House Bill hb1053c1

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    Florida House of Representatives - 2001             CS/HB 1053

        By the Committee on Transportation and Representative
    Russell





  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; revising language with respect to

  4         the organization of the department; deleting

  5         responsibilities assigned to the secretary;

  6         providing that the secretary or his or her

  7         designee shall submit a report on major actions

  8         at each meeting of the Florida Transportation

  9         Commission; revising language with respect to

10         assistant secretaries; creating the Office of

11         Comptroller; deleting language with respect to

12         the inspector general and comptroller; amending

13         s. 110.205, F.S.; correcting cross references,

14         to conform; amending s. 206.46, F.S.; raising

15         the statutory cap on the department's required

16         debt service coverage for right-of-way

17         acquisition and bridge construction; amending

18         s. 255.20, F.S.; exempting certain

19         transportation projects for certain competitive

20         bidding requirements; amending s. 311.07, F.S.;

21         raising from $8 million to $10 million the

22         minimum amount of funds the department makes

23         available to the Florida Seaport Transportation

24         Program; adding seaport security projects to

25         the types of projects eligible for these funds;

26         exempting seaport security projects from

27         matching requirements; amending s. 316.302,

28         F.S.; revising a date concerning commercial

29         motor vehicles to conform to federal

30         regulations; amending s. 316.3025, F.S.;

31         updating a cross reference to federal trucking

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  1         regulations; amending s. 316.515, F.S.;

  2         deleting a requirement for a department permit

  3         with respect to the height of automobile

  4         transporters; amending s. 316.535, F.S.; adding

  5         weight requirements for certain commercial

  6         trucks; amending s. 316.545, F.S.; correcting a

  7         cross reference; amending s. 330.27, F.S.;

  8         revising definitions relating to aviation;

  9         providing definitions; amending s. 330.29,

10         F.S.; clarifying the department's rulemaking

11         authority with respect to airports; amending s.

12         330.30, F.S.; eliminating airport license fees;

13         revising language with respect to the

14         department's site approval process; eliminating

15         on-site inspections of private airports;

16         creating a registration process for private

17         airports; providing conditions; deleting

18         obsolete language; amending s. 330.35, F.S.;

19         deleting obsolete language with respect to

20         airport zoning; amending s. 330.36, F.S.;

21         providing conditions under which municipalities

22         may prohibit or otherwise regulate seaplanes;

23         amending s. 332.004, F.S.; adding off-airport

24         noise mitigation projects to the projects

25         eligible for federal and state matching funds;

26         amending s. 334.044, F.S.; authorizing the

27         department to expend promotional money on

28         scenic highway projects; authorizing the

29         department to delegate its drainage permitting

30         responsibilities to other governmental entities

31         under certain circumstances; amending s.

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  1         334.30, F.S.; clarifying existing program for

  2         public-private transportation projects;

  3         deleting requirement for legislative approval

  4         except for projects requiring more than $50

  5         million from the State Transportation Trust

  6         Fund; specifying notice and selection

  7         requirements for projects under this section;

  8         allowing Internal Revenue Service Code chapter

  9         63-20 corporations to participate in these

10         public-private transportation projects;

11         providing conditions for using loans from Toll

12         Facilities Revolving Trust Fund; deleting

13         obsolete language; creating s. 335.066, F.S.;

14         creating the Safe Paths to Schools Program;

15         directing the department to establish the

16         program and to authorize establishment of a

17         grant program for purposes of funding the

18         program; authorizing the department to adopt

19         rules to administer the program; amending s.

20         335.141, F.S.; eliminating the requirement that

21         the department regulate all train speeds;

22         amending s. 336.41, F.S.; clarifying that a

23         contract already qualified by the Department of

24         Transportation is presumed qualified to bid on

25         county road projects; amending s. 336.44, F.S.;

26         replacing the term "competent" with

27         "responsible bidder"; amending s. 337.107,

28         F.S.; authorizing the department to enter into

29         design-build contracts that include

30         right-of-acquisition services; amending s.

31         337.11, F.S.; raising the cap on certain

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  1         contracts into which the department can enter

  2         without first obtaining bids; adding

  3         enhancement projects to the types of projects

  4         that can be combined into a design-build

  5         contract; specifying that construction on

  6         design-build projects may not begin until

  7         certain conditions have been met; amending s.

  8         337.14, F.S.; clarifying that contractors

  9         qualified by the Department of Transportation

10         are presumed qualified to bid on projects for

11         expressway authorities; amending s. 337.401,

12         F.S.; providing that for projects on public

13         roads or rail corridors under the department's

14         jurisdiction, a utility relocation schedule and

15         relocation agreement may be executed in lieu of

16         a written permit; amending s. 337.408, F.S.;

17         specifying dimensions of bus benches, transit

18         shelters, and waste receptacles; giving the

19         Department of Transportation rulemaking

20         authority pertaining to regulating these

21         structures; amending s. 339.08, F.S.;

22         clarifying language with respect to the use of

23         moneys in the State Transportation Trust Fund;

24         amending s. 339.12, F.S.; providing that local

25         governments which perform projects for the

26         department are reimbursed promptly; specifying

27         that certain counties that use revenues from a

28         1-cent local option sales tax for state

29         transportation improvement projects not be

30         penalized by receiving fewer state

31         transportation funds; amending s. 339.135,

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  1         F.S.; conforming language with respect to the

  2         tentative work program; increasing the

  3         statutory budgetary amendment caps for certain

  4         activities; amending s. 341.051, F.S.; deleting

  5         obsolete language; amending s. 341.302, F.S.;

  6         deleting language requiring the department to

  7         perform certain railroad regulation tasks which

  8         are federal responsibilities; amending s.

  9         348.0003, F.S.; giving a county governing body

10         authority to set qualifications, terms of

11         office, and obligations for the members of

12         expressway authorities within their

13         jurisdictions; amending ss. 348.0012, 348.754,

14         348.7543, 348.7544, 348.7545, 348.755, and

15         348.765, F.S.; giving the Orlando-Orange County

16         Expressway Authority the ability to issue

17         bonds, rather than issuance through the state

18         Division of Bond Finance; amending s. 373.4137,

19         F.S.; allowing transportation authorities

20         created pursuant to chs. 348 and 349, F.S., to

21         create environmental impact inventories and

22         participate in a mitigation program to offset

23         adverse impacts caused by their transportation

24         projects; amending s. 479.15, F.S.; revising

25         language with respect to harmony of regulations

26         concerning lawfully erected signs; creating s.

27         479.25, F.S.; authorizing local governments to

28         enter into agreements which allow outdoor signs

29         to be erected above sound barriers; creating s.

30         70.20, F.S.; creating process for governmental

31         entities and sign owners to enter into

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  1         relocation and reconstruction agreements

  2         related to outdoor advertising signs; providing

  3         for just compensation to sign owners under

  4         certain conditions; amending s. 496.425, F.S.;

  5         redefining the term "facility"; creating s.

  6         496.4256, F.S.; providing that a governmental

  7         entity or authority that owns or operates

  8         welcome centers, wayside parks, service plazas,

  9         or rest areas on the state highway system are

10         not required to issue a permit to, or grant

11         access to, any person for the purpose of

12         soliciting funds; repealing s. 316.3027, F.S.;

13         relating to identification requirements on

14         certain commercial motor vehicles; repealing s.

15         316.610(3), F.S.; relating to certain

16         inspections of certain commercial motor

17         vehicles; providing an effective date.

18

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

20

21         Section 1.  Section 20.23, Florida Statutes, is amended

22  to read:

23         20.23  Department of Transportation.--There is created

24  a Department of Transportation which shall be a decentralized

25  agency.

26         (1)(a)1.  The head of the Department of Transportation

27  is the Secretary of Transportation. The secretary shall be

28  appointed by the Governor from among three persons nominated

29  by the Florida Transportation Commission and shall be subject

30  to confirmation by the Senate. The secretary shall serve at

31  the pleasure of the Governor.

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  1         (b)2.  The secretary shall be a proven, effective

  2  administrator who by a combination of education and experience

  3  shall clearly possess a broad knowledge of the administrative,

  4  financial, and technical aspects of the development,

  5  operation, and regulation of transportation systems and

  6  facilities or comparable systems and facilities.

  7         (b)1.  The secretary shall employ all personnel of the

  8  department.  He or she shall implement all laws, rules,

  9  policies, and procedures applicable to the operation of the

10  department and may not by his or her actions disregard or act

11  in a manner contrary to any such policy.  The secretary shall

12  represent the department in its dealings with other state

13  agencies, local governments, special districts, and the

14  Federal Government.  He or she shall have authority to sign

15  and execute all documents and papers necessary to carry out

16  his or her duties and the operations of the department. At

17  each meeting of the Florida Transportation Commission, the

18  secretary shall submit a report of major actions taken by him

19  or her as official representative of the department.

20         2.  The secretary shall cause the annual department

21  budget request, the Florida Transportation Plan, and the

22  tentative work program to be prepared in accordance with all

23  applicable laws and departmental policies and shall submit the

24  budget, plan, and program to the Florida Transportation

25  Commission. The commission shall perform an in-depth

26  evaluation of the budget, plan, and program for compliance

27  with all applicable laws and departmental policies.  If the

28  commission determines that the budget, plan, or program is not

29  in compliance with all applicable laws and departmental

30  policies, it shall report its findings and recommendations

31

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  1  regarding such noncompliance to the Legislature and the

  2  Governor.

  3         (c)3.  The secretary shall provide to the Florida

  4  Transportation Commission or its staff, such assistance,

  5  information, and documents as are requested by the commission

  6  or its staff to enable the commission to fulfill its duties

  7  and responsibilities.

  8         (d)(c)  The secretary shall appoint two three assistant

  9  secretaries who shall be directly responsible to the secretary

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

11  section and such other duties as are assigned by the

12  secretary.  The secretary may delegate to any assistant

13  secretary the authority to act in the absence of the

14  secretary. The department has the authority to adopt rules

15  necessary for the delegation of authority beyond the assistant

16  secretaries. The assistant secretaries shall serve at the

17  pleasure of the secretary.

18         (e)(d)  Any secretary appointed after July 5, 1989, and

19  the assistant secretaries shall be exempt from the provisions

20  of part III of chapter 110 and shall receive compensation

21  commensurate with their qualifications and competitive with

22  compensation for comparable responsibility in the private

23  sector.  When the salary of any assistant secretary exceeds

24  the limits established in part III of chapter 110, the

25  Governor shall approve said salary.

26         (2)(a)1.  The Florida Transportation Commission is

27  hereby created and shall consist of nine members appointed by

28  the Governor subject to confirmation by the Senate.  Members

29  of the commission shall serve terms of 4 years each.

30         2.  Members shall be appointed in such a manner as to

31  equitably represent all geographic areas of the state.  Each

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  1  member must be a registered voter and a citizen of the state.

  2  Each member of the commission must also possess business

  3  managerial experience in the private sector.

  4         3.  A member of the commission shall represent the

  5  transportation needs of the state as a whole and may not

  6  subordinate the needs of the state to those of any particular

  7  area of the state.

  8         4.  The commission is assigned to the Office of the

  9  Secretary of the Department of Transportation for

10  administrative and fiscal accountability purposes, but it

11  shall otherwise function independently of the control and

12  direction of the department.

13         (b)  The commission shall have the primary functions

14  to:

15         1.  Recommend major transportation policies for the

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

17  revisions thereto are properly executed.

18         2.  Periodically review the status of the state

19  transportation system including highway, transit, rail,

20  seaport, intermodal development, and aviation components of

21  the system and recommend improvements therein to the Governor

22  and the Legislature.

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

24  department budget request, the Florida Transportation Plan,

25  and the tentative work program for compliance with all

26  applicable laws and established departmental policies. Except

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

28  the commission may not consider individual construction

29  projects, but shall consider methods of accomplishing the

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

31  businesslike manner.

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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         (c)  The commission or a member thereof may not enter

27  into the day-to-day operation of the department and is

28  specifically prohibited from taking part in:

29         1.  The awarding of contracts.

30         2.  The selection of a consultant or contractor or the

31  prequalification of any individual consultant or contractor.

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  1  However, the commission may recommend to the secretary

  2  standards and policies governing the procedure for selection

  3  and prequalification of consultants and contractors.

  4         3.  The selection of a route for a specific project.

  5         4.  The specific location of a transportation facility.

  6         5.  The acquisition of rights-of-way.

  7         6.  The employment, promotion, demotion, suspension,

  8  transfer, or discharge of any department personnel.

  9         7.  The granting, denial, suspension, or revocation of

10  any license or permit issued by the department.

11         (d)1.  The chair of the commission shall be selected by

12  the commission members and shall serve a 1-year term.

13         2.  The commission shall hold a minimum of 4 regular

14  meetings annually, and other meetings may be called by the

15  chair upon giving at least 1 week's notice to all members and

16  the public pursuant to chapter 120. Other meetings may also be

17  held upon the written request of at least four other members

18  of the commission, with at least 1 week's notice of such

19  meeting being given to all members and the public by the chair

20  pursuant to chapter 120. Emergency meetings may be held

21  without notice upon the request of all members of the

22  commission. At each meeting of the commission, the secretary

23  or his or her designee shall submit a report of major actions

24  taken by him or her as official representative of the

25  department.

26         3.  A majority of the membership of the commission

27  constitutes a quorum at any meeting of the commission.  An

28  action of the commission is not binding unless the action is

29  taken pursuant to an affirmative vote of a majority of the

30  members present, but not fewer than four members of the

31

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  1  commission at a meeting held pursuant to subparagraph 2., and

  2  the vote is recorded in the minutes of that meeting.

  3         4.  The chair shall cause to be made a complete record

  4  of the proceedings of the commission, which record shall be

  5  open for public inspection.

  6         (e)  The meetings of the commission shall be held in

  7  the central office of the department in Tallahassee unless the

  8  chair determines that special circumstances warrant meeting at

  9  another location.

10         (f)  Members of the commission are entitled to per diem

11  and travel expenses pursuant to s. 112.061.

12         (g)  A member of the commission may not have any

13  interest, direct or indirect, in any contract, franchise,

14  privilege, or other benefit granted or awarded by the

15  department during the term of his or her appointment and for 2

16  years after the termination of such appointment.

17         (h)  The commission shall appoint an executive director

18  and assistant executive director, who shall serve under the

19  direction, supervision, and control of the commission.  The

20  executive director, with the consent of the commission, shall

21  employ such staff as are necessary to perform adequately the

22  functions of the commission, within budgetary limitations.

23  All employees of the commission are exempt from part II of

24  chapter 110 and shall serve at the pleasure of the commission.

25  The salaries and benefits of all employees of the commission

26  shall be set in accordance with the Selected Exempt Service;

27  provided, however, that the commission shall have complete

28  authority for fixing the salary of the executive director and

29  assistant executive director.

30         (i)  The commission shall develop a budget pursuant to

31  chapter 216. The budget is not subject to change by the

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  1  department, but such budget shall be submitted to the Governor

  2  along with the budget of the department.

  3         (3)(a)  The central office shall establish departmental

  4  policies, rules, procedures, and standards and shall monitor

  5  the implementation of such policies, rules, procedures, and

  6  standards in order to ensure uniform compliance and quality

  7  performance by the districts and central office units that

  8  implement transportation programs.  Major transportation

  9  policy initiatives or revisions shall be submitted to the

10  commission for review. The central office monitoring function

11  shall be based on a plan that clearly specifies what areas

12  will be monitored, activities and criteria used to measure

13  compliance, and a feedback process that assures monitoring

14  findings are reported and deficiencies corrected.  The

15  secretary is responsible for ensuring that a central office

16  monitoring function is implemented, and that it functions

17  properly.  In conjunction with its monitoring function, the

18  central office shall provide such training and administrative

19  support to the districts as the department determines to be

20  necessary to ensure that the department's programs are carried

21  out in the most efficient and effective manner.

22         (b)  The resources necessary to ensure the efficiency,

23  effectiveness, and quality of performance by the department of

24  its statutory responsibilities shall be allocated to the

25  central office.

26         (b)(c)  The secretary shall appoint an Assistant

27  Secretary for Transportation Policy and, an Assistant

28  Secretary for Finance and Administration, and an Assistant

29  Secretary for District Operations, each of whom shall serve at

30  the pleasure of the secretary.  The positions are responsible

31  for developing, monitoring, and enforcing policy and managing

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  1  major technical programs.  The responsibilities and duties of

  2  these positions include, but are not limited to, the following

  3  functional areas:

  4         1.  Assistant Secretary for Transportation Policy.--

  5         a.  Development of the Florida Transportation Plan and

  6  other policy planning;

  7         b.  Development of statewide modal systems plans,

  8  including public transportation systems;

  9         c.  Design of transportation facilities;

10         d.  Construction of transportation facilities;

11         e.  Acquisition and management of transportation

12  rights-of-way; and

13         f.  Administration of motor carrier compliance and

14  safety.

15         2.  Assistant Secretary for District Operations.--

16         a.  Administration of the eight districts; and

17         b.  Implementation of the decentralization of the

18  department.

19         3.  Assistant Secretary for Finance and

20  Administration.--

21         a.  Financial planning and management;

22         b.  Information systems;

23         c.  Accounting systems;

24         d.  Administrative functions; and

25         e.  Administration of toll operations.

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

27  established within the central office for the purposes of:

28         a.  Developing policy and procedures and monitoring

29  performance to ensure compliance with these policies and

30  procedures;

31

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  1         b.  Performing statewide activities which it is more

  2  cost-effective to perform in a central location;

  3         c.  Assessing and ensuring the accuracy of information

  4  within the department's financial management information

  5  systems; and

  6         d.  Performing other activities of a statewide nature.

  7         1.2.  The following offices are established and shall

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

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

10  classified at a level equal to a division director:

11         a.  The Office of Administration;

12         b.  The Office of Policy Planning;

13         c.  The Office of Design;

14         d.  The Office of Highway Operations;

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

16         f.  The Office of Toll Operations;

17         g.  The Office of Information Systems; and

18         h.  The Office of Motor Carrier Compliance;.

19         i.  The Office of Management and Budget; and

20         j.  The Office of Comptroller.

21         2.3.  Other offices may be established in accordance

22  with s. 20.04(7). The heads of such offices are exempt from

23  part II of chapter 110. No office or organization shall be

24  created at a level equal to or higher than a division without

25  specific legislative authority.

26         3.4.  During the construction of a major transportation

27  improvement project or as determined by the district

28  secretary, the department may provide assistance to a business

29  entity significantly impacted by the project if the entity is

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

31  prior to the beginning of construction and has direct or

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  1  shared access to the transportation project being constructed.

  2  The assistance program shall be in the form of additional

  3  guarantees to assist the impacted business entity in receiving

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

  5  instance shall the combined guarantees be greater than 90

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

  7  implement this subparagraph.

  8         (e)  The Assistant Secretary for Finance and

  9  Administration must possess a broad knowledge of the

10  administrative, financial, and technical aspects of a complete

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

12  management information systems. The Assistant Secretary for

13  Finance and Administration must be a proven, effective manager

14  with specialized skills in financial planning and management.

15  The Assistant Secretary for Finance and Administration shall

16  ensure that financial information is processed in a timely,

17  accurate, and complete manner.

18         (f)1.  Within the central office there is created an

19  Office of Management and Budget.  The head of the Office of

20  Management and Budget is responsible to the Assistant

21  Secretary for Finance and Administration and is exempt from

22  part II of chapter 110.

23         2.  The functions of the Office of Management and

24  Budget include, but are not limited to:

25         a.  Preparation of the work program;

26         b.  Preparation of the departmental budget; and

27         c.  Coordination of related policies and procedures.

28         3.  The Office of Management and Budget shall also be

29  responsible for developing uniform implementation and

30  monitoring procedures for all activities performed at the

31  district level involving the budget and the work program.

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  1         (c)(g)  The secretary shall may appoint an inspector

  2  general pursuant to s. 20.055 who shall be directly

  3  responsible to the secretary and shall serve at the pleasure

  4  of the secretary.

  5         (h)1.  The secretary shall appoint an inspector general

  6  pursuant to s. 20.055. To comply with recommended professional

  7  auditing standards related to independence and objectivity,

  8  the inspector general shall be appointed to a position within

  9  the Career Service System and may be removed by the secretary

10  with the concurrence of the Transportation Commission.  In

11  order to attract and retain an individual who has the proven

12  technical and administrative skills necessary to comply with

13  the requirements of this section, the agency head may appoint

14  the inspector general to a classification level within the

15  Career Service System that is equivalent to that provided for

16  in part III of chapter 110. The inspector general may be

17  organizationally located within another unit of the department

18  for administrative purposes, but shall function independently

19  and be directly responsible to the secretary pursuant to s.

20  20.055. The duties of the inspector general shall include, but

21  are not restricted to, reviewing, evaluating, and reporting on

22  the policies, plans, procedures, and accounting, financial,

23  and other operations of the department and recommending

24  changes for the improvement thereof, as well as performing

25  audits of contracts and agreements between the department and

26  private entities or other governmental entities. The inspector

27  general shall give priority to reviewing major parts of the

28  department's accounting system and central office monitoring

29  function to determine whether such systems effectively ensure

30  accountability and compliance with all laws, rules, policies,

31  and procedures applicable to the operation of the department.

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  1  The inspector general shall also give priority to assessing

  2  the department's management information systems as required by

  3  s. 282.318.  The internal audit function shall use the

  4  necessary expertise, in particular, engineering, financial,

  5  and property appraising expertise, to independently evaluate

  6  the technical aspects of the department's operations.  The

  7  inspector general shall have access at all times to any

  8  personnel, records, data, or other information of the

  9  department and shall determine the methods and procedures

10  necessary to carry out his or her duties. The inspector

11  general is responsible for audits of departmental operations

12  and for audits of consultant contracts and agreements, and

13  such audits shall be conducted in accordance with generally

14  accepted governmental auditing standards.  The inspector

15  general shall annually perform a sufficient number of audits

16  to determine the efficiency and effectiveness, as well as

17  verify the accuracy of estimates and charges, of contracts

18  executed by the department with private entities and other

19  governmental entities.  The inspector general has the sole

20  responsibility for the contents of his or her reports, and a

21  copy of each report containing his or her findings and

22  recommendations shall be furnished directly to the secretary

23  and the commission.

24         2.  In addition to the authority and responsibilities

25  herein provided, the inspector general is required to report

26  to the:

27         a.  Secretary whenever the inspector general makes a

28  preliminary determination that particularly serious or

29  flagrant problems, abuses, or deficiencies relating to the

30  administration of programs and operations of the department

31  have occurred. The secretary shall review and assess the

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  1  correctness of the preliminary determination by the inspector

  2  general. If the preliminary determination is substantiated,

  3  the secretary shall submit such report to the appropriate

  4  committees of the Legislature within 7 calendar days, together

  5  with a report by the secretary containing any comments deemed

  6  appropriate.  Nothing in this section shall be construed to

  7  authorize the public disclosure of information which is

  8  specifically prohibited from disclosure by any other provision

  9  of law.

10         b.  Transportation Commission and the Legislature any

11  actions by the secretary that prohibit the inspector general

12  from initiating, carrying out, or completing any audit after

13  the inspector general has decided to initiate, carry out, or

14  complete such audit.  The secretary shall, within 30 days

15  after transmission of the report, set forth in a statement to

16  the Transportation Commission and the Legislature the reasons

17  for his or her actions.

18         (i)1.  The secretary shall appoint a comptroller who is

19  responsible to the Assistant Secretary for Finance and

20  Administration.  This position is exempt from part II of

21  chapter 110.

22         2.  The comptroller is the chief financial officer of

23  the department and must be a proven, effective administrator

24  who by a combination of education and experience clearly

25  possesses a broad knowledge of the administrative, financial,

26  and technical aspects of a complex cost-accounting system.

27  The comptroller must also have a working knowledge of

28  generally accepted accounting principles.  At a minimum, the

29  comptroller must hold an active license to practice public

30  accounting in Florida pursuant to chapter 473 or an active

31  license to practice public accounting in any other state.  In

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  1  addition to the requirements of the Florida Fiscal Accounting

  2  Management Information System Act, the comptroller is

  3  responsible for the development, maintenance, and modification

  4  of an accounting system that will in a timely manner

  5  accurately reflect the revenues and expenditures of the

  6  department and that includes a cost-accounting system to

  7  properly identify, segregate, allocate, and report department

  8  costs. The comptroller shall supervise and direct preparation

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

10  is responsible for managing cash and determining cash

11  requirements. The comptroller shall review all comparative

12  cost studies that examine the cost-effectiveness and

13  feasibility of contracting for services and operations

14  performed by the department.  The review must state that the

15  study was prepared in accordance with generally accepted

16  cost-accounting standards applied in a consistent manner using

17  valid and accurate cost data.

18         3.  The department shall by rule or internal management

19  memoranda as required by chapter 120 provide for the

20  maintenance by the comptroller of financial records and

21  accounts of the department as will afford a full and complete

22  check against the improper payment of bills and provide a

23  system for the prompt payment of the just obligations of the

24  department, which records must at all times disclose:

25         a.  The several appropriations available for the use of

26  the department;

27         b.  The specific amounts of each such appropriation

28  budgeted by the department for each improvement or purpose;

29         c.  The apportionment or division of all such

30  appropriations among the several counties and districts, when

31  such apportionment or division is made;

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  1         d.  The amount or portion of each such apportionment

  2  against general contractual and other liabilities then

  3  created;

  4         e.  The amount expended and still to be expended in

  5  connection with each contractual and other obligation of the

  6  department;

  7         f.  The expense and operating costs of the various

  8  activities of the department;

  9         g.  The receipts accruing to the department and the

10  distribution thereof;

11         h.  The assets, investments, and liabilities of the

12  department; and

13         i.  The cash requirements of the department for a

14  36-month period.

15         4.  The comptroller shall maintain a separate account

16  for each fund administered by the department.

17         5.  The comptroller shall perform such other related

18  duties as designated by the department.

19         (d)(j)  The secretary shall appoint a general counsel

20  who shall be employed full time and shall be directly

21  responsible to the secretary and shall serve at the pleasure

22  of the secretary.  The general counsel is responsible for all

23  legal matters of the department.  The department may employ as

24  many attorneys as it deems necessary to advise and represent

25  the department in all transportation matters.

26         (e)(k)  The secretary shall appoint a state

27  transportation planner who shall report to the Assistant

28  Secretary for Transportation Policy.  The state transportation

29  planner's responsibilities shall include, but are not limited

30  to, policy planning, systems planning, and transportation

31

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  1  statistics.  This position shall be classified at a level

  2  equal to a deputy assistant secretary.

  3         (f)(l)  The secretary shall appoint a state highway

  4  engineer who shall report to the Assistant Secretary for

  5  Transportation Policy. The state highway engineer's

  6  responsibilities shall include, but are not limited to,

  7  design, construction, and maintenance of highway facilities;

  8  acquisition and management of transportation rights-of-way;

  9  traffic engineering; and materials testing.  This position

10  shall be classified at a level equal to a deputy assistant

11  secretary.

12         (g)(m)  The secretary shall appoint a state public

13  transportation administrator who shall report to the Assistant

14  Secretary for Transportation Policy.  The state public

15  transportation administrator's responsibilities shall include,

16  but are not limited to, the administration of statewide

17  transit, rail, intermodal development, and aviation programs.

18  This position shall be classified at a level equal to a deputy

19  assistant secretary. The department shall also assign to the

20  public transportation administrator an organizational unit the

21  primary function of which is to administer the high-speed rail

22  program.

23         (4)(a)  The operations of the department shall be

24  organized into eight districts, including a turnpike district,

25  each headed by a district secretary. The district secretaries

26  shall report to the Assistant Secretary for District

27  Operations. The headquarters of the districts shall be located

28  in Polk, Columbia, Washington, Broward, Volusia, Dade,

29  Hillsborough, Orange, and Leon Counties. The turnpike district

30  must be relocated to Orange County in the year 2000. In order

31  to provide for efficient operations and to expedite the

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  1  decisionmaking process, the department shall provide for

  2  maximum decentralization to the districts. However, before

  3  making a decision to centralize or decentralize department

  4  operations or relocate the turnpike district, the department

  5  must first determine if the decision would be cost-effective

  6  and in the public's best interest. The department shall

  7  periodically evaluate such decisions to ensure that they are

  8  appropriate.

  9         (b)  The primary responsibility for the implementation

10  of the department's transportation programs shall be delegated

11  by the secretary to the district secretaries, and sufficient

12  authority shall be vested in each district to ensure adequate

13  control of the resources commensurate with the delegated

14  responsibility.  Each district secretary shall also be

15  accountable for ensuring their district's quality of

16  performance and compliance with all laws, rules, policies, and

17  procedures related to the operation of the department.

18         (c)  Each district secretary may appoint a district

19  director for planning and programming, a district director for

20  production, and a district director for operations. These

21  positions are exempt from part II of chapter 110.

22         (d)  Within each district, offices shall be established

23  for managing major functional responsibilities of the

24  department. The offices may include planning, design,

25  construction, right-of-way, maintenance, and public

26  transportation.  The heads of these offices shall be exempt

27  from part II of chapter 110.

28         (e)  The district director for the Fort Myers Urban

29  Office of the Department of Transportation is responsible for

30  developing the 5-year Transportation Plan for Charlotte,

31  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort

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  1  Myers Urban Office also is responsible for providing policy,

  2  direction, local government coordination, and planning for

  3  those counties.

  4         (5)  Notwithstanding the provisions of s. 110.205, the

  5  Department of Management Services is authorized to exempt

  6  positions within the Department of Transportation which are

  7  comparable to positions within the Senior Management Service

  8  pursuant to s. 110.205(2)(i) or positions which are comparable

  9  to positions in the Selected Exempt Service under s.

10  110.205(2)(l).

11         (6)  To facilitate the efficient and effective

12  management of the department in a businesslike manner, the

13  department shall develop a system for the submission of

14  monthly management reports to the Florida Transportation

15  Commission and secretary from the district secretaries.  The

16  commission and the secretary shall determine which reports are

17  required to fulfill their respective responsibilities under

18  this section.  A copy of each such report shall be submitted

19  monthly to the appropriations and transportation committees of

20  the Senate and the House of Representatives. Recommendations

21  made by the Auditor General in his or her audits of the

22  department that relate to management practices, systems, or

23  reports shall be implemented in a timely manner.  However, if

24  the department determines that one or more of the

25  recommendations should be altered or should not be

26  implemented, it shall provide a written explanation of such

27  determination to the Legislative Auditing Committee within 6

28  months after the date the recommendations were published.

29         (6)(7)  The department is authorized to contract with

30  local governmental entities and with the private sector if the

31  department first determines that:

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  1         (a)  Consultants can do the work at less cost than

  2  state employees;

  3         (b)  State employees can do the work at less cost, but

  4  sufficient positions have not been approved by the Legislature

  5  as requested in the department's most recent legislative

  6  budget request;

  7         (c)  The work requires specialized expertise, and it

  8  would not be economical for the state to acquire, and then

  9  maintain, the expertise after the work is done;

10         (d)  The workload is at a peak level, and it would not

11  be economical to acquire, and then keep, extra personnel after

12  the workload decreases; or

13         (e)  The use of such entities is clearly in the

14  public's best interest.

15

16  Such contracts shall require compliance with applicable

17  federal and state laws, and clearly specify the product or

18  service to be provided.

19         Section 2.  Paragraphs (i) and (l) of subsection (2) of

20  section 110.205, Florida Statutes, are amended to read:

21         110.205  Career service; exemptions.--

22         (2)  EXEMPT POSITIONS.--The exempt positions which are

23  not covered by this part include the following, provided that

24  no position, except for positions established for a limited

25  period of time pursuant to paragraph (h), shall be exempted if

26  the position reports to a position in the career service:

27         (i)  The appointed secretaries, assistant secretaries,

28  deputy secretaries, and deputy assistant secretaries of all

29  departments; the executive directors, assistant executive

30  directors, deputy executive directors, and deputy assistant

31  executive directors of all departments; and the directors of

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  1  all divisions and those positions determined by the department

  2  to have managerial responsibilities comparable to such

  3  positions, which positions include, but are not limited to,

  4  program directors, assistant program directors, district

  5  administrators, deputy district administrators, the Director

  6  of Central Operations Services of the Department of Children

  7  and Family Services, and the State Transportation Planner,

  8  State Highway Engineer, State Public Transportation

  9  Administrator, district secretaries, district directors of

10  planning and programming, production, and operations, and the

11  managers of the offices specified in s. 20.23(3)(b)1.(d)2., of

12  the Department of Transportation.  Unless otherwise fixed by

13  law, the department shall set the salary and benefits of these

14  positions in accordance with the rules of the Senior

15  Management Service.

16         (l)  All assistant division director, deputy division

17  director, and bureau chief positions in any department, and

18  those positions determined by the department to have

19  managerial responsibilities comparable to such positions,

20  which positions include, but are not limited to, positions in

21  the Department of Health, the Department of Children and

22  Family Services, and the Department of Corrections that are

23  assigned primary duties of serving as the superintendent or

24  assistant superintendent, or warden or assistant warden, of an

25  institution; positions in the Department of Corrections that

26  are assigned primary duties of serving as the circuit

27  administrator or deputy circuit administrator; positions in

28  the Department of Transportation that are assigned primary

29  duties of serving as regional toll managers and managers of

30  offices as defined in s. 20.23(3)(b)2.(d)3. and (4)(d);

31  positions in the Department of Environmental Protection that

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  1  are assigned the duty of an Environmental Administrator or

  2  program administrator; those positions described in s. 20.171

  3  as included in the Senior Management Service; and positions in

  4  the Department of Health that are assigned the duties of

  5  Environmental Administrator, Assistant County Health

  6  Department Director, and County Health Department Financial

  7  Administrator. Unless otherwise fixed by law, the department

  8  shall set the salary and benefits of these positions in

  9  accordance with the rules established for the Selected Exempt

10  Service.

11         Section 3.  Subsection (2) of section 206.46, Florida

12  Statutes, is amended to read:

13         206.46  State Transportation Trust Fund.--

14         (2)  Notwithstanding any other provisions of law, from

15  the revenues deposited into the State Transportation Trust

16  Fund a maximum of 7 percent in each fiscal year shall be

17  transferred into the Right-of-Way Acquisition and Bridge

18  Construction Trust Fund created in s. 215.605, as needed to

19  meet the requirements of the documents authorizing the bonds

20  issued or proposed to be issued under ss. 215.605 and 337.276

21  or at a minimum amount sufficient to pay for the debt service

22  coverage requirements of outstanding bonds.  Notwithstanding

23  the 7 percent annual transfer authorized in this subsection,

24  the annual amount transferred under this subsection shall not

25  exceed an amount necessary to provide the required debt

26  service coverage levels for a maximum debt service not to

27  exceed $200 $135 million.  Such transfer shall be payable

28  primarily from the motor and diesel fuel taxes transferred to

29  the State Transportation Trust Fund from the Fuel Tax

30  Collection Trust Fund.

31

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  1         Section 4.  Paragraph (a) of subsection (1) of section

  2  255.20, Florida Statutes, is amended to read:

  3         255.20  Local bids and contracts for public

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

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

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

  7  state seeking to construct or improve a public building,

  8  structure, or other public construction works must

  9  competitively award to an appropriately licensed contractor

10  each project that is estimated in accordance with generally

11  accepted cost-accounting principles to have total construction

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

13  local government must competitively award to an appropriately

14  licensed contractor each project that is estimated in

15  accordance with generally accepted cost-accounting principles

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

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

18  on the submission of sealed bids, proposals submitted in

19  response to a request for proposal, proposals submitted in

20  response to a request for qualifications, or proposals

21  submitted for competitive negotiation. This subsection

22  expressly allows contracts for construction management

23  services, design/build contracts, continuation contracts based

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

25  private sector contractor permitted by any applicable

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

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

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

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

30  construction of the project. Subject to the provisions of

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

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  1  other political subdivision may establish, by municipal or

  2  county ordinance or special district resolution, procedures

  3  for conducting the bidding process.

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

  5         1.  When the project is undertaken to replace,

  6  reconstruct, or repair an existing facility damaged or

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

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

  9  circumstances, and such damage or destruction creates:

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

11         b.  Other loss to public or private property which

12  requires emergency government action; or

13         c.  An interruption of an essential governmental

14  service.

15         2.  When, after notice by publication in accordance

16  with the applicable ordinance or resolution, the governmental

17  entity does not receive any responsive bids or responses.

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

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

20  the public utility system is performed by personnel of the

21  system.

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

23  by a utility commission whose major contracts are to construct

24  and operate a public electric utility system.

25         5.  When the project is undertaken as repair or

26  maintenance of an existing public facility.

27         6.  When the project is undertaken exclusively as part

28  of a public educational program.

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

30  diminished or lost because the time required to competitively

31

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  1  award the project after the funds become available exceeds the

  2  time within which the funding source must be spent.

  3         8.  When the local government has competitively awarded

  4  a project to a private sector contractor and the contractor

  5  has abandoned the project before completion or the local

  6  government has terminated the contract.

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

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

  9  286.011 and finds by a majority vote of the governing board

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

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

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

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

14  final action to apply this subparagraph. The notice must

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

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

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

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

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

20  interest for local government to perform a project using its

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

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

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

24  increase in capital expenditures for public facilities,

25  equipment or other capital assets, the impact on local

26  economic development, the impact on small and minority

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

28  whether the private sector contractors provide health

29  insurance and other benefits equivalent to those provided by

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

31  in the public's best interest.

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  1         10.  When the governing board of the local government

  2  determines upon consideration of specific substantive criteria

  3  and administrative procedures that it is in the best interest

  4  of the local government to award the project to an

  5  appropriately licensed private sector contractor according to

  6  procedures established by and expressly set forth in a

  7  charter, ordinance, or resolution of the local government

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

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

10  must be applied uniformly by the local government to avoid

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

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

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

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

15  286.011 and finds by a two-thirds vote of the governing board

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

17  according to the criteria and procedures established by

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

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

20  meeting at which the governing board takes final action to

21  apply this subparagraph.  The notice must identify the

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

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

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

25  the criteria and procedures permitted by the preexisting

26  ordinance.

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

28  method other than a competitive selection process, the

29  governing board must find evidence that:

30         (I)  There is one appropriately licensed contractor who

31  is uniquely qualified to undertake the project because that

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  1  contractor is currently under contract to perform work that is

  2  affiliated with the project; or

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

  4  jeopardize the funding for the project, or will materially

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

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

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

  8  method other than a competitive selection process, the

  9  published notice must clearly specify the ordinance or

10  resolution by which the private sector contractor will be

11  selected and the criteria to be considered.

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

13  method other than a competitive selection process, the

14  architect or engineer of record has provided a written

15  recommendation that the project be awarded to the private

16  sector contractor without competitive selection; and the

17  consideration by, and the justification of, the government

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

19  presented to the governing board prior to the approval

20  required in this paragraph.

21         11.  To projects subject to chapter 336.

22         Section 5.  Subsection (2) and paragraphs (a) and (b)

23  of subsection (3) of section 311.07, Florida Statutes, are

24  amended to read:

25         311.07  Florida seaport transportation and economic

26  development funding.--

27         (2)  A minimum of $10 $8 million per year shall be made

28  available from the State Transportation Trust Fund to fund the

29  Florida Seaport Transportation and Economic Development

30  Program.

31

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  1         (3)(a)  Program funds shall be used to fund approved

  2  projects on a 50-50 matching basis with any of the deepwater

  3  ports, as listed in s. 403.021(9)(b), which is governed by a

  4  public body or any other deepwater port which is governed by a

  5  public body and which complies with the water quality

  6  provisions of s. 403.061, the comprehensive master plan

  7  requirements of s. 163.3178(2)(k), the local financial

  8  management and reporting provisions of part III of chapter

  9  218, and the auditing provisions of s. 11.45(3)(a)5. Program

10  funds also may be used by the Seaport Transportation and

11  Economic Development Council to develop with the Florida Trade

12  Data Center such trade data information products which will

13  assist Florida's seaports and international trade.

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

15  program are limited to the following port facilities or port

16  transportation projects:

17         1.  Transportation facilities within the jurisdiction

18  of the port.

19         2.  The dredging or deepening of channels, turning

20  basins, or harbors.

21         3.  The construction or rehabilitation of wharves,

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

23  terminals, automated people mover systems, or any facilities

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

25         4.  The acquisition of container cranes or other

26  mechanized equipment used in the movement of cargo or

27  passengers in international commerce.

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

29  purposes.

30         6.  The acquisition, improvement, enlargement, or

31  extension of existing port facilities.

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  1         7.  Environmental protection projects which are

  2  necessary because of requirements imposed by a state agency as

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

  4  are necessary for environmental mitigation required as a

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

  6  which are necessary for the acquisition of spoil disposal

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

  8  which result from the funding of eligible projects listed

  9  herein.

10         8.  Transportation facilities as defined in s.

11  334.03(31) which are not otherwise part of the Department of

12  Transportation's adopted work program.

13         9.  Seaport intermodal access projects identified in

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

15  311.09(3).

16         10.  Construction or rehabilitation of port facilities

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

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

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

20  create economic development opportunities, capital

21  improvements, and positive financial returns to such ports.

22         11.  Seaport security projects identified pursuant to

23  s. 311.12. Seaport security projects are not subject to the

24  matching fund requirements of paragraph (a).

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

26  316.302, Florida Statutes, is amended to read:

27         316.302  Commercial motor vehicles; safety regulations;

28  transporters and shippers of hazardous materials;

29  enforcement.--

30         (1)

31

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

  2  owners or drivers of commercial motor vehicles that are

  3  engaged in intrastate commerce are subject to the rules and

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

  5  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

  7  regulations existed on October 1, 2000 March 1, 1999.

  8         Section 7.  Paragraph (a) of subsection (3) of section

  9  316.3025, Florida Statutes, is amended to read:

10         316.3025  Penalties.--

11         (3)(a)  A civil penalty of $50 may be assessed for a

12  violation of 49 C.F.R. s. 390.21 s. 316.3027.

13         Section 8.  Subsection (2) of section 316.515, Florida

14  Statutes, is amended to read:

15         316.515  Maximum width, height, length.--

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

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

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

19  Department of Transportation, measure a height not to exceed

20  14 feet, inclusive of the load carried thereon.

21         Section 9.  Subsection (6) of section 316.535, Florida

22  Statutes, is renumbered as subsection (7), present subsection

23  (7) is renumbered as subsection (8) and amended, and a new

24  subsection (6) is added to said section to read:

25         316.535  Maximum weights.--

26         (6)  Dump trucks, concrete mixing trucks, trucks

27  engaged in waste collection and disposal, and fuel oil and

28  gasoline trucks designed and constructed for special type work

29  or use, when operated as a single unit, shall be subject to

30  all safety and operational requirements of law, except that

31  any such vehicle need not conform to the axle spacing

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  1  requirements of this section provided that such vehicle shall

  2  be limited to a total gross load, including the weight of the

  3  vehicle, of 20,000 pounds per axle plus scale tolerances and

  4  shall not exceed 550 pounds per inch width tire surface plus

  5  scale tolerances. No vehicle operating pursuant to this

  6  section shall exceed a gross weight, including the weight of

  7  the vehicle and scale tolerances, of 70,000 pounds. Any

  8  vehicle violating the weight provisions of this section shall

  9  be penalized as provided in s. 316.545.

10         (7)(6)  The Department of Transportation shall adopt

11  rules to implement this section, shall enforce this section

12  and the rules adopted hereunder, and shall publish and

13  distribute tables and other publications as deemed necessary

14  to inform the public.

15         (8)(7)  Except as hereinafter provided, no vehicle or

16  combination of vehicles exceeding the gross weights specified

17  in subsections (3), (4), and (5), and (6) shall be permitted

18  to travel on the public highways within the state.

19         Section 10.  Paragraph (a) of subsection (2) of section

20  316.545, Florida Statutes, is amended to read:

21         316.545  Weight and load unlawful; special fuel and

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

23         (2)(a)  Whenever an officer, upon weighing a vehicle or

24  combination of vehicles with load, determines that the axle

25  weight or gross weight is unlawful, the officer may require

26  the driver to stop the vehicle in a suitable place and remain

27  standing until a determination can be made as to the amount of

28  weight thereon and, if overloaded, the amount of penalty to be

29  assessed as provided herein. However, any gross weight over

30  and beyond 6,000 pounds beyond the maximum herein set shall be

31  unloaded and all material so unloaded shall be cared for by

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  1  the owner or operator of the vehicle at the risk of such owner

  2  or operator.  Except as otherwise provided in this chapter, to

  3  facilitate compliance with and enforcement of the weight

  4  limits established in s. 316.535, weight tables published

  5  pursuant to s. 316.535(7) (6) shall include a 10-percent scale

  6  tolerance and shall thereby reflect the maximum scaled weights

  7  allowed any vehicle or combination of vehicles.  As used in

  8  this section, scale tolerance means the allowable deviation

  9  from legal weights established in s. 316.535.  Notwithstanding

10  any other provision of the weight law, if a vehicle or

11  combination of vehicles does not exceed the gross, external

12  bridge, or internal bridge weight limits imposed in s. 316.535

13  and the driver of such vehicle or combination of vehicles can

14  comply with the requirements of this chapter by shifting or

15  equalizing the load on all wheels or axles and does so when

16  requested by the proper authority, the driver shall not be

17  held to be operating in violation of said weight limits.

18         Section 11.  Section 330.27, Florida Statutes, is

19  amended to read:

20         330.27  Definitions, when used in ss. 330.29-330.36,

21  330.38, 330.39.--

22         (1)  "Aircraft" means a powered or unpowered machine or

23  device capable of atmosphere flight any motor vehicle or

24  contrivance now known, or hereafter invented, which is used or

25  designed for navigation of or flight in the air, except a

26  parachute or other such device contrivance designed for such

27  navigation but used primarily as safety equipment.

28         (2)  "Airport" means an any area of land or water, or

29  any manmade object or facility located thereon, which is used

30  for, or intended to be used for, use, for the landing and

31  takeoff of aircraft, including and any appurtenant areas,

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  1  which are used, or intended for use, for airport buildings, or

  2  other airport facilities, or rights-of-way necessary to

  3  facilitate such use or intended use, together with all airport

  4  buildings and facilities located thereon.

  5         (3)  "Airport hazard" means any structure, object of

  6  natural growth, or use of land which obstructs the airspace

  7  required for the flight of aircraft in landing or taking off

  8  at an airport or which is otherwise hazardous to such landing

  9  or taking off.

10         (4)  "Aviation" means the science and art of flight and

11  includes, but is not limited to, transportation by aircraft;

12  the operation, construction, repair, or maintenance of

13  aircraft, aircraft power plants, and accessories, including

14  the repair, packing, and maintenance of parachutes; the

15  design, establishment, construction, extension, operation,

16  improvement, repair, or maintenance of airports or other air

17  navigation facilities; and instruction in flying or ground

18  subjects pertaining thereto.

19         (3)(5)  "Department" means the Department of

20  Transportation.

21         (4)(6)  "Limited airport" means any an airport,

22  publicly or privately owned, limited exclusively to the

23  specific conditions stated on the site approval order or

24  license.

25         (7)  "Operation of aircraft" or "operate aircraft"

26  means the use, navigation, or piloting of aircraft in the

27  airspace over this state or upon any airport within this

28  state.

29         (8)  "Political subdivision" means any county,

30  municipality, district, port or aviation commission or

31

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  1  authority, or similar entity authorized to establish or

  2  operate an airport in this state.

  3         (5)(9)  "Private airport" means an airport, publicly or

  4  privately owned, which is not open or available for use by the

  5  public. A private airport is registered with the department

  6  for use of the person or persons registering the facility used

  7  primarily by the licensee but may be made which is available

  8  to others for use by invitation of the registrant licensee.

  9  Services may be provided if authorized by the department.

10         (6)(10)  "Public airport" means an airport, publicly or

11  privately owned, which meets minimum safety and service

12  standards and is open for use by the public as listed in the

13  current United States Government Flight Information

14  Publication, Airport Facility Directory. A public airport is

15  licensed by the department as meeting minimum safety

16  standards.

17         (7)(11)  "Temporary airport" means any an airport,

18  publicly or privately owned, that will be used for a period of

19  less than 90 days with no more than 10 operations per day.

20         (8)(12)  "Ultralight aircraft" means any

21  heavier-than-air, motorized aircraft meeting which meets the

22  criteria for maximum weight, fuel capacity, and airspeed

23  established for such aircraft by the Federal Aviation

24  Regulation Administration under Part 103 of the Federal

25  Aviation Regulations.

26         Section 12.  Section 330.29, Florida Statutes, is

27  amended to read:

28         330.29  Administration and enforcement; rules;

29  standards for airport sites and airports.--It is the duty of

30  the department to:

31

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  1         (1)  Administer and enforce the provisions of this

  2  chapter.

  3         (2)  Establish minimum standards for airport sites and

  4  airports under its licensing and registration jurisdiction.

  5         (3)  Establish and maintain a state aviation data

  6  system to facilitate licensing and registration of all

  7  airports.

  8         (4)(3)  Adopt rules pursuant to ss. 120.536(1) and

  9  120.54 to implement the provisions of this chapter.

10         Section 13.  Section 330.30, Florida Statutes, is

11  amended to read:

12         330.30  Approval of airport sites and licensing of

13  airports; fees.--

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

15  PERIOD, REVOCATION.--

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

17  lessee of any proposed airport shall, prior to site the

18  acquisition of the site or prior to the construction or

19  establishment of the proposed airport, obtain approval of the

20  airport site from the department.  Applications for approval

21  of a site and for an original license shall be jointly made on

22  a form prescribed by the department and shall be accompanied

23  by a site approval fee of $100. The department, after

24  inspection of the airport site, shall grant the site approval

25  if it is satisfied:

26         1.  That the site is suitable adequate for the airport

27  as proposed airport;

28         2.  That the airport as proposed airport, if

29  constructed or established, will conform to minimum standards

30  of safety and will comply with the applicable local government

31

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  1  land development regulation or county or municipal zoning

  2  requirements;

  3         3.  That all nearby airports, local governments

  4  municipalities, and property owners have been notified and any

  5  comments submitted by them have been given adequate

  6  consideration; and

  7         4.  That safe air-traffic patterns can be established

  8  worked out for the proposed airport with and for all existing

  9  airports and approved airport sites in its vicinity.

10         (b)  Site approval shall be granted for public airports

11  only after a favorable department inspection of the proposed

12  site.

13         (c)  Site approval shall be granted for private

14  airports only after receipt of documentation the department

15  deems necessary to satisfy the conditions in paragraph (a).

16         (d)(b)  Site approval may be granted subject to any

17  reasonable conditions which the department deems may deem

18  necessary to protect the public health, safety, or welfare.

19         (e)  Such Approval shall remain valid in effect for a

20  period of 2 years after the date of issue issuance of the site

21  approval order, unless sooner revoked by the department or

22  unless, prior to the expiration of the 2-year period, a public

23  airport license is issued or private airport registration

24  granted for an airport located on the approved site has been

25  issued pursuant to subsection (2) prior to the expiration

26  date.

27         (f)  The department may extend a site approval may be

28  extended for up to a maximum of 2 years for upon good cause

29  shown by the owner or lessee of the airport site.

30         (g)(c)  The department may revoke a site such approval

31  if it determines:

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  1         1.  That there has been an abandonment of the site has

  2  been abandoned as an airport site;

  3         2.  That there has been a failure within a reasonable

  4  time to develop the site has not been developed as an airport

  5  within a reasonable time period or development does not to

  6  comply with the conditions of the site approval;

  7         3.  That except as required for in-flight emergencies

  8  the operation of aircraft have operated of a nonemergency

  9  nature has occurred on the site; or

10         4.  That, because of changed physical or legal

11  conditions or circumstances, the site is no longer usable for

12  the aviation purposes due to physical or legal changes in

13  conditions that were the subject of for which the approval was

14  granted.

15         (2)  LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,

16  RENEWAL, REVOCATION.--

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

18  lessee of any an airport in this state must have either a

19  public airport obtain a license or private airport

20  registration prior to the operation of aircraft to or from the

21  facility on the airport.  An Application for a such license or

22  registration shall be made on a form prescribed by the

23  department and shall be accomplished jointly with an

24  application for site approval.  Upon granting site approval:,

25  making a favorable final airport inspection report indicating

26  compliance with all license requirements, and receiving the

27  appropriate license fee, the department shall issue a license

28  to the applicant, subject to any reasonable conditions that

29  the department may deem necessary to protect the public

30  health, safety, or welfare.

31

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  1         1.  For a public airport, the department shall issue a

  2  license after a final airport inspection finds the facility to

  3  be in compliance with all requirements for the license. The

  4  license may be subject to any reasonable conditions that the

  5  department may deem necessary to protect the public health,

  6  safety, or welfare.

  7         2.  For a private airport, the department shall provide

  8  controlled electronic access to the state aviation facility

  9  data system to permit the applicant to complete the

10  registration process. Registration shall be completed upon

11  self-certification by the registrant of operational and

12  configuration data deemed necessary by the department.

13         (b)  The department is authorized to license a public

14  an airport that does not meet all of the minimum standards

15  only if it determines that such exception is justified by

16  unusual circumstances or is in the interest of public

17  convenience and does not endanger the public health, safety,

18  or welfare. Such a license shall bear the designation

19  "special" and shall state the conditions subject to which the

20  license is granted.

21         (c)  The department may authorize a site to be used as

22  a temporary airport if it finds, after inspection of the site,

23  that the airport will not endanger the public health, safety,

24  or welfare. A temporary airport will not require a license or

25  registration. Such Authorization to use a site for a temporary

26  airport will be valid for shall expire not more later than 30

27  90 days after issuance and is not renewable.

28         (d)  The license fees for the four categories of

29  airport licenses are:

30         1.  Public airport: $100.

31         2.  Private airport: $70.

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  1         3.  Limited airport: $50.

  2         4.  Temporary airport: $25.

  3

  4  Airports owned or operated by the state, a county, or a

  5  municipality and emergency helistops operated by licensed

  6  hospitals are required to be licensed but are exempt from the

  7  payment of site approval fees and annual license fees.

  8         (d)(e)1.  Each public airport license will expire no

  9  later than 1 year after the effective date of the license,

10  except that the expiration date of a license may be adjusted

11  to provide a maximum license period of 18 months to facilitate

12  airport inspections, recognize seasonal airport operations, or

13  improve administrative efficiency. If the expiration date for

14  a public airport is adjusted, the appropriate license fee

15  shall be determined by prorating the annual fee based on the

16  length of the adjusted license period.

17         2.  Registration The license period for private all

18  airports other than public airports will remain valid provided

19  specific elements of airport data, established by the

20  department, are periodically recertified by the airport

21  registrant. The ability to recertify private airport

22  registration data shall be available at all times by

23  electronic submittal. Recertification shall be required each

24  12 months. A private airport registration that has not been

25  recertified in the 12-month period following the last

26  certification shall expire. The expiration date of the current

27  registration period will be clearly identifiable from the

28  state aviation facility data system. be set by the department,

29  but shall not exceed a period of 5 years. In determining the

30  license period for such airports, the department shall

31  consider the number of based aircraft, the airport location

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  1  relative to adjacent land uses and other airports, and any

  2  other factors deemed by the department to be critical to

  3  airport operation and safety.

  4         3.  The effective date and expiration date shall be

  5  shown on public airport licenses stated on the face of the

  6  license. Upon receiving an application for renewal of a public

  7  airport license on a form prescribed by the department and,

  8  making a favorable inspection report indicating compliance

  9  with all applicable requirements and conditions, and receiving

10  the appropriate annual license fee, the department shall renew

11  the license, subject to any conditions deemed necessary to

12  protect the public health, safety, or welfare.

13         4.  The department may require a new site approval for

14  any an airport if the license or registration of the airport

15  has expired not been renewed by the expiration date.

16         5.  If the renewal application for a public airport

17  license has and fees have not been received by the department

18  or no private airport registration recertification has been

19  accomplished within 15 days after the date of expiration of

20  the license, the department may close the airport.

21         (e)(f)  The department may revoke any airport

22  registration, license, or license renewal thereof, or refuse

23  to allow registration or issue a registration or license

24  renewal, if it determines:

25         1.  That the site there has been abandoned as an an

26  abandonment of the airport as such;

27         2.  That the airport does not there has been a failure

28  to comply with the registration, license, license renewal, or

29  site conditions of the license or renewal thereof; or

30         3.  That, because of changed physical or legal

31  conditions or circumstances, the airport has become either

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  1  unsafe or unusable for flight operation due to physical or

  2  legal changes in conditions that were the subject of approval

  3  the aeronautical purposes for which the license or renewal was

  4  issued.

  5         (3)  EXEMPTIONS.--The provisions of this section do not

  6  apply to:

  7         (a)  An airport owned or operated by the United States.

  8         (b)  An ultralight aircraft landing area; except that

  9  any public ultralight airport located more than within 5

10  nautical miles from a of another public airport or military

11  airport, except or any ultralight landing area with more than

12  10 ultralight aircraft operating from the site is subject to

13  the provisions of this section.

14         (c)  A helistop used solely in conjunction with a

15  construction project undertaken pursuant to the performance of

16  a state contract if the purpose of the helicopter operations

17  at the site is to expedite construction.

18         (d)  An airport under the jurisdiction or control of a

19  county or municipal aviation authority or a county or

20  municipal port authority or the Spaceport Florida Authority;

21  however, the department shall license any such airport if such

22  authority does not elect to exercise its exemption under this

23  subsection.

24         (d)(e)  A helistop used by mosquito control or

25  emergency services, not to include areas where permanent

26  facilities are installed, such as hospital landing sites.

27         (e)(f)  An airport which meets the criteria of s.

28  330.27(11) used exclusively for aerial application or spraying

29  of crops on a seasonal basis, not to include any licensed

30  airport where permanent crop aerial application or spraying

31  facilities are installed, if the period of operation does not

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  1  exceed 30 days per calendar year. Such proposed airports,

  2  which will be located within 3 miles of existing airports or

  3  approved airport sites, shall work out safe air-traffic

  4  patterns with such existing airports or approved airport

  5  sites, by memorandums of understanding, or by letters of

  6  agreement between the parties representing the airports or

  7  sites.

  8         Section 14.  Subsection (2) of section 330.35, Florida

  9  Statutes, is amended to read:

10         330.35  Airport zoning, approach zone protection.--

11         (2)  Airports licensed for general public use under the

12  provisions of s. 330.30 are eligible for airport zoning

13  approach zone protection, and the procedure shall be the same

14  as is prescribed in chapter 333.

15         Section 15.  Subsection (2) of section 330.36, Florida

16  Statutes, is amended to read:

17         330.36  Prohibition against county or municipal

18  licensing of airports; regulation of seaplane landings.--

19         (2)  A municipality may prohibit or otherwise regulate,

20  for specified public health and safety purposes, the landing

21  of seaplanes in and upon any public waters of the state which

22  are located within the limits or jurisdiction of, or bordering

23  on, the municipality upon adoption of zoning requirements in

24  compliance with the provisions of subsection (1).

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

26  Statutes, is amended to read:

27         332.004  Definitions of terms used in ss.

28  332.003-332.007.--As used in ss. 332.003-332.007, the term:

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

30  "development project" means any activity associated with the

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

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

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

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

  4  state, or local permit or agreement for environmental

  5  mitigation; off-airport noise mitigation projects; the

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

  7  airport hazards; the installation of navigation aids used by

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

  9  the installation of safety equipment required by rule or

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

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

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

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

14  to the maximum extent feasible, with the approved local

15  government comprehensive plan of the units of local government

16  in which the airport is located.

17         Section 17.  Subsection (5) and paragraph (b) of

18  subsection (15) of section 334.044, Florida Statutes, are

19  amended to read:

20         334.044  Department; powers and duties.--The department

21  shall have the following general powers and duties:

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

23  and materials, including the purchase of promotional items as

24  part of public information and education campaigns for the

25  promotion of scenic highways, traffic and train safety

26  awareness, alternatives to single-occupant vehicle travel, and

27  commercial motor vehicle safety; to purchase, lease, or

28  otherwise acquire equipment and supplies; and to sell,

29  exchange, or otherwise dispose of any property that is no

30  longer needed by the department.

31

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  1         (15)  To regulate and prescribe conditions for the

  2  transfer of stormwater to the state right-of-way as a result

  3  of manmade changes to adjacent properties.

  4         (b)  The department is specifically authorized to adopt

  5  rules which set forth the purpose; necessary definitions;

  6  permit exceptions; permit and assurance requirements; permit

  7  application procedures; permit forms; general conditions for a

  8  drainage permit; provisions for suspension or revocation of a

  9  permit; and provisions for department recovery of fines,

10  penalties, and costs incurred due to permittee actions.  In

11  order to avoid duplication and overlap with other units of

12  government, the department shall accept a surface water

13  management permit issued by a water management district, the

14  Department of Environmental Protection, a surface water

15  management permit issued by a delegated local government, or a

16  permit issued pursuant to an approved Stormwater Management

17  Plan or Master Drainage Plan; provided issuance is based on

18  requirements equal to or more stringent than those of the

19  department. The department may enter into a permit delegation

20  agreement with a governmental entity provided issuance is

21  based on requirements that the department determines will

22  ensure the safety and integrity of the Department of

23  Transportation facilities.

24         Section 18.  Section 334.30, Florida Statutes, is

25  amended to read:

26         334.30  Public-private Private transportation

27  facilities.--The Legislature hereby finds and declares that

28  there is a public need for rapid construction of safe and

29  efficient transportation facilities for the purpose of travel

30  within the state, and that it is in the public's interest to

31  provide for public-private partnership agreements to

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  1  effectuate the construction of additional safe, convenient,

  2  and economical transportation facilities.

  3         (1)  The department may receive or solicit proposals

  4  and, with legislative approval by a separate bill for each

  5  facility, enter into agreements with private entities, or

  6  consortia thereof, for the building, operation, ownership, or

  7  financing of transportation facilities.  The department is

  8  authorized to adopt rules to implement this section and shall

  9  by rule establish an application fee for the submission of

10  proposals under this section.  The fee must be sufficient to

11  pay the costs of evaluating the proposals.  The department may

12  engage the services of private consultants to assist in the

13  evaluation. Before seeking legislative approval, the

14  department must determine that the proposed project:

15         (a)  Is in the public's best interest.;

16         (b)  Would not require state funds to be used unless

17  there is an overriding state interest. However, the department

18  may use state resources for a transportation facility project

19  that is on the State Highway System or that provides for

20  increased mobility on the state's transportation system.; and

21         (c)  Would have adequate safeguards in place to ensure

22  that no additional costs or service disruptions would be

23  realized by the traveling public and citizens of the state in

24  the event of default or cancellation of the agreement by the

25  department.

26

27  The department shall ensure that all reasonable costs to the

28  state and substantially affected local governments and

29  utilities, related to the private transportation facility, are

30  borne by the private entity.

31

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  1         (2)  The use of funds from the State Transportation

  2  Trust Fund is limited to advancing projects already programmed

  3  in the adopted 5-year work program or to no more than a

  4  statewide total of $50 million in capital costs for all

  5  projects not programmed in the adopted 5-year work program.

  6         (3)  The department may request proposals for

  7  public-private transportation proposals or, if the department

  8  receives a proposal, shall publish a notice in a newspaper of

  9  general circulation at least once a week for 2 weeks, stating

10  that the department has received the proposal and will accept,

11  for 60 days after the initial date of publication, other

12  proposals for the same project purpose. A copy of the notice

13  must be mailed to each local government in the affected area.

14  Notwithstanding any other provision of law, entities selected

15  by the department in this manner shall be deemed to have

16  complied with open competition provisions of law.

17         (4)  A separate bill for projects requiring legislative

18  approval shall be required for each facility requesting funds

19  from the State Transportation Trust Fund in excess of a

20  statewide total of $50 million in capital cost for all

21  projects not programmed in the 5-year work program.

22         (5)(2)  Agreements entered into pursuant to this

23  section may authorize the private entity to impose tolls or

24  fares for the use of the facility.  However, the amount and

25  use of toll or fare revenues may be regulated by the

26  department to avoid unreasonable costs to users of the

27  facility.

28         (6)(3)  Each private transportation facility

29  constructed pursuant to this section shall comply with all

30  requirements of federal, state, and local laws; state,

31  regional, and local comprehensive plans; department rules,

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  1  policies, procedures, and standards for transportation

  2  facilities; and any other conditions which the department

  3  determines to be in the public's best interest.

  4         (7)(4)  The department may exercise any power possessed

  5  by it, including eminent domain, with respect to the

  6  development and construction of state transportation projects

  7  to facilitate the development and construction of

  8  transportation projects pursuant to this section. For

  9  public-private facilities located on the State Highway System,

10  the department may pay all or part of the cost of operating

11  and maintaining the facility. For facilities not located on

12  the State Highway System, the department may provide services

13  to the private entity and. agreements for maintenance, law

14  enforcement, and other services entered into pursuant to this

15  section shall provide for full reimbursement for services

16  rendered.

17         (8)(5)  Except as herein provided, the provisions of

18  this section are not intended to amend existing laws by

19  granting additional powers to, or further restricting, local

20  governmental entities from regulating and entering into

21  cooperative arrangements with the private sector for the

22  planning, construction, and operation of transportation

23  facilities.

24         (9)  The department shall have the authority to create,

25  or assist in the creation of, tax-exempt, public-purpose

26  chapter 63-20 corporations as provided for under the Internal

27  Revenue Code, for the purpose of shielding the state from

28  possible financing risks for projects under this section.

29  Chapter 63-20 corporations may receive State Transportation

30  Trust Fund grants from the department. The department shall be

31  empowered to enter into public-private partnership agreements

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  1  with chapter 63-20 corporations for projects under this

  2  section.

  3         (10)  The department may lend funds from the Toll

  4  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

  5  chapter 63-20 corporations that propose projects containing

  6  toll facilities. To be eligible, the chapter 63-20 corporation

  7  must meet the provisions of s. 338.251 and must also provide

  8  credit support, such as a letter of credit or other means

  9  acceptable to the department, to ensure the loans will be

10  repaid as required by law.

11         (11)(6)  Notwithstanding s. 341.327, a fixed-guideway

12  transportation system authorized by the department to be

13  wholly or partially within the department's right-of-way

14  pursuant to a lease granted under s. 337.251 may operate at

15  any safe speed.

16         Section 19.  Section 335.066, Florida Statutes, is

17  created to read:

18         335.066  Safe Paths to Schools Program.--

19         (1)  There is hereby established within the Department

20  of Transportation the Safe Paths to Schools Program to

21  consider the planning and construction of bicycle and

22  pedestrian ways to provide safe transportation for children

23  from neighborhoods to schools, parks, and the state's

24  greenways and trails system.

25         (2)  As part of the Safe Paths to Schools Program, the

26  department may establish a grant program to fund local,

27  regional, and state bicycle and pedestrian projects that

28  support the program.

29         (3)  The department may adopt appropriate rules for the

30  administration of the Safe Paths to Schools Program.

31

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

  2  335.141, Florida Statutes, are amended to read:

  3         335.141  Regulation of public railroad-highway grade

  4  crossings; reduction of hazards.--

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

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

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

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

  9  provisions of chapter 120.  The department shall have the

10  authority to adopt reasonable rules to carry out the

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

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

13  order.

14         (4)  Jurisdiction to enforce such orders shall be as

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

16  shall be imposed upon the railroad company guilty of such

17  violation. Nothing herein shall prevent a local governmental

18  entity from enacting ordinances relating to the blocking of

19  streets by railroad engines and cars.

20         (4)(5)  Any local governmental entity or other public

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

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

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

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

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

26  agency and railroad to assure the safety of the railroad

27  trains and the participants in the event.

28         Section 21.  Subsection (4) is added to section 336.41,

29  Florida Statutes, to read:

30         336.41  Counties; employing labor and providing road

31  equipment; definitions.--

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

  2  governmental entity or authority may require that persons

  3  interested in performing work under the contract first be

  4  certified or qualified to do the work. Any contractor

  5  prequalified and considered eligible to bid by the department

  6  to perform the type of work described under the contract shall

  7  be presumed to be qualified to perform the work so described.

  8  Any contractor may be considered ineligible to bid by the

  9  governmental entity or authority if the contractor is behind

10  an approved progress schedule by 10 percent or more on another

11  project for that entity or authority at the time of the

12  advertisement of the work. The governmental entity or

13  authority may provide an appeal process to overcome that

14  presumption with de novo review based on the record below to

15  the circuit court.

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 review based on the record below to the

24  circuit court.

25         (c)  The contracting entity shall also publish for

26  comment, prior to adoption, the selection criteria and

27  procedures to be used by the governmental entity or authority

28  if such procedures would allow selection of other than the

29  lowest responsible bidder. The selection criteria shall

30  include an appeal process within the contracting entity with

31  de novo review based on the record below to the circuit court.

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  1         Section 22.  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 23.  Section 337.107, Florida Statutes, is

12  amended to read:

13         337.107  Contracts for right-of-way services.--The

14  department may enter into contracts pursuant to s. 287.055 or

15  s. 337.025 for right-of-way services on transportation

16  corridors and transportation facilities or the department may

17  include right-of-way services as part of design-build

18  contracts awarded pursuant to s. 337.11.  Right-of-way

19  services include negotiation and acquisition services,

20  appraisal services, demolition and removal of improvements,

21  and asbestos-abatement services.

22         Section 24.  Paragraph (c) of subsection (6) and

23  paragraph (a) of subsection (7) of section 337.11, Florida

24  Statutes, are amended to read:

25         337.11  Contracting authority of department; bids;

26  emergency repairs, supplemental agreements, and change orders;

27  combined design and construction contracts; progress payments;

28  records; requirements of vehicle registration.--

29         (6)

30         (c)  When the department determines that it is in the

31  best interest of the public for reasons of public concern,

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  1  economy, improved operations or safety, and only when

  2  circumstances dictate rapid completion of the work, the

  3  department may, up to the threshold amount of $120,000

  4  provided in s. 287.017 for CATEGORY FOUR, enter into contracts

  5  for construction and maintenance without advertising and

  6  receiving competitive bids. However, if legislation is enacted

  7  by the Legislature which changes the category thresholds, the

  8  threshold amount shall remain at $60,000. The department may

  9  enter into such contracts only upon a determination that the

10  work is necessary for one of the following reasons:

11         1.  To ensure timely completion of projects or

12  avoidance of undue delay for other projects;

13         2.  To accomplish minor repairs or construction and

14  maintenance activities for which time is of the essence and

15  for which significant cost savings would occur; or

16         3.  To accomplish nonemergency work necessary to ensure

17  avoidance of adverse conditions that affect the safe and

18  efficient flow of traffic.

19

20  The department shall make a good faith effort to obtain two or

21  more quotes, if available, from qualified contractors before

22  entering into any contract. The department shall give

23  consideration to disadvantaged business enterprise

24  participation. However, when the work exists within the limits

25  of an existing contract, the department shall make a good

26  faith effort to negotiate and enter into a contract with the

27  prime contractor on the existing contract.

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

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

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

31  major bridge, an enhancement project, or a rail corridor

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  1  project into a single contract. Such contract is referred to

  2  as a design-build contract. Design-build contracts may be

  3  advertised and awarded notwithstanding the requirements of

  4  paragraph (c) of subsection (3). However, construction

  5  activities may not begin on any portion of such projects until

  6  title to the necessary rights-of-way and easements for the

  7  construction of such portion of the project has vested in the

  8  state or a local governmental entity and all railroad crossing

  9  and utility agreements have been executed. Title to

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

11  dedicated to the public or acquired by prescription.

12         Section 25.  Subsection (4) of section 337.14, Florida

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

14  section, to read:

15         337.14  Application for qualification; certificate of

16  qualification; restrictions; request for hearing.--

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

18  prescribed qualifications, the department shall issue to him

19  or her a certificate of qualification that which, unless

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

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

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

23  department prescribes may prescribe.  If In the event the

24  department finds that an application is incomplete or contains

25  inadequate information or information that which cannot be

26  verified, the department may request in writing that the

27  applicant provide the necessary information to complete the

28  application or provide the source from which any information

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

30  comply with the initial written request within a reasonable

31  period of time as specified therein, the department shall

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

  2  to comply with the second request within a reasonable period

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

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

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

  6  pursuant to chapter 348 or chapter 349 may require that

  7  persons interested in performing work under contract first be

  8  certified or qualified to do the work.  Any contractor may be

  9  considered ineligible to bid by the governmental entity or

10  authority if the contractor is behind an approved progress

11  schedule for the governmental entity or authority by 10

12  percent or more at the time of advertisement of the work. Any

13  contractor prequalified and considered eligible by the

14  department to bid to perform the type of work described under

15  the contract shall be presumed to be qualified to perform the

16  work so described.  The governmental entity or authority may

17  provide an appeal process to overcome that presumption with de

18  novo review based on the record below to the circuit court.

19         (b)  With respect to contractors not prequalified with

20  the department, the authority shall publish prequalification

21  criteria and procedures prior to advertisement or notice of

22  solicitation.  Such publications shall include notice of a

23  public hearing for comment on such criteria and procedures

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

25  process within the authority for objections to the

26  prequalification process with de novo review based on the

27  record below to the circuit court.

28         (c)  An authority may establish criteria and procedures

29  whereunder contractor selection may occur on a basis other

30  than the lowest responsible bidder.  Prior to adoption, the

31  authority shall publish for comment the proposed criteria and

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  1  procedures.  Review of the adopted criteria and procedures

  2  shall be by de novo review based on the record below to the

  3  circuit court.

  4         Section 26.  Subsections (2) and (3) of section

  5  337.408, Florida Statutes, are amended to read:

  6         337.408  Regulation of benches, transit shelters, and

  7  waste disposal receptacles within rights-of-way.--

  8         (2)  Waste disposal receptacles of less than 110

  9  gallons in capacity, including advertising displayed on such

10  waste disposal receptacles, may be installed within the

11  right-of-way limits of any municipal, county, or state road,

12  except a limited access highway; provided that written

13  authorization has been given to a qualified private supplier

14  of such service by the appropriate municipal or county

15  government. A municipality or county may authorize the

16  installation, without public bid, of waste disposal

17  receptacles together with advertising displayed thereon within

18  the right-of-way limits of such roads. Such waste disposal

19  receptacles may not interfere with right-of-way preservation

20  and maintenance.

21         (3)  The department has the authority to adopt rules

22  pertaining to benches, transit shelters, and waste disposal

23  receptacles necessary to implement this section and to direct

24  the immediate relocation or removal of any bench, transit

25  shelter, or waste disposal receptacle which endangers life or

26  property. Advertising displayed on any bench, transit shelter,

27  or waste disposal receptacle shall not exceed the following

28  maximum allowable dimensions for each display: bench display,

29  72 inches long and 24 inches in height; transit shelter

30  display, 72 inches in height and 60 inches in width; and waste

31  disposal receptacle, 36 inches in height and 24 inches in

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  1  width. Not more than one display on a bench, transit shelter,

  2  or waste disposal receptacle shall be permitted to face in the

  3  same direction at the same location., except that Transit bus

  4  benches which have been placed in service prior to April 1,

  5  1992, do not have to comply with bench size and advertising

  6  display size requirements which have been established by the

  7  department prior to March 1, 1992.  Any transit bus bench that

  8  was in service prior to April 1, 1992, may be replaced with a

  9  bus bench of the same size or smaller, if the bench is damaged

10  or destroyed or otherwise becomes unusable.

11         Section 27.  Subsection (2) of section 337.401, Florida

12  Statutes, is amended to read:

13         337.401  Use of right-of-way for utilities subject to

14  regulation; permit; fees.--

15         (2)  The authority may grant to any person who is a

16  resident of this state, or to any corporation which is

17  organized under the laws of this state or licensed to do

18  business within this state, the use of a right-of-way for the

19  utility in accordance with such rules or regulations as the

20  authority may adopt.  No utility shall be installed, located,

21  or relocated unless authorized by a written permit issued by

22  the authority. However, for public roads or publicly owned

23  rail corridors under the jurisdiction of the department, a

24  utility relocation schedule and relocation agreement may be

25  executed in lieu of a written permit. The permit shall require

26  the permitholder to be responsible for any damage resulting

27  from the issuance of such permit.  The authority may initiate

28  injunctive proceedings as provided in s. 120.69 to enforce

29  provisions of this subsection or any rule or order issued or

30  entered into pursuant thereto.

31

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  1         Section 28.  Subsections (1) and (2) of section 339.08,

  2  Florida Statutes, are amended to read:

  3         339.08  Use of moneys in State Transportation Trust

  4  Fund.--

  5         (1)  The department shall expend by rule provide for

  6  the expenditure of the moneys in the State Transportation

  7  Trust Fund accruing to the department, in accordance with its

  8  annual budget.

  9         (2)  These rules must restrict The use of such moneys

10  shall be restricted to the following purposes:

11         (a)  To pay administrative expenses of the department,

12  including administrative expenses incurred by the several

13  state transportation districts, but excluding administrative

14  expenses of commuter rail authorities that do not operate rail

15  service.

16         (b)  To pay the cost of construction of the State

17  Highway System.

18         (c)  To pay the cost of maintaining the State Highway

19  System.

20         (d)  To pay the cost of public transportation projects

21  in accordance with chapter 341 and ss. 332.003-332.007.

22         (e)  To reimburse counties or municipalities for

23  expenditures made on projects in the State Highway System as

24  authorized by s. 339.12(4) upon legislative approval.

25         (f)  To pay the cost of economic development

26  transportation projects in accordance with s. 288.063.

27         (g)  To lend or pay a portion of the operating,

28  maintenance, and capital costs of a revenue-producing

29  transportation project that is located on the State Highway

30  System or that is demonstrated to relieve traffic congestion

31  on the State Highway System.

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  1         (h)  To match any federal-aid funds allocated for any

  2  other transportation purpose, including funds allocated to

  3  projects not located in the State Highway System.

  4         (i)  To pay the cost of county road projects selected

  5  in accordance with the Small County Road Assistance Program

  6  created in s. 339.2816.

  7         (j)  To pay the cost of county or municipal road

  8  projects selected in accordance with the County Incentive

  9  Grant Program created in s. 339.2817 and the Small County

10  Outreach Program created in s. 339.2818.

11         (k)  To provide loans and credit enhancements for use

12  in constructing and improving highway transportation

13  facilities selected in accordance with the state-funded

14  infrastructure bank created in s. 339.55.

15         (l)  To fund the Transportation Outreach Program

16  created in s. 339.137.

17         (m)  To pay other lawful expenditures of the

18  department.

19         Section 29.  Subsection (5) of section 339.12, Florida

20  Statutes, is amended, and subsection (10) is added to said

21  section, to read:

22         339.12  Aid and contributions by governmental entities

23  for department projects; federal aid.--

24         (5)  The department and the governing body of a

25  governmental entity may enter into an agreement by which the

26  governmental entity agrees to perform a highway project or

27  project phase in the department's adopted work program that is

28  not revenue producing or any public transportation project in

29  the adopted work program.  By specific provision in the

30  written agreement between the department and the governing

31  body of the governmental entity, the department may agree to

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  1  compensate reimburse the governmental entity the actual cost

  2  for the project or project phase contained in the adopted work

  3  program. Compensation Reimbursement to the governmental entity

  4  for such project or project phases must be made from funds

  5  appropriated by the Legislature, and compensation

  6  reimbursement for the cost of the project or project phase is

  7  to begin in the year the project or project phase is scheduled

  8  in the work program as of the date of the agreement.

  9         (10)  Effective January 1, 2004, any county with a

10  population greater than 50,000 in which at least 15.5 percent

11  of its total real property is off the ad valorem tax rolls due

12  to state property tax exemptions, and which dedicates at least

13  50 percent of its 1-cent local option sales tax proceeds over

14  the life of the tax for improvements to the State

15  Transportation System or to local projects directly upgrading

16  the State Transportation System within the county's boundary,

17  shall receive maintenance funding from the department at a

18  level at least equal to the average of the past 10 years of

19  transportation expenditures for planning, design,

20  right-of-way, and construction for that county. The

21  calculation of such maintenance funding shall not include the

22  State and Federal Bridge Replacement Program, the Interstate

23  program, seaports, state economic development, toll capital

24  assistance, small county resurfacing, railroad hazard

25  elimination, emergency funds, and toll projects.  The county

26  shall have adopted a list of specific state road projects to

27  be paid for with a 1-cent local option sales tax prior to the

28  ballot referendum. The county shall enter into a joint project

29  agreement with the department obligating a 50 percent or

30  greater portion, over the life of the 1-cent local option

31  sales tax, to the department for improvements to the State

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  1  Transportation System.  The department shall enter into a

  2  joint project agreement with the county, over the life of the

  3  sales tax, committing to a maintenance level of funding at

  4  least equal to the average of the past 10 years of

  5  transportation expenditures for planning, design,

  6  right-of-way, and construction for that county. The county

  7  government receiving these funds from the department shall

  8  distribute the funds in accordance with ss. 212.055(2)(c)2.

  9  and 218.62. It is not the intent of the Legislature to provide

10  a windfall for counties.  The intent is to hold harmless any

11  eligible county willing to fund millions of dollars for state

12  transportation improvements in its jurisdiction with a funding

13  level to an average of what the department typically

14  appropriates to that county for state transportation

15  improvements, less any department projects for the county not

16  included in the list of state projects the county is funding

17  through the 1-cent local option sales tax.

18         Section 30.  Paragraphs (f) and (g) of subsection (4)

19  and paragraph (c) of subsection (7) of section 339.135,

20  Florida Statutes, are amended to read:

21         339.135  Work program; legislative budget request;

22  definitions; preparation, adoption, execution, and

23  amendment.--

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

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

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

27  Governor, the legislative appropriations committees, the

28  Florida Transportation Commission, and the Department of

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

30  the regular legislative session.  Prior to the statewide

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

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  1  Community Affairs shall transmit to the Florida Transportation

  2  Commission a list of those projects and project phases

  3  contained in the tentative work program which are identified

  4  as being inconsistent with approved local government

  5  comprehensive plans.  For urbanized areas of metropolitan

  6  planning organizations, the list may not contain any project

  7  or project phase that is scheduled in a transportation

  8  improvement program unless such inconsistency has been

  9  previously reported to the affected metropolitan planning

10  organization.  The commission shall consider the list as part

11  of its evaluation of the tentative work program conducted

12  pursuant to s. 20.23.

13         (g)  The Florida Transportation Commission shall

14  conduct a statewide public hearing on the tentative work

15  program and shall advertise the time, place, and purpose of

16  the hearing in the Florida Administrative Weekly at least 7

17  days prior to the hearing.  As part of the statewide public

18  hearing, the commission shall, at a minimum:

19         1.  Conduct an in-depth evaluation of the tentative

20  work program as required in s. 20.23 for compliance with

21  applicable laws and departmental policies; and

22         2.  Hear all questions, suggestions, or other comments

23  offered by the public.

24

25  By no later than 14 days after the regular legislative session

26  begins, the commission shall submit to the Executive Office of

27  the Governor and the legislative appropriations committees a

28  report that evaluates the tentative work program for:

29         a.  Financial soundness;

30         b.  Stability;

31         c.  Production capacity;

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  1         d.  Accomplishments, including compliance with program

  2  objectives in s. 334.046;

  3         e.  Compliance with approved local government

  4  comprehensive plans;

  5         f.  Objections and requests by metropolitan planning

  6  organizations;

  7         g.  Policy changes and effects thereof;

  8         h.  Identification of statewide or regional projects;

  9  and

10         i.  Compliance with all other applicable laws.

11         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

12         (c)  The department may amend the adopted work program

13  to transfer appropriations within the department, except that

14  the following amendments shall be subject to the procedures in

15  paragraph (d):

16         1.  Any amendment which deletes any project or project

17  phase;

18         2.  Any amendment which adds a project estimated to

19  cost over $500,000 $150,000 in funds appropriated by the

20  Legislature;

21         3.  Any amendment which advances or defers to another

22  fiscal year, a right-of-way phase, a construction phase, or a

23  public transportation project phase estimated to cost over $1

24  million $500,000 in funds appropriated by the Legislature,

25  except an amendment advancing or deferring a phase for a

26  period of 90 days or less; or

27         4.  Any amendment which advances or defers to another

28  fiscal year, any preliminary engineering phase or design phase

29  estimated to cost over $500,000 $150,000 in funds appropriated

30  by the Legislature, except an amendment advancing or deferring

31  a phase for a period of 90 days or less.

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  1         Section 31.  Subsection (5) of section 341.051, Florida

  2  Statutes, is amended to read:

  3         341.051  Administration and financing of public transit

  4  programs and projects.--

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

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

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

  8  of any eligible public transit capital project or commuter

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

10  that departmental participation in the final design,

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

12  individual fixed-guideway project which is not approved for

13  federal funding shall not exceed an amount equal to 12.5

14  percent of the total cost of each phase.

15         (b)  The Department of Transportation shall develop a

16  major capital investment policy which shall include policy

17  criteria and guidelines for the expenditure or commitment of

18  state funds for public transit capital projects. The policy

19  shall include the following:

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

21  transit project with the approved local government

22  comprehensive plans of the units of local government in which

23  the project is located.

24         2.  Methods for evaluating the level of local

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

26  through system planning and the development of a feasible plan

27  to fund operating cost through fares, value capture techniques

28  such as joint development and special districts, or other

29  local funding mechanisms.

30

31

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  1         3.  Methods for evaluating alternative transit systems

  2  including an analysis of technology and alternative methods

  3  for providing transit services in the corridor.

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

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

  6  commuter assistance project that is statewide in scope or

  7  involves more than one county where no other governmental

  8  entity or appropriate jurisdiction exists.

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

10  80 percent of the capital cost of any eligible project that

11  will assist Florida's transit systems in becoming fiscally

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

13  department on an appropriate schedule not to exceed 5 years

14  after the date of provision of the advances.

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

16  percent of the capital and net operating costs of statewide

17  transit service development projects or transit corridor

18  projects.  All transit service development projects shall be

19  specifically identified by way of a departmental appropriation

20  request, and transit corridor projects shall be identified as

21  part of the planned improvements on each transportation

22  corridor designated by the department.  The project

23  objectives, the assigned operational and financial

24  responsibilities, the timeframe required to develop the

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

26  project will be judged shall be documented by the department

27  for each such transit service development project or transit

28  corridor project.

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

30  percent of the capital and net operating costs of transit

31  service development projects that are local in scope and that

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

  2  such projects shall be identified in the appropriation request

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

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

  5  following functional areas and is subject to the specified

  6  times of duration:

  7         1.  Improving system operations, including, but not

  8  limited to, realigning route structures, increasing system

  9  average speed, decreasing deadhead mileage, expanding area

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

11  to 3 years;

12         2.  Improving system maintenance procedures, including,

13  but not limited to, effective preventive maintenance programs,

14  improved mechanics training programs, decreasing service

15  repair calls, decreasing parts inventory requirements, and

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

17         3.  Improving marketing and consumer information

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

19  services, organized advertising and promotion programs, and

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

21  and

22         4.  Improving technology involved in overall

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

24  fare collection techniques, electronic data processing

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

26

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

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

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

30         Section 32.  Subsections (7), (8), and (10) of section

31  341.302, Florida Statutes, are amended to read:

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  1         341.302  Rail program, duties and responsibilities of

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

  3  governmental units and the private sector, shall develop and

  4  implement a rail program of statewide application designed to

  5  ensure the proper maintenance, safety, revitalization, and

  6  expansion of the rail system to assure its continued and

  7  increased availability to respond to statewide mobility needs.

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

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

10  shall:

11         (7)  Develop and administer state standards concerning

12  the safety and performance of rail systems, hazardous material

13  handling, and operations. Such standards shall be developed

14  jointly with representatives of affected rail systems, with

15  full consideration given to nationwide industry norms, and

16  shall define the minimum acceptable standards for safety and

17  performance.

18         (8)  Conduct, at a minimum, inspections of track and

19  rolling stock,; train signals and related equipment,;

20  hazardous materials transportation, including the loading,

21  unloading, and labeling of hazardous materials at shippers',

22  receivers', and transfer points; and train operating practices

23  to determine adherence to state and federal standards.

24  Department personnel may enforce any safety regulation issued

25  under the Federal Government's preemptive authority over

26  interstate commerce.

27         (10)  Administer rail operating and construction

28  programs, which programs shall include the regulation of

29  maximum train operating speeds, the opening and closing of

30  public grade crossings, the construction and rehabilitation of

31  public grade crossings, and the installation of traffic

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  1  control devices at public grade crossings, the administering

  2  of the programs by the department including participation in

  3  the cost of the programs.

  4         Section 33.  Paragraph (d) of subsection (2) of section

  5  348.0003, Florida Statutes, is amended to read:

  6         348.0003  Expressway authority; formation;

  7  membership.--

  8         (2)  The governing body of an authority shall consist

  9  of not fewer than five nor more than nine voting members. The

10  district secretary of the affected department district shall

11  serve as a nonvoting member of the governing body of each

12  authority located within the district.  Each member of the

13  governing body must at all times during his or her term of

14  office be a permanent resident of the county which he or she

15  is appointed to represent.

16         (d)  Notwithstanding any provision to the contrary in

17  this subsection, in any county as defined in s. 125.011(1),

18  the governing body of an authority shall consist of up to 13

19  members, and the following provisions of this paragraph shall

20  apply specifically to such authority. Except for the district

21  secretary of the department, the members must be residents of

22  the county. Seven voting members shall be appointed by the

23  governing body of the county. At the discretion of the

24  governing body of the county, up to two of the members

25  appointed by the governing body of the county may be elected

26  officials residing in the county. Five voting members of the

27  authority shall be appointed by the Governor. One member shall

28  be the district secretary of the department serving in the

29  district that contains such county.  This member shall be an

30  ex officio voting member of the authority. If the governing

31  board of an authority includes any member originally appointed

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  1  by the governing body of the county as a nonvoting member,

  2  when the term of such member expires, that member shall be

  3  replaced by a member appointed by the Governor until the

  4  governing body of the authority is composed of seven members

  5  appointed by the governing body of the county and five members

  6  appointed by the Governor. The qualifications, the terms of

  7  office, and the obligations and rights of members of the

  8  authority shall be determined by resolution or ordinance of

  9  the governing body of the county in a manner that is

10  consistent with subsections (3) and (4).

11         Section 34.  Section 348.0012, Florida Statutes, is

12  amended to read:

13         348.0012  Exemptions from applicability.--The Florida

14  Expressway Authority Act does not apply:

15         (1)  To In a county in which an expressway authority

16  which has been created pursuant to parts II-IX of this

17  chapter; or

18         (2)  To a transportation authority created pursuant to

19  chapter 349.

20         Section 35.  Paragraph (b) of subsection (1) of section

21  348.754, Florida Statutes, is amended to read:

22         348.754  Purposes and powers.--

23         (1)

24         (b)  It is the express intention of this part that said

25  authority, in the construction of said Orlando-Orange County

26  Expressway System, shall be authorized to acquire, finance,

27  construct, and equip any extensions, additions, or

28  improvements to said system, or appurtenant facilities,

29  including all necessary approaches, roads, bridges, and

30  avenues of access as the authority shall deem desirable and

31  proper, together with such changes, modifications, or

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  1  revisions to of said system or appurtenant facilities project

  2  as the authority shall deem be deemed desirable and proper.

  3         Section 36.  Section 348.7543, Florida Statutes, is

  4  amended to read:

  5         348.7543  Improvements, bond financing authority

  6  for.--Pursuant to s. 11(e), Art. VII of the State

  7  Constitution, the Legislature hereby approves for bond

  8  financing by the Orlando-Orange County Expressway Authority

  9  the cost of acquiring, constructing, equipping, improving, or

10  refurbishing any expressway system, including improvements to

11  toll collection facilities, interchanges, future extensions

12  and additions, necessary approaches, roads, bridges, and

13  avenues of access to the legislatively approved expressway

14  system, and any other facility appurtenant, necessary, or

15  incidental to the approved system, all as deemed desirable and

16  proper by the authority pursuant to s. 348.754(1)(b).  Subject

17  to terms and conditions of applicable revenue bond resolutions

18  and covenants, such costs financing may be financed in whole

19  or in part by revenue bonds issued pursuant to s.

20  348.755(1)(a) or (b) whether currently issued, issued in the

21  future, or by a combination of such bonds.

22         Section 37.  Section 348.7544, Florida Statutes, is

23  amended to read:

24         348.7544  Northwest Beltway Part A, construction

25  authorized; financing.--Notwithstanding s. 338.2275, the

26  Orlando-Orange County Expressway Authority is hereby

27  authorized to construct, finance, operate, own, and maintain

28  that portion of the Western Beltway known as the Northwest

29  Beltway Part A, extending from Florida's Turnpike near Ocoee

30  north to U.S. 441 near Apopka, as part of the authority's

31  20-year capital projects plan. This project may be financed

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  1  with any funds available to the authority for such purpose or

  2  revenue bonds issued by the Division of Bond Finance of the

  3  State Board of Administration on behalf of the authority

  4  pursuant to s. 11, Art. VII of the State Constitution and the

  5  State Bond Act, ss. 215.57-215.83. This project may be

  6  refinanced with bonds issued by the authority pursuant to s.

  7  348.755(1)(d).

  8         Section 38.  Section 348.7545, Florida Statutes, is

  9  amended to read:

10         348.7545  Western Beltway Part C, construction

11  authorized; financing.--Notwithstanding s. 338.2275, the

12  Orlando-Orange County Expressway Authority is authorized to

13  exercise its condemnation powers, construct, finance, operate,

14  own, and maintain that portion of the Western Beltway known as

15  the Western Beltway Part C, extending from Florida's Turnpike

16  near Ocoee in Orange County southerly through Orange and

17  Osceola Counties to an interchange with I-4 near the

18  Osceola-Polk County line, as part of the authority's 20-year

19  capital projects plan. This project may be financed with any

20  funds available to the authority for such purpose or revenue

21  bonds issued by the Division of Bond Finance of the State

22  Board of Administration on behalf of the authority pursuant to

23  s. 11, Art. VII of the State Constitution and the State Bond

24  Act, ss. 215.57-215.83. This project may be refinanced with

25  bonds issued by the authority pursuant to s. 348.755(1)(d).

26         Section 39.  Subsection (1) of section 348.755, Florida

27  Statutes, is amended to read:

28         348.755  Bonds of the authority.--

29         (1)(a)  Bonds may be issued on behalf of the authority

30  pursuant to the State Bond Act.

31

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  1         (b)  Alternatively, the authority may issue its own

  2  bonds pursuant to the provisions of this part at such times

  3  and in such principal amount as, in the opinion of the

  4  authority, is necessary to provide sufficient moneys for

  5  achieving its purposes; however, such bonds shall not pledge

  6  the full faith and credit of the state. Bonds issued by the

  7  authority pursuant to paragraphs (a) or (b) The bonds of the

  8  authority issued pursuant to the provisions of this part,

  9  whether on original issuance or on refunding, shall be

10  authorized by resolution of the members thereof and may be

11  either term or serial bonds, shall bear such date or dates,

12  mature at such time or times, not exceeding 40 years from

13  their respective dates, bear interest at such rate or rates,

14  payable semiannually, be in such denominations, be in such

15  form, either coupon or fully registered, shall carry such

16  registration, exchangeability and interchangeability

17  privileges, be payable in such medium of payment and at such

18  place or places, be subject to such terms of redemption and be

19  entitled to such priorities on the revenues, rates, fees,

20  rentals or other charges or receipts of the authority

21  including the Orange County gasoline tax funds received by the

22  authority pursuant to the terms of any lease-purchase

23  agreement between the authority and the department, as such

24  resolution or any resolution subsequent thereto may provide.

25  The bonds shall be executed either by manual or facsimile

26  signature by such officers as the authority shall determine,

27  provided that such bonds shall bear at least one signature

28  which is manually executed thereon, and the coupons attached

29  to such bonds shall bear the facsimile signature or signatures

30  of such officer or officers as shall be designated by the

31  authority and shall have the seal of the authority affixed,

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  1  imprinted, reproduced or lithographed thereon, all as may be

  2  prescribed in such resolution or resolutions.

  3         (c)(b)  Said Bonds issued pursuant to paragraphs (a)

  4  and (b) shall be sold at public sale in the same manner

  5  provided by the State Bond Act.  However, if the authority

  6  shall, by official action at a public meeting, determine that

  7  a negotiated sale of such the bonds is in the best interest of

  8  the authority, the authority may negotiate for sale of the

  9  bonds with the underwriter or underwriters designated by the

10  authority and the Division of Bond Finance of the State Board

11  of Administration with respect to bonds issued pursuant to

12  paragraph (b). The authority's determination to negotiate the

13  sale of such bonds may be based in part upon the written

14  advice of its financial advisor. Pending the preparation of

15  definitive bonds, interim certificates may be issued to the

16  purchaser or purchasers of such bonds and may contain such

17  terms and conditions as the authority may determine.

18         (d)  The authority may issue bonds pursuant to

19  paragraph (b) to refund any bonds previously issued regardless

20  of whether the bonds being refunded were issued by the

21  authority pursuant to this chapter or on behalf of the

22  authority pursuant to the State Bond Act.

23         Section 40.  Section 348.765, Florida Statutes, is

24  amended to read:

25         348.765  This part complete and additional authority.--

26         (1)  The powers conferred by this part shall be in

27  addition and supplemental to the existing powers of said board

28  and the department, and this part shall not be construed as

29  repealing any of the provisions, of any other law, general,

30  special or local, but to supersede such other laws in the

31  exercise of the powers provided in this part, and to provide a

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  1  complete method for the exercise of the powers granted in this

  2  part.  The extension and improvement of said Orlando-Orange

  3  County Expressway System, and the issuance of bonds hereunder

  4  to finance all or part of the cost thereof, may be

  5  accomplished upon compliance with the provisions of this part

  6  without regard to or necessity for compliance with the

  7  provisions, limitations, or restrictions contained in any

  8  other general, special or local law, including, but not

  9  limited to, s. 215.821, and no approval of any bonds issued

10  under this part by the qualified electors or qualified

11  electors who are freeholders in the state or in said County of

12  Orange, or in said City of Orlando, or in any other political

13  subdivision of the state, shall be required for the issuance

14  of such bonds pursuant to this part.

15         (2)  This part shall not be deemed to repeal, rescind,

16  or modify any other law or laws relating to said State Board

17  of Administration, said Department of Transportation, or the

18  Division of Bond Finance of the State Board of Administration,

19  but shall be deemed to and shall supersede such other law or

20  laws as are inconsistent with the provisions of this part,

21  including, but not limited to, s. 215.821.

22         Section 41.  Subsections (1) through (6) and subsection

23  (8) of section 373.4137, Florida Statutes, are amended, and

24  subsection (9) is added to said section, to read:

25         373.4137  Mitigation requirements.--

26         (1)  The Legislature finds that environmental

27  mitigation for the impact of transportation projects proposed

28  by the Department of Transportation or a transportation

29  authority established pursuant to chapter 348 or chapter 349

30  can be more effectively achieved by regional, long-range

31  mitigation planning rather than on a project-by-project basis.

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  1  It is the intent of the Legislature that mitigation to offset

  2  the adverse effects of these transportation projects be funded

  3  by the Department of Transportation and be carried out by the

  4  Department of Environmental Protection and the water

  5  management districts, including the use of mitigation banks

  6  established pursuant to this part.

  7         (2)  Environmental impact inventories for

  8  transportation projects proposed by the Department of

  9  Transportation or a transportation authority established

10  pursuant to chapter 348 or chapter 349 shall be developed as

11  follows:

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

13  Transportation or a transportation authority established

14  pursuant to chapter 348 or chapter 349 shall submit to the

15  Department of Environmental Protection and the water

16  management districts a copy of its adopted work program and an

17  inventory of habitats addressed in the rules tentatively,

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

19  U.S.C. s. 1344, which may be impacted by its plan of

20  construction for transportation projects in the next 3 years

21  of the tentative work program. The Department of

22  Transportation or a transportation authority established

23  pursuant to chapter 348 or chapter 349 may also include in its

24  inventory the habitat impacts of any future transportation

25  project identified in the tentative work program.

26         (b)  The environmental impact inventory shall include a

27  description of these habitat impacts, including their

28  location, acreage, and type; state water quality

29  classification of impacted wetlands and other surface waters;

30  any other state or regional designations for these habitats;

31

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  1  and a survey of threatened species, endangered species, and

  2  species of special concern affected by the proposed project.

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

  4  impacts identified in the inventory described in subsection

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

  6  quarterly in an escrow account within the State Transportation

  7  Trust Fund for the environmental mitigation phase of projects

  8  budgeted by the Department of Transportation for the current

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

10  Department of Transportation for the benefit of the Department

11  of Environmental Protection and the water management

12  districts.  Any interest earnings from the escrow account

13  shall remain with the Department of Transportation.

14         (b)  Each transportation authority established pursuant

15  to chapter 348 or chapter 349 that chooses to participate in

16  this program shall create an escrow account within its

17  financial structure and deposit funds in the account to pay

18  for the environmental mitigation phase of projects budgeted

19  for the current fiscal year. The escrow account will be

20  maintained by the authority for the benefit of the Department

21  of Environmental Protection and the water management

22  districts. Any interest earnings from the escrow account shall

23  remain with the authority.

24         (c)  The Department of Environmental Protection or

25  water management districts may request a transfer of funds

26  from an the escrow account no sooner than 30 days prior to the

27  date the funds are needed to pay for activities associated

28  with development or implementation of the approved mitigation

29  plan described in subsection (4) for the current fiscal year,

30  including, but not limited to, design, engineering,

31  production, and staff support. Actual conceptual plan

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  1  preparation costs incurred before plan approval may be

  2  submitted to the Department of Transportation or the

  3  appropriate transportation authority and the Department of

  4  Environmental Protection by November 1 of each year with the

  5  plan. The conceptual plan preparation costs of each water

  6  management district will be paid based on the amount approved

  7  on the mitigation plan and allocated to the current fiscal

  8  year projects identified by the water management district.

  9  The amount transferred to the escrow accounts account each

10  year by the Department of Transportation and participating

11  transportation authorities established pursuant to chapter 348

12  or chapter 349 shall correspond to a cost per acre of $75,000

13  multiplied by the projected acres of impact identified in the

14  inventory described in subsection (2). However, the $75,000

15  cost per acre does not constitute an admission against

16  interest by the state or its subdivisions nor is the cost

17  admissible as evidence of full compensation for any property

18  acquired by eminent domain or through inverse condemnation.

19  Each July 1, the cost per acre shall be adjusted by the

20  percentage change in the average of the Consumer Price Index

21  issued by the United States Department of Labor for the most

22  recent 12-month period ending September 30, compared to the

23  base year average, which is the average for the 12-month

24  period ending September 30, 1996.  At the end of each year,

25  the projected acreage of impact shall be reconciled with the

26  acreage of impact of projects as permitted, including permit

27  modifications, pursuant to this part and s. 404 of the Clean

28  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

29  funds shall be adjusted accordingly to reflect the

30  overtransfer or undertransfer of funds from the preceding

31  year. The Department of Transportation and participating

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  1  transportation authorities established pursuant to chapter 348

  2  or chapter 349 are is authorized to transfer such funds from

  3  the escrow accounts account to the Department of Environmental

  4  Protection and the water management districts to carry out the

  5  mitigation programs.

  6         (4)  Prior to December 1 of each year, each water

  7  management district, in consultation with the Department of

  8  Environmental Protection, the United States Army Corps of

  9  Engineers, the Department of Transportation, transportation

10  authorities established pursuant to chapter 348 or chapter

11  349, and other appropriate federal, state, and local

12  governments, and other interested parties, including entities

13  operating mitigation banks, shall develop a plan for the

14  primary purpose of complying with the mitigation requirements

15  adopted pursuant to this part and 33 U.S.C. s. 1344.  This

16  plan shall also address significant invasive plant problems

17  within wetlands and other surface waters. In developing such

18  plans, the districts shall utilize sound ecosystem management

19  practices to address significant water resource needs and

20  shall focus on activities of the Department of Environmental

21  Protection and the water management districts, such as surface

22  water improvement and management (SWIM) waterbodies and lands

23  identified for potential acquisition for preservation,

24  restoration, and enhancement, to the extent that such

25  activities comply with the mitigation requirements adopted

26  under this part and 33 U.S.C. s. 1344.  In determining the

27  activities to be included in such plans, the districts shall

28  also consider the purchase of credits from public or private

29  mitigation banks permitted under s. 373.4136 and associated

30  federal authorization and shall include such purchase as a

31  part of the mitigation plan when such purchase would offset

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  1  the impact of the transportation project, provide equal

  2  benefits to the water resources than other mitigation options

  3  being considered, and provide the most cost-effective

  4  mitigation option.  The mitigation plan shall be preliminarily

  5  approved by the water management district governing board and

  6  shall be submitted to the secretary of the Department of

  7  Environmental Protection for review and final approval. The

  8  preliminary approval by the water management district

  9  governing board does not constitute a decision that affects

10  substantial interests as provided by s. 120.569. At least 30

11  days prior to preliminary approval, the water management

12  district shall provide a copy of the draft mitigation plan to

13  any person who has requested a copy.

14         (a)  For each transportation project with a funding

15  request for the next fiscal year, the mitigation plan must

16  include a brief explanation of why a mitigation bank was or

17  was not chosen as a mitigation option, including an estimation

18  of identifiable costs of the mitigation bank and nonbank

19  options to the extent practicable.

20         (b)  Specific projects may be excluded from the

21  mitigation plan and shall not be subject to this section upon

22  the agreement of the Department of Transportation, a

23  transportation authority if applicable, the Department of

24  Environmental Protection, and the appropriate water management

25  district that the inclusion of such projects would hamper the

26  efficiency or timeliness of the mitigation planning and

27  permitting process, or the Department of Environmental

28  Protection and the water management district are unable to

29  identify mitigation that would offset the impacts of the

30  project.

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  1         (c)  Surface water improvement and management or

  2  invasive plant control projects undertaken using the $12

  3  million advance transferred from the Department of

  4  Transportation to the Department of Environmental Protection

  5  in fiscal year 1996-1997 which meet the requirements for

  6  mitigation under this part and 33 U.S.C. s. 1344 shall remain

  7  available for mitigation until the $12 million is fully

  8  credited up to and including fiscal year 2004-2005. When these

  9  projects are used as mitigation, the $12 million advance shall

10  be reduced by $75,000 per acre of impact mitigated. For any

11  fiscal year through and including fiscal year 2004-2005, to

12  the extent the cost of developing and implementing the

13  mitigation plans is less than the amount transferred pursuant

14  to subsection (3), the difference shall be credited towards

15  the $12 million advance. Except as provided in this paragraph,

16  any funds not directed to implement the mitigation plan

17  should, to the greatest extent possible, be directed to fund

18  invasive plant control within wetlands and other surface

19  waters.

20         (5)  The water management district shall be responsible

21  for ensuring that mitigation requirements pursuant to 33

22  U.S.C. s. 1344 are met for the impacts identified in the

23  inventory described in subsection (2), by implementation of

24  the approved plan described in subsection (4) to the extent

25  funding is provided by the Department of Transportation, or a

26  transportation authority established pursuant to chapter 348

27  or chapter 349 if applicable.  During the federal permitting

28  process, the water management district may deviate from the

29  approved mitigation plan in order to comply with federal

30  permitting requirements.

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  1         (6)  The mitigation plans plan shall be updated

  2  annually to reflect the most current Department of

  3  Transportation work program and project list of a

  4  transportation authority established pursuant to chapter 348

  5  or chapter 349 if applicable and may be amended throughout the

  6  year to anticipate schedule changes or additional projects

  7  which may arise.  Each update and amendment of the mitigation

  8  plan shall be submitted to the secretary of the Department of

  9  Environmental Protection for approval. However, such approval

10  shall not be applicable to a deviation as described in

11  subsection (5).

12         (8)  This section shall not be construed to eliminate

13  the need for the Department of Transportation or a

14  transportation authority established pursuant to chapter 348

15  or chapter 349 to comply with the requirement to implement

16  practicable design modifications, including realignment of

17  transportation projects, to reduce or eliminate the impacts of

18  its transportation projects on wetlands and other surface

19  waters as required by rules adopted pursuant to this part, or

20  to diminish the authority under this part to regulate other

21  impacts, including water quantity or water quality impacts, or

22  impacts regulated under this part that are not identified in

23  the inventory described in subsection (2).

24         (9)  The process for environmental mitigation for the

25  impact of transportation projects under this section shall be

26  available to an expressway, bridge, or transportation

27  authority established under chapters 348 and 349. Use of this

28  process may be initiated by an authority depositing the

29  requisite funds into an escrow account set up by the authority

30  and filing an environmental impact inventory with the

31  appropriate water management district. An authority that

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  1  initiates the environmental mitigation process established by

  2  this section shall comply with subsection (6) by timely

  3  providing the appropriate water management district and the

  4  Department of Environmental Protection with the requisite work

  5  program information. A water management district may draw down

  6  funds from the escrow account in the manner and on the basis

  7  provided in subsection (5).

  8         Section 42.  Subsection (2) of section 479.15, Florida

  9  Statutes, is amended to read:

10         479.15  Harmony of regulations.--

11         (2)  A municipality, county, local zoning authority, or

12  other local governmental entity may not remove, or cause to be

13  removed, any lawfully erected sign along any portion of the

14  interstate or federal-aid primary highway system without first

15  paying just compensation for such removal. A local

16  governmental entity may not cause in any way the alteration of

17  any lawfully erected sign located along any portion of the

18  interstate or federal-aid primary highway system without

19  payment of just compensation if such alteration constitutes a

20  taking under state law. The municipality, county, local zoning

21  authority, or other local government entity promulgating

22  requirements for such alteration must be responsible for

23  payment of just compensation to the sign owner if such

24  alteration constitutes a taking under state law. This

25  subsection applies only to a lawfully erected sign the subject

26  matter of which relates to premises other than the premises on

27  which it is located or to merchandise, services, activities,

28  or entertainment not sold, produced, manufactured, or

29  furnished on the premises on which the sign is located. For

30  the purposes of this subsection, the term "federal-aid primary

31  highway system" means the federal-aid primary highway system

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  1  in existence on June 1, 1991, and any highway which was not on

  2  such system but which is, or hereafter becomes, a part of the

  3  National Highway System. This subsection shall not be

  4  interpreted as explicit or implicit legislative recognition

  5  that alterations do or do not constitute a taking under state

  6  law.

  7         Section 43.  Section 479.25, Florida Statutes, is

  8  created to read:

  9         479.25  Application of chapter.--Nothing in this

10  chapter shall prevent a governmental entity from entering into

11  an agreement allowing the height above ground level of a

12  lawfully erected sign to be increased at its permitted

13  location if a noise attenuation barrier, visibility screen, or

14  other highway improvement has been erected in such a way as to

15  screen or block visibility of such a sign; provided, however,

16  that for nonconforming signs located on the federal-aid

17  primary highway system, as such system existed on June 1,

18  1991, and any highway which was not on such system but which

19  is, or hereinafter becomes, a part of the National Highway

20  System, such agreement must be approved by the Federal Highway

21  Administration. Any increase in height permitted under this

22  provision shall only be that which is required to achieve the

23  same degree of visibility from the right-of-way that the sign

24  had prior to the construction of the noise attenuation

25  barrier, visibility screen, or other highway improvement.

26         Section 44.  Section 70.20, Florida Statutes, is

27  created to read:

28         70.20  Balancing of interests.--It is a policy of this

29  state to encourage municipalities, counties, and other

30  governmental entities and sign owners to enter into relocation

31  and reconstruction agreements that allow governmental entities

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  1  to undertake public projects and accomplish public goals

  2  without the expenditure of public funds, while allowing the

  3  continued maintenance of private investment in signage as a

  4  medium of commercial and noncommercial communication.

  5         (1)  Municipalities, counties, and all other

  6  governmental entities are specifically empowered to enter into

  7  relocation and reconstruction agreements on whatever terms are

  8  agreeable to the sign owner and the municipality, county, or

  9  other governmental entity involved and to provide for

10  relocation and reconstruction of signs by agreement,

11  ordinance, or resolution.  As used in this section, a

12  "relocation and reconstruction agreement" means a consensual,

13  contractual agreement between a sign owner and municipality,

14  county, or other governmental entity for either the

15  reconstruction of an existing sign or removal of a sign and

16  the construction of a new sign to substitute for the sign

17  removed.  Agreements entered into prior to the effective date

18  of this act and consistent with the terms hereof between sign

19  owners and a municipality, county, or other governmental

20  entity shall also be deemed relocation and reconstruction

21  agreements authorized by the provisions of this act.

22         (2)  Except as otherwise provided in this section, no

23  municipality, county, or other governmental entity may remove,

24  or cause to be removed, any lawfully erected sign along any

25  portion of the interstate, federal-aid primary or other

26  highway system, or any other road, without first paying just

27  compensation for such removal as determined by agreement

28  between the parties or through eminent domain proceedings.

29  Except as otherwise provided in this section, no municipality,

30  county, or other governmental entity may cause in any way the

31  alteration of any lawfully erected sign located along any

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  1  portion of the interstate, federal-aid primary or other

  2  highway system, or any other road, without first paying just

  3  compensation for such alteration as determined by agreement

  4  between the parties or through eminent domain proceedings.

  5         (3)  In the event that a municipality, county, or other

  6  governmental entity shall undertake a public project or public

  7  goal requiring alteration or removal of any lawfully erected

  8  sign, the municipality, county, or other governmental entity

  9  shall notify the owner of the affected sign in writing of the

10  public project or goal and of the intention of the

11  municipality, county, or other governmental entity to seek

12  such removal.  Within 30 days after receipt of the notice, the

13  owner of the sign and the municipality, county, or other

14  governmental entity shall attempt to meet for purposes of

15  negotiating and executing a relocation and reconstruction

16  agreement provided for in subsection (1).

17         (4)  If the parties fail to enter into a relocation and

18  reconstruction agreement within 120 days from the initial

19  notification by the municipality, county, or other

20  governmental entity, either party may request mandatory

21  nonbinding arbitration to resolve the disagreements among the

22  parties.  Each party shall select an arbitrator, and the

23  individuals so selected shall choose a third arbitrator.  The

24  three arbitrators shall constitute the panel that shall

25  arbitrate the dispute between the parties and at the

26  conclusion of the proceedings shall present to the parties a

27  proposed relocation and reconstruction agreement that the

28  panel believes equitably balances the rights, interests,

29  obligations, and reasonable expectations of the parties.  If

30  the municipality, county, or other governmental entity and the

31  sign owner accept the proposed relocation and reconstruction

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  1  agreement, the municipality, county, or other governmental

  2  entity and sign owner shall each pay its respective costs of

  3  arbitration and shall pay one-half of the costs of the

  4  arbitration panel, unless the parties otherwise agree.  If the

  5  proposed relocation and reconstruction agreement is capable of

  6  being carried out, but the municipality, county, or other

  7  governmental entity or the sign owner rejects the proposed

  8  relocation and reconstruction agreement, the entity or person

  9  rejecting the agreement shall be responsible for all

10  reasonable costs associated with the arbitration process,

11  including all reasonable costs and attorney's fees incurred by

12  the nonrejecting entity or person.

13         (5)  If the parties do not enter into a relocation and

14  reconstruction agreement, the municipality, county, or other

15  governmental entity may proceed with the public project or

16  purpose and the alteration or removal of the sign only after

17  first paying just compensation for such alteration or removal

18  as determined by agreement between the parties or through

19  eminent domain proceedings.

20         (6)  The requirement by a municipality, county, or

21  other governmental entity that a lawfully erected sign be

22  removed or altered as a condition precedent to the issuance or

23  continued effectiveness of a development order constitutes a

24  compelled removal that is prohibited without prior payment of

25  just compensation under subsection (2).  This subsection does

26  not apply when the owner of the land on which the sign is

27  located is seeking to have the property redesignated on the

28  future land use map of the applicable comprehensive plan for

29  exclusively single-family residential use.

30         (7)  The requirement by a municipality, county, or

31  other governmental entity that a lawfully erected sign be

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  1  altered or removed from the premises upon which it is located

  2  incident to the voluntary acquisition of such property by a

  3  municipality, county, or other governmental entity constitutes

  4  a compelled removal which is prohibited without payment of

  5  just compensation under subsection (2).

  6         (8)  Nothing in this section shall prevent a

  7  municipality, county, or other governmental entity from

  8  acquiring a lawfully erected sign through eminent domain or

  9  from prospectively regulating the placement, size, height, or

10  other aspects of new signs within such entity's jurisdiction,

11  including the prohibition of new signs, unless otherwise

12  authorized pursuant to this section.  Nothing in this section

13  shall create any new rights for any party other than the owner

14  of a sign, the owner of the land upon which it is located, or

15  a municipality, county, or other governmental entity as

16  expressed herein.

17         (9)  This section applies only to a lawfully erected

18  sign the subject matter of which relates to premises other

19  than the premises on which it is located or to merchandise,

20  services, activities, or entertainment not sold, produced,

21  manufactured, or furnished on the premises on which the sign

22  is located.

23         (10)  This section does not apply to any actions taken

24  by the Florida Department of Transportation which relate to

25  the operation, maintenance, or expansion of transportation

26  facilities, and this section does not affect existing law

27  regarding eminent domain relating to the Florida Department of

28  Transportation.

29         Section 45.  Paragraph (b) of subsection (1) of section

30  496.425, Florida Statutes, is amended to read:

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  1         496.425  Solicitation of funds within public

  2  transportation facilities.--

  3         (1)  As used in this section:

  4         (b)  "Facility" means any public transportation

  5  facility, including, but not limited to, railroad stations,

  6  bus stations, ship ports, ferry terminals, or roadside welcome

  7  stations, highway service plazas, airports served by scheduled

  8  passenger service, or highway rest stations.

  9         Section 46.  Section 496.4256, Florida Statutes, is

10  created to read:

11         496.4256  Public transportation facilities not required

12  to grant permit or access.--A governmental entity or authority

13  that owns or operates welcome centers, wayside parks, service

14  plazas, or rest areas on the state highway system as defined

15  in chapter 335 may not be required to issue a permit or grant

16  any person access to such public transportation facilities for

17  the purpose of soliciting funds.

18         Section 47.  Section 316.3027 and subsection (3) of

19  section 316.610, Florida Statutes, are repealed.

20         Section 48.  This act shall take effect July 1, 2001.

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