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.


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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:

30  

31  


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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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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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                                    CS/CS/HB 1053, First Engrossed



  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

31  


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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:

31  


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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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                                    CS/CS/HB 1053, First Engrossed



  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

31  


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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.

31  


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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.

24  

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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                                    CS/CS/HB 1053, First Engrossed



  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.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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