House Bill 4199

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    Florida House of Representatives - 1998                HB 4199

        By the Committee on Transportation and Representative
    Fuller





  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending ss. 20.23, 206.46,

  4         215.47, 288.9607, 337.29, 337.407, 338.22,

  5         338.221, 338.223, 338.225, 338.227, 338.228,

  6         338.229, 338.231, 338.232, 338.239, 339.08,

  7         339.175, 339.241, 341.3333, 348.0005, 348.0009,

  8         348.248, 348.948, 349.05, 349.21, and 479.01,

  9         F.S.; correcting cross-references; repealing s.

10         234.112, F.S., relating to school bus stops;

11         repealing s. 335.165, F.S., relating to welcome

12         stations; repealing section 137 of chapter

13         96-320, Laws of Florida, relating to certain

14         uncollectible debts owned by a local government

15         for utility relocation cost reimbursements;

16         repealing s. 339.091, F.S., relating to a

17         declaration of legislative intent; repealing s.

18         339.145, F.S., relating to certain expenditures

19         in the Working Capital Trust Fund; repealing s.

20         339.147, F.S., relating to certain audits by

21         the Auditor General; amending ss. 311.09,

22         331.303, 331.305, 331.308, 331.331, 334.03,

23         334.0445, 335.074, 335.182, 335.188, 336.044,

24         337.015, 337.139, 338.251, 339.2405, 341.051,

25         341.052, 341.352, 343.64, 343.74, 378.411,

26         427.012, 427.013, and 951.05, F.S.; deleting

27         obsolete language, and, where appropriate,

28         replacing such language with updated text;

29         reenacting ss. 336.01, 338.222, 339.175(7)(e),

30         and 341.321(1), F.S., relating to designation

31         of county road system, acquisition or

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  1         construction or operation of turnpike projects,

  2         amendment of the adopted work program, and

  3         legislative findings and intent regarding

  4         development of high-speed rail transportation

  5         system; providing an effective date.

  6

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

  8

  9         Section 1.  Paragraph (d) of subsection (3) of section

10  20.23, Florida Statutes, is amended to read:

11         20.23  Department of Transportation.--There is created

12  a Department of Transportation which shall be a decentralized

13  agency.

14         (3)

15         (d)1.  Policy, program, or operations offices shall be

16  established within the central office for the purposes of:

17         a.  Developing policy and procedures and monitoring

18  performance to ensure compliance with these policies and

19  procedures;

20         b.  Performing statewide activities which it is more

21  cost-effective to perform in a central location;

22         c.  Assessing and ensuring the accuracy of information

23  within the department's financial management information

24  systems; and

25         d.  Performing other activities of a statewide nature.

26         2.  The following offices are established and shall be

27  headed by a manager, each of whom shall be appointed by and

28  serve at the pleasure of the secretary. The positions shall be

29  classified at a level equal to a division director:

30         a.  The Office of Administration;

31         b.  The Office of Policy Planning;

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  1         c.  The Office of Design;

  2         d.  The Office of Construction;

  3         e.  The Office of Right-of-Way;

  4         f.  The Office of Toll Operations; and

  5         g.  The Office of Information Systems.

  6         3.  Other offices may be established in accordance with

  7  s. 20.04(7) 20.04(6). The heads of such offices are exempt

  8  from part II of chapter 110. No office or organization shall

  9  be created at a level equal to or higher than a division

10  without specific legislative authority.

11         Section 2.  Subsection (4) of section 206.46, Florida

12  Statutes, is amended to read:

13         206.46  State Transportation Trust Fund.--

14         (4)  The department may authorize the investment of the

15  earnings accrued and collected upon the investment of the

16  minimum balance of funds required to be maintained in the

17  State Transportation Trust Fund pursuant to s. 339.135(6)(b)

18  339.135(7)(b).  Such investment shall be limited as provided

19  in s. 288.9607(7).

20         Section 3.  Subsection (13) of section 215.47, Florida

21  Statutes, is amended to read:

22         215.47  Investments; authorized securities.--Subject to

23  the limitations and conditions of the State Constitution or of

24  the trust agreement relating to a trust fund, moneys available

25  for investments under ss. 215.44-215.53 may be invested as

26  follows:

27         (13)  The State Board of Administration, consistent

28  with sound investment policy, may invest the earnings accrued

29  and collected upon the investment of the minimum balance of

30  funds required to be maintained in the State Transportation

31

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  1  Trust Fund pursuant to s. 339.135(6)(b) 339.135(7)(b).  Such

  2  investment shall be limited as provided in s. 288.9607(7).

  3         Section 4.  Section 234.112, Florida Statutes, is

  4  repealed.

  5         Section 5.  Paragraph (a) of subsection (7) of section

  6  288.9607, Florida Statutes, is amended to read:

  7         288.9607  Guaranty of bond issues.--

  8         (7)(a)  The corporation is authorized to enter into an

  9  investment agreement with the Department of Transportation and

10  the State Board of Administration concerning the investment of

11  the earnings accrued and collected upon the investment of the

12  minimum balance of funds required to be maintained in the

13  State Transportation Trust Fund pursuant to s. 339.135(6)(b)

14  339.135(7)(b). Such investment shall be limited as follows:

15         1.  Not more than $4 million of the investment earnings

16  earned on the investment of the minimum balance of the State

17  Transportation Trust Fund in a fiscal year shall be at risk at

18  any time on one or more bonds or series of bonds issued by the

19  corporation.

20         2.  The investment earnings shall not be used to

21  guarantee any bonds issued after June 30, 1998, and in no

22  event shall the investment earnings be used to guarantee any

23  bond issued for a maturity longer than 15 years.

24         3.  The corporation shall pay a reasonable fee, set by

25  the State Board of Administration, in return for the

26  investment of such funds. The fee shall not be less than the

27  comparable rate for similar investments in terms of size and

28  risk.

29         4.  The proceeds of bonds, or portions thereof, issued

30  by the corporation for which a guaranty has been or will be

31  issued pursuant to s. 288.9606, s. 288.9608, or this section

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  1  used to make loans to any one person, including any related

  2  interests, as defined in s. 658.48, of such person, shall not

  3  exceed 20 percent of the principal of all such outstanding

  4  bonds of the corporation issued prior to the first composite

  5  bond issue of the corporation, or December 31, 1995, whichever

  6  comes first, and shall not exceed 15 percent of the principal

  7  of all such outstanding bonds of the corporation issued

  8  thereafter, in each case determined as of the date of issuance

  9  of the bonds for which such determination is being made and

10  taking into account the principal amount of such bonds to be

11  issued. The provisions of this subparagraph shall not apply

12  when the total amount of all such outstanding bonds issued by

13  the corporation is less than $10 million.  For the purpose of

14  calculating the limits imposed by the provisions of this

15  subparagraph, the first $10 million of bonds issued by the

16  corporation shall be taken into account.

17         5.  The corporation shall establish a debt service

18  reserve account which contains not less than 6 months' debt

19  service reserves from the proceeds of the sale of any bonds,

20  or portions thereof, guaranteed by the corporation.

21         6.  The corporation shall establish an account known as

22  the Revenue Bond Guaranty Reserve Account, the Guaranty Fund.

23  The corporation shall deposit a sum of money or other cash

24  equivalents into this fund and maintain a balance of money or

25  cash equivalents in this fund, from sources other than the

26  investment of earnings accrued and collected upon the

27  investment of the minimum balance of funds required to be

28  maintained in the State Transportation Trust Fund, not less

29  than a sum equal to 1 year of maximum debt service on all

30  outstanding bonds, or portions thereof, of the corporation for

31  which a guaranty has been issued pursuant to ss. 288.9606,

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  1  288.9607, and 288.9608. In the event the corporation fails to

  2  maintain the balance required pursuant to this subparagraph

  3  for any reason other than a default on a bond issue of the

  4  corporation guaranteed pursuant to this section or because of

  5  the use by the corporation of any such funds to pay insurance,

  6  maintenance, or other costs which may be required for the

  7  preservation of any project or other collateral security for

  8  any bond issued by the corporation, or to otherwise protect

  9  the Revenue Bond Guaranty Reserve Account from loss while the

10  applicant is in default on amortization payments, or to

11  minimize losses to the reserve account in each case in such

12  manner as may be deemed necessary or advisable by the

13  corporation, the corporation shall immediately notify the

14  Department of Transportation of such deficiency. Any

15  supplemental funding authorized by an investment agreement

16  entered into with the Department of Transportation and the

17  State Board of Administration concerning the use of investment

18  earnings of the minimum balance of funds is void unless such

19  deficiency of funds is cured by the corporation within 90 days

20  after the corporation has notified the Department of

21  Transportation of such deficiency.

22         Section 6.  Subsection (3) of section 311.09, Florida

23  Statutes, is amended to read:

24         311.09  Florida Seaport Transportation and Economic

25  Development Council.--

26         (3)  The council shall prepare a 5-year Florida Seaport

27  Mission Plan defining the goals and objectives of the council

28  concerning the development of port facilities and an

29  intermodal transportation system consistent with the goals of

30  the Florida Transportation Plan developed pursuant to s.

31  339.155. The Florida Seaport Mission Plan shall include

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  1  specific recommendations for the construction of

  2  transportation facilities connecting any port to another

  3  transportation mode and for the efficient, cost-effective

  4  development of transportation facilities or port facilities

  5  for the purpose of enhancing international trade, promoting

  6  cargo flow, increasing cruise passenger movements, increasing

  7  port revenues, and providing economic benefits to the state.

  8  The council shall update the 5-year Florida Seaport Mission

  9  Plan annually and shall submit the plan no later than February

10  1 of each year to the President of the Senate; the Speaker of

11  the House of Representatives; the Office of Tourism, Trade,

12  and Economic Development; the Department of Transportation;

13  and the Department of Community Affairs.  The council shall

14  develop programs, based on an examination of existing programs

15  in Florida and other states, for the training of minorities

16  and secondary school students in job skills associated with

17  employment opportunities in the maritime industry, and report

18  on progress and recommendations for further action to the

19  President of the Senate and the Speaker of the House of

20  Representatives annually, beginning no later than February 1,

21  1991.

22         Section 7.  Subsection (16) of section 331.303, Florida

23  Statutes, is amended to read:

24         331.303  Definitions.--

25         (16)  "Project" means any development, improvement,

26  property, launch, utility, facility, system, works, road,

27  sidewalk, enterprise, service, or convenience, which may

28  include coordination with Enterprise Florida, Inc. the Florida

29  High Technology and Industry Council, the Board of Regents,

30  and the Space Research Foundation; any rocket, capsule,

31  module, launch facility, assembly facility, operations or

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  1  control facility, tracking facility, administrative facility,

  2  or any other type of space-related transportation vehicle,

  3  station, or facility; any type of equipment or instrument to

  4  be used or useful in connection with any of the foregoing; any

  5  type of intellectual property and intellectual property

  6  protection in connection with any of the foregoing including,

  7  without limitation, any patent, copyright, trademark, and

  8  service mark for, among other things, computer software; any

  9  water, wastewater, gas, or electric utility system, plant, or

10  distribution or collection system; any small business

11  incubator initiative, including any startup aerospace company,

12  research and development company, research and development

13  facility, storage facility, and consulting service; or any

14  tourism initiative, including any space experience attraction,

15  space-launch-related activity, and space museum sponsored or

16  promoted by the authority.

17         Section 8.  Subsections (1), (4), and (21) of section

18  331.305, Florida Statutes, are amended to read:

19         331.305  Powers of the authority.--The authority shall

20  have the power to:

21         (1)  Exercise all powers granted to corporations under

22  the Florida Business General Corporation Act, chapter 607.

23         (4)  Review and make recommendations with respect to a

24  strategy to guide and facilitate the future of space-related

25  educational and commercial development.  The authority shall

26  in coordination with the Federal Government, private industry,

27  and Florida universities develop a business plan which shall

28  address the expansion of Spaceport Florida locations, space

29  launch capacity, spaceport projects, and complementary

30  activities, which shall include, but not be limited to, a

31  detailed analysis of:

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  1         (a)  The authority and the commercial space industry.

  2         (b)  Products, services description--potential,

  3  technologies, skills.

  4         (c)  Market research and evaluation--customers,

  5  competition, economics.

  6         (d)  Marketing plan and strategy.

  7         (e)  Design and development plan--tasks, difficulties,

  8  costs.

  9         (f)  Manufacturing locations, facilities, and

10  operations plan.

11         (g)  Management organization--roles and

12  responsibilities.

13         (h)  Overall schedule (monthly).

14         (i)  Important risks, assumptions, and problems.

15         (j)  Community impact--economic, human development,

16  community development.

17         (k)  Financial plan (monthly for first year; quarterly

18  for next 3 years).

19         (l)  Proposed authority offering--financing,

20  capitalization, use of funds.

21

22  A final report containing the recommendations and business

23  plan of the authority shall be completed and submitted prior

24  to the 1990 Regular Session of the Legislature, along with any

25  proposed statutory changes and related legislative budget

26  requests required to implement the business plan, to the

27  Governor, the President of the Senate, the Speaker of the

28  House of Representatives, the minority leader of the Senate,

29  and the minority leader of the House of Representatives.

30         (21)  Issue revenue bonds, assessment bonds, or any

31  other bonds or obligations authorized by the provisions of

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  1  this act or any other law, or any combination of the

  2  foregoing, and pay all or part of the cost of the acquisition,

  3  construction, reconstruction, extension, repair, improvement,

  4  or maintenance of any project or combination of projects,

  5  including payloads and space flight hardware, and equipment

  6  for research, development, and educational activities, to

  7  provide for any facility, service, or other activity of the

  8  authority, and provide for the retirement or refunding of any

  9  bonds or obligations of the authority, or for any combination

10  of the foregoing purposes. Until December 31, 1994, bonds,

11  other than conduit bonds, issued under the authority contained

12  in this act shall not exceed a total of $500 million and must

13  first be approved by a majority of the members of the Governor

14  and Cabinet.  The authority must provide 14 days' notice to

15  the presiding officers and appropriations chairs of both

16  houses of the Legislature prior to presenting a bond proposal

17  to the Governor and Cabinet.  If either presiding officer or

18  appropriations chair objects to the bonding proposal within

19  the 14-day-notice period, the bond issuance may be approved

20  only by a vote of two-thirds of the members of the Governor

21  and Cabinet.

22         Section 9.  Subsection (2) of section 331.308, Florida

23  Statutes, is amended to read:

24         331.308  Board of supervisors.--

25         (2)  Initially, the Governor shall appoint four regular

26  members for terms of 3 years or until successors are appointed

27  and qualified and three regular members for terms of 4 years

28  or until successors are appointed and qualified.  Thereafter,

29  each such member shall serve a term of 4 years or until a

30  successor is appointed and qualified.  The term of each such

31  member shall be construed to commence on the date of

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  1  appointment and to terminate on June 30 of the year of the end

  2  of the term.  The terms for such members initially appointed

  3  shall be construed to include the time between initial

  4  appointment and June 30, 1992, for those appointed for 3-year

  5  terms, and June 30, 1993, for those appointed for 4-year

  6  terms.  No such member shall be allowed to serve an initial

  7  3-year term or fill any vacancy for the remainder of a term

  8  for less than 4 years.  Appointment to the board shall not

  9  preclude any such member from holding any other private or

10  public position.

11         Section 10.  Subsection (1) of section 331.331, Florida

12  Statutes, is amended to read:

13         331.331  Revenue bonds.--

14         (1)  Revenue bonds issued by the authority shall not be

15  deemed revenue bonds issued by the state or its agencies for

16  purposes of s. 11, Art. VII of the State Constitution and ss.

17  215.57-215.83.  However, until December 31, 1994, the power of

18  the authority to issue revenue bonds shall be limited as

19  provided in s. 331.305.  The authority shall include in its

20  annual report to the Governor and Legislature, as provided in

21  s. 331.310, a summary of the status of existing and proposed

22  bonding projects.

23         Section 11.  Paragraph (d) of subsection (25) of

24  section 334.03, Florida Statutes, is amended to read:

25         334.03  Definitions.--When used in the Florida

26  Transportation Code, the term:

27         (25)  "State Highway System" means the following, which

28  shall be facilities to which access is regulated:

29         (d)  The urban minor arterial mileage on the existing

30  State Highway System as of July 1, 1987, plus additional

31  mileage to comply with the 2-percent requirement as described

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  1  below. These urban minor arterial routes shall be selected in

  2  accordance with s. 335.04(1)(a) and (b).

  3

  4  However, not less than 2 percent of the public road mileage of

  5  each urbanized area on record as of June 30, 1986, shall be

  6  included as minor arterials in the State Highway System.

  7  Urbanized areas not meeting the foregoing minimum requirement

  8  shall have transferred to the State Highway System additional

  9  minor arterials of the highest significance in which case the

10  total minor arterials in the State Highway System from any

11  urbanized area shall not exceed 2.5 percent of that area's

12  total public urban road mileage.

13         Section 12.  Subsection (1) of section 334.0445,

14  Florida Statutes, is amended to read:

15         334.0445  Model career service classification and

16  compensation plan.--

17         (1)  Effective July 1, 1994, the Legislature grants to

18  the Department of Transportation in consultation with the

19  Department of Management Services, the Executive Office of the

20  Governor, legislative appropriations committees, legislative

21  personnel committees, and the affected certified bargaining

22  unions, the authority on a pilot basis to develop and

23  implement a model career service classification and

24  compensation system. Such system shall be developed for use by

25  all state agencies. Authorization for this program will be for

26  5 3 fiscal years beginning July 1, 1994, and ending June 30,

27  1999 1997; however, the department may elect or be directed by

28  the Legislature to return to the current system at anytime

29  during this period if the model system does not meet the

30  stated goals and objectives.

31

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  1         Section 13.  Subsection (5) of section 335.074, Florida

  2  Statutes, is amended to read:

  3         335.074  Safety inspection of bridges.--

  4         (5)  The department shall prepare a report of its

  5  findings with respect to each such bridge or other structure

  6  whereon significant structural deficiencies were discovered

  7  and transmit a summary of the findings as part of the report

  8  required in s. 334.046(3).

  9         Section 14.  Section 335.165, Florida Statutes, is

10  repealed.

11         Section 15.  Subsection (2) of section 335.182, Florida

12  Statutes, is amended to read:

13         335.182  Regulation of connections to roads on State

14  Highway System; definitions.--

15         (2)  The department shall, no later than July 1, 1989,

16  adopt, by rule, administrative procedures for its issuance and

17  modification of access permits, closing of unpermitted

18  connections, and revocation of permits in accordance with this

19  act.

20         Section 16.  Paragraphs (a) and (e) of subsection (3)

21  of section 335.188, Florida Statutes, are amended to read:

22         335.188  Access management standards; access control

23  classification system; criteria.--

24         (3)  The control classification system shall be

25  developed consistent with the following:

26         (a)  The department shall, no later than July 1, 1990,

27  adopt rules setting forth procedures governing the

28  implementation of the access control classification system

29  required by this act. The rule shall provide for input from

30  the entities described in paragraph (b) as well as for public

31  meetings to discuss the access control classification system.

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  1  Nothing in this act affects the validity of the department's

  2  existing or subsequently adopted rules concerning access to

  3  the State Highway System.  Such rules shall remain in effect

  4  until repealed or replaced by the rules required by this act.

  5         (e)  An access control category shall be assigned to

  6  each segment of the State Highway System by July 1, 1993.

  7         Section 17.  Section 336.01, Florida Statutes, is

  8  reenacted to read:

  9         336.01  Designation of county road system.--The county

10  road system shall be as defined in s. 334.03(8).

11         Section 18.  Subsection (2) of section 336.044, Florida

12  Statutes, is amended to read:

13         336.044  Use of recyclable materials in construction.--

14         (2)  The Legislature declares it to be in the public

15  interest to find alternative ways to use certain recyclable

16  materials that currently are part of the solid waste stream

17  and that contribute to problems of declining space in

18  landfills.  To determine the feasibility of using certain

19  recyclable materials for paving materials, the department may

20  shall before January 1, 1990, undertake, as part of its

21  currently scheduled projects, demonstration projects using the

22  following materials in road construction:

23         (a)  Ground rubber from automobile tires in road

24  resurfacing or subbase materials for roads;

25         (b)  Ash residue from coal combustion byproducts for

26  concrete and ash residue from waste incineration facilities

27  and oil combustion byproducts for subbase material;

28         (c)  Recycled mixed-plastic material for guardrail

29  posts or right-of-way fence posts;

30

31

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  1         (d)  Construction steel, including reinforcing rods and

  2  I-beams, manufactured from scrap metals disposed of in the

  3  state; and

  4         (e)  Glass, and glass aggregates.

  5

  6  Within 1 year after the conclusion of the demonstration

  7  projects the department shall report to the Governor and the

  8  Legislature on the maximum percentage of each recyclable

  9  material that can be effectively utilized in road construction

10  projects. Concurrent with the submission of the report the

11  department shall review and modify its standard road and

12  bridge construction specifications to allow and encourage the

13  use of recyclable materials consistent with the findings of

14  the demonstration projects.

15         Section 19.  Subsection (7) of section 337.015, Florida

16  Statutes, is amended to read:

17         337.015  Administration of public

18  contracts.--Recognizing that the inefficient and ineffective

19  administration of public contracts inconveniences the

20  traveling public, increases costs to taxpayers, and interferes

21  with commerce, the Legislature hereby determines and declares

22  that:

23         (7)  The department in its annual report required in s.

24  334.22(2) shall report how the department complied with this

25  section for the preceding fiscal year.

26         Section 20.  Section 337.139, Florida Statutes, is

27  amended to read:

28         337.139  Efforts to encourage awarding contracts to

29  disadvantaged business enterprises.--In implementing chapter

30  90-136, Laws of Florida, the Department of Transportation

31  shall institute procedures to encourage the awarding of

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  1  contracts for professional services and construction to

  2  disadvantaged business enterprises.  For the purposes of this

  3  section, the term "disadvantaged business enterprise" means a

  4  small business concern certified by the Department of

  5  Transportation to be owned and controlled by socially and

  6  economically disadvantaged individuals as defined by the

  7  Surface Transportation and Uniform Relocation Act of 1987.

  8  The Department of Transportation shall develop and implement

  9  activities to encourage the participation of disadvantaged

10  business enterprises in the contracting process and shall

11  report to the Legislature prior to January 1, 1991, on its

12  efforts to increase disadvantaged business participation.

13  Such efforts may include:

14         (1)  Presolicitation or prebid meetings for the purpose

15  of informing disadvantaged business enterprises of contracting

16  opportunities.

17         (2)  Written notice to disadvantaged business

18  enterprises of contract opportunities for commodities or

19  contractual and construction services which the disadvantaged

20  business provides.

21         (3)  Provision of adequate information to disadvantaged

22  business enterprises about the plans, specifications, and

23  requirements of contracts or the availability of jobs.

24         (4)  Breaking large contracts into several

25  single-purpose contracts of a size which may be obtained by

26  certified disadvantaged business enterprises.

27         Section 21.  Subsection (3) of section 337.29, Florida

28  Statutes, is amended to read:

29         337.29  Vesting of title to roads; liability for

30  torts.--

31

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  1         (3)  Title to all roads transferred in accordance with

  2  the provisions of s. 335.0415 335.04 shall be in the

  3  governmental entity to which such roads have been transferred,

  4  upon the recording of a right-of-way map by the appropriate

  5  governmental entity in the public land records of the county

  6  or counties in which such rights-of-way are located.  To the

  7  extent that sovereign immunity has been waived, liability for

  8  torts shall be in the governmental entity having operation and

  9  maintenance responsibility as provided in s. 335.0415

10  335.04(2).  Except as otherwise provided by law, a

11  municipality shall have the same governmental, corporate, and

12  proprietary powers with relation to any public road or

13  right-of-way within the municipality which has been

14  transferred to another governmental entity pursuant to s.

15  335.0415 335.04 that the municipality has with relation to

16  other public roads and rights-of-way within the municipality.

17         Section 22.  Section 137 of chapter 96-320, Laws of

18  Florida, is repealed.

19         Section 23.  Subsection (2) of section 337.407, Florida

20  Statutes, is amended to read:

21         337.407  Regulation of signs and lights within

22  rights-of-way.--

23         (2)  The department has the authority to direct removal

24  of any sign erected in violation of subsection (1) paragraph

25  (a), in accordance with the provisions of chapter 479.

26         Section 24.  Section 338.22, Florida Statutes, is

27  amended to read:

28         338.22  Florida Turnpike Law; short title.--Sections

29  338.22-338.241 338.22-338.244 may be cited as the "Florida

30  Turnpike Law."

31

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  1         Section 25.  Section 338.221, Florida Statutes, is

  2  amended to read:

  3         338.221  Definitions of terms used in ss.

  4  338.22-338.241 338.22-338.244.--As used in ss. 338.22-338.241

  5  338.22-338.244, the following words and terms have the

  6  following meanings, unless the context indicates another or

  7  different meaning or intent:

  8         (1)  "Bonds" or "revenue bonds" means notes, bonds,

  9  refunding bonds or other evidences of indebtedness or

10  obligations, in either temporary or definitive form, issued by

11  the Division of Bond Finance on behalf of the department and

12  authorized under the provisions of ss. 338.22-338.241

13  338.22-338.244 and the State Bond Act.

14         (2)  "Cost," as applied to a turnpike project, includes

15  the cost of acquisition of all land, rights-of-way, property,

16  easements, and interests acquired by the department for

17  turnpike project construction; the cost of such construction;

18  the cost of all machinery and equipment, financing charges,

19  fees, and expenses related to the financing; establishment of

20  reserves to secure bonds; interest prior to and during

21  construction and for such period after completion of

22  construction as shall be determined by the department; the

23  cost of traffic estimates and of engineering and legal

24  expenses, plans, specifications, surveys, estimates of cost

25  and revenues; other expenses necessary or incident to

26  determining the feasibility or practicability of acquiring or

27  constructing any such turnpike project; administrative

28  expenses; and such other expenses as may be necessary or

29  incident to the acquisition or construction of a turnpike

30  project, the financing of such acquisition or construction,

31  and the placing of the turnpike project in operation.

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  1         (3)  "Feeder road" means any road no more than 5 miles

  2  in length, connecting to the turnpike system which the

  3  department determines is necessary to create or facilitate

  4  access to a turnpike project.

  5         (4)  "Owner" includes any person or any governmental

  6  entity that has title to, or an interest in, any property,

  7  right, easement, or interest authorized to be acquired

  8  pursuant to ss. 338.22-338.241 338.22-338.244.

  9         (5)  "Revenues" means all tolls, charges, rentals,

10  gifts, grants, moneys, and other funds coming into the

11  possession, or under the control, of the department by virtue

12  of the provisions hereof, except the proceeds from the sale of

13  bonds issued under ss. 338.22-338.241 338.22-338.244.

14         (6)  "Turnpike system" means those limited access toll

15  highways and associated feeder roads and other structures,

16  appurtenances, or rights previously designated, acquired, or

17  constructed pursuant to the Florida Turnpike Law and such

18  other additional turnpike projects as may be acquired or

19  constructed as approved by the Legislature.

20         (7)  "Turnpike improvement" means any betterment

21  necessary or desirable for the operation of the turnpike

22  system, including, but not limited to, widenings, the addition

23  of interchanges to the existing turnpike system, resurfacings,

24  toll plazas, machinery, and equipment.

25         (8)  "Economically feasible" means:

26         (a)  For a proposed turnpike project, that, as

27  determined by the department before the issuance of revenue

28  bonds for the project, the estimated net revenues of the

29  proposed turnpike project, excluding feeder roads and turnpike

30  improvements, will be sufficient to pay at least 50 percent of

31  the debt service on the bonds by the end of the 5th year of

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  1  operation and to pay at least 100 percent of the debt service

  2  on the bonds by the end of the 15th year of operation. In

  3  implementing this paragraph, up to 50 percent of the adopted

  4  work program costs of the project may be funded from turnpike

  5  revenues.

  6         (b)  For turnpike projects, except for feeder roads and

  7  turnpike improvements, financed from revenues of the turnpike

  8  system, such project, or such group of projects, originally

  9  financed from revenues of the turnpike system, that the

10  project is expected to generate sufficient revenues to

11  amortize project costs within 15 years of opening to traffic.

12

13  This subsection does not prohibit the pledging of revenues

14  from the entire turnpike system to bonds issued to finance or

15  refinance a turnpike project or group of turnpike projects.

16         (9)  "Turnpike project" means any extension to or

17  expansion of the existing turnpike system and new limited

18  access toll highways and associated feeder roads and other

19  structures, interchanges, appurtenances, or rights as may be

20  approved in accordance with the Florida Turnpike Law.

21         (10)  "Statement of environmental feasibility" means a

22  statement by the Department of Environmental Protection of the

23  project's significant environmental impacts.

24         Section 26.  Section 338.222, Florida Statutes, is

25  reenacted to read:

26         338.222  Department of Transportation sole governmental

27  entity to acquire, construct, or operate turnpike projects;

28  exception.--

29         (1)  No governmental entity other than the department

30  may acquire, construct, maintain, or operate the turnpike

31

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  1  system subsequent to the enactment of this law, except upon

  2  specific authorization of the Legislature.

  3         (2)  The department may contract with any local

  4  governmental entity as defined in s. 334.03(14) for the

  5  design, right-of-way acquisition, or construction of any

  6  turnpike project which the Legislature has approved.  Local

  7  governmental entities may negotiate with the department for

  8  the design, right-of-way acquisition, and construction of any

  9  section of the turnpike project within areas of their

10  respective jurisdictions or within counties with which they

11  have interlocal agreements.

12         Section 27.  Section 338.223, Florida Statutes, is

13  reenacted and amended to read:

14         338.223  Proposed turnpike projects.--

15         (1)(a)  Any proposed project to be constructed or

16  acquired as part of the turnpike system and any turnpike

17  improvement shall be included in the tentative work program.

18  No proposed project or group of proposed projects shall be

19  added to the turnpike system unless such project or projects

20  are determined to be economically feasible and a statement of

21  environmental feasibility has been completed for such project

22  or projects and such projects are determined to be consistent,

23  to the maximum extent feasible, with approved local government

24  comprehensive plans of the local governments in which such

25  projects are located. The department may authorize engineering

26  studies, traffic studies, environmental studies, and other

27  expert studies of the location, costs, economic feasibility,

28  and practicality of proposed turnpike projects throughout the

29  state and may proceed with the design phase of such projects.

30  The department shall not request legislative approval of a

31  proposed turnpike project until the design phase of that

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  1  project is at least 60 percent complete.  If a proposed

  2  project or group of proposed projects is found to be

  3  economically feasible, consistent, to the maximum extent

  4  feasible, with approved local government comprehensive plans

  5  of the local governments in which such projects are located,

  6  and a favorable statement of environmental feasibility has

  7  been completed, the department, with the approval of the

  8  Legislature, shall, after the receipt of all necessary

  9  permits, construct, maintain, and operate such turnpike

10  projects.

11         (b)  Any proposed turnpike project or improvement shall

12  be developed in accordance with the Florida Transportation

13  Plan and the work program pursuant to s. 339.135.  Turnpike

14  projects that add capacity, alter access, affect feeder roads,

15  or affect the operation of the local transportation system

16  shall be included in the transportation improvement plan of

17  the affected metropolitan planning organization.  If such

18  turnpike project does not fall within the jurisdiction of a

19  metropolitan planning organization, the department shall

20  notify the affected county and provide for public hearings in

21  accordance with s. 339.155(6)(c).

22         (c)  Prior to requesting legislative approval of a

23  proposed turnpike project, the environmental feasibility of

24  the proposed project shall be reviewed by the Department of

25  Environmental Protection. The department shall submit its

26  Project Development and Environmental Report to the Department

27  of Environmental Protection, along with a draft copy of a

28  public notice. Within 14 days of receipt of the draft public

29  notice, the Department of Environmental Protection shall

30  return the draft public notice to the Department of

31  Transportation with an approval of the language or

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  1  modifications to the language. Upon receipt of the approved or

  2  modified draft, or if no comments are provided within 14 days,

  3  the Department of Transportation shall publish the notice in a

  4  newspaper to provide a 30-day public comment period. The

  5  headline of the required notice shall be in a type no smaller

  6  than 18 point. The notice shall be placed in that portion of

  7  the newspaper where legal notices appear. The notice shall be

  8  published in a newspaper of general circulation in the county

  9  or counties of general interest and readership in the

10  community as provided in s. 50.031, not one of limited subject

11  matter. Whenever possible, the notice shall appear in a

12  newspaper that is published at least 5 days a week. The notice

13  shall include, but is not limited to, the following

14  information:

15         1.  The purpose of the notice is to provide for a

16  30-day period for written public comments on the environmental

17  impacts of a proposed turnpike project.

18         2.  The name and description of the project, along with

19  a geographic location map clearly indicating the area where

20  the proposed project will be located.

21         3.  The address where such comments must be sent and

22  the date such comments are due.

23

24  After a review of the department's report and any public

25  comments, the Department of Environmental Protection shall

26  submit a statement of environmental feasibility to the

27  department within 30 days after the date on which public

28  comments are due. The notice and the statement of

29  environmental feasibility shall not give rise to any rights to

30  a hearing or other rights or remedies provided pursuant to

31  chapter 120 or chapter 403, and shall not bind the Department

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  1  of Environmental Protection in any subsequent environmental

  2  permit review.

  3         (2)(a)  Subject to the provisions of s. 338.228, the

  4  department is authorized to expend, out of any funds available

  5  for the purpose, such moneys as may be necessary for studies,

  6  preliminary engineering, construction, right-of-way

  7  acquisition, and construction engineering inspection of any

  8  turnpike project and is authorized to use its engineering and

  9  other resources for such purposes.

10         (b)  In accordance with the legislative intent

11  expressed in s. 337.273, the department may acquire lands and

12  property before making a final determination of the economic

13  feasibility of a project. The cost of advance acquisition of

14  right-of-way may be paid from bonds issued under s. 337.276 or

15  from turnpike revenues.

16         (3)  All obligations and expenses incurred by the

17  department under this section shall be paid by the department

18  and charged to the appropriate turnpike project. The

19  department shall keep proper records and accounts showing each

20  amount that is so charged. All obligations and expenses so

21  incurred shall be treated as part of the cost of such project

22  and shall be reimbursed to the department out of turnpike

23  revenues or out of the bonds authorized under ss.

24  338.22-338.241 338.22-338.244 except when such reimbursement

25  is prohibited by state or federal law.

26         (4)  The department is authorized, with the approval of

27  the Legislature, to use federal and state transportation funds

28  to lend or pay a portion of the operating, maintenance, and

29  capital costs of turnpike projects. Federal and state

30  transportation funds included in an adopted work program, or

31  the General Appropriations Act, for a turnpike project do not

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  1  have to be reimbursed to the State Transportation Trust Fund,

  2  or used in determining the economic feasibility of the

  3  proposed project. For operating and maintenance loans, the

  4  maximum net loan amount in any fiscal year shall not exceed

  5  0.5 percent of state transportation tax revenues for that

  6  fiscal year.

  7         Section 28.  Section 338.225, Florida Statutes, is

  8  amended to read:

  9         338.225  Taking of public road for feeder road.--Before

10  taking over any existing public road for maintenance and

11  operation as a feeder road, the department shall obtain the

12  consent of the governmental entity then exercising

13  jurisdiction over the road, which governmental entity is

14  authorized to give such consent by resolution. Each feeder

15  road or portion of a feeder road acquired, constructed, or

16  taken over under this section for maintenance and operation

17  shall, for all purposes of ss. 338.22-338.241 338.22-338.244,

18  be deemed to constitute a part of the turnpike system, except

19  that no toll shall be charged for transit between points on

20  such feeder road.

21         Section 29.  Subsection (2) of section 338.227, Florida

22  Statutes, is amended to read:

23         338.227  Turnpike revenue bonds.--

24         (2)  The proceeds of the bonds of each issue shall be

25  used solely for the payment of the cost of the turnpike

26  projects for which such bonds shall have been issued, except

27  as provided in the State Bond Act.  Such proceeds shall be

28  disbursed and used as provided by ss. 338.22-338.241

29  338.22-338.244 and in such manner and under such restrictions,

30  if any, as the Division of Bond Finance may provide in the

31  resolution authorizing the issuance of such bonds or in the

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  1  trust agreement hereinafter mentioned securing the same.  All

  2  revenues and bond proceeds from the turnpike system received

  3  by the department pursuant to ss. 338.22-338.241

  4  338.22-338.244, the Florida Turnpike Law, shall be used only

  5  for the cost of turnpike projects and turnpike improvements

  6  and for the administration, operation, maintenance, and

  7  financing of the turnpike system. No revenues or bond proceeds

  8  from the turnpike system shall be spent for the operation,

  9  maintenance, construction, or financing of any project which

10  is not part of the turnpike system.

11         Section 30.  Section 338.228, Florida Statutes, is

12  amended to read:

13         338.228  Bonds not debts or pledges of credit of

14  state.--Turnpike revenue bonds issued under the provisions of

15  ss. 338.22-338.241 338.22-338.244 are not debts of the state

16  or pledges of the faith and credit of the state.  Such bonds

17  are payable exclusively from revenues pledged for their

18  payment.  All such bonds shall contain a statement on their

19  face that the state is not obligated to pay the same or the

20  interest thereon, except from the revenues pledged for their

21  payment, and that the faith and credit of the state is not

22  pledged to the payment of the principal or interest of such

23  bonds.  The issuance of turnpike revenue bonds under the

24  provisions of ss. 338.22-338.241 338.22-338.244 does not

25  directly, indirectly, or contingently obligate the state to

26  levy or to pledge any form of taxation whatsoever, or to make

27  any appropriation for their payment.  Except as provided in

28  ss. 338.001, 338.223, and 338.2275, no state funds shall be

29  used on any turnpike project or to pay the principal or

30  interest of any bonds issued to finance or refinance any

31

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  1  portion of the turnpike system, and all such bonds shall

  2  contain a statement on their face to this effect.

  3         Section 31.  Section 338.229, Florida Statutes, is

  4  amended to read:

  5         338.229  Pledge to bondholders not to restrict certain

  6  rights of department.--The state does pledge to, and agree

  7  with, the holders of the bonds issued pursuant to ss.

  8  338.22-338.241 338.22-338.244 that the state will not limit or

  9  restrict the rights vested in the department to construct,

10  reconstruct, maintain, and operate any turnpike project as

11  defined in ss. 338.22-338.241 338.22-338.244 or to establish

12  and collect such tolls or other charges as may be convenient

13  or necessary to produce sufficient revenues to meet the

14  expenses of maintenance and operation of the turnpike system

15  and to fulfill the terms of any agreements made with the

16  holders of bonds authorized by this act and that the state

17  will not in any way impair the rights or remedies of the

18  holders of such bonds until the bonds, together with interest

19  on the bonds, are fully paid and discharged.

20         Section 32.  Subsections (6) and (7) of section

21  338.231, Florida Statutes, are amended to read:

22         338.231  Turnpike tolls, fixing; pledge of tolls and

23  other revenues.--The department shall at all times fix,

24  adjust, charge, and collect such tolls for the use of the

25  turnpike system as are required in order to provide a fund

26  sufficient with other revenues of the turnpike system to pay

27  the cost of maintaining, improving, repairing, and operating

28  such turnpike system; to pay the principal of and interest on

29  all bonds issued to finance or refinance any portion of the

30  turnpike system as the same become due and payable; and to

31  create reserves for all such purposes.

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  1         (6)  In each fiscal year while any of the bonds of the

  2  Broward County Expressway Authority series 1984 and series

  3  1986-A remain outstanding, the department is authorized to

  4  pledge revenues from the turnpike system to the payment of

  5  principal and interest of such series of bonds, the repayment

  6  of Broward County gasoline tax funds as provided in s.

  7  338.2275(3) (4), and the operation and maintenance expenses of

  8  the Sawgrass Expressway, to the extent gross toll revenues of

  9  the Sawgrass Expressway are insufficient to make such

10  payments.  The terms of an agreement relative to the pledge of

11  turnpike system revenue will be negotiated with the parties of

12  the 1984 and 1986 Broward County Expressway Authority

13  lease-purchase agreements, and subject to the covenants of

14  those agreements.  The agreement shall establish that the

15  Sawgrass Expressway shall be subject to the planning,

16  management, and operating control of the department limited

17  only by the terms of the lease-purchase agreements.  The

18  department shall provide for the payment of operation and

19  maintenance expenses of the Sawgrass Expressway until such

20  agreement is in effect.  This pledge of turnpike system

21  revenues shall be subordinate to the debt service requirements

22  of any future issue of turnpike bonds, the payment of turnpike

23  system operation and maintenance expenses, and subject to

24  provisions of any subsequent resolution or trust indenture

25  relating to the issuance of such turnpike bonds.

26         (7)  The use and disposition of revenues pledged to

27  bonds are subject to the provisions of ss. 338.22-338.241

28  338.22-338.244 and such regulations as the resolution

29  authorizing the issuance of such bonds or such trust agreement

30  may provide.

31

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  1         Section 33.  Section 338.232, Florida Statutes, is

  2  amended to read:

  3         338.232  Continuation of tolls upon provision for

  4  payment of bondholders and assumption of maintenance by

  5  department.--When all revenue bonds issued under the

  6  provisions of ss. 338.22-338.241 338.22-338.244 in connection

  7  with the turnpike system and the interest on the bonds have

  8  been paid, or an amount sufficient to provide for the payment

  9  of all such bonds and the interest on the bonds to the

10  maturity of the bonds, or such earlier date on which the bonds

11  may be called, has been set aside in trust for the benefit of

12  the bondholders, the department may assume the maintenance of

13  the turnpike system as part of the State Highway System,

14  except that the turnpike system shall remain subject to

15  sufficient tolls to pay the cost of the maintenance, repair,

16  improvement, and operation of the system and the construction

17  of turnpike projects.

18         Section 34.  Section 338.239, Florida Statutes, is

19  amended to read:

20         338.239  Traffic control on the turnpike system.--

21         (1)  The department is authorized to adopt rules with

22  respect to the use of the turnpike system, which rules must

23  relate to vehicular speeds, loads and dimensions, safety

24  devices, rules of the road, and other matters necessary to

25  carry out the purposes of ss. 338.22-338.241 338.22-338.244.

26  Insofar as these rules may be inconsistent with the provisions

27  of chapter 316, the rules control.  A violation of these rules

28  must be punished pursuant to chapters 316 and 318.

29         (2)  Members of the Florida Highway Patrol are vested

30  with the power, and charged with the duty, to enforce the

31  rules of the department. Expenses incurred by the Florida

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  1  Highway Patrol in carrying out its powers and duties under ss.

  2  338.22-338.241 338.22-338.244 may be treated as a part of the

  3  cost of the operation of the turnpike system, and the

  4  Department of Highway Safety and Motor Vehicles shall be

  5  reimbursed by the Department of Transportation for such

  6  expenses incurred on the turnpike mainline, which is that part

  7  of the turnpike system extending from the southern terminus in

  8  Florida City to the northern terminus in Wildwood including

  9  all contiguous sections.

10         Section 35.  Subsection (1) of section 338.251, Florida

11  Statutes, is amended to read:

12         338.251  Toll Facilities Revolving Trust Fund.--The

13  Toll Facilities Revolving Trust Fund is hereby created for the

14  purpose of encouraging the development and enhancing the

15  financial feasibility of revenue-producing road projects

16  undertaken by local governmental entities in a county or

17  combination of contiguous counties.

18         (1)(a)  The department is authorized to advance funds

19  for preliminary engineering, traffic and revenue studies,

20  environmental impact studies, financial advisory services,

21  engineering design, right-of-way map preparation, other

22  appropriate project-related professional services, and

23  advanced right-of-way acquisition to expressway authorities,

24  counties, or other local governmental entities that desire to

25  undertake revenue-producing road projects.

26         (b)  For the 1997-1998 fiscal year only, up to $500,000

27  may be loaned by the department to the St. Lucie County

28  Expressway Authority for purposes described in paragraph (a).

29  This paragraph is repealed on July 1, 1998.

30         Section 36.  Subsection (4) of section 339.08, Florida

31  Statutes, is amended to read:

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  1         339.08  Use of moneys in State Transportation Trust

  2  Fund.--

  3         (4)  The department may authorize the investment of the

  4  earnings accrued and collected upon the investment of the

  5  minimum balance of funds required to be maintained in the

  6  State Transportation Trust Fund pursuant to s. 339.135(6)(b)

  7  (7)(b).  Such investment shall be limited as provided in s.

  8  288.9607(7).

  9         Section 37.  Section 339.091, Florida Statutes, is

10  repealed.

11         Section 38.  Paragraph (e) of subsection (7) of section

12  339.135, Florida Statutes, is reenacted to read:

13         339.135  Work program; legislative budget request;

14  definitions; preparation, adoption, execution, and

15  amendment.--

16         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

17         (e)  Notwithstanding the requirements in paragraph (d)

18  and ss. 216.177(2) and 216.351, the secretary may request the

19  Executive Office of the Governor to amend the adopted work

20  program when an emergency exists, as defined in s. 252.34(3),

21  and the emergency relates to the repair or rehabilitation of

22  any state transportation facility.  The Executive Office of

23  the Governor may approve the amendment to the adopted work

24  program and amend that portion of the department's approved

25  budget in the event that the delay incident to the

26  notification requirements in paragraph (d) would be

27  detrimental to the interests of the state.  However, the

28  department shall immediately notify the parties specified in

29  paragraph (d) and shall provide such parties written

30  justification for the emergency action within 7 days of the

31  approval by the Executive Office of the Governor of the

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  1  amendment to the adopted work program and the department's

  2  budget.  In no event may the adopted work program be amended

  3  under the provisions of this subsection without the

  4  certification by the comptroller of the department that there

  5  are sufficient funds available pursuant to the 36-month cash

  6  forecast and applicable statutes.

  7         Section 39.  Sections 339.145 and 339.147, Florida

  8  Statutes, are repealed.

  9         Section 40.  Paragraph (a) of subsection (10) of

10  section 339.175, Florida Statutes, is amended to read:

11         339.175  Metropolitan planning organization.--It is the

12  intent of the Legislature to encourage and promote the

13  development of transportation systems embracing various modes

14  of transportation in a manner that will maximize the mobility

15  of people and goods within and through urbanized areas of this

16  state and minimize, to the maximum extent feasible, and

17  together with applicable regulatory government agencies,

18  transportation-related fuel consumption and air pollution.  To

19  accomplish these objectives, metropolitan planning

20  organizations, referred to in this section as M.P.O.'s, shall

21  develop, in cooperation with the state, transportation plans

22  and programs for metropolitan areas. Such plans and programs

23  must provide for the development of transportation facilities

24  that will function as an intermodal transportation system for

25  the metropolitan area.  The process for developing such plans

26  and programs shall be continuing, cooperative, and

27  comprehensive, to the degree appropriate, based on the

28  complexity of the transportation problems.

29         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

30  COUNCIL.--

31

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  1         (a)  A Metropolitan Planning Organization Advisory

  2  Council is created to augment, and not supplant, the role of

  3  the individual M.P.O.'s in the cooperative transportation

  4  planning process described in this section s. 339.155(5).

  5         Section 41.  Paragraph (a) of subsection (7) of section

  6  339.2405, Florida Statutes, is amended to read:

  7         339.2405  Florida Highway Beautification Council.--

  8         (7)(a)  The duties of the council shall be to:

  9         1.  Provide information to local governments and local

10  highway beautification councils regarding the state highway

11  beautification grants program.

12         2.  Accept grant requests from local governments.

13         3.  Review grant requests for compliance with council

14  rules.

15         4.  Establish rules for evaluating and prioritizing the

16  grant requests.  The rules must include, but are not limited

17  to, an examination of each grant's aesthetic value,

18  cost-effectiveness, level of local support, feasibility of

19  installation and maintenance, and compliance with state and

20  federal regulations. Rules adopted by the council which it

21  uses to evaluate grant applications must take into

22  consideration the contributions made by the highway

23  beautification project in preventing litter.

24         5.  Maintain a prioritized list of approved grant

25  requests.  The list must include recommended funding levels

26  for each request and, if staged implementation is appropriate,

27  funding requirements for each stage shall be provided.

28         6.  Assess the feasibility of planting and maintaining

29  indigenous wildflowers and plants, instead of sod

30  groundcovers, along the rights-of-way of state roads and

31  highways.  In making such assessment, the council shall

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  1  utilize data from other states which include indigenous

  2  wildflower and plant species in their highway vegetative

  3  management systems. The council shall complete its assessment

  4  and present a report to the head of the department by July 1,

  5  1988.

  6         Section 42.  Paragraph (g) of subsection (2) of section

  7  339.241, Florida Statutes, is amended to read:

  8         339.241  Florida Junkyard Control Law.--

  9         (2)  DEFINITIONS.--Wherever used or referred to in this

10  section, unless a different meaning clearly appears from the

11  context, the term:

12         (g)  "Junk," "junkyard," and "scrap metal processing

13  facility" mean the same as defined in 23 U.S.C. s. 136

14  described in s. 205.371(1)(a), (b), and (e).

15         Section 43.  Section 341.051, Florida Statutes, is

16  amended to read:

17         341.051  Administration and financing of public transit

18  programs and projects.--

19         (1)  FEDERAL AID.--

20         (a)  The department is authorized to receive federal

21  grants or apportionments for public transit projects in this

22  state.

23         (b)  Local governmental entities are authorized to

24  receive federal grants or apportionments for public transit

25  and commuter assistance projects. In addition, the provisions

26  of s. 337.403 notwithstanding, if the relocation of utility

27  facilities is necessitated by the construction of a

28  fixed-guideway public transit project and the utilities

29  relocation is approved as a part of the project by a

30  participating federal agency (if eligible for federal matching

31  reimbursement), then any county chartered under s. 6(e), Art.

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  1  VIII of the State Constitution shall pay at least 50 percent

  2  of the nonfederal share of the cost attributable to such

  3  relocation after deducting therefrom any increase in the value

  4  of the new facility and any salvage value derived from the old

  5  facility.  The balance of the nonfederal share shall be paid

  6  by the utility.

  7         (2)  PUBLIC TRANSIT PLAN.--

  8         (a)  The department shall prepare a public transit plan

  9  which shall be included in the tentative work program of the

10  department prepared pursuant to s. 339.135(4).  The provisions

11  of s. 339.135 apply to public transit projects in the same

12  manner that they apply to other transportation facility

13  construction projects. Any planned department participation

14  shall be in accordance with subsection (5).

15         (b)  The public transit plan shall be consistent with

16  the local plans developed in accordance with the comprehensive

17  transportation planning process. Projects that involve funds

18  administered by the department, and that will be undertaken

19  and implemented by another public agency, shall be included in

20  the public transit plan upon the request of that public

21  agency, providing such project is eligible under the

22  requirements established herein and subject to estimated

23  availability of funds. Projects so included in the plan shall

24  not be altered or removed from priority status without notice

25  to the public agency or local governmental entities involved.

26         (3)  APPROPRIATION REQUESTS.--

27         (a)  Public transit funds shall be requested on the

28  basis of the funding required for the public transit plan.

29  Appropriation requests shall identify each public transit

30  project calling for a state expenditure of $500,000 or more.

31

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  1         (b)  Public transit service development projects and

  2  transit corridor projects shall be individually identified in

  3  the appropriation request by the department.  Such request

  4  shall show a breakdown of funds showing capital and operating

  5  expense.

  6         (c)  Unless otherwise authorized by the Legislature,

  7  the department is prohibited from entering into any agreement

  8  or contract for a public transit project which would result in

  9  the ultimate expenditure or commitment of state funds in

10  excess of $5 million.

11         (4)  PROJECT ELIGIBILITY.--

12         (a)  Any project that is necessary to meet the program

13  objectives enumerated in s. 341.041, that conforms to the

14  provisions of this section, and that is contained in the local

15  transportation improvement program and the adopted work

16  program of the department is eligible for the expenditure of

17  state funds for transit purposes.

18         1.  The project shall be a project for service or

19  transportation facilities provided by the department under the

20  provisions of this act, a public transit capital project, a

21  commuter assistance project, a public transit service

22  development project, or a transit corridor project.

23         2.  The project must be approved by the department as

24  being consistent with the criteria established pursuant to the

25  provisions of this act.

26         (b)  Such expenditures shall be in accordance with the

27  fund participation rates and the criteria established in this

28  section for project development and implementation, and are

29  subject to approval by the department as being consistent with

30  the Florida Transportation Plan and regional transportation

31  goals and objectives.

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  1         (c)  Unless otherwise authorized by the Legislature,

  2  the department is prohibited from entering into any agreement

  3  or contract for a public transit project which would result in

  4  the ultimate expenditure or commitment of state funds in

  5  excess of $5 million.

  6         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

  7         (a)  The department may fund up to 50 percent of the

  8  nonfederal share of the costs, not to exceed the local share,

  9  of any eligible public transit capital project or commuter

10  assistance project that is local in scope; except, however,

11  that departmental participation in the final design,

12  right-of-way acquisition, and construction phases of an

13  individual fixed-guideway project which is not approved for

14  federal funding shall not exceed an amount equal to 12.5

15  percent of the total cost of each phase.

16         (b)  The Department of Transportation shall develop a

17  major capital investment policy which shall include policy

18  criteria and guidelines for the expenditure or commitment of

19  state funds for public transit capital projects. The policy

20  shall include the following:

21         1.  Methods to be used to determine consistency of a

22  transit project with the approved local government

23  comprehensive plans of the units of local government in which

24  the project is located.

25         2.  Methods for evaluating the level of local

26  commitment to a transit project, which is to be demonstrated

27  through system planning and the development of a feasible plan

28  to fund operating cost through fares, value capture techniques

29  such as joint development and special districts, or other

30  local funding mechanisms.

31

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  1         3.  Methods for evaluating alternative transit systems

  2  including an analysis of technology and alternative methods

  3  for providing transit services in the corridor.

  4

  5  The department shall present such investment policy to both

  6  the Senate Transportation Committee and the House Public

  7  Transportation Committee along with recommended legislation by

  8  March 1, 1991.

  9         (c)  The department is authorized to fund up to 100

10  percent of the cost of any eligible transit capital project or

11  commuter assistance project that is statewide in scope or

12  involves more than one county where no other governmental

13  entity or appropriate jurisdiction exists.

14         (d)  The department is authorized to advance up to 80

15  percent of the capital cost of any eligible project that will

16  assist Florida's transit systems in becoming fiscally

17  self-sufficient.  Such advances shall be reimbursed to the

18  department on an appropriate schedule not to exceed 5 years

19  after the date of provision of the advances.

20         (e)  The department is authorized to fund up to 100

21  percent of the capital and net operating costs of statewide

22  transit service development projects or transit corridor

23  projects.  All transit service development projects shall be

24  specifically identified by way of a departmental appropriation

25  request, and transit corridor projects shall be identified as

26  part of the planned improvements on each transportation

27  corridor designated by the department.  The project

28  objectives, the assigned operational and financial

29  responsibilities, the timeframe required to develop the

30  required service, and the criteria by which the success of the

31  project will be judged shall be documented by the department

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  1  for each such transit service development project or transit

  2  corridor project.

  3         (f)  The department is authorized to fund up to 50

  4  percent of the capital and net operating costs of transit

  5  service development projects that are local in scope and that

  6  will improve system efficiencies, ridership, or revenues.  All

  7  such projects shall be identified in the appropriation request

  8  of the department through a specific program of projects, as

  9  provided for in s. 341.041, that is selectively applied in the

10  following functional areas and is subject to the specified

11  times of duration:

12         1.  Improving system operations, including, but not

13  limited to, realigning route structures, increasing system

14  average speed, decreasing deadhead mileage, expanding area

15  coverage, and improving schedule adherence, for a period of up

16  to 3 years;

17         2.  Improving system maintenance procedures, including,

18  but not limited to, effective preventive maintenance programs,

19  improved mechanics training programs, decreasing service

20  repair calls, decreasing parts inventory requirements, and

21  decreasing equipment downtime, for a period of up to 3 years;

22         3.  Improving marketing and consumer information

23  programs, including, but not limited to, automated information

24  services, organized advertising and promotion programs, and

25  signing of designated stops, for a period of up to 2 years;

26  and

27         4.  Improving technology involved in overall

28  operations, including, but not limited to, transit equipment,

29  fare collection techniques, electronic data processing

30  applications, and bus locators, for a period of up to 2 years.

31

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  1  For purposes of this section, the term "net operating costs"

  2  means all operating costs of a project less any federal funds,

  3  fares, or other sources of income to the project.

  4         Section 44.  Subsection (2) of section 341.052, Florida

  5  Statutes, is amended to read:

  6         341.052  Public transit block grant program;

  7  administration; eligible projects; limitation.--

  8         (2)  Costs for which public transit block grant program

  9  funds may be expended include:

10         (a)  Costs of public bus transit and local public fixed

11  guideway capital projects.

12         (b)  Costs of public bus transit service development

13  and transit corridor projects. Whenever block grant funds are

14  used for a service development project or a transit corridor

15  project, the use of such funds is governed by s. 341.051.

16  Local transit service development projects and transit

17  corridor projects currently operating under contract with the

18  department shall continue to receive state funds according to

19  the contract until such time as the contract expires. Transit

20  corridor projects, wholly within one county, meeting or

21  exceeding performance criteria as described in the contract

22  shall be continued by the transit provider at the same or a

23  higher level of service until such time as the department, the

24  M.P.O., and the service provider, agree to discontinue the

25  service.  The provider may not increase fares for services in

26  transit corridor projects wholly within one county without the

27  consent of the department.

28         (c)  Costs of public bus transit operations.

29

30  All projects shall be consistent, to the maximum extent

31  feasible, with the approved local government comprehensive

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  1  plans of the units of local government comprehensive plans of

  2  local government in which the project is located.

  3         Section 45.  Subsection (1) of section 341.321, Florida

  4  Statutes, is reenacted to read:

  5         341.321  Development of high-speed rail transportation

  6  system; legislative findings, policy, purpose, and intent.--

  7         (1)  The intent of ss. 341.3201-341.386 is to further

  8  and advance the goals and purposes of the 1984 High Speed Rail

  9  Transportation Commission Act; to ensure a harmonious

10  relationship between that act and the various growth

11  management laws enacted by the Legislature including the Local

12  Government Comprehensive Planning and Land Development

13  Regulation Act, ss. 163.3161-163.3215, the Florida State

14  Comprehensive Planning Act of 1972, as amended, ss.

15  186.001-186.031, the Florida Regional Planning Council Act,

16  ss. 186.501-186.513, and the State Comprehensive Plan, chapter

17  187; to promote the implementation of these acts in an

18  effective manner; and to encourage and enhance the

19  establishment of a high-speed rail transportation system

20  connecting the major urban areas of the state as expeditiously

21  as is economically feasible.  Furthermore, it is the intent of

22  the Legislature that any high-speed rail line and transit

23  station be consistent to the maximum extent feasible with

24  local comprehensive plans, and that any other development

25  associated with the rail line and transit station shall

26  ultimately be consistent with comprehensive plans. The

27  Legislature therefore reaffirms these enactments and further

28  finds:

29         (a)  That the implementation of a high-speed rail

30  transportation system in the state will result in overall

31  social and environmental benefits, improvements in ambient air

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  1  quality, better protection of water quality, greater

  2  preservation of wildlife habitat, less use of open space, and

  3  enhanced conservation of natural resources and energy.

  4         (b)  That a high-speed rail transportation system, when

  5  used in conjunction with sound land use planning, becomes a

  6  vigorous force in achieving growth management goals and in

  7  encouraging the use of public transportation to augment and

  8  implement land use and growth management goals and objectives.

  9         (c)  That urban and social benefits include

10  revitalization of blighted or economically depressed areas,

11  the redirection of growth in a carefully and comprehensively

12  planned manner, and the creation of numerous employment

13  opportunities within inner-city areas.

14         (d)  That transportation benefits include improved

15  travel times and more reliable travel, hence increased

16  productivity. High-speed rail is far safer than other modes of

17  transportation and, therefore, travel-related deaths and

18  injuries can be reduced, and millions of dollars can be saved

19  from avoided accidents.

20         Section 46.  Subsection (2) of section 341.3333,

21  Florida Statutes, is amended to read:

22         341.3333  Application for franchise; confidentiality of

23  application and trade secrets.--

24         (2)  Each applicant, in response to the request for

25  proposals, shall file its application with the department at

26  the location and within the time and date limitations

27  specified in the request for proposals. Applications filed

28  before the deadline shall be kept sealed by the department

29  until the time and date specified for opening.  Such sealed

30  applications shall be confidential and exempt from the

31  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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  1  Constitution until such time as the department provides notice

  2  of a decision or intended decision pursuant to s. 120.57(3)(a)

  3  or until 10 days after application opening, whichever is

  4  earlier.  Thereafter, the applications are public. However,

  5  the applicant may segregate the trade secret portions of the

  6  application and request that the department maintain those

  7  portions as confidential and exempt from the provisions of s.

  8  119.07(1) and s. 24(a), Art. I of the State Constitution. Upon

  9  award of a franchise, the franchisee may segregate portions of

10  materials required to be submitted by the department and

11  request that the department maintain those portions as

12  confidential and exempt from the provisions of s. 119.07(1)

13  and s. 24(a), Art. I of the State Constitution. Such portions

14  designated by an applicant or by the franchisee shall remain

15  confidential and exempt from the provisions of s. 119.07(1)

16  only if the department finds that the information satisfies

17  the criteria established in s. 119.15(4)(b)3. 119.14(4)(b)3.

18         Section 47.  Paragraphs (a) and (c) of subsection (2)

19  of section 341.352, Florida Statutes, are amended to read:

20         341.352  Certification hearing.--

21         (2)(a)  The parties to the certification proceeding

22  are:

23         1.  The franchisee.

24         2.  The Department of Commerce.

25         2.3.  The Department of Environmental Protection.

26         3.4.  The Department of Transportation.

27         4.5.  The Department of Community Affairs.

28         5.6.  The Game and Fresh Water Fish Commission.

29         6.7.  Each water management district.

30         7.8.  Each local government.

31         8.9.  Each regional planning council.

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  1         9.10.  Each metropolitan planning organization.

  2         (c)  Notwithstanding the provisions of chapter 120 to

  3  the contrary, after the filing with the administrative law

  4  judge of a notice of intent to be a party by an agency or

  5  corporation or association described in subparagraph 1. or

  6  subparagraph 2., or a petition for intervention by a person

  7  described in subparagraph 3., no later than 30 days prior to

  8  the date set for the certification hearing, any of the

  9  following entities also shall be a party to the proceeding:

10         1.  Any state agency not listed in paragraph (a), as to

11  matters within its jurisdiction.

12         2.  Any domestic nonprofit corporation or association

13  that is formed, in whole or in part, to promote conservation

14  of natural beauty; to protect the environment, personal

15  health, or other biological values; to preserve historical

16  sites; to promote consumer interests; to represent labor,

17  commercial, or industrial groups; to promote economic

18  development; or to promote the orderly development, or

19  maintain the residential integrity, of the area in which the

20  proposed high-speed rail transportation system is to be

21  located.

22         3.  Any person whose substantial interests are affected

23  and being determined by the proceeding.

24         Section 48.  Subsection (3) of section 343.64, Florida

25  Statutes, is amended to read:

26         343.64  Powers and duties.--

27         (3)  The authority shall, by February 1, 1993, develop

28  and adopt a plan for the development of the Central Florida

29  Commuter Rail.  Such plan shall address the authority's plan

30  for the development of public and private revenue sources,

31  funding of capital and operating costs, the service to be

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  1  provided, and the extent to which counties within the area of

  2  operation of the authority are to be served.  The plan shall

  3  be reviewed and updated annually.  The plan shall be

  4  consistent, to the maximum extent feasible, with the approved

  5  local government comprehensive plans of the units of local

  6  government served by the authority.

  7         Section 49.  Subsection (3) of section 343.74, Florida

  8  Statutes, is amended to read:

  9         343.74  Powers and duties.--

10         (3)  The authority shall, by February 1, 1992, develop

11  and adopt a plan for the development of the Tampa Bay Commuter

12  Rail or Commuter Ferry Service.  Such plan shall address the

13  authority's plan for the development of public and private

14  revenue sources, funding of operating and capital costs, the

15  service to be provided and the extent to which counties within

16  the authority are to be served. The plan shall be reviewed and

17  updated annually. Such plan shall be consistent, to the

18  maximum extent feasible, with the approved local government

19  comprehensive plan of the units of local government served by

20  the authority.

21         Section 50.  Paragraph (c) of subsection (2) of section

22  348.0005, Florida Statutes, is amended to read:

23         348.0005  Bonds.--

24         (2)

25         (c)  Said bonds shall be sold by the authority at

26  public sale by competitive bid. However, if the authority,

27  after receipt of a written recommendation from a financial

28  adviser, shall determine by official action after public

29  hearing by a two-thirds vote of all voting members of the

30  authority that a negotiated sale of the bonds is in the best

31  interest of the authority, the authority may negotiate for

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  1  sale of the bonds with the underwriter or underwriters

  2  designated by the authority and the county in which the

  3  authority exists. The authority shall provide specific

  4  findings in a resolution as to the reasons requiring the

  5  negotiated sale, which resolution shall incorporate and have

  6  attached thereto the written recommendation of the financial

  7  adviser required by this subsection (4).

  8         Section 51.  Section 348.0009, Florida Statutes, is

  9  amended to read:

10         348.0009  Cooperation with other units, boards,

11  agencies, and individuals.--Express authority and power is

12  given and granted to any county, municipality, drainage

13  district, road and bridge district, school district, or other

14  political subdivision, board, commission, or individual in or

15  of this state to enter into contracts, leases, conveyances, or

16  other agreements within the provisions and purposes of the

17  Florida Expressway Authority Act with an authority. An

18  authority may enter into contracts, leases, conveyances, and

19  other agreements, to the extent consistent with chapters 334,

20  335, 338, and 339, and 340, and other provisions of the laws

21  of the state and with 23 U.S.C. ss. 101 et seq., with any

22  political subdivision, agency, or instrumentality of the state

23  and any and all federal agencies, corporations, and

24  individuals, for the purpose of carrying out the provisions of

25  the Florida Expressway Authority Act.

26         Section 52.  Section 348.248, Florida Statutes, is

27  amended to read:

28         348.248  Cooperation with other units, boards,

29  agencies, and individuals.--Express authority and power is

30  given and granted to any county, municipality, drainage

31  district, road and bridge district, school district, or other

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  1  political subdivision, board, commission, or individual in or

  2  of this state to make and enter into contracts, leases,

  3  conveyances, or other agreements within the provisions and

  4  purposes of this part with the authority.  The authority is

  5  expressly authorized to make and enter into contracts, leases,

  6  conveyances, and other agreements, to the extent consistent

  7  with chapters 334, 335, 338, and 339, and 340 and other

  8  provisions of the laws of this state and with 23 U.S.C. ss.

  9  101 et seq., with any political subdivision, agency, or

10  instrumentality of this state and any and all federal

11  agencies, corporations, and individuals, for the purpose of

12  carrying out the provisions of this part.

13         Section 53.  Section 348.948, Florida Statutes, is

14  amended to read:

15         348.948  Cooperation with other units, boards,

16  agencies, and individuals.--Express authority and power is

17  given and granted to any county, municipality, drainage

18  district, road and bridge district, school district, or other

19  political subdivision, board, commission, or individual in or

20  of this state to make and enter into contracts, leases,

21  conveyances, or other agreements within the provisions and

22  purposes of this part with the authority.  The authority is

23  expressly authorized to make and enter into contracts, leases,

24  conveyances, and other agreements, to the extent consistent

25  with chapters 334, 335, 338, and 339, and 340 and other

26  provisions of the laws of this state and with 23 U.S.C. ss.

27  101 et seq., with any political subdivision, agency, or

28  instrumentality of this state and any and all federal

29  agencies, corporations, and individuals, for the purpose of

30  carrying out the provisions of this part.

31

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  1         Section 54.  Subsection (3) of section 349.05, Florida

  2  Statutes, is amended to read:

  3         349.05  Bonds of the authority.--

  4         (3)  The authority may employ fiscal agents as provided

  5  by this chapter or the State Board of Administration may, upon

  6  request by the authority, act as fiscal agent for the

  7  authority in the issuance of any bonds that may be issued

  8  pursuant to this chapter part, and the State Board of

  9  Administration may, upon request by the authority, take over

10  the management, control, administration, custody, and payment

11  of any or all debt services or funds or assets now or

12  hereafter available for any bonds issued pursuant to this

13  chapter part.  The authority may enter into deeds of trust,

14  indentures, or other agreements with its fiscal agent, or with

15  any bank or trust company within or without the state, as

16  security for such bonds, and may, under such agreements,

17  assign and pledge all or any of the revenues, rates, fees,

18  rentals, or other charges or receipts of the authority,

19  including all or any portion of the Duval County gasoline tax

20  funds received by the authority pursuant to the terms of any

21  lease-purchase agreement between the authority and the

22  department, thereunder.  Such deed of trust, indenture, or

23  other agreement, may contain such provisions as is customary

24  in such instruments or, as the authority may authorize,

25  including, but without limitation, provisions as to:

26         (a)  The completion, improvement, operation, extension,

27  maintenance, repair, and lease of, or lease-purchase agreement

28  relating to, the Jacksonville Expressway System, and the

29  duties of the authority and others, including the department,

30  with reference thereto;

31

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  1         (b)  The application of funds and the safeguarding of

  2  funds on hand or on deposit;

  3         (c)  The rights and remedies of the trustee and the

  4  holders of the bonds; and

  5         (d)  The terms and provisions of the bonds or the

  6  resolutions authorizing the issuance of the same.

  7         Section 55.  Section 349.21, Florida Statutes, is

  8  amended to read:

  9         349.21  Powers conferred by part VII VI, chapter 163,

10  and by s. 212.055(1).--Notwithstanding any other provision of

11  law, any transportation authority created by this chapter

12  shall have all the powers conferred by part VII VI of chapter

13  163 and by s. 212.055(1).  The revenues provided by this

14  section shall be used to pay principal and interest on bonds

15  for which tolls have been pledged.  The powers provided by

16  this section shall expire when all such bonds in existence on

17  the effective date of this act have been retired.

18         Section 56.  Section 378.411, Florida Statutes, is

19  amended to read:

20         378.411  Certification to receive notices of intent to

21  mine, to review and to inspect for compliance.--

22         (1)  By petition to the secretary, a local government

23  or the Department of Transportation may request certification

24  to receive notices of intent to mine, to review, and to

25  conduct compliance inspections.

26         (2)  In deciding whether to grant certification to a

27  local government, the secretary shall determine whether the

28  following criteria are being met:

29         (a)  The petitioning local government has adopted and

30  effectively implemented a local government comprehensive plan.

31

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  1         (b)  The local government has adequate review

  2  procedures and the financial and staffing resources necessary

  3  to assume responsibility for adequate review and inspection.

  4         (c)  The local government has a record of effectively

  5  reviewing, inspecting, and enforcing compliance with local

  6  ordinances and state laws.

  7         (3)  In deciding whether to grant certification to the

  8  Department of Transportation, the secretary shall request all

  9  information necessary to determine the capability of the

10  Department of Transportation to meet the requirements of this

11  part.

12         (3)(4)  In making his or her determination, the

13  secretary shall consult with the Department of Community

14  Affairs, the appropriate regional planning council, and the

15  appropriate water management district.

16         (4)(5)  The secretary shall evaluate the performance of

17  a local government or the Department of Transportation on a

18  regular basis to ensure compliance with this section. All or

19  part of the certification may be rescinded if the secretary

20  determines that the certification is not being carried out

21  pursuant to the requirements of this part.

22         (5)(6)  The department shall establish the

23  certification procedure by rule.

24         Section 57.  Paragraph (b) of subsection (1) of section

25  427.012, Florida Statutes, is amended to read:

26         427.012  The Commission for the Transportation

27  Disadvantaged.--There is created the Commission for the

28  Transportation Disadvantaged in the Department of

29  Transportation.

30         (1)  The commission shall consist of the following

31  members:

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  1         (b)  The secretary of the Department of Children and

  2  Family Health and Rehabilitative Services or the secretary's

  3  designee.

  4         Section 58.  Subsection (16) of section 427.013,

  5  Florida Statutes, is amended to read:

  6         427.013  The Commission for the Transportation

  7  Disadvantaged; purpose and responsibilities.--The purpose of

  8  the commission is to accomplish the coordination of

  9  transportation services provided to the transportation

10  disadvantaged. The goal of this coordination shall be to

11  assure the cost-effective provision of transportation by

12  qualified community transportation coordinators or

13  transportation operators for the transportation disadvantaged

14  without any bias or presumption in favor of multioperator

15  systems or not-for-profit transportation operators over single

16  operator systems or for-profit transportation operators. In

17  carrying out this purpose, the commission shall:

18         (16)  Review and approve memorandums of agreement for

19  the provision provisions of coordinated transportation

20  services.

21         Section 59.  Subsection (23) of section 479.01, Florida

22  Statutes, is amended, and subsection (24) of said section is

23  reenacted, to read:

24         479.01  Definitions.--As used in this chapter, the

25  term:

26         (23)  "Unzoned commercial or industrial area" means an

27  area within 660 feet of the nearest edge of the right-of-way

28  of the interstate or federal-aid primary system where the land

29  use is not covered by a future land use map or zoning

30  regulation pursuant to subsection (3) (2), in which there are

31  located three or more separate and distinct industrial or

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  1  commercial uses located within a 1,600-foot radius of each

  2  other and generally recognized as commercial or industrial by

  3  zoning authorities in this state. Certain activities,

  4  including, but not limited to, the following, may not be so

  5  recognized:

  6         (a)  Signs.

  7         (b)  Agricultural, forestry, ranching, grazing,

  8  farming, and related activities, including, but not limited

  9  to, wayside fresh produce stands.

10         (c)  Transient or temporary activities.

11         (d)  Activities not visible from the main-traveled way.

12         (e)  Activities conducted more than 660 feet from the

13  nearest edge of the right-of-way.

14         (f)  Activities conducted in a building principally

15  used as a residence.

16         (g)  Railroad tracks and minor sidings.

17         (24)  "Urban area" has the same meaning as defined in

18  s. 334.03(32).

19         Section 60.  Section 951.05, Florida Statutes, is

20  amended to read:

21         951.05  Working county prisoners on roads and bridges

22  or other public works of the county; hiring out to another

23  county.--The board of county commissioners of the several

24  counties may require all county prisoners under sentence

25  confined in the jail of their respective counties for any

26  offense to labor upon the public roads, bridges, farms, or

27  other public works owned and operated by the county, or on

28  other projects for which the governing body of the county

29  could otherwise lawfully expend public funds and which it

30  determines to be necessary for the health, safety, and welfare

31  of the county, or in the event the county commissioners of any

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  1  county deem it to the best interest of their county, they may

  2  hire out their prisoners to any other county in the state to

  3  be worked upon the public roads, bridges, or other public

  4  works of that county, or on other projects for which the

  5  governing body of that county could otherwise lawfully expend

  6  public funds and which it determines to be necessary for the

  7  health, safety, and welfare of that county, or they may, upon

  8  such terms as may be agreed upon between themselves and the

  9  Division of Road Operations of the Department of

10  Transportation, lease or let said prisoners to the department

11  division instead of keeping them in the county jail where they

12  are sentenced. The money derived from the hire of such

13  prisoners shall be paid to the county hiring out such

14  prisoners and placed to the credit of the fine and forfeiture

15  fund of the county.

16         Section 61.  This act shall take effect July 1 of the

17  year in which enacted.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Revises provisions of law relating to the Department of
22    Transportation to correct cross references, delete
      obsolete language, repeal obsolete provisions, and
23    reenact certain other provisions to technically update
      statute text. See bill for details.
24

25

26

27

28

29

30

31

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