House Bill 0893c1

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    Florida House of Representatives - 2000              CS/HB 893

        By the Committee on Transportation and Representative K.
    Smith





  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; authorizing the Department of

  4         Transportation to adopt rules for the

  5         delegation of authority beyond the assistant

  6         secretaries; providing additional duties of the

  7         Florida Transportation Commission; providing

  8         for a change in administrative duties; amending

  9         s. 212.031, F.S.; exempting property used as a

10         travel center/truck stop facility from the

11         sales and use tax on the rental or lease of, or

12         grant of a license to use, real property;

13         amending s. 215.615, F.S.; making a technical

14         correction and correcting a cross reference

15         with respect to fixed-guideway transportation

16         systems funding; creating s. 215.617, F.S.;

17         authorizing the Division of Bond Finance to

18         issue bonds on behalf of the Department of

19         Transportation for the Florida Seaport

20         Transportation and Economic Development

21         Program; providing that such bonds are not

22         general obligation bonds of the state;

23         providing security for such bonds; amending s.

24         255.20, F.S.; exempting projects subject to ch.

25         336, F.S., from a provision of law relating to

26         local bids and contracts for public

27         construction works; amending s. 311.07, F.S.;

28         providing for the deposit of seaport program

29         funds in the Florida Seaport Transportation and

30         Economic Development Trust Fund; providing for

31         the review of trust fund disbursements by the

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  1         department; amending s. 311.09, F.S.; revising

  2         requirements for review and approval of Florida

  3         Seaport Transportation and Economic Development

  4         program projects; amending s. 316.228, F.S.;

  5         revising requirements for lamps or flags on

  6         vehicles with projecting loads; amending ss.

  7         316.302, 316.516, and 316.545, F.S.; updating

  8         cross references to the current federal safety

  9         regulations; deleting references to weight and

10         safety officers; revising language with respect

11         to unsafe vehicles; amending s. 316.515, F.S.;

12         deleting a reference to automobile transporter

13         height limit permits; revising language with

14         respect to length limits for vehicles carrying

15         boat trailers; repealing s. 316.610(3), F.S.,

16         relating to commercial motor vehicle

17         inspections; amending s. 320.20, F.S.;

18         providing for deposit of seaport program funds

19         in the Florida Seaport Transportation and

20         Economic Development Trust Fund; authorizing

21         the department to refund or assume certain

22         bonds issued by the Florida Ports Financing

23         Commission; providing security for such refund

24         or assumption; providing for future seaport

25         program bonds to be issued by the department;

26         amending s. 330.30, F.S.; removing the

27         requirement for joint submission of

28         applications for airport site approval and for

29         an airport license; amending s. 332.004, F.S.;

30         revising a definition; amending s. 334.044,

31         F.S.; authorizing the department to purchase

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  1         promotional items for use in certain public

  2         awareness programs; authorizing the department

  3         to adopt rules relating to approval of material

  4         sources; amending s. 334.187, F.S.; authorizing

  5         the department to adopt rules relating to the

  6         use of prepaid escrow accounts; amending s.

  7         335.02, F.S.; providing a maximum lane policy;

  8         amending ss. 335.141 and 341.302, F.S.;

  9         deleting the department's authority to regulate

10         train operating speeds; amending s. 336.025,

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

12         local option fuel tax to authorize county and

13         municipal governments to use the funds for

14         certain purposes; amending ss. 336.41 and

15         336.44, F.S.; providing that any contractor

16         prequalified by the state is presumed qualified

17         to bid on projects in excess of a certain

18         amount for county and expressway authority

19         projects; amending s. 337.025, F.S.;

20         authorizing highway maintenance projects to be

21         included in the innovative highway program;

22         amending s. 337.11, F.S.; authorizing the

23         department to combine the right-of-way phase of

24         certain projects into a single project;

25         amending s. 337.14, F.S.; providing that any

26         contractor prequalified by the state is

27         presumed qualified to bid on projects in excess

28         of a certain amount for county and expressway

29         authority projects; extending the period of

30         validity of contractor prequalification;

31         amending s. 337.175, F.S.; providing for

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  1         retainage flexibility; amending s. 337.18,

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

  3         relating to surety bonds; amending s. 338.155,

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

  5         with respect to guaranteed toll accounts;

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

  7         department to incur advertising expenses for

  8         the promotion of toll facilities; amending s.

  9         339.09, F.S.; authorizing the department to

10         adopt rules relating to the expenditure of

11         transportation revenues; amending s. 339.12,

12         F.S.; increasing the cap on the local

13         government advance reimbursement program;

14         amending s. 339.135, F.S.; deleting the

15         obsolete requirement for identification of

16         advanced right-of-way acquisition projects in

17         the tentative work program; revising

18         requirements for review of the tentative work

19         program by the Department of Community Affairs;

20         amending s. 339.155, F.S.; clarifying the

21         public participation process in transportation

22         planning; amending s. 341.031, F.S.; conforming

23         cross references; amending s. 341.051, F.S.;

24         deleting obsolete provisions relating to public

25         transit capital projects; amending s. 343.63,

26         F.S.; increasing the number of members

27         appointed to the Central Florida Regional

28         Transportation Authority by the Governor and

29         providing that the member selected by the

30         department be a nonvoting member; amending s.

31         343.64, F.S.; authorizing the board to enter

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  1         into a partnership with any county which is

  2         contiguous to the existing service area;

  3         amending s. 351.03, F.S.; revising requirements

  4         for audible signals by trains at

  5         railroad-highway grade crossings; amending s.

  6         373.4137, F.S.; providing a technical

  7         correction; providing for the inadmissibility

  8         of specified costs in cases involving

  9         department mitigation projects; amending s.

10         427.013, F.S.; authorizing the Commission for

11         the Transportation Disadvantaged to adopt rules

12         relating to development of operational

13         standards; amending s. 427.0135, F.S.; granting

14         authority for rules adopted by the commission

15         relating to member departments; amending s.

16         427.015, F.S.; granting authority for rules

17         adopted by the commission to community

18         transportation coordinators; providing

19         effective dates.

20

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

22

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

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

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

26  to read:

27         20.23  Department of Transportation.--There is created

28  a Department of Transportation which shall be a decentralized

29  agency.

30         (1)

31

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  1         (c)  The secretary shall appoint three assistant

  2  secretaries who shall be directly responsible to the secretary

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

  4  section and such other duties as are assigned by the

  5  secretary.  The secretary may delegate to any assistant

  6  secretary the authority to act in the absence of the

  7  secretary. The department has the authority to adopt rules

  8  necessary for the delegation of authority beyond the assistant

  9  secretaries. The assistant secretaries shall serve at the

10  pleasure of the secretary.

11         (2)

12         (b)  The commission shall have the primary functions

13  to:

14         1.  Recommend major transportation policies for the

15  Governor's approval, and assure that approved policies and any

16  revisions thereto are properly executed.

17         2.  Periodically review the status of the state

18  transportation system including highway, transit, rail,

19  seaport, intermodal development, and aviation components of

20  the system and recommend improvements therein to the Governor

21  and the Legislature.

22         3.  Perform an in-depth evaluation of the annual

23  department budget request, the Florida Transportation Plan,

24  and the tentative work program for compliance with all

25  applicable laws and established departmental policies. Except

26  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

27  the commission may not consider individual construction

28  projects, but shall consider methods of accomplishing the

29  goals of the department in the most effective, efficient, and

30  businesslike manner.

31

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  1         4.  Monitor the financial status of the department on a

  2  regular basis to assure that the department is managing

  3  revenue and bond proceeds responsibly and in accordance with

  4  law and established policy.

  5         5.  Monitor on at least a quarterly basis, the

  6  efficiency, productivity, and management of the department,

  7  using performance and production standards developed by the

  8  commission pursuant to s. 334.045.

  9         6.  Perform an in-depth evaluation of the factors

10  causing disruption of project schedules in the adopted work

11  program and recommend to the Legislature and the Governor

12  methods to eliminate or reduce the disruptive effects of these

13  factors.

14         7.  Recommend to the Governor and the Legislature

15  improvements to the department's organization in order to

16  streamline and optimize the efficiency of the department. In

17  reviewing the department's organization, the commission shall

18  determine if the current district organizational structure is

19  responsive to Florida's changing economic and demographic

20  development patterns.  The initial report by the commission

21  must be delivered to the Governor and Legislature by December

22  15, 2000, and each year thereafter, as appropriate. The

23  commission may retain such experts as are reasonably necessary

24  to effectuate this subparagraph, and the department shall pay

25  the expenses of such experts.

26         (3)

27         (c)  The secretary shall appoint an Assistant Secretary

28  for Transportation Policy, an Assistant Secretary for Finance

29  and Administration, and an Assistant Secretary for District

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

31  secretary.  The positions are responsible for developing,

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  1  monitoring, and enforcing policy and managing major technical

  2  programs.  The responsibilities and duties of these positions

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

  4  areas:

  5         1.  Assistant Secretary for Transportation Policy.--

  6         a.  Development of the Florida Transportation Plan and

  7  other policy planning;

  8         b.  Development of statewide modal systems plans,

  9  including public transportation systems;

10         c.  Design of transportation facilities;

11         d.  Construction of transportation facilities; and

12         e.  Acquisition and management of transportation

13  rights-of-way; and.

14         f.  Administration of motor carrier compliance and

15  safety.

16         2.  Assistant Secretary for District Operations.--

17         a.  Administration of the eight districts; and

18         b.  Implementation of the decentralization of the

19  department.; and

20         c.  Administration of motor carrier compliance and

21  safety.

22         3.  Assistant Secretary for Finance and

23  Administration.--

24         a.  Financial planning and management;

25         b.  Information systems;

26         c.  Accounting systems;

27         d.  Administrative functions; and

28         e.  Administration of toll operations.

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

30  established within the central office for the purposes of:

31

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  1         a.  Developing policy and procedures and monitoring

  2  performance to ensure compliance with these policies and

  3  procedures;

  4         b.  Performing statewide activities which it is more

  5  cost-effective to perform in a central location;

  6         c.  Assessing and ensuring the accuracy of information

  7  within the department's financial management information

  8  systems; and

  9         d.  Performing other activities of a statewide nature.

10         2.  The following offices are established and shall be

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

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

13  classified at a level equal to a division director:

14         a.  The Office of Administration;

15         b.  The Office of Policy Planning;

16         c.  The Office of Design;

17         d.  The Office of Highway Operations;

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

19         f.  The Office of Toll Operations; and

20         g.  The Office of Information Systems; and.

21         h.  The Office of Motor Carrier Compliance.

22         3.  Other offices may be established in accordance with

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

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

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

26  legislative authority.

27         4.  During the construction of a major transportation

28  improvement project or as determined by the district

29  secretary, the department may provide assistance to a business

30  entity significantly impacted by the project if the entity is

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

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  1  prior to the beginning of construction and has direct or

  2  shared access to the transportation project being constructed.

  3  The assistance program shall be in the form of additional

  4  guarantees to assist the impacted business entity in receiving

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

  6  instance shall the combined guarantees be greater than 90

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

  8  implement this subparagraph.

  9         Section 2.  Effective July 1, 2000, paragraph (a) of

10  subsection (1) of section 212.031, Florida Statutes, is

11  amended to read:

12         212.031  Lease or rental of or license in real

13  property.--

14         (1)(a)  It is declared to be the legislative intent

15  that every person is exercising a taxable privilege who

16  engages in the business of renting, leasing, letting, or

17  granting a license for the use of any real property unless

18  such property is:

19         1.  Assessed as agricultural property under s. 193.461.

20         2.  Used exclusively as dwelling units.

21         3.  Property subject to tax on parking, docking, or

22  storage spaces under s. 212.03(6).

23         4.  Recreational property or the common elements of a

24  condominium when subject to a lease between the developer or

25  owner thereof and the condominium association in its own right

26  or as agent for the owners of individual condominium units or

27  the owners of individual condominium units. However, only the

28  lease payments on such property shall be exempt from the tax

29  imposed by this chapter, and any other use made by the owner

30  or the condominium association shall be fully taxable under

31  this chapter.

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  1         5.  A public or private street or right-of-way and

  2  poles, conduits, fixtures, and similar improvements located on

  3  such streets or rights-of-way, occupied or used by a utility

  4  or franchised cable television company for utility or

  5  communications or television purposes. For purposes of this

  6  subparagraph, the term "utility" means any person providing

  7  utility services as defined in s. 203.012. This exception also

  8  applies to property, excluding buildings, wherever located, on

  9  which antennas, cables, adjacent accessory structures, or

10  adjacent accessory equipment used in the provision of

11  cellular, enhanced specialized mobile radio, or personal

12  communications services are placed.

13         6.  A public street or road which is used for

14  transportation purposes.

15         7.  Property used at an airport exclusively for the

16  purpose of aircraft landing or aircraft taxiing or property

17  used by an airline for the purpose of loading or unloading

18  passengers or property onto or from aircraft or for fueling

19  aircraft.

20         8.a.  Property used at a port authority, as defined in

21  s. 315.02(2), exclusively for the purpose of oceangoing

22  vessels or tugs docking, or such vessels mooring on property

23  used by a port authority for the purpose of loading or

24  unloading passengers or cargo onto or from such a vessel, or

25  property used at a port authority for fueling such vessels, or

26  to the extent that the amount paid for the use of any property

27  at the port is based on the charge for the amount of tonnage

28  actually imported or exported through the port by a tenant.

29         b.  The amount charged for the use of any property at

30  the port in excess of the amount charged for tonnage actually

31

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  1  imported or exported shall remain subject to tax except as

  2  provided in sub-subparagraph a.

  3         9.  Property used as an integral part of the

  4  performance of qualified production services.  As used in this

  5  subparagraph, the term "qualified production services" means

  6  any activity or service performed directly in connection with

  7  the production of a qualified motion picture, as defined in s.

  8  212.06(1)(b), and includes:

  9         a.  Photography, sound and recording, casting, location

10  managing and scouting, shooting, creation of special and

11  optical effects, animation, adaptation (language, media,

12  electronic, or otherwise), technological modifications,

13  computer graphics, set and stage support (such as

14  electricians, lighting designers and operators, greensmen,

15  prop managers and assistants, and grips), wardrobe (design,

16  preparation, and management), hair and makeup (design,

17  production, and application), performing (such as acting,

18  dancing, and playing), designing and executing stunts,

19  coaching, consulting, writing, scoring, composing,

20  choreographing, script supervising, directing, producing,

21  transmitting dailies, dubbing, mixing, editing, cutting,

22  looping, printing, processing, duplicating, storing, and

23  distributing;

24         b.  The design, planning, engineering, construction,

25  alteration, repair, and maintenance of real or personal

26  property including stages, sets, props, models, paintings, and

27  facilities principally required for the performance of those

28  services listed in sub-subparagraph a.; and

29         c.  Property management services directly related to

30  property used in connection with the services described in

31  sub-subparagraphs a. and b.

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  1         10.  Leased, subleased, licensed, or rented to a person

  2  providing food and drink concessionaire services within the

  3  premises of a convention hall, exhibition hall, auditorium,

  4  stadium, theater, arena, civic center, performing arts center,

  5  recreational facility, or any business operated under a permit

  6  issued pursuant to chapter 550.  A person providing retail

  7  concessionaire services involving the sale of food and drink

  8  or other tangible personal property within the premises of an

  9  airport shall be subject to tax on the rental of real property

10  used for that purpose, but shall not be subject to the tax on

11  any license to use the property.  For purposes of this

12  subparagraph, the term "sale" shall not include the leasing of

13  tangible personal property.

14         11.  Property occupied pursuant to an instrument

15  calling for payments which the department has declared, in a

16  Technical Assistance Advisement issued on or before March 15,

17  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

18  Florida Administrative Code; provided that this subparagraph

19  shall only apply to property occupied by the same person

20  before and after the execution of the subject instrument and

21  only to those payments made pursuant to such instrument,

22  exclusive of renewals and extensions thereof occurring after

23  March 15, 1993.

24         12.  Property used as a travel center/truck stop

25  facility. As used in this subparagraph, the term "travel

26  center/truck stop facility" means any facility that has

27  declared its primary business activity, under s.

28  206.404(1)(g), as the sale of diesel fuel at retail, which

29  facility operates a minimum of 6 diesel fuel dispensers.

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

31  Statutes, is amended to read:

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  1         215.615  Fixed-guideway transportation systems

  2  funding.--

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

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

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

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

  7  refinance fixed capital expenditures for fixed-guideway

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

  9  facilities appurtenant thereto, costs of issuance, and other

10  amounts relating to such financing or refinancing. Such

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

12  from sources other than revenues of the Department of

13  Transportation, in a manner acceptable to the Department of

14  Transportation. The Division of Bond Finance is authorized to

15  consider innovative financing techniques technologies which

16  may include, but are not limited to, innovative bidding and

17  structures of potential findings that may result in negotiated

18  transactions.

19         (a)  The department and any participating commuter rail

20  authority or regional transportation authority established

21  under chapter 343, local governments, or local governments

22  collectively by interlocal agreement having jurisdiction of a

23  fixed-guideway transportation system may enter into an

24  interlocal agreement to promote the efficient and

25  cost-effective financing or refinancing of fixed-guideway

26  transportation system projects by revenue bonds issued

27  pursuant to this subsection. The terms of such interlocal

28  agreements shall include provisions for the Department of

29  Transportation to request the issuance of the bonds on behalf

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

31  is contractually liable for an equal share of funding an

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

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

  3  necessary to the making of and full performance under such

  4  interlocal agreement. Repayments made to the department under

  5  any interlocal agreement are not pledged to the repayment of

  6  bonds issued hereunder, and failure of the local governmental

  7  authority to make such payment shall not affect the obligation

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

  9         (b)  Revenue bonds issued pursuant to this subsection

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

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

12  issued pursuant to this section shall be payable from funds

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

14  appropriation.  The amount of revenues available for debt

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

16  revenues deposited into the State Transportation Trust Fund.

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

18  proceeds of the revenue bonds issued hereunder are designated

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

20  11(d), Art. VII of the State Constitution, and the specific

21  projects to be financed or refinanced shall be determined by

22  the Department of Transportation in accordance with state law

23  and appropriations from the State Transportation Trust Fund.

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

25  issued pursuant to this subsection must first be approved by

26  the Legislature by an act of general law.

27         (d)  Any complaint for validation of bonds issued

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

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

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

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

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

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

  3  is pending.

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

  5  such revenue bonds or other instruments of indebtedness issued

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

  7  provisions in any manner that will materially and adversely

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

  9  by this subsection are outstanding.

10         (f)  This subsection supersedes any inconsistent

11  provisions in existing law.

12

13  Notwithstanding this subsection, the lien of revenue bonds

14  issued pursuant to this subsection on moneys deposited into

15  the State Transportation Trust Fund shall be subordinate to

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

17  320.20, and 215.616, and any pledge of such moneys to pay

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

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

20         Section 4.  Section 215.617, Florida Statutes, is

21  created to read:

22         215.617  Bonds for the Florida Seaport Transportation

23  and Economic Development Program.--

24         (1)  The Division of Bond Finance, on behalf of the

25  Department of Transportation, is authorized to issue revenue

26  bonds pursuant to s. 11, Art. VII of the State Constitution

27  and the State Bond Act for the purpose of financing or

28  refinancing fixed capital requirements of the Florida Seaport

29  Transportation and Economic Development Program as provided in

30  chapter 311 and s. 320.20(3) and (4), and funding seaport

31

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  1  access projects of statewide significance as provided in s.

  2  341.053.

  3         (2)  The revenue bonds issued pursuant to this section

  4  shall not constitute a general obligation of or a pledge of

  5  the full faith and credit of the state or any of its agencies.

  6         (3)  Bonds issued pursuant to this section shall be

  7  payable solely from funds pledged pursuant to s. 320.20(3) and

  8  (4). Such funds shall be assigned and pledged as security and

  9  deposited in trust with the State Board of Administration

10  pursuant to the terms of an agreement entered into among the

11  ports, the Department of Transportation, and the State Board

12  of Administration.

13         Section 5.  Paragraph (a) of subsection (1) of section

14  255.20, Florida Statutes, is amended to read:

15         255.20  Local bids and contracts for public

16  construction works; specification of state-produced lumber.--

17         (1)  A county, municipality, special district as

18  defined in chapter 189, or other political subdivision of the

19  state seeking to construct or improve a public building,

20  structure, or other public construction works must

21  competitively award to an appropriately licensed contractor

22  each project that is estimated in accordance with generally

23  accepted cost-accounting principles to have total construction

24  project costs of more than $200,000. For electrical work,

25  local government must competitively award to an appropriately

26  licensed contractor each project that is estimated in

27  accordance with generally accepted cost-accounting principles

28  to have a cost of more than $50,000.  As used in this section,

29  the term "competitively award" means to award contracts based

30  on the submission of sealed bids, proposals submitted in

31  response to a request for proposal, proposals submitted in

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  1  response to a request for qualifications, or proposals

  2  submitted for competitive negotiation. This subsection

  3  expressly allows contracts for construction management

  4  services, design/build contracts, continuation contracts based

  5  on unit prices, and any other contract arrangement with a

  6  private sector contractor permitted by any applicable

  7  municipal or county ordinance, by district resolution, or by

  8  state law. For purposes of this section, construction costs

  9  include the cost of all labor, except inmate labor, and

10  include the cost of equipment and materials to be used in the

11  construction of the project. Subject to the provisions of

12  subsection (3), the county, municipality, special district, or

13  other political subdivision may establish, by municipal or

14  county ordinance or special district resolution, procedures

15  for conducting the bidding process.

16         (a)  The provisions of this subsection do not apply:

17         1.  When the project is undertaken to replace,

18  reconstruct, or repair an existing facility damaged or

19  destroyed by a sudden unexpected turn of events, such as an

20  act of God, riot, fire, flood, accident, or other urgent

21  circumstances, and such damage or destruction creates:

22         a.  An immediate danger to the public health or safety;

23         b.  Other loss to public or private property which

24  requires emergency government action; or

25         c.  An interruption of an essential governmental

26  service.

27         2.  When, after notice by publication in accordance

28  with the applicable ordinance or resolution, the governmental

29  entity does not receive any responsive bids or responses.

30         3.  To construction, remodeling, repair, or improvement

31  to a public electric or gas utility system when such work on

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  1  the public utility system is performed by personnel of the

  2  system.

  3         4.  To construction, remodeling, repair, or improvement

  4  by a utility commission whose major contracts are to construct

  5  and operate a public electric utility system.

  6         5.  When the project is undertaken as repair or

  7  maintenance of an existing public facility.

  8         6.  When the project is undertaken exclusively as part

  9  of a public educational program.

10         7.  When the funding source of the project will be

11  diminished or lost because the time required to competitively

12  award the project after the funds become available exceeds the

13  time within which the funding source must be spent.

14         8.  When the local government has competitively awarded

15  a project to a private sector contractor and the contractor

16  has abandoned the project before completion or the local

17  government has terminated the contract.

18         9.  When the governing board of the local government,

19  after public notice, conducts a public meeting under s.

20  286.011 and finds by a majority vote of the governing board

21  that it is in the public's best interest to perform the

22  project using its own services, employees, and equipment. The

23  public notice must be published at least 14 days prior to the

24  date of the public meeting at which the governing board takes

25  final action to apply this subparagraph. The notice must

26  identify the project, the estimated cost of the project, and

27  specify that the purpose for the public meeting is to consider

28  whether it is in the public's best interest to perform the

29  project using the local government's own services, employees,

30  and equipment. In deciding whether it is in the public's best

31  interest for local government to perform a project using its

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  1  own services, employees, and equipment, the governing board

  2  may consider the cost of the project, whether the project

  3  requires an increase in the number of government employees, an

  4  increase in capital expenditures for public facilities,

  5  equipment or other capital assets, the impact on local

  6  economic development, the impact on small and minority

  7  business owners, the impact on state and local tax revenues,

  8  whether the private sector contractors provide health

  9  insurance and other benefits equivalent to those provided by

10  the local government, and any other factor relevant to what is

11  in the public's best interest.

12         10.  When the governing board of the local government

13  determines upon consideration of specific substantive criteria

14  and administrative procedures that it is in the best interest

15  of the local government to award the project to an

16  appropriately licensed private sector contractor according to

17  procedures established by and expressly set forth in a

18  charter, ordinance, or resolution of the local government

19  adopted prior to July 1, 1994.  The criteria and procedures

20  must be set out in the charter, ordinance, or resolution and

21  must be applied uniformly by the local government to avoid

22  award of any project in an arbitrary or capricious manner.

23  This exception shall apply when all of the following occur:

24         a.  When the governing board of the local government,

25  after public notice, conducts a public meeting under s.

26  286.011 and finds by a two-thirds vote of the governing board

27  that it is in the public's best interest to award the project

28  according to the criteria and procedures established by

29  charter, ordinance, or resolution.  The public notice must be

30  published at least 14 days prior to the date of the public

31  meeting at which the governing board takes final action to

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  1  apply this subparagraph.  The notice must identify the

  2  project, the estimated cost of the project, and specify that

  3  the purpose for the public meeting is to consider whether it

  4  is in the public's best interest to award the project using

  5  the criteria and procedures permitted by the preexisting

  6  ordinance.

  7         b.  In the event the project is to be awarded by any

  8  method other than a competitive selection process, the

  9  governing board must find evidence that:

10         (I)  There is one appropriately licensed contractor who

11  is uniquely qualified to undertake the project because that

12  contractor is currently under contract to perform work that is

13  affiliated with the project; or

14         (II)  The time to competitively award the project will

15  jeopardize the funding for the project, or will materially

16  increase the cost of the project or will create an undue

17  hardship on the public health, safety, or welfare.

18         c.  In the event the project is to be awarded by any

19  method other than a competitive selection process, the

20  published notice must clearly specify the ordinance or

21  resolution by which the private sector contractor will be

22  selected and the criteria to be considered.

23         d.  In the event the project is to be awarded by a

24  method other than a competitive selection process, the

25  architect or engineer of record has provided a written

26  recommendation that the project be awarded to the private

27  sector contractor without competitive selection; and the

28  consideration by, and the justification of, the government

29  body are documented, in writing, in the project file and are

30  presented to the governing board prior to the approval

31  required in this paragraph.

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  1         11.  To projects subject to chapter 336.

  2         Section 6.  Subsections (2) and (6) of section 311.07,

  3  Florida Statutes, are amended to read:

  4         311.07  Florida seaport transportation and economic

  5  development funding.--

  6         (2)  A minimum of $8 million per year shall be made

  7  available from the State Transportation Trust Fund to fund the

  8  Florida Seaport Transportation and Economic Development

  9  Program and shall be deposited in the Florida Seaport

10  Transportation and Economic Development Trust Fund within the

11  department.

12         (6)  The funding for the program provided in this

13  section and in s. 320.20(3) and (4), shall be held in the

14  Florida Seaport Transportation and Economic Development Trust

15  Fund and reviewed by the Department of Transportation prior to

16  disbursement to the ports. The department shall subject any

17  project that receives funds pursuant to this section to a

18  final audit.  The department may adopt rules and perform such

19  other acts as are necessary or convenient to ensure that the

20  final audits are conducted and that any deficiency or

21  questioned costs noted by the audit are resolved.

22         Section 7.  Subsections (9) and (10) of section 311.09,

23  Florida Statutes, are amended to read:

24         311.09  Florida Seaport Transportation and Economic

25  Development Council.--

26         (9)(a)  The council shall review the findings of the

27  Department of Community Affairs; the Office of Tourism, Trade,

28  and Economic Development; and the Department of

29  Transportation.  Projects found to be inconsistent pursuant to

30  subsections (6), (7), and (8) and projects which have been

31  determined not to offer an economic benefit to the state

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  1  pursuant to subsection (8) shall not be included in the list

  2  of projects recommended to be funded.

  3         (b)  The council shall submit the list of projects to

  4  the Department of Transportation and the Office of Tourism,

  5  Trade, and Economic Development for review based on the

  6  relative merits of each project from a statewide

  7  transportation and economic benefit perspective. The

  8  Department of Transportation and the Office of Tourism, Trade,

  9  and Economic Development may add, delete, or reprioritize

10  projects as determined to be appropriate. The list of approved

11  projects shall be included in the Florida Seaport Mission

12  Plan.

13         (10)  The Department of Transportation shall include in

14  its annual legislative budget request a Florida Seaport

15  Transportation and Economic Development grant program for

16  expenditure of funds of not less than $8 million per year.

17  Such budget shall include funding for projects approved

18  pursuant to paragraph (9)(b) by the council which have been

19  determined by each agency to be consistent and which have been

20  determined by the Office of Tourism, Trade, and Economic

21  Development to be economically beneficial. The council may

22  submit to the department a list of approved projects that

23  could be made production-ready within the next 2 years. The

24  list shall be submitted as part of the needs and project list

25  prepared pursuant to s. 339.135.

26         Section 8.  Effective July 1, 2001, section 316.228,

27  Florida Statutes, is amended to read:

28         316.228  Lamps or flags on projecting load.--

29         (1)  Except as provided in subsection (2), whenever the

30  load upon any vehicle extends to the rear 4 feet or more

31  beyond the bed or body of such vehicle, there shall be

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  1  displayed at the extreme rear end of the load, at the times

  2  specified in s. 316.217, two red lamps visible from a distance

  3  of at least 500 feet to the rear, two red reflectors visible

  4  at night from all distances within 600 feet to 100 feet to the

  5  rear when directly in front of lawful lower beams of headlamps

  6  and located so as to indicate maximum width, and on each side

  7  one red lamp visible from a distance of at least 500 feet to

  8  the side and located so as to indicate maximum overhang.

  9  There shall be displayed at all other times on any vehicle

10  having a load which extends beyond its sides or more than 4

11  feet beyond its rear, red flags, not less than 12 inches

12  square, marking the extremities of such load, at each point

13  where a lamp would otherwise be required by this section. A

14  violation of this section is a noncriminal traffic infraction,

15  punishable as a nonmoving violation as provided in chapter

16  318.

17         (2)  Any motor vehicle or trailer, except for vehicles

18  subject to s. 316.515(7), transporting a load of logs, long

19  pulpwood, poles, or posts which extends more than 4 feet

20  beyond the rear of the body or bed of such vehicle shall have

21  securely affixed as close as practicable to the end of any

22  such projection an amber strobe lamp equipped with a

23  multidimensional type lens so mounted as to be visible from

24  the rear and both sides of the projecting load. The strobe

25  lamp shall flash at a rate of at least 60 flashes per minute

26  and shall be plainly visible from a distance of at least 500

27  feet to the rear and sides of the projecting load at any time

28  of the day or night. The lamp shall be operating at any time

29  of the day or night when the vehicle is operated on any

30  highway or parked on the shoulder or immediately adjacent to

31  the traveled portion of any public roadway.

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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 9.  Paragraph (b) of subsection (1) and

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

  6  are amended to read:

  7         316.302  Commercial motor vehicles; safety regulations;

  8  transporters and shippers of hazardous materials;

  9  enforcement.--

10         (1)

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

12  owners or drivers of commercial motor vehicles that are

13  engaged in intrastate commerce are subject to the rules and

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

15  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

17  regulations existed on March 1, 2000 1999.

18         (5)  The Department of Transportation may adopt and

19  revise rules to assure the safe operation of commercial motor

20  vehicles. The Department of Transportation may enter into

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

22  Department of Transportation personnel may conduct motor

23  carrier and shipper terminal audits only for the purpose of

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

25  177, 178, 180, 382, 385, 391, 393, 396, and 397; 49 C.F.R. s.

26  395.1(e)(5); and s. 627.7415.

27         (8)  Any Department of Transportation law enforcement

28  officer agent of the Department of Transportation described in

29  s. 316.545(9), any member of the Florida Highway Patrol, or

30  any person employed by a sheriff's office or municipal police

31  department who is authorized to enforce the traffic laws of

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  1  this state pursuant to s. 316.640 may enforce the provisions

  2  of this section.  Any law enforcement officer who is of the

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

  4  member of the Florida Highway Patrol, or any law enforcement

  5  officer employed by a sheriff's office or municipal police

  6  department authorized to enforce the traffic laws of this

  7  state pursuant to s. 316.640 and, who has reason to believe

  8  that a vehicle or driver is operating in an unsafe condition,

  9  may require the driver to stop and submit to an inspection of

10  the vehicle or the driver's records.  Any person who fails to

11  comply with an officer's request to submit to an inspection

12  under this subsection is guilty of a violation of s. 843.02 if

13  the driver resists the officer without violence or a violation

14  of s. 843.01 if the driver resists the officer with violence.

15  If the vehicle is found to be in an unsafe condition, or if

16  any required part or equipment is not present or is not in

17  proper repair or adjustment, and the continued operation would

18  probably present an unduly hazardous operating condition, the

19  officer may require the vehicle to be immediately repaired or

20  removed from use. However, if continued operation would not

21  present an unduly hazardous operating condition, the officer

22  may give written notice to require proper repair and

23  adjustment of the vehicle within 14 days.

24         Section 10.  Subsection (2) and paragraph (a) of

25  subsection (3) of section 316.515, Florida Statutes, are

26  amended to read:

27         316.515  Maximum width, height, length.--

28         (2)  HEIGHT LIMITATION.--No vehicle may exceed a height

29  of 13 feet 6 inches, inclusive of load carried thereon.

30  However, an automobile transporter may, with a permit from the

31

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  1  Department of Transportation, measure a height not to exceed

  2  14 feet, inclusive of the load carried thereon.

  3         (3)  LENGTH LIMITATION.--Except as otherwise provided

  4  in this section, length limitations apply solely to a

  5  semitrailer or trailer, and not to a truck tractor or to the

  6  overall length of a combination of vehicles.  No combination

  7  of commercial motor vehicles coupled together and operating on

  8  the public roads may consist of more than one truck tractor

  9  and two trailing units. Unless otherwise specifically provided

10  for in this section, a combination of vehicles not qualifying

11  as commercial motor vehicles may consist of no more than two

12  units coupled together; such nonqualifying combination of

13  vehicles may not exceed a total length of 65 feet, inclusive

14  of the load carried thereon, but exclusive of safety and

15  energy conservation devices approved by the department for use

16  on vehicles using public roads. Notwithstanding any other

17  provision of this section, a truck tractor-semitrailer

18  combination engaged in the transportation of automobiles or

19  boats may transport motor vehicles or boats on part of the

20  power unit; and, except as may otherwise be mandated under

21  federal law, an automobile or boat transporter semitrailer may

22  not exceed 50 feet in length, exclusive of the load; however,

23  the load may extend up to an additional 6 feet beyond the rear

24  of the trailer.  The 50-feet length limitation does not apply

25  to non-stinger-steered automobile or boat transporters that

26  are 65 feet or less in overall length, exclusive of the load

27  carried thereon, or to stinger-steered automobile or boat

28  transporters that are 75 feet or less in overall length,

29  exclusive of the load carried thereon. For purposes of this

30  subsection, a "stinger-steered automobile or boat transporter"

31  is an automobile or boat transporter configured as a

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  1  semitrailer combination wherein the fifth wheel is located on

  2  a drop frame located behind and below the rearmost axle of the

  3  power unit. Notwithstanding paragraphs (a) and (b), any

  4  straight truck or truck tractor-semitrailer combination

  5  engaged in the transportation of horticultural trees may allow

  6  the load to extend up to an additional 10 feet beyond the rear

  7  of the vehicle, provided said trees are resting against a

  8  retaining bar mounted above the truck bed so that the root

  9  balls of the trees rest on the floor and to the front of the

10  truck bed and the tops of the trees extend up over and to the

11  rear of the truck bed, and provided the overhanging portion of

12  the load is covered with protective fabric.

13         (a)  Straight trucks.--No straight truck may exceed a

14  length of 40 feet in extreme overall dimension, exclusive of

15  safety and energy conservation devices approved by the

16  department for use on vehicles using public roads. A straight

17  truck may tow no more than one trailer, and such trailer may

18  not exceed a length of 28 feet. However, such trailer

19  limitation does not apply if the overall length of the

20  truck-trailer combination is 65 feet or less, including the

21  load thereon. Notwithstanding any other provisions of this

22  section, a truck-trailer combination engaged in the

23  transportation of boats, or of boat trailers with a design

24  that requires a front-to-rear trailer stacking method, shall

25  not exceed the length limitations of this paragraph exclusive

26  of the load; however, the load may extend up to an additional

27  6 feet beyond the rear of the trailer.

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

29  Statutes, is amended to read:

30         316.516  Width, height, and length; inspection;

31  penalties.--

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

  2  316.640, or any weight and safety officer of the Department of

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

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

  5  combination of vehicles and the load thereon is not in

  6  conformance with s. 316.515 is authorized to require the

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

  8  of its width, height, or length.

  9         Section 12.  Subsections (1) and (9) of section

10  316.545, Florida Statutes, are amended to read:

11         316.545  Weight and load unlawful; special fuel and

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

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

14  the Department of Transportation having reason to believe that

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

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

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

18  require that such vehicle be driven to the nearest weigh

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

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

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

22  portable scales if such a facility is available within 5

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

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

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

26  775.082 or s. 775.083.  Anyone who knowingly and willfully

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

28  safety officer while refusing to submit to such weighing by

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

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

31

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

  2  s. 775.084.

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

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

  5  officer and who meets the qualifications established by law

  6  for law enforcement officer officers shall have the same

  7  arrest powers as are granted any law enforcement officer.

  8  However, the primary purpose of such officers shall be the

  9  enforcement for the purpose of enforcing the provisions of

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

11  and fuel tax compliance laws.

12         Section 13.  Subsection (3) of section 316.610, Florida

13  Statutes, is repealed.

14         Section 14.  Subsections (3) and (4) of section 320.20,

15  Florida Statutes, are amended to read:

16         320.20  Disposition of license tax moneys.--The revenue

17  derived from the registration of motor vehicles, including any

18  delinquent fees and excluding those revenues collected and

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

20  distributed monthly, as collected, as follows:

21         (3)  Notwithstanding any other provision of law except

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

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

24  Transportation Trust Fund solely for the purposes of funding

25  the Florida Seaport Transportation and Economic Development

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

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

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

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

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

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

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  1  indebtedness issued by the Department of Transportation, an

  2  individual port or appropriate local government having

  3  jurisdiction thereof, or collectively by interlocal agreement

  4  among any of the ports, or used to purchase credit support to

  5  permit such borrowings.  However, such debt shall not

  6  constitute a general obligation of the State of Florida.  The

  7  state does hereby covenant with holders of such revenue bonds

  8  or other instruments of indebtedness issued hereunder that it

  9  will not repeal or impair or amend in any manner which will

10  materially and adversely affect the rights of such holders so

11  long as bonds authorized by this section are outstanding.  Any

12  revenues which are not pledged to the repayment of bonds as

13  authorized by this section may be utilized for purposes

14  authorized under the Florida Seaport Transportation and

15  Economic Development Program and shall be deposited in the

16  Florida Seaport Transportation and Economic Development Trust

17  Fund.  This revenue source is in addition to any amounts

18  provided for and appropriated in accordance with s. 311.07.

19  The Florida Seaport Transportation and Economic Development

20  Council shall approve distribution of funds to ports for

21  projects which have been approved pursuant to s.

22  311.09(5)-(9).  The council and the Department of

23  Transportation are authorized to perform such acts as are

24  required to facilitate and implement the provisions of this

25  subsection.  To better enable the ports to cooperate to their

26  mutual advantage, the governing body of each port may exercise

27  powers provided to municipalities or counties in s.

28  163.01(7)(d) subject to the provisions of chapter 311 and

29  special acts, if any, pertaining to a port.  The use of funds

30  provided pursuant to this subsection are limited to eligible

31  projects listed in this subsection.  Income derived from a

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  1  project completed with the use of program funds, beyond

  2  operating costs and debt service, shall be restricted to

  3  further port capital improvements consistent with maritime

  4  purposes and for no other purpose.  Use of such income for

  5  nonmaritime purposes is prohibited. The provisions of s.

  6  311.07(4) do not apply to any funds received pursuant to this

  7  subsection. The Department of Transportation is authorized to

  8  refund or assume the outstanding Series 1996 and 1999 Florida

  9  Ports Financing Commission debt. The $15 million annual

10  transfer to the participating ports presently assigned and

11  pledged for debt service shall continue to be pledged as

12  security upon either a refund or assumption of the outstanding

13  debt. Any revenue bonds or other indebtedness issued after

14  July 1, 2000, shall be issued by the Department of

15  Transportation pursuant to s. 215.617, with the proceeds

16  deposited in the Florida Seaport Transportation and Economic

17  Development Trust Fund.

18         (4)  Notwithstanding any other provision of law except

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

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

21  Transportation Trust Fund solely for the purposes of funding

22  the Florida Seaport Transportation and Economic Development

23  Program as provided in chapter 311 and for funding seaport

24  intermodal access projects of statewide significance as

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

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

27  projects as follows:

28         (a)  For any seaport intermodal access projects that

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

30  Department of Transportation, up to the amounts needed to

31  offset the funding requirements of this section.; and

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  1         (b)  For seaport intermodal access projects as

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

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

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

  5  mutually determined by the Florida Seaport Transportation and

  6  Economic Development Council and the Department of

  7  Transportation, provided a minimum of 25 percent of total

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

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

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

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

12         (d)  For seaport intermodal access projects that

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

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

15  similar structures. Funding for such projects shall require a

16  25 percent match of the funds received pursuant to this

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

18  federal funds, local funds, or private funds.

19

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

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

22  anticipation certificates, or any other form of indebtedness

23  issued by the Department of Transportation, an individual port

24  or appropriate local government having jurisdiction thereof,

25  or collectively by interlocal agreement among any of the

26  ports, or used to purchase credit support to permit such

27  borrowings. However, such debt shall not constitute a general

28  obligation of the state. This state does hereby covenant with

29  holders of such revenue bonds or other instruments of

30  indebtedness issued hereunder that it will not repeal or

31  impair or amend this subsection in any manner which will

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  1  materially and adversely affect the rights of holders so long

  2  as bonds authorized by this subsection are outstanding. Any

  3  revenues that are not pledged to the repayment of bonds as

  4  authorized by this section may be utilized for purposes

  5  authorized under the Florida Seaport Transportation and

  6  Economic Development Program. This revenue source is in

  7  addition to any amounts provided for and appropriated in

  8  accordance with s. 311.07 and subsection (3). The Florida

  9  Seaport Transportation and Economic Development Council shall

10  approve distribution of funds to ports for projects that have

11  been approved pursuant to s. 311.09(5)-(9), or for seaport

12  intermodal access projects identified in the 5-year Florida

13  Seaport Mission Plan as provided in s. 311.09(3) and mutually

14  agreed upon by the FSTED Council and the Department of

15  Transportation.  All contracts for actual construction of

16  projects authorized by this subsection must include a

17  provision encouraging employment of WAGES participants.  The

18  goal for employment of WAGES participants is 25 percent of all

19  new employees employed specifically for the project, unless

20  the Department of Transportation and the Florida Seaport

21  Transportation and Economic Development Council can

22  demonstrate to the satisfaction of the Secretary of Labor and

23  Employment Security that such a requirement would severely

24  hamper the successful completion of the project. In such an

25  instance, the Secretary of Labor and Employment Security shall

26  establish an appropriate percentage of employees that must be

27  WAGES participants. The council and the Department of

28  Transportation are authorized to perform such acts as are

29  required to facilitate and implement the provisions of this

30  subsection. To better enable the ports to cooperate to their

31  mutual advantage, the governing body of each port may exercise

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  1  powers provided to municipalities or counties in s.

  2  163.01(7)(d) subject to the provisions of chapter 311 and

  3  special acts, if any, pertaining to a port. The use of funds

  4  provided pursuant to this subsection is limited to eligible

  5  projects listed in this subsection. The provisions of s.

  6  311.07(4) do not apply to any funds received pursuant to this

  7  subsection. The Department of Transportation is authorized to

  8  refund or assume the outstanding Series 1996 and 1999 Florida

  9  Ports Financing Commission debt. The $10 million annual

10  transfer to the participating ports presently assigned and

11  pledged for debt service shall continue to be pledged as

12  security upon either a refund or assumption of the outstanding

13  debt. Any revenue bonds or other indebtedness issued after

14  July 1, 2000, shall be issued by the Department of

15  Transportation pursuant to s. 215.617, with the proceeds

16  deposited in the Florida Seaport Transportation and Economic

17  Development Trust Fund. The Florida Seaport Transportation and

18  Economic Development Council shall transfer all existing bond

19  proceeds held by the trustee, as of July 1, 2000, after

20  securing the necessary approvals within the bond indenture for

21  the Series 1996 and 1999 Florida Ports Financing Commission

22  debt, to the Florida Seaport Transportation and Economic

23  Development Trust Fund.

24         Section 15.  Paragraph (a) of subsection (1) and

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

26  Statutes, are amended to read:

27         330.30  Approval of airport sites and licensing of

28  airports; fees.--

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

30  PERIOD, REVOCATION.--

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

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

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

  4  construction or establishment of the proposed airport, obtain

  5  approval of the airport site from the department.

  6  Applications for approval of a site must and for an original

  7  license shall be jointly made on a form prescribed by the

  8  department and must shall be accompanied by a site approval

  9  fee of $100. The department, after inspection of the airport

10  site shall grant the site approval if it is satisfied:

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

12         2.  That the proposed airport, if constructed or

13  established, will conform to minimum standards of safety and

14  will comply with applicable county or municipal zoning

15  requirements;

16         3.  That all nearby airports, municipalities, and

17  property owners have been notified and any comments submitted

18  by them have been given adequate consideration; and

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

20  for the proposed airport and for all existing airports and

21  approved airport sites in its vicinity.

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

23  REVOCATION.--

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

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

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

27  for such license must shall be made on a form prescribed by

28  the department and shall be accomplished jointly with an

29  application for site approval.  Upon completing granting site

30  approval, making a favorable final airport inspection report

31  indicating compliance with all license requirements, and

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  1  receiving the appropriate license fee, the department shall

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

  3  conditions that the department may deem necessary to protect

  4  the public health, safety, or welfare.

  5         Section 16.  Subsection (4) of section 332.004, Florida

  6  Statutes, is amended to read:

  7         332.004  Definitions of terms used in ss.

  8  332.003-332.007.--As used in ss. 332.003-332.007, the term:

  9         (4)  "Airport or aviation development project" or

10  "development project" means any activity associated with the

11  design, construction, purchase, improvement, or repair of a

12  public-use airport or portion thereof, including, but not

13  limited to: the purchase of equipment; the acquisition of

14  land, including land required as a condition of a federal,

15  state, or local permit or agreement for environmental

16  mitigation; offsite airport noise mitigation projects; the

17  removal, lowering, relocation, marking, and lighting of

18  airport hazards; the installation of navigation aids used by

19  aircraft in landing at or taking off from a public airport;

20  the installation of safety equipment required by rule or

21  regulation for certification of the airport under s. 612 of

22  the Federal Aviation Act of 1958, and amendments thereto; and

23  the improvement of access to the airport by road or rail

24  system which is on airport property and which is consistent,

25  to the maximum extent feasible, with the approved local

26  government comprehensive plan of the units of local government

27  in which the airport is located.

28         Section 17.  Subsection (5) of section 334.044, Florida

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

30  (10) of said section, to read:

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  1         334.044  Department; powers and duties.--The department

  2  shall have the following general powers and duties:

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

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

  5  part of public information and education campaigns for the

  6  promotion of traffic and train safety awareness, alternatives

  7  to single occupant vehicle travel, and commercial motor

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

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

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

11  department.

12         (10)

13         (c)  The department is authorized to adopt rules

14  relating to approval of aggregate and other material sources.

15         Section 18.  Subsection (4) is added to section

16  334.187, Florida Statutes, to read:

17         334.187  Guarantee of obligations to the department.--

18         (4)  The department is authorized to adopt rules

19  relating to the use of prepaid escrow accounts for purchases

20  from the department.

21         Section 19.  Subsection (3) of section 335.02, Florida

22  Statutes, is amended to read:

23         335.02  Authority to designate transportation

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

25  for redesignation and relocation.--

26         (3)  The department may establish standards for lanes

27  on the State Highway System, including the Florida Intrastate

28  Highway System established pursuant to s. 338.001. In

29  determining the number of lanes for any regional corridor or

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

31  the department with state or federal funds, the department

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  1  shall evaluate all alternatives and seek to achieve the

  2  highest degree of efficient mobility for corridor users. In

  3  conducting the analysis, the department must give

  4  consideration to the following factors consistent with sound

  5  engineering principles:

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

  7  trade or tourism corridor.

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

  9  of the corridor for evacuation purposes.

10         (c)  Cost-effectiveness of alternative methods of

11  increasing the mobility of corridor users.

12         (d)  Current and projected traffic volumes on the

13  corridor.

14         (e)  Multimodal alternatives.

15         (f)  Use of intelligent transportation technology in

16  increasing the efficiency of the corridor.

17         (g)  Compliance with state and federal policies related

18  to clean air, environmental impacts, growth management,

19  livable communities, and energy conservation.

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

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

22  interregional traffic lanes.

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

24  associated costs, and the most effective use of existing

25  rights-of-way.

26         (j)  Regional economic and transportation objectives,

27  where articulated.

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

29  government comprehensive plans, as appropriate, including

30  designated urban infill and redevelopment areas.

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

  2  local government comprehensive plans, including designated

  3  transportation corridors and public transportation corridors.

  4         (m)  The approved metropolitan planning organization's

  5  long-range transportation plan, as appropriate.

  6

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

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

  9  before the department may determine that the number of lanes

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

11  future alternative forms of transportation within existing or

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

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

14  requirements for such facilities.

15         Section 20.  Subsections (3), (4), and (5) of section

16  335.141, Florida Statutes, are 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         (3)(4)  Jurisdiction to enforce such orders shall be as

29  provided in s. 316.640, and any penalty for violation thereof

30  shall be imposed upon the railroad company guilty of such

31  violation. Nothing herein shall prevent a local governmental

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  1  entity from enacting ordinances relating to the blocking of

  2  streets by railroad engines and cars.

  3         (4)(5)  Any local governmental entity or other public

  4  or private agency planning a public event, such as a parade or

  5  race, that involves the crossing of a railroad track shall

  6  notify the railroad as far in advance of the event as possible

  7  and in no case less than 72 hours in advance of the event so

  8  that the coordination of the crossing may be arranged by the

  9  agency and railroad to assure the safety of the railroad

10  trains and the participants in the event.

11         Section 21.  Paragraph (b) of subsection (1) of section

12  336.025, Florida Statutes, is amended to read:

13         336.025  County transportation system; levy of local

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

15         (1)

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

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

18  3-cent, 4-cent, or 5-cent local option fuel tax upon every

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

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

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

22  membership of the governing body of the county or by

23  referendum.

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

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

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

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

28  1 of the year of expiration.

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

30  by interlocal agreement with one or more municipalities

31  located therein, representing a majority of the population of

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  1  the incorporated area within the county, a distribution

  2  formula for dividing the entire proceeds of the tax among

  3  county government and all eligible municipalities within the

  4  county. If no interlocal agreement is adopted before the

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

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

  7  interlocal agreement exists, a new interlocal agreement may be

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

  9  subparagraph. However, any interlocal agreement agreed to

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

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

12  no circumstances materially or adversely affect the rights of

13  holders of outstanding bonds which are backed by taxes

14  authorized by this paragraph, and the amounts distributed to

15  the county government and each municipality shall not be

16  reduced below the amount necessary for the payment of

17  principal and interest and reserves for principal and interest

18  as required under the covenants of any bond resolution

19  outstanding on the date of establishment of the new interlocal

20  agreement.

21         3.  County and municipal governments shall utilize

22  moneys received pursuant to this paragraph only for

23  transportation expenditures needed to meet the requirements of

24  the capital improvements element of an adopted comprehensive

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

26  construction of new roads, or the reconstruction or

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

28  graded roads when undertaken in part to relieve or mitigate

29  existing or potential adverse environmental impacts, shall be

30  deemed to increase capacity and such projects shall be

31  included in the capital improvements element of an adopted

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  1  comprehensive plan. Expenditures for purposes of this

  2  paragraph shall not include routine maintenance of roads.

  3         Section 22.  Subsection (4) is added to section 336.41,

  4  Florida Statutes, to read:

  5         336.41  Counties; employing labor and providing road

  6  equipment; definitions.--

  7         (4)(a)  For contracts in excess of $250,000, any

  8  governmental entity or authority may require that persons

  9  interested in performing work under the contract first be

10  certified or qualified to do the work. Any contractor

11  prequalified by the department to perform the type of work

12  described under the contract shall be presumed to be qualified

13  to perform the work so described. That presumption may only be

14  overcome by clear and convincing evidence to the contrary

15  supported by findings of fact and conclusions of law.

16         (b)  The governmental entity or authority shall publish

17  prequalification criteria and procedures prior to

18  advertisement or notice of solicitation. Such publications

19  shall include notice of a public hearing for comment on such

20  criteria and procedures prior to adoption. The procedures

21  shall provide for an appeal process within the governmental

22  entity or authority for objections to the prequalification

23  process with de novo appeal to the circuit court.

24         (c)  The contracting entity shall also publish for

25  comment, prior to adoption, the selection criteria and

26  procedures to be used by the governmental entity or authority

27  if such procedures would allow selection of other than the

28  lowest responsible bidder. The selection criteria shall

29  include an appeal process within the contracting entity with

30  de novo appeal to the circuit court.

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  1         Section 23.  Subsection (2) of section 336.44, Florida

  2  Statutes, is amended to read:

  3         336.44  Counties; contracts for construction of roads;

  4  procedure; contractor's bond.--

  5         (2)  Such contracts shall be let to the lowest

  6  responsible competent bidder, after publication of notice for

  7  bids containing specifications furnished by the commissioners

  8  in a newspaper published in the county where such contract is

  9  made, at least once each week for 2 consecutive weeks prior to

10  the making of such contract.

11         Section 24.  Section 337.025, Florida Statutes, is

12  amended to read:

13         337.025  Innovative highway projects; department to

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

15  a program for highway projects demonstrating innovative

16  techniques of highway construction, maintenance, and finance

17  which have the intended effect of controlling time and cost

18  increases on construction projects.  Such techniques may

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

20  for pavement, safety, and other aspects of highway

21  construction and maintenance; innovative bidding and financing

22  techniques; accelerated construction procedures; and those

23  techniques that have the potential to reduce project life

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

25  must use the existing process to award and administer

26  construction and maintenance contracts.  When specific

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

28  required to adhere to those provisions of law that would

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

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

31  innovative technique that is inconsistent with another

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

  2  need for the exception and identify what benefits the

  3  traveling public and the affected community are anticipated to

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

  5  million in contracts annually for the purposes authorized by

  6  this section.

  7         Section 25.  Paragraph (a) of subsection (7) of section

  8  337.11, Florida Statutes, is amended to read:

  9         337.11  Contracting authority of department; bids;

10  emergency repairs, supplemental agreements, and change orders;

11  combined design and construction contracts; progress payments;

12  records; requirements of vehicle registration.--

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

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

15  combine the design and construction phases of a building, a

16  major bridge, or a rail corridor project into a single

17  contract. Such contract is referred to as a design-build

18  contract. Design-build contracts may be advertised and awarded

19  notwithstanding the requirements of paragraph (3)(c). However,

20  construction activities may not begin on any portion of such

21  projects until title to the necessary rights-of-way and

22  easements for the construction of such portion of the project

23  has vested in the state or a local governmental entity and any

24  railroad crossing or utility agreements applicable to such

25  portion of the project have been executed. Title to

26  rights-of-way vests in the state when the title has been

27  dedicated to the public or acquired by prescription.

28         Section 26.  Subsection (4) of section 337.14, Florida

29  Statutes, is amended, and subsection (9) is added to said

30  section, to read:

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  1         337.14  Application for qualification; certificate of

  2  qualification; restrictions; request for hearing.--

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

  4  prescribed qualifications, the department shall issue to him

  5  or her a certificate of qualification that which, unless

  6  thereafter revoked by the department for good cause, will be

  7  valid for a period of 18 16 months after from the date of the

  8  applicant's financial statement or such shorter period as the

  9  department prescribes may prescribe.  If In the event the

10  department finds that an application is incomplete or contains

11  inadequate information or information that which cannot be

12  verified, the department may request in writing that the

13  applicant provide the necessary information to complete the

14  application or provide the source from which any information

15  in the application may be verified.  If the applicant fails to

16  comply with the initial written request within a reasonable

17  period of time as specified therein, the department shall

18  request the information a second time.  If the applicant fails

19  to comply with the second request within a reasonable period

20  of time as specified therein, the application shall be denied.

21         (9)(a)  Notwithstanding any other law to the contrary,

22  for contracts in excess of $250,000, an authority created

23  pursuant to chapter 348 or chapter 349 may require that

24  persons interested in performing work under the contract first

25  be certified or qualified to do the work. Any contractor

26  prequalified by the department to perform the type of work

27  described under the contract shall be presumed to be qualified

28  to perform the work so described. That presumption may only be

29  overcome by clear and convincing evidence to the contrary

30  supported by findings of fact and conclusions of law.

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  1         (b)  The authority shall publish prequalification

  2  criteria and procedures prior to advertisement or notice of

  3  solicitation. Such publications shall include notice of a

  4  public hearing for comment on such criteria and procedures

  5  prior to adoption. The procedures shall provide for an appeal

  6  process within the authority for objections to the

  7  prequalification process with de novo appeal to the circuit

  8  court.

  9         (c)  The contracting entity shall also publish for

10  comment, prior to adoption, the selection criteria and

11  procedures to be used by the authority if such procedures

12  would allow selection of other than the lowest responsible

13  bidder. The selection criteria shall include an appeal process

14  within the contracting entity with de novo appeal to the

15  circuit court.

16

17  The provisions of this subsection shall only apply to

18  contracts which are advertised for prequalification by an

19  authority on or after July 1, 2000.

20         Section 27.  Section 337.175, Florida Statutes, is

21  amended to read:

22         337.175  Retainage.--The department may shall provide

23  in its construction contracts for retaining a portion of the

24  amount due a contractor for work that the contractor has

25  completed, until completion and final acceptance of the

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

27  contractors may shall be allowed to substitute securities as

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

29  deposit or irrevocable letters of credit approved by the

30  department comptroller in lieu of retainage.

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  1         Section 28.  Subsection (1) of section 337.18, Florida

  2  Statutes, is amended to read:

  3         337.18  Surety bonds; requirement with respect to

  4  contract award; defaults; damage assessments.--

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

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

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

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

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

10  nature and nonperformance will not endanger public health,

11  safety, or property. The department may require alternate

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

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

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

15  conditioned for the prompt, faithful, and efficient

16  performance of the contract according to plans and

17  specifications and within the time period specified, and for

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

19  equipment, and supplies therefor; however, whenever an

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

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

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

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

24  order. The department shall adopt rules to implement this

25  subsection. Such rules shall include provisions under which

26  the department will refuse to accept bonds on contracts when a

27  surety wrongfully fails or refuses to settle or provide a

28  defense for claims or actions arising under a contract for

29  which the surety previously furnished a bond.

30         Section 29.  Subsection (1) of section 338.155, Florida

31  Statutes, is amended to read:

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  1         338.155  Payment of toll on toll facilities required;

  2  exemptions.--

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

  4  without payment of tolls, except employees of the agency

  5  operating the toll project when using the toll facility on

  6  official state business, state military personnel while on

  7  official military business, handicapped persons as provided in

  8  this section, persons exempt from toll payment by the

  9  authorizing resolution for bonds issued to finance the

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

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

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

13  police officer operating a marked official vehicle is exempt

14  from toll payment when on official law enforcement business.

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

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

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

18  constitutes a noncriminal traffic infraction, punishable as a

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

20  authorized to adopt rules relating to guaranteed toll

21  accounts.

22         Section 30.  Subsection (1) of section 338.161, Florida

23  Statutes, is amended to read:

24         338.161  Authority of department to advertise and

25  promote electronic toll collection.--

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

27  paid advertising, marketing, and promotion of toll facilities

28  and electronic toll collection products and services.

29  Promotions may include discounts and free products.

30         Section 31.  Subsection (2) of section 339.09, Florida

31  Statutes, is amended to read:

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  1         339.09  Use of transportation tax revenues;

  2  restrictions.--

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

  4  Federal Government, expend transportation tax revenues

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

  6  undesirable rodents, relocation assistance, and moving costs

  7  of persons displaced by highway construction and other related

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

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

10  continue to be eligible for federal highway funds.

11         Section 32.  Paragraph (c) of subsection (4) of section

12  339.12, Florida Statutes, is amended to read:

13         339.12  Aid and contributions by governmental entities

14  for department projects; federal aid.--

15         (4)

16         (c)  The department may is authorized to enter into

17  agreements under this subsection for a project or project

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

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

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

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

22  a high priority of the governmental entity.  Reimbursement for

23  a project or project phase must be made from funds

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

25  other provisions of this subsection apply to agreements

26  entered into under this paragraph.  At no time shall The total

27  amount of project agreements for projects or project phases

28  not included in the adopted work program may not at any time

29  exceed $100 $50 million.

30         Section 33.  Paragraphs (b) and (f) of subsection (4)

31  of section 339.135, Florida Statutes, are amended to read:

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  1         339.135  Work program; legislative budget request;

  2  definitions; preparation, adoption, execution, and

  3  amendment.--

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

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

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

  7  prepared for the State Transportation Trust Fund and other

  8  funds managed by the department, unless otherwise provided by

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

10  district work programs and shall set forth all projects by

11  phase to be undertaken during the ensuing fiscal year and

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

13  the liabilities accruing in each fiscal year of the tentative

14  work program may not exceed the revenues available for

15  expenditure during the respective fiscal year based on the

16  cash forecast for that respective fiscal year.

17         2.  The tentative work program shall be developed in

18  accordance with the Florida Transportation Plan required in s.

19  339.155 and must comply with the program funding levels

20  contained in the program and resource plan.

21         3.  The tentative work program must specifically

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

23  separately allocate funds for advanced right-of-way

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

25  337.276.  Each right-of-way phase that is to be funded through

26  these programs shall be specifically identified in the work

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

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

29  identified.

30         3.4.  The department may include in the tentative work

31  program proposed changes to the programs contained in the

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

  2  however, the department shall minimize changes and adjustments

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

  4  fiscal years contained in the previous adopted work program

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

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

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

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

  9  specifically determines that it is necessary, for specific

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

11  that year.  Such changes and adjustments shall be clearly

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

13  contained in the previous adopted work program and the

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

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

16  program stand as the commitment of the state to undertake

17  transportation projects that local governments may rely on for

18  planning purposes and in the development and amendment of the

19  capital improvements elements of their local government

20  comprehensive plans.

21         4.5.  The tentative work program must include a

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

23  5-year finance plan supporting the tentative work program.

24         (f)  The central office shall submit a preliminary copy

25  of the tentative work program to the Executive Office of the

26  Governor, the legislative appropriations committees, the

27  Florida Transportation Commission, and the Department of

28  Community Affairs at least 14 days prior to the convening of

29  the regular legislative session.  Prior to the statewide

30  public hearing required by paragraph (g), the Department of

31  Community Affairs shall transmit to the Florida Transportation

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  1  Commission a list of those projects and project phases

  2  contained in the first 3 years of the tentative work program,

  3  excluding project development and environment phases, which

  4  are identified as being inconsistent with approved local

  5  government comprehensive plans.  For urbanized areas of

  6  metropolitan planning organizations, the list may not contain

  7  any project or project phase that is scheduled in a

  8  transportation improvement program unless such inconsistency

  9  has been previously reported to the affected metropolitan

10  planning organization.  The commission shall consider the list

11  as part of its evaluation of the tentative work program

12  conducted pursuant to s. 20.23. For purposes of this

13  paragraph, the term "project development and environment

14  phase" means the phase of a transportation project that

15  involves the collection of information and data, the

16  development of engineering alternatives, the evaluation and

17  comparison of the alternatives, and the documentation of

18  engineering decisions and recommendations.

19         Section 34.  Paragraph (c) of subsection (6) of section

20  339.155, Florida Statutes, is amended to read:

21         339.155  Transportation planning.--

22         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

23  TRANSPORTATION PLANNING.--

24         (c)  Opportunity for design hearings:

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

26  shall duly notify notice all affected property owners of

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

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

29  The affected property owners shall be:

30

31

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

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

  3  proposed facility.

  4         b.  Those whom who the department determines will be

  5  substantially affected environmentally, economically,

  6  socially, or safetywise.

  7         2.  For each subsequent hearing, the department shall

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

  9  hearing date in a newspaper of general circulation for the

10  area affected.  These notices must be published twice, with

11  the first notice appearing at least 15 days, but no earlier

12  than 30 days, before the hearing.

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

14  must shall be furnished to the United States Department of

15  Transportation and to the appropriate departments of the state

16  government at the time of publication.

17         Section 35.  Subsections (8) and (10) of section

18  341.031, Florida Statutes, are amended to read:

19         341.031  Definitions.--As used in ss. 341.011-341.061,

20  the term:

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

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

23  new or innovative technique or measure can be utilized to

24  improve or expand public transit services to its constituency.

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

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

27  341.051(5)(e)(f), but in no case shall exceed a period of 3

28  years.  Public transit service development projects

29  specifically include projects involving the utilization of new

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

31  purchase of special transportation services; and other such

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  1  techniques for increasing service to the riding public as are

  2  applicable to specific localities and transit user groups.

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

  4  is undertaken by a public agency and designed to relieve

  5  congestion and improve capacity within an identified

  6  transportation corridor by increasing people-carrying capacity

  7  of the system through the use and facilitated movement of

  8  high-occupancy conveyances.  Each transit corridor project

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

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

11  capital investment policy developed pursuant to s.

12  341.051(5)(b).  Initial project duration shall not exceed a

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

14  Legislature.  Such reauthorization shall be based upon a

15  determination that the project is meeting or exceeding the

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

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

18  the project in a departmental appropriation request.

19         Section 36.  Subsection (5) of section 341.051, Florida

20  Statutes, is amended to read:

21         341.051  Administration and financing of public transit

22  programs and projects.--

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

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

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

26  of any eligible public transit capital project or commuter

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

28  that departmental participation in the final design,

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

30  individual fixed-guideway project which is not approved for

31

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  1  federal funding shall not exceed an amount equal to 12.5

  2  percent of the total cost of each phase.

  3         (b)  The Department of Transportation shall develop a

  4  major capital investment policy which shall include policy

  5  criteria and guidelines for the expenditure or commitment of

  6  state funds for public transit capital projects. The policy

  7  shall include the following:

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

  9  transit project with the approved local government

10  comprehensive plans of the units of local government in which

11  the project is located.

12         2.  Methods for evaluating the level of local

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

14  through system planning and the development of a feasible plan

15  to fund operating cost through fares, value capture techniques

16  such as joint development and special districts, or other

17  local funding mechanisms.

18         3.  Methods for evaluating alternative transit systems

19  including an analysis of technology and alternative methods

20  for providing transit services in the corridor.

21         (b)(c)  The department may is authorized to fund up to

22  100 percent of the cost of any eligible transit capital

23  project or commuter assistance project that is statewide in

24  scope or involves more than one county where no other

25  governmental entity or appropriate jurisdiction exists.

26         (c)(d)  The department may is authorized to advance up

27  to 80 percent of the capital cost of any eligible project that

28  will assist Florida's transit systems in becoming fiscally

29  self-sufficient.  Such advances must shall be reimbursed to

30  the department on an appropriate schedule not to exceed 5

31  years after the date of provision of the advances.

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  1         (d)(e)  The department may is authorized to fund up to

  2  100 percent of the capital and net operating costs of

  3  statewide transit service development projects or transit

  4  corridor projects.  All transit service development projects

  5  must shall be specifically identified by way of a departmental

  6  appropriation request, and transit corridor projects must

  7  shall be identified as part of the planned improvements on

  8  each transportation corridor designated by the department.

  9  The project objectives, the assigned operational and financial

10  responsibilities, the timeframe required to develop the

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

12  project will be judged must shall be documented by the

13  department for each such transit service development project

14  or transit corridor project.

15         (e)(f)  The department may is authorized to fund up to

16  50 percent of the capital and net operating costs of transit

17  service development projects that are local in scope and that

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

19  such projects must shall be identified in the appropriation

20  request of the department through a specific program of

21  projects, as provided for in s. 341.041, which that is

22  selectively applied in the following functional areas and is

23  subject to the specified times of duration:

24         1.  Improving system operations, including, but not

25  limited to, realigning route structures, increasing system

26  average speed, decreasing deadhead mileage, expanding area

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

28  to 3 years;

29         2.  Improving system maintenance procedures, including,

30  but not limited to, effective preventive maintenance programs,

31  improved mechanics training programs, decreasing service

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  1  repair calls, decreasing parts inventory requirements, and

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

  3         3.  Improving marketing and consumer information

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

  5  services, organized advertising and promotion programs, and

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

  7  and

  8         4.  Improving technology involved in overall

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

10  fare collection techniques, electronic data processing

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

12

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

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

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

16         Section 37.  Subsection (10) of section 341.302,

17  Florida Statutes, is amended to read:

18         341.302  Rail program, duties and responsibilities of

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

20  governmental units and the private sector, shall develop and

21  implement a rail program of statewide application designed to

22  ensure the proper maintenance, safety, revitalization, and

23  expansion of the rail system to assure its continued and

24  increased availability to respond to statewide mobility needs.

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

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

27  shall:

28         (10)  Administer rail operating and construction

29  programs, which programs shall include the regulation of

30  maximum train operating speeds, the opening and closing of

31  public grade crossings, the construction and rehabilitation of

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  1  public grade crossings, and the installation of traffic

  2  control devices at public grade crossings, the administering

  3  of the programs by the department including participation in

  4  the cost of the programs.

  5         Section 38.  Subsection (2) of section 343.63, Florida

  6  Statutes, is amended to read:

  7         343.63  Central Florida Regional Transportation

  8  Authority.--

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

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

11  follows:

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

13  Osceola Counties shall each elect a commissioner as that

14  commission's representative on the board.  The commissioner

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

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

17  commissioners on the governing board of the authority shall be

18  2 years.

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

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

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

22  board.

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

24  board who are residents and qualified electors in the area

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

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

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

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

29  five members One of the members initially appointed by the

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

31

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

  2  Governor shall serve a term of 4 years.

  3         (d)  The Secretary of Transportation shall appoint the

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

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

  6  this member shall be a nonvoting member.

  7         Section 39.  Subsection (6) is added to section 343.64,

  8  Florida Statutes, to read:

  9         343.64  Powers and duties.--

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

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

12  board partnership with any county which is a contiguous county

13  to the existing Central Florida Regional Transportation

14  Authority service area. The board shall determine the

15  conditions and terms, including the number of representatives

16  of such partnership.

17         Section 40.  Subsection (3) of section 351.03, Florida

18  Statutes, is amended to read:

19         351.03  Railroad-highway grade-crossing warning signs

20  and signals; audible warnings; exercise of reasonable care;

21  blocking highways, roads, and streets during darkness.--

22         (3)  Except as provided in subsection (4), any railroad

23  train approaching within 1,500 feet of a public

24  railroad-highway grade crossing shall emit or cause to be

25  emitted an audible signal a signal audible for such distance.

26  Such signal shall be sounded for a period of at least 20

27  seconds or for 1,500 feet from the crossing, whichever is

28  less, and continue to be sounded until the railroad-highway

29  grade crossing is occupied by the railroad train.

30

31

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  1         Section 41.  Paragraph (a) of subsection (2) and

  2  subsection (3) of section 373.4137, Florida Statutes, are

  3  amended to read:

  4         373.4137  Mitigation requirements.--

  5         (2)  Environmental impact inventories for

  6  transportation projects proposed by the Department of

  7  Transportation shall be developed as follows:

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

  9  Transportation shall submit to the Department of Environmental

10  Protection and the water management districts a copy of its

11  tentative adopted work program and an inventory of habitats

12  addressed in the rules adopted tentatively, pursuant to this

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

14  which may be impacted by its plan of construction for

15  transportation projects in the next 3 years of the tentative

16  work program. The Department of Transportation may also

17  include in its inventory the habitat impacts of any future

18  transportation project identified in the tentative work

19  program.

20         (3)  To fund the mitigation plan for the projected

21  impacts identified in the inventory described in subsection

22  (2), the Department of Transportation shall identify funds

23  quarterly in an escrow account within the State Transportation

24  Trust Fund for the environmental mitigation phase of projects

25  budgeted by the Department of Transportation for the current

26  fiscal year. The escrow account will be maintained by the

27  Department of Transportation for the benefit of the Department

28  of Environmental Protection and the water management

29  districts.  Any interest earnings from the escrow account

30  shall remain with the Department of Transportation.  The

31  Department of Environmental Protection or water management

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  1  districts may request a transfer of funds from the escrow

  2  account no sooner than 30 days prior to the date the funds are

  3  needed to pay for activities associated with development or

  4  implementation of the approved mitigation plan described in

  5  subsection (4) for the current fiscal year, including, but not

  6  limited to, design, engineering, production, and staff

  7  support. Actual conceptual plan preparation costs incurred

  8  before plan approval may be submitted to the Department of

  9  Transportation and the Department of Environmental Protection

10  by November 1 of each year with the plan. The conceptual plan

11  preparation costs of each water management district will be

12  paid based on the amount approved on the mitigation plan and

13  allocated to the current fiscal year projects identified by

14  the water management district.  The amount transferred to the

15  escrow account each year by the Department of Transportation

16  shall correspond to a cost per acre of $75,000 multiplied by

17  the projected acres of impact identified in the inventory

18  described in subsection (2). However, the $75,000 cost per

19  acre does not constitute an admission against interest by the

20  state or its subdivisions, nor is the cost admissible as

21  evidence of full compensation for any property acquired by

22  eminent domain or through inverse condemnation.  Each July 1,

23  the cost per acre shall be adjusted by the percentage change

24  in the average of the Consumer Price Index issued by the

25  United States Department of Labor for the most recent 12-month

26  period ending September 30, compared to the base year average,

27  which is the average for the 12-month period ending September

28  30, 1996.  At the end of each year, the projected acreage of

29  impact shall be reconciled with the acreage of impact of

30  projects as permitted, including permit modifications,

31  pursuant to this part and s. 404 of the Clean Water Act, 33

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  1  U.S.C. s. 1344. The subject year's transfer of funds shall be

  2  adjusted accordingly to reflect the overtransfer or

  3  undertransfer of funds from the preceding year. The Department

  4  of Transportation is authorized to transfer such funds from

  5  the escrow account to the Department of Environmental

  6  Protection and the water management districts to carry out the

  7  mitigation programs.

  8         Section 42.  Subsection (9) of section 427.013, Florida

  9  Statutes, is amended to read:

10         427.013  The Commission for the Transportation

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

12  the commission is to accomplish the coordination of

13  transportation services provided to the transportation

14  disadvantaged. The goal of this coordination shall be to

15  assure the cost-effective provision of transportation by

16  qualified community transportation coordinators or

17  transportation operators for the transportation disadvantaged

18  without any bias or presumption in favor of multioperator

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

20  operator systems or for-profit transportation operators. In

21  carrying out this purpose, the commission shall:

22         (9)  Develop by rule standards for community

23  transportation coordinators and any transportation operator or

24  coordination contractor from whom service is purchased or

25  arranged by the community transportation coordinator covering

26  coordination, operation, safety, insurance, eligibility for

27  service, costs, and utilization of transportation

28  disadvantaged services. These standards and rules must shall

29  include, but not be limited to:

30

31

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

  2  costs for the various modes and types of transportation

  3  services provided.

  4         (b)  Minimum performance standards for the delivery of

  5  services. These standards must should be included in

  6  coordinator contracts and transportation operator contracts

  7  with clear penalties for repeated or continuing violations.

  8         (c)  Minimum liability insurance requirements for all

  9  transportation services purchased, provided, or coordinated

10  for the transportation disadvantaged through the community

11  transportation coordinator.

12         Section 43.  Subsection (3) of section 427.0135,

13  Florida Statutes, is amended to read:

14         427.0135  Member departments; duties and

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

16  policies and procedures of the commission, shall:

17         (3)  Assist communities in developing coordinated

18  transportation systems designed to serve the transportation

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

20  the community transportation coordinator in any designated

21  service area.

22         Section 44.  Subsection (2) of section 427.015, Florida

23  Statutes, is amended to read:

24         427.015  Function of the metropolitan planning

25  organization or designated official planning agency in

26  coordinating transportation for the transportation

27  disadvantaged.--

28         (2)  Each metropolitan planning organization or

29  designated official planning agency shall recommend to the

30  commission a single community transportation coordinator.

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

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  1  transportation coordinator in any designated service area. The

  2  coordinator may provide all or a portion of needed

  3  transportation services for the transportation disadvantaged

  4  but shall be responsible for the provision of those

  5  coordinated services. Based on approved commission evaluation

  6  criteria, the coordinator shall subcontract or broker those

  7  services that are more cost-effectively and efficiently

  8  provided by subcontracting or brokering. The performance of

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

10  approved evaluation criteria by the coordinating board at

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

12  the metropolitan planning organization or the designated

13  official planning agency, and the commission. The

14  recommendation or termination of any community transportation

15  coordinator shall be subject to approval by the commission.

16         Section 45.  Except as otherwise provided herein, this

17  act shall take effect upon becoming a law.

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