House Bill 3903

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    Florida House of Representatives - 1998                HB 3903

        By Representative Horan






  1                      A bill to be entitled

  2         An act relating to the Old Keys Bridges located

  3         in Monroe County; amending chapter 86-304, Laws

  4         of Florida; providing legislative intent;

  5         providing that title to the bridges shall be

  6         held by the Board of Trustees of the Internal

  7         Improvement Trust Fund; providing an exception;

  8         authorizing rather than requiring the board to

  9         offer certain leases with respect to the

10         bridges; revising language with respect to such

11         leases; limiting commercial use of the bridges;

12         eliminating obsolete language with respect to

13         appropriations; providing an effective date.

14

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

16

17         Section 1.  Chapter 86-304, Laws of Florida, is amended

18  to read:

19         Section 1.  (1)(a)  Title to those bridges identified

20  as Old Keys Bridges shall be held by the Board of Trustees of

21  the Internal Improvement Trust Fund, except for that portion

22  of Seven Mile bridge from Knights Key to Pigeon Key. Title to

23  this bridge shall remain with the Department of

24  Transportation. The Department of Transportation shall

25  transfer title to those bridges identified as Old Keys

26  Bridges, including the Old Bahia Honda Bridge, by the State

27  Bridge Management Committee created by chapter 83-357, Laws of

28  Florida, to the Board of Trustees of the Internal Improvement

29  Trust Fund to manage, through agreements with other public and

30  private entities, in accordance with the recommendations of

31  the State Bridge Management Committee. If, after such

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    Florida House of Representatives - 1998                HB 3903

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  1  transfer, the Department of Transportation determines that any

  2  Old Keys Bridge or associated right-of-way is needed for

  3  transportation purposes, the board shall lease said facility

  4  back to the Department of Transportation.

  5         (b)  It is the express intent of the Legislature that

  6  the provisions of chapter 86-304, Laws of Florida, expressed

  7  in the Whereas Clauses of that act are hereby repealed,

  8  rescinded, and nullified by the adoption of this act and may

  9  no longer be considered as evidence of the intent of the

10  Legislature in adopting chapter 86-304, Laws of Florida, or

11  any amendments thereto.

12         (2)  The board of trustees may shall offer for lease,

13  through direct negotiation with governmental or nonprofit

14  historic preservation organizations or, competitive request

15  for sealed proposals with other public or private entities, or

16  competitive bids, one or more of the Old Keys Bridges and

17  associated approach rights-of-way located in Monroe County in

18  order to provide recreational, tourist, restaurant,

19  commercial, or public service facilities for the use or

20  benefit of the public. Any lease must be in compliance with

21  the local comprehensive plan and applicable zoning

22  requirements. When considering proposals, the board shall

23  select the proposal which best satisfies the conditions of

24  quality service and operation in keeping with the functional

25  and historic qualities of the bridges. Commercial use of the

26  bridges shall be only those uses which support the public

27  recreational use without any permanent structures. Any leasing

28  shall be consistent with the recommendations of the Old Keys

29  Bridges Task Force. The primary use shall be a public purpose

30  and all other uses shall be secondary. Factors used in

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    Florida House of Representatives - 1998                HB 3903

    575-148A-98






  1  evaluating proposals shall include, but not be limited to, the

  2  following:

  3         (a)  Financial capability of the provider;

  4         (b)  Willingness to contribute toward the maintenance

  5  of the bridges, rights-of-way, and associated structures;

  6         (c)  Type and quality of service or operation offered;

  7         (d)  Pricing of the service or operation offered;

  8         (e)  Management experience and capabilities;

  9         (f)  The proposal's compatibility with Originality of

10  concept and its relationship to the aesthetic, functional, and

11  historic qualities of the bridges and the region;

12         (g)  Lease rates; and

13         (h)  Other factors as the board may deem pertinent.

14

15  Such leases shall not create any third party beneficiary

16  rights in any person not a party to the lease. The board may

17  adopt rules to implement this subsection.

18         (3)  Pursuant to subsection (2), leases for the Old

19  Keys Bridges and associated rights-of-way to other public or

20  private entities shall contain provisions that allow for the

21  use of the bridges and associated rights-of-way for

22  transportation purposes in emergency situations to the extent

23  practicable and shall contain provisions that allow for

24  cancellation of the leases upon 6 months' notice if the

25  Department of Transportation determines the facility is needed

26  for transportation purposes.

27         (4)  All leases of the Old Keys Bridges and associated

28  rights-of-way shall be subject to all existing utility

29  facilities located in, upon, over, or under the leased

30  property, and throughout the term of a lease the utilities

31  shall at all times have the right of ingress and egress to

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    Florida House of Representatives - 1998                HB 3903

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  1  said property for the purpose of operating, removing, adding

  2  to, or relocating the existing facilities. However, the right

  3  of the utilities to place and maintain future facilities in,

  4  upon, over, or under the property shall be subject to approval

  5  by the entity holding title to the property.

  6         (5)  Before the transfer of title of the Old Keys

  7  Bridges as provided for in this act, the Department of

  8  Transportation, and after said transfer, the Board of Trustees

  9  of the Internal Improvement Trust Fund, shall post and

10  maintain a permanent notice on any abandoned Old Keys Bridge

11  which shall inform the public that the bridge is closed to all

12  public use and the maintenance and inspection of the bridge

13  have been discontinued. Upon the posting of such notice, the

14  Department of Transportation or board shall be under no

15  further duty to maintain or inspect the bridge or to warn of

16  any hazard or danger, whether readily apparent or not.

17         (6)  The Department of Environmental Protection

18  Regulation, the Department of Transportation, and the

19  Department of State shall cooperate with the board and

20  agencies of the Federal Government in executing agreements for

21  the feasible and prudent management of the Old Long Key and

22  Seven Mile Bridges which are included in the National Register

23  of Historic Places. The agreements shall provide for

24  management plans for the two bridges, to include preservation

25  of portions of the bridges for public pedestrian use and as

26  historic and cultural resources. Preservation shall be

27  consistent with recommended approaches for such historic

28  structures; however, the extent of the portions of the bridges

29  to be preserved shall be limited to prevent unreasonable or

30  disproportionate maintenance costs and hazardous conditions

31  for the public.

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    Florida House of Representatives - 1998                HB 3903

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  1         (7)  As used in this section, "utility" includes any

  2  person or corporation providing utility facilities as defined

  3  in s. 337.401, Florida Statutes, and all agents, servants, and

  4  employees of said person or corporation.

  5         (8)  The provisions hereof shall not be deemed to

  6  create or increase the standard of care of any person.

  7         (9)  If any provision of this act or the application

  8  thereof to any person or circumstance is held invalid, it is

  9  the legislative intent that the invalidity shall not affect

10  other provisions or applications of the act which can be given

11  effect without the invalid provision or application, and to

12  this end the provisions of this act are declared severable.

13         Section 2.  There is hereby appropriated $46,378 and

14  two Career Service positions from the General Revenue Fund to

15  the Department of Natural Resources to accomplish the purposes

16  of this act.

17         Section 2.  This act shall take effect July 1 of the

18  year in which enacted.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Revises chapter 86-304, Laws of Florida, relating to the
23    Old Keys Bridges located in Monroe County to:
           1.  Rescind obsolete legislative intent language
24    contained in Whereas Clauses adopted with the original
      act.
25         2.  Provide that title to the bridges shall be held
      by the Board of Trustees of the Internal Improvement
26    Trust Fund with a described exception.
           3.  Provide that the board may, rather than shall,
27    offer the bridges for lease to certain organizations and
      provide for limitations on commercial uses of the
28    bridges.
           4.  Remove obsolete language.
29

30    See bill for details.

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