Senate Bill sb1532c1

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    Florida Senate - 2002                           CS for SB 1532

    By the Committee on Transportation; and Senator Sebesta





    306-1958-02

  1                      A bill to be entitled

  2         An act relating to expressway authorities;

  3         amending s. 316.061, F.S.; authorizing certain

  4         agencies to remove from the roadway, vehicles

  5         damages in crashes; amending s. 318.18, F.S.;

  6         increasing penalties for certain speed

  7         violations; amending s. 348.0003, F.S.; giving

  8         a county governing body authority to set

  9         certain qualifications and obligations for

10         members of expressway authorities within their

11         jurisdictions; amending s. 348.0008, F.S.;

12         providing additional powers relating to rights

13         of entry to expressway authorities; amending s.

14         348.0012, F.S.; providing that the Florida

15         Expressway Authority Act does not apply to an

16         expressway authority which has been created

17         pursuant to parts II-IX of ch. 348, F.S.;

18         amending s. 348.565, F.S.; adding the Lee Roy

19         Selmon Crosstown Expressway connector to the

20         legislatively approved list of expressway

21         projects; amending s. 348.754, F.S.; revising

22         the purposes and powers; amending s. 348.7543,

23         F.S.; revising provisions governing bond

24         financing; amending ss. 348.7544, 348.7545,

25         F.S.; authorizing the refinancing of the

26         Northwest Beltway Part A and the Western

27         Beltway Part C with certain bonds; amending s.

28         348.755, F.S.; revising provisions governing

29         bonds of the Orlando-Orange County Expressway

30         Authority; amending s. 348.765, F.S.;

31         specifying that bonding powers may supersede

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  1         requirements of the State Bond Act; creating s.

  2         348.545, F.S.; approving certain bond financing

  3         for the Hillsborough County Expressway

  4         authority; amending s. 373.4137, F.S.;

  5         providing for certain expressway, bridge, or

  6         transportation authorities to create

  7         environmental-impact inventories and

  8         participate in a mitigation program to offset

  9         adverse effects of their transportation

10         projects; providing an effective date.

11

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

13

14         Section 1.  Subsection (3) is added to section 316.061,

15  Florida Statutes, to read:

16         316.061  Crashes involving damage to vehicle or

17  property.--

18         (3)  Employees or authorized agents of the Department

19  of Transportation, law enforcement departments having proper

20  jurisdiction, and expressway authorities created pursuant to

21  chapter 348, in the exercise, management, control, and

22  maintenance of its highway system, may remove from the main

23  traveled roadways on its highway system all vehicles

24  incapacitated as a result of a motor vehicle crash and of

25  debris caused thereby when the crash results only in damage to

26  a vehicle or other property and the removal can be

27  accomplished safely and will result in the improved safety or

28  convenience of travel upon the road. The driver or any other

29  person who has removed a motor vehicle from the main traveled

30  roadway, as provided in this section, is not liable or at

31

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  1  fault regarding the cause of the accident solely by reason of

  2  moving the vehicle.

  3         Section 2.  Paragraph (f) is added to subsection (3) of

  4  section 318.18, Florida Statutes, to read:

  5         318.18  Amount of civil penalties.--The penalties

  6  required for a noncriminal disposition pursuant to s. 318.14

  7  are as follows:

  8         (3)

  9         (f)  A person cited for exceeding the speed limit

10  within a zone posted for any electronic or manual

11  toll-collection facility will be assessed a fine double the

12  amount listed in paragraph (b).

13         Section 3.  Paragraph (d) of subsection (2) of section

14  348.0003, Florida Statutes, is amended to read:

15         348.0003  Expressway authority; formation;

16  membership.--

17         (2)  The governing body of an authority shall consist

18  of not fewer than five nor more than nine voting members. The

19  district secretary of the affected department district shall

20  serve as a nonvoting member of the governing body of each

21  authority located within the district.  Each member of the

22  governing body must at all times during his or her term of

23  office be a permanent resident of the county which he or she

24  is appointed to represent.

25         (d)  Notwithstanding any provision to the contrary in

26  this subsection, in any county as defined in s. 125.011(1),

27  the governing body of an authority shall consist of up to 13

28  members, and the following provisions of this paragraph shall

29  apply specifically to such authority. Except for the district

30  secretary of the department, the members must be residents of

31  the county. Seven voting members shall be appointed by the

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  1  governing body of the county. At the discretion of the

  2  governing body of the county, up to two of the members

  3  appointed by the governing body of the county may be elected

  4  officials residing in the county. Five voting members of the

  5  authority shall be appointed by the Governor. One member shall

  6  be the district secretary of the department serving in the

  7  district that contains such county.  This member shall be an

  8  ex officio voting member of the authority. If the governing

  9  board of an authority includes any member originally appointed

10  by the governing body of the county as a nonvoting member,

11  when the term of such member expires, that member shall be

12  replaced by a member appointed by the Governor until the

13  governing body of the authority is composed of seven members

14  appointed by the governing body of the county and five members

15  appointed by the Governor. The qualifications, the terms of

16  office, and the obligations and rights of members of the

17  authority shall be determined by resolution or ordinance of

18  the governing body of the county in a manner that is

19  consistent with subsections (3) and (4).

20         Section 4.  Section 348.0008, Florida Statutes, is

21  amended to read:

22         348.0008  Acquisition of lands and property.--

23         (1)  For the purposes of the Florida Expressway

24  Authority Act, an expressway authority may acquire such

25  rights, title, or interest in private or public property and

26  such property rights, including easements rights of access,

27  air, view, and light, by gift, devise, purchase, or

28  condemnation by eminent domain proceedings, as the authority

29  considers may deem necessary for any of the purposes of the

30  Florida Expressway Authority Act, including, but not limited

31  to, any lands reasonably necessary for securing applicable

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  1  permits, areas necessary for management of access, borrow

  2  pits, drainage ditches, water retention areas, rest areas,

  3  replacement access for landowners whose access is impaired due

  4  to the construction of an expressway system, and replacement

  5  rights-of-way for relocated rail and utility facilities; for

  6  existing, proposed, or anticipated transportation facilities

  7  on the expressway system or in a transportation corridor

  8  designated by the authority; or for the purposes of screening,

  9  relocation, removal, or disposal of junkyards and scrap metal

10  processing facilities.  The authority may also condemn any

11  material and property necessary for such purposes.

12         (2)  An authority and its authorized agents,

13  contractors, and employees may enter upon any lands, waters,

14  and premises, upon giving reasonable notice to the landowner,

15  for the purpose of making surveys, soundings, drillings,

16  appraisals, environmental assessments, including phase I and

17  phase II environmental surveys, archaeological assessments,

18  and such other examinations as are necessary for the

19  acquisition of private or public property and property rights,

20  including rights of access, air, view, and light, by gift,

21  devise, purchase, or condemnation by eminent domain

22  proceedings, or as are necessary for the authority to perform

23  its duties and functions; and any such entry does not

24  constitute a trespass or an entry that would constitute a

25  taking in an eminent domain proceeding. An expressway

26  authority shall make reimbursement for any actual damage to

27  such lands, water, and premises as a result of such

28  activities.

29         (3)(2)  The right of eminent domain conferred by the

30  Florida Expressway Authority Act must be exercised by each

31  authority in the manner provided by law.

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  1         (4)(3)  When an authority acquires property for an

  2  expressway system or in a transportation corridor as defined

  3  in s. 334.03, it is not subject to any liability imposed by

  4  chapter 376 or chapter 403 for preexisting soil or groundwater

  5  contamination due solely to its ownership. This subsection

  6  does not affect the rights or liabilities of any past or

  7  future owners of the acquired property nor does it affect the

  8  liability of any governmental entity for the results of its

  9  actions which create or exacerbate a pollution source. An

10  authority and the Department of Environmental Protection may

11  enter into interagency agreements for the performance,

12  funding, and reimbursement of the investigative and remedial

13  acts necessary for property acquired by the authority.

14         Section 5.  Section 348.0012, Florida Statutes, is

15  amended to read:

16         348.0012  Exemptions from applicability.--The Florida

17  Expressway Authority Act does not apply:

18         (1)  To In a county in which an expressway authority

19  that has been created pursuant to parts II-IX of this chapter;

20  or

21         (2)  To a transportation authority created pursuant to

22  chapter 349.

23         Section 6.  Section 348.565, Florida Statutes, is

24  amended to read:

25         348.565  Revenue bonds for specified projects.--The

26  existing facilities that constitute the Tampa-Hillsborough

27  County Expressway System are hereby approved to be refinanced

28  by the issuance of revenue bonds by the Division of Bond

29  Finance of the State Board of Administration pursuant to s.

30  11(f), Art. VII of the State Constitution. In addition, the

31  following projects of the Tampa-Hillsborough County Expressway

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  1  Authority are approved to be financed or refinanced by the

  2  issuance of revenue bonds pursuant to s. 11(f), Art. VII of

  3  the State Constitution:

  4         (1)  Brandon area feeder roads;

  5         (2)  Capital improvements to the expressway system,

  6  including safety and operational improvements and toll

  7  collection equipment; and

  8         (3)  Lee Roy Selmon Crosstown Expressway System

  9  widening; and.

10         (4)  The connector highway linking the Lee Roy Selmon

11  Crosstown Expressway to Interstate 4.

12         Section 7.  Paragraph (b) of subsection (1) of section

13  348.754, Florida Statutes, is amended and paragraph (o) is

14  added to subsection (2) of that section, to read:

15         348.754  Purposes and powers.--

16         (1)

17         (b)  It is the express intention of this part that the

18  said authority, in the construction of the said Orlando-Orange

19  County Expressway System, shall be authorized to acquire,

20  finance, construct, and equip any extensions, additions, or

21  improvements to the said system or appurtenant facilities,

22  including all necessary approaches, roads, bridges, and

23  avenues of access as the authority considers desirable and

24  proper, together, with such changes, modifications, or

25  revisions to the system of said project as the authority

26  considers shall be deemed desirable and proper.

27         (2)  The authority is hereby granted, and shall have

28  and may exercise all powers necessary, appurtenant, convenient

29  or incidental to the carrying out of the aforesaid purposes,

30  including, but without being limited to, the following rights

31  and powers:

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  1         (o)  To enter into agreements facilitating and

  2  implementing the use of electronic toll enforcement and

  3  collection activities and the use of intelligent

  4  transportation systems.

  5         Section 8.  Section 348.7543, Florida Statutes, is

  6  amended to read:

  7         348.7543  Improvements, bond financing authority

  8  for.--Pursuant to s. 11(f), Art. VII of the State

  9  Constitution, the Legislature hereby approves for bond

10  financing by the Orlando-Orange County Expressway Authority

11  the cost of acquiring, constructing, equipping, improving, or

12  refurbishing any current or future extensions, additions, and

13  improvements to an expressway system, including improvements

14  to toll collection facilities and, interchanges to the

15  legislatively approved expressway system, and any other

16  facility appurtenant, necessary, or incidental to the approved

17  system, including all necessary approaches, roads, bridges,

18  and avenues of access, all as shall be deemed desirable and

19  proper by the authority pursuant to s. 348.754(1)(b).  Subject

20  to terms and conditions of applicable revenue bond resolutions

21  and covenants, such costs financing may be financed in whole

22  or in part by revenue bonds issued pursuant to s.

23  348.755(1)(a) or (b) whether currently issued, issued in the

24  future, or by a combination of such bonds.

25         Section 9.  Section 348.7544, Florida Statutes, is

26  amended to read:

27         348.7544  Northwest Beltway Part A, construction

28  authorized; financing.--Notwithstanding s. 338.2275, the

29  Orlando-Orange County Expressway Authority is hereby

30  authorized to construct, finance, operate, own, and maintain

31  that portion of the Western Beltway known as the Northwest

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  1  Beltway Part A, extending from Florida's Turnpike near Ocoee

  2  north to U.S. 441 near Apopka, as part of the authority's

  3  20-year capital projects plan. This project may be financed

  4  with any funds available to the authority for such purpose or

  5  revenue bonds issued by the Division of Bond Finance of the

  6  State Board of Administration on behalf of the authority

  7  pursuant to s. 11, Art. VII of the State Constitution and the

  8  State Bond Act, ss. 215.57-215.83. This project may be

  9  refinanced with bonds issued by the authority pursuant to s.

10  348.755(1)(d).

11         Section 10.  Section 348.7545, Florida Statutes, is

12  amended to read:

13         348.7545  Western Beltway Part C, construction

14  authorized; financing.--Notwithstanding s. 338.2275, the

15  Orlando-Orange County Expressway Authority is authorized to

16  exercise its condemnation powers, construct, finance, operate,

17  own, and maintain that portion of the Western Beltway known as

18  the Western Beltway Part C, extending from Florida's Turnpike

19  near Ocoee in Orange County southerly through Orange and

20  Osceola Counties to an interchange with I-4 near the

21  Osceola-Polk County line, as part of the authority's 20-year

22  capital projects plan. This project may be financed with any

23  funds available to the authority for such purpose or revenue

24  bonds issued by the Division of Bond Finance of the State

25  Board of Administration on behalf of the authority pursuant to

26  s. 11, Art. VII of the State Constitution and the State Bond

27  Act, ss. 215.57-215.83. This project may be financed or

28  refinanced with bonds issued by the authority pursuant to s.

29  348.755(1)(d).

30         Section 11.  Subsection (1) of section 348.755, Florida

31  Statutes, is amended to read:

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  1         348.755  Bonds of the authority.--

  2         (1)(a)  Bonds may be issued on behalf of the authority

  3  pursuant to the State Bond Act.

  4         (b)  Alternatively, the authority may issue its own

  5  bonds pursuant to this part at such times and in such

  6  principal amount as, in the opinion of the authority, is

  7  necessary to provide sufficient moneys for achieving its

  8  purposes; however, such bonds may not pledge the full faith

  9  and credit of the state. Bonds issued by the authority

10  pursuant to paragraph (a) or this paragraph The bonds of the

11  authority issued pursuant to the provisions of this part,

12  whether on original issuance or on refunding, shall be

13  authorized by resolution of the members thereof and may be

14  either term or serial bonds, shall bear such date or dates,

15  mature at such time or times, not exceeding 40 years from

16  their respective dates, bear interest at such rate or rates,

17  payable semiannually, be in such denominations, be in such

18  form, either coupon or fully registered, shall carry such

19  registration, exchangeability and interchangeability

20  privileges, be payable in such medium of payment and at such

21  place or places, be subject to such terms of redemption and be

22  entitled to such priorities on the revenues, rates, fees,

23  rentals or other charges or receipts of the authority

24  including the Orange County gasoline tax funds received by the

25  authority pursuant to the terms of any lease-purchase

26  agreement between the authority and the department, as such

27  resolution or any resolution subsequent thereto may provide.

28  The bonds shall be executed either by manual or facsimile

29  signature by such officers as the authority shall determine,

30  provided that such bonds shall bear at least one signature

31  which is manually executed thereon, and the coupons attached

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  1  to such bonds shall bear the facsimile signature or signatures

  2  of such officer or officers as shall be designated by the

  3  authority and shall have the seal of the authority affixed,

  4  imprinted, reproduced or lithographed thereon, all as may be

  5  prescribed in such resolution or resolutions.

  6         (c)(b)  Said Bonds issued pursuant to paragraphs (a)

  7  and (b) shall be sold at public sale in the same manner

  8  provided by the State Bond Act.  However, if the authority

  9  shall, by official action at a public meeting, determine that

10  a negotiated sale of such the bonds is in the best interest of

11  the authority, the authority may negotiate the for sale of

12  such the bonds with the underwriter or underwriters designated

13  by the authority and Division of Bond Finance of the State

14  Board of Administration, with respect to bonds issued pursuant

15  to paragraph (a) or solely by the authority with respect to

16  bonds issued pursuant to paragraph (b). The authority's

17  determination to negotiate the sale of such bonds may be

18  based, in part, upon the written advice of the authority's

19  financial advisor. Pending the preparation of definitive

20  bonds, interim certificates may be issued to the purchaser or

21  purchasers of such bonds and may contain such terms and

22  conditions as the authority may determine.

23         (d)  The authority may issue bonds pursuant to

24  paragraph (b) to refund any bonds previously issued regardless

25  of whether the bonds being refunded were issued by the

26  authority pursuant to this chapter or on behalf of the

27  authority pursuant to the State Bond Act.

28         Section 12.  Section 348.765, Florida Statutes is

29  amended to read:

30         348.765  This part complete and additional authority.--

31

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  1         (1)  The powers conferred by this part shall be in

  2  addition and supplemental to the existing powers of said board

  3  and the department, and this part shall not be construed as

  4  repealing any of the provisions, of any other law, general,

  5  special or local, but to supersede such other laws in the

  6  exercise of the powers provided in this part, and to provide a

  7  complete method for the exercise of the powers granted in this

  8  part.  The extension and improvement of said Orlando-Orange

  9  County Expressway System, and the issuance of bonds hereunder

10  to finance all or part of the cost thereof, may be

11  accomplished upon compliance with the provisions of this part

12  without regard to or necessity for compliance with the

13  provisions, limitations, or restrictions contained in any

14  other general, special or local law, including, but not

15  limited to, s. 215.821, and no approval of any bonds issued

16  under this part by the qualified electors or qualified

17  electors who are freeholders in the state or in said County of

18  Orange, or in said City of Orlando, or in any other political

19  subdivision of the state, shall be required for the issuance

20  of such bonds pursuant to this part.

21         (2)  This part shall not be deemed to repeal, rescind,

22  or modify any other law or laws relating to the said State

23  Board of Administration, the said Department of

24  Transportation, or the Division of Bond Finance of the State

25  Board of Administration, but shall be deemed to and shall

26  supersede such other law or laws as are inconsistent with the

27  provisions of this part, including, but not limited to, s.

28  215.821.

29         Section 13.  Section 348.545, Florida Statutes, is

30  created to read:

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  1         348.545  Bond financing authority for

  2  improvements.--Pursuant to s. 11(f), Art. VII of the State

  3  Constitution the Legislature approves bond financing for

  4  improvements by the Tampa-Hillsborough County Expressway

  5  Authority to toll collection facilities, interchanges to the

  6  legislatively approved expressway system, and any other

  7  facility appurtenant, necessary, or incidental to the approved

  8  system. Subject to terms and conditions of applicable

  9  revenue-bond resolutions and covenants, such financing may be

10  in whole or in part by revenue bonds currently issued, issued

11  in the future, or by a combination of such bonds.

12         Section 14.  Section 373.4137, Florida Statutes, is

13  amended to read:

14         373.4137  Mitigation requirements.--

15         (1)  The Legislature finds that environmental

16  mitigation for the impact of transportation projects proposed

17  by the Department of Transportation or a transportation

18  authority established pursuant to chapter 348 or chapter 349

19  can be more effectively achieved by regional, long-range

20  mitigation planning rather than on a project-by-project basis.

21  It is the intent of the Legislature that mitigation to offset

22  the adverse effects of these transportation projects be funded

23  by the Department of Transportation and be carried out by the

24  Department of Environmental Protection and the water

25  management districts, including the use of mitigation banks

26  established pursuant to this part.

27         (2)  Environmental impact inventories for

28  transportation projects proposed by the Department of

29  Transportation or a transportation authority established

30  pursuant to chapter 348 or chapter 349 shall be developed as

31  follows:

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  1         (a)  By May 1 of each year, the Department of

  2  Transportation or a transportation authority established

  3  pursuant to chapter 348 or chapter 349 shall submit to the

  4  Department of Environmental Protection and the water

  5  management districts a copy of its adopted work program and an

  6  inventory of habitats addressed in the rules tentatively,

  7  pursuant to this part and s. 404 of the Clean Water Act, 33

  8  U.S.C. s. 1344, which may be impacted by its plan of

  9  construction for transportation projects in the next 3 years

10  of the tentative work program. The Department of

11  Transportation or a transportation authority established

12  pursuant to chapter 348 or chapter 349 may also include in its

13  inventory the habitat impacts of any future transportation

14  project identified in the tentative work program.

15         (b)  The environmental impact inventory shall include a

16  description of these habitat impacts, including their

17  location, acreage, and type; state water quality

18  classification of impacted wetlands and other surface waters;

19  any other state or regional designations for these habitats;

20  and a survey of threatened species, endangered species, and

21  species of special concern affected by the proposed project.

22         (3)(a)  To fund the mitigation plan for the projected

23  impacts identified in the inventory described in subsection

24  (2), the Department of Transportation shall identify funds

25  quarterly in an escrow account within the State Transportation

26  Trust Fund for the environmental mitigation phase of projects

27  budgeted by the Department of Transportation for the current

28  fiscal year. The escrow account shall be maintained by the

29  Department of Transportation for the benefit of the Department

30  of Environmental Protection and the water management

31

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  1  districts. Any interest earnings from the escrow account shall

  2  remain with the Department of Transportation.

  3         (b)  Each transportation authority established pursuant

  4  to chapter 348 or chapter 349 that chooses to participate in

  5  this program shall create an escrow account within its

  6  financial structure and deposit funds in the account to pay

  7  for the environmental mitigation phase of projects budgeted

  8  for the current fiscal year. The escrow account shall be

  9  maintained by the authority for the benefit of the Department

10  of Environmental Protection and the water management

11  districts. Any interest earnings from the escrow account shall

12  remain with the authority.

13         (c)  The Department of Environmental Protection or

14  water management districts may request a transfer of funds

15  from an the escrow account no sooner than 30 days prior to the

16  date the funds are needed to pay for activities associated

17  with development or implementation of the approved mitigation

18  plan described in subsection (4) for the current fiscal year,

19  including, but not limited to, design, engineering,

20  production, and staff support. Actual conceptual plan

21  preparation costs incurred before plan approval may be

22  submitted to the Department of Transportation or the

23  appropriate transportation authority and the Department of

24  Environmental Protection by November 1 of each year with the

25  plan. The conceptual plan preparation costs of each water

26  management district will be paid based on the amount approved

27  on the mitigation plan and allocated to the current fiscal

28  year projects identified by the water management district. The

29  amount transferred to the escrow accounts account each year by

30  the Department of Transportation and participating

31  transportation authorities established pursuant to chapter 348

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  1  or chapter 349 shall correspond to a cost per acre of $75,000

  2  multiplied by the projected acres of impact identified in the

  3  inventory described in subsection (2). However, the $75,000

  4  cost per acre does not constitute an admission against

  5  interest by the state or its subdivisions nor is the cost

  6  admissible as evidence of full compensation for any property

  7  acquired by eminent domain or through inverse condemnation.

  8  Each July 1, the cost per acre shall be adjusted by the

  9  percentage change in the average of the Consumer Price Index

10  issued by the United States Department of Labor for the most

11  recent 12-month period ending September 30, compared to the

12  base year average, which is the average for the 12-month

13  period ending September 30, 1996. At the end of each year, the

14  projected acreage of impact shall be reconciled with the

15  acreage of impact of projects as permitted, including permit

16  modifications, pursuant to this part and s. 404 of the Clean

17  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of

18  funds shall be adjusted accordingly to reflect the

19  overtransfer or undertransfer of funds from the preceding

20  year. The Department of Transportation and participating

21  transportation authorities established pursuant to chapter 348

22  or chapter 349 are is authorized to transfer such funds from

23  the escrow accounts account to the Department of Environmental

24  Protection and the water management districts to carry out the

25  mitigation programs.

26         (4)  Prior to December 1 of each year, each water

27  management district, in consultation with the Department of

28  Environmental Protection, the United States Army Corps of

29  Engineers, the Department of Transportation, transportation

30  authorities established pursuant to chapter 348 or chapter

31  349, and other appropriate federal, state, and local

                                  16

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    Florida Senate - 2002                           CS for SB 1532
    306-1958-02




  1  governments, and other interested parties, including entities

  2  operating mitigation banks, shall develop a plan for the

  3  primary purpose of complying with the mitigation requirements

  4  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan

  5  shall also address significant invasive plant problems within

  6  wetlands and other surface waters. In developing such plans,

  7  the districts shall utilize sound ecosystem management

  8  practices to address significant water resource needs and

  9  shall focus on activities of the Department of Environmental

10  Protection and the water management districts, such as surface

11  water improvement and management (SWIM) waterbodies and lands

12  identified for potential acquisition for preservation,

13  restoration, and enhancement, to the extent that such

14  activities comply with the mitigation requirements adopted

15  under this part and 33 U.S.C. s. 1344. In determining the

16  activities to be included in such plans, the districts shall

17  also consider the purchase of credits from public or private

18  mitigation banks permitted under s. 373.4136 and associated

19  federal authorization and shall include such purchase as a

20  part of the mitigation plan when such purchase would offset

21  the impact of the transportation project, provide equal

22  benefits to the water resources than other mitigation options

23  being considered, and provide the most cost-effective

24  mitigation option. The mitigation plan shall be preliminarily

25  approved by the water management district governing board and

26  shall be submitted to the secretary of the Department of

27  Environmental Protection for review and final approval. The

28  preliminary approval by the water management district

29  governing board does not constitute a decision that affects

30  substantial interests as provided by s. 120.569. At least 30

31  days prior to preliminary approval, the water management

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    Florida Senate - 2002                           CS for SB 1532
    306-1958-02




  1  district shall provide a copy of the draft mitigation plan to

  2  any person who has requested a copy.

  3         (a)  For each transportation project with a funding

  4  request for the next fiscal year, the mitigation plan must

  5  include a brief explanation of why a mitigation bank was or

  6  was not chosen as a mitigation option, including an estimation

  7  of identifiable costs of the mitigation bank and nonbank

  8  options to the extent practicable.

  9         (b)  Specific projects may be excluded from the

10  mitigation plan and shall not be subject to this section upon

11  the agreement of the Department of Transportation, a

12  transportation authority if applicable, the Department of

13  Environmental Protection, and the appropriate water management

14  district that the inclusion of such projects would hamper the

15  efficiency or timeliness of the mitigation planning and

16  permitting process, or the Department of Environmental

17  Protection and the water management district are unable to

18  identify mitigation that would offset the impacts of the

19  project.

20         (c)  Surface water improvement and management or

21  invasive plant control projects undertaken using the $12

22  million advance transferred from the Department of

23  Transportation to the Department of Environmental Protection

24  in fiscal year 1996-1997 which meet the requirements for

25  mitigation under this part and 33 U.S.C. s. 1344 shall remain

26  available for mitigation until the $12 million is fully

27  credited up to and including fiscal year 2004-2005. When these

28  projects are used as mitigation, the $12 million advance shall

29  be reduced by $75,000 per acre of impact mitigated. For any

30  fiscal year through and including fiscal year 2004-2005, to

31  the extent the cost of developing and implementing the

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    Florida Senate - 2002                           CS for SB 1532
    306-1958-02




  1  mitigation plans is less than the amount transferred pursuant

  2  to subsection (3), the difference shall be credited towards

  3  the $12 million advance. Except as provided in this paragraph,

  4  any funds not directed to implement the mitigation plan

  5  should, to the greatest extent possible, be directed to fund

  6  invasive plant control within wetlands and other surface

  7  waters.

  8         (5)  The water management district shall be responsible

  9  for ensuring that mitigation requirements pursuant to 33

10  U.S.C. s. 1344 are met for the impacts identified in the

11  inventory described in subsection (2), by implementation of

12  the approved plan described in subsection (4) to the extent

13  funding is provided by the Department of Transportation, or a

14  transportation authority established pursuant to chapter 348

15  or chapter 349, if applicable. During the federal permitting

16  process, the water management district may deviate from the

17  approved mitigation plan in order to comply with federal

18  permitting requirements.

19         (6)  The mitigation plans plan shall be updated

20  annually to reflect the most current Department of

21  Transportation work program and project list of a

22  transportation authority established pursuant to chapter 348

23  or chapter 349, if applicable, and may be amended throughout

24  the year to anticipate schedule changes or additional projects

25  which may arise. Each update and amendment of the mitigation

26  plan shall be submitted to the secretary of the Department of

27  Environmental Protection for approval. However, such approval

28  shall not be applicable to a deviation as described in

29  subsection (5).

30         (7)  Upon approval by the secretary of the Department

31  of Environmental Protection, the mitigation plan shall be

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    Florida Senate - 2002                           CS for SB 1532
    306-1958-02




  1  deemed to satisfy the mitigation requirements under this part

  2  and any other mitigation requirements imposed by local,

  3  regional, and state agencies for impacts identified in the

  4  inventory described in subsection (2). The approval of the

  5  secretary shall authorize the activities proposed in the

  6  mitigation plan, and no other state, regional, or local permit

  7  or approval shall be necessary.

  8         (8)  This section shall not be construed to eliminate

  9  the need for the Department of Transportation or a

10  transportation authority established pursuant to chapter 348

11  or chapter 349 to comply with the requirement to implement

12  practicable design modifications, including realignment of

13  transportation projects, to reduce or eliminate the impacts of

14  its transportation projects on wetlands and other surface

15  waters as required by rules adopted pursuant to this part, or

16  to diminish the authority under this part to regulate other

17  impacts, including water quantity or water quality impacts, or

18  impacts regulated under this part that are not identified in

19  the inventory described in subsection (2).

20         (9)  The process for environmental mitigation for the

21  impact of transportation projects under this section shall be

22  available to an expressway, bridge, or transportation

23  authority established under chapter 348 or chapter 349. Use of

24  this process may be initiated by an authority depositing the

25  requisite funds into an escrow account set up by the authority

26  and filing an environmental impact inventory with the

27  appropriate water management district. An authority that

28  initiates the environmental mitigation process established by

29  this section shall comply with subsection (6) by timely

30  providing the appropriate water management district and the

31  Department of Environmental Protection with the requisite work

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    Florida Senate - 2002                           CS for SB 1532
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  1  program information. A water management district may draw down

  2  funds from the escrow account as provided in this section.

  3         Section 15.  This act shall take effect July 1, 2002.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                             SB 1532

  7

  8  The CS authorizes numerous provisions concerning expressway
    authorities.
  9
    This Committee Substitute:
10
    Provides employees or agents of the Florida Department of
11  Transportation (FDOT) and expressway authorities, and law
    enforcement personnel may remove an incapacitated vehicle from
12  the road;

13  Doubles the fine for speeding through a toll-collection
    facility;
14
    Gives Miami-Dade County the authority to establish
15  qualifications, terms of office, and the obligations and
    rights of appointees to the Miami-Dade Expressway Authority;
16
    Authorizes access to property by expressway authority
17  employees or authorized agents to make necessary examinations
    for the acquisition of property;
18
    Authorizes the Orlando Orange County Expressway Authority to
19  issue bonds;

20  Authorizes the Tampa-Hillsborough County Expressway Authority
    to issue bonds and refinance certain projects; and,
21
    Authorizes expressway authorities to utilize the process
22  developed for FDOT to pay mitigation funds into escrow
    accounts.
23

24

25

26

27

28

29

30

31

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