SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following amendment to amendment
12 (323378):
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14 Senate Amendment (with title amendment)
15 On page 1, between lines 16 and 17,
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17 insert:
18 Section 1. Subsection (3) is added to section 316.061,
19 Florida Statutes, to read:
20 316.061 Crashes involving damage to vehicle or
21 property.--
22 (3) Employees or authorized agents of the Department
23 of Transportation, law enforcement departments having proper
24 jurisdiction, and expressway authorities created pursuant to
25 chapter 348, in the exercise, management, control, and
26 maintenance of its highway system, may remove from the main
27 traveled roadways on its highway system all vehicles
28 incapacitated as a result of a motor vehicle crash and of
29 debris caused thereby when the crash results only in damage to
30 a vehicle or other property and the removal can be
31 accomplished safely and will result in the improved safety or
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 convenience of travel upon the road. The driver or any other
2 person who has removed a motor vehicle from the main traveled
3 roadway, as provided in this section, is not liable or at
4 fault regarding the cause of the accident solely by reason of
5 moving the vehicle.
6 Section 2. Paragraph (f) is added to subsection (3) of
7 section 318.18, Florida Statutes, to read:
8 318.18 Amount of civil penalties.--The penalties
9 required for a noncriminal disposition pursuant to s. 318.14
10 are as follows:
11 (3)
12 (f) A person cited for exceeding the speed limit
13 within a zone posted for any electronic or manual
14 toll-collection facility will be assessed a fine double the
15 amount listed in paragraph (b).
16 Section 3. Section 348.565, Florida Statutes, is
17 amended to read:
18 348.565 Revenue bonds for specified projects.--The
19 existing facilities that constitute the Tampa-Hillsborough
20 County Expressway System are hereby approved to be refinanced
21 by the issuance of revenue bonds by the Division of Bond
22 Finance of the State Board of Administration pursuant to s.
23 11(f), Art. VII of the State Constitution. In addition, the
24 following projects of the Tampa-Hillsborough County Expressway
25 Authority are approved to be financed or refinanced by the
26 issuance of revenue bonds pursuant to s. 11(f), Art. VII of
27 the State Constitution:
28 (1) Brandon area feeder roads;
29 (2) Capital improvements to the expressway system,
30 including safety and operational improvements and toll
31 collection equipment; and
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 (3) Lee Roy Selmon Crosstown Expressway System
2 widening; and.
3 (4) The connector highway linking the Lee Roy Selmon
4 Crosstown Expressway to Interstate 4.
5 Section 4. Section 348.545, Florida Statutes, is
6 created to read:
7 348.545 Bond financing authority for
8 improvements.--Pursuant to s. 11(f), Art. VII of the State
9 Constitution the Legislature approves bond financing for
10 improvements by the Tampa-Hillsborough County Expressway
11 Authority to toll collection facilities, interchanges to the
12 legislatively approved expressway system, and any other
13 facility appurtenant, necessary, or incidental to the approved
14 system. Subject to terms and conditions of applicable
15 revenue-bond resolutions and covenants, such financing may be
16 in whole or in part by revenue bonds currently issued, issued
17 in the future, or by a combination of such bonds.
18 Section 5. Section 373.4137, Florida Statutes, is
19 amended to read:
20 373.4137 Mitigation requirements.--
21 (1) The Legislature finds that environmental
22 mitigation for the impact of transportation projects proposed
23 by the Department of Transportation or a transportation
24 authority established pursuant to chapter 348 or chapter 349
25 can be more effectively achieved by regional, long-range
26 mitigation planning rather than on a project-by-project basis.
27 It is the intent of the Legislature that mitigation to offset
28 the adverse effects of these transportation projects be funded
29 by the Department of Transportation and be carried out by the
30 Department of Environmental Protection and the water
31 management districts, including the use of mitigation banks
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 established pursuant to this part.
2 (2) Environmental impact inventories for
3 transportation projects proposed by the Department of
4 Transportation or a transportation authority established
5 pursuant to chapter 348 or chapter 349 shall be developed as
6 follows:
7 (a) By May 1 of each year, the Department of
8 Transportation or a transportation authority established
9 pursuant to chapter 348 or chapter 349 shall submit to the
10 Department of Environmental Protection and the water
11 management districts a copy of its adopted work program and an
12 inventory of habitats addressed in the rules tentatively,
13 pursuant to this part and s. 404 of the Clean Water Act, 33
14 U.S.C. s. 1344, which may be impacted by its plan of
15 construction for transportation projects in the next 3 years
16 of the tentative work program. The Department of
17 Transportation or a transportation authority established
18 pursuant to chapter 348 or chapter 349 may also include in its
19 inventory the habitat impacts of any future transportation
20 project identified in the tentative work program.
21 (b) The environmental impact inventory shall include a
22 description of these habitat impacts, including their
23 location, acreage, and type; state water quality
24 classification of impacted wetlands and other surface waters;
25 any other state or regional designations for these habitats;
26 and a survey of threatened species, endangered species, and
27 species of special concern affected by the proposed project.
28 (3)(a) To fund the mitigation plan for the projected
29 impacts identified in the inventory described in subsection
30 (2), the Department of Transportation shall identify funds
31 quarterly in an escrow account within the State Transportation
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 Trust Fund for the environmental mitigation phase of projects
2 budgeted by the Department of Transportation for the current
3 fiscal year. The escrow account shall be maintained by the
4 Department of Transportation for the benefit of the Department
5 of Environmental Protection and the water management
6 districts. Any interest earnings from the escrow account shall
7 remain with the Department of Transportation.
8 (b) Each transportation authority established pursuant
9 to chapter 348 or chapter 349 that chooses to participate in
10 this program shall create an escrow account within its
11 financial structure and deposit funds in the account to pay
12 for the environmental mitigation phase of projects budgeted
13 for the current fiscal year. The escrow account shall be
14 maintained by the authority for the benefit of the Department
15 of Environmental Protection and the water management
16 districts. Any interest earnings from the escrow account shall
17 remain with the authority.
18 (c) The Department of Environmental Protection or
19 water management districts may request a transfer of funds
20 from an the escrow account no sooner than 30 days prior to the
21 date the funds are needed to pay for activities associated
22 with development or implementation of the approved mitigation
23 plan described in subsection (4) for the current fiscal year,
24 including, but not limited to, design, engineering,
25 production, and staff support. Actual conceptual plan
26 preparation costs incurred before plan approval may be
27 submitted to the Department of Transportation or the
28 appropriate transportation authority and the Department of
29 Environmental Protection by November 1 of each year with the
30 plan. The conceptual plan preparation costs of each water
31 management district will be paid based on the amount approved
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 on the mitigation plan and allocated to the current fiscal
2 year projects identified by the water management district. The
3 amount transferred to the escrow accounts account each year by
4 the Department of Transportation and participating
5 transportation authorities established pursuant to chapter 348
6 or chapter 349 shall correspond to a cost per acre of $75,000
7 multiplied by the projected acres of impact identified in the
8 inventory described in subsection (2). However, the $75,000
9 cost per acre does not constitute an admission against
10 interest by the state or its subdivisions nor is the cost
11 admissible as evidence of full compensation for any property
12 acquired by eminent domain or through inverse condemnation.
13 Each July 1, the cost per acre shall be adjusted by the
14 percentage change in the average of the Consumer Price Index
15 issued by the United States Department of Labor for the most
16 recent 12-month period ending September 30, compared to the
17 base year average, which is the average for the 12-month
18 period ending September 30, 1996. At the end of each year, the
19 projected acreage of impact shall be reconciled with the
20 acreage of impact of projects as permitted, including permit
21 modifications, pursuant to this part and s. 404 of the Clean
22 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
23 funds shall be adjusted accordingly to reflect the
24 overtransfer or undertransfer of funds from the preceding
25 year. The Department of Transportation and participating
26 transportation authorities established pursuant to chapter 348
27 or chapter 349 are is authorized to transfer such funds from
28 the escrow accounts account to the Department of Environmental
29 Protection and the water management districts to carry out the
30 mitigation programs.
31 (4) Prior to December 1 of each year, each water
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 management district, in consultation with the Department of
2 Environmental Protection, the United States Army Corps of
3 Engineers, the Department of Transportation, transportation
4 authorities established pursuant to chapter 348 or chapter
5 349, and other appropriate federal, state, and local
6 governments, and other interested parties, including entities
7 operating mitigation banks, shall develop a plan for the
8 primary purpose of complying with the mitigation requirements
9 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan
10 shall also address significant invasive plant problems within
11 wetlands and other surface waters. In developing such plans,
12 the districts shall utilize sound ecosystem management
13 practices to address significant water resource needs and
14 shall focus on activities of the Department of Environmental
15 Protection and the water management districts, such as surface
16 water improvement and management (SWIM) waterbodies and lands
17 identified for potential acquisition for preservation,
18 restoration, and enhancement, to the extent that such
19 activities comply with the mitigation requirements adopted
20 under this part and 33 U.S.C. s. 1344. In determining the
21 activities to be included in such plans, the districts shall
22 also consider the purchase of credits from public or private
23 mitigation banks permitted under s. 373.4136 and associated
24 federal authorization and shall include such purchase as a
25 part of the mitigation plan when such purchase would offset
26 the impact of the transportation project, provide equal
27 benefits to the water resources than other mitigation options
28 being considered, and provide the most cost-effective
29 mitigation option. The mitigation plan shall be preliminarily
30 approved by the water management district governing board and
31 shall be submitted to the secretary of the Department of
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 Environmental Protection for review and final approval. The
2 preliminary approval by the water management district
3 governing board does not constitute a decision that affects
4 substantial interests as provided by s. 120.569. At least 30
5 days prior to preliminary approval, the water management
6 district shall provide a copy of the draft mitigation plan to
7 any person who has requested a copy.
8 (a) For each transportation project with a funding
9 request for the next fiscal year, the mitigation plan must
10 include a brief explanation of why a mitigation bank was or
11 was not chosen as a mitigation option, including an estimation
12 of identifiable costs of the mitigation bank and nonbank
13 options to the extent practicable.
14 (b) Specific projects may be excluded from the
15 mitigation plan and shall not be subject to this section upon
16 the agreement of the Department of Transportation, a
17 transportation authority if applicable, the Department of
18 Environmental Protection, and the appropriate water management
19 district that the inclusion of such projects would hamper the
20 efficiency or timeliness of the mitigation planning and
21 permitting process, or the Department of Environmental
22 Protection and the water management district are unable to
23 identify mitigation that would offset the impacts of the
24 project.
25 (c) Surface water improvement and management or
26 invasive plant control projects undertaken using the $12
27 million advance transferred from the Department of
28 Transportation to the Department of Environmental Protection
29 in fiscal year 1996-1997 which meet the requirements for
30 mitigation under this part and 33 U.S.C. s. 1344 shall remain
31 available for mitigation until the $12 million is fully
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 credited up to and including fiscal year 2004-2005. When these
2 projects are used as mitigation, the $12 million advance shall
3 be reduced by $75,000 per acre of impact mitigated. For any
4 fiscal year through and including fiscal year 2004-2005, to
5 the extent the cost of developing and implementing the
6 mitigation plans is less than the amount transferred pursuant
7 to subsection (3), the difference shall be credited towards
8 the $12 million advance. Except as provided in this paragraph,
9 any funds not directed to implement the mitigation plan
10 should, to the greatest extent possible, be directed to fund
11 invasive plant control within wetlands and other surface
12 waters.
13 (5) The water management district shall be responsible
14 for ensuring that mitigation requirements pursuant to 33
15 U.S.C. s. 1344 are met for the impacts identified in the
16 inventory described in subsection (2), by implementation of
17 the approved plan described in subsection (4) to the extent
18 funding is provided by the Department of Transportation, or a
19 transportation authority established pursuant to chapter 348
20 or chapter 349, if applicable. During the federal permitting
21 process, the water management district may deviate from the
22 approved mitigation plan in order to comply with federal
23 permitting requirements.
24 (6) The mitigation plans plan shall be updated
25 annually to reflect the most current Department of
26 Transportation work program and project list of a
27 transportation authority established pursuant to chapter 348
28 or chapter 349, if applicable, and may be amended throughout
29 the year to anticipate schedule changes or additional projects
30 which may arise. Each update and amendment of the mitigation
31 plan shall be submitted to the secretary of the Department of
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 Environmental Protection for approval. However, such approval
2 shall not be applicable to a deviation as described in
3 subsection (5).
4 (7) Upon approval by the secretary of the Department
5 of Environmental Protection, the mitigation plan shall be
6 deemed to satisfy the mitigation requirements under this part
7 and any other mitigation requirements imposed by local,
8 regional, and state agencies for impacts identified in the
9 inventory described in subsection (2). The approval of the
10 secretary shall authorize the activities proposed in the
11 mitigation plan, and no other state, regional, or local permit
12 or approval shall be necessary.
13 (8) This section shall not be construed to eliminate
14 the need for the Department of Transportation or a
15 transportation authority established pursuant to chapter 348
16 or chapter 349 to comply with the requirement to implement
17 practicable design modifications, including realignment of
18 transportation projects, to reduce or eliminate the impacts of
19 its transportation projects on wetlands and other surface
20 waters as required by rules adopted pursuant to this part, or
21 to diminish the authority under this part to regulate other
22 impacts, including water quantity or water quality impacts, or
23 impacts regulated under this part that are not identified in
24 the inventory described in subsection (2).
25 (9) The process for environmental mitigation for the
26 impact of transportation projects under this section shall be
27 available to an expressway, bridge, or transportation
28 authority established under chapter 348 or chapter 349. Use of
29 this process may be initiated by an authority depositing the
30 requisite funds into an escrow account set up by the authority
31 and filing an environmental impact inventory with the
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
1 appropriate water management district. An authority that
2 initiates the environmental mitigation process established by
3 this section shall comply with subsection (6) by timely
4 providing the appropriate water management district and the
5 Department of Environmental Protection with the requisite work
6 program information. A water management district may draw down
7 funds from the escrow account as provided in this section.
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9 (Redesignate subsequent sections.)
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 67, line 2, after the semicolon
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16 insert:
17 amending s. 316.061, F.S.; authorizing certain
18 agencies to remove from the roadway, vehicles
19 damages in crashes; amending s. 318.18, F.S.;
20 increasing penalties for certain speed
21 violations; amending s. 348.565, F.S.; adding
22 the Lee Roy Selmon Crosstown Expressway
23 connector to the legislatively approved list of
24 expressway projects; creating s. 348.545, F.S.;
25 approving certain bond financing for the
26 Hillsborough County Expressway authority;
27 amending s. 373.4137, F.S.; providing for
28 certain expressway, bridge, or transportation
29 authorities to create environmental-impact
30 inventories and participate in a mitigation
31 program to offset adverse effects of their
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SENATE AMENDMENT
Bill No. CS/HB 1839, 1st Eng.
Amendment No. ___ Barcode 343772
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