House Bill 0893

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    Florida House of Representatives - 2000                 HB 893

        By Representative K. Smith






  1                      A bill to be entitled

  2         An act relating to the Department of

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

  4         providing that one of the responsibilities of

  5         the Assistant Secretary for Transportation

  6         Policy shall be the administration of motor

  7         carrier compliance and safety; removing that

  8         responsibility from the Assistant Secretary for

  9         District Operations; providing for an Office of

10         Motor Carrier Compliance; amending s. 206.608,

11         F.S.; revising language with respect to the

12         State Comprehensive Enhanced Transportation

13         System; revising the requirements for the use

14         of certain proceeds; amending s. 215.615, F.S.;

15         correcting a cross reference; amending s.

16         316.193, F.S.; providing for the impoundment or

17         immobilization of all vehicles owned by certain

18         persons who have a second or third conviction

19         within a certain time period for DUI; amending

20         s. 316.1936, F.S.; providing a definition;

21         providing a penalty for the unlawful possession

22         or consumption of alcoholic beverages in a

23         parked motor vehicle; amending s. 316.302,

24         F.S.; revising language with respect to

25         commercial motor vehicles; providing for

26         enforcement by law enforcement officers;

27         amending ss. 316.516 and 316.545, F.S.;

28         conforming language to the act to provide

29         reference to enforcement by law enforcement

30         officers; amending s. 316.610, F.S.; revising

31         language with respect to the safety inspection

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  1         of certain vehicles to delete reference to an

  2         inspection by the department or self-inspection

  3         under certain circumstances; amending s.

  4         330.30, F.S.; revising language with respect to

  5         airport sites and licensing of airports;

  6         correcting a cross reference; amending s.

  7         334.044, F.S.; providing additional powers of

  8         the department; amending s. 335.141, F.S.;

  9         deleting language authorizing the department to

10         regulate the speed limits of railroad traffic

11         on a municipal, county, regional, or statewide

12         basis; amending s. 337.11, F.S.; revising

13         requests with respect to design-build contracts

14         to require the vesting of certain easements and

15         rights-of-way; amending s. 337.14, F.S.;

16         increasing the time period during which a

17         certificate of qualification for certain

18         construction contracts will be valid; amending

19         s. 338.161, F.S.; providing for the authority

20         of the department to advertise and promote toll

21         facilities; amending s. 338.223, F.S.;

22         correcting a cross reference; amending s.

23         339.12, F.S.; increasing the maximum monetary

24         amount allowable with respect to project

25         agreements or project phases not included in

26         the adopted work program; amending s. 339.135,

27         F.S.; revising language with respect to the

28         tentative work program to remove certain

29         language with respect to advanced right-of-way

30         acquisition; amending s. 339.155, F.S.;

31         revising language with respect to procedures

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  1         for public participation in transportation

  2         planning; creating s. 339.55, F.S.; providing

  3         for the creation of a state-funded

  4         infrastructure bank within the department;

  5         amending s. 341.031, F.S.; correcting cross

  6         references; revising language to delete

  7         reference to the major capital investment

  8         policy; amending s. 341.051, F.S.; removing

  9         language with respect to the administration and

10         financing of public transit programs and

11         projects which relate to a capital investment

12         policy; creating s. 341.054, F.S.; creating a

13         fast-track economic growth transportation

14         program within the department; providing for

15         administration; providing for eligible

16         projects; providing for limitations; amending

17         s. 341.302, F.S.; conforming to the act to

18         remove reference to regulation of maximum train

19         speeds; amending s. 373.4137, F.S.; including

20         reference to the tentative work program rather

21         than the adopted work program with respect to

22         environmental impact inventories concerning

23         certain mitigation requirements; providing

24         effective dates.

25

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

27

28         Section 1.  Paragraphs (c) and (d) of subsection (3) of

29  section 20.23, Florida Statutes, are amended to read:

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  1         20.23  Department of Transportation.--There is created

  2  a Department of Transportation which shall be a decentralized

  3  agency.

  4         (3)

  5         (c)  The secretary shall appoint an Assistant Secretary

  6  for Transportation Policy, an Assistant Secretary for Finance

  7  and Administration, and an Assistant Secretary for District

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

  9  secretary.  The positions are responsible for developing,

10  monitoring, and enforcing policy and managing major technical

11  programs.  The responsibilities and duties of these positions

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

13  areas:

14         1.  Assistant Secretary for Transportation Policy.--

15         a.  Development of the Florida Transportation Plan and

16  other policy planning;

17         b.  Development of statewide modal systems plans,

18  including public transportation systems;

19         c.  Design of transportation facilities;

20         d.  Construction of transportation facilities; and

21         e.  Acquisition and management of transportation

22  rights-of-way; and.

23         f.  Administration of motor carrier compliance and

24  safety.

25         2.  Assistant Secretary for District Operations.--

26         a.  Administration of the eight districts; and

27         b.  Implementation of the decentralization of the

28  department.; and

29         c.  Administration of motor carrier compliance and

30  safety.

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  1         3.  Assistant Secretary for Finance and

  2  Administration.--

  3         a.  Financial planning and management;

  4         b.  Information systems;

  5         c.  Accounting systems;

  6         d.  Administrative functions; and

  7         e.  Administration of toll operations.

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

  9  established within the central office for the purposes of:

10         a.  Developing policy and procedures and monitoring

11  performance to ensure compliance with these policies and

12  procedures;

13         b.  Performing statewide activities which it is more

14  cost-effective to perform in a central location;

15         c.  Assessing and ensuring the accuracy of information

16  within the department's financial management information

17  systems; and

18         d.  Performing other activities of a statewide nature.

19         2.  The following offices are established and shall be

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

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

22  classified at a level equal to a division director:

23         a.  The Office of Administration;

24         b.  The Office of Policy Planning;

25         c.  The Office of Design;

26         d.  The Office of Highway Operations;

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

28         f.  The Office of Toll Operations; and

29         g.  The Office of Information Systems; and.

30         h.  The Office of Motor Carrier Compliance.

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  1         3.  Other offices may be established in accordance with

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

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

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

  5  legislative authority.

  6         4.  During the construction of a major transportation

  7  improvement project or as determined by the district

  8  secretary, the department may provide assistance to a business

  9  entity significantly impacted by the project if the entity is

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

11  prior to the beginning of construction and has direct or

12  shared access to the transportation project being constructed.

13  The assistance program shall be in the form of additional

14  guarantees to assist the impacted business entity in receiving

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

16  instance shall the combined guarantees be greater than 90

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

18  implement this subparagraph.

19         Section 2.  Effective July 1, 2005, subsection (2) of

20  section 206.608, Florida Statutes, is amended to read:

21         206.608  State Comprehensive Enhanced Transportation

22  System Tax.--Moneys received pursuant to ss. 206.41(1)(f) and

23  206.87(1)(d) shall be deposited in the Fuel Tax Collection

24  Trust Fund, and, after deducting the service charge imposed in

25  chapter 215 and administrative costs incurred by the

26  department in collecting, administering, enforcing, and

27  distributing the tax, which administrative costs may not

28  exceed 2 percent of collections, shall be distributed as

29  follows:

30         (2)  The remaining proceeds of the tax levied pursuant

31  to s. 206.41(1)(f) and all of the proceeds from the tax

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  1  imposed by s. 206.87(1)(d) shall be transferred into the State

  2  Transportation Trust Fund, and 50 percent of such transfers

  3  may be used only for projects in the adopted work program in

  4  the district in which the tax proceeds are collected and, to

  5  the maximum extent feasible, such moneys shall be programmed

  6  for use in the county where collected. The remaining 50

  7  percent of such transfers shall be used for projects on the

  8  Florida Intrastate Highway System Plan established pursuant to

  9  s. 338.001. However, No revenue from the taxes imposed

10  pursuant to ss. 206.41(1)(f) and 206.87(1)(d) in a county

11  shall be expended unless the projects funded with such

12  revenues have been included in the work program adopted

13  pursuant to s. 339.135.

14         Section 3.  Subsection (1) of section 215.615, Florida

15  Statutes, is amended to read:

16         215.615  Fixed-guideway transportation systems

17  funding.--

18         (1)  The issuance of revenue bonds by the Division of

19  Bond Finance, on behalf of the Department of Transportation,

20  pursuant to s. 11, Art. VII of the State Constitution, is

21  authorized, pursuant to the State Bond Act, to finance or

22  refinance fixed capital expenditures for fixed-guideway

23  transportation systems, as defined in s. 341.031, including

24  facilities appurtenant thereto, costs of issuance, and other

25  amounts relating to such financing or refinancing. Such

26  revenue bonds shall be matched on a 50-50 basis with funds

27  from sources other than revenues of the Department of

28  Transportation, in a manner acceptable to the Department of

29  Transportation. The Division of Bond Finance is authorized to

30  consider innovative financing technologies which may include,

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  1  but are not limited to, innovative bidding and structures of

  2  potential findings that may result in negotiated transactions.

  3         (a)  The department and any participating commuter rail

  4  authority or regional transportation authority established

  5  under chapter 343, local governments, or local governments

  6  collectively by interlocal agreement having jurisdiction of a

  7  fixed-guideway transportation system may enter into an

  8  interlocal agreement to promote the efficient and

  9  cost-effective financing or refinancing of fixed-guideway

10  transportation system projects by revenue bonds issued

11  pursuant to this subsection. The terms of such interlocal

12  agreements shall include provisions for the Department of

13  Transportation to request the issuance of the bonds on behalf

14  of the parties; shall provide that each party to the agreement

15  is contractually liable for an equal share of funding an

16  amount equal to the debt service requirements of such bonds;

17  and shall include any other terms, provisions, or covenants

18  necessary to the making of and full performance under such

19  interlocal agreement. Repayments made to the department under

20  any interlocal agreement are not pledged to the repayment of

21  bonds issued hereunder, and failure of the local governmental

22  authority to make such payment shall not affect the obligation

23  of the department to pay debt service on the bonds.

24         (b)  Revenue bonds issued pursuant to this subsection

25  shall not constitute a general obligation of, or a pledge of

26  the full faith and credit of, the State of Florida. Bonds

27  issued pursuant to this section shall be payable from funds

28  available pursuant to s. 206.46(3), subject to annual

29  appropriation.  The amount of revenues available for debt

30  service shall never exceed a maximum of 2 percent of all state

31  revenues deposited into the State Transportation Trust Fund.

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  1         (c)  The projects to be financed or refinanced with the

  2  proceeds of the revenue bonds issued hereunder are designated

  3  as state fixed capital outlay projects for purposes of s.

  4  11(d), Art. VII of the State Constitution, and the specific

  5  projects to be financed or refinanced shall be determined by

  6  the Department of Transportation in accordance with state law

  7  and appropriations from the State Transportation Trust Fund.

  8  Each project to be financed with the proceeds of the bonds

  9  issued pursuant to this subsection must first be approved by

10  the Legislature by an act of general law.

11         (d)  Any complaint for validation of bonds issued

12  pursuant to this section shall be filed in the circuit court

13  of the county where the seat of state government is situated,

14  the notice required to be published by s. 75.06 shall be

15  published only in the county where the complaint is filed, and

16  the complaint and order of the circuit court shall be served

17  only on the state attorney of the circuit in which the action

18  is pending.

19         (e)  The state does hereby covenant with holders of

20  such revenue bonds or other instruments of indebtedness issued

21  hereunder, that it will not repeal or impair or amend these

22  provisions in any manner that will materially and adversely

23  affect the rights of such holders as long as bonds authorized

24  by this subsection are outstanding.

25         (f)  This subsection supersedes any inconsistent

26  provisions in existing law.

27

28  Notwithstanding this subsection, the lien of revenue bonds

29  issued pursuant to this subsection on moneys deposited into

30  the State Transportation Trust Fund shall be subordinate to

31  the lien on such moneys of bonds issued under ss. 215.605,

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  1  320.20, and 215.616, and any pledge of such moneys to pay

  2  operating and maintenance expenses under s. 206.46(5)

  3  subsection (5) and chapter 348, as may be amended.

  4         Section 4.  Paragraphs (b), (c), and (g) of subsection

  5  (6) of section 316.193, Florida Statutes, are amended to read:

  6         316.193  Driving under the influence; penalties.--

  7         (6)  With respect to any person convicted of a

  8  violation of subsection (1), regardless of any penalty imposed

  9  pursuant to subsection (2), subsection (3), or subsection (4):

10         (b)  For the second conviction for an offense that

11  occurs within a period of 5 years after the date of a prior

12  conviction for violation of this section, the court shall

13  order imprisonment for not less than 10 days. The court must

14  also, as a condition of probation, order the impoundment or

15  immobilization of all vehicles owned by the defendant the

16  vehicle that was operated by or in the actual control of the

17  defendant or any one vehicle registered in the defendant's

18  name at the time of impoundment or immobilization, for a

19  period of 30 days or for the unexpired term of any lease or

20  rental agreement that expires within 30 days. The impoundment

21  or immobilization must not occur concurrently with the

22  driver's license revocation imposed under s. 322.28(2)(a)2

23  incarceration of the defendant.  The impoundment or

24  immobilization order may be dismissed in accordance with

25  paragraph (e), paragraph (f), or paragraph (g).  At least 48

26  hours of confinement must be consecutive.

27         (c)  For the third or subsequent conviction for an

28  offense that occurs within a period of 10 years after the date

29  of a prior conviction for violation of this section, the court

30  shall order imprisonment for not less than 30 days. The court

31  must also, as a condition of probation, order the impoundment

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  1  or immobilization of all vehicles owned by the defendant the

  2  vehicle that was operated by or in the actual control of the

  3  defendant or any one vehicle registered in the defendant's

  4  name at the time of impoundment or immobilization, for a

  5  period of 90 days or for the unexpired term of any lease or

  6  rental agreement that expires within 90 days. The impoundment

  7  or immobilization must not occur concurrently with the

  8  driver's license revocation imposed under s. 322.28(2)(a)3

  9  incarceration of the defendant.  The impoundment or

10  immobilization order may be dismissed in accordance with

11  paragraph (e), paragraph (f), or paragraph (g). At least 48

12  hours of confinement must be consecutive.

13         (g)  The court shall also dismiss the order of

14  impoundment or immobilization of one the vehicle if the court

15  finds that the family of the owner of the vehicle has no other

16  private or public means of transportation.

17         Section 5.  Subsections (1) and (2) of section

18  316.1936, Florida Statutes, are amended to read:

19         316.1936  Possession of open containers of alcoholic

20  beverages in vehicles prohibited; penalties.--

21         (1)  As used in this section:,

22         (a)  "Open container" means any container of alcoholic

23  beverage which is immediately capable of being consumed from,

24  or the seal of which has been broken; and.

25         (b)  "Road" means a way open to travel by the public,

26  including, but not limited to, a street, highway, or alley.

27  The term includes associated sidewalks, the roadbed, the

28  right-of-way, and all culverts, drains, sluices, ditches,

29  water storage areas, waterways, embankments, slopes, retaining

30  walls, bridges, tunnels, and viaducts necessary for the

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  1  maintenance of travel and all ferries used in connection

  2  therewith.

  3         (2)(a)  It is unlawful and punishable as provided in

  4  this section for any person to possess an open container of an

  5  alcoholic beverage or consume an alcoholic beverage while

  6  operating a vehicle in the state or while a passenger in or on

  7  a vehicle being operated in the state.

  8         (b)  It is unlawful and punishable as provided in this

  9  section for any person to possess an open container of an

10  alcoholic beverage or consume an alcoholic beverage while

11  seated in or on a motor vehicle which is parked or stopped

12  within a road as herein defined.

13         (6)  Any operator of a vehicle who violates this

14  section is guilty of a noncriminal moving traffic violation,

15  punishable as provided in chapter 318. A passenger of a

16  vehicle who violates this section is guilty of a nonmoving

17  traffic violation, punishable as provided in chapter 318.

18         (7)  A county or municipality may adopt an ordinance

19  which imposes more stringent restrictions on the possession of

20  alcoholic beverages in vehicles than those imposed by this

21  section.

22         Section 6.  Paragraph (b) of subsection (1) and

23  subsections (5) and (8) of section 316.302, Florida Statutes,

24  are amended to read:

25         316.302  Commercial motor vehicles; safety regulations;

26  transporters and shippers of hazardous materials;

27  enforcement.--

28         (1)

29         (b)  Except as otherwise provided in this section, all

30  owners or drivers of commercial motor vehicles that are

31  engaged in intrastate commerce are subject to the rules and

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  1  regulations contained in 49 C.F.R. parts 382, 385, and

  2  390-397, with the exception of 49 C.F.R. s. 390.5 as it

  3  relates to the definition of bus, as such rules and

  4  regulations existed on March 1, 2000 1999.

  5         (5)  The Department of Transportation may adopt and

  6  revise rules to assure the safe operation of commercial motor

  7  vehicles. The Department of Transportation may enter into

  8  cooperative agreements as provided in 49 C.F.R. part 388.

  9  Department of Transportation personnel may conduct motor

10  carrier and shipper terminal audits only for the purpose of

11  determining compliance with 49 C.F.R. parts 171, 172, 173,

12  177, 178, 180, 382, 385, 391, 393, 396, and 397; 49 C.F.R. s.

13  395.1(e)(5); and s. 627.7415.

14         (8)  Any law enforcement officer agent of the

15  Department of Transportation described in s. 316.545(9), any

16  member of the Florida Highway Patrol, or any person employed

17  by a sheriff's office or municipal police department who is

18  authorized to enforce the traffic laws of this state pursuant

19  to s. 316.640 may enforce the provisions of this section.  Any

20  officer of the Department of Transportation described in s.

21  316.545(9), any member of the Florida Highway Patrol, or any

22  law enforcement officer who is employed by a sheriff's office

23  or municipal police department authorized to enforce the

24  traffic laws of this state pursuant to s. 316.640, who has

25  reason to believe that a vehicle or driver is operating in an

26  unsafe condition, may require the driver to stop and submit to

27  an inspection of the vehicle or the driver's records.  Any

28  person who fails to comply with an officer's request to submit

29  to an inspection under this subsection is guilty of a

30  violation of s. 843.02 if the driver resists the officer

31  without violence or a violation of s. 843.01 if the driver

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  1  resists the officer with violence.  If the vehicle is found to

  2  be in an unsafe condition, or if any required part or

  3  equipment is not present or is not in proper repair or

  4  adjustment, and the continued operation would probably present

  5  an unduly hazardous operating condition, the officer may

  6  require the vehicle to be immediately repaired or removed from

  7  use. However, if continued operation would not present an

  8  unduly hazardous operating condition, the officer may give

  9  written notice to require proper repair and adjustment of the

10  vehicle within 14 days.

11         Section 7.  Subsection (1) of section 316.516, Florida

12  Statutes, is amended to read:

13         316.516  Width, height, and length; inspection;

14  penalties.--

15         (1)  Any law enforcement officer, as prescribed in s.

16  316.640, or any weight and safety officer of the Department of

17  Transportation, as prescribed in s. 316.545(1), who has reason

18  to believe that the width, height, or length of a vehicle or

19  combination of vehicles and the load thereon is not in

20  conformance with s. 316.515 is authorized to require the

21  driver to stop and submit such vehicle and load to measurement

22  of its width, height, or length.

23         Section 8.  Subsections (1) and (9) of section 316.545,

24  Florida Statutes, are amended to read:

25         316.545  Weight and load unlawful; special fuel and

26  motor fuel tax enforcement; inspection; penalty; review.--

27         (1)  Any law enforcement weight and safety officer of

28  the Department of Transportation having reason to believe that

29  the weight of a vehicle and load is unlawful is authorized to

30  require the driver to stop and submit to a weighing of the

31  same by means of either portable or fixed scales and may

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  1  require that such vehicle be driven to the nearest weigh

  2  station or public scales, provided such a facility is within 5

  3  highway miles.  Upon a request by the vehicle driver, the

  4  officer shall weigh the vehicle at fixed scales rather than by

  5  portable scales if such a facility is available within 5

  6  highway miles.  Anyone who refuses to submit to such weighing

  7  obstructs an officer pursuant to s. 843.02 and is guilty of a

  8  misdemeanor of the first degree, punishable as provided in s.

  9  775.082 or s. 775.083.  Anyone who knowingly and willfully

10  resists, obstructs, or opposes a law enforcement weight and

11  safety officer while refusing to submit to such weighing by

12  resisting the officer with violence to the officer's person

13  pursuant to s. 843.01 is guilty of a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         (9)  Any agent of the Department of Transportation who

17  is employed as a for the purpose of being a weight and safety

18  officer and who meets the qualifications established by law

19  for law enforcement officer officers shall have the same

20  arrest powers as are granted any law enforcement officer.

21  However, the primary for the purpose of such law enforcement

22  officer shall be the enforcement enforcing the provisions of

23  weight, load, safety, commercial motor vehicle registration,

24  and fuel tax compliance laws.

25         Section 9.  Subsection (3) of section 316.610, Florida

26  Statutes, is amended to read:

27         316.610  Safety of vehicle; inspection.--It is a

28  violation of this chapter for any person to drive or move, or

29  for the owner or his or her duly authorized representative to

30  cause or knowingly permit to be driven or moved, on any

31  highway any vehicle or combination of vehicles which is in

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  1  such unsafe condition as to endanger any person or property,

  2  or which does not contain those parts or is not at all times

  3  equipped with such lamps and other equipment in proper

  4  condition and adjustment as required in this chapter, or which

  5  is equipped in any manner in violation of this chapter, or for

  6  any person to do any act forbidden or fail to perform any act

  7  required under this chapter.

  8         (3)  Any person, firm, or corporation owning or

  9  operating a commercial motor vehicle registered in this state,

10  which vehicle is engaged in interstate commerce and subject to

11  United States Department of Transportation safety regulations,

12  may request that such vehicle be inspected by the Department

13  of Transportation.  If such vehicle is found to comply with

14  the safety equipment requirements of this chapter, the

15  Department of Transportation shall issue a safety inspection

16  certificate valid for 6 months. The Department of

17  Transportation shall charge a fee of $25 for each such

18  inspection that it performs.  The Department of Transportation

19  may designate any person, firm, or corporation owning or

20  operating at least five vehicles as a self-inspector for the

21  purpose of inspecting the safety equipment of the vehicles.

22         Section 10.  Paragraph (a) of subsection (1) and

23  paragraph (a) of subsection (2) of section 330.30, Florida

24  Statutes, are amended to read:

25         330.30  Approval of airport sites and licensing of

26  airports; fees.--

27         (1)  SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE

28  PERIOD, REVOCATION.--

29         (a)  Except as provided in paragraph (2)(c) and

30  subsection (3), the owner or lessee of any proposed airport

31  shall, prior to the acquisition of the site or prior to the

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  1  construction or establishment of the proposed airport, obtain

  2  approval of the airport site from the department.  An

  3  application Applications for approval of a site and for an

  4  original license shall be jointly made on a form prescribed by

  5  the department and shall be accompanied by a site approval fee

  6  of $100. The department, after inspection of the airport site,

  7  shall grant the site approval if it is satisfied:

  8         1.  That the site is adequate for the proposed airport;

  9         2.  That the proposed airport, if constructed or

10  established, will conform to minimum standards of safety and

11  will comply with applicable county or municipal zoning

12  requirements;

13         3.  That all nearby airports, municipalities, and

14  property owners have been notified and any comments submitted

15  by them have been given adequate consideration; and

16         4.  That safe air-traffic patterns can be worked out

17  for the proposed airport and for all existing airports and

18  approved airport sites in its vicinity.

19         (2)  LICENSES; REQUIREMENTS, FEES, RENEWAL,

20  REVOCATION.--

21         (a)  Except as provided in subsection (3), the owner or

22  lessee of an airport in this state must obtain a license prior

23  to the operation of aircraft on the airport.  An application

24  for such license shall be made on a form prescribed by the

25  department and shall be accomplished jointly with an

26  application for site approval.  Upon completing granting site

27  approval, making a favorable final airport inspection report

28  indicating compliance with all license requirements, and

29  receiving the appropriate license fee, the department shall

30  issue a license to the applicant, subject to any reasonable

31

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  1  conditions that the department may deem necessary to protect

  2  the public health, safety, or welfare.

  3         Section 11.  Subsection (5) of section 334.044, Florida

  4  Statutes, is amended to read:

  5         334.044  Department; powers and duties.--The department

  6  shall have the following general powers and duties:

  7         (5)  To purchase, lease, or otherwise acquire

  8  property;, materials, including the purchase of promotional

  9  items as part of public information and education campaigns

10  for the promotion of traffic and train safety awareness,

11  alternatives to single-occupant vehicle travel, and commercial

12  motor vehicle safety; equipment;, and supplies, and to sell,

13  exchange, or otherwise dispose of any property which is no

14  longer needed by the department.

15         Section 12.  Subsection (3) of section 335.141, Florida

16  Statutes, is amended to read:

17         335.141  Regulation of public railroad-highway grade

18  crossings; reduction of hazards.--

19         (3)  The department is authorized to regulate the speed

20  limits of railroad traffic on a municipal, county, regional,

21  or statewide basis.  Such speed limits shall be established by

22  order of the department, which order is subject to the

23  provisions of chapter 120.  The department shall have the

24  authority to adopt reasonable rules to carry out the

25  provisions of this subsection. Such rules shall, at a minimum,

26  provide for public input prior to the issuance of any such

27  order.

28         Section 13.  Paragraph (a) of subsection (7) of section

29  337.11, Florida Statutes, is amended to read:

30         337.11  Contracting authority of department; bids;

31  emergency repairs, supplemental agreements, and change orders;

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  1  combined design and construction contracts; progress payments;

  2  records; requirements of vehicle registration.--

  3         (7)(a)  If the head of the department determines that

  4  it is in the best interests of the public, the department may

  5  combine the design, right-of-way, and construction phases of a

  6  building, a major bridge, or a rail corridor project into a

  7  single contract. Such contract is referred to as a

  8  design-build contract. Design-build contracts may be

  9  advertised and awarded notwithstanding the requirements of

10  paragraph (3)(c). However, construction activities may not

11  begin on any portion of such projects until title to all

12  necessary rights-of-way and easements for the construction of

13  such portion of the project has vested in the state or a local

14  governmental entity and any railroad crossing or utility

15  agreement applicable to such portion of the project has been

16  executed. Title to rights-of-way shall be deemed to have been

17  vested in the state when such title has been dedicated to the

18  public or acquired by prescription.

19         Section 14.  Subsection (4) of section 337.14, Florida

20  Statutes, is amended to read:

21         337.14  Application for qualification; certificate of

22  qualification; restrictions; request for hearing.--

23         (4)  If the applicant is found to possess the

24  prescribed qualifications, the department shall issue to him

25  or her a certificate of qualification which, unless thereafter

26  revoked by the department for good cause, will be valid for a

27  period of 18 16 months from the date of the applicant's

28  financial statement or such shorter period as the department

29  may prescribe.  In the event the department finds that an

30  application is incomplete or contains inadequate information

31  or information which cannot be verified, the department may

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  1  request in writing that the applicant provide the necessary

  2  information to complete the application or provide the source

  3  from which any information in the application may be verified.

  4  If the applicant fails to comply with the initial written

  5  request within a reasonable period of time as specified

  6  therein, the department shall request the information a second

  7  time.  If the applicant fails to comply with the second

  8  request within a reasonable period of time as specified

  9  therein, the application shall be denied.

10         Section 15.  Subsection (1) of section 338.161, Florida

11  Statutes, is amended to read:

12         338.161  Authority of department to advertise and

13  promote electronic toll collection.--

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

15  paid advertising, marketing, and promotion of toll facilities

16  and electronic toll collection products and services.

17  Promotions may include discounts and free products.

18         Section 16.  Paragraph (b) of subsection (1) of section

19  338.223, Florida Statutes, is amended to read:

20         338.223  Proposed turnpike projects.--

21         (1)

22         (b)  Any proposed turnpike project or improvement shall

23  be developed in accordance with the Florida Transportation

24  Plan and the work program pursuant to s. 339.135.  Turnpike

25  projects that add capacity, alter access, affect feeder roads,

26  or affect the operation of the local transportation system

27  shall be included in the transportation improvement plan of

28  the affected metropolitan planning organization.  If such

29  turnpike project does not fall within the jurisdiction of a

30  metropolitan planning organization, the department shall

31

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  1  notify the affected county and provide for public hearings in

  2  accordance with s. 339.155(6)(c), (d), (e), and (f).

  3         Section 17.  Paragraph (c) of subsection (4) of section

  4  339.12, Florida Statutes, is amended to read:

  5         339.12  Aid and contributions by governmental entities

  6  for department projects; federal aid.--

  7         (4)

  8         (c)  The department is authorized to enter into

  9  agreements under this subsection for a project or project

10  phase not included in the adopted work program.  As used in

11  this paragraph, the term "project phase" means acquisition of

12  rights-of-way, construction, construction inspection, and

13  related support phases.  The project or project phase must be

14  a high priority of the governmental entity.  Reimbursement for

15  a project or project phase must be made from funds

16  appropriated by the Legislature pursuant to s. 339.135(5). All

17  other provisions of this subsection apply to agreements

18  entered into under this paragraph.  At no time shall the total

19  amount of project agreements for projects or project phases

20  not included in the adopted work program exceed $100 $50

21  million.

22         Section 18.  Paragraph (b) of subsection (4) of section

23  339.135, Florida Statutes, is amended to read:

24         339.135  Work program; legislative budget request;

25  definitions; preparation, adoption, execution, and

26  amendment.--

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

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

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

30  prepared for the State Transportation Trust Fund and other

31  funds managed by the department, unless otherwise provided by

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

  2  district work programs and shall set forth all projects by

  3  phase to be undertaken during the ensuing fiscal year and

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

  5  the liabilities accruing in each fiscal year of the tentative

  6  work program may not exceed the revenues available for

  7  expenditure during the respective fiscal year based on the

  8  cash forecast for that respective fiscal year.

  9         2.  The tentative work program shall be developed in

10  accordance with the Florida Transportation Plan required in s.

11  339.155 and must comply with the program funding levels

12  contained in the program and resource plan.

13         3.  The tentative work program must specifically

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

15  separately allocate funds for advanced right-of-way

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

17  337.276.  Each right-of-way phase that is to be funded through

18  these programs shall be specifically identified in the work

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

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

21  identified.

22         3.4.  The department may include in the tentative work

23  program proposed changes to the programs contained in the

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

25  however, the department shall minimize changes and adjustments

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

27  fiscal years contained in the previous adopted work program

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

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

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

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

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  1  specifically determines that it is necessary, for specific

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

  3  that year.  Such changes and adjustments shall be clearly

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

  5  contained in the previous adopted work program and the

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

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

  8  program stand as the commitment of the state to undertake

  9  transportation projects that local governments may rely on for

10  planning purposes and in the development and amendment of the

11  capital improvements elements of their local government

12  comprehensive plans.

13         4.5.  The tentative work program must include a

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

15  5-year finance plan supporting the tentative work program.

16         Section 19.  Subsection (6) of section 339.155, Florida

17  Statutes, is amended to read:

18         339.155  Transportation planning.--

19         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

20  TRANSPORTATION PLANNING.--

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

22  of the Florida Transportation Plan and prior to substantive

23  revisions, the department shall provide citizens, affected

24  public agencies, representatives of transportation agency

25  employees, other affected employee representatives, private

26  providers of transportation, and other known interested

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

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

29  publishing a notice in the Florida Administrative Weekly and

30  within a newspaper of general circulation within the area of

31  each department district office.

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  1         (b)  During development of major transportation

  2  improvements, such as those increasing the capacity of an

  3  existing a facility through the addition of new through lanes

  4  or providing new access to a limited or controlled access

  5  facility or construction of a facility in a new location, the

  6  department shall hold at least one public hearing. The public

  7  hearing on new access to a limited or controlled access

  8  facility or construction of a facility in a new location shall

  9  be held or more hearings prior to the selection of the

10  facility to be provided and; prior to the formal selection of

11  the site or corridor of the proposed facility; and prior to

12  the selection of the location and commitment to a specific

13  design concept proposal for the proposed facility. Such public

14  hearings shall be conducted so as to provide an opportunity

15  for effective participation by interested persons in the

16  process of transportation planning and site and route

17  selection and in the specific location and design of

18  transportation facilities. The various engineering, community,

19  and environmental factors involved in the evaluation of

20  location and conceptual design decision or decisions and any

21  alternative proposals shall be clearly presented so that the

22  persons attending the public hearing may present their views

23  relating to the decision or decisions which will be made.

24         (c)  Opportunity for design hearings:

25         (c)1.  The department, prior to holding a location and

26  conceptual design hearing, shall duly notify notice all

27  affected property owners of record, as recorded in the

28  property appraiser's office, by mail at least 20 days prior to

29  the date set for the public hearing.  The affected property

30  owners shall be:

31

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

  2  within 300 feet on either side of the centerline of any viable

  3  alternative the proposed facility.

  4         2.b.  Those who the department determines will be

  5  substantially affected environmentally, economically,

  6  socially, or safetywise.

  7         (d)2.  For each location and conceptual design

  8  subsequent hearing and subsequent public hearings, the

  9  department shall daily publish notice at least 14 days

10  immediately prior to the public hearing date in a newspaper of

11  general circulation for the area affected. These notices shall

12  be published twice, with the first notice appearing at least

13  15 days, but no more than 30 days, prior to the public

14  hearing.

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

16  hearing must shall be maintained as a part of the public

17  hearing record furnished to the United States Department of

18  Transportation and to the appropriate departments of the state

19  government at the time of publication.

20         (e)4.  The opportunity for Another public hearing shall

21  be afforded in each any case in which when the proposed

22  location or design concept is locations or designs are so

23  changed from that those presented in the notices specified

24  above or at a previous public hearing so as to have a

25  substantially different social, economic, or environmental

26  effect.

27         (f)5.  The opportunity for A public hearing shall be

28  afforded in each case in which the department is in doubt as

29  to whether a public hearing is required.

30         Section 20.  Section 339.55, Florida Statutes, is

31  created to read:

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  1         339.55  State-funded infrastructure bank.--

  2         (1)  There is created within the Department of

  3  Transportation a state-funded infrastructure bank for the

  4  purpose of providing loans and credit enhancements to

  5  government units and private entities for use in constructing

  6  and improving highway and transportation facilities necessary

  7  for public purposes.

  8         (2)  The bank may lend capital costs or provide credit

  9  enhancements for a transportation project that is in the State

10  Highway System or that is demonstrated to relieve traffic

11  congestion on the State Highway System. Loans from the bank

12  may be subordinated to senior project debt that has an

13  investment grade rating of "BBB" or higher.

14         (3)  Loans from the bank may bear interest at or below

15  market interest rates, as determined by the department.

16  Repayment of any loan from the bank shall commence not later

17  than 5 years after the project has been completed or, in the

18  case of a highway project, the facility has opened to traffic,

19  whichever is later, and shall be repaid in no more than 30

20  years.

21         (4)  To be eligible for consideration, projects must be

22  consistent, to the maximum extent feasible, with local

23  metropolitan planning organization plans and local government

24  comprehensive plans and must provide a dedicated repayment

25  source to ensure the loan is repaid to the bank.

26         (5)  The department may consider, but is not limited

27  to, the following criteria for evaluation of projects for

28  assistance from the bank:

29         (a)  The credit worthiness of the project.

30         (b)  A demonstration that the project will encourage,

31  enhance, or create economic benefits.

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  1         (c)  The likelihood that assistance would enable the

  2  project to proceed at an earlier date than would otherwise be

  3  possible.

  4         (d)  The extent to which assistance would foster

  5  innovative public-private partnerships and attract private

  6  debt or equity investment.

  7         (e)  The extent to which the project would use new

  8  technologies, including intelligent transportation systems,

  9  that would enhance the efficiency of the project.

10         (f)  The extent to which the project would maintain or

11  protect the environment.

12         (g)  A demonstration that the project includes

13  transportation benefits for improving intermodalism and

14  safety.

15         (h)  The amount of the proposed assistance as a

16  percentage of the overall project costs with encouragement for

17  local and private participation.

18         (6)  Loan assistance provided by the bank shall be

19  included in the department's work program developed in

20  accordance with s. 339.135.

21         Section 21.  Subsections (8) and (10) of section

22  341.031, Florida Statutes, are amended to read:

23         341.031  Definitions.--As used in ss. 341.011-341.061,

24  the term:

25         (8)  "Public transit service development project" means

26  a project undertaken by a public agency to determine whether a

27  new or innovative technique or measure can be utilized to

28  improve or expand public transit services to its constituency.

29  The duration of the project shall be limited according to the

30  type of the project in conformance with the provisions of s.

31  341.051(5)(e)(f), but in no case shall exceed a period of 3

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  1  years.  Public transit service development projects

  2  specifically include projects involving the utilization of new

  3  technologies, services, routes, or vehicle frequencies; the

  4  purchase of special transportation services; and other such

  5  techniques for increasing service to the riding public as are

  6  applicable to specific localities and transit user groups.

  7         (10)  "Transit corridor project" means a project that

  8  is undertaken by a public agency and designed to relieve

  9  congestion and improve capacity within an identified

10  transportation corridor by increasing people-carrying capacity

11  of the system through the use and facilitated movement of

12  high-occupancy conveyances.  Each transit corridor project

13  must meet the requirements established in s. 341.051(5)(d)(e)

14  and, if applicable, the requirements of the department's major

15  capital investment policy developed pursuant to s.

16  341.051(5)(b).  Initial project duration shall not exceed a

17  period of 2 years unless the project is reauthorized by the

18  Legislature.  Such reauthorization shall be based upon a

19  determination that the project is meeting or exceeding the

20  criteria, developed pursuant to s. 341.051(5)(d)(e), by which

21  the success of the project is being judged and by inclusion of

22  the project in a departmental appropriation request.

23         Section 22.  Subsection (5) of section 341.051, Florida

24  Statutes, is amended to read:

25         341.051  Administration and financing of public transit

26  programs and projects.--

27         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

28         (a)  The department may fund up to 50 percent of the

29  nonfederal share of the costs, not to exceed the local share,

30  of any eligible public transit capital project or commuter

31  assistance project that is local in scope; except, however,

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  1  that departmental participation in the final design,

  2  right-of-way acquisition, and construction phases of an

  3  individual fixed-guideway project which is not approved for

  4  federal funding shall not exceed an amount equal to 12.5

  5  percent of the total cost of each phase.

  6         (b)  The Department of Transportation shall develop a

  7  major capital investment policy which shall include policy

  8  criteria and guidelines for the expenditure or commitment of

  9  state funds for public transit capital projects. The policy

10  shall include the following:

11         1.  Methods to be used to determine consistency of a

12  transit project with the approved local government

13  comprehensive plans of the units of local government in which

14  the project is located.

15         2.  Methods for evaluating the level of local

16  commitment to a transit project, which is to be demonstrated

17  through system planning and the development of a feasible plan

18  to fund operating cost through fares, value capture techniques

19  such as joint development and special districts, or other

20  local funding mechanisms.

21         3.  Methods for evaluating alternative transit systems

22  including an analysis of technology and alternative methods

23  for providing transit services in the corridor.

24         (b)(c)  The department is authorized to fund up to 100

25  percent of the cost of any eligible transit capital project or

26  commuter assistance project that is statewide in scope or

27  involves more than one county where no other governmental

28  entity or appropriate jurisdiction exists.

29         (c)(d)  The department is authorized to advance up to

30  80 percent of the capital cost of any eligible project that

31  will assist Florida's transit systems in becoming fiscally

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  1  self-sufficient.  Such advances shall be reimbursed to the

  2  department on an appropriate schedule not to exceed 5 years

  3  after the date of provision of the advances.

  4         (d)(e)  The department is authorized to fund up to 100

  5  percent of the capital and net operating costs of statewide

  6  transit service development projects or transit corridor

  7  projects.  All transit service development projects shall be

  8  specifically identified by way of a departmental appropriation

  9  request, and transit corridor projects shall be identified as

10  part of the planned improvements on each transportation

11  corridor designated by the department.  The project

12  objectives, the assigned operational and financial

13  responsibilities, the timeframe required to develop the

14  required service, and the criteria by which the success of the

15  project will be judged shall be documented by the department

16  for each such transit service development project or transit

17  corridor project.

18         (e)(f)  The department is authorized to fund up to 50

19  percent of the capital and net operating costs of transit

20  service development projects that are local in scope and that

21  will improve system efficiencies, ridership, or revenues.  All

22  such projects shall be identified in the appropriation request

23  of the department through a specific program of projects, as

24  provided for in s. 341.041, that is selectively applied in the

25  following functional areas and is subject to the specified

26  times of duration:

27         1.  Improving system operations, including, but not

28  limited to, realigning route structures, increasing system

29  average speed, decreasing deadhead mileage, expanding area

30  coverage, and improving schedule adherence, for a period of up

31  to 3 years;

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  1         2.  Improving system maintenance procedures, including,

  2  but not limited to, effective preventive maintenance programs,

  3  improved mechanics training programs, decreasing service

  4  repair calls, decreasing parts inventory requirements, and

  5  decreasing equipment downtime, for a period of up to 3 years;

  6         3.  Improving marketing and consumer information

  7  programs, including, but not limited to, automated information

  8  services, organized advertising and promotion programs, and

  9  signing of designated stops, for a period of up to 2 years;

10  and

11         4.  Improving technology involved in overall

12  operations, including, but not limited to, transit equipment,

13  fare collection techniques, electronic data processing

14  applications, and bus locators, for a period of up to 2 years.

15

16  For purposes of this section, the term "net operating costs"

17  means all operating costs of a project less any federal funds,

18  fares, or other sources of income to the project.

19         Section 23.  Section 341.054, Florida Statutes, is

20  created to read:

21         341.054  Fast-track economic growth transportation

22  program; administration; eligible projects; limitations.--

23         (1)  There is created within the Department of

24  Transportation a fast-track economic growth transportation

25  program dedicated to catalyzing or accelerating transportation

26  projects which substantially impact the state's economic

27  competitiveness. The fast-track economic growth transportation

28  program shall be administered by the department.

29         (2)  Eligible projects shall include planning for,

30  design of, right-of-way acquisition for, or construction of

31  freight rail, passenger rail, transit, aviation, seaport,

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  1  spaceport, and intermodal infrastructure that carries or would

  2  carry substantial flows of domestic or international trade and

  3  tourism.

  4         (3)  Program projects may be proposed by any local

  5  government, regional organization, economic development board,

  6  public-private partnership, metropolitan planning

  7  organization, state agency, or other statewide group engaged

  8  in economic development activities.

  9         (4)  To be eligible for funding under this section, a

10  proposed project must be consistent, to the maximum extent

11  feasible, with approved local government comprehensive plans

12  of the units of local government in which the project is

13  located.

14         (5)  The amount of the nonstate share of the overall

15  project cost shall be a factor in project selection.

16         (6)  Selected projects shall be included in the

17  department's tentative work program submitted to the Governor

18  and the Legislature.

19         Section 24.  Subsection (10) of section 341.302,

20  Florida Statutes, is amended to read:

21         341.302  Rail program, duties and responsibilities of

22  the department.--The department, in conjunction with other

23  governmental units and the private sector, shall develop and

24  implement a rail program of statewide application designed to

25  ensure the proper maintenance, safety, revitalization, and

26  expansion of the rail system to assure its continued and

27  increased availability to respond to statewide mobility needs.

28  Within the resources provided pursuant to chapter 216, and as

29  authorized under Title 49 C.F.R. part 212, the department

30  shall:

31

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  1         (10)  Administer rail operating and construction

  2  programs, which programs shall include the regulation of

  3  maximum train operating speeds, the opening and closing of

  4  public grade crossings, the construction and rehabilitation of

  5  public grade crossings, and the installation of traffic

  6  control devices at public grade crossings, the administering

  7  of the programs by the department including participation in

  8  the cost of the programs.

  9         Section 25.  Paragraph (a) of subsection (2) of section

10  373.4137, Florida Statutes, is amended to read:

11         373.4137  Mitigation requirements.--

12         (2)  Environmental impact inventories for

13  transportation projects proposed by the Department of

14  Transportation shall be developed as follows:

15         (a)  By May 1 of each year, the Department of

16  Transportation shall submit to the Department of Environmental

17  Protection and the water management districts a copy of its

18  tentative adopted work program and an inventory of habitats

19  addressed in the rules adopted tentatively, pursuant to this

20  part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344,

21  which may be impacted by its plan of construction for

22  transportation projects in the next 3 years of the tentative

23  work program. The Department of Transportation may also

24  include in its inventory the habitat impacts of any future

25  transportation project identified in the tentative work

26  program.

27         Section 26.  Except as otherwise provided herein, this

28  act shall take effect October 1, 2000.

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






    Florida House of Representatives - 2000                 HB 893

    60-287-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises various provisions of law related to the
  4    Department of Transportation to:
           1.  Provide for the administration of motor vehicle
  5    compliance and safety by the Assistant Secretary for
      Transportation Policy rather than the Assistant Secretary
  6    for District Operations and to provide for an Office of
      Motor Carrier Compliance.
  7         2.  Revise language with respect to the State
      Comprehensive Enhanced Transportation System and to
  8    revise the requirements for the use of described
      proceeds.
  9         3.  Provide for the impoundment or immobilization of
      all vehicles owned by certain persons who have a second
10    or third conviction for DUI.
           4.  Provide penalties for unlawful possession or
11    consumption of alcoholic beverages in a parked motor
      vehicle.
12         5.  Revise language with respect to commercial motor
      vehicles to provide for enforcement of laws relating to
13    such vehicles by law enforcement officers and to provide
      consistent reference to enforcement by law enforcement
14    officers in affected statute sections to conform.
           6.  Revise language with respect to the safety
15    inspection of described motor vehicles by the department
      or by self-inspection.
16         7.  Eliminate language authorizing the department to
      regulate the speed limits of railroad traffic on a
17    municipal, county, regional, or statewide basis.
           8.  Revise requirements with respect to design-build
18    contracts.
           9.  Increase the time period during which a
19    certificate of qualification for described construction
      projects is valid.
20         10.  Provide for the authority of the department to
      advertise and promote toll facilities.
21         11.  Increase the maximum monetary limits allowable
      with respect to project agreements or project phases not
22    included in the adopted work program.
           12.  Revise provisions relating to procedures for
23    public participation in transportation planning.
           13.  Provide for the creation of a state-funded
24    infrastructure bank within the department.
           14.  Create a fast-track economic growth
25    transportation program within the department.

26
      See bill for details.
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