House Bill 0591e2
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                                          HB 591, Second Engrossed
  1                      A bill to be entitled
  2         An act relating to the Department of
  3         Transportation; amending s. 20.23, F.S.;
  4         providing reference to seaport programs;
  5         providing for an organizational unit to
  6         administer said programs; deleting reference to
  7         the Office of Construction and including
  8         reference to the Office of Highway Operations
  9         within the Department of Transportation;
10         amending s. 206.46, F.S.; increasing a
11         percentage amount of revenues in the State
12         Transportation Trust Fund to be transferred to
13         the Right-of-Way Acquistion and Bridge
14         Construction Trust Fund annually; increasing
15         the dollar amount which may be so transferred;
16         creating s. 215.615, F.S.; providing for state
17         bonds for federal-aid highways construction;
18         creating s. 215.616, F.S.; providing for the
19         issuance of certain revenue bonds for
20         fixed-guideway transportation systems;
21         providing for an audit of the Florida Seaport
22         Development Program; creating s. 316.0815,
23         F.S.; providing for a duty to yield for public
24         transit vehicles; providing penalties; amending
25         s. 316.302, F.S.; revising obsolete dates and
26         statutory references with respect to commercial
27         motor vehicles; amending s. 316.3025, F.S.;
28         correcting a cross reference; amending s.
29         316.545, F.S.; providing a maximum penalty for
30         operating a commercial motor vehicle when the
31         registration or license plate has not been
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                                          HB 591, Second Engrossed
  1         expired for more than 90 days; prohibiting the
  2         department from seizing certain vehicles;
  3         amending s. 316.555, F.S.; providing for an
  4         exemption from locally imposed weight limits
  5         under certain circumstances; amending s.
  6         320.0715, F.S.; providing an exemption from the
  7         International Registration Plan; amending s.
  8         334.035, F.S.; revising language with respect
  9         to the purpose of the Florida Transportation
10         Code; amending s. 334.0445, F.S.; continuing
11         the operation of the model career service
12         classification and compensation plan within the
13         Department of Transportation for a certain time
14         period; amending s. 334.046, F.S.; revising
15         Department of Transportation program
16         objectives; creating s. 334.071, F.S.;
17         providing for the legislative designation of
18         transportation facilities; amending s. 334.351,
19         F.S.; deleting language with respect to the
20         total amount of youth work experience program
21         contracts; amending s. 335.0415, F.S.; revising
22         a date with respect to public road
23         jurisdiction; amending s. 335.093, F.S.;
24         authorizing the department to designate public
25         roads as scenic highways; amending s. 337.025,
26         F.S.; increasing the annual cap on
27         transportation project contracts that use
28         innovative construction and financing
29         techniques; amending s. 337.11, F.S.; providing
30         for contracts without advertising and
31         competitive bids; repealing authority for owner
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                                          HB 591, Second Engrossed
  1         controlled insurance plans in the Department of
  2         Transportation; amending s. 337.16, F.S.;
  3         revising language with respect to contractors
  4         who are delinquent with respect to contracts
  5         with the department; amending s. 337.162, F.S.;
  6         revising language with respect to professional
  7         services; amending s. 337.18, F.S.; revising
  8         language with respect to certain surety bonds;
  9         providing for bonds payable to the department
10         rather than to the Governor; amending s.
11         337.185, F.S.; increasing claim limits with
12         respect to certain contractual claims governed
13         by the State Arbitration Board; revising
14         language with respect to hearings on certain
15         disputes; increasing certain fees; amending s.
16         337.19, F.S.; revising language with respect to
17         suits at law and in equity brought by or
18         against the department with respect to breach
19         of an express provision or an implied covenant
20         of a written agreement or a written directive
21         issued by the department pursuant to the
22         written agreement; providing for rights and
23         obligations; prohibiting liability under
24         certain circumstances; providing exceptions
25         with respect to liability; providing for
26         applicability; amending s. 337.25, F.S.;
27         authorizing the department to purchase, lease,
28         exchange, or otherwise acquire property
29         interests; amending s. 337.251, F.S.;
30         authorizing a fixed-guideway transportation
31         system operating within the department's
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                                          HB 591, Second Engrossed
  1         right-of-way to operate at any safe speed;
  2         amending s. 337.403, F.S.; authorizing the
  3         department to participate in the cost of
  4         certain clearing and grubbing with respect to
  5         utility improvement relocation; amending s.
  6         338.223, F.S.; revising language with respect
  7         to proposed turnpike projects to provide that
  8         certain requirements do not apply to hardship
  9         and protective purchases by the department of
10         advance right-of-way; providing definitions;
11         amending s. 338.229, F.S.; providing additional
12         rights of the department with respect to
13         certain bondholders; amending s. 339.135, F.S.;
14         providing for allocation of certain new highway
15         funds; amending s. 339.155, F.S.; revising
16         language with respect to transportation
17         planning; amending s. 339.175, F.S.; revising
18         language with respect to metropolitan planning
19         organizations; amending s. 341.031, F.S.;
20         correcting cross references to conform to the
21         act; amending s. 341.041, F.S.; directing the
22         department to create and maintain a common
23         self-retention insurance fund to support
24         fixed-guideway projects throughout the state;
25         amending s. 341.051, F.S.; deleting provisions
26         which require the department to develop a
27         specified investment policy; amending s.
28         341.053, F.S.; providing for development of an
29         intermodal development plan; amending s.
30         341.302, F.S.; revising language with respect
31         to the responsibilities of the department
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                                          HB 591, Second Engrossed
  1         concerning the rail program; amending ss.
  2         348.9401, 348.941, 348.942, and 348.943, F.S.;
  3         renaming the St. Lucie County Expressway
  4         Authority as the St. Lucie County Expressway
  5         and Bridge Authority and including the Indian
  6         River Lagoon Bridge as part of the expressway
  7         and bridge system; revising power of the
  8         authority to borrow money to conform to new
  9         provisions authorizing the issuance of certain
10         bonds; amending s. 348.944, F.S.; authorizing
11         the authority to issue its own bonds and
12         providing requirements therefor; creating s.
13         348.9495, F.S.; providing exemption from
14         taxation; amending s. 338.251, F.S.; providing
15         that funds repaid by the authority to the Toll
16         Facilities Revolving Trust Fund are to be
17         loaned back to the authority for specified
18         purposes; amending s. 373.4137, F.S.; revising
19         language with respect to mitigation
20         requirements; amending s. 479.01, F.S.;
21         revising definitions; amending s. 479.07, F.S.;
22         revising language with respect to sign permits;
23         amending s. 479.16, F.S.; revising language
24         with respect to signs for which permits are not
25         required; repealing ss. 341.3201-341.386, F.S.;
26         eliminating the Florida High-Speed Rail
27         Transportation Act; amending s. 348.0004, F.S.;
28         authorizing certain boards of county
29         commissioners to alter expressway tolls;
30         providing additional membership for
31         Metropolitan Planning Organizations; amending
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                                          HB 591, Second Engrossed
  1         s. 212.055, F.S.; revising the application of
  2         the charter county transit system surtax;
  3         amending ss. 20.23, 206.46, 288.9607, 337.29,
  4         337.407, 338.22, 338.221, 338.223, 338.225,
  5         338.227, 338.228, 338.229, 338.231, 338.232,
  6         338.239, 339.08, 339.175, 339.241, 341.3333,
  7         348.0005, 348.0009, 348.248, 348.948, 349.05,
  8         and 479.01, F.S.; correcting cross references;
  9         repealing s. 234.112, F.S., relating to school
10         bus stops; repealing s. 335.165, F.S., relating
11         to welcome stations; repealing section 137 of
12         chapter 96-320, Laws of Florida, relating to
13         certain uncollectible debts owned by a local
14         government for utility relocation cost
15         reimbursements; repealing s. 339.091, F.S.,
16         relating to a declaration of legislative
17         intent; repealing s. 339.145, F.S., relating to
18         certain expenditures in the Working Capital
19         Trust Fund; repealing s. 339.147, F.S.,
20         relating to certain audits by the Auditor
21         General; amending ss. 311.09, 331.303, 331.305,
22         331.308, 331.331, 334.03, 335.074, 335.182,
23         335.188, 336.044, 337.015, 337.139, 339.2405,
24         341.051, 341.352, 343.64, 343.74, 378.411,
25         427.012, 427.013, and 951.05, F.S.; deleting
26         obsolete language, and, where appropriate,
27         replacing such language with updated text;
28         reenacting ss. 336.01, 338.222, 339.135(7)(e),
29         and 341.321(1), F.S., relating to designation
30         of county road system, acquisition or
31         construction or operation of turnpike projects,
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                                          HB 591, Second Engrossed
  1         amendment of the adopted work program, and
  2         legislative findings and intent regarding
  3         development of high-speed rail transportation
  4         system; amending s. 73.015, F.S.; requiring
  5         presuit negotiation before an action in eminent
  6         domain may be initiated under ch. 73 or ch. 74,
  7         F.S.; providing requirements for the condemning
  8         authority; requiring the condemning authority
  9         to give specified notices; requiring a written
10         offer of purchase and appraisal and specifying
11         the time period during which the owner may
12         respond to the offer before a condemnation
13         lawsuit may be filed; providing procedures;
14         allowing a business owner to claim business
15         damage within a specified time period;
16         providing circumstances under which the court
17         must strike a business-damage defense;
18         providing procedures for business-damage
19         claims; providing for nonbinding mediation;
20         requiring the condemning authority to pay
21         reasonable costs and attorney's fees of a
22         property owner; allowing the property owner to
23         file a complaint in circuit court to recover
24         attorney's fees and costs, if the parties
25         cannot agree on the amount; providing that
26         certain evidence is inadmissible in specified
27         proceedings; amending s. 73.071, F.S.;
28         modifying eligibility requirements for business
29         owners to claim business damages; providing for
30         future repeal; amending s. 73.091, F.S.;
31         providing that no prejudgment interest shall be
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                                          HB 591, Second Engrossed
  1         paid on costs or attorney's fees in eminent
  2         domain; amending s. 73.092, F.S.; revising
  3         provisions relating to attorney's fees for
  4         business-damage claims; amending ss. 127.01 and
  5         166.401, F.S.; restricting the exercise by
  6         counties and municipalities of specified
  7         eminent domain powers granted to the Department
  8         of Transportation; repealing ss. 337.27(2),
  9         337.271, 348.0008(2), 348.759(2), 348.957(2),
10         F.S., relating to limiting the acquisition cost
11         of lands and property acquired through eminent
12         domain proceedings by the Department of
13         Transportation, the Orlando-Orange County
14         Expressway Authority, or the Seminole County
15         Expressway Authority, or under the Florida
16         Expressway Authority Act, and relating to the
17         notice that the Department of Transportation
18         must give to a fee owner at the inception of
19         negotiations to acquire land; amending s.
20         479.15, F.S.; prescribing duties and
21         responsibilities of the Department of
22         Transportation and local governments with
23         respect to relocation of certain signs pursuant
24         to acquisition of land; providing for
25         application; providing effective dates.
26
27  Be It Enacted by the Legislature of the State of Florida:
28
29         Section 1.  Paragraph (b) of subsection (2) and
30  paragraphs (a), (d), and (m) of subsection (3) of section
31  20.23, Florida Statutes, 1998 Supplement, are amended to read:
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                                          HB 591, Second Engrossed
  1         20.23  Department of Transportation.--There is created
  2  a Department of Transportation which shall be a decentralized
  3  agency.
  4         (2)
  5         (b)  The commission shall have the primary functions
  6  to:
  7         1.  Recommend major transportation policies for the
  8  Governor's approval, and assure that approved policies and any
  9  revisions thereto are properly executed.
10         2.  Periodically review the status of the state
11  transportation system including highway, transit, rail,
12  seaport, intermodal development, and aviation components of
13  the system and recommend improvements therein to the Governor
14  and the Legislature.
15         3.  Perform an in-depth evaluation of the annual
16  department budget request, the Florida Transportation Plan,
17  and the tentative work program for compliance with all
18  applicable laws and established departmental policies. Except
19  as specifically provided in s. 339.135(4)(c)2., (d), and (f),
20  the commission may not consider individual construction
21  projects, but shall consider methods of accomplishing the
22  goals of the department in the most effective, efficient, and
23  businesslike manner.
24         4.  Monitor the financial status of the department on a
25  regular basis to assure that the department is managing
26  revenue and bond proceeds responsibly and in accordance with
27  law and established policy.
28         5.  Monitor on at least a quarterly basis, the
29  efficiency, productivity, and management of the department,
30  using performance and production standards developed by the
31  commission pursuant to s. 334.045.
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                                          HB 591, Second Engrossed
  1         6.  Perform an in-depth evaluation of the factors
  2  causing disruption of project schedules in the adopted work
  3  program and recommend to the Legislature and the Governor
  4  methods to eliminate or reduce the disruptive effects of these
  5  factors.
  6         (3)(a)  The central office shall establish departmental
  7  policies, rules, procedures, and standards and shall monitor
  8  the implementation of such policies, rules, procedures, and
  9  standards in order to ensure uniform compliance and quality
10  performance by the districts and central office units that
11  implement transportation programs.  Major transportation
12  policy initiatives or revisions shall be submitted to the
13  commission for review. The central office monitoring function
14  shall be based on a plan that clearly specifies what areas
15  will be monitored, activities and criteria used to measure
16  compliance, and a feedback process that assures monitoring
17  findings are reported and deficiencies corrected.  The
18  secretary is responsible for ensuring that a the central
19  office monitoring function is implemented by October 1, 1990,
20  and that it functions properly thereafter.  In conjunction
21  with its monitoring function, the central office shall provide
22  such training and administrative support to the districts as
23  the department determines to be necessary to ensure that the
24  department's programs are carried out in the most efficient
25  and effective manner.
26         (d)1.  Policy, program, or operations offices shall be
27  established within the central office for the purposes of:
28         a.  Developing policy and procedures and monitoring
29  performance to ensure compliance with these policies and
30  procedures;
31
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                                          HB 591, Second Engrossed
  1         b.  Performing statewide activities which it is more
  2  cost-effective to perform in a central location;
  3         c.  Assessing and ensuring the accuracy of information
  4  within the department's financial management information
  5  systems; and
  6         d.  Performing other activities of a statewide nature.
  7         2.  The following offices are established and shall be
  8  headed by a manager, each of whom shall be appointed by and
  9  serve at the pleasure of the secretary. The positions shall be
10  classified at a level equal to a division director:
11         a.  The Office of Administration;
12         b.  The Office of Policy Planning;
13         c.  The Office of Design;
14         d.  The Office of Highway Operations Office of
15  Construction;
16         e.  The Office of Right-of-Way;
17         f.  The Office of Toll Operations; and
18         g.  The Office of Information Systems.
19         3.  Other offices may be established in accordance with
20  s. 20.04(7)(6). The heads of such offices are exempt from part
21  II of chapter 110. No office or organization shall be created
22  at a level equal to or higher than a division without specific
23  legislative authority.
24         (m)  The secretary shall appoint a state public
25  transportation administrator who shall report to the Assistant
26  Secretary for Transportation Policy.  The state public
27  transportation administrator's responsibilities shall include,
28  but are not limited to, the administration of statewide
29  transit, rail, seaport, intermodal development, and aviation
30  programs.  This position shall be classified at a level equal
31  to a deputy assistant secretary. The department shall also
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                                          HB 591, Second Engrossed
  1  assign to the public transportation administrator an
  2  organizational unit the primary function of which is to
  3  administer the seaport high-speed rail program.
  4         Section 2.  Subsections (2) and (3) of section 206.46,
  5  Florida Statutes, are amended to read:
  6         206.46  State Transportation Trust Fund.--
  7         (2)  Notwithstanding any other provisions of law, from
  8  the revenues deposited into the State Transportation Trust
  9  Fund a maximum of 7 6 percent in each fiscal year shall be
10  transferred into the Right-of-Way Acquisition and Bridge
11  Construction Trust Fund created in s. 215.605, as needed to
12  meet the requirements of the documents authorizing the bonds
13  issued or proposed to be issued under ss. 215.605 and 337.276
14  or at a minimum amount sufficient to pay for the debt service
15  coverage requirements of outstanding bonds.  Notwithstanding
16  the 7 6 percent annual transfer authorized in this subsection,
17  the annual amount transferred under this subsection shall not
18  exceed an amount necessary to provide the required debt
19  service coverage levels for a maximum debt service of not to
20  exceed $135 $115 million.  Such transfer shall be payable
21  primarily from the motor and diesel fuel taxes transferred to
22  the State Transportation Trust Fund from the Fuel Tax
23  Collection Trust Fund.
24         (3)  Through fiscal year 1999-2000, a minimum of 14.3
25  percent of all state revenues deposited into the State
26  Transportation Trust Fund shall be committed annually by the
27  department for public transportation projects in accordance
28  with chapter 311, ss. 332.003-332.007, and chapter 341, and
29  chapter 343. Beginning in fiscal year 2000-2001, and each year
30  thereafter, a minimum of 15 percent of all state revenues
31  deposited into the State Transportation Trust Fund shall be
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                                          HB 591, Second Engrossed
  1  committed annually by the department for public transportation
  2  projects in accordance with chapter 311, ss. 332.002-332.007,
  3  and chapter 341, and chapter 343.
  4         Section 3.  Section 215.615, Florida Statutes, is
  5  created to read:
  6         215.615  State bonds for federal-aid highways
  7  construction.--
  8         (1)  Upon the request of the Department of
  9  Transportation, the Division of Bond Finance is authorized
10  pursuant to s. 11, Art. VII of the State Constitution and the
11  State Bond Act to issue revenue bonds, for and on behalf of
12  the Department of Transportation, for the purpose of financing
13  or refinancing the construction, reconstruction, and
14  improvement of projects that are eligible to receive
15  federal-aid highway funds. The Division of Bond Finance is
16  authorized to consider innovative financing technologies which
17  may include, but are not limited to, innovative bidding and
18  structures of potential financings that may result in
19  negotiated transactions.
20         (2)  Any bonds issued pursuant to this section shall be
21  payable primarily from a prior and superior claim on all
22  federal highway aid reimbursements received each year with
23  respect to federal-aid projects undertaken in accordance with
24  the provisions of Title 23 of the United States Code.
25         (3)  The term of the bonds shall not exceed a term of
26  12 years. Prior to the issuance of bonds, the Department of
27  Transportation shall determine that annual debt service on all
28  bonds issued pursuant to this section does not exceed 10
29  percent of annual apportionments to the department for federal
30  highway aid in accordance with the provisions of Title 23 of
31  the United States Code.
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                                          HB 591, Second Engrossed
  1         (4)  The bonds issued under this section shall not
  2  constitute a debt or general obligation of the state or a
  3  pledge of the full faith and credit or taxing power of the
  4  state. The bonds shall be secured by and are payable from the
  5  revenues pledged in accordance with this section and the
  6  resolution authorizing their issuance.
  7         (5)  The state does hereby covenant with the holders of
  8  bonds issued under this section that it will not repeal,
  9  impair, or amend this section in any manner which will
10  materially and adversely affect the rights of bondholders so
11  long as the bonds authorized by this section are outstanding
12  unless adequate provision has been made for the payment of
13  such bonds pursuant to the documents authorizing the issuance
14  of such bonds.
15         (6)  Any complaint for such validation of bonds issued
16  pursuant to this section shall be filed in the circuit court
17  of the county where the seat of state government is situated,
18  the notice required to be published by s. 75.06 shall be
19  published only in the county where the complaint is filed, and
20  the complaint and order of the circuit court shall be served
21  only on the state attorney of the circuit in which the action
22  is pending.
23         Section 4.  Section 215.616, Florida Statutes, is
24  created to read:
25         215.616  Issuance of revenue bonds authorized.--
26         (1)  The issuance of revenue bonds by the Division of
27  Bond Finance, on behalf of the Department of Transportation,
28  pursuant to s. 11, Art. VII of the State Constitution is
29  hereby authorized, pursuant to the State Bond Act, to finance
30  or refinance fixed capital expenditures for fixed-guideway
31  transportation systems, as defined in s. 341.031, including
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                                          HB 591, Second Engrossed
  1  facilities appurtenant thereto, costs of issuance, and other
  2  amounts relating to such financing or refinancing. Such
  3  revenue bonds shall be matched on a 50-50 basis with funds
  4  from sources other than revenues of the Department of
  5  Transportation, in a manner acceptable to the Department of
  6  Transportation. The Division of Bond Finance is authorized to
  7  consider innovative financing technologies which may include,
  8  but are not limited to, innovative bidding and structures of
  9  potential financings that may result in negotiated
10  transactions.
11         (a)  The Department of Transportation and any
12  participating commuter rail authority or regional
13  transportation authority established pursuant to chapter 343,
14  local governments, or local governments collectively by
15  interlocal agreement having jurisdiction of a fixed-guideway
16  transportation system may enter into an interlocal agreement
17  to promote the efficient and cost-effective financing or
18  refinancing of fixed-guideway transportation system projects
19  by revenue bonds issued pursuant to this subsection. The terms
20  of such interlocal agreements shall include provisions for the
21  Department of Transportation to request the issuance of the
22  bonds on behalf of the parties; provide that each party to the
23  agreement shall be contractually liable for an equal share of
24  funding an amount equal to the debt service requirements of
25  such bonds; and include any other terms, provisions, or
26  covenants necessary to the making of and full performance
27  under such interlocal agreement. Repayments made to the
28  Department of Transportation under any interlocal agreement
29  are not pledged to the repayment of bonds issued hereunder and
30  failure of the local governmental authority to make such
31
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                                          HB 591, Second Engrossed
  1  payment shall not affect the obligation of the Department of
  2  Transportation to pay debt service on the bonds.
  3         (b)  Revenue bonds issued pursuant to this subsection
  4  shall not constitute a general obligation of the state or a
  5  pledge of the full faith and credit of the state. Bonds issued
  6  pursuant to this section shall be payable from funds available
  7  pursuant to s. 206.46(3), subject to annual appropriation. The
  8  amount of revenues available for debt service shall never
  9  exceed a maximum of 2 percent of all state revenues deposited
10  into the State Transportation Trust Fund.
11         (c)  The projects to be financed or refinanced with the
12  proceeds of the revenue bonds issued hereunder are designated
13  as state fixed capital outlay projects for purposes of s.
14  11(d), Art. VII of the State Constitution and the specific
15  projects to be financed or refinanced shall be determined by
16  the Department of Transportation in accordance with state law
17  and appropriations from the State Transportation Trust Fund.
18  Each project to be financed with the proceeds of the bonds
19  issued pursuant to this subsection shall first be approved by
20  the Legislature by an act of general law.
21         (d)  Any complaint for validation of bonds issued
22  pursuant to this section shall be filed in the circuit court
23  of the county where the seat of state government is situated,
24  the notice required to be published by s. 75.06 shall be
25  published only in the county where the complaint is filed, and
26  the complaint and order of the circuit court shall be served
27  only on the state attorney of the circuit in which the action
28  is pending.
29         (e)  The state does hereby covenant with holders of
30  such revenue bonds or other instruments of indebtedness issued
31  hereunder that it will not repeal or impair or amend these
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                                          HB 591, Second Engrossed
  1  provisions in any manner which will materially adversely
  2  affect the rights of such holders so long as bonds authorized
  3  by this paragraph are outstanding unless adequate provision
  4  has been made for the payment of such bonds pursuant to the
  5  documents authorizing the issuance of such bonds.
  6         (f)  This subsection supersedes any inconsistent
  7  provisions in existing law.
  8
  9  Notwithstanding anything in this subsection, the lien of
10  revenue bonds issued pursuant to this subsection on moneys
11  deposited into the State Transportation Trust Fund shall be
12  junior and subordinate to the lien on such moneys of bonds
13  issued pursuant to ss. 215.605, 215.615, and 320.20, and any
14  pledge of such moneys to pay operating and maintenance
15  expenses pursuant to s. 206.46(5) and chapter 348, all as are
16  in existence or 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 pursuant to chapter 341,
21  must be found to be consistent, to the maximum extent
22  feasible, with approved local government comprehensive plans
23  of the local governments in which such projects are located,
24  and must be included in the work program of the Department of
25  Transportation pursuant to the provisions of s. 339.135. The
26  Department of Transportation shall certify that the expected
27  useful life of the transportation improvements will equal or
28  exceed the maturity date of the debt to be issued.
29         Section 5.  Prior to the 2000 legislative session, the
30  Auditor General, in cooperation with the Office of Program
31  Policy Analysis and Government Accountability, shall conduct a
                                  17
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                                          HB 591, Second Engrossed
  1  financial and performance audit of the Florida Seaport
  2  Development Program established pursuant to chapter 311 and s.
  3  320.20, Florida Statutes. The audit shall include, but not be
  4  limited to, a review of the Department of Transportation's,
  5  Florida Seaport Development Council's, and the Florida Ports
  6  Financing Commission's organizational and administrative
  7  structure, procedures, internal controls, and expenditures
  8  relating to the state's investment in seaport infrastructure
  9  and seaport intermodal access projects. The Auditor General
10  shall determine whether sufficient procedures and internal
11  controls exist regarding seaport program administration to
12  assure accountability in the implementation and enforcement of
13  all laws, rules, policies, and procedures; and whether
14  sufficient statutory safeguards are in place to protect and
15  maximize public investment in the seaport program.
16         Section 6.  Section 316.0815, Florida Statutes, is
17  created to read:
18         316.0815  Duty to yield to public transit vehicles.--
19         (1)  The driver of a vehicle shall yield the
20  right-of-way to a publicly owned transit bus traveling in the
21  same direction which has signaled and is reentering the
22  traffic flow from a specifically designated pullout bay.
23         (2)  This section does not relieve the driver of a
24  public transit vehicle from the duty to drive with due regard
25  for the safety of all persons using the roadway.
26         (3)  A violation of this section is a noncriminal
27  traffic infraction, punishable as a moving violation as
28  provided in chapter 318.
29         Section 7.  Paragraph (b) of subsection (1) and
30  paragraphs (e) and (f) of subsection (2) of section 316.302,
31  Florida Statutes, 1998 Supplement, are amended to read:
                                  18
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                                          HB 591, Second Engrossed
  1         316.302  Commercial motor vehicles; safety regulations;
  2  transporters and shippers of hazardous materials;
  3  enforcement.--
  4         (1)
  5         (b)  Except as otherwise provided in this section, all
  6  owners or drivers of commercial motor vehicles that are
  7  engaged in intrastate commerce are subject to the rules and
  8  regulations contained in 49 C.F.R. parts 382, 385, and
  9  390-397, with the exception of 49 C.F.R. s. 390.5 as it
10  relates to the definition of bus, as such rules and
11  regulations existed on March 1, 1999 1997.
12         (2)
13         (e)  A person who operates a commercial motor vehicle
14  solely in intrastate commerce is exempt from subsection (1)
15  while transporting agricultural products, including
16  horticultural or forestry products, from farm or harvest place
17  to the first place of processing or storage, or from farm or
18  harvest place directly to market.  However, such person must
19  comply with 49 C.F.R. part 391, subpart H and parts 382, 392,
20  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and s. 396.9.
21         (f)  A person who operates a commercial motor vehicle
22  having a declared gross vehicle weight of less than 26,000
23  pounds solely in intrastate commerce and who is not
24  transporting hazardous materials, or who is transporting
25  petroleum products as defined in s. 376.301(31)(29), is exempt
26  from subsection (1). However, such person must comply with 49
27  C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
28  396.3(a)(1) and s. 396.9.
29         Section 8.  Paragraph (c) of subsection (3) of section
30  316.3025, Florida Statutes, is amended to read:
31         316.3025  Penalties.--
                                  19
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                                          HB 591, Second Engrossed
  1         (3)
  2         (c)  A civil penalty of $250 may be assessed for:
  3         1.  A violation of the placarding requirements of 49
  4  C.F.R. parts 171-179;
  5         2.  A violation of the shipping paper requirements of
  6  49 C.F.R. parts 171-179;
  7         3.  A violation of 49 C.F.R. s. 392.10;
  8         4.  A violation of 49 C.F.R. s. 397.5 395.5;
  9         5.  A violation of 49 C.F.R. s. 397.7;
10         6.  A violation of 49 C.F.R. s. 397.13; or
11         7.  A violation of 49 C.F.R. s. 397.15.
12         Section 9.  Paragraph (b) of subsection (2) and
13  subsection (5) of section 316.545, Florida Statutes, are
14  amended to read:
15         316.545  Weight and load unlawful; special fuel and
16  motor fuel tax enforcement; inspection; penalty; review.--
17         (2)
18         (b)  The officer shall inspect the license plate or
19  registration certificate of the commercial vehicle, as defined
20  in s. 316.003(66), to determine if its gross weight is in
21  compliance with the declared gross vehicle weight.  If its
22  gross weight exceeds the declared weight, the penalty shall be
23  5 cents per pound on the difference between such weights.  In
24  those cases when the commercial vehicle, as defined in s.
25  316.003(66), is being operated over the highways of the state
26  with an expired registration or with no registration from this
27  or any other jurisdiction or is not registered under the
28  applicable provisions of chapter 320, the penalty herein shall
29  apply on the basis of 5 cents per pound on that scaled weight
30  which exceeds 35,000 pounds on laden truck tractor-semitrailer
31  combinations or tandem trailer truck combinations, 10,000
                                  20
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                                          HB 591, Second Engrossed
  1  pounds on laden straight trucks or straight truck-trailer
  2  combinations, or 10,000 pounds on any unladen commercial motor
  3  vehicle. If the license plate or registration has not been
  4  expired for more than 90 days, the penalty imposed under this
  5  paragraph may not exceed $1,000. In the case of special mobile
  6  equipment as defined in s. 316.003(48), which qualifies for
  7  the license tax provided for in s. 320.08(5)(b), being
  8  operated on the highways of the state with an expired
  9  registration or otherwise not properly registered under the
10  applicable provisions of chapter 320, a penalty of $75 shall
11  apply in addition to any other penalty which may apply in
12  accordance with this chapter.  A vehicle found in violation of
13  this section may be detained until the owner or operator
14  produces evidence that the vehicle has been properly
15  registered.  Any costs incurred by the retention of the
16  vehicle shall be the sole responsibility of the owner.  A
17  person who has been assessed a penalty pursuant to this
18  paragraph for failure to have a valid vehicle registration
19  certificate pursuant to the provisions of chapter 320 is not
20  subject to the delinquent fee authorized in s. 320.07 if such
21  person obtains a valid registration certificate within 10
22  working days after such penalty was assessed.
23         (5)  Whenever any person violates the provisions of
24  this chapter and becomes indebted to the state because of such
25  violation in the amounts aforesaid and refuses to pay said
26  penalty, such penalty shall become a lien upon the motor
27  vehicle, and the same may be foreclosed by the state in a
28  court of equity. It shall be presumed that the owner of the
29  motor vehicle is liable for the sum.  Any person, firm, or
30  corporation claiming an interest in the seized motor vehicle
31  may, at any time after the lien of the state attaches to the
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                                          HB 591, Second Engrossed
  1  motor vehicle, obtain possession of the seized vehicle by
  2  filing a good and sufficient forthcoming bond with the officer
  3  having possession of the vehicle, payable to the Governor of
  4  the state in twice the amount of the state's lien, with a
  5  corporate surety duly authorized to transact business in this
  6  state as surety, conditioned to have the motor vehicle or
  7  combination of vehicles forthcoming to abide the result of any
  8  suit for the foreclosure of such lien.  It shall be presumed
  9  that the owner of the motor vehicle is liable for the penalty
10  imposed under this section. Upon the posting of such bond with
11  the officer making the seizure, the vehicle shall be released
12  and the bond shall be forwarded to the Department of
13  Transportation for safekeeping.  The lien of the state against
14  the motor vehicle aforesaid shall be foreclosed in equity, and
15  the ordinary rules of court relative to proceedings in equity
16  shall control.  If it appears that the seized vehicle has been
17  released to the defendant upon his or her forthcoming bond,
18  the state shall take judgment of foreclosure against the
19  property itself, and judgment against the defendant and the
20  sureties on the bond for the amount of the lien, including
21  cost of proceedings.  After the rendition of the decree, the
22  state may, at its option, proceed to sue out execution against
23  the defendant and his or her sureties for the amount recovered
24  as aforesaid or direct the sale of the vehicle under
25  foreclosure. Notwithstanding the provisions of this subsection
26  to the contrary, the department shall not seize a vehicle
27  owned and operated by a governmental entity pending the
28  payment of a fine or posting of a bond. For such a
29  governmental vehicle the department shall provide a notice of
30  the violation to the driver of the vehicle and shall release
31  the vehicle to continue operating, unless the department
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                                          HB 591, Second Engrossed
  1  determines that it would be unsafe for the vehicle to
  2  continue. The department shall provide a copy of the notice of
  3  violation to the appropriate governmental entity. The
  4  governmental entity must either pay the penalty or file a
  5  request for review of the penalty as provided in subsections
  6  (7) and (8) within 20 days of receipt of the notice.
  7         Section 10.  Section 316.555, Florida Statutes, is
  8  amended to read:
  9         316.555  Weight, load, speed limits may be lowered;
10  condition precedent.--Anything in this chapter to the contrary
11  notwithstanding, the Department of Transportation with respect
12  to state roads, and local authorities with respect to highways
13  under their jurisdiction, may prescribe, by notice hereinafter
14  provided for, loads and weights and speed limits lower than
15  the limits prescribed in this chapter and other laws, whenever
16  in its or their judgment any road or part thereof or any
17  bridge or culvert shall, by reason of its design,
18  deterioration, rain, or other climatic or natural causes be
19  liable to be damaged or destroyed by motor vehicles, trailers,
20  or semitrailers, if the gross weight or speed limit thereof
21  shall exceed the limits prescribed in said notice.  The
22  Department of Transportation or local authority may, by like
23  notice, regulate or prohibit, in whole or in part, the
24  operation of any specified class or size of motor vehicles,
25  trailers, or semitrailers on any highways or specified parts
26  thereof under its or their jurisdiction, whenever in its or
27  their judgment, such regulation or prohibition is necessary to
28  provide for the public safety and convenience on the highways,
29  or parts thereof, by reason of traffic density, intensive use
30  thereof by the traveling public, or other reasons of public
31  safety and convenience.  The notice or the substance thereof
                                  23
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                                          HB 591, Second Engrossed
  1  shall be posted at conspicuous places at terminals of all
  2  intermediate crossroads and road junctions with the section of
  3  highway to which the notice shall apply.  After any such
  4  notice has been posted, the operation of any motor vehicle or
  5  combination contrary to its provisions shall constitute a
  6  violation of this chapter. An exemption from any locally
  7  imposed weight limit shall be granted by a local government to
  8  vehicles transporting silvicultural and agricultural products
  9  and to equipment used in connection with silvicultural and
10  agricultural site management when a county road offers the
11  only access into and out of the property. This exemption shall
12  not apply to any bridge or other structure which has weight
13  restrictions established for safety reasons. However, no
14  limitation shall be established by any county, municipal, or
15  other local authorities pursuant to the provisions of this
16  section that would interfere with or interrupt traffic as
17  authorized hereunder over state roads, including officially
18  established detours for such highways, including cases where
19  such traffic passes over roads, streets or thoroughfares
20  within the sole jurisdiction of the county, municipal or other
21  local authorities unless such limitations and further
22  restrictions have first been approved by the Department of
23  Transportation. With respect to county roads, except such as
24  are in use as state road detours, the respective county road
25  authorities shall have full power and authority to further
26  limit the weights of vehicles upon bridges and culverts upon
27  such public notice as they deem sufficient, and existing laws
28  applicable thereto shall not be affected by the terms of this
29  chapter.
30         Section 11.  Subsection (5) is added to section
31  320.0715, Florida Statutes, to read:
                                  24
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                                          HB 591, Second Engrossed
  1         320.0715  International Registration Plan; motor
  2  carrier services; permits; retention of records.--
  3         (5)  The provisions of this section do not apply to any
  4  commercial motor vehicle domiciled in a foreign state that
  5  enters this state solely for the purpose of bringing a
  6  commercial vehicle in for repairs, or picking up a newly
  7  purchased commercial vehicle, so long as the commercial motor
  8  vehicle is operated by its owner and is not hauling a load.
  9         Section 12.  Section 334.035, Florida Statutes, is
10  amended to read:
11         334.035  Purpose of transportation code.--The purpose
12  of the Florida Transportation Code is to establish the
13  responsibilities of the state, the counties, and the
14  municipalities in the planning and development of the
15  transportation systems serving the people of the state and to
16  assure the development of an integrated, balanced statewide
17  transportation system which enhances economic development
18  through promotion of international trade and interstate and
19  intrastate commerce.  This code is necessary for the
20  protection of the public safety and general welfare and for
21  the preservation of all transportation facilities in the
22  state.  The chapters in the code shall be considered
23  components of the total code, and the provisions therein,
24  unless expressly limited in scope, shall apply to all
25  chapters.
26         Section 13.  Subsection (1) of section 334.0445,
27  Florida Statutes, 1998 Supplement, is amended to read:
28         334.0445  Model career service classification and
29  compensation plan.--
30         (1)  Effective July 1, 1994, the Legislature grants to
31  the Department of Transportation in consultation with the
                                  25
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                                          HB 591, Second Engrossed
  1  Department of Management Services, the Executive Office of the
  2  Governor, legislative appropriations committees, legislative
  3  personnel committees, and the affected certified bargaining
  4  unions, the authority on a pilot basis to develop and
  5  implement a model career service classification and
  6  compensation system. Such system shall be developed for use by
  7  all state agencies. Authorization for this program will be
  8  through June 30, 2002 for 3 fiscal years beginning July 1,
  9  1994, and ending June 30, 1997; however, the department may
10  elect or be directed by the Legislature to return to the
11  current system at anytime during this period if the model
12  system does not meet the stated goals and objectives.
13         Section 14.  Section 334.046, Florida Statutes, is
14  amended to read:
15         (Substantial rewording of section.  See
16         s. 334.046, F.S., for present text.)
17         334.046  Department mission, goals, and objectives.--
18         (1)  The mission of the Department of Transportation
19  shall be to provide a safe, interconnected statewide
20  transportation system for Florida's citizens and visitors that
21  ensures the mobility of people and freight, while enhancing
22  economic prosperity and sustaining the quality of our
23  environment.
24         (2)  The department shall document in the Florida
25  Transportation Plan pursuant to s. 339.155 the goals and
26  objectives which provide statewide policy guidance for
27  accomplishing the department's mission.
28         (3)  At a minimum, the department's goals shall address
29  the following:
30         (a)  Providing a safe transportation system for
31  residents, visitors, and commerce.
                                  26
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                                          HB 591, Second Engrossed
  1         (b)  Preservation of the transportation system.
  2         (c)  Providing an interconnected transportation system
  3  to support Florida's economy.
  4         (d)  Providing travel choices to support Florida's
  5  communities.
  6         Section 15.  Section 334.071, Florida Statutes, is
  7  created to read:
  8         334.071  Legislative designation of transportation
  9  facilities.--
10         (1)  Designation of a transportation facility contained
11  in an act of the Legislature is for honorary or memorial
12  purposes or to distinguish a particular facility, and unless
13  specifically provided for, shall not be construed to require
14  any action by a local government or private party regarding
15  the changing of any street signs, mailing address, or 911
16  emergency telephone number system listing.
17         (2)  The effect of such designations shall only be
18  construed to require the placement of markers by the
19  department at the termini or intersections specified for each
20  highway segment or bridge designated, and as authority for the
21  department to place other markers as appropriate for the
22  transportation facility being designated.
23         Section 16.  Section 334.351, Florida Statutes, is
24  amended to read:
25         334.351  Youth work experience program; findings and
26  intent; authority to contract; limitation.--The Legislature
27  finds and declares that young men and women of the state
28  should be given an opportunity to obtain public service work
29  and training experience that protects and conserves the
30  valuable resources of the state and promotes participation in
31  other community enhancement projects. Notwithstanding the
                                  27
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                                          HB 591, Second Engrossed
  1  requirements of chapters 287 and 337, the Department of
  2  Transportation is authorized to contract with public agencies
  3  and nonprofit organizations for the performance of work
  4  related to the construction and maintenance of
  5  transportation-related facilities by youths enrolled in youth
  6  work experience programs. The total amount of contracts
  7  entered into by the department under this section in any
  8  fiscal year may not exceed the amount specifically
  9  appropriated by the Legislature for this program.
10         Section 17.  Subsection (1) of section 335.0415,
11  Florida Statutes, is amended to read:
12         335.0415  Public road jurisdiction and transfer
13  process.--
14         (1)  The jurisdiction of public roads and the
15  responsibility for operation and maintenance within the
16  right-of-way of any road within the state, county, and
17  municipal road system shall be that which existed on June 10,
18  1995 exists on July 1, 1995.
19         Section 18.  Subsection (1) of section 335.093, Florida
20  Statutes, is amended to read:
21         335.093  Scenic highway designation.--
22         (1)  The Department of Transportation may, after
23  consultation with other state agencies and local governments,
24  designate public roads as scenic highways on the state highway
25  system. Public roads Highways designated as scenic highways
26  are intended to preserve, maintain, and protect a part of
27  Florida's cultural, historical, and scenic routes on the State
28  Highway System for vehicular, bicycle, and pedestrian travel.
29         Section 19.  Section 337.025, Florida Statutes, is
30  amended to read:
31
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                                          HB 591, Second Engrossed
  1         337.025  Innovative highway projects; department to
  2  establish program.--The department is authorized to establish
  3  a program for highway projects demonstrating innovative
  4  techniques of highway construction and finance which have the
  5  intended effect of controlling time and cost increases on
  6  construction projects.  Such techniques may include, but are
  7  not limited to, state-of-the-art technology for pavement,
  8  safety, and other aspects of highway construction; innovative
  9  bidding and financing techniques; accelerated construction
10  procedures; and those techniques that have the potential to
11  reduce project life cycle costs.  To the maximum extent
12  practical, the department must use the existing process to
13  award and administer construction contracts.  When specific
14  innovative techniques are to be used, the department is not
15  required to adhere to those provisions of law that would
16  prevent, preclude, or in any way prohibit the department from
17  using the innovative technique.  However, prior to using an
18  innovative technique that is inconsistent with another
19  provision of law, the department must document in writing the
20  need for the exception and identify what benefits the
21  traveling public and the affected community are anticipated to
22  receive. The department may enter into no more than $120 $60
23  million in contracts annually for the purposes authorized by
24  this section.
25         Section 20.  Paragraph (c) is added to subsection (6)
26  of section 337.11, Florida Statutes, and subsection (16) of
27  said section is amended, to read:
28         337.11  Contracting authority of department; bids;
29  emergency repairs, supplemental agreements, and change orders;
30  combined design and construction contracts; progress payments;
31  records; requirements of vehicle registration.--
                                  29
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                                          HB 591, Second Engrossed
  1         (6)
  2         (c)1.  When the department determines that it is in the
  3  best interest of the public for reasons of public concern,
  4  economy, improved operations, or safety, and only when
  5  circumstances dictate rapid completion of the work, the
  6  department may, up to the threshold amount provided in s.
  7  287.017 for CATEGORY FOUR, enter into contracts for
  8  construction and maintenance without advertising and receiving
  9  competitive bids. The department may enter into such contracts
10  only upon a written determination by the district secretary
11  that the work is necessary for one of the following reasons:
12         a.  To ensure timely completion of projects or
13  avoidance of undue delay for other projects;
14         b.  To accomplish minor repairs or construction and
15  maintenance activities for which time is of the essence and
16  for which significant costs savings would occur; or
17         c.  To accomplish nonemergency work necessary to ensure
18  avoidance of adverse conditions that affect the safe and
19  efficient flow of traffic,
20
21  and that written determination shall specify the applicable
22  reason.
23         2.  Prior to entering into any contract pursuant to
24  this paragraph, the department shall make a good faith effort
25  to obtain two or more quotes from qualified contractors, if
26  available. The employee making the good faith effort shall
27  create a short document which contains the names of the
28  qualified contractors and the quotes. If no quotes are
29  available, the employee so shall state. The department shall
30  also consider disadvantaged business enterprise participation
31  in such contracts. When the work exists within the limits of
                                  30
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                                          HB 591, Second Engrossed
  1  an existing department contract, the department shall make a
  2  good faith effort to negotiate and enter into a contract with
  3  the prime contractor on the existing contract.
  4         (16)  The department is authorized to undertake and
  5  contract to provide an owner controlled insurance plan (OCIP)
  6  on any construction project or group of related construction
  7  projects if the head of the department determines that an OCIP
  8  will be both cost-effective for the department and otherwise
  9  in its best interests.  Such OCIP may provide insurance
10  coverage for the department and for worker's compensation and
11  employers liability and general liability and builders risk
12  for contractors and subcontractors, for and in conjunction
13  with any or all work performed on such projects.  The
14  department may directly purchase such coverage in the manner
15  provided for the purchase of commodities pursuant to s.
16  287.057, or self-insure, or use a combination thereof, any
17  other statutory provisions or limitations on self-insurance or
18  purchase of insurance notwithstanding.  The department's
19  authority hereunder includes the purchase of risk management,
20  risk and loss control, safety management, investigative and
21  claims adjustment services, advancement of funds for payment
22  of claims, and other services reasonably necessary to process
23  and pay claims under and administer the OCIP.  In addition to
24  any prequalification required under s. 337.14, no contractor
25  shall be prequalified to bid on an OCIP project unless the
26  contractor's casualty and loss experience and safety record
27  meets the minimum requirements for OCIP coverage issuance on
28  the project, were the contractor to be awarded the project.
29  Exercise of the department's authority under this subsection
30  shall not be deemed a waiver of sovereign immunity.
31
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                                          HB 591, Second Engrossed
  1         Section 21.  Paragraph (a) of subsection (1) of section
  2  337.16, Florida Statutes, is amended to read:
  3         337.16  Disqualification of delinquent contractors from
  4  bidding; determination of contractor nonresponsibility;
  5  denial, suspension, and revocation of certificates of
  6  qualification; grounds; hearing.--
  7         (1)  A contractor shall not be qualified to bid when an
  8  investigation by the department discloses that such contractor
  9  is delinquent on a previously awarded contract, and in such
10  case the contractor's certificate of qualification shall be
11  suspended or revoked.  Any contractor whose certificate of
12  qualification is suspended or revoked for delinquency shall
13  also be disapproved as a subcontractor during the period of
14  suspension or revocation, except when a prime contractor's bid
15  has used prices of a subcontractor who becomes disqualified
16  after the bid and before the request for authorization to
17  sublet is presented.
18         (a)  A contractor is delinquent when unsatisfactory
19  progress is being made on a construction project or when the
20  allowed contract time has expired and the contract work is not
21  complete. Unsatisfactory progress shall be determined in
22  accordance with the contract provisions.
23         Section 22.  Subsection (2) of section 337.162, Florida
24  Statutes, 1998 Supplement, is amended to read:
25         337.162  Professional services.--Professional services
26  provided to the department that fall below acceptable
27  professional standards may result in transportation project
28  delays, overruns, and reduced facility life. To minimize these
29  effects and ensure that quality services are received, the
30  Legislature hereby declares that licensed professionals shall
31
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                                          HB 591, Second Engrossed
  1  be held accountable for the quality of the services they
  2  provide to the department.
  3         (2)  Any person who is employed by the department and
  4  who is licensed by the Department of Business and Professional
  5  Regulation and who, through the course of his or her
  6  employment, has knowledge or reason to believe that any person
  7  has violated the provisions of state professional licensing
  8  laws or rules shall submit a complaint about the violations to
  9  the Department of Business and Professional Regulation.
10  Failure to submit a complaint about the violations may be
11  grounds for disciplinary action pursuant to part I of chapter
12  455 and the state licensing law applicable to that licensee.
13  However, licensees under part II of chapter 475 are exempt
14  from the provisions of s. 455.227(1)(i). The complaint
15  submitted to the Department of Business and Professional
16  Regulation and maintained by the department is confidential
17  and exempt from s. 119.07(1).
18         Section 23.  Subsections (1) and (2) of section 337.18,
19  Florida Statutes, 1998 Supplement, are amended to read:
20         337.18  Surety bonds; requirement with respect to
21  contract award; defaults; damage assessments.--
22         (1)  A surety bond shall be required of the successful
23  bidder in an amount equal to the awarded contract price. For a
24  project for which the contract price is $150,000 or less, the
25  department may waive the requirement for all or a portion of a
26  surety bond if it determines the project is of a noncritical
27  nature and nonperformance will not endanger public health,
28  safety, or property. The department may require alternate
29  means of security if a surety bond is waived. The surety on
30  such bond shall be a surety company authorized to do business
31  in the state. All bonds shall be payable to the department
                                  33
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                                          HB 591, Second Engrossed
  1  Governor and his or her successors in office and conditioned
  2  for the prompt, faithful, and efficient performance of the
  3  contract according to plans and specifications and within the
  4  time period specified, and for the prompt payment of all
  5  persons furnishing labor, material, equipment, and supplies
  6  therefor; however, whenever an improvement, demolition, or
  7  removal contract price is $25,000 or less, the security may,
  8  in the discretion of the bidder, be in the form of a cashier's
  9  check, bank money order of any state or national bank,
10  certified check, or postal money order.
11         (2)  The department shall provide in its contracts for
12  the determination of default on the part of any contractor for
13  cause attributable to such contractor. The department shall
14  have no liability for anticipated profits for unfinished work
15  on a contract which has been determined to be in default.
16  Every contract let by the department for the performance of
17  work shall contain a provision for payment to the department
18  by the contractor of liquidated damages due to failure of the
19  contractor to complete the contract work within the time
20  stipulated in the contract or within such additional time as
21  may have been granted by the department. The contractual
22  provision shall include a reasonable estimate of the damages
23  that would be incurred by the department as a result of such
24  failure. The department shall establish a schedule of daily
25  liquidated damage, based on original contract amounts, charges
26  for construction contracts entered into by the department,
27  which schedule shall be incorporated by reference into the
28  contract. The department shall update the schedule of
29  liquidated damages at least once every 2 years, but no more
30  often than once a year. The schedule shall, at a minimum, be
31  based on the average construction, engineering, and inspection
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                                          HB 591, Second Engrossed
  1  costs experienced by the department on contracts over the 2
  2  preceding fiscal years. The schedule shall also include
  3  anticipated costs of project-related delays and inconveniences
  4  to the department and traveling public. Anticipated costs may
  5  include, but are not limited to, road user costs, a portion of
  6  the projected revenues that will be lost due to failure to
  7  timely open a project to revenue-producing traffic, costs
  8  resulting from retaining detours for an extended time, and
  9  other similar costs. The schedule shall be divided into the
10  following categories, based on the original contract amounts:
11         (a)  $50,000 and under;
12         (b)  Over $50,000 but less than $250,000;
13         (c)  $250,000 or more but less than $500,000;
14         (d)  $500,000 or more but less than $2.5 million;
15         (e)  $2.5 million or more but less than $5 million;
16         (f)  $5 million or more but less than $10 million;
17         (g)  $10 million or more but less than $15 million;
18         (h)  $15 million or more but less than $20 million; and
19         (i)  $20 million and over.
20
21  Any such liquidated damages paid to the department shall be
22  deposited to the credit of the fund from which payment for the
23  work contracted was authorized.
24         Section 24.  Subsections (1), (2), (3), (7), and (8) of
25  section 337.185, Florida Statutes, are amended to read:
26         337.185  State Arbitration Board.--
27         (1)  To facilitate the prompt settlement of claims for
28  additional compensation arising out of construction contracts
29  between the department and the various contractors with whom
30  it transacts business, the Legislature does hereby establish
31  the State Arbitration Board, referred to in this section as
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                                          HB 591, Second Engrossed
  1  the "board." For the purpose of this section, "claim" shall
  2  mean the aggregate of all outstanding claims by a party
  3  arising out of a construction contract.  Every contractual
  4  claim in an amount up to $250,000 $100,000 per contract or, at
  5  the claimant's option, up to $500,000 $250,000 per contract
  6  or, upon agreement of the parties, up to $1,000,000 per
  7  contract that cannot be resolved by negotiation between the
  8  department and the contractor shall be arbitrated by the board
  9  after acceptance of the project by the department.  As an
10  exception, either party to the dispute may request that the
11  claim be submitted to binding private arbitration.  A court of
12  law may not consider the settlement of such a claim until the
13  process established by this section has been exhausted.
14         (2)  The board shall be composed of three members.  One
15  member shall be appointed by the head of the department, and
16  one member shall be elected by those construction companies
17  who are under contract with the department.  The third member
18  shall be chosen by agreement of the other two members.
19  Whenever the third member has a conflict of interest regarding
20  affiliation with one of the parties, the other two members
21  shall select an alternate member for that hearing. The head of
22  the department may select an alternative or substitute to
23  serve as the department member for any hearing or term. Each
24  member shall serve a 2-year term. The board shall elect a
25  chair, each term, who shall be the administrator of the board
26  and custodian of its records.
27         (3)  A hearing may be requested by the department or by
28  a contractor who has a dispute with the department which,
29  under the rules of the board, may be the subject of
30  arbitration.  The board shall conduct the hearing within 45
31  days of the request.  The party requesting the board's
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                                          HB 591, Second Engrossed
  1  consideration shall give notice of the hearing to each member.
  2  If the board finds that a third party is necessary to resolve
  3  the dispute, the board may vote to dismiss the claim, which
  4  may thereafter be pursued in accordance with the laws of the
  5  State of Florida a court of law.
  6         (7)  The members member of the board elected by
  7  construction companies and the third member of the board may
  8  receive compensation for the performance of their duties
  9  hereunder, from administrative fees received by the board,
10  except that no employee of the department may receive
11  compensation from the board. The compensation amount shall be
12  determined by the board, but shall not exceed $125 per hour,
13  up to a maximum of $1,000 $750 per day for each member
14  authorized to receive compensation.  Nothing in this section
15  shall prevent the member elected by construction companies
16  from being an employee of an association affiliated with the
17  industry, even if the sole responsibility of that member is
18  service on the board. Travel expenses for the industry member
19  may be paid by an industry association, if necessary. The
20  board may allocate funds annually for clerical and other
21  administrative services.
22         (8)  The party requesting arbitration shall pay a fee
23  to the board in accordance with a schedule established by it,
24  not to exceed $500 per claim which is $25,000 or less, not to
25  exceed $1,000 per claim which is in excess of $25,000 but not
26  exceeding $50,000, not to exceed $1,500 per claim which is in
27  excess of $50,000 but not exceeding $100,000, not to exceed
28  $2,000 per claim which is in excess of $100,000 but not
29  exceeding $200,000, and not to exceed $3,000 $2,500 per claim
30  which is in excess of $200,000 but not exceeding $300,000
31  $250,000, not to exceed $4,000 per claim which is in excess of
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                                          HB 591, Second Engrossed
  1  $300,000 but not exceeding $400,000, and not to exceed $5,000
  2  per claim which is in excess of $400,000, to cover the cost of
  3  administration and compensation of the board.
  4         Section 25.  (1)  Subsection (1) of section 337.19,
  5  Florida Statutes, is amended to read:
  6         337.19  Suits by and against department; limitation of
  7  actions; forum.--
  8         (1)  Suits at law and in equity may be brought and
  9  maintained by and against the department on any contract claim
10  arising from breach of an express provision or an implied
11  covenant of a written agreement or a written directive issued
12  by the department pursuant to the written agreement. In any
13  such suit, the department and the contractor shall have all of
14  the same rights and obligations as a private person under a
15  like contract, except that no liability may be based on an
16  oral modification of either the written contract or written
17  directive. Nothing herein shall be construed to waive the
18  sovereign immunity of the state and its political subdivisions
19  from equitable claims and equitable remedies. Notwithstanding
20  anything to the contrary contained in this section, no
21  employee or agent of the department may be held personally
22  liable to an extent greater than that pursuant to s. 768.28,
23  under contract for work done; provided, that no suit sounding
24  in tort shall be maintained against the department.
25         (2)  Suits by and against the department under this
26  section shall be commenced within 820 days of the final
27  acceptance of the work.  This section shall apply to all
28  contracts entered into after June 30, 1993.
29         (3)  Any action or suit brought against the department
30  shall be brought in the county or counties where the cause of
31
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                                          HB 591, Second Engrossed
  1  action accrued, or in the county of the department's district
  2  headquarters responsible for the work, or in Leon County.
  3         (2)  The amendment to subsection (1) of section 337.19,
  4  Florida Statutes, as set forth in this section shall apply to
  5  contracts entered into on or after July 1, 1999.
  6         Section 26.  Paragraph (a) of subsection (1) and
  7  paragraph (i) of subsection (4) of section 337.25, Florida
  8  Statutes, are amended to read:
  9         337.25  Acquisition, lease, and disposal of real and
10  personal property.--
11         (1)(a)  The department may purchase, lease, exchange,
12  or otherwise acquire any land, property interests, or
13  buildings or other improvements, including personal property
14  within such buildings or on such lands, necessary to secure or
15  utilize transportation rights-of-way for existing, proposed,
16  or anticipated transportation facilities on the State Highway
17  System, on the State Park Road System, in a rail corridor, or
18  in a transportation corridor designated by the department.
19  Such property shall be held in the name of the state.
20         (4)  The department may sell, in the name of the state,
21  any land, building, or other property, real or personal, which
22  was acquired under the provisions of subsection (1) and which
23  the department has determined is not needed for the
24  construction, operation, and maintenance of a transportation
25  facility. With the exception of any parcel governed by
26  paragraph (c), paragraph (d), paragraph (f), paragraph (g), or
27  paragraph (i), the department shall afford first right of
28  refusal to the local government in the jurisdiction of which
29  the parcel is situated. When such a determination has been
30  made, property may be disposed of in the following manner:
31
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                                          HB 591, Second Engrossed
  1         (i)  If property was originally acquired specifically
  2  to provide replacement housing for persons displaced by
  3  federally assisted transportation projects, the department may
  4  negotiate for the sale of such property as replacement
  5  housing. As compensation, the state shall receive no less than
  6  its investment in such properties or fair market value,
  7  whichever is lower. It is expressly intended that this benefit
  8  be extended only to those persons actually displaced by such
  9  project. Dispositions to any other persons must be for fair
10  market value.
11         Section 27.  Subsection (9) is added to section
12  337.251, Florida Statutes, to read:
13         337.251  Lease of property for joint public-private
14  development and areas above or below department property.--
15         (9)  Notwithstanding chapter 341 or any other provision
16  of law to the contrary, a fixed-guideway transportation system
17  authorized by the department to be wholly or partially within
18  the department's right-of-way pursuant to a lease granted
19  under this section may operate at any safe speed.
20         Section 28.  Subsection (1) of section 337.403, Florida
21  Statutes, is amended to read:
22         337.403  Relocation of utility; expenses.--
23         (1)  Any utility heretofore or hereafter placed upon,
24  under, over, or along any public road or publicly owned rail
25  corridor that is found by the authority to be unreasonably
26  interfering in any way with the convenient, safe, or
27  continuous use, or the maintenance, improvement, extension, or
28  expansion, of such public road or publicly owned rail corridor
29  shall, upon 30 days' written notice to the utility or its
30  agent by the authority, be removed or relocated by such
31
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                                          HB 591, Second Engrossed
  1  utility at its own expense except as provided in paragraphs
  2  (a), and (b), and (c).
  3         (a)  If the relocation of utility facilities, as
  4  referred to in s. 111 of the Federal-Aid Highway Act of 1956,
  5  Pub. L. No. 627 of the 84th Congress, is necessitated by the
  6  construction of a project on the federal-aid interstate
  7  system, including extensions thereof within urban areas, and
  8  the cost of such project is eligible and approved for
  9  reimbursement by the Federal Government to the extent of 90
10  percent or more under the Federal Aid Highway Act, or any
11  amendment thereof, then in that event the utility owning or
12  operating such facilities shall relocate such facilities upon
13  order of the department, and the state shall pay the entire
14  expense properly attributable to such relocation after
15  deducting therefrom any increase in the value of the new
16  facility and any salvage value derived from the old facility.
17         (b)  When a joint agreement between the department and
18  the utility is executed for utility improvement, relocation,
19  or removal work to be accomplished as part of a contract for
20  construction of a transportation facility, the department may
21  participate in those utility improvement, relocation, or
22  removal costs that exceed the department's official estimate
23  of the cost of such work by more than 10 percent. The amount
24  of such participation shall be limited to the difference
25  between the official estimate of all the work in the joint
26  agreement plus 10 percent and the amount awarded for this work
27  in the construction contract for such work. The department may
28  not participate in any utility improvement, relocation, or
29  removal costs that occur as a result of changes or additions
30  during the course of the contract.
31
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                                          HB 591, Second Engrossed
  1         (c)  When an agreement between the department and a
  2  utility is executed for utility improvement, relocation, or
  3  removal work to be accomplished in advance of a contract for
  4  construction of a transportation facility, the department may
  5  participate in the cost of clearing and grubbing necessary to
  6  perform such work.
  7         Section 29.  Paragraph (b) of subsection (2) of section
  8  338.223, Florida Statutes, is amended to read:
  9         338.223  Proposed turnpike projects.--
10         (2)
11         (b)  In accordance with the legislative intent
12  expressed in s. 337.273, and after the requirement of
13  paragraph (1)(c) have been met, the department may acquire
14  lands and property before making a final determination of the
15  economic feasibility of a project. The requirements of
16  paragraph (1)(c) shall not apply to hardship and protective
17  purchases of advance right-of-way by the department. The cost
18  of advance acquisition of right-of-way may be paid from bonds
19  issued under s. 337.276 or from turnpike revenues. For
20  purposes of this paragraph, the term "hardship purchase" means
21  purchase of a residential dwelling of not more than four units
22  from a property owner who is at a disadvantage due to health
23  impairment, job loss, or significant loss of rental income.
24  For purposes of this paragraph, the term "protective purchase"
25  means a purchase to limit development, building, or other
26  intensification of land uses within the area right-of-way is
27  needed for transportation facilities. The department shall
28  give written notice to the Department of Environmental
29  Protection 30 days prior to final agency acceptance as set
30  forth in s. 119.07(3)(n), which notice shall allow the
31  Department of Environmental Protection to comment. Hardship
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                                          HB 591, Second Engrossed
  1  and protective purchases of right-of-way shall not influence
  2  the environmental feasibility of a project, including the
  3  decision relative to the need to construct the project or the
  4  selection of a specific location. Costs to acquire and dispose
  5  of property acquired as hardship and protective purchases are
  6  considered costs of doing business for the department and
  7  shall not be considered in the determination of environmental
  8  feasibility for the project.
  9         Section 30.  Section 338.229, Florida Statutes, is
10  amended to read:
11         338.229  Pledge to bondholders not to restrict certain
12  rights of department.--The state does pledge to, and agree
13  with, the holders of the bonds issued pursuant to ss.
14  338.22-338.241 338.22-338.244 that the state will not limit or
15  restrict the rights vested in the department to construct,
16  reconstruct, maintain, and operate any turnpike project as
17  defined in ss. 338.22-338.241 338.22-338.244 or to establish
18  and collect such tolls or other charges as may be convenient
19  or necessary to produce sufficient revenues to meet the
20  expenses of maintenance and operation of the turnpike system
21  and to fulfill the terms of any agreements made with the
22  holders of bonds authorized by this act and that the state
23  will not in any way impair the rights or remedies of the
24  holders of such bonds until the bonds, together with interest
25  on the bonds, are fully paid and discharged. In implementing
26  this section, the department is specifically authorized to
27  provide for further restrictions on the sale, transfer, lease,
28  or other disposition or operation of any portion of the
29  turnpike system which reduces the revenue available for
30  payment to bondholders.
31
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                                          HB 591, Second Engrossed
  1         Section 31.  Paragraph (a) of subsection (4) of section
  2  339.135, Florida Statutes, is amended to read:
  3         339.135  Work program; legislative budget request;
  4  definitions; preparation, adoption, execution, and
  5  amendment.--
  6         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
  7         (a)1.  To assure that no district or county is
  8  penalized for local efforts to improve the State Highway
  9  System, the department shall, for the purpose of developing a
10  tentative work program, allocate funds for new construction to
11  the districts, except for the turnpike district, based on
12  equal parts of population and motor fuel tax collections.
13  Funds for resurfacing, bridge repair and rehabilitation,
14  bridge fender system construction or repair, public transit
15  projects except public transit block grants as provided in s.
16  341.052, and other programs with quantitative needs
17  assessments shall be allocated based on the results of these
18  assessments. The department may not transfer any funds
19  allocated to a district under this paragraph to any other
20  district except as provided in subsection (7). Funds for
21  public transit block grants shall be allocated to the
22  districts pursuant to s. 341.052.
23         2.  Notwithstanding the provisions of subparagraph 1.,
24  the department shall allocate at least 50 percent of any new
25  discretionary highway capacity funds to the Florida Intrastate
26  Highway System established pursuant to s. 338.001.  Any
27  remaining new discretionary highway capacity funds shall be
28  allocated to the districts for new construction as provided in
29  subparagraph 1. For the purposes of this subparagraph, the
30  term "new discretionary highway capacity funds" means any
31  funds available to the department above the prior year funding
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                                          HB 591, Second Engrossed
  1  level for  capacity improvements, which the department has the
  2  discretion to allocate to highway projects.
  3         Section 32.  Section 339.155, Florida Statutes, is
  4  amended to read:
  5         339.155  Transportation planning.--
  6         (1)  FLORIDA TRANSPORTATION PLAN.--The department shall
  7  develop and annually update a statewide transportation plan,
  8  to be known as the Florida Transportation Plan.  The plan
  9  shall be designed so as to be easily read and understood by
10  the general public.
11         (1)  PURPOSE.--The purpose of the Florida
12  Transportation Plan is to establish and define the state's
13  long-range transportation goals and objectives of the
14  department to be accomplished over a period of at least 20
15  years within the context of the State Comprehensive Plan and
16  any other statutory mandates and authorizations. The Florida
17  Transportation Plan shall consider the needs of the entire
18  state transportation system and examine the use of all modes
19  of transportation to effectively and efficiently meet such
20  needs given to the department. The plan shall define the
21  relationship between the long-range goals and the short-range
22  objectives, and specify those objectives against which the
23  department's achievement of such goals will be measured. The
24  plan shall provide a policy framework within which the
25  department's legislative budget request, the strategic
26  information resource management plan, and the work program are
27  developed.
28         (2)  SCOPE OF PLANNING PROCESS.--
29         (a)  The department shall carry out a transportation
30  planning process that provides for consideration of projects
31  and strategies that will:
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                                          HB 591, Second Engrossed
  1         1.  Support the economic vitality of the United States,
  2  Florida, and the metropolitan areas, especially by enabling
  3  global competitiveness, productivity, and efficiency.
  4         2.  Increase the safety and security of the
  5  transportation system for motorized and nonmotorized users.
  6         3.  Increase the accessibility and mobility options
  7  available to people and for freight.
  8         4.  Protect and enhance the environment, promote energy
  9  conservation, and improve quality of life.
10         5.  Enhance the integration and connectivity of the
11  transportation system across and between modes throughout
12  Florida for people and freight.
13         6.  Promote efficient system management and operation.
14         7.  Emphasize the preservation of the existing
15  transportation system.
16         (b)  Additionally, the transportation planning process
17  shall consider:
18         1.  With respect to nonmetropolitan areas, the concerns
19  of local elected officials representing units of general
20  purpose local government.
21         2.  The concerns of Indian tribal governments and
22  federal land management agencies that have jurisdiction over
23  land within the boundaries of Florida.
24         3.  Coordination of transportation plans, programs, and
25  planning activities with related planning activities being
26  carried out outside of metropolitan planning areas.
27  DEVELOPMENT CRITERIA.--The Florida Transportation Plan shall
28  consider the needs of the entire state transportation system,
29  examine the use of all modes of transportation to effectively
30  and efficiently meet such needs, and provide for the
31  interconnection of all types of modes in a comprehensive
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                                          HB 591, Second Engrossed
  1  intermodal transportation system.  In developing the Florida
  2  Transportation Plan, the department shall consider the
  3  following:
  4         (a)  The results of the management systems required
  5  pursuant to federal laws and regulations.
  6         4.(b)  Any federal, state, or local energy use goals,
  7  objectives, programs, or requirements.
  8         (c)  Strategies for incorporating bicycle
  9  transportation facilities and pedestrian walkways in projects
10  where appropriate throughout the state.
11         (d)  International border crossings and access to
12  ports, airports, intermodal transportation facilities, major
13  freight distribution routes, national parks, recreation and
14  scenic areas, monuments and historic sites, and military
15  installations.
16         5.(e)  The transportation needs of nonmetropolitan
17  areas through a process that includes consultation with local
18  elected officials with jurisdiction over transportation.
19         6.(f)  Consistency of the plan, to the maximum extent
20  feasible, with strategic regional policy plans, metropolitan
21  planning organization plans, and approved local government
22  comprehensive plans so as to contribute to the management of
23  orderly and coordinated community development.
24         (g)  Connectivity between metropolitan areas within the
25  state and with metropolitan areas in other states.
26         (h)  Recreational travel and tourism.
27         (i)  Any state plan developed pursuant to the Federal
28  Water Pollution Control Act.
29         (j)  Transportation system management and investment
30  strategies designed to make the most efficient use of existing
31  transportation facilities.
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                                          HB 591, Second Engrossed
  1         7.(k)  The total social, economic, energy, and
  2  environmental effects of transportation decisions on the
  3  community and region.
  4         8.(l)  Methods to manage traffic congestion and to
  5  prevent traffic congestion from developing in areas where it
  6  does not yet occur, including methods which reduce motor
  7  vehicle travel, particularly single-occupant vehicle travel.
  8         9.(m)  Methods to expand and enhance transit services
  9  and to increase the use of such services.
10         10.(n)  The effect of transportation decisions on land
11  use and land development, including the need for consistency
12  between transportation decisionmaking and the provisions of
13  all applicable short-range and long-range land use and
14  development plans.
15         (o)  Where appropriate, the use of innovative
16  mechanisms for financing projects, including value capture
17  pricing, tolls, and congestion pricing.
18         11.(p)  Preservation and management of rights-of-way
19  for construction of future transportation projects, including
20  identification of unused rights-of-way which may be needed for
21  future transportation corridors, and identification of those
22  corridors for which action is most needed to prevent
23  destruction or loss.
24         (q)  Future, as well as existing, needs of the state
25  transportation system.
26         (r)  Methods to enhance the efficient movement of
27  commercial motor vehicles.
28         (s)  The use of life-cycle costs in the design and
29  engineering of bridges, tunnels, or pavement.
30         12.(t)  Investment strategies to improve adjoining
31  state and local roads that support rural economic growth and
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                                          HB 591, Second Engrossed
  1  tourism development, federal agency renewable resources
  2  management, and multipurpose land management practices,
  3  including recreation development.
  4         (u)  The concerns of Indian tribal governments having
  5  jurisdiction over lands within the boundaries of the state.
  6         (v)  A seaport or airport master plan, which has been
  7  incorporated into an approved local government comprehensive
  8  plan, and the linkage of transportation modes described in
  9  such plan which are needed to provide for the movement of
10  goods and passengers between the seaport or airport and the
11  other transportation facilities.
12         13.(w)  The joint use of transportation corridors and
13  major transportation facilities for alternate transportation
14  and community uses.
15         (x)  The integration of any proposed system into all
16  other types of transportation facilities in the community.
17         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
18  Transportation Plan shall be a unified, concise planning
19  document that clearly defines the state's long-range
20  transportation goals and objectives and documents the
21  department's short-range objectives developed to further such
22  goals and objectives. The plan shall include a glossary that
23  clearly and succinctly defines any and all phrases, words, or
24  terms of art included in the plan, with which the general
25  public may be unfamiliar and shall consist of, at a minimum,
26  the following components:
27         (a)  A long-range component documenting the goals and
28  long-term objectives necessary to implement the results of the
29  department's findings from its examination of the criteria
30  listed in subsection (2).  The long-range component must be
31  developed in cooperation with the metropolitan planning
                                  49
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                                          HB 591, Second Engrossed
  1  organizations and reconciled, to the maximum extent feasible,
  2  with the long-range plans developed by metropolitan planning
  3  organizations pursuant to s. 339.175. The plan shall also be
  4  developed in consultation with affected local officials in
  5  nonmetropolitan areas and with any affected Indian tribal
  6  governments. The plan must provide an examination of
  7  transportation issues likely to arise during at least a
  8  20-year period. The long-range component shall be updated at
  9  least once every 5 years, or more often as necessary, to
10  reflect substantive changes to federal or state law.
11         (b)  A short-range component documenting the short-term
12  objectives and strategies necessary to implement the goals and
13  long-term objectives contained in the long-range component.
14  The short-range component shall define the relationship
15  between the long-range goals and the short-range objectives,
16  specify those objectives against which the department's
17  achievement of such goals will be measured, and identify
18  transportation strategies necessary to efficiently achieve the
19  goals and objectives in the plan. It shall provide a policy
20  framework within which the department's legislative budget
21  request, the strategic information resource management plan,
22  and the work program are developed. The short-range component
23  shall serve as the department's annual agency strategic plan
24  pursuant to s. 186.021. The short-range component shall be
25  developed consistent with the requirements of s. 186.022 and
26  consistent with available and forecasted state and federal
27  funds. In addition to those entities listed in s. 186.022, the
28  short-range component shall also be submitted to the Florida
29  Transportation Commission.
30         (4)  ANNUAL PERFORMANCE REPORT.--The department shall
31  develop an annual performance report evaluating the operation
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                                          HB 591, Second Engrossed
  1  of the department for the preceding fiscal year.  The report,
  2  which shall meet the requirements of s. 186.022, shall also
  3  include a summary of the financial operations of the
  4  department and shall annually evaluate how well the adopted
  5  work program meets the short-term objectives contained in the
  6  short-range component of the Florida Transportation Plan.  In
  7  addition to the entities listed in s. 186.022, this
  8  performance report shall also be submitted to the Florida
  9  Transportation Commission and the legislative appropriations
10  and transportation committees.
11         (5)  ADDITIONAL TRANSPORTATION PLANS.--
12         (a)  Upon request by local governmental entities, the
13  department may in its discretion develop and design
14  transportation corridors, arterial and collector streets,
15  vehicular parking areas, and other support facilities which
16  are consistent with the plans of the department for major
17  transportation facilities.  The department may render to local
18  governmental entities or their planning agencies such
19  technical assistance and services as are necessary so that
20  local plans and facilities are coordinated with the plans and
21  facilities of the department.
22         (b)  Each regional planning council, as provided for in
23  s. 186.504, or any successor agency thereto, shall develop, as
24  an element of its strategic regional policy plan,
25  transportation goals and policies.  The transportation goals
26  and policies shall be consistent, to the maximum extent
27  feasible, with the goals and policies of the metropolitan
28  planning organization and the Florida Transportation Plan.
29  The transportation goals and policies of the regional planning
30  council will be advisory only and shall be submitted to the
31  department and any affected metropolitan planning organization
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                                          HB 591, Second Engrossed
  1  for their consideration and comments. Metropolitan planning
  2  organization plans and other local transportation plans shall
  3  be developed consistent, to the maximum extent feasible, with
  4  the regional transportation goals and policies.  The regional
  5  planning council shall review urbanized area transportation
  6  plans and any other planning products stipulated in s. 339.175
  7  and provide the department and respective metropolitan
  8  planning organizations with written recommendations which the
  9  department and the metropolitan planning organizations shall
10  take under advisement.  Further, the regional planning
11  councils shall directly assist local governments which are not
12  part of a metropolitan area transportation planning process in
13  the development of the transportation element of their
14  comprehensive plans as required by s. 163.3177.
15         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
16  TRANSPORTATION PLANNING.--
17         (a)  During the development of the long-range component
18  of the Florida Transportation Plan, and prior to substantive
19  revisions adoption of all subsequent amendments, the
20  department shall provide citizens, affected public agencies,
21  representatives of transportation agency employees, other
22  affected employee representatives, private providers of
23  transportation, and other known interested parties with an
24  opportunity to comment on the proposed plan or revisions
25  amendments. These opportunities This hearing shall include
26  presentation and discussion of the factors listed in
27  subsection (2) and shall include, at a minimum, publishing a
28  notice in the Florida Administrative Weekly and within a
29  newspaper of general circulation within the area of each
30  department district office. These notices shall be published
31
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                                          HB 591, Second Engrossed
  1  twice prior to the day of the hearing, with the first notice
  2  appearing at least 14 days prior to the hearing.
  3         (b)  During development of major transportation
  4  improvements, such as those increasing the capacity of a
  5  facility through the addition of new lanes or providing new
  6  access to a limited or controlled access facility or
  7  construction of a facility in a new location, the department
  8  shall hold one or more hearings prior to the selection of the
  9  facility to be provided; prior to the selection of the site or
10  corridor of the proposed facility; and prior to the selection
11  of and commitment to a specific design proposal for the
12  proposed facility. Such public hearings shall be conducted so
13  as to provide an opportunity for effective participation by
14  interested persons in the process of transportation planning
15  and site and route selection and in the specific location and
16  design of transportation facilities. The various factors
17  involved in the decision or decisions and any alternative
18  proposals shall be clearly presented so that the persons
19  attending the hearing may present their views relating to the
20  decision or decisions which will be made.
21         (c)  Opportunity for design hearings:
22         1.  The department, prior to holding a design hearing,
23  shall duly notice all affected property owners of record, as
24  recorded in the property appraiser's office, by mail at least
25  20 days prior to the date set for the hearing.  The affected
26  property owners shall be:
27         a.  Those whose property lies in whole or in part
28  within 300 feet on either side of the centerline of the
29  proposed facility.
30
31
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                                          HB 591, Second Engrossed
  1         b.  Those who the department determines will be
  2  substantially affected environmentally, economically,
  3  socially, or safetywise.
  4         2.  For each subsequent hearing, the department shall
  5  daily publish notice at least 14 days immediately prior to the
  6  hearing date in a newspaper of general circulation for the
  7  area affected.
  8         3.  A copy of the notice of opportunity for the hearing
  9  shall be furnished to the United States Department of
10  Transportation and to the appropriate departments of the state
11  government at the time of publication.
12         4.  The opportunity for another hearing shall be
13  afforded in any case when proposed locations or designs are so
14  changed from those presented in the notices specified above or
15  at a hearing as to have a substantially different social,
16  economic, or environmental effect.
17         5.  The opportunity for a hearing shall be afforded in
18  each case in which the department is in doubt as to whether a
19  hearing is required.
20         Section 33.  Section 339.175, Florida Statutes, 1998
21  Supplement, is amended to read:
22         339.175  Metropolitan planning organization.--It is the
23  intent of the Legislature to encourage and promote the safe
24  and efficient management, operation, and development of
25  surface transportation systems embracing various modes of
26  transportation in a manner that will serve maximize the
27  mobility needs of people and freight goods within and through
28  urbanized areas of this state while minimizing and minimize,
29  to the maximum extent feasible, and together with applicable
30  regulatory government agencies, transportation-related fuel
31  consumption and air pollution.  To accomplish these
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                                          HB 591, Second Engrossed
  1  objectives, metropolitan planning organizations, referred to
  2  in this section as M.P.O.'s, shall develop, in cooperation
  3  with the state and public transit operators, transportation
  4  plans and programs for metropolitan areas. The plans and
  5  programs for each metropolitan area shall provide for the
  6  development and integrated management and operation of
  7  transportation systems and facilities, including pedestrian
  8  walkways and bicycle transportation facilities, that will
  9  function as an intermodal transportation system for the
10  metropolitan area. Such plans and programs must provide for
11  the development of transportation facilities that will
12  function as an intermodal transportation system for the
13  metropolitan area. The process for developing such plans and
14  programs shall provide for consideration of all modes of
15  transportation and shall be continuing, cooperative, and
16  comprehensive, to the degree appropriate, based on the
17  complexity of the transportation problems to be addressed.
18         (1)  DESIGNATION.--
19         (a)1.  An M.P.O. shall be designated for each urbanized
20  area of the state.  Such designation shall be accomplished by
21  agreement between the Governor and units of general-purpose
22  local government representing at least 75 percent of the
23  population of the urbanized area; however, the unit of
24  general-purpose local government that represents the central
25  city or cities within the M.P.O. jurisdiction, as defined by
26  the United States Bureau of the Census, must be a party to
27  such agreement.
28         2.  More than one M.P.O. may be designated within an
29  existing metropolitan planning urbanized area only if the
30  Governor and the existing M.P.O. determine determines that the
31  size and complexity of the existing metropolitan planning area
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                                          HB 591, Second Engrossed
  1  make justifies the designation of more than one M.P.O. for the
  2  area appropriate multiple M.P.O.'s.
  3         (b)  Each M.P.O. shall be created and operated under
  4  the provisions of this section pursuant to an interlocal
  5  agreement entered into pursuant to s. 163.01.  The signatories
  6  to the interlocal agreement shall be the department and the
  7  governmental entities designated by the Governor for
  8  membership on the M.P.O. If there is a conflict between this
  9  section and s. 163.01, this section prevails.
10         (c)  The jurisdictional boundaries of an M.P.O. is the
11  metropolitan planning area which is shall be determined by
12  agreement between the Governor and the applicable M.P.O. Each
13  metropolitan planning area shall encompass at least the
14  existing urbanized area and the contiguous area expected to
15  become urbanized within a 20-year forecast period The
16  boundaries must include, at a minimum, the metropolitan area
17  and may encompass include the entire metropolitan statistical
18  area or the consolidated metropolitan statistical area as
19  defined by the United States Department of Commerce, Bureau of
20  the Census.
21         (d)  In the case of an urbanized area designated as a
22  nonattainment area for ozone or carbon monoxide under the
23  Clean Air Act, 42 U.S.C. s. 7401 et seq., the boundaries of
24  the metropolitan planning area in existence as of the date of
25  enactment of this paragraph shall be retained, except that the
26  boundaries may be adjusted by agreement of the Governor and
27  affected metropolitan planning organizations in the manner
28  described in this subsection. If more than one M.P.O. has
29  authority within a metropolitan area or an area that is
30  designated as a nonattainment area, each M.P.O. shall consult
31  with other M.P.O.'s designated for such area and with the
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                                          HB 591, Second Engrossed
  1  state in the coordination of plans and programs required by
  2  this section.
  3
  4  Each M.P.O. required under this section must be fully
  5  operative no later than 6 months following its designation.
  6         (2)  VOTING MEMBERSHIP.--
  7         (a)  The voting membership of an M.P.O. shall consist
  8  of not fewer than 5 or more than 19 apportioned members, the
  9  exact number to be determined on an equitable
10  geographic-population ratio basis by the Governor, based on an
11  agreement among the affected units of general-purpose local
12  government as required by federal rules and regulations. The
13  Governor, in accordance with 23 U.S.C. s. 134, as amended by
14  the Intermodal Surface Transportation Efficiency Act of 1991,
15  may also provide for M.P.O. members who represent
16  municipalities to alternate with representatives from other
17  municipalities within the metropolitan planning designated
18  urban area that do not have members on the M.P.O. County
19  commission members shall compose not less than one-third of
20  the M.P.O. membership, except for an M.P.O. with more than 15
21  members located in a county with a five-member county
22  commission or an M.P.O. with 19 members located in a county
23  with no more than 6 county commissioners, in which case county
24  commission members may compose less than one-third percent of
25  the M.P.O. membership, but all county commissioners must be
26  members. All voting members shall be elected officials of
27  general-purpose governments, except that an M.P.O. may
28  include, as part of its apportioned voting members, a member
29  of a statutorily authorized planning board or an official of
30  an agency that operates or administers a major mode of
31  transportation. In metropolitan areas in which authorities or
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                                          HB 591, Second Engrossed
  1  other agencies have been, or may be, created by law to perform
  2  transportation functions that are not under the jurisdiction
  3  of a general-purpose local government represented on the
  4  M.P.O., they shall be provided voting membership on the M.P.O.
  5  The county commission shall compose not less than 20 percent
  6  of the M.P.O. membership if an official of an agency that
  7  operates or administers a major mode of transportation has
  8  been appointed to an M.P.O.
  9         (b)  In metropolitan areas in which authorities or
10  other agencies have been, or may be, created by law to perform
11  transportation functions that are not under the jurisdiction
12  of a general-purpose local government represented on the
13  M.P.O., they shall be provided voting membership on the M.P.O.
14  In all other M.P.O.'s, where transportation authorities or
15  agencies are to be represented by elected officials from
16  general purpose local governments, the M.P.O. shall establish
17  a process by which the collective interests of such
18  authorities or other agencies are expressed and conveyed.
19         (c)(b)  Any other provision of this section to the
20  contrary notwithstanding, any county chartered under s. 6(e),
21  Art. VIII of the State Constitution may elect to have its
22  county commission serve as the M.P.O., if the M.P.O.
23  jurisdiction is wholly contained within the county.  Any
24  charter county that elects to exercise the provisions of this
25  paragraph shall so notify the Governor in writing.  Upon
26  receipt of such notification, the Governor must designate the
27  county commission as the M.P.O.  The Governor must appoint
28  four additional voting members to the M.P.O., one of whom must
29  be an elected official representing a municipality within the
30  county, one of whom must be an expressway authority member,
31  one of whom must be a person who does not hold elected public
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                                          HB 591, Second Engrossed
  1  office and who resides in the unincorporated portion of the
  2  county, and one of whom must be a school board member.
  3         (3)  APPORTIONMENT.--
  4         (a)  The Governor shall, with the agreement of the
  5  affected units of general-purpose local government as required
  6  by federal rules and regulations, apportion the membership on
  7  the applicable M.P.O. among the various governmental entities
  8  within the area and shall prescribe a method for appointing
  9  alternate members who may vote at any M.P.O. meeting that an
10  alternate member attends in place of a regular member.  An
11  appointed alternate member must be an elected official serving
12  the same governmental entity or a general-purpose local
13  government with jurisdiction within all or part of the area
14  that the regular member serves.  The governmental entity so
15  designated shall appoint the appropriate number of members to
16  the M.P.O. from eligible officials.  Representatives of the
17  department shall serve as nonvoting members of the M.P.O.
18  Nonvoting advisers may be appointed by the M.P.O. as deemed
19  necessary.  The Governor shall review the composition of the
20  M.P.O. membership at least every 5 years and reapportion it as
21  necessary to comply with subsection (2).
22         (b)  Except for members who represent municipalities on
23  the basis of alternating with representatives from other
24  municipalities that do not have members on the M.P.O. as
25  provided in paragraph (2)(a), the members of an M.P.O. shall
26  serve 4-year terms. Members who represent municipalities on
27  the basis of alternating with representatives from other
28  municipalities that do not have members on the M.P.O. as
29  provided in paragraph (2)(a) may serve terms of up to 4 years
30  as further provided in the interlocal agreement described in
31  paragraph (1)(b). The membership of a member who is a public
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                                          HB 591, Second Engrossed
  1  official automatically terminates upon the member's leaving
  2  his or her elective or appointive office for any reason, or
  3  may be terminated by a majority vote of the total membership
  4  of a county or city governing entity represented by the
  5  member.  A vacancy shall be filled by the original appointing
  6  entity.  A member may be reappointed for one or more
  7  additional 4-year terms.
  8         (c)  If a governmental entity fails to fill an assigned
  9  appointment to an M.P.O. within 60 days after notification by
10  the Governor of its duty to appoint, that appointment shall be
11  made by the Governor from the eligible representatives of that
12  governmental entity.
13         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
14  responsibility of an M.P.O. is to manage a continuing,
15  cooperative, and comprehensive transportation planning process
16  that results in the development of plans and programs which
17  are consistent, to the maximum extent feasible, with the
18  approved local government comprehensive plans of the units of
19  local government the boundaries of which are within the
20  metropolitan area of the M.P.O.  An M.P.O. shall be the forum
21  for cooperative decisionmaking by officials of the affected
22  governmental entities in the development of the plans and
23  programs required by subsections (5), (6), (7), and (8).
24         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
25  privileges, and authority of an M.P.O. are those specified in
26  this section or incorporated in an interlocal agreement
27  authorized under s. 163.01.  Each M.P.O. shall perform all
28  acts required by federal or state laws or rules, now and
29  subsequently applicable, which are necessary to qualify for
30  federal aid. It is the intent of this section that each M.P.O.
31  shall be involved in the planning and programming of
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                                          HB 591, Second Engrossed
  1  transportation facilities, including, but not limited to,
  2  airports, intercity and high-speed rail lines, seaports, and
  3  intermodal facilities, to the extent permitted by state or
  4  federal law.
  5         (a)  Each M.P.O. shall, in cooperation with the
  6  department, develop:
  7         1.  A long-range transportation plan pursuant to the
  8  requirements of subsection (6);
  9         2.  An annually updated transportation improvement
10  program pursuant to the requirements of subsection (7); and
11         3.  An annual unified planning work program pursuant to
12  the requirements of subsection (8).
13         (b)  In developing the long-range transportation plan
14  and the transportation improvement program required under
15  paragraph (a), each M.P.O. shall provide for consideration of
16  projects and strategies that will must, at a minimum,
17  consider:
18         1.  Support the economic vitality of the metropolitan
19  area, especially by enabling global competitiveness,
20  productivity, and efficiency.
21         2.  Increase the safety and security of the
22  transportation system for motorized and nonmotorized users.
23         3.  Increase the accessibility and mobility options
24  available to people and for freight.
25         4.  Protect and enhance the environment, promote energy
26  conservation, and improve quality of life.
27         5.  Enhance the integration and connectivity of the
28  transportation system, across and between modes, for people
29  and freight.
30         6.  Promote efficient system management and operation.
31
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                                          HB 591, Second Engrossed
  1         7.  Emphasize the preservation of the existing
  2  transportation system.
  3         (c)  Additionally, each M.P.O. shall consider:
  4         1.  The preservation of existing transportation
  5  facilities and, where practical, ways to meet transportation
  6  needs by using existing facilities more efficiently;
  7         1.2.  The consistency of transportation planning with
  8  applicable federal, state, and local energy conservation
  9  programs, goals, and objectives;
10         3.  The need to relieve congestion and prevent
11  congestion from occurring where it does not yet occur;
12         2.4.  The likely effect of transportation policy
13  decisions on land use and development and the consistency of
14  transportation plans and programs with all applicable
15  short-term and long-term land use and development plans;
16         5.  The programming of transportation enhancement
17  activities as required by federal law;
18         6.  The effect of all transportation projects to be
19  undertaken in the metropolitan area, without regard to whether
20  such projects are publicly funded;
21         7.  The provision of access to seaports, airports,
22  intermodal transportation facilities, major freight
23  distribution routes, national and state parks, recreation
24  areas, monuments and historic sites, and military
25  installations;
26         8.  The need for roads within the metropolitan area to
27  efficiently connect with roads outside the metropolitan area;
28         9.  The transportation needs identified through the use
29  of transportation management systems required by federal or
30  state law;
31
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                                          HB 591, Second Engrossed
  1         3.10.  The preservation of rights-of-way for
  2  construction of future transportation projects, including the
  3  identification of unused rights-of-way that may be needed for
  4  future transportation corridors and the identification of
  5  corridors for which action is most needed to prevent
  6  destruction or loss;
  7         11.  Any available methods to enhance the efficient
  8  movement of freight;
  9         12.  The use of life-cycle costs in the design and
10  engineering of bridges, tunnels, or pavement;
11         4.13.  The overall social, economic, energy, and
12  environmental effects of transportation decisions; and
13         5.14.  Any available methods to expand or enhance
14  transit services and increase the use of such services; and
15         15.  The possible allocation of capital investments to
16  increase security for transit systems.
17         (d)(c)  In order to provide recommendations to the
18  department and local governmental entities regarding
19  transportation plans and programs, each M.P.O. shall:
20         1.  Prepare a congestion management system for the
21  metropolitan area and cooperate with the department in the
22  development of all other transportation management systems
23  required by state or federal law;
24         2.  Assist the department in mapping transportation
25  planning boundaries required by state or federal law;
26         3.  Assist the department in performing its duties
27  relating to access management, functional classification of
28  roads, and data collection;
29         4.  Execute all agreements or certifications necessary
30  to comply with applicable state or federal law;
31
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                                          HB 591, Second Engrossed
  1         5.  Represent all the jurisdictional areas within the
  2  metropolitan area in the formulation of transportation plans
  3  and programs required by this section; and
  4         6.  Perform all other duties required by state or
  5  federal law.
  6         (e)(d)  Each M.P.O. shall appoint a technical advisory
  7  committee that includes planners; engineers; representatives
  8  of local aviation authorities, port authorities, and public
  9  transit authorities or representatives of aviation
10  departments, seaport departments, and public transit
11  departments of municipal or county governments, as applicable;
12  the school superintendent of each county within the
13  jurisdiction of the M.P.O. or the superintendent's designee;
14  and other appropriate representatives of affected local
15  governments. In addition to any other duties assigned to it by
16  the M.P.O. or by state or federal law, the technical advisory
17  committee is responsible for identifying projects contained in
18  the long-range plan or transportation improvement program
19  which deserve to be classified as a school safety concern.
20  Upon receipt of the recommendation from the technical advisory
21  committee that a project should be so classified, the M.P.O.
22  must vote on whether to classify a particular project as a
23  school safety concern.  If the M.P.O. votes that a project
24  should be classified as a school safety concern, the local
25  governmental entity responsible for the project must consider
26  at least two alternatives before making a decision about
27  project location or alignment.
28         (f)(e)1.  Each M.P.O. shall appoint a citizens'
29  advisory committee, the members of which serve at the pleasure
30  of the M.P.O. The membership on the citizens' advisory
31  committee must reflect a broad cross section of local
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                                          HB 591, Second Engrossed
  1  residents with an interest in the development of an efficient,
  2  safe, and cost-effective transportation system. Minorities,
  3  the elderly, and the handicapped must be adequately
  4  represented.
  5         2.  Notwithstanding the provisions of subparagraph 1.,
  6  an M.P.O. may, with the approval of the department and the
  7  applicable federal governmental agency, adopt an alternative
  8  program or mechanism to ensure citizen involvement in the
  9  transportation planning process.
10         (g)(f)  The department shall allocate to each M.P.O.,
11  for the purpose of accomplishing its transportation planning
12  and programming duties, an appropriate amount of federal
13  transportation planning funds.
14         (h)(g)  Each M.P.O. may employ personnel or may enter
15  into contracts with local or state agencies, private planning
16  firms, or private engineering firms to accomplish its
17  transportation planning and programming duties required by
18  state or federal law.
19         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
20  develop a long-range transportation plan that addresses at
21  least a 20-year planning horizon. The plan must include both
22  long-range and short-range strategies and must comply with all
23  other state and federal requirements. The long-range
24  transportation plan must be consistent, to the maximum extent
25  feasible, with future land use elements and the goals,
26  objectives, and policies of the approved local government
27  comprehensive plans of the units of local government located
28  within the jurisdiction of the M.P.O. The approved long-range
29  transportation plan must be considered by local governments in
30  the development of the transportation elements in local
31
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                                          HB 591, Second Engrossed
  1  government comprehensive plans and any amendments thereto. The
  2  long-range transportation plan must, at a minimum:
  3         (a)  Identify transportation facilities, including, but
  4  not limited to, major roadways, airports, seaports, commuter
  5  rail systems, transit systems, and intermodal or multimodal
  6  terminals that will function as an integrated metropolitan
  7  transportation system.  The long-range transportation plan
  8  must give emphasis to those transportation facilities that
  9  serve national, statewide, or regional functions, and must
10  consider the goals and objectives identified in the Florida
11  Transportation Plan as provided in s. 339.155. If a project is
12  located within the boundaries of more than one M.P.O., the
13  M.P.O.'s shall coordinate plans regarding the project in the
14  long-range transportation plan.
15         (b)  Include a financial plan that demonstrates how the
16  plan can be implemented, indicating resources from public and
17  private sources which are reasonably expected to be available
18  to carry out the plan, and recommends any additional financing
19  strategies for needed projects and programs. The financial
20  plan may include, for illustrative purposes, additional
21  projects that would be included in the adopted long-range
22  transportation plan if reasonable additional resources beyond
23  those identified in the financial plan were available. For the
24  purpose of developing the long-range transportation plan, the
25  M.P.O. and the department shall cooperatively develop
26  estimates of funds that will be available to support plan
27  implementation. Innovative financing techniques that may be
28  used to fund needed projects and programs.  Such techniques
29  may include the assessment of tolls, the use of value capture
30  financing, or the use of value congestion pricing.
31
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                                          HB 591, Second Engrossed
  1         (c)  Assess capital investment and other measures
  2  necessary to:
  3         1.  Ensure the preservation of the existing
  4  metropolitan transportation system including requirements for
  5  the operation, resurfacing, restoration, and rehabilitation of
  6  major roadways and requirements for the operation,
  7  maintenance, modernization, and rehabilitation of public
  8  transportation facilities; and
  9         2.  Make the most efficient use of existing
10  transportation facilities to relieve vehicular congestion and
11  maximize the mobility of people and goods.
12         (d)  Indicate, as appropriate, proposed transportation
13  enhancement activities, including, but not limited to,
14  pedestrian and bicycle facilities, scenic easements,
15  landscaping, historic preservation, mitigation of water
16  pollution due to highway runoff, and control of outdoor
17  advertising.
18         (e)  In addition to the requirements of paragraphs
19  (a)-(d), in metropolitan areas that are classified as
20  nonattainment areas for ozone or carbon monoxide, the M.P.O.
21  must coordinate the development of the long-range
22  transportation plan with the State Implementation Plan
23  developed pursuant to the requirements of the federal Clean
24  Air Act.
25
26  In the development of its long-range transportation plan, each
27  M.P.O. must provide citizens, affected public agencies,
28  representatives of transportation agency employees, freight
29  shippers, providers of freight transportation services,
30  private providers of transportation, representatives of users
31  of public transit, and other interested parties, and members
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                                          HB 591, Second Engrossed
  1  of the general public with a reasonable opportunity to comment
  2  on the long-range transportation plan. The long-range
  3  transportation plan must be approved by the M.P.O.
  4         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
  5  shall, in cooperation with the state and affected public
  6  transportation operators, develop a transportation improvement
  7  program for the area within the jurisdiction of the M.P.O.  In
  8  the development of the transportation improvement program,
  9  each M.P.O. must provide citizens, affected public transit
10  agencies, representatives of transportation agency employees,
11  freight shippers, providers of freight transportation
12  services, private providers of transportation, representatives
13  of users of public transit, and other interested parties, and
14  members of the general public with a reasonable opportunity to
15  comment on the proposed transportation improvement program.
16         (a)  Each M.P.O. is responsible for developing,
17  annually, a list of project priorities and a transportation
18  improvement program. The transportation improvement program
19  will be used to initiate federally aided transportation
20  facilities and improvements as well as other transportation
21  facilities and improvements including transit, rail, aviation,
22  and port facilities to be funded from the State Transportation
23  Trust Fund within its metropolitan area in accordance with
24  existing and subsequent federal and state laws and rules and
25  regulations related thereto.  The transportation improvement
26  program shall be consistent, to the maximum extent feasible,
27  with the approved local government comprehensive plans of the
28  units of local government whose boundaries are within the
29  metropolitan area of the M.P.O.
30         (b)  Each M.P.O. annually shall prepare a list of
31  project priorities and shall submit the list to the
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                                          HB 591, Second Engrossed
  1  appropriate district of the department by October 1 of each
  2  year; however, the department and a metropolitan planning
  3  organization may, in writing, agree to vary this submittal
  4  date. The list of project priorities must be formally reviewed
  5  by the technical and citizens' advisory committees, and
  6  approved by the M.P.O., before it is transmitted to the
  7  district. The approved list of project priorities must be used
  8  by the district in developing the district work program and
  9  must be used by the M.P.O. in developing its transportation
10  improvement program. The annual list of project priorities
11  must be based upon project selection criteria that, at a
12  minimum, consider the following:
13         1.  The approved M.P.O. long-range transportation plan;
14         2.  The results of the transportation management
15  systems; and
16         3.  The M.P.O.'s public-involvement procedures.
17         (c)  The transportation improvement program must, at a
18  minimum:
19         1.  Include projects and project phases to be funded
20  with state or federal funds within the time period of the
21  transportation improvement program and which are recommended
22  for advancement during the next fiscal year and 4 subsequent
23  fiscal years.  Such projects and project phases must be
24  consistent, to the maximum extent feasible, with the approved
25  local government comprehensive plans of the units of local
26  government located within the jurisdiction of the M.P.O.  For
27  informational purposes, the transportation improvement program
28  shall also include a list of projects to be funded from local
29  or private revenues.
30         2.  Include projects within the metropolitan area which
31  are proposed for funding under 23 U.S.C. s. 134 of the Federal
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                                          HB 591, Second Engrossed
  1  Transit Act and which are consistent with the long-range
  2  transportation plan developed under subsection (6).
  3         3.  Provide a financial plan that demonstrates how the
  4  transportation improvement program can be implemented;
  5  indicates the resources, both public and private, that are
  6  reasonably expected to be available to accomplish the program;
  7  identifies and recommends any innovative financing techniques
  8  that may be used to fund needed projects and programs; and may
  9  include, for illustrative purposes, additional projects that
10  would be included in the approved transportation improvement
11  program if reasonable additional resources beyond those
12  identified in the financial plan were available.  Innovative
13  financing Such techniques may include the assessment of tolls,
14  the use of value capture financing, or the use of value
15  congestion pricing.  The transportation improvement program
16  shall may include a project or project phase only if full
17  funding can reasonably be anticipated to be available for the
18  project or project phase within the time period contemplated
19  for completion of the project or project phase.
20         4.  Group projects and project phases of similar
21  urgency and anticipated staging into appropriate staging
22  periods.
23         5.  Indicate how the transportation improvement program
24  relates to the long-range transportation plan developed under
25  subsection (6), including providing examples of specific
26  projects or project phases that further the goals and policies
27  of the long-range transportation plan.
28         6.  Indicate whether any project or project phase is
29  inconsistent with an approved comprehensive plan of a unit of
30  local government located within the jurisdiction of the M.P.O.
31  If a project is inconsistent with an affected comprehensive
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                                          HB 591, Second Engrossed
  1  plan, the M.P.O. must provide justification for including the
  2  project in the transportation improvement program.
  3         7.  Indicate how the improvements are consistent, to
  4  the maximum extent feasible, with affected seaport and airport
  5  master plans and with public transit development plans of the
  6  units of local government located within the jurisdiction of
  7  the M.P.O. If a project is located within the boundaries of
  8  more than one M.P.O., the M.P.O.'s shall coordinate plans
  9  regarding the project in the transportation improvement
10  program.
11         (d)  Projects included in the transportation
12  improvement program and that have advanced to the design stage
13  of preliminary engineering may be removed from or rescheduled
14  in a subsequent transportation improvement program only by the
15  joint action of the M.P.O. and the department. Except when
16  recommended in writing by the district secretary for good
17  cause, any project removed from or rescheduled in a subsequent
18  transportation improvement program shall not be rescheduled by
19  the M.P.O. in that subsequent program earlier than the 5th
20  year of such program.
21         (e)  During development of the transportation
22  improvement program, the M.P.O. shall, in cooperation with the
23  department and any affected public transit operation, provide
24  citizens, affected public agencies, representatives of
25  transportation agency employees, freight shippers, providers
26  of freight transportation services, private providers of
27  transportation, representatives of users of public transit,
28  and other interested parties with reasonable notice of and an
29  opportunity to comment on the proposed program.
30         (f)(e)  The adopted annual transportation improvement
31  program for M.P.O.'s in nonattainment or maintenance areas
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                                          HB 591, Second Engrossed
  1  must be submitted to the district secretary and the Department
  2  of Community Affairs at least 90 days before the submission of
  3  the state transportation improvement program by the department
  4  to the appropriate federal agencies. The annual transportation
  5  improvement program for M.P.O.'s in attainment areas must be
  6  submitted to the district secretary and the Department of
  7  Community Affairs at least 45 days before the department
  8  submits the state transportation improvement program to the
  9  appropriate federal agencies; however, the department, the
10  Department of Community Affairs, and a metropolitan planning
11  organization may, in writing, agree to vary this submittal
12  date.  The Governor or the Governor's designee shall review
13  and approve each transportation improvement program and any
14  amendments thereto.
15         (g)(f)  The Department of Community Affairs shall
16  review the annual transportation improvement program of each
17  M.P.O. for consistency with the approved local government
18  comprehensive plans of the units of local government whose
19  boundaries are within the metropolitan area of each M.P.O. and
20  shall identify those projects that are inconsistent with such
21  comprehensive plans. The Department of Community Affairs shall
22  notify an M.P.O. of any transportation projects contained in
23  its transportation improvement program which are inconsistent
24  with the approved local government comprehensive plans of the
25  units of local government whose boundaries are within the
26  metropolitan area of the M.P.O.
27         (h)  The M.P.O. shall annually publish or otherwise
28  make available for public review the annual listing of
29  projects for which federal funds have been obligated in the
30  preceding year. Project monitoring systems shall be maintained
31
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                                          HB 591, Second Engrossed
  1  by those agencies responsible for obligating federal funds and
  2  made accessible to the M.P.O.'s.
  3         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
  4  develop, in cooperation with the department and public
  5  transportation providers, a unified planning work program that
  6  lists all planning tasks to be undertaken during the program
  7  year. The unified planning work program must provide a
  8  complete description of each planning task and an estimated
  9  budget therefor and must comply with applicable state and
10  federal law.
11         (9)  AGREEMENTS.--
12         (a)  Each M.P.O. shall execute the following written
13  agreements, which shall be reviewed, and updated as necessary,
14  every 5 years:
15         1.  An agreement with the department clearly
16  establishing the cooperative relationship essential to
17  accomplish the transportation planning requirements of state
18  and federal law.
19         2.  An agreement with the metropolitan and regional
20  intergovernmental coordination and review agencies serving the
21  metropolitan areas, specifying the means by which activities
22  will be coordinated and how transportation planning and
23  programming will be part of the comprehensive planned
24  development of the area.
25         3.  An agreement with operators of public
26  transportation systems, including transit systems, commuter
27  rail systems, airports, and seaports, describing the means by
28  which activities will be coordinated and specifying how public
29  transit, commuter rail, aviation, and seaport planning and
30  programming will be part of the comprehensive planned
31  development of the metropolitan area.
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                                          HB 591, Second Engrossed
  1         (b)  An M.P.O. may execute other agreements required by
  2  state or federal law or as necessary to properly accomplish
  3  its functions.
  4         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
  5  COUNCIL.--
  6         (a)  A Metropolitan Planning Organization Advisory
  7  Council is created to augment, and not supplant, the role of
  8  the individual M.P.O.'s in the cooperative transportation
  9  planning process described in s. 339.155(5).
10         (b)  The council shall consist of one representative
11  from each M.P.O. and shall elect a chairperson annually from
12  its number.  Each M.P.O. shall also elect an alternate
13  representative from each M.P.O. to vote in the absence of the
14  representative. Members of the council do not receive any
15  compensation for their services, but may be reimbursed from
16  funds made available to council members for travel and per
17  diem expenses incurred in the performance of their council
18  duties as provided in s. 112.061.
19         (c)  The powers and duties of the Metropolitan Planning
20  Organization Advisory Council are to:
21         1.  Enter into contracts with individuals, private
22  corporations, and public agencies.
23         2.  Acquire, own, operate, maintain, sell, or lease
24  personal property essential for the conduct of business.
25         3.  Accept funds, grants, assistance, gifts, or
26  bequests from private, local, state, or federal sources.
27         4.  Establish bylaws and adopt rules pursuant to ss.
28  120.536(1) and 120.54 to implement provisions of law
29  conferring powers or duties upon it.
30
31
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                                          HB 591, Second Engrossed
  1         5.  Assist M.P.O.'s in carrying out the urbanized area
  2  transportation planning process by serving as the principal
  3  forum for collective policy discussion pursuant to law.
  4         6.  Serve as a clearinghouse for review and comment by
  5  M.P.O.'s on the Florida Transportation Plan and on other
  6  issues required to comply with federal or state law in
  7  carrying out the urbanized area transportation and systematic
  8  planning processes instituted pursuant to s. 339.155.
  9         7.  Employ an executive director and such other staff
10  as necessary to perform adequately the functions of the
11  council, within budgetary limitations. The executive director
12  and staff are exempt from part II of chapter 110 and serve at
13  the direction and control of the council.  The council is
14  assigned to the Office of the Secretary of the Department of
15  Transportation or for fiscal and accountability purposes, but
16  it shall otherwise function independently of the control and
17  direction of the department.
18         8.  Adopt an agency strategic plan that provides the
19  priority directions the agency will take to carry out its
20  mission within the context of the state comprehensive plan and
21  any other statutory mandates and directions given to the
22  agency.
23         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by
24  an agency of the Federal Government that any provision of this
25  section conflicts with federal laws or regulations, such
26  federal laws or regulations will take precedence to the extent
27  of the conflict until such conflict is resolved.  The
28  department or an M.P.O. may take any necessary action to
29  comply with such federal laws and regulations or to continue
30  to remain eligible to receive federal funds.
31
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                                          HB 591, Second Engrossed
  1         Section 34.  Subsections (8) and (10) of section
  2  341.031, Florida Statutes, are amended to read:
  3         341.031  Definitions.--As used in ss. 341.011-341.061,
  4  the term:
  5         (8)  "Public transit service development project" means
  6  a project undertaken by a public agency to determine whether a
  7  new or innovative technique or measure can be utilized to
  8  improve or expand public transit services to its constituency.
  9  The duration of the project shall be limited according to the
10  type of the project in conformance with the provisions of s.
11  341.051(5)(e)(f), but in no case shall exceed a period of 3
12  years.  Public transit service development projects
13  specifically include projects involving the utilization of new
14  technologies, services, routes, or vehicle frequencies; the
15  purchase of special transportation services; and other such
16  techniques for increasing service to the riding public as are
17  applicable to specific localities and transit user groups.
18         (10)  "Transit corridor project" means a project that
19  is undertaken by a public agency and designed to relieve
20  congestion and improve capacity within an identified
21  transportation corridor by increasing people-carrying capacity
22  of the system through the use and facilitated movement of
23  high-occupancy conveyances.  Each transit corridor project
24  must meet the requirements established in s. 341.051(5)(d)(e)
25  and, if applicable, the requirements of the department's major
26  capital investment policy developed pursuant to s.
27  341.051(5)(b).  Initial project duration shall not exceed a
28  period of 2 years unless the project is reauthorized by the
29  Legislature.  Such reauthorization shall be based upon a
30  determination that the project is meeting or exceeding the
31  criteria, developed pursuant to s. 341.051(5)(d)(e), by which
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                                          HB 591, Second Engrossed
  1  the success of the project is being judged and by inclusion of
  2  the project in a departmental appropriation request.
  3         Section 35.  Subsection (14) is added to section
  4  341.041, Florida Statutes, 1998 Supplement, to read:
  5         341.041  Transit responsibilities of the
  6  department.--The department shall, within the resources
  7  provided pursuant to chapter 216:
  8         (14)  Create and maintain a common self-retention
  9  insurance fund to support fixed-guideway projects throughout
10  the state where there is a contractual or legal obligation to
11  have such fund in existence in order to provide fixed-guideway
12  services. The maximum limit of such fund shall be as required
13  by any contractual or legal obligation.
14         Section 36.  Subsection (5) of section 341.051, Florida
15  Statutes, is amended to read:
16         341.051  Administration and financing of public transit
17  programs and projects.--
18         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--
19         (a)  The department may fund up to 50 percent of the
20  nonfederal share of the costs, not to exceed the local share,
21  of any eligible public transit capital project or commuter
22  assistance project that is local in scope; except, however,
23  that departmental participation in the final design,
24  right-of-way acquisition, and construction phases of an
25  individual fixed-guideway project which is not approved for
26  federal funding shall not exceed an amount equal to 12.5
27  percent of the total cost of each phase.
28         (b)  The Department of Transportation shall develop a
29  major capital investment policy which shall include policy
30  criteria and guidelines for the expenditure or commitment of
31
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                                          HB 591, Second Engrossed
  1  state funds for public transit capital projects. The policy
  2  shall include the following:
  3         1.  Methods to be used to determine consistency of a
  4  transit project with the approved local government
  5  comprehensive plans of the units of local government in which
  6  the project is located.
  7         2.  Methods for evaluating the level of local
  8  commitment to a transit project, which is to be demonstrated
  9  through system planning and the development of a feasible plan
10  to fund operating cost through fares, value capture techniques
11  such as joint development and special districts, or other
12  local funding mechanisms.
13         3.  Methods for evaluating alternative transit systems
14  including an analysis of technology and alternative methods
15  for providing transit services in the corridor.
16
17  The department shall present such investment policy to both
18  the Senate Transportation Committee and the House Public
19  Transportation Committee along with recommended legislation by
20  March 1, 1991.
21         (b)(c)  The department is authorized to fund up to 100
22  percent of the cost of any eligible transit capital project or
23  commuter assistance project that is statewide in scope or
24  involves more than one county where no other governmental
25  entity or appropriate jurisdiction exists.
26         (c)(d)  The department is authorized to advance up to
27  80 percent of the capital cost of any eligible project that
28  will assist Florida's transit systems in becoming fiscally
29  self-sufficient.  Such advances shall be reimbursed to the
30  department on an appropriate schedule not to exceed 5 years
31  after the date of provision of the advances.
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                                          HB 591, Second Engrossed
  1         (d)(e)  The department is authorized to fund up to 100
  2  percent of the capital and net operating costs of statewide
  3  transit service development projects or transit corridor
  4  projects.  All transit service development projects shall be
  5  specifically identified by way of a departmental appropriation
  6  request, and transit corridor projects shall be identified as
  7  part of the planned improvements on each transportation
  8  corridor designated by the department.  The project
  9  objectives, the assigned operational and financial
10  responsibilities, the timeframe required to develop the
11  required service, and the criteria by which the success of the
12  project will be judged shall be documented by the department
13  for each such transit service development project or transit
14  corridor project.
15         (e)(f)  The department is authorized to fund up to 50
16  percent of the capital and net operating costs of transit
17  service development projects that are local in scope and that
18  will improve system efficiencies, ridership, or revenues.  All
19  such projects shall be identified in the appropriation request
20  of the department through a specific program of projects, as
21  provided for in s. 341.041, that is selectively applied in the
22  following functional areas and is subject to the specified
23  times of duration:
24         1.  Improving system operations, including, but not
25  limited to, realigning route structures, increasing system
26  average speed, decreasing deadhead mileage, expanding area
27  coverage, and improving schedule adherence, for a period of up
28  to 3 years;
29         2.  Improving system maintenance procedures, including,
30  but not limited to, effective preventive maintenance programs,
31  improved mechanics training programs, decreasing service
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                                          HB 591, Second Engrossed
  1  repair calls, decreasing parts inventory requirements, and
  2  decreasing equipment downtime, for a period of up to 3 years;
  3         3.  Improving marketing and consumer information
  4  programs, including, but not limited to, automated information
  5  services, organized advertising and promotion programs, and
  6  signing of designated stops, for a period of up to 2 years;
  7  and
  8         4.  Improving technology involved in overall
  9  operations, including, but not limited to, transit equipment,
10  fare collection techniques, electronic data processing
11  applications, and bus locators, for a period of up to 2 years.
12
13  The term "net operating costs" means all operating costs of a
14  project less any federal funds, fares, or other sources of
15  income to the project.
16         Section 37.  Subsections (2) through (5) of section
17  341.053, Florida Statutes, are renumbered as subsections (3)
18  through (6), respectively, and a new subsection (2) is added
19  to that section to read:
20         341.053  Intermodal Development Program;
21  administration; eligible projects; limitations.--
22         (2)  In recognition of the department's role in the
23  economic development of this state, the department shall
24  develop a proposed intermodal development plan to connect
25  Florida's airports, deepwater seaports, rail systems serving
26  both passenger and freight, and major intermodal connectors to
27  the Florida Intrastate Highway System facilities as the
28  primary system for the movement of people and freight in this
29  state in order to make the intermodal development plan a fully
30  integrated and interconnected system. The intermodal
31  development plan must:
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                                          HB 591, Second Engrossed
  1         (a)  Define and assess the state's freight intermodal
  2  network, including airports, seaports, rail lines and
  3  terminals, and connecting highways.
  4         (b)  Prioritize statewide infrastructure investments,
  5  including the acceleration of current projects, which are
  6  found by the Freight Stakeholders Task Force to be priority
  7  projects for the efficient movement of people and freight.
  8         (c)  Be developed in a manner that will assure maximum
  9  use of existing facilities and optimum integration and
10  coordination of the various modes of transportation, including
11  both government-owned and privately owned resources, in the
12  most cost-effective manner possible.
13         Section 38.  Subsections (6) and (8) of section
14  341.302, Florida Statutes, are amended to read:
15         341.302  Rail program, duties and responsibilities of
16  the department.--The department, in conjunction with other
17  governmental units and the private sector, shall develop and
18  implement a rail program of statewide application designed to
19  ensure the proper maintenance, safety, revitalization, and
20  expansion of the rail system to assure its continued and
21  increased availability to respond to statewide mobility needs.
22  Within the resources provided pursuant to chapter 216, and as
23  authorized under Title 49 C.F.R. part 212, the department
24  shall:
25         (6)  Secure and administer federal grants, loans, and
26  apportionments for rail projects within this state when
27  necessary to further the statewide program.
28         (8)  Conduct, at a minimum, inspections of track and
29  rolling stock, train signals and related equipment, hazardous
30  materials transportation, including the loading, unloading,
31  and labeling of hazardous materials at shipper, receiver, and
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                                          HB 591, Second Engrossed
  1  transfer points, and train operating practices to determine
  2  adherence to state and federal standards.  Department
  3  personnel may enforce any safety regulation issued under the
  4  Federal Government's preemptive authority over interstate
  5  commerce.
  6         Section 39.  Section 348.9401, Florida Statutes, is
  7  amended to read:
  8         348.9401  Short title.--This part shall be known and
  9  may be cited as the "St. Lucie County Expressway and Bridge
10  Authority Law."
11         Section 40.  Subsections (2) and (11) of section
12  348.941, Florida Statutes, are amended to read:
13         348.941  Definitions.--As used in this part, unless the
14  context clearly indicates otherwise, the term:
15         (2)  "Authority" means the St. Lucie County Expressway
16  and Bridge Authority.
17         (11)  "St. Lucie County Expressway and Bridge System"
18  means:
19         (a)  any and all expressways in St. Lucie County and
20  appurtenant facilities thereto, including, but not limited to,
21  all approaches, roads, bridges, and avenues of access for such
22  expressway or expressways; and
23         (b)  The Indian River Lagoon Bridge.
24         Section 41.  The catchline and subsections (1) and (2)
25  of section 348.942, Florida Statutes, are amended to read:
26         348.942  St. Lucie County and Bridge Expressway
27  Authority.--
28         (1)  There is created and established a body politic
29  and corporate, an agency of the state, to be known as the "St.
30  Lucie County Expressway and Bridge Authority," hereinafter
31  referred to as the "authority."
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                                          HB 591, Second Engrossed
  1         (2)  The authority shall have the exclusive right to
  2  exercise all those powers herein set forth; and no other
  3  entity, body, or authority, whether within or without St.
  4  Lucie County, may either directly or indirectly exercise any
  5  jurisdiction, control, authority, or power in any manner
  6  relating to any expressway and bridge system within St. Lucie
  7  County without either the express consent of the authority or
  8  as otherwise provided herein.
  9         Section 42.  Paragraph (a) of subsection (1) and
10  paragraph (g) of subsection (2) of section 348.943, Florida
11  Statutes, are amended to read:
12         348.943  Purposes and powers.--
13         (1)(a)  The authority created and established by the
14  provisions of this part is granted and shall have the right to
15  acquire, hold, construct, improve, maintain, operate, own, and
16  lease the St. Lucie County Expressway and Bridge System,
17  hereinafter referred to as the "system."
18         (2)  The authority is granted, and shall have and may
19  exercise, all powers necessary, appurtenant, convenient, or
20  incidental to the carrying out of the aforesaid purposes,
21  including, but not limited to, the following rights and
22  powers:
23         (g)1.  To borrow money as provided by the State Bond
24  Act or, in the alternative, pursuant to the provisions of s.
25  348.944(3), and in either case for any purpose of the
26  authority authorized, including the financing or refinancing
27  of the cost of all or any part of the system.
28         2.  The authority shall reimburse St. Lucie County for
29  any sums expended, together with interest at the highest rate
30  applicable to the bonds of the authority for which the sums
31
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                                          HB 591, Second Engrossed
  1  were required, from the St. Lucie County gasoline tax funds
  2  for payment of the bonds.
  3         Section 43.  Section 348.944, Florida Statutes, is
  4  amended to read:
  5         348.944  Bonds.--
  6         (1)  Bonds may be issued on behalf of the authority as
  7  provided by the State Bond Act.
  8         (2)  As an alternative to subsection (1), the authority
  9  may issue its own bonds pursuant to subsection (3) in such
10  principal amounts as, in the opinion of the authority, are
11  necessary to provide sufficient moneys for achieving its
12  corporate purposes, so long as such bonds do not pledge the
13  full faith and credit of the state, St. Lucie County, or any
14  municipality in St. Lucie County.
15         (3)  The bonds of the authority issued pursuant to this
16  subsection, whether on original issuance or on refunding,
17  shall be authorized by resolution of the members thereof and
18  may be either term or serial bonds, shall bear such date or
19  dates, mature at such time or times, not exceeding 40 years
20  from their respective dates, bear interest at such rate or
21  rates (not exceeding the maximum lawful rate), fixed or
22  variable, be in such denominations, be in such form, carry
23  such registration, exchangeability, and interchangeability
24  privileges, be payable in such medium of payment and at such
25  place or places, be subject to such terms of redemption, with
26  or without premium, and have such rank and be entitled to such
27  priorities on the revenues, tolls, fees, rentals, or other
28  charges, receipts, or moneys of the authority, including any
29  moneys received pursuant to the terms of any lease-purchase
30  agreement between the authority and the department, as such
31  resolution or any resolution subsequent thereto may provide.
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                                          HB 591, Second Engrossed
  1  The bonds shall be executed either by manual or facsimile
  2  signature by such officers as the authority shall determine.
  3  The term "bonds" shall include all forms of indebtedness,
  4  including notes. The proceeds of any bonds shall be used for
  5  such purposes and shall be disbursed in such manner and under
  6  such restrictions, if any, as the authority may provide
  7  pursuant to resolution. The bonds may also be issued pursuant
  8  to an indenture of trust or other agreement with such trustee
  9  or fiscal agent as may be selected by the authority. The
10  resolution, indenture of trust, or other agreement may contain
11  such provisions securing the bonds as the authority deems
12  appropriate. The principal of and the interest on the bonds
13  shall be payable from such revenues, tolls, fees, rentals, or
14  other charges, receipts, or moneys as determined by the
15  authority pursuant to resolution. The authority may grant a
16  lien upon and pledge such revenues, tolls, fees, rentals, or
17  other charges, receipts, or moneys in favor of the holders of
18  each series of bonds in the manner and to the extent provided
19  by the authority by resolution. Such revenues, tolls, fees,
20  rentals, or other charges, receipts, or moneys shall
21  immediately be subject to such lien without any physical
22  delivery thereof, and such lien shall be valid and binding as
23  against all parties having claims of any kind in tort,
24  contract, or otherwise against the authority.
25         (4)  Bonds issued by or on behalf of the authority
26  shall be sold at public sale in the manner provided by the
27  State Bond Act. However, if the authority shall determine by
28  resolution that a negotiated sale of the bonds is in the best
29  interest of the authority, the authority may negotiate for
30  sale of the bonds with the underwriter or underwriters
31  designated by the division in the case of bonds issued
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                                          HB 591, Second Engrossed
  1  pursuant to subsection (1) or the authority in the case of
  2  bonds issued pursuant to subsection (3). The authority shall
  3  provide a specific finding by resolution as to the reason
  4  requiring the negotiated sale. Pending the preparation of
  5  definitive bonds, interim certificates may be issued to the
  6  purchaser or purchasers of such bonds and may contain such
  7  terms and conditions as the authority may determine.
  8         Section 44.  Section 348.9495, Florida Statutes, is
  9  created to read:
10         348.9495  Exemption from taxation.--The effectuation of
11  the authorized purposes of the authority created under this
12  part is, shall, and will be in all respects for the benefit of
13  the people of the state, for the increase of their commerce
14  and prosperity, and for the improvement of their health and
15  living conditions, and, since such authority will be
16  performing essential governmental functions in effectuating
17  such purposes, such authority shall not be required to pay any
18  taxes or assessments of any kind or nature whatsoever upon any
19  property acquired or used by it for such purposes or upon any
20  tolls, fees, rentals, receipts, moneys, or charges at any time
21  received by it, and the bonds issued by the authority, their
22  transfer, and the income therefrom, including any profits made
23  on the sale thereof, shall at all times be free from taxation
24  of any kind by the state or by any political subdivision,
25  taxing agency, or instrumentality thereof. The exemption
26  granted by this section shall not be applicable to any tax
27  imposed by chapter 220 on interest, income, or profits on debt
28  obligations owned by corporations.
29         Section 45.  Subsection (10) of section 338.251,
30  Florida Statutes, 1998 Supplement, is amended to read:
31
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                                          HB 591, Second Engrossed
  1         338.251  Toll Facilities Revolving Trust Fund.--The
  2  Toll Facilities Revolving Trust Fund is hereby created for the
  3  purpose of encouraging the development and enhancing the
  4  financial feasibility of revenue-producing road projects
  5  undertaken by local governmental entities in a county or
  6  combination of contiguous counties.
  7         (10)  Any repayment of prior or future advances made
  8  from the State Transportation Trust Fund which were used to
  9  fund any project phase of a toll facility, shall be deposited
10  in the Toll Facilities Revolving Trust Fund. However, when
11  funds advanced to the Seminole County Expressway Authority
12  pursuant to this section are repaid to the Toll Facilities
13  Revolving Trust Fund by or on behalf of the Seminole County
14  Expressway Authority, those funds shall thereupon and
15  forthwith be appropriated for and advanced to the Seminole
16  County Expressway Authority for funding the design of and the
17  advanced right-of-way acquisition for that segment of the
18  Seminole County Expressway extending from U.S. Highway 17/92
19  to Interstate Highway 4. Notwithstanding subsection (6), when
20  funds previously advanced to the Orlando-Orange County
21  Expressway Authority are repaid to the Toll Facilities
22  Revolving Trust Fund by or on behalf of the Orlando-Orange
23  County Expressway Authority, those funds may thereupon and
24  forthwith be appropriated for and advanced to the Seminole
25  County Expressway Authority for funding that segment of the
26  Seminole County Expressway extending from U.S. Highway 17/92
27  to Interstate Highway 4. Any funds advanced to the
28  Tampa-Hillsborough County Expressway Authority under this
29  section which have been or will be repaid on or after July 1,
30  1998, to the Toll Facilities Revolving Trust Fund by or on
31  behalf of the Tampa-Hillsborough County Expressway Authority,
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                                          HB 591, Second Engrossed
  1  shall be appropriated for and advanced to the
  2  Tampa-Hillsborough County Expressway Authority for funding the
  3  design of and the advanced right-of-way acquisition for the
  4  Brandon area feeder roads, capital improvements to increase
  5  capacity to the expressway system, and the Lee Roy Selmon
  6  Crosstown Expressway System widening as authorized under s.
  7  348.565.
  8         Section 46.  Section 373.4137, Florida Statutes, is
  9  amended to read:
10         373.4137  Mitigation requirements.--
11         (1)  The Legislature finds that environmental
12  mitigation for the impact of transportation projects proposed
13  by the Department of Transportation can be more effectively
14  achieved by regional, long-range mitigation planning rather
15  than on a project-by-project basis.  It is the intent of the
16  Legislature that mitigation to offset the adverse effects of
17  these transportation projects be funded by the Department of
18  Transportation and be carried out by the Department of
19  Environmental Protection and the water management districts,
20  including the use of mitigation banks established pursuant to
21  this part.
22         (2)  Environmental impact inventories for
23  transportation projects proposed by the Department of
24  Transportation shall be developed as follows:
25         (a)  By May 1 of each year Beginning July 1996, the
26  Department of Transportation shall submit annually to the
27  Department of Environmental Protection and the water
28  management districts a copy of its tentative adopted work
29  program and an inventory of habitats addressed in the rules
30  adopted pursuant to this part and s. 404 of the Clean Water
31  Act, 33 U.S.C. s. 1344, which may be impacted by its plan of
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                                          HB 591, Second Engrossed
  1  construction for transportation projects in the next first 3
  2  years of the adopted work program. The Department of
  3  Transportation may also include in its inventory the habitat
  4  impacts of any future transportation project identified in the
  5  tentative work program For the July 1996 submittal, the
  6  inventory may exclude those projects which have received
  7  permits pursuant to this part and s. 404 of the Clean Water
  8  Act, 33 U.S.C. s. 1344, projects for which mitigation planning
  9  or design has commenced, or projects for which mitigation has
10  been implemented in anticipation of future permitting needs.
11         (b)  The environmental impact inventory shall include a
12  description of these habitat impacts, including their
13  location, acreage, and type; state water quality
14  classification of impacted wetlands and other surface waters;
15  any other state or regional designations for these habitats;
16  and a survey of threatened species, endangered species, and
17  species of special concern affected by the proposed project.
18         (3)  To fund the mitigation plan for the projected
19  impacts identified in the inventory described in subsection
20  (2), beginning July 1, 1997, the Department of Transportation
21  shall identify funds quarterly in an escrow account within the
22  State Transportation Trust Fund for the environmental
23  mitigation phase of projects budgeted by the Department of
24  Transportation for the current fiscal year. The escrow account
25  will be maintained established by the Department of
26  Transportation for the benefit of the Department of
27  Environmental Protection and the water management districts.
28  Any interest earnings from the escrow account shall remain
29  with be returned to the Department of Transportation.  The
30  Department of Environmental Protection or water management
31  districts may shall request a transfer of funds from the
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                                          HB 591, Second Engrossed
  1  escrow account to the Ecosystem Management and Restoration
  2  Trust Fund no sooner than 30 days prior to the date the funds
  3  are needed to pay for activities associated with development
  4  or implementation of the approved mitigation plan described in
  5  subsection (4) for the current fiscal year, including, but not
  6  limited to, design, engineering, production, and staff
  7  support. Actual conceptual plan preparation costs incurred
  8  prior to plan approval may be submitted to the Department of
  9  Transportation and the Department of Environmental Protection
10  by November 1 of each year with the plan. The conceptual plan
11  preparation costs of each water management district will be
12  paid based on the amount approved on the mitigation plan and
13  allocated to the current fiscal year projects identified by
14  the water management district contained in the mitigation
15  programs.  The amount transferred to the escrow account each
16  year by the Department of Transportation shall correspond to a
17  cost per acre of $75,000 multiplied by the projected acres of
18  impact identified in the inventory described in subsection (2)
19  within the water management district for that year.  The water
20  management district may draw from the trust fund no sooner
21  than 30 days prior to the date funds are needed to pay for
22  activities associated with development or implementation of
23  the mitigation plan described in subsection (4). However, the
24  $75,000 cost per acre does not constitute an admission against
25  interest against the state or its subdivisions nor is the cost
26  admissible as evidence of full compensation for any property
27  acquired by eminent domain or through inverse condemnation.
28  Each May July 1, beginning in 1998, the cost per acre shall be
29  adjusted by the percentage change in the average of the
30  Consumer Price Index issued by the United States Department of
31  Labor for the most recent 12-month period ending September 30,
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                                          HB 591, Second Engrossed
  1  compared to the base year average, which is the average for
  2  the 12-month period ending September 30, 1996.  At the end of
  3  each year, the projected acreage of impact shall be reconciled
  4  with the acreage of impact of projects as permitted, including
  5  permit modification, pursuant to this part and s. 404 of the
  6  Clean Water Act, 33 U.S.C. s. 1344., and The subject following
  7  year's transfer of funds shall be adjusted accordingly to
  8  reflect the over transfer or under transfer of funds from the
  9  preceding year. The Department of Transportation Environmental
10  Protection is authorized to transfer such funds from the
11  escrow account Ecosystem Management and Restoration Trust Fund
12  to the Department of Environmental Protection and the water
13  management districts to carry out the mitigation programs.
14         (4)  Prior to December 1 of each year 31, 1996, each
15  water management district, in consultation with the Department
16  of Environmental Protection, the United States Army Corps of
17  Engineers, the Department of Transportation, and other
18  appropriate federal, state, and local governments, and other
19  interested parties, including entities operating mitigation
20  banks, shall develop a plan for the primary purpose of
21  complying with the mitigation requirements adopted pursuant to
22  this part and 33 U.S.C. s. 1344.  This plan shall also address
23  significant invasive aquatic and exotic plant problems within
24  wetlands and other surface waters.  In developing such plans,
25  the districts shall utilize sound ecosystem management
26  practices to address significant water resource needs and
27  shall focus on activities of the Department of Environmental
28  Protection and the water management districts, such as surface
29  water improvement and management (SWIM) waterbodies and lands
30  identified for potential acquisition for preservation,
31  restoration, or enhancement, to the extent that such
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                                          HB 591, Second Engrossed
  1  activities comply with the mitigation requirements adopted
  2  under this part and 33 U.S.C. s. 1344.  In determining the
  3  activities to be included in such plans, the districts shall
  4  also consider the purchase of credits from public or private
  5  mitigation banks permitted pursuant to s. 373.4136 and
  6  associated federal authorization under this part and shall
  7  include such purchase as a part of the mitigation plan when
  8  such purchase would offset the impact of the transportation
  9  project, provide equal benefits to the water resources than
10  other mitigation options being considered, and provide the
11  most cost-effective mitigation option.  The mitigation plan
12  shall be preliminarily approved by the water management
13  district governing board and shall be submitted to the
14  secretary of the Department of Environmental Protection for
15  review and final approval. The preliminary approval by the
16  water management district governing board does not constitute
17  a decision which affects substantial interests as provided by
18  s. 120.569. At least 30 days prior to preliminary approval,
19  the water management district shall provide a copy of the
20  draft mitigation plan to any person who has requested a copy.
21         (a)  For each transportation project with a funding
22  request for the next fiscal year, the mitigation plan shall
23  include a brief explanation of why a mitigation bank was or
24  was not chosen as a mitigation option, including an estimation
25  of identifiable costs of the mitigation bank and nonbank
26  options to the extent practicable. If the Department of
27  Environmental Protection and water management districts are
28  unable to identify mitigation that would offset the impacts of
29  a project included in the inventory, either due to the nature
30  of the impact or the amount of funds available, that project
31
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                                          HB 591, Second Engrossed
  1  shall not be addressed in the mitigation plan and the project
  2  shall not be subject to the provisions of this section.
  3         (b)  Specific projects may be excluded from the
  4  mitigation plan and shall not be subject to this section upon
  5  the agreement of the Department of Transportation, the
  6  Department of Environmental Protection, and the appropriate
  7  water management district if:
  8         1.  that The inclusion of such projects would hamper
  9  the efficiency or timeliness of the mitigation planning and
10  permitting process; or
11         2.  The Department of Environmental Protection and the
12  water management district are unable to identify mitigation
13  that would offset the impacts of the project.
14         (c)  Surface water improvement and management or
15  invasive plant control projects undertaken using the $12
16  million advance transferred from the Department of
17  Transportation to the Department of Environmental Protection
18  in fiscal year 1996-1997 which meet the requirements for
19  mitigation under this part and 33 U.S.C. s. 1344 shall remain
20  available for mitigation until the $12 million is fully
21  credited up to and including fiscal year 2004-2005. When these
22  projects are used as mitigation, the $12 million advance shall
23  be reduced by $75,000 per acre of impact mitigated. For any
24  fiscal year through and including fiscal year 2004-2005, to
25  the extent the cost of developing and implementing the
26  mitigation plans is less than the amount transferred pursuant
27  to subsection (3), the difference shall be credited towards
28  the $12 million advance. Except as noted in this paragraph,
29  any funds not directed to implement the mitigation plan
30  should, to the greatest extent possible, be directed to fund
31  invasive plant control within wetlands and other surface
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                                          HB 591, Second Engrossed
  1  waters. Those transportation projects that are proposed to
  2  commence in fiscal year 1996-1997 shall not be addressed in
  3  the mitigation plan, and the provisions of subsection (7)
  4  shall not apply to these projects.  The Department of
  5  Transportation may enter into interagency agreements with the
  6  Department of Environmental Protection or any water management
  7  district to perform mitigation planning and implementation for
  8  these projects.
  9         (d)  On July 1, 1996, the Department of Transportation
10  shall transfer to the Department of Environmental Protection
11  $12 million from the State Transportation Trust Fund for the
12  purposes of the surface water improvement management program
13  and to address statewide aquatic and exotic plant problems
14  within wetlands and other surface waters.  Such funds shall be
15  considered an advance upon funds that the Department of
16  Transportation would provide for statewide mitigation during
17  the 1997-1998, 1998-1999, and 1999-2000 fiscal years.  This
18  use of mitigation funds for surface water improvement
19  management projects or aquatic and exotic plant control may be
20  utilized as mitigation for transportation projects to the
21  extent that it complies with the mitigation requirements
22  adopted pursuant to this part and 33 U.S.C. s. 1344.  To the
23  extent that such activities result in mitigation credit for
24  projects permitted in fiscal year 1996-1997, all or part of
25  the $12 million funding for surface water improvement
26  management projects or aquatic and exotic plant control in
27  fiscal year 1996-1997 shall be drawn from Department of
28  Transportation mitigation funding for fiscal year 1996-1997
29  rather than from mitigation funding for fiscal years
30  1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
31  cost per acre of impact described in subsection (3), times the
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                                          HB 591, Second Engrossed
  1  acreage of impact that is mitigated by such plant control
  2  activities.  Any part of the $12 million that does not result
  3  in mitigation credit for projects permitted in fiscal year
  4  1996-1997 shall remain available for mitigation credit during
  5  fiscal years 1997-1998, 1998-1999, or 1999-2000.
  6         (5)  The water management district shall be responsible
  7  for ensuring that mitigation requirements pursuant to 33
  8  U.S.C. s. 1344 are met for the impacts identified in the
  9  inventory described in subsection (2), by implementation of
10  the approved plan described in subsection (4) to the extent
11  funding is provided as funded by the Department of
12  Transportation.  During the federal permitting process, the
13  water management district may deviate from the approved
14  mitigation plan in order to comply with federal permitting
15  requirements.
16         (6)  The mitigation plan shall be updated annually to
17  reflect the most current Department of Transportation work
18  program and may be amended throughout the year to anticipate
19  schedule changes or additional projects which may arise.  Each
20  update and amendment of the mitigation plan shall be submitted
21  to the secretary of the Department of Environmental Protection
22  for approval as described in subsection (4). However, such
23  approval shall not be applicable to a deviation as described
24  in subsection (5).
25         (7)  Upon approval by the secretary of the Department
26  of Environmental Protection, the mitigation plan shall be
27  deemed to satisfy the mitigation requirements under this part
28  and any other mitigation requirements imposed by local,
29  regional, and state agencies for impacts identified in the
30  inventory described in subsection (2).  The approval of the
31  secretary shall authorize the activities proposed in the
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                                          HB 591, Second Engrossed
  1  mitigation plan, and no other state, regional, or local permit
  2  or approval shall be necessary.
  3         (8)  This section shall not be construed to eliminate
  4  the need for the Department of Transportation to comply with
  5  the requirement to implement practicable design modifications,
  6  including realignment of transportation projects, to reduce or
  7  eliminate the impacts of its transportation projects on
  8  wetlands and other surface waters as required by rules adopted
  9  pursuant to this part, or to diminish the authority under this
10  part to regulate other impacts, including water quantity or
11  water quality impacts, or impacts regulated under this part
12  that are not identified in the inventory described in
13  subsection (2).
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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                                          HB 591, Second Engrossed
  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 47.  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 under
14  pursuant to chapter 163. If a parcel is located in an area
15  designated for multiple uses on the future land use map of a
16  comprehensive plan and the land development regulations do not
17  clearly designate that parcel for a specific use, the area
18  will be considered an unzoned commercial or industrial area if
19  it 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 and or zoning
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                                          HB 591, Second Engrossed
  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.
11         3.  The commercial or industrial activities must be
12  within 1,600 feet of each other.
13
14  Distances specified in this paragraph must be measured from he
15  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 1,600-foot
18  radius of each other and generally recognized as commercial or
19  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.  Communication towers.
25         3.(b)  Agricultural, forestry, ranching, grazing,
26  farming, and related activities, including, but not limited
27  to, wayside fresh produce stands.
28         4.(c)  Transient or temporary activities.
29         5.(d)  Activities not visible from the main-traveled
30  way.
31
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                                          HB 591, Second Engrossed
  1         6.(e)  Activities conducted more than 660 feet from the
  2  nearest edge of the right-of-way.
  3         7.(f)  Activities conducted in a building principally
  4  used as a residence.
  5         8.(g)  Railroad tracks and minor sidings.
  6         Section 48.  Paragraph (b) of subsection (8) of section
  7  479.07, Florida Statutes, is amended to read:
  8         479.07  Sign permits.--
  9         (8)
10         (b)  If a permittee has not submitted his or her fee
11  payment by the expiration date of the licenses or permits, the
12  department shall send a notice of violation to the permittee
13  within 45 days after the expiration date, requiring the
14  payment of the permit fee within 30 days after the date of the
15  notice and payment of a delinquency fee equal to 10 percent of
16  the original amount due or, in the alternative to these
17  payments, requiring the filing of a request for an
18  administrative hearing to show cause why his or her sign
19  should not be subject to immediate removal due to expiration
20  of his or her license or permit.  If the permittee submits
21  payment as required by the violation notice, his or her
22  license or permit will be automatically reinstated and such
23  reinstatement will be retroactive to the original expiration
24  date. If the permittee does not respond to the notice of
25  violation within the 30-day period, the department shall,
26  within 30 days, issue a final notice of sign removal and may,
27  following 90 days after the date of the department's final
28  notice of sign removal, remove the sign without incurring any
29  liability as a result of such removal. However, if at any time
30  prior to the removal of the sign within 90 days after the date
31  of the department's final notice of sign removal, the
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                                          HB 591, Second Engrossed
  1  permittee demonstrates that a good faith error on the part of
  2  the permittee resulted in cancellation or nonrenewal of the
  3  permit, the department may reinstate the permit if:
  4         1.  The sign has not yet been disassembled by the
  5  permittee;
  6         2.  Conflicting applications have not been filed by
  7  other persons;
  8         1.3.  A The permit reinstatement fee of up to $300,
  9  based upon the size of the sign, is paid;
10         2.4.  All other permit renewal and delinquent permit
11  fees due as of the reinstatement date are paid; and
12         3.5.  The permittee reimburses the department for all
13  actual costs resulting from the permit cancellation or
14  nonrenewal and sign removal.
15
16  Conflicting applications filed by other persons for the same
17  or competing site covered by a permit subject to the
18  provisions of this paragraph shall not be approved until after
19  the sign subject to the expired permit has been removed.
20         Section 49.  Subsection (15) of section 479.16, Florida
21  Statutes, is amended to read:
22         479.16  Signs for which permits are not required.--The
23  following signs are exempt from the requirement that a permit
24  for a sign be obtained under the provisions of this chapter
25  but are required to comply with the provisions of s.
26  479.11(4)-(8):
27         (15)  Signs not in excess of 16 square feet placed at a
28  road junction with the State Highway System denoting only the
29  distance or direction of a residence or farm operation, or, in
30  a rural area where a hardship is created because a small
31  business is not visible from the road junction with the State
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                                          HB 591, Second Engrossed
  1  Highway System, one sign not in excess of 16 8 square feet,
  2  denoting only the name of the business and the distance and
  3  direction to the business. The small-business-sign provision
  4  of this subsection does not apply to charter counties and may
  5  not be implemented if the Federal Government notifies the
  6  department that implementation will adversely affect the
  7  allocation of federal funds to the department.
  8         Section 50.  Sections 341.3201, 341.321, 341.322,
  9  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,
10  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,
11  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,
12  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,
13  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,
14  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,
15  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are
16  hereby repealed.
17         Section 51.  Paragraph (d) of subsection (1) of section
18  212.055, Florida Statutes, 1998 Supplement, is amended to
19  read:
20         212.055  Discretionary sales surtaxes; legislative
21  intent; authorization and use of proceeds.--It is the
22  legislative intent that any authorization for imposition of a
23  discretionary sales surtax shall be published in the Florida
24  Statutes as a subsection of this section, irrespective of the
25  duration of the levy.  Each enactment shall specify the types
26  of counties authorized to levy; the rate or rates which may be
27  imposed; the maximum length of time the surtax may be imposed,
28  if any; the procedure which must be followed to secure voter
29  approval, if required; the purpose for which the proceeds may
30  be expended; and such other requirements as the Legislature
31
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                                          HB 591, Second Engrossed
  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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                                          HB 591, Second Engrossed
  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 52.  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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                                          HB 591, Second Engrossed
  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 53.  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 54.  Paragraph (d) of subsection (3) of section
14  20.23, Florida Statutes, 1998 Supplement, is amended to read:
15         20.23  Department of Transportation.--There is created
16  a Department of Transportation which shall be a decentralized
17  agency.
18         (3)
19         (d)1.  Policy, program, or operations offices shall be
20  established within the central office for the purposes of:
21         a.  Developing policy and procedures and monitoring
22  performance to ensure compliance with these policies and
23  procedures;
24         b.  Performing statewide activities which it is more
25  cost-effective to perform in a central location;
26         c.  Assessing and ensuring the accuracy of information
27  within the department's financial management information
28  systems; and
29         d.  Performing other activities of a statewide nature.
30         2.  The following offices are established and shall be
31  headed by a manager, each of whom shall be appointed by and
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                                          HB 591, Second Engrossed
  1  serve at the pleasure of the secretary. The positions shall be
  2  classified at a level equal to a division director:
  3         a.  The Office of Administration;
  4         b.  The Office of Policy Planning;
  5         c.  The Office of Design;
  6         d.  The Office of Construction;
  7         e.  The Office of Right-of-Way;
  8         f.  The Office of Toll Operations; and
  9         g.  The Office of Information Systems.
10         3.  Other offices may be established in accordance with
11  s. 20.04(7)(6). The heads of such offices are exempt from part
12  II of chapter 110. No office or organization shall be created
13  at a level equal to or higher than a division without specific
14  legislative authority.
15         Section 55.  Subsection (4) of section 206.46, Florida
16  Statutes, is amended to read:
17         206.46  State Transportation Trust Fund.--
18         (4)  The department may authorize the investment of the
19  earnings accrued and collected upon the investment of the
20  minimum balance of funds required to be maintained in the
21  State Transportation Trust Fund pursuant to s.
22  339.135(6)(b)(7)(b).  Such investment shall be limited as
23  provided in s. 288.9607(7).
24         Section 56.  Section 234.112, Florida Statutes, is
25  repealed.
26         Section 57.  Paragraph (a) of subsection (7) of section
27  288.9607, Florida Statutes, is amended to read:
28         288.9607  Guaranty of bond issues.--
29         (7)(a)  The corporation is authorized to enter into an
30  investment agreement with the Department of Transportation and
31  the State Board of Administration concerning the investment of
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                                          HB 591, Second Engrossed
  1  the earnings accrued and collected upon the investment of the
  2  minimum balance of funds required to be maintained in the
  3  State Transportation Trust Fund pursuant to s.
  4  339.135(6)(b)(7)(b). Such investment shall be limited as
  5  follows:
  6         1.  Not more than $4 million of the investment earnings
  7  earned on the investment of the minimum balance of the State
  8  Transportation Trust Fund in a fiscal year shall be at risk at
  9  any time on one or more bonds or series of bonds issued by the
10  corporation.
11         2.  The investment earnings shall not be used to
12  guarantee any bonds issued after June 30, 1998, and in no
13  event shall the investment earnings be used to guarantee any
14  bond issued for a maturity longer than 15 years.
15         3.  The corporation shall pay a reasonable fee, set by
16  the State Board of Administration, in return for the
17  investment of such funds. The fee shall not be less than the
18  comparable rate for similar investments in terms of size and
19  risk.
20         4.  The proceeds of bonds, or portions thereof, issued
21  by the corporation for which a guaranty has been or will be
22  issued pursuant to s. 288.9606, s. 288.9608, or this section
23  used to make loans to any one person, including any related
24  interests, as defined in s. 658.48, of such person, shall not
25  exceed 20 percent of the principal of all such outstanding
26  bonds of the corporation issued prior to the first composite
27  bond issue of the corporation, or December 31, 1995, whichever
28  comes first, and shall not exceed 15 percent of the principal
29  of all such outstanding bonds of the corporation issued
30  thereafter, in each case determined as of the date of issuance
31  of the bonds for which such determination is being made and
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                                          HB 591, Second Engrossed
  1  taking into account the principal amount of such bonds to be
  2  issued. The provisions of this subparagraph shall not apply
  3  when the total amount of all such outstanding bonds issued by
  4  the corporation is less than $10 million.  For the purpose of
  5  calculating the limits imposed by the provisions of this
  6  subparagraph, the first $10 million of bonds issued by the
  7  corporation shall be taken into account.
  8         5.  The corporation shall establish a debt service
  9  reserve account which contains not less than 6 months' debt
10  service reserves from the proceeds of the sale of any bonds,
11  or portions thereof, guaranteed by the corporation.
12         6.  The corporation shall establish an account known as
13  the Revenue Bond Guaranty Reserve Account, the Guaranty Fund.
14  The corporation shall deposit a sum of money or other cash
15  equivalents into this fund and maintain a balance of money or
16  cash equivalents in this fund, from sources other than the
17  investment of earnings accrued and collected upon the
18  investment of the minimum balance of funds required to be
19  maintained in the State Transportation Trust Fund, not less
20  than a sum equal to 1 year of maximum debt service on all
21  outstanding bonds, or portions thereof, of the corporation for
22  which a guaranty has been issued pursuant to ss. 288.9606,
23  288.9607, and 288.9608. In the event the corporation fails to
24  maintain the balance required pursuant to this subparagraph
25  for any reason other than a default on a bond issue of the
26  corporation guaranteed pursuant to this section or because of
27  the use by the corporation of any such funds to pay insurance,
28  maintenance, or other costs which may be required for the
29  preservation of any project or other collateral security for
30  any bond issued by the corporation, or to otherwise protect
31  the Revenue Bond Guaranty Reserve Account from loss while the
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                                          HB 591, Second Engrossed
  1  applicant is in default on amortization payments, or to
  2  minimize losses to the reserve account in each case in such
  3  manner as may be deemed necessary or advisable by the
  4  corporation, the corporation shall immediately notify the
  5  Department of Transportation of such deficiency. Any
  6  supplemental funding authorized by an investment agreement
  7  entered into with the Department of Transportation and the
  8  State Board of Administration concerning the use of investment
  9  earnings of the minimum balance of funds is void unless such
10  deficiency of funds is cured by the corporation within 90 days
11  after the corporation has notified the Department of
12  Transportation of such deficiency.
13         Section 58.  Subsection (3) of section 311.09, Florida
14  Statutes, is amended to read:
15         311.09  Florida Seaport Transportation and Economic
16  Development Council.--
17         (3)  The council shall prepare a 5-year Florida Seaport
18  Mission Plan defining the goals and objectives of the council
19  concerning the development of port facilities and an
20  intermodal transportation system consistent with the goals of
21  the Florida Transportation Plan developed pursuant to s.
22  339.155. The Florida Seaport Mission Plan shall include
23  specific recommendations for the construction of
24  transportation facilities connecting any port to another
25  transportation mode and for the efficient, cost-effective
26  development of transportation facilities or port facilities
27  for the purpose of enhancing international trade, promoting
28  cargo flow, increasing cruise passenger movements, increasing
29  port revenues, and providing economic benefits to the state.
30  The council shall update the 5-year Florida Seaport Mission
31  Plan annually and shall submit the plan no later than February
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                                          HB 591, Second Engrossed
  1  1 of each year to the President of the Senate; the Speaker of
  2  the House of Representatives; the Office of Tourism, Trade,
  3  and Economic Development; the Department of Transportation;
  4  and the Department of Community Affairs.  The council shall
  5  develop programs, based on an examination of existing programs
  6  in Florida and other states, for the training of minorities
  7  and secondary school students in job skills associated with
  8  employment opportunities in the maritime industry, and report
  9  on progress and recommendations for further action to the
10  President of the Senate and the Speaker of the House of
11  Representatives annually, beginning no later than February 1,
12  1991.
13         Section 59.  Subsection (16) of section 331.303,
14  Florida Statutes, is amended to read:
15         331.303  Definitions.--
16         (16)  "Project" means any development, improvement,
17  property, launch, utility, facility, system, works, road,
18  sidewalk, enterprise, service, or convenience, which may
19  include coordination with Enterprise Florida, Inc. the Florida
20  High Technology and Industry Council, the Board of Regents,
21  and the Space Research Foundation; any rocket, capsule,
22  module, launch facility, assembly facility, operations or
23  control facility, tracking facility, administrative facility,
24  or any other type of space-related transportation vehicle,
25  station, or facility; any type of equipment or instrument to
26  be used or useful in connection with any of the foregoing; any
27  type of intellectual property and intellectual property
28  protection in connection with any of the foregoing including,
29  without limitation, any patent, copyright, trademark, and
30  service mark for, among other things, computer software; any
31  water, wastewater, gas, or electric utility system, plant, or
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                                          HB 591, Second Engrossed
  1  distribution or collection system; any small business
  2  incubator initiative, including any startup aerospace company,
  3  research and development company, research and development
  4  facility, storage facility, and consulting service; or any
  5  tourism initiative, including any space experience attraction,
  6  space-launch-related activity, and space museum sponsored or
  7  promoted by the authority.
  8         Section 60.  Subsections (1), (4), and (21) of section
  9  331.305, Florida Statutes, are amended to read:
10         331.305  Powers of the authority.--The authority shall
11  have the power to:
12         (1)  Exercise all powers granted to corporations under
13  the Florida Business General Corporation Act, chapter 607.
14         (4)  Review and make recommendations with respect to a
15  strategy to guide and facilitate the future of space-related
16  educational and commercial development.  The authority shall
17  in coordination with the Federal Government, private industry,
18  and Florida universities develop a business plan which shall
19  address the expansion of Spaceport Florida locations, space
20  launch capacity, spaceport projects, and complementary
21  activities, which shall include, but not be limited to, a
22  detailed analysis of:
23         (a)  The authority and the commercial space industry.
24         (b)  Products, services description--potential,
25  technologies, skills.
26         (c)  Market research and evaluation--customers,
27  competition, economics.
28         (d)  Marketing plan and strategy.
29         (e)  Design and development plan--tasks, difficulties,
30  costs.
31
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                                          HB 591, Second Engrossed
  1         (f)  Manufacturing locations, facilities, and
  2  operations plan.
  3         (g)  Management organization--roles and
  4  responsibilities.
  5         (h)  Overall schedule (monthly).
  6         (i)  Important risks, assumptions, and problems.
  7         (j)  Community impact--economic, human development,
  8  community development.
  9         (k)  Financial plan (monthly for first year; quarterly
10  for next 3 years).
11         (l)  Proposed authority offering--financing,
12  capitalization, use of funds.
13
14  A final report containing the recommendations and business
15  plan of the authority shall be completed and submitted prior
16  to the 1990 Regular Session of the Legislature, along with any
17  proposed statutory changes and related legislative budget
18  requests required to implement the business plan, to the
19  Governor, the President of the Senate, the Speaker of the
20  House of Representatives, the minority leader of the Senate,
21  and the minority leader of the House of Representatives.
22         (21)  Issue revenue bonds, assessment bonds, or any
23  other bonds or obligations authorized by the provisions of
24  this act or any other law, or any combination of the
25  foregoing, and pay all or part of the cost of the acquisition,
26  construction, reconstruction, extension, repair, improvement,
27  or maintenance of any project or combination of projects,
28  including payloads and space flight hardware, and equipment
29  for research, development, and educational activities, to
30  provide for any facility, service, or other activity of the
31  authority, and provide for the retirement or refunding of any
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                                          HB 591, Second Engrossed
  1  bonds or obligations of the authority, or for any combination
  2  of the foregoing purposes. Until December 31, 1994, bonds,
  3  other than conduit bonds, issued under the authority contained
  4  in this act shall not exceed a total of $500 million and must
  5  first be approved by a majority of the members of the Governor
  6  and Cabinet.  The authority must provide 14 days' notice to
  7  the presiding officers and appropriations chairs of both
  8  houses of the Legislature prior to presenting a bond proposal
  9  to the Governor and Cabinet.  If either presiding officer or
10  appropriations chair objects to the bonding proposal within
11  the 14-day-notice period, the bond issuance may be approved
12  only by a vote of two-thirds of the members of the Governor
13  and Cabinet.
14         Section 61.  Subsection (2) of section 331.308, Florida
15  Statutes, is amended to read:
16         331.308  Board of supervisors.--
17         (2)  Initially, the Governor shall appoint four regular
18  members for terms of 3 years or until successors are appointed
19  and qualified and three regular members for terms of 4 years
20  or until successors are appointed and qualified.  Thereafter,
21  each such member shall serve a term of 4 years or until a
22  successor is appointed and qualified.  The term of each such
23  member shall be construed to commence on the date of
24  appointment and to terminate on June 30 of the year of the end
25  of the term.  The terms for such members initially appointed
26  shall be construed to include the time between initial
27  appointment and June 30, 1992, for those appointed for 3-year
28  terms, and June 30, 1993, for those appointed for 4-year
29  terms.  No such member shall be allowed to serve an initial
30  3-year term or fill any vacancy for the remainder of a term
31  for less than 4 years.  Appointment to the board shall not
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                                          HB 591, Second Engrossed
  1  preclude any such member from holding any other private or
  2  public position.
  3         Section 62.  Subsection (1) of section 331.331, Florida
  4  Statutes, is amended to read:
  5         331.331  Revenue bonds.--
  6         (1)  Revenue bonds issued by the authority shall not be
  7  deemed revenue bonds issued by the state or its agencies for
  8  purposes of s. 11, Art. VII of the State Constitution and ss.
  9  215.57-215.83.  However, until December 31, 1994, the power of
10  the authority to issue revenue bonds shall be limited as
11  provided in s. 331.305.  The authority shall include in its
12  annual report to the Governor and Legislature, as provided in
13  s. 331.310, a summary of the status of existing and proposed
14  bonding projects.
15         Section 63.  Paragraph (d) of subsection (25) of
16  section 334.03, Florida Statutes, is amended to read:
17         334.03  Definitions.--When used in the Florida
18  Transportation Code, the term:
19         (25)  "State Highway System" means the following, which
20  shall be facilities to which access is regulated:
21         (d)  The urban minor arterial mileage on the existing
22  State Highway System as of July 1, 1987, plus additional
23  mileage to comply with the 2-percent requirement as described
24  below. These urban minor arterial routes shall be selected in
25  accordance with s. 335.04(1)(a) and (b).
26
27  However, not less than 2 percent of the public road mileage of
28  each urbanized area on record as of June 30, 1986, shall be
29  included as minor arterials in the State Highway System.
30  Urbanized areas not meeting the foregoing minimum requirement
31  shall have transferred to the State Highway System additional
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                                          HB 591, Second Engrossed
  1  minor arterials of the highest significance in which case the
  2  total minor arterials in the State Highway System from any
  3  urbanized area shall not exceed 2.5 percent of that area's
  4  total public urban road mileage.
  5         Section 64.  Subsection (5) of section 335.074, Florida
  6  Statutes, is amended to read:
  7         335.074  Safety inspection of bridges.--
  8         (5)  The department shall prepare a report of its
  9  findings with respect to each such bridge or other structure
10  whereon significant structural deficiencies were discovered
11  and transmit a summary of the findings as part of the report
12  required in s. 334.046(3).
13         Section 65.  Section 335.165, Florida Statutes, is
14  repealed.
15         Section 66.  Subsection (2) of section 335.182, Florida
16  Statutes, is amended to read:
17         335.182  Regulation of connections to roads on State
18  Highway System; definitions.--
19         (2)  The department shall, no later than July 1, 1989,
20  adopt, by rule, administrative procedures for its issuance and
21  modification of access permits, closing of unpermitted
22  connections, and revocation of permits in accordance with this
23  act.
24         Section 67.  Paragraphs (a) and (e) of subsection (3)
25  of section 335.188, Florida Statutes, are amended to read:
26         335.188  Access management standards; access control
27  classification system; criteria.--
28         (3)  The control classification system shall be
29  developed consistent with the following:
30         (a)  The department shall, no later than July 1, 1990,
31  adopt rules setting forth procedures governing the
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                                          HB 591, Second Engrossed
  1  implementation of the access control classification system
  2  required by this act. The rule shall provide for input from
  3  the entities described in paragraph (b) as well as for public
  4  meetings to discuss the access control classification system.
  5  Nothing in this act affects the validity of the department's
  6  existing or subsequently adopted rules concerning access to
  7  the State Highway System.  Such rules shall remain in effect
  8  until repealed or replaced by the rules required by this act.
  9         (e)  An access control category shall be assigned to
10  each segment of the State Highway System by July 1, 1993.
11         Section 68.  Section 336.01, Florida Statutes, is
12  reenacted to read:
13         336.01  Designation of county road system.--The county
14  road system shall be as defined in s. 334.03(8).
15         Section 69.  Subsection (2) of section 336.044, Florida
16  Statutes, is amended to read:
17         336.044  Use of recyclable materials in construction.--
18         (2)  The Legislature declares it to be in the public
19  interest to find alternative ways to use certain recyclable
20  materials that currently are part of the solid waste stream
21  and that contribute to problems of declining space in
22  landfills.  To determine the feasibility of using certain
23  recyclable materials for paving materials, the department may
24  shall before January 1, 1990, undertake, as part of its
25  currently scheduled projects, demonstration projects using the
26  following materials in road construction:
27         (a)  Ground rubber from automobile tires in road
28  resurfacing or subbase materials for roads;
29         (b)  Ash residue from coal combustion byproducts for
30  concrete and ash residue from waste incineration facilities
31  and oil combustion byproducts for subbase material;
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                                          HB 591, Second Engrossed
  1         (c)  Recycled mixed-plastic material for guardrail
  2  posts or right-of-way fence posts;
  3         (d)  Construction steel, including reinforcing rods and
  4  I-beams, manufactured from scrap metals disposed of in the
  5  state; and
  6         (e)  Glass, and glass aggregates.
  7
  8  Within 1 year after the conclusion of the demonstration
  9  projects the department shall report to the Governor and the
10  Legislature on the maximum percentage of each recyclable
11  material that can be effectively utilized in road construction
12  projects. Concurrent with the submission of the report the
13  department shall review and modify its standard road and
14  bridge construction specifications to allow and encourage the
15  use of recyclable materials consistent with the findings of
16  the demonstration projects.
17         Section 70.  Subsection (7) of section 337.015, Florida
18  Statutes, is amended to read:
19         337.015  Administration of public
20  contracts.--Recognizing that the inefficient and ineffective
21  administration of public contracts inconveniences the
22  traveling public, increases costs to taxpayers, and interferes
23  with commerce, the Legislature hereby determines and declares
24  that:
25         (7)  The department in its annual report required in s.
26  334.22(2) shall report how the department complied with this
27  section for the preceding fiscal year.
28         Section 71.  Section 337.139, Florida Statutes, is
29  amended to read:
30         337.139  Efforts to encourage awarding contracts to
31  disadvantaged business enterprises.--In implementing chapter
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                                          HB 591, Second Engrossed
  1  90-136, Laws of Florida, the Department of Transportation
  2  shall institute procedures to encourage the awarding of
  3  contracts for professional services and construction to
  4  disadvantaged business enterprises.  For the purposes of this
  5  section, the term "disadvantaged business enterprise" means a
  6  small business concern certified by the Department of
  7  Transportation to be owned and controlled by socially and
  8  economically disadvantaged individuals as defined by the
  9  Surface Transportation and Uniform Relocation Act of 1987.
10  The Department of Transportation shall develop and implement
11  activities to encourage the participation of disadvantaged
12  business enterprises in the contracting process and shall
13  report to the Legislature prior to January 1, 1991, on its
14  efforts to increase disadvantaged business participation.
15  Such efforts may include:
16         (1)  Presolicitation or prebid meetings for the purpose
17  of informing disadvantaged business enterprises of contracting
18  opportunities.
19         (2)  Written notice to disadvantaged business
20  enterprises of contract opportunities for commodities or
21  contractual and construction services which the disadvantaged
22  business provides.
23         (3)  Provision of adequate information to disadvantaged
24  business enterprises about the plans, specifications, and
25  requirements of contracts or the availability of jobs.
26         (4)  Breaking large contracts into several
27  single-purpose contracts of a size which may be obtained by
28  certified disadvantaged business enterprises.
29         Section 72.  Subsection (3) of section 337.29, Florida
30  Statutes, is amended to read:
31
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                                          HB 591, Second Engrossed
  1         337.29  Vesting of title to roads; liability for
  2  torts.--
  3         (3)  Title to all roads transferred in accordance with
  4  the provisions of s. 335.0415 335.04 shall be in the
  5  governmental entity to which such roads have been transferred,
  6  upon the recording of a right-of-way map by the appropriate
  7  governmental entity in the public land records of the county
  8  or counties in which such rights-of-way are located.  To the
  9  extent that sovereign immunity has been waived, liability for
10  torts shall be in the governmental entity having operation and
11  maintenance responsibility as provided in s. 335.0415
12  335.04(2).  Except as otherwise provided by law, a
13  municipality shall have the same governmental, corporate, and
14  proprietary powers with relation to any public road or
15  right-of-way within the municipality which has been
16  transferred to another governmental entity pursuant to s.
17  335.0415 335.04 that the municipality has with relation to
18  other public roads and rights-of-way within the municipality.
19         Section 73.  Section 137 of chapter 96-320, Laws of
20  Florida, is repealed.
21         Section 74.  Subsection (2) of section 337.407, Florida
22  Statutes, is amended to read:
23         337.407  Regulation of signs and lights within
24  rights-of-way.--
25         (2)  The department has the authority to direct removal
26  of any sign erected in violation of subsection (1) paragraph
27  (a), in accordance with the provisions of chapter 479.
28         Section 75.  Section 338.22, Florida Statutes, is
29  amended to read:
30
31
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                                          HB 591, Second Engrossed
  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 76.  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
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                                          HB 591, Second Engrossed
  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
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                                          HB 591, Second Engrossed
  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 77.  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.--
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                                          HB 591, Second Engrossed
  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 78.  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.
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                                          HB 591, Second Engrossed
  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
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                                          HB 591, Second Engrossed
  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
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                                          HB 591, Second Engrossed
  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
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                                          HB 591, Second Engrossed
  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 79.  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 80.  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,
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                                          HB 591, Second Engrossed
  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 81.  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
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                                          HB 591, Second Engrossed
  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 82.  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 83.  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
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                                          HB 591, Second Engrossed
  1  turnpike system as the same become due and payable; and to
  2  create reserves for all such purposes.
  3         (6)  In each fiscal year while any of the bonds of the
  4  Broward County Expressway Authority series 1984 and series
  5  1986-A remain outstanding, the department is authorized to
  6  pledge revenues from the turnpike system to the payment of
  7  principal and interest of such series of bonds, the repayment
  8  of Broward County gasoline tax funds as provided in s.
  9  338.2275(3)(4), and the operation and maintenance expenses of
10  the Sawgrass Expressway, to the extent gross toll revenues of
11  the Sawgrass Expressway are insufficient to make such
12  payments.  The terms of an agreement relative to the pledge of
13  turnpike system revenue will be negotiated with the parties of
14  the 1984 and 1986 Broward County Expressway Authority
15  lease-purchase agreements, and subject to the covenants of
16  those agreements.  The agreement shall establish that the
17  Sawgrass Expressway shall be subject to the planning,
18  management, and operating control of the department limited
19  only by the terms of the lease-purchase agreements.  The
20  department shall provide for the payment of operation and
21  maintenance expenses of the Sawgrass Expressway until such
22  agreement is in effect.  This pledge of turnpike system
23  revenues shall be subordinate to the debt service requirements
24  of any future issue of turnpike bonds, the payment of turnpike
25  system operation and maintenance expenses, and subject to
26  provisions of any subsequent resolution or trust indenture
27  relating to the issuance of such turnpike bonds.
28         (7)  The use and disposition of revenues pledged to
29  bonds are subject to the provisions of ss. 338.22-338.241
30  338.22-338.244 and such regulations as the resolution
31
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                                          HB 591, Second Engrossed
  1  authorizing the issuance of such bonds or such trust agreement
  2  may provide.
  3         Section 84.  Section 338.232, Florida Statutes, is
  4  amended to read:
  5         338.232  Continuation of tolls upon provision for
  6  payment of bondholders and assumption of maintenance by
  7  department.--When all revenue bonds issued under the
  8  provisions of ss. 338.22-338.241 338.22-338.244 in connection
  9  with the turnpike system and the interest on the bonds have
10  been paid, or an amount sufficient to provide for the payment
11  of all such bonds and the interest on the bonds to the
12  maturity of the bonds, or such earlier date on which the bonds
13  may be called, has been set aside in trust for the benefit of
14  the bondholders, the department may assume the maintenance of
15  the turnpike system as part of the State Highway System,
16  except that the turnpike system shall remain subject to
17  sufficient tolls to pay the cost of the maintenance, repair,
18  improvement, and operation of the system and the construction
19  of turnpike projects.
20         Section 85.  Section 338.239, Florida Statutes, is
21  amended to read:
22         338.239  Traffic control on the turnpike system.--
23         (1)  The department is authorized to adopt rules with
24  respect to the use of the turnpike system, which rules must
25  relate to vehicular speeds, loads and dimensions, safety
26  devices, rules of the road, and other matters necessary to
27  carry out the purposes of ss. 338.22-338.241 338.22-338.244.
28  Insofar as these rules may be inconsistent with the provisions
29  of chapter 316, the rules control.  A violation of these rules
30  must be punished pursuant to chapters 316 and 318.
31
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                                          HB 591, Second Engrossed
  1         (2)  Members of the Florida Highway Patrol are vested
  2  with the power, and charged with the duty, to enforce the
  3  rules of the department. Expenses incurred by the Florida
  4  Highway Patrol in carrying out its powers and duties under ss.
  5  338.22-338.241 338.22-338.244 may be treated as a part of the
  6  cost of the operation of the turnpike system, and the
  7  Department of Highway Safety and Motor Vehicles shall be
  8  reimbursed by the Department of Transportation for such
  9  expenses incurred on the turnpike mainline, which is that part
10  of the turnpike system extending from the southern terminus in
11  Florida City to the northern terminus in Wildwood including
12  all contiguous sections.
13         Section 86.  Subsection (4) of section 339.08, Florida
14  Statutes, is amended to read:
15         339.08  Use of moneys in State Transportation Trust
16  Fund.--
17         (4)  The department may authorize the investment of the
18  earnings accrued and collected upon the investment of the
19  minimum balance of funds required to be maintained in the
20  State Transportation Trust Fund pursuant to s. 339.135(6)(b)
21  (7)(b).  Such investment shall be limited as provided in s.
22  288.9607(7).
23         Section 87.  Section 339.091, Florida Statutes, is
24  repealed.
25         Section 88.  Paragraph (e) of subsection (7) of section
26  339.135, Florida Statutes, is reenacted to read:
27         339.135  Work program; legislative budget request;
28  definitions; preparation, adoption, execution, and
29  amendment.--
30         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
31
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                                          HB 591, Second Engrossed
  1         (e)  Notwithstanding the requirements in paragraph (d)
  2  and ss. 216.177(2) and 216.351, the secretary may request the
  3  Executive Office of the Governor to amend the adopted work
  4  program when an emergency exists, as defined in s. 252.34(3),
  5  and the emergency relates to the repair or rehabilitation of
  6  any state transportation facility.  The Executive Office of
  7  the Governor may approve the amendment to the adopted work
  8  program and amend that portion of the department's approved
  9  budget in the event that the delay incident to the
10  notification requirements in paragraph (d) would be
11  detrimental to the interests of the state.  However, the
12  department shall immediately notify the parties specified in
13  paragraph (d) and shall provide such parties written
14  justification for the emergency action within 7 days of the
15  approval by the Executive Office of the Governor of the
16  amendment to the adopted work program and the department's
17  budget.  In no event may the adopted work program be amended
18  under the provisions of this subsection without the
19  certification by the comptroller of the department that there
20  are sufficient funds available pursuant to the 36-month cash
21  forecast and applicable statutes.
22         Section 89.  Sections 339.145 and 339.147, Florida
23  Statutes, are repealed.
24         Section 90.  Paragraph (a) of subsection (10) of
25  section 339.175, Florida Statutes, 1998 Supplement, is amended
26  to read:
27         339.175  Metropolitan planning organization.--It is the
28  intent of the Legislature to encourage and promote the
29  development of transportation systems embracing various modes
30  of transportation in a manner that will maximize the mobility
31  of people and goods within and through urbanized areas of this
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                                          HB 591, Second Engrossed
  1  state and minimize, to the maximum extent feasible, and
  2  together with applicable regulatory government agencies,
  3  transportation-related fuel consumption and air pollution.  To
  4  accomplish these objectives, metropolitan planning
  5  organizations, referred to in this section as M.P.O.'s, shall
  6  develop, in cooperation with the state, transportation plans
  7  and programs for metropolitan areas. Such plans and programs
  8  must provide for the development of transportation facilities
  9  that will function as an intermodal transportation system for
10  the metropolitan area.  The process for developing such plans
11  and programs shall be continuing, cooperative, and
12  comprehensive, to the degree appropriate, based on the
13  complexity of the transportation problems.
14         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
15  COUNCIL.--
16         (a)  A Metropolitan Planning Organization Advisory
17  Council is created to augment, and not supplant, the role of
18  the individual M.P.O.'s in the cooperative transportation
19  planning process described in this section s. 339.155(5).
20         Section 91.  Paragraph (a) of subsection (7) of section
21  339.2405, Florida Statutes, is amended to read:
22         339.2405  Florida Highway Beautification Council.--
23         (7)(a)  The duties of the council shall be to:
24         1.  Provide information to local governments and local
25  highway beautification councils regarding the state highway
26  beautification grants program.
27         2.  Accept grant requests from local governments.
28         3.  Review grant requests for compliance with council
29  rules.
30         4.  Establish rules for evaluating and prioritizing the
31  grant requests.  The rules must include, but are not limited
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                                          HB 591, Second Engrossed
  1  to, an examination of each grant's aesthetic value,
  2  cost-effectiveness, level of local support, feasibility of
  3  installation and maintenance, and compliance with state and
  4  federal regulations. Rules adopted by the council which it
  5  uses to evaluate grant applications must take into
  6  consideration the contributions made by the highway
  7  beautification project in preventing litter.
  8         5.  Maintain a prioritized list of approved grant
  9  requests.  The list must include recommended funding levels
10  for each request and, if staged implementation is appropriate,
11  funding requirements for each stage shall be provided.
12         6.  Assess the feasibility of planting and maintaining
13  indigenous wildflowers and plants, instead of sod
14  groundcovers, along the rights-of-way of state roads and
15  highways.  In making such assessment, the council shall
16  utilize data from other states which include indigenous
17  wildflower and plant species in their highway vegetative
18  management systems. The council shall complete its assessment
19  and present a report to the head of the department by July 1,
20  1988.
21         Section 92.  Paragraph (g) of subsection (2) of section
22  339.241, Florida Statutes, is amended to read:
23         339.241  Florida Junkyard Control Law.--
24         (2)  DEFINITIONS.--Wherever used or referred to in this
25  section, unless a different meaning clearly appears from the
26  context, the term:
27         (g)  "Junk," "junkyard," and "scrap metal processing
28  facility" mean the same as defined in 23 U.S.C. s. 136
29  described in s. 205.371(1)(a), (b), and (e).
30         Section 93.  Section 341.051, Florida Statutes, is
31  amended to read:
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                                          HB 591, Second Engrossed
  1         341.051  Administration and financing of public transit
  2  programs and projects.--
  3         (1)  FEDERAL AID.--
  4         (a)  The department is authorized to receive federal
  5  grants or apportionments for public transit projects in this
  6  state.
  7         (b)  Local governmental entities are authorized to
  8  receive federal grants or apportionments for public transit
  9  and commuter assistance projects. In addition, the provisions
10  of s. 337.403 notwithstanding, if the relocation of utility
11  facilities is necessitated by the construction of a
12  fixed-guideway public transit project and the utilities
13  relocation is approved as a part of the project by a
14  participating federal agency (if eligible for federal matching
15  reimbursement), then any county chartered under s. 6(e), Art.
16  VIII of the State Constitution shall pay at least 50 percent
17  of the nonfederal share of the cost attributable to such
18  relocation after deducting therefrom any increase in the value
19  of the new facility and any salvage value derived from the old
20  facility.  The balance of the nonfederal share shall be paid
21  by the utility.
22         (2)  PUBLIC TRANSIT PLAN.--
23         (a)  The department shall prepare a public transit plan
24  which shall be included in the tentative work program of the
25  department prepared pursuant to s. 339.135(4).  The provisions
26  of s. 339.135 apply to public transit projects in the same
27  manner that they apply to other transportation facility
28  construction projects. Any planned department participation
29  shall be in accordance with subsection (5).
30         (b)  The public transit plan shall be consistent with
31  the local plans developed in accordance with the comprehensive
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                                          HB 591, Second Engrossed
  1  transportation planning process. Projects that involve funds
  2  administered by the department, and that will be undertaken
  3  and implemented by another public agency, shall be included in
  4  the public transit plan upon the request of that public
  5  agency, providing such project is eligible under the
  6  requirements established herein and subject to estimated
  7  availability of funds. Projects so included in the plan shall
  8  not be altered or removed from priority status without notice
  9  to the public agency or local governmental entities involved.
10         (3)  APPROPRIATION REQUESTS.--
11         (a)  Public transit funds shall be requested on the
12  basis of the funding required for the public transit plan.
13  Appropriation requests shall identify each public transit
14  project calling for a state expenditure of $500,000 or more.
15         (b)  Public transit service development projects and
16  transit corridor projects shall be individually identified in
17  the appropriation request by the department.  Such request
18  shall show a breakdown of funds showing capital and operating
19  expense.
20         (c)  Unless otherwise authorized by the Legislature,
21  the department is prohibited from entering into any agreement
22  or contract for a public transit project which would result in
23  the ultimate expenditure or commitment of state funds in
24  excess of $5 million.
25         (4)  PROJECT ELIGIBILITY.--
26         (a)  Any project that is necessary to meet the program
27  objectives enumerated in s. 341.041, that conforms to the
28  provisions of this section, and that is contained in the local
29  transportation improvement program and the adopted work
30  program of the department is eligible for the expenditure of
31  state funds for transit purposes.
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                                          HB 591, Second Engrossed
  1         1.  The project shall be a project for service or
  2  transportation facilities provided by the department under the
  3  provisions of this act, a public transit capital project, a
  4  commuter assistance project, a public transit service
  5  development project, or a transit corridor project.
  6         2.  The project must be approved by the department as
  7  being consistent with the criteria established pursuant to the
  8  provisions of this act.
  9         (b)  Such expenditures shall be in accordance with the
10  fund participation rates and the criteria established in this
11  section for project development and implementation, and are
12  subject to approval by the department as being consistent with
13  the Florida Transportation Plan and regional transportation
14  goals and objectives.
15         (c)  Unless otherwise authorized by the Legislature,
16  the department is prohibited from entering into any agreement
17  or contract for a public transit project which would result in
18  the ultimate expenditure or commitment of state funds in
19  excess of $5 million.
20         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--
21         (a)  The department may fund up to 50 percent of the
22  nonfederal share of the costs, not to exceed the local share,
23  of any eligible public transit capital project or commuter
24  assistance project that is local in scope; except, however,
25  that departmental participation in the final design,
26  right-of-way acquisition, and construction phases of an
27  individual fixed-guideway project which is not approved for
28  federal funding shall not exceed an amount equal to 12.5
29  percent of the total cost of each phase.
30         (b)  The Department of Transportation shall develop a
31  major capital investment policy which shall include policy
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                                          HB 591, Second Engrossed
  1  criteria and guidelines for the expenditure or commitment of
  2  state funds for public transit capital projects. The policy
  3  shall include the following:
  4         1.  Methods to be used to determine consistency of a
  5  transit project with the approved local government
  6  comprehensive plans of the units of local government in which
  7  the project is located.
  8         2.  Methods for evaluating the level of local
  9  commitment to a transit project, which is to be demonstrated
10  through system planning and the development of a feasible plan
11  to fund operating cost through fares, value capture techniques
12  such as joint development and special districts, or other
13  local funding mechanisms.
14         3.  Methods for evaluating alternative transit systems
15  including an analysis of technology and alternative methods
16  for providing transit services in the corridor.
17
18  The department shall present such investment policy to both
19  the Senate Transportation Committee and the House Public
20  Transportation Committee along with recommended legislation by
21  March 1, 1991.
22         (c)  The department is authorized to fund up to 100
23  percent of the cost of any eligible transit capital project or
24  commuter assistance project that is statewide in scope or
25  involves more than one county where no other governmental
26  entity or appropriate jurisdiction exists.
27         (d)  The department is authorized to advance up to 80
28  percent of the capital cost of any eligible project that will
29  assist Florida's transit systems in becoming fiscally
30  self-sufficient.  Such advances shall be reimbursed to the
31
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                                          HB 591, Second Engrossed
  1  department on an appropriate schedule not to exceed 5 years
  2  after the date of provision of the advances.
  3         (e)  The department is authorized to fund up to 100
  4  percent of the capital and net operating costs of statewide
  5  transit service development projects or transit corridor
  6  projects.  All transit service development projects shall be
  7  specifically identified by way of a departmental appropriation
  8  request, and transit corridor projects shall be identified as
  9  part of the planned improvements on each transportation
10  corridor designated by the department.  The project
11  objectives, the assigned operational and financial
12  responsibilities, the timeframe required to develop the
13  required service, and the criteria by which the success of the
14  project will be judged shall be documented by the department
15  for each such transit service development project or transit
16  corridor project.
17         (f)  The department is authorized to fund up to 50
18  percent of the capital and net operating costs of transit
19  service development projects that are local in scope and that
20  will improve system efficiencies, ridership, or revenues.  All
21  such projects shall be identified in the appropriation request
22  of the department through a specific program of projects, as
23  provided for in s. 341.041, that is selectively applied in the
24  following functional areas and is subject to the specified
25  times of duration:
26         1.  Improving system operations, including, but not
27  limited to, realigning route structures, increasing system
28  average speed, decreasing deadhead mileage, expanding area
29  coverage, and improving schedule adherence, for a period of up
30  to 3 years;
31
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                                          HB 591, Second Engrossed
  1         2.  Improving system maintenance procedures, including,
  2  but not limited to, effective preventive maintenance programs,
  3  improved mechanics training programs, decreasing service
  4  repair calls, decreasing parts inventory requirements, and
  5  decreasing equipment downtime, for a period of up to 3 years;
  6         3.  Improving marketing and consumer information
  7  programs, including, but not limited to, automated information
  8  services, organized advertising and promotion programs, and
  9  signing of designated stops, for a period of up to 2 years;
10  and
11         4.  Improving technology involved in overall
12  operations, including, but not limited to, transit equipment,
13  fare collection techniques, electronic data processing
14  applications, and bus locators, for a period of up to 2 years.
15
16  For purposes of this section, the term "net operating costs"
17  means all operating costs of a project less any federal funds,
18  fares, or other sources of income to the project.
19         Section 94.  Subsection (1) of section 341.321, Florida
20  Statutes, is reenacted to read:
21         341.321  Development of high-speed rail transportation
22  system; legislative findings, policy, purpose, and intent.--
23         (1)  The intent of ss. 341.3201-341.386 is to further
24  and advance the goals and purposes of the 1984 High Speed Rail
25  Transportation Commission Act; to ensure a harmonious
26  relationship between that act and the various growth
27  management laws enacted by the Legislature including the Local
28  Government Comprehensive Planning and Land Development
29  Regulation Act, ss. 163.3161-163.3215, the Florida State
30  Comprehensive Planning Act of 1972, as amended, ss.
31  186.001-186.031, the Florida Regional Planning Council Act,
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                                          HB 591, Second Engrossed
  1  ss. 186.501-186.513, and the State Comprehensive Plan, chapter
  2  187; to promote the implementation of these acts in an
  3  effective manner; and to encourage and enhance the
  4  establishment of a high-speed rail transportation system
  5  connecting the major urban areas of the state as expeditiously
  6  as is economically feasible.  Furthermore, it is the intent of
  7  the Legislature that any high-speed rail line and transit
  8  station be consistent to the maximum extent feasible with
  9  local comprehensive plans, and that any other development
10  associated with the rail line and transit station shall
11  ultimately be consistent with comprehensive plans. The
12  Legislature therefore reaffirms these enactments and further
13  finds:
14         (a)  That the implementation of a high-speed rail
15  transportation system in the state will result in overall
16  social and environmental benefits, improvements in ambient air
17  quality, better protection of water quality, greater
18  preservation of wildlife habitat, less use of open space, and
19  enhanced conservation of natural resources and energy.
20         (b)  That a high-speed rail transportation system, when
21  used in conjunction with sound land use planning, becomes a
22  vigorous force in achieving growth management goals and in
23  encouraging the use of public transportation to augment and
24  implement land use and growth management goals and objectives.
25         (c)  That urban and social benefits include
26  revitalization of blighted or economically depressed areas,
27  the redirection of growth in a carefully and comprehensively
28  planned manner, and the creation of numerous employment
29  opportunities within inner-city areas.
30         (d)  That transportation benefits include improved
31  travel times and more reliable travel, hence increased
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                                          HB 591, Second Engrossed
  1  productivity. High-speed rail is far safer than other modes of
  2  transportation and, therefore, travel-related deaths and
  3  injuries can be reduced, and millions of dollars can be saved
  4  from avoided accidents.
  5         Section 95.  Subsection (2) of section 341.3333,
  6  Florida Statutes, is amended to read:
  7         341.3333  Application for franchise; confidentiality of
  8  application and trade secrets.--
  9         (2)  Each applicant, in response to the request for
10  proposals, shall file its application with the department at
11  the location and within the time and date limitations
12  specified in the request for proposals. Applications filed
13  before the deadline shall be kept sealed by the department
14  until the time and date specified for opening.  Such sealed
15  applications shall be confidential and exempt from the
16  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
17  Constitution until such time as the department provides notice
18  of a decision or intended decision pursuant to s. 120.57(3)(a)
19  or until 10 days after application opening, whichever is
20  earlier.  Thereafter, the applications are public. However,
21  the applicant may segregate the trade secret portions of the
22  application and request that the department maintain those
23  portions as confidential and exempt from the provisions of s.
24  119.07(1) and s. 24(a), Art. I of the State Constitution. Upon
25  award of a franchise, the franchisee may segregate portions of
26  materials required to be submitted by the department and
27  request that the department maintain those portions as
28  confidential and exempt from the provisions of s. 119.07(1)
29  and s. 24(a), Art. I of the State Constitution. Such portions
30  designated by an applicant or by the franchisee shall remain
31  confidential and exempt from the provisions of s. 119.07(1)
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                                          HB 591, Second Engrossed
  1  only if the department finds that the information satisfies
  2  the criteria established in s. 119.15(4)(b)3. 119.14(4)(b)3.
  3         Section 96.  Paragraphs (a) and (c) of subsection (2)
  4  of section 341.352, Florida Statutes, are amended to read:
  5         341.352  Certification hearing.--
  6         (2)(a)  The parties to the certification proceeding
  7  are:
  8         1.  The franchisee.
  9         2.  The Department of Commerce.
10         2.3.  The Department of Environmental Protection.
11         3.4.  The Department of Transportation.
12         4.5.  The Department of Community Affairs.
13         5.6.  The Game and Fresh Water Fish Commission.
14         6.7.  Each water management district.
15         7.8.  Each local government.
16         8.9.  Each regional planning council.
17         9.10.  Each metropolitan planning organization.
18         (c)  Notwithstanding the provisions of chapter 120 to
19  the contrary, after the filing with the administrative law
20  judge of a notice of intent to be a party by an agency or
21  corporation or association described in subparagraph 1. or
22  subparagraph 2., or a petition for intervention by a person
23  described in subparagraph 3., no later than 30 days prior to
24  the date set for the certification hearing, any of the
25  following entities also shall be a party to the proceeding:
26         1.  Any state agency not listed in paragraph (a), as to
27  matters within its jurisdiction.
28         2.  Any domestic nonprofit corporation or association
29  that is formed, in whole or in part, to promote conservation
30  of natural beauty; to protect the environment, personal
31  health, or other biological values; to preserve historical
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                                          HB 591, Second Engrossed
  1  sites; to promote consumer interests; to represent labor,
  2  commercial, or industrial groups; to promote economic
  3  development; or to promote the orderly development, or
  4  maintain the residential integrity, of the area in which the
  5  proposed high-speed rail transportation system is to be
  6  located.
  7         3.  Any person whose substantial interests are affected
  8  and being determined by the proceeding.
  9         Section 97.  Subsection (3) of section 343.64, Florida
10  Statutes, 1998 Supplement, is amended to read:
11         343.64  Powers and duties.--
12         (3)  The authority shall, by February 1, 1993, develop
13  and adopt a plan for the development of the Central Florida
14  Commuter Rail.  Such plan shall address the authority's plan
15  for the development of public and private revenue sources,
16  funding of capital and operating costs, the service to be
17  provided, and the extent to which counties within the area of
18  operation of the authority are to be served.  The plan shall
19  be reviewed and updated annually. The plan shall be
20  consistent, to the maximum extent feasible, with the approved
21  local government comprehensive plans of the units of local
22  government served by the authority.
23         Section 98.  Subsection (3) of section 343.74, Florida
24  Statutes, is amended to read:
25         343.74  Powers and duties.--
26         (3)  The authority shall, by February 1, 1992, develop
27  and adopt a plan for the development of the Tampa Bay Commuter
28  Rail or Commuter Ferry Service.  Such plan shall address the
29  authority's plan for the development of public and private
30  revenue sources, funding of operating and capital costs, the
31  service to be provided and the extent to which counties within
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                                          HB 591, Second Engrossed
  1  the authority are to be served. The plan shall be reviewed and
  2  updated annually. Such plan shall be consistent, to the
  3  maximum extent feasible, with the approved local government
  4  comprehensive plan of the units of local government served by
  5  the authority.
  6         Section 99.  Paragraph (c) of subsection (2) of section
  7  348.0005, Florida Statutes, is amended to read:
  8         348.0005  Bonds.--
  9         (2)
10         (c)  Said bonds shall be sold by the authority at
11  public sale by competitive bid. However, if the authority,
12  after receipt of a written recommendation from a financial
13  adviser, shall determine by official action after public
14  hearing by a two-thirds vote of all voting members of the
15  authority that a negotiated sale of the bonds is in the best
16  interest of the authority, the authority may negotiate for
17  sale of the bonds with the underwriter or underwriters
18  designated by the authority and the county in which the
19  authority exists. The authority shall provide specific
20  findings in a resolution as to the reasons requiring the
21  negotiated sale, which resolution shall incorporate and have
22  attached thereto the written recommendation of the financial
23  adviser required by this subsection (4).
24         Section 100.  Section 348.0009, Florida Statutes, is
25  amended to read:
26         348.0009  Cooperation with other units, boards,
27  agencies, and individuals.--Express authority and power is
28  given and granted to any county, municipality, drainage
29  district, road and bridge district, school district, or other
30  political subdivision, board, commission, or individual in or
31  of this state to enter into contracts, leases, conveyances, or
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                                          HB 591, Second Engrossed
  1  other agreements within the provisions and purposes of the
  2  Florida Expressway Authority Act with an authority. An
  3  authority may enter into contracts, leases, conveyances, and
  4  other agreements, to the extent consistent with chapters 334,
  5  335, 338, and 339, and 340, and other provisions of the laws
  6  of the state and with 23 U.S.C. ss. 101 et seq., with any
  7  political subdivision, agency, or instrumentality of the state
  8  and any and all federal agencies, corporations, and
  9  individuals, for the purpose of carrying out the provisions of
10  the Florida Expressway Authority Act.
11         Section 101.  Section 348.248, Florida Statutes, is
12  amended to read:
13         348.248  Cooperation with other units, boards,
14  agencies, and individuals.--Express authority and power is
15  given and granted to any county, municipality, drainage
16  district, road and bridge district, school district, or other
17  political subdivision, board, commission, or individual in or
18  of this state to make and enter into contracts, leases,
19  conveyances, or other agreements within the provisions and
20  purposes of this part with the authority.  The authority is
21  expressly authorized to make and enter into contracts, leases,
22  conveyances, and other agreements, to the extent consistent
23  with chapters 334, 335, 338, and 339, and 340 and other
24  provisions of the laws of this state and with 23 U.S.C. ss.
25  101 et seq., with any political subdivision, agency, or
26  instrumentality of this state and any and all federal
27  agencies, corporations, and individuals, for the purpose of
28  carrying out the provisions of this part.
29         Section 102.  Section 348.948, Florida Statutes, is
30  amended to read:
31
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                                          HB 591, Second Engrossed
  1         348.948  Cooperation with other units, boards,
  2  agencies, and individuals.--Express authority and power is
  3  given and granted to any county, municipality, drainage
  4  district, road and bridge district, school district, or other
  5  political subdivision, board, commission, or individual in or
  6  of this state to make and enter into contracts, leases,
  7  conveyances, or other agreements within the provisions and
  8  purposes of this part with the authority.  The authority is
  9  expressly authorized to make and enter into contracts, leases,
10  conveyances, and other agreements, to the extent consistent
11  with chapters 334, 335, 338, and 339, and 340 and other
12  provisions of the laws of this state and with 23 U.S.C. ss.
13  101 et seq., with any political subdivision, agency, or
14  instrumentality of this state and any and all federal
15  agencies, corporations, and individuals, for the purpose of
16  carrying out the provisions of this part.
17         Section 103.  Subsection (3) of section 349.05, Florida
18  Statutes, is amended to read:
19         349.05  Bonds of the authority.--
20         (3)  The authority may employ fiscal agents as provided
21  by this chapter or the State Board of Administration may, upon
22  request by the authority, act as fiscal agent for the
23  authority in the issuance of any bonds that may be issued
24  pursuant to this chapter part, and the State Board of
25  Administration may, upon request by the authority, take over
26  the management, control, administration, custody, and payment
27  of any or all debt services or funds or assets now or
28  hereafter available for any bonds issued pursuant to this
29  chapter part.  The authority may enter into deeds of trust,
30  indentures, or other agreements with its fiscal agent, or with
31  any bank or trust company within or without the state, as
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                                          HB 591, Second Engrossed
  1  security for such bonds, and may, under such agreements,
  2  assign and pledge all or any of the revenues, rates, fees,
  3  rentals, or other charges or receipts of the authority,
  4  including all or any portion of the Duval County gasoline tax
  5  funds received by the authority pursuant to the terms of any
  6  lease-purchase agreement between the authority and the
  7  department, thereunder.  Such deed of trust, indenture, or
  8  other agreement, may contain such provisions as is customary
  9  in such instruments or, as the authority may authorize,
10  including, but without limitation, provisions as to:
11         (a)  The completion, improvement, operation, extension,
12  maintenance, repair, and lease of, or lease-purchase agreement
13  relating to, the Jacksonville Expressway System, and the
14  duties of the authority and others, including the department,
15  with reference thereto;
16         (b)  The application of funds and the safeguarding of
17  funds on hand or on deposit;
18         (c)  The rights and remedies of the trustee and the
19  holders of the bonds; and
20         (d)  The terms and provisions of the bonds or the
21  resolutions authorizing the issuance of the same.
22         Section 104.  Section 378.411, Florida Statutes, is
23  amended to read:
24         378.411  Certification to receive notices of intent to
25  mine, to review and to inspect for compliance.--
26         (1)  By petition to the secretary, a local government
27  or the Department of Transportation may request certification
28  to receive notices of intent to mine, to review, and to
29  conduct compliance inspections.
30
31
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                                          HB 591, Second Engrossed
  1         (2)  In deciding whether to grant certification to a
  2  local government, the secretary shall determine whether the
  3  following criteria are being met:
  4         (a)  The petitioning local government has adopted and
  5  effectively implemented a local government comprehensive plan.
  6         (b)  The local government has adequate review
  7  procedures and the financial and staffing resources necessary
  8  to assume responsibility for adequate review and inspection.
  9         (c)  The local government has a record of effectively
10  reviewing, inspecting, and enforcing compliance with local
11  ordinances and state laws.
12         (3)  In deciding whether to grant certification to the
13  Department of Transportation, the secretary shall request all
14  information necessary to determine the capability of the
15  Department of Transportation to meet the requirements of this
16  part.
17         (3)(4)  In making his or her determination, the
18  secretary shall consult with the Department of Community
19  Affairs, the appropriate regional planning council, and the
20  appropriate water management district.
21         (4)(5)  The secretary shall evaluate the performance of
22  a local government or the Department of Transportation on a
23  regular basis to ensure compliance with this section. All or
24  part of the certification may be rescinded if the secretary
25  determines that the certification is not being carried out
26  pursuant to the requirements of this part.
27         (5)(6)  The department shall establish the
28  certification procedure by rule.
29         Section 105.  Paragraph (b) of subsection (1) of
30  section 427.012, Florida Statutes, is amended to read:
31
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                                          HB 591, Second Engrossed
  1         427.012  The Commission for the Transportation
  2  Disadvantaged.--There is created the Commission for the
  3  Transportation Disadvantaged in the Department of
  4  Transportation.
  5         (1)  The commission shall consist of the following
  6  members:
  7         (b)  The secretary of the Department of Children and
  8  Family Health and Rehabilitative Services or the secretary's
  9  designee.
10         Section 106.  Subsection (16) of section 427.013,
11  Florida Statutes, 1998 Supplement, is amended to read:
12         427.013  The Commission for the Transportation
13  Disadvantaged; purpose and responsibilities.--The purpose of
14  the commission is to accomplish the coordination of
15  transportation services provided to the transportation
16  disadvantaged. The goal of this coordination shall be to
17  assure the cost-effective provision of transportation by
18  qualified community transportation coordinators or
19  transportation operators for the transportation disadvantaged
20  without any bias or presumption in favor of multioperator
21  systems or not-for-profit transportation operators over single
22  operator systems or for-profit transportation operators. In
23  carrying out this purpose, the commission shall:
24         (16)  Review and approve memorandums of agreement for
25  the provision provisions of coordinated transportation
26  services.
27         Section 107.  Subsection (23) of section 479.01,
28  Florida Statutes, is amended, and subsection (24) of said
29  section is reenacted, to read:
30         479.01  Definitions.--As used in this chapter, the
31  term:
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                                          HB 591, Second Engrossed
  1         (23)  "Unzoned commercial or industrial area" means an
  2  area within 660 feet of the nearest edge of the right-of-way
  3  of the interstate or federal-aid primary system where the land
  4  use is not covered by a future land use map or zoning
  5  regulation pursuant to subsection (3) (2), in which there are
  6  located three or more separate and distinct industrial or
  7  commercial uses located within a 1,600-foot radius of each
  8  other and generally recognized as commercial or industrial by
  9  zoning authorities in this state. Certain activities,
10  including, but not limited to, the following, may not be so
11  recognized:
12         (a)  Signs.
13         (b)  Agricultural, forestry, ranching, grazing,
14  farming, and related activities, including, but not limited
15  to, wayside fresh produce stands.
16         (c)  Transient or temporary activities.
17         (d)  Activities not visible from the main-traveled way.
18         (e)  Activities conducted more than 660 feet from the
19  nearest edge of the right-of-way.
20         (f)  Activities conducted in a building principally
21  used as a residence.
22         (g)  Railroad tracks and minor sidings.
23         (24)  "Urban area" has the same meaning as defined in
24  s. 334.03(32).
25         Section 108.  Section 951.05, Florida Statutes, is
26  amended to read:
27         951.05  Working county prisoners on roads and bridges
28  or other public works of the county; hiring out to another
29  county.--The board of county commissioners of the several
30  counties may require all county prisoners under sentence
31  confined in the jail of their respective counties for any
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                                          HB 591, Second Engrossed
  1  offense to labor upon the public roads, bridges, farms, or
  2  other public works owned and operated by the county, or on
  3  other projects for which the governing body of the county
  4  could otherwise lawfully expend public funds and which it
  5  determines to be necessary for the health, safety, and welfare
  6  of the county, or in the event the county commissioners of any
  7  county deem it to the best interest of their county, they may
  8  hire out their prisoners to any other county in the state to
  9  be worked upon the public roads, bridges, or other public
10  works of that county, or on other projects for which the
11  governing body of that county could otherwise lawfully expend
12  public funds and which it determines to be necessary for the
13  health, safety, and welfare of that county, or they may, upon
14  such terms as may be agreed upon between themselves and the
15  Division of Road Operations of the Department of
16  Transportation, lease or let said prisoners to the department
17  division instead of keeping them in the county jail where they
18  are sentenced. The money derived from the hire of such
19  prisoners shall be paid to the county hiring out such
20  prisoners and placed to the credit of the fine and forfeiture
21  fund of the county.
22         Section 109.  Effective January 1, 2000, section
23  73.015, Florida Statutes, is created to read:
24         73.015 Presuit negotiation.--
25         (1)  Effective July 1, 2000, before an eminent domain
26  proceeding is brought under this chapter or chapter 74, the
27  condemning authority must attempt to negotiate in good faith
28  with the fee owner of the parcel to be acquired, must provide
29  the fee owner with a written offer and, if requested, a copy
30  of the appraisal upon which the offer is based, and must
31
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                                          HB 591, Second Engrossed
  1  attempt to reach an agreement regarding the amount of
  2  compensation to be paid for the parcel.
  3         (a)  At the inception of negotiation for acquisition,
  4  the condemning authority must notify the fee owner of the
  5  following:
  6         1.  That all or a portion of his or her property is
  7  necessary for a project.
  8         2.  The nature of the project for which the parcel is
  9  considered necessary, and the parcel designation of the
10  property to be acquired.
11         3.  That, within 15 business days after receipt of a
12  request by the fee owner, the condemning authority will
13  provide a copy of the appraisal report upon which the offer to
14  the fee owner is based; copies, to the extent prepared, of the
15  right-of-way maps or other documents that depict the proposed
16  taking; and copies, to the extent prepared, of the
17  construction plans that depict project improvements to be
18  constructed on the property taken and improvements to be
19  constructed adjacent to the remaining property, including, but
20  not limited to, plan, profile, cross-section, drainage, and
21  pavement marking sheets, and driveway connection detail.  The
22  condemning authority shall provide any additional plan sheets
23  within 15 days of request.
24         4.  The fee owner's statutory rights under ss. 73.091
25  and 73.092.
26         5.  The fee owner's rights and responsibilities under
27  paragraphs (b) and (c) and subsection (4).
28         (b)  The condemning authority must provide a written
29  offer of compensation to the fee owner as to the value of the
30  property sought to be appropriated and, where less than the
31  entire property is sought to be appropriated, any damages to
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                                          HB 591, Second Engrossed
  1  the remainder caused by the taking. The owner must be given at
  2  least 30 days after either receipt of the notice or the date
  3  the notice is returned as undeliverable by the postal
  4  authorities to respond to the offer, before the condemning
  5  authority files a condemnation proceeding for the parcel
  6  identified in the offer.
  7         (c)  The notice and written offer must be sent by
  8  certified mail, return receipt requested, to the fee owner's
  9  last known address listed on the county ad valorem tax roll.
10  Alternatively, the notice and written offer may be personally
11  delivered to the fee owner of the property. If there is more
12  than one owner of a property, notice to one owner constitutes
13  notice to all owners of the property. The return of the notice
14  as undeliverable by the postal authorities constitutes
15  compliance with this provision. The condemning authority is
16  not required to give notice or a written offer to a person who
17  acquires title to the property after the notice required by
18  this section has been given.
19         (d)  Notwithstanding this subsection, with respect to
20  lands acquired under s. 259.041, the condemning authority is
21  not required to give the fee owner the current appraisal
22  before executing an option contract.
23         (2)  Effective July 1, 2000, before an eminent domain
24  proceeding is brought under this chapter or chapter 74 by the
25  Department of Transportation or by a county, municipality,
26  board, district, or other public body for the condemnation of
27  right-of-way, the condemning authority must make a good-faith
28  effort to notify the business owners, including lessees, who
29  operate a business located on the property to be acquired.
30         (a)  The condemning authority must notify the business
31  owner of the following:
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                                          HB 591, Second Engrossed
  1         1.  That all or a portion of his or her property is
  2  necessary for a project.
  3         2.  The nature of the project for which the parcel is
  4  considered necessary, and the parcel designation of the
  5  property to be acquired.
  6         3.  That, within 15 business days after receipt of a
  7  request by the business owner, the condemning authority will
  8  provide a copy of the appraisal report upon which the offer to
  9  the fee owner is based; copies, to the extent prepared, of the
10  right-of-way maps or other documents that depict the proposed
11  taking; and copies, to the extent prepared, of the
12  construction plans that depict project improvements to be
13  constructed on the property taken and improvements to be
14  constructed adjacent to the remaining property, including, but
15  not limited to, plan, profile, cross-section, drainage,
16  pavement marking sheets, and driveway connection detail.  The
17  condemning authority shall provide any additional plan sheets
18  within 15 days of request.
19         4.  The business owner's statutory rights under ss.
20  73.071, 73.091, and 73.092.
21         5.  The business owner's rights and responsibilities
22  under paragraphs (b) and (c) and subsection (4).
23         (b)  The notice must be made subsequent to or
24  concurrent with the condemning authority's making the written
25  offer of compensation to the fee owner pursuant to subsection
26  (1).  The notice must be sent by certified mail, return
27  receipt requested, to the address of the registered agent for
28  the business located on the property to be acquired, or if no
29  agent is registered, by certified mail or personal delivery to
30  the address of the business located on the property to be
31  acquired.  Notice to one owner of a multiple ownership
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                                          HB 591, Second Engrossed
  1  business constitutes notice to all business owners of that
  2  business.  The return of the notice as undeliverable by the
  3  postal authorities constitutes compliance with these
  4  provisions.  The condemning authority is not required to give
  5  notice to a person who acquires an interest in the business
  6  after the notice required by this section has been given.
  7  Once notice has been made to business owners under this
  8  subsection, the condemning authority may file a condemnation
  9  proceeding pursuant to chapter 73 or chapter 74 for the
10  property identified in the notice.
11         (c)  If the business qualifies for business damages
12  pursuant to s. 73.071(3)(b) and the business intends to claim
13  business damages, the business owner must, within 180 days
14  after either receipt of the notice or the date the notice is
15  returned as undeliverable by the postal authorities, or at a
16  later time mutually agreed to by the condemning authority and
17  the business owner, submit to the condemning authority a
18  good-faith written offer to settle any claims of business
19  damage.  The written offer must be sent to the condemning
20  authority by certified mail, return receipt requested.  Absent
21  a showing of a good-faith justification for the failure to
22  submit a business-damage offer within 180 days, the court must
23  strike the business owner's claim for business damages in any
24  condemnation proceeding.  If the court finds that the business
25  owner has made a showing of a good-faith justification for the
26  failure to timely submit a business damage offer, the court
27  shall grant the business owner up to 180 days within which to
28  submit a business-damage offer, which the condemning authority
29  must respond to within 120 days.
30         1.  The business-damage offer must include an
31  explanation of the nature, extent, and monetary amount of such
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                                          HB 591, Second Engrossed
  1  damage and must be prepared by the owner, a certified public
  2  accountant, or a business damage expert familiar with the
  3  nature of the operations of the owner's business.  The
  4  business owner shall also provide to the condemning authority
  5  copies of the owner's business records that substantiate the
  6  good-faith offer to settle the business damage claim.  If
  7  additional information is needed beyond data that may be
  8  obtained from business records existing at the time of the
  9  offer, the business owner and condemning authority may agree
10  on a schedule for the submission of such information.
11         2.  As used in this paragraph, the term "business
12  records" includes, but is not limited to, copies of federal
13  income tax returns, federal income tax withholding statements,
14  federal miscellaneous income tax statements, state sales tax
15  returns, balance sheets, profit and loss statements, and state
16  corporate income tax returns for the 5 years preceding
17  notification which are attributable to the business operation
18  on the property to be acquired, and other records relied upon
19  by the business owner that substantiate the business-damage
20  claim.
21         (d)  Within 120 days after receipt of the good-faith
22  business-damage offer and accompanying business records, the
23  condemning authority must, by certified mail, accept or reject
24  the business owner's offer or make a counteroffer.  Failure of
25  the condemning authority to respond to the business damage
26  offer, or rejection thereof pursuant to this section, must be
27  deemed to be a counteroffer of zero dollars for purposes of
28  subsequent application of s. 73.092(1).
29         (3)  At any time in the presuit negotiation process,
30  the parties may agree to submit the compensation or
31  business-damage claims to nonbinding mediation. The parties
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                                          HB 591, Second Engrossed
  1  shall agree upon a mediator certified under s. 44.102.  In the
  2  event that there is a settlement reached as a result of
  3  mediation or other mutually acceptable dispute resolution
  4  procedure, the agreement reached shall be in writing.  The
  5  written agreement provided for in this section shall
  6  incorporate by reference the right-of-way maps, construction
  7  plans, or other documents related to the taking upon which the
  8  settlement is based.  In the event of a settlement, both
  9  parties shall have the same legal rights that would have been
10  available under law if the matter had been resolved through
11  eminent domain proceedings in circuit court with the maps,
12  plans, or other documents having been made a part of the
13  record.
14         (4)  If a settlement is reached between the condemning
15  authority and a property or business owner prior to a lawsuit
16  being filed, the property or business owner who settles
17  compensation claims in lieu of condemnation shall be entitled
18  to recover costs in the same manner as provided in s. 73.091
19  and attorney's fees in the same manner as provided in s.
20  73.092, more specifically as follows:
21         (a)  Attorney's fees for presuit negotiations under
22  this section regarding the amount of compensation to be paid
23  for the land, severance damages, and improvements must be
24  calculated in the same manner as provided in s. 73.092(1)
25  unless the parties otherwise agree.
26         (b)  If business damages are recovered by the business
27  owner based on the condemning authority accepting the business
28  owner's initial offer or the business owner accepting the
29  condemning authority's initial counteroffer, attorney's fees
30  must be calculated in accordance with s. 73.092(2), (3), (4),
31  and (5) for the attorney's time incurred in presentation of
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                                          HB 591, Second Engrossed
  1  the business owner's good-faith offer under paragraph (2)(c).
  2  Otherwise, attorney's fees for the award of business damages
  3  must be calculated as provided in s. 73.092(1), based on the
  4  difference between the final judgment or settlement of
  5  business damages and the counteroffer to the business owner's
  6  offer by the condemning authority.
  7         (c)  Presuit costs must be presented, calculated, and
  8  awarded in the same manner as provided in s. 73.091, after
  9  submission by the business or property owner to the condemning
10  authority of all appraisal reports, business damage reports,
11  or other work-products for which recovery is sought, and upon
12  transfer of title of the real property by closing, upon
13  payment of any amounts due for business damages, or upon final
14  judgment.
15         (d)  If the parties cannot agree on the amount of costs
16  and attorney's fees to be paid by the condemning authority,
17  the business or property owner may file a complaint in the
18  circuit court in the county in which the property is located
19  to recover attorney's fees and costs.
20
21  This shall only apply when the action is by the Department of
22  Transportation, county, municipality, board, district, or
23  other public body for the condemnation of a road right-of-way.
24         (5)  Evidence of negotiations or of any written or oral
25  statements used in mediation or negotiations between the
26  parties under this section is inadmissible in any condemnation
27  proceeding, except in a proceeding to determine reasonable
28  costs and attorney's fees.
29         Section 110.  Effective January 1, 2000, subsection (3)
30  of section 73.071, Florida Statutes, is amended to read:
31
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                                          HB 591, Second Engrossed
  1         73.071  Jury trial; compensation; severance damages;
  2  business damages.--
  3         (3)  The jury shall determine solely the amount of
  4  compensation to be paid, which compensation shall include:
  5         (a)  The value of the property sought to be
  6  appropriated;
  7         (b)  Where less than the entire property is sought to
  8  be appropriated, any damages to the remainder caused by the
  9  taking, including, when the action is by the Department of
10  Transportation, county, municipality, board, district or other
11  public body for the condemnation of a right-of-way, and the
12  effect of the taking of the property involved may damage or
13  destroy an established business of more than 4 5 years'
14  standing, owned by the party whose lands are being so taken,
15  located upon adjoining lands owned or held by such party, the
16  probable damages to such business which the denial of the use
17  of the property so taken may reasonably cause; any person
18  claiming the right to recover such special damages shall set
19  forth in his or her written defenses the nature and extent of
20  such damages; and
21         (c)  Where the appropriation is of property upon which
22  a mobile home, other than a travel trailer as defined in s.
23  320.01, is located, whether or not the owner of the mobile
24  home is an owner or lessee of the property involved, and the
25  effect of the taking of the property involved requires the
26  relocation of such mobile home, the reasonable removal or
27  relocation expenses incurred by such mobile home owner, not to
28  exceed the replacement value of such mobile home.  The
29  compensation paid to a mobile home owner under this paragraph
30  shall preclude an award to a mobile home park owner for such
31  expenses of removal or relocation.  Any mobile home owner
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                                          HB 591, Second Engrossed
  1  claiming the right to such removal or relocation expenses
  2  shall set forth in his or her written defenses the nature and
  3  extent of such expenses.  This paragraph shall not apply to
  4  any governmental authority exercising its power of eminent
  5  domain when reasonable removal or relocation expenses must be
  6  paid to mobile home owners under other provisions of law or
  7  agency rule applicable to such exercise of power.
  8         Section 111.  Effective January 1, 2000, the amendments
  9  to subsection (3) of section 73.071, Florida Statutes, as
10  contained in this act shall stand repealed effective January
11  1, 2003.
12         Section 112.  Effective January 1, 2000, subsection (1)
13  of section 73.091, Florida Statutes, is amended to read:
14         73.091  Costs of the proceedings.--
15         (1)  The petitioner shall pay attorney's fees as
16  provided in s. 73.092 as well as all reasonable costs incurred
17  in the defense of the proceedings in the circuit court,
18  including, but not limited to, reasonable appraisal fees and,
19  when business damages are compensable, a reasonable
20  accountant's fee, to be assessed by that court. No prejudgment
21  interest shall be paid on costs or attorney's fees.
22         Section 113.  Effective January 1, 2000, subsection (1)
23  of section 73.092, Florida Statutes, is amended to read:
24         73.092  Attorney's fees.--
25         (1)  Except as otherwise provided in this section and
26  s. 73.015, the court, in eminent domain proceedings, shall
27  award attorney's fees based solely on the benefits achieved
28  for the client.
29         (a)  As used in this section, the term "benefits" means
30  the difference, exclusive of interest, between the final
31  judgment or settlement and the last written offer made by the
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                                          HB 591, Second Engrossed
  1  condemning authority before the defendant hires an attorney.
  2  If no written offer is made by the condemning authority before
  3  the defendant hires an attorney, benefits must be measured
  4  from the first written offer after the attorney is hired.
  5         1.  In determining attorney's fees, if business records
  6  as defined in s. 73.015(2)(c)2. and kept by the owner in the
  7  ordinary course of business were provided to the condemning
  8  authority to substantiate the business damage offer in s.
  9  73.015(2)(c), benefits for amounts awarded for business
10  damages must be based on the difference between the final
11  judgment or settlement and the written counteroffer made by
12  the condemning authority provided in s. 73.015(2)(d).
13         2.  In determining attorney's fees, if existing
14  business records as defined in s. 73.015(2)(c)2. and kept by
15  the owner in the ordinary course of business were not provided
16  to the condemning authority to substantiate the business
17  damage offer in s. 73.015(2)(c) and those records which were
18  not provided are later deemed material to the determination of
19  business damages, benefits for amounts awarded for business
20  damages must be based upon the difference between the final
21  judgment or settlement and the first written counteroffer made
22  by the condemning authority within 90 days from the condemning
23  authority's receipt of the business records previously not
24  provided.
25         1.  In determining attorney's fees in prelitigation
26  negotiations, benefits do not include amounts awarded for
27  business damages unless the business owner provided to the
28  condemning authority, upon written request, prior to
29  litigation, those financial and business records kept by the
30  owner in the ordinary course of business.
31
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  1         2.  In determining attorney's fees subsequent to the
  2  filing of litigation, if financial and business records kept
  3  by the owner in the ordinary course of business were not
  4  provided to the condemning authority prior to litigation,
  5  benefits for amounts awarded for business damages must be
  6  based on the first written offer made by the condemning
  7  authority within 120 days after the filing of the eminent
  8  domain action. In the event the petitioner makes a discovery
  9  request for a defendant's financial and business records kept
10  in the ordinary course of business within 45 days after the
11  filing of that defendant's answer, then the 120-day period
12  shall be extended to 60 days after receipt by petitioner of
13  those records. If the condemning authority makes no written
14  offer to the defendant for business damages within the time
15  period provided in this section, benefits for amounts awarded
16  for business damages must be based on the difference between
17  the final judgment or settlement and the last written offer
18  made by the condemning authority before the defendant hired an
19  attorney.
20         (b)  The court may also consider nonmonetary benefits
21  obtained for the client through the efforts of the attorney,
22  to the extent such nonmonetary benefits are specifically
23  identified by the court and can, within a reasonable degree of
24  certainty, be quantified.
25         (c)  Attorney's fees based on benefits achieved shall
26  be awarded in accordance with the following schedule:
27         1.  Thirty-three percent of any benefit up to $250,000;
28  plus
29         2.  Twenty-five percent of any portion of the benefit
30  between $250,000 and $1 million; plus
31
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                                          HB 591, Second Engrossed
  1         3.  Twenty percent of any portion of the benefit
  2  exceeding $1 million.
  3         Section 114.  Effective January 1, 2000, subsection (1)
  4  of section 127.01, Florida Statutes, is amended to read:
  5         127.01  Counties delegated power of eminent domain;
  6  recreational purposes, issue of necessity of taking.--
  7         (1)(a)  Each county of the state is delegated authority
  8  to exercise the right and power of eminent domain; that is,
  9  the right to appropriate property, except state or federal,
10  for any county purpose.  The absolute fee simple title to all
11  property so taken and acquired shall vest in such county
12  unless the county seeks to condemn a particular right or
13  estate in such property.
14         (b)  Each county is further authorized to exercise the
15  eminent domain power powers granted to the Department of
16  Transportation by s. 337.27(1) and (2), the transportation
17  corridor protection provisions of s. 337.273, and the right of
18  entry onto property pursuant to s. 337.274.
19         Section 115.  Effective January 1, 2000, subsection (2)
20  of section 166.401, Florida Statutes, is amended to read:
21         166.401  Right of eminent domain.--
22         (2)  Each municipality is further authorized to
23  exercise the eminent domain power powers granted to the
24  Department of Transportation in s. 337.27(1) and (2) and the
25  transportation corridor protection provisions of s. 337.273.
26         Section 116.  Effective January 1, 2000, subsection (2)
27  of section 337.27, section 337.271, subsection (2) of section
28  348.0008, subsection (2) of section 348.759, and subsection
29  (2) of section 348.957, Florida Statutes, are repealed.
30         Section 117.  Subsections (3), (4), (5), and (6) are
31  added to section 479.15, Florida Statutes, to read:
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                                          HB 591, Second Engrossed
  1         479.15  Harmony of regulations.--
  2         (3)  It is the express intent of the Legislature to
  3  limit the state right-of-way acquisition costs on state and
  4  federal roads in eminent domain proceedings, the provisions of
  5  ss. 479.07 and 479.155 notwithstanding. Subject to approval by
  6  the Federal Highway Administration, whenever public
  7  acquisition of land upon which is situated a lawful
  8  nonconforming sign occurs, as provided in this chapter, the
  9  sign may, at the election of its owner and the department, be
10  relocated or reconstructed adjacent to the new right-of-way
11  along the roadway within 100 feet of the current location,
12  provided the nonconforming sign is not relocated on a parcel
13  zoned residential, and provided further that such relocation
14  shall be subject to applicable setback requirements. The sign
15  owner shall pay all costs associated with relocating or
16  reconstructing any sign under this subsection, and neither the
17  state nor any local government shall reimburse the sign owner
18  for such costs, unless part of such relocation costs are
19  required by federal law.  If no adjacent property is available
20  for the relocation, the department shall be responsible for
21  paying the owner of the sign just compensation for its
22  removal.
23         (4)  Such relocation shall be adjacent to the current
24  site and the face of the sign shall not be increased in size
25  or height or structurally modified at the point of relocation
26  in a manner inconsistent with the current building codes of
27  the jurisdiction in which the sign is located.
28         (5)  In the event that relocation can be accomplished
29  but is inconsistent with the ordinances of the municipality or
30  county within whose jurisdiction the sign is located, the
31  ordinances of the local government shall prevail, provided
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                                          HB 591, Second Engrossed
  1  that the local government shall assume the responsibility to
  2  provide the owner of the sign just compensation for its
  3  removal, but in no event shall compensation paid by the local
  4  government exceed the compensation required under state or
  5  federal law. Further, the provisions of this section shall not
  6  impair any agreement or future agreements between a
  7  municipality or county and the owner of a sign or signs within
  8  the jurisdiction of the municipality or county. Nothing in
  9  this section shall be deemed to cause a nonconforming sign to
10  become conforming solely as a result of the relocation allowed
11  in this section.
12         (6)  The provisions of subsections (3), (4), and (5) of
13  this section shall not apply within the jurisdiction of any
14  municipality which is engaged in any litigation concerning its
15  sign ordinance on April 23, 1999, nor shall such provisions
16  apply to any municipality whose boundaries are identical to
17  the county within which said municipality is located.
18         Section 118.  Except as otherwise provided herein, this
19  act shall take effect July 1, 1999.
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