CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Webster and Casas moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (b) of subsection (2) and
18 paragraphs (a) and (d) of subsection (3) of section 20.23,
19 Florida Statutes, 1998 Supplement, is amended to read:
20 20.23 Department of Transportation.--There is created
21 a Department of Transportation which shall be a decentralized
22 agency.
23 (2)
24 (b) The commission shall have the primary functions
25 to:
26 1. Recommend major transportation policies for the
27 Governor's approval, and assure that approved policies and any
28 revisions thereto are properly executed.
29 2. Periodically review the status of the state
30 transportation system including highway, transit, rail,
31 seaport, intermodal development, and aviation components of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the system and recommend improvements therein to the Governor
2 and the Legislature.
3 3. Perform an in-depth evaluation of the annual
4 department budget request, the Florida Transportation Plan,
5 and the tentative work program for compliance with all
6 applicable laws and established departmental policies. Except
7 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
8 the commission may not consider individual construction
9 projects, but shall consider methods of accomplishing the
10 goals of the department in the most effective, efficient, and
11 businesslike manner.
12 4. Monitor the financial status of the department on a
13 regular basis to assure that the department is managing
14 revenue and bond proceeds responsibly and in accordance with
15 law and established policy.
16 5. Monitor on at least a quarterly basis, the
17 efficiency, productivity, and management of the department,
18 using performance and production standards developed by the
19 commission pursuant to s. 334.045.
20 6. Perform an in-depth evaluation of the factors
21 causing disruption of project schedules in the adopted work
22 program and recommend to the Legislature and the Governor
23 methods to eliminate or reduce the disruptive effects of these
24 factors.
25 (3)(a) The central office shall establish departmental
26 policies, rules, procedures, and standards and shall monitor
27 the implementation of such policies, rules, procedures, and
28 standards in order to ensure uniform compliance and quality
29 performance by the districts and central office units that
30 implement transportation programs. Major transportation
31 policy initiatives or revisions shall be submitted to the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 commission for review. The central office monitoring function
2 shall be based on a plan that clearly specifies what areas
3 will be monitored, activities and criteria used to measure
4 compliance, and a feedback process that assures monitoring
5 findings are reported and deficiencies corrected. The
6 secretary is responsible for ensuring that a the central
7 office monitoring function is implemented by October 1, 1990,
8 and that it functions properly thereafter. In conjunction
9 with its monitoring function, the central office shall provide
10 such training and administrative support to the districts as
11 the department determines to be necessary to ensure that the
12 department's programs are carried out in the most efficient
13 and effective manner.
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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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 d. The Office of Highway Operations 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(6). The heads of such offices are exempt from part II
7 of chapter 110. No office or organization shall be created at
8 a level equal to or higher than a division without specific
9 legislative authority.
10 4. During the construction of a major transportation
11 improvement project or as determined by the district
12 secretary, the department may provide assistance to a business
13 entity significantly impacted by the project if the entity is
14 a for-profit entity that has been in business for 3 years
15 prior to the beginning of construction and has direct or
16 shared access to the transportation project being constructed.
17 The assistance program shall be in the form of additional
18 guarantees to assist the impacted business entity in receiving
19 loans pursuant to Title 13 C.F.R. part 120. However, in no
20 instance shall the combined guarantees be greater than 90
21 percent of the loan. The department shall adopt rules to
22 implement this subparagraph.
23 Section 2. Subsections (2) and (3) of section 206.46,
24 Florida Statutes, are amended to read:
25 206.46 State Transportation Trust Fund.--
26 (2) Notwithstanding any other provisions of law, from
27 the revenues deposited into the State Transportation Trust
28 Fund a maximum of 7 6 percent in each fiscal year shall be
29 transferred into the Right-of-Way Acquisition and Bridge
30 Construction Trust Fund created in s. 215.605, as needed to
31 meet the requirements of the documents authorizing the bonds
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 issued or proposed to be issued under ss. 215.605 and 337.276
2 or at a minimum amount sufficient to pay for the debt service
3 coverage requirements of outstanding bonds. Notwithstanding
4 the 7 6 percent annual transfer authorized in this subsection,
5 the annual amount transferred under this subsection shall not
6 exceed an amount necessary to provide the required debt
7 service coverage levels for a maximum debt service not to
8 exceed $135 $115 million. Such transfer shall be payable
9 primarily from the motor and diesel fuel taxes transferred to
10 the State Transportation Trust Fund from the Fuel Tax
11 Collection Trust Fund.
12 (3) Through fiscal year 1999-2000, a minimum of 14.3
13 percent of all state revenues deposited into the State
14 Transportation Trust Fund shall be committed annually by the
15 department for public transportation projects in accordance
16 with chapter 311, ss. 332.003-332.007, and chapter 341, and
17 chapter 343. Beginning in fiscal year 2000-2001, and each year
18 thereafter, a minimum of 15 percent of all state revenues
19 deposited into the State Transportation Trust Fund shall be
20 committed annually by the department for public transportation
21 projects in accordance with chapter 311, ss. 332.002-332.007,
22 and chapter 341, and chapter 343.
23 Section 3. The Department of Community Affairs and the
24 Department of Transportation must jointly review and submit
25 proposed legislative language based upon and implementing the
26 recommendations of the Transportation and Land Use Study
27 Committee, created by the 1998 Legislature, and 1999 Senate
28 Bill 2306, to the Legislature on or before December 1, 1999.
29 Such proposed legislative language must be fiscally feasible
30 within current and projected funding.
31 Section 4. Section 215.615, Florida Statutes, is
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 created to read:
2 215.615 Fixed-guideway transportation systems
3 funding.--
4 (1) The issuance of revenue bonds by the Division of
5 Bond Finance, on behalf of the Department of Transportation,
6 pursuant to s. 11, Art. VII of the State Constitution, is
7 authorized, pursuant to the State Bond Act, to finance or
8 refinance fixed capital expenditures for fixed-guideway
9 transportation systems, as defined in s. 341.031, including
10 facilities appurtenant thereto, costs of issuance, and other
11 amounts relating to such financing or refinancing. Such
12 revenue bonds shall be matched on a 50-50 basis with funds
13 from sources other than revenues of the Department of
14 Transportation, in a manner acceptable to the Department of
15 Transportation.
16 (a) The department and any participating commuter rail
17 authority or regional transportation authority established
18 under chapter 343, local governments, or local governments
19 collectively by interlocal agreement having jurisdiction of a
20 fixed-guideway transportation system may enter into an
21 interlocal agreement to promote the efficient and
22 cost-effective financing or refinancing of fixed-guideway
23 transportation system projects by revenue bonds issued
24 pursuant to this subsection. The terms of such interlocal
25 agreements shall include provisions for the Department of
26 Transportation to request the issuance of the bonds on behalf
27 of the parties; shall provide that each party to the agreement
28 is contractually liable for an equal share of funding an
29 amount equal to the debt service requirements of such bonds;
30 and shall include any other terms, provisions or covenants
31 necessary to the making of and full performance under such
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 interlocal agreement. Repayments made to the department under
2 any interlocal agreement are not pledged to the repayment of
3 bonds issued hereunder, and failure of the local governmental
4 authority to make such payment shall not affect the obligation
5 of the department to pay debt service on the bonds.
6 (b) Revenue bonds issued pursuant to this subsection
7 shall not constitute a general obligation of, or a pledge of
8 the full faith and credit of, the State of Florida. Bonds
9 issued pursuant to this section shall be payable from funds
10 available pursuant to s. 206.46(3), subject to annual
11 appropriation. The amount of revenues available for debt
12 service shall never exceed a maximum of 2 percent of all state
13 revenues deposited into the State Transportation Trust Fund.
14 (c) The projects to be financed or refinanced with the
15 proceeds of the revenue bonds issued hereunder are designated
16 as state fixed capital outlay projects for purposes of s.
17 11(d), Art. VII of the State Constitution, and the specific
18 projects to be financed or refinanced shall be determined by
19 the Department of Transportation in accordance with state law
20 and appropriations from the State Transportation Trust Fund.
21 Each project to be financed with the proceeds of the bonds
22 issued pursuant to this subsection must first be approved by
23 the Legislature by an act of general law.
24 (d) Any complaint for validation of bonds issued
25 pursuant to this section shall be filed in the circuit court
26 of the county where the seat of state government is situated,
27 the notice required to be published by s. 75.06 shall be
28 published only in the county where the complaint is filed, and
29 the complaint and order of the circuit court shall be served
30 only on the state attorney of the circuit in which the action
31 is pending.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (e) The state does hereby covenant with holders of
2 such revenue bonds or other instruments of indebtedness issued
3 hereunder, that it will not repeal or impair or amend these
4 provisions in any manner that will materially and adversely
5 affect the rights of such holders as long as bonds authorized
6 by this subsection are outstanding.
7 (f) This subsection supersedes any inconsistent
8 provisions in existing law.
9
10 Notwithstanding this subsection, the lien of revenue bonds
11 issued pursuant to this subsection on moneys deposited into
12 the State Transportation Trust Fund shall be subordinate to
13 the lien on such moneys of bonds issued under ss. 215.605,
14 320.20, and 215.616, and any pledge of such moneys to pay
15 operating and maintenance expenses under subsection (5) and
16 chapter 348, as may be amended.
17 (2) To be eligible for participation, fixed-guideway
18 transportation system projects must comply with the major
19 capital investment policy guidelines and criteria established
20 by the Department of Transportation under chapter 341; must be
21 found to be consistent, to the maximum extent feasible, with
22 approved local government comprehensive plans of the local
23 governments in which such projects are located; and must be
24 included in the work program of the Department of
25 Transportation pursuant to the provisions under s. 339.135.
26 The department shall certify that the expected useful life of
27 the transportation improvements will equal or exceed the
28 maturity date of the debt to be issued.
29 Section 5. Subsection (2) of section 316.003, Florida
30 Statutes, is amended to read:
31 316.003 Definitions.--The following words and phrases,
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 when used in this chapter, shall have the meanings
2 respectively ascribed to them in this section, except where
3 the context otherwise requires:
4 (2) BICYCLE.--Every vehicle propelled solely by human
5 power, and every motorized bicycle propelled by a combination
6 of human power and an electric helper motor rated at not more
7 than 200 watts and capable of propelling the vehicle at a
8 speed of not more than 20 10 miles per hour on level ground
9 upon which any person may ride, having two tandem wheels, and
10 including any device generally recognized as a bicycle though
11 equipped with two front or two rear wheels. The term does not
12 include such a vehicle with a seat height of no more than 25
13 inches from the ground when the seat is adjusted to its
14 highest position or a scooter or similar device. No person
15 under the age of 16 may operate or ride upon a motorized
16 bicycle.
17 Section 6. Subsection (1) of section 320.08, Florida
18 Statutes, is amended to read:
19 320.08 License taxes.--Except as otherwise provided
20 herein, there are hereby levied and imposed annual license
21 taxes for the operation of motor vehicles, mopeds, motorized
22 bicycles as defined in s. 316.003(2), and mobile homes, as
23 defined in s. 320.01, which shall be paid to and collected by
24 the department or its agent upon the registration or renewal
25 of registration of the following:
26 (1) MOTORCYCLES, and MOPEDS, MOTORIZED BICYCLES.--
27 (a) Any motorcycle: $10 flat.
28 (b) Any moped: $5 flat.
29 (c) Any motorized bicycle as defined in s. 316.003(2):
30 $5 flat; however, annual renewal is not required.
31 (c)(d) Upon registration of any motorcycle,
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 motor-driven cycle, or moped there shall be paid in addition
2 to the license taxes specified in this subsection a
3 nonrefundable motorcycle safety education fee in the amount of
4 $2.50. The proceeds of such additional fee shall be deposited
5 in the Highway Safety Operating Trust Fund and be used
6 exclusively to fund a motorcycle driver improvement program
7 implemented pursuant to s. 322.025 or the Florida Motorcycle
8 Safety Education Program established in s. 322.0255.
9 (d)(e) An ancient, antique, or collectible motorcycle:
10 $10 flat.
11 Section 7. Section 320.0803, Florida Statutes, is
12 amended to read:
13 320.0803 Moped and motorized bicycle license plates.--
14 (1) Any other provision of law to the contrary
15 notwithstanding, registration and payment of license taxes in
16 accordance with these requirements and for the purposes stated
17 herein shall in no way be construed as placing any
18 requirements upon mopeds, and motorized bicycles as defined in
19 s. 316.003(2), other than the requirements of registration and
20 payment of license taxes.
21 (2) Each request for a license plate for a moped or a
22 motorized bicycle shall be submitted to the department or its
23 agent on an application form supplied by the department,
24 accompanied by the license tax required in s. 320.08.
25 (3) The license plate for a moped or motorized bicycle
26 shall be 4 inches wide by 7 inches long.
27 (4) A license plate for a moped or motorized bicycle
28 shall be of the same material as license plates issued
29 pursuant to s. 320.06; however, the word "Florida" shall be
30 stamped across the top of the plate in small letters.
31 Section 8. Section 320.08035, Florida Statutes, is
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 amended to read:
2 320.08035 Persons who have disabilities; reduced
3 dimension license plate.--The owner or lessee of a motorcycle,
4 moped, motorized bicycle, or motorized disability access
5 vehicle who resides in this state and qualifies for a parking
6 permit for a person who has a disability under s. 320.0848,
7 upon application and payment of the appropriate license tax
8 and fees under s. 320.08(1), must be issued a license plate
9 that has reduced dimensions as provided under s. 320.06(3)(a).
10 The plate must be stamped with the international symbol of
11 accessibility after the numeric and alpha serial number of the
12 license plate. The plate entitles the person to all
13 privileges afforded by a disabled parking permit issued under
14 s. 320.0848.
15 Section 9. Section 316.0815, Florida Statutes, is
16 created to read:
17 316.0815 Duty to yield to public transit vehicles.--
18 (1) The driver of a vehicle shall yield the
19 right-of-way to a publicly owned transit bus traveling in the
20 same direction which has signalled and is reentering the
21 traffic flow from a specifically designated pullout bay.
22 (2) This section does not relieve the driver of a
23 public transit bus from the duty to drive with due regard for
24 the safety of all persons using the roadway.
25 Section 10. Present subsections (2), (3), (4), (5),
26 (6), (7), (8), and (9) of section 316.1895, Florida Statutes,
27 are redesignated as subsections (3), (4), (5), (6), (7), (8),
28 (9), and (10), respectively, and a new subsection (2) is added
29 to that section to read:
30 316.1895 Establishment of school speed zones,
31 enforcement; designation.--
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (2) Upon request from the appropriate local
2 government, the Department of Transportation shall install and
3 maintain such traffic and pedestrian control devices on
4 state-maintained roads as prescribed in this section for all
5 prekindergarten early-intervention schools that receive
6 federal funding through the Headstart program.
7 Section 11. Paragraph (b) of subsection (1),
8 paragraphs (e) and (f) of subsection (2) of section 316.302,
9 Florida Statutes, 1998 Supplement, are amended to read:
10 316.302 Commercial motor vehicles; safety regulations;
11 transporters and shippers of hazardous materials;
12 enforcement.--
13 (1)
14 (b) Except as otherwise provided in this section, all
15 owners or drivers of commercial motor vehicles that are
16 engaged in intrastate commerce are subject to the rules and
17 regulations contained in 49 C.F.R. parts 382, 385, and
18 390-397, with the exception of 49 C.F.R. s. 390.5 as it
19 relates to the definition of bus, as such rules and
20 regulations existed on March 1, 1999 1997.
21 (2)
22 (e) A person who operates a commercial motor vehicle
23 solely in intrastate commerce is exempt from subsection (1)
24 while transporting agricultural products, including
25 horticultural or forestry products, from farm or harvest place
26 to the first place of processing or storage, or from farm or
27 harvest place directly to market. However, such person must
28 comply with 49 C.F.R. part 391, subpart H and parts 382, 392,
29 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and s. 396.9.
30 (f) A person who operates a commercial motor vehicle
31 having a declared gross vehicle weight of less than 26,000
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 pounds solely in intrastate commerce and who is not
2 transporting hazardous materials, or who is transporting
3 petroleum products as defined in s. 376.301 s. 376.301(29), is
4 exempt from subsection (1). However, such person must comply
5 with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
6 396.3(a)(1) and s. 396.9.
7 Section 12. Paragraph (c) of subsection (3) of section
8 316.3025, Florida Statutes, is amended to read:
9 316.3025 Penalties.--
10 (3)
11 (c) A civil penalty of $250 may be assessed for:
12 1. A violation of the placarding requirements of 49
13 C.F.R. parts 171-179;
14 2. A violation of the shipping paper requirements of
15 49 C.F.R. parts 171-179;
16 3. A violation of 49 C.F.R. s. 392.10;
17 4. A violation of 49 C.F.R. s. 397.5 s. 395.5;
18 5. A violation of 49 C.F.R. s. 397.7;
19 6. A violation of 49 C.F.R. s. 397.13; or
20 7. A violation of 49 C.F.R. s. 397.15.
21 Section 13. Paragraph (b) of subsection (2) of section
22 316.545, Florida Statutes, is amended to read:
23 316.545 Weight and load unlawful; special fuel and
24 motor fuel tax enforcement; inspection; penalty; review.--
25 (2)
26 (b) The officer shall inspect the license plate or
27 registration certificate of the commercial vehicle, as defined
28 in s. 316.003(66), to determine if its gross weight is in
29 compliance with the declared gross vehicle weight. If its
30 gross weight exceeds the declared weight, the penalty shall be
31 5 cents per pound on the difference between such weights. In
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 those cases when the commercial vehicle, as defined in s.
2 316.003(66), is being operated over the highways of the state
3 with an expired registration or with no registration from this
4 or any other jurisdiction or is not registered under the
5 applicable provisions of chapter 320, the penalty herein shall
6 apply on the basis of 5 cents per pound on that scaled weight
7 which exceeds 35,000 pounds on laden truck tractor-semitrailer
8 combinations or tandem trailer truck combinations, 10,000
9 pounds on laden straight trucks or straight truck-trailer
10 combinations, or 10,000 pounds on any unladen commercial motor
11 vehicle. If the license plate or registration has not been
12 expired for more than 90 days, the penalty imposed under this
13 paragraph may not exceed $1,000. In the case of special mobile
14 equipment as defined in s. 316.003(48), which qualifies for
15 the license tax provided for in s. 320.08(5)(b), being
16 operated on the highways of the state with an expired
17 registration or otherwise not properly registered under the
18 applicable provisions of chapter 320, a penalty of $75 shall
19 apply in addition to any other penalty which may apply in
20 accordance with this chapter. A vehicle found in violation of
21 this section may be detained until the owner or operator
22 produces evidence that the vehicle has been properly
23 registered. Any costs incurred by the retention of the
24 vehicle shall be the sole responsibility of the owner. A
25 person who has been assessed a penalty pursuant to this
26 paragraph for failure to have a valid vehicle registration
27 certificate pursuant to the provisions of chapter 320 is not
28 subject to the delinquent fee authorized in s. 320.07 if such
29 person obtains a valid registration certificate within 10
30 working days after such penalty was assessed.
31 Section 14. Subsection (4) of section 320.20, Florida
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Statutes, is amended to read:
2 320.20 Disposition of license tax moneys.--The revenue
3 derived from the registration of motor vehicles, including any
4 delinquent fees and excluding those revenues collected and
5 distributed under the provisions of s. 320.081, must be
6 distributed monthly, as collected, as follows:
7 (4) Notwithstanding any other provision of law except
8 subsections (1), (2), and (3), on July 1, 1999 2001 and
9 annually thereafter, $10 million shall be deposited in the
10 State Transportation Trust Fund solely for the purposes of
11 funding the Florida Seaport Transportation and Economic
12 Development Program as provided in chapter 311 and for funding
13 seaport intermodal access projects of statewide significance
14 as provided in s. 341.053. Such revenues shall be distributed
15 to any port listed in s. 311.09(1), to be used for funding
16 projects as follows:
17 (a) For any seaport intermodal access projects that
18 are identified in the 1997-1998 Tentative Work Program of the
19 Department of Transportation, up to the amounts needed to
20 offset the funding requirements of this section; and
21 (b) For seaport intermodal access projects as
22 described in s. 341.053(5) that are identified in the 5-year
23 Florida Seaport Mission Plan as provided in s. 311.09(3).
24 Funding for such projects shall be on a matching basis as
25 mutually determined by the Florida Seaport Transportation and
26 Economic Development Council and the Department of
27 Transportation, provided a minimum of 25 percent of total
28 project funds shall come from any port funds, local funds,
29 private funds, or specifically earmarked federal funds; or
30 (c) On a 50-50 matching basis for projects as
31 described in s. 311.07(3)(b).
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1
2 Such revenues may be assigned, pledged, or set aside as a
3 trust for the payment of principal or interest on bonds, tax
4 anticipation certificates, or any other form of indebtedness
5 issued by an individual port or appropriate local government
6 having jurisdiction thereof, or collectively by interlocal
7 agreement among any of the ports, or used to purchase credit
8 support to permit such borrowings. However, such debt shall
9 not constitute a general obligation of the state. This state
10 does hereby covenant with holders of such revenue bonds or
11 other instruments of indebtedness issued hereunder that it
12 will not repeal or impair or amend this subsection in any
13 manner which will materially and adversely affect the rights
14 of holders so long as bonds authorized by this subsection are
15 outstanding. Any revenues that are not pledged to the
16 repayment of bonds as authorized by this section may be
17 utilized for purposes authorized under the Florida Seaport
18 Transportation and Economic Development Program. This revenue
19 source is in addition to any amounts provided for and
20 appropriated in accordance with s. 311.07 and subsection (3).
21 The Florida Seaport Transportation and Economic Development
22 Council shall approve distribution of funds to ports for
23 projects that have been approved pursuant to s. 311.09(5)-(9),
24 or for seaport intermodal access projects identified in the
25 5-year Florida Seaport Mission Plan as provided in s.
26 311.09(3) and mutually agreed upon by the FSTED Council and
27 the Department of Transportation. All contracts for actual
28 construction of projects authorized by this subsection must
29 include a provision encouraging employment of WAGES
30 participants. The goal for employment of WAGES participants
31 is 25 percent of all new employees employed specifically for
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the project, unless the Department of Transportation and the
2 Florida Seaport Transportation and Economic Development
3 Council can demonstrate to the satisfaction of the Secretary
4 of Labor and Employment Security that such a requirement would
5 severely hamper the successful completion of the project. In
6 such an instance, the Secretary of Labor and Employment
7 Security shall establish an appropriate percentage of
8 employees that must be WAGES participants. The council and the
9 Department of Transportation are authorized to perform such
10 acts as are required to facilitate and implement the
11 provisions of this subsection. To better enable the ports to
12 cooperate to their mutual advantage, the governing body of
13 each port may exercise powers provided to municipalities or
14 counties in s. 163.01(7)(d) subject to the provisions of
15 chapter 311 and special acts, if any, pertaining to a port.
16 The use of funds provided pursuant to this subsection is
17 limited to eligible projects listed in this subsection. The
18 provisions of s. 311.07(4) do not apply to any funds received
19 pursuant to this subsection.
20 Section 15. Prior to the 2000 legislative session, the
21 Auditor General, in cooperation with the Office of Program
22 Policy Analysis and Government Accountability and the
23 Department of Banking and Finance, shall conduct a financial
24 and performance audit of the Florida Seaport Development
25 Program established pursuant to chapter 311 and s. 320.20,
26 Florida Statutes.
27 Section 16. Subsection (1) of section 335.0415,
28 Florida Statutes, is amended to read:
29 335.0415 Public road jurisdiction and transfer
30 process.--
31 (1) The jurisdiction of public roads and the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 responsibility for operation and maintenance within the
2 right-of-way of any road within the state, county, and
3 municipal road system shall be that which existed on June 10,
4 1995 exists on July 1, 1995.
5 Section 17. Subsection (1) of section 335.093, Florida
6 Statutes, is amended to read:
7 335.093 Scenic highway designation.--
8 (1) The Department of Transportation may, after
9 consultation with other state agencies and local governments,
10 designate public roads as scenic highways on the state highway
11 system. Public roads Highways designated as scenic highways
12 are intended to preserve, maintain, and protect a part of
13 Florida's cultural, historical, and scenic routes on the State
14 Highway System for vehicular, bicycle, and pedestrian travel.
15 Section 18. Paragraph (c) is added to subsection (6)
16 of section 337.11, Florida Statutes, and subsection (16) of
17 that section is amended to read:
18 337.11 Contracting authority of department; bids;
19 emergency repairs, supplemental agreements, and change orders;
20 combined design and construction contracts; progress payments;
21 records; requirements of vehicle registration.--
22 (6)
23 (c) When the department determines that it is in the
24 best interest of the public for reasons of public concern,
25 economy, improved operations or safety, and only when
26 circumstances dictate rapid completion of the work, the
27 department may, up to the threshold amount provided in s.
28 287.017 for CATEGORY FOUR, enter into contracts for
29 construction and maintenance without advertising and receiving
30 competitive bids. However, if legislation is enacted by the
31 Legislature which changes the category thresholds, the
18
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 threshold amount shall remain at $60,000. The department may
2 enter into such contracts only upon a determination that the
3 work is necessary for one of the following reasons:
4 1. To ensure timely completion of projects or
5 avoidance of undue delay for other projects;
6 2. To accomplish minor repairs or construction and
7 maintenance activities for which time is of the essence and
8 for which significant cost savings would occur; or
9 3. To accomplish nonemergency work necessary to ensure
10 avoidance of adverse conditions that affect the safe and
11 efficient flow of traffic.
12
13 The department shall make a good-faith effort to obtain two or
14 more quotes, if available, from qualified contractors before
15 entering into any contract. The department shall give
16 consideration to disadvantaged business enterprise
17 participation. However, when the work exists within the limits
18 of an existing contract, the department shall make a
19 good-faith effort to negotiate and enter into a contract with
20 the prime contractor on the existing contract.
21 (16) The department is authorized to undertake and
22 contract to provide an owner controlled insurance plan (OCIP)
23 on any construction project or group of related construction
24 projects if the head of the department determines that an OCIP
25 will be both cost-effective for the department and otherwise
26 in its best interests. Such OCIP may provide insurance
27 coverage for the department and for worker's compensation and
28 employers liability and general liability and builders risk
29 for contractors and subcontractors, for and in conjunction
30 with any or all work performed on such projects. The
31 department may directly purchase such coverage in the manner
19
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 provided for the purchase of commodities pursuant to s.
2 287.057, or self-insure, or use a combination thereof, any
3 other statutory provisions or limitations on self-insurance or
4 purchase of insurance notwithstanding. The department's
5 authority hereunder includes the purchase of risk management,
6 risk and loss control, safety management, investigative and
7 claims adjustment services, advancement of funds for payment
8 of claims, and other services reasonably necessary to process
9 and pay claims under and administer the OCIP. In addition to
10 any prequalification required under s. 337.14, no contractor
11 shall be prequalified to bid on an OCIP project unless the
12 contractor's casualty and loss experience and safety record
13 meets the minimum requirements for OCIP coverage issuance on
14 the project, were the contractor to be awarded the project.
15 Exercise of the department's authority under this subsection
16 shall not be deemed a waiver of sovereign immunity.
17 Section 19. Paragraph (a) of subsection (1) of section
18 337.16, Florida Statutes, is amended to read:
19 337.16 Disqualification of delinquent contractors from
20 bidding; determination of contractor nonresponsibility;
21 denial, suspension, and revocation of certificates of
22 qualification; grounds; hearing.--
23 (1) A contractor shall not be qualified to bid when an
24 investigation by the department discloses that such contractor
25 is delinquent on a previously awarded contract, and in such
26 case the contractor's certificate of qualification shall be
27 suspended or revoked. Any contractor whose certificate of
28 qualification is suspended or revoked for delinquency shall
29 also be disapproved as a subcontractor during the period of
30 suspension or revocation, except when a prime contractor's bid
31 has used prices of a subcontractor who becomes disqualified
20
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 after the bid and before the request for authorization to
2 sublet is presented.
3 (a) A contractor is delinquent when unsatisfactory
4 progress is being made on a construction project or when the
5 allowed contract time has expired and the contract work is not
6 complete. Unsatisfactory progress shall be determined in
7 accordance with the contract provisions.
8 Section 20. Subsection (2) of section 337.162, Florida
9 Statutes, 1998 Supplement, is amended to read:
10 337.162 Professional services.--Professional services
11 provided to the department that fall below acceptable
12 professional standards may result in transportation project
13 delays, overruns, and reduced facility life. To minimize these
14 effects and ensure that quality services are received, the
15 Legislature hereby declares that licensed professionals shall
16 be held accountable for the quality of the services they
17 provide to the department.
18 (2) Any person who is employed by the department and
19 who is licensed by the Department of Business and Professional
20 Regulation and who, through the course of his or her
21 employment, has knowledge or reason to believe that any person
22 has violated the provisions of state professional licensing
23 laws or rules shall submit a complaint about the violations to
24 the Department of Business and Professional Regulation.
25 Failure to submit a complaint about the violations may be
26 grounds for disciplinary action pursuant to part I of chapter
27 455 and the state licensing law applicable to that licensee.
28 However, licensees under part II of chapter 475 are exempt
29 from the provisions of s. 455.227(1)(i). The complaint
30 submitted to the Department of Business and Professional
31 Regulation and maintained by the department is confidential
21
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 and exempt from s. 119.07(1).
2 Section 21. Subsections (1) and (2) of section 337.18,
3 Florida Statutes, 1998 Supplement, are amended to read:
4 337.18 Surety bonds; requirement with respect to
5 contract award; defaults; damage assessments.--
6 (1) A surety bond shall be required of the successful
7 bidder in an amount equal to the awarded contract price. For a
8 project for which the contract price is $150,000 or less, the
9 department may waive the requirement for all or a portion of a
10 surety bond if it determines the project is of a noncritical
11 nature and nonperformance will not endanger public health,
12 safety, or property. The department may require alternate
13 means of security if a surety bond is waived. The surety on
14 such bond shall be a surety company authorized to do business
15 in the state. All bonds shall be payable to the department
16 Governor and his or her successors in office and conditioned
17 for the prompt, faithful, and efficient performance of the
18 contract according to plans and specifications and within the
19 time period specified, and for the prompt payment of all
20 persons furnishing labor, material, equipment, and supplies
21 therefor; however, whenever an improvement, demolition, or
22 removal contract price is $25,000 or less, the security may,
23 in the discretion of the bidder, be in the form of a cashier's
24 check, bank money order of any state or national bank,
25 certified check, or postal money order.
26 (2) The department shall provide in its contracts for
27 the determination of default on the part of any contractor for
28 cause attributable to such contractor. The department shall
29 have no liability for anticipated profits for unfinished work
30 on a contract which has been determined to be in default.
31 Every contract let by the department for the performance of
22
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 work shall contain a provision for payment to the department
2 by the contractor of liquidated damages due to failure of the
3 contractor to complete the contract work within the time
4 stipulated in the contract or within such additional time as
5 may have been granted by the department. The contractual
6 provision shall include a reasonable estimate of the damages
7 that would be incurred by the department as a result of such
8 failure. The department shall establish a schedule of daily
9 liquidated damage charges, based on original contract amounts,
10 for construction contracts entered into by the department,
11 which schedule shall be incorporated by reference into the
12 contract. The department shall update the schedule of
13 liquidated damages at least once every 2 years, but no more
14 often than once a year. The schedule shall, at a minimum, be
15 based on the average construction, engineering, and inspection
16 costs experienced by the department on contracts over the 2
17 preceding fiscal years. The schedule shall also include
18 anticipated costs of project-related delays and inconveniences
19 to the department and traveling public. Anticipated costs may
20 include, but are not limited to, road user costs, a portion of
21 the projected revenues that will be lost due to failure to
22 timely open a project to revenue-producing traffic, costs
23 resulting from retaining detours for an extended time, and
24 other similar costs. The schedule shall be divided into the
25 following categories, based on the original contract amounts:
26 (a) $50,000 and under;
27 (b) Over $50,000 but less than $250,000;
28 (c) $250,000 or more but less than $500,000;
29 (d) $500,000 or more but less than $2.5 million;
30 (e) $2.5 million or more but less than $5 million;
31 (f) $5 million or more but less than $10 million;
23
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (g) $10 million or more but less than $15 million;
2 (h) $15 million or more but less than $20 million; and
3 (i) $20 million and over.
4
5 Any such liquidated damages paid to the department shall be
6 deposited to the credit of the fund from which payment for the
7 work contracted was authorized.
8 Section 22. Subsections (1), (2), (3), (7), and (8) of
9 section 337.185, Florida Statutes, are amended to read:
10 337.185 State Arbitration Board.--
11 (1) To facilitate the prompt settlement of claims for
12 additional compensation arising out of construction contracts
13 between the department and the various contractors with whom
14 it transacts business, the Legislature does hereby establish
15 the State Arbitration Board, referred to in this section as
16 the "board." For the purpose of this section, "claim" shall
17 mean the aggregate of all outstanding claims by a party
18 arising out of a construction contract. Every contractual
19 claim in an amount up to $250,000 $100,000 per contract or, at
20 the claimant's option, up to $500,000 $250,000 per contract
21 or, upon agreement of the parties, up to $1 million per
22 contract that cannot be resolved by negotiation between the
23 department and the contractor shall be arbitrated by the board
24 after acceptance of the project by the department. As an
25 exception, either party to the dispute may request that the
26 claim be submitted to binding private arbitration. A court of
27 law may not consider the settlement of such a claim until the
28 process established by this section has been exhausted.
29 (2) The board shall be composed of three members. One
30 member shall be appointed by the head of the department, and
31 one member shall be elected by those construction companies
24
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 who are under contract with the department. The third member
2 shall be chosen by agreement of the other two members.
3 Whenever the third member has a conflict of interest regarding
4 affiliation with one of the parties, the other two members
5 shall select an alternate member for that hearing. The head
6 of the department may select an alternative or substitute to
7 serve as the department member for any hearing or term. Each
8 member shall serve a 2-year term. The board shall elect a
9 chair, each term, who shall be the administrator of the board
10 and custodian of its records.
11 (3) A hearing may be requested by the department or by
12 a contractor who has a dispute with the department which,
13 under the rules of the board, may be the subject of
14 arbitration. The board shall conduct the hearing within 45
15 days of the request. The party requesting the board's
16 consideration shall give notice of the hearing to each member.
17 If the board finds that a third party is necessary to resolve
18 the dispute, the board may vote to dismiss the claim, which
19 may thereafter be pursued in accordance with the laws of the
20 state in a court of law.
21 (7) The members member of the board elected by
22 construction companies and the third member of the board may
23 receive compensation for the performance of their duties
24 hereunder, from administrative fees received by the board,
25 except that no employee of the department may receive
26 compensation from the board. The compensation amount shall be
27 determined by the board, but shall not exceed $125 per hour,
28 up to a maximum of $1,000 $750 per day for each member
29 authorized to receive compensation. Nothing in this section
30 shall prevent the member elected by construction companies
31 from being an employee of an association affiliated with the
25
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 industry, even if the sole responsibility of that member is
2 service on the board. Travel expenses for the industry member
3 may be paid by an industry association, if necessary. The
4 board may allocate funds annually for clerical and other
5 administrative services.
6 (8) The party requesting arbitration shall pay a fee
7 to the board in accordance with a schedule established by it,
8 not to exceed $500 per claim which is $25,000 or less, not to
9 exceed $1,000 per claim which is in excess of $25,000 but not
10 exceeding $50,000, not to exceed $1,500 per claim which is in
11 excess of $50,000 but not exceeding $100,000, not to exceed
12 $2,000 per claim which is in excess of $100,000 but not
13 exceeding $200,000, and not to exceed $3,000 $2,500 per claim
14 which is in excess of $200,000 but not exceeding $300,000
15 $250,000, not to exceed $4,000 per claim which is in excess of
16 $300,000 but not exceeding $400,000, and not to exceed $5,000
17 per claim which is in excess of $400,000, to cover the cost of
18 administration and compensation of the board.
19 Section 23. Paragraph (a) of subsection (1) and
20 paragraph (i) of subsection (4) of section 337.25, Florida
21 Statutes, are amended to read:
22 337.25 Acquisition, lease, and disposal of real and
23 personal property.--
24 (1)(a) The department may purchase, lease, exchange,
25 or otherwise acquire any land, property interests, or
26 buildings or other improvements, including personal property
27 within such buildings or on such lands, necessary to secure or
28 utilize transportation rights-of-way for existing, proposed,
29 or anticipated transportation facilities on the State Highway
30 System, on the State Park Road System, in a rail corridor, or
31 in a transportation corridor designated by the department.
26
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Such property shall be held in the name of the state.
2 (4) The department may sell, in the name of the state,
3 any land, building, or other property, real or personal, which
4 was acquired under the provisions of subsection (1) and which
5 the department has determined is not needed for the
6 construction, operation, and maintenance of a transportation
7 facility. With the exception of any parcel governed by
8 paragraph (c), paragraph (d), paragraph (f), paragraph (g), or
9 paragraph (i), the department shall afford first right of
10 refusal to the local government in the jurisdiction of which
11 the parcel is situated. When such a determination has been
12 made, property may be disposed of in the following manner:
13 (i) If property was originally acquired specifically
14 to provide replacement housing for persons displaced by
15 federally assisted transportation projects, the department may
16 negotiate for the sale of such property as replacement
17 housing. As compensation, the state shall receive no less than
18 its investment in such properties or fair market value,
19 whichever is lower. It is expressly intended that this benefit
20 be extended only to those persons actually displaced by such
21 project. Dispositions to any other persons must be for fair
22 market value.
23 Section 24. Subsection (9) is added to section
24 337.251, Florida Statutes, to read:
25 337.251 Lease of property for joint public-private
26 development and areas above or below department property.--
27 (9) Notwithstanding s. 341.327, a fixed-guideway
28 transportation system authorized by the department to be
29 wholly or partially within the department's right-of-way
30 pursuant to a lease granted under this section may operate at
31 any safe speed.
27
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 25. Subsection (1) of section 337.403, Florida
2 Statutes, is amended to read:
3 337.403 Relocation of utility; expenses.--
4 (1) Any utility heretofore or hereafter placed upon,
5 under, over, or along any public road or publicly owned rail
6 corridor that is found by the authority to be unreasonably
7 interfering in any way with the convenient, safe, or
8 continuous use, or the maintenance, improvement, extension, or
9 expansion, of such public road or publicly owned rail corridor
10 shall, upon 30 days' written notice to the utility or its
11 agent by the authority, be removed or relocated by such
12 utility at its own expense except as provided in paragraphs
13 (a), and (b), and (c).
14 (a) If the relocation of utility facilities, as
15 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
16 Pub. L. No. 627 of the 84th Congress, is necessitated by the
17 construction of a project on the federal-aid interstate
18 system, including extensions thereof within urban areas, and
19 the cost of such project is eligible and approved for
20 reimbursement by the Federal Government to the extent of 90
21 percent or more under the Federal Aid Highway Act, or any
22 amendment thereof, then in that event the utility owning or
23 operating such facilities shall relocate such facilities upon
24 order of the department, and the state shall pay the entire
25 expense properly attributable to such relocation after
26 deducting therefrom any increase in the value of the new
27 facility and any salvage value derived from the old facility.
28 (b) When a joint agreement between the department and
29 the utility is executed for utility improvement, relocation,
30 or removal work to be accomplished as part of a contract for
31 construction of a transportation facility, the department may
28
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 participate in those utility improvement, relocation, or
2 removal costs that exceed the department's official estimate
3 of the cost of such work by more than 10 percent. The amount
4 of such participation shall be limited to the difference
5 between the official estimate of all the work in the joint
6 agreement plus 10 percent and the amount awarded for this work
7 in the construction contract for such work. The department may
8 not participate in any utility improvement, relocation, or
9 removal costs that occur as a result of changes or additions
10 during the course of the contract.
11 (c) When an agreement between the department and
12 utility is executed for utility improvement, relocation, or
13 removal work to be accomplished in advance of a contract for
14 construction of a transportation facility, the department may
15 participate in the cost of clearing and grubbing necessary to
16 perform such work.
17 Section 26. Subsection (18) is added to section
18 373.414, Florida Statutes, to read:
19 373.414 Additional criteria for activities in surface
20 waters and wetlands.--
21 (18) MITIGATION STUDIES.--
22 (a) For impacts resulting from activities regulated
23 under part IV of chapter 373, the Legislature finds that
24 successful mitigation performed by the public and private
25 sectors has helped to preserve the state's natural resources.
26 (b) The Office of Program Policy Analysis and
27 Government Accountability shall study the mitigation options
28 as defined by s. 373.414(1)(b), implemented from 1994 to the
29 present, and issue a report by January 31, 2000. The study
30 shall consider the effectiveness and costs of the current
31 mitigation options in offsetting adverse effects to wetlands
29
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 and wetland functions, including the application of cumulative
2 impact considerations, and identify, as appropriate,
3 recommendations for statutory or rule changes to increase the
4 effectiveness of mitigation strategies.
5 Section 27. Paragraph (b) of subsection (2) of section
6 338.223, Florida Statutes, is amended to read:
7 338.223 Proposed turnpike projects.--
8 (2)
9 (b) In accordance with the legislative intent
10 expressed in s. 337.273, and after the requirements of
11 paragraph (1)(c) have been met, the department may acquire
12 lands and property before making a final determination of the
13 economic feasibility of a project. The requirements of
14 paragraph (1)(c) do not apply to hardship and protective
15 purchases of advance right-of-way by the department. The cost
16 of advance acquisition of right-of-way may be paid from bonds
17 issued under s. 337.276 or from turnpike revenues. For
18 purposes of this paragraph, the term "hardship purchase" means
19 purchase from a property owner of a residential dwelling of
20 not more than four units who is at a disadvantage due to
21 health impairment, job loss, or significant loss of rental
22 income. For purposes of this paragraph, the term "protective
23 purchase" means that a purchase to limit development,
24 building, or other intensification of land uses within the
25 area right-of-way is needed for transportation facilities. The
26 department shall give written notice to the Department of
27 Environmental Protection 30 days before final agency
28 acceptance as set forth in s. 119.07(3)(n), which notice shall
29 allow the Department of Environmental Protection to comment.
30 Hardship and protective purchases of right-of-way shall not
31 influence the environmental feasibility of a project,
30
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 including the decision relative to the need to construct the
2 project or the selection of a specific location. Costs to
3 acquire and dispose of property acquired as hardship and
4 protective purchases are considered costs of doing business
5 for the department and are not to be considered in the
6 determination of environmental feasibility for the project.
7 Section 28. Section 338.229, Florida Statutes, is
8 amended to read:
9 338.229 Pledge to bondholders not to restrict certain
10 rights of department.--The state does pledge to, and agree
11 with, the holders of the bonds issued pursuant to ss.
12 338.22-338.241 ss. 338.22-338.244 that the state will not
13 limit or restrict the rights vested in the department to
14 construct, reconstruct, maintain, and operate any turnpike
15 project as defined in ss. 338.22-338.241 ss. 338.22-338.244 or
16 to establish and collect such tolls or other charges as may be
17 convenient or necessary to produce sufficient revenues to meet
18 the expenses of maintenance and operation of the turnpike
19 system and to fulfill the terms of any agreements made with
20 the holders of bonds authorized by this act and that the state
21 will not in any way impair the rights or remedies of the
22 holders of such bonds until the bonds, together with interest
23 on the bonds, are fully paid and discharged. In implementing
24 this section, the department is specifically authorized to
25 provide for further restrictions on the sale, transfer, lease,
26 or other disposition or operation of any portion of the
27 turnpike system which reduces the revenue available for
28 payment to bondholders.
29 Section 29. Subsection (10) of section 338.251,
30 Florida Statutes, 1998 Supplement, is amended to read:
31 338.251 Toll Facilities Revolving Trust Fund.--The
31
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Toll Facilities Revolving Trust Fund is hereby created for the
2 purpose of encouraging the development and enhancing the
3 financial feasibility of revenue-producing road projects
4 undertaken by local governmental entities in a county or
5 combination of contiguous counties.
6 (10) Any repayment of prior or future advances made
7 from the State Transportation Trust Fund which were used to
8 fund any project phase of a toll facility, shall be deposited
9 in the Toll Facilities Revolving Trust Fund. However, when
10 funds advanced to the Seminole County Expressway Authority
11 pursuant to this section are repaid to the Toll Facilities
12 Revolving Trust Fund by or on behalf of the Seminole County
13 Expressway Authority, those funds shall thereupon and
14 forthwith be appropriated for and advanced to the Seminole
15 County Expressway Authority for funding the design of and the
16 advanced right-of-way acquisition for that segment of the
17 Seminole County Expressway extending from U.S. Highway 17/92
18 to Interstate Highway 4. Notwithstanding subsection (6), when
19 funds previously advanced to the Orlando-Orange County
20 Expressway Authority are repaid to the Toll Facilities
21 Revolving Trust Fund by or on behalf of the Orlando-Orange
22 County Expressway Authority, those funds may thereupon and
23 forthwith be appropriated for and advanced to the Seminole
24 County Expressway Authority for funding that segment of the
25 Seminole County Expressway extending from U.S. Highway 17/92
26 to Interstate Highway 4. Any funds advanced to the
27 Tampa-Hillsborough County Expressway Authority pursuant to
28 this section which have been or will be repaid on or after
29 July 1, 1998, to the Toll Facilities Revolving Trust Fund on
30 behalf of the Tampa-Hillsborough County Expressway Authority
31 shall thereupon and forthwith be appropriated for and advanced
32
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 to the Tampa-Hillsborough County Expressway Authority for
2 funding the design of and the advanced right-of-way
3 acquisition for the Brandon area feeder roads, capital
4 improvements to increase capacity to the expressway system,
5 and Lee Roy Selmon Crosstown Expressway System Widening as
6 authorized under s. 348.565.
7 Section 30. Section 339.2816, Florida Statutes, is
8 created to read:
9 339.2816 Small County Road Assistance Program;
10 definitions; program funding; funding eligibility; project
11 contract administration.--
12 (1) There is created within the Department of
13 Transportation the Small County Road Assistance Program. The
14 purpose of this program is to assist small county governments
15 in resurfacing or reconstructing county roads.
16 (3) For the purposes of this section the term "small
17 county" means any county that has a population of 75,000 or
18 less according to 1990 federal census data.
19 (4) Beginning with fiscal year 1999-2000 until fiscal
20 year 2009-2010 up to $25 million annually from the State
21 Transportation Trust Fund may be used for the purposes of
22 funding the Small County Road Assistance Program as described
23 in this section.
24 (5)(a) Small counties shall be eligible to compete for
25 funds that have been designated for the Small County Road
26 Assistance Program for resurfacing or reconstruction projects
27 on county roads that were part of the county road system on
28 June 10, 1995. Capacity improvements on county roads shall not
29 be eligible for funding under the program.
30 (b) In determining a county's eligibility for
31 assistance under this program, the department may consider
33
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 whether the county has attempted to keep county roads in
2 satisfactory condition, including the amount of local option
3 fuel tax and ad valorem millage rate imposed by the county.
4 The department may also consider the extent to which the
5 county has offered to provide a match of local funds with
6 state funds provided under the program. At a minimum, small
7 counties shall be eligible only if:
8 1. The county has enacted the maximum rate of the
9 local option fuel tax authorized by s. 336.025(1)(a), and has
10 imposed an ad valorem millage rate of at least 8 mills, or
11 2. The county has imposed an ad valorem millage rate
12 of 10 mills.
13 (c) The following criteria shall be used to prioritize
14 road projects for funding under the program:
15 1. The primary criterion is the physical condition of
16 the road as measured by the department.
17 2. As secondary criteria the department may consider:
18 a. Whether a road is used as an evacuation route.
19 b. Whether a road has high levels of agricultural
20 travel.
21 c. Whether a road is considered a major arterial
22 route.
23 d. Whether a road is considered a feeder road.
24 e. Other criteria related to the impact of a project
25 on the public road system or on the state or local economy as
26 determined by the department.
27 (6) The department is authorized to administer
28 contracts on behalf of a county selected to receive funding
29 for a project under this section. All projects funded under
30 this section shall be included in the department's work
31 program developed pursuant to s. 339.135.
34
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 31. Present paragraph (i) of subsection (2) of
2 section 339.08, Florida Statutes, is redesignated as paragraph
3 (j) and a new paragraph (i) is added to that subsection to
4 read:
5 339.08 Use of moneys in State Transportation Trust
6 Fund.--
7 (2) These rules must restrict the use of such moneys
8 to the following purposes:
9 (i) To pay the cost of county road projects selected
10 in accordance with the Small County Road Assistance Program
11 created in s. 339.2816.
12 Section 32. Section 339.155, Florida Statutes, is
13 amended to read:
14 339.155 Transportation planning.--
15 (1) THE FLORIDA TRANSPORTATION PLAN.--The department
16 shall develop and annually update a statewide transportation
17 plan, to be known as the Florida Transportation Plan. The
18 plan shall be designed so as to be easily read and understood
19 by the general public.
20 (1) PURPOSE.--The purpose of the Florida
21 Transportation Plan is to establish and define the state's
22 long-range transportation goals and objectives of the
23 department to be accomplished over a period of at least 20
24 years within the context of the State Comprehensive Plan and
25 any other statutory mandates and authorizations. The Florida
26 Transportation Plan shall consider the needs of the entire
27 state transportation system and examine the use of all modes
28 of transportation to effectively and efficiently meet such
29 needs given to the department. The plan shall define the
30 relationship between the long-range goals and the short-range
31 objectives, and specify those objectives against which the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 department's achievement of such goals will be measured. The
2 plan shall provide a policy framework within which the
3 department's legislative budget request, the strategic
4 information resource management plan, and the work program are
5 developed.
6 (2) SCOPE OF PLANNING PROCESS DEVELOPMENT CRITERIA.--
7 (a) The Florida Transportation Plan shall consider the
8 needs of the entire state transportation system, examine the
9 use of all modes of transportation to effectively and
10 efficiently meet such needs, and provide for the
11 interconnection of all types of modes in a comprehensive
12 intermodal transportation system. In developing the Florida
13 Transportation Plan, the department shall carry out a
14 transportation planning process that provides for
15 consideration of projects and strategies that will consider
16 the following:
17 1. Support the economic vitality of the United States,
18 Florida, and the metropolitan areas, especially by enabling
19 global competitiveness, productivity, and efficiency;
20 2. Increase the safety and security of the
21 transportation system for motorized and nonmotorized users;
22 3. Increase the accessibility and mobility options
23 available to people and for freight;
24 4. Protect and enhance the environment, promote energy
25 conservation, and improve quality of life;
26 5. Enhance the integration and connectivity of the
27 transportation system, across and between modes throughout
28 Florida, for people and freight;
29 6. Promote efficient system management and operation;
30 and
31 7. Emphasize the preservation of the existing
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transportation system.
2 (b) Additionally, the department shall consider:
3 1. With respect to nonmetropolitan areas, the concerns
4 of local elected officials representing units of general
5 purpose local government;
6 2. The concerns of Indian tribal governments and
7 federal land management agencies that have jurisdiction over
8 land within the boundaries of Florida; and
9 3. Coordination of transportation plans, programs, and
10 planning activities with related planning activities being
11 carried out outside of metropolitan planning areas.
12 (c)(a) The results of the management systems required
13 pursuant to federal laws and regulations.
14 (d)(b) Any federal, state, or local energy use goals,
15 objectives, programs, or requirements.
16 (e)(c) Strategies for incorporating bicycle
17 transportation facilities and pedestrian walkways in projects
18 where appropriate throughout the state.
19 (f)(d) International border crossings and access to
20 ports, airports, intermodal transportation facilities, major
21 freight distribution routes, national parks, recreation and
22 scenic areas, monuments and historic sites, and military
23 installations.
24 (g)(e) The transportation needs of nonmetropolitan
25 areas through a process that includes consultation with local
26 elected officials with jurisdiction over transportation.
27 (h)(f) Consistency of the plan, to the maximum extent
28 feasible, with strategic regional policy plans, metropolitan
29 planning organization plans, and approved local government
30 comprehensive plans so as to contribute to the management of
31 orderly and coordinated community development.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (i)(g) Connectivity between metropolitan areas within
2 the state and with metropolitan areas in other states.
3 (j)(h) Recreational travel and tourism.
4 (k)(i) Any state plan developed pursuant to the
5 Federal Water Pollution Control Act.
6 (l)(j) Transportation system management and investment
7 strategies designed to make the most efficient use of existing
8 transportation facilities.
9 (m)(k) The total social, economic, energy, and
10 environmental effects of transportation decisions on the
11 community and region.
12 (n)(l) Methods to manage traffic congestion and to
13 prevent traffic congestion from developing in areas where it
14 does not yet occur, including methods which reduce motor
15 vehicle travel, particularly single-occupant vehicle travel.
16 (o)(m) Methods to expand and enhance transit services
17 and to increase the use of such services.
18 (p)(n) The effect of transportation decisions on land
19 use and land development, including the need for consistency
20 between transportation decisionmaking and the provisions of
21 all applicable short-range and long-range land use and
22 development plans.
23 (q)(o) Where appropriate, the use of innovative
24 mechanisms for financing projects, including value capture
25 pricing, tolls, and congestion pricing.
26 (r)(p) Preservation and management of rights-of-way
27 for construction of future transportation projects, including
28 identification of unused rights-of-way which may be needed for
29 future transportation corridors, and identification of those
30 corridors for which action is most needed to prevent
31 destruction or loss.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (s)(q) Future, as well as existing, needs of the state
2 transportation system.
3 (t)(r) Methods to enhance the efficient movement of
4 commercial motor vehicles.
5 (u)(s) The use of life-cycle costs in the design and
6 engineering of bridges, tunnels, or pavement.
7 (v)(t) Investment strategies to improve adjoining
8 state and local roads that support rural economic growth and
9 tourism development, federal agency renewable resources
10 management, and multipurpose land management practices,
11 including recreation development.
12 (w)(u) The concerns of Indian tribal governments
13 having jurisdiction over lands within the boundaries of the
14 state.
15 (x)(v) A seaport or airport master plan, which has
16 been incorporated into an approved local government
17 comprehensive plan, and the linkage of transportation modes
18 described in such plan which are needed to provide for the
19 movement of goods and passengers between the seaport or
20 airport and the other transportation facilities.
21 (y)(w) The joint use of transportation corridors and
22 major transportation facilities for alternate transportation
23 and community uses.
24 (z)(x) The integration of any proposed system into all
25 other types of transportation facilities in the community.
26 (3) FORMAT, SCHEDULE, AND REVIEW.--The Florida
27 Transportation Plan shall be a unified, concise planning
28 document that clearly defines the state's long-range
29 transportation goals and objectives and documents the
30 department's short-range objectives developed to further such
31 goals and objectives. The plan shall include a glossary that
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 clearly and succinctly defines any and all phrases, words, or
2 terms of art included in the plan, with which the general
3 public may be unfamiliar and shall consist of, at a minimum,
4 the following components:
5 (a) A long-range component documenting the goals and
6 long-term objectives necessary to implement the results of the
7 department's findings from its examination of the criteria
8 listed in subsection (2). The long-range component must be
9 developed in cooperation with the metropolitan planning
10 organizations and reconciled, to the maximum extent feasible,
11 with the long-range plans developed by metropolitan planning
12 organizations pursuant to s. 339.175. The plan must also be
13 developed in consultation with affected local officials in
14 nonmetropolitan areas and with any affected Indian tribal
15 governments. The plan must provide an examination of
16 transportation issues likely to arise during at least a
17 20-year period. The long-range component shall be updated at
18 least once every 5 years, or more often as necessary, to
19 reflect substantive changes to federal or state law.
20 (b) A short-range component documenting the short-term
21 objectives and strategies necessary to implement the goals and
22 long-term objectives contained in the long-range component.
23 The short-range component must define the relationship between
24 the long-range goals and the short-range objectives, specify
25 those objectives against which the department's achievement of
26 such goals will be measured, and identify transportation
27 strategies necessary to efficiently achieve the goals and
28 objectives in the plan. It must provide a policy framework
29 within which the department's legislative budget request, the
30 strategic information resource management plan, and the work
31 program are developed. The short-range component shall serve
40
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 as the department's annual agency strategic plan pursuant to
2 s. 186.021. The short-range component shall be developed
3 consistent with the requirements of s. 186.022 and consistent
4 with available and forecasted state and federal funds. In
5 addition to those entities listed in s. 186.022, the
6 short-range component shall also be submitted to the Florida
7 Transportation Commission.
8 (4) ANNUAL PERFORMANCE REPORT.--The department shall
9 develop an annual performance report evaluating the operation
10 of the department for the preceding fiscal year. The report,
11 which shall meet the requirements of s. 186.022, shall also
12 include a summary of the financial operations of the
13 department and shall annually evaluate how well the adopted
14 work program meets the short-term objectives contained in the
15 short-range component of the Florida Transportation Plan. In
16 addition to the entities listed in s. 186.022, this
17 performance report shall also be submitted to the Florida
18 Transportation Commission and the legislative appropriations
19 and transportation committees.
20 (5) ADDITIONAL TRANSPORTATION PLANS.--
21 (a) Upon request by local governmental entities, the
22 department may in its discretion develop and design
23 transportation corridors, arterial and collector streets,
24 vehicular parking areas, and other support facilities which
25 are consistent with the plans of the department for major
26 transportation facilities. The department may render to local
27 governmental entities or their planning agencies such
28 technical assistance and services as are necessary so that
29 local plans and facilities are coordinated with the plans and
30 facilities of the department.
31 (b) Each regional planning council, as provided for in
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 s. 186.504, or any successor agency thereto, shall develop, as
2 an element of its strategic regional policy plan,
3 transportation goals and policies. The transportation goals
4 and policies shall be consistent, to the maximum extent
5 feasible, with the goals and policies of the metropolitan
6 planning organization and the Florida Transportation Plan.
7 The transportation goals and policies of the regional planning
8 council will be advisory only and shall be submitted to the
9 department and any affected metropolitan planning organization
10 for their consideration and comments. Metropolitan planning
11 organization plans and other local transportation plans shall
12 be developed consistent, to the maximum extent feasible, with
13 the regional transportation goals and policies. The regional
14 planning council shall review urbanized area transportation
15 plans and any other planning products stipulated in s. 339.175
16 and provide the department and respective metropolitan
17 planning organizations with written recommendations which the
18 department and the metropolitan planning organizations shall
19 take under advisement. Further, the regional planning
20 councils shall directly assist local governments which are not
21 part of a metropolitan area transportation planning process in
22 the development of the transportation element of their
23 comprehensive plans as required by s. 163.3177.
24 (6) PROCEDURES FOR PUBLIC PARTICIPATION IN
25 TRANSPORTATION PLANNING.--
26 (a) During the development of the long-range component
27 of the Florida Transportation Plan and prior to substantive
28 revisions, and prior to adoption of all subsequent amendments,
29 the department shall provide citizens, affected public
30 agencies, representatives of transportation agency employees,
31 other affected employee representatives, private providers of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transportation, and other known interested parties with an
2 opportunity to comment on the proposed plan or revisions
3 amendments. These opportunities This hearing shall include
4 presentation and discussion of the factors listed in
5 subsection (2) and shall include, at a minimum, publishing a
6 notice in the Florida Administrative Weekly and within a
7 newspaper of general circulation within the area of each
8 department district office. These notices shall be published
9 twice prior to the day of the hearing, with the first notice
10 appearing at least 14 days prior to the hearing.
11 (b) During development of major transportation
12 improvements, such as those increasing the capacity of a
13 facility through the addition of new lanes or providing new
14 access to a limited or controlled access facility or
15 construction of a facility in a new location, the department
16 shall hold one or more hearings prior to the selection of the
17 facility to be provided; prior to the selection of the site or
18 corridor of the proposed facility; and prior to the selection
19 of and commitment to a specific design proposal for the
20 proposed facility. Such public hearings shall be conducted so
21 as to provide an opportunity for effective participation by
22 interested persons in the process of transportation planning
23 and site and route selection and in the specific location and
24 design of transportation facilities. The various factors
25 involved in the decision or decisions and any alternative
26 proposals shall be clearly presented so that the persons
27 attending the hearing may present their views relating to the
28 decision or decisions which will be made.
29 (c) Opportunity for design hearings:
30 1. The department, prior to holding a design hearing,
31 shall duly notice all affected property owners of record, as
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 recorded in the property appraiser's office, by mail at least
2 20 days prior to the date set for the hearing. The affected
3 property owners shall be:
4 a. Those whose property lies in whole or in part
5 within 300 feet on either side of the centerline of the
6 proposed facility.
7 b. Those who the department determines will be
8 substantially affected environmentally, economically,
9 socially, or safetywise.
10 2. For each subsequent hearing, the department shall
11 daily publish notice at least 14 days immediately prior to the
12 hearing date in a newspaper of general circulation for the
13 area affected.
14 3. A copy of the notice of opportunity for the hearing
15 shall be furnished to the United States Department of
16 Transportation and to the appropriate departments of the state
17 government at the time of publication.
18 4. The opportunity for another hearing shall be
19 afforded in any case when proposed locations or designs are so
20 changed from those presented in the notices specified above or
21 at a hearing as to have a substantially different social,
22 economic, or environmental effect.
23 5. The opportunity for a hearing shall be afforded in
24 each case in which the department is in doubt as to whether a
25 hearing is required.
26 Section 33. Section 339.175, Florida Statutes, is
27 amended to read:
28 339.175 Metropolitan planning organization.--It is the
29 intent of the Legislature to encourage and promote the safe
30 and efficient management, operation, and development of
31 surface transportation systems embracing various modes of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transportation in a manner that will serve maximize the
2 mobility needs of people and freight goods within and through
3 urbanized areas of this state while minimizing and minimize,
4 to the maximum extent feasible, and together with applicable
5 regulatory government agencies, transportation-related fuel
6 consumption and air pollution. To accomplish these
7 objectives, metropolitan planning organizations, referred to
8 in this section as M.P.O.'s, shall develop, in cooperation
9 with the state and public transit operators, transportation
10 plans and programs for metropolitan areas. The plans and
11 programs for each metropolitan area must provide for the
12 development and integrated management and operation of
13 transportation systems and facilities, including pedestrian
14 walkways and bicycle transportation facilities that will
15 function as an intermodal transportation system for the
16 metropolitan area Such plans and programs must provide for the
17 development of transportation facilities that will function as
18 an intermodal transportation system for the metropolitan area.
19 The process for developing such plans and programs shall
20 provide for consideration of all modes of transportation and
21 shall be continuing, cooperative, and comprehensive, to the
22 degree appropriate, based on the complexity of the
23 transportation problems to be addressed.
24 (1) DESIGNATION.--
25 (a)1. An M.P.O. shall be designated for each urbanized
26 area of the state. Such designation shall be accomplished by
27 agreement between the Governor and units of general-purpose
28 local government representing at least 75 percent of the
29 population of the urbanized area; however, the unit of
30 general-purpose local government that represents the central
31 city or cities within the M.P.O. jurisdiction, as defined by
45
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the United States Bureau of the Census, must be a party to
2 such agreement.
3 2. More than one M.P.O. may be designated within an
4 existing metropolitan planning area urbanized area only if the
5 Governor and the existing M.P.O. determine determines that the
6 size and complexity of the existing metropolitan planning area
7 makes justifies the designation of more than one M.P.O. for
8 the area appropriate multiple M.P.O.'s.
9 (b) Each M.P.O. shall be created and operated under
10 the provisions of this section pursuant to an interlocal
11 agreement entered into pursuant to s. 163.01. The signatories
12 to the interlocal agreement shall be the department and the
13 governmental entities designated by the Governor for
14 membership on the M.P.O. If there is a conflict between this
15 section and s. 163.01, this section prevails.
16 (c) The jurisdictional boundaries of an M.P.O. shall
17 be determined by agreement between the Governor and the
18 applicable M.P.O. The boundaries must include at least the
19 metropolitan planning area, which is the existing urbanized
20 area and the contiguous area expected to become urbanized
21 within a 20-year forecast period, at a minimum, the
22 metropolitan area and may encompass include the entire
23 metropolitan statistical area or the consolidated metropolitan
24 statistical area.
25 (d) In the case of an urbanized area designated as a
26 nonattainment area for ozone or carbon monoxide under the
27 Clean Air Act 42 U.S.C. s. 7401 et seq., the boundaries of the
28 metropolitan planning area in existence as of the date of
29 enactment of this paragraph shall be retained, except that the
30 boundaries may be adjusted by agreement of the Governor and
31 affected metropolitan planning organizations in the manner
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 described in this section. If more than one M.P.O. has
2 authority within a metropolitan area or an area that is
3 designated as a nonattainment area, each M.P.O. shall consult
4 with other M.P.O.'s designated for such area and with the
5 state in the coordination of plans and programs required by
6 this section.
7
8 Each M.P.O. required under this section must be fully
9 operative no later than 6 months following its designation.
10 (2) VOTING MEMBERSHIP.--
11 (a) The voting membership of an M.P.O. shall consist
12 of not fewer than 5 or more than 19 apportioned members, the
13 exact number to be determined on an equitable
14 geographic-population ratio basis by the Governor, based on an
15 agreement among the affected units of general-purpose local
16 government as required by federal rules and regulations. The
17 Governor, in accordance with 23 U.S.C. s. 134, as amended by
18 the Intermodal Surface Transportation Efficiency Act of 1991,
19 may also provide for M.P.O. members who represent
20 municipalities to alternate with representatives from other
21 municipalities within the metropolitan planning designated
22 urban area that do not have members on the M.P.O. County
23 commission members shall compose not less than one-third of
24 the M.P.O. membership, except for an M.P.O. with more than 15
25 members located in a county with a five-member county
26 commission or an M.P.O. with 19 members located in a county
27 with no more than 6 county commissioners, in which case county
28 commission members may compose less than one-third percent of
29 the M.P.O. membership, but all county commissioners must be
30 members. All voting members shall be elected officials of
31 general-purpose governments, except that an M.P.O. may
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 include, as part of its apportioned voting members, a member
2 of a statutorily authorized planning board or an official of
3 an agency that operates or administers a major mode of
4 transportation. In metropolitan areas in which authorities or
5 other agencies have been, or may be, created by law to perform
6 transportation functions that are not under the jurisdiction
7 of a general-purpose local government represented on the
8 M.P.O., they shall be provided voting membership on the M.P.O.
9 The county commission shall compose not less than 20 percent
10 of the M.P.O. membership if an official of an agency that
11 operates or administers a major mode of transportation has
12 been appointed to an M.P.O.
13 (b) In metropolitan areas in which authorities or
14 other agencies have been or may be created by law to perform
15 transportation functions that are not under the jurisdiction
16 of a general purpose local government represented on the
17 M.P.O., they shall be provided voting membership on the M.P.O.
18 In all other M.P.O.'s where transportation authorities or
19 agencies are to be represented by elected officials from
20 general purpose local governments, the M.P.O. shall establish
21 a process by which the collective interests of such
22 authorities or other agencies are expressed and conveyed.
23 (c) Any other provision of this section to the contrary
24 notwithstanding, a chartered county with over 1 million
25 population may elect to reapportion the membership of an
26 M.P.O. whose jurisdiction is wholly within the county. The
27 charter county may exercise the provisions of this paragraph
28 if:
29 1. The M.P.O. approves the reapportionment plan by a
30 3/4 vote of its membership;
31 2. The M.P.O. and the charter county determine that
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the reapportionment plan is needed to fulfill specific goals
2 and policies applicable to that metropolitan planning area;
3 and
4 3. The charter county determines the reapportionment
5 plan otherwise complies with all federal requirements
6 pertaining to M.P.O. membership.
7
8 Any charter county that elects to exercise the provisions of
9 this paragraph shall notify the Governor in writing.
10 (d)(b) Any other provision of this section to the
11 contrary notwithstanding, any county chartered under s. 6(e),
12 Art. VIII of the State Constitution may elect to have its
13 county commission serve as the M.P.O., if the M.P.O.
14 jurisdiction is wholly contained within the county. Any
15 charter county that elects to exercise the provisions of this
16 paragraph shall so notify the Governor in writing. Upon
17 receipt of such notification, the Governor must designate the
18 county commission as the M.P.O. The Governor must appoint
19 four additional voting members to the M.P.O., one of whom must
20 be an elected official representing a municipality within the
21 county, one of whom must be an expressway authority member,
22 one of whom must be a person who does not hold elected public
23 office and who resides in the unincorporated portion of the
24 county, and one of whom must be a school board member.
25 (3) APPORTIONMENT.--
26 (a) The Governor shall, with the agreement of the
27 affected units of general-purpose local government as required
28 by federal rules and regulations, apportion the membership on
29 the applicable M.P.O. among the various governmental entities
30 within the area and shall prescribe a method for appointing
31 alternate members who may vote at any M.P.O. meeting that an
49
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 alternate member attends in place of a regular member. An
2 appointed alternate member must be an elected official serving
3 the same governmental entity or a general-purpose local
4 government with jurisdiction within all or part of the area
5 that the regular member serves. The governmental entity so
6 designated shall appoint the appropriate number of members to
7 the M.P.O. from eligible officials. Representatives of the
8 department shall serve as nonvoting members of the M.P.O.
9 Nonvoting advisers may be appointed by the M.P.O. as deemed
10 necessary. The Governor shall review the composition of the
11 M.P.O. membership in conjunction with the decennial census as
12 prepared by the United States Department of Commerce, Bureau
13 of Census at least every 5 years and reapportion it as
14 necessary to comply with subsection (2).
15 (b) Except for members who represent municipalities on
16 the basis of alternating with representatives from other
17 municipalities that do not have members on the M.P.O. as
18 provided in paragraph (2)(a), the members of an M.P.O. shall
19 serve 4-year terms. Members who represent municipalities on
20 the basis of alternating with representatives from other
21 municipalities that do not have members on the M.P.O. as
22 provided in paragraph (2)(a) may serve terms of up to 4 years
23 as further provided in the interlocal agreement described in
24 paragraph (1)(b). The membership of a member who is a public
25 official automatically terminates upon the member's leaving
26 his or her elective or appointive office for any reason, or
27 may be terminated by a majority vote of the total membership
28 of a county or city governing entity represented by the
29 member. A vacancy shall be filled by the original appointing
30 entity. A member may be reappointed for one or more
31 additional 4-year terms.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (c) If a governmental entity fails to fill an assigned
2 appointment to an M.P.O. within 60 days after notification by
3 the Governor of its duty to appoint, that appointment shall be
4 made by the Governor from the eligible representatives of that
5 governmental entity.
6 (4) AUTHORITY AND RESPONSIBILITY.--The authority and
7 responsibility of an M.P.O. is to manage a continuing,
8 cooperative, and comprehensive transportation planning process
9 that results in the development of plans and programs which
10 are consistent, to the maximum extent feasible, with the
11 approved local government comprehensive plans of the units of
12 local government the boundaries of which are within the
13 metropolitan area of the M.P.O. An M.P.O. shall be the forum
14 for cooperative decisionmaking by officials of the affected
15 governmental entities in the development of the plans and
16 programs required by subsections (5), (6), (7), and (8).
17 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
18 privileges, and authority of an M.P.O. are those specified in
19 this section or incorporated in an interlocal agreement
20 authorized under s. 163.01. Each M.P.O. shall perform all
21 acts required by federal or state laws or rules, now and
22 subsequently applicable, which are necessary to qualify for
23 federal aid. It is the intent of this section that each M.P.O.
24 shall be involved in the planning and programming of
25 transportation facilities, including, but not limited to,
26 airports, intercity and high-speed rail lines, seaports, and
27 intermodal facilities, to the extent permitted by state or
28 federal law.
29 (a) Each M.P.O. shall, in cooperation with the
30 department, develop:
31 1. A long-range transportation plan pursuant to the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 requirements of subsection (6);
2 2. An annually updated transportation improvement
3 program pursuant to the requirements of subsection (7); and
4 3. An annual unified planning work program pursuant to
5 the requirements of subsection (8).
6 (b) In developing the long-range transportation plan
7 and the transportation improvement program required under
8 paragraph (a), each M.P.O. shall provide for consideration of
9 projects and strategies that will must, at a minimum,
10 consider:
11 1. Support the economic vitality of the metropolitan
12 area, especially by enabling global competitiveness,
13 productivity, and efficiency;
14 2. Increase the safety and security of the
15 transportation system for motorized and nonmotorized users;
16 3. Increase the accessibility and mobility options
17 available to people and for freight;
18 4. Protect and enhance the environment, promote energy
19 conservation, and improve quality of life;
20 5. Enhance the integration and connectivity of the
21 transportation system, across and between modes, for people
22 and freight;
23 6. Promote efficient system management and operation;
24 and
25 7. Emphasize the preservation of the existing
26 transportation system.
27 1. The preservation of existing transportation
28 facilities and, where practical, ways to meet transportation
29 needs by using existing facilities more efficiently;
30 2. The consistency of transportation planning with
31 applicable federal, state, and local energy conservation
52
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 programs, goals, and objectives;
2 3. The need to relieve congestion and prevent
3 congestion from occurring where it does not yet occur;
4 4. The likely effect of transportation policy
5 decisions on land use and development and the consistency of
6 transportation plans and programs with all applicable
7 short-term and long-term land use and development plans;
8 5. The programming of transportation enhancement
9 activities as required by federal law;
10 6. The effect of all transportation projects to be
11 undertaken in the metropolitan area, without regard to whether
12 such projects are publicly funded;
13 7. The provision of access to seaports, airports,
14 intermodal transportation facilities, major freight
15 distribution routes, national and state parks, recreation
16 areas, monuments and historic sites, and military
17 installations;
18 8. The need for roads within the metropolitan area to
19 efficiently connect with roads outside the metropolitan area;
20 9. The transportation needs identified through the use
21 of transportation management systems required by federal or
22 state law;
23 10. The preservation of rights-of-way for construction
24 of future transportation projects, including the
25 identification of unused rights-of-way that may be needed for
26 future transportation corridors and the identification of
27 corridors for which action is most needed to prevent
28 destruction or loss;
29 11. Any available methods to enhance the efficient
30 movement of freight;
31 12. The use of life-cycle costs in the design and
53
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 engineering of bridges, tunnels, or pavement;
2 13. The overall social, economic, energy, and
3 environmental effects of transportation decisions;
4 14. Any available methods to expand or enhance transit
5 services and increase the use of such services; and
6 15. The possible allocation of capital investments to
7 increase security for transit systems.
8 (c) In order to provide recommendations to the
9 department and local governmental entities regarding
10 transportation plans and programs, each M.P.O. shall:
11 1. Prepare a congestion management system for the
12 metropolitan area and cooperate with the department in the
13 development of all other transportation management systems
14 required by state or federal law;
15 2. Assist the department in mapping transportation
16 planning boundaries required by state or federal law;
17 3. Assist the department in performing its duties
18 relating to access management, functional classification of
19 roads, and data collection;
20 4. Execute all agreements or certifications necessary
21 to comply with applicable state or federal law;
22 5. Represent all the jurisdictional areas within the
23 metropolitan area in the formulation of transportation plans
24 and programs required by this section; and
25 6. Perform all other duties required by state or
26 federal law.
27 (d) Each M.P.O. shall appoint a technical advisory
28 committee that includes planners; engineers; representatives
29 of local aviation authorities, port authorities, and public
30 transit authorities or representatives of aviation
31 departments, seaport departments, and public transit
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 departments of municipal or county governments, as applicable;
2 the school superintendent of each county within the
3 jurisdiction of the M.P.O. or the superintendent's designee;
4 and other appropriate representatives of affected local
5 governments. In addition to any other duties assigned to it by
6 the M.P.O. or by state or federal law, the technical advisory
7 committee is responsible for identifying projects contained in
8 the long-range transportation plan or transportation
9 improvement program which deserve to be classified as a school
10 safety concern. Upon receipt of the recommendation from the
11 technical advisory committee that a project should be so
12 classified, the M.P.O. must vote on whether to classify a
13 particular project as a school safety concern. If the M.P.O.
14 votes that a project should be classified as a school safety
15 concern, the local governmental entity responsible for the
16 project must consider at least two alternatives before making
17 a decision about project location or alignment.
18 (e)1. Each M.P.O. shall appoint a citizens' advisory
19 committee, the members of which serve at the pleasure of the
20 M.P.O. The membership on the citizens' advisory committee must
21 reflect a broad cross section of local residents with an
22 interest in the development of an efficient, safe, and
23 cost-effective transportation system. Minorities, the elderly,
24 and the handicapped must be adequately represented.
25 2. Notwithstanding the provisions of subparagraph 1.,
26 an M.P.O. may, with the approval of the department and the
27 applicable federal governmental agency, adopt an alternative
28 program or mechanism to ensure citizen involvement in the
29 transportation planning process.
30 (f) The department shall allocate to each M.P.O., for
31 the purpose of accomplishing its transportation planning and
55
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 programming duties, an appropriate amount of federal
2 transportation planning funds.
3 (g) Each M.P.O. may employ personnel or may enter into
4 contracts with local or state agencies, private planning
5 firms, or private engineering firms to accomplish its
6 transportation planning and programming duties required by
7 state or federal law.
8 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
9 develop a long-range transportation plan that addresses at
10 least a 20-year planning horizon. The plan must include both
11 long-range and short-range strategies and must comply with all
12 other state and federal requirements. The long-range
13 transportation plan must be consistent, to the maximum extent
14 feasible, with future land use elements and the goals,
15 objectives, and policies of the approved local government
16 comprehensive plans of the units of local government located
17 within the jurisdiction of the M.P.O. The approved long-range
18 transportation plan must be considered by local governments in
19 the development of the transportation elements in local
20 government comprehensive plans and any amendments thereto. The
21 long-range transportation plan must, at a minimum:
22 (a) Identify transportation facilities, including, but
23 not limited to, major roadways, airports, seaports, commuter
24 rail systems, transit systems, and intermodal or multimodal
25 terminals that will function as an integrated metropolitan
26 transportation system. The long-range transportation plan
27 must give emphasis to those transportation facilities that
28 serve national, statewide, or regional functions, and must
29 consider the goals and objectives identified in the Florida
30 Transportation Plan as provided in s. 339.155. If a project is
31 located within the boundaries of more than one M.P.O., the
56
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 M.P.O.'s must coordinate plans regarding the project in the
2 long-range transportation plan.
3 (b) Include a financial plan that demonstrates how the
4 plan can be implemented, indicating resources from public and
5 private sources which are reasonably expected to be available
6 to carry out the plan, and recommends any additional financing
7 strategies for needed projects and programs. The financial
8 plan may include, for illustrative purposes, additional
9 projects that would be included in the adopted long-range
10 transportation plan if reasonable additional resources beyond
11 those identified in the financial plan were available. For the
12 purpose of developing the long-range transportation plan, the
13 M.P.O. and the department shall cooperatively develop
14 estimates of funds that will be available to support the plan
15 implementation. Innovative financing techniques that may be
16 used to fund needed projects and programs. Such techniques
17 may include the assessment of tolls, the use of value capture
18 financing, or the use of value congestion pricing.
19 (c) Assess capital investment and other measures
20 necessary to:
21 1. Ensure the preservation of the existing
22 metropolitan transportation system including requirements for
23 the operation, resurfacing, restoration, and rehabilitation of
24 major roadways and requirements for the operation,
25 maintenance, modernization, and rehabilitation of public
26 transportation facilities; and
27 2. Make the most efficient use of existing
28 transportation facilities to relieve vehicular congestion and
29 maximize the mobility of people and goods.
30 (d) Indicate, as appropriate, proposed transportation
31 enhancement activities, including, but not limited to,
57
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 pedestrian and bicycle facilities, scenic easements,
2 landscaping, historic preservation, mitigation of water
3 pollution due to highway runoff, and control of outdoor
4 advertising.
5 (e) In addition to the requirements of paragraphs
6 (a)-(d), in metropolitan areas that are classified as
7 nonattainment areas for ozone or carbon monoxide, the M.P.O.
8 must coordinate the development of the long-range
9 transportation plan with the State Implementation Plan
10 developed pursuant to the requirements of the federal Clean
11 Air Act.
12
13 In the development of its long-range transportation plan, each
14 M.P.O. must provide the public, affected public agencies,
15 representatives of transportation agency employees, freight
16 shippers, providers of freight transportation services,
17 private providers of transportation, representatives of users
18 of public transit, and other interested parties, and members
19 of the general public with a reasonable opportunity to comment
20 on the long-range transportation plan. The long-range
21 transportation plan must be approved by the M.P.O.
22 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
23 shall, in cooperation with the state and affected public
24 transportation operators, develop a transportation improvement
25 program for the area within the jurisdiction of the M.P.O. In
26 the development of the transportation improvement program,
27 each M.P.O. must provide the public, affected public transit
28 agencies, representatives of transportation agency employees,
29 freight shippers, providers of freight transportation
30 services, private providers of transportation, representatives
31 of users of public transit, and other interested parties, and
58
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 members of the general public with a reasonable opportunity to
2 comment on the proposed transportation improvement program.
3 (a) Each M.P.O. is responsible for developing,
4 annually, a list of project priorities and a transportation
5 improvement program. The transportation improvement program
6 will be used to initiate federally aided transportation
7 facilities and improvements as well as other transportation
8 facilities and improvements including transit, rail, aviation,
9 and port facilities to be funded from the State Transportation
10 Trust Fund within its metropolitan area in accordance with
11 existing and subsequent federal and state laws and rules and
12 regulations related thereto. The transportation improvement
13 program shall be consistent, to the maximum extent feasible,
14 with the approved local government comprehensive plans of the
15 units of local government whose boundaries are within the
16 metropolitan area of the M.P.O.
17 (b) Each M.P.O. annually shall prepare a list of
18 project priorities and shall submit the list to the
19 appropriate district of the department by October 1 of each
20 year; however, the department and a metropolitan planning
21 organization may, in writing, agree to vary this submittal
22 date. The list of project priorities must be formally reviewed
23 by the technical and citizens' advisory committees, and
24 approved by the M.P.O., before it is transmitted to the
25 district. The approved list of project priorities must be used
26 by the district in developing the district work program and
27 must be used by the M.P.O. in developing its transportation
28 improvement program. The annual list of project priorities
29 must be based upon project selection criteria that, at a
30 minimum, consider the following:
31 1. The approved M.P.O. long-range transportation plan;
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 2. The results of the transportation management
2 systems; and
3 3. The M.P.O.'s public-involvement procedures.
4 (c) The transportation improvement program must, at a
5 minimum:
6 1. Include projects and project phases to be funded
7 with state or federal funds within the time period of the
8 transportation improvement program and which are recommended
9 for advancement during the next fiscal year and 4 subsequent
10 fiscal years. Such projects and project phases must be
11 consistent, to the maximum extent feasible, with the approved
12 local government comprehensive plans of the units of local
13 government located within the jurisdiction of the M.P.O. For
14 informational purposes, the transportation improvement program
15 shall also include a list of projects to be funded from local
16 or private revenues.
17 2. Include projects within the metropolitan area which
18 are proposed for funding under 23 U.S.C. s. 134 of the Federal
19 Transit Act and which are consistent with the long-range
20 transportation plan developed under subsection (6).
21 3. Provide a financial plan that demonstrates how the
22 transportation improvement program can be implemented;
23 indicates the resources, both public and private, that are
24 reasonably expected to be available to accomplish the program;
25 identifies and recommends any innovative financing techniques
26 that may be used to fund needed projects and programs; and may
27 include, for illustrative purposes, additional projects that
28 would be included in the approved transportation improvement
29 program if reasonable additional resources beyond those
30 identified in the financial plan were available. Innovative
31 financing. Such techniques may include the assessment of
60
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 tolls, the use of value capture financing, or the use of value
2 congestion pricing. The transportation improvement program
3 may include a project or project phase only if full funding
4 can reasonably be anticipated to be available for the project
5 or project phase within the time period contemplated for
6 completion of the project or project phase.
7 4. Group projects and project phases of similar
8 urgency and anticipated staging into appropriate staging
9 periods.
10 5. Indicate how the transportation improvement program
11 relates to the long-range transportation plan developed under
12 subsection (6), including providing examples of specific
13 projects or project phases that further the goals and policies
14 of the long-range transportation plan.
15 6. Indicate whether any project or project phase is
16 inconsistent with an approved comprehensive plan of a unit of
17 local government located within the jurisdiction of the M.P.O.
18 If a project is inconsistent with an affected comprehensive
19 plan, the M.P.O. must provide justification for including the
20 project in the transportation improvement program.
21 7. Indicate how the improvements are consistent, to
22 the maximum extent feasible, with affected seaport and airport
23 master plans and with public transit development plans of the
24 units of local government located within the jurisdiction of
25 the M.P.O. If a project is located within the boundaries of
26 more than one M.P.O., the M.P.O.'s must coordinate plans
27 regarding the project in the transportation improvement
28 program.
29 (d) Projects included in the transportation
30 improvement program and that have advanced to the design stage
31 of preliminary engineering may be removed from or rescheduled
61
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 in a subsequent transportation improvement program only by the
2 joint action of the M.P.O. and the department. Except when
3 recommended in writing by the district secretary for good
4 cause, any project removed from or rescheduled in a subsequent
5 transportation improvement program shall not be rescheduled by
6 the M.P.O. in that subsequent program earlier than the 5th
7 year of such program.
8 (e) During the development of the transportation
9 improvement program, the M.P.O. shall, in cooperation with the
10 department and any affected public transit operation, provide
11 citizens, affected public agencies, representatives of
12 transportation agency employees, freight shippers, providers
13 of freight transportation services, private providers of
14 transportation, representatives of users of public transit,
15 and other interested parties with reasonable notice of and an
16 opportunity to comment on the proposed program.
17 (f)(e) The adopted annual transportation improvement
18 program for M.P.O.'s in nonattainment or maintenance areas
19 must be submitted to the district secretary and the Department
20 of Community Affairs at least 90 days before the submission of
21 the state transportation improvement program by the department
22 to the appropriate federal agencies. The annual transportation
23 improvement program for M.P.O.'s in attainment areas must be
24 submitted to the district secretary and the Department of
25 Community Affairs at least 45 days before the department
26 submits the state transportation improvement program to the
27 appropriate federal agencies; however, the department, the
28 Department of Community Affairs, and a metropolitan planning
29 organization may, in writing, agree to vary this submittal
30 date. The Governor or the Governor's designee shall review
31 and approve each transportation improvement program and any
62
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 amendments thereto.
2 (g)(f) The Department of Community Affairs shall
3 review the annual transportation improvement program of each
4 M.P.O. for consistency with the approved local government
5 comprehensive plans of the units of local government whose
6 boundaries are within the metropolitan area of each M.P.O. and
7 shall identify those projects that are inconsistent with such
8 comprehensive plans. The Department of Community Affairs shall
9 notify an M.P.O. of any transportation projects contained in
10 its transportation improvement program which are inconsistent
11 with the approved local government comprehensive plans of the
12 units of local government whose boundaries are within the
13 metropolitan area of the M.P.O.
14 (h) The M.P.O. shall annually publish or otherwise
15 make available for public review the annual listing of
16 projects for which federal funds have been obligated in the
17 preceding year. Project monitoring systems must be maintained
18 by those agencies responsible for obligating federal funds and
19 made accessible to the M.P.O.'s.
20 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
21 develop, in cooperation with the department and public
22 transportation providers, a unified planning work program that
23 lists all planning tasks to be undertaken during the program
24 year. The unified planning work program must provide a
25 complete description of each planning task and an estimated
26 budget therefor and must comply with applicable state and
27 federal law.
28 (9) AGREEMENTS.--
29 (a) Each M.P.O. shall execute the following written
30 agreements, which shall be reviewed, and updated as necessary,
31 every 5 years:
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 1. An agreement with the department clearly
2 establishing the cooperative relationship essential to
3 accomplish the transportation planning requirements of state
4 and federal law.
5 2. An agreement with the metropolitan and regional
6 intergovernmental coordination and review agencies serving the
7 metropolitan areas, specifying the means by which activities
8 will be coordinated and how transportation planning and
9 programming will be part of the comprehensive planned
10 development of the area.
11 3. An agreement with operators of public
12 transportation systems, including transit systems, commuter
13 rail systems, airports, and seaports, describing the means by
14 which activities will be coordinated and specifying how public
15 transit, commuter rail, aviation, and seaport planning and
16 programming will be part of the comprehensive planned
17 development of the metropolitan area.
18 (b) An M.P.O. may execute other agreements required by
19 state or federal law or as necessary to properly accomplish
20 its functions.
21 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
22 COUNCIL.--
23 (a) A Metropolitan Planning Organization Advisory
24 Council is created to augment, and not supplant, the role of
25 the individual M.P.O.'s in the cooperative transportation
26 planning process described in s. 339.155(5).
27 (b) The council shall consist of one representative
28 from each M.P.O. and shall elect a chairperson annually from
29 its number. Each M.P.O. shall also elect an alternate
30 representative from each M.P.O. to vote in the absence of the
31 representative. Members of the council do not receive any
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 compensation for their services, but may be reimbursed from
2 funds made available to council members for travel and per
3 diem expenses incurred in the performance of their council
4 duties as provided in s. 112.061.
5 (c) The powers and duties of the Metropolitan Planning
6 Organization Advisory Council are to:
7 1. Enter into contracts with individuals, private
8 corporations, and public agencies.
9 2. Acquire, own, operate, maintain, sell, or lease
10 personal property essential for the conduct of business.
11 3. Accept funds, grants, assistance, gifts, or
12 bequests from private, local, state, or federal sources.
13 4. Establish bylaws and adopt rules pursuant to ss.
14 120.536(1) and 120.54 to implement provisions of law
15 conferring powers or duties upon it.
16 5. Assist M.P.O.'s in carrying out the urbanized area
17 transportation planning process by serving as the principal
18 forum for collective policy discussion pursuant to law.
19 6. Serve as a clearinghouse for review and comment by
20 M.P.O.'s on the Florida Transportation Plan and on other
21 issues required to comply with federal or state law in
22 carrying out the urbanized area transportation and systematic
23 planning processes instituted pursuant to s. 339.155.
24 7. Employ an executive director and such other staff
25 as necessary to perform adequately the functions of the
26 council, within budgetary limitations. The executive director
27 and staff are exempt from part II of chapter 110 and serve at
28 the direction and control of the council. The council is
29 assigned to the Office of the Secretary of the Department of
30 Transportation or for fiscal and accountability purposes, but
31 it shall otherwise function independently of the control and
65
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 direction of the department.
2 8. Adopt an agency strategic plan that provides the
3 priority directions the agency will take to carry out its
4 mission within the context of the state comprehensive plan and
5 any other statutory mandates and directions given to the
6 agency.
7 (11) APPLICATION OF FEDERAL LAW.--Upon notification by
8 an agency of the Federal Government that any provision of this
9 section conflicts with federal laws or regulations, such
10 federal laws or regulations will take precedence to the extent
11 of the conflict until such conflict is resolved. The
12 department or an M.P.O. may take any necessary action to
13 comply with such federal laws and regulations or to continue
14 to remain eligible to receive federal funds.
15 Section 34. Subsection (14) is added to section
16 341.041, Florida Statutes, 1998 Supplement, to read:
17 341.041 Transit responsibilities of the
18 department.--The department shall, within the resources
19 provided pursuant to chapter 216:
20 (14) Create and maintain a common self-retention
21 insurance fund to support fixed-guideway projects throughout
22 the state when there is a contractual obligation to have the
23 fund in existence in order to provide fixed-guideway services.
24 The maximum limit of the fund is as required by any
25 contractual obligation.
26 Section 35. Subsections (6) and (8) of section
27 341.302, Florida Statutes, are amended to read:
28 341.302 Rail program, duties and responsibilities of
29 the department.--The department, in conjunction with other
30 governmental units and the private sector, shall develop and
31 implement a rail program of statewide application designed to
66
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 ensure the proper maintenance, safety, revitalization, and
2 expansion of the rail system to assure its continued and
3 increased availability to respond to statewide mobility needs.
4 Within the resources provided pursuant to chapter 216, and as
5 authorized under Title 49 C.F.R. part 212, the department
6 shall:
7 (6) Secure and administer federal grants, loans, and
8 apportionments for rail projects within this state when
9 necessary to further the statewide program.
10 (8) Conduct, at a minimum, inspections of track and
11 rolling stock, train signals and related equipment, hazardous
12 materials transportation, including the loading, unloading,
13 and labeling of hazardous materials at shippers', receivers',
14 and transfer points, and train operating practices to
15 determine adherence to state and federal standards.
16 Department personnel may enforce any safety regulation issued
17 under the Federal Government's preemptive authority over
18 interstate commerce.
19 Section 36. Paragraph (a) of subsection (2) and
20 subsections (3), (4), (5), (6), (9), and (10) of section
21 373.4137, Florida Statutes, are amended to read:
22 373.4137 Mitigation requirements.--
23 (2) Environmental impact inventories for
24 transportation projects proposed by the Department of
25 Transportation shall be developed as follows:
26 (a) By May 1 of each year Beginning July 1996, the
27 Department of Transportation shall submit annually to the
28 Department of Environmental Protection and the water
29 management districts a copy of its adopted work program and an
30 inventory of habitats addressed in the rules tentatively,
31 adopted pursuant to this part and s. 404 of the Clean Water
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Act, 33 U.S.C. s. 1344, which may be impacted by its plan of
2 construction for transportation projects in the next first 3
3 years of the tentative work program. The Department of
4 Transportation may also include in its inventory the habitat
5 impacts of any future transportation project identified in the
6 tentative work program. For the July 1996 submittal, the
7 inventory may exclude those projects which have received
8 permits pursuant to this part and s. 404 of the Clean Water
9 Act, 33 U.S.C. s. 1344, projects for which mitigation planning
10 or design has commenced, or projects for which mitigation has
11 been implemented in anticipation of future permitting needs.
12 (3) To fund the mitigation plan for the projected
13 impacts identified in the inventory described in subsection
14 (2), beginning July 1, 1997, the Department of Transportation
15 shall identify funds quarterly in an escrow account within the
16 State Transportation Trust Fund for the environmental
17 mitigation phase of projects budgeted by the Department of
18 Transportation for the current fiscal year. The escrow account
19 will be maintained established by the Department of
20 Transportation for the benefit of the Department of
21 Environmental Protection and the water management districts.
22 Any interest earnings from the escrow account shall remain
23 with be returned to the Department of Transportation. The
24 Department of Environmental Protection or water management
25 districts may shall request a transfer of funds from the
26 escrow account to the Ecosystem Management and Restoration
27 Trust Fund no sooner than 30 days prior to the date the funds
28 are needed to pay for activities associated with development
29 or implementation of the approved mitigation plan described in
30 subsection (4) for the current fiscal year, including, but not
31 limited to, design, engineering, production, and staff
68
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 support. Actual conceptual plan preparation costs incurred
2 before plan approval may be submitted to the Department of
3 Transportation and the Department of Environmental Protection
4 by November 1 of each year with the plan. The conceptual plan
5 preparation costs of each water management district will be
6 paid based on the amount approved on the mitigation plan and
7 allocated to the current fiscal year projects identified by
8 the water management district contained in the mitigation
9 programs. The amount transferred to the escrow account each
10 year by the Department of Transportation shall correspond to a
11 cost per acre of $75,000 multiplied by the projected acres of
12 impact identified in the inventory described in subsection (2)
13 within the water management district for that year. The water
14 management district may draw from the trust fund no sooner
15 than 30 days prior to the date funds are needed to pay for
16 activities associated with development or implementation of
17 the mitigation plan described in subsection (4). Each July 1,
18 beginning in 1998, the cost per acre shall be adjusted by the
19 percentage change in the average of the Consumer Price Index
20 issued by the United States Department of Labor for the most
21 recent 12-month period ending September 30, compared to the
22 base year average, which is the average for the 12-month
23 period ending September 30, 1996. At the end of each year,
24 the projected acreage of impact shall be reconciled with the
25 acreage of impact of projects as permitted, including permit
26 modifications, pursuant to this part and s. 404 of the Clean
27 Water Act, 33 U.S.C. s. 1344. The subject, and the following
28 year's transfer of funds shall be adjusted accordingly to
29 reflect the overtransfer or undertransfer of funds from the
30 preceding year. The Department of Transportation Environmental
31 Protection is authorized to transfer such funds from the
69
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 escrow account to the Department of Environmental Protection
2 and Ecosystem Management and Restoration Trust Fund to the
3 water management districts to carry out the mitigation
4 programs.
5 (4) Prior to December 1 of each year 31, 1996, each
6 water management district, in consultation with the Department
7 of Environmental Protection, the United States Army Corps of
8 Engineers, the Department of Transportation, and other
9 appropriate federal, state, and local governments, and other
10 interested parties, including entities operating mitigation
11 banks, shall develop a plan for the primary purpose of
12 complying with the mitigation requirements adopted pursuant to
13 this part and 33 U.S.C. s. 1344. This plan shall also address
14 significant invasive aquatic and exotic plant problems within
15 wetlands and other surface waters. In developing such plans,
16 the districts shall utilize sound ecosystem management
17 practices to address significant water resource needs and
18 shall focus on activities of the Department of Environmental
19 Protection and the water management districts, such as surface
20 water improvement and management (SWIM) waterbodies and lands
21 identified for potential acquisition for preservation,
22 restoration, and enhancement, to the extent that such
23 activities comply with the mitigation requirements adopted
24 under this part and 33 U.S.C. s. 1344. In determining the
25 activities to be included in such plans, the districts shall
26 also consider the purchase of credits from public or private
27 mitigation banks permitted under s. 373.4136 and associated
28 federal authorization under this part and shall include such
29 purchase as a part of the mitigation plan when such purchase
30 would offset the impact of the transportation project, provide
31 equal benefits to the water resources than other mitigation
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 options being considered, and provide the most cost-effective
2 mitigation option. The mitigation plan shall be preliminarily
3 approved by the water management district governing board and
4 shall be submitted to the secretary of the Department of
5 Environmental Protection for review and final approval. The
6 preliminary approval by the water management district
7 governing board does not constitute a decision that affects
8 substantial interests as provided by s. 120.569. At least 30
9 days prior to preliminary approval, the water management
10 district shall provide a copy of the draft mitigation plan to
11 any person who has requested a copy.
12 (a) For each transportation project with a funding
13 request for the next fiscal year, the mitigation plan must
14 include a brief explanation of why a mitigation bank was or
15 was not chosen as a mitigation option, including an estimation
16 of identifiable costs of the mitigation bank and nonbank
17 options to the extent practicable. If the Department of
18 Environmental Protection and water management districts are
19 unable to identify mitigation that would offset the impacts of
20 a project included in the inventory, either due to the nature
21 of the impact or the amount of funds available, that project
22 shall not be addressed in the mitigation plan and the project
23 shall not be subject to the provisions of this section.
24 (b) Specific projects may be excluded from the
25 mitigation plan and shall not be subject to this section upon
26 the agreement of the Department of Transportation, the
27 Department of Environmental Protection, and the appropriate
28 water management district that the inclusion of such projects
29 would hamper the efficiency or timeliness of the mitigation
30 planning and permitting process, or the Department of
31 Environmental Protection and the water management district are
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 unable to identify mitigation that would offset the impacts of
2 the project.
3 (c) Surface water improvement and management or
4 invasive plant control projects undertaken using the $12
5 million advance transferred from the Department of
6 Transportation to the Department of Environmental Protection
7 in fiscal year 1996-1997 which meet the requirements for
8 mitigation under this part and 33 U.S.C. s. 1344 shall remain
9 available for mitigation until the $12 million is fully
10 credited up to and including fiscal year 2004-2005. When these
11 projects are used as mitigation, the $12 million advance shall
12 be reduced by $75,000 per acre of impact mitigated. For any
13 fiscal year through and including fiscal year 2004-2005, to
14 the extent the cost of developing and implementing the
15 mitigation plans is less than the amount transferred pursuant
16 to subsection (3), the difference shall be credited towards
17 the $12 million advance. Except as provided in this paragraph,
18 any funds not directed to implement the mitigation plan
19 should, to the greatest extent possible, be directed to fund
20 invasive plant control within wetlands and other surface
21 waters. Those transportation projects that are proposed to
22 commence in fiscal year 1996-1997 shall not be addressed in
23 the mitigation plan, and the provisions of subsection (7)
24 shall not apply to these projects. The Department of
25 Transportation may enter into interagency agreements with the
26 Department of Environmental Protection or any water management
27 district to perform mitigation planning and implementation for
28 these projects.
29 (d) On July 1, 1996, the Department of Transportation
30 shall transfer to the Department of Environmental Protection
31 $12 million from the State Transportation Trust Fund for the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 purposes of the surface water improvement management program
2 and to address statewide aquatic and exotic plant problems
3 within wetlands and other surface waters. Such funds shall be
4 considered an advance upon funds that the Department of
5 Transportation would provide for statewide mitigation during
6 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
7 use of mitigation funds for surface water improvement
8 management projects or aquatic and exotic plant control may be
9 utilized as mitigation for transportation projects to the
10 extent that it complies with the mitigation requirements
11 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
12 extent that such activities result in mitigation credit for
13 projects permitted in fiscal year 1996-1997, all or part of
14 the $12 million funding for surface water improvement
15 management projects or aquatic and exotic plant control in
16 fiscal year 1996-1997 shall be drawn from Department of
17 Transportation mitigation funding for fiscal year 1996-1997
18 rather than from mitigation funding for fiscal years
19 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
20 cost per acre of impact described in subsection (3), times the
21 acreage of impact that is mitigated by such plant control
22 activities. Any part of the $12 million that does not result
23 in mitigation credit for projects permitted in fiscal year
24 1996-1997 shall remain available for mitigation credit during
25 fiscal years 1997-1998, 1998-1999, or 1999-2000.
26 (5) The water management district shall be responsible
27 for ensuring that mitigation requirements pursuant to 33
28 U.S.C. s. 1344 are met for the impacts identified in the
29 inventory described in subsection (2), by implementation of
30 the approved plan described in subsection (4) to the extent
31 funding is provided as funded by the Department of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Transportation. During the federal permitting process, the
2 water management district may deviate from the approved
3 mitigation plan in order to comply with federal permitting
4 requirements.
5 (6) The mitigation plan shall be updated annually to
6 reflect the most current Department of Transportation work
7 program and may be amended throughout the year to anticipate
8 schedule changes or additional projects which may arise. Each
9 update and amendment of the mitigation plan shall be submitted
10 to the secretary of the Department of Environmental Protection
11 for approval as described in subsection (4). However, such
12 approval shall not be applicable to a deviation as described
13 in subsection (5).
14 (9) The recommended mitigation plan shall be annually
15 submitted to the Executive Office of the Governor and the
16 Legislature through the legislative budget request of the
17 Department of Environmental Protection in accordance with
18 chapter 216. Any funds not directed to implement the
19 mitigation plan should, to the greatest extent possible, be
20 directed to fund aquatic and exotic plant problems within the
21 wetlands and other surface waters.
22 (10) By December 1, 1997, the Department of
23 Environmental Protection, in consultation with the water
24 management districts, shall submit a report to the Governor,
25 the President of the Senate, and the Speaker of the House of
26 Representatives describing the implementation of this section,
27 including the use of public and private mitigation banks and
28 other types of mitigation approved in the mitigation plan.
29 The report shall also recommend any amendments to this section
30 necessary to improve the process for developing and
31 implementing mitigation plans for the Department of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Transportation. The report shall also include a specific
2 section on how private and public mitigation banks are
3 utilized within the mitigation plans.
4 Section 37. Subsections (3) and (23) of section
5 479.01, Florida Statutes, are amended to read:
6 479.01 Definitions.--As used in this chapter, the
7 term:
8 (3) "Commercial or industrial zone" means a parcel of
9 land an area within 660 feet of the nearest edge of the
10 right-of-way of the interstate or federal-aid primary system
11 designated predominately for commercial or industrial use
12 under both the future land use map of the comprehensive plan
13 and the land use development regulations adopted pursuant to
14 chapter 163. If a parcel is located in an area designated for
15 multiple uses on the future land use map of a comprehensive
16 plan and the land development regulations do not clearly
17 designate that parcel for a specific use, the area will be
18 considered an unzoned commercial or industrial area if it
19 meets the criteria of subsection (23). Where a local
20 governmental entity has not enacted a comprehensive plan by
21 local ordinance but has zoning regulations governing the area,
22 the zoning of an area shall determine whether the area is
23 designated predominately for commercial or industrial uses.
24 (23) "Unzoned commercial or industrial area" means a
25 parcel of land designated by the an area within 660 feet of
26 the nearest edge of the right-of-way of the interstate or
27 federal-aid primary system where the land use is not covered
28 by a future land use map of the comprehensive plan for
29 multiple uses that include commercial or industrial uses but
30 are not specifically designated for commercial or industrial
31 uses under the land development regulations or zoning
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 regulation pursuant to subsection (2), in which there are
2 located three or more separate and distinct conforming
3 industrial or commercial activities are located.
4 (a) These activities must satisfy the following
5 criteria:
6 1. At least one of the commercial or industrial
7 activities must be located on the same side of the highway and
8 within 800 feet of the sign location;
9 2. The commercial or industrial activities must be
10 within 660 feet from the nearest edge of the right-of-way; and
11 3. The commercial industrial activities must be within
12 1,600 feet of each other.
13
14 Distances specified in this paragraph must be measured from
15 the nearest outer edge of the primary building or primary
16 building complex when the individual units of the complex are
17 connected by covered walkways. uses located within a
18 1,600-foot radius of each other and generally recognized as
19 commercial or industrial by zoning authorities in this state.
20 (b) Certain activities, including, but not limited to,
21 the following, may not be so recognized as commercial or
22 industrial activities:
23 1.(a) Signs.
24 2.(b) Agricultural, forestry, ranching, grazing,
25 farming, and related activities, including, but not limited
26 to, wayside fresh produce stands.
27 3.(c) Transient or temporary activities.
28 4.(d) Activities not visible from the main-traveled
29 way.
30 5.(e) Activities conducted more than 660 feet from the
31 nearest edge of the right-of-way.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 6.(f) Activities conducted in a building principally
2 used as a residence.
3 7.(g) Railroad tracks and minor sidings.
4 8. Communication towers.
5 Section 38. Paragraphs (b) and (c) of subsection (8)
6 of section 479.07, Florida Statutes, are amended to read:
7 479.07 Sign permits.--
8 (8)
9 (b) If a permittee has not submitted his or her fee
10 payment by the expiration date of the licenses or permits, the
11 department shall send a notice of violation to the permittee
12 within 45 days after the expiration date, requiring the
13 payment of the permit fee within 30 days after the date of the
14 notice and payment of a delinquency fee equal to 10 percent of
15 the original amount due or, in the alternative to these
16 payments, requiring the filing of a request for an
17 administrative hearing to show cause why his or her sign
18 should not be subject to immediate removal due to expiration
19 of his or her license or permit. If the permittee submits
20 payment as required by the violation notice, his or her
21 license or permit will be automatically reinstated and such
22 reinstatement will be retroactive to the original expiration
23 date. If the permittee does not respond to the notice of
24 violation within the 30-day period, the department shall,
25 within 30 days, issue a final notice of sign removal and may,
26 following 90 days after the date of the department's final
27 notice of sign removal, remove the sign without incurring any
28 liability as a result of such removal. However, if at any time
29 before removal of the sign within 90 days after the date of
30 the department's final notice of sign removal, the permittee
31 demonstrates that a good-faith good faith error on the part of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the permittee resulted in cancellation or nonrenewal of the
2 permit, the department may reinstate the permit if:
3 1. The sign has not yet been disassembled by the
4 permittee;
5 2. Conflicting applications have not been filed by
6 other persons;
7 1.3. The permit reinstatement fee of up to $300 based
8 on the size of the sign is paid;
9 2.4. All other permit renewal and delinquent permit
10 fees due as of the reinstatement date are paid; and
11 3.5. The permittee reimburses the department for all
12 actual costs resulting from the permit cancellation or
13 nonrenewal and sign removal.
14 (c) Conflicting applications filed by other persons
15 for the same or competing sites covered by a permit subject to
16 paragraph (b) may not be approved until after the sign subject
17 to the expired permit has been removed.
18 (d)(c) The cost for removing a sign, whether by the
19 department or an independent contractor, shall be assessed by
20 the department against the permittee.
21 Section 39. Subsection (15) of section 479.16, Florida
22 Statutes, is amended to read:
23 479.16 Signs for which permits are not required.--The
24 following signs are exempt from the requirement that a permit
25 for a sign be obtained under the provisions of this chapter
26 but are required to comply with the provisions of s.
27 479.11(4)-(8):
28 (15) Signs not in excess of 16 square feet placed at a
29 road junction with the State Highway System denoting only the
30 distance or direction of a residence or farm operation, or, in
31 a rural area where a hardship is created because a small
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 business is not visible from the road junction with the State
2 Highway System, one sign not in excess of 16 8 square feet,
3 denoting only the name of the business and the distance and
4 direction to the business. The small-business-sign provision
5 of this subsection does not apply to charter counties and may
6 not be implemented if the Federal Government notifies the
7 department that implementation will adversely affect the
8 allocation of federal funds to the department.
9 Section 40. Subsection (5) is added to section
10 320.0715, Florida Statutes, to read:
11 320.0715 International Registration Plan; motor
12 carrier services; permits; retention of records.--
13 (5) The provisions of this section do not apply to any
14 commercial motor vehicle domiciled in a foreign state that
15 enters this state solely for the purpose of bringing a
16 commercial vehicle in for repairs, or picking up a newly
17 purchased commercial vehicle, so long as the commercial motor
18 vehicle is operated by its owner and is not hauling a load.
19 Section 41. Section 334.035, Florida Statutes, is
20 amended to read:
21 334.035 Purpose of transportation code.--The purpose
22 of the Florida Transportation Code is to establish the
23 responsibilities of the state, the counties, and the
24 municipalities in the planning and development of the
25 transportation systems serving the people of the state and to
26 assure the development of an integrated, balanced statewide
27 transportation system which enhances economic development
28 through promotion of international trade and interstate and
29 intrastate commerce. This code is necessary for the
30 protection of the public safety and general welfare and for
31 the preservation of all transportation facilities in the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 state. The chapters in the code shall be considered
2 components of the total code, and the provisions therein,
3 unless expressly limited in scope, shall apply to all
4 chapters.
5 Section 42. Subsection (1) of section 334.0445,
6 Florida Statutes, 1998 Supplement, is amended to read:
7 334.0445 Model career service classification and
8 compensation plan.--
9 (1) Effective July 1, 1994, the Legislature grants to
10 the Department of Transportation in consultation with the
11 Department of Management Services, the Executive Office of the
12 Governor, legislative appropriations committees, legislative
13 personnel committees, and the affected certified bargaining
14 unions, the authority on a pilot basis to develop and
15 implement a model career service classification and
16 compensation system. Such system shall be developed for use by
17 all state agencies. Authorization for this program will be
18 through June 30, 2002 for 3 fiscal years beginning July 1,
19 1994, and ending June 30, 1997; however, the department may
20 elect or be directed by the Legislature to return to the
21 current system at anytime during this period if the model
22 system does not meet the stated goals and objectives.
23 Section 43. Section 334.046, Florida Statutes, is
24 amended to read:
25 (Substantial rewording of section. See
26 s. 334.046, F.S., for present text.)
27 334.046 Department mission, goals, and objectives.--
28 (1) The mission of the Department of Transportation
29 shall be to provide a safe, interconnected statewide
30 transportation system for Florida's citizens and visitors that
31 ensures the mobility of people and freight, while enhancing
80
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 economic prosperity and sustaining the quality of our
2 environment.
3 (2) The department shall document in the Florida
4 Transportation Plan pursuant to s. 339.155 the goals and
5 objectives which provide statewide policy guidance for
6 accomplishing the department's mission.
7 (3) At a minimum, the department's goals shall address
8 the following:
9 (a) Providing a safe transportation system for
10 residents, visitors, and commerce.
11 (b) Preservation of the transportation system.
12 (c) Providing an interconnected transportation system
13 to support Florida's economy.
14 (d) Providing travel choices to support Florida's
15 communities.
16 Section 44. Section 334.071, Florida Statutes, is
17 created to read:
18 334.071 Legislative designation of transportation
19 facilities.--
20 (1) Designation of a transportation facility contained
21 in an act of the Legislature is for honorary or memorial
22 purposes or to distinguish a particular facility, and unless
23 specifically provided for, shall not be construed to require
24 any action by a local government or private party regarding
25 the changing of any street signs, mailing address, or 911
26 emergency telephone number system listing.
27 (2) The effect of such designations shall only be
28 construed to require the placement of markers by the
29 department at the termini or intersections specified for each
30 highway segment or bridge designated, and as authority for the
31 department to place other markers as appropriate for the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transportation facility being designated.
2 Section 45. Section 337.025, Florida Statutes, is
3 amended to read:
4 337.025 Innovative highway projects; department to
5 establish program.--The department is authorized to establish
6 a program for highway projects demonstrating innovative
7 techniques of highway construction and finance which have the
8 intended effect of controlling time and cost increases on
9 construction projects. Such techniques may include, but are
10 not limited to, state-of-the-art technology for pavement,
11 safety, and other aspects of highway construction; innovative
12 bidding and financing techniques; accelerated construction
13 procedures; and those techniques that have the potential to
14 reduce project life cycle costs. To the maximum extent
15 practical, the department must use the existing process to
16 award and administer construction contracts. When specific
17 innovative techniques are to be used, the department is not
18 required to adhere to those provisions of law that would
19 prevent, preclude, or in any way prohibit the department from
20 using the innovative technique. However, prior to using an
21 innovative technique that is inconsistent with another
22 provision of law, the department must document in writing the
23 need for the exception and identify what benefits the
24 traveling public and the affected community are anticipated to
25 receive. The department may enter into no more than $120 $60
26 million in contracts annually for the purposes authorized by
27 this section.
28 Section 46. Paragraph (a) of subsection (4) of section
29 339.135, Florida Statutes, is amended to read:
30 339.135 Work program; legislative budget request;
31 definitions; preparation, adoption, execution, and
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 amendment.--
2 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
3 (a)1. To assure that no district or county is
4 penalized for local efforts to improve the State Highway
5 System, the department shall, for the purpose of developing a
6 tentative work program, allocate funds for new construction to
7 the districts, except for the turnpike district, based on
8 equal parts of population and motor fuel tax collections.
9 Funds for resurfacing, bridge repair and rehabilitation,
10 bridge fender system construction or repair, public transit
11 projects except public transit block grants as provided in s.
12 341.052, and other programs with quantitative needs
13 assessments shall be allocated based on the results of these
14 assessments. The department may not transfer any funds
15 allocated to a district under this paragraph to any other
16 district except as provided in subsection (7). Funds for
17 public transit block grants shall be allocated to the
18 districts pursuant to s. 341.052.
19 2. Notwithstanding the provisions of subparagraph 1.,
20 the department shall allocate at least 50 percent of any new
21 discretionary highway capacity funds to the Florida Intrastate
22 Highway System established pursuant to s. 338.001. Any
23 remaining new discretionary highway capacity funds shall be
24 allocated to the districts for new construction as provided in
25 subparagraph 1. For the purposes of this subparagraph, the
26 term "new discretionary highway capacity funds" means any
27 funds available to the department above the prior year funding
28 level for capacity improvements, which the department has the
29 discretion to allocate to highway projects.
30 Section 47. Subsections (2) through (5) of section
31 341.053, Florida Statutes, are renumbered as subsections (3)
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 through (6), respectively, and a new subsection (2) is added
2 to that section to read:
3 341.053 Intermodal Development Program;
4 administration; eligible projects; limitations.--
5 (2) In recognition of the department's role in the
6 economic development of this state, the department shall
7 develop a proposed intermodal development plan to connect
8 Florida's airports, deepwater seaports, rail systems serving
9 both passenger and freight, and major intermodal connectors to
10 the Florida Intrastate Highway System facilities as the
11 primary system for the movement of people and freight in this
12 state in order to make the intermodal development plan a fully
13 integrated and interconnected system. The intermodal
14 development plan must:
15 (a) Define and assess the state's freight intermodal
16 network, including airports, seaports, rail lines and
17 terminals, and connecting highways.
18 (b) Prioritize statewide infrastructure investments,
19 including the acceleration of current projects, which are
20 found by the Freight Stakeholders Task Force to be priority
21 projects for the efficient movement of people and freight.
22 (c) Be developed in a manner that will assure maximum
23 use of existing facilities and optimum integration and
24 coordination of the various modes of transportation, including
25 both government-owned and privately owned resources, in the
26 most cost-effective manner possible.
27 Section 48. Section 348.9401, Florida Statutes, is
28 amended to read:
29 348.9401 Short title.--This part shall be known and
30 may be cited as the "St. Lucie County Expressway and Bridge
31 Authority Law."
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 49. Subsections (2) and (11) of section
2 348.941, Florida Statutes, are amended to read:
3 348.941 Definitions.--As used in this part, unless the
4 context clearly indicates otherwise, the term:
5 (2) "Authority" means the St. Lucie County Expressway
6 and Bridge Authority.
7 (11) "St. Lucie County Expressway and Bridge System"
8 means:
9 (a) any and all expressways in St. Lucie County and
10 appurtenant facilities thereto, including, but not limited to,
11 all approaches, roads, bridges, and avenues of access for such
12 expressway or expressways; and
13 (b) The Indian River Lagoon Bridge.
14 Section 50. The catchline and subsections (1) and (2)
15 of section 348.942, Florida Statutes, are amended to read:
16 348.942 St. Lucie County and Bridge Expressway
17 Authority.--
18 (1) There is created and established a body politic
19 and corporate, an agency of the state, to be known as the "St.
20 Lucie County Expressway and Bridge Authority," hereinafter
21 referred to as the "authority."
22 (2) The authority shall have the exclusive right to
23 exercise all those powers herein set forth; and no other
24 entity, body, or authority, whether within or without St.
25 Lucie County, may either directly or indirectly exercise any
26 jurisdiction, control, authority, or power in any manner
27 relating to any expressway and bridge system within St. Lucie
28 County without either the express consent of the authority or
29 as otherwise provided herein.
30 Section 51. Paragraph (a) of subsection (1) and
31 paragraph (g) of subsection (2) of section 348.943, Florida
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Statutes, are amended to read:
2 348.943 Purposes and powers.--
3 (1)(a) The authority created and established by the
4 provisions of this part is granted and shall have the right to
5 acquire, hold, construct, improve, maintain, operate, own, and
6 lease the St. Lucie County Expressway and Bridge System,
7 hereinafter referred to as the "system."
8 (2) The authority is granted, and shall have and may
9 exercise, all powers necessary, appurtenant, convenient, or
10 incidental to the carrying out of the aforesaid purposes,
11 including, but not limited to, the following rights and
12 powers:
13 (g)1. To borrow money as provided by the State Bond
14 Act or, in the alternative, pursuant to the provisions of s.
15 348.944(3), and in either case for any purpose of the
16 authority authorized, including the financing or refinancing
17 of the cost of all or any part of the system.
18 2. The authority shall reimburse St. Lucie County for
19 any sums expended, together with interest at the highest rate
20 applicable to the bonds of the authority for which the sums
21 were required, from the St. Lucie County gasoline tax funds
22 for payment of the bonds.
23 Section 52. Section 348.944, Florida Statutes, is
24 amended to read:
25 348.944 Bonds.--
26 (1) Bonds may be issued on behalf of the authority as
27 provided by the State Bond Act.
28 (2) As an alternative to subsection (1), the authority
29 may issue its own bonds pursuant to subsection (3) in such
30 principal amounts as, in the opinion of the authority, are
31 necessary to provide sufficient moneys for achieving its
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 corporate purposes, so long as such bonds do not pledge the
2 full faith and credit of the state, St. Lucie County, or any
3 municipality in St. Lucie County.
4 (3) The bonds of the authority issued pursuant to this
5 subsection, whether on original issuance or on refunding,
6 shall be authorized by resolution of the members thereof and
7 may be either term or serial bonds, shall bear such date or
8 dates, mature at such time or times, not exceeding 40 years
9 from their respective dates, bear interest at such rate or
10 rates (not exceeding the maximum lawful rate), fixed or
11 variable, be in such denominations, be in such form, carry
12 such registration, exchangeability, and interchangeability
13 privileges, be payable in such medium of payment and at such
14 place or places, be subject to such terms of redemption, with
15 or without premium, and have such rank and be entitled to such
16 priorities on the revenues, tolls, fees, rentals, or other
17 charges, receipts, or moneys of the authority, including any
18 moneys received pursuant to the terms of any lease-purchase
19 agreement between the authority and the department, as such
20 resolution or any resolution subsequent thereto may provide.
21 The bonds shall be executed either by manual or facsimile
22 signature by such officers as the authority shall determine.
23 The term "bonds" shall include all forms of indebtedness,
24 including notes. The proceeds of any bonds shall be used for
25 such purposes and shall be disbursed in such manner and under
26 such restrictions, if any, as the authority may provide
27 pursuant to resolution. The bonds may also be issued pursuant
28 to an indenture of trust or other agreement with such trustee
29 or fiscal agent as may be selected by the authority. The
30 resolution, indenture of trust, or other agreement may contain
31 such provisions securing the bonds as the authority deems
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 appropriate. The principal of and the interest on the bonds
2 shall be payable from such revenues, tolls, fees, rentals, or
3 other charges, receipts, or moneys as determined by the
4 authority pursuant to resolution. The authority may grant a
5 lien upon and pledge such revenues, tolls, fees, rentals, or
6 other charges, receipts, or moneys in favor of the holders of
7 each series of bonds in the manner and to the extent provided
8 by the authority by resolution. Such revenues, tolls, fees,
9 rentals, or other charges, receipts, or moneys shall
10 immediately be subject to such lien without any physical
11 delivery thereof, and such lien shall be valid and binding as
12 against all parties having claims of any kind in tort,
13 contract, or otherwise against the authority.
14 (4) Bonds issued by or on behalf of the authority
15 shall be sold at public sale in the manner provided by the
16 State Bond Act. However, if the authority shall determine by
17 resolution that a negotiated sale of the bonds is in the best
18 interest of the authority, the authority may negotiate for
19 sale of the bonds with the underwriter or underwriters
20 designated by the division in the case of bonds issued
21 pursuant to subsection (1) or the authority in the case of
22 bonds issued pursuant to subsection (3). The authority shall
23 provide a specific finding by resolution as to the reason
24 requiring the negotiated sale. Pending the preparation of
25 definitive bonds, interim certificates may be issued to the
26 purchaser or purchasers of such bonds and may contain such
27 terms and conditions as the authority may determine.
28 Section 53. Section 348.9495, Florida Statutes, is
29 created to read:
30 348.9495 Exemption from taxation.--The effectuation of
31 the authorized purposes of the authority created under this
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 part is, shall, and will be in all respects for the benefit of
2 the people of the state, for the increase of their commerce
3 and prosperity, and for the improvement of their health and
4 living conditions, and, since such authority will be
5 performing essential governmental functions in effectuating
6 such purposes, such authority shall not be required to pay any
7 taxes or assessments of any kind or nature whatsoever upon any
8 property acquired or used by it for such purposes or upon any
9 tolls, fees, rentals, receipts, moneys, or charges at any time
10 received by it, and the bonds issued by the authority, their
11 transfer, and the income therefrom, including any profits made
12 on the sale thereof, shall at all times be free from taxation
13 of any kind by the state or by any political subdivision,
14 taxing agency, or instrumentality thereof. The exemption
15 granted by this section shall not be applicable to any tax
16 imposed by chapter 220 on interest, income, or profits on debt
17 obligations owned by corporations.
18 Section 54. Paragraph (d) of subsection (1) of section
19 212.055, Florida Statutes, 1998 Supplement, is amended to
20 read:
21 212.055 Discretionary sales surtaxes; legislative
22 intent; authorization and use of proceeds.--It is the
23 legislative intent that any authorization for imposition of a
24 discretionary sales surtax shall be published in the Florida
25 Statutes as a subsection of this section, irrespective of the
26 duration of the levy. Each enactment shall specify the types
27 of counties authorized to levy; the rate or rates which may be
28 imposed; the maximum length of time the surtax may be imposed,
29 if any; the procedure which must be followed to secure voter
30 approval, if required; the purpose for which the proceeds may
31 be expended; and such other requirements as the Legislature
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 may provide. Taxable transactions and administrative
2 procedures shall be as provided in s. 212.054.
3 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.--
4 (d) Proceeds from the surtax shall be applied to as
5 many or as few of the uses enumerated below in whatever
6 combination the county commission deems appropriate:
7 1. Deposited by the county in the trust fund and shall
8 be used only for the purposes of development, construction,
9 equipment, maintenance, operation, supportive services,
10 including a countywide bus system, and related costs of a
11 fixed guideway rapid transit system;
12 2. Remitted by the governing body of the county to an
13 expressway or transportation authority created by law to be
14 used, at the discretion of such authority, for the
15 development, construction, operation, or maintenance of roads
16 or bridges in the county, for the operation and maintenance of
17 a bus system, or for the payment of principal and interest on
18 existing bonds issued for the construction of such roads or
19 bridges, and, upon approval by the county commission, such
20 proceeds may be pledged for bonds issued to refinance existing
21 bonds or new bonds issued for the construction of such roads
22 or bridges; and or
23 3. For each county, as defined in s. 125.011(1), used
24 for the development, construction, operation, and or
25 maintenance of roads and bridges in the county; for the
26 expansion, operation, and maintenance of an existing bus and
27 fixed guideway systems system; and or for the payment of
28 principal and interest on existing bonds issued for the
29 construction of fixed guideway rapid transit systems, bus
30 systems, roads, or bridges; and such proceeds may be pledged
31 by the governing body of the county for bonds issued to
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 refinance existing bonds or new bonds issued for the
2 construction of such fixed guideway rapid transit systems, bus
3 systems, roads, or bridges and no more than 25 percent used
4 for nontransit uses.
5 Section 55. Paragraph (f) of subsection (2) of section
6 348.0004, Florida Statutes, is amended to read:
7 348.0004 Purposes and powers.--
8 (2) Each authority may exercise all powers necessary,
9 appurtenant, convenient, or incidental to the carrying out of
10 its purposes, including, but not limited to, the following
11 rights and powers:
12 (f) To fix, alter, charge, establish, and collect
13 tolls, rates, fees, rentals, and other charges for the
14 services and facilities system, which tolls, rates, fees,
15 rentals, and other charges must always be sufficient to comply
16 with any covenants made with the holders of any bonds issued
17 pursuant to the Florida Expressway Authority Act. However,
18 such right and power may be assigned or delegated by the
19 authority to the department. Notwithstanding s. 338.165 or any
20 other provision of law to the contrary, in any county as
21 defined in s. 125.011(1), to the extent surplus revenues
22 exist, they may be used for purposes enumerated in subsection
23 (7), provided the expenditures are consistent with the
24 metropolitan planning organization's adopted long-range plan.
25 Notwithstanding any other provision of law to the contrary,
26 but subject to any contractual requirements contained in
27 documents securing any outstanding indebtedness payable from
28 tolls, in any county as defined in s. 125.011(1), the board of
29 county commissioners may, by ordinance, alter or abolish
30 existing tolls and currently approved increases thereto if the
31 board provides a local source of funding to the county
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 expressway system for transportation in an amount sufficient
2 to replace revenues necessary to meet bond obligations secured
3 by such tolls and increases.
4 Section 56. In addition to the voting membership
5 established by s. 339.175(2), Florida Statutes, 1998
6 Supplement, and notwithstanding any other provision of law to
7 the contrary, the voting membership of any Metropolitan
8 Planning Organization whose geographical boundaries include
9 any county as defined in s. 125.011(1), Florida Statutes, must
10 include an additional voting member appointed by that city's
11 governing body for each city with a population of 50,000 or
12 more residents.
13 Section 57. Effective January 1, 2000, section 73.015,
14 Florida Statutes, is created to read:
15 73.015 Presuit negotiation.--
16 (1) Effective July 1, 2000, before an eminent domain
17 proceeding is brought under this chapter or chapter 74, the
18 condemning authority must attempt to negotiate in good faith
19 with the fee owner of the parcel to be acquired, must provide
20 the fee owner with a written offer and, if requested, a copy
21 of the appraisal upon which the offer is based, and must
22 attempt to reach an agreement regarding the amount of
23 compensation to be paid for the parcel.
24 (a) At the inception of negotiation for acquisition,
25 the condemning authority must notify the fee owner of the
26 following:
27 1. That all or a portion of his or her property is
28 necessary for a project.
29 2. The nature of the project for which the parcel is
30 considered necessary, and the parcel designation of the
31 property to be acquired.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 3. That, within 15 business days after receipt of a
2 request by the fee owner, the condemning authority will
3 provide a copy of the appraisal report upon which the offer to
4 the fee owner is based; copies, to the extent prepared, of the
5 right-of-way maps or other documents that depict the proposed
6 taking; and copies, to the extent prepared, of the
7 construction plans that depict project improvements to be
8 constructed on the property taken and improvements to be
9 constructed adjacent to the remaining property, including, but
10 not limited to, plan, profile, cross-section, drainage, and
11 pavement marking sheets, and driveway connection detail. The
12 condemning authority shall provide any additional plan sheets
13 within 15 days of request.
14 4. The fee owner's statutory rights under ss. 73.091
15 and 73.092.
16 5. The fee owner's rights and responsibilities under
17 paragraphs (b) and (c) and subsection (4).
18 (b) The condemning authority must provide a written
19 offer of compensation to the fee owner as to the value of the
20 property sought to be appropriated and, where less than the
21 entire property is sought to be appropriated, any damages to
22 the remainder caused by the taking. The owner must be given at
23 least 30 days after either receipt of the notice or the date
24 the notice is returned as undeliverable by the postal
25 authorities to respond to the offer, before the condemning
26 authority files a condemnation proceeding for the parcel
27 identified in the offer.
28 (c) The notice and written offer must be sent by
29 certified mail, return receipt requested, to the fee owner's
30 last known address listed on the county ad valorem tax roll.
31 Alternatively, the notice and written offer may be personally
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 delivered to the fee owner of the property. If there is more
2 than one owner of a property, notice to one owner constitutes
3 notice to all owners of the property. The return of the notice
4 as undeliverable by the postal authorities constitutes
5 compliance with this provision. The condemning authority is
6 not required to give notice or a written offer to a person who
7 acquires title to the property after the notice required by
8 this section has been given.
9 (d) Notwithstanding this subsection, with respect to
10 lands acquired under s. 259.041, the condemning authority is
11 not required to give the fee owner the current appraisal
12 before executing an option contract.
13 (2) Effective July 1, 2000, before an eminent domain
14 proceeding is brought under this chapter or chapter 74 by the
15 Department of Transportation or by a county, municipality,
16 board, district, or other public body for the condemnation of
17 right-of-way, the condemning authority must make a good-faith
18 effort to notify the business owners, including lessees, who
19 operate a business located on the property to be acquired.
20 (a) The condemning authority must notify the business
21 owner of the following:
22 1. That all or a portion of his or her property is
23 necessary for a project.
24 2. The nature of the project for which the parcel is
25 considered necessary, and the parcel designation of the
26 property to be acquired.
27 3. That, within 15 business days after receipt of a
28 request by the business owner, the condemning authority will
29 provide a copy of the appraisal report upon which the offer to
30 the fee owner is based; copies, to the extent prepared, of the
31 right-of-way maps or other documents that depict the proposed
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 taking; and copies, to the extent prepared, of the
2 construction plans that depict project improvements to be
3 constructed on the property taken and improvements to be
4 constructed adjacent to the remaining property, including, but
5 not limited to, plan, profile, cross-section, drainage,
6 pavement marking sheets, and driveway connection detail. The
7 condemning authority shall provide any additional plan sheets
8 within 15 days of request.
9 4. The business owner's statutory rights under ss.
10 73.071, 73.091, and 73.092.
11 5. The business owner's rights and responsibilities
12 under paragraphs (b) and (c) and subsection (4).
13 (b) The notice must be made subsequent to or
14 concurrent with the condemning authority's making the written
15 offer of compensation to the fee owner pursuant to subsection
16 (1). The notice must be sent by certified mail, return
17 receipt requested, to the address of the registered agent for
18 the business located on the property to be acquired, or if no
19 agent is registered, by certified mail or personal delivery to
20 the address of the business located on the property to be
21 acquired. Notice to one owner of a multiple ownership
22 business constitutes notice to all business owners of that
23 business. The return of the notice as undeliverable by the
24 postal authorities constitutes compliance with these
25 provisions. The condemning authority is not required to give
26 notice to a person who acquires an interest in the business
27 after the notice required by this section has been given.
28 Once notice has been made to business owners under this
29 subsection, the condemning authority may file a condemnation
30 proceeding pursuant to chapter 73 or chapter 74 for the
31 property identified in the notice.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (c) If the business qualifies for business damages
2 pursuant to s. 73.071(3)(b) and the business intends to claim
3 business damages, the business owner must, within 180 days
4 after either receipt of the notice or the date the notice is
5 returned as undeliverable by the postal authorities, or at a
6 later time mutually agreed to by the condemning authority and
7 the business owner, submit to the condemning authority a
8 good-faith written offer to settle any claims of business
9 damage. The written offer must be sent to the condemning
10 authority by certified mail, return receipt requested. Absent
11 a showing of a good-faith justification for the failure to
12 submit a business-damage offer within 180 days, the court must
13 strike the business owner's claim for business damages in any
14 condemnation proceeding. If the court finds that the business
15 owner has made a showing of a good-faith justification for the
16 failure to timely submit a business damage offer, the court
17 shall grant the business owner up to 180 days within which to
18 submit a business-damage offer, which the condemning authority
19 must respond to within 120 days.
20 1. The business-damage offer must include an
21 explanation of the nature, extent, and monetary amount of such
22 damage and must be prepared by the owner, a certified public
23 accountant, or a business damage expert familiar with the
24 nature of the operations of the owner's business. The
25 business owner shall also provide to the condemning authority
26 copies of the owner's business records that substantiate the
27 good-faith offer to settle the business damage claim. If
28 additional information is needed beyond data that may be
29 obtained from business records existing at the time of the
30 offer, the business owner and condemning authority may agree
31 on a schedule for the submission of such information.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 2. As used in this paragraph, the term "business
2 records" includes, but is not limited to, copies of federal
3 income tax returns, federal income tax withholding statements,
4 federal miscellaneous income tax statements, state sales tax
5 returns, balance sheets, profit and loss statements, and state
6 corporate income tax returns for the 5 years preceding
7 notification which are attributable to the business operation
8 on the property to be acquired, and other records relied upon
9 by the business owner that substantiate the business-damage
10 claim.
11 (d) Within 120 days after receipt of the good-faith
12 business-damage offer and accompanying business records, the
13 condemning authority must, by certified mail, accept or reject
14 the business owner's offer or make a counteroffer. Failure of
15 the condemning authority to respond to the business damage
16 offer, or rejection thereof pursuant to this section, must be
17 deemed to be a counteroffer of zero dollars for purposes of
18 subsequent application of s. 73.092(1).
19 (3) At any time in the presuit negotiation process,
20 the parties may agree to submit the compensation or
21 business-damage claims to nonbinding mediation. The parties
22 shall agree upon a mediator certified under s. 44.102. In the
23 event that there is a settlement reached as a result of
24 mediation or other mutually acceptable dispute resolution
25 procedure, the agreement reached shall be in writing. The
26 written agreement provided for in this section shall
27 incorporate by reference the right-of-way maps, construction
28 plans, or other documents related to the taking upon which the
29 settlement is based. In the event of a settlement, both
30 parties shall have the same legal rights that would have been
31 available under law if the matter had been resolved through
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 eminent domain proceedings in circuit court with the maps,
2 plans, or other documents having been made a part of the
3 record.
4 (4) If a settlement is reached between the condemning
5 authority and a property or business owner prior to a lawsuit
6 being filed, the property or business owner who settles
7 compensation claims in lieu of condemnation shall be entitled
8 to recover costs in the same manner as provided in s. 73.091
9 and attorney's fees in the same manner as provided in s.
10 73.092, more specifically as follows:
11 (a) Attorney's fees for presuit negotiations under
12 this section regarding the amount of compensation to be paid
13 for the land, severance damages, and improvements must be
14 calculated in the same manner as provided in s. 73.092(1)
15 unless the parties otherwise agree.
16 (b) If business damages are recovered by the business
17 owner based on the condemning authority accepting the business
18 owner's initial offer or the business owner accepting the
19 condemning authority's initial counteroffer, attorney's fees
20 must be calculated in accordance with s. 73.092(2), (3), (4),
21 and (5) for the attorney's time incurred in presentation of
22 the business owner's good-faith offer under paragraph (2)(c).
23 Otherwise, attorney's fees for the award of business damages
24 must be calculated as provided in s. 73.092(1), based on the
25 difference between the final judgment or settlement of
26 business damages and the counteroffer to the business owner's
27 offer by the condemning authority.
28 (c) Presuit costs must be presented, calculated, and
29 awarded in the same manner as provided in s. 73.091, after
30 submission by the business or property owner to the condemning
31 authority of all appraisal reports, business damage reports,
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 or other work-products for which recovery is sought, and upon
2 transfer of title of the real property by closing, upon
3 payment of any amounts due for business damages, or upon final
4 judgment.
5 (d) If the parties cannot agree on the amount of costs
6 and attorney's fees to be paid by the condemning authority,
7 the business or property owner may file a complaint in the
8 circuit court in the county in which the property is located
9 to recover attorney's fees and costs.
10
11 This shall only apply when the action is by the Department of
12 Transportation, county, municipality, board, district, or
13 other public body for the condemnation of a road right-of-way.
14 (5) Evidence of negotiations or of any written or oral
15 statements used in mediation or negotiations between the
16 parties under this section is inadmissible in any condemnation
17 proceeding, except in a proceeding to determine reasonable
18 costs and attorney's fees.
19 Section 58. Effective January 1, 2000, subsection (3)
20 of section 73.071, Florida Statutes, is amended to read:
21 73.071 Jury trial; compensation; severance damages;
22 business damages.--
23 (3) The jury shall determine solely the amount of
24 compensation to be paid, which compensation shall include:
25 (a) The value of the property sought to be
26 appropriated;
27 (b) Where less than the entire property is sought to
28 be appropriated, any damages to the remainder caused by the
29 taking, including, when the action is by the Department of
30 Transportation, county, municipality, board, district or other
31 public body for the condemnation of a right-of-way, and the
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 effect of the taking of the property involved may damage or
2 destroy an established business of more than 4 5 years'
3 standing, owned by the party whose lands are being so taken,
4 located upon adjoining lands owned or held by such party, the
5 probable damages to such business which the denial of the use
6 of the property so taken may reasonably cause; any person
7 claiming the right to recover such special damages shall set
8 forth in his or her written defenses the nature and extent of
9 such damages; and
10 (c) Where the appropriation is of property upon which
11 a mobile home, other than a travel trailer as defined in s.
12 320.01, is located, whether or not the owner of the mobile
13 home is an owner or lessee of the property involved, and the
14 effect of the taking of the property involved requires the
15 relocation of such mobile home, the reasonable removal or
16 relocation expenses incurred by such mobile home owner, not to
17 exceed the replacement value of such mobile home. The
18 compensation paid to a mobile home owner under this paragraph
19 shall preclude an award to a mobile home park owner for such
20 expenses of removal or relocation. Any mobile home owner
21 claiming the right to such removal or relocation expenses
22 shall set forth in his or her written defenses the nature and
23 extent of such expenses. This paragraph shall not apply to
24 any governmental authority exercising its power of eminent
25 domain when reasonable removal or relocation expenses must be
26 paid to mobile home owners under other provisions of law or
27 agency rule applicable to such exercise of power.
28 Section 59. Effective January 1, 2000, the amendments
29 to subsection (3) of section 73.071, Florida Statutes, as
30 contained in this act shall stand repealed effective January
31 1, 2003.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 60. Effective January 1, 2000, subsection (1)
2 of section 73.091, Florida Statutes, is amended to read:
3 73.091 Costs of the proceedings.--
4 (1) The petitioner shall pay attorney's fees as
5 provided in s. 73.092 as well as all reasonable costs incurred
6 in the defense of the proceedings in the circuit court,
7 including, but not limited to, reasonable appraisal fees and,
8 when business damages are compensable, a reasonable
9 accountant's fee, to be assessed by that court. No prejudgment
10 interest shall be paid on costs or attorney's fees.
11 Section 61. Effective January 1, 2000, subsection (1)
12 of section 73.092, Florida Statutes, is amended to read:
13 73.092 Attorney's fees.--
14 (1) Except as otherwise provided in this section and
15 s. 73.015, the court, in eminent domain proceedings, shall
16 award attorney's fees based solely on the benefits achieved
17 for the client.
18 (a) As used in this section, the term "benefits" means
19 the difference, exclusive of interest, between the final
20 judgment or settlement and the last written offer made by the
21 condemning authority before the defendant hires an attorney.
22 If no written offer is made by the condemning authority before
23 the defendant hires an attorney, benefits must be measured
24 from the first written offer after the attorney is hired.
25 1. In determining attorney's fees, if business records
26 as defined in s. 73.015(2)(c)2. and kept by the owner in the
27 ordinary course of business were provided to the condemning
28 authority to substantiate the business damage offer in s.
29 73.015(2)(c), benefits for amounts awarded for business
30 damages must be based on the difference between the final
31 judgment or settlement and the written counteroffer made by
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the condemning authority provided in s. 73.015(2)(d).
2 2. In determining attorney's fees, if existing
3 business records as defined in s. 73.015(2)(c)2. and kept by
4 the owner in the ordinary course of business were not provided
5 to the condemning authority to substantiate the business
6 damage offer in s. 73.015(2)(c) and those records which were
7 not provided are later deemed material to the determination of
8 business damages, benefits for amounts awarded for business
9 damages must be based upon the difference between the final
10 judgment or settlement and the first written counteroffer made
11 by the condemning authority within 90 days from the condemning
12 authority's receipt of the business records previously not
13 provided.
14 1. In determining attorney's fees in prelitigation
15 negotiations, benefits do not include amounts awarded for
16 business damages unless the business owner provided to the
17 condemning authority, upon written request, prior to
18 litigation, those financial and business records kept by the
19 owner in the ordinary course of business.
20 2. In determining attorney's fees subsequent to the
21 filing of litigation, if financial and business records kept
22 by the owner in the ordinary course of business were not
23 provided to the condemning authority prior to litigation,
24 benefits for amounts awarded for business damages must be
25 based on the first written offer made by the condemning
26 authority within 120 days after the filing of the eminent
27 domain action. In the event the petitioner makes a discovery
28 request for a defendant's financial and business records kept
29 in the ordinary course of business within 45 days after the
30 filing of that defendant's answer, then the 120-day period
31 shall be extended to 60 days after receipt by petitioner of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 those records. If the condemning authority makes no written
2 offer to the defendant for business damages within the time
3 period provided in this section, benefits for amounts awarded
4 for business damages must be based on the difference between
5 the final judgment or settlement and the last written offer
6 made by the condemning authority before the defendant hired an
7 attorney.
8 (b) The court may also consider nonmonetary benefits
9 obtained for the client through the efforts of the attorney,
10 to the extent such nonmonetary benefits are specifically
11 identified by the court and can, within a reasonable degree of
12 certainty, be quantified.
13 (c) Attorney's fees based on benefits achieved shall
14 be awarded in accordance with the following schedule:
15 1. Thirty-three percent of any benefit up to $250,000;
16 plus
17 2. Twenty-five percent of any portion of the benefit
18 between $250,000 and $1 million; plus
19 3. Twenty percent of any portion of the benefit
20 exceeding $1 million.
21 Section 62. Effective January 1, 2000, subsection (1)
22 of section 127.01, Florida Statutes, is amended to read:
23 127.01 Counties delegated power of eminent domain;
24 recreational purposes, issue of necessity of taking.--
25 (1)(a) Each county of the state is delegated authority
26 to exercise the right and power of eminent domain; that is,
27 the right to appropriate property, except state or federal,
28 for any county purpose. The absolute fee simple title to all
29 property so taken and acquired shall vest in such county
30 unless the county seeks to condemn a particular right or
31 estate in such property.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (b) Each county is further authorized to exercise the
2 eminent domain power powers granted to the Department of
3 Transportation by s. 337.27(1) and (2), the transportation
4 corridor protection provisions of s. 337.273, and the right of
5 entry onto property pursuant to s. 337.274.
6 Section 63. Effective January 1, 2000, subsection (2)
7 of section 166.401, Florida Statutes, is amended to read:
8 166.401 Right of eminent domain.--
9 (2) Each municipality is further authorized to
10 exercise the eminent domain power powers granted to the
11 Department of Transportation in s. 337.27(1) and (2) and the
12 transportation corridor protection provisions of s. 337.273.
13 Section 64. Effective January 1, 2000, subsection (2)
14 of section 337.27, section 337.271, subsection (2) of section
15 348.0008, subsection (2) of section 348.759, and subsection
16 (2) of section 348.957, Florida Statutes, are repealed.
17 Section 65. Subsections (3), (4), (5), and (6) are
18 added to section 479.15, Florida Statutes, to read:
19 479.15 Harmony of regulations.--
20 (3) It is the express intent of the Legislature to
21 limit the state right-of-way acquisition costs on state and
22 federal roads in eminent domain proceedings, the provisions of
23 ss. 479.07 and 479.155 notwithstanding. Subject to approval by
24 the Federal Highway Administration, whenever public
25 acquisition of land upon which is situated a lawful
26 nonconforming sign occurs, as provided in this chapter, the
27 sign may, at the election of its owner and the department, be
28 relocated or reconstructed adjacent to the new right-of-way
29 along the roadway within 100 feet of the current location,
30 provided the nonconforming sign is not relocated on a parcel
31 zoned residential, and provided further that such relocation
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 shall be subject to applicable setback requirements. The sign
2 owner shall pay all costs associated with relocating or
3 reconstructing any sign under this subsection, and neither the
4 state nor any local government shall reimburse the sign owner
5 for such costs, unless part of such relocation costs are
6 required by federal law. If no adjacent property is available
7 for the relocation, the department shall be responsible for
8 paying the owner of the sign just compensation for its
9 removal.
10 (4) Such relocation shall be adjacent to the current
11 site and the face of the sign shall not be increased in size
12 or height or structurally modified at the point of relocation
13 in a manner inconsistent with the current building codes of
14 the jurisdiction in which the sign is located.
15 (5) In the event that relocation can be accomplished
16 but is inconsistent with the ordinances of the municipality or
17 county within whose jurisdiction the sign is located, the
18 ordinances of the local government shall prevail, provided
19 that the local government shall assume the responsibility to
20 provide the owner of the sign just compensation for its
21 removal, but in no event shall compensation paid by the local
22 government exceed the compensation required under state or
23 federal law. Further, the provisions of this section shall not
24 impair any agreement or future agreements between a
25 municipality or county and the owner of a sign or signs within
26 the jurisdiction of the municipality or county. Nothing in
27 this section shall be deemed to cause a nonconforming sign to
28 become conforming solely as a result of the relocation allowed
29 in this section.
30 (6) The provisions of subsections (3), (4), and (5) of
31 this section shall not apply within the jurisdiction of any
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 municipality which is engaged in any litigation concerning its
2 sign ordinance on April 23, 1999, nor shall such provisions
3 apply to any municipality whose boundaries are identical to
4 the county within which said municipality is located.
5 Section 66. Paragraph (d) of subsection (3) of section
6 20.23, Florida Statutes, 1998 Supplement, is amended to read:
7 20.23 Department of Transportation.--There is created
8 a Department of Transportation which shall be a decentralized
9 agency.
10 (3)
11 (d)1. Policy, program, or operations offices shall be
12 established within the central office for the purposes of:
13 a. Developing policy and procedures and monitoring
14 performance to ensure compliance with these policies and
15 procedures;
16 b. Performing statewide activities which it is more
17 cost-effective to perform in a central location;
18 c. Assessing and ensuring the accuracy of information
19 within the department's financial management information
20 systems; and
21 d. Performing other activities of a statewide nature.
22 2. The following offices are established and shall be
23 headed by a manager, each of whom shall be appointed by and
24 serve at the pleasure of the secretary. The positions shall be
25 classified at a level equal to a division director:
26 a. The Office of Administration;
27 b. The Office of Policy Planning;
28 c. The Office of Design;
29 d. The Office of Construction;
30 e. The Office of Right-of-Way;
31 f. The Office of Toll Operations; and
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 g. The Office of Information Systems.
2 3. Other offices may be established in accordance with
3 s. 20.04(7)(6). The heads of such offices are exempt from part
4 II of chapter 110. No office or organization shall be created
5 at a level equal to or higher than a division without specific
6 legislative authority.
7 Section 67. Subsection (4) of section 206.46, Florida
8 Statutes, is amended to read:
9 206.46 State Transportation Trust Fund.--
10 (4) The department may authorize the investment of the
11 earnings accrued and collected upon the investment of the
12 minimum balance of funds required to be maintained in the
13 State Transportation Trust Fund pursuant to s.
14 339.135(6)(b)(7)(b). Such investment shall be limited as
15 provided in s. 288.9607(7).
16 Section 68. Section 215.616, Florida Statutes, is
17 created to read:
18 215.616 State bonds for federal aid highway
19 construction.--
20 (1) Upon the request of the Department of
21 Transportation, the Division of Bond Finance is authorized
22 pursuant to s. 11, Art. VII of the State Constitution and the
23 State Bond Act to issue revenue bonds, for and on behalf of
24 the Department of Transportation, for the purpose of financing
25 or refinancing the construction, reconstruction, and
26 improvement of projects that are eligible to receive
27 federal-aid highway funds.
28 (2) Any bonds issued pursuant to this section shall be
29 payable primarily from a prior and superior claim on all
30 federal highway aid reimbursements received each year with
31 respect to federal-aid projects undertaken in accordance with
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the provisions of Title 23 of the United States Code.
2 (3) The term of the bonds shall not exceed a term of
3 12 years. Prior to the issuance of bonds, the Department of
4 Transportation shall determine that annual debt service on all
5 bonds issued pursuant to this section does not exceed 10
6 percent of annual apportionments to the department for federal
7 highway aid in accordance with the provisions of Title 23 of
8 the United States Code.
9 (4) The bonds issued under this section shall not
10 constitute a debt or general obligation of the state or a
11 pledge of the full faith and credit or taxing power of the
12 state. The bonds shall be secured by and are payable from the
13 revenues pledged in accordance with this section and the
14 resolution authorizing their issuance.
15 (5) The state does covenant with the holders of bonds
16 issued under this section that it will not repeal, impair, or
17 amend this section in any manner which will materially and
18 adversely affect the rights of bondholders as long as the
19 bonds authorized by this section are outstanding.
20 (6) Any complaint for such validation of bonds issued
21 pursuant to this section shall be filed in the circuit court
22 of the county where the seat of state government is situated,
23 the notice required to be published by s. 75.06 shall be
24 published only in the county where the complaint is filed, and
25 the complaint and order of the circuit court shall be served
26 only on the state attorney of the circuit in which the action
27 is pending.
28 Section 69. Section 234.112, Florida Statutes, is
29 repealed.
30 Section 70. Paragraph (a) of subsection (7) of section
31 288.9607, Florida Statutes, is amended to read:
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 288.9607 Guaranty of bond issues.--
2 (7)(a) The corporation is authorized to enter into an
3 investment agreement with the Department of Transportation and
4 the State Board of Administration concerning the investment of
5 the earnings accrued and collected upon the investment of the
6 minimum balance of funds required to be maintained in the
7 State Transportation Trust Fund pursuant to s.
8 339.135(6)(b)(7)(b). Such investment shall be limited as
9 follows:
10 1. Not more than $4 million of the investment earnings
11 earned on the investment of the minimum balance of the State
12 Transportation Trust Fund in a fiscal year shall be at risk at
13 any time on one or more bonds or series of bonds issued by the
14 corporation.
15 2. The investment earnings shall not be used to
16 guarantee any bonds issued after June 30, 1998, and in no
17 event shall the investment earnings be used to guarantee any
18 bond issued for a maturity longer than 15 years.
19 3. The corporation shall pay a reasonable fee, set by
20 the State Board of Administration, in return for the
21 investment of such funds. The fee shall not be less than the
22 comparable rate for similar investments in terms of size and
23 risk.
24 4. The proceeds of bonds, or portions thereof, issued
25 by the corporation for which a guaranty has been or will be
26 issued pursuant to s. 288.9606, s. 288.9608, or this section
27 used to make loans to any one person, including any related
28 interests, as defined in s. 658.48, of such person, shall not
29 exceed 20 percent of the principal of all such outstanding
30 bonds of the corporation issued prior to the first composite
31 bond issue of the corporation, or December 31, 1995, whichever
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 comes first, and shall not exceed 15 percent of the principal
2 of all such outstanding bonds of the corporation issued
3 thereafter, in each case determined as of the date of issuance
4 of the bonds for which such determination is being made and
5 taking into account the principal amount of such bonds to be
6 issued. The provisions of this subparagraph shall not apply
7 when the total amount of all such outstanding bonds issued by
8 the corporation is less than $10 million. For the purpose of
9 calculating the limits imposed by the provisions of this
10 subparagraph, the first $10 million of bonds issued by the
11 corporation shall be taken into account.
12 5. The corporation shall establish a debt service
13 reserve account which contains not less than 6 months' debt
14 service reserves from the proceeds of the sale of any bonds,
15 or portions thereof, guaranteed by the corporation.
16 6. The corporation shall establish an account known as
17 the Revenue Bond Guaranty Reserve Account, the Guaranty Fund.
18 The corporation shall deposit a sum of money or other cash
19 equivalents into this fund and maintain a balance of money or
20 cash equivalents in this fund, from sources other than the
21 investment of earnings accrued and collected upon the
22 investment of the minimum balance of funds required to be
23 maintained in the State Transportation Trust Fund, not less
24 than a sum equal to 1 year of maximum debt service on all
25 outstanding bonds, or portions thereof, of the corporation for
26 which a guaranty has been issued pursuant to ss. 288.9606,
27 288.9607, and 288.9608. In the event the corporation fails to
28 maintain the balance required pursuant to this subparagraph
29 for any reason other than a default on a bond issue of the
30 corporation guaranteed pursuant to this section or because of
31 the use by the corporation of any such funds to pay insurance,
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 maintenance, or other costs which may be required for the
2 preservation of any project or other collateral security for
3 any bond issued by the corporation, or to otherwise protect
4 the Revenue Bond Guaranty Reserve Account from loss while the
5 applicant is in default on amortization payments, or to
6 minimize losses to the reserve account in each case in such
7 manner as may be deemed necessary or advisable by the
8 corporation, the corporation shall immediately notify the
9 Department of Transportation of such deficiency. Any
10 supplemental funding authorized by an investment agreement
11 entered into with the Department of Transportation and the
12 State Board of Administration concerning the use of investment
13 earnings of the minimum balance of funds is void unless such
14 deficiency of funds is cured by the corporation within 90 days
15 after the corporation has notified the Department of
16 Transportation of such deficiency.
17 Section 71. Subsection (3) of section 311.09, Florida
18 Statutes, is amended to read:
19 311.09 Florida Seaport Transportation and Economic
20 Development Council.--
21 (3) The council shall prepare a 5-year Florida Seaport
22 Mission Plan defining the goals and objectives of the council
23 concerning the development of port facilities and an
24 intermodal transportation system consistent with the goals of
25 the Florida Transportation Plan developed pursuant to s.
26 339.155. The Florida Seaport Mission Plan shall include
27 specific recommendations for the construction of
28 transportation facilities connecting any port to another
29 transportation mode and for the efficient, cost-effective
30 development of transportation facilities or port facilities
31 for the purpose of enhancing international trade, promoting
111
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 cargo flow, increasing cruise passenger movements, increasing
2 port revenues, and providing economic benefits to the state.
3 The council shall update the 5-year Florida Seaport Mission
4 Plan annually and shall submit the plan no later than February
5 1 of each year to the President of the Senate; the Speaker of
6 the House of Representatives; the Office of Tourism, Trade,
7 and Economic Development; the Department of Transportation;
8 and the Department of Community Affairs. The council shall
9 develop programs, based on an examination of existing programs
10 in Florida and other states, for the training of minorities
11 and secondary school students in job skills associated with
12 employment opportunities in the maritime industry, and report
13 on progress and recommendations for further action to the
14 President of the Senate and the Speaker of the House of
15 Representatives annually, beginning no later than February 1,
16 1991.
17 Section 72. Subsection (16) of section 331.303,
18 Florida Statutes, is amended to read:
19 331.303 Definitions.--
20 (16) "Project" means any development, improvement,
21 property, launch, utility, facility, system, works, road,
22 sidewalk, enterprise, service, or convenience, which may
23 include coordination with Enterprise Florida, Inc. the Florida
24 High Technology and Industry Council, the Board of Regents,
25 and the Space Research Foundation; any rocket, capsule,
26 module, launch facility, assembly facility, operations or
27 control facility, tracking facility, administrative facility,
28 or any other type of space-related transportation vehicle,
29 station, or facility; any type of equipment or instrument to
30 be used or useful in connection with any of the foregoing; any
31 type of intellectual property and intellectual property
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 protection in connection with any of the foregoing including,
2 without limitation, any patent, copyright, trademark, and
3 service mark for, among other things, computer software; any
4 water, wastewater, gas, or electric utility system, plant, or
5 distribution or collection system; any small business
6 incubator initiative, including any startup aerospace company,
7 research and development company, research and development
8 facility, storage facility, and consulting service; or any
9 tourism initiative, including any space experience attraction,
10 space-launch-related activity, and space museum sponsored or
11 promoted by the authority.
12 Section 73. Subsections (1), (4), and (21) of section
13 331.305, Florida Statutes, are amended to read:
14 331.305 Powers of the authority.--The authority shall
15 have the power to:
16 (1) Exercise all powers granted to corporations under
17 the Florida Business General Corporation Act, chapter 607.
18 (4) Review and make recommendations with respect to a
19 strategy to guide and facilitate the future of space-related
20 educational and commercial development. The authority shall
21 in coordination with the Federal Government, private industry,
22 and Florida universities develop a business plan which shall
23 address the expansion of Spaceport Florida locations, space
24 launch capacity, spaceport projects, and complementary
25 activities, which shall include, but not be limited to, a
26 detailed analysis of:
27 (a) The authority and the commercial space industry.
28 (b) Products, services description--potential,
29 technologies, skills.
30 (c) Market research and evaluation--customers,
31 competition, economics.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (d) Marketing plan and strategy.
2 (e) Design and development plan--tasks, difficulties,
3 costs.
4 (f) Manufacturing locations, facilities, and
5 operations plan.
6 (g) Management organization--roles and
7 responsibilities.
8 (h) Overall schedule (monthly).
9 (i) Important risks, assumptions, and problems.
10 (j) Community impact--economic, human development,
11 community development.
12 (k) Financial plan (monthly for first year; quarterly
13 for next 3 years).
14 (l) Proposed authority offering--financing,
15 capitalization, use of funds.
16
17 A final report containing the recommendations and business
18 plan of the authority shall be completed and submitted prior
19 to the 1990 Regular Session of the Legislature, along with any
20 proposed statutory changes and related legislative budget
21 requests required to implement the business plan, to the
22 Governor, the President of the Senate, the Speaker of the
23 House of Representatives, the minority leader of the Senate,
24 and the minority leader of the House of Representatives.
25 (21) Issue revenue bonds, assessment bonds, or any
26 other bonds or obligations authorized by the provisions of
27 this act or any other law, or any combination of the
28 foregoing, and pay all or part of the cost of the acquisition,
29 construction, reconstruction, extension, repair, improvement,
30 or maintenance of any project or combination of projects,
31 including payloads and space flight hardware, and equipment
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 for research, development, and educational activities, to
2 provide for any facility, service, or other activity of the
3 authority, and provide for the retirement or refunding of any
4 bonds or obligations of the authority, or for any combination
5 of the foregoing purposes. Until December 31, 1994, bonds,
6 other than conduit bonds, issued under the authority contained
7 in this act shall not exceed a total of $500 million and must
8 first be approved by a majority of the members of the Governor
9 and Cabinet. The authority must provide 14 days' notice to
10 the presiding officers and appropriations chairs of both
11 houses of the Legislature prior to presenting a bond proposal
12 to the Governor and Cabinet. If either presiding officer or
13 appropriations chair objects to the bonding proposal within
14 the 14-day-notice period, the bond issuance may be approved
15 only by a vote of two-thirds of the members of the Governor
16 and Cabinet.
17 Section 74. Subsection (2) of section 331.308, Florida
18 Statutes, is amended to read:
19 331.308 Board of supervisors.--
20 (2) Initially, the Governor shall appoint four regular
21 members for terms of 3 years or until successors are appointed
22 and qualified and three regular members for terms of 4 years
23 or until successors are appointed and qualified. Thereafter,
24 each such member shall serve a term of 4 years or until a
25 successor is appointed and qualified. The term of each such
26 member shall be construed to commence on the date of
27 appointment and to terminate on June 30 of the year of the end
28 of the term. The terms for such members initially appointed
29 shall be construed to include the time between initial
30 appointment and June 30, 1992, for those appointed for 3-year
31 terms, and June 30, 1993, for those appointed for 4-year
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 terms. No such member shall be allowed to serve an initial
2 3-year term or fill any vacancy for the remainder of a term
3 for less than 4 years. Appointment to the board shall not
4 preclude any such member from holding any other private or
5 public position.
6 Section 75. Subsection (1) of section 331.331, Florida
7 Statutes, is amended to read:
8 331.331 Revenue bonds.--
9 (1) Revenue bonds issued by the authority shall not be
10 deemed revenue bonds issued by the state or its agencies for
11 purposes of s. 11, Art. VII of the State Constitution and ss.
12 215.57-215.83. However, until December 31, 1994, the power of
13 the authority to issue revenue bonds shall be limited as
14 provided in s. 331.305. The authority shall include in its
15 annual report to the Governor and Legislature, as provided in
16 s. 331.310, a summary of the status of existing and proposed
17 bonding projects.
18 Section 76. Paragraph (d) of subsection (25) of
19 section 334.03, Florida Statutes, is amended to read:
20 334.03 Definitions.--When used in the Florida
21 Transportation Code, the term:
22 (25) "State Highway System" means the following, which
23 shall be facilities to which access is regulated:
24 (d) The urban minor arterial mileage on the existing
25 State Highway System as of July 1, 1987, plus additional
26 mileage to comply with the 2-percent requirement as described
27 below. These urban minor arterial routes shall be selected in
28 accordance with s. 335.04(1)(a) and (b).
29
30 However, not less than 2 percent of the public road mileage of
31 each urbanized area on record as of June 30, 1986, shall be
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 included as minor arterials in the State Highway System.
2 Urbanized areas not meeting the foregoing minimum requirement
3 shall have transferred to the State Highway System additional
4 minor arterials of the highest significance in which case the
5 total minor arterials in the State Highway System from any
6 urbanized area shall not exceed 2.5 percent of that area's
7 total public urban road mileage.
8 Section 77. Subsection (5) of section 335.074, Florida
9 Statutes, is amended to read:
10 335.074 Safety inspection of bridges.--
11 (5) The department shall prepare a report of its
12 findings with respect to each such bridge or other structure
13 whereon significant structural deficiencies were discovered
14 and transmit a summary of the findings as part of the report
15 required in s. 334.046(3).
16 Section 78. Section 335.165, Florida Statutes, is
17 repealed.
18 Section 79. Subsection (2) of section 335.182, Florida
19 Statutes, is amended to read:
20 335.182 Regulation of connections to roads on State
21 Highway System; definitions.--
22 (2) The department shall, no later than July 1, 1989,
23 adopt, by rule, administrative procedures for its issuance and
24 modification of access permits, closing of unpermitted
25 connections, and revocation of permits in accordance with this
26 act.
27 Section 80. Paragraphs (a) and (e) of subsection (3)
28 of section 335.188, Florida Statutes, are amended to read:
29 335.188 Access management standards; access control
30 classification system; criteria.--
31 (3) The control classification system shall be
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 developed consistent with the following:
2 (a) The department shall, no later than July 1, 1990,
3 adopt rules setting forth procedures governing the
4 implementation of the access control classification system
5 required by this act. The rule shall provide for input from
6 the entities described in paragraph (b) as well as for public
7 meetings to discuss the access control classification system.
8 Nothing in this act affects the validity of the department's
9 existing or subsequently adopted rules concerning access to
10 the State Highway System. Such rules shall remain in effect
11 until repealed or replaced by the rules required by this act.
12 (e) An access control category shall be assigned to
13 each segment of the State Highway System by July 1, 1993.
14 Section 81. Section 336.01, Florida Statutes, is
15 reenacted to read:
16 336.01 Designation of county road system.--The county
17 road system shall be as defined in s. 334.03(8).
18 Section 82. Subsection (2) of section 336.044, Florida
19 Statutes, is amended to read:
20 336.044 Use of recyclable materials in construction.--
21 (2) The Legislature declares it to be in the public
22 interest to find alternative ways to use certain recyclable
23 materials that currently are part of the solid waste stream
24 and that contribute to problems of declining space in
25 landfills. To determine the feasibility of using certain
26 recyclable materials for paving materials, the department may
27 shall before January 1, 1990, undertake, as part of its
28 currently scheduled projects, demonstration projects using the
29 following materials in road construction:
30 (a) Ground rubber from automobile tires in road
31 resurfacing or subbase materials for roads;
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (b) Ash residue from coal combustion byproducts for
2 concrete and ash residue from waste incineration facilities
3 and oil combustion byproducts for subbase material;
4 (c) Recycled mixed-plastic material for guardrail
5 posts or right-of-way fence posts;
6 (d) Construction steel, including reinforcing rods and
7 I-beams, manufactured from scrap metals disposed of in the
8 state; and
9 (e) Glass, and glass aggregates.
10
11 Within 1 year after the conclusion of the demonstration
12 projects the department shall report to the Governor and the
13 Legislature on the maximum percentage of each recyclable
14 material that can be effectively utilized in road construction
15 projects. Concurrent with the submission of the report the
16 department shall review and modify its standard road and
17 bridge construction specifications to allow and encourage the
18 use of recyclable materials consistent with the findings of
19 the demonstration projects.
20 Section 83. Subsection (7) of section 337.015, Florida
21 Statutes, is amended to read:
22 337.015 Administration of public
23 contracts.--Recognizing that the inefficient and ineffective
24 administration of public contracts inconveniences the
25 traveling public, increases costs to taxpayers, and interferes
26 with commerce, the Legislature hereby determines and declares
27 that:
28 (7) The department in its annual report required in s.
29 334.22(2) shall report how the department complied with this
30 section for the preceding fiscal year.
31 Section 84. Section 337.139, Florida Statutes, is
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 amended to read:
2 337.139 Efforts to encourage awarding contracts to
3 disadvantaged business enterprises.--In implementing chapter
4 90-136, Laws of Florida, the Department of Transportation
5 shall institute procedures to encourage the awarding of
6 contracts for professional services and construction to
7 disadvantaged business enterprises. For the purposes of this
8 section, the term "disadvantaged business enterprise" means a
9 small business concern certified by the Department of
10 Transportation to be owned and controlled by socially and
11 economically disadvantaged individuals as defined by the
12 Surface Transportation and Uniform Relocation Act of 1987.
13 The Department of Transportation shall develop and implement
14 activities to encourage the participation of disadvantaged
15 business enterprises in the contracting process and shall
16 report to the Legislature prior to January 1, 1991, on its
17 efforts to increase disadvantaged business participation.
18 Such efforts may include:
19 (1) Presolicitation or prebid meetings for the purpose
20 of informing disadvantaged business enterprises of contracting
21 opportunities.
22 (2) Written notice to disadvantaged business
23 enterprises of contract opportunities for commodities or
24 contractual and construction services which the disadvantaged
25 business provides.
26 (3) Provision of adequate information to disadvantaged
27 business enterprises about the plans, specifications, and
28 requirements of contracts or the availability of jobs.
29 (4) Breaking large contracts into several
30 single-purpose contracts of a size which may be obtained by
31 certified disadvantaged business enterprises.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 85. Subsection (3) of section 337.29, Florida
2 Statutes, is amended to read:
3 337.29 Vesting of title to roads; liability for
4 torts.--
5 (3) Title to all roads transferred in accordance with
6 the provisions of s. 335.0415 335.04 shall be in the
7 governmental entity to which such roads have been transferred,
8 upon the recording of a right-of-way map by the appropriate
9 governmental entity in the public land records of the county
10 or counties in which such rights-of-way are located. To the
11 extent that sovereign immunity has been waived, liability for
12 torts shall be in the governmental entity having operation and
13 maintenance responsibility as provided in s. 335.0415
14 335.04(2). Except as otherwise provided by law, a
15 municipality shall have the same governmental, corporate, and
16 proprietary powers with relation to any public road or
17 right-of-way within the municipality which has been
18 transferred to another governmental entity pursuant to s.
19 335.0415 335.04 that the municipality has with relation to
20 other public roads and rights-of-way within the municipality.
21 Section 86. Section 137 of chapter 96-320, Laws of
22 Florida, is repealed.
23 Section 87. Subsection (2) of section 337.407, Florida
24 Statutes, is amended to read:
25 337.407 Regulation of signs and lights within
26 rights-of-way.--
27 (2) The department has the authority to direct removal
28 of any sign erected in violation of subsection (1) paragraph
29 (a), in accordance with the provisions of chapter 479.
30 Section 88. Section 338.22, Florida Statutes, is
31 amended to read:
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 338.22 Florida Turnpike Law; short title.--Sections
2 338.22-338.241 338.22-338.244 may be cited as the "Florida
3 Turnpike Law."
4 Section 89. Section 338.221, Florida Statutes, is
5 amended to read:
6 338.221 Definitions of terms used in ss.
7 338.22-338.241 338.22-338.244.--As used in ss. 338.22-338.241
8 338.22-338.244, the following words and terms have the
9 following meanings, unless the context indicates another or
10 different meaning or intent:
11 (1) "Bonds" or "revenue bonds" means notes, bonds,
12 refunding bonds or other evidences of indebtedness or
13 obligations, in either temporary or definitive form, issued by
14 the Division of Bond Finance on behalf of the department and
15 authorized under the provisions of ss. 338.22-338.241
16 338.22-338.244 and the State Bond Act.
17 (2) "Cost," as applied to a turnpike project, includes
18 the cost of acquisition of all land, rights-of-way, property,
19 easements, and interests acquired by the department for
20 turnpike project construction; the cost of such construction;
21 the cost of all machinery and equipment, financing charges,
22 fees, and expenses related to the financing; establishment of
23 reserves to secure bonds; interest prior to and during
24 construction and for such period after completion of
25 construction as shall be determined by the department; the
26 cost of traffic estimates and of engineering and legal
27 expenses, plans, specifications, surveys, estimates of cost
28 and revenues; other expenses necessary or incident to
29 determining the feasibility or practicability of acquiring or
30 constructing any such turnpike project; administrative
31 expenses; and such other expenses as may be necessary or
122
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 incident to the acquisition or construction of a turnpike
2 project, the financing of such acquisition or construction,
3 and the placing of the turnpike project in operation.
4 (3) "Feeder road" means any road no more than 5 miles
5 in length, connecting to the turnpike system which the
6 department determines is necessary to create or facilitate
7 access to a turnpike project.
8 (4) "Owner" includes any person or any governmental
9 entity that has title to, or an interest in, any property,
10 right, easement, or interest authorized to be acquired
11 pursuant to ss. 338.22-338.241 338.22-338.244.
12 (5) "Revenues" means all tolls, charges, rentals,
13 gifts, grants, moneys, and other funds coming into the
14 possession, or under the control, of the department by virtue
15 of the provisions hereof, except the proceeds from the sale of
16 bonds issued under ss. 338.22-338.241 338.22-338.244.
17 (6) "Turnpike system" means those limited access toll
18 highways and associated feeder roads and other structures,
19 appurtenances, or rights previously designated, acquired, or
20 constructed pursuant to the Florida Turnpike Law and such
21 other additional turnpike projects as may be acquired or
22 constructed as approved by the Legislature.
23 (7) "Turnpike improvement" means any betterment
24 necessary or desirable for the operation of the turnpike
25 system, including, but not limited to, widenings, the addition
26 of interchanges to the existing turnpike system, resurfacings,
27 toll plazas, machinery, and equipment.
28 (8) "Economically feasible" means:
29 (a) For a proposed turnpike project, that, as
30 determined by the department before the issuance of revenue
31 bonds for the project, the estimated net revenues of the
123
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 proposed turnpike project, excluding feeder roads and turnpike
2 improvements, will be sufficient to pay at least 50 percent of
3 the debt service on the bonds by the end of the 5th year of
4 operation and to pay at least 100 percent of the debt service
5 on the bonds by the end of the 15th year of operation. In
6 implementing this paragraph, up to 50 percent of the adopted
7 work program costs of the project may be funded from turnpike
8 revenues.
9 (b) For turnpike projects, except for feeder roads and
10 turnpike improvements, financed from revenues of the turnpike
11 system, such project, or such group of projects, originally
12 financed from revenues of the turnpike system, that the
13 project is expected to generate sufficient revenues to
14 amortize project costs within 15 years of opening to traffic.
15
16 This subsection does not prohibit the pledging of revenues
17 from the entire turnpike system to bonds issued to finance or
18 refinance a turnpike project or group of turnpike projects.
19 (9) "Turnpike project" means any extension to or
20 expansion of the existing turnpike system and new limited
21 access toll highways and associated feeder roads and other
22 structures, interchanges, appurtenances, or rights as may be
23 approved in accordance with the Florida Turnpike Law.
24 (10) "Statement of environmental feasibility" means a
25 statement by the Department of Environmental Protection of the
26 project's significant environmental impacts.
27 Section 90. Section 338.222, Florida Statutes, is
28 reenacted to read:
29 338.222 Department of Transportation sole governmental
30 entity to acquire, construct, or operate turnpike projects;
31 exception.--
124
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 (1) No governmental entity other than the department
2 may acquire, construct, maintain, or operate the turnpike
3 system subsequent to the enactment of this law, except upon
4 specific authorization of the Legislature.
5 (2) The department may contract with any local
6 governmental entity as defined in s. 334.03(14) for the
7 design, right-of-way acquisition, or construction of any
8 turnpike project which the Legislature has approved. Local
9 governmental entities may negotiate with the department for
10 the design, right-of-way acquisition, and construction of any
11 section of the turnpike project within areas of their
12 respective jurisdictions or within counties with which they
13 have interlocal agreements.
14 Section 91. Section 338.223, Florida Statutes, is
15 reenacted and amended to read:
16 338.223 Proposed turnpike projects.--
17 (1)(a) Any proposed project to be constructed or
18 acquired as part of the turnpike system and any turnpike
19 improvement shall be included in the tentative work program.
20 No proposed project or group of proposed projects shall be
21 added to the turnpike system unless such project or projects
22 are determined to be economically feasible and a statement of
23 environmental feasibility has been completed for such project
24 or projects and such projects are determined to be consistent,
25 to the maximum extent feasible, with approved local government
26 comprehensive plans of the local governments in which such
27 projects are located. The department may authorize engineering
28 studies, traffic studies, environmental studies, and other
29 expert studies of the location, costs, economic feasibility,
30 and practicality of proposed turnpike projects throughout the
31 state and may proceed with the design phase of such projects.
125
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 The department shall not request legislative approval of a
2 proposed turnpike project until the design phase of that
3 project is at least 60 percent complete. If a proposed
4 project or group of proposed projects is found to be
5 economically feasible, consistent, to the maximum extent
6 feasible, with approved local government comprehensive plans
7 of the local governments in which such projects are located,
8 and a favorable statement of environmental feasibility has
9 been completed, the department, with the approval of the
10 Legislature, shall, after the receipt of all necessary
11 permits, construct, maintain, and operate such turnpike
12 projects.
13 (b) Any proposed turnpike project or improvement shall
14 be developed in accordance with the Florida Transportation
15 Plan and the work program pursuant to s. 339.135. Turnpike
16 projects that add capacity, alter access, affect feeder roads,
17 or affect the operation of the local transportation system
18 shall be included in the transportation improvement plan of
19 the affected metropolitan planning organization. If such
20 turnpike project does not fall within the jurisdiction of a
21 metropolitan planning organization, the department shall
22 notify the affected county and provide for public hearings in
23 accordance with s. 339.155(6)(c).
24 (c) Prior to requesting legislative approval of a
25 proposed turnpike project, the environmental feasibility of
26 the proposed project shall be reviewed by the Department of
27 Environmental Protection. The department shall submit its
28 Project Development and Environmental Report to the Department
29 of Environmental Protection, along with a draft copy of a
30 public notice. Within 14 days of receipt of the draft public
31 notice, the Department of Environmental Protection shall
126
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 return the draft public notice to the Department of
2 Transportation with an approval of the language or
3 modifications to the language. Upon receipt of the approved or
4 modified draft, or if no comments are provided within 14 days,
5 the Department of Transportation shall publish the notice in a
6 newspaper to provide a 30-day public comment period. The
7 headline of the required notice shall be in a type no smaller
8 than 18 point. The notice shall be placed in that portion of
9 the newspaper where legal notices appear. The notice shall be
10 published in a newspaper of general circulation in the county
11 or counties of general interest and readership in the
12 community as provided in s. 50.031, not one of limited subject
13 matter. Whenever possible, the notice shall appear in a
14 newspaper that is published at least 5 days a week. The notice
15 shall include, but is not limited to, the following
16 information:
17 1. The purpose of the notice is to provide for a
18 30-day period for written public comments on the environmental
19 impacts of a proposed turnpike project.
20 2. The name and description of the project, along with
21 a geographic location map clearly indicating the area where
22 the proposed project will be located.
23 3. The address where such comments must be sent and
24 the date such comments are due.
25
26 After a review of the department's report and any public
27 comments, the Department of Environmental Protection shall
28 submit a statement of environmental feasibility to the
29 department within 30 days after the date on which public
30 comments are due. The notice and the statement of
31 environmental feasibility shall not give rise to any rights to
127
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 a hearing or other rights or remedies provided pursuant to
2 chapter 120 or chapter 403, and shall not bind the Department
3 of Environmental Protection in any subsequent environmental
4 permit review.
5 (2)(a) Subject to the provisions of s. 338.228, the
6 department is authorized to expend, out of any funds available
7 for the purpose, such moneys as may be necessary for studies,
8 preliminary engineering, construction, right-of-way
9 acquisition, and construction engineering inspection of any
10 turnpike project and is authorized to use its engineering and
11 other resources for such purposes.
12 (b) In accordance with the legislative intent
13 expressed in s. 337.273, the department may acquire lands and
14 property before making a final determination of the economic
15 feasibility of a project. The cost of advance acquisition of
16 right-of-way may be paid from bonds issued under s. 337.276 or
17 from turnpike revenues.
18 (3) All obligations and expenses incurred by the
19 department under this section shall be paid by the department
20 and charged to the appropriate turnpike project. The
21 department shall keep proper records and accounts showing each
22 amount that is so charged. All obligations and expenses so
23 incurred shall be treated as part of the cost of such project
24 and shall be reimbursed to the department out of turnpike
25 revenues or out of the bonds authorized under ss.
26 338.22-338.241 338.22-338.244 except when such reimbursement
27 is prohibited by state or federal law.
28 (4) The department is authorized, with the approval of
29 the Legislature, to use federal and state transportation funds
30 to lend or pay a portion of the operating, maintenance, and
31 capital costs of turnpike projects. Federal and state
128
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transportation funds included in an adopted work program, or
2 the General Appropriations Act, for a turnpike project do not
3 have to be reimbursed to the State Transportation Trust Fund,
4 or used in determining the economic feasibility of the
5 proposed project. For operating and maintenance loans, the
6 maximum net loan amount in any fiscal year shall not exceed
7 0.5 percent of state transportation tax revenues for that
8 fiscal year.
9 Section 92. Section 338.225, Florida Statutes, is
10 amended to read:
11 338.225 Taking of public road for feeder road.--Before
12 taking over any existing public road for maintenance and
13 operation as a feeder road, the department shall obtain the
14 consent of the governmental entity then exercising
15 jurisdiction over the road, which governmental entity is
16 authorized to give such consent by resolution. Each feeder
17 road or portion of a feeder road acquired, constructed, or
18 taken over under this section for maintenance and operation
19 shall, for all purposes of ss. 338.22-338.241 338.22-338.244,
20 be deemed to constitute a part of the turnpike system, except
21 that no toll shall be charged for transit between points on
22 such feeder road.
23 Section 93. Subsection (2) of section 338.227, Florida
24 Statutes, is amended to read:
25 338.227 Turnpike revenue bonds.--
26 (2) The proceeds of the bonds of each issue shall be
27 used solely for the payment of the cost of the turnpike
28 projects for which such bonds shall have been issued, except
29 as provided in the State Bond Act. Such proceeds shall be
30 disbursed and used as provided by ss. 338.22-338.241
31 338.22-338.244 and in such manner and under such restrictions,
129
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 if any, as the Division of Bond Finance may provide in the
2 resolution authorizing the issuance of such bonds or in the
3 trust agreement hereinafter mentioned securing the same. All
4 revenues and bond proceeds from the turnpike system received
5 by the department pursuant to ss. 338.22-338.241
6 338.22-338.244, the Florida Turnpike Law, shall be used only
7 for the cost of turnpike projects and turnpike improvements
8 and for the administration, operation, maintenance, and
9 financing of the turnpike system. No revenues or bond proceeds
10 from the turnpike system shall be spent for the operation,
11 maintenance, construction, or financing of any project which
12 is not part of the turnpike system.
13 Section 94. Section 338.228, Florida Statutes, is
14 amended to read:
15 338.228 Bonds not debts or pledges of credit of
16 state.--Turnpike revenue bonds issued under the provisions of
17 ss. 338.22-338.241 338.22-338.244 are not debts of the state
18 or pledges of the faith and credit of the state. Such bonds
19 are payable exclusively from revenues pledged for their
20 payment. All such bonds shall contain a statement on their
21 face that the state is not obligated to pay the same or the
22 interest thereon, except from the revenues pledged for their
23 payment, and that the faith and credit of the state is not
24 pledged to the payment of the principal or interest of such
25 bonds. The issuance of turnpike revenue bonds under the
26 provisions of ss. 338.22-338.241 338.22-338.244 does not
27 directly, indirectly, or contingently obligate the state to
28 levy or to pledge any form of taxation whatsoever, or to make
29 any appropriation for their payment. Except as provided in
30 ss. 338.001, 338.223, and 338.2275, no state funds shall be
31 used on any turnpike project or to pay the principal or
130
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 interest of any bonds issued to finance or refinance any
2 portion of the turnpike system, and all such bonds shall
3 contain a statement on their face to this effect.
4 Section 95. Section 338.229, Florida Statutes, is
5 amended to read:
6 338.229 Pledge to bondholders not to restrict certain
7 rights of department.--The state does pledge to, and agree
8 with, the holders of the bonds issued pursuant to ss.
9 338.22-338.241 338.22-338.244 that the state will not limit or
10 restrict the rights vested in the department to construct,
11 reconstruct, maintain, and operate any turnpike project as
12 defined in ss. 338.22-338.241 338.22-338.244 or to establish
13 and collect such tolls or other charges as may be convenient
14 or necessary to produce sufficient revenues to meet the
15 expenses of maintenance and operation of the turnpike system
16 and to fulfill the terms of any agreements made with the
17 holders of bonds authorized by this act and that the state
18 will not in any way impair the rights or remedies of the
19 holders of such bonds until the bonds, together with interest
20 on the bonds, are fully paid and discharged.
21 Section 96. Subsections (6) and (7) of section
22 338.231, Florida Statutes, are amended to read:
23 338.231 Turnpike tolls, fixing; pledge of tolls and
24 other revenues.--The department shall at all times fix,
25 adjust, charge, and collect such tolls for the use of the
26 turnpike system as are required in order to provide a fund
27 sufficient with other revenues of the turnpike system to pay
28 the cost of maintaining, improving, repairing, and operating
29 such turnpike system; to pay the principal of and interest on
30 all bonds issued to finance or refinance any portion of the
31 turnpike system as the same become due and payable; and to
131
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 create reserves for all such purposes.
2 (6) In each fiscal year while any of the bonds of the
3 Broward County Expressway Authority series 1984 and series
4 1986-A remain outstanding, the department is authorized to
5 pledge revenues from the turnpike system to the payment of
6 principal and interest of such series of bonds, the repayment
7 of Broward County gasoline tax funds as provided in s.
8 338.2275(3)(4), and the operation and maintenance expenses of
9 the Sawgrass Expressway, to the extent gross toll revenues of
10 the Sawgrass Expressway are insufficient to make such
11 payments. The terms of an agreement relative to the pledge of
12 turnpike system revenue will be negotiated with the parties of
13 the 1984 and 1986 Broward County Expressway Authority
14 lease-purchase agreements, and subject to the covenants of
15 those agreements. The agreement shall establish that the
16 Sawgrass Expressway shall be subject to the planning,
17 management, and operating control of the department limited
18 only by the terms of the lease-purchase agreements. The
19 department shall provide for the payment of operation and
20 maintenance expenses of the Sawgrass Expressway until such
21 agreement is in effect. This pledge of turnpike system
22 revenues shall be subordinate to the debt service requirements
23 of any future issue of turnpike bonds, the payment of turnpike
24 system operation and maintenance expenses, and subject to
25 provisions of any subsequent resolution or trust indenture
26 relating to the issuance of such turnpike bonds.
27 (7) The use and disposition of revenues pledged to
28 bonds are subject to the provisions of ss. 338.22-338.241
29 338.22-338.244 and such regulations as the resolution
30 authorizing the issuance of such bonds or such trust agreement
31 may provide.
132
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Section 97. 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 98. 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
133
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
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 99. 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 100. Section 339.091, Florida Statutes, is
21 repealed.
22 Section 101. Paragraph (e) of subsection (7) of
23 section 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),
134
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
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 102. Sections 339.145 and 339.147, Florida
19 Statutes, are repealed.
20 Section 103. 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
135
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
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 104. Paragraph (a) of subsection (7) of
17 section 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
136
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
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 105. Paragraph (g) of subsection (2) of
18 section 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 106. 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 (a) The department is authorized to receive federal
137
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 grants or apportionments for public transit projects in this
2 state.
3 (b) Local governmental entities are authorized to
4 receive federal grants or apportionments for public transit
5 and commuter assistance projects. In addition, the provisions
6 of s. 337.403 notwithstanding, if the relocation of utility
7 facilities is necessitated by the construction of a
8 fixed-guideway public transit project and the utilities
9 relocation is approved as a part of the project by a
10 participating federal agency (if eligible for federal matching
11 reimbursement), then any county chartered under s. 6(e), Art.
12 VIII of the State Constitution shall pay at least 50 percent
13 of the nonfederal share of the cost attributable to such
14 relocation after deducting therefrom any increase in the value
15 of the new facility and any salvage value derived from the old
16 facility. The balance of the nonfederal share shall be paid
17 by the utility.
18 (2) PUBLIC TRANSIT PLAN.--
19 (a) The department shall prepare a public transit plan
20 which shall be included in the tentative work program of the
21 department prepared pursuant to s. 339.135(4). The provisions
22 of s. 339.135 apply to public transit projects in the same
23 manner that they apply to other transportation facility
24 construction projects. Any planned department participation
25 shall be in accordance with subsection (5).
26 (b) The public transit plan shall be consistent with
27 the local plans developed in accordance with the comprehensive
28 transportation planning process. Projects that involve funds
29 administered by the department, and that will be undertaken
30 and implemented by another public agency, shall be included in
31 the public transit plan upon the request of that public
138
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 agency, providing such project is eligible under the
2 requirements established herein and subject to estimated
3 availability of funds. Projects so included in the plan shall
4 not be altered or removed from priority status without notice
5 to the public agency or local governmental entities involved.
6 (3) APPROPRIATION REQUESTS.--
7 (a) Public transit funds shall be requested on the
8 basis of the funding required for the public transit plan.
9 Appropriation requests shall identify each public transit
10 project calling for a state expenditure of $500,000 or more.
11 (b) Public transit service development projects and
12 transit corridor projects shall be individually identified in
13 the appropriation request by the department. Such request
14 shall show a breakdown of funds showing capital and operating
15 expense.
16 (c) Unless otherwise authorized by the Legislature,
17 the department is prohibited from entering into any agreement
18 or contract for a public transit project which would result in
19 the ultimate expenditure or commitment of state funds in
20 excess of $5 million.
21 (4) PROJECT ELIGIBILITY.--
22 (a) Any project that is necessary to meet the program
23 objectives enumerated in s. 341.041, that conforms to the
24 provisions of this section, and that is contained in the local
25 transportation improvement program and the adopted work
26 program of the department is eligible for the expenditure of
27 state funds for transit purposes.
28 1. The project shall be a project for service or
29 transportation facilities provided by the department under the
30 provisions of this act, a public transit capital project, a
31 commuter assistance project, a public transit service
139
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 development project, or a transit corridor project.
2 2. The project must be approved by the department as
3 being consistent with the criteria established pursuant to the
4 provisions of this act.
5 (b) Such expenditures shall be in accordance with the
6 fund participation rates and the criteria established in this
7 section for project development and implementation, and are
8 subject to approval by the department as being consistent with
9 the Florida Transportation Plan and regional transportation
10 goals and objectives.
11 (c) Unless otherwise authorized by the Legislature,
12 the department is prohibited from entering into any agreement
13 or contract for a public transit project which would result in
14 the ultimate expenditure or commitment of state funds in
15 excess of $5 million.
16 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
17 (a) The department may fund up to 50 percent of the
18 nonfederal share of the costs, not to exceed the local share,
19 of any eligible public transit capital project or commuter
20 assistance project that is local in scope; except, however,
21 that departmental participation in the final design,
22 right-of-way acquisition, and construction phases of an
23 individual fixed-guideway project which is not approved for
24 federal funding shall not exceed an amount equal to 12.5
25 percent of the total cost of each phase.
26 (b) The Department of Transportation shall develop a
27 major capital investment policy which shall include policy
28 criteria and guidelines for the expenditure or commitment of
29 state funds for public transit capital projects. The policy
30 shall include the following:
31 1. Methods to be used to determine consistency of a
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 transit project with the approved local government
2 comprehensive plans of the units of local government in which
3 the project is located.
4 2. Methods for evaluating the level of local
5 commitment to a transit project, which is to be demonstrated
6 through system planning and the development of a feasible plan
7 to fund operating cost through fares, value capture techniques
8 such as joint development and special districts, or other
9 local funding mechanisms.
10 3. Methods for evaluating alternative transit systems
11 including an analysis of technology and alternative methods
12 for providing transit services in the corridor.
13
14 The department shall present such investment policy to both
15 the Senate Transportation Committee and the House Public
16 Transportation Committee along with recommended legislation by
17 March 1, 1991.
18 (c) The department is authorized to fund up to 100
19 percent of the cost of any eligible transit capital project or
20 commuter assistance project that is statewide in scope or
21 involves more than one county where no other governmental
22 entity or appropriate jurisdiction exists.
23 (d) The department is authorized to advance up to 80
24 percent of the capital cost of any eligible project that will
25 assist Florida's transit systems in becoming fiscally
26 self-sufficient. Such advances shall be reimbursed to the
27 department on an appropriate schedule not to exceed 5 years
28 after the date of provision of the advances.
29 (e) The department is authorized to fund up to 100
30 percent of the capital and net operating costs of statewide
31 transit service development projects or transit corridor
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 projects. All transit service development projects shall be
2 specifically identified by way of a departmental appropriation
3 request, and transit corridor projects shall be identified as
4 part of the planned improvements on each transportation
5 corridor designated by the department. The project
6 objectives, the assigned operational and financial
7 responsibilities, the timeframe required to develop the
8 required service, and the criteria by which the success of the
9 project will be judged shall be documented by the department
10 for each such transit service development project or transit
11 corridor project.
12 (f) The department is authorized to fund up to 50
13 percent of the capital and net operating costs of transit
14 service development projects that are local in scope and that
15 will improve system efficiencies, ridership, or revenues. All
16 such projects shall be identified in the appropriation request
17 of the department through a specific program of projects, as
18 provided for in s. 341.041, that is selectively applied in the
19 following functional areas and is subject to the specified
20 times of duration:
21 1. Improving system operations, including, but not
22 limited to, realigning route structures, increasing system
23 average speed, decreasing deadhead mileage, expanding area
24 coverage, and improving schedule adherence, for a period of up
25 to 3 years;
26 2. Improving system maintenance procedures, including,
27 but not limited to, effective preventive maintenance programs,
28 improved mechanics training programs, decreasing service
29 repair calls, decreasing parts inventory requirements, and
30 decreasing equipment downtime, for a period of up to 3 years;
31 3. Improving marketing and consumer information
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 programs, including, but not limited to, automated information
2 services, organized advertising and promotion programs, and
3 signing of designated stops, for a period of up to 2 years;
4 and
5 4. Improving technology involved in overall
6 operations, including, but not limited to, transit equipment,
7 fare collection techniques, electronic data processing
8 applications, and bus locators, for a period of up to 2 years.
9
10 For purposes of this section, the term "net operating costs"
11 means all operating costs of a project less any federal funds,
12 fares, or other sources of income to the project.
13 Section 107. Subsection (1) of section 341.321,
14 Florida Statutes, is reenacted to read:
15 341.321 Development of high-speed rail transportation
16 system; legislative findings, policy, purpose, and intent.--
17 (1) The intent of ss. 341.3201-341.386 is to further
18 and advance the goals and purposes of the 1984 High Speed Rail
19 Transportation Commission Act; to ensure a harmonious
20 relationship between that act and the various growth
21 management laws enacted by the Legislature including the Local
22 Government Comprehensive Planning and Land Development
23 Regulation Act, ss. 163.3161-163.3215, the Florida State
24 Comprehensive Planning Act of 1972, as amended, ss.
25 186.001-186.031, the Florida Regional Planning Council Act,
26 ss. 186.501-186.513, and the State Comprehensive Plan, chapter
27 187; to promote the implementation of these acts in an
28 effective manner; and to encourage and enhance the
29 establishment of a high-speed rail transportation system
30 connecting the major urban areas of the state as expeditiously
31 as is economically feasible. Furthermore, it is the intent of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 the Legislature that any high-speed rail line and transit
2 station be consistent to the maximum extent feasible with
3 local comprehensive plans, and that any other development
4 associated with the rail line and transit station shall
5 ultimately be consistent with comprehensive plans. The
6 Legislature therefore reaffirms these enactments and further
7 finds:
8 (a) That the implementation of a high-speed rail
9 transportation system in the state will result in overall
10 social and environmental benefits, improvements in ambient air
11 quality, better protection of water quality, greater
12 preservation of wildlife habitat, less use of open space, and
13 enhanced conservation of natural resources and energy.
14 (b) That a high-speed rail transportation system, when
15 used in conjunction with sound land use planning, becomes a
16 vigorous force in achieving growth management goals and in
17 encouraging the use of public transportation to augment and
18 implement land use and growth management goals and objectives.
19 (c) That urban and social benefits include
20 revitalization of blighted or economically depressed areas,
21 the redirection of growth in a carefully and comprehensively
22 planned manner, and the creation of numerous employment
23 opportunities within inner-city areas.
24 (d) That transportation benefits include improved
25 travel times and more reliable travel, hence increased
26 productivity. High-speed rail is far safer than other modes of
27 transportation and, therefore, travel-related deaths and
28 injuries can be reduced, and millions of dollars can be saved
29 from avoided accidents.
30 Section 108. Subsection (2) of section 341.3333,
31 Florida Statutes, is amended to read:
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 341.3333 Application for franchise; confidentiality of
2 application and trade secrets.--
3 (2) Each applicant, in response to the request for
4 proposals, shall file its application with the department at
5 the location and within the time and date limitations
6 specified in the request for proposals. Applications filed
7 before the deadline shall be kept sealed by the department
8 until the time and date specified for opening. Such sealed
9 applications shall be confidential and exempt from the
10 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
11 Constitution until such time as the department provides notice
12 of a decision or intended decision pursuant to s. 120.57(3)(a)
13 or until 10 days after application opening, whichever is
14 earlier. Thereafter, the applications are public. However,
15 the applicant may segregate the trade secret portions of the
16 application and request that the department maintain those
17 portions as confidential and exempt from the provisions of s.
18 119.07(1) and s. 24(a), Art. I of the State Constitution. Upon
19 award of a franchise, the franchisee may segregate portions of
20 materials required to be submitted by the department and
21 request that the department maintain those portions as
22 confidential and exempt from the provisions of s. 119.07(1)
23 and s. 24(a), Art. I of the State Constitution. Such portions
24 designated by an applicant or by the franchisee shall remain
25 confidential and exempt from the provisions of s. 119.07(1)
26 only if the department finds that the information satisfies
27 the criteria established in s. 119.15(4)(b)3. 119.14(4)(b)3.
28 Section 109. Paragraphs (a) and (c) of subsection (2)
29 of section 341.352, Florida Statutes, are amended to read:
30 341.352 Certification hearing.--
31 (2)(a) The parties to the certification proceeding
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 are:
2 1. The franchisee.
3 2. The Department of Commerce.
4 2.3. The Department of Environmental Protection.
5 3.4. The Department of Transportation.
6 4.5. The Department of Community Affairs.
7 5.6. The Game and Fresh Water Fish Commission.
8 6.7. Each water management district.
9 7.8. Each local government.
10 8.9. Each regional planning council.
11 9.10. Each metropolitan planning organization.
12 (c) Notwithstanding the provisions of chapter 120 to
13 the contrary, after the filing with the administrative law
14 judge of a notice of intent to be a party by an agency or
15 corporation or association described in subparagraph 1. or
16 subparagraph 2., or a petition for intervention by a person
17 described in subparagraph 3., no later than 30 days prior to
18 the date set for the certification hearing, any of the
19 following entities also shall be a party to the proceeding:
20 1. Any state agency not listed in paragraph (a), as to
21 matters within its jurisdiction.
22 2. Any domestic nonprofit corporation or association
23 that is formed, in whole or in part, to promote conservation
24 of natural beauty; to protect the environment, personal
25 health, or other biological values; to preserve historical
26 sites; to promote consumer interests; to represent labor,
27 commercial, or industrial groups; to promote economic
28 development; or to promote the orderly development, or
29 maintain the residential integrity, of the area in which the
30 proposed high-speed rail transportation system is to be
31 located.
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 3. Any person whose substantial interests are affected
2 and being determined by the proceeding.
3 Section 110. Subsection (3) of section 343.64, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 343.64 Powers and duties.--
6 (3) The authority shall, by February 1, 1993, develop
7 and adopt a plan for the development of the Central Florida
8 Commuter Rail. Such plan shall address the authority's plan
9 for the development of public and private revenue sources,
10 funding of capital and operating costs, the service to be
11 provided, and the extent to which counties within the area of
12 operation of the authority are to be served. The plan shall
13 be reviewed and updated annually. The plan shall be
14 consistent, to the maximum extent feasible, with the approved
15 local government comprehensive plans of the units of local
16 government served by the authority.
17 Section 111. Subsection (3) of section 343.74, Florida
18 Statutes, is amended to read:
19 343.74 Powers and duties.--
20 (3) The authority shall, by February 1, 1992, develop
21 and adopt a plan for the development of the Tampa Bay Commuter
22 Rail or Commuter Ferry Service. Such plan shall address the
23 authority's plan for the development of public and private
24 revenue sources, funding of operating and capital costs, the
25 service to be provided and the extent to which counties within
26 the authority are to be served. The plan shall be reviewed and
27 updated annually. Such plan shall be consistent, to the
28 maximum extent feasible, with the approved local government
29 comprehensive plan of the units of local government served by
30 the authority.
31 Section 112. Paragraph (c) of subsection (2) of
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 section 348.0005, Florida Statutes, is amended to read:
2 348.0005 Bonds.--
3 (2)
4 (c) Said bonds shall be sold by the authority at
5 public sale by competitive bid. However, if the authority,
6 after receipt of a written recommendation from a financial
7 adviser, shall determine by official action after public
8 hearing by a two-thirds vote of all voting members of the
9 authority that a negotiated sale of the bonds is in the best
10 interest of the authority, the authority may negotiate for
11 sale of the bonds with the underwriter or underwriters
12 designated by the authority and the county in which the
13 authority exists. The authority shall provide specific
14 findings in a resolution as to the reasons requiring the
15 negotiated sale, which resolution shall incorporate and have
16 attached thereto the written recommendation of the financial
17 adviser required by this subsection (4).
18 Section 113. Section 348.0009, Florida Statutes, is
19 amended to read:
20 348.0009 Cooperation with other units, boards,
21 agencies, and individuals.--Express authority and power is
22 given and granted to any county, municipality, drainage
23 district, road and bridge district, school district, or other
24 political subdivision, board, commission, or individual in or
25 of this state to enter into contracts, leases, conveyances, or
26 other agreements within the provisions and purposes of the
27 Florida Expressway Authority Act with an authority. An
28 authority may enter into contracts, leases, conveyances, and
29 other agreements, to the extent consistent with chapters 334,
30 335, 338, and 339, and 340, and other provisions of the laws
31 of the state and with 23 U.S.C. ss. 101 et seq., with any
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Bill No. HB 591, 2nd Eng.
Amendment No.
1 political subdivision, agency, or instrumentality of the state
2 and any and all federal agencies, corporations, and
3 individuals, for the purpose of carrying out the provisions of
4 the Florida Expressway Authority Act.
5 Section 114. Section 348.248, Florida Statutes, is
6 amended to read:
7 348.248 Cooperation with other units, boards,
8 agencies, and individuals.--Express authority and power is
9 given and granted to any county, municipality, drainage
10 district, road and bridge district, school district, or other
11 political subdivision, board, commission, or individual in or
12 of this state to make and enter into contracts, leases,
13 conveyances, or other agreements within the provisions and
14 purposes of this part with the authority. The authority is
15 expressly authorized to make and enter into contracts, leases,
16 conveyances, and other agreements, to the extent consistent
17 with chapters 334, 335, 338, and 339, and 340 and other
18 provisions of the laws of this state and with 23 U.S.C. ss.
19 101 et seq., with any political subdivision, agency, or
20 instrumentality of this state and any and all federal
21 agencies, corporations, and individuals, for the purpose of
22 carrying out the provisions of this part.
23 Section 115. Section 348.948, Florida Statutes, is
24 amended to read:
25 348.948 Cooperation with other units, boards,
26 agencies, and individuals.--Express authority and power is
27 given and granted to any county, municipality, drainage
28 district, road and bridge district, school district, or other
29 political subdivision, board, commission, or individual in or
30 of this state to make and enter into contracts, leases,
31 conveyances, or other agreements within the provisions and
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 purposes of this part with the authority. The authority is
2 expressly authorized to make and enter into contracts, leases,
3 conveyances, and other agreements, to the extent consistent
4 with chapters 334, 335, 338, and 339, and 340 and other
5 provisions of the laws of this state and with 23 U.S.C. ss.
6 101 et seq., with any political subdivision, agency, or
7 instrumentality of this state and any and all federal
8 agencies, corporations, and individuals, for the purpose of
9 carrying out the provisions of this part.
10 Section 116. Subsection (3) of section 349.05, Florida
11 Statutes, is amended to read:
12 349.05 Bonds of the authority.--
13 (3) The authority may employ fiscal agents as provided
14 by this chapter or the State Board of Administration may, upon
15 request by the authority, act as fiscal agent for the
16 authority in the issuance of any bonds that may be issued
17 pursuant to this chapter part, and the State Board of
18 Administration may, upon request by the authority, take over
19 the management, control, administration, custody, and payment
20 of any or all debt services or funds or assets now or
21 hereafter available for any bonds issued pursuant to this
22 chapter part. The authority may enter into deeds of trust,
23 indentures, or other agreements with its fiscal agent, or with
24 any bank or trust company within or without the state, as
25 security for such bonds, and may, under such agreements,
26 assign and pledge all or any of the revenues, rates, fees,
27 rentals, or other charges or receipts of the authority,
28 including all or any portion of the Duval County gasoline tax
29 funds received by the authority pursuant to the terms of any
30 lease-purchase agreement between the authority and the
31 department, thereunder. Such deed of trust, indenture, or
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 other agreement, may contain such provisions as is customary
2 in such instruments or, as the authority may authorize,
3 including, but without limitation, provisions as to:
4 (a) The completion, improvement, operation, extension,
5 maintenance, repair, and lease of, or lease-purchase agreement
6 relating to, the Jacksonville Expressway System, and the
7 duties of the authority and others, including the department,
8 with reference thereto;
9 (b) The application of funds and the safeguarding of
10 funds on hand or on deposit;
11 (c) The rights and remedies of the trustee and the
12 holders of the bonds; and
13 (d) The terms and provisions of the bonds or the
14 resolutions authorizing the issuance of the same.
15 Section 117. Section 378.411, Florida Statutes, is
16 amended to read:
17 378.411 Certification to receive notices of intent to
18 mine, to review and to inspect for compliance.--
19 (1) By petition to the secretary, a local government
20 or the Department of Transportation may request certification
21 to receive notices of intent to mine, to review, and to
22 conduct compliance inspections.
23 (2) In deciding whether to grant certification to a
24 local government, the secretary shall determine whether the
25 following criteria are being met:
26 (a) The petitioning local government has adopted and
27 effectively implemented a local government comprehensive plan.
28 (b) The local government has adequate review
29 procedures and the financial and staffing resources necessary
30 to assume responsibility for adequate review and inspection.
31 (c) The local government has a record of effectively
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 reviewing, inspecting, and enforcing compliance with local
2 ordinances and state laws.
3 (3) In deciding whether to grant certification to the
4 Department of Transportation, the secretary shall request all
5 information necessary to determine the capability of the
6 Department of Transportation to meet the requirements of this
7 part.
8 (3)(4) In making his or her determination, the
9 secretary shall consult with the Department of Community
10 Affairs, the appropriate regional planning council, and the
11 appropriate water management district.
12 (4)(5) The secretary shall evaluate the performance of
13 a local government or the Department of Transportation on a
14 regular basis to ensure compliance with this section. All or
15 part of the certification may be rescinded if the secretary
16 determines that the certification is not being carried out
17 pursuant to the requirements of this part.
18 (5)(6) The department shall establish the
19 certification procedure by rule.
20 Section 118. Paragraph (b) of subsection (1) of
21 section 427.012, Florida Statutes, is amended to read:
22 427.012 The Commission for the Transportation
23 Disadvantaged.--There is created the Commission for the
24 Transportation Disadvantaged in the Department of
25 Transportation.
26 (1) The commission shall consist of the following
27 members:
28 (b) The secretary of the Department of Children and
29 Family Health and Rehabilitative Services or the secretary's
30 designee.
31 Section 119. Subsection (16) of section 427.013,
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 Florida Statutes, 1998 Supplement, is amended to read:
2 427.013 The Commission for the Transportation
3 Disadvantaged; purpose and responsibilities.--The purpose of
4 the commission is to accomplish the coordination of
5 transportation services provided to the transportation
6 disadvantaged. The goal of this coordination shall be to
7 assure the cost-effective provision of transportation by
8 qualified community transportation coordinators or
9 transportation operators for the transportation disadvantaged
10 without any bias or presumption in favor of multioperator
11 systems or not-for-profit transportation operators over single
12 operator systems or for-profit transportation operators. In
13 carrying out this purpose, the commission shall:
14 (16) Review and approve memorandums of agreement for
15 the provision provisions of coordinated transportation
16 services.
17 Section 120. Subsection (23) of section 479.01,
18 Florida Statutes, is amended, and subsection (24) of that
19 section is reenacted, to read:
20 479.01 Definitions.--As used in this chapter, the
21 term:
22 (23) "Unzoned commercial or industrial area" means an
23 area within 660 feet of the nearest edge of the right-of-way
24 of the interstate or federal-aid primary system where the land
25 use is not covered by a future land use map or zoning
26 regulation pursuant to subsection (3) (2), in which there are
27 located three or more separate and distinct industrial or
28 commercial uses located within a 1,600-foot radius of each
29 other and generally recognized as commercial or industrial by
30 zoning authorities in this state. Certain activities,
31 including, but not limited to, the following, may not be so
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 recognized:
2 (a) Signs.
3 (b) Agricultural, forestry, ranching, grazing,
4 farming, and related activities, including, but not limited
5 to, wayside fresh produce stands.
6 (c) Transient or temporary activities.
7 (d) Activities not visible from the main-traveled way.
8 (e) Activities conducted more than 660 feet from the
9 nearest edge of the right-of-way.
10 (f) Activities conducted in a building principally
11 used as a residence.
12 (g) Railroad tracks and minor sidings.
13 (24) "Urban area" has the same meaning as defined in
14 s. 334.03(32).
15 Section 121. Section 951.05, Florida Statutes, is
16 amended to read:
17 951.05 Working county prisoners on roads and bridges
18 or other public works of the county; hiring out to another
19 county.--The board of county commissioners of the several
20 counties may require all county prisoners under sentence
21 confined in the jail of their respective counties for any
22 offense to labor upon the public roads, bridges, farms, or
23 other public works owned and operated by the county, or on
24 other projects for which the governing body of the county
25 could otherwise lawfully expend public funds and which it
26 determines to be necessary for the health, safety, and welfare
27 of the county, or in the event the county commissioners of any
28 county deem it to the best interest of their county, they may
29 hire out their prisoners to any other county in the state to
30 be worked upon the public roads, bridges, or other public
31 works of that county, or on other projects for which the
154
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 governing body of that county could otherwise lawfully expend
2 public funds and which it determines to be necessary for the
3 health, safety, and welfare of that county, or they may, upon
4 such terms as may be agreed upon between themselves and the
5 Division of Road Operations of the Department of
6 Transportation, lease or let said prisoners to the department
7 division instead of keeping them in the county jail where they
8 are sentenced. The money derived from the hire of such
9 prisoners shall be paid to the county hiring out such
10 prisoners and placed to the credit of the fine and forfeiture
11 fund of the county.
12 Section 122. Section 2 of Senate Bill 182, enacted in
13 the 1999 Regular Session of the Legislature, is amended to
14 read:
15 Section 2. This act shall take effect July 1, 1999 on
16 the effective date of Senate Bill 178, relating to wireless
17 emergency 911 telephone service, but it shall not take effect
18 unless it is enacted by at least a three fifths vote of the
19 membership of each house of the Legislature.
20 Section 123. This act shall take effect July 1, 1999.
21
22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
26
27 and insert:
28 A bill to be entitled
29 An act relating to the Department of
30 Transportation; amending s. 20.23, F.S.;
31 expanding the role of the transportation
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 commission; providing loan guarantees for
2 certain businesses; amending s. 206.46, F.S.;
3 increasing the amount that may be transferred
4 into the Right-of-Way Acquisition and Bridge
5 Construction Trust Fund; requiring Department
6 of Transportation and Department of Community
7 Affairs to jointly review and submit
8 legislation implementing the recommendations of
9 the Transportation and Land Use Committee;
10 creating s. 215.615, F.S.; authorizing the
11 department and local governments to enter into
12 an interlocal agreement to provide financing
13 for fixed guideway projects; amending s.
14 316.003, F.S.; revising the definition of a
15 motorized bicycle; amending ss. 320.08,
16 320.083, 320.08035, F.S.; deleting references
17 to motorized bicycles; creating s. 316.0815,
18 F.S.; providing the duty to yield to public
19 transit vehicles reentering the flow of
20 traffic; amending s. 316.1895, F.S.;
21 authorizing local governments to request the
22 Department of Transportation to install and
23 maintain speed zones for federally funded
24 Headstart programs located on roads maintained
25 by the department; amending s. 316.302, F.S.;
26 updating references to the current federal
27 safety regulations; amending s. 316.3025, F.S.;
28 updating references to the current federal
29 safety regulations; amending s. 316.545, F.S.;
30 providing a maximum penalty for operating a
31 commercial motor vehicle when the registration
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 or license plate has not been expired for more
2 than 180 days; amending s. 320.20, F.S.,
3 relating to the disposition of motor vehicle
4 license tax moneys; providing for an audit of
5 the ports; amending s. 335.0415, F.S.;
6 clarifying the jurisdiction and responsibility
7 for operation and maintenance of roads;
8 amending s. 335.093, F.S.; authorizing the
9 department to designate public roads as scenic
10 highways; amending s. 337.11, F.S.; authorizing
11 the department to enter into contracts for
12 construction or maintenance of roadway and
13 bridge elements without competitive bidding
14 under certain circumstances; deleting the
15 provision for the owner-controlled insurance
16 plan; amending s. 337.16, F.S.; eliminating
17 intermediate delinquency as grounds for
18 suspension or revocation of a contractor's
19 certificate of qualification to bid on
20 construction contracts in excess of a specified
21 amount; amending s. 337.162, F.S.; providing
22 that department appraisers are not obligated to
23 report violations of state professional
24 licensing laws to the Department of Business
25 and Professional Regulation; amending s.
26 337.18, F.S.; deleting the schedule of contract
27 amount categories utilized to calculate
28 liquidated damages to be paid by a contractor;
29 allowing the department to adjust the
30 categories; requiring that surety bonds posted
31 by successful bidders on department
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 construction contracts be payable to the
2 department; amending s. 337.185, F.S.; raising
3 the limit for binding arbitration contract
4 disputes; authorizing the secretary of the
5 department to select an alternate or substitute
6 to serve as the department member of the board
7 for any hearing; amending the fee schedule for
8 arbitration to cover the cost of administration
9 and compensation of the board; authorizing the
10 department to acquire and negotiate for the
11 sale of replacement housing; amending s.
12 337.25, F.S.; authorizing the department to
13 purchase options to purchase land for
14 transportation facilities; amending s. 337.251,
15 F.S.; authorizing a fixed guideway
16 transportation system operating within the
17 department's right-of-way to operate at any
18 safe speed; amending s. 337.403, F.S.;
19 authorizing the department to contract directly
20 with utility companies for clearing and
21 grubbing; amending s. 373.414, F.S.; requiring
22 OPPAGA to conduct a study regarding wetland
23 mitigation; amending s. 338.223, F.S.; defining
24 the terms "hardship purchase" and "protective
25 purchase"; amending s. 338.229, F.S.;
26 restricting the sale, transfer, lease, or other
27 disposition of operations on any portion of the
28 turnpike system; amending s. 339.2816, F.S.;
29 providing for the small county road assistance
30 program; amending 339.08, F.S.; conforming to
31 bill; amending s. 338.251, F.S.; providing that
158
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 funds repaid by the Tampa-Hillsborough County
2 Expressway Authority to the Toll Facilities
3 Revolving Trust Fund are to be loaned back to
4 the authority for specified purposes; amending
5 s. 339.155, F.S.; providing planning factors;
6 clarifying the roles of the long-range and
7 short-range components of the Florida
8 Transportation Plan; amending s. 339.175, F.S.;
9 providing planning factors; requiring a
10 recommendation for redesignation; clarifying
11 geographic boundaries of metropolitan planning
12 organizations; providing that metropolitan
13 planning organization plans must provide for
14 the development and operation of intermodal
15 transportation systems and facilities;
16 providing for reapportionment amending s.
17 341.041, F.S.; authorizing the creation and
18 maintenance of a common self-retention
19 insurance fund to support public transit
20 projects; amending s. 341.302, F.S.; relating
21 to Department of Transportation rail program;
22 amending s. 373.4137, F.S.; providing for the
23 mitigation of impacts to wetlands and other
24 sensitive habitats; amending s. 479.01, F.S.;
25 defining the terms "commercial or industrial
26 zone" and "unzoned commercial or industrial
27 area"; providing that communication towers are
28 not commercial or industrial activities;
29 amending s. 479.07, F.S.; modifying the process
30 for reinstatement of an outdoor advertising
31 sign permit; amending s. 479.16, F.S.;
159
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 clarifying that certain signs not in excess of
2 16 square feet are exempt from the permitting
3 process; amending s. 320.0715, F.S.; providing
4 an exemption from the International
5 Registration Plan; amending s. 334.035, F.S.;
6 revising language with respect to the purpose
7 of the Florida Transportation Code; amending s.
8 334.0445, F.S.; extending the current
9 authorization for the department's model
10 classification plan; amending s. 334.046, F.S.;
11 revising Department of Transportation program
12 objectives; creating s. 334.071, F.S.;
13 providing for the legislative designation of
14 transportation facilities; amending s. 337.025,
15 F.S.; increasing the funds Department of
16 Transportation may spend on innovative
17 projects; amending s. 339.135, F.S.; providing
18 for allocation of certain new highway funds;
19 amending s. 341.053, F.S.; providing for
20 development of an intermodal development plan;
21 amending ss. 348.9401, 348.941, 348.942, and
22 348.943, F.S.; renaming the St. Lucie County
23 Expressway Authority as the St. Lucie County
24 Expressway and Bridge Authority and including
25 the Indian River Lagoon Bridge as part of the
26 expressway and bridge system; revising power of
27 the authority to borrow money to conform to new
28 provisions authorizing the issuance of certain
29 bonds; amending s. 348.944, F.S.; authorizing
30 the authority to issue its own bonds and
31 providing requirements therefor; creating s.
160
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 348.9495, F.S.; providing exemption from
2 taxation; amending s. 212.055, F.S.; providing
3 flexibility in the charter county transit
4 system surtax; amending s. 348.0004, F.S.;
5 authorizing specified counties to abolish tolls
6 if an offsetting source of local revenue is
7 secured; authorizing MPO reapportionment for
8 specified counties; amending s. 73.015, F.S.;
9 requiring presuit negotiation before an action
10 in eminent domain may be initiated under ch. 73
11 or ch. 74, F.S.; providing requirements for the
12 condemning authority; requiring the condemning
13 authority to give specified notices; requiring
14 a written offer of purchase and appraisal and
15 specifying the time period during which the
16 owner may respond to the offer before a
17 condemnation lawsuit may be filed; providing
18 procedures; allowing a business owner to claim
19 business damage within a specified time period;
20 providing circumstances under which the court
21 must strike a business-damage defense;
22 providing procedures for business-damage
23 claims; providing for nonbinding mediation;
24 requiring the condemning authority to pay
25 reasonable costs and attorney's fees of a
26 property owner; allowing the property owner to
27 file a complaint in circuit court to recover
28 attorney's fees and costs, if the parties
29 cannot agree on the amount; providing that
30 certain evidence is inadmissible in specified
31 proceedings; amending s. 73.071, F.S.;
161
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 modifying eligibility requirements for business
2 owners to claim business damages; providing for
3 future repeal; amending s. 73.091, F.S.;
4 providing that no prejudgment interest shall be
5 paid on costs or attorney's fees in eminent
6 domain; amending s. 73.092, F.S.; revising
7 provisions relating to attorney's fees for
8 business-damage claims; amending ss. 127.01 and
9 166.401, F.S.; restricting the exercise by
10 counties and municipalities of specified
11 eminent domain powers granted to the Department
12 of Transportation; repealing ss. 337.27(2),
13 337.271, 348.0008(2), 348.759(2), 348.957(2),
14 F.S., relating to limiting the acquisition cost
15 of lands and property acquired through eminent
16 domain proceedings by the Department of
17 Transportation, the Orlando-Orange County
18 Expressway Authority, or the Seminole County
19 Expressway Authority, or under the Florida
20 Expressway Authority Act, and relating to the
21 notice that the Department of Transportation
22 must give to a fee owner at the inception of
23 negotiations to acquire land; amending s.
24 479.15, F.S.; prescribing duties and
25 responsibilities of the Department of
26 Transportation and local governments with
27 respect to relocation of certain signs pursuant
28 to acquisition of land; providing for
29 application; amending ss. 20.23, 206.46,
30 288.9607, 337.29, 337.407, 338.22, 338.221,
31 338.223, 338.225, 338.227, 338.228, 338.229,
162
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 338.231, 338.232, 338.239, 339.08, 339.175,
2 339.241, 341.3333, 348.0005, 348.0009, 348.248,
3 348.948, 349.05, 479.01, F.S.; conforming
4 cross-references; creating s. 215.616, F.S.;
5 authorizing bonding of federal aid; repealing
6 s. 234.112, F.S., relating to school bus stops;
7 repealing s. 335.165, F.S., relating to welcome
8 stations; repealing section 137 of chapter
9 96-320, Laws of Florida, relating to certain
10 uncollectible debts owned by a local government
11 for utility relocation cost reimbursements;
12 repealing s. 339.091, F.S., relating to a
13 declaration of legislative intent; repealing s.
14 339.145, F.S., relating to certain expenditures
15 in the Working Capital Trust Fund; repealing s.
16 339.147, F.S., relating to certain audits by
17 the Auditor General; amending ss. 311.09,
18 331.303, 331.305, 331.308, 331.331, 334.03,
19 335.074, 335.182, 335.188, 336.044, 337.015,
20 337.139, 339.2405, 341.051, 341.352, 343.64,
21 343.74, 378.411, 427.012, 427.013, 951.05,
22 F.S.; deleting obsolete provisions, and, where
23 appropriate, clarifying provisions; reenacting
24 ss. 336.01, 338.222, 339.135(7)(e), 341.321(1),
25 F.S., relating to designation of county road
26 system, acquisition or construction or
27 operation of turnpike projects, amendment of
28 the adopted work program, and legislative
29 findings and intent regarding development of
30 high-speed rail transportation system;
31 providing an effective date for Senate Bill
163
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SENATE AMENDMENT
Bill No. HB 591, 2nd Eng.
Amendment No.
1 182, which creates the Wireless Emergency
2 Telephone System Fund; providing an effective
3 date.
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