Senate Bill sb2056

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    Florida Senate - 2001                                  SB 2056

    By Senator Sebesta





    20-634A-01

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending s. 206.46, F.S.;

  4         increasing the debt service cap on the transfer

  5         of 7 percent of state transportation revenue to

  6         the Right-of-Way Acquisition and Bridge

  7         Construction Trust Fund; amending s. 255.20,

  8         F.S.; adding an exception to requirements

  9         relating to local bids and contracts for public

10         construction works; amending s. 316.302, F.S.;

11         updating references to safety regulations for

12         commercial vehicles; amending s. 316.3025,

13         F.S.; conforming that section to the repeal of

14         s. 316.3027, F.S.; repealing 316.3027, F.S.,

15         relating to commercial motor vehicle

16         identification requirements; amending s.

17         316.515, F.S.; deleting the permit requirement

18         for an automobile transporter; amending s.

19         316.535, F.S.; providing maximum weights for

20         certain trucks; amending s. 316.545, F.S.;

21         conforming provisions to amendments made by

22         this act; repealing s. 316.610(3), F.S.,

23         relating to an irrelevant vehicle inspection

24         service; amending ss. 330.27, 330.29, 330.30,

25         330.35, 330.36, F.S.; providing for the

26         registration and licensing of airports;

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

28         department to purchase certain promotional

29         items for the Florida Scenic Highways Program;

30         authorizing the department to enter into

31         permit-delegation agreements in certain

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  1         circumstances; amending ss. 335.141, 341.302,

  2         F.S.; removing the department's authority to

  3         regulate the operating speed of trains;

  4         amending s. 336.41, F.S.; providing

  5         prequalification requirements for contractors

  6         who bid on certain government projects;

  7         requiring the publication of prequalification

  8         criteria and procedures; providing for de novo

  9         review of the prequalification process by a

10         circuit court; requiring the publication of

11         selection criteria in specified circumstances;

12         providing applicability; amending s. 336.44,

13         F.S.; substituting the criterion "lowest

14         responsible bidder" for "lowest competent

15         bidder"; amending s. 337.107, F.S.; authorizing

16         right-of-way services to be included in

17         design-build contracts; amending s. 337.11,

18         F.S.; authorizing the advertisement and award

19         of certain design-build contracts; increasing

20         the cap on fast-response contracts; authorizing

21         the use of design-build contracts for

22         enhancement projects; amending s. 337.14, F.S.;

23         increasing the length of time for which a

24         certificate of qualification may remain valid;

25         providing prequalification requirements for

26         contractors who bid on certain projects of

27         specified expressway and bridge authorities or

28         of the Jacksonville Transportation Authority;

29         requiring the publication of prequalification

30         criteria and procedures; providing for de novo

31         review of the prequalification process by a

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  1         circuit court; requiring the publication of

  2         selection criteria in specified circumstances;

  3         providing applicability; amending s. 337.401,

  4         F.S.; authorizing the department to accept a

  5         utility-relocation schedule and relocation

  6         agreement in lieu of a written permit in

  7         certain circumstances; amending s. 339.08,

  8         F.S.; repealing a rulemaking requirement

  9         relating to the department's expending moneys

10         in the State Transportation Trust Fund;

11         amending s. 339.12, F.S.; authorizing

12         compensation to local governments by the

13         department; amending s. 339.135, F.S.;

14         increasing the threshold amount for an

15         amendment to the adopted work program;

16         repealing s. 341.051(5)(b), F.S., relating to

17         methodology development for certain transit

18         projects; amending s. 341.302, F.S.;

19         eliminating the requirement for the department

20         to develop and administer certain rail-system

21         standards; amending s. 475.011, F.S.; providing

22         an exemption for certain employees from

23         specified licensing requirements; amending s.

24         479.15, F.S.; revising requirements relating to

25         harmony of regulations pertaining to signs;

26         defining the term "federal-aid primary highway

27         system"; providing that certain actions

28         constitute a compelled removal that is

29         prohibited without prior payment of just

30         compensation; creating s. 479.25, F.S.;

31         allowing an increase in the height of a sign to

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  1         restore its visibility, under specified

  2         conditions; amending s. 496.425, F.S., and

  3         creating s. 496.4256, F.S.; deleting the permit

  4         requirement for solicitation at rest areas;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Subsection (2) of section 206.46, Florida

10  Statutes, is amended to read:

11         206.46  State Transportation Trust Fund.--

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

13  the revenues deposited into the State Transportation Trust

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

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

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

17  meet the requirements of the documents authorizing the bonds

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

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

20  coverage requirements of outstanding bonds.  Notwithstanding

21  the 7 percent annual transfer authorized in this subsection,

22  the annual amount transferred under this subsection shall not

23  exceed an amount necessary to provide the required debt

24  service coverage levels for a maximum debt service not to

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

26  primarily from the motor and diesel fuel taxes transferred to

27  the State Transportation Trust Fund from the Fuel Tax

28  Collection Trust Fund.

29         Section 2.  Paragraph (a) of subsection (1) of section

30  255.20, Florida Statutes, is amended to read:

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  1         255.20  Local bids and contracts for public

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

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

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

  5  state seeking to construct or improve a public building,

  6  structure, or other public construction works must

  7  competitively award to an appropriately licensed contractor

  8  each project that is estimated in accordance with generally

  9  accepted cost-accounting principles to have total construction

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

11  local government must competitively award to an appropriately

12  licensed contractor each project that is estimated in

13  accordance with generally accepted cost-accounting principles

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

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

16  on the submission of sealed bids, proposals submitted in

17  response to a request for proposal, proposals submitted in

18  response to a request for qualifications, or proposals

19  submitted for competitive negotiation. This subsection

20  expressly allows contracts for construction management

21  services, design/build contracts, continuation contracts based

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

23  private sector contractor permitted by any applicable

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

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

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

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

28  construction of the project. Subject to the provisions of

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

30  other political subdivision may establish, by municipal or

31

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  1  county ordinance or special district resolution, procedures

  2  for conducting the bidding process.

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

  4         1.  When the project is undertaken to replace,

  5  reconstruct, or repair an existing facility damaged or

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

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

  8  circumstances, and such damage or destruction creates:

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

10         b.  Other loss to public or private property which

11  requires emergency government action; or

12         c.  An interruption of an essential governmental

13  service.

14         2.  When, after notice by publication in accordance

15  with the applicable ordinance or resolution, the governmental

16  entity does not receive any responsive bids or responses.

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

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

19  the public utility system is performed by personnel of the

20  system.

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

22  by a utility commission whose major contracts are to construct

23  and operate a public electric utility system.

24         5.  When the project is undertaken as repair or

25  maintenance of an existing public facility.

26         6.  When the project is undertaken exclusively as part

27  of a public educational program.

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

29  diminished or lost because the time required to competitively

30  award the project after the funds become available exceeds the

31  time within which the funding source must be spent.

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  1         8.  When the local government has competitively awarded

  2  a project to a private sector contractor and the contractor

  3  has abandoned the project before completion or the local

  4  government has terminated the contract.

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

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

  7  286.011 and finds by a majority vote of the governing board

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

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

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

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

12  final action to apply this subparagraph. The notice must

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

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

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

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

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

18  interest for local government to perform a project using its

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

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

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

22  increase in capital expenditures for public facilities,

23  equipment or other capital assets, the impact on local

24  economic development, the impact on small and minority

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

26  whether the private sector contractors provide health

27  insurance and other benefits equivalent to those provided by

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

29  in the public's best interest.

30         10.  When the governing board of the local government

31  determines upon consideration of specific substantive criteria

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  1  and administrative procedures that it is in the best interest

  2  of the local government to award the project to an

  3  appropriately licensed private sector contractor according to

  4  procedures established by and expressly set forth in a

  5  charter, ordinance, or resolution of the local government

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

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

  8  must be applied uniformly by the local government to avoid

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

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

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

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

13  286.011 and finds by a two-thirds vote of the governing board

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

15  according to the criteria and procedures established by

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

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

18  meeting at which the governing board takes final action to

19  apply this subparagraph.  The notice must identify the

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

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

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

23  the criteria and procedures permitted by the preexisting

24  ordinance.

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

26  method other than a competitive selection process, the

27  governing board must find evidence that:

28         (I)  There is one appropriately licensed contractor who

29  is uniquely qualified to undertake the project because that

30  contractor is currently under contract to perform work that is

31  affiliated with the project; or

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

  2  jeopardize the funding for the project, or will materially

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

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

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

  6  method other than a competitive selection process, the

  7  published notice must clearly specify the ordinance or

  8  resolution by which the private sector contractor will be

  9  selected and the criteria to be considered.

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

11  method other than a competitive selection process, the

12  architect or engineer of record has provided a written

13  recommendation that the project be awarded to the private

14  sector contractor without competitive selection; and the

15  consideration by, and the justification of, the government

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

17  presented to the governing board prior to the approval

18  required in this paragraph.

19         11.  To projects subject to chapter 336.

20         Section 3.  Paragraph (b) of subsection (1) of section

21  316.302, Florida Statutes, is amended to read:

22         316.302  Commercial motor vehicles; safety regulations;

23  transporters and shippers of hazardous materials;

24  enforcement.--

25         (1)

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

27  owners or drivers of commercial motor vehicles that are

28  engaged in intrastate commerce are subject to the rules and

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

30  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

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

  3         Section 4.  Paragraph (a) of subsection (3) of section

  4  316.3025, Florida Statutes, is amended to read:

  5         316.3025  Penalties.--

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

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

  8         Section 5.  Section 316.3027, Florida Statutes, is

  9  repealed.

10         Section 6.  Subsection (2) of section 316.515, Florida

11  Statutes, is amended to read:

12         316.515  Maximum width, height, length.--

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

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

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

16  Department of Transportation, measure a height not to exceed

17  14 feet, inclusive of the load carried thereon.

18         Section 7.  Present subsection (6) of section 316.535,

19  Florida Statutes, is redesignated as subsection (7), present

20  subsection (7) of that section is redesignated as subsection

21  (8) and amended, and a new subsection (6) is added to that

22  section, to read:

23         316.535  Maximum weights.--

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

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

26  gasoline trucks designed and constructed for special types of

27  work or use, when operated as a single unit, are subject to

28  all safety and operational requirements of law, except that

29  any such vehicle need not conform to the axle spacing

30  requirements of this section if the vehicle is limited to a

31  total gross load, including the weight of the vehicle, of

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  1  20,000 pounds per axle plus scale tolerances and does not

  2  exceed 550 pounds per inch of tire surface width plus scale

  3  tolerances. A vehicle operating pursuant to this section may

  4  not exceed a gross weight, including the weight of the vehicle

  5  and scale tolerances, of 70,000 pounds. Any vehicle that

  6  violates the weight provisions of this section shall be

  7  penalized as provided in s. 316.545.

  8         (7)(6)  The Department of Transportation shall adopt

  9  rules to implement this section, shall enforce this section

10  and the rules adopted hereunder, and shall publish and

11  distribute tables and other publications as deemed necessary

12  to inform the public.

13         (8)(7)  Except as hereinafter provided, no vehicle or

14  combination of vehicles exceeding the gross weights specified

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

16  to travel on the public highways within the state.

17         Section 8.  Paragraph (a) of subsection (2) of section

18  316.545, Florida Statutes, is amended to read:

19         316.545  Weight and load unlawful; special fuel and

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

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

22  combination of vehicles with load, determines that the axle

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

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

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

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

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

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

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

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

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

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  1  facilitate compliance with and enforcement of the weight

  2  limits established in s. 316.535, weight tables published

  3  pursuant to s. 316.535(7) s. 316.535(6) shall include a

  4  10-percent scale tolerance and shall thereby reflect the

  5  maximum scaled weights allowed any vehicle or combination of

  6  vehicles.  As used in this section, scale tolerance means the

  7  allowable deviation from legal weights established in s.

  8  316.535.  Notwithstanding any other provision of the weight

  9  law, if a vehicle or combination of vehicles does not exceed

10  the gross, external bridge, or internal bridge weight limits

11  imposed in s. 316.535 and the driver of such vehicle or

12  combination of vehicles can comply with the requirements of

13  this chapter by shifting or equalizing the load on all wheels

14  or axles and does so when requested by the proper authority,

15  the driver shall not be held to be operating in violation of

16  said weight limits.

17         Section 9.  Subsection (3) of section 316.610, Florida

18  Statutes, is repealed.

19         Section 10.  Section 330.27, Florida Statutes, is

20  amended to read:

21         330.27  Definitions, when used in ss. 330.29-330.36,

22  330.38, 330.39.--

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

24  device capable of atmospheric flight any motor vehicle or

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

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

27  parachute or other such device contrivance designed for such

28  navigation but used primarily as safety equipment.

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

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

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

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  1  takeoff of aircraft, including and any appurtenant areas,

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

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

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

  5  buildings and facilities located thereon.

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

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

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

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

10  or taking off.

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

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

13  the operation, construction, repair, or maintenance of

14  aircraft, aircraft power plants, and accessories, including

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

16  design, establishment, construction, extension, operation,

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

18  navigation facilities; and instruction in flying or ground

19  subjects pertaining thereto.

20         (3)(5)  "Department" means the Department of

21  Transportation.

22         (4)(6)  "Limited airport" means any an airport,

23  publicly or privately owned, limited exclusively to the

24  specific conditions stated on the site approval order or

25  license.

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

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

28  airspace over this state or upon any airport within this

29  state.

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

31  municipality, district, port or aviation commission or

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  1  authority, or similar entity authorized to establish or

  2  operate an airport in this state.

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

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

  5  public. A private airport is registered with the department

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

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

  8  available to others for use by invitation of the registrants

  9  licensee.  Services may be provided if authorized by the

10  department.

11         (6)(10)  "Public airport" means an airport, publicly or

12  privately owned, which meets minimum safety and service

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

14  current United States Government Flight Information

15  Publication, Airport Facility Directory. A public airport is

16  licensed by the department as meeting minimum safety

17  standards.

18         (7)(11)  "Temporary airport" means any an airport,

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

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

21         (8)(12)  "Ultralight aircraft" means any

22  heavier-than-air, motorized aircraft that which meets the

23  criteria for maximum weight, fuel capacity, and airspeed

24  established for such aircraft by the Federal Aviation

25  Regulations, Administration under Part 103 of the Federal

26  Aviation Regulations.

27         Section 11.  Section 330.29, Florida Statutes, is

28  amended to read:

29         330.29  Administration and enforcement; rules;

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

31  the department to:

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  1         (1)  Administer and enforce the provisions of this

  2  chapter.

  3         (2)  Establish minimum standards for airport sites and

  4  airports under its licensing and registration jurisdiction.

  5         (3)  Establish and maintain a state aviation data

  6  system to facilitate licensing and registration of all

  7  airports.

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

  9  120.54 to implement the provisions of this chapter.

10         Section 12.  Section 330.30, Florida Statutes, is

11  amended to read:

12         330.30  Approval of airport sites and licensing of

13  airports; fees.--

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

15  PERIOD, REVOCATION.--

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

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

18  acquisition, of the site or prior to the construction or

19  establishment of the proposed airport, obtain approval of the

20  airport site from the department.  Applications for approval

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

22  a form prescribed by the department and shall be accompanied

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

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

25  if it is satisfied:

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

27  as proposed airport;

28         2.  That the airport as proposed airport, if

29  constructed or established, will conform to minimum standards

30  of safety and will comply with the applicable local government

31

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  1  land development regulations or county or municipal zoning

  2  requirements;

  3         3.  That all nearby airports, local governments

  4  municipalities, and property owners have been notified and any

  5  comments submitted by them have been given adequate

  6  consideration; and

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

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

  9  airports and approved airport sites in its vicinity.

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

11  only after a favorable department inspection of the proposed

12  site.

13         (c)  Site approval shall be granted for private

14  airports only after receipt of documentation that the

15  department considers necessary to satisfy the conditions in

16  paragraph (1)(a).

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

18  reasonable conditions that which the department considers may

19  deem necessary to protect the public health, safety, or

20  welfare.

21         (e)  Such Approval remains valid shall remain in effect

22  for a period of 2 years after the date of issue issuance of

23  the site approval order, unless sooner revoked by the

24  department or unless, prior to the expiration of the 2-year

25  period, a public airport license is issued or private airport

26  registration is granted for an airport located on the approved

27  site has been issued pursuant to subsection (2) prior to the

28  expiration date.

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

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

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

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

  2  if it determines:

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

  4  been abandoned as an airport site;

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

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

  7  within a reasonable time period or development does not to

  8  comply with the conditions of the site approval;

  9         3.  That, except as required for inflight emergencies,

10  the operation of aircraft have operated of a nonemergency

11  nature has occurred on the site; or

12         4.  That, because of changed physical or legal

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

14  the aviation purposes due to physical or legal changes in

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

16  granted.

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

18  RENEWAL, REVOCATION.--

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

20  lessee of any an airport in this state must have either obtain

21  a public airport license or private airport registration prior

22  to the operation of aircraft to or from the facility on the

23  airport. An Application for a such license or registration

24  shall be made on a form prescribed by the department and shall

25  be accomplished jointly with an application for site approval.

26  Upon granting site approval:

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

28  license after a final airport inspection shows the facility to

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

30  license may be subject to any reasonable conditions that the

31

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  1  department considers necessary to protect the public health,

  2  safety, or welfare.

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

  4  controlled electronic access to the state aviation facility

  5  data system to permit the applicant to complete the

  6  registration process. Registration is complete upon

  7  self-certification by the registrant of operational and

  8  configuration data considered necessary by the department.,

  9  making a favorable final airport inspection report indicating

10  compliance with all license requirements, and receiving the

11  appropriate license fee, the department shall issue a license

12  to the applicant, subject to any reasonable conditions that

13  the department may deem necessary to protect the public

14  health, safety, or welfare.

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

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

17  only if it determines that such exception is justified by

18  unusual circumstances or is in the interest of public

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

20  or welfare. Such a license shall bear the designation

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

22  license is granted.

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

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

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

26  or welfare.  A temporary airport does not need a license or

27  registration. Authorization to use a site for a temporary

28  airport remains valid for Such authorization shall expire not

29  more later than 30 90 days after issuance and is not

30  renewable.

31

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

  2  airport licenses are:

  3         1.  Public airport: $100.

  4         2.  Private airport: $70.

  5         3.  Limited airport: $50.

  6         4.  Temporary airport: $25.

  7

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

  9  municipality and emergency helistops operated by licensed

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

11  payment of site approval fees and annual license fees.

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

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

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

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

16  airport inspections, recognize seasonal airport operations, or

17  improve administrative efficiency. If the expiration date for

18  a public airport is adjusted, the appropriate license fee

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

20  length of the adjusted license period.

21         2.  Registration The license period for private all

22  airports remains valid if specific elements of airport data,

23  established by the department, are periodically recertified by

24  the airport registrant. The ability to recertify private

25  airport registration data by electronic submittal must be

26  available at all times. The airport registrant must recertify

27  the required data every 12 months. If a private airport

28  registration has not been recertified within the 12-month

29  period following the latest certification, the registration is

30  expired. The expiration date of the current registration

31  period must be clearly identifiable from the state aviation

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  1  facility data system. other than public airports will be set

  2  by the department, but shall not exceed a period of 5 years.

  3  In determining the license period for such airports, the

  4  department shall consider the number of based aircraft, the

  5  airport location relative to adjacent land uses and other

  6  airports, and any other factors deemed by the department to be

  7  critical to airport operation and safety.

  8         3.  The effective date and expiration date shall be

  9  shown on the public airport stated on the face of the license.

10  Upon receiving an application for renewal of a public airport

11  license on a form prescribed by the department, and upon

12  making a favorable inspection report indicating compliance

13  with all applicable requirements and conditions, and receiving

14  the appropriate annual license fee, the department shall renew

15  the license, subject to any conditions deemed necessary to

16  protect the public health, safety, or welfare.

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

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

19  has expired not been renewed by the expiration date.

20         5.  If the renewal application for a public airport

21  license or the registration recertification for a private

22  airport has and fees have not been received by the department

23  within 15 days after the date of expiration of the license,

24  the department may close the airport.

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

26  registration, license, or license renewal thereof, or refuse

27  to allow registration or issue a license or license renewal,

28  if it determines:

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

30  abandonment of the airport as such;

31

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

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

  3  site conditions of the license or renewal thereof; or

  4         3.  That, because of changed physical or legal

  5  conditions or circumstances, the airport has become either

  6  unsafe or unusable for flight operations due to physical or

  7  legal changes in conditions that were the subject of approval

  8  the aeronautical purposes for which the license or renewal was

  9  issued.

10         (3)  EXEMPTIONS.--The provisions of This section does

11  do not apply to:

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

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

14  any public ultralight airport located more than within 5

15  nautical miles from a of another public airport or military

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

17  10 ultralight aircraft operating from the site is subject to

18  the provisions of this section.

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

20  construction project undertaken pursuant to the performance of

21  a state contract if the purpose of the helicopter operations

22  at the site is to expedite construction.

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

24  county or municipal aviation authority or a county or

25  municipal port authority or the Spaceport Florida Authority;

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

27  authority does not elect to exercise its exemption under this

28  subsection.

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

30  emergency services, not to include areas where permanent

31  facilities are installed, such as hospital landing sites.

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

  2  330.27(11) used exclusively for aerial application or spraying

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

  4  airport where permanent crop aerial application or spraying

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

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

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

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

  9  patterns with such existing airports or approved airport

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

11  agreement between the parties representing the airports or

12  sites.

13         Section 13.  Subsection (2) of section 330.35, Florida

14  Statutes, is amended to read:

15         330.35  Airport zoning, approach zone protection.--

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

17  provisions of s. 330.30 are eligible for airport zoning

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

19  as is prescribed in chapter 333.

20         Section 14.  Subsection (2) of section 330.36, Florida

21  Statutes, is amended to read:

22         330.36  Prohibition against county or municipal

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

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

25  for specified public health and safety purposes, the landing

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

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

28  on, the municipality upon adoption of zoning requirements in

29  compliance with subsection (1).

30         Section 15.  Subsections (5) and (15) of section

31  334.044, Florida Statutes, are amended to read:

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

  2  shall have the following general powers and duties:

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

  4  and materials, including the purchase of promotional items as

  5  part of public information and education campaigns for the

  6  promotion of scenic highways, traffic and train safety

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

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

  9  otherwise acquire equipment and supplies; and to sell,

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

11  longer needed by the department.

12         (15)  To regulate and prescribe conditions for the

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

14  of manmade changes to adjacent properties.

15         (a)  Such regulation shall be through a permitting

16  process designed to ensure the safety and integrity of the

17  Department of Transportation facilities and to prevent an

18  unreasonable burden on lower properties.

19         (b)  The department is specifically authorized to adopt

20  rules which set forth the purpose; necessary definitions;

21  permit exceptions; permit and assurance requirements; permit

22  application procedures; permit forms; general conditions for a

23  drainage permit; provisions for suspension or revocation of a

24  permit; and provisions for department recovery of fines,

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

26  order to avoid duplication and overlap with other units of

27  government, the department shall accept a surface water

28  management permit issued by a water management district, the

29  Department of Environmental Protection, a surface water

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

31  permit issued pursuant to an approved Stormwater Management

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

  2  requirements equal to or more stringent than those of the

  3  department. The department and a governmental entity may enter

  4  into a permit-delegation agreement under which issuance is

  5  based on requirements that the department determines will

  6  ensure the safety and integrity of department facilities.

  7         Section 16.  Present subsection (3) of section 335.141

  8  is repealed, present subsection (4) of that section is

  9  redesignated as subsection (3) and amended, and present

10  subsection (5) of that section is redesignated as subsection

11  (4), to read:

12         335.141  Regulation of public railroad-highway grade

13  crossings; reduction of hazards.--

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

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

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

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

18  provisions of chapter 120.  The department shall have the

19  authority to adopt reasonable rules to carry out the

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

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

22  order.

23         (3)(4)  Jurisdiction to enforce such orders shall be as

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

25  shall be imposed upon the railroad company guilty of such

26  violation. This section does not Nothing herein shall prevent

27  a local governmental entity from enacting ordinances relating

28  to the blocking of streets by railroad engines and cars.

29         (4)(5)  Any local governmental entity or other public

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

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

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

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

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

  4  agency and railroad to assure the safety of the railroad

  5  trains and the participants in the event.

  6         Section 17.  Subsection (4) is added to section 336.41,

  7  Florida Statutes, to read:

  8         336.41  Counties; employing labor and providing road

  9  equipment; definitions.--

10         (4)(a)  For contracts in an amount exceeding $250,000,

11  any governmental entity or authority may require that persons

12  who are interested in performing work under the contract first

13  be certified or qualified to do the work. Any contractor who

14  is prequalified and considered eligible to bid by the

15  department to perform the type of work described under the

16  contract is presumed to be qualified to perform the work so

17  described. The governmental entity or authority may provide an

18  appeal process for challenging that presumption in the circuit

19  court through de novo review that is based on the record.

20         (b)  The governmental entity or authority shall publish

21  prequalification criteria and procedures before advertising or

22  issuing a notice of solicitation. Such a publication must

23  include notice of a public hearing for comment on the criteria

24  and procedures before they are adopted. The procedures must

25  provide for an appeal process within the governmental entity

26  or authority to consider objections to the prequalification

27  process and for de novo review by the circuit court which is

28  based on the record.

29         (c)  The contracting entity shall also publish for

30  comment, prior to adoption, the selection criteria and

31  procedures to be used by the governmental entity or authority

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  1  if the procedures would allow the selection of a contractor

  2  other than the lowest responsible bidder. The selection

  3  criteria must include an appeal process within the contracting

  4  entity and de novo review by the circuit court which is based

  5  on the record.

  6

  7  This subsection applies only to contracts that are advertised

  8  for prequalification by an authority on or after July 1, 2001.

  9         Section 18.  Subsection (2) of section 336.44, Florida

10  Statutes, is amended to read:

11         336.44  Counties; contracts for construction of roads;

12  procedure; contractor's bond.--

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

14  responsible competent bidder, after publication of notice for

15  bids containing specifications furnished by the commissioners

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

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

18  the making of such contract.

19         Section 19.  Section 337.107, Florida Statutes, is

20  amended to read:

21         337.107  Contracts for right-of-way services.--The

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

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

24  corridors and transportation facilities, or the department may

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

26  contracts awarded under s. 337.11.  Right-of-way services

27  include negotiation and acquisition services, appraisal

28  services, demolition and removal of improvements, and

29  asbestos-abatement services.

30

31

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  1         Section 20.  Paragraph (c) of subsection (6) and

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

  3  Statutes, are amended to read:

  4         337.11  Contracting authority of department; bids;

  5  emergency repairs, supplemental agreements, and change orders;

  6  combined design and construction contracts; progress payments;

  7  records; requirements of vehicle registration.--

  8         (6)

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

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

11  economy, improved operations or safety, and only when

12  circumstances dictate rapid completion of the work, the

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

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

15  for construction and maintenance without advertising and

16  receiving competitive bids. However, if legislation is enacted

17  by the Legislature which changes the category thresholds, the

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

19  enter into such contracts only upon a determination that the

20  work is necessary for one of the following reasons:

21         1.  To ensure timely completion of projects or

22  avoidance of undue delay for other projects;

23         2.  To accomplish minor repairs or construction and

24  maintenance activities for which time is of the essence and

25  for which significant cost savings would occur; or

26         3.  To accomplish nonemergency work necessary to ensure

27  avoidance of adverse conditions that affect the safe and

28  efficient flow of traffic.

29

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

31  more quotes, if available, from qualified contractors before

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  1  entering into any contract. The department shall give

  2  consideration to disadvantaged business enterprise

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

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

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

  6  prime contractor on the existing contract.

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

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

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

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

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

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

13  advertised and awarded, notwithstanding the requirements of s.

14  337.11(3)(c). However, construction activities may not begin

15  on any portion of such a project until title to the necessary

16  rights-of-way and easements for the construction of that

17  portion of the project has vested in the state or in a local

18  government entity and all railroad-crossing and utility

19  agreements have been executed. Title to rights-of-way vests in

20  the state when the title has been dedicated to the public or

21  acquired by prescription.

22         Section 21.  Subsection (4) of section 337.14, Florida

23  Statutes, is amended and subsection (9) is added to that

24  section to read:

25         337.14  Application for qualification; certificate of

26  qualification; restrictions; request for hearing.--

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

28  prescribed qualifications, the department shall issue to him

29  or her a certificate of qualification that which, unless

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

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

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

  2  department prescribes may prescribe.  If In the event the

  3  department finds that an application is incomplete or contains

  4  inadequate information or information that which cannot be

  5  verified, the department may request in writing that the

  6  applicant provide the necessary information to complete the

  7  application or provide the source from which any information

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

  9  comply with the initial written request within a reasonable

10  period of time as specified therein, the department shall

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

12  to comply with the second request within a reasonable period

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

14         (9)(a)  Notwithstanding any other provision of law to

15  the contrary, for contracts in an amount exceeding $250,000,

16  an authority created under chapter 348 or chapter 349 may

17  require that persons who are interested in performing work

18  under the contract first be certified or qualified to do the

19  work. Any contractor who is prequalified and considered

20  eligible to bid by the department to perform the type of work

21  described under the contract is presumed to be qualified to

22  perform the work so described. The governmental entity or

23  authority may provide an appeal process for challenging that

24  presumption in the circuit court through de novo review that

25  is based on the record.

26         (b)  The authority shall publish prequalification

27  criteria and procedures before advertising or issuing a notice

28  of solicitation. Such a publication must include notice of a

29  public hearing for comment on the criteria and procedures

30  before they are adopted. The procedures must provide for an

31  appeal process within the authority to consider objections to

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  1  the prequalification process and for de novo review by the

  2  circuit court which is based on the record.

  3         (c)  The contracting entity shall also publish for

  4  comment, prior to adoption, the selection criteria and

  5  procedures to be used by the governmental entity or authority

  6  if the procedures would allow the selection of a contractor

  7  other than the lowest responsible bidder. The selection

  8  criteria must include an appeal process within the contracting

  9  entity and de novo review by the circuit court which is based

10  on the record.

11

12  This subsection applies only to contracts that are advertised

13  for prequalification by an authority on or after July 1, 2001.

14         Section 22.  Subsection (2) of section 337.401, Florida

15  Statutes, is amended to read:

16         337.401  Use of right-of-way for utilities subject to

17  regulation; permit; fees.--

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

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

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

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

22  utility in accordance with such rules or regulations as the

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

24  or relocated unless authorized by a written permit issued by

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

26  rail corridors under the jurisdiction of the department, a

27  utility-relocation schedule and relocation agreement may be

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

29  the permitholder to be responsible for any damage resulting

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

31  injunctive proceedings as provided in s. 120.69 to enforce

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

  2  entered into pursuant thereto.

  3         Section 23.  Subsections (1) and (2) of section 339.08,

  4  Florida Statutes, are amended to read:

  5         339.08  Use of moneys in State Transportation Trust

  6  Fund.--

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

  8  the expenditure of the moneys in the State Transportation

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

10  annual budget.

11         (2)  The These rules must restrict the use of such

12  moneys is restricted to the following purposes:

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

14  including administrative expenses incurred by the several

15  state transportation districts, but excluding administrative

16  expenses of commuter rail authorities that do not operate rail

17  service.

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

19  Highway System.

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

21  System.

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

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

24         (e)  To reimburse counties or municipalities for

25  expenditures made on projects in the State Highway System as

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

27         (f)  To pay the cost of economic development

28  transportation projects in accordance with s. 288.063.

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

30  maintenance, and capital costs of a revenue-producing

31  transportation project that is located on the State Highway

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  1  System or that is demonstrated to relieve traffic congestion

  2  on the State Highway System.

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

  4  other transportation purpose, including funds allocated to

  5  projects not located in the State Highway System.

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

  7  in accordance with the Small County Road Assistance Program

  8  created in s. 339.2816.

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

10  projects selected in accordance with the County Incentive

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

12  Outreach Program created in s. 339.2818.

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

14  in constructing and improving highway transportation

15  facilities selected in accordance with the state-funded

16  infrastructure bank created in s. 339.55.

17         (l)  To fund the Transportation Outreach Program

18  created in s. 339.137.

19         (m)  To pay other lawful expenditures of the

20  department.

21         Section 24.  Subsection (5) of section 339.12, Florida

22  Statutes, is amended to read:

23         339.12  Aid and contributions by governmental entities

24  for department projects; federal aid.--

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

26  governmental entity may enter into an agreement by which the

27  governmental entity agrees to perform a highway project or

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

29  not revenue producing or any public transportation project in

30  the adopted work program.  By specific provision in the

31  written agreement between the department and the governing

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

  2  compensate reimburse the governmental entity the actual cost

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

  4  program. Compensation Reimbursement to the governmental entity

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

  6  appropriated by the Legislature, and compensation

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

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

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

10         Section 25.  Paragraph (c) of subsection (7) of section

11  339.135, Florida Statutes, is amended to read:

12         339.135  Work program; legislative budget request;

13  definitions; preparation, adoption, execution, and

14  amendment.--

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

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

17  to transfer appropriations within the department, except that

18  the following amendments shall be subject to the procedures in

19  paragraph (d):

20         1.  Any amendment which deletes any project or project

21  phase;

22         2.  Any amendment which adds a project estimated to

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

24  Legislature;

25         3.  Any amendment which advances or defers to another

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

27  public transportation project phase estimated to cost over $1

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

29  except an amendment advancing or deferring a phase for a

30  period of 90 days or less; or

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  1         4.  Any amendment which advances or defers to another

  2  fiscal year, any preliminary engineering phase or design phase

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

  4  by the Legislature, except an amendment advancing or deferring

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

  6         Section 26.  Paragraph (b) of subsection (5) of section

  7  341.051, Florida Statutes, is repealed and present paragraphs

  8  (c), (d), (e), and (f) of that subsection are redesignated as

  9  paragraphs (d), (e), (f), and (g), respectively.

10         Section 27.  Subsections (7), (8), and (10) of section

11  341.302, Florida Statutes, are amended to read:

12         341.302  Rail program, duties and responsibilities of

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

14  governmental units and the private sector, shall develop and

15  implement a rail program of statewide application designed to

16  ensure the proper maintenance, safety, revitalization, and

17  expansion of the rail system to assure its continued and

18  increased availability to respond to statewide mobility needs.

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

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

21  shall:

22         (7)  Develop and administer state standards concerning

23  the safety and performance of rail systems, hazardous material

24  handling, and operations. Such standards shall be developed

25  jointly with representatives of affected rail systems, with

26  full consideration given to nationwide industry norms, and

27  shall define the minimum acceptable standards for safety and

28  performance.

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

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

31  hazardous materials transportation, including the loading,

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

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

  3  to determine adherence to state and federal standards.

  4  Department personnel may enforce any safety regulation issued

  5  under the Federal Government's preemptive authority over

  6  interstate commerce.

  7         (10)  Administer rail operating and construction

  8  programs, which programs shall include the regulation of

  9  maximum train operating speeds, the opening and closing of

10  public grade crossings, the construction and rehabilitation of

11  public grade crossings, and the installation of traffic

12  control devices at public grade crossings, the administering

13  of the programs by the department including participation in

14  the cost of the programs.

15         Section 28.  Subsection (13) is added to section

16  475.011, Florida Statutes, to read:

17         475.011  Exemptions.--This part does not apply to:

18         (13)  Any firm that is under contract with a state or

19  local governmental entity to provide right-of-way acquisition

20  services for property subject to condemnation, or any employee

21  of such a firm, if the compensation for such services is not

22  based upon the value of the property acquired.

23         Section 29.  Subsection (2) of section 479.15, Florida

24  Statutes, is amended and subsections (7) and (8) are added to

25  that section to read:

26         479.15  Harmony of regulations.--

27         (2)  A municipality, county, local zoning authority, or

28  other local governmental entity may not remove, or cause to be

29  removed, any lawfully erected sign along any portion of the

30  interstate, or federal-aid primary, or other highway system

31  without first paying just compensation for such removal. A

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  1  local governmental entity may not cause in any way the

  2  alteration of any lawfully erected sign located along any

  3  portion of the interstate, or federal-aid primary, or other

  4  highway system without payment of just compensation if such

  5  alteration constitutes a taking under state law. Any The

  6  municipality, county, local zoning authority, or other

  7  governmental local government entity promulgating requirements

  8  for such alteration shall must be responsible for payment of

  9  just compensation to the sign owner if such alteration

10  constitutes a taking under state law. This subsection applies

11  only to a lawfully erected sign the subject matter of which

12  relates to premises other than the premises on which it is

13  located or to merchandise, services, activities, or

14  entertainment not sold, produced, manufactured, or furnished

15  on the premises on which the sign is located. As used in this

16  subsection, the term "federal-aid primary highway system"

17  means the federal-aid primary highway system in existence on

18  June 1, 1991, and any highway that was not on such system but

19  that is, or hereafter becomes, a part of the national highway

20  system. This subsection shall not be interpreted as explicit

21  or implicit legislative recognition that alterations do or do

22  not constitute a taking under state law.

23         (7)  The requirement by a governmental entity that a

24  lawfully erected outdoor advertising sign be removed as a

25  condition precedent to the issuance or continued effectiveness

26  of a development order constitutes a compelled removal, which

27  is prohibited without prior payment of just compensation under

28  subsection (2). The requirement by a governmental entity that

29  a lawfully erected outdoor advertising sign be removed from

30  the premises upon which it is located incident to the

31  voluntary acquisition of such property by a governmental

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  1  entity constitutes a compelled removal, which is prohibited

  2  without prior payment of just compensation under subsection

  3  (2).

  4         (8)  This section does not prevent a municipality,

  5  county, or other governmental entity from acquiring a lawfully

  6  erected sign structure through eminent domain.

  7         Section 30.  Section 479.25, Florida Statutes, is

  8  created to read:

  9         479.25  Application of chapter.--This chapter does not

10  prevent a governmental entity from entering into an agreement

11  to allow the height-above-ground level of a lawfully erected

12  sign to be increased at its permitted location if a

13  noise-attenuation barrier, visibility screen, or other highway

14  improvement has been erected in such a way as to screen or

15  block visibility of the sign; however, for nonconforming signs

16  located on the national highway system, including interstate

17  and federal-aid primary highways, such an agreement must be

18  approved by the Federal Highway Administration. Any increase

19  in height which is permitted under this section shall be only

20  that which is required to achieve the same degree of

21  visibility from the right-of-way which the sign had before the

22  construction of the noise-attenuation barrier, visibility

23  screen, or other highway improvement.

24         Section 31.  Paragraph (b) of subsection (1) of section

25  496.425, Florida Statutes, is amended to read:

26         496.425  Solicitation of funds within public

27  transportation facilities.--

28         (b)  "Facility" means any public transportation

29  facility, including, but not limited to, railroad stations,

30  bus stations, ship ports, ferry terminals, or roadside welcome

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  1  stations, highway service plazas, airports served by scheduled

  2  passenger service, or highway rest stations.

  3         Section 32.  Section 496.4256, Florida Statutes, is

  4  created to read:

  5         496.4256  Public transportation facilities not required

  6  to grant permit or access.--A governmental entity or authority

  7  that owns or operates welcome centers, wayside parks, service

  8  plazas, or rest areas on the State Highway System as defined

  9  in chapter 335 may not be required to issue a permit or grant

10  any person access to such public transportation facilities for

11  the purpose of soliciting funds.

12         Section 33.  This act shall take effect upon becoming a

13  law.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises various provisions relating to the Department of
      Transportation. Increases the debt service cap on the
  4    transfer of 7 percent of state transportation revenue to
      the Right-of-Way Acquisition and Bridge Construction
  5    Trust Fund. Adds an exception to requirements relating to
      local bids and contracts for public construction works.
  6    Updates references to safety regulations for commercial
      vehicles. Repeals s. 316.3027, F.S., relating to
  7    commercial motor vehicle identification requirements and
      makes conforming amendments. Deletes the permit
  8    requirement for an automobile transporter. Provides
      maximum weights for certain trucks. Repeals s.
  9    316.610(3), F.S., relating to an irrelevant vehicle
      inspection service. Provides for the registration and
10    licensing of airports. Authorizes the department to
      purchase certain promotional items for the Florida Scenic
11    Highways Program. Authorizes the department to enter into
      permit-delegation agreements in certain circumstances.
12    Removes the department's authority to regulate the
      operating speed of trains. Provides prequalification
13    requirements for contractors who bid on certain
      government projects. Requires the publication of
14    prequalification criteria and procedures. Provides for de
      novo review of the prequalification process by a circuit
15    court. Requires the publication of selection criteria in
      specified circumstances. Provides applicability of
16    requirements pertaining to prequalification. Substitutes
      the criterion "lowest responsible bidder" for "lowest
17    competent bidder." Authorizes right-of-way services to be
      included in design-build contracts. Authorizes the
18    advertisement and award of certain design-build
      contracts. Increases the cap on fast-response contracts.
19    Authorizes the use of design-build contracts for
      enhancement projects. Increases the length of time for
20    which a certificate of qualification may remain valid.
      Provides prequalification requirements for contractors
21    who bid on certain projects of specified expressway and
      bridge authorities or of the Jacksonville Transportation
22    Authority. Requires the publication of prequalification
      criteria and procedures. Provides for de novo review of
23    the prequalification process by a circuit court. Requires
      the publication of selection criteria in specified
24    circumstances. Provides applicability of requirements
      pertaining to prequalification. Authorizes the department
25    to accept a utility-relocation schedule and relocation
      agreement in lieu of a written permit in certain
26    circumstances. Repeals the requirement that the
      department must make rules pertaining to expending moneys
27    in the State Transportation Trust Fund. Authorizes the
      department to compensate local governments. Increases the
28    threshold amount for an amendment to the adopted work
      program. Repeals s. 341.051(5)(b), F.S., relating to
29    methodology development for certain transit projects.
      Eliminates the requirement for the department to develop
30    and administer certain rail-system standards. Provides an
      exemption for certain employees from specified licensing
31    requirements. Revises requirements relating to harmony of
      regulations pertaining to signs. Defines the term
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  1    "federal-aid primary highway system." Provides that
      certain actions constitute a compelled removal that is
  2    prohibited without prior payment of just compensation.
      Allows an increase in the height of a sign to restore its
  3    visibility, under specified conditions. Deletes the
      permit requirement for solicitation at rest areas.
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