House Bill hb0017B

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    Florida House of Representatives - 2001                HB 17-B

        By Representative Russell






  1                      A bill to be entitled

  2         An act relating to transportation economic

  3         stimulus; amending s. 206.46, F.S.; increasing

  4         the debt service cap with respect to the State

  5         Transportation Trust Fund; amending s. 332.007,

  6         F.S.; authorizing the Department of

  7         Transportation to provide operational and

  8         maintenance assistance to publicly owned

  9         public-use airports; specifying purposes of

10         such assistance; authorizing airports to

11         request the department to change the purpose of

12         projects in its current adopted work program;

13         providing percentage of eligible project costs

14         that may be funded by the department; providing

15         for expiration of provisions; amending s.

16         337.107, F.S.; allowing the Department of

17         Transportation to include right-of-way services

18         as part of design-build contracts; amending s.

19         337.11, F.S.; broadening the list of

20         transportation projects that may be awarded as

21         design-build contracts; specifying that

22         construction of a project under a design-build

23         contract may not begin until title to the

24         necessary rights-of-way and easements has

25         vested in the state or a local governmental

26         entity, and all railroad crossing and utility

27         agreements have been executed; providing an

28         effective date.

29

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

31

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    Florida House of Representatives - 2001                HB 17-B

    709-130-01






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

  2  Statutes, is amended to read:

  3         206.46  State Transportation Trust Fund.--

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

  5  the revenues deposited into the State Transportation Trust

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

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

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

  9  meet the requirements of the documents authorizing the bonds

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

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

12  coverage requirements of outstanding bonds.  Notwithstanding

13  the 7 percent annual transfer authorized in this subsection,

14  the annual amount transferred under this subsection shall not

15  exceed an amount necessary to provide the required debt

16  service coverage levels for a maximum debt service not to

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

18  primarily from the motor and diesel fuel taxes transferred to

19  the State Transportation Trust Fund from the Fuel Tax

20  Collection Trust Fund.

21         Section 2.  Subsection (8) is added to section 332.007,

22  Florida Statutes, to read:

23         332.007  Administration and financing of aviation and

24  airport programs and projects; state plan.--

25         (8)  Notwithstanding any other provision of law to the

26  contrary, the department is authorized to provide operational

27  and maintenance assistance to publicly owned public-use

28  airports.  Such assistance shall be provided for the purposes

29  of complying with enhanced federal security requirements or

30  addressing related economic impacts that are a consequence of

31  the events of September 11, 2001.  For projects in the current

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    Florida House of Representatives - 2001                HB 17-B

    709-130-01






  1  adopted work program of the department, airports may request

  2  that the department change the project purpose in accordance

  3  with the provisions of this subsection.  For purposes of this

  4  subsection, the department may fund up to 100 percent of

  5  eligible project costs that are not funded by the Federal

  6  Government.  The department may amend the adopted work program

  7  to implement the provisions of this subsection.  This

  8  subsection shall expire on June 30, 2003.

  9         Section 3.  Section 337.107, Florida Statutes, is

10  amended to read:

11         337.107  Contracts for right-of-way services.--The

12  department may enter into contracts pursuant to s. 287.055 for

13  right-of-way services on transportation corridors and

14  transportation facilities, or the department may include

15  right-of-way services as part of design-build contracts

16  awarded pursuant to s. 337.11.  Right-of-way services include

17  negotiation and acquisition services, appraisal services,

18  demolition and removal of improvements, and asbestos-abatement

19  services.

20         Section 4.  Paragraph (a) of subsection (7) of section

21  337.11, Florida Statutes, is amended to read:

22         337.11  Contracting authority of department; bids;

23  emergency repairs, supplemental agreements, and change orders;

24  combined design and construction contracts; progress payments;

25  records; requirements of vehicle registration.--

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

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

28  combine the design and construction phases of any a building,

29  a major bridge, or a rail corridor project into a single

30  contract, except for resurfacing or minor bridge projects.

31  Such contract is referred to as a design-build contract.

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    Florida House of Representatives - 2001                HB 17-B

    709-130-01






  1  Design-build contracts may be advertised and awarded

  2  notwithstanding the requirements of paragraph (3)(c). However,

  3  construction activities may not begin on any portion of such

  4  projects until title to the necessary rights-of-way and

  5  easements for the construction of such portion of the project

  6  has vested in the state or a local governmental entity, and

  7  all railroad crossing and utility agreements have been

  8  executed. Title to rights-of-way vests in the state when the

  9  title has been dedicated to the public or acquired by

10  prescription.

11         Section 5.  This act shall take effect upon becoming a

12  law.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      For purposes of transportation economic stimulus,
17    increases the debt service cap with respect to the State
      Transportation Trust Fund from $135 million to $200
18    million.

19
      Authorizes the Department of Transportation to provide
20    operational and maintenance assistance to publicly owned
      public-use airports for purposes of complying with
21    enhanced federal security requirements or addressing
      related economic impacts that are a consequence of the
22    events of September 11, 2001.  Authorizes airports to
      request the department to change the purpose of projects
23    in its current adopted work program.  Provides that the
      department may fund up to 100 percent of eligible project
24    costs that are not funded by the Federal Government.
      Provides for expiration of the provisions on June 30,
25    2003.

26
      Permits the Department of Transportation to include
27    right-of-way service as part of design-build contracts on
      transportation corridors and transportation facilities.
28    Broadens the list of transportation projects that may be
      awarded as design-build contracts and specifies that
29    construction of a project under a design-build contract
      may not begin until title to the necessary rights-of-way
30    and easements has vested in the state and local
      governmental entity and all railroad crossings and
31    utility agreements have been executed.

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