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


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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:


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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.--


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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


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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


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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:


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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


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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.


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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


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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.--


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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


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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


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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


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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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  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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  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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  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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  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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  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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                                          HB 591, Second Engrossed



  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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  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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