House Bill hb0261
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Florida House of Representatives - 2002 HB 261
By Representative Russell
1 A bill to be entitled
2 An act relating to the Department of
3 Transportation; amending s. 20.23, F.S.;
4 revising language with respect to the
5 organization of the department; changing the
6 turnpike district into a turnpike enterprise;
7 exempting the turnpike enterprise from
8 department policies, procedures, and standards,
9 subject to the Secretary of Transportation's
10 decision to apply such requirements; giving the
11 secretary authority to promulgate rules that
12 will assist the turnpike enterprise in using
13 best business practices; amending s. 206.46,
14 F.S.; increasing the debt service cap with
15 respect to the State Transportation Trust Fund;
16 amending s. 316.302, F.S.; revising a date
17 concerning commercial motor vehicles to conform
18 to federal regulations; amending s. 316.3025,
19 F.S.; updating a cross reference to federal
20 trucking regulations; amending s. 316.515,
21 F.S.; deleting a requirement for a department
22 permit with respect to the height of automobile
23 transporters; amending s. 316.535, F.S.; adding
24 weight requirements for certain commercial
25 trucks; amending s. 316.545, F.S.; correcting a
26 cross reference; providing for the discretion
27 of the department to detain commercial vehicles
28 until certain penalties are paid; amending s.
29 334.193, F.S.; providing for employee bidding
30 by department employees; amending s. 337.11,
31 F.S.; raising the cap on certain contracts into
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1 which the department can enter without first
2 obtaining bids; adding enhancement projects to
3 the types of projects that can be combined into
4 a design-build contract; specifying that
5 construction on design-build projects may not
6 begin until certain conditions have been met;
7 amending s. 337.025, F.S.; eliminating cap on
8 innovative highway projects for the turnpike
9 enterprise; amending s. 337.11, F.S.; providing
10 an exemption for a turnpike enterprise project;
11 amending s. 338.22, F.S.; redesignating the
12 Florida Turnpike Law as the Florida Turnpike
13 Enterprise Law; amending s. 338.221, F.S.;
14 redefining the term "economically feasible" as
15 used with respect to turnpike projects;
16 creating s. 338.2215, F.S.; providing
17 legislative findings, policy, purpose, and
18 intent for the Florida Turnpike Enterprise;
19 creating s. 338.2216, F.S.; prescribing the
20 power and authority of the turnpike enterprise;
21 amending s. 338.223, F.S.; increasing the
22 maximum loan amount for the turnpike
23 enterprise; amending ss. 338.165 and 338.227,
24 F.S.; conforming provisions; amending s.
25 338.2275, F.S.; authorizing the turnpike
26 enterprise to advertise for bids for contracts
27 prior to obtaining environmental permits;
28 amending s. 338.234, F.S.; authorizing the
29 turnpike enterprise to expand business
30 opportunities; amending s. 338.235, F.S.;
31 authorizing the consideration of goods instead
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1 of fees; amending s. 338.239, F.S.; providing
2 that approved expenditure to the Florida
3 Highway Patrol be paid by the turnpike
4 enterprise; amending s. 338.241, F.S.; lowering
5 the required cash reserve for the turnpike
6 enterprise; amending s. 338.251, F.S.;
7 conforming provisions; amending s. 339.135,
8 F.S.; including reference to turnpike
9 enterprise with respect to the tentative work
10 program; revising language with respect to the
11 tentative work program; amending s. 553.80,
12 F.S.; providing for self-regulation of certain
13 construction; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 20.23, Florida
18 Statutes, is amended to read:
19 20.23 Department of Transportation.--There is created
20 a Department of Transportation which shall be a decentralized
21 agency.
22 (4)(a) The operations of the department shall be
23 organized into seven eight districts, including a turnpike
24 district, each headed by a district secretary and a turnpike
25 enterprise, headed by an executive director. The district
26 secretaries shall report to the Assistant Secretary for
27 District Operations. The headquarters of the districts shall
28 be located in Polk, Columbia, Washington, Broward, Volusia,
29 Dade, and Hillsborough, and Leon Counties. The headquarters of
30 the turnpike enterprise shall be located in Orange County. The
31 turnpike district must be relocated to Orange County in the
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1 year 2000. In order to provide for efficient operations and to
2 expedite the decisionmaking process, the department shall
3 provide for maximum decentralization to the districts.
4 However, before making a decision to centralize or
5 decentralize department operations or relocate the turnpike
6 district, the department must first determine if the decision
7 would be cost-effective and in the public's best interest. The
8 department shall periodically evaluate such decisions to
9 ensure that they are appropriate.
10 (b) The primary responsibility for the implementation
11 of the department's transportation programs shall be delegated
12 by the secretary to the district secretaries, and sufficient
13 authority shall be vested in each district to ensure adequate
14 control of the resources commensurate with the delegated
15 responsibility. Each district secretary shall also be
16 accountable for ensuring their district's quality of
17 performance and compliance with all laws, rules, policies, and
18 procedures related to the operation of the department.
19 (c) Each district secretary may appoint a district
20 director for planning and programming, a district director for
21 production, and a district director for operations. These
22 positions are exempt from part II of chapter 110.
23 (d) Within each district, offices shall be established
24 for managing major functional responsibilities of the
25 department. The offices may include planning, design,
26 construction, right-of-way, maintenance, and public
27 transportation. The heads of these offices shall be exempt
28 from part II of chapter 110.
29 (e) The district director for the Fort Myers Urban
30 Office of the Department of Transportation is responsible for
31 developing the 5-year Transportation Plan for Charlotte,
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1 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
2 Myers Urban Office also is responsible for providing policy,
3 direction, local government coordination, and planning for
4 those counties.
5 (f)1. The responsibility for the turnpike system shall
6 be delegated by the secretary to the executive director of the
7 turnpike enterprise, who shall serve at the pleasure of the
8 secretary. The executive director shall report directly to the
9 secretary, and the turnpike enterprise shall operate pursuant
10 to ss. 338.22-338.241.
11 2. To facilitate the most efficient and effective
12 management of the turnpike enterprise, including the use of
13 best business practices employed by the private sector, the
14 turnpike enterprise shall be exempt from departmental
15 policies, procedures, and standards, subject to the secretary
16 having the authority to apply any such policies, procedures,
17 and standards to the turnpike enterprise from time to time as
18 deemed appropriate.
19 3. To enhance the ability of the turnpike enterprise
20 to use best business practices employed by the private sector,
21 the secretary shall promulgate rules which exempt the turnpike
22 enterprise from department rules and authorize the turnpike
23 enterprise to employ procurement methods available to the
24 private sector.
25 Section 2. Subsection (2) of section 206.46, Florida
26 Statutes, is amended to read:
27 206.46 State Transportation Trust Fund.--
28 (2) Notwithstanding any other provisions of law, from
29 the revenues deposited into the State Transportation Trust
30 Fund a maximum of 7 percent in each fiscal year shall be
31 transferred into the Right-of-Way Acquisition and Bridge
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1 Construction Trust Fund created in s. 215.605, as needed to
2 meet the requirements of the documents authorizing the bonds
3 issued or proposed to be issued under ss. 215.605 and 337.276
4 or at a minimum amount sufficient to pay for the debt service
5 coverage requirements of outstanding bonds. Notwithstanding
6 the 7 percent annual transfer authorized in this subsection,
7 the annual amount transferred under this subsection shall not
8 exceed an amount necessary to provide the required debt
9 service coverage levels for a maximum debt service not to
10 exceed $200 $135 million. Such transfer shall be payable
11 primarily from the motor and diesel fuel taxes transferred to
12 the State Transportation Trust Fund from the Fuel Tax
13 Collection Trust Fund.
14 Section 3. Paragraph (b) of subsection (1) of section
15 316.302, Florida Statutes, is amended to read:
16 316.302 Commercial motor vehicles; safety regulations;
17 transporters and shippers of hazardous materials;
18 enforcement.--
19 (1)
20 (b) Except as otherwise provided in this section, all
21 owners or drivers of commercial motor vehicles that are
22 engaged in intrastate commerce are subject to the rules and
23 regulations contained in 49 C.F.R. parts 382, 385, and
24 390-397, with the exception of 49 C.F.R. s. 390.5 as it
25 relates to the definition of bus, as such rules and
26 regulations existed on October 1, 2000 March 1, 1999.
27 Section 4. Paragraph (a) of subsection (3) of section
28 316.3025, Florida Statutes, is amended to read:
29 316.3025 Penalties.--
30 (3)(a) A civil penalty of $50 may be assessed for a
31 violation of 49 C.F.R. s. 390.21 s. 316.3027.
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1 Section 5. Subsection (2) of section 316.515, Florida
2 Statutes, is amended to read:
3 316.515 Maximum width, height, length.--
4 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
5 of 13 feet 6 inches, inclusive of load carried thereon.
6 However, an automobile transporter may, with a permit from the
7 Department of Transportation, measure a height not to exceed
8 14 feet, inclusive of the load carried thereon.
9 Section 6. Subsection (6) of section 316.535, Florida
10 Statutes, is renumbered as subsection (7), present subsection
11 (7) is renumbered as subsection (8) and amended, and a new
12 subsection (6) is added to said section, to read:
13 316.535 Maximum weights.--
14 (6) Dump trucks, concrete mixing trucks, trucks
15 engaged in waste collection and disposal, and fuel oil and
16 gasoline trucks designed and constructed for special type work
17 or use, when operated as a single unit, shall be subject to
18 all safety and operational requirements of law, except that
19 any such vehicle need not conform to the axle spacing
20 requirements of this section provided that such vehicle shall
21 be limited to a total gross load, including the weight of the
22 vehicle, of 20,000 pounds per axle plus scale tolerances and
23 shall not exceed 550 pounds per inch width tire surface plus
24 scale tolerances. No vehicle operating pursuant to this
25 section shall exceed a gross weight, including the weight of
26 the vehicle and scale tolerances, of 70,000 pounds. Any
27 vehicle violating the weight provisions of this section shall
28 be penalized as provided in s. 316.545.
29 (7)(6) The Department of Transportation shall adopt
30 rules to implement this section, shall enforce this section
31 and the rules adopted hereunder, and shall publish and
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1 distribute tables and other publications as deemed necessary
2 to inform the public.
3 (8)(7) Except as hereinafter provided, no vehicle or
4 combination of vehicles exceeding the gross weights specified
5 in subsections (3), (4), and (5), and (6) shall be permitted
6 to travel on the public highways within the state.
7 Section 7. Paragraph (a) of subsection (2) and
8 paragraph (a) of subsection (4) of section 316.545, Florida
9 Statutes, are amended to read:
10 316.545 Weight and load unlawful; special fuel and
11 motor fuel tax enforcement; inspection; penalty; review.--
12 (2)(a) Whenever an officer, upon weighing a vehicle or
13 combination of vehicles with load, determines that the axle
14 weight or gross weight is unlawful, the officer may require
15 the driver to stop the vehicle in a suitable place and remain
16 standing until a determination can be made as to the amount of
17 weight thereon and, if overloaded, the amount of penalty to be
18 assessed as provided herein. However, any gross weight over
19 and beyond 6,000 pounds beyond the maximum herein set shall be
20 unloaded and all material so unloaded shall be cared for by
21 the owner or operator of the vehicle at the risk of such owner
22 or operator. Except as otherwise provided in this chapter, to
23 facilitate compliance with and enforcement of the weight
24 limits established in s. 316.535, weight tables published
25 pursuant to s. 316.535(7)(6) shall include a 10-percent scale
26 tolerance and shall thereby reflect the maximum scaled weights
27 allowed any vehicle or combination of vehicles. As used in
28 this section, scale tolerance means the allowable deviation
29 from legal weights established in s. 316.535. Notwithstanding
30 any other provision of the weight law, if a vehicle or
31 combination of vehicles does not exceed the gross, external
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1 bridge, or internal bridge weight limits imposed in s. 316.535
2 and the driver of such vehicle or combination of vehicles can
3 comply with the requirements of this chapter by shifting or
4 equalizing the load on all wheels or axles and does so when
5 requested by the proper authority, the driver shall not be
6 held to be operating in violation of said weight limits.
7 (4)(a) No commercial vehicle, as defined in s.
8 316.003(66), shall be operated over the highways of this state
9 unless it has been properly registered under the provisions of
10 s. 207.004. Whenever any law enforcement officer identified in
11 s. 207.023(1), upon inspecting the vehicle or combination of
12 vehicles, determines that the vehicle is in violation of s.
13 207.004, a penalty in the amount of $50 shall be assessed, and
14 the vehicle may shall be detained until payment is collected
15 by the law enforcement officer.
16 Section 8. Section 334.193, Florida Statutes, is
17 amended to read:
18 334.193 Unlawful for certain persons to be financially
19 interested in purchases, sales, and certain contracts;
20 penalties.--
21 (1) It is unlawful for a state officer, or an employee
22 or agent of the department, or for any company, corporation,
23 or firm in which a state officer, or an employee or agent of
24 the department has a financial interest, to bid on, enter
25 into, or be personally interested in:
26 (a) The purchase or the furnishing of any materials or
27 supplies to be used in the work of the state.
28 (b) A contract for the construction of any state road,
29 the sale of any property, or the performance of any other work
30 for which the department is responsible.
31 (2) Notwithstanding the provisions of subsection (1):
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1 (a) The department may consider competitive bids or
2 proposals by employees or employee work groups who have a
3 financial interest in matters referenced in paragraphs (1)(a)
4 and (b) when the subject matter of a request for bids or
5 proposals by the department includes functions performed by
6 the employees or employee work groups of the department before
7 the request for bids or proposals. However, if the employees,
8 employee work groups, or entity in which an employee of the
9 department has an interest is the successful bidder or
10 proposer, such employee or employees must resign from
11 department employment upon executing an agreement to perform
12 the matter bid upon.
13 (b) The department may consider competitive bids or
14 proposals of employees or employee work groups submitted on
15 behalf of the department to perform the subject matter of
16 requests for bids or proposals. The department may select
17 such bid or proposal for performance of the work by the
18 department.
19
20 The department may update existing rules or adopt new rules
21 pertaining to employee usage of department equipment,
22 facilities, and supplies during business hours for
23 nondepartment activities in order to implement this
24 subsection.
25 (3) Any person who is convicted of a violation of this
26 section is guilty of a misdemeanor of the first degree,
27 punishable as provided in s. 775.082 or s. 775.083, and shall
28 be removed from his or her office or employment.
29 Section 9. Paragraph (c) of subsection (6) and
30 paragraph (a) of subsection (7) of section 337.11, Florida
31 Statutes, are amended to read:
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1 337.11 Contracting authority of department; bids;
2 emergency repairs, supplemental agreements, and change orders;
3 combined design and construction contracts; progress payments;
4 records; requirements of vehicle registration.--
5 (6)
6 (c) When the department determines that it is in the
7 best interest of the public for reasons of public concern,
8 economy, improved operations or safety, and only when
9 circumstances dictate rapid completion of the work, the
10 department may, up to the threshold amount of $120,000
11 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
12 for construction and maintenance without advertising and
13 receiving competitive bids. However, if legislation is enacted
14 by the Legislature which changes the category thresholds, the
15 threshold amount shall remain at $60,000. The department may
16 enter into such contracts only upon a determination that the
17 work is necessary for one of the following reasons:
18 1. To ensure timely completion of projects or
19 avoidance of undue delay for other projects;
20 2. To accomplish minor repairs or construction and
21 maintenance activities for which time is of the essence and
22 for which significant cost savings would occur; or
23 3. To accomplish nonemergency work necessary to ensure
24 avoidance of adverse conditions that affect the safe and
25 efficient flow of traffic.
26
27 The department shall make a good faith effort to obtain two or
28 more quotes, if available, from qualified contractors before
29 entering into any contract. The department shall give
30 consideration to disadvantaged business enterprise
31 participation. However, when the work exists within the limits
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1 of an existing contract, the department shall make a good
2 faith effort to negotiate and enter into a contract with the
3 prime contractor on the existing contract.
4 (7)(a) If the head of the department determines that
5 it is in the best interests of the public, the department may
6 combine the design and construction phases of a building, a
7 major bridge, an enhancement project, or a rail corridor
8 project into a single contract. Such contract is referred to
9 as a design-build contract. Design-build contracts may be
10 advertised and awarded notwithstanding the requirements of
11 paragraph (c) of subsection (3). However, construction
12 activities may not begin on any portion of such projects until
13 title to the necessary rights-of-way and easements for the
14 construction of such portion of the project has vested in the
15 state or a local governmental entity and all railroad crossing
16 and utility agreements have been executed. Title to
17 rights-of-way vests in the state when the title has been
18 dedicated to the public or acquired by prescription.
19 Section 10. Section 337.025, Florida Statutes, is
20 amended to read:
21 337.025 Innovative highway projects; department to
22 establish program.--The department is authorized to establish
23 a program for highway projects demonstrating innovative
24 techniques of highway construction, maintenance, and finance
25 which have the intended effect of controlling time and cost
26 increases on construction projects. Such techniques may
27 include, but are not limited to, state-of-the-art technology
28 for pavement, safety, and other aspects of highway
29 construction and maintenance; innovative bidding and financing
30 techniques; accelerated construction procedures; and those
31 techniques that have the potential to reduce project life
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1 cycle costs. To the maximum extent practical, the department
2 must use the existing process to award and administer
3 construction and maintenance contracts. When specific
4 innovative techniques are to be used, the department is not
5 required to adhere to those provisions of law that would
6 prevent, preclude, or in any way prohibit the department from
7 using the innovative technique. However, prior to using an
8 innovative technique that is inconsistent with another
9 provision of law, the department must document in writing the
10 need for the exception and identify what benefits the
11 traveling public and the affected community are anticipated to
12 receive. The department may enter into no more than $120
13 million in contracts annually for the purposes authorized by
14 this section. However, the annual cap on contracts provided in
15 this section shall not apply to turnpike enterprise projects
16 nor shall turnpike enterprise projects be counted toward the
17 department's annual cap.
18 Section 11. Paragraph (c) of subsection (3) of section
19 337.11, Florida Statutes, is amended to read:
20 337.11 Contracting authority of department; bids;
21 emergency repairs, supplemental agreements, and change orders;
22 combined design and construction contracts; progress payments;
23 records; requirements of vehicle registration.--
24 (3)
25 (c) No advertisement for bids shall be published and
26 no bid solicitation notice shall be provided until title to
27 all necessary rights-of-way and easements for the construction
28 of the project covered by such advertisement or notice has
29 vested in the state or a local governmental entity, and all
30 railroad crossing and utility agreements have been executed.
31 The turnpike enterprise is exempt from this paragraph for a
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1 turnpike enterprise project. Title to all necessary
2 rights-of-way shall be deemed to have been vested in the State
3 of Florida when such title has been dedicated to the public or
4 acquired by prescription.
5 Section 12. Subsection (7) of section 338.165, Florida
6 Statutes, is amended to read:
7 338.165 Continuation of tolls.--
8 (7) This section does not apply to the turnpike system
9 as defined under the Florida Turnpike Enterprise Law.
10 Section 13. Section 338.22, Florida Statutes, is
11 amended to read:
12 338.22 Florida Turnpike Enterprise Law; short
13 title.--Sections 338.22-338.241 may be cited as the "Florida
14 Turnpike Enterprise Law."
15 Section 14. Section 338.221, Florida Statutes, is
16 amended to read:
17 338.221 Definitions of terms used in ss.
18 338.22-338.241.--As used in ss. 338.22-338.241, the following
19 words and terms have the following meanings, unless the
20 context indicates another or different meaning or intent:
21 (1) "Bonds" or "revenue bonds" means notes, bonds,
22 refunding bonds or other evidences of indebtedness or
23 obligations, in either temporary or definitive form, issued by
24 the Division of Bond Finance on behalf of the department and
25 authorized under the provisions of ss. 338.22-338.241 and the
26 State Bond Act.
27 (2) "Cost," as applied to a turnpike project, includes
28 the cost of acquisition of all land, rights-of-way, property,
29 easements, and interests acquired by the department for
30 turnpike project construction; the cost of such construction;
31 the cost of all machinery and equipment, financing charges,
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1 fees, and expenses related to the financing; establishment of
2 reserves to secure bonds; interest prior to and during
3 construction and for such period after completion of
4 construction as shall be determined by the department; the
5 cost of traffic estimates and of engineering and legal
6 expenses, plans, specifications, surveys, estimates of cost
7 and revenues; other expenses necessary or incident to
8 determining the feasibility or practicability of acquiring or
9 constructing any such turnpike project; administrative
10 expenses; and such other expenses as may be necessary or
11 incident to the acquisition or construction of a turnpike
12 project, the financing of such acquisition or construction,
13 and the placing of the turnpike project in operation.
14 (3) "Feeder road" means any road no more than 5 miles
15 in length, connecting to the turnpike system which the
16 department determines is necessary to create or facilitate
17 access to a turnpike project.
18 (4) "Owner" includes any person or any governmental
19 entity that has title to, or an interest in, any property,
20 right, easement, or interest authorized to be acquired
21 pursuant to ss. 338.22-338.241.
22 (5) "Revenues" means all tolls, charges, rentals,
23 gifts, grants, moneys, and other funds coming into the
24 possession, or under the control, of the department by virtue
25 of the provisions hereof, except the proceeds from the sale of
26 bonds issued under ss. 338.22-338.241.
27 (6) "Turnpike system" means those limited access toll
28 highways and associated feeder roads and other structures,
29 appurtenances, or rights previously designated, acquired, or
30 constructed pursuant to the Florida Turnpike Enterprise Law
31
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1 and such other additional turnpike projects as may be acquired
2 or constructed as approved by the Legislature.
3 (7) "Turnpike improvement" means any betterment
4 necessary or desirable for the operation of the turnpike
5 system, including, but not limited to, widenings, the addition
6 of interchanges to the existing turnpike system, resurfacings,
7 toll plazas, machinery, and equipment.
8 (8) "Economically feasible" for a proposed turnpike
9 project means that the revenues of the project in combination
10 with those of the existing turnpike system are sufficient to
11 service the debt of the outstanding turnpike bonds.:
12 (a) For a proposed turnpike project, that, as
13 determined by the department before the issuance of revenue
14 bonds for the project, the estimated net revenues of the
15 proposed turnpike project, excluding feeder roads and turnpike
16 improvements, will be sufficient to pay at least 50 percent of
17 the debt service on the bonds by the end of the 5th year of
18 operation and to pay at least 100 percent of the debt service
19 on the bonds by the end of the 15th year of operation. In
20 implementing this paragraph, up to 50 percent of the adopted
21 work program costs of the project may be funded from turnpike
22 revenues.
23 (b) For turnpike projects, except for feeder roads and
24 turnpike improvements, financed from revenues of the turnpike
25 system, such project, or such group of projects, originally
26 financed from revenues of the turnpike system, that the
27 project is expected to generate sufficient revenues to
28 amortize project costs within 15 years of opening to traffic.
29
30
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1 This subsection does not prohibit the pledging of revenues
2 from the entire turnpike system to bonds issued to finance or
3 refinance a turnpike project or group of turnpike projects.
4 (9) "Turnpike project" means any extension to or
5 expansion of the existing turnpike system and new limited
6 access toll highways and associated feeder roads and other
7 structures, interchanges, appurtenances, or rights as may be
8 approved in accordance with the Florida Turnpike Enterprise
9 Law.
10 (10) "Statement of environmental feasibility" means a
11 statement by the Department of Environmental Protection of the
12 project's significant environmental impacts.
13 Section 15. Section 338.2215, Florida Statutes, is
14 created to read:
15 338.2215 Florida Turnpike Enterprise; legislative
16 findings, policy, purpose, and intent.--It is the intent of
17 the Legislature that the turnpike enterprise be provided
18 additional powers and authority in order to maximize the
19 advantages obtainable through fully leveraging the Florida
20 Turnpike System asset. The additional powers and authority
21 will provide the turnpike enterprise with the autonomy and
22 flexibility to enable it to more easily pursue innovations as
23 well as best practices found in the private sector in
24 management, finance, organization, and operations. The
25 additional powers and authority are intended to improve
26 cost-effectiveness and timeliness of project delivery,
27 increase revenues, expand the turnpike system's capital
28 program capability, and improve the quality of service to its
29 patrons, while continuing to protect the turnpike system's
30 bondholders and further preserve, expand, and improve the
31 Florida Turnpike System.
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1 Section 16. Section 338.2216, Florida Statutes, is
2 created to read:
3 338.2216 Florida Turnpike Enterprise; powers and
4 authority.--
5 (1)(a) In addition to the powers granted to the
6 department, the Florida Turnpike Enterprise has full authority
7 to exercise all powers granted to it under this chapter.
8 Powers shall include, but are not limited to, the ability to
9 plan, construct, maintain, repair, and operate the Florida
10 Turnpike System.
11 (b) It is the express intention of this part that the
12 Florida Turnpike Enterprise be authorized to plan, develop,
13 own, purchase, lease, or otherwise acquire, demolish,
14 construct, improve, relocate, equip, repair, maintain,
15 operate, and manage the Florida Turnpike System; to expend
16 funds to publicize, advertise, and promote the advantages of
17 using the turnpike system and its facilities; and to
18 cooperate, coordinate, partner, and contract with other
19 entities, public and private, to accomplish these purposes.
20 (c) The executive director of the turnpike enterprise
21 shall appoint a staff, which shall be exempt from part II of
22 chapter 110. The fiscal functions of the turnpike enterprise,
23 including those arising under chapters 216, 334, and 339,
24 shall be managed by the turnpike enterprise chief financial
25 officer.
26 (2) The department shall have the authority to employ
27 procurement methods available to the Department of Management
28 Services under chapters 255 and 287 and under any rule adopted
29 under such chapters solely for the benefit of the turnpike
30 enterprise. In order to enhance the effective and efficient
31 operation of the turnpike enterprise, the department may adopt
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1 rules for procurement procedures alternative to chapters 255,
2 287, and 337.
3 (3)(a) The turnpike enterprise shall be a single
4 budget entity and shall develop a budget pursuant to chapter
5 216. The turnpike enterprise's budget shall be submitted to
6 the Legislature along with the department's budget.
7 (b) Notwithstanding the provisions of s. 216.301 to
8 the contrary and in accordance with s. 216.351, the Executive
9 Office of the Governor shall, on July 1 of each year, certify
10 forward all unexpended funds appropriated or provided pursuant
11 to this section for the turnpike enterprise. Of the
12 unexpended funds certified forward, any unencumbered amounts
13 shall be carried forward. Such funds carried forward shall
14 not exceed 5 percent of the total operating budget of the
15 turnpike enterprise. Funds carried forward pursuant to this
16 section may be used for any lawful purpose, including, but not
17 limited to, promotional and market activities, technology, and
18 training. Any certified forward funds remaining undisbursed
19 on December 31 of each year shall be carried forward.
20 (4) The powers conferred upon the turnpike enterprise
21 under ss. 338.22-338.241 shall be in addition and supplemental
22 to the existing powers of the department and the turnpike
23 enterprise, and these powers shall not be construed as
24 repealing any provision of any other law, general or local,
25 but shall supersede such other laws that are inconsistent with
26 the exercise of the powers provided under ss. 338.22-338.241
27 and provide a complete method for the exercise of such powers
28 granted.
29 Section 17. Subsection (4) of section 338.223, Florida
30 Statutes, is amended to read:
31 338.223 Proposed turnpike projects.--
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1 (4) The department is authorized, with the approval of
2 the Legislature, to use federal and state transportation funds
3 to lend or pay a portion of the operating, maintenance, and
4 capital costs of turnpike projects. Federal and state
5 transportation funds included in an adopted work program, or
6 the General Appropriations Act, for a turnpike project do not
7 have to be reimbursed to the State Transportation Trust Fund,
8 or used in determining the economic feasibility of the
9 proposed project. For operating and maintenance loans, the
10 maximum net loan amount in any fiscal year shall not exceed
11 1.5 0.5 percent of state transportation tax revenues for that
12 fiscal year.
13 Section 18. Subsection (2) of section 338.227, Florida
14 Statutes, is amended to read:
15 338.227 Turnpike revenue bonds.--
16 (2) The proceeds of the bonds of each issue shall be
17 used solely for the payment of the cost of the turnpike
18 projects for which such bonds shall have been issued, except
19 as provided in the State Bond Act. Such proceeds shall be
20 disbursed and used as provided by ss. 338.22-338.241 and in
21 such manner and under such restrictions, if any, as the
22 Division of Bond Finance may provide in the resolution
23 authorizing the issuance of such bonds or in the trust
24 agreement hereinafter mentioned securing the same. All
25 revenues and bond proceeds from the turnpike system received
26 by the department pursuant to ss. 338.22-338.241, the Florida
27 Turnpike Enterprise Law, shall be used only for the cost of
28 turnpike projects and turnpike improvements and for the
29 administration, operation, maintenance, and financing of the
30 turnpike system. No revenues or bond proceeds from the
31 turnpike system shall be spent for the operation, maintenance,
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1 construction, or financing of any project which is not part of
2 the turnpike system.
3 Section 19. Subsection (2) of section 338.2275,
4 Florida Statutes, is amended to read:
5 338.2275 Approved turnpike projects.--
6 (2) The department is authorized to use turnpike
7 revenues, the State Transportation Trust Fund moneys allocated
8 for turnpike projects pursuant to s. 338.001, federal funds,
9 and bond proceeds, and shall use the most cost-efficient
10 combination of such funds, in developing a financial plan for
11 funding turnpike projects. The department must submit a
12 report of the estimated cost for each ongoing turnpike project
13 and for each planned project to the Legislature 14 days before
14 the convening of the regular legislative session. Verification
15 of economic feasibility and statements of environmental
16 feasibility for individual turnpike projects must be based on
17 the entire project as approved. Statements of environmental
18 feasibility are not required for those projects listed in s.
19 12, chapter 90-136, Laws of Florida, for which the Project
20 Development and Environmental Reports were completed by July
21 1, 1990. All required environmental permits must be obtained
22 before The department may advertise for bids for contracts for
23 the construction of any turnpike project prior to obtaining
24 required environmental permits.
25 Section 20. Section 338.234, Florida Statutes, is
26 amended to read:
27 338.234 Granting concessions or selling along the
28 turnpike system.--
29 (1) The department may enter into contracts or
30 licenses with any person for the sale of grant concessions or
31 sell services or products or business opportunities on along
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1 the turnpike system, or the turnpike enterprise may sell
2 services, products, or business opportunities on the turnpike
3 system, which benefit the traveling public or provide
4 additional revenue to the turnpike system. Services, business
5 opportunities, and products authorized to be sold include, but
6 are not limited to, the sale of motor fuel, vehicle towing,
7 and vehicle maintenance services; the sale of food with
8 attendant nonalcoholic beverages; lodging, meeting rooms, and
9 other business services opportunities; advertising and other
10 promotional opportunities, which advertising and promotions
11 must be consistent with the dignity and integrity of the
12 state; the sale of state lottery tickets sold by authorized
13 retailers; games and amusements that the granting of
14 concessions for amusement devices which operate by the
15 application of skill, not including games of chance as defined
16 in s. 849.16 or other illegal gambling games; the sale of
17 Florida citrus, goods promoting the state, or handmade goods
18 produced within the state; and the granting of concessions for
19 equipment which provides travel information, or tickets,
20 reservations, or other related services; and the granting of
21 concessions which provide banking and other business services.
22 The department may also provide information centers on the
23 plazas for the benefit of the public.
24 (2) The department may provide an opportunity for
25 governmental agencies to hold public events at turnpike plazas
26 which educate the traveling public as to safety, travel, and
27 tourism.
28 Section 21. Subsection (3) of section 338.235, Florida
29 Statutes, is amended to read:
30 338.235 Contracts with department for provision of
31 services on the turnpike system.--
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1 (3) The department may enter into contracts or
2 agreements, with or without competitive bidding or
3 procurement, to make available, on a fair, reasonable,
4 nonexclusive, and nondiscriminatory basis, turnpike property
5 and other turnpike structures, for the placement of wireless
6 facilities by any wireless provider of mobile services as
7 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
8 telecommunications company as defined in s. 364.02 when it is
9 determined to be practical and feasible to make such property
10 or structures available. The department may, without adopting
11 a rule, charge a just, reasonable, and nondiscriminatory fee
12 for placement of the facilities, payable annually, based on
13 the fair market value of space used by comparable
14 communications facilities in the state. The department and a
15 wireless provider may negotiate the reduction or elimination
16 of a fee in consideration of goods or services service
17 provided to the department by the wireless provider. All such
18 fees collected by the department shall be deposited directly
19 into the State Agency Law Enforcement Radio System Trust Fund
20 and may be used to construct, maintain, or support the system.
21 Section 22. Subsection (2) of section 338.239, Florida
22 Statutes, is amended to read:
23 338.239 Traffic control on the turnpike system.--
24 (2) Members of the Florida Highway Patrol are vested
25 with the power, and charged with the duty, to enforce the
26 rules of the department. Approved expenditures Expenses
27 incurred by the Florida Highway Patrol in carrying out its
28 powers and duties under ss. 338.22-338.241 may be treated as a
29 part of the cost of the operation of the turnpike system, and
30 the Department of Highway Safety and Motor Vehicles shall be
31 reimbursed by the turnpike enterprise Department of
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1 Transportation for such expenses incurred on the turnpike
2 system mainline, which is that part of the turnpike system
3 extending from the southern terminus in Florida City to the
4 northern terminus in Wildwood including all contiguous
5 sections. Florida Highway Patrol Troop K shall be
6 headquartered with the turnpike enterprise and shall be the
7 official and preferred law enforcement troop for the turnpike
8 system. The Department of Highway Safety and Motor Vehicles
9 may, upon request of the executive director of the turnpike
10 enterprise and approval of the Legislature, increase the
11 number of authorized positions for Troop K, or the executive
12 director of the turnpike enterprise may contract with the
13 Department of Highway Safety and Motor Vehicles for additional
14 troops to patrol the turnpike system.
15 Section 23. Section 338.241, Florida Statutes, is
16 amended to read:
17 338.241 Cash reserve requirement.--The budget for the
18 turnpike system shall be so planned as to provide for a cash
19 reserve at the end of each fiscal year of not less than 5 10
20 percent of the unpaid balance of all turnpike system
21 contractual obligations, excluding bond obligations, to be
22 paid from revenues.
23 Section 24. Section 338.251, Florida Statutes, is
24 amended to read:
25 338.251 Toll Facilities Revolving Trust Fund.--The
26 Toll Facilities Revolving Trust Fund is hereby created for the
27 purpose of encouraging the development and enhancing the
28 financial feasibility of revenue-producing road projects
29 undertaken by local governmental entities in a county or
30 combination of contiguous counties and the turnpike
31 enterprise.
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1 (1) The department is authorized to advance funds for
2 preliminary engineering, traffic and revenue studies,
3 environmental impact studies, financial advisory services,
4 engineering design, right-of-way map preparation, other
5 appropriate project-related professional services, and
6 advanced right-of-way acquisition to expressway authorities,
7 the turnpike enterprise, counties, or other local governmental
8 entities that desire to undertake revenue-producing road
9 projects.
10 (2) No funds shall be advanced pursuant to this
11 section unless the following is documented to the department:
12 (a) The proposed facility is consistent with the
13 adopted transportation plan of the appropriate metropolitan
14 planning organization and the Florida Transportation Plan.
15 (b) A proposed 2-year budget detailing the use of the
16 cash advance and a project schedule consistent with the
17 budget.
18 (3) Prior to receiving any moneys for advance
19 right-of-way acquisition, it shall be shown that such
20 right-of-way will substantially appreciate prior to
21 construction and that savings will result from its advance
22 purchase. Any such request for moneys for advance
23 right-of-way acquisition shall be accompanied by a preliminary
24 engineering study, environmental impact study, traffic and
25 revenue study, and right-of-way maps along with either a
26 negotiated contract for purchase of the right-of-way, such
27 contract to include a clause stating that it is subject to
28 funding by the department or the Legislature, or an appraisal
29 of the subject property for purpose of condemnation
30 proceedings.
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1 (4) Each advance pursuant to this section shall
2 require repayment out of the initial bond issue revenue or, at
3 the discretion of the governmental entity or the turnpike
4 enterprise of the facility, repayment shall begin no later
5 than 7 years after the date of the advance, provided repayment
6 shall be completed no later than 12 years after the date of
7 the advance. However, such election shall be made at the time
8 of the initial bond issue, and, if repayment is to be made
9 during the time period referred to above, a schedule of such
10 repayment shall be submitted to the department.
11 (5) No amount in excess of $1.5 million annually shall
12 be advanced to any one governmental entity or the turnpike
13 enterprise pursuant to this section without specific
14 appropriation by the Legislature.
15 (6) Funds may not be advanced for funding final design
16 costs beyond 60 percent completion until an acceptable plan to
17 finance all project costs, including the reimbursement of
18 outstanding trust fund advances, is approved by the
19 department.
20 (7) The department may advance funds sufficient to
21 defray shortages in toll revenues of facilities receiving
22 funds pursuant to this section for the first 5 years of
23 operation, up to a maximum of $5 million per year, to be
24 reimbursed to this fund within 5 years of the last advance
25 hereunder. Any advance under this provision shall require
26 specific appropriation by the Legislature.
27 (8) No expressway authority, county, or other local
28 governmental entity, or the turnpike enterprise, shall be
29 eligible to receive any advance under this section if the
30 expressway authority, county, or other local governmental
31 entity or the turnpike enterprise has failed to repay any
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1 previous advances as required by law or by agreement with the
2 department.
3 (9) Repayment of funds advanced, including advances
4 made prior to January 1, 1994, shall not include interest.
5 However, interest accruing to local governmental entities and
6 the turnpike enterprise from the investment of advances shall
7 be paid to the department.
8 (10) Any repayment of prior or future advances made
9 from the State Transportation Trust Fund which were used to
10 fund any project phase of a toll facility, shall be deposited
11 in the Toll Facilities Revolving Trust Fund. However, when
12 funds advanced to the Seminole County Expressway Authority
13 pursuant to this section are repaid to the Toll Facilities
14 Revolving Trust Fund by or on behalf of the Seminole County
15 Expressway Authority, those funds shall thereupon and
16 forthwith be appropriated for and advanced to the Seminole
17 County Expressway Authority for funding the design of and the
18 advanced right-of-way acquisition for that segment of the
19 Seminole County Expressway extending from U.S. Highway 17/92
20 to Interstate Highway 4. Notwithstanding subsection (6), when
21 funds previously advanced to the Orlando-Orange County
22 Expressway Authority are repaid to the Toll Facilities
23 Revolving Trust Fund by or on behalf of the Orlando-Orange
24 County Expressway Authority, those funds may thereupon and
25 forthwith be appropriated for and advanced to the Seminole
26 County Expressway Authority for funding that segment of the
27 Seminole County Expressway extending from U.S. Highway 17/92
28 to Interstate Highway 4. Any funds advanced to the
29 Tampa-Hillsborough County Expressway Authority pursuant to
30 this section which have been or will be repaid on or after
31 July 1, 1998, to the Toll Facilities Revolving Trust Fund on
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1 behalf of the Tampa-Hillsborough County Expressway Authority
2 shall thereupon and forthwith be appropriated for and advanced
3 to the Tampa-Hillsborough County Expressway Authority for
4 funding the design of and the advanced right-of-way
5 acquisition for the Brandon area feeder roads, capital
6 improvements to increase capacity to the expressway system,
7 and Lee Roy Selmon Crosstown Expressway System Widening as
8 authorized under s. 348.565.
9 (11) The department shall adopt rules necessary for
10 the implementation of this section, including rules for
11 project selection and funding.
12 Section 25. Paragraphs (a), (f), and (g) of subsection
13 (4) of section 339.135, Florida Statutes, are amended to read:
14 339.135 Work program; legislative budget request;
15 definitions; preparation, adoption, execution, and
16 amendment.--
17 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
18 (a)1. To assure that no district or county is
19 penalized for local efforts to improve the State Highway
20 System, the department shall, for the purpose of developing a
21 tentative work program, allocate funds for new construction to
22 the districts, except for the turnpike enterprise district,
23 based on equal parts of population and motor fuel tax
24 collections. Funds for resurfacing, bridge repair and
25 rehabilitation, bridge fender system construction or repair,
26 public transit projects except public transit block grants as
27 provided in s. 341.052, and other programs with quantitative
28 needs assessments shall be allocated based on the results of
29 these assessments. The department may not transfer any funds
30 allocated to a district under this paragraph to any other
31 district except as provided in subsection (7). Funds for
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1 public transit block grants shall be allocated to the
2 districts pursuant to s. 341.052.
3 2. Notwithstanding the provisions of subparagraph 1.,
4 the department shall allocate at least 50 percent of any new
5 discretionary highway capacity funds to the Florida Intrastate
6 Highway System established pursuant to s. 338.001. Any
7 remaining new discretionary highway capacity funds shall be
8 allocated to the districts for new construction as provided in
9 subparagraph 1. For the purposes of this subparagraph, the
10 term "new discretionary highway capacity funds" means any
11 funds available to the department above the prior year funding
12 level for capacity improvements, which the department has the
13 discretion to allocate to highway projects.
14 (f) The central office shall submit a preliminary copy
15 of the tentative work program to the Executive Office of the
16 Governor, the legislative appropriations committees, the
17 Florida Transportation Commission, and the Department of
18 Community Affairs at least 14 days prior to the convening of
19 the regular legislative session. Prior to the statewide
20 public hearing required by paragraph (g), the Department of
21 Community Affairs shall transmit to the Florida Transportation
22 Commission a list of those projects and project phases
23 contained in the tentative work program which are identified
24 as being inconsistent with approved local government
25 comprehensive plans. For urbanized areas of metropolitan
26 planning organizations, the list may not contain any project
27 or project phase that is scheduled in a transportation
28 improvement program unless such inconsistency has been
29 previously reported to the affected metropolitan planning
30 organization. The commission shall consider the list as part
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1 of its evaluation of the tentative work program conducted
2 pursuant to s. 20.23.
3 (g)1. The Florida Transportation Commission shall
4 conduct a statewide public hearing on the tentative work
5 program and shall advertise the time, place, and purpose of
6 the hearing in the Florida Administrative Weekly at least 7
7 days prior to the hearing. As part of the statewide public
8 hearing, the commission shall, at a minimum:
9 a.1. Conduct an in-depth evaluation of the tentative
10 work program as required in s. 20.23 for compliance with
11 applicable laws and departmental policies; and
12 b.2. Hear all questions, suggestions, or other
13 comments offered by the public.
14 2. By no later than 14 days after the regular
15 legislative session begins, the commission shall submit to the
16 Executive Office of the Governor and the legislative
17 appropriations committees a report that evaluates the
18 tentative work program for:
19 a. Financial soundness;
20 b. Stability;
21 c. Production capacity;
22 d. Accomplishments, including compliance with program
23 objectives in s. 334.046;
24 e. Compliance with approved local government
25 comprehensive plans;
26 f. Objections and requests by metropolitan planning
27 organizations;
28 g. Policy changes and effects thereof;
29 h. Identification of statewide or regional projects;
30 and
31 i. Compliance with all other applicable laws.
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1 Section 26. Subsection (1) of section 553.80, Florida
2 Statutes, is amended to read:
3 553.80 Enforcement.--
4 (1) Except as provided in paragraphs (a)-(f) (a)-(e),
5 each local government and each legally constituted enforcement
6 district with statutory authority shall regulate building
7 construction and, where authorized in the state agency's
8 enabling legislation, each state agency shall enforce the
9 Florida Building Code required by this part on all public or
10 private buildings, structures, and facilities, unless such
11 responsibility has been delegated to another unit of
12 government pursuant to s. 553.79(9).
13 (a) Construction regulations relating to correctional
14 facilities under the jurisdiction of the Department of
15 Corrections and the Department of Juvenile Justice are to be
16 enforced exclusively by those departments.
17 (b) Construction regulations relating to elevator
18 equipment under the jurisdiction of the Bureau of Elevators of
19 the Department of Business and Professional Regulation shall
20 be enforced exclusively by that department.
21 (c) In addition to the requirements of s. 553.79 and
22 this section, facilities subject to the provisions of chapter
23 395 and part II of chapter 400 shall have facility plans
24 reviewed and construction surveyed by the state agency
25 authorized to do so under the requirements of chapter 395 and
26 part II of chapter 400 and the certification requirements of
27 the Federal Government.
28 (d) Building plans approved pursuant to s. 553.77(6)
29 and state-approved manufactured buildings, including buildings
30 manufactured and assembled offsite and not intended for
31 habitation, such as lawn storage buildings and storage sheds,
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1 are exempt from local code enforcing agency plan reviews
2 except for provisions of the code relating to erection,
3 assembly, or construction at the site. Erection, assembly, and
4 construction at the site are subject to local permitting and
5 inspections.
6 (e) Construction regulations governing public schools,
7 state universities, and community colleges shall be enforced
8 as provided in subsection (6).
9 (f) Construction regulations relating to
10 transportation facilities under the jurisdiction of the
11 turnpike enterprise of the Department of Transportation shall
12 be enforced exclusively by the turnpike enterprise.
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14 The governing bodies of local governments may provide a
15 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
16 and this section, for the enforcement of the provisions of
17 this part. Such fees shall be used solely for carrying out
18 the local government's responsibilities in enforcing the
19 Florida Building Code. The authority of state enforcing
20 agencies to set fees for enforcement shall be derived from
21 authority existing on July 1, 1998. However, nothing contained
22 in this subsection shall operate to limit such agencies from
23 adjusting their fee schedule in conformance with existing
24 authority.
25 Section 27. This act shall take effect July 1, 2002.
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1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions of law with respect to the Department
4 of Transportation to:
1. Change the turnpike district into a turnpike
5 enterprise.
2. Increase the debt cap to $200 million with
6 respect to the State Transportation Trust Fund.
3. Eliminate a requirement for a department permit
7 with respect to the height of automobile transporters.
4. Raise the cap on described contracts into which
8 the department may enter without first obtaining bids.
5. Eliminate the cap on innovative highway projects
9 for the turnpike enterprise.
6. Generally revise language with respect to
10 turnpike enterprises.
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See bill for details.
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