House Bill hb1053c2

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    Florida House of Representatives - 2001          CS/CS/HB 1053

        By the Council for Ready Infrastructure and 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; changing

13         the Turnpike District into a turnpike

14         enterprise; giving the Secretary of

15         Transportation the authority to exempt the

16         turnpike enterprise from department policies,

17         procedures, and standards; giving the secretary

18         authority to promulgate rules that will assist

19         the turnpike enterprise in using best business

20         practices; amending s. 110.205, F.S.;

21         correcting cross references, to conform;

22         amending s. 189.441, F.S.; removing an

23         exemption to s. 287.055, F.S.; amending s.

24         206.46, F.S.; revising language with respect to

25         the State Transportation Trust Fund; increasing

26         the debt service cap; amending s. 255.20, F.S.;

27         exempting certain transportation projects for

28         certain competitive bidding requirements;

29         amending s. 287.005, F.S.; increasing the

30         amount defining a continuing contract; amending

31         s. 311.07, F.S.; adding seaport security

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  1         projects to the types of projects eligible for

  2         these funds; exempting seaport security

  3         projects from matching requirements; amending

  4         s. 311.09, F.S.; directing seaports to abide by

  5         the provisions of s. 287.055, F.S., related to

  6         competitive negotiation; amending s. 316.302,

  7         F.S.; revising a date concerning commercial

  8         motor vehicles to conform to federal

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

10         updating a cross reference to federal trucking

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

12         deleting a requirement for a department permit

13         with respect to the height of automobile

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

15         weight requirements for certain commercial

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

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

18         revising definitions relating to aviation;

19         providing definitions; amending s. 316.650,

20         F.S.; requiring the issuance of a copy of the

21         Traffic School Reference Guide with traffic

22         citations; amending s. 318.14, F.S.; deleting

23         reference to a restriction on the number of

24         elections a person may make to attend a basic

25         driver improvement course; amending s.

26         318.1451, F.S.; providing an assessment fee

27         with respect to driver improvement courses for

28         persons who are ordered by the court to attend

29         and for certain other violations; amending s.

30         322.0261, F.S.; deleting reference to a time

31         period and increasing the amount of damage

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  1         required with respect to a crash for the

  2         screening of certain crash reports; creating s.

  3         322.02615, F.S.; providing for mandatory driver

  4         improvement courses for certain violations;

  5         amending s. 322.05, F.S.; adding a condition

  6         for the issuance of a driver's license to

  7         certain persons; amending s. 330.29, F.S.;

  8         clarifying the department's rulemaking

  9         authority with respect to airports; amending s.

10         330.30, F.S.; eliminating airport license fees;

11         revising language with respect to the

12         department's site approval process; eliminating

13         on-site inspections of private airports;

14         creating a registration process for private

15         airports; providing conditions; deleting

16         obsolete language; providing exceptions;

17         amending s. 330.35, F.S.; deleting obsolete

18         language with respect to airport zoning;

19         amending s. 330.36, F.S.; providing conditions

20         under which municipalities may prohibit or

21         otherwise regulate seaplanes; amending s.

22         332.004, F.S.; adding off-airport noise

23         mitigation projects to the projects eligible

24         for federal and state matching funds; amending

25         s. 334.044, F.S.; authorizing the department to

26         expend promotional money on scenic highway

27         projects; authorizing the department to

28         delegate its drainage permitting

29         responsibilities to other governmental entities

30         under certain circumstances; amending s.

31         334.193, F.S.; providing for employee bidding

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  1         by department employees; amending s. 334.30,

  2         F.S.; clarifying existing program for

  3         public-private transportation projects;

  4         deleting requirement for legislative approval

  5         except for projects requiring more than $50

  6         million from the State Transportation Trust

  7         Fund; specifying notice and selection

  8         requirements for projects under this section;

  9         allowing Internal Revenue Service Code chapter

10         63-20 corporations to participate in these

11         public-private transportation projects;

12         providing conditions for using loans from Toll

13         Facilities Revolving Trust Fund; deleting

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

15         creating the Safe Paths to Schools Program;

16         directing the department to establish the

17         program and to authorize establishment of a

18         grant program for purposes of funding the

19         program; authorizing the department to adopt

20         rules to administer the program; amending s.

21         335.141, F.S.; eliminating the requirement that

22         the department regulate all train speeds;

23         amending s. 336.12, F.S.; creating process for

24         homeowners' associations to be conveyed roads

25         and rights-of-way abandoned by a county

26         governing board for the purpose of converting a

27         subdivision to a gated neighborhood; amending

28         s. 336.41, F.S.; clarifying that a contract

29         already qualified by the Department of

30         Transportation is presumed qualified to bid on

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

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  1         replacing the term "competent" with

  2         "responsible bidder"; amending s. 337.107,

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

  4         design-build contracts that include

  5         right-of-acquisition services; amending s.

  6         337.11, F.S.; raising the cap on certain

  7         contracts into which the department can enter

  8         without first obtaining bids; adding

  9         enhancement projects to the types of projects

10         that can be combined into a design-build

11         contract; specifying that construction on

12         design-build projects may not begin until

13         certain conditions have been met; amending s.

14         337.14, F.S.; clarifying that contractors

15         qualified by the Department of Transportation

16         are presumed qualified to bid on projects for

17         expressway authorities; amending s. 337.401,

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

19         roads or rail corridors under the department's

20         jurisdiction, a utility relocation schedule and

21         relocation agreement may be executed in lieu of

22         a written permit; amending s. 339.08, F.S.;

23         clarifying language with respect to the use of

24         moneys in the State Transportation Trust Fund;

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

26         governments which perform projects for the

27         department are reimbursed promptly; specifying

28         that certain counties that use revenues from a

29         1-cent local option sales tax for state

30         transportation improvement projects not be

31         penalized by receiving fewer state

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  1         transportation funds; amending s. 339.135,

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

  3         tentative work program; conforming a reference

  4         to the turnpike district; amending s. 339.137,

  5         F.S.; revising definitions; amending criteria

  6         for program eligibility; directing the advisory

  7         council to develop methodology for ranking and

  8         prioritizing project proposals; directing the

  9         Florida Transportation Commission to review the

10         proposed project list before submittal to the

11         Legislature; amending s. 341.051, F.S.;

12         deleting obsolete language; amending s.

13         341.302, F.S.; deleting language requiring the

14         department to perform certain railroad

15         regulation tasks which are federal

16         responsibilities; amending s. 348.0003, F.S.;

17         giving a county governing body authority to set

18         qualifications, terms of office, and

19         obligations for the members of expressway

20         authorities within their jurisdictions;

21         amending ss. 348.0012, 348.754, 348.7543,

22         348.7544, 348.7545, 348.755, and 348.765, F.S.;

23         giving the Orlando-Orange County Expressway

24         Authority the ability to issue bonds, rather

25         than issuance through the state Division of

26         Bond Finance; amending s. 373.4137, F.S.;

27         allowing transportation authorities created

28         pursuant to chs. 348 and 349, F.S., to create

29         environmental impact inventories and

30         participate in a mitigation program to offset

31         adverse impacts caused by their transportation

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  1         projects; amending s. 475.011, F.S.; granting

  2         exemption from Florida licensing for certain

  3         firms or their employees under contract with

  4         the state or a local governmental entity to

  5         provide right-of-way acquisition services for

  6         property subject to condemnation; amending s.

  7         479.15, F.S.; revising language with respect to

  8         harmony of regulations concerning lawfully

  9         erected signs; creating s. 479.25, F.S.;

10         authorizing local governments to enter into

11         agreements which allow outdoor signs to be

12         erected above sound barriers; creating s.

13         70.20, F.S.; creating process for governmental

14         entities and sign owners to enter into

15         relocation and reconstruction agreements

16         related to outdoor advertising signs; providing

17         for just compensation to sign owners under

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

19         redefining the term "facility"; creating s.

20         496.4256, F.S.; providing that a governmental

21         entity or authority that owns or operates

22         welcome centers, wayside parks, service plazas,

23         or rest areas on the state highway system are

24         not required to issue a permit to, or grant

25         access to, any person for the purpose of

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

27         relating to identification requirements on

28         certain commercial motor vehicles; amending s.

29         337.408, F.S.; revising language with respect

30         to the regulation of benches, transit shelters,

31         and waste disposal receptacles within

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  1         rights-of-way; providing for regulation of

  2         street light poles; amending s. 380.0651, F.S.;

  3         excluding certain wholesaling facilities from

  4         development-of-regional-impact review; deleting

  5         provision which provides the

  6         development-of-regional-impact statewide

  7         guidelines and standards for airports; deleting

  8         provision which provides for certain

  9         residential developments located in one county

10         to be treated as located in an adjacent less

11         populated county; amending s. 768.28, F.S.;

12         providing that certain operators of rail

13         services and providers of security for rail

14         services are agents of the state for certain

15         purposes; providing for indemnification;

16         repealing s. 316.610(3), F.S.; relating to

17         certain inspections of certain commercial motor

18         vehicles; amending s. 337.025, F.S.;

19         eliminating cap on innovative highway projects

20         for the turnpike enterprise; amending s.

21         337.11, F.S.; providing an exemption for a

22         turnpike enterprise project; amending s.

23         338.22, F.S.; redesignating the Florida

24         Turnpike Law as the Florida Turnpike Enterprise

25         Law; amending s. 338.221, F.S.; redefining the

26         term "economically feasible" as used with

27         respect to turnpike projects; creating s.

28         338.2215, F.S.; providing legislative findings,

29         policy, purpose, and intent for the Florida

30         Turnpike Enterprise; creating s. 338.2216,

31         F.S.; prescribing the power and authority of

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  1         the turnpike enterprise; amending s. 338.223,

  2         F.S.; increasing the maximum loan amount for

  3         the turnpike enterprise; amending ss. 338.165

  4         and 338.227, F.S.; conforming provisions;

  5         amending s. 338.2275, F.S.; authorizing the

  6         turnpike enterprise to advertise for bids for

  7         contracts prior to obtaining environmental

  8         permits; amending s. 338.234, F.S.; authorizing

  9         the turnpike enterprise to expand business

10         opportunities; amending s. 338.235, F.S.;

11         authorizing the consideration of goods instead

12         of fees; amending s. 338.239, F.S.; providing

13         that approved expenditure to the Florida

14         Highway Patrol be paid by the turnpike

15         enterprise; amending s. 338.241, F.S.; lowering

16         the required cash reserve for the turnpike

17         enterprise; amending s. 338.251, F.S.;

18         conforming provisions; amending s. 553.80,

19         F.S.; providing for self-regulation; amending

20         s. 333.06, F.S.; requiring each licensed

21         publicly owned and operated airport to prepare

22         an airport master plan; providing notice to

23         affected local governments with respect

24         thereto; amending s. 380.06, F.S., relating to

25         developments of regional impact; removing the

26         rebuttable presumptions with respect to

27         application of the statewide guidelines and

28         standards; removing provisions which specify

29         that certain changes in airport facilities or

30         increases in the storage capacity for chemical

31         or petroleum storage facilities constitute a

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  1         substantial deviation and require further

  2         development-of-regional-impact review;

  3         exempting certain proposed facilities for the

  4         storage of any petroleum product from

  5         development-of-regional-impact requirements;

  6         amending ss. 163.3180 and 331.303, F.S.;

  7         correcting references; providing application

  8         with respect to airports and petroleum storage

  9         facilities which have received a

10         development-of-regional-imapct development

11         order, or which have an application for

12         development approval or notification of

13         proposed change pending, on the effective date

14         of the act; providing for severability;

15         providing an effective date.

16

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

18

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

20  to read:

21         20.23  Department of Transportation.--There is created

22  a Department of Transportation which shall be a decentralized

23  agency.

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

25  is the Secretary of Transportation. The secretary shall be

26  appointed by the Governor from among three persons nominated

27  by the Florida Transportation Commission and shall be subject

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

29  the pleasure of the Governor.

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

31  administrator who by a combination of education and experience

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  1  shall clearly possess a broad knowledge of the administrative,

  2  financial, and technical aspects of the development,

  3  operation, and regulation of transportation systems and

  4  facilities or comparable systems and facilities.

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

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

  7  policies, and procedures applicable to the operation of the

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

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

10  represent the department in its dealings with other state

11  agencies, local governments, special districts, and the

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

13  and execute all documents and papers necessary to carry out

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

15  each meeting of the Florida Transportation Commission, the

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

17  or her as official representative of the department.

18         2.  The secretary shall cause the annual department

19  budget request, the Florida Transportation Plan, and the

20  tentative work program to be prepared in accordance with all

21  applicable laws and departmental policies and shall submit the

22  budget, plan, and program to the Florida Transportation

23  Commission. The commission shall perform an in-depth

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

25  with all applicable laws and departmental policies.  If the

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

27  in compliance with all applicable laws and departmental

28  policies, it shall report its findings and recommendations

29  regarding such noncompliance to the Legislature and the

30  Governor.

31

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

  2  Transportation Commission or its staff, such assistance,

  3  information, and documents as are requested by the commission

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

  5  and responsibilities.

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

  7  secretaries who shall be directly responsible to the secretary

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

  9  section and such other duties as are assigned by the

10  secretary.  The secretary may delegate to any assistant

11  secretary the authority to act in the absence of the

12  secretary. The department has the authority to adopt rules

13  necessary for the delegation of authority beyond the assistant

14  secretaries. The assistant secretaries shall serve at the

15  pleasure of the secretary.

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

17  the assistant secretaries shall be exempt from the provisions

18  of part III of chapter 110 and shall receive compensation

19  commensurate with their qualifications and competitive with

20  compensation for comparable responsibility in the private

21  sector.  When the salary of any assistant secretary exceeds

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

23  Governor shall approve said salary.

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

25  hereby created and shall consist of nine members appointed by

26  the Governor subject to confirmation by the Senate.  Members

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

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

29  equitably represent all geographic areas of the state.  Each

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

31

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  1  Each member of the commission must also possess business

  2  managerial experience in the private sector.

  3         3.  A member of the commission shall represent the

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

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

  6  area of the state.

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

  8  Secretary of the Department of Transportation for

  9  administrative and fiscal accountability purposes, but it

10  shall otherwise function independently of the control and

11  direction of the department.

12         (b)  The commission shall have the primary functions

13  to:

14         1.  Recommend major transportation policies for the

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

16  revisions thereto are properly executed.

17         2.  Periodically review the status of the state

18  transportation system including highway, transit, rail,

19  seaport, intermodal development, and aviation components of

20  the system and recommend improvements therein to the Governor

21  and the Legislature.

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

23  department budget request, the Florida Transportation Plan,

24  and the tentative work program for compliance with all

25  applicable laws and established departmental policies. Except

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

27  the commission may not consider individual construction

28  projects, but shall consider methods of accomplishing the

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

30  businesslike manner.

31

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

  2  regular basis to assure that the department is managing

  3  revenue and bond proceeds responsibly and in accordance with

  4  law and established policy.

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

  6  efficiency, productivity, and management of the department,

  7  using performance and production standards developed by the

  8  commission pursuant to s. 334.045.

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

10  causing disruption of project schedules in the adopted work

11  program and recommend to the Legislature and the Governor

12  methods to eliminate or reduce the disruptive effects of these

13  factors.

14         7.  Recommend to the Governor and the Legislature

15  improvements to the department's organization in order to

16  streamline and optimize the efficiency of the department. In

17  reviewing the department's organization, the commission shall

18  determine if the current district organizational structure is

19  responsive to Florida's changing economic and demographic

20  development patterns. The initial report by the commission

21  must be delivered to the Governor and Legislature by December

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

23  commission may retain such experts as are reasonably necessary

24  to effectuate this subparagraph, and the department shall pay

25  the expenses of such experts.

26         (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 seven eight districts, including a turnpike

25  district, each headed by a district secretary, and a turnpike

26  enterprise, headed by an executive director. The district

27  secretaries shall report to the Assistant Secretary for

28  District Operations. The headquarters of the districts shall

29  be located in Polk, Columbia, Washington, Broward, Volusia,

30  Dade, and Hillsborough, and Leon Counties. The headquarters of

31  the turnpike enterprise shall be located in Orange County. The

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  1  turnpike district must be relocated to Orange County in the

  2  year 2000. In order to provide for efficient operations and to

  3  expedite the decisionmaking process, the department shall

  4  provide for maximum decentralization to the districts.

  5  However, before making a decision to centralize or

  6  decentralize department operations or relocate the turnpike

  7  district, the department must first determine if the decision

  8  would be cost-effective and in the public's best interest. The

  9  department shall periodically evaluate such decisions to

10  ensure that they are appropriate.

11         (b)  The primary responsibility for the implementation

12  of the department's transportation programs shall be delegated

13  by the secretary to the district secretaries, and sufficient

14  authority shall be vested in each district to ensure adequate

15  control of the resources commensurate with the delegated

16  responsibility.  Each district secretary shall also be

17  accountable for ensuring their district's quality of

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

19  procedures related to the operation of the department.

20         (c)  Each district secretary may appoint a district

21  director for planning and programming, a district director for

22  production, and a district director for operations. These

23  positions are exempt from part II of chapter 110.

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

25  for managing major functional responsibilities of the

26  department. The offices may include planning, design,

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

28  transportation.  The heads of these offices shall be exempt

29  from part II of chapter 110.

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

31  Office of the Department of Transportation is responsible for

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  1  developing the 5-year Transportation Plan for Charlotte,

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

  3  Myers Urban Office also is responsible for providing policy,

  4  direction, local government coordination, and planning for

  5  those counties.

  6         (f)1.  The responsibility for the turnpike system shall

  7  be delegated by the secretary to the executive director of the

  8  turnpike enterprise, who shall serve at the pleasure of the

  9  secretary. The executive director shall report directly to the

10  secretary, and the turnpike enterprise shall operate pursuant

11  to ss. 338.22-338.241.

12         2.  To facilitate the most efficient and effective

13  management of the turnpike enterprise, including the use of

14  best business practices employed by the private sector, the

15  secretary shall have the authority to exempt the turnpike

16  enterprise from departmental policies, procedures, and

17  standards.

18         3.  To maximize the turnpike enterprise's ability to

19  use best business practices employed by the private sector,

20  the secretary shall have the authority to promulgate rules

21  which exempt the turnpike enterprise from department rules and

22  authorize the turnpike enterprise to employ procurement

23  methods available to the private sector.

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

25  Department of Management Services is authorized to exempt

26  positions within the Department of Transportation which are

27  comparable to positions within the Senior Management Service

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

29  to positions in the Selected Exempt Service under s.

30  110.205(2)(l).

31

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  1         (6)  To facilitate the efficient and effective

  2  management of the department in a businesslike manner, the

  3  department shall develop a system for the submission of

  4  monthly management reports to the Florida Transportation

  5  Commission and secretary from the district secretaries.  The

  6  commission and the secretary shall determine which reports are

  7  required to fulfill their respective responsibilities under

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

  9  monthly to the appropriations and transportation committees of

10  the Senate and the House of Representatives. Recommendations

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

12  department that relate to management practices, systems, or

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

14  the department determines that one or more of the

15  recommendations should be altered or should not be

16  implemented, it shall provide a written explanation of such

17  determination to the Legislative Auditing Committee within 6

18  months after the date the recommendations were published.

19         (6)(7)  The department is authorized to contract with

20  local governmental entities and with the private sector if the

21  department first determines that:

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

23  state employees;

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

25  sufficient positions have not been approved by the Legislature

26  as requested in the department's most recent legislative

27  budget request;

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

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

30  maintain, the expertise after the work is done;

31

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

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

  3  the workload decreases; or

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

  5  public's best interest.

  6

  7  Such contracts shall require compliance with applicable

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

  9  service to be provided.

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

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

12         110.205  Career service; exemptions.--

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

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

15  no position, except for positions established for a limited

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

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

18         (i)  The appointed secretaries, assistant secretaries,

19  deputy secretaries, and deputy assistant secretaries of all

20  departments; the executive directors, assistant executive

21  directors, deputy executive directors, and deputy assistant

22  executive directors of all departments; and the directors of

23  all divisions and those positions determined by the department

24  to have managerial responsibilities comparable to such

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

26  program directors, assistant program directors, district

27  administrators, deputy district administrators, the Director

28  of Central Operations Services of the Department of Children

29  and Family Services, and the State Transportation Planner,

30  State Highway Engineer, State Public Transportation

31  Administrator, district secretaries, district directors of

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  1  planning and programming, production, and operations, and the

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

  3  the Department of Transportation.  Unless otherwise fixed by

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

  5  positions in accordance with the rules of the Senior

  6  Management Service.

  7         (l)  All assistant division director, deputy division

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

  9  those positions determined by the department to have

10  managerial responsibilities comparable to such positions,

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

12  the Department of Health, the Department of Children and

13  Family Services, and the Department of Corrections that are

14  assigned primary duties of serving as the superintendent or

15  assistant superintendent, or warden or assistant warden, of an

16  institution; positions in the Department of Corrections that

17  are assigned primary duties of serving as the circuit

18  administrator or deputy circuit administrator; positions in

19  the Department of Transportation that are assigned primary

20  duties of serving as regional toll managers and managers of

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

22  positions in the Department of Environmental Protection that

23  are assigned the duty of an Environmental Administrator or

24  program administrator; those positions described in s. 20.171

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

26  the Department of Health that are assigned the duties of

27  Environmental Administrator, Assistant County Health

28  Department Director, and County Health Department Financial

29  Administrator. Unless otherwise fixed by law, the department

30  shall set the salary and benefits of these positions in

31

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  1  accordance with the rules established for the Selected Exempt

  2  Service.

  3         Section 3.  Section 189.441, Florida Statutes, is

  4  amended to read:

  5         189.441  Contracts.--Contracts for the construction of

  6  projects and for any other purpose of the authority may be

  7  awarded by the authority in a manner that will best promote

  8  free and open competition, including advertisement for

  9  competitive bids; however, if the authority determines that

10  the purposes of this act will be more effectively served

11  thereby, the authority may award or cause to be awarded

12  contracts for the construction of any project, including

13  design-build contracts, or any part thereof, or for any other

14  purpose of the authority upon a negotiated basis as determined

15  by the authority.  Each contractor doing business with the

16  authority and required to be licensed by the state or local

17  general-purpose governments must maintain the license during

18  the term of the contract with the authority.  The authority

19  may prescribe bid security requirements and other procedures

20  in connection with the award of contracts which protect the

21  public interest. Section 287.055 does not apply to the

22  selection of professional architectural, engineering,

23  landscape architectural, or land surveying services by the

24  authority or to the procurement of design-build contracts. The

25  authority may, and in the case of a new professional sports

26  franchise must, by written contract engage the services of the

27  operator, lessee, sublessee, or purchaser, or prospective

28  operator, lessee, sublessee, or purchaser, of any project in

29  the construction of the project and may, and in the case of a

30  new professional sports franchise must, provide in the

31  contract that the lessee, sublessee, purchaser, or prospective

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  1  lessee, sublessee, or purchaser, may act as an agent of, or an

  2  independent contractor for, the authority for the performance

  3  of the functions described therein, subject to the conditions

  4  and requirements prescribed in the contract, including

  5  functions such as the acquisition of the site and other real

  6  property for the project; the preparation of plans,

  7  specifications, financing, and contract documents; the award

  8  of construction and other contracts upon a competitive or

  9  negotiated basis; the construction of the project, or any part

10  thereof, directly by the lessee, purchaser, or prospective

11  lessee or purchaser; the inspection and supervision of

12  construction; the employment of engineers, architects,

13  builders, and other contractors; and the provision of money to

14  pay the cost thereof pending reimbursement by the authority.

15  Any such contract may, and in the case of a new professional

16  sports franchise must, allow the authority to make advances to

17  or reimburse the lessee, sublessee, or purchaser, or

18  prospective lessee, sublessee, or purchaser for its costs

19  incurred in the performance of those functions, and must set

20  forth the supporting documents required to be submitted to the

21  authority and the reviews, examinations, and audits that are

22  required in connection therewith to assure compliance with the

23  contract.

24         Section 4.  Subsection (2) of section 206.46, Florida

25  Statutes, is amended to read:

26         206.46  State Transportation Trust Fund.--

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

28  the revenues deposited into the State Transportation Trust

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

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

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

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  1  meet the requirements of the documents authorizing the bonds

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

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

  4  coverage requirements of outstanding bonds.  Notwithstanding

  5  the 7 percent annual transfer authorized in this subsection,

  6  the annual amount transferred under this subsection shall not

  7  exceed an amount necessary to provide the required debt

  8  service coverage levels for a maximum debt service not to

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

10  primarily from the motor and diesel fuel taxes transferred to

11  the State Transportation Trust Fund from the Fuel Tax

12  Collection Trust Fund.

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

14  255.20, Florida Statutes, is amended to read:

15         255.20  Local bids and contracts for public

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

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

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

19  state seeking to construct or improve a public building,

20  structure, or other public construction works must

21  competitively award to an appropriately licensed contractor

22  each project that is estimated in accordance with generally

23  accepted cost-accounting principles to have total construction

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

25  local government must competitively award to an appropriately

26  licensed contractor each project that is estimated in

27  accordance with generally accepted cost-accounting principles

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

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

30  on the submission of sealed bids, proposals submitted in

31  response to a request for proposal, proposals submitted in

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  1  response to a request for qualifications, or proposals

  2  submitted for competitive negotiation. This subsection

  3  expressly allows contracts for construction management

  4  services, design/build contracts, continuation contracts based

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

  6  private sector contractor permitted by any applicable

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

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

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

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

11  construction of the project. Subject to the provisions of

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

13  other political subdivision may establish, by municipal or

14  county ordinance or special district resolution, procedures

15  for conducting the bidding process.

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

17         1.  When the project is undertaken to replace,

18  reconstruct, or repair an existing facility damaged or

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

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

21  circumstances, and such damage or destruction creates:

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

23         b.  Other loss to public or private property which

24  requires emergency government action; or

25         c.  An interruption of an essential governmental

26  service.

27         2.  When, after notice by publication in accordance

28  with the applicable ordinance or resolution, the governmental

29  entity does not receive any responsive bids or responses.

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

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

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  1  the public utility system is performed by personnel of the

  2  system.

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

  4  by a utility commission whose major contracts are to construct

  5  and operate a public electric utility system.

  6         5.  When the project is undertaken as repair or

  7  maintenance of an existing public facility.

  8         6.  When the project is undertaken exclusively as part

  9  of a public educational program.

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

11  diminished or lost because the time required to competitively

12  award the project after the funds become available exceeds the

13  time within which the funding source must be spent.

14         8.  When the local government has competitively awarded

15  a project to a private sector contractor and the contractor

16  has abandoned the project before completion or the local

17  government has terminated the contract.

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

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

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

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

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

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

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

25  final action to apply this subparagraph. The notice must

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

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

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

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

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

31  interest for local government to perform a project using its

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

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

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

  4  increase in capital expenditures for public facilities,

  5  equipment or other capital assets, the impact on local

  6  economic development, the impact on small and minority

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

  8  whether the private sector contractors provide health

  9  insurance and other benefits equivalent to those provided by

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

11  in the public's best interest.

12         10.  When the governing board of the local government

13  determines upon consideration of specific substantive criteria

14  and administrative procedures that it is in the best interest

15  of the local government to award the project to an

16  appropriately licensed private sector contractor according to

17  procedures established by and expressly set forth in a

18  charter, ordinance, or resolution of the local government

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

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

21  must be applied uniformly by the local government to avoid

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

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

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

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

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

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

28  according to the criteria and procedures established by

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

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

31  meeting at which the governing board takes final action to

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  1  apply this subparagraph.  The notice must identify the

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

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

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

  5  the criteria and procedures permitted by the preexisting

  6  ordinance.

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

  8  method other than a competitive selection process, the

  9  governing board must find evidence that:

10         (I)  There is one appropriately licensed contractor who

11  is uniquely qualified to undertake the project because that

12  contractor is currently under contract to perform work that is

13  affiliated with the project; or

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

15  jeopardize the funding for the project, or will materially

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

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

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

19  method other than a competitive selection process, the

20  published notice must clearly specify the ordinance or

21  resolution by which the private sector contractor will be

22  selected and the criteria to be considered.

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

24  method other than a competitive selection process, the

25  architect or engineer of record has provided a written

26  recommendation that the project be awarded to the private

27  sector contractor without competitive selection; and the

28  consideration by, and the justification of, the government

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

30  presented to the governing board prior to the approval

31  required in this paragraph.

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  1         11.  To projects subject to chapter 336.

  2         Section 6.  Paragraph (g) of subsection (2) of section

  3  287.055, Florida Statutes, is amended to read:

  4         287.055  Acquisition of professional architectural,

  5  engineering, landscape architectural, or surveying and mapping

  6  services; definitions; procedures; contingent fees prohibited;

  7  penalties.--

  8         (2)  DEFINITIONS.--For purposes of this section:

  9         (g)  A "continuing contract" is a contract for

10  professional services entered into in accordance with all the

11  procedures of this act between an agency and a firm whereby

12  the firm provides professional services to the agency for

13  projects in which construction costs do not exceed $1 million

14  $500,000, for study activity when the fee for such

15  professional service does not exceed $50,000 $25,000, or for

16  work of a specified nature as outlined in the contract

17  required by the agency, with no time limitation except that

18  the contract must provide a termination clause.

19         Section 7.  Paragraphs (a) and (b) of subsection (3) of

20  section 311.07, Florida Statutes, are amended to read:

21         311.07  Florida seaport transportation and economic

22  development funding.--

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

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

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

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

27  public body and which complies with the water quality

28  provisions of s. 403.061, the comprehensive master plan

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

30  management and reporting provisions of part III of chapter

31  218, and the auditing provisions of s. 11.45(3)(a)5. Program

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  1  funds also may be used by the Seaport Transportation and

  2  Economic Development Council to develop with the Florida Trade

  3  Data Center such trade data information products which will

  4  assist Florida's seaports and international trade.

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

  6  program are limited to the following port facilities or port

  7  transportation projects:

  8         1.  Transportation facilities within the jurisdiction

  9  of the port.

10         2.  The dredging or deepening of channels, turning

11  basins, or harbors.

12         3.  The construction or rehabilitation of wharves,

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

14  terminals, automated people mover systems, or any facilities

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

16         4.  The acquisition of container cranes or other

17  mechanized equipment used in the movement of cargo or

18  passengers in international commerce.

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

20  purposes.

21         6.  The acquisition, improvement, enlargement, or

22  extension of existing port facilities.

23         7.  Environmental protection projects which are

24  necessary because of requirements imposed by a state agency as

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

26  are necessary for environmental mitigation required as a

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

28  which are necessary for the acquisition of spoil disposal

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

30  which result from the funding of eligible projects listed

31  herein.

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  1         8.  Transportation facilities as defined in s.

  2  334.03(31) which are not otherwise part of the Department of

  3  Transportation's adopted work program.

  4         9.  Seaport intermodal access projects identified in

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

  6  311.09(3).

  7         10.  Construction or rehabilitation of port facilities

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

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

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

11  create economic development opportunities, capital

12  improvements, and positive financial returns to such ports.

13         11.  Seaport security projects identified pursuant to

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

15  matching fund requirements of paragraph (a).

16         Section 8.  Subsection (12) of section 311.09, Florida

17  Statutes, is amended to read:

18         311.09  Florida Seaport Transportation and Economic

19  Development Council.--

20         (12)  Members of the council shall serve without

21  compensation but are entitled to receive reimbursement for per

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

23  council may elect to provide an administrative staff to

24  provide services to the council on matters relating to the

25  Florida Seaport Transportation and Economic Development

26  Program and the council.  The cost for such administrative

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

28  the Florida Seaport Transportation and Economic Development

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

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

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

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  1  costs for administrative services shall be paid in its total

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

  3  the Department of Transportation of a joint participation

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

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

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

  7  moneys derived from the Florida Seaport Transportation and

  8  Economic Development Program shall be expended in accordance

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

10  competitive negotiation requirements of a local governing body

11  shall abide by the provisions of s. 287.055 be exempt from

12  this requirement.

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

14  316.302, Florida Statutes, is amended to read:

15         316.302  Commercial motor vehicles; safety regulations;

16  transporters and shippers of hazardous materials;

17  enforcement.--

18         (1)

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

20  owners or drivers of commercial motor vehicles that are

21  engaged in intrastate commerce are subject to the rules and

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

23  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

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

26         Section 10.  Paragraph (a) of subsection (3) of section

27  316.3025, Florida Statutes, is amended to read:

28         316.3025  Penalties.--

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

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

31

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  1         Section 11.  Subsection (2) of section 316.515, Florida

  2  Statutes, is amended to read:

  3         316.515  Maximum width, height, length.--

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

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

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

  7  Department of Transportation, measure a height not to exceed

  8  14 feet, inclusive of the load carried thereon.

  9         Section 12.  Subsection (6) of section 316.535, Florida

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

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

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

13         316.535  Maximum weights.--

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

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

16  gasoline trucks designed and constructed for special type work

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

18  all safety and operational requirements of law, except that

19  any such vehicle need not conform to the axle spacing

20  requirements of this section provided that such vehicle shall

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

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

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

24  scale tolerances. No vehicle operating pursuant to this

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

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

27  vehicle violating the weight provisions of this section shall

28  be penalized as provided in s. 316.545.

29         (7)(6)  The Department of Transportation shall adopt

30  rules to implement this section, shall enforce this section

31  and the rules adopted hereunder, and shall publish and

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  1  distribute tables and other publications as deemed necessary

  2  to inform the public.

  3         (8)(7)  Except as hereinafter provided, no vehicle or

  4  combination of vehicles exceeding the gross weights specified

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

  6  to travel on the public highways within the state.

  7         Section 13.  Paragraph (a) of subsection (2) of section

  8  316.545, Florida Statutes, is amended to read:

  9         316.545  Weight and load unlawful; special fuel and

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

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

12  combination of vehicles with load, determines that the axle

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

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

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

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

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

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

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

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

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

22  facilitate compliance with and enforcement of the weight

23  limits established in s. 316.535, weight tables published

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

25  tolerance and shall thereby reflect the maximum scaled weights

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

27  this section, scale tolerance means the allowable deviation

28  from legal weights established in s. 316.535.  Notwithstanding

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

30  combination of vehicles does not exceed the gross, external

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

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

  2  comply with the requirements of this chapter by shifting or

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

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

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

  6         Section 14.  Subsection (3) of section 316.650, Florida

  7  Statutes, is amended to read:

  8         316.650  Traffic citations.--

  9         (3)  Every traffic enforcement officer, upon issuing a

10  traffic citation to an alleged violator of any provision of

11  the motor vehicle laws of this state or of any traffic

12  ordinance of any city or town, shall issue a copy of the

13  Traffic School Reference Guide and shall deposit the original

14  citation and one copy of such traffic citation or, in the case

15  of a traffic enforcement agency which has an automated

16  citation issuance system, shall provide an electronic

17  facsimile with a court having jurisdiction over the alleged

18  offense or with its traffic violations bureau within 5 days

19  after issuance to the violator.

20         Section 15.  Subsection (9) of section 318.14, Florida

21  Statutes, is amended to read:

22         318.14  Noncriminal traffic infractions; exception;

23  procedures.--

24         (9)  Any person who is cited for an infraction under

25  this section other than a violation of s. 320.0605, s.

26  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or

27  s. 322.62 may, in lieu of a court appearance, elect to attend

28  in the location of his or her choice within this state a basic

29  driver improvement course approved by the Department of

30  Highway Safety and Motor Vehicles. In such a case,

31  adjudication must be withheld; points, as provided by s.

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  1  322.27, may not be assessed; and the civil penalty that is

  2  imposed by s. 318.18(3) must be reduced by 18 percent;

  3  however, a person may not make an election under this

  4  subsection if the person has made an election under this

  5  subsection in the preceding 12 months. A person may make no

  6  more than five elections under this subsection. The

  7  requirement for community service under s. 318.18(8) is not

  8  waived by a plea of nolo contendere or by the withholding of

  9  adjudication of guilt by a court.

10         Section 16.  Subsection (4) of section 318.1451,

11  Florida Statutes, is amended to read:

12         318.1451  Driver improvement schools.--

13         (4)  In addition to a regular course fee, an assessment

14  fee in the amount of $2.50 shall be collected by the school

15  from each person who is court-ordered to attend a course or

16  elects to attend a course, as it relates to ss. 318.14(9),

17  322.0261, 322.02615, 322.05(2), 322.291, and 627.06501, which

18  shall be remitted to the Department of Highway Safety and

19  Motor Vehicles and deposited in the Highway Safety Operating

20  Trust Fund to administer this program and to fund the general

21  operations of the department.

22         Section 17.  Paragraph (b) of subsection (1) and

23  subsection (2) of section 322.0261, Florida Statutes, are

24  amended to read:

25         322.0261  Mandatory driver improvement course; certain

26  crashes.--

27         (1)  The department shall screen crash reports received

28  under s. 316.066 or s. 324.051 to identify crashes involving

29  the following:

30

31

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  1         (b)  A second crash by the same operator within the

  2  previous 2-year period involving property damage in an

  3  apparent amount of at least $2,500 $500.

  4         (2)  With respect to an operator convicted of, or who

  5  pleaded nolo contendere to, a traffic offense giving rise to a

  6  crash identified pursuant to subsection (1), the department

  7  shall require that the operator, in addition to other

  8  applicable penalties, attend a departmentally approved basic

  9  driver improvement course in order to maintain driving

10  privileges. If the operator fails to complete the course

11  within 90 days of receiving notice from the department, the

12  operator's driver's license shall be canceled by the

13  department until the course is successfully completed.

14         Section 18.  Section 322.02615, Florida Statutes, is

15  created to read:

16         322.02615  Mandatory driver improvement course; certain

17  violations.--

18         (1)  The department shall screen reports of convictions

19  for violations of chapter 316 to identify operators who:

20         (a)  Are less than 21 years of age and have been

21  convicted of, or pleaded nolo contendere to, a noncriminal

22  moving infraction and have also been convicted of, or pleaded

23  nolo contendere to, another noncriminal moving infraction

24  since initial license issuance.

25         (b)  Have been convicted of, or pleaded nolo contendere

26  to, more than one noncriminal moving infraction in a 12-month

27  period.

28         (2)  With respect to an operator convicted of, or who

29  has pleaded nolo contendere to, a noncriminal traffic offense

30  identified under subsection (1), the department shall require

31  that the operator, in addition to other applicable penalties,

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  1  attend a departmentally approved basic driver improvement

  2  course in order to maintain driving privileges. If the

  3  operator fails to complete the course within 90 days after

  4  receiving notice from the department, the operator's driver's

  5  license shall be suspended by the department until the course

  6  is successfully completed.

  7         (3)  Attendance of a course approved by the department

  8  as a driver improvement course for purposes of s. 318.14(9)

  9  shall satisfy the requirements of this section. However,

10  attendance of a course as required by this section is not

11  included in the limitation on course elections under s.

12  318.14(9).

13         Section 19.  Subsection (2) of section 322.05, Florida

14  Statutes, is amended to read:

15         322.05  Persons not to be licensed.--The department may

16  not issue a license:

17         (2)  To a person who is at least 16 years of age but is

18  under 18 years of age unless the person has satisfactorily

19  completed a Department of Education driver's education course

20  offered pursuant to s. 233.063 or a driver's education course

21  licensed pursuant to s. 488.01 or a basic driver improvement

22  course which has been approved by the Department of Highway

23  Safety and Motor Vehicles and meets the requirements of s.

24  322.091 and holds a valid:

25         (a)  Learner's driver's license for at least 12 months,

26  with no traffic convictions, before applying for a license;

27         (b)  Learner's driver's license for at least 12 months

28  and who has a traffic conviction but elects to attend a

29  traffic driving school for which adjudication must be withheld

30  pursuant to s. 318.14; or

31

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  1         (c)  License that was issued in another state or in a

  2  foreign jurisdiction and that would not be subject to

  3  suspension or revocation under the laws of this state.

  4         Section 20.  Section 330.27, Florida Statutes, is

  5  amended to read:

  6         330.27  Definitions, when used in ss. 330.29-330.36,

  7  330.38, 330.39.--

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

  9  device capable of atmosphere flight any motor vehicle or

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

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

12  parachute or other such device contrivance designed for such

13  navigation but used primarily as safety equipment.

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

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

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

17  takeoff of aircraft, including and any appurtenant areas,

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

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

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

21  buildings and facilities located thereon.

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

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

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

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

26  or taking off.

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

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

29  the operation, construction, repair, or maintenance of

30  aircraft, aircraft power plants, and accessories, including

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

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  1  design, establishment, construction, extension, operation,

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

  3  navigation facilities; and instruction in flying or ground

  4  subjects pertaining thereto.

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

  6  Transportation.

  7         (4)(6)  "Limited airport" means any an airport,

  8  publicly or privately owned, limited exclusively to the

  9  specific conditions stated on the site approval order or

10  license.

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

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

13  airspace over this state or upon any airport within this

14  state.

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

16  municipality, district, port or aviation commission or

17  authority, or similar entity authorized to establish or

18  operate an airport in this state.

19         (5)(9)  "Private airport" means an airport, publicly or

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

21  public. A private airport is registered with the department

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

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

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

25  Services may be provided if authorized by the department.

26         (6)(10)  "Public airport" means an airport, publicly or

27  privately owned, which meets minimum safety and service

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

29  current United States Government Flight Information

30  Publication, Airport Facility Directory. A public airport is

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  1  licensed by the department as meeting minimum safety

  2  standards.

  3         (7)(11)  "Temporary airport" means any an airport,

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

  5  less than 30 90 days with no more than 10 operations per day.

  6         (8)(12)  "Ultralight aircraft" means any

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

  8  criteria for maximum weight, fuel capacity, and airspeed

  9  established for such aircraft by the Federal Aviation

10  Regulation Administration under Part 103 of the Federal

11  Aviation Regulations.

12         Section 21.  Section 330.29, Florida Statutes, is

13  amended to read:

14         330.29  Administration and enforcement; rules;

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

16  the department to:

17         (1)  Administer and enforce the provisions of this

18  chapter.

19         (2)  Establish minimum standards for airport sites and

20  airports under its licensing and registration jurisdiction.

21         (3)  Establish and maintain a state aviation data

22  system to facilitate licensing and registration of all

23  airports.

24         (4)(3)  Adopt rules pursuant to ss. 120.536(1) and

25  120.54 to implement the provisions of this chapter.

26         Section 22.  Section 330.30, Florida Statutes, is

27  amended to read:

28         330.30  Approval of airport sites and licensing of

29  airports; fees.--

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

31  PERIOD, REVOCATION.--

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

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

  3  acquisition of the site or prior to the construction or

  4  establishment of the proposed airport, obtain approval of the

  5  airport site from the department.  Applications for approval

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

  7  a form prescribed by the department and shall be accompanied

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

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

10  if it is satisfied:

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

12  as proposed airport;

13         2.  That the airport as proposed airport, if

14  constructed or established, will conform to minimum standards

15  of safety and will comply with the applicable local government

16  land development regulation or county or municipal zoning

17  requirements;

18         3.  That all nearby airports, local governments

19  municipalities, and property owners have been notified and any

20  comments submitted by them have been given adequate

21  consideration; and

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

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

24  airports and approved airport sites in its vicinity.

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

26  only after a favorable department inspection of the proposed

27  site.

28         (c)  Site approval shall be granted for private

29  airports only after receipt of documentation the department

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

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

  2  reasonable conditions which the department deems may deem

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

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

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

  6  approval order, unless sooner revoked by the department or

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

  8  airport license is issued or private airport registration

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

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

11  date.

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

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

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

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

16  if it determines:

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

18  been abandoned as an airport site;

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

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

21  within a reasonable time period or development does not to

22  comply with the conditions of the site approval;

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

24  the operation of aircraft have operated of a nonemergency

25  nature has occurred on the site; or

26         4.  That, because of changed physical or legal

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

28  the aviation purposes due to physical or legal changes in

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

30  granted.

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

  2  RENEWAL, REVOCATION.--

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

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

  5  public airport obtain a license or private airport

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

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

  8  registration shall be made on a form prescribed by the

  9  department and shall be accomplished jointly with an

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

11  making a favorable final airport inspection report indicating

12  compliance with all license requirements, and receiving the

13  appropriate license fee, the department shall issue a license

14  to the applicant, subject to any reasonable conditions that

15  the department may deem necessary to protect the public

16  health, safety, or welfare.

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

18  license after a final airport inspection finds the facility to

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

20  license may be subject to any reasonable conditions that the

21  department may deem necessary to protect the public health,

22  safety, or welfare.

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

24  controlled electronic access to the state aviation facility

25  data system to permit the applicant to complete the

26  registration process. Registration shall be completed upon

27  self-certification by the registrant of operational and

28  configuration data deemed necessary by the department.

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

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

31  only if it determines that such exception is justified by

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  1  unusual circumstances or is in the interest of public

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

  3  or welfare. Such a license shall bear the designation

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

  5  license is granted.

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

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

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

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

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

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

12  90 days after issuance and is not renewable.

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

14  airport licenses are:

15         1.  Public airport: $100.

16         2.  Private airport: $70.

17         3.  Limited airport: $50.

18         4.  Temporary airport: $25.

19

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

21  municipality and emergency helistops operated by licensed

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

23  payment of site approval fees and annual license fees.

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

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

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

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

28  airport inspections, recognize seasonal airport operations, or

29  improve administrative efficiency. If the expiration date for

30  a public airport is adjusted, the appropriate license fee

31

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

  2  length of the adjusted license period.

  3         2.  Registration The license period for private all

  4  airports other than public airports will remain valid provided

  5  specific elements of airport data, established by the

  6  department, are periodically recertified by the airport

  7  registrant. The ability to recertify private airport

  8  registration data shall be available at all times by

  9  electronic submittal. Recertification shall be required each

10  12 months. A private airport registration that has not been

11  recertified in the 12-month period following the last

12  certification shall expire. The expiration date of the current

13  registration period will be clearly identifiable from the

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

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

16  license period for such airports, the department shall

17  consider the number of based aircraft, the airport location

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

19  other factors deemed by the department to be critical to

20  airport operation and safety.

21         3.  The effective date and expiration date shall be

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

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

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

25  making a favorable inspection report indicating compliance

26  with all applicable requirements and conditions, and receiving

27  the appropriate annual license fee, the department shall renew

28  the license, subject to any conditions deemed necessary to

29  protect the public health, safety, or welfare.

30

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

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

  3  has expired not been renewed by the expiration date.

  4         5.  If the renewal application for a public airport

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

  6  or no private airport registration recertification has been

  7  accomplished within 15 days after the date of expiration of

  8  the license, the department may close the airport.

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

10  registration, license, or license renewal thereof, or refuse

11  to allow registration or issue a registration or license

12  renewal, if it determines:

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

14  abandonment of the airport as such;

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

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

17  site conditions of the license or renewal thereof; or

18         3.  That, because of changed physical or legal

19  conditions or circumstances, the airport has become either

20  unsafe or unusable for flight operation due to physical or

21  legal changes in conditions that were the subject of approval

22  the aeronautical purposes for which the license or renewal was

23  issued.

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

25  apply to:

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

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

28  any public ultralight airport located more than within 5

29  nautical miles from a of another public airport or military

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

31

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  1  10 ultralight aircraft operating from the site is subject to

  2  the provisions of this section.

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

  4  construction project undertaken pursuant to the performance of

  5  a state contract if the purpose of the helicopter operations

  6  at the site is to expedite construction.

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

  8  county or municipal aviation authority or a county or

  9  municipal port authority or the Spaceport Florida Authority;

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

11  authority does not elect to exercise its exemption under this

12  subsection.

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

14  emergency services, not to include areas where permanent

15  facilities are installed, such as hospital landing sites.

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

17  330.27(11) used exclusively for aerial application or spraying

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

19  airport where permanent crop aerial application or spraying

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

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

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

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

24  patterns with such existing airports or approved airport

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

26  agreement between the parties representing the airports or

27  sites.

28         (4)  EXCEPTIONS.--Private airports with ten or more

29  based aircraft may request to be inspected and licensed by the

30  department. Private airports licensed according to this

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  1  subsection shall be considered private airports as defined in

  2  s. 330.27(5) in all other respects.

  3         Section 23.  Subsection (2) of section 330.35, Florida

  4  Statutes, is amended to read:

  5         330.35  Airport zoning, approach zone protection.--

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

  7  provisions of s. 330.30 are eligible for airport zoning

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

  9  as is prescribed in chapter 333.

10         Section 24.  Subsection (2) of section 330.36, Florida

11  Statutes, is amended to read:

12         330.36  Prohibition against county or municipal

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

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

15  for specified public health and safety purposes, the landing

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

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

18  on, the municipality upon adoption of zoning requirements in

19  compliance with the provisions of subsection (1).

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

21  Statutes, is amended to read:

22         332.004  Definitions of terms used in ss.

23  332.003-332.007.--As used in ss. 332.003-332.007, the term:

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

25  "development project" means any activity associated with the

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

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

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

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

30  state, or local permit or agreement for environmental

31  mitigation; off-airport noise mitigation projects; the

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

  2  airport hazards; the installation of navigation aids used by

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

  4  the installation of safety equipment required by rule or

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

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

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

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

  9  to the maximum extent feasible, with the approved local

10  government comprehensive plan of the units of local government

11  in which the airport is located.

12         Section 26.  Subsection (4) is added to section 333.06,

13  Florida Statutes, to read:

14         333.06  Airport zoning requirements.--

15         (4)  ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO

16  AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be

17  prepared by each publicly owned and operated airport licensed

18  by the Department of Transportation under chapter 330. The

19  authorized entity having responsibility for governing the

20  operation of the airport, when either requesting from or

21  submitting to a state or federal governmental agency with

22  funding or approval jurisdiction a "finding of no significant

23  impact," an environmental assessment, a site-selection study,

24  an airport master plan, or any amendment to an airport master

25  plan, shall submit simultaneously a copy of said request,

26  submittal, assessment, study, plan, or amendments by certified

27  mail to all affected local governments. For the purposes of

28  this subsection, "affected local government" is defined as any

29  city or county having jurisdiction over the airport and any

30  city or county located within 2 miles of the boundaries of the

31  land subject to the airport master plan.

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  1         Section 27.  Subsection (5) and paragraph (b) of

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

  3  amended to read:

  4         334.044  Department; powers and duties.--The department

  5  shall have the following general powers and duties:

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

  7  and materials, including the purchase of promotional items as

  8  part of public information and education campaigns for the

  9  promotion of scenic highways, traffic and train safety

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

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

12  otherwise acquire equipment and supplies; and to sell,

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

14  longer needed by the department.

15         (15)  To regulate and prescribe conditions for the

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

17  of manmade changes to adjacent properties.

18         (b)  The department is specifically authorized to adopt

19  rules which set forth the purpose; necessary definitions;

20  permit exceptions; permit and assurance requirements; permit

21  application procedures; permit forms; general conditions for a

22  drainage permit; provisions for suspension or revocation of a

23  permit; and provisions for department recovery of fines,

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

25  order to avoid duplication and overlap with other units of

26  government, the department shall accept a surface water

27  management permit issued by a water management district, the

28  Department of Environmental Protection, a surface water

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

30  permit issued pursuant to an approved Stormwater Management

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

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  1  requirements equal to or more stringent than those of the

  2  department. The department may enter into a permit delegation

  3  agreement with a governmental entity provided issuance is

  4  based on requirements that the department determines will

  5  ensure the safety and integrity of the Department of

  6  Transportation facilities.

  7         Section 28.  Section 334.193, Florida Statutes, is

  8  amended to read:

  9         334.193  Unlawful for certain persons to be financially

10  interested in purchases, sales, and certain contracts;

11  penalties.--

12         (1)  It is unlawful for a state officer, or an employee

13  or agent of the department, or for any company, corporation,

14  or firm in which a state officer, or an employee or agent of

15  the department has a financial interest, to bid on, enter

16  into, or be personally interested in:

17         (a)  The purchase or the furnishing of any materials or

18  supplies to be used in the work of the state.

19         (b)  A contract for the construction of any state road,

20  the sale of any property, or the performance of any other work

21  for which the department is responsible.

22         (2)  Notwithstanding the provisions of subsection (1):

23         (a) The department is authorized to consider

24  competitive bids or proposals by employees or employee work

25  groups who have a financial interest in matters referenced in

26  subsection (1), where the subject matter of a request for bids

27  or proposals by the department includes functions performed by

28  the employees or employee work groups of the department prior

29  to the request for bids or proposals. However, if the

30  employees, employee work groups, or entity in which an

31  employee of the department has an interest is the successful

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  1  bidder or proposer, such employee or employees must resign

  2  from department employment prior to executing an agreement to

  3  perform the matter bid upon.

  4         (b) The department is authorized to consider

  5  competitive bids or proposals of employees or employee work

  6  groups submitted on behalf of the department to perform the

  7  subject matter of requests for bids or proposals. The

  8  department is authorized to select such bid or proposal for

  9  performance of the work by the department.

10

11  The department is authorized to update existing rules or

12  promulgate new rules pertaining to employee usage of

13  department equipment, facilities, and supplies during business

14  hours for nondepartment activities in order to implement this

15  subsection.

16         (3)  Any person who is convicted of a violation of this

17  section is guilty of a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083, and shall

19  be removed from his or her office or employment.

20         Section 29.  Section 334.30, Florida Statutes, is

21  amended to read:

22         334.30  Public-private Private transportation

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

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

25  efficient transportation facilities for the purpose of travel

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

27  provide for public-private partnership agreements to

28  effectuate the construction of additional safe, convenient,

29  and economical transportation facilities.

30         (1)  The department may receive or solicit proposals

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

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  1  facility, enter into agreements with private entities, or

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

  3  financing of transportation facilities.  The department is

  4  authorized to adopt rules to implement this section and shall

  5  by rule establish an application fee for the submission of

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

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

  8  engage the services of private consultants to assist in the

  9  evaluation. Before seeking legislative approval, the

10  department must determine that the proposed project:

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

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

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

14  may use state resources for a transportation facility project

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

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

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

18  that no additional costs or service disruptions would be

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

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

21  department.

22

23  The department shall ensure that all reasonable costs to the

24  state and substantially affected local governments and

25  utilities, related to the private transportation facility, are

26  borne by the private entity.

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

28  Trust Fund is limited to advancing projects already programmed

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

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

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

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  1         (3)  The department may request proposals for

  2  public-private transportation proposals or, if the department

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

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

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

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

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

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

  9  Notwithstanding any other provision of law, entities selected

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

11  complied with open competition provisions of law.

12         (4)  A separate bill for projects requiring legislative

13  approval shall be required for each facility requesting funds

14  from the State Transportation Trust Fund in excess of a

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

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

17         (5)(2)  Agreements entered into pursuant to this

18  section may authorize the private entity to impose tolls or

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

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

21  department to avoid unreasonable costs to users of the

22  facility.

23         (6)(3)  Each private transportation facility

24  constructed pursuant to this section shall comply with all

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

26  regional, and local comprehensive plans; department rules,

27  policies, procedures, and standards for transportation

28  facilities; and any other conditions which the department

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

30         (7)(4)  The department may exercise any power possessed

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

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  1  development and construction of state transportation projects

  2  to facilitate the development and construction of

  3  transportation projects pursuant to this section. For

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

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

  6  and maintaining the facility. For facilities not located on

  7  the State Highway System, the department may provide services

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

  9  enforcement, and other services entered into pursuant to this

10  section shall provide for full reimbursement for services

11  rendered.

12         (8)(5)  Except as herein provided, the provisions of

13  this section are not intended to amend existing laws by

14  granting additional powers to, or further restricting, local

15  governmental entities from regulating and entering into

16  cooperative arrangements with the private sector for the

17  planning, construction, and operation of transportation

18  facilities.

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

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

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

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

23  possible financing risks for projects under this section.

24  Chapter 63-20 corporations may receive State Transportation

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

26  empowered to enter into public-private partnership agreements

27  with chapter 63-20 corporations for projects under this

28  section.

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

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

31  chapter 63-20 corporations that propose projects containing

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

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

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

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

  5  repaid as required by law.

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

  7  transportation system authorized by the department to be

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

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

10  any safe speed.

11         Section 30.  Section 335.066, Florida Statutes, is

12  created to read:

13         335.066  Safe Paths to Schools Program.--

14         (1)  There is hereby established within the Department

15  of Transportation the Safe Paths to Schools Program to

16  consider the planning and construction of bicycle and

17  pedestrian ways to provide safe transportation for children

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

19  greenways and trails system.

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

21  department may establish a grant program to fund local,

22  regional, and state bicycle and pedestrian projects that

23  support the program.

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

25  administration of the Safe Paths to Schools Program.

26         Section 31.  Subsections (3), (4), and (5) of section

27  335.141, Florida Statutes, are amended to read:

28         335.141  Regulation of public railroad-highway grade

29  crossings; reduction of hazards.--

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

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

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

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

  3  provisions of chapter 120.  The department shall have the

  4  authority to adopt reasonable rules to carry out the

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

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

  7  order.

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

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

10  shall be imposed upon the railroad company guilty of such

11  violation. Nothing herein shall prevent a local governmental

12  entity from enacting ordinances relating to the blocking of

13  streets by railroad engines and cars.

14         (4)(5)  Any local governmental entity or other public

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

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

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

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

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

20  agency and railroad to assure the safety of the railroad

21  trains and the participants in the event.

22         Section 32.  Section 336.12, Florida Statutes, is

23  amended to read:

24         336.12  Closing and abandonment of roads; termination

25  of easement; conveyance of fee; optional conveyance for gated

26  communities.--

27         (1)  Except as otherwise provided in subsection (2),

28  the act of any commissioners in closing or abandoning any such

29  road, or in renouncing or disclaiming any rights in any land

30  delineated on any recorded map as a road, shall abrogate the

31  easement theretofore owned, held, claimed or used by or on

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  1  behalf of the public and the title of fee owners shall be

  2  freed and released therefrom; and if the fee of road space has

  3  been vested in the county, same will be thereby surrendered

  4  and will vest in the abutting fee owners to the extent and in

  5  the same manner as in case of termination of an easement for

  6  road purposes.

  7         (2)  The governing body of the county may abandon the

  8  roads and rights-of-way dedicated in a recorded residential

  9  subdivision plat and simultaneously convey the county's

10  interest in such roads, rights-of-way, and appurtenant

11  drainage facilities to a homeowners' association for the

12  subdivision, if the following conditions have been met:

13         (a)  The homeowners' association has requested the

14  abandonment and conveyance in writing for the purpose of

15  converting the subdivision to a gated neighborhood with

16  restricted public access.

17         (b)  No fewer than four-fifths of the owners of record

18  of property located in the subdivision have consented in

19  writing to the abandonment and simultaneous conveyance to the

20  homeowners' association.

21         (c)  The homeowners' association is both a corporation

22  not for profit organized and in good standing under chapter

23  617, and a "homeowners' association" as defined in s.

24  720.301(7) with the power to levy and collect assessments for

25  routine and periodic major maintenance and operation of street

26  lighting, drainage, sidewalks, and pavement in the

27  subdivision.

28         (d)  The homeowners' association has entered into and

29  executed such agreements, covenants, warranties, and other

30  instruments; has provided, or has provided assurance of, such

31  funds, reserve funds, and funding sources; and has satisfied

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  1  such other requirements and conditions as may be established

  2  or imposed by the county with respect to the ongoing

  3  operation, maintenance, and repair and the periodic

  4  reconstruction or replacement of the roads, drainage, street

  5  lighting, and sidewalks in the subdivision after the

  6  abandonment by the county.

  7

  8  Upon abandonment of the roads and rights-of-way and the

  9  conveyance thereof to the homeowners' association, the

10  homeowners' association shall have all the rights, title, and

11  interests in the roads and rights-of-way, including all

12  appurtenant drainage facilities, as were previously vested in

13  the county.  Thereafter, the homeowners' association shall

14  hold the roads and rights-of-way in trust for the benefit of

15  the owners of the property in the subdivision, and shall

16  operate, maintain, repair, and, from time to time, replace and

17  reconstruct the roads, street lighting, sidewalks, and

18  drainage facilities as necessary to ensure their use and

19  enjoyment by the property owners, tenants, and residents of

20  the subdivision and their guests and invitees.

21         Section 33.  Subsection (4) is added to section 336.41,

22  Florida Statutes, to read:

23         336.41  Counties; employing labor and providing road

24  equipment; definitions.--

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

26  may require that persons interested in performing work under

27  the contract first be certified or qualified to do the work.

28  Any contractor prequalified and considered eligible to bid by

29  the department to perform the type of work described under the

30  contract shall be presumed to be qualified to perform the work

31  so described. Any contractor may be considered ineligible to

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  1  bid by the county if the contractor is behind an approved

  2  progress schedule by 10 percent or more on another project for

  3  that county at the time of the advertisement of the work. The

  4  county may provide an appeal process to overcome such

  5  consideration with de novo review based on the record below to

  6  the circuit court.

  7         (b)  The county shall publish prequalification criteria

  8  and procedures prior to advertisement or notice of

  9  solicitation. Such publications shall include notice of a

10  public hearing for comment on such criteria and procedures

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

12  process within the county for objections to the

13  prequalification process with de novo review based on the

14  record below to the circuit court.

15         (c)  The county shall also publish for comment, prior

16  to adoption, the selection criteria and procedures to be used

17  by the county if such procedures would allow selection of

18  other than the lowest responsible bidder. The selection

19  criteria shall include an appeal process within the county

20  with de novo review based on the record below to the circuit

21  court.

22         Section 34.  Subsection (2) of section 336.44, Florida

23  Statutes, is amended to read:

24         336.44  Counties; contracts for construction of roads;

25  procedure; contractor's bond.--

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

27  responsible competent bidder, after publication of notice for

28  bids containing specifications furnished by the commissioners

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

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

31  the making of such contract.

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  1         Section 35.  Section 337.107, Florida Statutes, is

  2  amended to read:

  3         337.107  Contracts for right-of-way services.--The

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

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

  6  corridors and transportation facilities or the department may

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

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

  9  services include negotiation and acquisition services,

10  appraisal services, demolition and removal of improvements,

11  and asbestos-abatement services.

12         Section 36.  Paragraph (c) of subsection (6) and

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

14  Statutes, are amended to read:

15         337.11  Contracting authority of department; bids;

16  emergency repairs, supplemental agreements, and change orders;

17  combined design and construction contracts; progress payments;

18  records; requirements of vehicle registration.--

19         (6)

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

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

22  economy, improved operations or safety, and only when

23  circumstances dictate rapid completion of the work, the

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

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

26  for construction and maintenance without advertising and

27  receiving competitive bids. However, if legislation is enacted

28  by the Legislature which changes the category thresholds, the

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

30  enter into such contracts only upon a determination that the

31  work is necessary for one of the following reasons:

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  1         1.  To ensure timely completion of projects or

  2  avoidance of undue delay for other projects;

  3         2.  To accomplish minor repairs or construction and

  4  maintenance activities for which time is of the essence and

  5  for which significant cost savings would occur; or

  6         3.  To accomplish nonemergency work necessary to ensure

  7  avoidance of adverse conditions that affect the safe and

  8  efficient flow of traffic.

  9

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

11  more quotes, if available, from qualified contractors before

12  entering into any contract. The department shall give

13  consideration to disadvantaged business enterprise

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

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

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

17  prime contractor on the existing contract.

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

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

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

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

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

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

24  advertised and awarded notwithstanding the requirements of

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

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

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

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

29  state or a local governmental entity and all railroad crossing

30  and utility agreements have been executed. Title to

31

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

  2  dedicated to the public or acquired by prescription.

  3         Section 37.  Subsection (4) of section 337.14, Florida

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

  5  section, to read:

  6         337.14  Application for qualification; certificate of

  7  qualification; restrictions; request for hearing.--

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

  9  prescribed qualifications, the department shall issue to him

10  or her a certificate of qualification that which, unless

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

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

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

14  department prescribes may prescribe.  If In the event the

15  department finds that an application is incomplete or contains

16  inadequate information or information that which cannot be

17  verified, the department may request in writing that the

18  applicant provide the necessary information to complete the

19  application or provide the source from which any information

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

21  comply with the initial written request within a reasonable

22  period of time as specified therein, the department shall

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

24  to comply with the second request within a reasonable period

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

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

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

28  pursuant to chapter 348 or chapter 349 may require that

29  persons interested in performing work under contract first be

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

31  considered ineligible to bid by the governmental entity or

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  1  authority if the contractor is behind an approved progress

  2  schedule for the governmental entity or authority by 10

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

  4  contractor prequalified and considered eligible by the

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

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

  7  work so described.  The governmental entity or authority may

  8  provide an appeal process to overcome that presumption with de

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

10         (b)  With respect to contractors not prequalified with

11  the department, the authority shall publish prequalification

12  criteria and procedures prior to advertisement or notice of

13  solicitation.  Such publications shall include notice of a

14  public hearing for comment on such criteria and procedures

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

16  process within the authority for objections to the

17  prequalification process with de novo review based on the

18  record below to the circuit court.

19         (c)  An authority may establish criteria and procedures

20  whereunder contractor selection may occur on a basis other

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

22  authority shall publish for comment the proposed criteria and

23  procedures.  Review of the adopted criteria and procedures

24  shall be to the circuit court, within 30 days after adoption,

25  with de novo review based on the record below.

26         Section 38.  Subsection (2) of section 337.401, Florida

27  Statutes, is amended to read:

28         337.401  Use of right-of-way for utilities subject to

29  regulation; permit; fees.--

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

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

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

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

  3  utility in accordance with such rules or regulations as the

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

  5  or relocated unless authorized by a written permit issued by

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

  7  rail corridors under the jurisdiction of the department, a

  8  utility relocation schedule and relocation agreement may be

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

10  the permitholder to be responsible for any damage resulting

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

12  injunctive proceedings as provided in s. 120.69 to enforce

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

14  entered into pursuant thereto.

15         Section 39.  Subsections (1) and (2) of section 339.08,

16  Florida Statutes, are amended to read:

17         339.08  Use of moneys in State Transportation Trust

18  Fund.--

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

20  the expenditure of the moneys in the State Transportation

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

22  annual budget.

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

24  shall be restricted to the following purposes:

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

26  including administrative expenses incurred by the several

27  state transportation districts, but excluding administrative

28  expenses of commuter rail authorities that do not operate rail

29  service.

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

31  Highway System.

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

  2  System.

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

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

  5         (e)  To reimburse counties or municipalities for

  6  expenditures made on projects in the State Highway System as

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

  8         (f)  To pay the cost of economic development

  9  transportation projects in accordance with s. 288.063.

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

11  maintenance, and capital costs of a revenue-producing

12  transportation project that is located on the State Highway

13  System or that is demonstrated to relieve traffic congestion

14  on the State Highway System.

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

16  other transportation purpose, including funds allocated to

17  projects not located in the State Highway System.

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

19  in accordance with the Small County Road Assistance Program

20  created in s. 339.2816.

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

22  projects selected in accordance with the County Incentive

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

24  Outreach Program created in s. 339.2818.

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

26  in constructing and improving highway transportation

27  facilities selected in accordance with the state-funded

28  infrastructure bank created in s. 339.55.

29         (l)  To fund the Transportation Outreach Program

30  created in s. 339.137.

31

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  1         (m)  To pay other lawful expenditures of the

  2  department.

  3         Section 40.  Subsection (5) of section 339.12, Florida

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

  5  section, to read:

  6         339.12  Aid and contributions by governmental entities

  7  for department projects; federal aid.--

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

  9  governmental entity may enter into an agreement by which the

10  governmental entity agrees to perform a highway project or

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

12  not revenue producing or any public transportation project in

13  the adopted work program.  By specific provision in the

14  written agreement between the department and the governing

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

16  compensate reimburse the governmental entity the actual cost

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

18  program. Compensation Reimbursement to the governmental entity

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

20  appropriated by the Legislature, and compensation

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

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

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

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

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

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

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

28  50 percent of its 1-cent local option sales tax proceeds over

29  the life of the tax for improvements to the State

30  Transportation System or to local projects directly upgrading

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

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  1  shall receive maintenance funding from the department at a

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

  3  transportation expenditures for planning, design,

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

  5  calculation of such maintenance funding shall not include the

  6  State and Federal Bridge Replacement Program, the Interstate

  7  program, seaports, state economic development, toll capital

  8  assistance, small county resurfacing, railroad hazard

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

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

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

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

13  agreement with the department obligating a 50 percent or

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

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

16  Transportation System.  The department shall enter into a

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

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

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

20  transportation expenditures for planning, design,

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

22  government receiving these funds from the department shall

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

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

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

26  eligible county willing to fund millions of dollars for state

27  transportation improvements in its jurisdiction with a funding

28  level to an average of what the department typically

29  appropriates to that county for state transportation

30  improvements, less any department projects for the county not

31

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

  2  through the 1-cent local option sales tax.

  3         Section 41.  Paragraphs (a), (f), and (g) of subsection

  4  (4) of section 339.135, Florida Statutes, are amended to read:

  5         339.135  Work program; legislative budget request;

  6  definitions; preparation, adoption, execution, and

  7  amendment.--

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

  9         (a)1.  To assure that no district or county is

10  penalized for local efforts to improve the State Highway

11  System, the department shall, for the purpose of developing a

12  tentative work program, allocate funds for new construction to

13  the districts, except for the turnpike enterprise district,

14  based on equal parts of population and motor fuel tax

15  collections. Funds for resurfacing, bridge repair and

16  rehabilitation, bridge fender system construction or repair,

17  public transit projects except public transit block grants as

18  provided in s. 341.052, and other programs with quantitative

19  needs assessments shall be allocated based on the results of

20  these assessments. The department may not transfer any funds

21  allocated to a district under this paragraph to any other

22  district except as provided in subsection (7). Funds for

23  public transit block grants shall be allocated to the

24  districts pursuant to s. 341.052.

25         2.  Notwithstanding the provisions of subparagraph 1.,

26  the department shall allocate at least 50 percent of any new

27  discretionary highway capacity funds to the Florida Intrastate

28  Highway System established pursuant to s. 338.001.  Any

29  remaining new discretionary highway capacity funds shall be

30  allocated to the districts for new construction as provided in

31  subparagraph 1. For the purposes of this subparagraph, the

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  1  term "new discretionary highway capacity funds" means any

  2  funds available to the department above the prior year funding

  3  level for  capacity improvements, which the department has the

  4  discretion to allocate to highway projects.

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

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

  7  Governor, the legislative appropriations committees, the

  8  Florida Transportation Commission, and the Department of

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

10  the regular legislative session.  Prior to the statewide

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

12  Community Affairs shall transmit to the Florida Transportation

13  Commission a list of those projects and project phases

14  contained in the tentative work program which are identified

15  as being inconsistent with approved local government

16  comprehensive plans.  For urbanized areas of metropolitan

17  planning organizations, the list may not contain any project

18  or project phase that is scheduled in a transportation

19  improvement program unless such inconsistency has been

20  previously reported to the affected metropolitan planning

21  organization.  The commission shall consider the list as part

22  of its evaluation of the tentative work program conducted

23  pursuant to s. 20.23.

24         (g)  The Florida Transportation Commission shall

25  conduct a statewide public hearing on the tentative work

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

27  the hearing in the Florida Administrative Weekly at least 7

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

29  hearing, the commission shall, at a minimum:

30

31

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

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

  3  applicable laws and departmental policies; and

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

  5  offered by the public.

  6

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

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

  9  the Governor and the legislative appropriations committees a

10  report that evaluates the tentative work program for:

11         a.  Financial soundness;

12         b.  Stability;

13         c.  Production capacity;

14         d.  Accomplishments, including compliance with program

15  objectives in s. 334.046;

16         e.  Compliance with approved local government

17  comprehensive plans;

18         f.  Objections and requests by metropolitan planning

19  organizations;

20         g.  Policy changes and effects thereof;

21         h.  Identification of statewide or regional projects;

22  and

23         i.  Compliance with all other applicable laws.

24         Section 42.  Section 339.137, Florida Statutes, is

25  amended to read:

26         339.137  Transportation Outreach Program (TOP)

27  supporting economic development; administration; definitions;

28  eligible projects; Transportation Outreach Program (TOP)

29  advisory council created; limitations; funding.--

30         (1)  There is created within the Department of

31  Transportation, a Transportation Outreach Program (TOP)

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  1  dedicated to funding transportation projects of a high

  2  priority based on the prevailing principles of preserving the

  3  existing transportation infrastructure; enhancing Florida's

  4  economic growth and competitiveness in national and

  5  international markets; promoting intermodal transportation

  6  linkages for passengers and freight; and improving travel

  7  choices to ensure efficient and cost-competitive mobility for

  8  Florida citizens, visitors, services, and goods.

  9         (2)  For purposes of this section, words and phrases

10  shall have the following meanings:

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

12  transportation infrastructure investment. Preservation

13  includes:

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

15  State Highway System meets department standards;

16         2.  Ensuring that 90 percent of department-maintained

17  bridges meet department standards; and

18         3.  Ensuring that the department achieves 100 percent

19  of acceptable maintenance standards on the State Highway

20  System.

21         (b)  Economic growth and competitiveness.--Ensuring

22  that state transportation investments promote economic

23  activities which result in development or retention of income

24  generative industries which increase per capita earned income

25  in the state, and that such investments improve the state's

26  economic competitiveness.

27         (b)(c)  Mobility.--Ensuring a cost-effective,

28  statewide, interconnected transportation system.

29         (c)(d)  The term "Regionally significant transportation

30  project.-- of critical concern" means A transportation

31  facility improvement project located in one or more counties

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  1  county which provides significant enhancement of economic

  2  development opportunities in that region an adjoining county

  3  or counties and which provides improvements to a hurricane

  4  evacuation route.

  5         (3)  Transportation Outreach Program projects may be

  6  proposed by any local government, regional organization,

  7  economic development board, public or private partnership,

  8  metropolitan planning organization, state agency, or other

  9  entity engaged in economic development activities.

10         (4)(3)  Proposed Eligible projects that meet the

11  minimum eligibility threshold include those for planning,

12  designing, acquiring rights-of-way for, or constructing the

13  following:

14         (a)  Major highway improvements to:.

15         1.  The Florida Intrastate Highway System.

16         2.  Major roads and feeder roads which provide linkages

17  to the Florida Intrastate Highway System major highways.

18         3.  Bridges of statewide or regional significance.

19         4.  Trade and economic development corridors.

20         5.  Access projects for freight and passengers.

21         6.  Hurricane evacuation routes.

22         (b)  Major public transportation projects:.

23         1.  Seaport projects which improve cargo and passenger

24  movements or connect the seaports to other modes of

25  transportation.

26         2.  Aviation projects which increase passenger

27  enplanements and cargo activity or connect the airports to

28  other modes of transportation.

29         3.  Transit projects which improve mobility on

30  interstate highways, or which improve regional or localized

31  travel, or connect to other modes of transportation.

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  1         4.  Rail projects that facilitate the movement of

  2  passengers and cargo, including ancillary pedestrian

  3  facilities, or connect rail facilities to other modes of

  4  transportation.

  5         5.  Spaceport Florida Authority projects which improve

  6  space transportation capacity and facilities consistent with

  7  the provisions of s. 331.360.

  8         6.  Bicycle and pedestrian facilities that add to or

  9  enhance a statewide system of public trails.

10         (c)  Highway and bridge projects that facilitate

11  retention and expansion of military installations, or that

12  facilitate reuse and development of any military base

13  designated for closure by the Federal Government.

14

15  Each proposed project must be able to document that it

16  promotes economic growth and competitiveness, as defined in

17  paragraph (2)(a).

18         (5)  In addition to the above minimum eligibility

19  requirements, each proposed project must comply with the

20  following eligibility criteria:

21         (a)  The project or project phase selected can be made

22  production-ready within a 5-year period following the end of

23  the current fiscal year.

24         (b)  The project is consistent with a current

25  transportation system plan such as the Florida Intrastate

26  Highway System, aviation, intermodal/rail, seaport, spaceport,

27  or transit system plans.

28         (c)  The project is not inconsistent with an approved

29  local comprehensive plan of any local government within whose

30  boundaries the project is located in whole or in part, or, if

31

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  1  inconsistent, is accompanied by an explanation of why the

  2  project should be undertaken.

  3         (d)  The project involves two or more modes of

  4  transportation or can document that it will have a significant

  5  economic benefit in two or more counties.

  6

  7  One or more of the minimum criteria listed in paragraphs

  8  (a)-(d) may be waived for a regionally significant

  9  transportation project.

10         (4)  Transportation Outreach projects may be proposed

11  by any local government, regional organization, economic

12  development board, public or private partnership, metropolitan

13  planning organization, state agency, or other entity engaged

14  in economic development activities.

15         (6)(5)  The following criteria shall be used

16  Transportation funding under this section shall use the

17  following mechanisms to prioritize the eligible proposed

18  projects:

19         (a)  The project must promote economic growth and

20  competitiveness. Economic development-related transportation

21  projects may compete for funding under the program. Projects

22  funded under this program should provide for increased

23  mobility on the state's transportation system. Projects which

24  have local or private matching funds may be given priority

25  over other projects.

26         (b)  The project must promote intermodal transportation

27  linkages for passengers and freight. Establishment of a

28  funding allocation under this program reserved to quickly

29  respond to transportation needs of emergent economic

30  competitiveness development projects that may be outside of

31  the routine project selection process. This funding may be

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  1  used to match local or private contributions for

  2  transportation projects which meet the definition of economic

  3  competitiveness contained in this section.

  4         (c)  The project must broaden transportation choices

  5  for Florida residents, visitors, and commercial interests in

  6  order to ensure efficient and cost-competitive mobility of

  7  people, services, and goods. Establish innovative financing

  8  methods to enable the state to respond in a timely manner to

  9  major or emergent economic development-related transportation

10  needs that require timely commitments. These innovative

11  financing methods include, but are not limited to, the state

12  infrastructure bank, state bonds for right-of-way acquisition

13  and bridge construction, state bonds for fixed guideway

14  transportation systems, state bonds for federal aid highway

15  construction, funds previously programmed by the department

16  for high-speed rail development, and any other local, state,

17  or federal funds made available to the department.

18         (d)  Projects that have local, federal, or private

19  matching funds shall be given priority over projects that meet

20  all other criteria.

21         (7)  Eligible projects shall also utilize innovative

22  financing methods that enable the state to respond in a timely

23  manner to major or emergent transportation needs related to

24  economic development that require timely commitments. These

25  innovative financing methods include, but are not limited to,

26  private investment strategies, use of the state infrastructure

27  bank, state bonds for right-of-way acquisition and bridge

28  construction, state bonds for fixed guideway transportation

29  systems, state bonds for federal aid highway construction,

30  funds previously programmed by the department for high-speed

31

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  1  rail development, and any other local, state, or federal funds

  2  made available to the department.

  3         (6)  In addition to complying with the prevailing

  4  principles provided in subsection (1), to be eligible for

  5  funding under the program, projects must also meet the

  6  following minimum criteria:

  7         (a)  The project or project phase selected can be made

  8  production-ready within a 5-year period following the end of

  9  the current fiscal year.

10         (b)  The project is listed in an outer year of the

11  5-year work program and can be made production-ready and

12  advanced to an earlier year of the 5-year work program.

13         (c)  The project is consistent with a current

14  transportation system plan including, but not limited to, the

15  Florida Intrastate Highway System, aviation, intermodal/rail,

16  seaport, spaceport, or transit system plans.

17         (d)  The project is not inconsistent with an approved

18  local comprehensive plan of any local government within whose

19  boundaries the project is located in whole or in part or, if

20  inconsistent, is accompanied by an explanation of why the

21  project should be undertaken.

22         (e)  One or more of the minimum criteria listed in

23  paragraphs (a)-(d) may be waived for a statewide or regionally

24  significant transportation project of critical concern.

25         (8)(7)  The Transportation Outreach Program (TOP)

26  advisory council is created to annually make recommendations

27  to the Legislature on prioritization and selection of economic

28  growth projects as provided in this section.

29         (a)  The council shall consist of:

30         1.  Two representatives of private interests, chosen by

31  the Speaker of the House of Representatives, who are directly

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  1  involved in or affected by any mode of transportation or

  2  tourism chosen by the Speaker of the House of Representatives.

  3         2.  Two representatives of private interests, chosen by

  4  the President of the Senate, who are directly involved in or

  5  affected by any mode of transportation or tourism chosen by

  6  the President of the Senate.

  7         3.  Three representatives of private or governmental

  8  interests, chosen by the Governor, who are directly involved

  9  in or affected by any mode of transportation or tourism chosen

10  by the Governor.

11         (b)  Terms for council members shall be 2 years, and

12  each member shall be allowed one vote. Every 2 years, the

13  council shall select from among its membership a chair and

14  vice chair.

15         (c)  Initial appointments must be made no later than 60

16  days after this act takes effect. Vacancies in the council

17  shall be filled in the same manner as the initial

18  appointments.

19         (d)  The council shall hold its initial meeting no

20  later than 30 days after the members have been appointed in

21  order to organize and select a chair and vice chair from the

22  council membership. Meetings shall be held at the call of the

23  chair, but not less frequently than quarterly.

24         (e)  The members of the council shall serve without

25  compensation, but shall be reimbursed for per diem and travel

26  expenses as provided in s. 112.061.

27         (f)  The department shall provide administrative staff

28  support, ensuring that council meetings are electronically

29  recorded. Such recordings and all documents received, prepared

30  for, or used by the council in conducting its business shall

31  be preserved pursuant to chapters 119 and 257. In addition,

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  1  the department shall provide for travel and per diem expenses

  2  for the council in its annual budget.

  3         (g)  The council shall develop a methodology for

  4  scoring and ranking project proposals based on the

  5  prioritization criteria in subsection (6). The council may

  6  change a project's ranking based on other factors as

  7  determined by the council. However, such other factors must be

  8  fully documented in writing by the council.

  9         (h)  The council is encouraged to seek input from

10  transportation or economic development entities and to

11  consider the reports and recommendations of task forces, study

12  commissions, or similar entities charged with reviewing issues

13  relevant to the council's mission.

14         (9)(8)  Because transportation investment plays a key

15  role in economic development, the council and the department

16  shall actively participate in state and local economic

17  development programs, including:

18         (a)  Working in partnership with other state and local

19  agencies in business recruitment, expansion, and retention

20  activities to ensure early transportation input into these

21  activities.

22         (b)  Providing expertise and rapid response in

23  analyzing the transportation needs of emergent economic

24  development projects.

25         (c)  Developing The council and department must develop

26  a macroeconomic analysis of the linkages between

27  transportation investment and economic performance, as well as

28  a method to quantifiably measure the economic benefits of the

29  investments.

30

31

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  1         (d)  Identifying long-term strategic transportation

  2  projects that will promote the principles listed in subsection

  3  (1).

  4         (10)(9)  The council shall review and prioritize

  5  projects submitted for funding under the program with priority

  6  given to projects which comply with the prevailing principles

  7  provided in subsection (1), and shall recommend to the

  8  Legislature a transportation outreach program. The department

  9  shall provide technical expertise and support as requested by

10  the council, and shall develop financial plans, cash forecast

11  plans, and program and resource plans necessary to implement

12  this program. These supporting documents shall be submitted

13  with the Transportation Outreach Program.

14         (11)(a)(10)  Projects recommended for funding under the

15  Transportation Outreach Program shall be submitted to the

16  Florida Transportation Commission at least 30 days before the

17  start of the regular legislative session. The Florida

18  Transportation Commission shall review the projects to

19  determine whether they are in compliance with this section and

20  prepare a report detailing its findings.

21         (b)  The council shall submit its list of recommended

22  projects to the Governor and the Legislature as a separate

23  budget request submitted at the same time as section of the

24  department's preliminary tentative work program, which is 14

25  days before the start of the regular session. The Florida

26  Transportation Commission shall submit its written report at

27  the same time to the Governor and the Legislature.  Final

28  approval of the Transportation Outreach Program project list

29  shall be made by the Legislature through the General

30  Appropriations Act. Program projects approved by the

31

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  1  Legislature must be included in the department's adopted work

  2  program.

  3         (12)(11)  For purposes of funding projects under the

  4  Transportation Outreach Program, the department shall allocate

  5  from the State Transportation Trust Fund in its program and

  6  resource plan a minimum of $60 million each year beginning in

  7  fiscal year 2001-2002 for a transportation outreach program.

  8  This funding is to be reserved for projects to be funded

  9  pursuant to this section under the Transportation Outreach

10  Program. This allocation of funds is in addition to any

11  funding provided to this program by any other provision of

12  law.

13         (13)(12)  Notwithstanding any other law to the contrary

14  the requirements of ss. 206.46(3), 206.606(2), 339.135,

15  339.155, and 339.175 shall not apply to the Transportation

16  Outreach Program.

17         (14)(13)  The department is authorized to adopt rules

18  to implement the Transportation Outreach Program supporting

19  economic development.

20         Section 43.  Subsection (5) of section 341.051, Florida

21  Statutes, is amended to read:

22         341.051  Administration and financing of public transit

23  programs and projects.--

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

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

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

27  of any eligible public transit capital project or commuter

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

29  that departmental participation in the final design,

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

31  individual fixed-guideway project which is not approved for

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  1  federal funding shall not exceed an amount equal to 12.5

  2  percent of the total cost of each phase.

  3         (b)  The Department of Transportation shall develop a

  4  major capital investment policy which shall include policy

  5  criteria and guidelines for the expenditure or commitment of

  6  state funds for public transit capital projects. The policy

  7  shall include the following:

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

  9  transit project with the approved local government

10  comprehensive plans of the units of local government in which

11  the project is located.

12         2.  Methods for evaluating the level of local

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

14  through system planning and the development of a feasible plan

15  to fund operating cost through fares, value capture techniques

16  such as joint development and special districts, or other

17  local funding mechanisms.

18         3.  Methods for evaluating alternative transit systems

19  including an analysis of technology and alternative methods

20  for providing transit services in the corridor.

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

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

23  commuter assistance project that is statewide in scope or

24  involves more than one county where no other governmental

25  entity or appropriate jurisdiction exists.

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

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

28  will assist Florida's transit systems in becoming fiscally

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

30  department on an appropriate schedule not to exceed 5 years

31  after the date of provision of the advances.

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

  2  percent of the capital and net operating costs of statewide

  3  transit service development projects or transit corridor

  4  projects.  All transit service development projects shall be

  5  specifically identified by way of a departmental appropriation

  6  request, and transit corridor projects shall be identified as

  7  part of the planned improvements on each transportation

  8  corridor designated by the department.  The project

  9  objectives, the assigned operational and financial

10  responsibilities, the timeframe required to develop the

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

12  project will be judged shall be documented by the department

13  for each such transit service development project or transit

14  corridor project.

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

16  percent of the capital and net operating costs of transit

17  service development projects that are local in scope and that

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

19  such projects shall be identified in the appropriation request

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

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

22  following functional areas and is subject to the specified

23  times of duration:

24         1.  Improving system operations, including, but not

25  limited to, realigning route structures, increasing system

26  average speed, decreasing deadhead mileage, expanding area

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

28  to 3 years;

29         2.  Improving system maintenance procedures, including,

30  but not limited to, effective preventive maintenance programs,

31  improved mechanics training programs, decreasing service

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  1  repair calls, decreasing parts inventory requirements, and

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

  3         3.  Improving marketing and consumer information

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

  5  services, organized advertising and promotion programs, and

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

  7  and

  8         4.  Improving technology involved in overall

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

10  fare collection techniques, electronic data processing

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

12

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

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

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

16         Section 44.  Subsections (7), (8), and (10) of section

17  341.302, Florida Statutes, are amended to read:

18         341.302  Rail program, duties and responsibilities of

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

20  governmental units and the private sector, shall develop and

21  implement a rail program of statewide application designed to

22  ensure the proper maintenance, safety, revitalization, and

23  expansion of the rail system to assure its continued and

24  increased availability to respond to statewide mobility needs.

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

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

27  shall:

28         (7)  Develop and administer state standards concerning

29  the safety and performance of rail systems, hazardous material

30  handling, and operations. Such standards shall be developed

31  jointly with representatives of affected rail systems, with

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  1  full consideration given to nationwide industry norms, and

  2  shall define the minimum acceptable standards for safety and

  3  performance.

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

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

  6  hazardous materials transportation, including the loading,

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

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

  9  to determine adherence to state and federal standards.

10  Department personnel may enforce any safety regulation issued

11  under the Federal Government's preemptive authority over

12  interstate commerce.

13         (10)  Administer rail operating and construction

14  programs, which programs shall include the regulation of

15  maximum train operating speeds, the opening and closing of

16  public grade crossings, the construction and rehabilitation of

17  public grade crossings, and the installation of traffic

18  control devices at public grade crossings, the administering

19  of the programs by the department including participation in

20  the cost of the programs.

21         Section 45.  Paragraph (d) of subsection (2) of section

22  348.0003, Florida Statutes, is amended to read:

23         348.0003  Expressway authority; formation;

24  membership.--

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

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

27  district secretary of the affected department district shall

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

29  authority located within the district.  Each member of the

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

31

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

  2  is appointed to represent.

  3         (d)  Notwithstanding any provision to the contrary in

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

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

  6  members, and the following provisions of this paragraph shall

  7  apply specifically to such authority. Except for the district

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

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

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

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

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

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

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

15  be the district secretary of the department serving in the

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

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

18  board of an authority includes any member originally appointed

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

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

21  replaced by a member appointed by the Governor until the

22  governing body of the authority is composed of seven members

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

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

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

26  authority shall be determined by resolution or ordinance of

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

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

29         Section 46.  Section 348.0012, Florida Statutes, is

30  amended to read:

31

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  1         348.0012  Exemptions from applicability.--The Florida

  2  Expressway Authority Act does not apply:

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

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

  5  chapter; or

  6         (2)  To a transportation authority created pursuant to

  7  chapter 349.

  8         Section 47.  Paragraph (b) of subsection (1) of section

  9  348.754, Florida Statutes, is amended to read:

10         348.754  Purposes and powers.--

11         (1)

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

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

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

15  construct, and equip any extensions, additions, or

16  improvements to said system, or appurtenant facilities,

17  including all necessary approaches, roads, bridges, and

18  avenues of access as the authority shall deem desirable and

19  proper, together with such changes, modifications, or

20  revisions to of said system or appurtenant facilities project

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

22         Section 48.  Section 348.7543, Florida Statutes, is

23  amended to read:

24         348.7543  Improvements, bond financing authority

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

26  Constitution, the Legislature hereby approves for bond

27  financing by the Orlando-Orange County Expressway Authority

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

29  refurbishing any expressway system, including improvements to

30  toll collection facilities, interchanges, future extensions

31  and additions, necessary approaches, roads, bridges, and

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  1  avenues of access to the legislatively approved expressway

  2  system, and any other facility appurtenant, necessary, or

  3  incidental to the approved system, all as deemed desirable and

  4  proper by the authority pursuant to s. 348.754(1)(b).  Subject

  5  to terms and conditions of applicable revenue bond resolutions

  6  and covenants, such costs financing may be financed in whole

  7  or in part by revenue bonds issued pursuant to s.

  8  348.755(1)(a) or (b) whether currently issued, issued in the

  9  future, or by a combination of such bonds.

10         Section 49.  Section 348.7544, Florida Statutes, is

11  amended to read:

12         348.7544  Northwest Beltway Part A, construction

13  authorized; financing.--Notwithstanding s. 338.2275, the

14  Orlando-Orange County Expressway Authority is hereby

15  authorized to construct, finance, operate, own, and maintain

16  that portion of the Western Beltway known as the Northwest

17  Beltway Part A, extending from Florida's Turnpike near Ocoee

18  north to U.S. 441 near Apopka, as part of the authority's

19  20-year capital projects plan. This project may be financed

20  with any funds available to the authority for such purpose or

21  revenue bonds issued by the Division of Bond Finance of the

22  State Board of Administration on behalf of the authority

23  pursuant to s. 11, Art. VII of the State Constitution and the

24  State Bond Act, ss. 215.57-215.83. This project may be

25  refinanced with bonds issued by the authority pursuant to s.

26  348.755(1)(d).

27         Section 50.  Section 348.7545, Florida Statutes, is

28  amended to read:

29         348.7545  Western Beltway Part C, construction

30  authorized; financing.--Notwithstanding s. 338.2275, the

31  Orlando-Orange County Expressway Authority is authorized to

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  1  exercise its condemnation powers, construct, finance, operate,

  2  own, and maintain that portion of the Western Beltway known as

  3  the Western Beltway Part C, extending from Florida's Turnpike

  4  near Ocoee in Orange County southerly through Orange and

  5  Osceola Counties to an interchange with I-4 near the

  6  Osceola-Polk County line, as part of the authority's 20-year

  7  capital projects plan. This project may be financed with any

  8  funds available to the authority for such purpose or revenue

  9  bonds issued by the Division of Bond Finance of the State

10  Board of Administration on behalf of the authority pursuant to

11  s. 11, Art. VII of the State Constitution and the State Bond

12  Act, ss. 215.57-215.83. This project may be refinanced with

13  bonds issued by the authority pursuant to s. 348.755(1)(d).

14         Section 51.  Subsection (1) of section 348.755, Florida

15  Statutes, is amended to read:

16         348.755  Bonds of the authority.--

17         (1)(a)  Bonds may be issued on behalf of the authority

18  pursuant to the State Bond Act.

19         (b)  Alternatively, the authority may issue its own

20  bonds pursuant to the provisions of this part at such times

21  and in such principal amount as, in the opinion of the

22  authority, is necessary to provide sufficient moneys for

23  achieving its purposes; however, such bonds shall not pledge

24  the full faith and credit of the state. Bonds issued by the

25  authority pursuant to paragraphs (a) or (b) The bonds of the

26  authority issued pursuant to the provisions of this part,

27  whether on original issuance or on refunding, shall be

28  authorized by resolution of the members thereof and may be

29  either term or serial bonds, shall bear such date or dates,

30  mature at such time or times, not exceeding 40 years from

31  their respective dates, bear interest at such rate or rates,

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  1  payable semiannually, be in such denominations, be in such

  2  form, either coupon or fully registered, shall carry such

  3  registration, exchangeability and interchangeability

  4  privileges, be payable in such medium of payment and at such

  5  place or places, be subject to such terms of redemption and be

  6  entitled to such priorities on the revenues, rates, fees,

  7  rentals or other charges or receipts of the authority

  8  including the Orange County gasoline tax funds received by the

  9  authority pursuant to the terms of any lease-purchase

10  agreement between the authority and the department, as such

11  resolution or any resolution subsequent thereto may provide.

12  The bonds shall be executed either by manual or facsimile

13  signature by such officers as the authority shall determine,

14  provided that such bonds shall bear at least one signature

15  which is manually executed thereon, and the coupons attached

16  to such bonds shall bear the facsimile signature or signatures

17  of such officer or officers as shall be designated by the

18  authority and shall have the seal of the authority affixed,

19  imprinted, reproduced or lithographed thereon, all as may be

20  prescribed in such resolution or resolutions.

21         (c)(b)  Said Bonds issued pursuant to paragraphs (a)

22  and (b) shall be sold at public sale in the same manner

23  provided by the State Bond Act.  However, if the authority

24  shall, by official action at a public meeting, determine that

25  a negotiated sale of such the bonds is in the best interest of

26  the authority, the authority may negotiate for sale of the

27  bonds with the underwriter or underwriters designated by the

28  authority and the Division of Bond Finance of the State Board

29  of Administration with respect to bonds issued pursuant to

30  paragraph (b). The authority's determination to negotiate the

31  sale of such bonds may be based in part upon the written

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  1  advice of its financial advisor. Pending the preparation of

  2  definitive bonds, interim certificates may be issued to the

  3  purchaser or purchasers of such bonds and may contain such

  4  terms and conditions as the authority may determine.

  5         (d)  The authority may issue bonds pursuant to

  6  paragraph (b) to refund any bonds previously issued regardless

  7  of whether the bonds being refunded were issued by the

  8  authority pursuant to this chapter or on behalf of the

  9  authority pursuant to the State Bond Act.

10         Section 52.  Section 348.765, Florida Statutes, is

11  amended to read:

12         348.765  This part complete and additional authority.--

13         (1)  The powers conferred by this part shall be in

14  addition and supplemental to the existing powers of said board

15  and the department, and this part shall not be construed as

16  repealing any of the provisions, of any other law, general,

17  special or local, but to supersede such other laws in the

18  exercise of the powers provided in this part, and to provide a

19  complete method for the exercise of the powers granted in this

20  part.  The extension and improvement of said Orlando-Orange

21  County Expressway System, and the issuance of bonds hereunder

22  to finance all or part of the cost thereof, may be

23  accomplished upon compliance with the provisions of this part

24  without regard to or necessity for compliance with the

25  provisions, limitations, or restrictions contained in any

26  other general, special or local law, including, but not

27  limited to, s. 215.821, and no approval of any bonds issued

28  under this part by the qualified electors or qualified

29  electors who are freeholders in the state or in said County of

30  Orange, or in said City of Orlando, or in any other political

31

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  1  subdivision of the state, shall be required for the issuance

  2  of such bonds pursuant to this part.

  3         (2)  This part shall not be deemed to repeal, rescind,

  4  or modify any other law or laws relating to said State Board

  5  of Administration, said Department of Transportation, or the

  6  Division of Bond Finance of the State Board of Administration,

  7  but shall be deemed to and shall supersede such other law or

  8  laws as are inconsistent with the provisions of this part,

  9  including, but not limited to, s. 215.821.

10         Section 53.  Subsections (1) through (6) and subsection

11  (8) of section 373.4137, Florida Statutes, are amended, and

12  subsection (9) is added to said section, to read:

13         373.4137  Mitigation requirements.--

14         (1)  The Legislature finds that environmental

15  mitigation for the impact of transportation projects proposed

16  by the Department of Transportation or a transportation

17  authority established pursuant to chapter 348 or chapter 349

18  can be more effectively achieved by regional, long-range

19  mitigation planning rather than on a project-by-project basis.

20  It is the intent of the Legislature that mitigation to offset

21  the adverse effects of these transportation projects be funded

22  by the Department of Transportation and be carried out by the

23  Department of Environmental Protection and the water

24  management districts, including the use of mitigation banks

25  established pursuant to this part.

26         (2)  Environmental impact inventories for

27  transportation projects proposed by the Department of

28  Transportation or a transportation authority established

29  pursuant to chapter 348 or chapter 349 shall be developed as

30  follows:

31

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

  2  Transportation or a transportation authority established

  3  pursuant to chapter 348 or chapter 349 shall submit to the

  4  Department of Environmental Protection and the water

  5  management districts a copy of its adopted work program and an

  6  inventory of habitats addressed in the rules tentatively,

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

  8  U.S.C. s. 1344, which may be impacted by its plan of

  9  construction for transportation projects in the next 3 years

10  of the tentative work program. The Department of

11  Transportation or a transportation authority established

12  pursuant to chapter 348 or chapter 349 may also include in its

13  inventory the habitat impacts of any future transportation

14  project identified in the tentative work program.

15         (b)  The environmental impact inventory shall include a

16  description of these habitat impacts, including their

17  location, acreage, and type; state water quality

18  classification of impacted wetlands and other surface waters;

19  any other state or regional designations for these habitats;

20  and a survey of threatened species, endangered species, and

21  species of special concern affected by the proposed project.

22         (3)(a)  To fund the mitigation plan for the projected

23  impacts identified in the inventory described in subsection

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

25  quarterly in an escrow account within the State Transportation

26  Trust Fund for the environmental mitigation phase of projects

27  budgeted by the Department of Transportation for the current

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

29  Department of Transportation for the benefit of the Department

30  of Environmental Protection and the water management

31

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  1  districts.  Any interest earnings from the escrow account

  2  shall remain with the Department of Transportation.

  3         (b)  Each transportation authority established pursuant

  4  to chapter 348 or chapter 349 that chooses to participate in

  5  this program shall create an escrow account within its

  6  financial structure and deposit funds in the account to pay

  7  for the environmental mitigation phase of projects budgeted

  8  for the current fiscal year. The escrow account will be

  9  maintained by the authority for the benefit of the Department

10  of Environmental Protection and the water management

11  districts. Any interest earnings from the escrow account shall

12  remain with the authority.

13         (c)  The Department of Environmental Protection or

14  water management districts may request a transfer of funds

15  from an the escrow account no sooner than 30 days prior to the

16  date the funds are needed to pay for activities associated

17  with development or implementation of the approved mitigation

18  plan described in subsection (4) for the current fiscal year,

19  including, but not limited to, design, engineering,

20  production, and staff support. Actual conceptual plan

21  preparation costs incurred before plan approval may be

22  submitted to the Department of Transportation or the

23  appropriate transportation authority and the Department of

24  Environmental Protection by November 1 of each year with the

25  plan. The conceptual plan preparation costs of each water

26  management district will be paid based on the amount approved

27  on the mitigation plan and allocated to the current fiscal

28  year projects identified by the water management district.

29  The amount transferred to the escrow accounts account each

30  year by the Department of Transportation and participating

31  transportation authorities established pursuant to chapter 348

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  1  or chapter 349 shall correspond to a cost per acre of $75,000

  2  multiplied by the projected acres of impact identified in the

  3  inventory described in subsection (2). However, the $75,000

  4  cost per acre does not constitute an admission against

  5  interest by the state or its subdivisions nor is the cost

  6  admissible as evidence of full compensation for any property

  7  acquired by eminent domain or through inverse condemnation.

  8  Each July 1, the cost per acre shall be adjusted by the

  9  percentage change in the average of the Consumer Price Index

10  issued by the United States Department of Labor for the most

11  recent 12-month period ending September 30, compared to the

12  base year average, which is the average for the 12-month

13  period ending September 30, 1996.  At the end of each year,

14  the projected acreage of impact shall be reconciled with the

15  acreage of impact of projects as permitted, including permit

16  modifications, pursuant to this part and s. 404 of the Clean

17  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

18  funds shall be adjusted accordingly to reflect the

19  overtransfer or undertransfer of funds from the preceding

20  year. The Department of Transportation and participating

21  transportation authorities established pursuant to chapter 348

22  or chapter 349 are is authorized to transfer such funds from

23  the escrow accounts account to the Department of Environmental

24  Protection and the water management districts to carry out the

25  mitigation programs.

26         (4)  Prior to December 1 of each year, each water

27  management district, in consultation with the Department of

28  Environmental Protection, the United States Army Corps of

29  Engineers, the Department of Transportation, transportation

30  authorities established pursuant to chapter 348 or chapter

31  349, and other appropriate federal, state, and local

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  1  governments, and other interested parties, including entities

  2  operating mitigation banks, shall develop a plan for the

  3  primary purpose of complying with the mitigation requirements

  4  adopted pursuant to this part and 33 U.S.C. s. 1344.  This

  5  plan shall also address significant invasive plant problems

  6  within wetlands and other surface waters. In developing such

  7  plans, the districts shall utilize sound ecosystem management

  8  practices to address significant water resource needs and

  9  shall focus on activities of the Department of Environmental

10  Protection and the water management districts, such as surface

11  water improvement and management (SWIM) waterbodies and lands

12  identified for potential acquisition for preservation,

13  restoration, and enhancement, to the extent that such

14  activities comply with the mitigation requirements adopted

15  under this part and 33 U.S.C. s. 1344.  In determining the

16  activities to be included in such plans, the districts shall

17  also consider the purchase of credits from public or private

18  mitigation banks permitted under s. 373.4136 and associated

19  federal authorization and shall include such purchase as a

20  part of the mitigation plan when such purchase would offset

21  the impact of the transportation project, provide equal

22  benefits to the water resources than other mitigation options

23  being considered, and provide the most cost-effective

24  mitigation option.  The mitigation plan shall be preliminarily

25  approved by the water management district governing board and

26  shall be submitted to the secretary of the Department of

27  Environmental Protection for review and final approval. The

28  preliminary approval by the water management district

29  governing board does not constitute a decision that affects

30  substantial interests as provided by s. 120.569. At least 30

31  days prior to preliminary approval, the water management

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  1  district shall provide a copy of the draft mitigation plan to

  2  any person who has requested a copy.

  3         (a)  For each transportation project with a funding

  4  request for the next fiscal year, the mitigation plan must

  5  include a brief explanation of why a mitigation bank was or

  6  was not chosen as a mitigation option, including an estimation

  7  of identifiable costs of the mitigation bank and nonbank

  8  options to the extent practicable.

  9         (b)  Specific projects may be excluded from the

10  mitigation plan and shall not be subject to this section upon

11  the agreement of the Department of Transportation, a

12  transportation authority if applicable, the Department of

13  Environmental Protection, and the appropriate water management

14  district that the inclusion of such projects would hamper the

15  efficiency or timeliness of the mitigation planning and

16  permitting process, or the Department of Environmental

17  Protection and the water management district are unable to

18  identify mitigation that would offset the impacts of the

19  project.

20         (c)  Surface water improvement and management or

21  invasive plant control projects undertaken using the $12

22  million advance transferred from the Department of

23  Transportation to the Department of Environmental Protection

24  in fiscal year 1996-1997 which meet the requirements for

25  mitigation under this part and 33 U.S.C. s. 1344 shall remain

26  available for mitigation until the $12 million is fully

27  credited up to and including fiscal year 2004-2005. When these

28  projects are used as mitigation, the $12 million advance shall

29  be reduced by $75,000 per acre of impact mitigated. For any

30  fiscal year through and including fiscal year 2004-2005, to

31  the extent the cost of developing and implementing the

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  1  mitigation plans is less than the amount transferred pursuant

  2  to subsection (3), the difference shall be credited towards

  3  the $12 million advance. Except as provided in this paragraph,

  4  any funds not directed to implement the mitigation plan

  5  should, to the greatest extent possible, be directed to fund

  6  invasive plant control within wetlands and other surface

  7  waters.

  8         (5)  The water management district shall be responsible

  9  for ensuring that mitigation requirements pursuant to 33

10  U.S.C. s. 1344 are met for the impacts identified in the

11  inventory described in subsection (2), by implementation of

12  the approved plan described in subsection (4) to the extent

13  funding is provided by the Department of Transportation, or a

14  transportation authority established pursuant to chapter 348

15  or chapter 349 if applicable.  During the federal permitting

16  process, the water management district may deviate from the

17  approved mitigation plan in order to comply with federal

18  permitting requirements.

19         (6)  The mitigation plans plan shall be updated

20  annually to reflect the most current Department of

21  Transportation work program and project list of a

22  transportation authority established pursuant to chapter 348

23  or chapter 349 if applicable and may be amended throughout the

24  year to anticipate schedule changes or additional projects

25  which may arise.  Each update and amendment of the mitigation

26  plan shall be submitted to the secretary of the Department of

27  Environmental Protection for approval. However, such approval

28  shall not be applicable to a deviation as described in

29  subsection (5).

30         (8)  This section shall not be construed to eliminate

31  the need for the Department of Transportation or a

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  1  transportation authority established pursuant to chapter 348

  2  or chapter 349 to comply with the requirement to implement

  3  practicable design modifications, including realignment of

  4  transportation projects, to reduce or eliminate the impacts of

  5  its transportation projects on wetlands and other surface

  6  waters as required by rules adopted pursuant to this part, or

  7  to diminish the authority under this part to regulate other

  8  impacts, including water quantity or water quality impacts, or

  9  impacts regulated under this part that are not identified in

10  the inventory described in subsection (2).

11         (9)  The process for environmental mitigation for the

12  impact of transportation projects under this section shall be

13  available to an expressway, bridge, or transportation

14  authority established under chapters 348 and 349. Use of this

15  process may be initiated by an authority depositing the

16  requisite funds into an escrow account set up by the authority

17  and filing an environmental impact inventory with the

18  appropriate water management district. An authority that

19  initiates the environmental mitigation process established by

20  this section shall comply with subsection (6) by timely

21  providing the appropriate water management district and the

22  Department of Environmental Protection with the requisite work

23  program information. A water management district may draw down

24  funds from the escrow account in the manner and on the basis

25  provided in subsection (5).

26         Section 54.  Paragraph (d) of subsection (2), paragraph

27  (c) of subsection (3), paragraph (b) of subsection (4), and

28  paragraphs (b) and (e) of subsection (19) of section 380.06,

29  Florida Statutes, are amended, and paragraphs (i) and (j) are

30  added to subsection (24) of said section, to read:

31         380.06  Developments of regional impact.--

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  1         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

  2         (d)  The guidelines and standards shall be applied as

  3  follows:

  4         1.  Fixed thresholds.--

  5         1.a.  A development that is at or below 100 80 percent

  6  of all numerical thresholds in the guidelines and standards

  7  shall not be required to undergo

  8  development-of-regional-impact review.

  9         2.b.  A development that is at or above 100 120 percent

10  of any numerical threshold shall be required to undergo

11  development-of-regional-impact review.

12         3.c.  Projects certified under s. 403.973 which create

13  at least 100 jobs and meet the criteria of the Office of

14  Tourism, Trade, and Economic Development as to their impact on

15  an area's economy, employment, and prevailing wage and skill

16  levels that are at or below 100 percent of the numerical

17  thresholds for industrial plants, industrial parks,

18  distribution, warehousing or wholesaling facilities, office

19  development or multiuse projects other than residential, as

20  described in s. 380.0651(3)(b)(c), (c)(d), and (h)(i), are not

21  required to undergo development-of-regional-impact review.

22         2.  Rebuttable presumptions.--

23         a.  It shall be presumed that a development that is

24  between 80 and 100 percent of a numerical threshold shall not

25  be required to undergo development-of-regional-impact review.

26         b.  It shall be presumed that a development that is at

27  100 percent or between 100 and 120 percent of a numerical

28  threshold shall be required to undergo

29  development-of-regional-impact review.

30         (3)  VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES

31  AND STANDARDS.--The state land planning agency, a regional

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  1  planning agency, or a local government may petition the

  2  Administration Commission to increase or decrease the

  3  numerical thresholds of any statewide guideline and standard.

  4  The state land planning agency or the regional planning agency

  5  may petition for an increase or decrease for a particular

  6  local government's jurisdiction or a part of a particular

  7  jurisdiction.  A local government may petition for an increase

  8  or decrease within its jurisdiction or a part of its

  9  jurisdiction.  A number of requests may be combined in a

10  single petition.

11         (c)  The Administration Commission shall have authority

12  to increase or decrease a threshold in the statewide

13  guidelines and standards up to 50 percent above or below the

14  statewide presumptive threshold.  The commission may from time

15  to time reconsider changed thresholds and make additional

16  variations as it deems necessary.

17         (4)  BINDING LETTER.--

18         (b)  Unless a developer waives the requirements of this

19  paragraph by agreeing to undergo

20  development-of-regional-impact review pursuant to this

21  section, the state land planning agency or local government

22  with jurisdiction over the land on which a development is

23  proposed may require a developer to obtain a binding letter

24  if:

25         1.  the development is at a presumptive numerical

26  threshold or up to 20 percent above a numerical threshold in

27  the guidelines and standards.; or

28         2.  The development is between a presumptive numerical

29  threshold and 20 percent below the numerical threshold and the

30  local government or the state land planning agency is in doubt

31  as to whether the character or magnitude of the development at

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  1  the proposed location creates a likelihood that the

  2  development will have a substantial effect on the health,

  3  safety, or welfare of citizens of more than one county.

  4         (19)  SUBSTANTIAL DEVIATIONS.--

  5         (b)  Any proposed change to a previously approved

  6  development of regional impact or development order condition

  7  which, either individually or cumulatively with other changes,

  8  exceeds any of the following criteria shall constitute a

  9  substantial deviation and shall cause the development to be

10  subject to further development-of-regional-impact review

11  without the necessity for a finding of same by the local

12  government:

13         1.  An increase in the number of parking spaces at an

14  attraction or recreational facility by 5 percent or 300

15  spaces, whichever is greater, or an increase in the number of

16  spectators that may be accommodated at such a facility by 5

17  percent or 1,000 spectators, whichever is greater.

18         2.  A new runway, a new terminal facility, a 25-percent

19  lengthening of an existing runway, or a 25-percent increase in

20  the number of gates of an existing terminal, but only if the

21  increase adds at least three additional gates.  However, if an

22  airport is located in two counties, a 10-percent lengthening

23  of an existing runway or a 20-percent increase in the number

24  of gates of an existing terminal is the applicable criteria.

25         2.3.  An increase in the number of hospital beds by 5

26  percent or 60 beds, whichever is greater.

27         3.4.  An increase in industrial development area by 5

28  percent or 32 acres, whichever is greater.

29         4.5.  An increase in the average annual acreage mined

30  by 5 percent or 10 acres, whichever is greater, or an increase

31  in the average daily water consumption by a mining operation

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  1  by 5 percent or 300,000 gallons, whichever is greater.  An

  2  increase in the size of the mine by 5 percent or 750 acres,

  3  whichever is less.

  4         5.6.  An increase in land area for office development

  5  by 5 percent or 6 acres, whichever is greater, or an increase

  6  of gross floor area of office development by 5 percent or

  7  60,000 gross square feet, whichever is greater.

  8         7.  An increase in the storage capacity for chemical or

  9  petroleum storage facilities by 5 percent, 20,000 barrels, or

10  7 million pounds, whichever is greater.

11         6.8.  An increase of development at a waterport of wet

12  storage for 20 watercraft, dry storage for 30 watercraft, or

13  wet/dry storage for 60 watercraft in an area identified in the

14  state marina siting plan as an appropriate site for additional

15  waterport development or a 5-percent increase in watercraft

16  storage capacity, whichever is greater.

17         7.9.  An increase in the number of dwelling units by 5

18  percent or 50 dwelling units, whichever is greater.

19         8.10.  An increase in commercial development by 6 acres

20  of land area or by 50,000 square feet of gross floor area, or

21  of parking spaces provided for customers for 300 cars or a

22  5-percent increase of any of these, whichever is greater.

23         9.11.  An increase in hotel or motel facility units by

24  5 percent or 75 units, whichever is greater.

25         10.12.  An increase in a recreational vehicle park area

26  by 5 percent or 100 vehicle spaces, whichever is less.

27         11.13.  A decrease in the area set aside for open space

28  of 5 percent or 20 acres, whichever is less.

29         12.14.  A proposed increase to an approved multiuse

30  development of regional impact where the sum of the increases

31  of each land use as a percentage of the applicable substantial

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  1  deviation criteria is equal to or exceeds 100 percent. The

  2  percentage of any decrease in the amount of open space shall

  3  be treated as an increase for purposes of determining when 100

  4  percent has been reached or exceeded.

  5         13.15.  A 15-percent increase in the number of external

  6  vehicle trips generated by the development above that which

  7  was projected during the original

  8  development-of-regional-impact review.

  9         14.16.  Any change which would result in development of

10  any area which was specifically set aside in the application

11  for development approval or in the development order for

12  preservation or special protection of endangered or threatened

13  plants or animals designated as endangered, threatened, or

14  species of special concern and their habitat, primary dunes,

15  or archaeological and historical sites designated as

16  significant by the Division of Historical Resources of the

17  Department of State.  The further refinement of such areas by

18  survey shall be considered under sub-subparagraph (e)5.b.

19

20  The substantial deviation numerical standards in subparagraphs

21  3.4., 5.6., 8.10., 12.14., excluding residential uses, and

22  13.15., are increased by 100 percent for a project certified

23  under s. 403.973 which creates jobs and meets criteria

24  established by the Office of Tourism, Trade, and Economic

25  Development as to its impact on an area's economy, employment,

26  and prevailing wage and skill levels. The substantial

27  deviation numerical standards in subparagraphs 3.4., 5.6.,

28  7.9., 8.10., 9.11., and 12.14. are increased by 50 percent for

29  a project located wholly within an urban infill and

30  redevelopment area designated on the applicable adopted local

31

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  1  comprehensive plan future land use map and not located within

  2  the coastal high hazard area.

  3         (e)1.  A proposed change which, either individually or,

  4  if there were previous changes, cumulatively with those

  5  changes, is equal to or exceeds 40 percent of any numerical

  6  criterion in subparagraphs (b)1.-13.1.-15., but which does not

  7  exceed such criterion, shall be presumed not to create a

  8  substantial deviation subject to further

  9  development-of-regional-impact review.  The presumption may be

10  rebutted by clear and convincing evidence at the public

11  hearing held by the local government pursuant to subparagraph

12  (f)5.

13         2.  Except for a development order rendered pursuant to

14  subsection (22) or subsection (25), a proposed change to a

15  development order that individually or cumulatively with any

16  previous change is less than 40 percent of any numerical

17  criterion contained in subparagraphs (b)1.-13.1.-15. and does

18  not exceed any other criterion, or that involves an extension

19  of the buildout date of a development, or any phase thereof,

20  of less than 5 years is not subject to the public hearing

21  requirements of subparagraph (f)3., and is not subject to a

22  determination pursuant to subparagraph (f)5.  Notice of the

23  proposed change shall be made to the regional planning council

24  and the state land planning agency. Such notice shall include

25  a description of previous individual changes made to the

26  development, including changes previously approved by the

27  local government, and shall include appropriate amendments to

28  the development order. The following changes, individually or

29  cumulatively with any previous changes, are not substantial

30  deviations:

31

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  1         a.  Changes in the name of the project, developer,

  2  owner, or monitoring official.

  3         b.  Changes to a setback that do not affect noise

  4  buffers, environmental protection or mitigation areas, or

  5  archaeological or historical resources.

  6         c.  Changes to minimum lot sizes.

  7         d.  Changes in the configuration of internal roads that

  8  do not affect external access points.

  9         e.  Changes to the building design or orientation that

10  stay approximately within the approved area designated for

11  such building and parking lot, and which do not affect

12  historical buildings designated as significant by the Division

13  of Historical Resources of the Department of State.

14         f.  Changes to increase the acreage in the development,

15  provided that no development is proposed on the acreage to be

16  added.

17         g.  Changes to eliminate an approved land use, provided

18  that there are no additional regional impacts.

19         h.  Changes required to conform to permits approved by

20  any federal, state, or regional permitting agency, provided

21  that these changes do not create additional regional impacts.

22         i.  Any other change which the state land planning

23  agency agrees in writing is similar in nature, impact, or

24  character to the changes enumerated in sub-subparagraphs a.-h.

25  and which does not create the likelihood of any additional

26  regional impact.

27

28  This subsection does not require a development order amendment

29  for any change listed in sub-subparagraphs a.-i. unless such

30  issue is addressed either in the existing development order or

31  in the application for development approval, but, in the case

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  1  of the application, only if, and in the manner in which, the

  2  application is incorporated in the development order.

  3         3.  Except for the change authorized by

  4  sub-subparagraph 2.f., any addition of land not previously

  5  reviewed or any change not specified in paragraph (b) or

  6  paragraph (c) shall be presumed to create a substantial

  7  deviation.  This presumption may be rebutted by clear and

  8  convincing evidence.

  9         4.  Any submittal of a proposed change to a previously

10  approved development shall include a description of individual

11  changes previously made to the development, including changes

12  previously approved by the local government.  The local

13  government shall consider the previous and current proposed

14  changes in deciding whether such changes cumulatively

15  constitute a substantial deviation requiring further

16  development-of-regional-impact review.

17         5.  The following changes to an approved development of

18  regional impact shall be presumed to create a substantial

19  deviation.  Such presumption may be rebutted by clear and

20  convincing evidence.

21         a.  A change proposed for 15 percent or more of the

22  acreage to a land use not previously approved in the

23  development order.  Changes of less than 15 percent shall be

24  presumed not to create a substantial deviation.

25         b.  Except for the types of uses listed in subparagraph

26  (b)14.16., any change which would result in the development of

27  any area which was specifically set aside in the application

28  for development approval or in the development order for

29  preservation, buffers, or special protection, including

30  habitat for plant and animal species, archaeological and

31  historical sites, dunes, and other special areas.

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  1         c.  Notwithstanding any provision of paragraph (b) to

  2  the contrary, a proposed change consisting of simultaneous

  3  increases and decreases of at least two of the uses within an

  4  authorized multiuse development of regional impact which was

  5  originally approved with three or more uses specified in s.

  6  380.0651(3)(b)(c), (c)(d), (e)(f), and (f)(g) and residential

  7  use.

  8         (24)  STATUTORY EXEMPTIONS.--

  9         (i)  Any proposed facility for the storage of any

10  petroleum product is exempt from the provisions of this

11  section, if such facility is consistent with a local

12  comprehensive plan that is in compliance with s. 163.3177 or

13  is consistent with a comprehensive port master plan that is in

14  compliance with s. 163.3178.

15         (j)  Any development or expansion of an airport or

16  airport-related or aviation-related development is exempt from

17  the provisions of this section.

18         Section 55.  Subsection (3) of section 380.0651,

19  Florida Statutes, is amended to read:

20         380.0651  Statewide guidelines and standards.--

21         (3)  The following statewide guidelines and standards

22  shall be applied in the manner described in s. 380.06(2) to

23  determine whether the following developments shall be required

24  to undergo development-of-regional-impact review:

25         (a)  Airports.--

26         1.  Any of the following airport construction projects

27  shall be a development of regional impact:

28         a.  A new commercial service or general aviation

29  airport with paved runways.

30         b.  A new commercial service or general aviation paved

31  runway.

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  1         c.  A new passenger terminal facility.

  2         2.  Lengthening of an existing runway by 25 percent or

  3  an increase in the number of gates by 25 percent or three

  4  gates, whichever is greater, on a commercial service airport

  5  or a general aviation airport with regularly scheduled flights

  6  is a development of regional impact.  However, expansion of

  7  existing terminal facilities at a nonhub or small hub

  8  commercial service airport shall not be a development of

  9  regional impact.

10         3.  Any airport development project which is proposed

11  for safety, repair, or maintenance reasons alone and would not

12  have the potential to increase or change existing types of

13  aircraft activity is not a development of regional impact.

14  Notwithstanding subparagraphs 1. and 2., renovation,

15  modernization, or replacement of airport airside or terminal

16  facilities that may include increases in square footage of

17  such facilities but does not increase the number of gates or

18  change the existing types of aircraft activity is not a

19  development of regional impact.

20         (a)(b)  Attractions and recreation facilities.--Any

21  sports, entertainment, amusement, or recreation facility,

22  including, but not limited to, a sports arena, stadium,

23  racetrack, tourist attraction, amusement park, or pari-mutuel

24  facility, the construction or expansion of which:

25         1.  For single performance facilities:

26         a.  Provides parking spaces for more than 2,500 cars;

27  or

28         b.  Provides more than 10,000 permanent seats for

29  spectators.

30         2.  For serial performance facilities:

31

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  1         a.  Provides parking spaces for more than 1,000 cars;

  2  or

  3         b.  Provides more than 4,000 permanent seats for

  4  spectators.

  5

  6  For purposes of this subsection, "serial performance

  7  facilities" means those using their parking areas or permanent

  8  seating more than one time per day on a regular or continuous

  9  basis.

10         3.  For multiscreen movie theaters of at least 8

11  screens and 2,500 seats:

12         a.  Provides parking spaces for more than 1,500 cars;

13  or

14         b.  Provides more than 6,000 permanent seats for

15  spectators.

16         (b)(c)  Industrial plants, industrial parks, and

17  distribution, warehousing or wholesaling facilities.--Any

18  proposed industrial, manufacturing, or processing plant, or

19  distribution, warehousing, or wholesaling facility, excluding

20  wholesaling developments which deal primarily with the general

21  public onsite, under common ownership, or any proposed

22  industrial, manufacturing, or processing activity or

23  distribution, warehousing, or wholesaling activity, excluding

24  wholesaling activities which deal primarily with the general

25  public onsite, which:

26         1.  Provides parking for more than 2,500 motor

27  vehicles, excluding those vehicles which may be included in

28  wholesaling facilities' inventory; or

29         2.  Occupies a site greater than 320 acres, or for

30  motor vehicle wholesaling facilities that conduct wholesaling

31

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  1  sales activity no more frequently than an average each year of

  2  3 days per week, occupies a site greater than 500 acres.

  3         (c)(d)  Office development.--Any proposed office

  4  building or park operated under common ownership, development

  5  plan, or management that:

  6         1.  Encompasses 300,000 or more square feet of gross

  7  floor area; or

  8         2.  Has a total site size of 30 or more acres; or

  9         3.  Encompasses more than 600,000 square feet of gross

10  floor area in a county with a population greater than 500,000

11  and only in a geographic area specifically designated as

12  highly suitable for increased threshold intensity in the

13  approved local comprehensive plan and in the strategic

14  regional policy plan.

15         (d)(e)  Port facilities.--The proposed construction of

16  any waterport or marina is required to undergo

17  development-of-regional-impact review, except one designed

18  for:

19         1.a.  The wet storage or mooring of fewer than 150

20  watercraft used exclusively for sport, pleasure, or commercial

21  fishing, or

22         b.  The dry storage of fewer than 200 watercraft used

23  exclusively for sport, pleasure, or commercial fishing, or

24         c.  The wet or dry storage or mooring of fewer than 150

25  watercraft on or adjacent to an inland freshwater lake except

26  Lake Okeechobee or any lake which has been designated an

27  Outstanding Florida Water, or

28         d.  The wet or dry storage or mooring of fewer than 50

29  watercraft of 40 feet in length or less of any type or

30  purpose. The exceptions to this paragraph's requirements for

31  development-of-regional-impact review shall not apply to any

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  1  waterport or marina facility located within or which serves

  2  physical development located within a coastal barrier resource

  3  unit on an unbridged barrier island designated pursuant to 16

  4  U.S.C. s. 3501.

  5

  6  In addition to the foregoing, for projects for which no

  7  environmental resource permit or sovereign submerged land

  8  lease is required, the Department of Environmental Protection

  9  must determine in writing that a proposed marina in excess of

10  10 slips or storage spaces or a combination of the two is

11  located so that it will not adversely impact Outstanding

12  Florida Waters or Class II waters and will not contribute boat

13  traffic in a manner that will have an adverse impact on an

14  area known to be, or likely to be, frequented by manatees. If

15  the Department of Environmental Protection fails to issue its

16  determination within 45 days of receipt of a formal written

17  request, it has waived its authority to make such

18  determination. The Department of Environmental Protection

19  determination shall constitute final agency action pursuant to

20  chapter 120.

21         2.  The dry storage of fewer than 300 watercraft used

22  exclusively for sport, pleasure, or commercial fishing at a

23  marina constructed and in operation prior to July 1, 1985.

24         3.  Any proposed marina development with both wet and

25  dry mooring or storage used exclusively for sport, pleasure,

26  or commercial fishing, where the sum of percentages of the

27  applicable wet and dry mooring or storage thresholds equals

28  100 percent. This threshold is in addition to, and does not

29  preclude, a development from being required to undergo

30  development-of-regional-impact review under sub-subparagraphs

31  1.a. and b. and subparagraph 2.

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  1         (e)(f)  Retail and service development.--Any proposed

  2  retail, service, or wholesale business establishment or group

  3  of establishments which deals primarily with the general

  4  public onsite, operated under one common property ownership,

  5  development plan, or management that:

  6         1.  Encompasses more than 400,000 square feet of gross

  7  area;

  8         2.  Occupies more than 40 acres of land; or

  9         3.  Provides parking spaces for more than 2,500 cars.

10         (f)(g)  Hotel or motel development.--

11         1.  Any proposed hotel or motel development that is

12  planned to create or accommodate 350 or more units; or

13         2.  Any proposed hotel or motel development that is

14  planned to create or accommodate 750 or more units, in a

15  county with a population greater than 500,000, and only in a

16  geographic area specifically designated as highly suitable for

17  increased threshold intensity in the approved local

18  comprehensive plan and in the strategic regional policy plan.

19         (g)(h)  Recreational vehicle development.--Any proposed

20  recreational vehicle development planned to create or

21  accommodate 500 or more spaces.

22         (h)(i)  Multiuse development.--Any proposed development

23  with two or more land uses where the sum of the percentages of

24  the appropriate thresholds identified in chapter 28-24,

25  Florida Administrative Code, or this section for each land use

26  in the development is equal to or greater than 145 percent.

27  Any proposed development with three or more land uses, one of

28  which is residential and contains at least 100 dwelling units

29  or 15 percent of the applicable residential threshold,

30  whichever is greater, where the sum of the percentages of the

31  appropriate thresholds identified in chapter 28-24, Florida

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  1  Administrative Code, or this section for each land use in the

  2  development is equal to or greater than 160 percent.  This

  3  threshold is in addition to, and does not preclude, a

  4  development from being required to undergo

  5  development-of-regional-impact review under any other

  6  threshold.

  7         (j)  Residential development.--No rule may be adopted

  8  concerning residential developments which treats a residential

  9  development in one county as being located in a less populated

10  adjacent county unless more than 25 percent of the development

11  is located within 2 or less miles of the less populated

12  adjacent county.

13         (i)(k)  Schools.--

14         1.  The proposed construction of any public, private,

15  or proprietary postsecondary educational campus which provides

16  for a design population of more than 5,000 full-time

17  equivalent students, or the proposed physical expansion of any

18  public, private, or proprietary postsecondary educational

19  campus having such a design population that would increase the

20  population by at least 20 percent of the design population.

21         2.  As used in this paragraph, "full-time equivalent

22  student" means enrollment for 15 or more quarter hours during

23  a single academic semester.  In area vocational schools or

24  other institutions which do not employ semester hours or

25  quarter hours in accounting for student participation,

26  enrollment for 18 contact hours shall be considered equivalent

27  to one quarter hour, and enrollment for 27 contact hours shall

28  be considered equivalent to one semester hour.

29         3.  This paragraph does not apply to institutions which

30  are the subject of a campus master plan adopted by the Board

31  of Regents pursuant to s. 240.155.

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  1         Section 56.  Paragraph (a) of subsection (12) of

  2  section 163.3180, Florida Statutes, is amended to read:

  3         163.3180  Concurrency.--

  4         (12)  When authorized by a local comprehensive plan, a

  5  multiuse development of regional impact may satisfy the

  6  transportation concurrency requirements of the local

  7  comprehensive plan, the local government's concurrency

  8  management system, and s. 380.06 by payment of a

  9  proportionate-share contribution for local and regionally

10  significant traffic impacts, if:

11         (a)  The development of regional impact meets or

12  exceeds the guidelines and standards of s. 380.0651(3)(h)(i)

13  and rule 28-24.032(2), Florida Administrative Code, and

14  includes a residential component that contains at least 100

15  residential dwelling units or 15 percent of the applicable

16  residential guideline and standard, whichever is greater;

17

18  The proportionate-share contribution may be applied to any

19  transportation facility to satisfy the provisions of this

20  subsection and the local comprehensive plan, but, for the

21  purposes of this subsection, the amount of the

22  proportionate-share contribution shall be calculated based

23  upon the cumulative number of trips from the proposed

24  development expected to reach roadways during the peak hour

25  from the complete buildout of a stage or phase being approved,

26  divided by the change in the peak hour maximum service volume

27  of roadways resulting from construction of an improvement

28  necessary to maintain the adopted level of service, multiplied

29  by the construction cost, at the time of developer payment, of

30  the improvement necessary to maintain the adopted level of

31

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  1  service. For purposes of this subsection, "construction cost"

  2  includes all associated costs of the improvement.

  3         Section 57.  Subsection (20) of section 331.303,

  4  Florida Statutes, is amended to read:

  5         331.303  Definitions.--

  6         (20)  "Spaceport launch facilities" shall be defined as

  7  industrial facilities in accordance with s. 380.0651(3)(b)(c)

  8  and include any launch pad, launch control center, and fixed

  9  launch-support equipment.

10         Section 58.  (1)  Nothing contained in this act

11  abridges or modifies any vested or other right or any duty or

12  obligation pursuant to any development order or agreement

13  which is applicable to a development of regional impact on the

14  effective date of this act. An airport or petroleum storage

15  facility which has received a development-of-regional-impact

16  development order pursuant to s. 380.06, Florida Statutes

17  2000, but is no longer required to undergo

18  development-of-regional-impact review by operation of this

19  act, shall be governed by the following procedures:

20         (a)  The development shall continue to be governed by

21  the development-of-regional-impact development order, and may

22  be completed in reliance upon and pursuant to the development

23  order. The development-of-regional-impact development order

24  may be enforced by the local government as provided by ss.

25  380.06(17) and 380.11, Florida Statutes 2000.

26         (b)  If requested by the developer or landowner, the

27  development-of-regional-impact development order may be

28  amended or rescinded by the local government consistent with

29  the local comprehensive plan and land development regulations

30  and pursuant to the local government procedures governing

31  local development orders.

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  1         (2)  An airport or petroleum storage facility with an

  2  application for development approval pending on the effective

  3  date of this act, or a notification of proposed change pending

  4  on the effective date of this act, may elect to continue such

  5  review pursuant to s. 380.06, Florida Statutes 2000. At the

  6  conclusion of the pending review, including any appeals

  7  pursuant to s. 380.07, Florida Statutes 2000, the resulting

  8  development order shall be governed by the provisions of

  9  subsection (1).

10         Section 59.  If any provision of this act or the

11  application thereof to any person or circumstance is held

12  invalid, the invalidity shall not affect other provisions or

13  applications of the act which can be given effect without the

14  invalid provision or application, and to this end the

15  provisions of this act are declared severable.

16         Section 60.  Subsection (13) is added to section

17  475.011, Florida Statutes, to read:

18         475.011  Exemptions.--This part does not apply to:

19         (13)  Any firm that is under contract with a state or

20  local governmental entity to provide right-of-way acquisition

21  services for property subject to condemnation, or any employee

22  of such a firm, if the compensation for such services is not

23  based upon the value of the property acquired.

24         Section 61.  Subsection (2) of section 479.15, Florida

25  Statutes, is amended to read:

26         479.15  Harmony of regulations.--

27         (2)  A municipality, county, local zoning authority, or

28  other local governmental entity may not remove, or cause to be

29  removed, any lawfully erected sign along any portion of the

30  interstate or federal-aid primary highway system without first

31  paying just compensation for such removal. A local

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  1  governmental entity may not cause in any way the alteration of

  2  any lawfully erected sign located along any portion of the

  3  interstate or federal-aid primary highway system without

  4  payment of just compensation if such alteration constitutes a

  5  taking under state law. The municipality, county, local zoning

  6  authority, or other local government entity promulgating

  7  requirements for such alteration must be responsible for

  8  payment of just compensation to the sign owner if such

  9  alteration constitutes a taking under state law. This

10  subsection applies only to a lawfully erected sign the subject

11  matter of which relates to premises other than the premises on

12  which it is located or to merchandise, services, activities,

13  or entertainment not sold, produced, manufactured, or

14  furnished on the premises on which the sign is located. For

15  the purposes of this subsection, the term "federal-aid primary

16  highway system" means the federal-aid primary highway system

17  in existence on June 1, 1991, and any highway which was not on

18  such system but which is, or hereafter becomes, a part of the

19  National Highway System. This subsection shall not be

20  interpreted as explicit or implicit legislative recognition

21  that alterations do or do not constitute a taking under state

22  law.

23         Section 62.  Section 479.25, Florida Statutes, is

24  created to read:

25         479.25  Application of chapter.--Nothing in this

26  chapter shall prevent a governmental entity from entering into

27  an agreement allowing the height above ground level of a

28  lawfully erected sign to be increased at its permitted

29  location if a noise attenuation barrier, visibility screen, or

30  other highway improvement has been erected in such a way as to

31  screen or block visibility of such a sign; provided, however,

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  1  that for nonconforming signs located on the federal-aid

  2  primary highway system, as such system existed on June 1,

  3  1991, and any highway which was not on such system but which

  4  is, or hereinafter becomes, a part of the National Highway

  5  System, such agreement must be approved by the Federal Highway

  6  Administration. Any increase in height permitted under this

  7  provision shall only be that which is required to achieve the

  8  same degree of visibility from the right-of-way that the sign

  9  had prior to the construction of the noise attenuation

10  barrier, visibility screen, or other highway improvement.

11         Section 63.  Section 70.20, Florida Statutes, is

12  created to read:

13         70.20  Balancing of interests.--It is a policy of this

14  state to encourage municipalities, counties, and other

15  governmental entities and sign owners to enter into relocation

16  and reconstruction agreements that allow governmental entities

17  to undertake public projects and accomplish public goals

18  without the expenditure of public funds, while allowing the

19  continued maintenance of private investment in signage as a

20  medium of commercial and noncommercial communication.

21         (1)  Municipalities, counties, and all other

22  governmental entities are specifically empowered to enter into

23  relocation and reconstruction agreements on whatever terms are

24  agreeable to the sign owner and the municipality, county, or

25  other governmental entity involved and to provide for

26  relocation and reconstruction of signs by agreement,

27  ordinance, or resolution.  As used in this section, a

28  "relocation and reconstruction agreement" means a consensual,

29  contractual agreement between a sign owner and municipality,

30  county, or other governmental entity for either the

31  reconstruction of an existing sign or removal of a sign and

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  1  the construction of a new sign to substitute for the sign

  2  removed.

  3         (2)  Except as otherwise provided in this section, no

  4  municipality, county, or other governmental entity may remove,

  5  or cause to be removed, any lawfully erected sign along any

  6  portion of the interstate, federal-aid primary or other

  7  highway system, or any other road, without first paying just

  8  compensation for such removal as determined by agreement

  9  between the parties or through eminent domain proceedings.

10  Except as otherwise provided in this section, no municipality,

11  county, or other governmental entity may cause in any way the

12  alteration of any lawfully erected sign located along any

13  portion of the interstate, federal-aid primary or other

14  highway system, or any other road, without first paying just

15  compensation for such alteration as determined by agreement

16  between the parties or through eminent domain proceedings. The

17  provisions of this act shall not apply to any ordinance, the

18  validity, constitutionality, and enforceability of which the

19  owner has by written agreement waived all right to challenge.

20         (3)  In the event that a municipality, county, or other

21  governmental entity shall undertake a public project or public

22  goal requiring alteration or removal of any lawfully erected

23  sign, the municipality, county, or other governmental entity

24  shall notify the owner of the affected sign in writing of the

25  public project or goal and of the intention of the

26  municipality, county, or other governmental entity to seek

27  such removal.  Within 30 days after receipt of the notice, the

28  owner of the sign and the municipality, county, or other

29  governmental entity shall attempt to meet for purposes of

30  negotiating and executing a relocation and reconstruction

31  agreement provided for in subsection (1).

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  1         (4)  If the parties fail to enter into a relocation and

  2  reconstruction agreement within 120 days after the initial

  3  notification by the municipality, county, or other

  4  governmental entity, either party may request mandatory

  5  nonbinding arbitration to resolve the disagreements among the

  6  parties.  Each party shall select an arbitrator, and the

  7  individuals so selected shall choose a third arbitrator.  The

  8  three arbitrators shall constitute the panel that shall

  9  arbitrate the dispute between the parties and at the

10  conclusion of the proceedings shall present to the parties a

11  proposed relocation and reconstruction agreement that the

12  panel believes equitably balances the rights, interests,

13  obligations, and reasonable expectations of the parties.  If

14  the municipality, county, or other governmental entity and the

15  sign owner accept the proposed relocation and reconstruction

16  agreement, the municipality, county, or other governmental

17  entity and sign owner shall each pay its respective costs of

18  arbitration and shall pay one-half of the costs of the

19  arbitration panel, unless the parties otherwise agree.

20         (5)  If the parties do not enter into a relocation and

21  reconstruction agreement, the municipality, county, or other

22  governmental entity may proceed with the public project or

23  purpose and the alteration or removal of the sign only after

24  first paying just compensation for such alteration or removal

25  as determined by agreement between the parties or through

26  eminent domain proceedings.

27         (6)  The requirement by a municipality, county, or

28  other governmental entity that a lawfully erected sign be

29  removed or altered as a condition precedent to the issuance or

30  continued effectiveness of a development order constitutes a

31  compelled removal that is prohibited without prior payment of

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  1  just compensation under subsection (2).  This subsection does

  2  not apply when the owner of the land on which the sign is

  3  located is seeking to have the property redesignated on the

  4  future land use map of the applicable comprehensive plan for

  5  exclusively single-family residential use.

  6         (7)  The requirement by a municipality, county, or

  7  other governmental entity that a lawfully erected sign be

  8  altered or removed from the premises upon which it is located

  9  incident to the voluntary acquisition of such property by a

10  municipality, county, or other governmental entity constitutes

11  a compelled removal which is prohibited without payment of

12  just compensation under subsection (2).

13         (8)  Nothing in this section shall prevent a

14  municipality, county, or other governmental entity from

15  acquiring a lawfully erected sign through eminent domain or

16  from prospectively regulating the placement, size, height, or

17  other aspects of new signs within such entity's jurisdiction,

18  including the prohibition of new signs, unless otherwise

19  authorized pursuant to this section.  Nothing in this section

20  shall impair any ordinance or provision of any ordinance not

21  inconsistent with this section, nor shall this section create

22  any new rights for any party other than the owner of a sign,

23  the owner of the land upon which it is located, or a

24  municipality, county, or other governmental entity as

25  expressed in this section.

26         (9)  This section applies only to a lawfully erected

27  sign the subject matter of which relates to premises other

28  than the premises on which it is located or to merchandise,

29  services, activities, or entertainment not sold, produced,

30  manufactured, or furnished on the premises on which the sign

31  is located.

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  1         (10)  This section does not apply to any actions taken

  2  by the Florida Department of Transportation which relate to

  3  the operation, maintenance, or expansion of transportation

  4  facilities, and this section does not affect existing law

  5  regarding eminent domain relating to the Florida Department of

  6  Transportation.

  7         (11)  Nothing in this act shall impair or affect any

  8  written agreement existing prior to the effective date of this

  9  act, including, but not limited to, any settlement agreements

10  reliant upon the legality or enforceability of local

11  ordinances. The provisions of this act shall not apply to any

12  dispute between a municipality or county and a sign owner

13  where the amortization period has expired and judicial

14  proceedings were commenced on or before May 1, 1997, to

15  determine the rights, interests, obligations and reasonable

16  expectations of the parties to the dispute, nor shall the

17  provisions of this act apply to any signs that are required to

18  be removed by a date certain in areas designated by local

19  ordinance as view corridors if the local ordinance creating

20  the view corridors was enacted in part to effectuate a

21  consensual agreement between the local government and two or

22  more sign owners prior to the effective date of this act.

23         (12)  The provisions of this section shall not apply

24  until July 1, 2002, to any dispute between a municipality or

25  county and a sign owner where the amortization period has

26  expired and judicial proceedings are pending and the dispute

27  is not otherwise exempt by subsection (11).

28         Section 64.  Paragraph (b) of subsection (1) of section

29  496.425, Florida Statutes, is amended to read:

30         496.425  Solicitation of funds within public

31  transportation facilities.--

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  1         (1)  As used in this section:

  2         (b)  "Facility" means any public transportation

  3  facility, including, but not limited to, railroad stations,

  4  bus stations, ship ports, ferry terminals, or roadside welcome

  5  stations, highway service plazas, airports served by scheduled

  6  passenger service, or highway rest stations.

  7         Section 65.  Section 496.4256, Florida Statutes, is

  8  created to read:

  9         496.4256  Public transportation facilities not required

10  to grant permit or access.--A governmental entity or authority

11  that owns or operates welcome centers, wayside parks, service

12  plazas, or rest areas on the state highway system as defined

13  in chapter 335 may not be required to issue a permit or grant

14  any person access to such public transportation facilities for

15  the purpose of soliciting funds.

16         Section 66.  Section 337.408, Florida Statutes, is

17  amended to read:

18         337.408  Regulation of benches, transit shelters,

19  street light poles, and waste disposal receptacles within

20  rights-of-way.--

21         (1)  Benches or transit shelters, including advertising

22  displayed on benches or transit shelters, may be installed

23  within the right-of-way limits of any municipal, county, or

24  state road, except a limited access highway; provided that

25  such benches or transit shelters are for the comfort or

26  convenience of the general public, or at designated stops on

27  official bus routes; and, provided further, that written

28  authorization has been given to a qualified private supplier

29  of such service by the municipal government within whose

30  incorporated limits such benches or transit shelters are

31  installed, or by the county government within whose

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  1  unincorporated limits such benches or transit shelters are

  2  installed. A municipality or county may authorize the

  3  installation, with or without public bid, of benches and

  4  transit shelters together with advertising displayed thereon,

  5  within the right-of-way limits of such roads. Any contract for

  6  the installation of benches or transit shelters or advertising

  7  on benches or transit shelters which was entered into before

  8  April 8, 1992, without public bidding, is ratified and

  9  affirmed. Such benches or transit shelters may not interfere

10  with right-of-way preservation and maintenance. Any bench or

11  transit shelter located on a sidewalk within the right-of-way

12  limits of any road on the State Highway System or the county

13  road system shall be located so as to leave at least 36 inches

14  clearance for pedestrians and persons in wheelchairs. Such

15  clearance shall be measured in a direction perpendicular to

16  the centerline of the road.

17         (2)  Waste disposal receptacles the interior collection

18  container volume of which is less than 110 gallons in

19  capacity, including advertising displayed on such waste

20  disposal receptacles, may be installed within the right-of-way

21  limits of any municipal, county, or state road, except a

22  limited access highway; provided that written authorization

23  has been given to a qualified private supplier of such service

24  by the appropriate municipal or county government. A

25  municipality or county may authorize the installation, with or

26  without public bid, of waste disposal receptacles together

27  with advertising displayed thereon within the right-of-way

28  limits of such roads. Such waste disposal receptacles may not

29  interfere with right-of-way preservation and maintenance.

30         (3)  The department has the authority to direct the

31  immediate relocation or removal of any bench, transit shelter,

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  1  or waste disposal receptacle which endangers life or property,

  2  except that transit bus benches which have been placed in

  3  service prior to April 1, 1992, do not have to comply with

  4  bench size and advertising display size requirements which

  5  have been established by the department prior to March 1,

  6  1992.  Any transit bus bench that was in service prior to

  7  April 1, 1992, may be replaced with a bus bench of the same

  8  size or smaller, if the bench is damaged or destroyed or

  9  otherwise becomes unusable. As  of July 1, 2001, the

10  department, municipality, or county may direct the removal of

11  any bench, transit shelter, or waste disposal receptacle, or

12  advertisement thereon, if the department, municipality, or

13  county determines that the bench, transit shelter, or waste

14  disposal receptacle is structurally unsound or in visible

15  disrepair.

16         (4)  No bench, transit shelter, or waste disposal

17  receptacle, or advertising thereon, shall be erected or so

18  placed on the right-of-way of any road which conflicts with

19  the requirements of federal law, regulations, or safety

20  standards, thereby causing the state or any political

21  subdivision the loss of federal funds. Competition among

22  persons seeking to provide bench, transit shelter, or waste

23  disposal receptacle services or advertising on such benches,

24  shelters, or receptacles may be regulated, restricted, or

25  denied by the appropriate local government entity consistent

26  with the provisions of this section.

27         (5)  Street light poles, including attached public

28  service messages and advertisements, may be located within the

29  right-of-way limits of municipal and county roads in the same

30  manner as benches, transit shelters, and waste receptacles, as

31  provided in this section and in accordance with municipal and

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  1  county ordinances. Public service messages and advertising may

  2  be installed on street light poles on roads on the State

  3  Highway System in accordance with height, size, setback,

  4  spacing distance, duration of display, safety, traffic

  5  control, and permitting requirements established by

  6  administrative rule of the Department of Transportation. The

  7  department shall have authority to establish administrative

  8  rules to implement this subsection. No advertising on light

  9  poles shall be permitted on the Interstate Highway System. No

10  permanent structures carrying advertisements attached to light

11  poles shall be permitted on the National Highway System.

12         (6)(5)  Wherever the provisions of this section are

13  inconsistent with other provisions of this chapter or with the

14  provisions of chapter 125, chapter 335, chapter 336, or

15  chapter 479, the provisions of this section shall prevail.

16         Section 67.  Subsection (10) of section 768.28, Florida

17  Statutes, is amended to read:

18         768.28  Waiver of sovereign immunity in tort actions;

19  recovery limits; limitation on attorney fees; statute of

20  limitations; exclusions; indemnification; risk management

21  programs.--

22         (10)(a)  Health care providers or vendors, or any of

23  their employees or agents, that have contractually agreed to

24  act as agents of the Department of Corrections to provide

25  health care services to inmates of the state correctional

26  system shall be considered agents of the State of Florida,

27  Department of Corrections, for the purposes of this section,

28  while acting within the scope of and pursuant to guidelines

29  established in said contract or by rule.  The contracts shall

30  provide for the indemnification of the state by the agent for

31

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  1  any liabilities incurred up to the limits set out in this

  2  chapter.

  3         (b)  This subsection shall not be construed as

  4  designating persons providing contracted health care services

  5  to inmates as employees or agents of the state for the

  6  purposes of chapter 440.

  7         (c)  For purposes of this section, regional poison

  8  control centers created in accordance with s. 395.1027 and

  9  coordinated and supervised under the Division of Children's

10  Medical Services Prevention and Intervention of the Department

11  of Health, or any of their employees or agents, shall be

12  considered agents of the State of Florida, Department of

13  Health. Any contracts with poison control centers must

14  provide, to the extent permitted by law, for the

15  indemnification of the state by the agency for any liabilities

16  incurred up to the limits set out in this chapter.

17         (d)  For the purposes of this section, operators of

18  rail services and providers of security for rail services, or

19  any of their employees or agents, that have contractually

20  agreed to act as agents of the Tri-County Commuter Rail

21  Authority to operate rail services or provide security for

22  rail services, shall be considered agents of the State of

23  Florida while acting within the scope of and pursuant to

24  guidelines established in said contract or by rule.  The

25  contract shall provide for the indemnification of the state by

26  the agent for any liability incurred up to the limits set out

27  in this chapter.

28         Section 68.  Section 337.025, Florida Statutes, is

29  amended to read:

30         337.025  Innovative highway projects; department to

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

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  1  a program for highway projects demonstrating innovative

  2  techniques of highway construction, maintenance, and finance

  3  which have the intended effect of controlling time and cost

  4  increases on construction projects.  Such techniques may

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

  6  for pavement, safety, and other aspects of highway

  7  construction and maintenance; innovative bidding and financing

  8  techniques; accelerated construction procedures; and those

  9  techniques that have the potential to reduce project life

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

11  must use the existing process to award and administer

12  construction and maintenance contracts.  When specific

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

14  required to adhere to those provisions of law that would

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

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

17  innovative technique that is inconsistent with another

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

19  need for the exception and identify what benefits the

20  traveling public and the affected community are anticipated to

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

22  million in contracts annually for the purposes authorized by

23  this section. However, the annual cap on contracts provided in

24  this section shall not apply to turnpike enterprise projects

25  nor shall turnpike enterprise projects be counted toward the

26  department's annual cap.

27         Section 69.  Paragraph (c) of subsection (3) of section

28  337.11, Florida Statutes, is amended to read:

29         337.11  Contracting authority of department; bids;

30  emergency repairs, supplemental agreements, and change orders;

31

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  1  combined design and construction contracts; progress payments;

  2  records; requirements of vehicle registration.--

  3         (3)

  4         (c)  No advertisement for bids shall be published and

  5  no bid solicitation notice shall be provided until title to

  6  all necessary rights-of-way and easements for the construction

  7  of the project covered by such advertisement or notice has

  8  vested in the state or a local governmental entity, and all

  9  railroad crossing and utility agreements have been executed.

10  The turnpike enterprise is exempt from this paragraph for a

11  turnpike enterprise project. Title to all necessary

12  rights-of-way shall be deemed to have been vested in the State

13  of Florida when such title has been dedicated to the public or

14  acquired by prescription.

15         Section 70.  Subsection (7) of section 338.165, Florida

16  Statutes, is amended to read:

17         338.165  Continuation of tolls.--

18         (7)  This section does not apply to the turnpike system

19  as defined under the Florida Turnpike Enterprise Law.

20         Section 71.  Section 338.22, Florida Statutes, is

21  amended to read:

22         338.22  Florida Turnpike Enterprise Law; short

23  title.--Sections 338.22-338.241 may be cited as the "Florida

24  Turnpike Enterprise Law."

25         Section 72.  Section 338.221, Florida Statutes, is

26  amended to read:

27         338.221  Definitions of terms used in ss.

28  338.22-338.241.--As used in ss. 338.22-338.241, the following

29  words and terms have the following meanings, unless the

30  context indicates another or different meaning or intent:

31

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  1         (1)  "Bonds" or "revenue bonds" means notes, bonds,

  2  refunding bonds or other evidences of indebtedness or

  3  obligations, in either temporary or definitive form, issued by

  4  the Division of Bond Finance on behalf of the department and

  5  authorized under the provisions of ss. 338.22-338.241 and the

  6  State Bond Act.

  7         (2)  "Cost," as applied to a turnpike project, includes

  8  the cost of acquisition of all land, rights-of-way, property,

  9  easements, and interests acquired by the department for

10  turnpike project construction; the cost of such construction;

11  the cost of all machinery and equipment, financing charges,

12  fees, and expenses related to the financing; establishment of

13  reserves to secure bonds; interest prior to and during

14  construction and for such period after completion of

15  construction as shall be determined by the department; the

16  cost of traffic estimates and of engineering and legal

17  expenses, plans, specifications, surveys, estimates of cost

18  and revenues; other expenses necessary or incident to

19  determining the feasibility or practicability of acquiring or

20  constructing any such turnpike project; administrative

21  expenses; and such other expenses as may be necessary or

22  incident to the acquisition or construction of a turnpike

23  project, the financing of such acquisition or construction,

24  and the placing of the turnpike project in operation.

25         (3)  "Feeder road" means any road no more than 5 miles

26  in length, connecting to the turnpike system which the

27  department determines is necessary to create or facilitate

28  access to a turnpike project.

29         (4)  "Owner" includes any person or any governmental

30  entity that has title to, or an interest in, any property,

31

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  1  right, easement, or interest authorized to be acquired

  2  pursuant to ss. 338.22-338.241.

  3         (5)  "Revenues" means all tolls, charges, rentals,

  4  gifts, grants, moneys, and other funds coming into the

  5  possession, or under the control, of the department by virtue

  6  of the provisions hereof, except the proceeds from the sale of

  7  bonds issued under ss. 338.22-338.241.

  8         (6)  "Turnpike system" means those limited access toll

  9  highways and associated feeder roads and other structures,

10  appurtenances, or rights previously designated, acquired, or

11  constructed pursuant to the Florida Turnpike Enterprise Law

12  and such other additional turnpike projects as may be acquired

13  or constructed as approved by the Legislature.

14         (7)  "Turnpike improvement" means any betterment

15  necessary or desirable for the operation of the turnpike

16  system, including, but not limited to, widenings, the addition

17  of interchanges to the existing turnpike system, resurfacings,

18  toll plazas, machinery, and equipment.

19         (8)  "Economically feasible" for a proposed turnpike

20  project means that the revenues of the project in combination

21  with those of the existing turnpike system are sufficient to

22  service the debt of the outstanding turnpike bonds to

23  safeguard investors.:

24         (a)  For a proposed turnpike project, that, as

25  determined by the department before the issuance of revenue

26  bonds for the project, the estimated net revenues of the

27  proposed turnpike project, excluding feeder roads and turnpike

28  improvements, will be sufficient to pay at least 50 percent of

29  the debt service on the bonds by the end of the 5th year of

30  operation and to pay at least 100 percent of the debt service

31  on the bonds by the end of the 15th year of operation. In

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  1  implementing this paragraph, up to 50 percent of the adopted

  2  work program costs of the project may be funded from turnpike

  3  revenues.

  4         (b)  For turnpike projects, except for feeder roads and

  5  turnpike improvements, financed from revenues of the turnpike

  6  system, such project, or such group of projects, originally

  7  financed from revenues of the turnpike system, that the

  8  project is expected to generate sufficient revenues to

  9  amortize project costs within 15 years of opening to traffic.

10

11  This subsection does not prohibit the pledging of revenues

12  from the entire turnpike system to bonds issued to finance or

13  refinance a turnpike project or group of turnpike projects.

14         (9)  "Turnpike project" means any extension to or

15  expansion of the existing turnpike system and new limited

16  access toll highways and associated feeder roads and other

17  structures, interchanges, appurtenances, or rights as may be

18  approved in accordance with the Florida Turnpike Enterprise

19  Law.

20         (10)  "Statement of environmental feasibility" means a

21  statement by the Department of Environmental Protection of the

22  project's significant environmental impacts.

23         Section 73.  Section 338.2215, Florida Statutes, is

24  created to read:

25         338.2215  Florida Turnpike Enterprise; legislative

26  findings, policy, purpose, and intent.--It is the intent of

27  the Legislature that the turnpike enterprise be provided

28  additional powers and authority in order to maximize the

29  advantages obtainable through fully leveraging the Florida

30  Turnpike System asset.  The additional powers and authority

31  will provide the turnpike enterprise with the autonomy and

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  1  flexibility to enable it to more easily pursue innovations as

  2  well as best practices found in the private sector in

  3  management, finance, organization, and operations. The

  4  additional powers and authority are intended to improve

  5  cost-effectiveness and timeliness of project delivery,

  6  increase revenues, expand the turnpike system's capital

  7  program capability, and improve the quality of service to its

  8  patrons, while continuing to protect the turnpike system's

  9  bondholders and further preserve, expand, and improve the

10  Florida Turnpike System.

11         Section 74.  Section 338.2216, Florida Statutes, is

12  created to read:

13         338.2216  Florida Turnpike Enterprise; powers and

14  authority.--

15         (1)(a)  In addition to the powers granted to the

16  department, the Florida Turnpike Enterprise has full authority

17  to exercise all powers granted to it under this chapter.

18  Powers shall include, but are not limited to, the ability to

19  plan, construct, maintain, repair, and operate the Florida

20  Turnpike System.

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

22  Florida Turnpike Enterprise be authorized to plan, develop,

23  own, purchase, lease, or otherwise acquire, demolish,

24  construct, improve, relocate, equip, repair, maintain,

25  operate, and manage the Florida Turnpike System; to expend

26  funds to publicize, advertise, and promote the advantages of

27  using the turnpike system and its facilities; and to

28  cooperate, coordinate, partner, and contract with other

29  entities, public and private, to accomplish these purposes.

30         (c)  The executive director of the turnpike enterprise

31  shall appoint a staff, which shall be exempt from part II of

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  1  chapter 110.  The fiscal functions of the turnpike enterprise,

  2  including those arising under chapters 216, 334, and 339,

  3  shall be managed by the turnpike enterprise chief financial

  4  officer, who shall possess qualifications similar to those of

  5  the department comptroller.

  6         (2)(a)  The department shall have the authority to

  7  employ procurement methods available to the Department of

  8  Management Services under chapters 255 and 287 and under any

  9  rule adopted under such chapters solely for the benefit of the

10  turnpike enterprise. In order to enhance the effective and

11  efficient operation of the turnpike enterprise, the department

12  may adopt rules for procurement procedures alternative to

13  chapters 255, 287, and 337.

14         (3)(a)  The turnpike enterprise shall be a single

15  budget entity and shall develop a budget pursuant to chapter

16  216.  The turnpike enterprise's budget shall be submitted to

17  the Legislature along with the department's budget.

18         (b)  Notwithstanding the provisions of s. 216.301 to

19  the contrary and in accordance with s. 216.351, the Executive

20  Office of the Governor shall, on July 1 of each year, certify

21  forward all unexpended funds appropriated or provided pursuant

22  to this section for the turnpike enterprise.  Of the

23  unexpended funds certified forward, any unencumbered amounts

24  shall be carried forward.  Such funds carried forward shall

25  not exceed 5 percent of the total operating budget of the

26  turnpike enterprise.  Funds carried forward pursuant to this

27  section may be used for any lawful purpose, including, but not

28  limited to, promotional and market activities, technology,

29  training, and salary bonuses.  Any certified forward funds

30  remaining undisbursed on December 31 of each year shall be

31  carried forward.

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  1         (4)  The powers conferred upon the turnpike enterprise

  2  under ss. 338.22-338.241 shall be in addition and supplemental

  3  to the existing powers of the department and the turnpike

  4  enterprise, and these powers shall not be construed as

  5  repealing any provision of any other law, general or local,

  6  but shall supersede such other laws that are inconsistent with

  7  the exercise of the powers provided under ss. 338.22-338.241

  8  and provide a complete method for the exercise of such powers

  9  granted.

10         Section 75.  Subsection (4) of section 338.223, Florida

11  Statutes, is amended to read:

12         338.223  Proposed turnpike projects.--

13         (4)  The department is authorized, with the approval of

14  the Legislature, to use federal and state transportation funds

15  to lend or pay a portion of the operating, maintenance, and

16  capital costs of turnpike projects. Federal and state

17  transportation funds included in an adopted work program, or

18  the General Appropriations Act, for a turnpike project do not

19  have to be reimbursed to the State Transportation Trust Fund,

20  or used in determining the economic feasibility of the

21  proposed project. For operating and maintenance loans, the

22  maximum net loan amount in any fiscal year shall not exceed

23  1.5 0.5 percent of state transportation tax revenues for that

24  fiscal year.

25         Section 76.  Subsection (2) of section 338.227, Florida

26  Statutes, is amended to read:

27         338.227  Turnpike revenue bonds.--

28         (2)  The proceeds of the bonds of each issue shall be

29  used solely for the payment of the cost of the turnpike

30  projects for which such bonds shall have been issued, except

31  as provided in the State Bond Act.  Such proceeds shall be

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  1  disbursed and used as provided by ss. 338.22-338.241 and in

  2  such manner and under such restrictions, if any, as the

  3  Division of Bond Finance may provide in the resolution

  4  authorizing the issuance of such bonds or in the trust

  5  agreement hereinafter mentioned securing the same.  All

  6  revenues and bond proceeds from the turnpike system received

  7  by the department pursuant to ss. 338.22-338.241, the Florida

  8  Turnpike Enterprise Law, shall be used only for the cost of

  9  turnpike projects and turnpike improvements and for the

10  administration, operation, maintenance, and financing of the

11  turnpike system. No revenues or bond proceeds from the

12  turnpike system shall be spent for the operation, maintenance,

13  construction, or financing of any project which is not part of

14  the turnpike system.

15         Section 77.  Subsection (2) of section 338.2275,

16  Florida Statutes, is amended to read:

17         338.2275  Approved turnpike projects.--

18         (2)  The department is authorized to use turnpike

19  revenues, the State Transportation Trust Fund moneys allocated

20  for turnpike projects pursuant to s. 338.001, federal funds,

21  and bond proceeds, and shall use the most cost-efficient

22  combination of such funds, in developing a financial plan for

23  funding turnpike projects.  The department must submit a

24  report of the estimated cost for each ongoing turnpike project

25  and for each planned project to the Legislature 14 days before

26  the convening of the regular legislative session. Verification

27  of economic feasibility and statements of environmental

28  feasibility for individual turnpike projects must be based on

29  the entire project as approved.  Statements of environmental

30  feasibility are not required for those projects listed in s.

31  12, chapter 90-136, Laws of Florida, for which the Project

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  1  Development and Environmental Reports were completed by July

  2  1, 1990.  All required environmental permits must be obtained

  3  before The department may advertise for bids for contracts for

  4  the construction of any turnpike project prior to obtaining

  5  required environmental permits.

  6         Section 78.  Section 338.234, Florida Statutes, is

  7  amended to read:

  8         338.234  Granting concessions or selling along the

  9  turnpike system.--

10         (1)  The department may enter into contracts or

11  licenses with any person for the sale of grant concessions or

12  sell services or products or business opportunities on along

13  the turnpike system, or the turnpike enterprise may sell

14  services, products, or business opportunities on the turnpike

15  system, which benefit the traveling public or provide

16  additional revenue to the turnpike system. Services, business

17  opportunities, and products authorized to be sold include, but

18  are not limited to, the sale of motor fuel, vehicle towing,

19  and vehicle maintenance services; the sale of food with

20  attendant nonalcoholic beverages; lodging, meeting rooms, and

21  other business services opportunities; advertising and other

22  promotional opportunities, which advertising and promotions

23  must be consistent with the dignity and integrity of the

24  state; the sale of state lottery tickets sold by authorized

25  retailers; games and amusements that the granting of

26  concessions for amusement devices which operate by the

27  application of skill, not including games of chance as defined

28  in s. 849.16 or other illegal gambling games; the sale of

29  Florida citrus, goods promoting the state, or handmade goods

30  produced within the state; and the granting of concessions for

31  equipment which provides travel information, or tickets,

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  1  reservations, or other related services; and the granting of

  2  concessions which provide banking and other business services.

  3  The department may also provide information centers on the

  4  plazas for the benefit of the public.

  5         (2)  The department may provide an opportunity for

  6  governmental agencies to hold public events at turnpike plazas

  7  which educate the traveling public as to safety, travel, and

  8  tourism.

  9         Section 79.  Subsection (3) of section 338.235, Florida

10  Statutes, is amended to read:

11         338.235  Contracts with department for provision of

12  services on the turnpike system.--

13         (3)  The department may enter into contracts or

14  agreements, with or without competitive bidding or

15  procurement, to make available, on a fair, reasonable,

16  nonexclusive, and nondiscriminatory basis, turnpike property

17  and other turnpike structures, for the placement of wireless

18  facilities by any wireless provider of mobile services as

19  defined in 47 U.S.C. s. 153(n) or s. 332(d), and any

20  telecommunications company as defined in s. 364.02 when it is

21  determined to be practical and feasible to make such property

22  or structures available. The department may, without adopting

23  a rule, charge a just, reasonable, and nondiscriminatory fee

24  for placement of the facilities, payable annually, based on

25  the fair market value of space used by comparable

26  communications facilities in the state. The department and a

27  wireless provider may negotiate the reduction or elimination

28  of a fee in consideration of goods or services service

29  provided to the department by the wireless provider. All such

30  fees collected by the department shall be deposited directly

31

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  1  into the State Agency Law Enforcement Radio System Trust Fund

  2  and may be used to construct, maintain, or support the system.

  3         Section 80.  Subsection (2) of section 338.239, Florida

  4  Statutes, is amended to read:

  5         338.239  Traffic control on the turnpike system.--

  6         (2)  Members of the Florida Highway Patrol are vested

  7  with the power, and charged with the duty, to enforce the

  8  rules of the department. Approved expenditures Expenses

  9  incurred by the Florida Highway Patrol in carrying out its

10  powers and duties under ss. 338.22-338.241 may be treated as a

11  part of the cost of the operation of the turnpike system, and

12  the Department of Highway Safety and Motor Vehicles shall be

13  reimbursed by the turnpike enterprise Department of

14  Transportation for such expenses incurred on the turnpike

15  system mainline, which is that part of the turnpike system

16  extending from the southern terminus in Florida City to the

17  northern terminus in Wildwood including all contiguous

18  sections. Florida Highway Patrol Troop K shall be

19  headquartered with the turnpike enterprise and shall be the

20  official and preferred law enforcement troop for the turnpike

21  system. The Department of Highway Safety and Motor Vehicles

22  may, upon request of the executive director of the turnpike

23  enterprise and approval of the Legislature, increase the

24  number of authorized positions for Troop K, or the executive

25  director of the turnpike enterprise may contract with the

26  Department of Highway Safety and Motor Vehicles for additional

27  troops to patrol the turnpike system.

28         Section 81.  Section 338.241, Florida Statutes, is

29  amended to read:

30         338.241  Cash reserve requirement.--The budget for the

31  turnpike system shall be so planned as to provide for a cash

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  1  reserve at the end of each fiscal year of not less than 5 10

  2  percent of the unpaid balance of all turnpike system

  3  contractual obligations, excluding bond obligations, to be

  4  paid from revenues.

  5         Section 82.  Section 338.251, Florida Statutes, is

  6  amended to read:

  7         338.251  Toll Facilities Revolving Trust Fund.--The

  8  Toll Facilities Revolving Trust Fund is hereby created for the

  9  purpose of encouraging the development and enhancing the

10  financial feasibility of revenue-producing road projects

11  undertaken by local governmental entities in a county or

12  combination of contiguous counties and the turnpike

13  enterprise.

14         (1)  The department is authorized to advance funds for

15  preliminary engineering, traffic and revenue studies,

16  environmental impact studies, financial advisory services,

17  engineering design, right-of-way map preparation, other

18  appropriate project-related professional services, and

19  advanced right-of-way acquisition to expressway authorities,

20  the turnpike enterprise, counties, or other local governmental

21  entities that desire to undertake revenue-producing road

22  projects.

23         (2)  No funds shall be advanced pursuant to this

24  section unless the following is documented to the department:

25         (a)  The proposed facility is consistent with the

26  adopted transportation plan of the appropriate metropolitan

27  planning organization and the Florida Transportation Plan.

28         (b)  A proposed 2-year budget detailing the use of the

29  cash advance and a project schedule consistent with the

30  budget.

31

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  1         (3)  Prior to receiving any moneys for advance

  2  right-of-way acquisition, it shall be shown that such

  3  right-of-way will substantially appreciate prior to

  4  construction and that savings will result from its advance

  5  purchase.  Any such request for moneys for advance

  6  right-of-way acquisition shall be accompanied by a preliminary

  7  engineering study, environmental impact study, traffic and

  8  revenue study, and right-of-way maps along with either a

  9  negotiated contract for purchase of the right-of-way, such

10  contract to include a clause stating that it is subject to

11  funding by the department or the Legislature, or an appraisal

12  of the subject property for purpose of condemnation

13  proceedings.

14         (4)  Each advance pursuant to this section shall

15  require repayment out of the initial bond issue revenue or, at

16  the discretion of the governmental entity or the turnpike

17  enterprise of the facility, repayment shall begin no later

18  than 7 years after the date of the advance, provided repayment

19  shall be completed no later than 12 years after the date of

20  the advance. However, such election shall be made at the time

21  of the initial bond issue, and, if repayment is to be made

22  during the time period referred to above, a schedule of such

23  repayment shall be submitted to the department.

24         (5)  No amount in excess of $1.5 million annually shall

25  be advanced to any one governmental entity or the turnpike

26  enterprise pursuant to this section without specific

27  appropriation by the Legislature.

28         (6)  Funds may not be advanced for funding final design

29  costs beyond 60 percent completion until an acceptable plan to

30  finance all project costs, including the reimbursement of

31

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  1  outstanding trust fund advances, is approved by the

  2  department.

  3         (7)  The department may advance funds sufficient to

  4  defray shortages in toll revenues of facilities receiving

  5  funds pursuant to this section for the first 5 years of

  6  operation, up to a maximum of $5 million per year, to be

  7  reimbursed to this fund within 5 years of the last advance

  8  hereunder. Any advance under this provision shall require

  9  specific appropriation by the Legislature.

10         (8)  No expressway authority, county, or other local

11  governmental entity, or the turnpike enterprise, shall be

12  eligible to receive any advance under this section if the

13  expressway authority, county, or other local governmental

14  entity or the turnpike enterprise has failed to repay any

15  previous advances as required by law or by agreement with the

16  department.

17         (9)  Repayment of funds advanced, including advances

18  made prior to January 1, 1994, shall not include interest.

19  However, interest accruing to local governmental entities and

20  the turnpike enterprise from the investment of advances shall

21  be paid to the department.

22         Section 83.  Subsection (1) of section 553.80, Florida

23  Statutes, as amended by section 86 of chapter 2000-141, Laws

24  of Florida, is amended to read:

25         553.80  Enforcement.--

26         (1)  Except as provided in paragraphs (a)-(f) (a)-(e),

27  each local government and each legally constituted enforcement

28  district with statutory authority shall regulate building

29  construction and, where authorized in the state agency's

30  enabling legislation, each state agency shall enforce the

31  Florida Building Code required by this part on all public or

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  1  private buildings, structures, and facilities, unless such

  2  responsibility has been delegated to another unit of

  3  government pursuant to s. 553.79(9).

  4         (a)  Construction regulations relating to correctional

  5  facilities under the jurisdiction of the Department of

  6  Corrections and the Department of Juvenile Justice are to be

  7  enforced exclusively by those departments.

  8         (b)  Construction regulations relating to elevator

  9  equipment under the jurisdiction of the Bureau of Elevators of

10  the Department of Business and Professional Regulation shall

11  be enforced exclusively by that department.

12         (c)  In addition to the requirements of s. 553.79 and

13  this section, facilities subject to the provisions of chapter

14  395 and part II of chapter 400 shall have facility plans

15  reviewed and construction surveyed by the state agency

16  authorized to do so under the requirements of chapter 395 and

17  part II of chapter 400 and the certification requirements of

18  the Federal Government.

19         (d)  Building plans approved pursuant to s. 553.77(6)

20  and state-approved manufactured buildings, including buildings

21  manufactured and assembled offsite and not intended for

22  habitation, such as lawn storage buildings and storage sheds,

23  are exempt from local code enforcing agency plan reviews

24  except for provisions of the code relating to erection,

25  assembly, or construction at the site. Erection, assembly, and

26  construction at the site are subject to local permitting and

27  inspections.

28         (e)  Construction regulations governing public schools,

29  state universities, and community colleges shall be enforced

30  as provided in subsection (6).

31

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  1         (f)  Construction regulations relating to

  2  transportation facilities under the jurisdiction of the

  3  turnpike enterprise of the Department of Transportation shall

  4  be enforced exclusively by the turnpike enterprise.

  5

  6  The governing bodies of local governments may provide a

  7  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

  8  and this section, for the enforcement of the provisions of

  9  this part.  Such fees shall be used solely for carrying out

10  the local government's responsibilities in enforcing the

11  Florida Building Code. The authority of state enforcing

12  agencies to set fees for enforcement shall be derived from

13  authority existing on July 1, 1998. However, nothing contained

14  in this subsection shall operate to limit such agencies from

15  adjusting their fee schedule in conformance with existing

16  authority.

17         Section 84.  Section 316.3027 and subsection (3) of

18  section 316.610, Florida Statutes, are repealed.

19         Section 85.  This act shall take effect July 1, 2001.

20

21

22

23

24

25

26

27

28

29

30

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