Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1632 Barcode 683886 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/16/2013 12:08 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Diaz de la Portilla moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 141 and 142 4 insert: 5 Section 2. Subsection (6) is added to section 335.0415, 6 Florida Statutes, to read: 7 335.0415 Public road jurisdiction and transfer process.— 8 (6) Notwithstanding the provisions of subsections (1)–(5) 9 or any other provision of law to the contrary, it is the intent 10 of the Legislature that, as a pilot program, the City of Miami 11 be provided and assume certain responsibilities for the 12 maintenance of State Road 5/Brickell Avenue/Biscayne Boulevard 13 within defined limits in the City of Miami. 14 (a) The department shall enter into an interlocal agreement 15 with the City of Miami which must provide that the City of Miami 16 be responsible for street cleaning, landscaping, and maintenance 17 of the right-of-way of State Road 5/Brickell Avenue/Biscayne 18 Boulevard, from its intersection with Interstate 95 to its 19 intersection with Northeast 15th Street, excluding the Brickell 20 Bridge and its approaches, for a 5-year period. The interlocal 21 agreement must: 22 1. Contain performance measures to ensure that the facility 23 and landscaping are maintained in accordance with applicable 24 department standards. 25 2. Require the city to meet or exceed the performance 26 measures as a condition of payment by the department for the 27 work performed by the city. 28 3. Indemnify and hold the department harmless from any 29 liability arising out of the city’s exercise of, or failure to 30 exercise, the transferred responsibilities. 31 (b) During the final year of the 5-year pilot program, the 32 Florida Transportation Commission shall conduct a study to 33 evaluate the effectiveness and benefits of the pilot program. 34 The commission may retain such experts as are reasonably 35 necessary to complete the study, and the department shall pay 36 the expenses of such experts. The commission shall complete the 37 study within 60 days after the end of the 5-year pilot program 38 and shall provide a written report of its findings and 39 conclusions to the Governor, the President of the Senate, the 40 Speaker of the House of Representatives, and the chairs of each 41 of the appropriations committees of the Legislature. 42 43 ================= T I T L E A M E N D M E N T ================ 44 And the title is amended as follows: 45 Between lines 4 and 5 46 insert: 47 s. 335.0415, F.S.; creating a pilot program in the 48 City of Miami to transfer department responsibilities 49 for public road maintenance to the city; requiring the 50 department to enter into an interlocal agreement with 51 the City of Miami; specifying requirements of the 52 interlocal agreement; requiring the Florida 53 Transportation Commission to conduct a study at the 54 conclusion of the pilot program and provide the study 55 to the Governor and the Legislature; requiring the 56 department to pay the expenses of the study’s experts; 57 amending