House Bill 4035

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    Florida House of Representatives - 2000                HB 4035

        By the Committee on Rules & Calendar and Representative
    Bradley





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; amending s.

  7         20.23, F.S.; deleting an obsolete deadline for

  8         implementation of certain internal management

  9         provisions by the Assistant Secretary for

10         Finance and Administration of the Department of

11         Transportation; repealing s. 74.121, F.S.,

12         relating to the effective date and

13         applicability of ch. 65-369, Laws of Florida,

14         relating to eminent domain proceedings;

15         repealing s. 315.14, F.S., relating to the

16         public purposes of the 1959 Port Facilities

17         Financing Law; repealing s. 316.540, F.S.,

18         relating to weight and size requirements for

19         certain pre-1949 vehicles; amending s. 316.550,

20         F.S.; deleting a cross reference, to conform;

21         repealing s. 321.05(6)(b), F.S., relating to

22         the expiration of authority for the Florida

23         Highway Patrol to adopt safety rules; repealing

24         s. 331.352, F.S., relating to applicability

25         limitations on powers of the Spaceport Florida

26         Authority; repealing s. 332.04, F.S., relating

27         to validation of acquisition of property for

28         airports; repealing s. 332.10, F.S., relating

29         to airports on water bottoms; repealing s.

30         332.115(4), F.S., relating to plans for the

31         Brevard-Orange corridor with respect to rail

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  1         transportation of passengers and freight;

  2         repealing s. 335.03, F.S., relating to

  3         recommendations to the Federal Government for

  4         interstate highway routes; repealing s. 336.11,

  5         F.S., relating to ratification of county

  6         actions to close, vacate, and abandon roads;

  7         repealing s. 339.081(2), F.S., relating to the

  8         Working Capital Trust Fund of the Department of

  9         Transportation; amending s. 339.135, F.S.;

10         deleting an obsolete provision relating to

11         identification and funding of advanced

12         right-of-way acquisition projects in the

13         tentative work program; repealing s. 344.01,

14         F.S., relating to a declaration of benefit to

15         state of certain roads, highways, and bridges

16         built prior to June 21, 1929; repealing s.

17         344.08, F.S., relating to obligations of

18         counties and special road and bridge districts

19         with respect to bonds outstanding on June 21,

20         1929, which were issued for construction of

21         roads and bridges; repealing s. 479.27(4),

22         F.S., relating to a report on implementation of

23         the highway beautification and tourism

24         promotion pilot project; providing an effective

25         date.

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

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29         Section 1.  Paragraph (e) of subsection (3) of section

30  20.23, Florida Statutes, is amended to read:

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    Florida House of Representatives - 2000                HB 4035

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  1         20.23  Department of Transportation.--There is created

  2  a Department of Transportation which shall be a decentralized

  3  agency.

  4         (3)

  5         (e)  The Assistant Secretary for Finance and

  6  Administration must possess a broad knowledge of the

  7  administrative, financial, and technical aspects of a complete

  8  cost-accounting system, budget preparation and management, and

  9  management information systems. The Assistant Secretary for

10  Finance and Administration must be a proven, effective manager

11  with specialized skills in financial planning and management.

12  The Assistant Secretary for Finance and Administration shall

13  ensure that financial information is processed in a timely,

14  accurate, and complete manner.  These responsibilities shall

15  include, but are not limited to, implementing the following by

16  December 1, 1990:

17         1.  The preparation of detailed documentation of the

18  internal controls, including general and application controls,

19  the department relies on for accurate and complete financial

20  information.

21         2.  The monthly reconciliation of the department's

22  accounting, planning and budgeting, cash forecasting, 5-year

23  work program, and federal project accounting systems.

24         3.  The development of a long-range information systems

25  plan for the department which addresses the computing and

26  information requirements of the districts and central office.

27  Financial, personnel, and technical resources must all be

28  identified and quantified, as appropriate.

29         Section 2.  Section 74.121, Florida Statutes, is

30  repealed.

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  1         Section 3.  Section 315.14, Florida Statutes, is

  2  repealed.

  3         Section 4.  Section 316.540, Florida Statutes, is

  4  repealed.

  5         Section 5.  Paragraph (d) of subsection (9) of section

  6  316.550, Florida Statutes, is amended to read:

  7         316.550  Operations not in conformity with law; special

  8  permits.--

  9         (9)  Whenever any motor vehicle, or the combination of

10  a wrecker as defined in s. 320.01(40) and a towed motor

11  vehicle, exceeds any weight or dimensional criteria or special

12  operational or safety stipulation contained in a special

13  permit issued under the provisions of this section, the

14  penalty assessed to the owner or operator shall be as follows:

15         (d)  For violation of any special condition that has

16  been prescribed in the rules of the Department of

17  Transportation and declared on the permit, the vehicle shall

18  be determined to be out of conformance with the permit and the

19  permit shall be declared null and void for the vehicle, and

20  weight and dimensional limits for the vehicle shall be as

21  established in s. 316.515, or s. 316.535, or s. 316.540,

22  whichever is applicable, and:

23         1.  For weight violations, a penalty as provided in s.

24  316.545 shall be assessed for those weights which exceed the

25  limits thus established for the vehicle; and

26         2.  For dimensional, operational, or safety violations,

27  a penalty as established in paragraph (c) or s. 316.516,

28  whichever is applicable, shall be assessed for each

29  nonconforming dimensional, operational, or safety violation

30  and the penalties for multiple violations shall be cumulative

31  for the vehicle.

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    Florida House of Representatives - 2000                HB 4035

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  1         Section 6.  Paragraph (b) of subsection (6) of section

  2  321.05, Florida Statutes, is repealed.

  3         Section 7.  Section 331.352, Florida Statutes, is

  4  repealed.

  5         Section 8.  Section 332.04, Florida Statutes, is

  6  repealed.

  7         Section 9.  Section 332.10, Florida Statutes, is

  8  repealed.

  9         Section 10.  Subsection (4) of section 332.115, Florida

10  Statutes, is repealed.

11         Section 11.  Section 335.03, Florida Statutes, is

12  repealed.

13         Section 12.  Section 336.11, Florida Statutes, is

14  repealed.

15         Section 13.  Subsection (2) of section 339.081, Florida

16  Statutes, is repealed.

17         Section 14.  Paragraph (b) of subsection (4) of section

18  339.135, Florida Statutes, is amended to read:

19         339.135  Work program; legislative budget request;

20  definitions; preparation, adoption, execution, and

21  amendment.--

22         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

23         (b)1.  A tentative work program, including the ensuing

24  fiscal year and the successive 4 fiscal years, shall be

25  prepared for the State Transportation Trust Fund and other

26  funds managed by the department, unless otherwise provided by

27  law.  The tentative work program shall be based on the

28  district work programs and shall set forth all projects by

29  phase to be undertaken during the ensuing fiscal year and

30  planned for the successive 4 fiscal years. The total amount of

31  the liabilities accruing in each fiscal year of the tentative

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  1  work program may not exceed the revenues available for

  2  expenditure during the respective fiscal year based on the

  3  cash forecast for that respective fiscal year.

  4         2.  The tentative work program shall be developed in

  5  accordance with the Florida Transportation Plan required in s.

  6  339.155 and must comply with the program funding levels

  7  contained in the program and resource plan.

  8         3.  The tentative work program must specifically

  9  identify advanced right-of-way acquisition projects and must

10  separately allocate funds for advanced right-of-way

11  acquisition phases in each fiscal year, as provided in s.

12  337.276.  Each right-of-way phase that is to be funded through

13  these programs shall be specifically identified in the work

14  program, and the year, if known, in which construction

15  utilizing the right-of-way is projected to begin shall be

16  identified.

17         3.4.  The department may include in the tentative work

18  program proposed changes to the programs contained in the

19  previous work program adopted pursuant to subsection (5);

20  however, the department shall minimize changes and adjustments

21  that affect the scheduling of project phases in the 4 common

22  fiscal years contained in the previous adopted work program

23  and the tentative work program.  The department, in the

24  development of the tentative work program, shall advance by 1

25  fiscal year all projects included in the second year of the

26  previous year's adopted work program, unless the secretary

27  specifically determines that it is necessary, for specific

28  reasons, to reschedule or delete one or more projects from

29  that year.  Such changes and adjustments shall be clearly

30  identified, and the effect on the 4 common fiscal years

31  contained in the previous adopted work program and the

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    Florida House of Representatives - 2000                HB 4035

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  1  tentative work program shall be shown.  It is the intent of

  2  the Legislature that the first 3 years of the adopted work

  3  program stand as the commitment of the state to undertake

  4  transportation projects that local governments may rely on for

  5  planning purposes and in the development and amendment of the

  6  capital improvements elements of their local government

  7  comprehensive plans.

  8         4.5.  The tentative work program must include a

  9  balanced 36-month forecast of cash and expenditures and a

10  5-year finance plan supporting the tentative work program.

11         Section 15.  Section 344.01, Florida Statutes, is

12  repealed.

13         Section 16.  Section 344.08, Florida Statutes, is

14  repealed.

15         Section 17.  Subsection (4) of section 479.27, Florida

16  Statutes, is repealed.

17         Section 18.  This act shall take effect upon becoming a

18  law.

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    Florida House of Representatives - 2000                HB 4035

    175-167A-00






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  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to a deadline for
      implementation of certain internal management provisions
  6    by the Assistant Secretary for Finance and Administration
      of the Department of Transportation; the effective date
  7    and applicability of ch. 65-369, Laws of Florida,
      relating to eminent domain proceedings; the public
  8    purposes of the 1959 Port Facilities Financing Law;
      weight and size requirements for certain pre-1949
  9    vehicles; the expiration of authority for the Florida
      Highway Patrol to adopt safety rules; applicability
10    limitations on powers of the Spaceport Florida Authority;
      validation of acquisition of property for airports;
11    airports on water bottoms; plans for the Brevard-Orange
      corridor with respect to rail transportation of
12    passengers and freight; recommendations to the Federal
      Government for interstate highway routes; ratification of
13    county actions to close, vacate, and abandon roads; the
      Working Capital Trust Fund of the Department of
14    Transportation; identification and funding of advanced
      right-of-way acquisition projects in the tentative work
15    program; a declaration of benefit to state of certain
      roads, highways, and bridges built prior to June 21,
16    1929; obligations of counties and special road and bridge
      districts with respect to bonds outstanding on June 21,
17    1929, which were issued for construction of roads and
      bridges; and a report on implementation of the highway
18    beautification and tourism promotion pilot project.

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