(c)  The department may implement a 3-year rotation-based
1792	logo program providing for the removal and addition of
1793	participating businesses in the program.
1794	(3)  Logo signs may be installed upon the issuance of an
1795	annual permit by the department or its agent and payment of a an
1796	application and permit fee to the department or its agent.
1797	(4)  The department may contract pursuant to s. 287.057 for
1798	the provision of services related to the logo sign program,
1799	including recruitment and qualification of businesses, review of
1800	applications, permit issuance, and fabrication, installation,
1801	and maintenance of logo signs. The department may reject all
1802	proposals and seek another request for proposals or otherwise
1803	perform the work. If the department contracts for the provision
1804	of services for the logo sign program, the contract must
1805	require, unless the business owner declines, that businesses
1806	that previously entered into agreements with the department to
1807	privately fund logo sign construction and installation be
1808	reimbursed by the contractor for the cost of the signs which has
1809	not been recovered through a previously agreed upon waiver of
1810	fees. The contract also may allow the contractor to retain a
1811	portion of the annual fees as compensation for its services.
1812	(5)  Permit fees for businesses that participate in the
1813	program must be established in an amount sufficient to offset
1814	the total cost to the department for the program, including
1815	contract costs. The department shall provide the services in the
1816	most efficient and cost-effective manner through department
1817	staff or by contracting for some or all of the services. The
1818	department shall adopt rules that set reasonable rates based
1819	upon factors such as population, traffic volume, market demand,
1820	and costs for annual permit fees. However, annual permit fees
1821	for sign locations inside an urban area, as defined in s.
1822	334.03(32), may not exceed $5,000 and annual permit fees for
1823	sign locations outside an urban area, as defined in s.
1824	334.03(32), may not exceed $2,500. After recovering program
1825	costs, the proceeds from the logo program shall be deposited
1826	into the State Transportation Trust Fund and used for
1827	transportation purposes. Such annual permit fee shall not exceed
1828	$1,250.
1829	Section 35.  Business partnerships; display of names.--
1830	(1)  School districts are encouraged to partner with local
1831	businesses for the purposes of mentorship opportunities,
1832	development of employment options and additional funding
1833	sources, and other mutual benefits.
1834	(2)  As a pilot program through June 30, 2011, the Palm
1835	Beach County School District may publicly display the names and
1836	recognitions of its business partners on school district
1837	property in unincorporated areas. Examples of appropriate
1838	business partner recognition include "Project Graduation" and
1839	athletic sponsorships. The district shall make every effort to
1840	display business partner names in a manner that is consistent
1841	with the county standards for uniformity in size, color, and
1842	placement of the signs. Whenever the provisions of this section
1843	are inconsistent with the provisions of the county ordinances or
1844	regulations relating to signs or the provisions of chapter 125,
1845	chapter 166, or chapter 479, Florida Statutes, in the
1846	unincorporated areas, the provisions of this section shall
1847	prevail.
1848	Section 36.  Notwithstanding any provision of chapter 74-
1849	400, Laws of Florida, public funds may be used for the
1850	alteration of Old Cutler Road, between Southwest 136th Street
1851	and Southwest 184th Street, in the Village of Palmetto Bay.
1852	(1)  The alteration may include the installation of
1853	sidewalks, curbing, and landscaping to enhance pedestrian access
1854	to the road.
1855	(2)  The official approval of the project by the Department
1856	of State must be obtained before any alteration is started.
1857	Section 37.  Subsection (1) of section 120.52, Florida
1858	Statutes, is amended to read:
1859	120.52  Definitions.--As used in this act:
1860	(1)  "Agency" means:
1861	(a)  The Governor in the exercise of all executive powers
1862	other than those derived from the constitution.
1863	(b)  Each:
1864	1.  State officer and state department, and each
1865	departmental unit described in s. 20.04.
1866	2.  Authority, including a regional water supply authority.
1867	3.  Board, including the Board of Governors of the State
1868	University System and a state university board of trustees when
1869	acting pursuant to statutory authority derived from the
1870	Legislature.
1871	4.  Commission, including the Commission on Ethics and the
1872	Fish and Wildlife Conservation Commission when acting pursuant
1873	to statutory authority derived from the Legislature.
1874	5.  Regional planning agency.
1875	6.  Multicounty special district with a majority of its
1876	governing board comprised of nonelected persons.
1877	7.  Educational units.
1878	8.  Entity described in chapters 163, 373, 380, and 582 and
1879	s. 186.504.
1880	(c)  Each other unit of government in the state, including
1881	counties and municipalities, to the extent they are expressly
1882	made subject to this act by general or special law or existing
1883	judicial decisions.
1884
1885	This definition does not include any legal entity or agency
1886	created in whole or in part pursuant to chapter 361, part II,
1887	any metropolitan planning organization created pursuant to s.
1888	339.175, any separate legal or administrative entity created
1889	pursuant to s. 339.175 of which a metropolitan planning
1890	organization is a member, an expressway authority pursuant to
1891	chapter 348 or any transportation authority under chapter 343 or
1892	chapter 349, any legal or administrative entity created by an
1893	interlocal agreement pursuant to s. 163.01(7), unless any party
1894	to such agreement is otherwise an agency as defined in this
1895	subsection, or any multicounty special district with a majority
1896	of its governing board comprised of elected persons; however,
1897	this definition shall include a regional water supply authority.
1898	Section 38.  The Legislature directs the Department of
1899	Transportation to establish an approved transportation
1900	methodology which recognizes that a planned, sustainable
1901	development of regional impact will likely achieve an internal
1902	capture rate greater than 30 percent when fully developed. The
1903	transportation methodology must use a regional transportation
1904	model that incorporates professionally accepted modeling
1905	techniques applicable to well-planned, sustainable communities
1906	of the size, location, mix of uses, and design features
1907	consistent with such communities. The adopted transportation
1908	methodology shall serve as the basis for sustainable development
1909	traffic impact assessments by the department. The methodology
1910	review must be completed and in use by March 1, 2011.
1911	Section 39.  Except as otherwise expressly provided in this
1912	act, this act shall take effect upon becoming a law.

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