CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 18, line 16, through page 23, line 20, delete
15 those lines
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17 and insert:
18 Section 11. Paragraph (c) of subsection (1) of section
19 20.23, Florida Statutes, is amended to read:
20 20.23 Department of Transportation.--There is created
21 a Department of Transportation which shall be a decentralized
22 agency.
23 (1)
24 (c) The secretary shall appoint three assistant
25 secretaries who shall be directly responsible to the secretary
26 and who shall perform such duties as are specified in this
27 section and such other duties as are assigned by the
28 secretary. The secretary may delegate to any assistant
29 secretary the authority to act in the absence of the
30 secretary. The department has the authority to adopt rules
31 necessary for the delegation of authority beyond the assistant
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 secretaries. The assistant secretaries shall serve at the
2 pleasure of the secretary.
3 Section 12. Subsection (4) is added to section
4 334.187, Florida Statutes, to read:
5 334.187 Guarantee of obligations to the department.--
6 (4) The department is authorized to adopt rules
7 relating to the use of prepaid escrow accounts for purchases
8 from the department.
9 Section 13. Section 334.044, Florida Statutes, is
10 amended to read:
11 334.044 Department; powers and duties.--The department
12 shall have the following general powers and duties:
13 (1) To assume the responsibility for coordinating the
14 planning of a safe, viable, and balanced state transportation
15 system serving all regions of the state, and to assure the
16 compatibility of all components, including multimodal
17 facilities.
18 (2) To adopt rules pursuant to ss. 120.536(1) and
19 120.54 to implement the provisions of law conferring duties
20 upon it.
21 (3) To adopt an official seal.
22 (4) To maintain its headquarters in Tallahassee and
23 its district offices and necessary field offices at such
24 places within the state as it may designate, and to purchase,
25 build, or lease suitable buildings for such uses.
26 (5) To purchase, lease, or otherwise acquire property,
27 materials, including the purchase of promotional items as part
28 of public information and education campaigns for the
29 promotion of traffic and train safety awareness, alternatives
30 to single occupant vehicle travel, and commercial motor
31 vehicle safety; to purchase, lease or otherwise acquire
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 equipment, and supplies,; and to sell, exchange, or otherwise
2 dispose of any property that which is no longer needed by the
3 department.
4 (6) To acquire, by the exercise of the power of
5 eminent domain as provided by law, all property or property
6 rights, whether public or private, which it finds may
7 determine are necessary to the performance of its duties and
8 the execution of its powers.
9 (7) To enter into contracts and agreements.
10 (8) To sue and be sued as provided by law.
11 (9) To employ and train staff, and to contract with
12 qualified consultants. For the purposes of chapters 471 and
13 472, the department shall be considered a firm.
14 (10)(a) To develop and adopt uniform minimum standards
15 and criteria for the design, construction, maintenance, and
16 operation of public roads pursuant to the provisions of s.
17 336.045.
18 (b) The department shall periodically review its
19 construction, design, and maintenance standards to ensure that
20 such standards are cost-effective and consistent with
21 applicable federal regulations and state law.
22 (c) The department is authorized to adopt rules
23 relating to approval of aggregate and other material sources.
24 (11) To establish a numbering system for public roads,
25 to functionally classify such roads, and to assign
26 jurisdictional responsibility.
27 (12) To coordinate the planning of the development of
28 public transportation facilities within the state and the
29 provision of related transportation services as authorized by
30 law.
31 (13) To designate existing and to plan proposed
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 transportation facilities as part of the State Highway System,
2 and to construct, maintain, and operate such facilities.
3 (14) To establish, control, and prohibit points of
4 ingress to, and egress from, the State Highway System, the
5 turnpike, and other transportation facilities under the
6 department's jurisdiction as necessary to ensure the safe,
7 efficient, and effective maintenance and operation of such
8 facilities.
9 (15) To regulate and prescribe conditions for the
10 transfer of stormwater to the state right-of-way as a result
11 of manmade changes to adjacent properties.
12 (a) Such regulation shall be through a permitting
13 process designed to ensure the safety and integrity of the
14 Department of Transportation facilities and to prevent an
15 unreasonable burden on lower properties.
16 (b) The department is specifically authorized to adopt
17 rules which set forth the purpose; necessary definitions;
18 permit exceptions; permit and assurance requirements; permit
19 application procedures; permit forms; general conditions for a
20 drainage permit; provisions for suspension or revocation of a
21 permit; and provisions for department recovery of fines,
22 penalties, and costs incurred due to permittee actions. In
23 order to avoid duplication and overlap with other units of
24 government, the department shall accept a surface water
25 management permit issued by a water management district, the
26 Department of Environmental Protection, a surface water
27 management permit issued by a delegated local government, or a
28 permit issued pursuant to an approved Stormwater Management
29 Plan or Master Drainage Plan; provided issuance is based on
30 requirements equal to or more stringent than those of the
31 department.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 (16) To plan, acquire, lease, construct, maintain, and
2 operate toll facilities; to authorize the issuance and
3 refunding of bonds; and to fix and collect tolls or other
4 charges for travel on any such facilities.
5 (17) To designate limited access facilities on the
6 State Highway System and turnpike projects; to plan,
7 construct, maintain, and operate service roads in connection
8 with such facilities; and to regulate, reconstruct, or realign
9 any existing public road as a service road.
10 (18) To establish and maintain bicycle and pedestrian
11 ways.
12 (19) To encourage and promote the development of
13 multimodal transportation alternatives.
14 (20) To conduct research studies, and to collect data
15 necessary for the improvement of the state transportation
16 system.
17 (21) To conduct research and demonstration projects
18 relative to innovative transportation technologies.
19 (22) To cooperate with and assist local governments in
20 the development of a statewide transportation system and in
21 the development of the individual components of the system.
22 (23) To cooperate with the transportation department
23 or duly authorized commission or authority of any state in the
24 development and construction of transportation facilities
25 physically connecting facilities of this state with those
26 facilities of any adjoining state.
27 (24) To identify, obtain, and administer all federal
28 funds available to the department for all transportation
29 purposes.
30 (25) To do all things necessary to obtain the full
31 benefits of the national Highway Safety Act of 1966, and in so
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 doing, to cooperate with federal and state agencies, public
2 and private agencies, interested organizations, and
3 individuals to effectuate the purposes of that act, and any
4 and all amendments thereto. The Governor shall have the
5 ultimate state responsibility for dealing with the Federal
6 Government in respect to programs and activities initiated
7 pursuant to the national Highway Safety Act of 1966, and any
8 amendments thereto.
9 (26) To provide for the conservation of natural
10 roadside growth and scenery and for the implementation and
11 maintenance of roadside beautification programs. To accomplish
12 this, for fiscal years 1999-2000, 2000-2001, and 2001-2002 no
13 less than 1 percent, and for subsequent fiscal years no less
14 than 1.5 percent of the amount contracted for construction
15 projects shall be allocated by the department to
16 beautification programs. Except where prohibited by federal
17 law or federal regulation and to the extent practical, a
18 minimum of 50 percent of these funds shall be used to purchase
19 large plant materials with the remaining funds for other plant
20 materials and these materials shall be purchased from
21 Florida-based nurseryman stock on a uniform competitive bid
22 basis. The department will develop grades and standards for
23 landscaping materials purchased through this process. To
24 accomplish these activities, the department may contract with
25 nonprofit organizations having the primary purpose of
26 developing youth employment opportunities.
27 (27) To conduct studies and provide coordination to
28 assess the needs associated with landside ingress and egress
29 to port facilities, and to coordinate with local governmental
30 entities to ensure that port facility access routes are
31 properly integrated with other transportation facilities.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 (28) To require persons to affirm the truth of
2 statements made in any application for a license, permit, or
3 certification issued by the department or in any contract
4 documents submitted to the department.
5 (29) To advance funds for projects in the department's
6 adopted work program to governmental entities prior to
7 commencement of the project or project phase when the advance
8 has been authorized by the department's comptroller and is
9 made pursuant to a written agreement between the department
10 and a governmental entity.
11 (30) To take any other action necessary to carry out
12 the powers and duties expressly granted in this code.
13 Section 14. Subsection (1) of section 337.18, Florida
14 Statutes, is amended to read:
15 337.18 Surety bonds; requirement with respect to
16 contract award; defaults; damage assessments.--
17 (1) A surety bond shall be required of the successful
18 bidder in an amount equal to the awarded contract price. For a
19 project for which the contract price is $150,000 or less, the
20 department may waive the requirement for all or a portion of a
21 surety bond if it determines the project is of a noncritical
22 nature and nonperformance will not endanger public health,
23 safety, or property. The department may require alternate
24 means of security if a surety bond is waived. The surety on
25 such bond shall be a surety company authorized to do business
26 in the state. All bonds shall be payable to the department and
27 conditioned for the prompt, faithful, and efficient
28 performance of the contract according to plans and
29 specifications and within the time period specified, and for
30 the prompt payment of all persons furnishing labor, material,
31 equipment, and supplies therefor; however, whenever an
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 improvement, demolition, or removal contract price is $25,000
2 or less, the security may, in the discretion of the bidder, be
3 in the form of a cashier's check, bank money order of any
4 state or national bank, certified check, or postal money
5 order. The department shall adopt rules to implement this
6 subsection. Such rules shall include provisions under which
7 the department will refuse to accept bonds on contracts when a
8 surety wrongfully fails or refuses to settle or provide a
9 defense for claims or actions arising under a contract for
10 which the surety previously furnished a bond.
11 Section 15. Subsection (1) of section 338.155, Florida
12 Statutes, is amended to read:
13 338.155 Payment of toll on toll facilities required;
14 exemptions.--
15 (1) No persons are permitted to use any toll facility
16 without payment of tolls, except employees of the agency
17 operating the toll project when using the toll facility on
18 official state business, state military personnel while on
19 official military business, handicapped persons as provided in
20 this section, persons exempt from toll payment by the
21 authorizing resolution for bonds issued to finance the
22 facility, and persons exempt on a temporary basis where use of
23 such toll facility is required as a detour route. Any Florida
24 highway patrol officer, sheriff, deputy sheriff, or municipal
25 police officer operating a marked official vehicle is exempt
26 from toll payment when on official law enforcement business.
27 The secretary, or the secretary's designee, may suspend the
28 payment of tolls on a toll facility when necessary to assist
29 in emergency evacuation. The failure to pay a prescribed toll
30 constitutes a noncriminal traffic infraction, punishable as a
31 moving violation pursuant to s. 318.18. The department is
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 authorized to adopt rules relating to guaranteed toll
2 accounts.
3 Section 16. Subsection (2) of section 339.09, Florida
4 Statutes, is amended to read:
5 339.09 Use of transportation tax revenues;
6 restrictions.--
7 (2) The department may, in cooperation with the
8 Federal Government, expend transportation tax revenues
9 pursuant to rules adopted by the department, for control of
10 undesirable rodents, relocation assistance, and moving costs
11 of persons displaced by highway construction and other related
12 transportation projects to the extent, but only to the extent,
13 required by federal law to be undertaken by the state to
14 continue to be eligible for federal highway funds.
15 Section 17. Section 427.013, Florida Statutes, is
16 amended to read:
17 427.013 The Commission for the Transportation
18 Disadvantaged; purpose and responsibilities.--The purpose of
19 the commission is to accomplish the coordination of
20 transportation services provided to the transportation
21 disadvantaged. The goal of this coordination shall be to
22 assure the cost-effective provision of transportation by
23 qualified community transportation coordinators or
24 transportation operators for the transportation disadvantaged
25 without any bias or presumption in favor of multioperator
26 systems or not-for-profit transportation operators over single
27 operator systems or for-profit transportation operators. In
28 carrying out this purpose, the commission shall:
29 (1) Compile all available information on the
30 transportation operations for and needs of the transportation
31 disadvantaged in the state.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 (2) Establish statewide objectives for providing
2 transportation services for the transportation disadvantaged.
3 (3) Develop policies and procedures for the
4 coordination of local government, federal, and state funding
5 for the transportation disadvantaged.
6 (4) Identify barriers prohibiting the coordination and
7 accessibility of transportation services to the transportation
8 disadvantaged and aggressively pursue the elimination of these
9 barriers.
10 (5) Serve as a clearinghouse for information about
11 transportation disadvantaged services, training, funding
12 sources, innovations, and coordination efforts.
13 (6) Assist communities in developing transportation
14 systems designed to serve the transportation disadvantaged.
15 (7) Assure that all procedures, guidelines, and
16 directives issued by member departments are conducive to the
17 coordination of transportation services.
18 (8)(a) Assure that member departments purchase all
19 trips within the coordinated system, unless they use a more
20 cost-effective alternative provider.
21 (b) Provide, by rule, criteria and procedures for
22 member departments to use if they wish to use an alternative
23 provider. Departments must demonstrate either that the
24 proposed alternative provider can provide a trip of acceptable
25 quality for the clients at a lower cost than that provided
26 within the coordinated system, or that the coordinated system
27 cannot accommodate the department's clients.
28 (9) Develop by rule standards for community
29 transportation coordinators and any transportation operator or
30 coordination contractor from whom service is purchased or
31 arranged by the community transportation coordinator covering
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 coordination, operation, safety, insurance, eligibility for
2 service, costs, and utilization of transportation
3 disadvantaged services. These standards and rules must shall
4 include, but not be limited to:
5 (a) Inclusion, by rule, of acceptable ranges of trip
6 costs for the various modes and types of transportation
7 services provided.
8 (b) Minimum performance standards for the delivery of
9 services. These standards must should be included in
10 coordinator contracts and transportation operator contracts
11 with clear penalties for repeated or continuing violations.
12 (c) Minimum liability insurance requirements for all
13 transportation services purchased, provided, or coordinated
14 for the transportation disadvantaged through the community
15 transportation coordinator.
16 (10) Adopt rules pursuant to ss. 120.536(1) and 120.54
17 to implement the provisions of ss. 427.011-427.017.
18 (11) Approve the appointment of all community
19 transportation coordinators.
20 (12) Have the authority to apply for and accept funds,
21 grants, gifts, and services from the Federal Government, state
22 government, local governments, or private funding sources.
23 Applications by the commission for local government funds
24 shall be coordinated through the appropriate coordinating
25 board. Funds acquired or accepted under this subsection shall
26 be administered by the commission and shall be used to carry
27 out the commission's responsibilities.
28 (13) Make an annual report to the Governor, the
29 President of the Senate, and the Speaker of the House of
30 Representatives by January 1 of each year.
31 (14) Consolidate, for each state agency, the annual
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 budget estimates for transportation disadvantaged services,
2 and the amounts of each agency's actual expenditures, together
3 with the annual budget estimates of each official planning
4 agency, local government, and directly federally funded agency
5 and issue a report.
6 (15) Prepare a statewide 5-year transportation
7 disadvantaged plan which addresses the transportation problems
8 and needs of the transportation disadvantaged, which is fully
9 coordinated with local transit plans, compatible with local
10 government comprehensive plans, and which ensures that the
11 most cost-effective and efficient method of providing
12 transportation to the disadvantaged is programmed for
13 development.
14 (16) Review and approve memorandums of agreement for
15 the provision of coordinated transportation services.
16 (17) Review, monitor, and coordinate all
17 transportation disadvantaged local government, state, and
18 federal fund requests and plans for conformance with
19 commission policy, without delaying the application process.
20 Such funds shall be available only to those entities
21 participating in an approved coordinated transportation system
22 or entities which have received a commission-approved waiver
23 to obtain all or part of their transportation through another
24 means. This process shall identify procedures for coordinating
25 with the state's intergovernmental coordination and review
26 procedures and s. 216.212(1) and any other appropriate grant
27 review process.
28 (18) Develop an interagency uniform contracting and
29 billing and accounting system that shall be used by all
30 community transportation coordinators and their transportation
31 operators.
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 (19) Develop and maintain a transportation
2 disadvantaged manual.
3 (20) Design and develop transportation disadvantaged
4 training programs.
5 (21) Coordinate all transportation disadvantaged
6 programs with appropriate state, local, and federal agencies
7 and public transit agencies to ensure compatibility with
8 existing transportation systems.
9 (22) Designate the official planning agency in areas
10 outside of the purview of a metropolitan planning
11 organization.
12 (23) Develop need-based criteria that must be used by
13 all community transportation coordinators to prioritize the
14 delivery of nonsponsored transportation disadvantaged services
15 that are purchased with Transportation Disadvantaged Trust
16 Fund moneys.
17 (24) Establish a review procedure to compare the rates
18 proposed by alternate transportation operators with the rates
19 charged by a community transportation coordinator to determine
20 which rate is more cost-effective.
21 (25) Conduct a cost-comparison study of
22 single-coordinator, multicoordinator, and brokered community
23 transportation coordinator networks to ensure that the most
24 cost-effective and efficient method of providing
25 transportation to the transportation disadvantaged is
26 programmed for development.
27 (26) Develop a quality assurance and management review
28 program to monitor, based upon approved commission standards,
29 services contracted for by an agency, and those provided by a
30 community transportation operator pursuant to s. 427.0155.
31 Staff of the quality assurance and management review program
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 shall function independently and be directly responsible to
2 the executive director.
3 (27) Ensure that local community transportation
4 coordinators work cooperatively with local WAGES coalitions
5 established in chapter 414 to provide assistance in the
6 development of innovative transportation services for WAGES
7 participants.
8 Section 18. Section 427.0135, Florida Statutes, is
9 amended to read:
10 427.0135 Member departments; duties and
11 responsibilities.--Each member department, in carrying out the
12 policies and procedures of the commission, shall:
13 (1)(a) Use the coordinated transportation system for
14 provision of services to its clients, unless each department
15 meets the criteria outlined in rule to use an alternative
16 provider.
17 (b) Subject to the provisions of s. 409.908(18), the
18 Medicaid agency shall purchase transportation services through
19 the community coordinated transportation system unless a more
20 cost-effective method is determined by the agency for Medicaid
21 clients or unless otherwise limited or directed by the General
22 Appropriations Act.
23 (2) Provide the commission, by September 15 of each
24 year, an accounting of all funds spent as well as how many
25 trips were purchased with agency funds.
26 (3) Assist communities in developing coordinated
27 transportation systems designed to serve the transportation
28 disadvantaged. However, a member department may not serve as
29 the community transportation coordinator in any designated
30 service area.
31 (4) Assure that its rules, procedures, guidelines, and
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 directives are conducive to the coordination of transportation
2 funds and services for the transportation disadvantaged.
3 (5) Provide technical assistance, as needed, to
4 community transportation coordinators or transportation
5 operators or participating agencies.
6 Section 19. Subsection (2) of section 427.015, Florida
7 Statutes, is amended to read:
8 427.015 Function of the metropolitan planning
9 organization or designated official planning agency in
10 coordinating transportation for the transportation
11 disadvantaged.--
12 (2) Each metropolitan planning organization or
13 designated official planning agency shall recommend to the
14 commission a single community transportation coordinator.
15 However, a member department may not serve as the community
16 transportation coordinator in any designated service area. The
17 coordinator may provide all or a portion of needed
18 transportation services for the transportation disadvantaged
19 but shall be responsible for the provision of those
20 coordinated services. Based on approved commission evaluation
21 criteria, the coordinator shall subcontract or broker those
22 services that are more cost-effectively and efficiently
23 provided by subcontracting or brokering. The performance of
24 the coordinator shall be evaluated based on the commission's
25 approved evaluation criteria by the coordinating board at
26 least annually. A copy of the evaluation shall be submitted to
27 the metropolitan planning organization or the designated
28 official planning agency, and the commission. The
29 recommendation or termination of any community transportation
30 coordinator shall be subject to approval by the commission.
31
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 31, through page 2, line 3, delete
4 those lines
5
6 insert:
7 projects; amending s. 20.23, F.S.; authorizing
8 the Florida Department of Transportation to
9 adopt rules for the delegation of authority
10 beyond the assistant secretaries; amending s.
11 334.187, F.S.; authorizing the Florida
12 Department of Transportation to adopt rules
13 relating to the use of prepaid escrow accounts;
14 amending s. 334.044, F.S.; authorizing the
15 department to purchase promotional items for
16 use in certain public awareness campaigns;
17 authorizing the Florida Department of
18 Transportation to adopt rules relating to
19 approval of aggregate and other material
20 sources; amending s. 337.18, F.S.; authorizing
21 the Florida Department of Transportation to
22 adopt rules related to surety bonds; amending
23 s. 338.155, F.S.; authorizing the Florida
24 Department of Transportation to adopt rules
25 relating to guaranteed toll accounts; amending
26 s. 339.09, F.S.; authorizing the Florida
27 Department of Transportation to adopt rules
28 related to the expenditure of transportation
29 revenues; amending s. 427.013, F.S.;
30 authorizing the Commission for the
31 Transportation Disadvantaged to adopt rules
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SENATE AMENDMENT
Bill No. CS for CS for SB 1368
Amendment No.
1 related to developing operational standards;
2 amending s. 427.0135, F.S.; granting authority
3 for rules adopted by the Commission for the
4 Transportation Disadvantaged related to member
5 departments; amending s. 427.015, F.S.;
6 granting authority for rules adopted by the
7 Commission for the Transportation Disadvantaged
8 related to community transportation
9 coordinators; amending s. 335.02, F.S.;
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