House Bill hb1053e1
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CS/CS/HB 1053, First Engrossed
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 333.03, F.S.; requiring an airport authority or
4 other governing body operating a publicly owned
5 public-use airport to utilize the most recently
6 approved noise exposure map; amending s. 20.23,
7 F.S.; revising language with respect to the
8 organization of the department; deleting
9 responsibilities assigned to the secretary;
10 providing that the secretary or his or her
11 designee shall submit a report on major actions
12 at each meeting of the Florida Transportation
13 Commission; s. 315.031, F.S.; authorizing
14 certain entertainment expenditures for seaport;
15 revising language with respect to assistant
16 secretaries; creating the Office of
17 Comptroller; deleting language with respect to
18 the inspector general and comptroller; changing
19 the Turnpike District into a turnpike
20 enterprise; giving the Secretary of
21 Transportation the authority to exempt the
22 turnpike enterprise from department policies,
23 procedures, and standards; giving the secretary
24 authority to promulgate rules that will assist
25 the turnpike enterprise in using best business
26 practices; amending s. 110.205, F.S.;
27 correcting cross references, to conform;
28 amending s. 189.441, F.S.; removing an
29 exemption to s. 287.055, F.S.; amending s.
30 206.46, F.S.; revising language with respect to
31 the State Transportation Trust Fund; increasing
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CS/CS/HB 1053, First Engrossed
1 the debt service cap; amending s. 255.20, F.S.;
2 exempting certain transportation projects for
3 certain competitive bidding requirements;
4 amending s. 287.005, F.S.; increasing the
5 amount defining a continuing contract; amending
6 s. 311.07, F.S.; adding seaport security
7 projects to the types of projects eligible for
8 these funds; exempting seaport security
9 projects from matching requirements; amending
10 s. 311.09, F.S.; directing seaports to abide by
11 the provisions of s. 287.055, F.S., related to
12 competitive negotiation; amending s. 316.302,
13 F.S.; revising a date concerning commercial
14 motor vehicles to conform to federal
15 regulations; amending s. 316.3025, F.S.;
16 updating a cross reference to federal trucking
17 regulations; amending s. 316.515, F.S.;
18 deleting a requirement for a department permit
19 with respect to the height of automobile
20 transporters; amending s. 316.535, F.S.; adding
21 weight requirements for certain commercial
22 trucks; amending s. 316.545, F.S.; correcting a
23 cross reference; amending s. 330.27, F.S.;
24 revising definitions relating to aviation;
25 providing definitions; amending s. 316.650,
26 F.S.; requiring the issuance of a copy of the
27 Traffic School Reference Guide with traffic
28 citations; amending s. 318.14, F.S.; deleting
29 reference to a restriction on the number of
30 elections a person may make to attend a basic
31 driver improvement course; amending s.
2
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CS/CS/HB 1053, First Engrossed
1 318.1451, F.S.; providing an assessment fee
2 with respect to driver improvement courses for
3 persons who are ordered by the court to attend
4 and for certain other violations; amending s.
5 322.0261, F.S.; deleting reference to a time
6 period and increasing the amount of damage
7 required with respect to a crash for the
8 screening of certain crash reports; creating s.
9 322.02615, F.S.; providing for mandatory driver
10 improvement courses for certain violations;
11 amending s. 322.05, F.S.; adding a condition
12 for the issuance of a driver's license to
13 certain persons; amending s. 330.29, F.S.;
14 clarifying the department's rulemaking
15 authority with respect to airports; amending s.
16 330.30, F.S.; eliminating airport license fees;
17 revising language with respect to the
18 department's site approval process; eliminating
19 on-site inspections of private airports;
20 creating a registration process for private
21 airports; providing conditions; deleting
22 obsolete language; providing exceptions;
23 amending s. 330.35, F.S.; deleting obsolete
24 language with respect to airport zoning;
25 amending s. 330.36, F.S.; providing conditions
26 under which municipalities may prohibit or
27 otherwise regulate seaplanes; amending s.
28 332.004, F.S.; adding off-airport noise
29 mitigation projects to the projects eligible
30 for federal and state matching funds; amending
31 s. 334.044, F.S.; authorizing the department to
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CS/CS/HB 1053, First Engrossed
1 expend promotional money on scenic highway
2 projects; authorizing the department to
3 delegate its drainage permitting
4 responsibilities to other governmental entities
5 under certain circumstances; amending s.
6 334.193, F.S.; providing for employee bidding
7 by department employees; amending s. 334.30,
8 F.S.; clarifying existing program for
9 public-private transportation projects;
10 deleting requirement for legislative approval
11 except for projects requiring more than $50
12 million from the State Transportation Trust
13 Fund; specifying notice and selection
14 requirements for projects under this section;
15 allowing Internal Revenue Service Code chapter
16 63-20 corporations to participate in these
17 public-private transportation projects;
18 providing conditions for using loans from Toll
19 Facilities Revolving Trust Fund; deleting
20 obsolete language; creating s. 335.066, F.S.;
21 creating the Safe Paths to Schools Program;
22 directing the department to establish the
23 program and to authorize establishment of a
24 grant program for purposes of funding the
25 program; authorizing the department to adopt
26 rules to administer the program; amending s.
27 335.141, F.S.; eliminating the requirement that
28 the department regulate all train speeds;
29 amending s. 336.12, F.S.; creating process for
30 homeowners' associations to be conveyed roads
31 and rights-of-way abandoned by a county
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CS/CS/HB 1053, First Engrossed
1 governing board for the purpose of converting a
2 subdivision to a gated neighborhood; amending
3 s. 336.41, F.S.; clarifying that a contract
4 already qualified by the Department of
5 Transportation is presumed qualified to bid on
6 county road projects; amending s. 336.44, F.S.;
7 replacing the term "competent" with
8 "responsible bidder"; amending s. 337.107,
9 F.S.; authorizing the department to enter into
10 design-build contracts that include
11 right-of-acquisition services; amending s.
12 337.11, F.S.; raising the cap on certain
13 contracts into which the department can enter
14 without first obtaining bids; adding
15 enhancement projects to the types of projects
16 that can be combined into a design-build
17 contract; specifying that construction on
18 design-build projects may not begin until
19 certain conditions have been met; amending s.
20 337.14, F.S.; clarifying that contractors
21 qualified by the Department of Transportation
22 are presumed qualified to bid on projects for
23 expressway authorities; amending s. 337.401,
24 F.S.; providing that for projects on public
25 roads or rail corridors under the department's
26 jurisdiction, a utility relocation schedule and
27 relocation agreement may be executed in lieu of
28 a written permit; amending s. 339.08, F.S.;
29 clarifying language with respect to the use of
30 moneys in the State Transportation Trust Fund;
31 amending s. 339.12, F.S.; providing that local
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CS/CS/HB 1053, First Engrossed
1 governments which perform projects for the
2 department are reimbursed promptly; specifying
3 that certain counties that use revenues from a
4 1-cent local option sales tax for state
5 transportation improvement projects not be
6 penalized by receiving fewer state
7 transportation funds; amending s. 339.135,
8 F.S.; conforming language with respect to the
9 tentative work program; conforming a reference
10 to the turnpike district; amending s. 339.137,
11 F.S.; revising definitions; amending criteria
12 for program eligibility; directing the advisory
13 council to develop methodology for ranking and
14 prioritizing project proposals; directing the
15 Florida Transportation Commission to review the
16 proposed project list before submittal to the
17 Legislature; amending s. 341.051, F.S.;
18 deleting obsolete language; amending s.
19 341.302, F.S.; deleting language requiring the
20 department to perform certain railroad
21 regulation tasks which are federal
22 responsibilities; amending s. 348.0003, F.S.;
23 giving a county governing body authority to set
24 qualifications, terms of office, and
25 obligations for the members of expressway
26 authorities within their jurisdictions;
27 amending ss. 348.0012, 348.754, 348.7543,
28 348.7544, 348.7545, 348.755, and 348.765, F.S.;
29 giving the Orlando-Orange County Expressway
30 Authority the ability to issue bonds, rather
31 than issuance through the state Division of
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CS/CS/HB 1053, First Engrossed
1 Bond Finance; amending s. 373.4137, F.S.;
2 allowing transportation authorities created
3 pursuant to chs. 348 and 349, F.S., to create
4 environmental impact inventories and
5 participate in a mitigation program to offset
6 adverse impacts caused by their transportation
7 projects; amending s. 373.414, F.S.; providing
8 for legislative review of the uniform wetland
9 mitigation assessment method rule; amending s.
10 475.011, F.S.; granting exemption from Florida
11 licensing for certain firms or their employees
12 under contract with the state or a local
13 governmental entity to provide right-of-way
14 acquisition services for property subject to
15 condemnation; amending s. 479.15, F.S.;
16 revising language with respect to harmony of
17 regulations concerning lawfully erected signs;
18 creating s. 479.25, F.S.; authorizing local
19 governments to enter into agreements which
20 allow outdoor signs to be erected above sound
21 barriers; creating s. 70.20, F.S.; creating
22 process for governmental entities and sign
23 owners to enter into relocation and
24 reconstruction agreements related to outdoor
25 advertising signs; providing for just
26 compensation to sign owners under certain
27 conditions; amending s. 496.425, F.S.;
28 redefining the term "facility"; creating s.
29 496.4256, F.S.; providing that a governmental
30 entity or authority that owns or operates
31 welcome centers, wayside parks, service plazas,
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CS/CS/HB 1053, First Engrossed
1 or rest areas on the state highway system are
2 not required to issue a permit to, or grant
3 access to, any person for the purpose of
4 soliciting funds; repealing s. 316.3027, F.S.;
5 relating to identification requirements on
6 certain commercial motor vehicles; amending s.
7 337.408, F.S.; revising language with respect
8 to the regulation of benches, transit shelters,
9 and waste disposal receptacles within
10 rights-of-way; providing for regulation of
11 street light poles; amending s. 380.0651, F.S.;
12 excluding certain wholesaling facilities from
13 development-of-regional-impact review; deleting
14 provision which provides the
15 development-of-regional-impact statewide
16 guidelines and standards for airports; deleting
17 provision which provides for certain
18 residential developments located in one county
19 to be treated as located in an adjacent less
20 populated county; amending s. 768.28, F.S.;
21 providing that certain operators of rail
22 services and providers of security for rail
23 services are agents of the state for certain
24 purposes; providing for indemnification;
25 repealing s. 316.610(3), F.S.; relating to
26 certain inspections of certain commercial motor
27 vehicles; amending s. 337.025, F.S.;
28 eliminating cap on innovative highway projects
29 for the turnpike enterprise; amending s.
30 337.11, F.S.; providing an exemption for a
31 turnpike enterprise project; amending s.
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CS/CS/HB 1053, First Engrossed
1 338.22, F.S.; redesignating the Florida
2 Turnpike Law as the Florida Turnpike Enterprise
3 Law; amending s. 338.221, F.S.; redefining the
4 term "economically feasible" as used with
5 respect to turnpike projects; creating s.
6 338.2215, F.S.; providing legislative findings,
7 policy, purpose, and intent for the Florida
8 Turnpike Enterprise; creating s. 338.2216,
9 F.S.; prescribing the power and authority of
10 the turnpike enterprise; amending s. 338.223,
11 F.S.; increasing the maximum loan amount for
12 the turnpike enterprise; amending ss. 338.165
13 and 338.227, F.S.; conforming provisions;
14 amending s. 338.2275, F.S.; authorizing the
15 turnpike enterprise to advertise for bids for
16 contracts prior to obtaining environmental
17 permits; amending s. 338.234, F.S.; authorizing
18 the turnpike enterprise to expand business
19 opportunities; amending s. 338.235, F.S.;
20 authorizing the consideration of goods instead
21 of fees; amending s. 338.239, F.S.; providing
22 that approved expenditure to the Florida
23 Highway Patrol be paid by the turnpike
24 enterprise; amending s. 338.241, F.S.; lowering
25 the required cash reserve for the turnpike
26 enterprise; amending s. 338.251, F.S.;
27 conforming provisions; amending s. 553.80,
28 F.S.; providing for self-regulation; amending
29 s. 333.06, F.S.; requiring each licensed
30 publicly owned and operated airport to prepare
31 an airport master plan; providing notice to
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CS/CS/HB 1053, First Engrossed
1 affected local governments with respect
2 thereto; amending s. 380.06, F.S., relating to
3 developments of regional impact; removing the
4 rebuttable presumptions with respect to
5 application of the statewide guidelines and
6 standards; removing provisions which specify
7 that certain changes in airport facilities or
8 increases in the storage capacity for chemical
9 or petroleum storage facilities constitute a
10 substantial deviation and require further
11 development-of-regional-impact review;
12 exempting certain proposed facilities for the
13 storage of any petroleum product from
14 development-of-regional-impact requirements;
15 amending ss. 163.3180 and 331.303, F.S.;
16 correcting references; providing application
17 with respect to airports and petroleum storage
18 facilities which have received a
19 development-of-regional-impact development
20 order, or which have an application for
21 development approval or notification of
22 proposed change pending, on the effective date
23 of the act; providing for severability;
24 authorizing a board of county commissioners to
25 require by ordinance that an additional amount
26 be collected with each civil fine and used to
27 fund traffic education and awareness programs;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
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CS/CS/HB 1053, First Engrossed
1 Section 1. Paragraph (e) is added to subsection (2) of
2 section 333.03, Florida Statutes, to read:
3 333.03 Power to adopt airport zoning regulations.--
4 (2) In the manner provided in subsection (1), interim
5 airport land use compatibility zoning regulations shall be
6 adopted. When political subdivisions have adopted land
7 development regulations in accordance with the provisions of
8 chapter 163 which address the use of land in the manner
9 consistent with the provisions herein, adoption of airport
10 land use compatibility regulations pursuant to this subsection
11 shall not be required. Interim airport land use compatibility
12 zoning regulations shall consider the following:
13 (e) Where an airport authority or other governing body
14 operating a publicly owned public-use airport has conducted a
15 noise study in accordance with the provisions of 14 C.F.R.
16 part 150, any county or municipality applying a noise exposure
17 map to a development as defined in s. 163.3164(6) pursuant to
18 its comprehensive plan, a development order, or a development
19 permit, as defined in s. 163.3164(4), (7), and (8),
20 respectively, or any land development regulation as defined in
21 s. 163.3221(7), shall utilize the noise exposure map most
22 recently approved by the Federal Aviation Administration.
23 Section 2. Section 20.23, Florida Statutes, is amended
24 to read:
25 20.23 Department of Transportation.--There is created
26 a Department of Transportation which shall be a decentralized
27 agency.
28 (1)(a)1. The head of the Department of Transportation
29 is the Secretary of Transportation. The secretary shall be
30 appointed by the Governor from among three persons nominated
31 by the Florida Transportation Commission and shall be subject
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CS/CS/HB 1053, First Engrossed
1 to confirmation by the Senate. The secretary shall serve at
2 the pleasure of the Governor.
3 (b)2. The secretary shall be a proven, effective
4 administrator who by a combination of education and experience
5 shall clearly possess a broad knowledge of the administrative,
6 financial, and technical aspects of the development,
7 operation, and regulation of transportation systems and
8 facilities or comparable systems and facilities.
9 (b)1. The secretary shall employ all personnel of the
10 department. He or she shall implement all laws, rules,
11 policies, and procedures applicable to the operation of the
12 department and may not by his or her actions disregard or act
13 in a manner contrary to any such policy. The secretary shall
14 represent the department in its dealings with other state
15 agencies, local governments, special districts, and the
16 Federal Government. He or she shall have authority to sign
17 and execute all documents and papers necessary to carry out
18 his or her duties and the operations of the department. At
19 each meeting of the Florida Transportation Commission, the
20 secretary shall submit a report of major actions taken by him
21 or her as official representative of the department.
22 2. The secretary shall cause the annual department
23 budget request, the Florida Transportation Plan, and the
24 tentative work program to be prepared in accordance with all
25 applicable laws and departmental policies and shall submit the
26 budget, plan, and program to the Florida Transportation
27 Commission. The commission shall perform an in-depth
28 evaluation of the budget, plan, and program for compliance
29 with all applicable laws and departmental policies. If the
30 commission determines that the budget, plan, or program is not
31 in compliance with all applicable laws and departmental
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CS/CS/HB 1053, First Engrossed
1 policies, it shall report its findings and recommendations
2 regarding such noncompliance to the Legislature and the
3 Governor.
4 (c)3. The secretary shall provide to the Florida
5 Transportation Commission or its staff, such assistance,
6 information, and documents as are requested by the commission
7 or its staff to enable the commission to fulfill its duties
8 and responsibilities.
9 (d)(c) The secretary shall appoint two three assistant
10 secretaries who shall be directly responsible to the secretary
11 and who shall perform such duties as are specified in this
12 section and such other duties as are assigned by the
13 secretary. The secretary may delegate to any assistant
14 secretary the authority to act in the absence of the
15 secretary. The department has the authority to adopt rules
16 necessary for the delegation of authority beyond the assistant
17 secretaries. The assistant secretaries shall serve at the
18 pleasure of the secretary.
19 (e)(d) Any secretary appointed after July 5, 1989, and
20 the assistant secretaries shall be exempt from the provisions
21 of part III of chapter 110 and shall receive compensation
22 commensurate with their qualifications and competitive with
23 compensation for comparable responsibility in the private
24 sector. When the salary of any assistant secretary exceeds
25 the limits established in part III of chapter 110, the
26 Governor shall approve said salary.
27 (2)(a)1. The Florida Transportation Commission is
28 hereby created and shall consist of nine members appointed by
29 the Governor subject to confirmation by the Senate. Members
30 of the commission shall serve terms of 4 years each.
31
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CS/CS/HB 1053, First Engrossed
1 2. Members shall be appointed in such a manner as to
2 equitably represent all geographic areas of the state. Each
3 member must be a registered voter and a citizen of the state.
4 Each member of the commission must also possess business
5 managerial experience in the private sector.
6 3. A member of the commission shall represent the
7 transportation needs of the state as a whole and may not
8 subordinate the needs of the state to those of any particular
9 area of the state.
10 4. The commission is assigned to the Office of the
11 Secretary of the Department of Transportation for
12 administrative and fiscal accountability purposes, but it
13 shall otherwise function independently of the control and
14 direction of the department.
15 (b) The commission shall have the primary functions
16 to:
17 1. Recommend major transportation policies for the
18 Governor's approval, and assure that approved policies and any
19 revisions thereto are properly executed.
20 2. Periodically review the status of the state
21 transportation system including highway, transit, rail,
22 seaport, intermodal development, and aviation components of
23 the system and recommend improvements therein to the Governor
24 and the Legislature.
25 3. Perform an in-depth evaluation of the annual
26 department budget request, the Florida Transportation Plan,
27 and the tentative work program for compliance with all
28 applicable laws and established departmental policies. Except
29 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
30 the commission may not consider individual construction
31 projects, but shall consider methods of accomplishing the
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CS/CS/HB 1053, First Engrossed
1 goals of the department in the most effective, efficient, and
2 businesslike manner.
3 4. Monitor the financial status of the department on a
4 regular basis to assure that the department is managing
5 revenue and bond proceeds responsibly and in accordance with
6 law and established policy.
7 5. Monitor on at least a quarterly basis, the
8 efficiency, productivity, and management of the department,
9 using performance and production standards developed by the
10 commission pursuant to s. 334.045.
11 6. Perform an in-depth evaluation of the factors
12 causing disruption of project schedules in the adopted work
13 program and recommend to the Legislature and the Governor
14 methods to eliminate or reduce the disruptive effects of these
15 factors.
16 7. Recommend to the Governor and the Legislature
17 improvements to the department's organization in order to
18 streamline and optimize the efficiency of the department. In
19 reviewing the department's organization, the commission shall
20 determine if the current district organizational structure is
21 responsive to Florida's changing economic and demographic
22 development patterns. The initial report by the commission
23 must be delivered to the Governor and Legislature by December
24 15, 2000, and each year thereafter, as appropriate. The
25 commission may retain such experts as are reasonably necessary
26 to effectuate this subparagraph, and the department shall pay
27 the expenses of such experts.
28 (c) The commission or a member thereof may not enter
29 into the day-to-day operation of the department and is
30 specifically prohibited from taking part in:
31 1. The awarding of contracts.
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CS/CS/HB 1053, First Engrossed
1 2. The selection of a consultant or contractor or the
2 prequalification of any individual consultant or contractor.
3 However, the commission may recommend to the secretary
4 standards and policies governing the procedure for selection
5 and prequalification of consultants and contractors.
6 3. The selection of a route for a specific project.
7 4. The specific location of a transportation facility.
8 5. The acquisition of rights-of-way.
9 6. The employment, promotion, demotion, suspension,
10 transfer, or discharge of any department personnel.
11 7. The granting, denial, suspension, or revocation of
12 any license or permit issued by the department.
13 (d)1. The chair of the commission shall be selected by
14 the commission members and shall serve a 1-year term.
15 2. The commission shall hold a minimum of 4 regular
16 meetings annually, and other meetings may be called by the
17 chair upon giving at least 1 week's notice to all members and
18 the public pursuant to chapter 120. Other meetings may also be
19 held upon the written request of at least four other members
20 of the commission, with at least 1 week's notice of such
21 meeting being given to all members and the public by the chair
22 pursuant to chapter 120. Emergency meetings may be held
23 without notice upon the request of all members of the
24 commission. At each meeting of the commission, the secretary
25 or his or her designee shall submit a report of major actions
26 taken by him or her as official representative of the
27 department.
28 3. A majority of the membership of the commission
29 constitutes a quorum at any meeting of the commission. An
30 action of the commission is not binding unless the action is
31 taken pursuant to an affirmative vote of a majority of the
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CS/CS/HB 1053, First Engrossed
1 members present, but not fewer than four members of the
2 commission at a meeting held pursuant to subparagraph 2., and
3 the vote is recorded in the minutes of that meeting.
4 4. The chair shall cause to be made a complete record
5 of the proceedings of the commission, which record shall be
6 open for public inspection.
7 (e) The meetings of the commission shall be held in
8 the central office of the department in Tallahassee unless the
9 chair determines that special circumstances warrant meeting at
10 another location.
11 (f) Members of the commission are entitled to per diem
12 and travel expenses pursuant to s. 112.061.
13 (g) A member of the commission may not have any
14 interest, direct or indirect, in any contract, franchise,
15 privilege, or other benefit granted or awarded by the
16 department during the term of his or her appointment and for 2
17 years after the termination of such appointment.
18 (h) The commission shall appoint an executive director
19 and assistant executive director, who shall serve under the
20 direction, supervision, and control of the commission. The
21 executive director, with the consent of the commission, shall
22 employ such staff as are necessary to perform adequately the
23 functions of the commission, within budgetary limitations.
24 All employees of the commission are exempt from part II of
25 chapter 110 and shall serve at the pleasure of the commission.
26 The salaries and benefits of all employees of the commission
27 shall be set in accordance with the Selected Exempt Service;
28 provided, however, that the commission shall have complete
29 authority for fixing the salary of the executive director and
30 assistant executive director.
31
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CS/CS/HB 1053, First Engrossed
1 (i) The commission shall develop a budget pursuant to
2 chapter 216. The budget is not subject to change by the
3 department, but such budget shall be submitted to the Governor
4 along with the budget of the department.
5 (3)(a) The central office shall establish departmental
6 policies, rules, procedures, and standards and shall monitor
7 the implementation of such policies, rules, procedures, and
8 standards in order to ensure uniform compliance and quality
9 performance by the districts and central office units that
10 implement transportation programs. Major transportation
11 policy initiatives or revisions shall be submitted to the
12 commission for review. The central office monitoring function
13 shall be based on a plan that clearly specifies what areas
14 will be monitored, activities and criteria used to measure
15 compliance, and a feedback process that assures monitoring
16 findings are reported and deficiencies corrected. The
17 secretary is responsible for ensuring that a central office
18 monitoring function is implemented, and that it functions
19 properly. In conjunction with its monitoring function, the
20 central office shall provide such training and administrative
21 support to the districts as the department determines to be
22 necessary to ensure that the department's programs are carried
23 out in the most efficient and effective manner.
24 (b) The resources necessary to ensure the efficiency,
25 effectiveness, and quality of performance by the department of
26 its statutory responsibilities shall be allocated to the
27 central office.
28 (b)(c) The secretary shall appoint an Assistant
29 Secretary for Transportation Policy and, an Assistant
30 Secretary for Finance and Administration, and an Assistant
31 Secretary for District Operations, each of whom shall serve at
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CS/CS/HB 1053, First Engrossed
1 the pleasure of the secretary. The positions are responsible
2 for developing, monitoring, and enforcing policy and managing
3 major technical programs. The responsibilities and duties of
4 these positions include, but are not limited to, the following
5 functional areas:
6 1. Assistant Secretary for Transportation Policy.--
7 a. Development of the Florida Transportation Plan and
8 other policy planning;
9 b. Development of statewide modal systems plans,
10 including public transportation systems;
11 c. Design of transportation facilities;
12 d. Construction of transportation facilities;
13 e. Acquisition and management of transportation
14 rights-of-way; and
15 f. Administration of motor carrier compliance and
16 safety.
17 2. Assistant Secretary for District Operations.--
18 a. Administration of the eight districts; and
19 b. Implementation of the decentralization of the
20 department.
21 3. Assistant Secretary for Finance and
22 Administration.--
23 a. Financial planning and management;
24 b. Information systems;
25 c. Accounting systems;
26 d. Administrative functions; and
27 e. Administration of toll operations.
28 (d)1. Policy, program, or operations offices shall be
29 established within the central office for the purposes of:
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CS/CS/HB 1053, First Engrossed
1 a. Developing policy and procedures and monitoring
2 performance to ensure compliance with these policies and
3 procedures;
4 b. Performing statewide activities which it is more
5 cost-effective to perform in a central location;
6 c. Assessing and ensuring the accuracy of information
7 within the department's financial management information
8 systems; and
9 d. Performing other activities of a statewide nature.
10 1.2. The following offices are established and shall
11 be headed by a manager, each of whom shall be appointed by and
12 serve at the pleasure of the secretary. The positions shall be
13 classified at a level equal to a division director:
14 a. The Office of Administration;
15 b. The Office of Policy Planning;
16 c. The Office of Design;
17 d. The Office of Highway Operations;
18 e. The Office of Right-of-Way;
19 f. The Office of Toll Operations;
20 g. The Office of Information Systems; and
21 h. The Office of Motor Carrier Compliance;.
22 i. The Office of Management and Budget; and
23 j. The Office of Comptroller.
24 2.3. Other offices may be established in accordance
25 with s. 20.04(7). The heads of such offices are exempt from
26 part II of chapter 110. No office or organization shall be
27 created at a level equal to or higher than a division without
28 specific legislative authority.
29 3.4. During the construction of a major transportation
30 improvement project or as determined by the district
31 secretary, the department may provide assistance to a business
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CS/CS/HB 1053, First Engrossed
1 entity significantly impacted by the project if the entity is
2 a for-profit entity that has been in business for 3 years
3 prior to the beginning of construction and has direct or
4 shared access to the transportation project being constructed.
5 The assistance program shall be in the form of additional
6 guarantees to assist the impacted business entity in receiving
7 loans pursuant to Title 13 C.F.R. part 120. However, in no
8 instance shall the combined guarantees be greater than 90
9 percent of the loan. The department shall adopt rules to
10 implement this subparagraph.
11 (e) The Assistant Secretary for Finance and
12 Administration must possess a broad knowledge of the
13 administrative, financial, and technical aspects of a complete
14 cost-accounting system, budget preparation and management, and
15 management information systems. The Assistant Secretary for
16 Finance and Administration must be a proven, effective manager
17 with specialized skills in financial planning and management.
18 The Assistant Secretary for Finance and Administration shall
19 ensure that financial information is processed in a timely,
20 accurate, and complete manner.
21 (f)1. Within the central office there is created an
22 Office of Management and Budget. The head of the Office of
23 Management and Budget is responsible to the Assistant
24 Secretary for Finance and Administration and is exempt from
25 part II of chapter 110.
26 2. The functions of the Office of Management and
27 Budget include, but are not limited to:
28 a. Preparation of the work program;
29 b. Preparation of the departmental budget; and
30 c. Coordination of related policies and procedures.
31
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CS/CS/HB 1053, First Engrossed
1 3. The Office of Management and Budget shall also be
2 responsible for developing uniform implementation and
3 monitoring procedures for all activities performed at the
4 district level involving the budget and the work program.
5 (c)(g) The secretary shall may appoint an inspector
6 general pursuant to s. 20.055 who shall be directly
7 responsible to the secretary and shall serve at the pleasure
8 of the secretary.
9 (h)1. The secretary shall appoint an inspector general
10 pursuant to s. 20.055. To comply with recommended professional
11 auditing standards related to independence and objectivity,
12 the inspector general shall be appointed to a position within
13 the Career Service System and may be removed by the secretary
14 with the concurrence of the Transportation Commission. In
15 order to attract and retain an individual who has the proven
16 technical and administrative skills necessary to comply with
17 the requirements of this section, the agency head may appoint
18 the inspector general to a classification level within the
19 Career Service System that is equivalent to that provided for
20 in part III of chapter 110. The inspector general may be
21 organizationally located within another unit of the department
22 for administrative purposes, but shall function independently
23 and be directly responsible to the secretary pursuant to s.
24 20.055. The duties of the inspector general shall include, but
25 are not restricted to, reviewing, evaluating, and reporting on
26 the policies, plans, procedures, and accounting, financial,
27 and other operations of the department and recommending
28 changes for the improvement thereof, as well as performing
29 audits of contracts and agreements between the department and
30 private entities or other governmental entities. The inspector
31 general shall give priority to reviewing major parts of the
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CS/CS/HB 1053, First Engrossed
1 department's accounting system and central office monitoring
2 function to determine whether such systems effectively ensure
3 accountability and compliance with all laws, rules, policies,
4 and procedures applicable to the operation of the department.
5 The inspector general shall also give priority to assessing
6 the department's management information systems as required by
7 s. 282.318. The internal audit function shall use the
8 necessary expertise, in particular, engineering, financial,
9 and property appraising expertise, to independently evaluate
10 the technical aspects of the department's operations. The
11 inspector general shall have access at all times to any
12 personnel, records, data, or other information of the
13 department and shall determine the methods and procedures
14 necessary to carry out his or her duties. The inspector
15 general is responsible for audits of departmental operations
16 and for audits of consultant contracts and agreements, and
17 such audits shall be conducted in accordance with generally
18 accepted governmental auditing standards. The inspector
19 general shall annually perform a sufficient number of audits
20 to determine the efficiency and effectiveness, as well as
21 verify the accuracy of estimates and charges, of contracts
22 executed by the department with private entities and other
23 governmental entities. The inspector general has the sole
24 responsibility for the contents of his or her reports, and a
25 copy of each report containing his or her findings and
26 recommendations shall be furnished directly to the secretary
27 and the commission.
28 2. In addition to the authority and responsibilities
29 herein provided, the inspector general is required to report
30 to the:
31
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CS/CS/HB 1053, First Engrossed
1 a. Secretary whenever the inspector general makes a
2 preliminary determination that particularly serious or
3 flagrant problems, abuses, or deficiencies relating to the
4 administration of programs and operations of the department
5 have occurred. The secretary shall review and assess the
6 correctness of the preliminary determination by the inspector
7 general. If the preliminary determination is substantiated,
8 the secretary shall submit such report to the appropriate
9 committees of the Legislature within 7 calendar days, together
10 with a report by the secretary containing any comments deemed
11 appropriate. Nothing in this section shall be construed to
12 authorize the public disclosure of information which is
13 specifically prohibited from disclosure by any other provision
14 of law.
15 b. Transportation Commission and the Legislature any
16 actions by the secretary that prohibit the inspector general
17 from initiating, carrying out, or completing any audit after
18 the inspector general has decided to initiate, carry out, or
19 complete such audit. The secretary shall, within 30 days
20 after transmission of the report, set forth in a statement to
21 the Transportation Commission and the Legislature the reasons
22 for his or her actions.
23 (i)1. The secretary shall appoint a comptroller who is
24 responsible to the Assistant Secretary for Finance and
25 Administration. This position is exempt from part II of
26 chapter 110.
27 2. The comptroller is the chief financial officer of
28 the department and must be a proven, effective administrator
29 who by a combination of education and experience clearly
30 possesses a broad knowledge of the administrative, financial,
31 and technical aspects of a complex cost-accounting system.
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1 The comptroller must also have a working knowledge of
2 generally accepted accounting principles. At a minimum, the
3 comptroller must hold an active license to practice public
4 accounting in Florida pursuant to chapter 473 or an active
5 license to practice public accounting in any other state. In
6 addition to the requirements of the Florida Fiscal Accounting
7 Management Information System Act, the comptroller is
8 responsible for the development, maintenance, and modification
9 of an accounting system that will in a timely manner
10 accurately reflect the revenues and expenditures of the
11 department and that includes a cost-accounting system to
12 properly identify, segregate, allocate, and report department
13 costs. The comptroller shall supervise and direct preparation
14 of a detailed 36-month forecast of cash and expenditures and
15 is responsible for managing cash and determining cash
16 requirements. The comptroller shall review all comparative
17 cost studies that examine the cost-effectiveness and
18 feasibility of contracting for services and operations
19 performed by the department. The review must state that the
20 study was prepared in accordance with generally accepted
21 cost-accounting standards applied in a consistent manner using
22 valid and accurate cost data.
23 3. The department shall by rule or internal management
24 memoranda as required by chapter 120 provide for the
25 maintenance by the comptroller of financial records and
26 accounts of the department as will afford a full and complete
27 check against the improper payment of bills and provide a
28 system for the prompt payment of the just obligations of the
29 department, which records must at all times disclose:
30 a. The several appropriations available for the use of
31 the department;
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1 b. The specific amounts of each such appropriation
2 budgeted by the department for each improvement or purpose;
3 c. The apportionment or division of all such
4 appropriations among the several counties and districts, when
5 such apportionment or division is made;
6 d. The amount or portion of each such apportionment
7 against general contractual and other liabilities then
8 created;
9 e. The amount expended and still to be expended in
10 connection with each contractual and other obligation of the
11 department;
12 f. The expense and operating costs of the various
13 activities of the department;
14 g. The receipts accruing to the department and the
15 distribution thereof;
16 h. The assets, investments, and liabilities of the
17 department; and
18 i. The cash requirements of the department for a
19 36-month period.
20 4. The comptroller shall maintain a separate account
21 for each fund administered by the department.
22 5. The comptroller shall perform such other related
23 duties as designated by the department.
24 (d)(j) The secretary shall appoint a general counsel
25 who shall be employed full time and shall be directly
26 responsible to the secretary and shall serve at the pleasure
27 of the secretary. The general counsel is responsible for all
28 legal matters of the department. The department may employ as
29 many attorneys as it deems necessary to advise and represent
30 the department in all transportation matters.
31
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CS/CS/HB 1053, First Engrossed
1 (e)(k) The secretary shall appoint a state
2 transportation planner who shall report to the Assistant
3 Secretary for Transportation Policy. The state transportation
4 planner's responsibilities shall include, but are not limited
5 to, policy planning, systems planning, and transportation
6 statistics. This position shall be classified at a level
7 equal to a deputy assistant secretary.
8 (f)(l) The secretary shall appoint a state highway
9 engineer who shall report to the Assistant Secretary for
10 Transportation Policy. The state highway engineer's
11 responsibilities shall include, but are not limited to,
12 design, construction, and maintenance of highway facilities;
13 acquisition and management of transportation rights-of-way;
14 traffic engineering; and materials testing. This position
15 shall be classified at a level equal to a deputy assistant
16 secretary.
17 (g)(m) The secretary shall appoint a state public
18 transportation administrator who shall report to the Assistant
19 Secretary for Transportation Policy. The state public
20 transportation administrator's responsibilities shall include,
21 but are not limited to, the administration of statewide
22 transit, rail, intermodal development, and aviation programs.
23 This position shall be classified at a level equal to a deputy
24 assistant secretary. The department shall also assign to the
25 public transportation administrator an organizational unit the
26 primary function of which is to administer the high-speed rail
27 program.
28 (4)(a) The operations of the department shall be
29 organized into seven eight districts, including a turnpike
30 district, each headed by a district secretary, and a turnpike
31 enterprise, headed by an executive director. The district
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CS/CS/HB 1053, First Engrossed
1 secretaries shall report to the Assistant Secretary for
2 District Operations. The headquarters of the districts shall
3 be located in Polk, Columbia, Washington, Broward, Volusia,
4 Dade, and Hillsborough, and Leon Counties. The headquarters of
5 the turnpike enterprise shall be located in Orange County. The
6 turnpike district must be relocated to Orange County in the
7 year 2000. In order to provide for efficient operations and to
8 expedite the decisionmaking process, the department shall
9 provide for maximum decentralization to the districts.
10 However, before making a decision to centralize or
11 decentralize department operations or relocate the turnpike
12 district, the department must first determine if the decision
13 would be cost-effective and in the public's best interest. The
14 department shall periodically evaluate such decisions to
15 ensure that they are appropriate.
16 (b) The primary responsibility for the implementation
17 of the department's transportation programs shall be delegated
18 by the secretary to the district secretaries, and sufficient
19 authority shall be vested in each district to ensure adequate
20 control of the resources commensurate with the delegated
21 responsibility. Each district secretary shall also be
22 accountable for ensuring their district's quality of
23 performance and compliance with all laws, rules, policies, and
24 procedures related to the operation of the department.
25 (c) Each district secretary may appoint a district
26 director for planning and programming, a district director for
27 production, and a district director for operations. These
28 positions are exempt from part II of chapter 110.
29 (d) Within each district, offices shall be established
30 for managing major functional responsibilities of the
31 department. The offices may include planning, design,
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CS/CS/HB 1053, First Engrossed
1 construction, right-of-way, maintenance, and public
2 transportation. The heads of these offices shall be exempt
3 from part II of chapter 110.
4 (e) The district director for the Fort Myers Urban
5 Office of the Department of Transportation is responsible for
6 developing the 5-year Transportation Plan for Charlotte,
7 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
8 Myers Urban Office also is responsible for providing policy,
9 direction, local government coordination, and planning for
10 those counties.
11 (f)1. The responsibility for the turnpike system shall
12 be delegated by the secretary to the executive director of the
13 turnpike enterprise, who shall serve at the pleasure of the
14 secretary. The executive director shall report directly to the
15 secretary, and the turnpike enterprise shall operate pursuant
16 to ss. 338.22-338.241.
17 2. To facilitate the most efficient and effective
18 management of the turnpike enterprise, including the use of
19 best business practices employed by the private sector, the
20 secretary shall have the authority to exempt the turnpike
21 enterprise from departmental policies, procedures, and
22 standards.
23 3. To maximize the turnpike enterprise's ability to
24 use best business practices employed by the private sector,
25 the secretary shall have the authority to promulgate rules
26 which exempt the turnpike enterprise from department rules and
27 authorize the turnpike enterprise to employ procurement
28 methods available to the private sector.
29 (5) Notwithstanding the provisions of s. 110.205, the
30 Department of Management Services is authorized to exempt
31 positions within the Department of Transportation which are
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CS/CS/HB 1053, First Engrossed
1 comparable to positions within the Senior Management Service
2 pursuant to s. 110.205(2)(i) or positions which are comparable
3 to positions in the Selected Exempt Service under s.
4 110.205(2)(l).
5 (6) To facilitate the efficient and effective
6 management of the department in a businesslike manner, the
7 department shall develop a system for the submission of
8 monthly management reports to the Florida Transportation
9 Commission and secretary from the district secretaries. The
10 commission and the secretary shall determine which reports are
11 required to fulfill their respective responsibilities under
12 this section. A copy of each such report shall be submitted
13 monthly to the appropriations and transportation committees of
14 the Senate and the House of Representatives. Recommendations
15 made by the Auditor General in his or her audits of the
16 department that relate to management practices, systems, or
17 reports shall be implemented in a timely manner. However, if
18 the department determines that one or more of the
19 recommendations should be altered or should not be
20 implemented, it shall provide a written explanation of such
21 determination to the Legislative Auditing Committee within 6
22 months after the date the recommendations were published.
23 (6)(7) The department is authorized to contract with
24 local governmental entities and with the private sector if the
25 department first determines that:
26 (a) Consultants can do the work at less cost than
27 state employees;
28 (b) State employees can do the work at less cost, but
29 sufficient positions have not been approved by the Legislature
30 as requested in the department's most recent legislative
31 budget request;
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CS/CS/HB 1053, First Engrossed
1 (c) The work requires specialized expertise, and it
2 would not be economical for the state to acquire, and then
3 maintain, the expertise after the work is done;
4 (d) The workload is at a peak level, and it would not
5 be economical to acquire, and then keep, extra personnel after
6 the workload decreases; or
7 (e) The use of such entities is clearly in the
8 public's best interest.
9
10 Such contracts shall require compliance with applicable
11 federal and state laws, and clearly specify the product or
12 service to be provided.
13 Section 3. Paragraphs (i) and (l) of subsection (2) of
14 section 110.205, Florida Statutes, are amended to read:
15 110.205 Career service; exemptions.--
16 (2) EXEMPT POSITIONS.--The exempt positions which are
17 not covered by this part include the following, provided that
18 no position, except for positions established for a limited
19 period of time pursuant to paragraph (h), shall be exempted if
20 the position reports to a position in the career service:
21 (i) The appointed secretaries, assistant secretaries,
22 deputy secretaries, and deputy assistant secretaries of all
23 departments; the executive directors, assistant executive
24 directors, deputy executive directors, and deputy assistant
25 executive directors of all departments; and the directors of
26 all divisions and those positions determined by the department
27 to have managerial responsibilities comparable to such
28 positions, which positions include, but are not limited to,
29 program directors, assistant program directors, district
30 administrators, deputy district administrators, the Director
31 of Central Operations Services of the Department of Children
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CS/CS/HB 1053, First Engrossed
1 and Family Services, and the State Transportation Planner,
2 State Highway Engineer, State Public Transportation
3 Administrator, district secretaries, district directors of
4 planning and programming, production, and operations, and the
5 managers of the offices specified in s. 20.23(3)(b)1.(d)2., of
6 the Department of Transportation. Unless otherwise fixed by
7 law, the department shall set the salary and benefits of these
8 positions in accordance with the rules of the Senior
9 Management Service.
10 (l) All assistant division director, deputy division
11 director, and bureau chief positions in any department, and
12 those positions determined by the department to have
13 managerial responsibilities comparable to such positions,
14 which positions include, but are not limited to, positions in
15 the Department of Health, the Department of Children and
16 Family Services, and the Department of Corrections that are
17 assigned primary duties of serving as the superintendent or
18 assistant superintendent, or warden or assistant warden, of an
19 institution; positions in the Department of Corrections that
20 are assigned primary duties of serving as the circuit
21 administrator or deputy circuit administrator; positions in
22 the Department of Transportation that are assigned primary
23 duties of serving as regional toll managers and managers of
24 offices as defined in s. 20.23(3)(b)2.(d)3. and (4)(d);
25 positions in the Department of Environmental Protection that
26 are assigned the duty of an Environmental Administrator or
27 program administrator; those positions described in s. 20.171
28 as included in the Senior Management Service; and positions in
29 the Department of Health that are assigned the duties of
30 Environmental Administrator, Assistant County Health
31 Department Director, and County Health Department Financial
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CS/CS/HB 1053, First Engrossed
1 Administrator. Unless otherwise fixed by law, the department
2 shall set the salary and benefits of these positions in
3 accordance with the rules established for the Selected Exempt
4 Service.
5 Section 4. Section 189.441, Florida Statutes, is
6 amended to read:
7 189.441 Contracts.--Contracts for the construction of
8 projects and for any other purpose of the authority may be
9 awarded by the authority in a manner that will best promote
10 free and open competition, including advertisement for
11 competitive bids; however, if the authority determines that
12 the purposes of this act will be more effectively served
13 thereby, the authority may award or cause to be awarded
14 contracts for the construction of any project, including
15 design-build contracts, or any part thereof, or for any other
16 purpose of the authority upon a negotiated basis as determined
17 by the authority. Each contractor doing business with the
18 authority and required to be licensed by the state or local
19 general-purpose governments must maintain the license during
20 the term of the contract with the authority. The authority
21 may prescribe bid security requirements and other procedures
22 in connection with the award of contracts which protect the
23 public interest. Section 287.055 does not apply to the
24 selection of professional architectural, engineering,
25 landscape architectural, or land surveying services by the
26 authority or to the procurement of design-build contracts. The
27 authority may, and in the case of a new professional sports
28 franchise must, by written contract engage the services of the
29 operator, lessee, sublessee, or purchaser, or prospective
30 operator, lessee, sublessee, or purchaser, of any project in
31 the construction of the project and may, and in the case of a
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CS/CS/HB 1053, First Engrossed
1 new professional sports franchise must, provide in the
2 contract that the lessee, sublessee, purchaser, or prospective
3 lessee, sublessee, or purchaser, may act as an agent of, or an
4 independent contractor for, the authority for the performance
5 of the functions described therein, subject to the conditions
6 and requirements prescribed in the contract, including
7 functions such as the acquisition of the site and other real
8 property for the project; the preparation of plans,
9 specifications, financing, and contract documents; the award
10 of construction and other contracts upon a competitive or
11 negotiated basis; the construction of the project, or any part
12 thereof, directly by the lessee, purchaser, or prospective
13 lessee or purchaser; the inspection and supervision of
14 construction; the employment of engineers, architects,
15 builders, and other contractors; and the provision of money to
16 pay the cost thereof pending reimbursement by the authority.
17 Any such contract may, and in the case of a new professional
18 sports franchise must, allow the authority to make advances to
19 or reimburse the lessee, sublessee, or purchaser, or
20 prospective lessee, sublessee, or purchaser for its costs
21 incurred in the performance of those functions, and must set
22 forth the supporting documents required to be submitted to the
23 authority and the reviews, examinations, and audits that are
24 required in connection therewith to assure compliance with the
25 contract.
26 Section 5. Subsection (2) of section 206.46, Florida
27 Statutes, is amended to read:
28 206.46 State Transportation Trust Fund.--
29 (2) Notwithstanding any other provisions of law, from
30 the revenues deposited into the State Transportation Trust
31 Fund a maximum of 7 percent in each fiscal year shall be
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1 transferred into the Right-of-Way Acquisition and Bridge
2 Construction Trust Fund created in s. 215.605, as needed to
3 meet the requirements of the documents authorizing the bonds
4 issued or proposed to be issued under ss. 215.605 and 337.276
5 or at a minimum amount sufficient to pay for the debt service
6 coverage requirements of outstanding bonds. Notwithstanding
7 the 7 percent annual transfer authorized in this subsection,
8 the annual amount transferred under this subsection shall not
9 exceed an amount necessary to provide the required debt
10 service coverage levels for a maximum debt service not to
11 exceed $200 $135 million. Such transfer shall be payable
12 primarily from the motor and diesel fuel taxes transferred to
13 the State Transportation Trust Fund from the Fuel Tax
14 Collection Trust Fund.
15 Section 6. Paragraph (a) of subsection (1) of section
16 255.20, Florida Statutes, is amended to read:
17 255.20 Local bids and contracts for public
18 construction works; specification of state-produced lumber.--
19 (1) A county, municipality, special district as
20 defined in chapter 189, or other political subdivision of the
21 state seeking to construct or improve a public building,
22 structure, or other public construction works must
23 competitively award to an appropriately licensed contractor
24 each project that is estimated in accordance with generally
25 accepted cost-accounting principles to have total construction
26 project costs of more than $200,000. For electrical work,
27 local government must competitively award to an appropriately
28 licensed contractor each project that is estimated in
29 accordance with generally accepted cost-accounting principles
30 to have a cost of more than $50,000. As used in this section,
31 the term "competitively award" means to award contracts based
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1 on the submission of sealed bids, proposals submitted in
2 response to a request for proposal, proposals submitted in
3 response to a request for qualifications, or proposals
4 submitted for competitive negotiation. This subsection
5 expressly allows contracts for construction management
6 services, design/build contracts, continuation contracts based
7 on unit prices, and any other contract arrangement with a
8 private sector contractor permitted by any applicable
9 municipal or county ordinance, by district resolution, or by
10 state law. For purposes of this section, construction costs
11 include the cost of all labor, except inmate labor, and
12 include the cost of equipment and materials to be used in the
13 construction of the project. Subject to the provisions of
14 subsection (3), the county, municipality, special district, or
15 other political subdivision may establish, by municipal or
16 county ordinance or special district resolution, procedures
17 for conducting the bidding process.
18 (a) The provisions of this subsection do not apply:
19 1. When the project is undertaken to replace,
20 reconstruct, or repair an existing facility damaged or
21 destroyed by a sudden unexpected turn of events, such as an
22 act of God, riot, fire, flood, accident, or other urgent
23 circumstances, and such damage or destruction creates:
24 a. An immediate danger to the public health or safety;
25 b. Other loss to public or private property which
26 requires emergency government action; or
27 c. An interruption of an essential governmental
28 service.
29 2. When, after notice by publication in accordance
30 with the applicable ordinance or resolution, the governmental
31 entity does not receive any responsive bids or responses.
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1 3. To construction, remodeling, repair, or improvement
2 to a public electric or gas utility system when such work on
3 the public utility system is performed by personnel of the
4 system.
5 4. To construction, remodeling, repair, or improvement
6 by a utility commission whose major contracts are to construct
7 and operate a public electric utility system.
8 5. When the project is undertaken as repair or
9 maintenance of an existing public facility.
10 6. When the project is undertaken exclusively as part
11 of a public educational program.
12 7. When the funding source of the project will be
13 diminished or lost because the time required to competitively
14 award the project after the funds become available exceeds the
15 time within which the funding source must be spent.
16 8. When the local government has competitively awarded
17 a project to a private sector contractor and the contractor
18 has abandoned the project before completion or the local
19 government has terminated the contract.
20 9. When the governing board of the local government,
21 after public notice, conducts a public meeting under s.
22 286.011 and finds by a majority vote of the governing board
23 that it is in the public's best interest to perform the
24 project using its own services, employees, and equipment. The
25 public notice must be published at least 14 days prior to the
26 date of the public meeting at which the governing board takes
27 final action to apply this subparagraph. The notice must
28 identify the project, the estimated cost of the project, and
29 specify that the purpose for the public meeting is to consider
30 whether it is in the public's best interest to perform the
31 project using the local government's own services, employees,
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1 and equipment. In deciding whether it is in the public's best
2 interest for local government to perform a project using its
3 own services, employees, and equipment, the governing board
4 may consider the cost of the project, whether the project
5 requires an increase in the number of government employees, an
6 increase in capital expenditures for public facilities,
7 equipment or other capital assets, the impact on local
8 economic development, the impact on small and minority
9 business owners, the impact on state and local tax revenues,
10 whether the private sector contractors provide health
11 insurance and other benefits equivalent to those provided by
12 the local government, and any other factor relevant to what is
13 in the public's best interest.
14 10. When the governing board of the local government
15 determines upon consideration of specific substantive criteria
16 and administrative procedures that it is in the best interest
17 of the local government to award the project to an
18 appropriately licensed private sector contractor according to
19 procedures established by and expressly set forth in a
20 charter, ordinance, or resolution of the local government
21 adopted prior to July 1, 1994. The criteria and procedures
22 must be set out in the charter, ordinance, or resolution and
23 must be applied uniformly by the local government to avoid
24 award of any project in an arbitrary or capricious manner.
25 This exception shall apply when all of the following occur:
26 a. When the governing board of the local government,
27 after public notice, conducts a public meeting under s.
28 286.011 and finds by a two-thirds vote of the governing board
29 that it is in the public's best interest to award the project
30 according to the criteria and procedures established by
31 charter, ordinance, or resolution. The public notice must be
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CS/CS/HB 1053, First Engrossed
1 published at least 14 days prior to the date of the public
2 meeting at which the governing board takes final action to
3 apply this subparagraph. The notice must identify the
4 project, the estimated cost of the project, and specify that
5 the purpose for the public meeting is to consider whether it
6 is in the public's best interest to award the project using
7 the criteria and procedures permitted by the preexisting
8 ordinance.
9 b. In the event the project is to be awarded by any
10 method other than a competitive selection process, the
11 governing board must find evidence that:
12 (I) There is one appropriately licensed contractor who
13 is uniquely qualified to undertake the project because that
14 contractor is currently under contract to perform work that is
15 affiliated with the project; or
16 (II) The time to competitively award the project will
17 jeopardize the funding for the project, or will materially
18 increase the cost of the project or will create an undue
19 hardship on the public health, safety, or welfare.
20 c. In the event the project is to be awarded by any
21 method other than a competitive selection process, the
22 published notice must clearly specify the ordinance or
23 resolution by which the private sector contractor will be
24 selected and the criteria to be considered.
25 d. In the event the project is to be awarded by a
26 method other than a competitive selection process, the
27 architect or engineer of record has provided a written
28 recommendation that the project be awarded to the private
29 sector contractor without competitive selection; and the
30 consideration by, and the justification of, the government
31 body are documented, in writing, in the project file and are
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1 presented to the governing board prior to the approval
2 required in this paragraph.
3 11. To projects subject to chapter 336.
4 Section 7. Paragraph (g) of subsection (2) of section
5 287.055, Florida Statutes, is amended to read:
6 287.055 Acquisition of professional architectural,
7 engineering, landscape architectural, or surveying and mapping
8 services; definitions; procedures; contingent fees prohibited;
9 penalties.--
10 (2) DEFINITIONS.--For purposes of this section:
11 (g) A "continuing contract" is a contract for
12 professional services entered into in accordance with all the
13 procedures of this act between an agency and a firm whereby
14 the firm provides professional services to the agency for
15 projects in which construction costs do not exceed $1 million
16 $500,000, for study activity when the fee for such
17 professional service does not exceed $50,000 $25,000, or for
18 work of a specified nature as outlined in the contract
19 required by the agency, with no time limitation except that
20 the contract must provide a termination clause.
21 Section 8. Paragraphs (a) and (b) of subsection (3) of
22 section 311.07, Florida Statutes, are amended to read:
23 311.07 Florida seaport transportation and economic
24 development funding.--
25 (3)(a) Program funds shall be used to fund approved
26 projects on a 50-50 matching basis with any of the deepwater
27 ports, as listed in s. 403.021(9)(b), which is governed by a
28 public body or any other deepwater port which is governed by a
29 public body and which complies with the water quality
30 provisions of s. 403.061, the comprehensive master plan
31 requirements of s. 163.3178(2)(k), the local financial
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1 management and reporting provisions of part III of chapter
2 218, and the auditing provisions of s. 11.45(3)(a)5. Program
3 funds also may be used by the Seaport Transportation and
4 Economic Development Council to develop with the Florida Trade
5 Data Center such trade data information products which will
6 assist Florida's seaports and international trade.
7 (b) Projects eligible for funding by grants under the
8 program are limited to the following port facilities or port
9 transportation projects:
10 1. Transportation facilities within the jurisdiction
11 of the port.
12 2. The dredging or deepening of channels, turning
13 basins, or harbors.
14 3. The construction or rehabilitation of wharves,
15 docks, structures, jetties, piers, storage facilities, cruise
16 terminals, automated people mover systems, or any facilities
17 necessary or useful in connection with any of the foregoing.
18 4. The acquisition of container cranes or other
19 mechanized equipment used in the movement of cargo or
20 passengers in international commerce.
21 5. The acquisition of land to be used for port
22 purposes.
23 6. The acquisition, improvement, enlargement, or
24 extension of existing port facilities.
25 7. Environmental protection projects which are
26 necessary because of requirements imposed by a state agency as
27 a condition of a permit or other form of state approval; which
28 are necessary for environmental mitigation required as a
29 condition of a state, federal, or local environmental permit;
30 which are necessary for the acquisition of spoil disposal
31 sites and improvements to existing and future spoil sites; or
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1 which result from the funding of eligible projects listed
2 herein.
3 8. Transportation facilities as defined in s.
4 334.03(31) which are not otherwise part of the Department of
5 Transportation's adopted work program.
6 9. Seaport intermodal access projects identified in
7 the 5-year Florida Seaport Mission Plan as provided in s.
8 311.09(3).
9 10. Construction or rehabilitation of port facilities
10 as defined in s. 315.02, excluding any park or recreational
11 facilities, in ports listed in s. 311.09(1) with operating
12 revenues of $5 million or less, provided that such projects
13 create economic development opportunities, capital
14 improvements, and positive financial returns to such ports.
15 11. Seaport security projects identified pursuant to
16 s. 311.12. Seaport security projects are not subject to the
17 matching fund requirements of paragraph (a).
18 Section 9. Subsection (1) of Section 315.031, Florida
19 Statutes is amended to read:
20 315.031 Promoting and advertising port facilities.--
21 (1) Each unit is authorized and empowered:
22 (a) To publicize, advertise and promote the activities
23 and port facilities herein authorized;
24 (b) To make known the advantages, facilities,
25 resources, products, attractions and attributes of the
26 activities and port facilities herein authorized;
27 (c) To create a favorable climate of opinion
28 concerning the activities and port facilities herein
29 authorized;
30 (d) To cooperate with other agencies, public and
31 private, in accomplishing these purposes;
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1 (e) To enter into agreements with the purchaser or
2 purchasers of port facilities bonds issued under the
3 provisions of this law to establish a special fund to be set
4 aside from the proceeds of the revenues collected under the
5 provisions of s. 315.03(13), during any fiscal year, for the
6 promotional activities authorized herein.
7 (f) To authorize expenditures for promotional
8 activities authorized by this section, including meals,
9 hospitality, and entertainment of persons in the interest of
10 promoting and engendering goodwill toward its port facilities.
11
12 Nothing herein shall be construed to authorize any unit to
13 expend funds for meals, hospitality, amusement or any other
14 purpose of an entertainment nature.
15 Section 10. Subsection (12) of section 311.09, Florida
16 Statutes, is amended to read:
17 311.09 Florida Seaport Transportation and Economic
18 Development Council.--
19 (12) Members of the council shall serve without
20 compensation but are entitled to receive reimbursement for per
21 diem and travel expenses as provided in s. 112.061. The
22 council may elect to provide an administrative staff to
23 provide services to the council on matters relating to the
24 Florida Seaport Transportation and Economic Development
25 Program and the council. The cost for such administrative
26 services shall be paid by all ports that receive funding from
27 the Florida Seaport Transportation and Economic Development
28 Program, based upon a pro rata formula measured by each
29 recipient's share of the funds as compared to the total funds
30 disbursed to all recipients during the year. The share of
31 costs for administrative services shall be paid in its total
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1 amount by the recipient port upon execution by the port and
2 the Department of Transportation of a joint participation
3 agreement for each council-approved project, and such payment
4 is in addition to the matching funds required to be paid by
5 the recipient port. Except as otherwise exempted by law, all
6 moneys derived from the Florida Seaport Transportation and
7 Economic Development Program shall be expended in accordance
8 with the provisions of s. 287.057. Seaports subject to
9 competitive negotiation requirements of a local governing body
10 shall abide by the provisions of s. 287.055 be exempt from
11 this requirement.
12 Section 11. Paragraph (b) of subsection (1) of section
13 316.302, Florida Statutes, is amended to read:
14 316.302 Commercial motor vehicles; safety regulations;
15 transporters and shippers of hazardous materials;
16 enforcement.--
17 (1)
18 (b) Except as otherwise provided in this section, all
19 owners or drivers of commercial motor vehicles that are
20 engaged in intrastate commerce are subject to the rules and
21 regulations contained in 49 C.F.R. parts 382, 385, and
22 390-397, with the exception of 49 C.F.R. s. 390.5 as it
23 relates to the definition of bus, as such rules and
24 regulations existed on October 1, 2000 March 1, 1999.
25 Section 12. Paragraph (a) of subsection (3) of section
26 316.3025, Florida Statutes, is amended to read:
27 316.3025 Penalties.--
28 (3)(a) A civil penalty of $50 may be assessed for a
29 violation of 49 C.F.R. s. 390.21 s. 316.3027.
30 Section 13. Subsection (2) of section 316.515, Florida
31 Statutes, is amended to read:
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1 316.515 Maximum width, height, length.--
2 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
3 of 13 feet 6 inches, inclusive of load carried thereon.
4 However, an automobile transporter may, with a permit from the
5 Department of Transportation, measure a height not to exceed
6 14 feet, inclusive of the load carried thereon.
7 Section 14. Subsection (6) of section 316.535, Florida
8 Statutes, is renumbered as subsection (7), present subsection
9 (7) is renumbered as subsection (8) and amended, and a new
10 subsection (6) is added to said section to read:
11 316.535 Maximum weights.--
12 (6) Dump trucks, concrete mixing trucks, trucks
13 engaged in waste collection and disposal, and fuel oil and
14 gasoline trucks designed and constructed for special type work
15 or use, when operated as a single unit, shall be subject to
16 all safety and operational requirements of law, except that
17 any such vehicle need not conform to the axle spacing
18 requirements of this section provided that such vehicle shall
19 be limited to a total gross load, including the weight of the
20 vehicle, of 20,000 pounds per axle plus scale tolerances and
21 shall not exceed 550 pounds per inch width tire surface plus
22 scale tolerances. No vehicle operating pursuant to this
23 section shall exceed a gross weight, including the weight of
24 the vehicle and scale tolerances, of 70,000 pounds. Any
25 vehicle violating the weight provisions of this section shall
26 be penalized as provided in s. 316.545.
27 (7)(6) The Department of Transportation shall adopt
28 rules to implement this section, shall enforce this section
29 and the rules adopted hereunder, and shall publish and
30 distribute tables and other publications as deemed necessary
31 to inform the public.
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1 (8)(7) Except as hereinafter provided, no vehicle or
2 combination of vehicles exceeding the gross weights specified
3 in subsections (3), (4), and (5), and (6) shall be permitted
4 to travel on the public highways within the state.
5 Section 15. Paragraph (a) of subsection (2) of section
6 316.545, Florida Statutes, is amended to read:
7 316.545 Weight and load unlawful; special fuel and
8 motor fuel tax enforcement; inspection; penalty; review.--
9 (2)(a) Whenever an officer, upon weighing a vehicle or
10 combination of vehicles with load, determines that the axle
11 weight or gross weight is unlawful, the officer may require
12 the driver to stop the vehicle in a suitable place and remain
13 standing until a determination can be made as to the amount of
14 weight thereon and, if overloaded, the amount of penalty to be
15 assessed as provided herein. However, any gross weight over
16 and beyond 6,000 pounds beyond the maximum herein set shall be
17 unloaded and all material so unloaded shall be cared for by
18 the owner or operator of the vehicle at the risk of such owner
19 or operator. Except as otherwise provided in this chapter, to
20 facilitate compliance with and enforcement of the weight
21 limits established in s. 316.535, weight tables published
22 pursuant to s. 316.535(7) (6) shall include a 10-percent scale
23 tolerance and shall thereby reflect the maximum scaled weights
24 allowed any vehicle or combination of vehicles. As used in
25 this section, scale tolerance means the allowable deviation
26 from legal weights established in s. 316.535. Notwithstanding
27 any other provision of the weight law, if a vehicle or
28 combination of vehicles does not exceed the gross, external
29 bridge, or internal bridge weight limits imposed in s. 316.535
30 and the driver of such vehicle or combination of vehicles can
31 comply with the requirements of this chapter by shifting or
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1 equalizing the load on all wheels or axles and does so when
2 requested by the proper authority, the driver shall not be
3 held to be operating in violation of said weight limits.
4 Section 16. Subsection (3) of section 316.650, Florida
5 Statutes, is amended to read:
6 316.650 Traffic citations.--
7 (3) Every traffic enforcement officer, upon issuing a
8 traffic citation to an alleged violator of any provision of
9 the motor vehicle laws of this state or of any traffic
10 ordinance of any city or town, shall deposit the original and
11 one copy of such traffic citation or, in the case of a traffic
12 enforcement agency which has an automated citation issuance
13 system, shall provide an electronic facsimile with a court
14 having jurisdiction over the alleged offense or with its
15 traffic violations bureau within 5 days after issuance to the
16 violator. If a law enforcement officer distributes additional
17 information, such information shall be a copy of the traffic
18 school reference guide.
19 Section 17. Subsection (9) of section 318.14, Florida
20 Statutes, is amended to read:
21 318.14 Noncriminal traffic infractions; exception;
22 procedures.--
23 (9) Any person who is cited for an infraction under
24 this section other than a violation of s. 320.0605, s.
25 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
26 s. 322.62 may, in lieu of a court appearance, elect to attend
27 in the location of his or her choice within this state a basic
28 driver improvement course approved by the Department of
29 Highway Safety and Motor Vehicles. In such a case,
30 adjudication must be withheld; points, as provided by s.
31 322.27, may not be assessed; and the civil penalty that is
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1 imposed by s. 318.18(3) must be reduced by 18 percent;
2 however, a person may not make an election under this
3 subsection if the person has made an election under this
4 subsection in the preceding 12 months. A person may make no
5 more than five elections under this subsection. The
6 requirement for community service under s. 318.18(8) is not
7 waived by a plea of nolo contendere or by the withholding of
8 adjudication of guilt by a court.
9 Section 18. Subsection (4) of section 318.1451,
10 Florida Statutes, is amended to read:
11 318.1451 Driver improvement schools.--
12 (4) In addition to a regular course fee, an assessment
13 fee in the amount of $2.50 shall be collected by the school
14 from each person who is court-ordered to attend a course or
15 elects to attend a course, as it relates to ss. 318.14(9),
16 322.0261, 322.02615, 322.05(2), 322.291, and 627.06501, which
17 shall be remitted to the Department of Highway Safety and
18 Motor Vehicles and deposited in the Highway Safety Operating
19 Trust Fund to administer this program and to fund the general
20 operations of the department.
21 Section 19. Paragraph (b) of subsection (1) and
22 subsection (2) of section 322.0261, Florida Statutes, are
23 amended to read:
24 322.0261 Mandatory driver improvement course; certain
25 crashes.--
26 (1) The department shall screen crash reports received
27 under s. 316.066 or s. 324.051 to identify crashes involving
28 the following:
29 (b) A second crash by the same operator within the
30 previous 2-year period involving property damage in an
31 apparent amount of at least $2,500 $500.
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1 (2) With respect to an operator convicted of, or who
2 pleaded nolo contendere to, a traffic offense giving rise to a
3 crash identified pursuant to subsection (1), the department
4 shall require that the operator, in addition to other
5 applicable penalties, attend a departmentally approved basic
6 driver improvement course in order to maintain driving
7 privileges. If the operator fails to complete the course
8 within 90 days of receiving notice from the department, the
9 operator's driver's license shall be canceled by the
10 department until the course is successfully completed.
11 Section 20. Section 322.02615, Florida Statutes, is
12 created to read:
13 322.02615 Mandatory driver improvement course; certain
14 violations.--
15 (1) The department shall screen reports of convictions
16 for violations of chapter 316 to identify operators who:
17 (a) Are less than 21 years of age and have been
18 convicted of, or pleaded nolo contendere to, a noncriminal
19 moving infraction and have also been convicted of, or pleaded
20 nolo contendere to, another noncriminal moving infraction
21 since initial license issuance.
22 (b) Have been convicted of, or pleaded nolo contendere
23 to, more than one noncriminal moving infraction in a 12-month
24 period.
25 (2) With respect to an operator convicted of, or who
26 has pleaded nolo contendere to, a noncriminal traffic offense
27 identified under subsection (1), the department shall require
28 that the operator, in addition to other applicable penalties,
29 attend a departmentally approved basic driver improvement
30 course in order to maintain driving privileges. If the
31 operator fails to complete the course within 90 days after
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1 receiving notice from the department, the operator's driver's
2 license shall be suspended by the department until the course
3 is successfully completed.
4 (3) Attendance of a course approved by the department
5 as a driver improvement course for purposes of s. 318.14(9)
6 shall satisfy the requirements of this section. However,
7 attendance of a course as required by this section is not
8 included in the limitation on course elections under s.
9 318.14(9).
10 Section 21. Subsection (2) of section 322.05, Florida
11 Statutes, is amended to read:
12 322.05 Persons not to be licensed.--The department may
13 not issue a license:
14 (2) To a person who is at least 16 years of age but is
15 under 18 years of age unless the person has satisfactorily
16 completed a Department of Education driver's education course
17 offered pursuant to s. 233.063 or a driver's education course
18 licensed pursuant to s. 488.01 or a basic driver improvement
19 course which has been approved by the Department of Highway
20 Safety and Motor Vehicles and meets the requirements of s.
21 322.091 and holds a valid:
22 (a) Learner's driver's license for at least 12 months,
23 with no traffic convictions, before applying for a license;
24 (b) Learner's driver's license for at least 12 months
25 and who has a traffic conviction but elects to attend a
26 traffic driving school for which adjudication must be withheld
27 pursuant to s. 318.14; or
28 (c) License that was issued in another state or in a
29 foreign jurisdiction and that would not be subject to
30 suspension or revocation under the laws of this state.
31
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1 Section 22. Section 330.27, Florida Statutes, is
2 amended to read:
3 330.27 Definitions, when used in ss. 330.29-330.36,
4 330.38, 330.39.--
5 (1) "Aircraft" means a powered or unpowered machine or
6 device capable of atmosphere flight any motor vehicle or
7 contrivance now known, or hereafter invented, which is used or
8 designed for navigation of or flight in the air, except a
9 parachute or other such device contrivance designed for such
10 navigation but used primarily as safety equipment.
11 (2) "Airport" means an any area of land or water, or
12 any manmade object or facility located thereon, which is used
13 for, or intended to be used for, use, for the landing and
14 takeoff of aircraft, including and any appurtenant areas,
15 which are used, or intended for use, for airport buildings, or
16 other airport facilities, or rights-of-way necessary to
17 facilitate such use or intended use, together with all airport
18 buildings and facilities located thereon.
19 (3) "Airport hazard" means any structure, object of
20 natural growth, or use of land which obstructs the airspace
21 required for the flight of aircraft in landing or taking off
22 at an airport or which is otherwise hazardous to such landing
23 or taking off.
24 (4) "Aviation" means the science and art of flight and
25 includes, but is not limited to, transportation by aircraft;
26 the operation, construction, repair, or maintenance of
27 aircraft, aircraft power plants, and accessories, including
28 the repair, packing, and maintenance of parachutes; the
29 design, establishment, construction, extension, operation,
30 improvement, repair, or maintenance of airports or other air
31
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CS/CS/HB 1053, First Engrossed
1 navigation facilities; and instruction in flying or ground
2 subjects pertaining thereto.
3 (3)(5) "Department" means the Department of
4 Transportation.
5 (4)(6) "Limited airport" means any an airport,
6 publicly or privately owned, limited exclusively to the
7 specific conditions stated on the site approval order or
8 license.
9 (7) "Operation of aircraft" or "operate aircraft"
10 means the use, navigation, or piloting of aircraft in the
11 airspace over this state or upon any airport within this
12 state.
13 (8) "Political subdivision" means any county,
14 municipality, district, port or aviation commission or
15 authority, or similar entity authorized to establish or
16 operate an airport in this state.
17 (5)(9) "Private airport" means an airport, publicly or
18 privately owned, which is not open or available for use by the
19 public. A private airport is registered with the department
20 for use of the person or persons registering the facility used
21 primarily by the licensee but may be made which is available
22 to others for use by invitation of the registrant licensee.
23 Services may be provided if authorized by the department.
24 (6)(10) "Public airport" means an airport, publicly or
25 privately owned, which meets minimum safety and service
26 standards and is open for use by the public as listed in the
27 current United States Government Flight Information
28 Publication, Airport Facility Directory. A public airport is
29 licensed by the department as meeting minimum safety
30 standards.
31
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1 (7)(11) "Temporary airport" means any an airport,
2 publicly or privately owned, that will be used for a period of
3 less than 30 90 days with no more than 10 operations per day.
4 (8)(12) "Ultralight aircraft" means any
5 heavier-than-air, motorized aircraft meeting which meets the
6 criteria for maximum weight, fuel capacity, and airspeed
7 established for such aircraft by the Federal Aviation
8 Regulation Administration under Part 103 of the Federal
9 Aviation Regulations.
10 Section 23. Section 330.29, Florida Statutes, is
11 amended to read:
12 330.29 Administration and enforcement; rules;
13 standards for airport sites and airports.--It is the duty of
14 the department to:
15 (1) Administer and enforce the provisions of this
16 chapter.
17 (2) Establish minimum standards for airport sites and
18 airports under its licensing and registration jurisdiction.
19 (3) Establish and maintain a state aviation data
20 system to facilitate licensing and registration of all
21 airports.
22 (4)(3) Adopt rules pursuant to ss. 120.536(1) and
23 120.54 to implement the provisions of this chapter.
24 Section 24. Section 330.30, Florida Statutes, is
25 amended to read:
26 330.30 Approval of airport sites and licensing of
27 airports; fees.--
28 (1) SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE
29 PERIOD, REVOCATION.--
30 (a) Except as provided in subsection (3), the owner or
31 lessee of any proposed airport shall, prior to site the
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1 acquisition of the site or prior to the construction or
2 establishment of the proposed airport, obtain approval of the
3 airport site from the department. Applications for approval
4 of a site and for an original license shall be jointly made on
5 a form prescribed by the department and shall be accompanied
6 by a site approval fee of $100. The department, after
7 inspection of the airport site, shall grant the site approval
8 if it is satisfied:
9 1. That the site is suitable adequate for the airport
10 as proposed airport;
11 2. That the airport as proposed airport, if
12 constructed or established, will conform to minimum standards
13 of safety and will comply with the applicable local government
14 land development regulation or county or municipal zoning
15 requirements;
16 3. That all nearby airports, local governments
17 municipalities, and property owners have been notified and any
18 comments submitted by them have been given adequate
19 consideration; and
20 4. That safe air-traffic patterns can be established
21 worked out for the proposed airport with and for all existing
22 airports and approved airport sites in its vicinity.
23 (b) Site approval shall be granted for public airports
24 only after a favorable department inspection of the proposed
25 site.
26 (c) Site approval shall be granted for private
27 airports only after receipt of documentation the department
28 deems necessary to satisfy the conditions in paragraph (a).
29 (d)(b) Site approval may be granted subject to any
30 reasonable conditions which the department deems may deem
31 necessary to protect the public health, safety, or welfare.
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1 (e) Such Approval shall remain valid in effect for a
2 period of 2 years after the date of issue issuance of the site
3 approval order, unless sooner revoked by the department or
4 unless, prior to the expiration of the 2-year period, a public
5 airport license is issued or private airport registration
6 granted for an airport located on the approved site has been
7 issued pursuant to subsection (2) prior to the expiration
8 date.
9 (f) The department may extend a site approval may be
10 extended for up to a maximum of 2 years for upon good cause
11 shown by the owner or lessee of the airport site.
12 (g)(c) The department may revoke a site such approval
13 if it determines:
14 1. That there has been an abandonment of the site has
15 been abandoned as an airport site;
16 2. That there has been a failure within a reasonable
17 time to develop the site has not been developed as an airport
18 within a reasonable time period or development does not to
19 comply with the conditions of the site approval;
20 3. That except as required for in-flight emergencies
21 the operation of aircraft have operated of a nonemergency
22 nature has occurred on the site; or
23 4. That, because of changed physical or legal
24 conditions or circumstances, the site is no longer usable for
25 the aviation purposes due to physical or legal changes in
26 conditions that were the subject of for which the approval was
27 granted.
28 (2) LICENSES AND REGISTRATIONS; REQUIREMENTS, FEES,
29 RENEWAL, REVOCATION.--
30 (a) Except as provided in subsection (3), the owner or
31 lessee of any an airport in this state must have either a
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1 public airport obtain a license or private airport
2 registration prior to the operation of aircraft to or from the
3 facility on the airport. An Application for a such license or
4 registration shall be made on a form prescribed by the
5 department and shall be accomplished jointly with an
6 application for site approval. Upon granting site approval:,
7 making a favorable final airport inspection report indicating
8 compliance with all license requirements, and receiving the
9 appropriate license fee, the department shall issue a license
10 to the applicant, subject to any reasonable conditions that
11 the department may deem necessary to protect the public
12 health, safety, or welfare.
13 1. For a public airport, the department shall issue a
14 license after a final airport inspection finds the facility to
15 be in compliance with all requirements for the license. The
16 license may be subject to any reasonable conditions that the
17 department may deem necessary to protect the public health,
18 safety, or welfare.
19 2. For a private airport, the department shall provide
20 controlled electronic access to the state aviation facility
21 data system to permit the applicant to complete the
22 registration process. Registration shall be completed upon
23 self-certification by the registrant of operational and
24 configuration data deemed necessary by the department.
25 (b) The department is authorized to license a public
26 an airport that does not meet all of the minimum standards
27 only if it determines that such exception is justified by
28 unusual circumstances or is in the interest of public
29 convenience and does not endanger the public health, safety,
30 or welfare. Such a license shall bear the designation
31
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1 "special" and shall state the conditions subject to which the
2 license is granted.
3 (c) The department may authorize a site to be used as
4 a temporary airport if it finds, after inspection of the site,
5 that the airport will not endanger the public health, safety,
6 or welfare. A temporary airport will not require a license or
7 registration. Such Authorization to use a site for a temporary
8 airport will be valid for shall expire not more later than 30
9 90 days after issuance and is not renewable.
10 (d) The license fees for the four categories of
11 airport licenses are:
12 1. Public airport: $100.
13 2. Private airport: $70.
14 3. Limited airport: $50.
15 4. Temporary airport: $25.
16
17 Airports owned or operated by the state, a county, or a
18 municipality and emergency helistops operated by licensed
19 hospitals are required to be licensed but are exempt from the
20 payment of site approval fees and annual license fees.
21 (d)(e)1. Each public airport license will expire no
22 later than 1 year after the effective date of the license,
23 except that the expiration date of a license may be adjusted
24 to provide a maximum license period of 18 months to facilitate
25 airport inspections, recognize seasonal airport operations, or
26 improve administrative efficiency. If the expiration date for
27 a public airport is adjusted, the appropriate license fee
28 shall be determined by prorating the annual fee based on the
29 length of the adjusted license period.
30 2. Registration The license period for private all
31 airports other than public airports will remain valid provided
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1 specific elements of airport data, established by the
2 department, are periodically recertified by the airport
3 registrant. The ability to recertify private airport
4 registration data shall be available at all times by
5 electronic submittal. Recertification shall be required each
6 12 months. A private airport registration that has not been
7 recertified in the 12-month period following the last
8 certification shall expire. The expiration date of the current
9 registration period will be clearly identifiable from the
10 state aviation facility data system. be set by the department,
11 but shall not exceed a period of 5 years. In determining the
12 license period for such airports, the department shall
13 consider the number of based aircraft, the airport location
14 relative to adjacent land uses and other airports, and any
15 other factors deemed by the department to be critical to
16 airport operation and safety.
17 3. The effective date and expiration date shall be
18 shown on public airport licenses stated on the face of the
19 license. Upon receiving an application for renewal of a public
20 airport license on a form prescribed by the department and,
21 making a favorable inspection report indicating compliance
22 with all applicable requirements and conditions, and receiving
23 the appropriate annual license fee, the department shall renew
24 the license, subject to any conditions deemed necessary to
25 protect the public health, safety, or welfare.
26 4. The department may require a new site approval for
27 any an airport if the license or registration of the airport
28 has expired not been renewed by the expiration date.
29 5. If the renewal application for a public airport
30 license has and fees have not been received by the department
31 or no private airport registration recertification has been
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1 accomplished within 15 days after the date of expiration of
2 the license, the department may close the airport.
3 (e)(f) The department may revoke any airport
4 registration, license, or license renewal thereof, or refuse
5 to allow registration or issue a registration or license
6 renewal, if it determines:
7 1. That the site there has been abandoned as an an
8 abandonment of the airport as such;
9 2. That the airport does not there has been a failure
10 to comply with the registration, license, license renewal, or
11 site conditions of the license or renewal thereof; or
12 3. That, because of changed physical or legal
13 conditions or circumstances, the airport has become either
14 unsafe or unusable for flight operation due to physical or
15 legal changes in conditions that were the subject of approval
16 the aeronautical purposes for which the license or renewal was
17 issued.
18 (3) EXEMPTIONS.--The provisions of this section do not
19 apply to:
20 (a) An airport owned or operated by the United States.
21 (b) An ultralight aircraft landing area; except that
22 any public ultralight airport located more than within 5
23 nautical miles from a of another public airport or military
24 airport, except or any ultralight landing area with more than
25 10 ultralight aircraft operating from the site is subject to
26 the provisions of this section.
27 (c) A helistop used solely in conjunction with a
28 construction project undertaken pursuant to the performance of
29 a state contract if the purpose of the helicopter operations
30 at the site is to expedite construction.
31
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1 (d) An airport under the jurisdiction or control of a
2 county or municipal aviation authority or a county or
3 municipal port authority or the Spaceport Florida Authority;
4 however, the department shall license any such airport if such
5 authority does not elect to exercise its exemption under this
6 subsection.
7 (d)(e) A helistop used by mosquito control or
8 emergency services, not to include areas where permanent
9 facilities are installed, such as hospital landing sites.
10 (e)(f) An airport which meets the criteria of s.
11 330.27(11) used exclusively for aerial application or spraying
12 of crops on a seasonal basis, not to include any licensed
13 airport where permanent crop aerial application or spraying
14 facilities are installed, if the period of operation does not
15 exceed 30 days per calendar year. Such proposed airports,
16 which will be located within 3 miles of existing airports or
17 approved airport sites, shall work out safe air-traffic
18 patterns with such existing airports or approved airport
19 sites, by memorandums of understanding, or by letters of
20 agreement between the parties representing the airports or
21 sites.
22 (4) EXCEPTIONS.--Private airports with ten or more
23 based aircraft may request to be inspected and licensed by the
24 department. Private airports licensed according to this
25 subsection shall be considered private airports as defined in
26 s. 330.27(5) in all other respects.
27 Section 25. Subsection (2) of section 330.35, Florida
28 Statutes, is amended to read:
29 330.35 Airport zoning, approach zone protection.--
30 (2) Airports licensed for general public use under the
31 provisions of s. 330.30 are eligible for airport zoning
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1 approach zone protection, and the procedure shall be the same
2 as is prescribed in chapter 333.
3 Section 26. Subsection (2) of section 330.36, Florida
4 Statutes, is amended to read:
5 330.36 Prohibition against county or municipal
6 licensing of airports; regulation of seaplane landings.--
7 (2) A municipality may prohibit or otherwise regulate,
8 for specified public health and safety purposes, the landing
9 of seaplanes in and upon any public waters of the state which
10 are located within the limits or jurisdiction of, or bordering
11 on, the municipality upon adoption of zoning requirements in
12 compliance with the provisions of subsection (1).
13 Section 27. Subsection (4) of section 332.004, Florida
14 Statutes, is amended to read:
15 332.004 Definitions of terms used in ss.
16 332.003-332.007.--As used in ss. 332.003-332.007, the term:
17 (4) "Airport or aviation development project" or
18 "development project" means any activity associated with the
19 design, construction, purchase, improvement, or repair of a
20 public-use airport or portion thereof, including, but not
21 limited to: the purchase of equipment; the acquisition of
22 land, including land required as a condition of a federal,
23 state, or local permit or agreement for environmental
24 mitigation; off-airport noise mitigation projects; the
25 removal, lowering, relocation, marking, and lighting of
26 airport hazards; the installation of navigation aids used by
27 aircraft in landing at or taking off from a public airport;
28 the installation of safety equipment required by rule or
29 regulation for certification of the airport under s. 612 of
30 the Federal Aviation Act of 1958, and amendments thereto; and
31 the improvement of access to the airport by road or rail
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1 system which is on airport property and which is consistent,
2 to the maximum extent feasible, with the approved local
3 government comprehensive plan of the units of local government
4 in which the airport is located.
5 Section 28. Subsection (4) is added to section 333.06,
6 Florida Statutes, to read:
7 333.06 Airport zoning requirements.--
8 (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO
9 AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be
10 prepared by each publicly owned and operated airport licensed
11 by the Department of Transportation under chapter 330. The
12 authorized entity having responsibility for governing the
13 operation of the airport, when either requesting from or
14 submitting to a state or federal governmental agency with
15 funding or approval jurisdiction a "finding of no significant
16 impact," an environmental assessment, a site-selection study,
17 an airport master plan, or any amendment to an airport master
18 plan, shall submit simultaneously a copy of said request,
19 submittal, assessment, study, plan, or amendments by certified
20 mail to all affected local governments. For the purposes of
21 this subsection, "affected local government" is defined as any
22 city or county having jurisdiction over the airport and any
23 city or county located within 2 miles of the boundaries of the
24 land subject to the airport master plan.
25 Section 29. Subsection (5) and paragraph (b) of
26 subsection (15) of section 334.044, Florida Statutes, are
27 amended to read:
28 334.044 Department; powers and duties.--The department
29 shall have the following general powers and duties:
30 (5) To purchase, lease, or otherwise acquire property
31 and materials, including the purchase of promotional items as
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1 part of public information and education campaigns for the
2 promotion of scenic highways, traffic and train safety
3 awareness, alternatives to single-occupant vehicle travel, and
4 commercial motor vehicle safety; to purchase, lease, or
5 otherwise acquire equipment and supplies; and to sell,
6 exchange, or otherwise dispose of any property that is no
7 longer needed by the department.
8 (15) To regulate and prescribe conditions for the
9 transfer of stormwater to the state right-of-way as a result
10 of manmade changes to adjacent properties.
11 (b) The department is specifically authorized to adopt
12 rules which set forth the purpose; necessary definitions;
13 permit exceptions; permit and assurance requirements; permit
14 application procedures; permit forms; general conditions for a
15 drainage permit; provisions for suspension or revocation of a
16 permit; and provisions for department recovery of fines,
17 penalties, and costs incurred due to permittee actions. In
18 order to avoid duplication and overlap with other units of
19 government, the department shall accept a surface water
20 management permit issued by a water management district, the
21 Department of Environmental Protection, a surface water
22 management permit issued by a delegated local government, or a
23 permit issued pursuant to an approved Stormwater Management
24 Plan or Master Drainage Plan; provided issuance is based on
25 requirements equal to or more stringent than those of the
26 department. The department may enter into a permit delegation
27 agreement with a governmental entity provided issuance is
28 based on requirements that the department determines will
29 ensure the safety and integrity of the Department of
30 Transportation facilities.
31
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1 Section 30. Section 334.193, Florida Statutes, is
2 amended to read:
3 334.193 Unlawful for certain persons to be financially
4 interested in purchases, sales, and certain contracts;
5 penalties.--
6 (1) It is unlawful for a state officer, or an employee
7 or agent of the department, or for any company, corporation,
8 or firm in which a state officer, or an employee or agent of
9 the department has a financial interest, to bid on, enter
10 into, or be personally interested in:
11 (a) The purchase or the furnishing of any materials or
12 supplies to be used in the work of the state.
13 (b) A contract for the construction of any state road,
14 the sale of any property, or the performance of any other work
15 for which the department is responsible.
16 (2) Notwithstanding the provisions of subsection (1):
17 (a) The department is authorized to consider
18 competitive bids or proposals by employees or employee work
19 groups who have a financial interest in matters referenced in
20 subsection (1), where the subject matter of a request for bids
21 or proposals by the department includes functions performed by
22 the employees or employee work groups of the department prior
23 to the request for bids or proposals. However, if the
24 employees, employee work groups, or entity in which an
25 employee of the department has an interest is the successful
26 bidder or proposer, such employee or employees must resign
27 from department employment prior to executing an agreement to
28 perform the matter bid upon.
29 (b) The department is authorized to consider
30 competitive bids or proposals of employees or employee work
31 groups submitted on behalf of the department to perform the
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1 subject matter of requests for bids or proposals. The
2 department is authorized to select such bid or proposal for
3 performance of the work by the department.
4
5 The department is authorized to update existing rules or
6 promulgate new rules pertaining to employee usage of
7 department equipment, facilities, and supplies during business
8 hours for nondepartment activities in order to implement this
9 subsection.
10 (3) Any person who is convicted of a violation of this
11 section is guilty of a misdemeanor of the first degree,
12 punishable as provided in s. 775.082 or s. 775.083, and shall
13 be removed from his or her office or employment.
14 Section 31. Section 334.30, Florida Statutes, is
15 amended to read:
16 334.30 Public-private Private transportation
17 facilities.--The Legislature hereby finds and declares that
18 there is a public need for rapid construction of safe and
19 efficient transportation facilities for the purpose of travel
20 within the state, and that it is in the public's interest to
21 provide for public-private partnership agreements to
22 effectuate the construction of additional safe, convenient,
23 and economical transportation facilities.
24 (1) The department may receive or solicit proposals
25 and, with legislative approval by a separate bill for each
26 facility, enter into agreements with private entities, or
27 consortia thereof, for the building, operation, ownership, or
28 financing of transportation facilities. The department is
29 authorized to adopt rules to implement this section and shall
30 by rule establish an application fee for the submission of
31 proposals under this section. The fee must be sufficient to
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1 pay the costs of evaluating the proposals. The department may
2 engage the services of private consultants to assist in the
3 evaluation. Before seeking legislative approval, the
4 department must determine that the proposed project:
5 (a) Is in the public's best interest.;
6 (b) Would not require state funds to be used unless
7 there is an overriding state interest. However, the department
8 may use state resources for a transportation facility project
9 that is on the State Highway System or that provides for
10 increased mobility on the state's transportation system.; and
11 (c) Would have adequate safeguards in place to ensure
12 that no additional costs or service disruptions would be
13 realized by the traveling public and citizens of the state in
14 the event of default or cancellation of the agreement by the
15 department.
16
17 The department shall ensure that all reasonable costs to the
18 state and substantially affected local governments and
19 utilities, related to the private transportation facility, are
20 borne by the private entity.
21 (2) The use of funds from the State Transportation
22 Trust Fund is limited to advancing projects already programmed
23 in the adopted 5-year work program or to no more than a
24 statewide total of $50 million in capital costs for all
25 projects not programmed in the adopted 5-year work program.
26 (3) The department may request proposals for
27 public-private transportation proposals or, if the department
28 receives a proposal, shall publish a notice in a newspaper of
29 general circulation at least once a week for 2 weeks, stating
30 that the department has received the proposal and will accept,
31 for 60 days after the initial date of publication, other
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1 proposals for the same project purpose. A copy of the notice
2 must be mailed to each local government in the affected area.
3 Notwithstanding any other provision of law, entities selected
4 by the department in this manner shall be deemed to have
5 complied with open competition provisions of law.
6 (4) A separate bill for projects requiring legislative
7 approval shall be required for each facility requesting funds
8 from the State Transportation Trust Fund in excess of a
9 statewide total of $50 million in capital cost for all
10 projects not programmed in the 5-year work program.
11 (5)(2) Agreements entered into pursuant to this
12 section may authorize the private entity to impose tolls or
13 fares for the use of the facility. However, the amount and
14 use of toll or fare revenues may be regulated by the
15 department to avoid unreasonable costs to users of the
16 facility.
17 (6)(3) Each private transportation facility
18 constructed pursuant to this section shall comply with all
19 requirements of federal, state, and local laws; state,
20 regional, and local comprehensive plans; department rules,
21 policies, procedures, and standards for transportation
22 facilities; and any other conditions which the department
23 determines to be in the public's best interest.
24 (7)(4) The department may exercise any power possessed
25 by it, including eminent domain, with respect to the
26 development and construction of state transportation projects
27 to facilitate the development and construction of
28 transportation projects pursuant to this section. For
29 public-private facilities located on the State Highway System,
30 the department may pay all or part of the cost of operating
31 and maintaining the facility. For facilities not located on
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1 the State Highway System, the department may provide services
2 to the private entity and. agreements for maintenance, law
3 enforcement, and other services entered into pursuant to this
4 section shall provide for full reimbursement for services
5 rendered.
6 (8)(5) Except as herein provided, the provisions of
7 this section are not intended to amend existing laws by
8 granting additional powers to, or further restricting, local
9 governmental entities from regulating and entering into
10 cooperative arrangements with the private sector for the
11 planning, construction, and operation of transportation
12 facilities.
13 (9) The department shall have the authority to create,
14 or assist in the creation of, tax-exempt, public-purpose
15 chapter 63-20 corporations as provided for under the Internal
16 Revenue Code, for the purpose of shielding the state from
17 possible financing risks for projects under this section.
18 Chapter 63-20 corporations may receive State Transportation
19 Trust Fund grants from the department. The department shall be
20 empowered to enter into public-private partnership agreements
21 with chapter 63-20 corporations for projects under this
22 section.
23 (10) The department may lend funds from the Toll
24 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
25 chapter 63-20 corporations that propose projects containing
26 toll facilities. To be eligible, the chapter 63-20 corporation
27 must meet the provisions of s. 338.251 and must also provide
28 credit support, such as a letter of credit or other means
29 acceptable to the department, to ensure the loans will be
30 repaid as required by law.
31
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1 (11)(6) Notwithstanding s. 341.327, a fixed-guideway
2 transportation system authorized by the department to be
3 wholly or partially within the department's right-of-way
4 pursuant to a lease granted under s. 337.251 may operate at
5 any safe speed.
6 Section 32. Section 335.066, Florida Statutes, is
7 created to read:
8 335.066 Safe Paths to Schools Program.--
9 (1) There is hereby established within the Department
10 of Transportation the Safe Paths to Schools Program to
11 consider the planning and construction of bicycle and
12 pedestrian ways to provide safe transportation for children
13 from neighborhoods to schools, parks, and the state's
14 greenways and trails system.
15 (2) As part of the Safe Paths to Schools Program, the
16 department may establish a grant program to fund local,
17 regional, and state bicycle and pedestrian projects that
18 support the program.
19 (3) The department may adopt appropriate rules for the
20 administration of the Safe Paths to Schools Program.
21 Section 33. Subsections (3), (4), and (5) of section
22 335.141, Florida Statutes, are amended to read:
23 335.141 Regulation of public railroad-highway grade
24 crossings; reduction of hazards.--
25 (3) The department is authorized to regulate the speed
26 limits of railroad traffic on a municipal, county, regional,
27 or statewide basis. Such speed limits shall be established by
28 order of the department, which order is subject to the
29 provisions of chapter 120. The department shall have the
30 authority to adopt reasonable rules to carry out the
31 provisions of this subsection. Such rules shall, at a minimum,
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1 provide for public input prior to the issuance of any such
2 order.
3 (4) Jurisdiction to enforce such orders shall be as
4 provided in s. 316.640, and any penalty for violation thereof
5 shall be imposed upon the railroad company guilty of such
6 violation. Nothing herein shall prevent a local governmental
7 entity from enacting ordinances relating to the blocking of
8 streets by railroad engines and cars.
9 (4)(5) Any local governmental entity or other public
10 or private agency planning a public event, such as a parade or
11 race, that involves the crossing of a railroad track shall
12 notify the railroad as far in advance of the event as possible
13 and in no case less than 72 hours in advance of the event so
14 that the coordination of the crossing may be arranged by the
15 agency and railroad to assure the safety of the railroad
16 trains and the participants in the event.
17 Section 34. Section 336.12, Florida Statutes, is
18 amended to read:
19 336.12 Closing and abandonment of roads; termination
20 of easement; conveyance of fee; optional conveyance for gated
21 communities.--
22 (1) Except as otherwise provided in subsection (2),
23 the act of any commissioners in closing or abandoning any such
24 road, or in renouncing or disclaiming any rights in any land
25 delineated on any recorded map as a road, shall abrogate the
26 easement theretofore owned, held, claimed or used by or on
27 behalf of the public and the title of fee owners shall be
28 freed and released therefrom; and if the fee of road space has
29 been vested in the county, same will be thereby surrendered
30 and will vest in the abutting fee owners to the extent and in
31
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1 the same manner as in case of termination of an easement for
2 road purposes.
3 (2) The governing body of the county may abandon the
4 roads and rights-of-way dedicated in a recorded residential
5 subdivision plat and simultaneously convey the county's
6 interest in such roads, rights-of-way, and appurtenant
7 drainage facilities to a homeowners' association for the
8 subdivision, if the following conditions have been met:
9 (a) The homeowners' association has requested the
10 abandonment and conveyance in writing for the purpose of
11 converting the subdivision to a gated neighborhood with
12 restricted public access.
13 (b) No fewer than four-fifths of the owners of record
14 of property located in the subdivision have consented in
15 writing to the abandonment and simultaneous conveyance to the
16 homeowners' association.
17 (c) The homeowners' association is both a corporation
18 not for profit organized and in good standing under chapter
19 617, and a "homeowners' association" as defined in s.
20 720.301(7) with the power to levy and collect assessments for
21 routine and periodic major maintenance and operation of street
22 lighting, drainage, sidewalks, and pavement in the
23 subdivision.
24 (d) The homeowners' association has entered into and
25 executed such agreements, covenants, warranties, and other
26 instruments; has provided, or has provided assurance of, such
27 funds, reserve funds, and funding sources; and has satisfied
28 such other requirements and conditions as may be established
29 or imposed by the county with respect to the ongoing
30 operation, maintenance, and repair and the periodic
31 reconstruction or replacement of the roads, drainage, street
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1 lighting, and sidewalks in the subdivision after the
2 abandonment by the county.
3
4 Upon abandonment of the roads and rights-of-way and the
5 conveyance thereof to the homeowners' association, the
6 homeowners' association shall have all the rights, title, and
7 interests in the roads and rights-of-way, including all
8 appurtenant drainage facilities, as were previously vested in
9 the county. Thereafter, the homeowners' association shall
10 hold the roads and rights-of-way in trust for the benefit of
11 the owners of the property in the subdivision, and shall
12 operate, maintain, repair, and, from time to time, replace and
13 reconstruct the roads, street lighting, sidewalks, and
14 drainage facilities as necessary to ensure their use and
15 enjoyment by the property owners, tenants, and residents of
16 the subdivision and their guests and invitees.
17 Section 35. Subsection (4) is added to section 336.41,
18 Florida Statutes, to read:
19 336.41 Counties; employing labor and providing road
20 equipment; definitions.--
21 (4)(a) For contracts in excess of $250,000, any county
22 may require that persons interested in performing work under
23 the contract first be certified or qualified to do the work.
24 Any contractor prequalified and considered eligible to bid by
25 the department to perform the type of work described under the
26 contract shall be presumed to be qualified to perform the work
27 so described. Any contractor may be considered ineligible to
28 bid by the county if the contractor is behind an approved
29 progress schedule by 10 percent or more on another project for
30 that county at the time of the advertisement of the work. The
31 county may provide an appeal process to overcome such
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1 consideration with de novo review based on the record below to
2 the circuit court.
3 (b) The county shall publish prequalification criteria
4 and procedures prior to advertisement or notice of
5 solicitation. Such publications shall include notice of a
6 public hearing for comment on such criteria and procedures
7 prior to adoption. The procedures shall provide for an appeal
8 process within the county for objections to the
9 prequalification process with de novo review based on the
10 record below to the circuit court.
11 (c) The county shall also publish for comment, prior
12 to adoption, the selection criteria and procedures to be used
13 by the county if such procedures would allow selection of
14 other than the lowest responsible bidder. The selection
15 criteria shall include an appeal process within the county
16 with de novo review based on the record below to the circuit
17 court.
18 Section 36. Subsection (2) of section 336.44, Florida
19 Statutes, is amended to read:
20 336.44 Counties; contracts for construction of roads;
21 procedure; contractor's bond.--
22 (2) Such contracts shall be let to the lowest
23 responsible competent bidder, after publication of notice for
24 bids containing specifications furnished by the commissioners
25 in a newspaper published in the county where such contract is
26 made, at least once each week for 2 consecutive weeks prior to
27 the making of such contract.
28 Section 37. Section 337.107, Florida Statutes, is
29 amended to read:
30 337.107 Contracts for right-of-way services.--The
31 department may enter into contracts pursuant to s. 287.055 or
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1 s. 337.025 for right-of-way services on transportation
2 corridors and transportation facilities or the department may
3 include right-of-way services as part of design-build
4 contracts awarded pursuant to s. 337.11. Right-of-way
5 services include negotiation and acquisition services,
6 appraisal services, demolition and removal of improvements,
7 and asbestos-abatement services.
8 Section 38. Paragraph (c) of subsection (6) and
9 paragraph (a) of subsection (7) of section 337.11, Florida
10 Statutes, are amended to read:
11 337.11 Contracting authority of department; bids;
12 emergency repairs, supplemental agreements, and change orders;
13 combined design and construction contracts; progress payments;
14 records; requirements of vehicle registration.--
15 (6)
16 (c) When the department determines that it is in the
17 best interest of the public for reasons of public concern,
18 economy, improved operations or safety, and only when
19 circumstances dictate rapid completion of the work, the
20 department may, up to the threshold amount of $120,000
21 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
22 for construction and maintenance without advertising and
23 receiving competitive bids. However, if legislation is enacted
24 by the Legislature which changes the category thresholds, the
25 threshold amount shall remain at $60,000. The department may
26 enter into such contracts only upon a determination that the
27 work is necessary for one of the following reasons:
28 1. To ensure timely completion of projects or
29 avoidance of undue delay for other projects;
30
31
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1 2. To accomplish minor repairs or construction and
2 maintenance activities for which time is of the essence and
3 for which significant cost savings would occur; or
4 3. To accomplish nonemergency work necessary to ensure
5 avoidance of adverse conditions that affect the safe and
6 efficient flow of traffic.
7
8 The department shall make a good faith effort to obtain two or
9 more quotes, if available, from qualified contractors before
10 entering into any contract. The department shall give
11 consideration to disadvantaged business enterprise
12 participation. However, when the work exists within the limits
13 of an existing contract, the department shall make a good
14 faith effort to negotiate and enter into a contract with the
15 prime contractor on the existing contract.
16 (7)(a) If the head of the department determines that
17 it is in the best interests of the public, the department may
18 combine the design and construction phases of a building, a
19 major bridge, an enhancement project, or a rail corridor
20 project into a single contract. Such contract is referred to
21 as a design-build contract. Design-build contracts may be
22 advertised and awarded notwithstanding the requirements of
23 paragraph (c) of subsection (3). However, construction
24 activities may not begin on any portion of such projects until
25 title to the necessary rights-of-way and easements for the
26 construction of such portion of the project has vested in the
27 state or a local governmental entity and all railroad crossing
28 and utility agreements have been executed. Title to
29 rights-of-way vests in the state when the title has been
30 dedicated to the public or acquired by prescription.
31
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1 Section 39. Subsection (4) of section 337.14, Florida
2 Statutes, is amended, and subsection (9) is added to said
3 section, to read:
4 337.14 Application for qualification; certificate of
5 qualification; restrictions; request for hearing.--
6 (4) If the applicant is found to possess the
7 prescribed qualifications, the department shall issue to him
8 or her a certificate of qualification that which, unless
9 thereafter revoked by the department for good cause, will be
10 valid for a period of 18 16 months after from the date of the
11 applicant's financial statement or such shorter period as the
12 department prescribes may prescribe. If In the event the
13 department finds that an application is incomplete or contains
14 inadequate information or information that which cannot be
15 verified, the department may request in writing that the
16 applicant provide the necessary information to complete the
17 application or provide the source from which any information
18 in the application may be verified. If the applicant fails to
19 comply with the initial written request within a reasonable
20 period of time as specified therein, the department shall
21 request the information a second time. If the applicant fails
22 to comply with the second request within a reasonable period
23 of time as specified therein, the application shall be denied.
24 (9)(a) Notwithstanding any other law to the contrary,
25 for contracts in excess of $250,000, an authority created
26 pursuant to chapter 348 or chapter 349 may require that
27 persons interested in performing work under contract first be
28 certified or qualified to do the work. Any contractor may be
29 considered ineligible to bid by the governmental entity or
30 authority if the contractor is behind an approved progress
31 schedule for the governmental entity or authority by 10
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1 percent or more at the time of advertisement of the work. Any
2 contractor prequalified and considered eligible by the
3 department to bid to perform the type of work described under
4 the contract shall be presumed to be qualified to perform the
5 work so described. The governmental entity or authority may
6 provide an appeal process to overcome that presumption with de
7 novo review based on the record below to the circuit court.
8 (b) With respect to contractors not prequalified with
9 the department, the authority shall publish prequalification
10 criteria and procedures prior to advertisement or notice of
11 solicitation. Such publications shall include notice of a
12 public hearing for comment on such criteria and procedures
13 prior to adoption. The procedures shall provide for an appeal
14 process within the authority for objections to the
15 prequalification process with de novo review based on the
16 record below to the circuit court.
17 (c) An authority may establish criteria and procedures
18 whereunder contractor selection may occur on a basis other
19 than the lowest responsible bidder. Prior to adoption, the
20 authority shall publish for comment the proposed criteria and
21 procedures. Review of the adopted criteria and procedures
22 shall be to the circuit court, within 30 days after adoption,
23 with de novo review based on the record below.
24 Section 40. Subsection (2) of section 337.401, Florida
25 Statutes, is amended to read:
26 337.401 Use of right-of-way for utilities subject to
27 regulation; permit; fees.--
28 (2) The authority may grant to any person who is a
29 resident of this state, or to any corporation which is
30 organized under the laws of this state or licensed to do
31 business within this state, the use of a right-of-way for the
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1 utility in accordance with such rules or regulations as the
2 authority may adopt. No utility shall be installed, located,
3 or relocated unless authorized by a written permit issued by
4 the authority. However, for public roads or publicly owned
5 rail corridors under the jurisdiction of the department, a
6 utility relocation schedule and relocation agreement may be
7 executed in lieu of a written permit. The permit shall require
8 the permitholder to be responsible for any damage resulting
9 from the issuance of such permit. The authority may initiate
10 injunctive proceedings as provided in s. 120.69 to enforce
11 provisions of this subsection or any rule or order issued or
12 entered into pursuant thereto.
13 Section 41. Subsections (1) and (2) of section 339.08,
14 Florida Statutes, are amended to read:
15 339.08 Use of moneys in State Transportation Trust
16 Fund.--
17 (1) The department shall expend by rule provide for
18 the expenditure of the moneys in the State Transportation
19 Trust Fund accruing to the department, in accordance with its
20 annual budget.
21 (2) These rules must restrict The use of such moneys
22 shall be restricted to the following purposes:
23 (a) To pay administrative expenses of the department,
24 including administrative expenses incurred by the several
25 state transportation districts, but excluding administrative
26 expenses of commuter rail authorities that do not operate rail
27 service.
28 (b) To pay the cost of construction of the State
29 Highway System.
30 (c) To pay the cost of maintaining the State Highway
31 System.
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1 (d) To pay the cost of public transportation projects
2 in accordance with chapter 341 and ss. 332.003-332.007.
3 (e) To reimburse counties or municipalities for
4 expenditures made on projects in the State Highway System as
5 authorized by s. 339.12(4) upon legislative approval.
6 (f) To pay the cost of economic development
7 transportation projects in accordance with s. 288.063.
8 (g) To lend or pay a portion of the operating,
9 maintenance, and capital costs of a revenue-producing
10 transportation project that is located on the State Highway
11 System or that is demonstrated to relieve traffic congestion
12 on the State Highway System.
13 (h) To match any federal-aid funds allocated for any
14 other transportation purpose, including funds allocated to
15 projects not located in the State Highway System.
16 (i) To pay the cost of county road projects selected
17 in accordance with the Small County Road Assistance Program
18 created in s. 339.2816.
19 (j) To pay the cost of county or municipal road
20 projects selected in accordance with the County Incentive
21 Grant Program created in s. 339.2817 and the Small County
22 Outreach Program created in s. 339.2818.
23 (k) To provide loans and credit enhancements for use
24 in constructing and improving highway transportation
25 facilities selected in accordance with the state-funded
26 infrastructure bank created in s. 339.55.
27 (l) To fund the Transportation Outreach Program
28 created in s. 339.137.
29 (m) To pay other lawful expenditures of the
30 department.
31
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1 Section 42. Subsection (5) of section 339.12, Florida
2 Statutes, is amended, and subsection (10) is added to said
3 section, to read:
4 339.12 Aid and contributions by governmental entities
5 for department projects; federal aid.--
6 (5) The department and the governing body of a
7 governmental entity may enter into an agreement by which the
8 governmental entity agrees to perform a highway project or
9 project phase in the department's adopted work program that is
10 not revenue producing or any public transportation project in
11 the adopted work program. By specific provision in the
12 written agreement between the department and the governing
13 body of the governmental entity, the department may agree to
14 compensate reimburse the governmental entity the actual cost
15 for the project or project phase contained in the adopted work
16 program. Compensation Reimbursement to the governmental entity
17 for such project or project phases must be made from funds
18 appropriated by the Legislature, and compensation
19 reimbursement for the cost of the project or project phase is
20 to begin in the year the project or project phase is scheduled
21 in the work program as of the date of the agreement.
22 (10) Effective January 1, 2004, any county with a
23 population greater than 50,000 in which at least 15.5 percent
24 of its total real property is off the ad valorem tax rolls due
25 to state property tax exemptions, and which dedicates at least
26 50 percent of its 1-cent local option sales tax proceeds over
27 the life of the tax for improvements to the State
28 Transportation System or to local projects directly upgrading
29 the State Transportation System within the county's boundary,
30 shall receive maintenance funding from the department at a
31 level at least equal to the average of the past 10 years of
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1 transportation expenditures for planning, design,
2 right-of-way, and construction for that county. The
3 calculation of such maintenance funding shall not include the
4 State and Federal Bridge Replacement Program, the Interstate
5 program, seaports, state economic development, toll capital
6 assistance, small county resurfacing, railroad hazard
7 elimination, emergency funds, and toll projects. The county
8 shall have adopted a list of specific state road projects to
9 be paid for with a 1-cent local option sales tax prior to the
10 ballot referendum. The county shall enter into a joint project
11 agreement with the department obligating a 50 percent or
12 greater portion, over the life of the 1-cent local option
13 sales tax, to the department for improvements to the State
14 Transportation System. The department shall enter into a
15 joint project agreement with the county, over the life of the
16 sales tax, committing to a maintenance level of funding at
17 least equal to the average of the past 10 years of
18 transportation expenditures for planning, design,
19 right-of-way, and construction for that county. The county
20 government receiving these funds from the department shall
21 distribute the funds in accordance with ss. 212.055(2)(c)2.
22 and 218.62. It is not the intent of the Legislature to provide
23 a windfall for counties. The intent is to hold harmless any
24 eligible county willing to fund millions of dollars for state
25 transportation improvements in its jurisdiction with a funding
26 level to an average of what the department typically
27 appropriates to that county for state transportation
28 improvements, less any department projects for the county not
29 included in the list of state projects the county is funding
30 through the 1-cent local option sales tax.
31
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1 Section 43. Paragraphs (a), (f), and (g) of subsection
2 (4) of section 339.135, Florida Statutes, are amended to read:
3 339.135 Work program; legislative budget request;
4 definitions; preparation, adoption, execution, and
5 amendment.--
6 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
7 (a)1. To assure that no district or county is
8 penalized for local efforts to improve the State Highway
9 System, the department shall, for the purpose of developing a
10 tentative work program, allocate funds for new construction to
11 the districts, except for the turnpike enterprise district,
12 based on equal parts of population and motor fuel tax
13 collections. Funds for resurfacing, bridge repair and
14 rehabilitation, bridge fender system construction or repair,
15 public transit projects except public transit block grants as
16 provided in s. 341.052, and other programs with quantitative
17 needs assessments shall be allocated based on the results of
18 these assessments. The department may not transfer any funds
19 allocated to a district under this paragraph to any other
20 district except as provided in subsection (7). Funds for
21 public transit block grants shall be allocated to the
22 districts pursuant to s. 341.052.
23 2. Notwithstanding the provisions of subparagraph 1.,
24 the department shall allocate at least 50 percent of any new
25 discretionary highway capacity funds to the Florida Intrastate
26 Highway System established pursuant to s. 338.001. Any
27 remaining new discretionary highway capacity funds shall be
28 allocated to the districts for new construction as provided in
29 subparagraph 1. For the purposes of this subparagraph, the
30 term "new discretionary highway capacity funds" means any
31 funds available to the department above the prior year funding
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1 level for capacity improvements, which the department has the
2 discretion to allocate to highway projects.
3 (f) The central office shall submit a preliminary copy
4 of the tentative work program to the Executive Office of the
5 Governor, the legislative appropriations committees, the
6 Florida Transportation Commission, and the Department of
7 Community Affairs at least 14 days prior to the convening of
8 the regular legislative session. Prior to the statewide
9 public hearing required by paragraph (g), the Department of
10 Community Affairs shall transmit to the Florida Transportation
11 Commission a list of those projects and project phases
12 contained in the tentative work program which are identified
13 as being inconsistent with approved local government
14 comprehensive plans. For urbanized areas of metropolitan
15 planning organizations, the list may not contain any project
16 or project phase that is scheduled in a transportation
17 improvement program unless such inconsistency has been
18 previously reported to the affected metropolitan planning
19 organization. The commission shall consider the list as part
20 of its evaluation of the tentative work program conducted
21 pursuant to s. 20.23.
22 (g) The Florida Transportation Commission shall
23 conduct a statewide public hearing on the tentative work
24 program and shall advertise the time, place, and purpose of
25 the hearing in the Florida Administrative Weekly at least 7
26 days prior to the hearing. As part of the statewide public
27 hearing, the commission shall, at a minimum:
28 1. Conduct an in-depth evaluation of the tentative
29 work program as required in s. 20.23 for compliance with
30 applicable laws and departmental policies; and
31
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1 2. Hear all questions, suggestions, or other comments
2 offered by the public.
3
4 By no later than 14 days after the regular legislative session
5 begins, the commission shall submit to the Executive Office of
6 the Governor and the legislative appropriations committees a
7 report that evaluates the tentative work program for:
8 a. Financial soundness;
9 b. Stability;
10 c. Production capacity;
11 d. Accomplishments, including compliance with program
12 objectives in s. 334.046;
13 e. Compliance with approved local government
14 comprehensive plans;
15 f. Objections and requests by metropolitan planning
16 organizations;
17 g. Policy changes and effects thereof;
18 h. Identification of statewide or regional projects;
19 and
20 i. Compliance with all other applicable laws.
21 Section 44. Section 339.137, Florida Statutes, is
22 amended to read:
23 339.137 Transportation Outreach Program (TOP)
24 supporting economic development; administration; definitions;
25 eligible projects; Transportation Outreach Program (TOP)
26 advisory council created; limitations; funding.--
27 (1) There is created within the Department of
28 Transportation, a Transportation Outreach Program (TOP)
29 dedicated to funding transportation projects of a high
30 priority based on the prevailing principles of preserving the
31 existing transportation infrastructure; enhancing Florida's
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1 economic growth and competitiveness in national and
2 international markets; promoting intermodal transportation
3 linkages for passengers and freight; and improving travel
4 choices to ensure efficient and cost-competitive mobility for
5 Florida citizens, visitors, services, and goods.
6 (2) For purposes of this section, words and phrases
7 shall have the following meanings:
8 (a) Preservation.--Protecting the state's
9 transportation infrastructure investment. Preservation
10 includes:
11 1. Ensuring that 80 percent of the pavement on the
12 State Highway System meets department standards;
13 2. Ensuring that 90 percent of department-maintained
14 bridges meet department standards; and
15 3. Ensuring that the department achieves 100 percent
16 of acceptable maintenance standards on the State Highway
17 System.
18 (b) Economic growth and competitiveness.--Ensuring
19 that state transportation investments promote economic
20 activities which result in development or retention of income
21 generative industries which increase per capita earned income
22 in the state, and that such investments improve the state's
23 economic competitiveness.
24 (b)(c) Mobility.--Ensuring a cost-effective,
25 statewide, interconnected transportation system.
26 (c)(d) The term "Regionally significant transportation
27 project.-- of critical concern" means A transportation
28 facility improvement project located in one or more counties
29 county which provides significant enhancement of economic
30 development opportunities in that region an adjoining county
31
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1 or counties and which provides improvements to a hurricane
2 evacuation route.
3 (3) Transportation Outreach Program projects may be
4 proposed by any local government, regional organization,
5 economic development board, public or private partnership,
6 metropolitan planning organization, state agency, or other
7 entity engaged in economic development activities.
8 (4)(3) Proposed Eligible projects that meet the
9 minimum eligibility threshold include those for planning,
10 designing, acquiring rights-of-way for, or constructing the
11 following:
12 (a) Major highway improvements to:.
13 1. The Florida Intrastate Highway System.
14 2. Major roads and feeder roads which provide linkages
15 to the Florida Intrastate Highway System major highways.
16 3. Bridges of statewide or regional significance.
17 4. Trade and economic development corridors.
18 5. Access projects for freight and passengers.
19 6. Hurricane evacuation routes.
20 (b) Major public transportation projects:.
21 1. Seaport projects which improve cargo and passenger
22 movements or connect the seaports to other modes of
23 transportation.
24 2. Aviation projects which increase passenger
25 enplanements and cargo activity or connect the airports to
26 other modes of transportation.
27 3. Transit projects which improve mobility on
28 interstate highways, or which improve regional or localized
29 travel, or connect to other modes of transportation.
30 4. Rail projects that facilitate the movement of
31 passengers and cargo, including ancillary pedestrian
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1 facilities, or connect rail facilities to other modes of
2 transportation.
3 5. Spaceport Florida Authority projects which improve
4 space transportation capacity and facilities consistent with
5 the provisions of s. 331.360.
6 6. Bicycle and pedestrian facilities that add to or
7 enhance a statewide system of public trails.
8 (c) Highway and bridge projects that facilitate
9 retention and expansion of military installations, or that
10 facilitate reuse and development of any military base
11 designated for closure by the Federal Government.
12
13 Each proposed project must be able to document that it
14 promotes economic growth and competitiveness, as defined in
15 paragraph (2)(a).
16 (5) In addition to the above minimum eligibility
17 requirements, each proposed project must comply with the
18 following eligibility criteria:
19 (a) The project or project phase selected can be made
20 production-ready within a 5-year period following the end of
21 the current fiscal year.
22 (b) The project is consistent with a current
23 transportation system plan such as the Florida Intrastate
24 Highway System, aviation, intermodal/rail, seaport, spaceport,
25 or transit system plans.
26 (c) The project is not inconsistent with an approved
27 local comprehensive plan of any local government within whose
28 boundaries the project is located in whole or in part, or, if
29 inconsistent, is accompanied by an explanation of why the
30 project should be undertaken.
31
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CS/CS/HB 1053, First Engrossed
1 (d) The project involves two or more modes of
2 transportation or can document that it will have a significant
3 economic benefit in two or more counties.
4
5 One or more of the minimum criteria listed in paragraphs
6 (a)-(d) may be waived for a regionally significant
7 transportation project.
8 (4) Transportation Outreach projects may be proposed
9 by any local government, regional organization, economic
10 development board, public or private partnership, metropolitan
11 planning organization, state agency, or other entity engaged
12 in economic development activities.
13 (6)(5) The following criteria shall be used
14 Transportation funding under this section shall use the
15 following mechanisms to prioritize the eligible proposed
16 projects:
17 (a) The project must promote economic growth and
18 competitiveness. Economic development-related transportation
19 projects may compete for funding under the program. Projects
20 funded under this program should provide for increased
21 mobility on the state's transportation system. Projects which
22 have local or private matching funds may be given priority
23 over other projects.
24 (b) The project must promote intermodal transportation
25 linkages for passengers and freight. Establishment of a
26 funding allocation under this program reserved to quickly
27 respond to transportation needs of emergent economic
28 competitiveness development projects that may be outside of
29 the routine project selection process. This funding may be
30 used to match local or private contributions for
31
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1 transportation projects which meet the definition of economic
2 competitiveness contained in this section.
3 (c) The project must broaden transportation choices
4 for Florida residents, visitors, and commercial interests in
5 order to ensure efficient and cost-competitive mobility of
6 people, services, and goods. Establish innovative financing
7 methods to enable the state to respond in a timely manner to
8 major or emergent economic development-related transportation
9 needs that require timely commitments. These innovative
10 financing methods include, but are not limited to, the state
11 infrastructure bank, state bonds for right-of-way acquisition
12 and bridge construction, state bonds for fixed guideway
13 transportation systems, state bonds for federal aid highway
14 construction, funds previously programmed by the department
15 for high-speed rail development, and any other local, state,
16 or federal funds made available to the department.
17 (d) Projects that have local, federal, or private
18 matching funds shall be given priority over projects that meet
19 all other criteria.
20 (7) Eligible projects shall also utilize innovative
21 financing methods that enable the state to respond in a timely
22 manner to major or emergent transportation needs related to
23 economic development that require timely commitments. These
24 innovative financing methods include, but are not limited to,
25 private investment strategies, use of the state infrastructure
26 bank, state bonds for right-of-way acquisition and bridge
27 construction, state bonds for fixed guideway transportation
28 systems, state bonds for federal aid highway construction,
29 funds previously programmed by the department for high-speed
30 rail development, and any other local, state, or federal funds
31 made available to the department.
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1 (6) In addition to complying with the prevailing
2 principles provided in subsection (1), to be eligible for
3 funding under the program, projects must also meet the
4 following minimum criteria:
5 (a) The project or project phase selected can be made
6 production-ready within a 5-year period following the end of
7 the current fiscal year.
8 (b) The project is listed in an outer year of the
9 5-year work program and can be made production-ready and
10 advanced to an earlier year of the 5-year work program.
11 (c) The project is consistent with a current
12 transportation system plan including, but not limited to, the
13 Florida Intrastate Highway System, aviation, intermodal/rail,
14 seaport, spaceport, or transit system plans.
15 (d) The project is not inconsistent with an approved
16 local comprehensive plan of any local government within whose
17 boundaries the project is located in whole or in part or, if
18 inconsistent, is accompanied by an explanation of why the
19 project should be undertaken.
20 (e) One or more of the minimum criteria listed in
21 paragraphs (a)-(d) may be waived for a statewide or regionally
22 significant transportation project of critical concern.
23 (8)(7) The Transportation Outreach Program (TOP)
24 advisory council is created to annually make recommendations
25 to the Legislature on prioritization and selection of economic
26 growth projects as provided in this section.
27 (a) The council shall consist of:
28 1. Two representatives of private interests, chosen by
29 the Speaker of the House of Representatives, who are directly
30 involved in or affected by any mode of transportation or
31 tourism chosen by the Speaker of the House of Representatives.
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1 2. Two representatives of private interests, chosen by
2 the President of the Senate, who are directly involved in or
3 affected by any mode of transportation or tourism chosen by
4 the President of the Senate.
5 3. Three representatives of private or governmental
6 interests, chosen by the Governor, who are directly involved
7 in or affected by any mode of transportation or tourism chosen
8 by the Governor.
9 (b) Terms for council members shall be 2 years, and
10 each member shall be allowed one vote. Every 2 years, the
11 council shall select from among its membership a chair and
12 vice chair.
13 (c) Initial appointments must be made no later than 60
14 days after this act takes effect. Vacancies in the council
15 shall be filled in the same manner as the initial
16 appointments.
17 (d) The council shall hold its initial meeting no
18 later than 30 days after the members have been appointed in
19 order to organize and select a chair and vice chair from the
20 council membership. Meetings shall be held at the call of the
21 chair, but not less frequently than quarterly.
22 (e) The members of the council shall serve without
23 compensation, but shall be reimbursed for per diem and travel
24 expenses as provided in s. 112.061.
25 (f) The department shall provide administrative staff
26 support, ensuring that council meetings are electronically
27 recorded. Such recordings and all documents received, prepared
28 for, or used by the council in conducting its business shall
29 be preserved pursuant to chapters 119 and 257. In addition,
30 the department shall provide for travel and per diem expenses
31 for the council in its annual budget.
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1 (g) The council shall develop a methodology for
2 scoring and ranking project proposals based on the
3 prioritization criteria in subsection (6). The council may
4 change a project's ranking based on other factors as
5 determined by the council. However, such other factors must be
6 fully documented in writing by the council.
7 (h) The council is encouraged to seek input from
8 transportation or economic development entities and to
9 consider the reports and recommendations of task forces, study
10 commissions, or similar entities charged with reviewing issues
11 relevant to the council's mission.
12 (9)(8) Because transportation investment plays a key
13 role in economic development, the council and the department
14 shall actively participate in state and local economic
15 development programs, including:
16 (a) Working in partnership with other state and local
17 agencies in business recruitment, expansion, and retention
18 activities to ensure early transportation input into these
19 activities.
20 (b) Providing expertise and rapid response in
21 analyzing the transportation needs of emergent economic
22 development projects.
23 (c) Developing The council and department must develop
24 a macroeconomic analysis of the linkages between
25 transportation investment and economic performance, as well as
26 a method to quantifiably measure the economic benefits of the
27 investments.
28 (d) Identifying long-term strategic transportation
29 projects that will promote the principles listed in subsection
30 (1).
31
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1 (10)(9) The council shall review and prioritize
2 projects submitted for funding under the program with priority
3 given to projects which comply with the prevailing principles
4 provided in subsection (1), and shall recommend to the
5 Legislature a transportation outreach program. The department
6 shall provide technical expertise and support as requested by
7 the council, and shall develop financial plans, cash forecast
8 plans, and program and resource plans necessary to implement
9 this program. These supporting documents shall be submitted
10 with the Transportation Outreach Program.
11 (11)(a)(10) Projects recommended for funding under the
12 Transportation Outreach Program shall be submitted to the
13 Florida Transportation Commission at least 30 days before the
14 start of the regular legislative session. The Florida
15 Transportation Commission shall review the projects to
16 determine whether they are in compliance with this section and
17 prepare a report detailing its findings.
18 (b) The council shall submit its list of recommended
19 projects to the Governor and the Legislature as a separate
20 budget request submitted at the same time as section of the
21 department's preliminary tentative work program, which is 14
22 days before the start of the regular session. The Florida
23 Transportation Commission shall submit its written report at
24 the same time to the Governor and the Legislature. Final
25 approval of the Transportation Outreach Program project list
26 shall be made by the Legislature through the General
27 Appropriations Act. Program projects approved by the
28 Legislature must be included in the department's adopted work
29 program.
30 (12)(11) For purposes of funding projects under the
31 Transportation Outreach Program, the department shall allocate
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1 from the State Transportation Trust Fund in its program and
2 resource plan a minimum of $60 million each year beginning in
3 fiscal year 2001-2002 for a transportation outreach program.
4 This funding is to be reserved for projects to be funded
5 pursuant to this section under the Transportation Outreach
6 Program. This allocation of funds is in addition to any
7 funding provided to this program by any other provision of
8 law.
9 (13)(12) Notwithstanding any other law to the contrary
10 the requirements of ss. 206.46(3), 206.606(2), 339.135,
11 339.155, and 339.175 shall not apply to the Transportation
12 Outreach Program.
13 (14)(13) The department is authorized to adopt rules
14 to implement the Transportation Outreach Program supporting
15 economic development.
16 Section 45. Subsection (5) of section 341.051, Florida
17 Statutes, is amended to read:
18 341.051 Administration and financing of public transit
19 programs and projects.--
20 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
21 (a) The department may fund up to 50 percent of the
22 nonfederal share of the costs, not to exceed the local share,
23 of any eligible public transit capital project or commuter
24 assistance project that is local in scope; except, however,
25 that departmental participation in the final design,
26 right-of-way acquisition, and construction phases of an
27 individual fixed-guideway project which is not approved for
28 federal funding shall not exceed an amount equal to 12.5
29 percent of the total cost of each phase.
30 (b) The Department of Transportation shall develop a
31 major capital investment policy which shall include policy
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1 criteria and guidelines for the expenditure or commitment of
2 state funds for public transit capital projects. The policy
3 shall include the following:
4 1. Methods to be used to determine consistency of a
5 transit project with the approved local government
6 comprehensive plans of the units of local government in which
7 the project is located.
8 2. Methods for evaluating the level of local
9 commitment to a transit project, which is to be demonstrated
10 through system planning and the development of a feasible plan
11 to fund operating cost through fares, value capture techniques
12 such as joint development and special districts, or other
13 local funding mechanisms.
14 3. Methods for evaluating alternative transit systems
15 including an analysis of technology and alternative methods
16 for providing transit services in the corridor.
17 (b)(c) The department is authorized to fund up to 100
18 percent of the cost of any eligible transit capital project or
19 commuter assistance project that is statewide in scope or
20 involves more than one county where no other governmental
21 entity or appropriate jurisdiction exists.
22 (c)(d) The department is authorized to advance up to
23 80 percent of the capital cost of any eligible project that
24 will assist Florida's transit systems in becoming fiscally
25 self-sufficient. Such advances shall be reimbursed to the
26 department on an appropriate schedule not to exceed 5 years
27 after the date of provision of the advances.
28 (d)(e) The department is authorized to fund up to 100
29 percent of the capital and net operating costs of statewide
30 transit service development projects or transit corridor
31 projects. All transit service development projects shall be
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1 specifically identified by way of a departmental appropriation
2 request, and transit corridor projects shall be identified as
3 part of the planned improvements on each transportation
4 corridor designated by the department. The project
5 objectives, the assigned operational and financial
6 responsibilities, the timeframe required to develop the
7 required service, and the criteria by which the success of the
8 project will be judged shall be documented by the department
9 for each such transit service development project or transit
10 corridor project.
11 (e)(f) The department is authorized to fund up to 50
12 percent of the capital and net operating costs of transit
13 service development projects that are local in scope and that
14 will improve system efficiencies, ridership, or revenues. All
15 such projects shall be identified in the appropriation request
16 of the department through a specific program of projects, as
17 provided for in s. 341.041, that is selectively applied in the
18 following functional areas and is subject to the specified
19 times of duration:
20 1. Improving system operations, including, but not
21 limited to, realigning route structures, increasing system
22 average speed, decreasing deadhead mileage, expanding area
23 coverage, and improving schedule adherence, for a period of up
24 to 3 years;
25 2. Improving system maintenance procedures, including,
26 but not limited to, effective preventive maintenance programs,
27 improved mechanics training programs, decreasing service
28 repair calls, decreasing parts inventory requirements, and
29 decreasing equipment downtime, for a period of up to 3 years;
30 3. Improving marketing and consumer information
31 programs, including, but not limited to, automated information
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1 services, organized advertising and promotion programs, and
2 signing of designated stops, for a period of up to 2 years;
3 and
4 4. Improving technology involved in overall
5 operations, including, but not limited to, transit equipment,
6 fare collection techniques, electronic data processing
7 applications, and bus locators, for a period of up to 2 years.
8
9 For purposes of this section, the term "net operating costs"
10 means all operating costs of a project less any federal funds,
11 fares, or other sources of income to the project.
12 Section 46. Subsections (7), (8), and (10) of section
13 341.302, Florida Statutes, are amended to read:
14 341.302 Rail program, duties and responsibilities of
15 the department.--The department, in conjunction with other
16 governmental units and the private sector, shall develop and
17 implement a rail program of statewide application designed to
18 ensure the proper maintenance, safety, revitalization, and
19 expansion of the rail system to assure its continued and
20 increased availability to respond to statewide mobility needs.
21 Within the resources provided pursuant to chapter 216, and as
22 authorized under Title 49 C.F.R. part 212, the department
23 shall:
24 (7) Develop and administer state standards concerning
25 the safety and performance of rail systems, hazardous material
26 handling, and operations. Such standards shall be developed
27 jointly with representatives of affected rail systems, with
28 full consideration given to nationwide industry norms, and
29 shall define the minimum acceptable standards for safety and
30 performance.
31
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1 (8) Conduct, at a minimum, inspections of track and
2 rolling stock,; train signals and related equipment,;
3 hazardous materials transportation, including the loading,
4 unloading, and labeling of hazardous materials at shippers',
5 receivers', and transfer points; and train operating practices
6 to determine adherence to state and federal standards.
7 Department personnel may enforce any safety regulation issued
8 under the Federal Government's preemptive authority over
9 interstate commerce.
10 (10) Administer rail operating and construction
11 programs, which programs shall include the regulation of
12 maximum train operating speeds, the opening and closing of
13 public grade crossings, the construction and rehabilitation of
14 public grade crossings, and the installation of traffic
15 control devices at public grade crossings, the administering
16 of the programs by the department including participation in
17 the cost of the programs.
18 Section 47. Paragraph (d) of subsection (2) of section
19 348.0003, Florida Statutes, is amended to read:
20 348.0003 Expressway authority; formation;
21 membership.--
22 (2) The governing body of an authority shall consist
23 of not fewer than five nor more than nine voting members. The
24 district secretary of the affected department district shall
25 serve as a nonvoting member of the governing body of each
26 authority located within the district. Each member of the
27 governing body must at all times during his or her term of
28 office be a permanent resident of the county which he or she
29 is appointed to represent.
30 (d) Notwithstanding any provision to the contrary in
31 this subsection, in any county as defined in s. 125.011(1),
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1 the governing body of an authority shall consist of up to 13
2 members, and the following provisions of this paragraph shall
3 apply specifically to such authority. Except for the district
4 secretary of the department, the members must be residents of
5 the county. Seven voting members shall be appointed by the
6 governing body of the county. At the discretion of the
7 governing body of the county, up to two of the members
8 appointed by the governing body of the county may be elected
9 officials residing in the county. Five voting members of the
10 authority shall be appointed by the Governor. One member shall
11 be the district secretary of the department serving in the
12 district that contains such county. This member shall be an
13 ex officio voting member of the authority. If the governing
14 board of an authority includes any member originally appointed
15 by the governing body of the county as a nonvoting member,
16 when the term of such member expires, that member shall be
17 replaced by a member appointed by the Governor until the
18 governing body of the authority is composed of seven members
19 appointed by the governing body of the county and five members
20 appointed by the Governor. The qualifications, the terms of
21 office, and the obligations and rights of members of the
22 authority shall be determined by resolution or ordinance of
23 the governing body of the county in a manner that is
24 consistent with subsections (3) and (4).
25 Section 48. Section 348.0012, Florida Statutes, is
26 amended to read:
27 348.0012 Exemptions from applicability.--The Florida
28 Expressway Authority Act does not apply:
29 (1) To In a county in which an expressway authority
30 which has been created pursuant to parts II-IX of this
31 chapter; or
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1 (2) To a transportation authority created pursuant to
2 chapter 349.
3 Section 49. Paragraph (b) of subsection (1) of section
4 348.754, Florida Statutes, is amended to read:
5 348.754 Purposes and powers.--
6 (1)
7 (b) It is the express intention of this part that said
8 authority, in the construction of said Orlando-Orange County
9 Expressway System, shall be authorized to acquire, finance,
10 construct, and equip any extensions, additions, or
11 improvements to said system, or appurtenant facilities,
12 including all necessary approaches, roads, bridges, and
13 avenues of access as the authority shall deem desirable and
14 proper, together with such changes, modifications, or
15 revisions to of said system or appurtenant facilities project
16 as the authority shall deem be deemed desirable and proper.
17 Section 50. Section 348.7543, Florida Statutes, is
18 amended to read:
19 348.7543 Improvements, bond financing authority
20 for.--Pursuant to s. 11(e), Art. VII of the State
21 Constitution, the Legislature hereby approves for bond
22 financing by the Orlando-Orange County Expressway Authority
23 the cost of acquiring, constructing, equipping, improving, or
24 refurbishing any expressway system, including improvements to
25 toll collection facilities, interchanges, future extensions
26 and additions, necessary approaches, roads, bridges, and
27 avenues of access to the legislatively approved expressway
28 system, and any other facility appurtenant, necessary, or
29 incidental to the approved system, all as deemed desirable and
30 proper by the authority pursuant to s. 348.754(1)(b). Subject
31 to terms and conditions of applicable revenue bond resolutions
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1 and covenants, such costs financing may be financed in whole
2 or in part by revenue bonds issued pursuant to s.
3 348.755(1)(a) or (b) whether currently issued, issued in the
4 future, or by a combination of such bonds.
5 Section 51. Section 348.7544, Florida Statutes, is
6 amended to read:
7 348.7544 Northwest Beltway Part A, construction
8 authorized; financing.--Notwithstanding s. 338.2275, the
9 Orlando-Orange County Expressway Authority is hereby
10 authorized to construct, finance, operate, own, and maintain
11 that portion of the Western Beltway known as the Northwest
12 Beltway Part A, extending from Florida's Turnpike near Ocoee
13 north to U.S. 441 near Apopka, as part of the authority's
14 20-year capital projects plan. This project may be financed
15 with any funds available to the authority for such purpose or
16 revenue bonds issued by the Division of Bond Finance of the
17 State Board of Administration on behalf of the authority
18 pursuant to s. 11, Art. VII of the State Constitution and the
19 State Bond Act, ss. 215.57-215.83. This project may be
20 refinanced with bonds issued by the authority pursuant to s.
21 348.755(1)(d).
22 Section 52. Section 348.7545, Florida Statutes, is
23 amended to read:
24 348.7545 Western Beltway Part C, construction
25 authorized; financing.--Notwithstanding s. 338.2275, the
26 Orlando-Orange County Expressway Authority is authorized to
27 exercise its condemnation powers, construct, finance, operate,
28 own, and maintain that portion of the Western Beltway known as
29 the Western Beltway Part C, extending from Florida's Turnpike
30 near Ocoee in Orange County southerly through Orange and
31 Osceola Counties to an interchange with I-4 near the
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1 Osceola-Polk County line, as part of the authority's 20-year
2 capital projects plan. This project may be financed with any
3 funds available to the authority for such purpose or revenue
4 bonds issued by the Division of Bond Finance of the State
5 Board of Administration on behalf of the authority pursuant to
6 s. 11, Art. VII of the State Constitution and the State Bond
7 Act, ss. 215.57-215.83. This project may be refinanced with
8 bonds issued by the authority pursuant to s. 348.755(1)(d).
9 Section 53. Subsection (1) of section 348.755, Florida
10 Statutes, is amended to read:
11 348.755 Bonds of the authority.--
12 (1)(a) Bonds may be issued on behalf of the authority
13 pursuant to the State Bond Act.
14 (b) Alternatively, the authority may issue its own
15 bonds pursuant to the provisions of this part at such times
16 and in such principal amount as, in the opinion of the
17 authority, is necessary to provide sufficient moneys for
18 achieving its purposes; however, such bonds shall not pledge
19 the full faith and credit of the state. Bonds issued by the
20 authority pursuant to paragraphs (a) or (b) The bonds of the
21 authority issued pursuant to the provisions of this part,
22 whether on original issuance or on refunding, shall be
23 authorized by resolution of the members thereof and may be
24 either term or serial bonds, shall bear such date or dates,
25 mature at such time or times, not exceeding 40 years from
26 their respective dates, bear interest at such rate or rates,
27 payable semiannually, be in such denominations, be in such
28 form, either coupon or fully registered, shall carry such
29 registration, exchangeability and interchangeability
30 privileges, be payable in such medium of payment and at such
31 place or places, be subject to such terms of redemption and be
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1 entitled to such priorities on the revenues, rates, fees,
2 rentals or other charges or receipts of the authority
3 including the Orange County gasoline tax funds received by the
4 authority pursuant to the terms of any lease-purchase
5 agreement between the authority and the department, as such
6 resolution or any resolution subsequent thereto may provide.
7 The bonds shall be executed either by manual or facsimile
8 signature by such officers as the authority shall determine,
9 provided that such bonds shall bear at least one signature
10 which is manually executed thereon, and the coupons attached
11 to such bonds shall bear the facsimile signature or signatures
12 of such officer or officers as shall be designated by the
13 authority and shall have the seal of the authority affixed,
14 imprinted, reproduced or lithographed thereon, all as may be
15 prescribed in such resolution or resolutions.
16 (c)(b) Said Bonds issued pursuant to paragraphs (a)
17 and (b) shall be sold at public sale in the same manner
18 provided by the State Bond Act. However, if the authority
19 shall, by official action at a public meeting, determine that
20 a negotiated sale of such the bonds is in the best interest of
21 the authority, the authority may negotiate for sale of the
22 bonds with the underwriter or underwriters designated by the
23 authority and the Division of Bond Finance of the State Board
24 of Administration with respect to bonds issued pursuant to
25 paragraph (b). The authority's determination to negotiate the
26 sale of such bonds may be based in part upon the written
27 advice of its financial advisor. Pending the preparation of
28 definitive bonds, interim certificates may be issued to the
29 purchaser or purchasers of such bonds and may contain such
30 terms and conditions as the authority may determine.
31
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1 (d) The authority may issue bonds pursuant to
2 paragraph (b) to refund any bonds previously issued regardless
3 of whether the bonds being refunded were issued by the
4 authority pursuant to this chapter or on behalf of the
5 authority pursuant to the State Bond Act.
6 Section 54. Section 348.765, Florida Statutes, is
7 amended to read:
8 348.765 This part complete and additional authority.--
9 (1) The powers conferred by this part shall be in
10 addition and supplemental to the existing powers of said board
11 and the department, and this part shall not be construed as
12 repealing any of the provisions, of any other law, general,
13 special or local, but to supersede such other laws in the
14 exercise of the powers provided in this part, and to provide a
15 complete method for the exercise of the powers granted in this
16 part. The extension and improvement of said Orlando-Orange
17 County Expressway System, and the issuance of bonds hereunder
18 to finance all or part of the cost thereof, may be
19 accomplished upon compliance with the provisions of this part
20 without regard to or necessity for compliance with the
21 provisions, limitations, or restrictions contained in any
22 other general, special or local law, including, but not
23 limited to, s. 215.821, and no approval of any bonds issued
24 under this part by the qualified electors or qualified
25 electors who are freeholders in the state or in said County of
26 Orange, or in said City of Orlando, or in any other political
27 subdivision of the state, shall be required for the issuance
28 of such bonds pursuant to this part.
29 (2) This part shall not be deemed to repeal, rescind,
30 or modify any other law or laws relating to said State Board
31 of Administration, said Department of Transportation, or the
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1 Division of Bond Finance of the State Board of Administration,
2 but shall be deemed to and shall supersede such other law or
3 laws as are inconsistent with the provisions of this part,
4 including, but not limited to, s. 215.821.
5 Section 55. Subsections (1) through (6) and subsection
6 (8) of section 373.4137, Florida Statutes, are amended, and
7 subsection (9) is added to said section, to read:
8 373.4137 Mitigation requirements.--
9 (1) The Legislature finds that environmental
10 mitigation for the impact of transportation projects proposed
11 by the Department of Transportation or a transportation
12 authority established pursuant to chapter 348 or chapter 349
13 can be more effectively achieved by regional, long-range
14 mitigation planning rather than on a project-by-project basis.
15 It is the intent of the Legislature that mitigation to offset
16 the adverse effects of these transportation projects be funded
17 by the Department of Transportation and be carried out by the
18 Department of Environmental Protection and the water
19 management districts, including the use of mitigation banks
20 established pursuant to this part.
21 (2) Environmental impact inventories for
22 transportation projects proposed by the Department of
23 Transportation or a transportation authority established
24 pursuant to chapter 348 or chapter 349 shall be developed as
25 follows:
26 (a) By May 1 of each year, the Department of
27 Transportation or a transportation authority established
28 pursuant to chapter 348 or chapter 349 shall submit to the
29 Department of Environmental Protection and the water
30 management districts a copy of its adopted work program and an
31 inventory of habitats addressed in the rules tentatively,
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1 pursuant to this part and s. 404 of the Clean Water Act, 33
2 U.S.C. s. 1344, which may be impacted by its plan of
3 construction for transportation projects in the next 3 years
4 of the tentative work program. The Department of
5 Transportation or a transportation authority established
6 pursuant to chapter 348 or chapter 349 may also include in its
7 inventory the habitat impacts of any future transportation
8 project identified in the tentative work program.
9 (b) The environmental impact inventory shall include a
10 description of these habitat impacts, including their
11 location, acreage, and type; state water quality
12 classification of impacted wetlands and other surface waters;
13 any other state or regional designations for these habitats;
14 and a survey of threatened species, endangered species, and
15 species of special concern affected by the proposed project.
16 (3)(a) To fund the mitigation plan for the projected
17 impacts identified in the inventory described in subsection
18 (2), the Department of Transportation shall identify funds
19 quarterly in an escrow account within the State Transportation
20 Trust Fund for the environmental mitigation phase of projects
21 budgeted by the Department of Transportation for the current
22 fiscal year. The escrow account will be maintained by the
23 Department of Transportation for the benefit of the Department
24 of Environmental Protection and the water management
25 districts. Any interest earnings from the escrow account
26 shall remain with the Department of Transportation.
27 (b) Each transportation authority established pursuant
28 to chapter 348 or chapter 349 that chooses to participate in
29 this program shall create an escrow account within its
30 financial structure and deposit funds in the account to pay
31 for the environmental mitigation phase of projects budgeted
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1 for the current fiscal year. The escrow account will be
2 maintained by the authority for the benefit of the Department
3 of Environmental Protection and the water management
4 districts. Any interest earnings from the escrow account shall
5 remain with the authority.
6 (c) The Department of Environmental Protection or
7 water management districts may request a transfer of funds
8 from an the escrow account no sooner than 30 days prior to the
9 date the funds are needed to pay for activities associated
10 with development or implementation of the approved mitigation
11 plan described in subsection (4) for the current fiscal year,
12 including, but not limited to, design, engineering,
13 production, and staff support. Actual conceptual plan
14 preparation costs incurred before plan approval may be
15 submitted to the Department of Transportation or the
16 appropriate transportation authority and the Department of
17 Environmental Protection by November 1 of each year with the
18 plan. The conceptual plan preparation costs of each water
19 management district will be paid based on the amount approved
20 on the mitigation plan and allocated to the current fiscal
21 year projects identified by the water management district.
22 The amount transferred to the escrow accounts account each
23 year by the Department of Transportation and participating
24 transportation authorities established pursuant to chapter 348
25 or chapter 349 shall correspond to a cost per acre of $75,000
26 multiplied by the projected acres of impact identified in the
27 inventory described in subsection (2). However, the $75,000
28 cost per acre does not constitute an admission against
29 interest by the state or its subdivisions nor is the cost
30 admissible as evidence of full compensation for any property
31 acquired by eminent domain or through inverse condemnation.
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1 Each July 1, the cost per acre shall be adjusted by the
2 percentage change in the average of the Consumer Price Index
3 issued by the United States Department of Labor for the most
4 recent 12-month period ending September 30, compared to the
5 base year average, which is the average for the 12-month
6 period ending September 30, 1996. At the end of each year,
7 the projected acreage of impact shall be reconciled with the
8 acreage of impact of projects as permitted, including permit
9 modifications, pursuant to this part and s. 404 of the Clean
10 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
11 funds shall be adjusted accordingly to reflect the
12 overtransfer or undertransfer of funds from the preceding
13 year. The Department of Transportation and participating
14 transportation authorities established pursuant to chapter 348
15 or chapter 349 are is authorized to transfer such funds from
16 the escrow accounts account to the Department of Environmental
17 Protection and the water management districts to carry out the
18 mitigation programs.
19 (4) Prior to December 1 of each year, each water
20 management district, in consultation with the Department of
21 Environmental Protection, the United States Army Corps of
22 Engineers, the Department of Transportation, transportation
23 authorities established pursuant to chapter 348 or chapter
24 349, and other appropriate federal, state, and local
25 governments, and other interested parties, including entities
26 operating mitigation banks, shall develop a plan for the
27 primary purpose of complying with the mitigation requirements
28 adopted pursuant to this part and 33 U.S.C. s. 1344. This
29 plan shall also address significant invasive plant problems
30 within wetlands and other surface waters. In developing such
31 plans, the districts shall utilize sound ecosystem management
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1 practices to address significant water resource needs and
2 shall focus on activities of the Department of Environmental
3 Protection and the water management districts, such as surface
4 water improvement and management (SWIM) waterbodies and lands
5 identified for potential acquisition for preservation,
6 restoration, and enhancement, to the extent that such
7 activities comply with the mitigation requirements adopted
8 under this part and 33 U.S.C. s. 1344. In determining the
9 activities to be included in such plans, the districts shall
10 also consider the purchase of credits from public or private
11 mitigation banks permitted under s. 373.4136 and associated
12 federal authorization and shall include such purchase as a
13 part of the mitigation plan when such purchase would offset
14 the impact of the transportation project, provide equal
15 benefits to the water resources than other mitigation options
16 being considered, and provide the most cost-effective
17 mitigation option. The mitigation plan shall be preliminarily
18 approved by the water management district governing board and
19 shall be submitted to the secretary of the Department of
20 Environmental Protection for review and final approval. The
21 preliminary approval by the water management district
22 governing board does not constitute a decision that affects
23 substantial interests as provided by s. 120.569. At least 30
24 days prior to preliminary approval, the water management
25 district shall provide a copy of the draft mitigation plan to
26 any person who has requested a copy.
27 (a) For each transportation project with a funding
28 request for the next fiscal year, the mitigation plan must
29 include a brief explanation of why a mitigation bank was or
30 was not chosen as a mitigation option, including an estimation
31
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1 of identifiable costs of the mitigation bank and nonbank
2 options to the extent practicable.
3 (b) Specific projects may be excluded from the
4 mitigation plan and shall not be subject to this section upon
5 the agreement of the Department of Transportation, a
6 transportation authority if applicable, the Department of
7 Environmental Protection, and the appropriate water management
8 district that the inclusion of such projects would hamper the
9 efficiency or timeliness of the mitigation planning and
10 permitting process, or the Department of Environmental
11 Protection and the water management district are unable to
12 identify mitigation that would offset the impacts of the
13 project.
14 (c) Surface water improvement and management or
15 invasive plant control projects undertaken using the $12
16 million advance transferred from the Department of
17 Transportation to the Department of Environmental Protection
18 in fiscal year 1996-1997 which meet the requirements for
19 mitigation under this part and 33 U.S.C. s. 1344 shall remain
20 available for mitigation until the $12 million is fully
21 credited up to and including fiscal year 2004-2005. When these
22 projects are used as mitigation, the $12 million advance shall
23 be reduced by $75,000 per acre of impact mitigated. For any
24 fiscal year through and including fiscal year 2004-2005, to
25 the extent the cost of developing and implementing the
26 mitigation plans is less than the amount transferred pursuant
27 to subsection (3), the difference shall be credited towards
28 the $12 million advance. Except as provided in this paragraph,
29 any funds not directed to implement the mitigation plan
30 should, to the greatest extent possible, be directed to fund
31
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1 invasive plant control within wetlands and other surface
2 waters.
3 (5) The water management district shall be responsible
4 for ensuring that mitigation requirements pursuant to 33
5 U.S.C. s. 1344 are met for the impacts identified in the
6 inventory described in subsection (2), by implementation of
7 the approved plan described in subsection (4) to the extent
8 funding is provided by the Department of Transportation, or a
9 transportation authority established pursuant to chapter 348
10 or chapter 349 if applicable. During the federal permitting
11 process, the water management district may deviate from the
12 approved mitigation plan in order to comply with federal
13 permitting requirements.
14 (6) The mitigation plans plan shall be updated
15 annually to reflect the most current Department of
16 Transportation work program and project list of a
17 transportation authority established pursuant to chapter 348
18 or chapter 349 if applicable and may be amended throughout the
19 year to anticipate schedule changes or additional projects
20 which may arise. Each update and amendment of the mitigation
21 plan shall be submitted to the secretary of the Department of
22 Environmental Protection for approval. However, such approval
23 shall not be applicable to a deviation as described in
24 subsection (5).
25 (8) This section shall not be construed to eliminate
26 the need for the Department of Transportation or a
27 transportation authority established pursuant to chapter 348
28 or chapter 349 to comply with the requirement to implement
29 practicable design modifications, including realignment of
30 transportation projects, to reduce or eliminate the impacts of
31 its transportation projects on wetlands and other surface
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1 waters as required by rules adopted pursuant to this part, or
2 to diminish the authority under this part to regulate other
3 impacts, including water quantity or water quality impacts, or
4 impacts regulated under this part that are not identified in
5 the inventory described in subsection (2).
6 (9) The process for environmental mitigation for the
7 impact of transportation projects under this section shall be
8 available to an expressway, bridge, or transportation
9 authority established under chapters 348 and 349. Use of this
10 process may be initiated by an authority depositing the
11 requisite funds into an escrow account set up by the authority
12 and filing an environmental impact inventory with the
13 appropriate water management district. An authority that
14 initiates the environmental mitigation process established by
15 this section shall comply with subsection (6) by timely
16 providing the appropriate water management district and the
17 Department of Environmental Protection with the requisite work
18 program information. A water management district may draw down
19 funds from the escrow account in the manner and on the basis
20 provided in subsection (5).
21 Section 56. Subsection (18) of section 373.414,
22 Florida Statutes, is amended to read:
23 373.414 Additional criteria for activities in surface
24 waters and wetlands.--
25 (18) The department and each water management district
26 responsible for implementation of the environmental resource
27 permitting program shall develop a uniform wetland mitigation
28 assessment method no later than October 1, 2001. The
29 department shall adopt the uniform wetland mitigation
30 assessment method by rule no later than January 31, 2002.
31 Rules promulgated pursuant to this subsection shall be
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1 submitted to the President of the Senate and the Speaker of
2 the House of Representatives for review by the Legislature no
3 later than 30 days prior to the 2002 regular session, and
4 shall become effective only after legislative review. In its
5 review, the Legislature may reject, modify, or take no action
6 relative to such rules. Once the department adopts the uniform
7 wetland mitigation assessment method by rule, the uniform
8 wetland mitigation assessment method shall be binding on the
9 department, the water management districts, local governments,
10 and any other governmental agencies and shall be the sole
11 means to determine mitigation needed to offset adverse impacts
12 and to award and deduct mitigation bank credits. A water
13 management district and any other governmental agency subject
14 to chapter 120 may apply the uniform wetland mitigation
15 assessment method without the need to adopt it pursuant to s.
16 120.54. It shall be a goal of the department and water
17 management districts that the uniform wetland mitigation
18 assessment method developed be practicable for use within the
19 timeframes provided in the permitting process and result in a
20 consistent process for determining mitigation requirements. It
21 shall be recognized that any such method shall require the
22 application of reasonable scientific judgment. The uniform
23 wetland mitigation assessment method must determine the value
24 of functions provided by wetlands and other surface waters
25 considering the current conditions of these areas, utilization
26 by fish and wildlife, location, uniqueness, and hydrologic
27 connection, in addition to the factors listed in s.
28 373.4136(4). The uniform wetland mitigation assessment method
29 shall also account for the expected time-lag associated with
30 offsetting impacts and the degree of risk associated with the
31 proposed mitigation. The uniform wetland mitigation assessment
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1 method shall account for different ecological communities in
2 different areas of the state. In developing the uniform
3 wetland mitigation assessment method, the department and water
4 management districts shall consult with approved local
5 programs under s. 403.182 which have an established wetland
6 mitigation program. The department and water management
7 districts shall consider the recommendations submitted by such
8 approved local programs, including any recommendations
9 relating to the adoption by the department and water
10 management districts of any uniform wetland mitigation
11 methodology that has been adopted and used by an approved
12 local program in its established wetland mitigation program.
13 Environmental resource permitting rules may establish
14 categories of permits or thresholds for minor impacts under
15 which the use of the uniform wetland mitigation assessment
16 method will not be required. The application of the uniform
17 wetland mitigation assessment method is not subject to s.
18 70.001. In the event the rule establishing the uniform wetland
19 mitigation assessment method is deemed to be invalid, the
20 applicable rules related to establishing needed mitigation in
21 existence prior to the adoption of the uniform wetland
22 mitigation assessment method, including those adopted by a
23 county which is an approved local program under s. 403.182,
24 and the method described in paragraph (b) for existing
25 mitigation banks, shall be authorized for use by the
26 department, water management districts, local governments, and
27 other state agencies.
28 (a) In developing the uniform wetland mitigation
29 assessment method, the department shall seek input from the
30 United States Army Corps of Engineers in order to promote
31
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1 consistency in the mitigation assessment methods used by the
2 state and federal permitting programs.
3 (b) An entity which has received a mitigation bank
4 permit prior to the adoption of the uniform wetland mitigation
5 assessment method shall have impact sites assessed, for the
6 purpose of deducting bank credits, using the credit assessment
7 method, including any functional assessment methodology, which
8 was in place when the bank was permitted; unless the entity
9 elects to have its credits redetermined, and thereafter have
10 its credits deducted, using the uniform wetland mitigation
11 assessment method.
12 Section 57. Paragraph (d) of subsection (2), paragraph
13 (c) of subsection (3), paragraph (b) of subsection (4), and
14 paragraphs (b) and (e) of subsection (19) of section 380.06,
15 Florida Statutes, are amended, and paragraphs (i) and (j) are
16 added to subsection (24) of said section, to read:
17 380.06 Developments of regional impact.--
18 (2) STATEWIDE GUIDELINES AND STANDARDS.--
19 (d) The guidelines and standards shall be applied as
20 follows:
21 1. Fixed thresholds.--
22 1.a. A development that is at or below 100 80 percent
23 of all numerical thresholds in the guidelines and standards
24 shall not be required to undergo
25 development-of-regional-impact review.
26 2.b. A development that is at or above 100 120 percent
27 of any numerical threshold shall be required to undergo
28 development-of-regional-impact review.
29 3.c. Projects certified under s. 403.973 which create
30 at least 100 jobs and meet the criteria of the Office of
31 Tourism, Trade, and Economic Development as to their impact on
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1 an area's economy, employment, and prevailing wage and skill
2 levels that are at or below 100 percent of the numerical
3 thresholds for industrial plants, industrial parks,
4 distribution, warehousing or wholesaling facilities, office
5 development or multiuse projects other than residential, as
6 described in s. 380.0651(3)(b)(c), (c)(d), and (h)(i), are not
7 required to undergo development-of-regional-impact review.
8 2. Rebuttable presumptions.--
9 a. It shall be presumed that a development that is
10 between 80 and 100 percent of a numerical threshold shall not
11 be required to undergo development-of-regional-impact review.
12 b. It shall be presumed that a development that is at
13 100 percent or between 100 and 120 percent of a numerical
14 threshold shall be required to undergo
15 development-of-regional-impact review.
16 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES
17 AND STANDARDS.--The state land planning agency, a regional
18 planning agency, or a local government may petition the
19 Administration Commission to increase or decrease the
20 numerical thresholds of any statewide guideline and standard.
21 The state land planning agency or the regional planning agency
22 may petition for an increase or decrease for a particular
23 local government's jurisdiction or a part of a particular
24 jurisdiction. A local government may petition for an increase
25 or decrease within its jurisdiction or a part of its
26 jurisdiction. A number of requests may be combined in a
27 single petition.
28 (c) The Administration Commission shall have authority
29 to increase or decrease a threshold in the statewide
30 guidelines and standards up to 50 percent above or below the
31 statewide presumptive threshold. The commission may from time
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1 to time reconsider changed thresholds and make additional
2 variations as it deems necessary.
3 (4) BINDING LETTER.--
4 (b) Unless a developer waives the requirements of this
5 paragraph by agreeing to undergo
6 development-of-regional-impact review pursuant to this
7 section, the state land planning agency or local government
8 with jurisdiction over the land on which a development is
9 proposed may require a developer to obtain a binding letter
10 if:
11 1. the development is at a presumptive numerical
12 threshold or up to 20 percent above a numerical threshold in
13 the guidelines and standards.; or
14 2. The development is between a presumptive numerical
15 threshold and 20 percent below the numerical threshold and the
16 local government or the state land planning agency is in doubt
17 as to whether the character or magnitude of the development at
18 the proposed location creates a likelihood that the
19 development will have a substantial effect on the health,
20 safety, or welfare of citizens of more than one county.
21 (19) SUBSTANTIAL DEVIATIONS.--
22 (b) Any proposed change to a previously approved
23 development of regional impact or development order condition
24 which, either individually or cumulatively with other changes,
25 exceeds any of the following criteria shall constitute a
26 substantial deviation and shall cause the development to be
27 subject to further development-of-regional-impact review
28 without the necessity for a finding of same by the local
29 government:
30 1. An increase in the number of parking spaces at an
31 attraction or recreational facility by 5 percent or 300
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1 spaces, whichever is greater, or an increase in the number of
2 spectators that may be accommodated at such a facility by 5
3 percent or 1,000 spectators, whichever is greater.
4 2. A new runway, a new terminal facility, a 25-percent
5 lengthening of an existing runway, or a 25-percent increase in
6 the number of gates of an existing terminal, but only if the
7 increase adds at least three additional gates. However, if an
8 airport is located in two counties, a 10-percent lengthening
9 of an existing runway or a 20-percent increase in the number
10 of gates of an existing terminal is the applicable criteria.
11 2.3. An increase in the number of hospital beds by 5
12 percent or 60 beds, whichever is greater.
13 3.4. An increase in industrial development area by 5
14 percent or 32 acres, whichever is greater.
15 4.5. An increase in the average annual acreage mined
16 by 5 percent or 10 acres, whichever is greater, or an increase
17 in the average daily water consumption by a mining operation
18 by 5 percent or 300,000 gallons, whichever is greater. An
19 increase in the size of the mine by 5 percent or 750 acres,
20 whichever is less.
21 5.6. An increase in land area for office development
22 by 5 percent or 6 acres, whichever is greater, or an increase
23 of gross floor area of office development by 5 percent or
24 60,000 gross square feet, whichever is greater.
25 7. An increase in the storage capacity for chemical or
26 petroleum storage facilities by 5 percent, 20,000 barrels, or
27 7 million pounds, whichever is greater.
28 6.8. An increase of development at a waterport of wet
29 storage for 20 watercraft, dry storage for 30 watercraft, or
30 wet/dry storage for 60 watercraft in an area identified in the
31 state marina siting plan as an appropriate site for additional
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1 waterport development or a 5-percent increase in watercraft
2 storage capacity, whichever is greater.
3 7.9. An increase in the number of dwelling units by 5
4 percent or 50 dwelling units, whichever is greater.
5 8.10. An increase in commercial development by 6 acres
6 of land area or by 50,000 square feet of gross floor area, or
7 of parking spaces provided for customers for 300 cars or a
8 5-percent increase of any of these, whichever is greater.
9 9.11. An increase in hotel or motel facility units by
10 5 percent or 75 units, whichever is greater.
11 10.12. An increase in a recreational vehicle park area
12 by 5 percent or 100 vehicle spaces, whichever is less.
13 11.13. A decrease in the area set aside for open space
14 of 5 percent or 20 acres, whichever is less.
15 12.14. A proposed increase to an approved multiuse
16 development of regional impact where the sum of the increases
17 of each land use as a percentage of the applicable substantial
18 deviation criteria is equal to or exceeds 100 percent. The
19 percentage of any decrease in the amount of open space shall
20 be treated as an increase for purposes of determining when 100
21 percent has been reached or exceeded.
22 13.15. A 15-percent increase in the number of external
23 vehicle trips generated by the development above that which
24 was projected during the original
25 development-of-regional-impact review.
26 14.16. Any change which would result in 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 or special protection of endangered or threatened
30 plants or animals designated as endangered, threatened, or
31 species of special concern and their habitat, primary dunes,
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1 or archaeological and historical sites designated as
2 significant by the Division of Historical Resources of the
3 Department of State. The further refinement of such areas by
4 survey shall be considered under sub-subparagraph (e)5.b.
5
6 The substantial deviation numerical standards in subparagraphs
7 3.4., 5.6., 8.10., 12.14., excluding residential uses, and
8 13.15., are increased by 100 percent for a project certified
9 under s. 403.973 which creates jobs and meets criteria
10 established by the Office of Tourism, Trade, and Economic
11 Development as to its impact on an area's economy, employment,
12 and prevailing wage and skill levels. The substantial
13 deviation numerical standards in subparagraphs 3.4., 5.6.,
14 7.9., 8.10., 9.11., and 12.14. are increased by 50 percent for
15 a project located wholly within an urban infill and
16 redevelopment area designated on the applicable adopted local
17 comprehensive plan future land use map and not located within
18 the coastal high hazard area.
19 (e)1. A proposed change which, either individually or,
20 if there were previous changes, cumulatively with those
21 changes, is equal to or exceeds 40 percent of any numerical
22 criterion in subparagraphs (b)1.-13.1.-15., but which does not
23 exceed such criterion, shall be presumed not to create a
24 substantial deviation subject to further
25 development-of-regional-impact review. The presumption may be
26 rebutted by clear and convincing evidence at the public
27 hearing held by the local government pursuant to subparagraph
28 (f)5.
29 2. Except for a development order rendered pursuant to
30 subsection (22) or subsection (25), a proposed change to a
31 development order that individually or cumulatively with any
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1 previous change is less than 40 percent of any numerical
2 criterion contained in subparagraphs (b)1.-13.1.-15. and does
3 not exceed any other criterion, or that involves an extension
4 of the buildout date of a development, or any phase thereof,
5 of less than 5 years is not subject to the public hearing
6 requirements of subparagraph (f)3., and is not subject to a
7 determination pursuant to subparagraph (f)5. Notice of the
8 proposed change shall be made to the regional planning council
9 and the state land planning agency. Such notice shall include
10 a description of previous individual changes made to the
11 development, including changes previously approved by the
12 local government, and shall include appropriate amendments to
13 the development order. The following changes, individually or
14 cumulatively with any previous changes, are not substantial
15 deviations:
16 a. Changes in the name of the project, developer,
17 owner, or monitoring official.
18 b. Changes to a setback that do not affect noise
19 buffers, environmental protection or mitigation areas, or
20 archaeological or historical resources.
21 c. Changes to minimum lot sizes.
22 d. Changes in the configuration of internal roads that
23 do not affect external access points.
24 e. Changes to the building design or orientation that
25 stay approximately within the approved area designated for
26 such building and parking lot, and which do not affect
27 historical buildings designated as significant by the Division
28 of Historical Resources of the Department of State.
29 f. Changes to increase the acreage in the development,
30 provided that no development is proposed on the acreage to be
31 added.
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1 g. Changes to eliminate an approved land use, provided
2 that there are no additional regional impacts.
3 h. Changes required to conform to permits approved by
4 any federal, state, or regional permitting agency, provided
5 that these changes do not create additional regional impacts.
6 i. Any other change which the state land planning
7 agency agrees in writing is similar in nature, impact, or
8 character to the changes enumerated in sub-subparagraphs a.-h.
9 and which does not create the likelihood of any additional
10 regional impact.
11
12 This subsection does not require a development order amendment
13 for any change listed in sub-subparagraphs a.-i. unless such
14 issue is addressed either in the existing development order or
15 in the application for development approval, but, in the case
16 of the application, only if, and in the manner in which, the
17 application is incorporated in the development order.
18 3. Except for the change authorized by
19 sub-subparagraph 2.f., any addition of land not previously
20 reviewed or any change not specified in paragraph (b) or
21 paragraph (c) shall be presumed to create a substantial
22 deviation. This presumption may be rebutted by clear and
23 convincing evidence.
24 4. Any submittal of a proposed change to a previously
25 approved development shall include a description of individual
26 changes previously made to the development, including changes
27 previously approved by the local government. The local
28 government shall consider the previous and current proposed
29 changes in deciding whether such changes cumulatively
30 constitute a substantial deviation requiring further
31 development-of-regional-impact review.
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1 5. The following changes to an approved development of
2 regional impact shall be presumed to create a substantial
3 deviation. Such presumption may be rebutted by clear and
4 convincing evidence.
5 a. A change proposed for 15 percent or more of the
6 acreage to a land use not previously approved in the
7 development order. Changes of less than 15 percent shall be
8 presumed not to create a substantial deviation.
9 b. Except for the types of uses listed in subparagraph
10 (b)14.16., any change which would result in the development of
11 any area which was specifically set aside in the application
12 for development approval or in the development order for
13 preservation, buffers, or special protection, including
14 habitat for plant and animal species, archaeological and
15 historical sites, dunes, and other special areas.
16 c. Notwithstanding any provision of paragraph (b) to
17 the contrary, a proposed change consisting of simultaneous
18 increases and decreases of at least two of the uses within an
19 authorized multiuse development of regional impact which was
20 originally approved with three or more uses specified in s.
21 380.0651(3)(b)(c), (c)(d), (e)(f), and (f)(g) and residential
22 use.
23 (24) STATUTORY EXEMPTIONS.--
24 (i) Any proposed facility for the storage of any
25 petroleum product is exempt from the provisions of this
26 section, if such facility is consistent with a local
27 comprehensive plan that is in compliance with s. 163.3177 or
28 is consistent with a comprehensive port master plan that is in
29 compliance with s. 163.3178.
30
31
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1 (j) Any development or expansion of an airport or
2 airport-related or aviation-related development is exempt from
3 the provisions of this section.
4 Section 58. Subsection (3) of section 380.0651,
5 Florida Statutes, is amended to read:
6 380.0651 Statewide guidelines and standards.--
7 (3) The following statewide guidelines and standards
8 shall be applied in the manner described in s. 380.06(2) to
9 determine whether the following developments shall be required
10 to undergo development-of-regional-impact review:
11 (a) Airports.--
12 1. Any of the following airport construction projects
13 shall be a development of regional impact:
14 a. A new commercial service or general aviation
15 airport with paved runways.
16 b. A new commercial service or general aviation paved
17 runway.
18 c. A new passenger terminal facility.
19 2. Lengthening of an existing runway by 25 percent or
20 an increase in the number of gates by 25 percent or three
21 gates, whichever is greater, on a commercial service airport
22 or a general aviation airport with regularly scheduled flights
23 is a development of regional impact. However, expansion of
24 existing terminal facilities at a nonhub or small hub
25 commercial service airport shall not be a development of
26 regional impact.
27 3. Any airport development project which is proposed
28 for safety, repair, or maintenance reasons alone and would not
29 have the potential to increase or change existing types of
30 aircraft activity is not a development of regional impact.
31 Notwithstanding subparagraphs 1. and 2., renovation,
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1 modernization, or replacement of airport airside or terminal
2 facilities that may include increases in square footage of
3 such facilities but does not increase the number of gates or
4 change the existing types of aircraft activity is not a
5 development of regional impact.
6 (a)(b) Attractions and recreation facilities.--Any
7 sports, entertainment, amusement, or recreation facility,
8 including, but not limited to, a sports arena, stadium,
9 racetrack, tourist attraction, amusement park, or pari-mutuel
10 facility, the construction or expansion of which:
11 1. For single performance facilities:
12 a. Provides parking spaces for more than 2,500 cars;
13 or
14 b. Provides more than 10,000 permanent seats for
15 spectators.
16 2. For serial performance facilities:
17 a. Provides parking spaces for more than 1,000 cars;
18 or
19 b. Provides more than 4,000 permanent seats for
20 spectators.
21
22 For purposes of this subsection, "serial performance
23 facilities" means those using their parking areas or permanent
24 seating more than one time per day on a regular or continuous
25 basis.
26 3. For multiscreen movie theaters of at least 8
27 screens and 2,500 seats:
28 a. Provides parking spaces for more than 1,500 cars;
29 or
30 b. Provides more than 6,000 permanent seats for
31 spectators.
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1 (b)(c) Industrial plants, industrial parks, and
2 distribution, warehousing or wholesaling facilities.--Any
3 proposed industrial, manufacturing, or processing plant, or
4 distribution, warehousing, or wholesaling facility, excluding
5 wholesaling developments which deal primarily with the general
6 public onsite, under common ownership, or any proposed
7 industrial, manufacturing, or processing activity or
8 distribution, warehousing, or wholesaling activity, excluding
9 wholesaling activities which deal primarily with the general
10 public onsite, which:
11 1. Provides parking for more than 2,500 motor
12 vehicles, excluding those vehicles which may be included in
13 wholesaling facilities' inventory; or
14 2. Occupies a site greater than 320 acres, or for
15 motor vehicle wholesaling facilities that conduct wholesaling
16 sales activity no more frequently than an average each year of
17 3 days per week, occupies a site greater than 500 acres.
18 (c)(d) Office development.--Any proposed office
19 building or park operated under common ownership, development
20 plan, or management that:
21 1. Encompasses 300,000 or more square feet of gross
22 floor area; or
23 2. Has a total site size of 30 or more acres; or
24 3. Encompasses more than 600,000 square feet of gross
25 floor area in a county with a population greater than 500,000
26 and only in a geographic area specifically designated as
27 highly suitable for increased threshold intensity in the
28 approved local comprehensive plan and in the strategic
29 regional policy plan.
30 (d)(e) Port facilities.--The proposed construction of
31 any waterport or marina is required to undergo
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1 development-of-regional-impact review, except one designed
2 for:
3 1.a. The wet storage or mooring of fewer than 150
4 watercraft used exclusively for sport, pleasure, or commercial
5 fishing, or
6 b. The dry storage of fewer than 200 watercraft used
7 exclusively for sport, pleasure, or commercial fishing, or
8 c. The wet or dry storage or mooring of fewer than 150
9 watercraft on or adjacent to an inland freshwater lake except
10 Lake Okeechobee or any lake which has been designated an
11 Outstanding Florida Water, or
12 d. The wet or dry storage or mooring of fewer than 50
13 watercraft of 40 feet in length or less of any type or
14 purpose. The exceptions to this paragraph's requirements for
15 development-of-regional-impact review shall not apply to any
16 waterport or marina facility located within or which serves
17 physical development located within a coastal barrier resource
18 unit on an unbridged barrier island designated pursuant to 16
19 U.S.C. s. 3501.
20
21 In addition to the foregoing, for projects for which no
22 environmental resource permit or sovereign submerged land
23 lease is required, the Department of Environmental Protection
24 must determine in writing that a proposed marina in excess of
25 10 slips or storage spaces or a combination of the two is
26 located so that it will not adversely impact Outstanding
27 Florida Waters or Class II waters and will not contribute boat
28 traffic in a manner that will have an adverse impact on an
29 area known to be, or likely to be, frequented by manatees. If
30 the Department of Environmental Protection fails to issue its
31 determination within 45 days of receipt of a formal written
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1 request, it has waived its authority to make such
2 determination. The Department of Environmental Protection
3 determination shall constitute final agency action pursuant to
4 chapter 120.
5 2. The dry storage of fewer than 300 watercraft used
6 exclusively for sport, pleasure, or commercial fishing at a
7 marina constructed and in operation prior to July 1, 1985.
8 3. Any proposed marina development with both wet and
9 dry mooring or storage used exclusively for sport, pleasure,
10 or commercial fishing, where the sum of percentages of the
11 applicable wet and dry mooring or storage thresholds equals
12 100 percent. This threshold is in addition to, and does not
13 preclude, a development from being required to undergo
14 development-of-regional-impact review under sub-subparagraphs
15 1.a. and b. and subparagraph 2.
16 (e)(f) Retail and service development.--Any proposed
17 retail, service, or wholesale business establishment or group
18 of establishments which deals primarily with the general
19 public onsite, operated under one common property ownership,
20 development plan, or management that:
21 1. Encompasses more than 400,000 square feet of gross
22 area;
23 2. Occupies more than 40 acres of land; or
24 3. Provides parking spaces for more than 2,500 cars.
25 (f)(g) Hotel or motel development.--
26 1. Any proposed hotel or motel development that is
27 planned to create or accommodate 350 or more units; or
28 2. Any proposed hotel or motel development that is
29 planned to create or accommodate 750 or more units, in a
30 county with a population greater than 500,000, and only in a
31 geographic area specifically designated as highly suitable for
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1 increased threshold intensity in the approved local
2 comprehensive plan and in the strategic regional policy plan.
3 (g)(h) Recreational vehicle development.--Any proposed
4 recreational vehicle development planned to create or
5 accommodate 500 or more spaces.
6 (h)(i) Multiuse development.--Any proposed development
7 with two or more land uses where the sum of the percentages of
8 the appropriate thresholds identified in chapter 28-24,
9 Florida Administrative Code, or this section for each land use
10 in the development is equal to or greater than 145 percent.
11 Any proposed development with three or more land uses, one of
12 which is residential and contains at least 100 dwelling units
13 or 15 percent of the applicable residential threshold,
14 whichever is greater, where the sum of the percentages of the
15 appropriate thresholds identified in chapter 28-24, Florida
16 Administrative Code, or this section for each land use in the
17 development is equal to or greater than 160 percent. This
18 threshold is in addition to, and does not preclude, a
19 development from being required to undergo
20 development-of-regional-impact review under any other
21 threshold.
22 (j) Residential development.--No rule may be adopted
23 concerning residential developments which treats a residential
24 development in one county as being located in a less populated
25 adjacent county unless more than 25 percent of the development
26 is located within 2 or less miles of the less populated
27 adjacent county.
28 (i)(k) Schools.--
29 1. The proposed construction of any public, private,
30 or proprietary postsecondary educational campus which provides
31 for a design population of more than 5,000 full-time
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1 equivalent students, or the proposed physical expansion of any
2 public, private, or proprietary postsecondary educational
3 campus having such a design population that would increase the
4 population by at least 20 percent of the design population.
5 2. As used in this paragraph, "full-time equivalent
6 student" means enrollment for 15 or more quarter hours during
7 a single academic semester. In area vocational schools or
8 other institutions which do not employ semester hours or
9 quarter hours in accounting for student participation,
10 enrollment for 18 contact hours shall be considered equivalent
11 to one quarter hour, and enrollment for 27 contact hours shall
12 be considered equivalent to one semester hour.
13 3. This paragraph does not apply to institutions which
14 are the subject of a campus master plan adopted by the Board
15 of Regents pursuant to s. 240.155.
16 Section 59. Paragraph (a) of subsection (12) of
17 section 163.3180, Florida Statutes, is amended to read:
18 163.3180 Concurrency.--
19 (12) When authorized by a local comprehensive plan, a
20 multiuse development of regional impact may satisfy the
21 transportation concurrency requirements of the local
22 comprehensive plan, the local government's concurrency
23 management system, and s. 380.06 by payment of a
24 proportionate-share contribution for local and regionally
25 significant traffic impacts, if:
26 (a) The development of regional impact meets or
27 exceeds the guidelines and standards of s. 380.0651(3)(h)(i)
28 and rule 28-24.032(2), Florida Administrative Code, and
29 includes a residential component that contains at least 100
30 residential dwelling units or 15 percent of the applicable
31 residential guideline and standard, whichever is greater;
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1
2 The proportionate-share contribution may be applied to any
3 transportation facility to satisfy the provisions of this
4 subsection and the local comprehensive plan, but, for the
5 purposes of this subsection, the amount of the
6 proportionate-share contribution shall be calculated based
7 upon the cumulative number of trips from the proposed
8 development expected to reach roadways during the peak hour
9 from the complete buildout of a stage or phase being approved,
10 divided by the change in the peak hour maximum service volume
11 of roadways resulting from construction of an improvement
12 necessary to maintain the adopted level of service, multiplied
13 by the construction cost, at the time of developer payment, of
14 the improvement necessary to maintain the adopted level of
15 service. For purposes of this subsection, "construction cost"
16 includes all associated costs of the improvement.
17 Section 60. Subsection (20) of section 331.303,
18 Florida Statutes, is amended to read:
19 331.303 Definitions.--
20 (20) "Spaceport launch facilities" shall be defined as
21 industrial facilities in accordance with s. 380.0651(3)(b)(c)
22 and include any launch pad, launch control center, and fixed
23 launch-support equipment.
24 Section 61. (1) Nothing contained in this act
25 abridges or modifies any vested or other right or any duty or
26 obligation pursuant to any development order or agreement
27 which is applicable to a development of regional impact on the
28 effective date of this act. An airport or petroleum storage
29 facility which has received a development-of-regional-impact
30 development order pursuant to s. 380.06, Florida Statutes
31 2000, but is no longer required to undergo
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1 development-of-regional-impact review by operation of this
2 act, shall be governed by the following procedures:
3 (a) The development shall continue to be governed by
4 the development-of-regional-impact development order, and may
5 be completed in reliance upon and pursuant to the development
6 order. The development-of-regional-impact development order
7 may be enforced by the local government as provided by ss.
8 380.06(17) and 380.11, Florida Statutes 2000.
9 (b) If requested by the developer or landowner, the
10 development-of-regional-impact development order may be
11 amended or rescinded by the local government consistent with
12 the local comprehensive plan and land development regulations
13 and pursuant to the local government procedures governing
14 local development orders.
15 (2) An airport or petroleum storage facility with an
16 application for development approval pending on the effective
17 date of this act, or a notification of proposed change pending
18 on the effective date of this act, may elect to continue such
19 review pursuant to s. 380.06, Florida Statutes 2000. At the
20 conclusion of the pending review, including any appeals
21 pursuant to s. 380.07, Florida Statutes 2000, the resulting
22 development order shall be governed by the provisions of
23 subsection (1).
24 Section 62. If any provision of this act or the
25 application thereof to any person or circumstance is held
26 invalid, the invalidity shall not affect other provisions or
27 applications of the act which can be given effect without the
28 invalid provision or application, and to this end the
29 provisions of this act are declared severable.
30 Section 63. Subsection (13) is added to section
31 475.011, Florida Statutes, to read:
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1 475.011 Exemptions.--This part does not apply to:
2 (13) Any firm that is under contract with a state or
3 local governmental entity to provide right-of-way acquisition
4 services for property subject to condemnation, or any employee
5 of such a firm, if the compensation for such services is not
6 based upon the value of the property acquired.
7 Section 64. Subsection (2) of section 479.15, Florida
8 Statutes, is amended to read:
9 479.15 Harmony of regulations.--
10 (2) A municipality, county, local zoning authority, or
11 other local governmental entity may not remove, or cause to be
12 removed, any lawfully erected sign along any portion of the
13 interstate or federal-aid primary highway system without first
14 paying just compensation for such removal. A local
15 governmental entity may not cause in any way the alteration of
16 any lawfully erected sign located along any portion of the
17 interstate or federal-aid primary highway system without
18 payment of just compensation if such alteration constitutes a
19 taking under state law. The municipality, county, local zoning
20 authority, or other local government entity promulgating
21 requirements for such alteration must be responsible for
22 payment of just compensation to the sign owner if such
23 alteration constitutes a taking under state law. This
24 subsection applies only to a lawfully erected sign the subject
25 matter of which relates to premises other than the premises on
26 which it is located or to merchandise, services, activities,
27 or entertainment not sold, produced, manufactured, or
28 furnished on the premises on which the sign is located. For
29 the purposes of this subsection, the term "federal-aid primary
30 highway system" means the federal-aid primary highway system
31 in existence on June 1, 1991, and any highway which was not on
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1 such system but which is, or hereafter becomes, a part of the
2 National Highway System. This subsection shall not be
3 interpreted as explicit or implicit legislative recognition
4 that alterations do or do not constitute a taking under state
5 law.
6 Section 65. Section 479.25, Florida Statutes, is
7 created to read:
8 479.25 Application of chapter.--Nothing in this
9 chapter shall prevent a governmental entity from entering into
10 an agreement allowing the height above ground level of a
11 lawfully erected sign to be increased at its permitted
12 location if a noise attenuation barrier, visibility screen, or
13 other highway improvement has been erected in such a way as to
14 screen or block visibility of such a sign; provided, however,
15 that for nonconforming signs located on the federal-aid
16 primary highway system, as such system existed on June 1,
17 1991, and any highway which was not on such system but which
18 is, or hereinafter becomes, a part of the National Highway
19 System, such agreement must be approved by the Federal Highway
20 Administration. Any increase in height permitted under this
21 provision shall only be that which is required to achieve the
22 same degree of visibility from the right-of-way that the sign
23 had prior to the construction of the noise attenuation
24 barrier, visibility screen, or other highway improvement.
25 Section 66. Section 70.20, Florida Statutes, is
26 created to read:
27 70.20 Balancing of interests.--It is a policy of this
28 state to encourage municipalities, counties, and other
29 governmental entities and sign owners to enter into relocation
30 and reconstruction agreements that allow governmental entities
31 to undertake public projects and accomplish public goals
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1 without the expenditure of public funds, while allowing the
2 continued maintenance of private investment in signage as a
3 medium of commercial and noncommercial communication.
4 (1) Municipalities, counties, and all other
5 governmental entities are specifically empowered to enter into
6 relocation and reconstruction agreements on whatever terms are
7 agreeable to the sign owner and the municipality, county, or
8 other governmental entity involved and to provide for
9 relocation and reconstruction of signs by agreement,
10 ordinance, or resolution. As used in this section, a
11 "relocation and reconstruction agreement" means a consensual,
12 contractual agreement between a sign owner and municipality,
13 county, or other governmental entity for either the
14 reconstruction of an existing sign or removal of a sign and
15 the construction of a new sign to substitute for the sign
16 removed.
17 (2) Except as otherwise provided in this section, no
18 municipality, county, or other governmental entity may remove,
19 or cause to be removed, any lawfully erected sign along any
20 portion of the interstate, federal-aid primary or other
21 highway system, or any other road, without first paying just
22 compensation for such removal as determined by agreement
23 between the parties or through eminent domain proceedings.
24 Except as otherwise provided in this section, no municipality,
25 county, or other governmental entity may cause in any way the
26 alteration of any lawfully erected sign located along any
27 portion of the interstate, federal-aid primary or other
28 highway system, or any other road, without first paying just
29 compensation for such alteration as determined by agreement
30 between the parties or through eminent domain proceedings. The
31 provisions of this act shall not apply to any ordinance, the
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1 validity, constitutionality, and enforceability of which the
2 owner has by written agreement waived all right to challenge.
3 (3) In the event that a municipality, county, or other
4 governmental entity shall undertake a public project or public
5 goal requiring alteration or removal of any lawfully erected
6 sign, the municipality, county, or other governmental entity
7 shall notify the owner of the affected sign in writing of the
8 public project or goal and of the intention of the
9 municipality, county, or other governmental entity to seek
10 such removal. Within 30 days after receipt of the notice, the
11 owner of the sign and the municipality, county, or other
12 governmental entity shall attempt to meet for purposes of
13 negotiating and executing a relocation and reconstruction
14 agreement provided for in subsection (1).
15 (4) If the parties fail to enter into a relocation and
16 reconstruction agreement within 120 days after the initial
17 notification by the municipality, county, or other
18 governmental entity, either party may request mandatory
19 nonbinding arbitration to resolve the disagreements among the
20 parties. Each party shall select an arbitrator, and the
21 individuals so selected shall choose a third arbitrator. The
22 three arbitrators shall constitute the panel that shall
23 arbitrate the dispute between the parties and at the
24 conclusion of the proceedings shall present to the parties a
25 proposed relocation and reconstruction agreement that the
26 panel believes equitably balances the rights, interests,
27 obligations, and reasonable expectations of the parties. If
28 the municipality, county, or other governmental entity and the
29 sign owner accept the proposed relocation and reconstruction
30 agreement, the municipality, county, or other governmental
31 entity and sign owner shall each pay its respective costs of
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1 arbitration and shall pay one-half of the costs of the
2 arbitration panel, unless the parties otherwise agree.
3 (5) If the parties do not enter into a relocation and
4 reconstruction agreement, the municipality, county, or other
5 governmental entity may proceed with the public project or
6 purpose and the alteration or removal of the sign only after
7 first paying just compensation for such alteration or removal
8 as determined by agreement between the parties or through
9 eminent domain proceedings.
10 (6) The requirement by a municipality, county, or
11 other governmental entity that a lawfully erected sign be
12 removed or altered as a condition precedent to the issuance or
13 continued effectiveness of a development order constitutes a
14 compelled removal that is prohibited without prior payment of
15 just compensation under subsection (2). This subsection does
16 not apply when the owner of the land on which the sign is
17 located is seeking to have the property redesignated on the
18 future land use map of the applicable comprehensive plan for
19 exclusively single-family residential use.
20 (7) The requirement by a municipality, county, or
21 other governmental entity that a lawfully erected sign be
22 altered or removed from the premises upon which it is located
23 incident to the voluntary acquisition of such property by a
24 municipality, county, or other governmental entity constitutes
25 a compelled removal which is prohibited without payment of
26 just compensation under subsection (2).
27 (8) Nothing in this section shall prevent a
28 municipality, county, or other governmental entity from
29 acquiring a lawfully erected sign through eminent domain or
30 from prospectively regulating the placement, size, height, or
31 other aspects of new signs within such entity's jurisdiction,
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1 including the prohibition of new signs, unless otherwise
2 authorized pursuant to this section. Nothing in this section
3 shall impair any ordinance or provision of any ordinance not
4 inconsistent with this section, nor shall this section create
5 any new rights for any party other than the owner of a sign,
6 the owner of the land upon which it is located, or a
7 municipality, county, or other governmental entity as
8 expressed in this section.
9 (9) This section applies only to a lawfully erected
10 sign the subject matter of which relates to premises other
11 than the premises on which it is located or to merchandise,
12 services, activities, or entertainment not sold, produced,
13 manufactured, or furnished on the premises on which the sign
14 is located.
15 (10) This section does not apply to any actions taken
16 by the Florida Department of Transportation which relate to
17 the operation, maintenance, or expansion of transportation
18 facilities, and this section does not affect existing law
19 regarding eminent domain relating to the Florida Department of
20 Transportation.
21 (11) Nothing in this act shall impair or affect any
22 written agreement existing prior to the effective date of this
23 act, including, but not limited to, any settlement agreements
24 reliant upon the legality or enforceability of local
25 ordinances. The provisions of this act shall not apply to any
26 dispute between a municipality or county and a sign owner
27 where the amortization period has expired and judicial
28 proceedings were commenced on or before May 1, 1997, to
29 determine the rights, interests, obligations and reasonable
30 expectations of the parties to the dispute, nor shall the
31 provisions of this act apply to any signs that are required to
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1 be removed by a date certain in areas designated by local
2 ordinance as view corridors if the local ordinance creating
3 the view corridors was enacted in part to effectuate a
4 consensual agreement between the local government and two or
5 more sign owners prior to the effective date of this act nor
6 shall the provisions of this act apply to any signs that are
7 the subject of an ordinance providing an amortization period,
8 which period has expired, and which ordinance is the subject
9 of judicial proceedings which were commenced on or before
10 January 1, 2001.
11 (12) The provisions of this section shall not apply
12 until July 1, 2002, to any dispute between a municipality or
13 county and a sign owner where the amortization period has
14 expired and judicial proceedings are pending and the dispute
15 is not otherwise exempt by subsection (11).
16 Section 67. Paragraph (b) of subsection (1) of section
17 496.425, Florida Statutes, is amended to read:
18 496.425 Solicitation of funds within public
19 transportation facilities.--
20 (1) As used in this section:
21 (b) "Facility" means any public transportation
22 facility, including, but not limited to, railroad stations,
23 bus stations, ship ports, ferry terminals, or roadside welcome
24 stations, highway service plazas, airports served by scheduled
25 passenger service, or highway rest stations.
26 Section 68. Section 496.4256, Florida Statutes, is
27 created to read:
28 496.4256 Public transportation facilities not required
29 to grant permit or access.--A governmental entity or authority
30 that owns or operates welcome centers, wayside parks, service
31 plazas, or rest areas on the state highway system as defined
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1 in chapter 335 may not be required to issue a permit or grant
2 any person access to such public transportation facilities for
3 the purpose of soliciting funds.
4 Section 69. Section 337.408, Florida Statutes, is
5 amended to read:
6 337.408 Regulation of benches, transit shelters,
7 street light poles, and waste disposal receptacles within
8 rights-of-way.--
9 (1) Benches or transit shelters, including advertising
10 displayed on benches or transit shelters, may be installed
11 within the right-of-way limits of any municipal, county, or
12 state road, except a limited access highway; provided that
13 such benches or transit shelters are for the comfort or
14 convenience of the general public, or at designated stops on
15 official bus routes; and, provided further, that written
16 authorization has been given to a qualified private supplier
17 of such service by the municipal government within whose
18 incorporated limits such benches or transit shelters are
19 installed, or by the county government within whose
20 unincorporated limits such benches or transit shelters are
21 installed. A municipality or county may authorize the
22 installation, with or without public bid, of benches and
23 transit shelters together with advertising displayed thereon,
24 within the right-of-way limits of such roads. Any contract for
25 the installation of benches or transit shelters or advertising
26 on benches or transit shelters which was entered into before
27 April 8, 1992, without public bidding, is ratified and
28 affirmed. Such benches or transit shelters may not interfere
29 with right-of-way preservation and maintenance. Any bench or
30 transit shelter located on a sidewalk within the right-of-way
31 limits of any road on the State Highway System or the county
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1 road system shall be located so as to leave at least 36 inches
2 clearance for pedestrians and persons in wheelchairs. Such
3 clearance shall be measured in a direction perpendicular to
4 the centerline of the road.
5 (2) Waste disposal receptacles the interior collection
6 container volume of which is less than 110 gallons in
7 capacity, including advertising displayed on such waste
8 disposal receptacles, may be installed within the right-of-way
9 limits of any municipal, county, or state road, except a
10 limited access highway; provided that written authorization
11 has been given to a qualified private supplier of such service
12 by the appropriate municipal or county government. A
13 municipality or county may authorize the installation, with or
14 without public bid, of waste disposal receptacles together
15 with advertising displayed thereon within the right-of-way
16 limits of such roads. Such waste disposal receptacles may not
17 interfere with right-of-way preservation and maintenance.
18 (3) The department has the authority to direct the
19 immediate relocation or removal of any bench, transit shelter,
20 or waste disposal receptacle which endangers life or property,
21 except that transit bus benches which have been placed in
22 service prior to April 1, 1992, do not have to comply with
23 bench size and advertising display size requirements which
24 have been established by the department prior to March 1,
25 1992. Any transit bus bench that was in service prior to
26 April 1, 1992, may be replaced with a bus bench of the same
27 size or smaller, if the bench is damaged or destroyed or
28 otherwise becomes unusable. As of July 1, 2001, the
29 department, municipality, or county may direct the removal of
30 any bench, transit shelter, or waste disposal receptacle, or
31 advertisement thereon, if the department, municipality, or
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1 county determines that the bench, transit shelter, or waste
2 disposal receptacle is structurally unsound or in visible
3 disrepair.
4 (4) No bench, transit shelter, or waste disposal
5 receptacle, or advertising thereon, shall be erected or so
6 placed on the right-of-way of any road which conflicts with
7 the requirements of federal law, regulations, or safety
8 standards, thereby causing the state or any political
9 subdivision the loss of federal funds. Competition among
10 persons seeking to provide bench, transit shelter, or waste
11 disposal receptacle services or advertising on such benches,
12 shelters, or receptacles may be regulated, restricted, or
13 denied by the appropriate local government entity consistent
14 with the provisions of this section.
15 (5) Street light poles, including attached public
16 service messages and advertisements, may be located within the
17 right-of-way limits of municipal and county roads in the same
18 manner as benches, transit shelters, and waste receptacles, as
19 provided in this section and in accordance with municipal and
20 county ordinances. Public service messages and advertising may
21 be installed on street light poles on roads on the State
22 Highway System in accordance with height, size, setback,
23 spacing distance, duration of display, safety, traffic
24 control, and permitting requirements established by
25 administrative rule of the Department of Transportation. The
26 department shall have authority to establish administrative
27 rules to implement this subsection. No advertising on light
28 poles shall be permitted on the Interstate Highway System. No
29 permanent structures carrying advertisements attached to light
30 poles shall be permitted on the National Highway System.
31
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1 (6)(5) Wherever the provisions of this section are
2 inconsistent with other provisions of this chapter or with the
3 provisions of chapter 125, chapter 335, chapter 336, or
4 chapter 479, the provisions of this section shall prevail.
5 Section 70. Subsection (10) of section 768.28, Florida
6 Statutes, is amended to read:
7 768.28 Waiver of sovereign immunity in tort actions;
8 recovery limits; limitation on attorney fees; statute of
9 limitations; exclusions; indemnification; risk management
10 programs.--
11 (10)(a) Health care providers or vendors, or any of
12 their employees or agents, that have contractually agreed to
13 act as agents of the Department of Corrections to provide
14 health care services to inmates of the state correctional
15 system shall be considered agents of the State of Florida,
16 Department of Corrections, for the purposes of this section,
17 while acting within the scope of and pursuant to guidelines
18 established in said contract or by rule. The contracts shall
19 provide for the indemnification of the state by the agent for
20 any liabilities incurred up to the limits set out in this
21 chapter.
22 (b) This subsection shall not be construed as
23 designating persons providing contracted health care services
24 to inmates as employees or agents of the state for the
25 purposes of chapter 440.
26 (c) For purposes of this section, regional poison
27 control centers created in accordance with s. 395.1027 and
28 coordinated and supervised under the Division of Children's
29 Medical Services Prevention and Intervention of the Department
30 of Health, or any of their employees or agents, shall be
31 considered agents of the State of Florida, Department of
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1 Health. Any contracts with poison control centers must
2 provide, to the extent permitted by law, for the
3 indemnification of the state by the agency for any liabilities
4 incurred up to the limits set out in this chapter.
5 (d) For the purposes of this section, operators of
6 rail services and providers of security for rail services, or
7 any of their employees or agents, that have contractually
8 agreed to act as agents of the Tri-County Commuter Rail
9 Authority to operate rail services or provide security for
10 rail services, shall be considered agents of the State of
11 Florida while acting within the scope of and pursuant to
12 guidelines established in said contract or by rule. The
13 contract shall provide for the indemnification of the state by
14 the agent for any liability incurred up to the limits set out
15 in this chapter.
16 Section 71. Section 337.025, Florida Statutes, is
17 amended to read:
18 337.025 Innovative highway projects; department to
19 establish program.--The department is authorized to establish
20 a program for highway projects demonstrating innovative
21 techniques of highway construction, maintenance, and finance
22 which have the intended effect of controlling time and cost
23 increases on construction projects. Such techniques may
24 include, but are not limited to, state-of-the-art technology
25 for pavement, safety, and other aspects of highway
26 construction and maintenance; innovative bidding and financing
27 techniques; accelerated construction procedures; and those
28 techniques that have the potential to reduce project life
29 cycle costs. To the maximum extent practical, the department
30 must use the existing process to award and administer
31 construction and maintenance contracts. When specific
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1 innovative techniques are to be used, the department is not
2 required to adhere to those provisions of law that would
3 prevent, preclude, or in any way prohibit the department from
4 using the innovative technique. However, prior to using an
5 innovative technique that is inconsistent with another
6 provision of law, the department must document in writing the
7 need for the exception and identify what benefits the
8 traveling public and the affected community are anticipated to
9 receive. The department may enter into no more than $120
10 million in contracts annually for the purposes authorized by
11 this section. However, the annual cap on contracts provided in
12 this section shall not apply to turnpike enterprise projects
13 nor shall turnpike enterprise projects be counted toward the
14 department's annual cap.
15 Section 72. Paragraph (c) of subsection (3) of section
16 337.11, Florida Statutes, is amended to read:
17 337.11 Contracting authority of department; bids;
18 emergency repairs, supplemental agreements, and change orders;
19 combined design and construction contracts; progress payments;
20 records; requirements of vehicle registration.--
21 (3)
22 (c) No advertisement for bids shall be published and
23 no bid solicitation notice shall be provided until title to
24 all necessary rights-of-way and easements for the construction
25 of the project covered by such advertisement or notice has
26 vested in the state or a local governmental entity, and all
27 railroad crossing and utility agreements have been executed.
28 The turnpike enterprise is exempt from this paragraph for a
29 turnpike enterprise project. Title to all necessary
30 rights-of-way shall be deemed to have been vested in the State
31
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1 of Florida when such title has been dedicated to the public or
2 acquired by prescription.
3 Section 73. Subsection (7) of section 338.165, Florida
4 Statutes, is amended to read:
5 338.165 Continuation of tolls.--
6 (7) This section does not apply to the turnpike system
7 as defined under the Florida Turnpike Enterprise Law.
8 Section 74. Section 338.22, Florida Statutes, is
9 amended to read:
10 338.22 Florida Turnpike Enterprise Law; short
11 title.--Sections 338.22-338.241 may be cited as the "Florida
12 Turnpike Enterprise Law."
13 Section 75. Section 338.221, Florida Statutes, is
14 amended to read:
15 338.221 Definitions of terms used in ss.
16 338.22-338.241.--As used in ss. 338.22-338.241, the following
17 words and terms have the following meanings, unless the
18 context indicates another or different meaning or intent:
19 (1) "Bonds" or "revenue bonds" means notes, bonds,
20 refunding bonds or other evidences of indebtedness or
21 obligations, in either temporary or definitive form, issued by
22 the Division of Bond Finance on behalf of the department and
23 authorized under the provisions of ss. 338.22-338.241 and the
24 State Bond Act.
25 (2) "Cost," as applied to a turnpike project, includes
26 the cost of acquisition of all land, rights-of-way, property,
27 easements, and interests acquired by the department for
28 turnpike project construction; the cost of such construction;
29 the cost of all machinery and equipment, financing charges,
30 fees, and expenses related to the financing; establishment of
31 reserves to secure bonds; interest prior to and during
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1 construction and for such period after completion of
2 construction as shall be determined by the department; the
3 cost of traffic estimates and of engineering and legal
4 expenses, plans, specifications, surveys, estimates of cost
5 and revenues; other expenses necessary or incident to
6 determining the feasibility or practicability of acquiring or
7 constructing any such turnpike project; administrative
8 expenses; and such other expenses as may be necessary or
9 incident to the acquisition or construction of a turnpike
10 project, the financing of such acquisition or construction,
11 and the placing of the turnpike project in operation.
12 (3) "Feeder road" means any road no more than 5 miles
13 in length, connecting to the turnpike system which the
14 department determines is necessary to create or facilitate
15 access to a turnpike project.
16 (4) "Owner" includes any person or any governmental
17 entity that has title to, or an interest in, any property,
18 right, easement, or interest authorized to be acquired
19 pursuant to ss. 338.22-338.241.
20 (5) "Revenues" means all tolls, charges, rentals,
21 gifts, grants, moneys, and other funds coming into the
22 possession, or under the control, of the department by virtue
23 of the provisions hereof, except the proceeds from the sale of
24 bonds issued under ss. 338.22-338.241.
25 (6) "Turnpike system" means those limited access toll
26 highways and associated feeder roads and other structures,
27 appurtenances, or rights previously designated, acquired, or
28 constructed pursuant to the Florida Turnpike Enterprise Law
29 and such other additional turnpike projects as may be acquired
30 or constructed as approved by the Legislature.
31
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1 (7) "Turnpike improvement" means any betterment
2 necessary or desirable for the operation of the turnpike
3 system, including, but not limited to, widenings, the addition
4 of interchanges to the existing turnpike system, resurfacings,
5 toll plazas, machinery, and equipment.
6 (8) "Economically feasible" for a proposed turnpike
7 project means that the revenues of the project in combination
8 with those of the existing turnpike system are sufficient to
9 service the debt of the outstanding turnpike bonds to
10 safeguard investors.:
11 (a) For a proposed turnpike project, that, as
12 determined by the department before the issuance of revenue
13 bonds for the project, the estimated net revenues of the
14 proposed turnpike project, excluding feeder roads and turnpike
15 improvements, will be sufficient to pay at least 50 percent of
16 the debt service on the bonds by the end of the 5th year of
17 operation and to pay at least 100 percent of the debt service
18 on the bonds by the end of the 15th year of operation. In
19 implementing this paragraph, up to 50 percent of the adopted
20 work program costs of the project may be funded from turnpike
21 revenues.
22 (b) For turnpike projects, except for feeder roads and
23 turnpike improvements, financed from revenues of the turnpike
24 system, such project, or such group of projects, originally
25 financed from revenues of the turnpike system, that the
26 project is expected to generate sufficient revenues to
27 amortize project costs within 15 years of opening to traffic.
28
29 This subsection does not prohibit the pledging of revenues
30 from the entire turnpike system to bonds issued to finance or
31 refinance a turnpike project or group of turnpike projects.
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1 (9) "Turnpike project" means any extension to or
2 expansion of the existing turnpike system and new limited
3 access toll highways and associated feeder roads and other
4 structures, interchanges, appurtenances, or rights as may be
5 approved in accordance with the Florida Turnpike Enterprise
6 Law.
7 (10) "Statement of environmental feasibility" means a
8 statement by the Department of Environmental Protection of the
9 project's significant environmental impacts.
10 Section 76. Section 338.2215, Florida Statutes, is
11 created to read:
12 338.2215 Florida Turnpike Enterprise; legislative
13 findings, policy, purpose, and intent.--It is the intent of
14 the Legislature that the turnpike enterprise be provided
15 additional powers and authority in order to maximize the
16 advantages obtainable through fully leveraging the Florida
17 Turnpike System asset. The additional powers and authority
18 will provide the turnpike enterprise with the autonomy and
19 flexibility to enable it to more easily pursue innovations as
20 well as best practices found in the private sector in
21 management, finance, organization, and operations. The
22 additional powers and authority are intended to improve
23 cost-effectiveness and timeliness of project delivery,
24 increase revenues, expand the turnpike system's capital
25 program capability, and improve the quality of service to its
26 patrons, while continuing to protect the turnpike system's
27 bondholders and further preserve, expand, and improve the
28 Florida Turnpike System.
29 Section 77. Section 338.2216, Florida Statutes, is
30 created to read:
31
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1 338.2216 Florida Turnpike Enterprise; powers and
2 authority.--
3 (1)(a) In addition to the powers granted to the
4 department, the Florida Turnpike Enterprise has full authority
5 to exercise all powers granted to it under this chapter.
6 Powers shall include, but are not limited to, the ability to
7 plan, construct, maintain, repair, and operate the Florida
8 Turnpike System.
9 (b) It is the express intention of this part that the
10 Florida Turnpike Enterprise be authorized to plan, develop,
11 own, purchase, lease, or otherwise acquire, demolish,
12 construct, improve, relocate, equip, repair, maintain,
13 operate, and manage the Florida Turnpike System; to expend
14 funds to publicize, advertise, and promote the advantages of
15 using the turnpike system and its facilities; and to
16 cooperate, coordinate, partner, and contract with other
17 entities, public and private, to accomplish these purposes.
18 (c) The executive director of the turnpike enterprise
19 shall appoint a staff, which shall be exempt from part II of
20 chapter 110. The fiscal functions of the turnpike enterprise,
21 including those arising under chapters 216, 334, and 339,
22 shall be managed by the turnpike enterprise chief financial
23 officer, who shall possess qualifications similar to those of
24 the department comptroller.
25 (2)(a) The department shall have the authority to
26 employ procurement methods available to the Department of
27 Management Services under chapters 255 and 287 and under any
28 rule adopted under such chapters solely for the benefit of the
29 turnpike enterprise. In order to enhance the effective and
30 efficient operation of the turnpike enterprise, the department
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1 may adopt rules for procurement procedures alternative to
2 chapters 255, 287, and 337.
3 (3)(a) The turnpike enterprise shall be a single
4 budget entity and shall develop a budget pursuant to chapter
5 216. The turnpike enterprise's budget shall be submitted to
6 the Legislature along with the department's budget.
7 (b) Notwithstanding the provisions of s. 216.301 to
8 the contrary and in accordance with s. 216.351, the Executive
9 Office of the Governor shall, on July 1 of each year, certify
10 forward all unexpended funds appropriated or provided pursuant
11 to this section for the turnpike enterprise. Of the
12 unexpended funds certified forward, any unencumbered amounts
13 shall be carried forward. Such funds carried forward shall
14 not exceed 5 percent of the total operating budget of the
15 turnpike enterprise. Funds carried forward pursuant to this
16 section may be used for any lawful purpose, including, but not
17 limited to, promotional and market activities, technology,
18 training, and salary bonuses. Any certified forward funds
19 remaining undisbursed on December 31 of each year shall be
20 carried forward.
21 (4) The powers conferred upon the turnpike enterprise
22 under ss. 338.22-338.241 shall be in addition and supplemental
23 to the existing powers of the department and the turnpike
24 enterprise, and these powers shall not be construed as
25 repealing any provision of any other law, general or local,
26 but shall supersede such other laws that are inconsistent with
27 the exercise of the powers provided under ss. 338.22-338.241
28 and provide a complete method for the exercise of such powers
29 granted.
30 Section 78. Subsection (4) of section 338.223, Florida
31 Statutes, is amended to read:
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1 338.223 Proposed turnpike projects.--
2 (4) The department is authorized, with the approval of
3 the Legislature, to use federal and state transportation funds
4 to lend or pay a portion of the operating, maintenance, and
5 capital costs of turnpike projects. Federal and state
6 transportation funds included in an adopted work program, or
7 the General Appropriations Act, for a turnpike project do not
8 have to be reimbursed to the State Transportation Trust Fund,
9 or used in determining the economic feasibility of the
10 proposed project. For operating and maintenance loans, the
11 maximum net loan amount in any fiscal year shall not exceed
12 1.5 0.5 percent of state transportation tax revenues for that
13 fiscal year.
14 Section 79. Subsection (2) of section 338.227, Florida
15 Statutes, is amended to read:
16 338.227 Turnpike revenue bonds.--
17 (2) The proceeds of the bonds of each issue shall be
18 used solely for the payment of the cost of the turnpike
19 projects for which such bonds shall have been issued, except
20 as provided in the State Bond Act. Such proceeds shall be
21 disbursed and used as provided by ss. 338.22-338.241 and in
22 such manner and under such restrictions, if any, as the
23 Division of Bond Finance may provide in the resolution
24 authorizing the issuance of such bonds or in the trust
25 agreement hereinafter mentioned securing the same. All
26 revenues and bond proceeds from the turnpike system received
27 by the department pursuant to ss. 338.22-338.241, the Florida
28 Turnpike Enterprise Law, shall be used only for the cost of
29 turnpike projects and turnpike improvements and for the
30 administration, operation, maintenance, and financing of the
31 turnpike system. No revenues or bond proceeds from the
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1 turnpike system shall be spent for the operation, maintenance,
2 construction, or financing of any project which is not part of
3 the turnpike system.
4 Section 80. Subsection (2) of section 338.2275,
5 Florida Statutes, is amended to read:
6 338.2275 Approved turnpike projects.--
7 (2) The department is authorized to use turnpike
8 revenues, the State Transportation Trust Fund moneys allocated
9 for turnpike projects pursuant to s. 338.001, federal funds,
10 and bond proceeds, and shall use the most cost-efficient
11 combination of such funds, in developing a financial plan for
12 funding turnpike projects. The department must submit a
13 report of the estimated cost for each ongoing turnpike project
14 and for each planned project to the Legislature 14 days before
15 the convening of the regular legislative session. Verification
16 of economic feasibility and statements of environmental
17 feasibility for individual turnpike projects must be based on
18 the entire project as approved. Statements of environmental
19 feasibility are not required for those projects listed in s.
20 12, chapter 90-136, Laws of Florida, for which the Project
21 Development and Environmental Reports were completed by July
22 1, 1990. All required environmental permits must be obtained
23 before The department may advertise for bids for contracts for
24 the construction of any turnpike project prior to obtaining
25 required environmental permits.
26 Section 81. Section 338.234, Florida Statutes, is
27 amended to read:
28 338.234 Granting concessions or selling along the
29 turnpike system.--
30 (1) The department may enter into contracts or
31 licenses with any person for the sale of grant concessions or
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1 sell services or products or business opportunities on along
2 the turnpike system, or the turnpike enterprise may sell
3 services, products, or business opportunities on the turnpike
4 system, which benefit the traveling public or provide
5 additional revenue to the turnpike system. Services, business
6 opportunities, and products authorized to be sold include, but
7 are not limited to, the sale of motor fuel, vehicle towing,
8 and vehicle maintenance services; the sale of food with
9 attendant nonalcoholic beverages; lodging, meeting rooms, and
10 other business services opportunities; advertising and other
11 promotional opportunities, which advertising and promotions
12 must be consistent with the dignity and integrity of the
13 state; the sale of state lottery tickets sold by authorized
14 retailers; games and amusements that the granting of
15 concessions for amusement devices which operate by the
16 application of skill, not including games of chance as defined
17 in s. 849.16 or other illegal gambling games; the sale of
18 Florida citrus, goods promoting the state, or handmade goods
19 produced within the state; and the granting of concessions for
20 equipment which provides travel information, or tickets,
21 reservations, or other related services; and the granting of
22 concessions which provide banking and other business services.
23 The department may also provide information centers on the
24 plazas for the benefit of the public.
25 (2) The department may provide an opportunity for
26 governmental agencies to hold public events at turnpike plazas
27 which educate the traveling public as to safety, travel, and
28 tourism.
29 Section 82. Subsection (3) of section 338.235, Florida
30 Statutes, is amended to read:
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1 338.235 Contracts with department for provision of
2 services on the turnpike system.--
3 (3) The department may enter into contracts or
4 agreements, with or without competitive bidding or
5 procurement, to make available, on a fair, reasonable,
6 nonexclusive, and nondiscriminatory basis, turnpike property
7 and other turnpike structures, for the placement of wireless
8 facilities by any wireless provider of mobile services as
9 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
10 telecommunications company as defined in s. 364.02 when it is
11 determined to be practical and feasible to make such property
12 or structures available. The department may, without adopting
13 a rule, charge a just, reasonable, and nondiscriminatory fee
14 for placement of the facilities, payable annually, based on
15 the fair market value of space used by comparable
16 communications facilities in the state. The department and a
17 wireless provider may negotiate the reduction or elimination
18 of a fee in consideration of goods or services service
19 provided to the department by the wireless provider. All such
20 fees collected by the department shall be deposited directly
21 into the State Agency Law Enforcement Radio System Trust Fund
22 and may be used to construct, maintain, or support the system.
23 Section 83. Subsection (2) of section 338.239, Florida
24 Statutes, is amended to read:
25 338.239 Traffic control on the turnpike system.--
26 (2) Members of the Florida Highway Patrol are vested
27 with the power, and charged with the duty, to enforce the
28 rules of the department. Approved expenditures Expenses
29 incurred by the Florida Highway Patrol in carrying out its
30 powers and duties under ss. 338.22-338.241 may be treated as a
31 part of the cost of the operation of the turnpike system, and
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1 the Department of Highway Safety and Motor Vehicles shall be
2 reimbursed by the turnpike enterprise Department of
3 Transportation for such expenses incurred on the turnpike
4 system mainline, which is that part of the turnpike system
5 extending from the southern terminus in Florida City to the
6 northern terminus in Wildwood including all contiguous
7 sections. Florida Highway Patrol Troop K shall be
8 headquartered with the turnpike enterprise and shall be the
9 official and preferred law enforcement troop for the turnpike
10 system. The Department of Highway Safety and Motor Vehicles
11 may, upon request of the executive director of the turnpike
12 enterprise and approval of the Legislature, increase the
13 number of authorized positions for Troop K, or the executive
14 director of the turnpike enterprise may contract with the
15 Department of Highway Safety and Motor Vehicles for additional
16 troops to patrol the turnpike system.
17 Section 84. Section 338.241, Florida Statutes, is
18 amended to read:
19 338.241 Cash reserve requirement.--The budget for the
20 turnpike system shall be so planned as to provide for a cash
21 reserve at the end of each fiscal year of not less than 5 10
22 percent of the unpaid balance of all turnpike system
23 contractual obligations, excluding bond obligations, to be
24 paid from revenues.
25 Section 85. Section 338.251, Florida Statutes, is
26 amended to read:
27 338.251 Toll Facilities Revolving Trust Fund.--The
28 Toll Facilities Revolving Trust Fund is hereby created for the
29 purpose of encouraging the development and enhancing the
30 financial feasibility of revenue-producing road projects
31 undertaken by local governmental entities in a county or
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1 combination of contiguous counties and the turnpike
2 enterprise.
3 (1) The department is authorized to advance funds for
4 preliminary engineering, traffic and revenue studies,
5 environmental impact studies, financial advisory services,
6 engineering design, right-of-way map preparation, other
7 appropriate project-related professional services, and
8 advanced right-of-way acquisition to expressway authorities,
9 the turnpike enterprise, counties, or other local governmental
10 entities that desire to undertake revenue-producing road
11 projects.
12 (2) No funds shall be advanced pursuant to this
13 section unless the following is documented to the department:
14 (a) The proposed facility is consistent with the
15 adopted transportation plan of the appropriate metropolitan
16 planning organization and the Florida Transportation Plan.
17 (b) A proposed 2-year budget detailing the use of the
18 cash advance and a project schedule consistent with the
19 budget.
20 (3) Prior to receiving any moneys for advance
21 right-of-way acquisition, it shall be shown that such
22 right-of-way will substantially appreciate prior to
23 construction and that savings will result from its advance
24 purchase. Any such request for moneys for advance
25 right-of-way acquisition shall be accompanied by a preliminary
26 engineering study, environmental impact study, traffic and
27 revenue study, and right-of-way maps along with either a
28 negotiated contract for purchase of the right-of-way, such
29 contract to include a clause stating that it is subject to
30 funding by the department or the Legislature, or an appraisal
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1 of the subject property for purpose of condemnation
2 proceedings.
3 (4) Each advance pursuant to this section shall
4 require repayment out of the initial bond issue revenue or, at
5 the discretion of the governmental entity or the turnpike
6 enterprise of the facility, repayment shall begin no later
7 than 7 years after the date of the advance, provided repayment
8 shall be completed no later than 12 years after the date of
9 the advance. However, such election shall be made at the time
10 of the initial bond issue, and, if repayment is to be made
11 during the time period referred to above, a schedule of such
12 repayment shall be submitted to the department.
13 (5) No amount in excess of $1.5 million annually shall
14 be advanced to any one governmental entity or the turnpike
15 enterprise pursuant to this section without specific
16 appropriation by the Legislature.
17 (6) Funds may not be advanced for funding final design
18 costs beyond 60 percent completion until an acceptable plan to
19 finance all project costs, including the reimbursement of
20 outstanding trust fund advances, is approved by the
21 department.
22 (7) The department may advance funds sufficient to
23 defray shortages in toll revenues of facilities receiving
24 funds pursuant to this section for the first 5 years of
25 operation, up to a maximum of $5 million per year, to be
26 reimbursed to this fund within 5 years of the last advance
27 hereunder. Any advance under this provision shall require
28 specific appropriation by the Legislature.
29 (8) No expressway authority, county, or other local
30 governmental entity, or the turnpike enterprise, shall be
31 eligible to receive any advance under this section if the
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1 expressway authority, county, or other local governmental
2 entity or the turnpike enterprise has failed to repay any
3 previous advances as required by law or by agreement with the
4 department.
5 (9) Repayment of funds advanced, including advances
6 made prior to January 1, 1994, shall not include interest.
7 However, interest accruing to local governmental entities and
8 the turnpike enterprise from the investment of advances shall
9 be paid to the department.
10 Section 86. Subsection (1) of section 553.80, Florida
11 Statutes, as amended by section 86 of chapter 2000-141, Laws
12 of Florida, is amended to read:
13 553.80 Enforcement.--
14 (1) Except as provided in paragraphs (a)-(f) (a)-(e),
15 each local government and each legally constituted enforcement
16 district with statutory authority shall regulate building
17 construction and, where authorized in the state agency's
18 enabling legislation, each state agency shall enforce the
19 Florida Building Code required by this part on all public or
20 private buildings, structures, and facilities, unless such
21 responsibility has been delegated to another unit of
22 government pursuant to s. 553.79(9).
23 (a) Construction regulations relating to correctional
24 facilities under the jurisdiction of the Department of
25 Corrections and the Department of Juvenile Justice are to be
26 enforced exclusively by those departments.
27 (b) Construction regulations relating to elevator
28 equipment under the jurisdiction of the Bureau of Elevators of
29 the Department of Business and Professional Regulation shall
30 be enforced exclusively by that department.
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1 (c) In addition to the requirements of s. 553.79 and
2 this section, facilities subject to the provisions of chapter
3 395 and part II of chapter 400 shall have facility plans
4 reviewed and construction surveyed by the state agency
5 authorized to do so under the requirements of chapter 395 and
6 part II of chapter 400 and the certification requirements of
7 the Federal Government.
8 (d) Building plans approved pursuant to s. 553.77(6)
9 and state-approved manufactured buildings, including buildings
10 manufactured and assembled offsite and not intended for
11 habitation, such as lawn storage buildings and storage sheds,
12 are exempt from local code enforcing agency plan reviews
13 except for provisions of the code relating to erection,
14 assembly, or construction at the site. Erection, assembly, and
15 construction at the site are subject to local permitting and
16 inspections.
17 (e) Construction regulations governing public schools,
18 state universities, and community colleges shall be enforced
19 as provided in subsection (6).
20 (f) Construction regulations relating to
21 transportation facilities under the jurisdiction of the
22 turnpike enterprise of the Department of Transportation shall
23 be enforced exclusively by the turnpike enterprise.
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25 The governing bodies of local governments may provide a
26 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
27 and this section, for the enforcement of the provisions of
28 this part. Such fees shall be used solely for carrying out
29 the local government's responsibilities in enforcing the
30 Florida Building Code. The authority of state enforcing
31 agencies to set fees for enforcement shall be derived from
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1 authority existing on July 1, 1998. However, nothing contained
2 in this subsection shall operate to limit such agencies from
3 adjusting their fee schedule in conformance with existing
4 authority.
5 Section 87. (1) This shall be known as the "Dori
6 Slosberg Act of 2001."
7 (2) Notwithstanding the provisions of s. 318.121,
8 Florida Statutes, a board of county commissioners may require,
9 by ordinance, that the clerk of the court collect an
10 additional $3 with each civil traffic penalty, which shall be
11 used to fund driver education programs in public and nonpublic
12 schools. The ordinance shall provide for the board of county
13 commissioners to administer the funds. The funds shall be used
14 for direct educational expenses and shall not be used for
15 administration.
16 Section 88. Section 316.3027 and subsection (3) of
17 section 316.610, Florida Statutes, are repealed.
18 Section 89. This act shall take effect July 1, 2001.
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