Senate Bill 1314

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    Florida Senate - 1999                                  SB 1314

    By Senator Webster





    12-1088-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending ss. 20.23, 206.46,

  4         288.9607, 337.29, 337.407, 338.22, 338.221,

  5         338.223, 338.225, 338.227, 338.228, 338.229,

  6         338.231, 338.232, 338.239, 339.08, 339.175,

  7         339.241, 341.3333, 348.0005, 348.0009, 348.248,

  8         348.948, 349.05, 479.01, F.S.; conforming

  9         cross-references; repealing s. 234.112, F.S.,

10         relating to school bus stops; repealing s.

11         335.165, F.S., relating to welcome stations;

12         repealing section 137 of chapter 96-320, Laws

13         of Florida, relating to certain uncollectible

14         debts owned by a local government for utility

15         relocation cost reimbursements; repealing s.

16         339.091, F.S., relating to a declaration of

17         legislative intent; repealing s. 339.145, F.S.,

18         relating to certain expenditures in the Working

19         Capital Trust Fund; repealing s. 339.147, F.S.,

20         relating to certain audits by the Auditor

21         General; amending ss. 311.09, 331.303, 331.305,

22         331.308, 331.331, 334.03, 335.074, 335.182,

23         335.188, 336.044, 337.015, 337.139, 339.2405,

24         341.051, 341.352, 343.64, 343.74, 378.411,

25         427.012, 427.013, 951.05, F.S.; deleting

26         obsolete provisions, and, where appropriate,

27         clarifying provisions; reenacting ss. 336.01,

28         338.222, 339.135(7)(e), 341.321(1), F.S.,

29         relating to designation of county road system,

30         acquisition or construction or operation of

31         turnpike projects, amendment of the adopted

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1         work program, and legislative findings and

  2         intent regarding development of high-speed rail

  3         transportation system; providing an effective

  4         date.

  5

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

  7

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

  9  20.23, Florida Statutes, 1998 Supplement, is amended to read:

10         20.23  Department of Transportation.--There is created

11  a Department of Transportation which shall be a decentralized

12  agency.

13         (3)

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

15  established within the central office for the purposes of:

16         a.  Developing policy and procedures and monitoring

17  performance to ensure compliance with these policies and

18  procedures;

19         b.  Performing statewide activities which it is more

20  cost-effective to perform in a central location;

21         c.  Assessing and ensuring the accuracy of information

22  within the department's financial management information

23  systems; and

24         d.  Performing other activities of a statewide nature.

25         2.  The following offices are established and shall be

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

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

28  classified at a level equal to a division director:

29         a.  The Office of Administration;

30         b.  The Office of Policy Planning;

31         c.  The Office of Design;

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1         d.  The Office of Construction;

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

  3         f.  The Office of Toll Operations; and

  4         g.  The Office of Information Systems.

  5         3.  Other offices may be established in accordance with

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

  7  II of chapter 110. No office or organization shall be created

  8  at a level equal to or higher than a division without specific

  9  legislative authority.

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

11  Statutes, is amended to read:

12         206.46  State Transportation Trust Fund.--

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

14  earnings accrued and collected upon the investment of the

15  minimum balance of funds required to be maintained in the

16  State Transportation Trust Fund pursuant to s.

17  339.135(6)(b)(7)(b).  Such investment shall be limited as

18  provided in s. 288.9607(7).

19         Section 3.  Section 234.112, Florida Statutes, is

20  repealed.

21         Section 4.  Paragraph (a) of subsection (7) of section

22  288.9607, Florida Statutes, is amended to read:

23         288.9607  Guaranty of bond issues.--

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

25  investment agreement with the Department of Transportation and

26  the State Board of Administration concerning the investment of

27  the earnings accrued and collected upon the investment of the

28  minimum balance of funds required to be maintained in the

29  State Transportation Trust Fund pursuant to s.

30  339.135(6)(b)(7)(b). Such investment shall be limited as

31  follows:

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

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

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

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

  5  corporation.

  6         2.  The investment earnings shall not be used to

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

  8  event shall the investment earnings be used to guarantee any

  9  bond issued for a maturity longer than 15 years.

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

11  the State Board of Administration, in return for the

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

13  comparable rate for similar investments in terms of size and

14  risk.

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

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

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

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

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

20  exceed 20 percent of the principal of all such outstanding

21  bonds of the corporation issued prior to the first composite

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

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

24  of all such outstanding bonds of the corporation issued

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

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

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

28  issued. The provisions of this subparagraph shall not apply

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

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

31  calculating the limits imposed by the provisions of this

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

  2  corporation shall be taken into account.

  3         5.  The corporation shall establish a debt service

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

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

  6  or portions thereof, guaranteed by the corporation.

  7         6.  The corporation shall establish an account known as

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

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

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

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

12  investment of earnings accrued and collected upon the

13  investment of the minimum balance of funds required to be

14  maintained in the State Transportation Trust Fund, not less

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

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

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

18  288.9607, and 288.9608. In the event the corporation fails to

19  maintain the balance required pursuant to this subparagraph

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

21  corporation guaranteed pursuant to this section or because of

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

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

24  preservation of any project or other collateral security for

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

26  the Revenue Bond Guaranty Reserve Account from loss while the

27  applicant is in default on amortization payments, or to

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

29  manner as may be deemed necessary or advisable by the

30  corporation, the corporation shall immediately notify the

31  Department of Transportation of such deficiency. Any

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1  supplemental funding authorized by an investment agreement

  2  entered into with the Department of Transportation and the

  3  State Board of Administration concerning the use of investment

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

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

  6  after the corporation has notified the Department of

  7  Transportation of such deficiency.

  8         Section 5.  Subsection (3) of section 311.09, Florida

  9  Statutes, is amended to read:

10         311.09  Florida Seaport Transportation and Economic

11  Development Council.--

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

13  Mission Plan defining the goals and objectives of the council

14  concerning the development of port facilities and an

15  intermodal transportation system consistent with the goals of

16  the Florida Transportation Plan developed pursuant to s.

17  339.155. The Florida Seaport Mission Plan shall include

18  specific recommendations for the construction of

19  transportation facilities connecting any port to another

20  transportation mode and for the efficient, cost-effective

21  development of transportation facilities or port facilities

22  for the purpose of enhancing international trade, promoting

23  cargo flow, increasing cruise passenger movements, increasing

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

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

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

27  1 of each year to the President of the Senate; the Speaker of

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

29  and Economic Development; the Department of Transportation;

30  and the Department of Community Affairs.  The council shall

31  develop programs, based on an examination of existing programs

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

  2  and secondary school students in job skills associated with

  3  employment opportunities in the maritime industry, and report

  4  on progress and recommendations for further action to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives annually, beginning no later than February 1,

  7  1991.

  8         Section 6.  Subsection (16) of section 331.303, Florida

  9  Statutes, is amended to read:

10         331.303  Definitions.--

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

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

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

14  include coordination with Enterprise Florida, Inc. the Florida

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

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

17  module, launch facility, assembly facility, operations or

18  control facility, tracking facility, administrative facility,

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

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

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

22  type of intellectual property and intellectual property

23  protection in connection with any of the foregoing including,

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

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

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

27  distribution or collection system; any small business

28  incubator initiative, including any startup aerospace company,

29  research and development company, research and development

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

31  tourism initiative, including any space experience attraction,

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

  2  promoted by the authority.

  3         Section 7.  Subsections (1), (4), and (21) of section

  4  331.305, Florida Statutes, are amended to read:

  5         331.305  Powers of the authority.--The authority shall

  6  have the power to:

  7         (1)  Exercise all powers granted to corporations under

  8  the Florida Business General Corporation Act, chapter 607.

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

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

11  educational and commercial development.  The authority shall

12  in coordination with the Federal Government, private industry,

13  and Florida universities develop a business plan which shall

14  address the expansion of Spaceport Florida locations, space

15  launch capacity, spaceport projects, and complementary

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

17  detailed analysis of:

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

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

20  technologies, skills.

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

22  competition, economics.

23         (d)  Marketing plan and strategy.

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

25  costs.

26         (f)  Manufacturing locations, facilities, and

27  operations plan.

28         (g)  Management organization--roles and

29  responsibilities.

30         (h)  Overall schedule (monthly).

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

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

  2  community development.

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

  4  for next 3 years).

  5         (l)  Proposed authority offering--financing,

  6  capitalization, use of funds.

  7

  8  A final report containing the recommendations and business

  9  plan of the authority shall be completed and submitted prior

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

11  proposed statutory changes and related legislative budget

12  requests required to implement the business plan, to the

13  Governor, the President of the Senate, the Speaker of the

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

15  and the minority leader of the House of Representatives.

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

17  other bonds or obligations authorized by the provisions of

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

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

20  construction, reconstruction, extension, repair, improvement,

21  or maintenance of any project or combination of projects,

22  including payloads and space flight hardware, and equipment

23  for research, development, and educational activities, to

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

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

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

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

28  other than conduit bonds, issued under the authority contained

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

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

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

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1  the presiding officers and appropriations chairs of both

  2  houses of the Legislature prior to presenting a bond proposal

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

  4  appropriations chair objects to the bonding proposal within

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

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

  7  and Cabinet.

  8         Section 8.  Subsection (2) of section 331.308, Florida

  9  Statutes, is amended to read:

10         331.308  Board of supervisors.--

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

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

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

14  or until successors are appointed and qualified.  Thereafter,

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

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

17  member shall be construed to commence on the date of

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

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

20  shall be construed to include the time between initial

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

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

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

24  3-year term or fill any vacancy for the remainder of a term

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

26  preclude any such member from holding any other private or

27  public position.

28         Section 9.  Subsection (1) of section 331.331, Florida

29  Statutes, is amended to read:

30         331.331  Revenue bonds.--

31

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

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

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

  4  215.57-215.83.  However, until December 31, 1994, the power of

  5  the authority to issue revenue bonds shall be limited as

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

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

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

  9  bonding projects.

10         Section 10.  Paragraph (d) of subsection (25) of

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

12         334.03  Definitions.--When used in the Florida

13  Transportation Code, the term:

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

15  shall be facilities to which access is regulated:

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

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

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

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

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

21

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

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

24  included as minor arterials in the State Highway System.

25  Urbanized areas not meeting the foregoing minimum requirement

26  shall have transferred to the State Highway System additional

27  minor arterials of the highest significance in which case the

28  total minor arterials in the State Highway System from any

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

30  total public urban road mileage.

31

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1         Section 11.  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 12.  Section 335.165, Florida Statutes, is

10  repealed.

11         Section 13.  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 14.  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 15.  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 16.  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

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 17.  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 18.  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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    Florida Senate - 1999                                  SB 1314
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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 19.  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 20.  Section 137 of chapter 96-320, Laws of

18  Florida, is repealed.

19         Section 21.  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 22.  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."

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1         Section 23.  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 24.  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 25.  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 26.  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 27.  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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    12-1088-99                                              See HB




  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 28.  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




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

  2  contain a statement on their face to this effect.

  3         Section 29.  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 30.  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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    12-1088-99                                              See HB




  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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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  1         Section 31.  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 32.  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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    12-1088-99                                              See HB




  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 33.  Subsection (4) of section 339.08, Florida

11  Statutes, is amended to read:

12         339.08  Use of moneys in State Transportation Trust

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

19  288.9607(7).

20         Section 34.  Section 339.091, Florida Statutes, is

21  repealed.

22         Section 35.  Paragraph (e) of subsection (7) of section

23  339.135, Florida Statutes, is reenacted to read:

24         339.135  Work program; legislative budget request;

25  definitions; preparation, adoption, execution, and

26  amendment.--

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

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

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

30  Executive Office of the Governor to amend the adopted work

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

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  1  and the emergency relates to the repair or rehabilitation of

  2  any state transportation facility.  The Executive Office of

  3  the Governor may approve the amendment to the adopted work

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

  5  budget in the event that the delay incident to the

  6  notification requirements in paragraph (d) would be

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

  8  department shall immediately notify the parties specified in

  9  paragraph (d) and shall provide such parties written

10  justification for the emergency action within 7 days of the

11  approval by the Executive Office of the Governor of the

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

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

14  under the provisions of this subsection without the

15  certification by the comptroller of the department that there

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

17  forecast and applicable statutes.

18         Section 36.  Sections 339.145 and 339.147, Florida

19  Statutes, are repealed.

20         Section 37.  Paragraph (a) of subsection (10) of

21  section 339.175, Florida Statutes, 1998 Supplement, is amended

22  to read:

23         339.175  Metropolitan planning organization.--It is the

24  intent of the Legislature to encourage and promote the

25  development of transportation systems embracing various modes

26  of transportation in a manner that will maximize the mobility

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

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

29  together with applicable regulatory government agencies,

30  transportation-related fuel consumption and air pollution.  To

31  accomplish these objectives, metropolitan planning

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    Florida Senate - 1999                                  SB 1314
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  1  organizations, referred to in this section as M.P.O.'s, shall

  2  develop, in cooperation with the state, transportation plans

  3  and programs for metropolitan areas. Such plans and programs

  4  must provide for the development of transportation facilities

  5  that will function as an intermodal transportation system for

  6  the metropolitan area.  The process for developing such plans

  7  and programs shall be continuing, cooperative, and

  8  comprehensive, to the degree appropriate, based on the

  9  complexity of the transportation problems.

10         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

11  COUNCIL.--

12         (a)  A Metropolitan Planning Organization Advisory

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

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

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

16         Section 38.  Paragraph (a) of subsection (7) of section

17  339.2405, Florida Statutes, is amended to read:

18         339.2405  Florida Highway Beautification Council.--

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

20         1.  Provide information to local governments and local

21  highway beautification councils regarding the state highway

22  beautification grants program.

23         2.  Accept grant requests from local governments.

24         3.  Review grant requests for compliance with council

25  rules.

26         4.  Establish rules for evaluating and prioritizing the

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

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

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

30  installation and maintenance, and compliance with state and

31  federal regulations. Rules adopted by the council which it

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    Florida Senate - 1999                                  SB 1314
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  1  uses to evaluate grant applications must take into

  2  consideration the contributions made by the highway

  3  beautification project in preventing litter.

  4         5.  Maintain a prioritized list of approved grant

  5  requests.  The list must include recommended funding levels

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

  7  funding requirements for each stage shall be provided.

  8         6.  Assess the feasibility of planting and maintaining

  9  indigenous wildflowers and plants, instead of sod

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

11  highways.  In making such assessment, the council shall

12  utilize data from other states which include indigenous

13  wildflower and plant species in their highway vegetative

14  management systems. The council shall complete its assessment

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

16  1988.

17         Section 39.  Paragraph (g) of subsection (2) of section

18  339.241, Florida Statutes, is amended to read:

19         339.241  Florida Junkyard Control Law.--

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

21  section, unless a different meaning clearly appears from the

22  context, the term:

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

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

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

26         Section 40.  Section 341.051, Florida Statutes, is

27  amended to read:

28         341.051  Administration and financing of public transit

29  programs and projects.--

30         (1)  FEDERAL AID.--

31

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  1         (a)  The department is authorized to receive federal

  2  grants or apportionments for public transit projects in this

  3  state.

  4         (b)  Local governmental entities are authorized to

  5  receive federal grants or apportionments for public transit

  6  and commuter assistance projects. In addition, the provisions

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

  8  facilities is necessitated by the construction of a

  9  fixed-guideway public transit project and the utilities

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

11  participating federal agency (if eligible for federal matching

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

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

14  of the nonfederal share of the cost attributable to such

15  relocation after deducting therefrom any increase in the value

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

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

18  by the utility.

19         (2)  PUBLIC TRANSIT PLAN.--

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

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

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

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

24  manner that they apply to other transportation facility

25  construction projects. Any planned department participation

26  shall be in accordance with subsection (5).

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

28  the local plans developed in accordance with the comprehensive

29  transportation planning process. Projects that involve funds

30  administered by the department, and that will be undertaken

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

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  1  the public transit plan upon the request of that public

  2  agency, providing such project is eligible under the

  3  requirements established herein and subject to estimated

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

  5  not be altered or removed from priority status without notice

  6  to the public agency or local governmental entities involved.

  7         (3)  APPROPRIATION REQUESTS.--

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

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

10  Appropriation requests shall identify each public transit

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

12         (b)  Public transit service development projects and

13  transit corridor projects shall be individually identified in

14  the appropriation request by the department.  Such request

15  shall show a breakdown of funds showing capital and operating

16  expense.

17         (c)  Unless otherwise authorized by the Legislature,

18  the department is prohibited from entering into any agreement

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

20  the ultimate expenditure or commitment of state funds in

21  excess of $5 million.

22         (4)  PROJECT ELIGIBILITY.--

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

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

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

26  transportation improvement program and the adopted work

27  program of the department is eligible for the expenditure of

28  state funds for transit purposes.

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

30  transportation facilities provided by the department under the

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

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  1  commuter assistance project, a public transit service

  2  development project, or a transit corridor project.

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

  4  being consistent with the criteria established pursuant to the

  5  provisions of this act.

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

  7  fund participation rates and the criteria established in this

  8  section for project development and implementation, and are

  9  subject to approval by the department as being consistent with

10  the Florida Transportation Plan and regional transportation

11  goals and objectives.

12         (c)  Unless otherwise authorized by the Legislature,

13  the department is prohibited from entering into any agreement

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

15  the ultimate expenditure or commitment of state funds in

16  excess of $5 million.

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

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

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

20  of any eligible public transit capital project or commuter

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

22  that departmental participation in the final design,

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

24  individual fixed-guideway project which is not approved for

25  federal funding shall not exceed an amount equal to 12.5

26  percent of the total cost of each phase.

27         (b)  The Department of Transportation shall develop a

28  major capital investment policy which shall include policy

29  criteria and guidelines for the expenditure or commitment of

30  state funds for public transit capital projects. The policy

31  shall include the following:

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

  2  transit project with the approved local government

  3  comprehensive plans of the units of local government in which

  4  the project is located.

  5         2.  Methods for evaluating the level of local

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

  7  through system planning and the development of a feasible plan

  8  to fund operating cost through fares, value capture techniques

  9  such as joint development and special districts, or other

10  local funding mechanisms.

11         3.  Methods for evaluating alternative transit systems

12  including an analysis of technology and alternative methods

13  for providing transit services in the corridor.

14

15  The department shall present such investment policy to both

16  the Senate Transportation Committee and the House Public

17  Transportation Committee along with recommended legislation by

18  March 1, 1991.

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

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

21  commuter assistance project that is statewide in scope or

22  involves more than one county where no other governmental

23  entity or appropriate jurisdiction exists.

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

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

26  assist Florida's transit systems in becoming fiscally

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

28  department on an appropriate schedule not to exceed 5 years

29  after the date of provision of the advances.

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

31  percent of the capital and net operating costs of statewide

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  1  transit service development projects or transit corridor

  2  projects.  All transit service development projects shall be

  3  specifically identified by way of a departmental appropriation

  4  request, and transit corridor projects shall be identified as

  5  part of the planned improvements on each transportation

  6  corridor designated by the department.  The project

  7  objectives, the assigned operational and financial

  8  responsibilities, the timeframe required to develop the

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

10  project will be judged shall be documented by the department

11  for each such transit service development project or transit

12  corridor project.

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

14  percent of the capital and net operating costs of transit

15  service development projects that are local in scope and that

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

17  such projects shall be identified in the appropriation request

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

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

20  following functional areas and is subject to the specified

21  times of duration:

22         1.  Improving system operations, including, but not

23  limited to, realigning route structures, increasing system

24  average speed, decreasing deadhead mileage, expanding area

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

26  to 3 years;

27         2.  Improving system maintenance procedures, including,

28  but not limited to, effective preventive maintenance programs,

29  improved mechanics training programs, decreasing service

30  repair calls, decreasing parts inventory requirements, and

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

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  1         3.  Improving marketing and consumer information

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

  3  services, organized advertising and promotion programs, and

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

  5  and

  6         4.  Improving technology involved in overall

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

  8  fare collection techniques, electronic data processing

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

10

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

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

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

14         Section 41.  Subsection (1) of section 341.321, Florida

15  Statutes, is reenacted to read:

16         341.321  Development of high-speed rail transportation

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

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

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

20  Transportation Commission Act; to ensure a harmonious

21  relationship between that act and the various growth

22  management laws enacted by the Legislature including the Local

23  Government Comprehensive Planning and Land Development

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

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

26  186.001-186.031, the Florida Regional Planning Council Act,

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

28  187; to promote the implementation of these acts in an

29  effective manner; and to encourage and enhance the

30  establishment of a high-speed rail transportation system

31  connecting the major urban areas of the state as expeditiously

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

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

  3  station be consistent to the maximum extent feasible with

  4  local comprehensive plans, and that any other development

  5  associated with the rail line and transit station shall

  6  ultimately be consistent with comprehensive plans. The

  7  Legislature therefore reaffirms these enactments and further

  8  finds:

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

10  transportation system in the state will result in overall

11  social and environmental benefits, improvements in ambient air

12  quality, better protection of water quality, greater

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

14  enhanced conservation of natural resources and energy.

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

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

17  vigorous force in achieving growth management goals and in

18  encouraging the use of public transportation to augment and

19  implement land use and growth management goals and objectives.

20         (c)  That urban and social benefits include

21  revitalization of blighted or economically depressed areas,

22  the redirection of growth in a carefully and comprehensively

23  planned manner, and the creation of numerous employment

24  opportunities within inner-city areas.

25         (d)  That transportation benefits include improved

26  travel times and more reliable travel, hence increased

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

28  transportation and, therefore, travel-related deaths and

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

30  from avoided accidents.

31

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  1         Section 42.  Subsection (2) of section 341.3333,

  2  Florida Statutes, is amended to read:

  3         341.3333  Application for franchise; confidentiality of

  4  application and trade secrets.--

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

  6  proposals, shall file its application with the department at

  7  the location and within the time and date limitations

  8  specified in the request for proposals. Applications filed

  9  before the deadline shall be kept sealed by the department

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

11  applications shall be confidential and exempt from the

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

13  Constitution until such time as the department provides notice

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

15  or until 10 days after application opening, whichever is

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

17  the applicant may segregate the trade secret portions of the

18  application and request that the department maintain those

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

20  119.07(1) and s. 24(a), Art. I of the State Constitution. Upon

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

22  materials required to be submitted by the department and

23  request that the department maintain those portions as

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

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

26  designated by an applicant or by the franchisee shall remain

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

28  only if the department finds that the information satisfies

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

30         Section 43.  Paragraphs (a) and (c) of subsection (2)

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

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  1         341.352  Certification hearing.--

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

  3  are:

  4         1.  The franchisee.

  5         2.  The Department of Commerce.

  6         2.3.  The Department of Environmental Protection.

  7         3.4.  The Department of Transportation.

  8         4.5.  The Department of Community Affairs.

  9         5.6.  The Game and Fresh Water Fish Commission.

10         6.7.  Each water management district.

11         7.8.  Each local government.

12         8.9.  Each regional planning council.

13         9.10.  Each metropolitan planning organization.

14         (c)  Notwithstanding the provisions of chapter 120 to

15  the contrary, after the filing with the administrative law

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

17  corporation or association described in subparagraph 1. or

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

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

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

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

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

23  matters within its jurisdiction.

24         2.  Any domestic nonprofit corporation or association

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

26  of natural beauty; to protect the environment, personal

27  health, or other biological values; to preserve historical

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

29  commercial, or industrial groups; to promote economic

30  development; or to promote the orderly development, or

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

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  1  proposed high-speed rail transportation system is to be

  2  located.

  3         3.  Any person whose substantial interests are affected

  4  and being determined by the proceeding.

  5         Section 44.  Subsection (3) of section 343.64, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         343.64  Powers and duties.--

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

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

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

11  for the development of public and private revenue sources,

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

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

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

15  be reviewed and updated annually. The plan shall be

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

17  local government comprehensive plans of the units of local

18  government served by the authority.

19         Section 45.  Subsection (3) of section 343.74, Florida

20  Statutes, is amended to read:

21         343.74  Powers and duties.--

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

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

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

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

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

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

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

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

30  maximum extent feasible, with the approved local government

31

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  1  comprehensive plan of the units of local government served by

  2  the authority.

  3         Section 46.  Paragraph (c) of subsection (2) of section

  4  348.0005, Florida Statutes, is amended to read:

  5         348.0005  Bonds.--

  6         (2)

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

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

  9  after receipt of a written recommendation from a financial

10  adviser, shall determine by official action after public

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

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

13  interest of the authority, the authority may negotiate for

14  sale of the bonds with the underwriter or underwriters

15  designated by the authority and the county in which the

16  authority exists. The authority shall provide specific

17  findings in a resolution as to the reasons requiring the

18  negotiated sale, which resolution shall incorporate and have

19  attached thereto the written recommendation of the financial

20  adviser required by this subsection (4).

21         Section 47.  Section 348.0009, Florida Statutes, is

22  amended to read:

23         348.0009  Cooperation with other units, boards,

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

25  given and granted to any county, municipality, drainage

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

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

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

29  other agreements within the provisions and purposes of the

30  Florida Expressway Authority Act with an authority. An

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

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

  2  335, 338, and 339, and 340, and other provisions of the laws

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

  4  political subdivision, agency, or instrumentality of the state

  5  and any and all federal agencies, corporations, and

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

  7  the Florida Expressway Authority Act.

  8         Section 48.  Section 348.248, Florida Statutes, is

  9  amended to read:

10         348.248  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 make and enter into contracts, leases,

16  conveyances, or other agreements within the provisions and

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

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

19  conveyances, and other agreements, to the extent consistent

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

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

22  101 et seq., with any political subdivision, agency, or

23  instrumentality of this state and any and all federal

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

25  carrying out the provisions of this part.

26         Section 49.  Section 348.948, Florida Statutes, is

27  amended to read:

28         348.948  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 50.  Subsection (3) of section 349.05, Florida

14  Statutes, is amended to read:

15         349.05  Bonds of the authority.--

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

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

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

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

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

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

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

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

24  hereafter available for any bonds issued pursuant to this

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

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

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

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

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

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

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

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

  2  lease-purchase agreement between the authority and the

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

  4  other agreement, may contain such provisions as is customary

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

  6  including, but without limitation, provisions as to:

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

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

  9  relating to, the Jacksonville Expressway System, and the

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

11  with reference thereto;

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

13  funds on hand or on deposit;

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

15  holders of the bonds; and

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

17  resolutions authorizing the issuance of the same.

18         Section 51.  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 52.  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 53.  Subsection (16) of section 427.013,

  5  Florida Statutes, 1998 Supplement, 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 54.  Subsection (23) of section 479.01, Florida

22  Statutes, is amended, and subsection (24) of that 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 55.  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

                                  49

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    Florida Senate - 1999                                  SB 1314
    12-1088-99                                              See HB




  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 56.  This act shall take effect July 1, 1999.

17

18            *****************************************

19                       LEGISLATIVE SUMMARY

20
      Revises provisions of law relating to the Department of
21    Transportation to conform cross-references, delete
      obsolete provisions, repeal obsolete provisions, and
22    reenact certain other provisions to update statutes. (See
      bill for details.)
23

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27

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31

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