House Bill hb0261

CODING: Words stricken are deletions; words underlined are additions.




    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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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):

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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:

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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,

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.--

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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,

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.--

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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

31

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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,

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

13

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.

26

27

28

29

30

31

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 261

    709-124B-02






  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.

11
      See bill for details.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  33

CODING: Words stricken are deletions; words underlined are additions.