HB 1363

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 316.3025, F.S.; providing a civil penalty for
4	violation of specified federal requirements relating to a
5	driver's physical qualification to drive a commercial
6	motor vehicle; amending s. 334.03, F.S.; revising
7	definitions for purposes of the Florida Transportation
8	Code; amending s. 334.044, F.S.; revising the powers and
9	duties of the department relating to jurisdictional
10	responsibility and designating facilities; amending s.
11	334.047, F.S.; repealing a provision prohibiting the
12	department from establishing a maximum number of miles of
13	urban principal arterial roads within a district or
14	county; amending s. 337.111, F.S.; providing additional
15	forms of security for the cost of removal of monuments or
16	memorials or modifications to an installation site at
17	highway rest areas; removing a provision requiring renewal
18	of a bond; amending s. 337.408, F.S.; revising provisions
19	for certain facilities installed within the right-of-way
20	limits of roads; requiring counties and municipalities to
21	review installations of benches and transit shelters;
22	providing for removal or relocation of a bench or transit
23	shelter that is not in compliance with applicable
24	regulations; requiring counties and municipalities to
25	indemnify the department from certain claims relating to
26	the installation, removal, or relocation of a noncompliant
27	bench or shelter; authorizing the department to direct a
28	county or municipality to remove or relocate a bus stop,
29	bench, transit shelter, waste disposal receptacle, public
30	pay telephone, or modular news rack that is not in
31	compliance with applicable laws or rules; directing the
32	department to remove or relocate such installation and
33	charge the cost to the county or municipality; authorizing
34	the department to deduct the cost from funding available
35	to the municipality or county from the department;
36	removing a provision for the replacement of an unusable
37	transit bus bench that was in service before a certain
38	date; revising the title of chapter 338, F.S.; repealing
39	s. 338.001, F.S., relating to provisions for the Florida
40	Intrastate Highway System Plan; amending s. 338.01, F.S.;
41	including authority of the department in provisions for
42	the establishment limited access facilities; amending s.
43	339.155, F.S.; revising provisions for statewide
44	transportation planning by the department; providing for
45	federally required transportation planning factors;
46	revising provisions for the Florida Transportation Plan;
47	removing certain reporting requirements; revising
48	requirements for public participation in the planning
49	process; amending s. 339.63, F.S.; providing for inclusion
50	of certain access facilities in the Strategic Intermodal
51	System and the Emerging Strategic Intermodal System;
52	amending s. 339.64, F.S.; revising provisions for
53	development of the Strategic Intermodal System Plan;
54	removing the Statewide Intermodal Transportation Advisory
55	Council; creating s. 339.65, F.S.; providing for the
56	department to plan and develop Strategic Intermodal System
57	highway corridors; providing for allocations of funds on a
58	specified basis; providing for corridor projects to be
59	included in the department's adopted work program and
60	changes to be a separate part of the tentative work
61	program; amending ss. 163.3180, 288.063, 311.07, 311.09,
62	316.2122, 336.01, 338.222, 338.223, 338.2275, 338.228,
63	339.2819, 339.285, 341.8225, 479.01, 479.07, and 479.261,
64	F.S., relating to transportation concurrency, contracts,
65	port facilities, Florida Seaport Transportation and
66	Economic Development Council, low-speed vehicles and mini
67	trucks, the county road system, turnpike projects, revenue
68	bonds, Transportation Regional Incentive Program, Enhanced
69	Bridge Program for Sustainable Transportation, high-speed
70	rail projects, outdoor advertising, sign permits, and the
71	Logo sign program, respectively; revising cross-
72	references; amending ss. 163.3187, 318.12, 335.02,
73	338.227, 338.234, 339.62, 341.053, and 403.7211, F.S.,
74	relating to comprehensive plans, traffic infractions,
75	standards for lanes, services related to the financing of
76	projects, concessions along the turnpike, components of
77	the Strategic Intermodal System, Intermodal Development
78	Program, and hazardous waste facilities, respectively;
79	revising references to conform to the incorporation of the
80	Florida Intrastate Highway System into the Strategic
81	Intermodal System and to changes made by the act;
82	providing an effective date.
83
84	Be It Enacted by the Legislature of the State of Florida:
85
86	Section 1.  Paragraph (b) of subsection (3) of section
87	316.3025, Florida Statutes, is amended to read:
88	316.3025  Penalties.-
89	(3)
90	(b)  A civil penalty of $100 may be assessed for:
91	1.  Each violation of the North American Uniform Driver
92	Out-of-Service Criteria;
93	2.  A violation of s. 316.302(2)(b) or (c);
94	3.  A violation of 49 C.F.R. s. 392.60; or
95	4.  A violation of 49 C.F.R. ss. 391.41 or 391.43; or
96	5.4.  A violation of the North American Standard Vehicle
97	Out-of-Service Criteria resulting from an inspection of a
98	commercial motor vehicle involved in a crash.
99	Section 2.  Section 334.03, Florida Statutes, is amended to
100	read:
101	334.03  Definitions.-When used in the Florida
102	Transportation Code, the term:
103	(1)(37)  "511" or "511 services" means three-digit
104	telecommunications dialing to access interactive voice response
105	telephone traveler information services provided in the state as
106	defined by the Federal Communications Commission in FCC Order
107	No. 00-256, July 31, 2000.
108	(1)  "Arterial road" means a route providing service which
109	is relatively continuous and of relatively high traffic volume,
110	long average trip length, high operating speed, and high
111	mobility importance. In addition, every United States numbered
112	highway is an arterial road.
113	(2)(2)  "Bridge" means a structure, including supports,
114	erected over a depression or an obstruction, such as water or a
115	highway or railway, and having a track or passageway for
116	carrying traffic as defined in chapter 316 or other moving
117	loads.
118	(3)  "City street system" means all local roads within a
119	municipality that were under the jurisdiction of that
120	municipality on June 10, 1995; roads constructed by a
121	municipality for that municipality's street system; roads
122	completely within an area annexed by the municipality, unless
123	otherwise provided by mutual consent; and roads transferred to
124	the municipality's jurisdiction after June 10, 1995, by mutual
125	consent with another governmental entity, but not roads so
126	transferred from the municipality's jurisdiction, and all
127	collector roads inside that municipality, which are not in the
128	county road system.
129	(4)  "Collector road" means a route providing service which
130	is of relatively moderate average traffic volume, moderately
131	average trip length, and moderately average operating speed.
132	Such a route also collects and distributes traffic between local
133	roads or arterial roads and serves as a linkage between land
134	access and mobility needs.
135	(4)(5)  "Commissioners" means the governing body of a
136	county.
137	(5)(6)  "Consolidated metropolitan statistical area" means
138	two or more metropolitan statistical areas that are socially and
139	economically interrelated as defined by the United States Bureau
140	of the Census.
141	(6)(7)  "Controlled access facility" means a street or
142	highway to which the right of access is highly regulated by the
143	governmental entity having jurisdiction over the facility in
144	order to maximize the operational efficiency and safety of the
145	high-volume through traffic utilizing the facility. Owners or
146	occupants of abutting lands and other persons have a right of
147	access to or from such facility at such points only and in such
148	manner as may be determined by the governmental entity.
149	(7)(8)  "County road system" means all roads within a
150	county that were under the jurisdiction of that county on June
151	10, 1995; roads constructed by a county for that county's road
152	system; and roads transferred to the county's jurisdiction after
153	June 10, 1995, by mutual consent with another governmental
154	entity, but, except as otherwise provided by mutual consent, not
155	roads transferred from the county's jurisdiction by mutual
156	consent or roads that are completely within an area annexed by a
157	municipality collector roads in the unincorporated areas of a
158	county and all extensions of such collector roads into and
159	through any incorporated areas, all local roads in the
160	unincorporated areas, and all urban minor arterial roads not in
161	the State Highway System.
162	(8)(9)  "Department" means the Department of
163	Transportation.
164	(10)  "Florida Intrastate Highway System" means a system of
165	limited access and controlled access facilities on the State
166	Highway System which have the capacity to provide high-speed and
167	high-volume traffic movements in an efficient and safe manner.
168	(9)(11)  "Functional classification" means the assignment
169	of roads into systems according to the character of service they
170	provide in relation to the total road network using procedures
171	developed by the Federal Highway Administration. Basic
172	functional categories include arterial roads, collector roads,
173	and local roads which may be subdivided into principal, major,
174	or minor levels. Those levels may be additionally divided into
175	rural and urban categories.
176	(10)(12)  "Governmental entity" means a unit of government,
177	or any officially designated public agency or authority of a
178	unit of government, that has the responsibility for planning,
179	construction, operation, or maintenance or jurisdiction over
180	transportation facilities; the term includes the Federal
181	Government, the state government, a county, an incorporated
182	municipality, a metropolitan planning organization, an
183	expressway or transportation authority, a road and bridge
184	district, a special road and bridge district, and a regional
185	governmental unit.
186	(11)(38)  "Interactive voice response" means a software
187	application that accepts a combination of voice telephone input
188	and touch-tone keypad selection and provides appropriate
189	responses in the form of voice, fax, callback, e-mail, and other
190	media.
191	(12)(13)  "Limited access facility" means a street or
192	highway especially designed for through traffic, and over, from,
193	or to which owners or occupants of abutting land or other
194	persons have no right or easement of access, light, air, or view
195	by reason of the fact that their property abuts upon such
196	limited access facility or for any other reason. Such highways
197	or streets may be facilities from which trucks, buses, and other
198	commercial vehicles are excluded; or they may be facilities open
199	to use by all customary forms of street and highway traffic.
200	(13)(14)  "Local governmental entity" means a unit of
201	government with less than statewide jurisdiction, or any
202	officially designated public agency or authority of such a unit
203	of government, that has the responsibility for planning,
204	construction, operation, or maintenance of, or jurisdiction
205	over, a transportation facility; the term includes, but is not
206	limited to, a county, an incorporated municipality, a
207	metropolitan planning organization, an expressway or
208	transportation authority, a road and bridge district, a special
209	road and bridge district, and a regional governmental unit.
210	(15)  "Local road" means a route providing service which is
211	of relatively low average traffic volume, short average trip
212	length or minimal through-traffic movements, and high land
213	access for abutting property.
214	(14)(16)  "Metropolitan area" means a geographic region
215	comprising as a minimum the existing urbanized area and the
216	contiguous area projected to become urbanized within a 20-year
217	forecast period. The boundaries of a metropolitan area may be
218	designated so as to encompass a metropolitan statistical area or
219	a consolidated metropolitan statistical area. If a metropolitan
220	area, or any part thereof, is located within a nonattainment
221	area, the boundaries of the metropolitan area must be designated
222	so as to include the boundaries of the entire nonattainment
223	area, unless otherwise provided by agreement between the
224	applicable metropolitan planning organization and the Governor.
225	(15)(17)  "Metropolitan statistical area" means an area
226	that includes a municipality of 50,000 persons or more, or an
227	urbanized area of at least 50,000 persons as defined by the
228	United States Bureau of the Census, provided that the component
229	county or counties have a total population of at least 100,000.
230	(16)(18)  "Nonattainment area" means an area designated by
231	the United States Environmental Protection Agency, pursuant to
232	federal law, as exceeding national primary or secondary ambient
233	air quality standards for the pollutants carbon monoxide or
234	ozone.
235	(17)(19)  "Periodic maintenance" means activities that are
236	large in scope and require a major work effort to restore
237	deteriorated components of the transportation system to a safe
238	and serviceable condition, including, but not limited to, the
239	repair of large bridge structures, major repairs to bridges and
240	bridge systems, and the mineral sealing of lengthy sections of
241	roadway.
242	(18)(20)  "Person" means any person described in s. 1.01 or
243	any unit of government in or outside the state.
244	(19)(21)  "Right of access" means the right of ingress to a
245	highway from abutting land and egress from a highway to abutting
246	land.
247	(20)(22)  "Right-of-way" means land in which the state, the
248	department, a county, or a municipality owns the fee or has an
249	easement devoted to or required for use as a transportation
250	facility.
251	(21)(23)  "Road" means a way open to travel by the public,
252	including, but not limited to, a street, highway, or alley. The
253	term includes associated sidewalks, the roadbed, the right-of-
254	way, and all culverts, drains, sluices, ditches, water storage
255	areas, waterways, embankments, slopes, retaining walls, bridges,
256	tunnels, and viaducts necessary for the maintenance of travel
257	and all ferries used in connection therewith.
258	(22)(24)  "Routine maintenance" means minor repairs and
259	associated tasks necessary to maintain a safe and efficient
260	transportation system. The term includes: pavement patching;
261	shoulder repair; cleaning and repair of drainage ditches,
262	traffic signs, and structures; mowing; bridge inspection and
263	maintenance; pavement striping; litter cleanup; and other
264	similar activities.
265	(23)(25)  "State Highway System" means the following, which
266	shall be facilities to which access is regulated:
267	(a)  the interstate system and all other roads within the
268	state which were under the jurisdiction of the state on June 10,
269	1995, and roads constructed by an agency of the state for the
270	State Highway System, and roads transferred to the state's
271	jurisdiction after that date by mutual consent with another
272	governmental entity, but not roads so transferred from the
273	state's jurisdiction. Such facilities shall be facilities to
274	which access is regulated.;
275	(b)  All rural arterial routes and their extensions into
276	and through urban areas;
277	(c)  All urban principal arterial routes; and
278	(d)  The urban minor arterial mileage on the existing State
279	Highway System as of July 1, 1987, plus additional mileage to
280	comply with the 2-percent requirement as described below.
281
282	However, not less than 2 percent of the public road mileage of
283	each urbanized area on record as of June 30, 1986, shall be
284	included as minor arterials in the State Highway System.
285	Urbanized areas not meeting the foregoing minimum requirement
286	shall have transferred to the State Highway System additional
287	minor arterials of the highest significance in which case the
288	total minor arterials in the State Highway System from any
289	urbanized area shall not exceed 2.5 percent of that area's total
290	public urban road mileage.
291	(24)(26)  "State Park Road System" means roads embraced
292	within the boundaries of state parks and state roads leading to
293	state parks, other than roads of the State Highway System, the
294	county road systems, or the city street systems.
295	(25)(27)  "State road" means a street, road, highway, or
296	other way open to travel by the public generally and dedicated
297	to the public use according to law or by prescription and
298	designated by the department, as provided by law, as part of the
299	State Highway System.
300	(26)(28)  "Structure" means a bridge, viaduct, tunnel,
301	causeway, approach, ferry slip, culvert, toll plaza, gate, or
302	other similar facility used in connection with a transportation
303	facility.
304	(27)(29)  "Sufficiency rating" means the objective rating
305	of a road or section of a road for the purpose of determining
306	its capability to serve properly the actual or anticipated
307	volume of traffic using the road.
308	(28)(30)  "Transportation corridor" means any land area
309	designated by the state, a county, or a municipality which is
310	between two geographic points and which area is used or suitable
311	for the movement of people and goods by one or more modes of
312	transportation, including areas necessary for management of
313	access and securing applicable approvals and permits.
314	Transportation corridors shall contain, but are not limited to,
315	the following:
316	(a)  Existing publicly owned rights-of-way;
317	(b)  All property or property interests necessary for
318	future transportation facilities, including rights of access,
319	air, view, and light, whether public or private, for the purpose
320	of securing and utilizing future transportation rights-of-way,
321	including, but not limited to, any lands reasonably necessary
322	now or in the future for securing applicable approvals and
323	permits, borrow pits, drainage ditches, water retention areas,
324	rest areas, replacement access for landowners whose access could
325	be impaired due to the construction of a future facility, and
326	replacement rights-of-way for relocation of rail and utility
327	facilities.
328	(29)(31)  "Transportation facility" means any means for the
329	transportation of people or property from place to place which
330	is constructed, operated, or maintained in whole or in part from
331	public funds. The term includes the property or property rights,
332	both real and personal, which have been or may be established by
333	public bodies for the transportation of people or property from
334	place to place.
335	(30)(32)  "Urban area" means a geographic region comprising
336	as a minimum the area inside the United States Bureau of the
337	Census boundary of an urban place with a population of 5,000 or
338	more persons, expanded to include adjacent developed areas as
339	provided for by Federal Highway Administration regulations.
340	(33)  "Urban minor arterial road" means a route that
341	generally interconnects with and augments an urban principal
342	arterial road and provides service to trips of shorter length
343	and a lower level of travel mobility. The term includes all
344	arterials not classified as "principal" and contain facilities
345	that place more emphasis on land access than the higher system.
346	(31)(34)  "Urban place" means a geographic region composed
347	of one or more contiguous census tracts that have been found by
348	the United States Bureau of the Census to contain a population
349	density of at least 1,000 persons per square mile.
350	(35)  "Urban principal arterial road" means a route that
351	generally serves the major centers of activity of an urban area,
352	the highest traffic volume corridors, and the longest trip
353	purpose and carries a high proportion of the total urban area
354	travel on a minimum of mileage. Such roads are integrated, both
355	internally and between major rural connections.
356	(32)(36)  "Urbanized area" means a geographic region
357	comprising as a minimum the area inside an urban place of 50,000
358	or more persons, as designated by the United States Bureau of
359	the Census, expanded to include adjacent developed areas as
360	provided for by Federal Highway Administration regulations.
361	Urban areas with a population of fewer than 50,000 persons which
362	are located within the expanded boundary of an urbanized area
363	are not separately recognized.
364	Section 3.  Subsections (11) and (13) of section 334.044,
365	Florida Statutes, are amended to read:
366	334.044  Department; powers and duties.-The department
367	shall have the following general powers and duties:
368	(11)  To establish a numbering system for public roads, and
369	to functionally classify such roads, and to assign
370	jurisdictional responsibility.
371	(13)  To designate existing and to plan proposed
372	transportation facilities as part of the State Highway System,
373	and to construct, maintain, and operate such facilities.
374	Section 4.  Section 334.047, Florida Statutes, is amended
375	to read:
376	334.047  Prohibition.-Notwithstanding any other provision
377	of law to the contrary, the Department of Transportation may not
378	establish a cap on the number of miles in the State Highway
379	System or a maximum number of miles of urban principal arterial
380	roads, as defined in s. 334.03, within a district or county.
381	Section 5.  Subsection (4) of section 337.111, Florida
382	Statutes, is amended to read:
383	337.111  Contracting for monuments and memorials to
384	military veterans at rest areas.-The Department of
385	Transportation is authorized to enter into contract with any
386	not-for-profit group or organization that has been operating for
387	not less than 2 years for the installation of monuments and
388	memorials honoring Florida's military veterans at highway rest
389	areas around the state pursuant to the provisions of this
390	section.
391	(4)  The group or organization making the proposal shall
392	provide a 10-year bond, an annual renewable bond, an irrevocable
393	letter of credit, or other form of security as approved by the
394	department's comptroller, for the purpose of securing the cost
395	of removal of the monument and any modifications made to the
396	site as part of the placement of the monument should the
397	Department of Transportation determine it necessary to remove or
398	relocate the monument. Such removal or relocation shall be
399	approved by the committee described in subsection (1). Prior to
400	expiration, the bond shall be renewed for another 10-year period
401	if the memorial is to remain in place.
402	Section 6.  Subsections (1) and (4) of section 337.408,
403	Florida Statutes, are amended to read:
404	337.408  Regulation of bus stops, benches, transit
405	shelters, street light poles, waste disposal receptacles, and
406	modular news racks within rights-of-way.-
407	(1)  Benches or transit shelters, including advertising
408	displayed on benches or transit shelters, may be installed
409	within the right-of-way limits of any municipal, county, or
410	state road, except a limited access highway, provided that such
411	benches or transit shelters are for the comfort or convenience
412	of the general public or are at designated stops on official bus
413	routes and provided that written authorization has been given to
414	a qualified private supplier of such service by the municipal
415	government within whose incorporated limits such benches or
416	transit shelters are installed or by the county government
417	within whose unincorporated limits such benches or transit
418	shelters are installed. A municipality or county may authorize
419	the installation, without public bid, of benches and transit
420	shelters together with advertising displayed thereon within the
421	right-of-way limits of such roads. Such installations shall be
422	in compliance with all applicable laws and rules including,
423	without limitation, the Americans with Disabilities Act. By July
424	1, 2012, municipalities and counties shall conduct a review of
425	all installations within their respective jurisdictions and
426	relocate or remove, cause to be relocated or removed, or bring
427	into compliance any installation not in compliance with all
428	applicable laws and rules. Municipalities or counties shall
429	indemnify, defend, and hold harmless the department from any
430	suits, actions, proceedings, claims, losses, costs, charges,
431	expenses, damages, liabilities, attorney fees, and court costs
432	relating to the installation, removal, or relocation. Any
433	contract for the installation of benches or transit shelters or
434	advertising on benches or transit shelters which was entered
435	into before April 8, 1992, without public bidding is ratified
436	and affirmed. Such benches or transit shelters may not interfere
437	with right-of-way preservation and maintenance. Any bench or
438	transit shelter located on a sidewalk within the right-of-way
439	limits of any road on the State Highway System or the county
440	road system shall be located so as to leave at least 36 inches
441	of clearance for pedestrians and persons in wheelchairs. Such
442	clearance shall be measured in a direction perpendicular to the
443	centerline of the road.
444	(4)  The department has the authority to direct the
445	immediate relocation or removal of any bus stop, bench, transit
446	shelter, waste disposal receptacle, public pay telephone, or
447	modular news rack that endangers life or property, or that is
448	otherwise not in compliance with applicable laws and rules,
449	except that transit bus benches that were placed in service
450	before April 1, 1992, are not required to comply with bench size
451	and advertising display size requirements established by the
452	department before March 1, 1992. If a municipality or county
453	fails to comply with the department's direction, the department
454	shall remove the noncompliant installation, charge the cost of
455	the removal to the municipality or county, and may deduct or
456	offset such cost from any other funding available to the
457	municipality or county from the department. Any transit bus
458	bench that was in service before April 1, 1992, may be replaced
459	with a bus bench of the same size or smaller, if the bench is
460	damaged or destroyed or otherwise becomes unusable. The
461	department may adopt rules relating to the regulation of bench
462	size and advertising display size requirements. If a
463	municipality or county within which a bench is to be located has
464	adopted an ordinance or other applicable regulation that
465	establishes bench size or advertising display sign requirements
466	different from requirements specified in department rule, the
467	local government requirement applies within the respective
468	municipality or county. Placement of any bench or advertising
469	display on the National Highway System under a local ordinance
470	or regulation adopted under this subsection is subject to
471	approval of the Federal Highway Administration.
472	Section 7.  Chapter 338, Florida Statutes, is retitled
473	"LIMITED ACCESS AND TOLL FACILITIES."
474	Section 8.  Section 338.001, Florida Statutes, is repealed.
475	Section 9.  Subsections (1) through (6) of section 338.01,
476	Florida Statutes, are renumbered as subsections (2) through (7),
477	respectively, and a new subsection (1) is added to that section
478	to read:
479	338.01  Authority to establish and regulate limited access
480	facilities.-
481	(1)  The department is authorized to establish limited
482	access facilities as provided in s. 335.02. The primary function
483	of such limited access facilities is to allow high-speed and
484	high-volume traffic movements within the state. Access to
485	abutting land is subordinate to this function, and such access
486	must be prohibited or highly regulated.
487	Section 10.  Section 339.155, Florida Statutes, is amended
488	to read:
489	339.155  Transportation planning.-
490	(1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
491	develop and annually update a statewide transportation plan, to
492	be known as the Florida Transportation Plan. The plan shall be
493	designed so as to be easily read and understood by the general
494	public. The purpose of the Florida Transportation Plan is to
495	establish and define the state's long-range transportation goals
496	and objectives to be accomplished over a period of at least 20
497	years within the context of the State Comprehensive Plan, and
498	any other statutory mandates and authorizations and based upon
499	the prevailing principles of: preserving the existing
500	transportation infrastructure; enhancing Florida's economic
501	competitiveness; and improving travel choices to ensure
502	mobility. The Florida Transportation Plan shall consider the
503	needs of the entire state transportation system and examine the
504	use of all modes of transportation to effectively and
505	efficiently meet such needs.
506	(2)  SCOPE OF PLANNING PROCESS.-The department shall carry
507	out a transportation planning process in conformance with s.
508	334.046(1) and 23 U.S.C. s. 135. which provides for
509	consideration of projects and strategies that will:
510	(a)  Support the economic vitality of the United States,
511	Florida, and the metropolitan areas, especially by enabling
512	global competitiveness, productivity, and efficiency;
513	(b)  Increase the safety and security of the transportation
514	system for motorized and nonmotorized users;
515	(c)  Increase the accessibility and mobility options
516	available to people and for freight;
517	(d)  Protect and enhance the environment, promote energy
518	conservation, and improve quality of life;
519	(e)  Enhance the integration and connectivity of the
520	transportation system, across and between modes throughout
521	Florida, for people and freight;
522	(f)  Promote efficient system management and operation; and
523	(g)  Emphasize the preservation of the existing
524	transportation system.
525	(3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
526	Transportation Plan shall be a unified, concise planning
527	document that clearly defines the state's long-range
528	transportation goals and objectives and documents the
529	department's short-range objectives developed to further such
530	goals and objectives. The plan shall:
531	(a)  Include a glossary that clearly and succinctly defines
532	any and all phrases, words, or terms of art included in the
533	plan, with which the general public may be unfamiliar. and shall
534	consist of, at a minimum, the following components:
535	(b)(a)  Document A long-range component documenting the
536	goals and long-term objectives necessary to implement the
537	results of the department consistent with department's findings
538	from its examination of the criteria listed in subsection (2)
539	and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
540	must
541	(c)  Be developed in cooperation with the metropolitan
542	planning organizations and reconciled, to the maximum extent
543	feasible, with the long-range plans developed by metropolitan
544	planning organizations pursuant to s. 339.175. The plan must
545	also
546	(d)  Be developed in consultation with affected local
547	officials in nonmetropolitan areas and with any affected Indian
548	tribal governments. The plan must
549	(e)  Provide an examination of transportation issues likely
550	to arise during at least a 20-year period. The long-range
551	component shall
552	(f)  Be updated at least once every 5 years, or more often
553	as necessary, to reflect substantive changes to federal or state
554	law.
555	(b)  A short-range component documenting the short-term
556	objectives and strategies necessary to implement the goals and
557	long-term objectives contained in the long-range component. The
558	short-range component must define the relationship between the
559	long-range goals and the short-range objectives, specify those
560	objectives against which the department's achievement of such
561	goals will be measured, and identify transportation strategies
562	necessary to efficiently achieve the goals and objectives in the
563	plan. It must provide a policy framework within which the
564	department's legislative budget request, the strategic
565	information resource management plan, and the work program are
566	developed. The short-range component shall serve as the
567	department's annual agency strategic plan pursuant to s.
568	186.021. The short-range component shall be developed consistent
569	with available and forecasted state and federal funds. The
570	short-range component shall also be submitted to the Florida
571	Transportation Commission.
572	(4)  ANNUAL PERFORMANCE REPORT.-The department shall
573	develop an annual performance report evaluating the operation of
574	the department for the preceding fiscal year. The report shall
575	also include a summary of the financial operations of the
576	department and shall annually evaluate how well the adopted work
577	program meets the short-term objectives contained in the short-
578	range component of the Florida Transportation Plan. This
579	performance report shall be submitted to the Florida
580	Transportation Commission and the legislative appropriations and
581	transportation committees.
582	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.-
583	(a)  Upon request by local governmental entities, the
584	department may in its discretion develop and design
585	transportation corridors, arterial and collector streets,
586	vehicular parking areas, and other support facilities which are
587	consistent with the plans of the department for major
588	transportation facilities. The department may render to local
589	governmental entities or their planning agencies such technical
590	assistance and services as are necessary so that local plans and
591	facilities are coordinated with the plans and facilities of the
592	department.
593	(b)  Each regional planning council, as provided for in s.
594	186.504, or any successor agency thereto, shall develop, as an
595	element of its strategic regional policy plan, transportation
596	goals and policies. The transportation goals and policies must
597	be prioritized to comply with the prevailing principles provided
598	in subsection (2) and s. 334.046(1). The transportation goals
599	and policies shall be consistent, to the maximum extent
600	feasible, with the goals and policies of the metropolitan
601	planning organization and the Florida Transportation Plan. The
602	transportation goals and policies of the regional planning
603	council will be advisory only and shall be submitted to the
604	department and any affected metropolitan planning organization
605	for their consideration and comments. Metropolitan planning
606	organization plans and other local transportation plans shall be
607	developed consistent, to the maximum extent feasible, with the
608	regional transportation goals and policies. The regional
609	planning council shall review urbanized area transportation
610	plans and any other planning products stipulated in s. 339.175
611	and provide the department and respective metropolitan planning
612	organizations with written recommendations which the department
613	and the metropolitan planning organizations shall take under
614	advisement. Further, the regional planning councils shall
615	directly assist local governments which are not part of a
616	metropolitan area transportation planning process in the
617	development of the transportation element of their comprehensive
618	plans as required by s. 163.3177.
619	(c)  Regional transportation plans may be developed in
620	regional transportation areas in accordance with an interlocal
621	agreement entered into pursuant to s. 163.01 by two or more
622	contiguous metropolitan planning organizations; one or more
623	metropolitan planning organizations and one or more contiguous
624	counties, none of which is a member of a metropolitan planning
625	organization; a multicounty regional transportation authority
626	created by or pursuant to law; two or more contiguous counties
627	that are not members of a metropolitan planning organization; or
628	metropolitan planning organizations comprised of three or more
629	counties.
630	(d)  The interlocal agreement must, at a minimum, identify
631	the entity that will coordinate the development of the regional
632	transportation plan; delineate the boundaries of the regional
633	transportation area; provide the duration of the agreement and
634	specify how the agreement may be terminated, modified, or
635	rescinded; describe the process by which the regional
636	transportation plan will be developed; and provide how members
637	of the entity will resolve disagreements regarding
638	interpretation of the interlocal agreement or disputes relating
639	to the development or content of the regional transportation
640	plan. Such interlocal agreement shall become effective upon its
641	recordation in the official public records of each county in the
642	regional transportation area.
643	(e)  The regional transportation plan developed pursuant to
644	this section must, at a minimum, identify regionally significant
645	transportation facilities located within a regional
646	transportation area and contain a prioritized list of regionally
647	significant projects. The level-of-service standards for
648	facilities to be funded under this subsection shall be adopted
649	by the appropriate local government in accordance with s.
650	163.3180(10). The projects shall be adopted into the capital
651	improvements schedule of the local government comprehensive plan
652	pursuant to s. 163.3177(3).
653	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
654	TRANSPORTATION PLANNING.-
655	(a)  During the development of the long-range component of
656	the Florida Transportation Plan and prior to substantive
657	revisions, the department shall provide citizens, affected
658	public agencies, representatives of transportation agency
659	employees, other affected employee representatives, private
660	providers of transportation, and other known interested parties
661	with an opportunity to comment on the proposed plan or
662	revisions. These opportunities shall include, at a minimum,
663	publishing a notice in the Florida Administrative Weekly and
664	within a newspaper of general circulation within the area of
665	each department district office.
666	(b)  During development of major transportation
667	improvements, such as those increasing the capacity of a
668	facility through the addition of new lanes or providing new
669	access to a limited or controlled access facility or
670	construction of a facility in a new location, the department
671	shall hold one or more hearings prior to the selection of the
672	facility to be provided; prior to the selection of the site or
673	corridor of the proposed facility; and prior to the selection of
674	and commitment to a specific design proposal for the proposed
675	facility. Such public hearings shall be conducted so as to
676	provide an opportunity for effective participation by interested
677	persons in the process of transportation planning and site and
678	route selection and in the specific location and design of
679	transportation facilities. The various factors involved in the
680	decision or decisions and any alternative proposals shall be
681	clearly presented so that the persons attending the hearing may
682	present their views relating to the decision or decisions which
683	will be made.
684	(c)  Opportunity for design hearings:
685	1.  The department, prior to holding a design hearing,
686	shall duly notify all affected property owners of record, as
687	recorded in the property appraiser's office, by mail at least 20
688	days prior to the date set for the hearing. The affected
689	property owners shall be:
690	a.  Those whose property lies in whole or in part within
691	300 feet on either side of the centerline of the proposed
692	facility.
693	b.  Those whom the department determines will be
694	substantially affected environmentally, economically, socially,
695	or safetywise.
696	2.  For each subsequent hearing, the department shall
697	publish notice prior to the hearing date in a newspaper of
698	general circulation for the area affected. These notices must be
699	published twice, with the first notice appearing at least 15
700	days, but no later than 30 days, before the hearing.
701	3.  A copy of the notice of opportunity for the hearing
702	must be furnished to the United States Department of
703	Transportation and to the appropriate departments of the state
704	government at the time of publication.
705	4.  The opportunity for another hearing shall be afforded
706	in any case when proposed locations or designs are so changed
707	from those presented in the notices specified above or at a
708	hearing as to have a substantially different social, economic,
709	or environmental effect.
710	5.  The opportunity for a hearing shall be afforded in each
711	case in which the department is in doubt as to whether a hearing
712	is required.
713	Section 11.  Section 339.62, Florida Statutes, is amended
714	to read:
715	339.62  System components.-The Strategic Intermodal System
716	shall consist of appropriate components of:
717	(1)  Highway corridors The Florida Intrastate Highway
718	System established under s. 339.65 s. 338.001.
719	(2)  The National Highway System.
720	(3)  Airport, seaport, and spaceport facilities.
721	(4)  Rail lines and rail facilities.
722	(5)  Selected intermodal facilities; passenger and freight
723	terminals; and appropriate components of the State Highway
724	System, county road system, city street system, inland
725	waterways, and local public transit systems that serve as
726	existing or planned connectors between the components listed in
727	subsections (1)-(4).
728	(6)  Other existing or planned corridors that serve a
729	statewide or interregional purpose.
730	Section 12.  Subsection (2) of section 339.63, Florida
731	Statutes, is amended to read:
732	339.63  System facilities designated; additions and
733	deletions.-
734	(2)  The Strategic Intermodal System and the Emerging
735	Strategic Intermodal System include four three different types
736	of facilities that each form one component of an interconnected
737	transportation system which types include:
738	(a)  Existing or planned hubs that are ports and terminals
739	including airports, seaports, spaceports, passenger terminals,
740	and rail terminals serving to move goods or people between
741	Florida regions or between Florida and other markets in the
742	United States and the rest of the world;
743	(b)  Existing or planned corridors that are highways, rail
744	lines, waterways, and other exclusive-use facilities connecting
745	major markets within Florida or between Florida and other states
746	or nations; and
747	(c)  Existing or planned intermodal connectors that are
748	highways, rail lines, waterways or local public transit systems
749	serving as connectors between the components listed in
750	paragraphs (a) and (b).
751	(d)  Existing or planned military access facilities that
752	are highways or rail lines linking Strategic Intermodal System
753	corridors to the state's strategic military installations.
754	Section 13.  Section 339.64, Florida Statutes, is amended
755	to read:
756	339.64  Strategic Intermodal System Plan.-
757	(1)  The department shall develop, in cooperation with
758	metropolitan planning organizations, regional planning councils,
759	local governments, the Statewide Intermodal Transportation
760	Advisory Council and other transportation providers, a Strategic
761	Intermodal System Plan. The plan shall be consistent with the
762	Florida Transportation Plan developed pursuant to s. 339.155 and
763	shall be updated at least once every 5 years, subsequent to
764	updates of the Florida Transportation Plan.
765	(2)  In association with the continued development of the
766	Strategic Intermodal System Plan, the Florida Transportation
767	Commission, as part of its work program review process, shall
768	conduct an annual assessment of the progress that the department
769	and its transportation partners have made in realizing the goals
770	of economic development, improved mobility, and increased
771	intermodal connectivity of the Strategic Intermodal System. The
772	Florida Transportation Commission shall coordinate with the
773	department, the Statewide Intermodal Transportation Advisory
774	Council, and other appropriate entities when developing this
775	assessment. The Florida Transportation Commission shall deliver
776	a report to the Governor and Legislature no later than 14 days
777	after the regular session begins, with recommendations as
778	necessary to fully implement the Strategic Intermodal System.
779	(3)(a)  During the development of updates to the Strategic
780	Intermodal System Plan, the department shall provide
781	metropolitan planning organizations, regional planning councils,
782	local governments, transportation providers, affected public
783	agencies, and citizens with an opportunity to participate in and
784	comment on the development of the update.
785	(b)  The department also shall coordinate with federal,
786	regional, and local partners the planning for the Strategic
787	Highway Network and the Strategic Rail Corridor Network
788	transportation facilities that either are included in the
789	Strategic Intermodal System or that provide a direct connection
790	between military installations and the Strategic Intermodal
791	System. In addition, the department shall coordinate with
792	regional and local partners to determine whether the road and
793	other transportation infrastructure that connect military
794	installations to the Strategic Intermodal System, the Strategic
795	Highway Network, or the Strategic Rail Corridor is regionally
796	significant and should be included in the Strategic Intermodal
797	System Plan.
798	(4)  The Strategic Intermodal System Plan shall include the
799	following:
800	(a)  A needs assessment.
801	(b)  A project prioritization process.
802	(c)  A map of facilities designated as Strategic Intermodal
803	System facilities; facilities that are emerging in importance
804	and that are likely to become part of the system in the future;
805	and planned facilities that will meet the established criteria.
806	(d)  A finance plan based on reasonable projections of
807	anticipated revenues, including both 10-year and at least 20-
808	year cost-feasible components.
809	(e)  An assessment of the impacts of proposed improvements
810	to Strategic Intermodal System corridors on military
811	installations that are either located directly on the Strategic
812	Intermodal System or located on the Strategic Highway Network or
813	Strategic Rail Corridor Network.
814	(5)  STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.-
815	(a)  The Statewide Intermodal Transportation Advisory
816	Council is created to advise and make recommendations to the
817	Legislature and the department on policies, planning, and
818	funding of intermodal transportation projects. The council's
819	responsibilities shall include:
820	1.  Advising the department on the policies, planning, and
821	implementation of strategies related to intermodal
822	transportation.
823	2.  Providing advice and recommendations to the Legislature
824	on funding for projects to move goods and people in the most
825	efficient and effective manner for the State of Florida.
826	(b)  MEMBERSHIP.-Members of the Statewide Intermodal
827	Transportation Advisory Council shall consist of the following:
828	1.  Six intermodal industry representatives selected by the
829	Governor as follows:
830	a.  One representative from an airport involved in the
831	movement of freight and people from their airport facility to
832	another transportation mode.
833	b.  One individual representing a fixed-route, local-
834	government transit system.
835	c.  One representative from an intercity bus company
836	providing regularly scheduled bus travel as determined by
837	federal regulations.
838	d.  One representative from a spaceport.
839	e.  One representative from intermodal trucking companies.
840	f.  One representative having command responsibilities of a
841	major military installation.
842	2.  Three intermodal industry representatives selected by
843	the President of the Senate as follows:
844	a.  One representative from major-line railroads.
845	b.  One representative from seaports listed in s. 311.09(1)
846	from the Atlantic Coast.
847	c.  One representative from an airport involved in the
848	movement of freight and people from their airport facility to
849	another transportation mode.
850	3.  Three intermodal industry representatives selected by
851	the Speaker of the House of Representatives as follows:
852	a.  One representative from short-line railroads.
853	b.  One representative from seaports listed in s. 311.09(1)
854	from the Gulf Coast.
855	c.  One representative from intermodal trucking companies.
856	In no event may this representative be employed by the same
857	company that employs the intermodal trucking company
858	representative selected by the Governor.
859	(c)  Initial appointments to the council must be made no
860	later than 30 days after the effective date of this section.
861	1.  The initial appointments made by the President of the
862	Senate and the Speaker of the House of Representatives shall
863	serve terms concurrent with those of the respective appointing
864	officer. Beginning January 15, 2005, and for all subsequent
865	appointments, council members appointed by the President of the
866	Senate and the Speaker of the House of Representatives shall
867	serve 2-year terms, concurrent with the term of the respective
868	appointing officer.
869	2.  The initial appointees, and all subsequent appointees,
870	made by the Governor shall serve 2-year terms.
871	3.  Vacancies on the council shall be filled in the same
872	manner as the initial appointments.
873	(d)  Each member of the council shall be allowed one vote.
874	The council shall select a chair from among its membership.
875	Meetings shall be held at the call of the chair, but not less
876	frequently than quarterly. The members of the council shall be
877	reimbursed for per diem and travel expenses as provided in s.
878	112.061.
879	(e)  The department shall provide administrative staff
880	support and shall ensure that council meetings are
881	electronically recorded. Such recordings and all documents
882	received, prepared for, or used by the council in conducting its
883	business shall be preserved pursuant to chapters 119 and 257.
884	Section 14.  Section 339.65, Florida Statutes, is created
885	to read:
886	339.65  Strategic Intermodal System highway corridors.-
887	(1)  The department shall plan and develop Strategic
888	Intermodal System highway corridors, including limited and
889	controlled access facilities, allowing for high-speed and high-
890	volume traffic movements within the state. The primary function
891	of these corridors is to provide such traffic movements. Access
892	to abutting land is subordinate to this function, and such
893	access must be prohibited or highly regulated.
894	(2)  Strategic Intermodal System highway corridors shall
895	include facilities from the following components of the State
896	Highway System that meet the criteria adopted by the department
897	pursuant to s. 339.63:
898	(a)  Interstate highways.
899	(b)  The Florida Turnpike System.
900	(c)  Interregional and intercity limited access facilities.
901	(d)  Existing interregional and intercity arterial highways
902	previously upgraded or upgraded in the future to limited access
903	or controlled access facility standards.
904	(e)  New limited access facilities necessary to complete a
905	balanced statewide system.
906	(3)  The department shall adhere to the following policy
907	guidelines in the development of Strategic Intermodal System
908	highway corridors:
909	(a)  Make capacity improvements to existing facilities
910	where feasible to minimize costs and environmental impacts.
911	(b)  Identify appropriate arterial highways in major
912	transportation corridors for inclusion in a program to bring
913	these facilities up to limited access or controlled access
914	facility standards.
915	(c)  Coordinate proposed projects with appropriate limited
916	access projects undertaken by expressway authorities and local
917	governmental entities.
918	(d)  Maximize the use of limited access facility standards
919	when constructing new arterial highways.
920	(e)  Identify appropriate new limited access highways for
921	inclusion as a part of the Florida Turnpike System.
922	(f)  To the maximum extent feasible, ensure that proposed
923	projects are consistent with approved local government
924	comprehensive plans of the local jurisdictions in which such
925	facilities are to be located and with the transportation
926	improvement program of any metropolitan planning organization in
927	which such facilities are to be located.
928	(4)  The department shall develop and maintain a plan of
929	Strategic Intermodal System highway corridor projects that are
930	anticipated to be let to contract for construction within a time
931	period of at least 20 years. The plan shall also identify when
932	segments of the corridor will meet the standards and criteria
933	developed pursuant to subsection (5).
934	(5)  The department shall establish the standards and
935	criteria for the functional characteristics and design of
936	facilities proposed as part of Strategic Intermodal System
937	highway corridors.
938	(6)  For the purposes of developing the proposed Strategic
939	Intermodal System highway corridors, beginning in fiscal year
940	2003-2004 and for each fiscal year thereafter, the minimum
941	amount allocated shall be based on the fiscal year 2003-2004
942	allocation of $450 million adjusted annually by the change in
943	the Consumer Price Index for the prior fiscal year compared to
944	the Consumer Price Index for fiscal year 2003-2004.
945	(7)  Any project to be constructed as part of a Strategic
946	Intermodal System highway corridor shall be included in the
947	department's adopted work program. Any Strategic Intermodal
948	System highway corridor projects that are added to or deleted
949	from the previous adopted work program, or any modification to
950	Strategic Intermodal System highway corridor projects contained
951	in the previous adopted work program, shall be specifically
952	identified and submitted as a separate part of the tentative
953	work program.
954	Section 15.  Paragraph (a) of subsection (12) of section
955	163.3180, Florida Statutes, is amended to read:
956	163.3180  Concurrency.-
957	(12)(a)  A development of regional impact may satisfy the
958	transportation concurrency requirements of the local
959	comprehensive plan, the local government's concurrency
960	management system, and s. 380.06 by payment of a proportionate-
961	share contribution for local and regionally significant traffic
962	impacts, if:
963	1.  The development of regional impact which, based on its
964	location or mix of land uses, is designed to encourage
965	pedestrian or other nonautomotive modes of transportation;
966	2.  The proportionate-share contribution for local and
967	regionally significant traffic impacts is sufficient to pay for
968	one or more required mobility improvements that will benefit a
969	regionally significant transportation facility;
970	3.  The owner and developer of the development of regional
971	impact pays or assures payment of the proportionate-share
972	contribution; and
973	4.  If the regionally significant transportation facility
974	to be constructed or improved is under the maintenance authority
975	of a governmental entity, as defined by s. 334.03(12), other
976	than the local government with jurisdiction over the development
977	of regional impact, the developer is required to enter into a
978	binding and legally enforceable commitment to transfer funds to
979	the governmental entity having maintenance authority or to
980	otherwise assure construction or improvement of the facility.
981
982	The proportionate-share contribution may be applied to any
983	transportation facility to satisfy the provisions of this
984	subsection and the local comprehensive plan, but, for the
985	purposes of this subsection, the amount of the proportionate-
986	share contribution shall be calculated based upon the cumulative
987	number of trips from the proposed development expected to reach
988	roadways during the peak hour from the complete buildout of a
989	stage or phase being approved, divided by the change in the peak
990	hour maximum service volume of roadways resulting from
991	construction of an improvement necessary to maintain the adopted
992	level of service, multiplied by the construction cost, at the
993	time of developer payment, of the improvement necessary to
994	maintain the adopted level of service. For purposes of this
995	subsection, "construction cost" includes all associated costs of
996	the improvement. Proportionate-share mitigation shall be limited
997	to ensure that a development of regional impact meeting the
998	requirements of this subsection mitigates its impact on the
999	transportation system but is not responsible for the additional
1000	cost of reducing or eliminating backlogs. This subsection also
1001	applies to Florida Quality Developments pursuant to s. 380.061
1002	and to detailed specific area plans implementing optional sector
1003	plans pursuant to s. 163.3245.
1004	Section 16.  Paragraph (k) of subsection (1) of section
1005	163.3187, Florida Statutes, is amended to read:
1006	163.3187  Amendment of adopted comprehensive plan.-
1007	(1)  Amendments to comprehensive plans adopted pursuant to
1008	this part may be made not more than two times during any
1009	calendar year, except:
1010	(k)  A local comprehensive plan amendment directly related
1011	to providing transportation improvements to enhance life safety
1012	on controlled access major arterial highways identified in the
1013	Strategic Intermodal System Florida Intrastate Highway System,
1014	in counties as defined in s. 125.011, where such roadways have a
1015	high incidence of traffic accidents resulting in serious injury
1016	or death. Any such amendment shall not include any amendment
1017	modifying the designation on a comprehensive development plan
1018	land use map nor any amendment modifying the allowable densities
1019	or intensities of any land.
1020	Section 17.  Subsection (3) of section 288.063, Florida
1021	Statutes, is amended to read:
1022	288.063  Contracts for transportation projects.-
1023	(3)  With respect to any contract executed pursuant to this
1024	section, the term "transportation project" means a
1025	transportation facility as defined in s. 334.03(31) which is
1026	necessary in the judgment of the Office of Tourism, Trade, and
1027	Economic Development to facilitate the economic development and
1028	growth of the state. Except for applications received prior to
1029	July 1, 1996, such transportation projects shall be approved
1030	only as a consideration to attract new employment opportunities
1031	to the state or expand or retain employment in existing
1032	companies operating within the state, or to allow for the
1033	construction or expansion of a state or federal correctional
1034	facility in a county with a population of 75,000 or less that
1035	creates new employment opportunities or expands or retains
1036	employment in the county. The Office of Tourism, Trade, and
1037	Economic Development shall institute procedures to ensure that
1038	small and minority businesses have equal access to funding
1039	provided under this section. Funding for approved transportation
1040	projects may include any expenses, other than administrative
1041	costs and equipment purchases specified in the contract,
1042	necessary for new, or improvement to existing, transportation
1043	facilities. Funds made available pursuant to this section may
1044	not be expended in connection with the relocation of a business
1045	from one community to another community in this state unless the
1046	Office of Tourism, Trade, and Economic Development determines
1047	that without such relocation the business will move outside this
1048	state or determines that the business has a compelling economic
1049	rationale for the relocation which creates additional jobs.
1050	Subject to appropriation for projects under this section, any
1051	appropriation greater than $10 million shall be allocated to
1052	each of the districts of the Department of Transportation to
1053	ensure equitable geographical distribution. Such allocated funds
1054	that remain uncommitted by the third quarter of the fiscal year
1055	shall be reallocated among the districts based on pending
1056	project requests.
1057	Section 18.  Paragraph (b) of subsection (3) of section
1058	311.07, Florida Statutes, is amended to read:
1059	311.07  Florida seaport transportation and economic
1060	development funding.-
1061	(3)
1062	(b)  Projects eligible for funding by grants under the
1063	program are limited to the following port facilities or port
1064	transportation projects:
1065	1.  Transportation facilities within the jurisdiction of
1066	the port.
1067	2.  The dredging or deepening of channels, turning basins,
1068	or harbors.
1069	3.  The construction or rehabilitation of wharves, docks,
1070	structures, jetties, piers, storage facilities, cruise
1071	terminals, automated people mover systems, or any facilities
1072	necessary or useful in connection with any of the foregoing.
1073	4.  The acquisition of vessel tracking systems, container
1074	cranes, or other mechanized equipment used in the movement of
1075	cargo or passengers in international commerce.
1076	5.  The acquisition of land to be used for port purposes.
1077	6.  The acquisition, improvement, enlargement, or extension
1078	of existing port facilities.
1079	7.  Environmental protection projects which are necessary
1080	because of requirements imposed by a state agency as a condition
1081	of a permit or other form of state approval; which are necessary
1082	for environmental mitigation required as a condition of a state,
1083	federal, or local environmental permit; which are necessary for
1084	the acquisition of spoil disposal sites and improvements to
1085	existing and future spoil sites; or which result from the
1086	funding of eligible projects listed in this paragraph.
1087	8.  Transportation facilities as defined in s. 334.03(31)
1088	which are not otherwise part of the Department of
1089	Transportation's adopted work program.
1090	9.  Seaport intermodal access projects identified in the 5-
1091	year Florida Seaport Mission Plan as provided in s. 311.09(3).
1092	10.  Construction or rehabilitation of port facilities as
1093	defined in s. 315.02, excluding any park or recreational
1094	facilities, in ports listed in s. 311.09(1) with operating
1095	revenues of $5 million or less, provided that such projects
1096	create economic development opportunities, capital improvements,
1097	and positive financial returns to such ports.
1098	Section 19.  Subsection (7) of section 311.09, Florida
1099	Statutes, is amended to read:
1100	311.09  Florida Seaport Transportation and Economic
1101	Development Council.-
1102	(7)  The Department of Transportation shall review the list
1103	of projects approved by the council for consistency with the
1104	Florida Transportation Plan and the department's adopted work
1105	program. In evaluating the consistency of a project, the
1106	department shall determine whether the transportation impact of
1107	the proposed project is adequately handled by existing state-
1108	owned transportation facilities or by the construction of
1109	additional state-owned transportation facilities as identified
1110	in the Florida Transportation Plan and the department's adopted
1111	work program. In reviewing for consistency a transportation
1112	facility project as defined in s. 334.03(31) which is not
1113	otherwise part of the department's work program, the department
1114	shall evaluate whether the project is needed to provide for
1115	projected movement of cargo or passengers from the port to a
1116	state transportation facility or local road. If the project is
1117	needed to provide for projected movement of cargo or passengers,
1118	the project shall be approved for consistency as a consideration
1119	to facilitate the economic development and growth of the state
1120	in a timely manner. The Department of Transportation shall
1121	identify those projects which are inconsistent with the Florida
1122	Transportation Plan and the adopted work program and shall
1123	notify the council of projects found to be inconsistent.
1124	Section 20.  Section 316.2122, Florida Statutes, is amended
1125	to read:
1126	316.2122  Operation of a low-speed vehicle or mini truck on
1127	certain roadways.-The operation of a low-speed vehicle as
1128	defined in s. 320.01(42) or a mini truck as defined in s.
1129	320.01(45) on any road as defined in s. 334.03(15) or (33) is
1130	authorized with the following restrictions:
1131	(1)  A low-speed vehicle or mini truck may be operated only
1132	on streets where the posted speed limit is 35 miles per hour or
1133	less. This does not prohibit a low-speed vehicle or mini truck
1134	from crossing a road or street at an intersection where the road
1135	or street has a posted speed limit of more than 35 miles per
1136	hour.
1137	(2)  A low-speed vehicle must be equipped with headlamps,
1138	stop lamps, turn signal lamps, taillamps, reflex reflectors,
1139	parking brakes, rearview mirrors, windshields, seat belts, and
1140	vehicle identification numbers.
1141	(3)  A low-speed vehicle or mini truck must be registered
1142	and insured in accordance with s. 320.02 and titled pursuant to
1143	chapter 319.
1144	(4)  Any person operating a low-speed vehicle or mini truck
1145	must have in his or her possession a valid driver's license.
1146	(5)  A county or municipality may prohibit the operation of
1147	low-speed vehicles or mini trucks on any road under its
1148	jurisdiction if the governing body of the county or municipality
1149	determines that such prohibition is necessary in the interest of
1150	safety.
1151	(6)  The Department of Transportation may prohibit the
1152	operation of low-speed vehicles or mini trucks on any road under
1153	its jurisdiction if it determines that such prohibition is
1154	necessary in the interest of safety.
1155	Section 21.  Section 318.12, Florida Statutes, is amended
1156	to read:
1157	318.12  Purpose.-It is the legislative intent in the
1158	adoption of this chapter to decriminalize certain violations of
1159	chapter 316, the Florida Uniform Traffic Control Law; chapter
1160	320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1161	chapter 338, Limited Access Florida Intrastate Highway System
1162	and Toll Facilities; and chapter 1006, Support of Learning,
1163	thereby facilitating the implementation of a more uniform and
1164	expeditious system for the disposition of traffic infractions.
1165	Section 22.  Subsection (3) of section 335.02, Florida
1166	Statutes, is amended to read:
1167	335.02  Authority to designate transportation facilities
1168	and rights-of-way and establish lanes; procedure for
1169	redesignation and relocation; application of local regulations.-
1170	(3)  The department may establish standards for lanes on
1171	the State Highway System, including the Strategic Intermodal
1172	System highway corridors Florida Intrastate Highway System
1173	established pursuant to s. 339.65 338.001. In determining the
1174	number of lanes for any regional corridor or section of highway
1175	on the State Highway System to be funded by the department with
1176	state or federal funds, the department shall evaluate all
1177	alternatives and seek to achieve the highest degree of efficient
1178	mobility for corridor users. In conducting the analysis, the
1179	department must give consideration to the following factors
1180	consistent with sound engineering principles:
1181	(a)  Overall economic importance of the corridor as a trade
1182	or tourism corridor.
1183	(b)  Safety of corridor users, including the importance of
1184	the corridor for evacuation purposes.
1185	(c)  Cost-effectiveness of alternative methods of
1186	increasing the mobility of corridor users.
1187	(d)  Current and projected traffic volumes on the corridor.
1188	(e)  Multimodal alternatives.
1189	(f)  Use of intelligent transportation technology in
1190	increasing the efficiency of the corridor.
1191	(g)  Compliance with state and federal policies related to
1192	clean air, environmental impacts, growth management, livable
1193	communities, and energy conservation.
1194	(h)  Addition of special use lanes, such as exclusive truck
1195	lanes, high-occupancy-vehicle toll lanes, and exclusive
1196	interregional traffic lanes.
1197	(i)  Availability and cost of rights-of-way, including
1198	associated costs, and the most effective use of existing rights-
1199	of-way.
1200	(j)  Regional economic and transportation objectives, where
1201	articulated.
1202	(k)  The future land use plan element of local government
1203	comprehensive plans, as appropriate, including designated urban
1204	infill and redevelopment areas.
1205	(l)  The traffic circulation element, if applicable, of
1206	local government comprehensive plans, including designated
1207	transportation corridors and public transportation corridors.
1208	(m)  The approved metropolitan planning organization's
1209	long-range transportation plan, as appropriate.
1210
1211	This subsection does not preclude a number of lanes in excess of
1212	10 lanes, but an additional factor that must be considered
1213	before the department may determine that the number of lanes
1214	should be more than 10 is the capacity to accommodate in the
1215	future alternative forms of transportation within existing or
1216	potential rights-of-way.
1217	Section 23.  Section 336.01, Florida Statutes, is amended
1218	to read:
1219	336.01  Designation of county road system.-The county road
1220	system shall be as defined in s. 334.03(8).
1221	Section 24.  Subsection (2) of section 338.222, Florida
1222	Statutes, is amended to read:
1223	338.222  Department of Transportation sole governmental
1224	entity to acquire, construct, or operate turnpike projects;
1225	exception.-
1226	(2)  The department may contract with any local
1227	governmental entity as defined in s. 334.03(13)(14) for the
1228	design, right-of-way acquisition, or construction of any
1229	turnpike project which the Legislature has approved. Local
1230	governmental entities may negotiate with the department for the
1231	design, right-of-way acquisition, and construction of any
1232	section of the turnpike project within areas of their respective
1233	jurisdictions or within counties with which they have interlocal
1234	agreements.
1235	Section 25.  Paragraph (b) of subsection (1) of section
1236	338.223, Florida Statutes, is amended to read:
1237	338.223  Proposed turnpike projects.-
1238	(1)
1239	(b)  Any proposed turnpike project or improvement shall be
1240	developed in accordance with the Florida Transportation Plan and
1241	the work program pursuant to s. 339.135. Turnpike projects that
1242	add capacity, alter access, affect feeder roads, or affect the
1243	operation of the local transportation system shall be included
1244	in the transportation improvement plan of the affected
1245	metropolitan planning organization. If such turnpike project
1246	does not fall within the jurisdiction of a metropolitan planning
1247	organization, the department shall notify the affected county
1248	and provide for public hearings in accordance with s.
1249	339.155(5)(6)(c).
1250	Section 26.  Subsection (4) of section 338.227, Florida
1251	Statutes, is amended to read:
1252	338.227  Turnpike revenue bonds.-
1253	(4)  The Department of Transportation and the Department of
1254	Management Services shall create and implement an outreach
1255	program designed to enhance the participation of minority
1256	persons and minority business enterprises in all contracts
1257	entered into by their respective departments for services
1258	related to the financing of department projects for the
1259	Strategic Intermodal System Plan developed pursuant to s. 339.64
1260	Florida Intrastate Highway System Plan. These services shall
1261	include, but not be limited to, bond counsel and bond
1262	underwriters.
1263	Section 27.  Subsection (2) of section 338.2275, Florida
1264	Statutes, is amended to read:
1265	338.2275  Approved turnpike projects.-
1266	(2)  The department is authorized to use turnpike revenues,
1267	the State Transportation Trust Fund moneys allocated for
1268	turnpike projects pursuant to s. 339.65 s. 338.001, federal
1269	funds, and bond proceeds, and shall use the most cost-efficient
1270	combination of such funds, in developing a financial plan for
1271	funding turnpike projects. The department must submit a report
1272	of the estimated cost for each ongoing turnpike project and for
1273	each planned project to the Legislature 14 days before the
1274	convening of the regular legislative session. Verification of
1275	economic feasibility and statements of environmental feasibility
1276	for individual turnpike projects must be based on the entire
1277	project as approved. Statements of environmental feasibility are
1278	not required for those projects listed in s. 12, chapter 90-136,
1279	Laws of Florida, for which the Project Development and
1280	Environmental Reports were completed by July 1, 1990. All
1281	required environmental permits must be obtained before the
1282	department may advertise for bids for contracts for the
1283	construction of any turnpike project.
1284	Section 28.  Section 338.228, Florida Statutes, is amended
1285	to read:
1286	338.228  Bonds not debts or pledges of credit of state.-
1287	Turnpike revenue bonds issued under the provisions of ss.
1288	338.22-338.241 are not debts of the state or pledges of the
1289	faith and credit of the state. Such bonds are payable
1290	exclusively from revenues pledged for their payment. All such
1291	bonds shall contain a statement on their face that the state is
1292	not obligated to pay the same or the interest thereon, except
1293	from the revenues pledged for their payment, and that the faith
1294	and credit of the state is not pledged to the payment of the
1295	principal or interest of such bonds. The issuance of turnpike
1296	revenue bonds under the provisions of ss. 338.22-338.241 does
1297	not directly, indirectly, or contingently obligate the state to
1298	levy or to pledge any form of taxation whatsoever, or to make
1299	any appropriation for their payment. Except as provided in ss.
1300	338.001, 338.223, and 338.2275, and 339.65, no state funds shall
1301	be used on any turnpike project or to pay the principal or
1302	interest of any bonds issued to finance or refinance any portion
1303	of the turnpike system, and all such bonds shall contain a
1304	statement on their face to this effect.
1305	Section 29.  Subsection (2) of section 338.234, Florida
1306	Statutes, is amended to read:
1307	338.234  Granting concessions or selling along the turnpike
1308	system; immunity from taxation.-
1309	(2)  The effectuation of the authorized purposes of the
1310	Strategic Intermodal System, created under ss. 339.61-339.65,
1311	Florida Intrastate Highway System and Florida Turnpike
1312	Enterprise, created under this chapter, is for the benefit of
1313	the people of the state, for the increase of their commerce and
1314	prosperity, and for the improvement of their health and living
1315	conditions; and, because the system and enterprise perform
1316	essential government functions in effectuating such purposes,
1317	neither the turnpike enterprise nor any nongovernment lessee or
1318	licensee renting, leasing, or licensing real property from the
1319	turnpike enterprise, pursuant to an agreement authorized by this
1320	section, are required to pay any commercial rental tax imposed
1321	under s. 212.031 on any capital improvements constructed,
1322	improved, acquired, installed, or used for such purposes.
1323	Section 30.  Subsections (1) and (3) of section 339.2819,
1324	Florida Statutes, are amended to read:
1325	339.2819  Transportation Regional Incentive Program.-
1326	(1)  There is created within the Department of
1327	Transportation a Transportation Regional Incentive Program for
1328	the purpose of providing funds to improve regionally significant
1329	transportation facilities in regional transportation areas
1330	created pursuant to s. 339.155(4)(5).
1331	(3)  The department shall allocate funding available for
1332	the Transportation Regional Incentive Program to the districts
1333	based on a factor derived from equal parts of population and
1334	motor fuel collections for eligible counties in regional
1335	transportation areas created pursuant to s. 339.155(4)(5).
1336	Section 31.  Subsection (6) of section 339.285, Florida
1337	Statutes, is amended to read:
1338	339.285  Enhanced Bridge Program for Sustainable
1339	Transportation.-
1340	(6)  Preference shall be given to bridge projects located
1341	on corridors that connect to the Strategic Intermodal System,
1342	created under s. 339.64, and that have been identified as
1343	regionally significant in accordance with s. 339.155(4)(5)(c),
1344	(d), and (e).
1345	Section 32.  Subsection (2) of section 341.053, Florida
1346	Statutes, is amended to read:
1347	341.053  Intermodal Development Program; administration;
1348	eligible projects; limitations.-
1349	(2)  In recognition of the department's role in the
1350	economic development of this state, the department shall develop
1351	a proposed intermodal development plan to connect Florida's
1352	airports, deepwater seaports, rail systems serving both
1353	passenger and freight, and major intermodal connectors to the
1354	Strategic Intermodal System highway corridors Florida Intrastate
1355	Highway System facilities as the primary system for the movement
1356	of people and freight in this state in order to make the
1357	intermodal development plan a fully integrated and
1358	interconnected system. The intermodal development plan must:
1359	(a)  Define and assess the state's freight intermodal
1360	network, including airports, seaports, rail lines and terminals,
1361	intercity bus lines and terminals, and connecting highways.
1362	(b)  Prioritize statewide infrastructure investments,
1363	including the acceleration of current projects, which are found
1364	by the Freight Stakeholders Task Force to be priority projects
1365	for the efficient movement of people and freight.
1366	(c)  Be developed in a manner that will assure maximum use
1367	of existing facilities and optimum integration and coordination
1368	of the various modes of transportation, including both
1369	government-owned and privately owned resources, in the most
1370	cost-effective manner possible.
1371	Section 33.  Subsection (2) of section 341.8225, Florida
1372	Statutes, is amended to read:
1373	341.8225  Department of Transportation sole governmental
1374	entity to acquire, construct, or operate high-speed rail
1375	projects; exception.-
1376	(2)  Local governmental entities, as defined in s.
1377	334.03(13)(14), may negotiate with the department for the
1378	design, right-of-way acquisition, and construction of any
1379	component of the high-speed rail system within areas of their
1380	respective jurisdictions or within counties with which they have
1381	interlocal agreements.
1382	Section 34.  Paragraph (a) of subsection (2) of section
1383	403.7211, Florida Statutes, is amended to read:
1384	403.7211  Hazardous waste facilities managing hazardous
1385	wastes generated offsite; federal facilities managing hazardous
1386	waste.-
1387	(2)  The department shall not issue any permit under s.
1388	403.722 for the construction, initial operation, or substantial
1389	modification of a facility for the disposal, storage, or
1390	treatment of hazardous waste generated offsite which is proposed
1391	to be located in any of the following locations:
1392	(a)  Any area where life-threatening concentrations of
1393	hazardous substances could accumulate at any residence or
1394	residential subdivision as the result of a catastrophic event at
1395	the proposed facility, unless each such residence or residential
1396	subdivision is served by at least one arterial road or urban
1397	minor arterial road, as determined under the procedures
1398	referenced in s. 334.03(9) defined in s. 334.03, which provides
1399	safe and direct egress by land to an area where such life-
1400	threatening concentrations of hazardous substances could not
1401	accumulate in a catastrophic event. Egress by any road leading
1402	from any residence or residential subdivision to any point
1403	located within 1,000 yards of the proposed facility is unsafe
1404	for the purposes of this paragraph. In determining whether
1405	egress proposed by the applicant is safe and direct, the
1406	department shall also consider, at a minimum, the following
1407	factors:
1408	1.  Natural barriers such as water bodies, and whether any
1409	road in the proposed evacuation route is impaired by a natural
1410	barrier such as a water body;
1411	2.  Potential exposure during egress and potential
1412	increases in the duration of exposure;
1413	3.  Whether any road in a proposed evacuation route passes
1414	in close proximity to the facility; and
1415	4.  Whether any portion of the evacuation route is
1416	inherently directed toward the facility.
1417
1418	For the purposes of this subsection, all distances shall be
1419	measured from the outer limit of the active hazardous waste
1420	management area. "Substantial modification" includes: any
1421	physical change in, change in the operations of, or addition to
1422	a facility which could increase the potential offsite impact, or
1423	risk of impact, from a release at that facility; and any change
1424	in permit conditions which is reasonably expected to lead to
1425	greater potential impacts or risks of impacts, from a release at
1426	that facility. "Substantial modification" does not include a
1427	change in operations, structures, or permit conditions which
1428	does not substantially increase either the potential impact
1429	from, or the risk of, a release. Physical or operational changes
1430	to a facility related solely to the management of nonhazardous
1431	waste at the facility shall not be considered a substantial
1432	modification. The department shall, by rule, adopt criteria to
1433	determine whether a facility has been substantially modified.
1434	"Initial operation" means the initial commencement of operations
1435	at the facility.
1436	Section 35.  Subsection (27) of section 479.01, Florida
1437	Statutes, is amended to read:
1438	479.01  Definitions.-As used in this chapter, the term:
1439	(27)  "Urban area" has the same meaning as defined in s.
1440	334.03(29).
1441	Section 36.  Subsection (1) of section 479.07, Florida
1442	Statutes, is amended to read:
1443	479.07  Sign permits.-
1444	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1445	person may not erect, operate, use, or maintain, or cause to be
1446	erected, operated, used, or maintained, any sign on the State
1447	Highway System outside an urban area, as defined in s.
1448	334.03(32), or on any portion of the interstate or federal-aid
1449	primary highway system without first obtaining a permit for the
1450	sign from the department and paying the annual fee as provided
1451	in this section. As used in this section, the term "on any
1452	portion of the State Highway System, interstate, or federal-aid
1453	primary system" means a sign located within the controlled area
1454	which is visible from any portion of the main-traveled way of
1455	such system.
1456	Section 37.  Subsection (5) of section 479.261, Florida
1457	Statutes, is amended to read:
1458	479.261  Logo sign program.-
1459	(5)  At a minimum, permit fees for businesses that
1460	participate in the program must be established in an amount
1461	sufficient to offset the total cost to the department for the
1462	program, including contract costs. The department shall provide
1463	the services in the most efficient and cost-effective manner
1464	through department staff or by contracting for some or all of
1465	the services. The department shall adopt rules that set
1466	reasonable rates based upon factors such as population, traffic
1467	volume, market demand, and costs for annual permit fees.
1468	However, annual permit fees for sign locations inside an urban
1469	area, as defined in s. 334.03(32), may not exceed $3,500, and
1470	annual permit fees for sign locations outside an urban area, as
1471	defined in s. 334.03(32), may not exceed $2,000. After
1472	recovering program costs, the proceeds from the annual permit
1473	fees shall be deposited into the State Transportation Trust Fund
1474	and used for transportation purposes.
1475	Section 38.  This act shall take effect July 1, 2011.

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