CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) K. Smith offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Paragraph (c) of subsection (1), paragraph

18  (b) of subsection (2), and paragraphs (c) and (d) of

19  subsection (3) of section 20.23, Florida Statutes, are amended

20  to read:

21         20.23  Department of Transportation.--There is created

22  a Department of Transportation which shall be a decentralized

23  agency.

24         (1)

25         (c)  The secretary shall appoint three assistant

26  secretaries who shall be directly responsible to the secretary

27  and who shall perform such duties as are specified in this

28  section and such other duties as are assigned by the

29  secretary.  The secretary may delegate to any assistant

30  secretary the authority to act in the absence of the

31  secretary. The department has the authority to adopt rules

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  necessary for the delegation of authority beyond the assistant

  2  secretaries. The assistant secretaries shall serve at the

  3  pleasure of the secretary.

  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.

                                  2

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  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         7.  Recommend to the Governor and the Legislature

  7  improvements to the department's organization in order to

  8  streamline and optimize the efficiency of the department. In

  9  reviewing the department's organization, the commission shall

10  determine if the current district organizational structure is

11  responsive to Florida's changing economic and demographic

12  development patterns.  The initial report by the commission

13  must be delivered to the Governor and Legislature by December

14  15, 2000, and each year thereafter, as appropriate. The

15  commission may retain such experts as are reasonably necessary

16  to effectuate this subparagraph, and the department shall pay

17  the expenses of such experts.

18         (3)

19         (c)  The secretary shall appoint an Assistant Secretary

20  for Transportation Policy, an Assistant Secretary for Finance

21  and Administration, and an Assistant Secretary for District

22  Operations, each of whom shall serve at the pleasure of the

23  secretary.  The positions are responsible for developing,

24  monitoring, and enforcing policy and managing major technical

25  programs.  The responsibilities and duties of these positions

26  include, but are not limited to, the following functional

27  areas:

28         1.  Assistant Secretary for Transportation Policy.--

29         a.  Development of the Florida Transportation Plan and

30  other policy planning;

31         b.  Development of statewide modal systems plans,

                                  3

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  including public transportation systems;

  2         c.  Design of transportation facilities;

  3         d.  Construction of transportation facilities; and

  4         e.  Acquisition and management of transportation

  5  rights-of-way; and.

  6         f.  Administration of motor carrier compliance and

  7  safety.

  8         2.  Assistant Secretary for District Operations.--

  9         a.  Administration of the eight districts; and

10         b.  Implementation of the decentralization of the

11  department.; and

12         c.  Administration of motor carrier compliance and

13  safety.

14         3.  Assistant Secretary for Finance and

15  Administration.--

16         a.  Financial planning and management;

17         b.  Information systems;

18         c.  Accounting systems;

19         d.  Administrative functions; and

20         e.  Administration of toll operations.

21         (d)1.  Policy, program, or operations offices shall be

22  established within the central office for the purposes of:

23         a.  Developing policy and procedures and monitoring

24  performance to ensure compliance with these policies and

25  procedures;

26         b.  Performing statewide activities which it is more

27  cost-effective to perform in a central location;

28         c.  Assessing and ensuring the accuracy of information

29  within the department's financial management information

30  systems; and

31         d.  Performing other activities of a statewide nature.

                                  4

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         2.  The following offices are established and shall be

  2  headed by a manager, each of whom shall be appointed by and

  3  serve at the pleasure of the secretary. The positions shall be

  4  classified at a level equal to a division director:

  5         a.  The Office of Administration;

  6         b.  The Office of Policy Planning;

  7         c.  The Office of Design;

  8         d.  The Office of Highway Operations;

  9         e.  The Office of Right-of-Way;

10         f.  The Office of Toll Operations; and

11         g.  The Office of Information Systems; and.

12         h.  The Office of Motor Carrier Compliance.

13         3.  Other offices may be established in accordance with

14  s. 20.04(7). The heads of such offices are exempt from part II

15  of chapter 110. No office or organization shall be created at

16  a level equal to or higher than a division without specific

17  legislative authority.

18         4.  During the construction of a major transportation

19  improvement project or as determined by the district

20  secretary, the department may provide assistance to a business

21  entity significantly impacted by the project if the entity is

22  a for-profit entity that has been in business for 3 years

23  prior to the beginning of construction and has direct or

24  shared access to the transportation project being constructed.

25  The assistance program shall be in the form of additional

26  guarantees to assist the impacted business entity in receiving

27  loans pursuant to Title 13 C.F.R. part 120. However, in no

28  instance shall the combined guarantees be greater than 90

29  percent of the loan. The department shall adopt rules to

30  implement this subparagraph.

31         Section 2.  Subsection (8) is added to section

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  206.8745, Florida Statutes, to read:

  2         206.8745  Credits and refund claims.--

  3         (8)  Undyed, tax-paid diesel fuel purchased in this

  4  state and consumed by the engine of a qualified motor coach

  5  during idle time for the purpose of running climate control

  6  systems and maintaining electrical systems for the motor coach

  7  is subject to a refund. As used in this subsection, the term

  8  "qualified motor coach" means a privately owned vehicle that

  9  is designed to carry nine or more passengers, that has a gross

10  vehicle weight of at least 33,000 pounds, that is used

11  exclusively in the commercial application of transporting

12  passengers for compensation, and that has the capacity to

13  measure diesel fuel consumed in Florida during idling,

14  separate from diesel fuel consumed to propel the vehicle in

15  this state, by way of an on-board computer.

16         (a)  The purchaser may make one claim for refund per

17  calendar year.

18         (b)  The annual refund claim must be submitted before

19  April 1 of the year following the year in which the tax was

20  paid and after December 31, 2000.

21         (c)  The purchaser must submit original or copies of

22  original purchase invoices showing the taxes paid, or, in lieu

23  of original invoices, a purchaser may submit a schedule of

24  purchases containing the information required by s.

25  206.41(5)(b)1.

26         (d)  The purchaser must remit, as an offset to the

27  refund, sales tax due under chapter 212 based on the purchase

28  price of the fuel, net of the state tax refunded.

29

30  The Department of Revenue may adopt rules to administer this

31  subsection.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         Section 3.  Paragraph (b) of subsection (3) and

  2  subsection (6) of section 311.07, Florida Statutes, is amended

  3  to read:

  4         311.07  Florida seaport transportation and economic

  5  development funding.--

  6         (3)

  7         (b)  Projects eligible for funding by grants under the

  8  program are limited to the following port facilities or port

  9  transportation projects:

10         1.  Transportation facilities within the jurisdiction

11  of the port.

12         2.  The dredging or deepening of channels, turning

13  basins, or harbors.

14         3.  The construction or rehabilitation of wharves,

15  docks, structures, jetties, piers, storage facilities, cruise

16  terminals, automated people mover systems, or any facilities

17  necessary or useful in connection with any of the foregoing.

18         4.  The acquisition of container cranes or other

19  mechanized equipment used in the movement of cargo or

20  passengers in international commerce.

21         5.  The acquisition of land to be used for port

22  purposes.

23         6.  The acquisition, improvement, enlargement, or

24  extension of existing port facilities.

25         7.  Environmental protection projects which are

26  necessary because of requirements imposed by a state agency as

27  a condition of a permit or other form of state approval; which

28  are necessary for environmental mitigation required as a

29  condition of a state, federal, or local environmental permit;

30  which are necessary for the acquisition of spoil disposal

31  sites and improvements to existing and future spoil sites; or

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  which result from the funding of eligible projects listed

  2  herein.

  3         8.  Transportation facilities as defined in s.

  4  334.03(31) which are not otherwise part of the Department of

  5  Transportation's adopted work program.

  6         9.  Seaport intermodal access projects identified in

  7  the 5-year Florida Seaport Mission Plan as provided in s.

  8  311.09(3).

  9         10.  Construction or rehabilitation of port facilities

10  as defined in s. 315.02, excluding any park or recreational

11  facilities, in ports listed in s. 311.09(1) with operating

12  revenues of $5 million or less, provided that such projects

13  create economic development opportunities, capital

14  improvements, and positive financial returns to such ports.

15         (6)  The Department of Transportation shall subject any

16  project that receives funds pursuant to this section and s.

17  320.20 to a final audit.  The department may adopt rules and

18  perform such other acts as are necessary or convenient to

19  ensure that the final audits are conducted and that any

20  deficiency or questioned costs noted by the audit are

21  resolved.

22         Section 4.  Subsections (1), (4), (11), and (12) of

23  section 311.09, Florida Statutes, are amended to read:

24         311.09  Florida Seaport Transportation and Economic

25  Development Council.--

26         (1)  The Florida Seaport Transportation and Economic

27  Development Council is created within the Department of

28  Transportation.  The council consists of the following 17

29  members: the port director, or the port director's designee,

30  of each of the ports of Jacksonville, Port Canaveral, Fort

31  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

  2  West, and Fernandina; the secretary of the Department of

  3  Transportation or his or her designee as an ex officio

  4  nonvoting member; the director of the Office of Tourism,

  5  Trade, and Economic Development or his or her designee as an

  6  ex officio nonvoting member; and the secretary of the

  7  Department of Community Affairs or his or her designee as an

  8  ex officio nonvoting member.

  9         (4)  The council shall adopt rules for evaluating

10  projects which may be funded under ss. s. 311.07 and 320.20.

11  The rules shall provide criteria for evaluating the economic

12  benefit of the project, measured by the potential for the

13  proposed project to maintain or increase cargo flow, cruise

14  passenger movement, international commerce, port revenues, and

15  the number of jobs for the port's local community.

16         (11)  The council shall meet at the call of its

17  chairperson, at the request of a majority of its membership,

18  or at such times as may be prescribed in its bylaws.  However,

19  the council must meet at least semiannually.  A majority of

20  voting members of the council constitutes a quorum for the

21  purpose of transacting the business of the council.  All

22  members of the council are voting members except for members

23  representing the Department of Transportation; the Department

24  of Community Affairs; and the Office of Tourism, Trade, and

25  Economic Development.  A vote of the majority of the voting

26  members present is sufficient for any action of the council,

27  except that a member representing the Department of

28  Transportation, the Department of Community Affairs, or the

29  Office of Tourism, Trade, and Economic Development may vote to

30  overrule any action of the council approving a project

31  pursuant to subsection (5). unless The bylaws of the council

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  may require a greater vote for a particular action.

  2         (12)  Members of the council shall serve without

  3  compensation but are entitled to receive reimbursement for per

  4  diem and travel expenses as provided in s. 112.061.  The

  5  council may elect to provide an administrative staff to

  6  provide services to the council on matters relating to the

  7  Florida Seaport Transportation and Economic Development

  8  Program and the council.  The cost for such administrative

  9  services shall be paid by all ports that receive funding from

10  the Florida Seaport Transportation and Economic Development

11  Program, based upon a pro rata formula measured by each

12  recipient's share of the funds as compared to the total funds

13  disbursed to all recipients during the year.  The share of

14  costs for administrative services shall be paid in its total

15  amount by the recipient port upon execution by the port and

16  the Department of Transportation of a joint participation

17  agreement for each council-approved project, and such payment

18  is in addition to the matching funds required to be paid by

19  the recipient port. Except as otherwise exempted by law, all

20  moneys derived from the Florida Seaport Transportation and

21  Economic Development Program shall be expended in accordance

22  with the provisions of s. 287.057. Seaports subject to

23  competitive negotiation requirements of a local governing body

24  shall be exempt from this requirement.

25         Section 5.  Subsections (3) and (4) of section 320.20,

26  Florida Statutes, are amended to read:

27         320.20  Disposition of license tax moneys.--The revenue

28  derived from the registration of motor vehicles, including any

29  delinquent fees and excluding those revenues collected and

30  distributed under the provisions of s. 320.081, must be

31  distributed monthly, as collected, as follows:

                                  10

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (3)  Notwithstanding any other provision of law except

  2  subsections (1) and (2), on July 1, 1996, and annually

  3  thereafter, $15 million shall be deposited in the State

  4  Transportation Trust Fund solely for the purposes of funding

  5  the Florida Seaport Transportation and Economic Development

  6  Program as provided for in chapter 311.  Such revenues shall

  7  be distributed on a 50-50 matching basis to any port listed in

  8  s. 311.09(1) to be used for funding projects as described in

  9  s. 311.07(3)(b). Such revenues may be assigned, pledged, or

10  set aside as a trust for the payment of principal or interest

11  on bonds, tax anticipation certificates, or any other form of

12  indebtedness issued by an individual port or appropriate local

13  government having jurisdiction thereof, or collectively by

14  interlocal agreement among any of the ports, or used to

15  purchase credit support to permit such borrowings. However,

16  such debt shall not constitute a general obligation of the

17  State of Florida. The state does hereby covenant with holders

18  of such revenue bonds or other instruments of indebtedness

19  issued hereunder that it will not repeal or impair or amend in

20  any manner which will materially and adversely affect the

21  rights of such holders so long as bonds authorized by this

22  section are outstanding.  Any revenues which are not pledged

23  to the repayment of bonds as authorized by this section may be

24  utilized for purposes authorized under the Florida Seaport

25  Transportation and Economic Development Program.  This revenue

26  source is in addition to any amounts provided for and

27  appropriated in accordance with s. 311.07.  The Florida

28  Seaport Transportation and Economic Development Council shall

29  approve distribution of funds to ports for projects which have

30  been approved pursuant to s. 311.09(5)-(9).  The council and

31  the Department of Transportation are authorized to perform

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  such acts as are required to facilitate and implement the

  2  provisions of this subsection.  To better enable the ports to

  3  cooperate to their mutual advantage, the governing body of

  4  each port may exercise powers provided to municipalities or

  5  counties in s. 163.01(7)(d) subject to the provisions of

  6  chapter 311 and special acts, if any, pertaining to a port.

  7  The use of funds provided pursuant to this subsection are

  8  limited to eligible projects listed in this subsection.

  9  Income derived from a project completed with the use of

10  program funds, beyond operating costs and debt service, shall

11  be restricted to further port capital improvements consistent

12  with maritime purposes and for no other purpose.  Use of such

13  income for nonmaritime purposes is prohibited. The provisions

14  of s. 311.07(4) do not apply to any funds received pursuant to

15  this subsection. The revenues available under this subsection

16  shall not be pledged to the payment of any bonds other than

17  the Florida Ports Financing Commission Series 1996 and Series

18  1999 Bonds currently outstanding; provided, however, such

19  revenues may be pledged to secure payment of refunding bonds

20  to refinance the Florida Ports Financing Commission Series

21  1996 and Series 1999 Bonds. No refunding bonds secured by

22  revenues available under this subsection may be issued with a

23  final maturity later than the final maturity of the Florida

24  Ports Financing Commission Series 1996 and Series 1999 Bonds

25  or which provide for higher debt service in any year than is

26  currently payable on such bonds. Any revenue bonds or other

27  indebtedness issued after July 1, 2000, other than refunding

28  bonds shall be issued by the Division of Bond Finance at the

29  request of the Department of Transportation pursuant to the

30  State Bond Act.

31         (4)  Notwithstanding any other provision of law except

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  subsections (1), (2), and (3), on July 1, 1999, and annually

  2  thereafter, $10 million shall be deposited in the State

  3  Transportation Trust Fund solely for the purposes of funding

  4  the Florida Seaport Transportation and Economic Development

  5  Program as provided in chapter 311 and for funding seaport

  6  intermodal access projects of statewide significance as

  7  provided in s. 341.053. Such revenues shall be distributed to

  8  any port listed in s. 311.09(1), to be used for funding

  9  projects as follows:

10         (a)  For any seaport intermodal access projects that

11  are identified in the 1997-1998 Tentative Work Program of the

12  Department of Transportation, up to the amounts needed to

13  offset the funding requirements of this section.; and

14         (b)  For seaport intermodal access projects as

15  described in s. 341.053(5) that are identified in the 5-year

16  Florida Seaport Mission Plan as provided in s. 311.09(3).

17  Funding for such projects shall be on a matching basis as

18  mutually determined by the Florida Seaport Transportation and

19  Economic Development Council and the Department of

20  Transportation, provided a minimum of 25 percent of total

21  project funds shall come from any port funds, local funds,

22  private funds, or specifically earmarked federal funds.; or

23         (c)  On a 50-50 matching basis for projects as

24  described in s. 311.07(3)(b).

25         (d)  For seaport intermodal access projects that

26  involve the dredging or deepening of channels, turning basins,

27  or harbors; or the rehabilitation of wharves, docks, or

28  similar structures. Funding for such projects shall require a

29  25 percent match of the funds received pursuant to this

30  subsection. Matching funds shall come from any port funds,

31  federal funds, local funds, or private funds.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1

  2  Such revenues may be assigned, pledged, or set aside as a

  3  trust for the payment of principal or interest on bonds, tax

  4  anticipation certificates, or any other form of indebtedness

  5  issued by an individual port or appropriate local government

  6  having jurisdiction thereof, or collectively by interlocal

  7  agreement among any of the ports, or used to purchase credit

  8  support to permit such borrowings. However, such debt shall

  9  not constitute a general obligation of the state. This state

10  does hereby covenant with holders of such revenue bonds or

11  other instruments of indebtedness issued hereunder that it

12  will not repeal or impair or amend this subsection in any

13  manner which will materially and adversely affect the rights

14  of holders so long as bonds authorized by this subsection are

15  outstanding. Any revenues that are not pledged to the

16  repayment of bonds as authorized by this section may be

17  utilized for purposes authorized under the Florida Seaport

18  Transportation and Economic Development Program. This revenue

19  source is in addition to any amounts provided for and

20  appropriated in accordance with s. 311.07 and subsection (3).

21  The Florida Seaport Transportation and Economic Development

22  Council shall approve distribution of funds to ports for

23  projects that have been approved pursuant to s. 311.09(5)-(9),

24  or for seaport intermodal access projects identified in the

25  5-year Florida Seaport Mission Plan as provided in s.

26  311.09(3) and mutually agreed upon by the FSTED Council and

27  the Department of Transportation.  All contracts for actual

28  construction of projects authorized by this subsection must

29  include a provision encouraging employment of WAGES

30  participants.  The goal for employment of WAGES participants

31  is 25 percent of all new employees employed specifically for

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  the project, unless the Department of Transportation and the

  2  Florida Seaport Transportation and Economic Development

  3  Council can demonstrate to the satisfaction of the Secretary

  4  of Labor and Employment Security that such a requirement would

  5  severely hamper the successful completion of the project. In

  6  such an instance, the Secretary of Labor and Employment

  7  Security shall establish an appropriate percentage of

  8  employees that must be WAGES participants. The council and the

  9  Department of Transportation are authorized to perform such

10  acts as are required to facilitate and implement the

11  provisions of this subsection. To better enable the ports to

12  cooperate to their mutual advantage, the governing body of

13  each port may exercise powers provided to municipalities or

14  counties in s. 163.01(7)(d) subject to the provisions of

15  chapter 311 and special acts, if any, pertaining to a port.

16  The use of funds provided pursuant to this subsection is

17  limited to eligible projects listed in this subsection. The

18  provisions of s. 311.07(4) do not apply to any funds received

19  pursuant to this subsection. The revenues available under this

20  subsection shall not be pledged to the payment of any bonds

21  other than the Florida Ports Financing Commission Series 1996

22  and Series 1999 Bonds currently outstanding; provided,

23  however, such revenues may be pledged to secure payment of

24  refunding bonds to refinance the Florida Ports Financing

25  Commission Series 1996 and Series 1999 Bonds. No refunding

26  bonds secured by revenues available under this subsection may

27  be issued with a final maturity later than the final maturity

28  of the Florida Ports Financing Commission Series 1996 and

29  Series 1999 Bonds or which provide for higher debt service in

30  any year than is currently payable on such bonds. Any revenue

31  bonds or other indebtedness issued after July 1, 2000, other

                                  15

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  than refunding bonds shall be issued by the Division of Bond

  2  Finance at the request of the Department of Transportation

  3  pursuant to the State Bond Act.

  4         Section 6.  Subsection (5) of section 334.044, Florida

  5  Statutes, is amended, and paragraph (c) is added to subsection

  6  (10) of said section, to read:

  7         334.044  Department; powers and duties.--The department

  8  shall have the following general powers and duties:

  9         (5)  To purchase, lease, or otherwise acquire property

10  and, materials, including the purchase of promotional items as

11  part of public information and education campaigns for the

12  promotion of traffic and train safety awareness, alternatives

13  to single-occupant vehicle travel, and commercial motor

14  vehicle safety; to purchase, lease, or otherwise acquire

15  equipment, and supplies;, and to sell, exchange, or otherwise

16  dispose of any property that which is no longer needed by the

17  department.

18         (10)

19         (c)  The department is authorized to adopt rules

20  relating to approval of aggregate and other material sources.

21         Section 7.  Subsection (4) is added to section 334.187,

22  Florida Statutes, to read:

23         334.187  Guarantee of obligations to the department.--

24         (4)  The department is authorized to adopt rules

25  relating to the use of prepaid escrow accounts for purchases

26  from the department.

27         Section 8.  Subsection (3) of section 335.02, Florida

28  Statutes, is amended to read:

29         335.02  Authority to designate transportation

30  facilities and rights-of-way and establish lanes; procedure

31  for redesignation and relocation.--

                                  16

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (3)  The department may establish standards for lanes

  2  on the State Highway System, including the Florida Intrastate

  3  Highway System established pursuant to s. 338.001. In

  4  determining the number of lanes for any regional corridor or

  5  section of highway on the State Highway System to be funded by

  6  the department with state or federal funds, the department

  7  shall evaluate all alternatives and seek to achieve the

  8  highest degree of efficient mobility for corridor users. In

  9  conducting the analysis, the department must give

10  consideration to the following factors consistent with sound

11  engineering principles:

12         (a)  Overall economic importance of the corridor as a

13  trade or tourism corridor.

14         (b)  Safety of corridor users, including the importance

15  of the corridor for evacuation purposes.

16         (c)  Cost-effectiveness of alternative methods of

17  increasing the mobility of corridor users.

18         (d)  Current and projected traffic volumes on the

19  corridor.

20         (e)  Multimodal alternatives.

21         (f)  Use of intelligent transportation technology in

22  increasing the efficiency of the corridor.

23         (g)  Compliance with state and federal policies related

24  to clean air, environmental impacts, growth management,

25  livable communities, and energy conservation.

26         (h)  Addition of special use lanes, such as exclusive

27  truck lanes, high-occupancy-vehicle toll lanes, and exclusive

28  interregional traffic lanes.

29         (i)  Availability and cost of rights-of-way, including

30  associated costs, and the most effective use of existing

31  rights-of-way.

                                  17

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (j)  Regional economic and transportation objectives,

  2  where articulated.

  3         (k)  The future land use plan element of local

  4  government comprehensive plans, as appropriate, including

  5  designated urban infill and redevelopment areas.

  6         (l)  The traffic circulation element, if applicable, of

  7  local government comprehensive plans, including designated

  8  transportation corridors and public transportation corridors.

  9         (m)  The approved metropolitan planning organization's

10  long-range transportation plan, as appropriate.

11

12  This subsection does not preclude a number of lanes in excess

13  of 10 lanes, but an additional factor that must be considered

14  before the department may determine that the number of lanes

15  should be more than 10 is the capacity to accommodate in the

16  future alternative forms of transportation within existing or

17  potential rights-of-way. The standards may include the maximum

18  number of lanes to be provided by state funds and access

19  requirements for such facilities.

20         Section 9.  Paragraph (b) of subsection (1) of section

21  336.025, Florida Statutes, is amended to read:

22         336.025  County transportation system; levy of local

23  option fuel tax on motor fuel and diesel fuel.--

24         (1)

25         (b)  In addition to other taxes allowed by law, there

26  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

27  3-cent, 4-cent, or 5-cent local option fuel tax upon every

28  gallon of motor fuel sold in a county and taxed under the

29  provisions of part I of chapter 206.  The tax shall be levied

30  by an ordinance adopted by a majority plus one vote of the

31  membership of the governing body of the county or by

                                  18

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  referendum.

  2         1.  The tax shall be levied before July 1, to be

  3  effective January 1 of the following year.  However, levies of

  4  the tax which were in effect on July 1, 1996, and which expire

  5  on August 31 of any year may be reimposed effective September

  6  1 of the year of expiration.

  7         2.  The county may, prior to levy of the tax, establish

  8  by interlocal agreement with one or more municipalities

  9  located therein, representing a majority of the population of

10  the incorporated area within the county, a distribution

11  formula for dividing the entire proceeds of the tax among

12  county government and all eligible municipalities within the

13  county. If no interlocal agreement is adopted before the

14  effective date of the tax, tax revenues shall be distributed

15  pursuant to the provisions of subsection (4).  If no

16  interlocal agreement exists, a new interlocal agreement may be

17  established prior to June 1 of any year pursuant to this

18  subparagraph. However, any interlocal agreement agreed to

19  under this subparagraph after the initial levy of the tax or

20  change in the tax rate authorized in this section shall under

21  no circumstances materially or adversely affect the rights of

22  holders of outstanding bonds which are backed by taxes

23  authorized by this paragraph, and the amounts distributed to

24  the county government and each municipality shall not be

25  reduced below the amount necessary for the payment of

26  principal and interest and reserves for principal and interest

27  as required under the covenants of any bond resolution

28  outstanding on the date of establishment of the new interlocal

29  agreement.

30         3.  County and municipal governments shall utilize

31  moneys received pursuant to this paragraph only for

                                  19

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  transportation expenditures needed to meet the requirements of

  2  the capital improvements element of an adopted comprehensive

  3  plan. For purposes of this paragraph, expenditures for the

  4  construction of new roads, or the reconstruction or

  5  resurfacing of existing paved roads, or the paving of existing

  6  graded roads when undertaken in part to relieve or mitigate

  7  existing or potential adverse environmental impacts, shall be

  8  deemed to increase capacity and such projects shall be

  9  included in the capital improvements element of an adopted

10  comprehensive plan. Expenditures for purposes of this

11  paragraph shall not include routine maintenance of roads.

12         Section 10.  Section 337.025, Florida Statutes, is

13  amended to read:

14         337.025  Innovative highway projects; department to

15  establish program.--The department is authorized to establish

16  a program for highway projects demonstrating innovative

17  techniques of highway construction, maintenance, and finance

18  which have the intended effect of controlling time and cost

19  increases on construction projects.  Such techniques may

20  include, but are not limited to, state-of-the-art technology

21  for pavement, safety, and other aspects of highway

22  construction and maintenance; innovative bidding and financing

23  techniques; accelerated construction procedures; and those

24  techniques that have the potential to reduce project life

25  cycle costs.  To the maximum extent practical, the department

26  must use the existing process to award and administer

27  construction and maintenance contracts.  When specific

28  innovative techniques are to be used, the department is not

29  required to adhere to those provisions of law that would

30  prevent, preclude, or in any way prohibit the department from

31  using the innovative technique.  However, prior to using an

                                  20

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  innovative technique that is inconsistent with another

  2  provision of law, the department must document in writing the

  3  need for the exception and identify what benefits the

  4  traveling public and the affected community are anticipated to

  5  receive. The department may enter into no more than $120

  6  million in contracts annually for the purposes authorized by

  7  this section.

  8         Section 11.  Section 334.035, Florida Statutes, is

  9  amended to read:

10         334.035  Purpose of transportation code.--The purpose

11  of the Florida Transportation Code is to establish the

12  responsibilities of the state, the counties, and the

13  municipalities in the planning and development of the

14  transportation systems serving the people of the state and to

15  assure the development of an integrated, balanced statewide

16  transportation system. The prevailing principles to be

17  considered in planning and developing these transportation

18  systems are: preserving the existing transportation

19  infrastructure; enhancing Florida's economic competitiveness;

20  and improving travel choices to ensure mobility which enhances

21  economic development through promotion of international trade

22  and interstate and intrastate commerce. This code is necessary

23  for the protection of the public safety and general welfare

24  and for the preservation of all transportation facilities in

25  the state.  The chapters in the code shall be considered

26  components of the total code, and the provisions therein,

27  unless expressly limited in scope, shall apply to all

28  chapters.

29         Section 12.  Section 334.046, Florida Statutes, is

30  amended to read:

31         334.046  Department mission, goals, and objectives.--

                                  21

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (1)  The prevailing principles to be considered in

  2  planning and developing an integrated, balanced statewide

  3  transportation system are: preserving the existing

  4  transportation infrastructure; enhancing Florida's economic

  5  competitiveness; and improving travel choices to ensure

  6  mobility.

  7         (2)(1)  The mission of the Department of Transportation

  8  shall be to provide a safe, interconnected statewide

  9  transportation system for Florida's citizens and visitors that

10  ensures the mobility of people and goods freight, enhances

11  while enhancing economic prosperity, and preserves and

12  sustaining the quality of our environment and communities.

13         (3)(2)  The department shall document in the Florida

14  Transportation Plan, in accordance with s. 339.155 and based

15  upon the prevailing principles of preserving the existing

16  transportation infrastructure, enhancing Florida's economic

17  competitiveness, and improving travel choices to ensure

18  mobility, pursuant to s. 339.155 the goals and objectives that

19  which provide statewide policy guidance for accomplishing the

20  department's mission.

21         (4)(3)  At a minimum, the department's goals shall

22  address the following prevailing principles.:

23         (a)  Preservation.--Protecting the state's

24  transportation infrastructure investment. Preservation

25  includes:

26         1.  Ensuring that 80 percent of the pavement on the

27  State Highway System meets department standards;

28         2.  Ensuring that 90 percent of department-maintained

29  bridges meet department standards; and

30         3.  Ensuring that the department achieves 100 percent

31  of the acceptable maintenance standard on the state highway

                                  22

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  system.

  2         (b)  Economic Competitiveness.--Ensuring that the state

  3  has a clear understanding of the economic consequences of

  4  transportation investments, and how such investments affect

  5  the state's economic competitiveness. The department must

  6  develop a macroeconomic analysis of the linkages between

  7  transportation investment and economic performance, as well as

  8  a method to quantifiably measure the economic benefits of the

  9  district-work-program investments. Such an analysis must

10  analyze:

11         1.  The state's and district's economic performance

12  relative to the competition.

13         2.  The business environment as viewed from the

14  perspective of companies evaluating the state as a place in

15  which to do business.

16         3.  The state's capacity to sustain long-term growth.

17         (c)  Mobility--Ensuring a cost-effective, statewide,

18  interconnected transportation system.

19         (a)  Providing a safe transportation system for

20  residents, visitors, and commerce.

21         (b)  Preservation of the transportation system.

22         (c)  Providing an interconnected transportation system

23  to support Florida's economy.

24         (d)  Providing travel choices to support Florida's

25  communities.

26         Section 13.  Section 337.175, Florida Statutes, is

27  amended to read:

28         337.175  Retainage.--The department may shall provide

29  in its construction contracts for retaining a portion of the

30  amount due a contractor for work that the contractor has

31  completed, until completion and final acceptance of the

                                  23

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  project by the department. If the department allows However,

  2  contractors may shall be allowed to substitute securities as

  3  provided by s. 255.052, or to substitute certificates of

  4  deposit or irrevocable letters of credit approved by the

  5  department comptroller in lieu of retainage.

  6         Section 14.  Subsection (1) of section 337.18, Florida

  7  Statutes, is amended to read:

  8         337.18  Surety bonds; requirement with respect to

  9  contract award; defaults; damage assessments.--

10         (1)  A surety bond shall be required of the successful

11  bidder in an amount equal to the awarded contract price. For a

12  project for which the contract price is $150,000 or less, the

13  department may waive the requirement for all or a portion of a

14  surety bond if it determines the project is of a noncritical

15  nature and nonperformance will not endanger public health,

16  safety, or property. The department may require alternate

17  means of security if a surety bond is waived. The surety on

18  such bond shall be a surety company authorized to do business

19  in the state. All bonds shall be payable to the department and

20  conditioned for the prompt, faithful, and efficient

21  performance of the contract according to plans and

22  specifications and within the time period specified, and for

23  the prompt payment of all persons furnishing labor, material,

24  equipment, and supplies therefor; however, whenever an

25  improvement, demolition, or removal contract price is $25,000

26  or less, the security may, in the discretion of the bidder, be

27  in the form of a cashier's check, bank money order of any

28  state or national bank, certified check, or postal money

29  order. The department shall adopt rules to implement this

30  subsection. Such rules shall include provisions under which

31  the department shall refuse to accept bonds on contracts when

                                  24

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  a surety wrongfully fails or refuses to settle or provide a

  2  defense for claims or actions arising under a contract for

  3  which the surety previously furnished a bond.

  4         Section 15.  Subsection (1) of section 338.155, Florida

  5  Statutes, is amended to read:

  6         338.155  Payment of toll on toll facilities required;

  7  exemptions.--

  8         (1)  No persons are permitted to use any toll facility

  9  without payment of tolls, except employees of the agency

10  operating the toll project when using the toll facility on

11  official state business, state military personnel while on

12  official military business, handicapped persons as provided in

13  this section, persons exempt from toll payment by the

14  authorizing resolution for bonds issued to finance the

15  facility, and persons exempt on a temporary basis where use of

16  such toll facility is required as a detour route. Any Florida

17  highway patrol officer, sheriff, deputy sheriff, or municipal

18  police officer operating a marked official vehicle is exempt

19  from toll payment when on official law enforcement business.

20  The secretary, or the secretary's designee, may suspend the

21  payment of tolls on a toll facility when necessary to assist

22  in emergency evacuation. The failure to pay a prescribed toll

23  constitutes a noncriminal traffic infraction, punishable as a

24  moving violation pursuant to s. 318.18. The department is

25  authorized to adopt rules relating to guaranteed toll

26  accounts.

27         Section 16.  Subsection (1) of section 338.161, Florida

28  Statutes, is amended to read:

29         338.161  Authority of department to advertise and

30  promote electronic toll collection.--

31         (1)  The department is authorized to incur expenses for

                                  25

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  paid advertising, marketing, and promotion of toll facilities

  2  and electronic toll collection products and services.

  3  Promotions may include discounts and free products.

  4         Section 17.  Subsection (6) of section 338.165, Florida

  5  Statutes, is amended to read:

  6         338.165  Continuation of tolls.--

  7         (6)  Notwithstanding the provisions of subsection (1),

  8  and not including high occupancy toll lanes or express lanes,

  9  no tolls may be charged for use of an interstate highway where

10  tolls were not charged as of July 1, 1997.

11         Section 18.  Subsection (2) of section 339.09, Florida

12  Statutes, is amended to read:

13         339.09  Use of transportation tax revenues;

14  restrictions.--

15         (2)  The department may, in cooperation with the

16  Federal Government, expend transportation tax revenues

17  pursuant to rules adopted by the department, for control of

18  undesirable rodents, relocation assistance, and moving costs

19  of persons displaced by highway construction and other related

20  transportation projects to the extent, but only to the extent,

21  required by federal law to be undertaken by the state to

22  continue to be eligible for federal highway funds.

23         Section 19.  Section 339.155, Florida Statutes, is

24  amended to read:

25         339.155  Transportation planning.--

26         (1)  THE FLORIDA TRANSPORTATION PLAN.--The department

27  shall develop and annually update a statewide transportation

28  plan, to be known as the Florida Transportation Plan. The plan

29  shall be designed so as to be easily read and understood by

30  the general public. The purpose of the Florida Transportation

31  Plan is to establish and define the state's long-range

                                  26

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  transportation goals and objectives to be accomplished over a

  2  period of at least 20 years within the context of the State

  3  Comprehensive Plan, and any other statutory mandates and

  4  authorizations and based upon the prevailing principles of:

  5  preserving the existing transportation infrastructure;

  6  enhancing Florida's economic competitiveness; and improving

  7  travel choices to ensure mobility. The Florida Transportation

  8  Plan shall consider the needs of the entire state

  9  transportation system and examine the use of all modes of

10  transportation to effectively and efficiently meet such needs.

11         (2)  SCOPE OF PLANNING PROCESS.--

12         (a)  The department shall carry out a transportation

13  planning process in conformance with s. 334.046(1) which that

14  provides for consideration of projects and strategies that

15  will:

16         (a)1.  Support the economic vitality of the United

17  States, Florida, and the metropolitan areas, especially by

18  enabling global competitiveness, productivity, and efficiency;

19         (b)2.  Increase the safety and security of the

20  transportation system for motorized and nonmotorized users;

21         (c)3.  Increase the accessibility and mobility options

22  available to people and for freight;

23         (d)4.  Protect and enhance the environment, promote

24  energy conservation, and improve quality of life;

25         (e)5.  Enhance the integration and connectivity of the

26  transportation system, across and between modes throughout

27  Florida, for people and freight;

28         (f)6.  Promote efficient system management and

29  operation; and

30         (g)7.  Emphasize the preservation of the existing

31  transportation system.

                                  27

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (b)  Additionally, the department shall consider:

  2         1.  With respect to nonmetropolitan areas, the concerns

  3  of local elected officials representing units of general

  4  purpose local government;

  5         2.  The concerns of Indian tribal governments and

  6  federal land management agencies that have jurisdiction over

  7  land within the boundaries of Florida; and

  8         3.  Coordination of transportation plans, programs, and

  9  planning activities with related planning activities being

10  carried out outside of metropolitan planning areas.

11         (c)  The results of the management systems required

12  pursuant to federal laws and regulations.

13         (d)  Any federal, state, or local energy use goals,

14  objectives, programs, or requirements.

15         (e)  Strategies for incorporating bicycle

16  transportation facilities and pedestrian walkways in projects

17  where appropriate throughout the state.

18         (f)  International border crossings and access to

19  ports, airports, spaceports, intermodal transportation

20  facilities, major freight distribution routes, national parks,

21  recreation and scenic areas, monuments and historic sites, and

22  military installations.

23         (g)  The transportation needs of nonmetropolitan areas

24  through a process that includes consultation with local

25  elected officials with jurisdiction over transportation.

26         (h)  Consistency of the plan, to the maximum extent

27  feasible, with strategic regional policy plans, metropolitan

28  planning organization plans, and approved local government

29  comprehensive plans so as to contribute to the management of

30  orderly and coordinated community development.

31         (i)  Connectivity between metropolitan areas within the

                                  28

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  state and with metropolitan areas in other states.

  2         (j)  Recreational travel and tourism.

  3         (k)  Any state plan developed pursuant to the Federal

  4  Water Pollution Control Act.

  5         (l)  Transportation system management and investment

  6  strategies designed to make the most efficient use of existing

  7  transportation facilities.

  8         (m)  The total social, economic, energy, and

  9  environmental effects of transportation decisions on the

10  community and region.

11         (n)  Methods to manage traffic congestion and to

12  prevent traffic congestion from developing in areas where it

13  does not yet occur, including methods which reduce motor

14  vehicle travel, particularly single-occupant vehicle travel.

15         (o)  Methods to expand and enhance transit services and

16  to increase the use of such services.

17         (p)  The effect of transportation decisions on land use

18  and land development, including the need for consistency

19  between transportation decisionmaking and the provisions of

20  all applicable short-range and long-range land use and

21  development plans.

22         (q)  Where appropriate, the use of innovative

23  mechanisms for financing projects, including value capture

24  pricing, tolls, and congestion pricing.

25         (r)  Preservation and management of rights-of-way for

26  construction of future transportation projects, including

27  identification of unused rights-of-way which may be needed for

28  future transportation corridors, and identification of those

29  corridors for which action is most needed to prevent

30  destruction or loss.

31         (s)  Future, as well as existing, needs of the state

                                  29

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  transportation system.

  2         (t)  Methods to enhance the efficient movement of

  3  commercial motor vehicles.

  4         (u)  The use of life-cycle costs in the design and

  5  engineering of bridges, tunnels, or pavement.

  6         (v)  Investment strategies to improve adjoining state

  7  and local roads that support rural economic growth and tourism

  8  development, federal agency renewable resources management,

  9  and multipurpose land management practices, including

10  recreation development.

11         (w)  The concerns of Indian tribal governments having

12  jurisdiction over lands within the boundaries of the state.

13         (x)  A seaport or airport master plan, which has been

14  incorporated into an approved local government comprehensive

15  plan, and the linkage of transportation modes described in

16  such plan which are needed to provide for the movement of

17  goods and passengers between the seaport or airport and the

18  other transportation facilities.

19         (y)  The spaceport master plan approved by the

20  Spaceport Florida Authority.

21         (z)  The joint use of transportation corridors and

22  major transportation facilities for alternate transportation

23  and community uses.

24         (aa)  The integration of any proposed system into all

25  other types of transportation facilities in the community.

26         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

27  Transportation Plan shall be a unified, concise planning

28  document that clearly defines the state's long-range

29  transportation goals and objectives and documents the

30  department's short-range objectives developed to further such

31  goals and objectives. The plan shall include a glossary that

                                  30

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  clearly and succinctly defines any and all phrases, words, or

  2  terms of art included in the plan, with which the general

  3  public may be unfamiliar and shall consist of, at a minimum,

  4  the following components:

  5         (a)  A long-range component documenting the goals and

  6  long-term objectives necessary to implement the results of the

  7  department's findings from its examination of the criteria

  8  listed in subsection (2) and s. 334.046(1).  The long-range

  9  component must be developed in cooperation with the

10  metropolitan planning organizations and reconciled, to the

11  maximum extent feasible, with the long-range plans developed

12  by metropolitan planning organizations pursuant to s. 339.175.

13  The plan must also be developed in consultation with affected

14  local officials in nonmetropolitan areas and with any affected

15  Indian tribal governments. The plan must provide an

16  examination of transportation issues likely to arise during at

17  least a 20-year period. The long-range component shall be

18  updated at least once every 5 years, or more often as

19  necessary, to reflect substantive changes to federal or state

20  law.

21         (b)  A short-range component documenting the short-term

22  objectives and strategies necessary to implement the goals and

23  long-term objectives contained in the long-range component.

24  The short-range component must define the relationship between

25  the long-range goals and the short-range objectives, specify

26  those objectives against which the department's achievement of

27  such goals will be measured, and identify transportation

28  strategies necessary to efficiently achieve the goals and

29  objectives in the plan. It must provide a policy framework

30  within which the department's legislative budget request, the

31  strategic information resource management plan, and the work

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  program are developed. The short-range component shall serve

  2  as the department's annual agency strategic plan pursuant to

  3  s. 186.021. The short-range component shall be developed

  4  consistent with the requirements of s. 186.022 and consistent

  5  with available and forecasted state and federal funds. In

  6  addition to those entities listed in s. 186.022, the

  7  short-range component shall also be submitted to the Florida

  8  Transportation Commission.

  9         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

10  develop an annual performance report evaluating the operation

11  of the department for the preceding fiscal year.  The report,

12  which shall meet the requirements of s. 186.022, shall also

13  include a summary of the financial operations of the

14  department and shall annually evaluate how well the adopted

15  work program meets the short-term objectives contained in the

16  short-range component of the Florida Transportation Plan.  In

17  addition to the entities listed in s. 186.022, this

18  performance report shall also be submitted to the Florida

19  Transportation Commission and the legislative appropriations

20  and transportation committees.

21         (5)  ADDITIONAL TRANSPORTATION PLANS.--

22         (a)  Upon request by local governmental entities, the

23  department may in its discretion develop and design

24  transportation corridors, arterial and collector streets,

25  vehicular parking areas, and other support facilities which

26  are consistent with the plans of the department for major

27  transportation facilities.  The department may render to local

28  governmental entities or their planning agencies such

29  technical assistance and services as are necessary so that

30  local plans and facilities are coordinated with the plans and

31  facilities of the department.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (b)  Each regional planning council, as provided for in

  2  s. 186.504, or any successor agency thereto, shall develop, as

  3  an element of its strategic regional policy plan,

  4  transportation goals and policies. The transportation goals

  5  and policies must be prioritized to comply with the prevailing

  6  principles provided in subsection (2) and s. 334.046(1). The

  7  transportation goals and policies shall be consistent, to the

  8  maximum extent feasible, with the goals and policies of the

  9  metropolitan planning organization and the Florida

10  Transportation Plan.  The transportation goals and policies of

11  the regional planning council will be advisory only and shall

12  be submitted to the department and any affected metropolitan

13  planning organization for their consideration and comments.

14  Metropolitan planning organization plans and other local

15  transportation plans shall be developed consistent, to the

16  maximum extent feasible, with the regional transportation

17  goals and policies.  The regional planning council shall

18  review urbanized area transportation plans and any other

19  planning products stipulated in s. 339.175 and provide the

20  department and respective metropolitan planning organizations

21  with written recommendations which the department and the

22  metropolitan planning organizations shall take under

23  advisement.  Further, the regional planning councils shall

24  directly assist local governments which are not part of a

25  metropolitan area transportation planning process in the

26  development of the transportation element of their

27  comprehensive plans as required by s. 163.3177.

28         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

29  TRANSPORTATION PLANNING.--

30         (a)  During the development of the long-range component

31  of the Florida Transportation Plan and prior to substantive

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  revisions, the department shall provide citizens, affected

  2  public agencies, representatives of transportation agency

  3  employees, other affected employee representatives, private

  4  providers of transportation, and other known interested

  5  parties with an opportunity to comment on the proposed plan or

  6  revisions. These opportunities shall include, at a minimum,

  7  publishing a notice in the Florida Administrative Weekly and

  8  within a newspaper of general circulation within the area of

  9  each department district office.

10         (b)  During development of major transportation

11  improvements, such as those increasing the capacity of a

12  facility through the addition of new lanes or providing new

13  access to a limited or controlled access facility or

14  construction of a facility in a new location, the department

15  shall hold one or more hearings prior to the selection of the

16  facility to be provided; prior to the selection of the site or

17  corridor of the proposed facility; and prior to the selection

18  of and commitment to a specific design proposal for the

19  proposed facility. Such public hearings shall be conducted so

20  as to provide an opportunity for effective participation by

21  interested persons in the process of transportation planning

22  and site and route selection and in the specific location and

23  design of transportation facilities. The various factors

24  involved in the decision or decisions and any alternative

25  proposals shall be clearly presented so that the persons

26  attending the hearing may present their views relating to the

27  decision or decisions which will be made.

28         (c)  Opportunity for design hearings:

29         1.  The department, prior to holding a design hearing,

30  shall duly notify notice all affected property owners of

31  record, as recorded in the property appraiser's office, by

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  mail at least 20 days prior to the date set for the hearing.

  2  The affected property owners shall be:

  3         a.  Those whose property lies in whole or in part

  4  within 300 feet on either side of the centerline of the

  5  proposed facility.

  6         b.  Those whom who the department determines will be

  7  substantially affected environmentally, economically,

  8  socially, or safetywise.

  9         2.  For each subsequent hearing, the department shall

10  daily publish notice at least 14 days immediately prior to the

11  hearing date in a newspaper of general circulation for the

12  area affected. These notices must be published twice, with the

13  first notice appearing at least 15 days, but no later than 30

14  days, before the hearing

15         3.  A copy of the notice of opportunity for the hearing

16  must shall be furnished to the United States Department of

17  Transportation and to the appropriate departments of the state

18  government at the time of publication.

19         4.  The opportunity for another hearing shall be

20  afforded in any case when proposed locations or designs are so

21  changed from those presented in the notices specified above or

22  at a hearing as to have a substantially different social,

23  economic, or environmental effect.

24         5.  The opportunity for a hearing shall be afforded in

25  each case in which the department is in doubt as to whether a

26  hearing is required.

27         Section 20.  Subsections (1) through (6) and paragraph

28  (a) of subsection (7) of section 339.175, Florida Statutes, is

29  amended to read:

30         339.175  Metropolitan planning organization.--It is the

31  intent of the Legislature to encourage and promote the safe

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  and efficient management, operation, and development of

  2  surface transportation systems that will serve the mobility

  3  needs of people and freight within and through urbanized areas

  4  of this state while minimizing transportation-related fuel

  5  consumption and air pollution. To accomplish these objectives,

  6  metropolitan planning organizations, referred to in this

  7  section as M.P.O.'s, shall develop, in cooperation with the

  8  state and public transit operators, transportation plans and

  9  programs for metropolitan areas. The plans and programs for

10  each metropolitan area must provide for the development and

11  integrated management and operation of transportation systems

12  and facilities, including pedestrian walkways and bicycle

13  transportation facilities that will function as an intermodal

14  transportation system for the metropolitan area, based upon

15  the prevailing principles provided in s. 334.046(1).  The

16  process for developing such plans and programs shall provide

17  for consideration of all modes of transportation and shall be

18  continuing, cooperative, and comprehensive, to the degree

19  appropriate, based on the complexity of the transportation

20  problems to be addressed.

21         (1)  DESIGNATION.--

22         (a)1.  An M.P.O. shall be designated for each urbanized

23  area of the state.  Such designation shall be accomplished by

24  agreement between the Governor and units of general-purpose

25  local government representing at least 75 percent of the

26  population of the urbanized area; however, the unit of

27  general-purpose local government that represents the central

28  city or cities within the M.P.O. jurisdiction, as defined by

29  the United States Bureau of the Census, must be a party to

30  such agreement.

31         2.  More than one M.P.O. may be designated within an

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  existing metropolitan planning area only if the Governor and

  2  the existing M.P.O. determine that the size and complexity of

  3  the existing metropolitan planning area makes the designation

  4  of more than one M.P.O. for the area appropriate.

  5         (b)  Each M.P.O. shall be created and operated under

  6  the provisions of this section pursuant to an interlocal

  7  agreement entered into pursuant to s. 163.01.  The signatories

  8  to the interlocal agreement shall be the department and the

  9  governmental entities designated by the Governor for

10  membership on the M.P.O. If there is a conflict between this

11  section and s. 163.01, this section prevails.

12         (c)  The jurisdictional boundaries of an M.P.O. shall

13  be determined by agreement between the Governor and the

14  applicable M.P.O.  The boundaries must include at least the

15  metropolitan planning area, which is the existing urbanized

16  area and the contiguous area expected to become urbanized

17  within a 20-year forecast period, and may encompass the entire

18  metropolitan statistical area or the consolidated metropolitan

19  statistical area.

20         (d)  In the case of an urbanized area designated as a

21  nonattainment area for ozone or carbon monoxide under the

22  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

23  the metropolitan planning area in existence as of the date of

24  enactment of this paragraph shall be retained, except that the

25  boundaries may be adjusted by agreement of the Governor and

26  affected metropolitan planning organizations in the manner

27  described in this section. If more than one M.P.O. has

28  authority within a metropolitan area or an area that is

29  designated as a nonattainment area, each M.P.O. shall consult

30  with other M.P.O.'s designated for such area and with the

31  state in the coordination of plans and programs required by

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  this section.

  2

  3  Each M.P.O. required under this section must be fully

  4  operative no later than 6 months following its designation.

  5         (2)  VOTING MEMBERSHIP.--

  6         (a)  The voting membership of an M.P.O. shall consist

  7  of not fewer than 5 or more than 19 apportioned members, the

  8  exact number to be determined on an equitable

  9  geographic-population ratio basis by the Governor, based on an

10  agreement among the affected units of general-purpose local

11  government as required by federal rules and regulations. The

12  Governor, in accordance with 23 U.S.C. s. 134, may also

13  provide for M.P.O. members who represent municipalities to

14  alternate with representatives from other municipalities

15  within the metropolitan planning area that do not have members

16  on the M.P.O. County commission members shall compose not less

17  than one-third of the M.P.O. membership, except for an M.P.O.

18  with more than 15 members located in a county with a

19  five-member county commission or an M.P.O. with 19 members

20  located in a county with no more than 6 county commissioners,

21  in which case county commission members may compose less than

22  one-third percent of the M.P.O. membership, but all county

23  commissioners must be members. All voting members shall be

24  elected officials of general-purpose governments, except that

25  an M.P.O. may include, as part of its apportioned voting

26  members, a member of a statutorily authorized planning board,

27  an official of an agency that operates or administers a major

28  mode of transportation, or an official of the Spaceport

29  Florida Authority.  The county commission shall compose not

30  less than 20 percent of the M.P.O. membership if an official

31  of an agency that operates or administers a major mode of

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  transportation has been appointed to an M.P.O.

  2         (b)  In metropolitan areas in which authorities or

  3  other agencies have been or may be created by law to perform

  4  transportation functions that are not under the jurisdiction

  5  of a general purpose local government represented on the

  6  M.P.O., they shall be provided voting membership on the M.P.O.

  7  In all other M.P.O.'s where transportation authorities or

  8  agencies are to be represented by elected officials from

  9  general purpose local governments, the M.P.O. shall establish

10  a process by which the collective interests of such

11  authorities or other agencies are expressed and conveyed.

12         (c)  Any other provision of this section to the

13  contrary notwithstanding, a chartered county with over 1

14  million population may elect to reapportion the membership of

15  an M.P.O. whose jurisdiction is wholly within the county. The

16  charter county may exercise the provisions of this paragraph

17  if:

18         1.  The M.P.O. approves the reapportionment plan by a

19  three-fourths vote of its membership;

20         2.  The M.P.O. and the charter county determine that

21  the reapportionment plan is needed to fulfill specific goals

22  and policies applicable to that metropolitan planning area;

23  and

24         3.  The charter county determines the reapportionment

25  plan otherwise complies with all federal requirements

26  pertaining to M.P.O. membership.

27

28  Any charter county that elects to exercise the provisions of

29  this paragraph shall notify the Governor in writing.

30         (d)  Any other provision of this section to the

31  contrary notwithstanding, any county chartered under s. 6(e),

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  Art. VIII of the State Constitution may elect to have its

  2  county commission serve as the M.P.O., if the M.P.O.

  3  jurisdiction is wholly contained within the county.  Any

  4  charter county that elects to exercise the provisions of this

  5  paragraph shall so notify the Governor in writing.  Upon

  6  receipt of such notification, the Governor must designate the

  7  county commission as the M.P.O.  The Governor must appoint

  8  four additional voting members to the M.P.O., one of whom must

  9  be an elected official representing a municipality within the

10  county, one of whom must be an expressway authority member,

11  one of whom must be a person who does not hold elected public

12  office and who resides in the unincorporated portion of the

13  county, and one of whom must be a school board member.

14         (3)  APPORTIONMENT.--

15         (a)  The Governor shall, with the agreement of the

16  affected units of general-purpose local government as required

17  by federal rules and regulations, apportion the membership on

18  the applicable M.P.O. among the various governmental entities

19  within the area and shall prescribe a method for appointing

20  alternate members who may vote at any M.P.O. meeting that an

21  alternate member attends in place of a regular member.  An

22  appointed alternate member must be an elected official serving

23  the same governmental entity or a general-purpose local

24  government with jurisdiction within all or part of the area

25  that the regular member serves.  The governmental entity so

26  designated shall appoint the appropriate number of members to

27  the M.P.O. from eligible officials.  Representatives of the

28  department shall serve as nonvoting members of the M.P.O.

29  Nonvoting advisers may be appointed by the M.P.O. as deemed

30  necessary.  The Governor shall review the composition of the

31  M.P.O. membership in conjunction with the decennial census as

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  prepared by the United States Department of Commerce, Bureau

  2  of the Census, and reapportion it as necessary to comply with

  3  subsection (2).

  4         (b)  Except for members who represent municipalities on

  5  the basis of alternating with representatives from other

  6  municipalities that do not have members on the M.P.O. as

  7  provided in paragraph (2)(a), the members of an M.P.O. shall

  8  serve 4-year terms. Members who represent municipalities on

  9  the basis of alternating with representatives from other

10  municipalities that do not have members on the M.P.O. as

11  provided in paragraph (2)(a) may serve terms of up to 4 years

12  as further provided in the interlocal agreement described in

13  paragraph (1)(b). The membership of a member who is a public

14  official automatically terminates upon the member's leaving

15  his or her elective or appointive office for any reason, or

16  may be terminated by a majority vote of the total membership

17  of a county or city governing entity represented by the

18  member.  A vacancy shall be filled by the original appointing

19  entity.  A member may be reappointed for one or more

20  additional 4-year terms.

21         (c)  If a governmental entity fails to fill an assigned

22  appointment to an M.P.O. within 60 days after notification by

23  the Governor of its duty to appoint, that appointment shall be

24  made by the Governor from the eligible representatives of that

25  governmental entity.

26         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

27  responsibility of an M.P.O. is to manage a continuing,

28  cooperative, and comprehensive transportation planning process

29  that, based upon the prevailing principles provided in s.

30  334.046(1), results in the development of plans and programs

31  which are consistent, to the maximum extent feasible, with the

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  approved local government comprehensive plans of the units of

  2  local government the boundaries of which are within the

  3  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

  4  for cooperative decisionmaking by officials of the affected

  5  governmental entities in the development of the plans and

  6  programs required by subsections (5), (6), (7), and (8).

  7         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

  8  privileges, and authority of an M.P.O. are those specified in

  9  this section or incorporated in an interlocal agreement

10  authorized under s. 163.01.  Each M.P.O. shall perform all

11  acts required by federal or state laws or rules, now and

12  subsequently applicable, which are necessary to qualify for

13  federal aid. It is the intent of this section that each M.P.O.

14  shall be involved in the planning and programming of

15  transportation facilities, including, but not limited to,

16  airports, intercity and high-speed rail lines, seaports, and

17  intermodal facilities, to the extent permitted by state or

18  federal law.

19         (a)  Each M.P.O. shall, in cooperation with the

20  department, develop:

21         1.  A long-range transportation plan pursuant to the

22  requirements of subsection (6);

23         2.  An annually updated transportation improvement

24  program pursuant to the requirements of subsection (7); and

25         3.  An annual unified planning work program pursuant to

26  the requirements of subsection (8).

27         (b)  In developing the long-range transportation plan

28  and the transportation improvement program required under

29  paragraph (a), each M.P.O. shall provide for consideration of

30  projects and strategies that will:

31         1.  Support the economic vitality of the metropolitan

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  area, especially by enabling global competitiveness,

  2  productivity, and efficiency;

  3         2.  Increase the safety and security of the

  4  transportation system for motorized and nonmotorized users;

  5         3.  Increase the accessibility and mobility options

  6  available to people and for freight;

  7         4.  Protect and enhance the environment, promote energy

  8  conservation, and improve quality of life;

  9         5.  Enhance the integration and connectivity of the

10  transportation system, across and between modes, for people

11  and freight;

12         6.  Promote efficient system management and operation;

13  and

14         7.  Emphasize the preservation of the existing

15  transportation system.

16         (c)  Additionally, each M.P.O. shall consider:

17         1.  The consistency of transportation planning with

18  applicable federal, state, and local energy conservation

19  programs, goals, and objectives;

20         2.  The likely effect of transportation policy

21  decisions on land use and development and the consistency of

22  transportation plans and programs with all applicable

23  short-term and long-term land use and development plans;

24         3.  The preservation of rights-of-way for construction

25  of future transportation projects, including the

26  identification of unused rights-of-way that may be needed for

27  future transportation corridors and the identification of

28  corridors for which action is most needed to prevent

29  destruction or loss;

30         4.  The overall social, economic, energy, and

31  environmental effects of transportation decisions; and

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         5.  Available methods to expand or enhance transit

  2  services and increase the use of such services.

  3         6.  The possible allocation of capital investments to

  4  increase security for transit systems.

  5         (c)(d)  In order to provide recommendations to the

  6  department and local governmental entities regarding

  7  transportation plans and programs, each M.P.O. shall:

  8         1.  Prepare a congestion management system for the

  9  metropolitan area and cooperate with the department in the

10  development of all other transportation management systems

11  required by state or federal law;

12         2.  Assist the department in mapping transportation

13  planning boundaries required by state or federal law;

14         3.  Assist the department in performing its duties

15  relating to access management, functional classification of

16  roads, and data collection;

17         4.  Execute all agreements or certifications necessary

18  to comply with applicable state or federal law;

19         5.  Represent all the jurisdictional areas within the

20  metropolitan area in the formulation of transportation plans

21  and programs required by this section; and

22         6.  Perform all other duties required by state or

23  federal law.

24         (d)(e)  Each M.P.O. shall appoint a technical advisory

25  committee that includes planners; engineers; representatives

26  of local aviation authorities, port authorities, and public

27  transit authorities or representatives of aviation

28  departments, seaport departments, and public transit

29  departments of municipal or county governments, as applicable;

30  the school superintendent of each county within the

31  jurisdiction of the M.P.O. or the superintendent's designee;

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  and other appropriate representatives of affected local

  2  governments. In addition to any other duties assigned to it by

  3  the M.P.O. or by state or federal law, the technical advisory

  4  committee is responsible for  considering safe access to

  5  schools in its review of transportation project priorities,

  6  long-range transportation plans, and transportation

  7  improvement programs, and shall advise the M.P.O. on such

  8  matters. In addition, the technical advisory committee shall

  9  coordinate its actions with local school boards and other

10  local programs and organizations within the metropolitan area

11  which participate in school safety activities, such as locally

12  established community traffic safety teams. Local school

13  boards must provide the appropriate M.P.O. with information

14  concerning future school sites and in the coordination of

15  transportation service. identifying projects contained in the

16  long-range transportation plan or transportation improvement

17  program which deserve to be classified as a school safety

18  concern. Upon receipt of the recommendation from the technical

19  advisory committee that a project should be so classified, the

20  M.P.O. must vote on whether to classify a particular project

21  as a school safety concern.  If the M.P.O. votes that a

22  project should be classified as a school safety concern, the

23  local governmental entity responsible for the project must

24  consider at least two alternatives before making a decision

25  about project location or alignment.

26         (e)(f)1.  Each M.P.O. shall appoint a citizens'

27  advisory committee, the members of which serve at the pleasure

28  of the M.P.O. The membership on the citizens' advisory

29  committee must reflect a broad cross section of local

30  residents with an interest in the development of an efficient,

31  safe, and cost-effective transportation system. Minorities,

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  the elderly, and the handicapped must be adequately

  2  represented.

  3         2.  Notwithstanding the provisions of subparagraph 1.,

  4  an M.P.O. may, with the approval of the department and the

  5  applicable federal governmental agency, adopt an alternative

  6  program or mechanism to ensure citizen involvement in the

  7  transportation planning process.

  8         (f)(g)  The department shall allocate to each M.P.O.,

  9  for the purpose of accomplishing its transportation planning

10  and programming duties, an appropriate amount of federal

11  transportation planning funds.

12         (g)(h)  Each M.P.O. may employ personnel or may enter

13  into contracts with local or state agencies, private planning

14  firms, or private engineering firms to accomplish its

15  transportation planning and programming duties required by

16  state or federal law.

17         (h)  Any group of M.P.O.'s which has created a chair's

18  coordinating committee as of the effective date of this act

19  and is located within the same Department of Transportation

20  District which is comprised of four adjacent M.P.O.'s must

21  continue such committee as provided for in this section. Such

22  committee must also include one representative from each

23  M.P.O. contiguous to the geographic boundaries of the original

24  committee. The committee must, at a minimum:

25         1.  Coordinate transportation projects deemed to be

26  regionally significant by the committee.

27         2.  Review the impact of regionally significant land

28  use decisions on the region.

29         3. Review all proposed regionally significant

30  transportation projects in the respective transportation

31  improvement programs which affect more than one of the

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  M.P.O.'s represented on the committee.

  2         4.  Institute a conflict resolution process to address

  3  any conflict that may arise in the planning and programming of

  4  such regionally significant projects.

  5         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

  6  develop a long-range transportation plan that addresses at

  7  least a 20-year planning horizon. The plan must include both

  8  long-range and short-range strategies and must comply with all

  9  other state and federal requirements. The prevailing

10  principles to be considered in the long-range transportation

11  plan are: preserving the existing transportation

12  infrastructure; enhancing Florida's economic competitiveness;

13  and improving travel choices to ensure mobility. The

14  long-range transportation plan must be consistent, to the

15  maximum extent feasible, with future land use elements and the

16  goals, objectives, and policies of the approved local

17  government comprehensive plans of the units of local

18  government located within the jurisdiction of the M.P.O. The

19  approved long-range transportation plan must be considered by

20  local governments in the development of the transportation

21  elements in local government comprehensive plans and any

22  amendments thereto. The long-range transportation plan must,

23  at a minimum:

24         (a)  Identify transportation facilities, including, but

25  not limited to, major roadways, airports, seaports,

26  spaceports, commuter rail systems, transit systems, and

27  intermodal or multimodal terminals that will function as an

28  integrated metropolitan transportation system.  The long-range

29  transportation plan must give emphasis to those transportation

30  facilities that serve national, statewide, or regional

31  functions, and must consider the goals and objectives

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  identified in the Florida Transportation Plan as provided in

  2  s. 339.155. If a project is located within the boundaries of

  3  more than one M.P.O., the M.P.O.'s must coordinate plans

  4  regarding the project in the long-range transportation plan.

  5         (b)  Include a financial plan that demonstrates how the

  6  plan can be implemented, indicating resources from public and

  7  private sources which are reasonably expected to be available

  8  to carry out the plan, and recommends any additional financing

  9  strategies for needed projects and programs. The financial

10  plan may include, for illustrative purposes, additional

11  projects that would be included in the adopted long-range

12  transportation plan if reasonable additional resources beyond

13  those identified in the financial plan were available. For the

14  purpose of developing the long-range transportation plan, the

15  M.P.O. and the department shall cooperatively develop

16  estimates of funds that will be available to support the plan

17  implementation. Innovative financing techniques may be used to

18  fund needed projects and programs.  Such techniques may

19  include the assessment of tolls, the use of value capture

20  financing, or the use of value pricing.

21         (c)  Assess capital investment and other measures

22  necessary to:

23         1.  Ensure the preservation of the existing

24  metropolitan transportation system including requirements for

25  the operation, resurfacing, restoration, and rehabilitation of

26  major roadways and requirements for the operation,

27  maintenance, modernization, and rehabilitation of public

28  transportation facilities; and

29         2.  Make the most efficient use of existing

30  transportation facilities to relieve vehicular congestion and

31  maximize the mobility of people and goods.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (d)  Indicate, as appropriate, proposed transportation

  2  enhancement activities, including, but not limited to,

  3  pedestrian and bicycle facilities, scenic easements,

  4  landscaping, historic preservation, mitigation of water

  5  pollution due to highway runoff, and control of outdoor

  6  advertising.

  7         (e)  In addition to the requirements of paragraphs

  8  (a)-(d), in metropolitan areas that are classified as

  9  nonattainment areas for ozone or carbon monoxide, the M.P.O.

10  must coordinate the development of the long-range

11  transportation plan with the State Implementation Plan

12  developed pursuant to the requirements of the federal Clean

13  Air Act.

14

15  In the development of its long-range transportation plan, each

16  M.P.O. must provide the public, affected public agencies,

17  representatives of transportation agency employees, freight

18  shippers, providers of freight transportation services,

19  private providers of transportation, representatives of users

20  of public transit, and other interested parties with a

21  reasonable opportunity to comment on the long-range

22  transportation plan. The long-range transportation plan must

23  be approved by the M.P.O.

24         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

25  shall, in cooperation with the state and affected public

26  transportation operators, develop a transportation improvement

27  program for the area within the jurisdiction of the M.P.O.  In

28  the development of the transportation improvement program,

29  each M.P.O. must provide the public, affected public agencies,

30  representatives of transportation agency employees, freight

31  shippers, providers of freight transportation services,

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  private providers of transportation, representatives of users

  2  of public transit, and other interested parties with a

  3  reasonable opportunity to comment on the proposed

  4  transportation improvement program.

  5         (a)  Each M.P.O. is responsible for developing,

  6  annually, a list of project priorities and a transportation

  7  improvement program. The prevailing principles to be

  8  considered by each M.P.O. when developing a list of project

  9  priorities and a transportation improvement program are:

10  preserving the existing transportation infrastructure;

11  enhancing Florida's economic competitiveness; and improving

12  travel choices to ensure mobility. The transportation

13  improvement program will be used to initiate federally aided

14  transportation facilities and improvements as well as other

15  transportation facilities and improvements including transit,

16  rail, aviation, spaceport, and port facilities to be funded

17  from the State Transportation Trust Fund within its

18  metropolitan area in accordance with existing and subsequent

19  federal and state laws and rules and regulations related

20  thereto.  The transportation improvement program shall be

21  consistent, to the maximum extent feasible, with the approved

22  local government comprehensive plans of the units of local

23  government whose boundaries are within the metropolitan area

24  of the M.P.O.

25         Section 21.  Section 343.56, Florida Statutes, is

26  amended to read:

27         343.56  Bonds not debts or pledges of credit of

28  state.--Revenue bonds issued under the provisions of this part

29  are not debts of the state or pledges of the faith and credit

30  of the state.  Such bonds are payable exclusively from

31  revenues pledged for their payment.  All such bonds shall

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  contain a statement on their face that the state is not

  2  obligated to pay the same or the interest thereon, except from

  3  the revenues pledged for their payment, and that the faith and

  4  credit of the state is not pledged to the payment of the

  5  principal or interest of such bonds. The issuance of revenue

  6  bonds under the provisions of this part does not directly,

  7  indirectly, or contingently obligate the state to levy or to

  8  pledge any form of taxation whatsoever, or to make any

  9  appropriation for their payment.  No state funds shall be used

10  to pay the principal or interest of any bonds issued to

11  finance or refinance any portion of the Tri-County Rail

12  system, and all such bonds shall contain a statement on their

13  face to this effect. However, federal funds being passed

14  through the department to the Tri-County Rail system and those

15  state matching funds required by the United States Department

16  of Transportation as a condition of federal funding may be

17  used to pay principal and interest of any bonds issued.

18         Section 22.  Subsection (2) of section 343.63, Florida

19  Statutes, is amended to read:

20         343.63  Central Florida Regional Transportation

21  Authority.--

22         (2)  The governing board of the authority shall consist

23  of 11 nine voting members, and one nonvoting member as

24  follows:

25         (a)  The county commissions of Seminole, Orange, and

26  Osceola Counties shall each elect a commissioner as that

27  commission's representative on the board.  The commissioner

28  must be a member of the county commission when elected and for

29  the full extent of his or her term.  The terms of the county

30  commissioners on the governing board of the authority shall be

31  2 years.

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         (b)  The mayors of the cities of Altamonte Springs,

  2  Orlando, and Kissimmee, or a member of each city commission

  3  designated by each mayor, shall serve a term of 2 years on the

  4  board.

  5         (c)  The Governor shall appoint five two members to the

  6  board who are residents and qualified electors in the area

  7  served by the board. Two of the members shall be residents of

  8  Orange County, one member shall be a resident of Seminole

  9  County, one member shall be a resident of Osceola County, and

10  one member shall be a resident of the City of Orlando. All

11  five members One of the members initially appointed by the

12  Governor shall serve a term of 2 years, and the other shall

13  serve a term of 4 years.  Thereafter, members appointed by the

14  Governor shall serve a term of 4 years.

15         (d)  The Secretary of Transportation shall appoint the

16  district secretary, or his or her designee, for the district

17  within which the area served by the authority is located and

18  this member shall be a nonvoting member.

19         Section 23.  Subsection (6) is added to section 343.64,

20  Florida Statutes, to read:

21         343.64  Powers and duties.--

22         (6)  The authority, through a resolution of its

23  governing board, may elect to expand its service area and

24  board partnership with any county which is a contiguous county

25  to the existing Central Florida Regional Transportation

26  Authority service area. The board shall determine the

27  conditions and terms, including the number of representatives

28  of such partnership.

29         Section 24.  Notwithstanding the provisions of section

30  343.64, Florida Statutes, to the contrary, the Central Florida

31  Regional Transportation Authority shall not hire a permanent

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  executive director until the appointments to the authority's

  2  governing board have been filled as required by modifications

  3  in this act to section 343.63, Florida Statutes.

  4         Section 25.  Subsection (9) of section 427.013, Florida

  5  Statutes, is amended to read:

  6         427.013  The Commission for the Transportation

  7  Disadvantaged; purpose and responsibilities.--The purpose of

  8  the commission is to accomplish the coordination of

  9  transportation services provided to the transportation

10  disadvantaged. The goal of this coordination shall be to

11  assure the cost-effective provision of transportation by

12  qualified community transportation coordinators or

13  transportation operators for the transportation disadvantaged

14  without any bias or presumption in favor of multioperator

15  systems or not-for-profit transportation operators over single

16  operator systems or for-profit transportation operators. In

17  carrying out this purpose, the commission shall:

18         (9)  Develop by rule standards for community

19  transportation coordinators and any transportation operator or

20  coordination contractor from whom service is purchased or

21  arranged by the community transportation coordinator covering

22  coordination, operation, safety, insurance, eligibility for

23  service, costs, and utilization of transportation

24  disadvantaged services. These standards and rules must shall

25  include, but are not be limited to:

26         (a)  Inclusion, by rule, of acceptable ranges of trip

27  costs for the various modes and types of transportation

28  services provided.

29         (b)  Minimum performance standards for the delivery of

30  services. These standards must should be included in

31  coordinator contracts and transportation operator contracts

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  with clear penalties for repeated or continuing violations.

  2         (c)  Minimum liability insurance requirements for all

  3  transportation services purchased, provided, or coordinated

  4  for the transportation disadvantaged through the community

  5  transportation coordinator.

  6         Section 26.  Subsection (3) of section 427.0135,

  7  Florida Statutes, is amended to read:

  8         427.0135  Member departments; duties and

  9  responsibilities.--Each member department, in carrying out the

10  policies and procedures of the commission, shall:

11         (3)  Assist communities in developing coordinated

12  transportation systems designed to serve the transportation

13  disadvantaged. However, a member department may not serve as

14  the community transportation coordinator in any designated

15  service area.

16         Section 27.  Subsection (2) of section 427.015, Florida

17  Statutes, is amended to read:

18         427.015  Function of the metropolitan planning

19  organization or designated official planning agency in

20  coordinating transportation for the transportation

21  disadvantaged.--

22         (2)  Each metropolitan planning organization or

23  designated official planning agency shall recommend to the

24  commission a single community transportation coordinator.

25  However, a member department may not serve as the community

26  transportation coordinator in any designated service area. The

27  coordinator may provide all or a portion of needed

28  transportation services for the transportation disadvantaged

29  but shall be responsible for the provision of those

30  coordinated services. Based on approved commission evaluation

31  criteria, the coordinator shall subcontract or broker those

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  services that are more cost-effectively and efficiently

  2  provided by subcontracting or brokering. The performance of

  3  the coordinator shall be evaluated based on the commission's

  4  approved evaluation criteria by the coordinating board at

  5  least annually. A copy of the evaluation shall be submitted to

  6  the metropolitan planning organization or the designated

  7  official planning agency, and the commission. The

  8  recommendation or termination of any community transportation

  9  coordinator shall be subject to approval by the commission.

10         Section 28.  Subsection (15) of section 479.01, Florida

11  Statutes, is amended to read:

12         479.01  Definitions.--As used in this chapter, the

13  term:

14         (15)  "Premises" means all the land areas under

15  ownership or lease arrangement to the sign owner which are

16  contiguous to the business conducted on the land except for

17  instances where such land is a narrow strip contiguous to the

18  advertised activity or is connected by such narrow strip, the

19  only viable use of such land is to erect or maintain an

20  advertising sign. When the sign owner is a municipality or

21  county, "premises" shall mean all lands owned or leased by

22  such municipality or county within its jurisdictional

23  boundaries as set forth by law.

24         Section 29.  Subsection (1) of section 479.16, Florida

25  Statutes, is amended to read:

26         479.16  Signs for which permits are not required.--The

27  following signs are exempt from the requirement that a permit

28  for a sign be obtained under the provisions of this chapter

29  but are required to comply with the provisions of s.

30  479.11(4)-(8):

31         (1)  Signs erected on the premises of an establishment,

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  which signs consist primarily of the name of the establishment

  2  or which identify the principal or accessory merchandise,

  3  services, activities, or entertainment sold, produced,

  4  manufactured, or furnished on the premises of the

  5  establishment and which comply with the lighting restrictions

  6  under department rule adopted pursuant to s. 479.11(5), or

  7  signs owned by a municipality or a county located on the

  8  premises of such municipality or such county which display

  9  information regarding government services, activities, events,

10  or entertainment. For purposes of this section, the following

11  types of messages shall not be considered information

12  regarding government services, activities, events, or

13  entertainment:

14         (a)  Messages which specifically reference any

15  commercial enterprise.

16         (b)  Messages which reference a commercial sponsor of

17  any event.

18         (c)  Personal messages.

19         (d)  Political campaign messages.

20

21  If a sign located on the premises of an establishment consists

22  principally of brand name or trade name advertising and the

23  merchandise or service is only incidental to the principal

24  activity, or if the owner of the establishment receives rental

25  income from the sign, then the sign is not exempt under this

26  subsection.

27         Section 30.  Section 552.30, Florida Statutes, is

28  created to read:

29         552.30  Construction materials mining activities.--

30         (1)  Notwithstanding the provisions of s. 552.25, the

31  State Fire Marshal shall have the sole and exclusive authority

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  to promulgate standards, limits, and regulations regarding the

  2  use of explosives in conjunction with construction materials

  3  mining activities. Such authority to regulate use shall

  4  include, directly or indirectly, the operation, handling,

  5  licensure, or permitting of explosives and setting standards

  6  or limits, including, but not limited to, ground vibration,

  7  frequency, intensity, blast pattern, air blast and time, date,

  8  occurrence, and notice restrictions. As used in this section,

  9  "construction materials mining activities" means the

10  extraction of limestone and sand suitable for production of

11  construction aggregates, sand, cement, and road base materials

12  by any person or company primarily engaged in the commercial

13  mining of any such natural resources.

14         (2)  The State Fire Marshal shall establish statewide

15  ground vibration limits for construction materials mining

16  activities which conform to those limits established in the

17  United States Bureau of Mines, Report of Investigations 8507,

18  Appendix B - Alternative Blasting Level Criteria (Figure B-1).

19  The State Fire Marshal may, at his or her sole discretion, by

20  rule or formal agreement, delegate to the applicable

21  municipality or county, the monitoring and enforcement

22  components of regulations governing the use of explosives, as

23  recognized in this section, by construction materials mining

24  activities. Such delegation may include the assessment and

25  collection of reasonable fees by the municipality or county

26  for the purpose of carrying out the delegated activities.

27         Section 31.  Section 325.205, Florida Statutes, is

28  created to read:

29         325.205  State Implementation Plan.--Within 90 days

30  after the effective date of this bill, the Department of

31  Environmental Protection shall initiate a revision of the

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  United States Environmental Protection Agency approved State

  2  Implementation Plan for the program area to back out the

  3  emission credits from the motor vehicle inspection program.

  4         Section 32.  Effective July 1, 2000, sections 325.001,

  5  325.201, 325.202, 325.203, 325.204, 325.206, 325.207,

  6  325.2075, 325.208, 325.209, 325.210, 325.211, 325.212,

  7  325.213, 325.2135, 325.214, 325.215, 325.216, 325.217,

  8  325.218, and 325.219, Florida Statutes, are repealed.

  9         Section 33.  Subsection (7) of section 316.2935,

10  Florida Statutes, is amended to read:

11         316.2935  Air pollution control equipment; tampering

12  prohibited; penalty.--

13         (7)  The Department of Environmental Protection shall

14  adopt rules that define the specific wording of the required

15  certification and the circumstances under which the

16  certificate is not required. In addition, the department shall

17  adopt rules as necessary to conform to requirements of federal

18  law, to establish procedures to determine compliance with this

19  section, including specifying what tampering activities

20  constitute a violation of this section, and to provide for

21  exceptions and waivers, taking into account the provisions of

22  ss. 325.203 and 325.209. For those rules applicable pursuant

23  to subsection (1) to licensed motor vehicle dealers for

24  certification by visual observation, the air pollution control

25  devices or systems that shall be included in such

26  certification for motor vehicles dated model year 1981 or

27  later are the catalytic converter, fuel inlet restrictor,

28  unvented fuel cap, exhaust gas recirculation system (EGR), air

29  pump and/or air injector system (AIS), and fuel evaporative

30  emissions system (EVP). The department may by rule remove or

31  add devices or systems to this test if justified by

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1  developments in air pollution control technology or changes in

  2  federal law.

  3         Section 34.  Subsection (4) of section 320.055, Florida

  4  Statutes, is amended to read:

  5         320.055  Registration periods; renewal periods.--The

  6  following registration periods and renewal periods are

  7  established:

  8         (4)  For a vehicle subject to registration under s.

  9  320.08(13), for vehicles subject to registration under s.

10  320.08(6)(a) that are short-term rental vehicles, as defined

11  in s. 325.202(15), and for any vehicle for which a

12  registration period is not otherwise specified, the

13  registration period begins June 1 and ends May 31. For a

14  vehicle subject to this registration period, the renewal

15  period is the 30-day period beginning June 1.

16         Section 35.  Except as otherwise provided herein, this

17  act shall take effect upon becoming a law.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22  remove from the title of the bill:  the entire title

23

24  and insert in lieu thereof:

25                  A bill to be entitled

26         An act relating to the Department of

27         Transportation; amending s. 20.23, F.S.;

28         authorizing the Department of Transportation to

29         adopt rules for the delegation of authority

30         beyond the assistant secretaries; providing for

31         a change in administrative duties; providing

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         additional responsibilities of the Florida

  2         Transportation Commission; amending s.

  3         206.8745, F.S.; providing for a refund of tax

  4         paid on undyed diesel fuel consumed by the

  5         engine of a qualified motor coach during idle

  6         time for certain purposes; defining "motor

  7         coach"; providing restrictions on refunds;

  8         providing for proper documentation; granting

  9         the Department of Revenue authority to adopt

10         rules; amending s. 311.07, F.S.; expanding the

11         use of certain seaport funds; providing for a

12         final audit of funds; amending s. 311.09, F.S.;

13         providing overrule authority to certain state

14         agencies; providing voting membership to

15         certain state agencies; providing for

16         expenditure of moneys derived from the Florida

17         Seaport Transportation and Economic Development

18         Program; amending s. 320.20, F.S.; authorizing

19         revenue to be pledged to the payment of certain

20         bonds under certain circumstances; amending s.

21         334.044, F.S.; authorizing the department to

22         purchase promotional items for use in certain

23         public awareness programs; authorizing the

24         department to adopt rules relating to approval

25         of material sources; amending s. 334.187, F.S.;

26         authorizing the department to adopt rules

27         relating to the use of prepaid escrow accounts;

28         amending s. 335.02, F.S.; providing a maximum

29         lane policy; amending s. 336.025, F.S.;

30         revising language with respect to the local

31         option fuel tax to authorize county and

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         municipal governments to use the funds for

  2         certain purposes; amending s. 337.025, F.S.;

  3         authorizing highway maintenance projects to be

  4         included in the innovative highway program;

  5         amending ss. 334.035 and 334.046, F.S.;

  6         providing prevailing principles for planning

  7         and developing transportation systems; amending

  8         s. 337.175, F.S.; providing for retainage

  9         flexibility; amending s. 337.18, F.S.;

10         authorizing the department to adopt rules

11         relating to surety bonds; amending s. 338.155,

12         F.S.; authorizing the department to adopt rules

13         with respect to guaranteed toll accounts;

14         amending s. 338.161, F.S.; authorizing the

15         department to incur advertising expenses for

16         the promotion of toll facilities; amending s.

17         338.165, F.S.; providing that certain high

18         occupancy toll lanes or express lanes may be

19         continued under certain circumstances; amending

20         s. 339.09, F.S.; authorizing the department to

21         adopt rules relating to the expenditure of

22         transportation revenues; amending s. 339.155,

23         F.S.; clarifying the public participation

24         process in transportation planning; conforming

25         provisions to federal requirements; providing

26         prevailing principles; deleting certain

27         planning factors; amending s. 339.175, F.S.;

28         providing duties of the metropolitan planning

29         Technical Advisory Committee; providing for a

30         coordinating committee in certain M.P.O.'s;

31         providing prevailing principles for planning

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         and developing transportation systems for

  2         metropolitan planning organizations; deleting

  3         certain planning factors; amending s. 343.56,

  4         F.S.; authorizing the use of certain federal

  5         funds to pay principal and interest on bonds;

  6         amending s. 343.63, F.S.; increasing the number

  7         of members appointed to the Central Florida

  8         Regional Transportation Authority by the

  9         Governor and providing that the member selected

10         by the department be a nonvoting member;

11         amending s. 343.64, F.S.; authorizing the board

12         to enter into a partnership with any county

13         which is contiguous to the existing service

14         area; prohibiting the Central Florida Regional

15         Transportation Authority from hiring a

16         permanent executive director until appointments

17         to the authority's governing board have been

18         filled; amending s. 427.013, F.S.; authorizing

19         the Commission for the Transportation

20         Disadvantaged to adopt rules relating to

21         development of operational standards; amending

22         s. 427.0135, F.S.; granting authority for rules

23         adopted by the commission relating to member

24         departments; amending s. 427.015, F.S.;

25         granting authority for rules adopted by the

26         commission to community transportation

27         coordinators; amending s. 479.01, F.S.;

28         revising the definition of the term "premises";

29         amending s. 479.16, F.S.; revising language

30         with respect to signs for which permits are not

31         required; creating s. 552.30, F.S., relating to

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                                                   HOUSE AMENDMENT

    hbd-32                                  Bill No. CS for SB 772

    Amendment No. ___ (for drafter's use only)





  1         construction materials mining activities;

  2         providing authority of the State Fire Marshal;

  3         providing for the State Fire Marshal to

  4         establish certain limits; creating s. 325.205,

  5         F.S.; directing the Department of Environmental

  6         Protection to submit a revision to Florida's

  7         State Implementation Plan to the United States

  8         Environmental Protection Agency; repealing ss.

  9         325.001, 325.201, 325.202, 325.203, 325.204,

10         325.206, 325.207, 325.2075, 325.208, 325.209,

11         325.210, 325.211, 325.212, 325.213, 325.2135,

12         325.214, 325.215, 325.216, 325.217, 325.218,

13         and 325.219, F.S., which provide for inspection

14         of motor vehicle exhaust emissions; amending

15         ss. 316.2935 and 320.055, F.S.; correcting

16         cross references to conform to the act;

17         providing effective dates.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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