House Bill hb0261c1
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Florida House of Representatives - 2002 CS/HB 261
By the Council for Ready Infrastructure and
Representatives Russell and Green
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; providing
11 exceptions to said exemptions; giving the
12 secretary authority to promulgate rules under
13 certain conditions that will assist the
14 turnpike enterprise in using best business
15 practices; amending s. 206.46, F.S.; increasing
16 the debt service cap with respect to the State
17 Transportation Trust Fund; amending s. 316.302,
18 F.S.; revising a date concerning commercial
19 motor vehicles to conform to federal
20 regulations; authorizing the department's Motor
21 Carrier Compliance officers, and duly appointed
22 agents holding a safety inspector certification
23 from the Commercial Vehicle Safety Alliance, to
24 stop commercial motor vehicles for inspection
25 of the vehicle and driver's records; providing
26 that other law enforcement officers may enforce
27 commercial motor vehicle regulations under
28 certain conditions; requiring that unsafe
29 vehicles and drivers be removed from service
30 under certain conditions; amending s. 316.3025,
31 F.S.; updating a cross reference to federal
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1 trucking regulations; amending s. 316.515,
2 F.S.; deleting a requirement for a department
3 permit with respect to the height of automobile
4 transporters; amending s. 316.535, F.S.; adding
5 weight requirements for certain commercial
6 trucks; amending s. 316.545, F.S.; correcting a
7 cross reference; providing for the discretion
8 of the department to detain commercial vehicles
9 until certain penalties are paid; amending s.
10 334.044, F.S.; providing for officers employed
11 by the department's Office of Motor Carrier
12 Compliance and specifying duties and
13 responsibilities of said officers; authorizing
14 appointment of part-time and auxiliary
15 officers; amending s. 334.193, F.S.; providing
16 for employee bidding by department employees;
17 amending s. 337.025, F.S.; eliminating cap on
18 innovative highway projects for the turnpike
19 enterprise; amending s. 337.11, F.S.; raising
20 the cap on certain contracts into which the
21 department can enter without first obtaining
22 bids; providing an exemption for a turnpike
23 enterprise project; revising provisions for
24 design-build contracts; amending s. 337.185,
25 F.S.; clarifying application of limitation on
26 certain claims brought before the State
27 Arbitration Board; amending s. 338.22, F.S.;
28 redesignating the Florida Turnpike Law as the
29 Florida Turnpike Enterprise Law; amending s.
30 338.221, F.S.; redefining the term
31 "economically feasible" as used with respect to
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1 turnpike projects; creating s. 338.2215, F.S.;
2 providing legislative findings, policy,
3 purpose, and intent for the Florida Turnpike
4 Enterprise; creating s. 338.2216, F.S.;
5 prescribing the power and authority of the
6 turnpike enterprise; amending s. 338.223, F.S.;
7 increasing the maximum loan amount for the
8 turnpike enterprise; amending ss. 338.165 and
9 338.227, F.S.; conforming provisions; amending
10 s. 338.2275, F.S.; authorizing the turnpike
11 enterprise to advertise for bids for contracts
12 prior to obtaining environmental permits;
13 amending s. 338.234, F.S.; authorizing the
14 turnpike enterprise to expand business
15 opportunities; amending s. 338.235, F.S.;
16 authorizing the consideration of goods instead
17 of fees; amending s. 338.239, F.S.; providing
18 that approved expenditure to the Florida
19 Highway Patrol be paid by the turnpike
20 enterprise; amending s. 338.241, F.S.; lowering
21 the required cash reserve for the turnpike
22 enterprise; amending s. 338.251, F.S.;
23 conforming provisions; amending s. 339.135,
24 F.S.; including reference to turnpike
25 enterprise with respect to the tentative work
26 program; revising language with respect to the
27 tentative work program; amending s. 553.80,
28 F.S.; providing for self-regulation of certain
29 construction; providing effective dates.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (4) of section 20.23, Florida
2 Statutes, is amended to read:
3 20.23 Department of Transportation.--There is created
4 a Department of Transportation which shall be a decentralized
5 agency.
6 (4)(a) The operations of the department shall be
7 organized into seven eight districts, including a turnpike
8 district, each headed by a district secretary and a turnpike
9 enterprise, headed by an executive director. The district
10 secretaries shall report to the Assistant Secretary for
11 District Operations. The headquarters of the districts shall
12 be located in Polk, Columbia, Washington, Broward, Volusia,
13 Dade, and Hillsborough, and Leon Counties. The headquarters of
14 the turnpike enterprise shall be located in Orange County. The
15 turnpike district must be relocated to Orange County in the
16 year 2000. In order to provide for efficient operations and to
17 expedite the decisionmaking process, the department shall
18 provide for maximum decentralization to the districts.
19 However, before making a decision to centralize or
20 decentralize department operations or relocate the turnpike
21 district, the department must first determine if the decision
22 would be cost-effective and in the public's best interest. The
23 department shall periodically evaluate such decisions to
24 ensure that they are appropriate.
25 (b) The primary responsibility for the implementation
26 of the department's transportation programs shall be delegated
27 by the secretary to the district secretaries, and sufficient
28 authority shall be vested in each district to ensure adequate
29 control of the resources commensurate with the delegated
30 responsibility. Each district secretary shall also be
31 accountable for ensuring their district's quality of
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1 performance and compliance with all laws, rules, policies, and
2 procedures related to the operation of the department.
3 (c) Each district secretary may appoint a district
4 director for planning and programming, a district director for
5 production, and a district director for operations. These
6 positions are exempt from part II of chapter 110.
7 (d) Within each district, offices shall be established
8 for managing major functional responsibilities of the
9 department. The offices may include planning, design,
10 construction, right-of-way, maintenance, and public
11 transportation. The heads of these offices shall be exempt
12 from part II of chapter 110.
13 (e) The district director for the Fort Myers Urban
14 Office of the Department of Transportation is responsible for
15 developing the 5-year Transportation Plan for Charlotte,
16 Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
17 Myers Urban Office also is responsible for providing policy,
18 direction, local government coordination, and planning for
19 those counties.
20 (f)1. The responsibility for the turnpike system shall
21 be delegated by the secretary to the executive director of the
22 turnpike enterprise, who shall serve at the pleasure of the
23 secretary. The executive director shall report directly to the
24 secretary, and the turnpike enterprise shall operate pursuant
25 to ss. 338.22-338.241.
26 2. To facilitate the most efficient and effective
27 management of the turnpike enterprise, including the use of
28 best business practices employed by the private sector, the
29 turnpike enterprise, except as provided in s. 287.055, shall
30 be exempt from departmental policies, procedures, and
31 standards, subject to the secretary having the authority to
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1 apply any such policies, procedures, and standards to the
2 turnpike enterprise from time to time as deemed appropriate.
3 3. To enhance the ability of the turnpike enterprise
4 to use best business practices employed by the private sector,
5 the secretary shall promulgate rules which exempt the turnpike
6 enterprise from department rules and authorize the turnpike
7 enterprise to employ procurement methods available to the
8 private sector, provided those methods are not in conflict
9 with s. 287.055.
10 Section 2. Subsection (2) of section 206.46, Florida
11 Statutes, is amended to read:
12 206.46 State Transportation Trust Fund.--
13 (2) Notwithstanding any other provisions of law, from
14 the revenues deposited into the State Transportation Trust
15 Fund a maximum of 7 percent in each fiscal year shall be
16 transferred into the Right-of-Way Acquisition and Bridge
17 Construction Trust Fund created in s. 215.605, as needed to
18 meet the requirements of the documents authorizing the bonds
19 issued or proposed to be issued under ss. 215.605 and 337.276
20 or at a minimum amount sufficient to pay for the debt service
21 coverage requirements of outstanding bonds. Notwithstanding
22 the 7 percent annual transfer authorized in this subsection,
23 the annual amount transferred under this subsection shall not
24 exceed an amount necessary to provide the required debt
25 service coverage levels for a maximum debt service not to
26 exceed $200 $135 million. Such transfer shall be payable
27 primarily from the motor and diesel fuel taxes transferred to
28 the State Transportation Trust Fund from the Fuel Tax
29 Collection Trust Fund.
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1 Section 3. Paragraph (b) of subsection (1) and
2 subsection (8) of section 316.302, Florida Statutes, are
3 amended to read:
4 316.302 Commercial motor vehicles; safety regulations;
5 transporters and shippers of hazardous materials;
6 enforcement.--
7 (1)
8 (b) Except as otherwise provided in this section, all
9 owners or drivers of commercial motor vehicles that are
10 engaged in intrastate commerce are subject to the rules and
11 regulations contained in 49 C.F.R. parts 382, 385, and
12 390-397, with the exception of 49 C.F.R. s. 390.5 as it
13 relates to the definition of bus, as such rules and
14 regulations existed on October 1, 2001 March 1, 1999.
15 (8) For the purpose of enforcing this section, any law
16 enforcement officer agent of the Department of Transportation
17 or duly appointed agent who holds a current safety inspector
18 certification from the Commercial Vehicle Safety Alliance may
19 require the driver of any commercial vehicle operated on the
20 highways of this state to stop and submit to an inspection of
21 the vehicle or the driver's records described in s.
22 316.545(9), any member of the Florida Highway Patrol, or any
23 person employed by a sheriff's office or municipal police
24 department who is authorized to enforce the traffic laws of
25 this state pursuant to s. 316.640 may enforce the provisions
26 of this section. Any officer of the Department of
27 Transportation described in s. 316.545(9), any member of the
28 Florida Highway Patrol, or any law enforcement officer
29 employed by a sheriff's office or municipal police department
30 authorized to enforce the traffic laws of this state pursuant
31 to s. 316.640, who has reason to believe that a vehicle or
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1 driver is operating in an unsafe condition, may require the
2 driver to stop and submit to an inspection of the vehicle or
3 the driver's records. Any person who fails to comply with an
4 officer's request to submit to an inspection under this
5 subsection is guilty of a violation of s. 843.02 if the driver
6 resists the officer without violence or a violation of s.
7 843.01 if the driver resists the officer with violence. If
8 the vehicle or driver is found to be operating in an unsafe
9 condition, or if any required part or equipment is not present
10 or is not in proper repair or adjustment, and the continued
11 operation would probably present an unduly hazardous operating
12 condition, the officer may require the vehicle or the driver
13 to be removed from service pursuant to the North American
14 Uniform Out-of-Service Criteria, until corrected. However, if
15 continuous operation would not present an unduly hazardous
16 operating condition, the officer may give written notice
17 requiring correction of the condition to require proper repair
18 and adjustment of the vehicle within 14 days.
19 (a) Any member of the Florida Highway Patrol or any
20 law enforcement officer employed by a sheriff's office or
21 municipal police department authorized to enforce the traffic
22 laws of this state pursuant to s. 316.640 who has reason to
23 believe that a vehicle or driver is operating in an unsafe
24 condition may, as provided in subsection (10), enforce the
25 provisions of this section.
26 (b) Any person who fails to comply with an officer's
27 request to submit to an inspection under this subsection
28 commits a violation of s. 843.02 if the person resists the
29 officer without violence or a violation of s. 843.01 if the
30 person resists the officer with violence.
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1 Section 4. Paragraph (a) of subsection (3) of section
2 316.3025, Florida Statutes, is amended to read:
3 316.3025 Penalties.--
4 (3)(a) A civil penalty of $50 may be assessed for a
5 violation of 49 C.F.R. s. 390.21 s. 316.3027.
6 Section 5. Subsection (2) of section 316.515, Florida
7 Statutes, is amended to read:
8 316.515 Maximum width, height, length.--
9 (2) HEIGHT LIMITATION.--No vehicle may exceed a height
10 of 13 feet 6 inches, inclusive of load carried thereon.
11 However, an automobile transporter may, with a permit from the
12 Department of Transportation, measure a height not to exceed
13 14 feet, inclusive of the load carried thereon.
14 Section 6. Subsection (6) of section 316.535, Florida
15 Statutes, is renumbered as subsection (7), present subsection
16 (7) is renumbered as subsection (8) and amended, and a new
17 subsection (6) is added to said section, to read:
18 316.535 Maximum weights.--
19 (6) Dump trucks, concrete mixing trucks, trucks
20 engaged in waste collection and disposal, and fuel oil and
21 gasoline trucks designed and constructed for special type work
22 or use, when operated as a single unit, shall be subject to
23 all safety and operational requirements of law, except that
24 any such vehicle need not conform to the axle spacing
25 requirements of this section provided that such vehicle shall
26 be limited to a total gross load, including the weight of the
27 vehicle, of 20,000 pounds per axle plus scale tolerances and
28 shall not exceed 550 pounds per inch width tire surface plus
29 scale tolerances. No vehicle operating pursuant to this
30 section shall exceed a gross weight, including the weight of
31 the vehicle and scale tolerances, of 70,000 pounds. Any
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1 vehicle violating the weight provisions of this section shall
2 be penalized as provided in s. 316.545.
3 (7)(6) The Department of Transportation shall adopt
4 rules to implement this section, shall enforce this section
5 and the rules adopted hereunder, and shall publish and
6 distribute tables and other publications as deemed necessary
7 to inform the public.
8 (8)(7) Except as hereinafter provided, no vehicle or
9 combination of vehicles exceeding the gross weights specified
10 in subsections (3), (4), and (5), and (6) shall be permitted
11 to travel on the public highways within the state.
12 Section 7. Paragraph (a) of subsection (2) and
13 paragraph (a) of subsection (4) of section 316.545, Florida
14 Statutes, are amended to read:
15 316.545 Weight and load unlawful; special fuel and
16 motor fuel tax enforcement; inspection; penalty; review.--
17 (2)(a) Whenever an officer, upon weighing a vehicle or
18 combination of vehicles with load, determines that the axle
19 weight or gross weight is unlawful, the officer may require
20 the driver to stop the vehicle in a suitable place and remain
21 standing until a determination can be made as to the amount of
22 weight thereon and, if overloaded, the amount of penalty to be
23 assessed as provided herein. However, any gross weight over
24 and beyond 6,000 pounds beyond the maximum herein set shall be
25 unloaded and all material so unloaded shall be cared for by
26 the owner or operator of the vehicle at the risk of such owner
27 or operator. Except as otherwise provided in this chapter, to
28 facilitate compliance with and enforcement of the weight
29 limits established in s. 316.535, weight tables published
30 pursuant to s. 316.535(7)(6) shall include a 10-percent scale
31 tolerance and shall thereby reflect the maximum scaled weights
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1 allowed any vehicle or combination of vehicles. As used in
2 this section, scale tolerance means the allowable deviation
3 from legal weights established in s. 316.535. Notwithstanding
4 any other provision of the weight law, if a vehicle or
5 combination of vehicles does not exceed the gross, external
6 bridge, or internal bridge weight limits imposed in s. 316.535
7 and the driver of such vehicle or combination of vehicles can
8 comply with the requirements of this chapter by shifting or
9 equalizing the load on all wheels or axles and does so when
10 requested by the proper authority, the driver shall not be
11 held to be operating in violation of said weight limits.
12 (4)(a) No commercial vehicle, as defined in s.
13 316.003(66), shall be operated over the highways of this state
14 unless it has been properly registered under the provisions of
15 s. 207.004. Whenever any law enforcement officer identified in
16 s. 207.023(1), upon inspecting the vehicle or combination of
17 vehicles, determines that the vehicle is in violation of s.
18 207.004, a penalty in the amount of $50 shall be assessed, and
19 the vehicle may shall be detained until payment is collected
20 by the law enforcement officer.
21 Section 8. Subsection (31) is added to section
22 334.044, Florida Statutes, to read:
23 334.044 Department; powers and duties.--The department
24 shall have the following general powers and duties:
25 (31) In order to fulfill the department's mission to
26 provide a safe and efficient transportation system, the
27 department's Office of Motor Carrier Compliance may employ
28 sworn law enforcement officers, certified in accordance with
29 chapter 943, to enforce the traffic and criminal laws of this
30 state. Such officers shall have full law enforcement powers
31 granted to other peace officers of this state, including
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1 making arrests, carrying firearms, serving court process, and
2 seizing vehicles defined as contraband under s. 319.33,
3 illegal drugs, stolen property, and the proceeds of illegal
4 activities. Officers appointed under this section have the
5 primary responsibility for enforcing laws relating to size and
6 weight of commercial motor vehicles; safety, traffic, tax, and
7 registration of commercial motor vehicles; interdiction of
8 vehicles defined as contraband under s. 319.33, illegal drugs,
9 and stolen property; and violations that threaten the overall
10 security and safety of Florida's transportation infrastructure
11 and the motoring public. The office is also authorized to
12 appoint part-time or auxiliary law enforcement officers
13 pursuant to chapter 943 and to provide compensation in
14 accordance with law.
15 Section 9. Section 334.193, Florida Statutes, is
16 amended to read:
17 334.193 Unlawful for certain persons to be financially
18 interested in purchases, sales, and certain contracts;
19 penalties.--
20 (1) It is unlawful for a state officer, or an employee
21 or agent of the department, or for any company, corporation,
22 or firm in which a state officer, or an employee or agent of
23 the department has a financial interest, to bid on, enter
24 into, or be personally interested in:
25 (a) The purchase or the furnishing of any materials or
26 supplies to be used in the work of the state.
27 (b) A contract for the construction of any state road,
28 the sale of any property, or the performance of any other work
29 for which the department is responsible.
30 (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 10. Section 337.025, Florida Statutes, is
30 amended to read:
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1 337.025 Innovative highway projects; department to
2 establish program.--The department is authorized to establish
3 a program for highway projects demonstrating innovative
4 techniques of highway construction, maintenance, and finance
5 which have the intended effect of controlling time and cost
6 increases on construction projects. Such techniques may
7 include, but are not limited to, state-of-the-art technology
8 for pavement, safety, and other aspects of highway
9 construction and maintenance; innovative bidding and financing
10 techniques; accelerated construction procedures; and those
11 techniques that have the potential to reduce project life
12 cycle costs. To the maximum extent practical, the department
13 must use the existing process to award and administer
14 construction and maintenance contracts. When specific
15 innovative techniques are to be used, the department is not
16 required to adhere to those provisions of law that would
17 prevent, preclude, or in any way prohibit the department from
18 using the innovative technique. However, prior to using an
19 innovative technique that is inconsistent with another
20 provision of law, the department must document in writing the
21 need for the exception and identify what benefits the
22 traveling public and the affected community are anticipated to
23 receive. The department may enter into no more than $120
24 million in contracts annually for the purposes authorized by
25 this section. However, the annual cap on contracts provided in
26 this section shall not apply to turnpike enterprise projects
27 nor shall turnpike enterprise projects be counted toward the
28 department's annual cap.
29 Section 11. Paragraph (c) of subsection (3) and
30 paragraph (c) of subsection (6) 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 (3)
6 (c) No advertisement for bids shall be published and
7 no bid solicitation notice shall be provided until title to
8 all necessary rights-of-way and easements for the construction
9 of the project covered by such advertisement or notice has
10 vested in the state or a local governmental entity, and all
11 railroad crossing and utility agreements have been executed.
12 The turnpike enterprise is exempt from this paragraph for a
13 turnpike enterprise project. Title to all necessary
14 rights-of-way shall be deemed to have been vested in the State
15 of Florida when such title has been dedicated to the public or
16 acquired by prescription.
17 (6)
18 (c) When the department determines that it is in the
19 best interest of the public for reasons of public concern,
20 economy, improved operations or safety, and only when
21 circumstances dictate rapid completion of the work, the
22 department may, up to the threshold amount of $120,000
23 provided in s. 287.017 for CATEGORY FOUR, enter into contracts
24 for construction and maintenance without advertising and
25 receiving competitive bids. However, if legislation is enacted
26 by the Legislature which changes the category thresholds, the
27 threshold amount shall remain at $60,000. The department may
28 enter into such contracts only upon a determination that the
29 work is necessary for one of the following reasons:
30 1. To ensure timely completion of projects or
31 avoidance of undue delay for other projects;
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1 2. To accomplish minor repairs or construction and
2 maintenance activities for which time is of the essence and
3 for which significant cost savings would occur; or
4 3. To accomplish nonemergency work necessary to ensure
5 avoidance of adverse conditions that affect the safe and
6 efficient flow of traffic.
7
8 The department shall make a good faith effort to obtain two or
9 more quotes, if available, from qualified contractors before
10 entering into any contract. The department shall give
11 consideration to disadvantaged business enterprise
12 participation. However, when the work exists within the limits
13 of an existing contract, the department shall make a good
14 faith effort to negotiate and enter into a contract with the
15 prime contractor on the existing contract.
16 Section 12. Effective July 1, 2003, paragraph (a) of
17 subsection (7) of section 337.11, Florida Statutes, as amended
18 by section 4 of chapter 2001-350, Laws of Florida, is amended
19 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 (7)(a) If the head of the department determines that
25 it is in the best interests of the public, the department may
26 combine the right-of-way services and design and construction
27 phases of a building, a major bridge, a limited access
28 facility, or a rail corridor project into a single contract.
29 Such contract is referred to as a design-build contract.
30 Design-build contracts may be advertised and awarded
31 notwithstanding the requirements of paragraph (3)(c). However,
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1 construction activities may not begin on any portion of such
2 projects until title to the necessary rights-of-way and
3 easements for the construction of that portion of the project
4 has vested in the state or a local governmental entity and all
5 railroad crossing and utility agreements have been executed.
6 Title to rights-of-way vests in the state when the title has
7 been dedicated to the public or acquired by prescription.
8 Section 13. Effective July 1, 2005, paragraph (a) of
9 subsection (7) of section 337.11, Florida Statutes, as amended
10 by this act, is amended to read:
11 337.11 Contracting authority of department; bids;
12 emergency repairs, supplemental agreements, and change orders;
13 combined design and construction contracts; progress payments;
14 records; requirements of vehicle registration.--
15 (7)(a) If the head of the department determines that
16 it is in the best interests of the public, the department may
17 combine the right-of-way services and design and construction
18 phases of a building, a major bridge, a limited access
19 facility, or a rail corridor project into a single contract.
20 Such contract is referred to as a design-build contract.
21 Design-build contracts may be advertised and awarded
22 notwithstanding the requirements of paragraph (3)(c). However,
23 construction activities may not begin on any portion of such
24 projects until title to the necessary rights-of-way and
25 easements for the construction of that portion of the project
26 has vested in the state or a local governmental entity and all
27 railroad crossing and utility agreements have been executed.
28 Title to rights-of-way vests in the state when the title has
29 been dedicated to the public or acquired by prescription.
30 Section 14. Subsection (3) of section 337.185, Florida
31 Statutes, is amended to read:
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1 337.185 State Arbitration Board.--
2 (3) A hearing may be requested by the department or by
3 a contractor who has a dispute with the department which,
4 under the rules of the board, may be the subject of
5 arbitration. The request is to be made to the board within
6 820 days after the final acceptance of the work for all
7 contracts entered into after June 30, 1993. The board shall
8 conduct the hearing within 45 days of the request. The party
9 requesting the board's consideration shall give notice of the
10 hearing to each member. If the board finds that a third party
11 is necessary to resolve the dispute, the board may vote to
12 dismiss the claim, which may thereafter be pursued in
13 accordance with the laws of the State of Florida.
14 Section 15. Subsection (7) of section 338.165, Florida
15 Statutes, is amended to read:
16 338.165 Continuation of tolls.--
17 (7) This section does not apply to the turnpike system
18 as defined under the Florida Turnpike Enterprise Law.
19 Section 16. Section 338.22, Florida Statutes, is
20 amended to read:
21 338.22 Florida Turnpike Enterprise Law; short
22 title.--Sections 338.22-338.241 may be cited as the "Florida
23 Turnpike Enterprise Law."
24 Section 17. Section 338.221, Florida Statutes, is
25 amended to read:
26 338.221 Definitions of terms used in ss.
27 338.22-338.241.--As used in ss. 338.22-338.241, the following
28 words and terms have the following meanings, unless the
29 context indicates another or different meaning or intent:
30 (1) "Bonds" or "revenue bonds" means notes, bonds,
31 refunding bonds or other evidences of indebtedness or
18
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1 obligations, in either temporary or definitive form, issued by
2 the Division of Bond Finance on behalf of the department and
3 authorized under the provisions of ss. 338.22-338.241 and the
4 State Bond Act.
5 (2) "Cost," as applied to a turnpike project, includes
6 the cost of acquisition of all land, rights-of-way, property,
7 easements, and interests acquired by the department for
8 turnpike project construction; the cost of such construction;
9 the cost of all machinery and equipment, financing charges,
10 fees, and expenses related to the financing; establishment of
11 reserves to secure bonds; interest prior to and during
12 construction and for such period after completion of
13 construction as shall be determined by the department; the
14 cost of traffic estimates and of engineering and legal
15 expenses, plans, specifications, surveys, estimates of cost
16 and revenues; other expenses necessary or incident to
17 determining the feasibility or practicability of acquiring or
18 constructing any such turnpike project; administrative
19 expenses; and such other expenses as may be necessary or
20 incident to the acquisition or construction of a turnpike
21 project, the financing of such acquisition or construction,
22 and the placing of the turnpike project in operation.
23 (3) "Feeder road" means any road no more than 5 miles
24 in length, connecting to the turnpike system which the
25 department determines is necessary to create or facilitate
26 access to a turnpike project.
27 (4) "Owner" includes any person or any governmental
28 entity that has title to, or an interest in, any property,
29 right, easement, or interest authorized to be acquired
30 pursuant to ss. 338.22-338.241.
31
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1 (5) "Revenues" means all tolls, charges, rentals,
2 gifts, grants, moneys, and other funds coming into the
3 possession, or under the control, of the department by virtue
4 of the provisions hereof, except the proceeds from the sale of
5 bonds issued under ss. 338.22-338.241.
6 (6) "Turnpike system" means those limited access toll
7 highways and associated feeder roads and other structures,
8 appurtenances, or rights previously designated, acquired, or
9 constructed pursuant to the Florida Turnpike Enterprise Law
10 and such other additional turnpike projects as may be acquired
11 or constructed as approved by the Legislature.
12 (7) "Turnpike improvement" means any betterment
13 necessary or desirable for the operation of the turnpike
14 system, including, but not limited to, widenings, the addition
15 of interchanges to the existing turnpike system, resurfacings,
16 toll plazas, machinery, and equipment.
17 (8) "Economically feasible" for a proposed turnpike
18 project means that the revenues of the project in combination
19 with those of the existing turnpike system are sufficient to
20 service the debt of the outstanding turnpike bonds.:
21 (a) For a proposed turnpike project, that, as
22 determined by the department before the issuance of revenue
23 bonds for the project, the estimated net revenues of the
24 proposed turnpike project, excluding feeder roads and turnpike
25 improvements, will be sufficient to pay at least 50 percent of
26 the debt service on the bonds by the end of the 5th year of
27 operation and to pay at least 100 percent of the debt service
28 on the bonds by the end of the 15th year of operation. In
29 implementing this paragraph, up to 50 percent of the adopted
30 work program costs of the project may be funded from turnpike
31 revenues.
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1 (b) For turnpike projects, except for feeder roads and
2 turnpike improvements, financed from revenues of the turnpike
3 system, such project, or such group of projects, originally
4 financed from revenues of the turnpike system, that the
5 project is expected to generate sufficient revenues to
6 amortize project costs within 15 years of opening to traffic.
7
8 This subsection does not prohibit the pledging of revenues
9 from the entire turnpike system to bonds issued to finance or
10 refinance a turnpike project or group of turnpike projects.
11 (9) "Turnpike project" means any extension to or
12 expansion of the existing turnpike system and new limited
13 access toll highways and associated feeder roads and other
14 structures, interchanges, appurtenances, or rights as may be
15 approved in accordance with the Florida Turnpike Enterprise
16 Law.
17 (10) "Statement of environmental feasibility" means a
18 statement by the Department of Environmental Protection of the
19 project's significant environmental impacts.
20 Section 18. Section 338.2215, Florida Statutes, is
21 created to read:
22 338.2215 Florida Turnpike Enterprise; legislative
23 findings, policy, purpose, and intent.--It is the intent of
24 the Legislature that the turnpike enterprise be provided
25 additional powers and authority in order to maximize the
26 advantages obtainable through fully leveraging the Florida
27 Turnpike System asset. The additional powers and authority
28 will provide the turnpike enterprise with the autonomy and
29 flexibility to enable it to more easily pursue innovations as
30 well as best practices found in the private sector in
31 management, finance, organization, and operations. The
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1 additional powers and authority are intended to improve
2 cost-effectiveness and timeliness of project delivery,
3 increase revenues, expand the turnpike system's capital
4 program capability, and improve the quality of service to its
5 patrons, while continuing to protect the turnpike system's
6 bondholders and further preserve, expand, and improve the
7 Florida Turnpike System.
8 Section 19. Section 338.2216, Florida Statutes, is
9 created to read:
10 338.2216 Florida Turnpike Enterprise; powers and
11 authority.--
12 (1)(a) In addition to the powers granted to the
13 department, the Florida Turnpike Enterprise has full authority
14 to exercise all powers granted to it under this chapter.
15 Powers shall include, but are not limited to, the ability to
16 plan, construct, maintain, repair, and operate the Florida
17 Turnpike System.
18 (b) It is the express intention of this part that the
19 Florida Turnpike Enterprise be authorized to plan, develop,
20 own, purchase, lease, or otherwise acquire, demolish,
21 construct, improve, relocate, equip, repair, maintain,
22 operate, and manage the Florida Turnpike System; to expend
23 funds to publicize, advertise, and promote the advantages of
24 using the turnpike system and its facilities; and to
25 cooperate, coordinate, partner, and contract with other
26 entities, public and private, to accomplish these purposes.
27 (c) The executive director of the turnpike enterprise
28 shall appoint a staff, which shall be exempt from part II of
29 chapter 110. Among the staff shall be chief financial officer,
30 who must be a proven, effective administrator with
31 demonstrated experience in financial management of a large
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1 bonded capital program and must hold an active license to
2 practice public accounting in Florida pursuant to chapter
3 473. The turnpike enterprise staff shall also include the
4 Office of Toll Operations.
5 (2) The department shall have the authority to employ
6 procurement methods available to the Department of Management
7 Services under chapters 255 and 287 and under any rule adopted
8 under such chapters solely for the benefit of the turnpike
9 enterprise. In order to enhance the effective and efficient
10 operation of the turnpike enterprise, the department may adopt
11 rules for procurement procedures alternative to chapters 255,
12 287, and 337.
13 (3)(a) The turnpike enterprise shall be a single
14 budget entity and shall develop a budget pursuant to chapter
15 216. The turnpike enterprise's budget shall be submitted to
16 the Legislature along with the department's budget.
17 (b) Notwithstanding the provisions of s. 216.301 to
18 the contrary and in accordance with s. 216.351, the Executive
19 Office of the Governor shall, on July 1 of each year, certify
20 forward all unexpended funds appropriated or provided pursuant
21 to this section for the turnpike enterprise. Of the
22 unexpended funds certified forward, any unencumbered amounts
23 shall be carried forward. Such funds carried forward shall
24 not exceed 5 percent of the total operating budget of the
25 turnpike enterprise. Funds carried forward pursuant to this
26 section may be used for any lawful purpose, including, but not
27 limited to, promotional and market activities, technology, and
28 training. Any certified forward funds remaining undisbursed
29 on December 31 of each year shall be carried forward.
30 (4) The powers conferred upon the turnpike enterprise
31 under ss. 338.22-338.241 shall be in addition and supplemental
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1 to the existing powers of the department and the turnpike
2 enterprise, and these powers shall not be construed as
3 repealing any provision of any other law, general or local,
4 but shall supersede such other laws that are inconsistent with
5 the exercise of the powers provided under ss. 338.22-338.241
6 and provide a complete method for the exercise of such powers
7 granted.
8 Section 20. Subsection (4) of section 338.223, Florida
9 Statutes, is amended to read:
10 338.223 Proposed turnpike projects.--
11 (4) The department is authorized, with the approval of
12 the Legislature, to use federal and state transportation funds
13 to lend or pay a portion of the operating, maintenance, and
14 capital costs of turnpike projects. Federal and state
15 transportation funds included in an adopted work program, or
16 the General Appropriations Act, for a turnpike project do not
17 have to be reimbursed to the State Transportation Trust Fund,
18 or used in determining the economic feasibility of the
19 proposed project. For operating and maintenance loans, the
20 maximum net loan amount in any fiscal year shall not exceed
21 1.5 0.5 percent of state transportation tax revenues for that
22 fiscal year.
23 Section 21. Subsection (2) of section 338.227, Florida
24 Statutes, is amended to read:
25 338.227 Turnpike revenue bonds.--
26 (2) The proceeds of the bonds of each issue shall be
27 used solely for the payment of the cost of the turnpike
28 projects for which such bonds shall have been issued, except
29 as provided in the State Bond Act. Such proceeds shall be
30 disbursed and used as provided by ss. 338.22-338.241 and in
31 such manner and under such restrictions, if any, as the
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1 Division of Bond Finance may provide in the resolution
2 authorizing the issuance of such bonds or in the trust
3 agreement hereinafter mentioned securing the same. All
4 revenues and bond proceeds from the turnpike system received
5 by the department pursuant to ss. 338.22-338.241, the Florida
6 Turnpike Enterprise Law, shall be used only for the cost of
7 turnpike projects and turnpike improvements and for the
8 administration, operation, maintenance, and financing of the
9 turnpike system. No revenues or bond proceeds from the
10 turnpike system shall be spent for the operation, maintenance,
11 construction, or financing of any project which is not part of
12 the turnpike system.
13 Section 22. Subsection (2) of section 338.2275,
14 Florida Statutes, is amended to read:
15 338.2275 Approved turnpike projects.--
16 (2) The department is authorized to use turnpike
17 revenues, the State Transportation Trust Fund moneys allocated
18 for turnpike projects pursuant to s. 338.001, federal funds,
19 and bond proceeds, and shall use the most cost-efficient
20 combination of such funds, in developing a financial plan for
21 funding turnpike projects. The department must submit a
22 report of the estimated cost for each ongoing turnpike project
23 and for each planned project to the Legislature 14 days before
24 the convening of the regular legislative session. Verification
25 of economic feasibility and statements of environmental
26 feasibility for individual turnpike projects must be based on
27 the entire project as approved. Statements of environmental
28 feasibility are not required for those projects listed in s.
29 12, chapter 90-136, Laws of Florida, for which the Project
30 Development and Environmental Reports were completed by July
31 1, 1990. All required environmental permits must be obtained
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1 before The department may advertise for bids for contracts for
2 the construction of any turnpike project prior to obtaining
3 required environmental permits.
4 Section 23. Section 338.234, Florida Statutes, is
5 amended to read:
6 338.234 Granting concessions or selling along the
7 turnpike system.--
8 (1) The department may enter into contracts or
9 licenses with any person for the sale of grant concessions or
10 sell services or products or business opportunities on along
11 the turnpike system, or the turnpike enterprise may sell
12 services, products, or business opportunities on the turnpike
13 system, which benefit the traveling public or provide
14 additional revenue to the turnpike system. Services, business
15 opportunities, and products authorized to be sold include, but
16 are not limited to, the sale of motor fuel, vehicle towing,
17 and vehicle maintenance services; the sale of food with
18 attendant nonalcoholic beverages; lodging, meeting rooms, and
19 other business services opportunities; advertising and other
20 promotional opportunities, which advertising and promotions
21 must be consistent with the dignity and integrity of the
22 state; the sale of state lottery tickets sold by authorized
23 retailers; games and amusements that the granting of
24 concessions for amusement devices which operate by the
25 application of skill, not including games of chance as defined
26 in s. 849.16 or other illegal gambling games; the sale of
27 Florida citrus, goods promoting the state, or handmade goods
28 produced within the state; and the granting of concessions for
29 equipment which provides travel information, or tickets,
30 reservations, or other related services; and the granting of
31 concessions which provide banking and other business services.
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1 The department may also provide information centers on the
2 plazas for the benefit of the public.
3 (2) The department may provide an opportunity for
4 governmental agencies to hold public events at turnpike plazas
5 which educate the traveling public as to safety, travel, and
6 tourism.
7 Section 24. Subsection (3) of section 338.235, Florida
8 Statutes, is amended to read:
9 338.235 Contracts with department for provision of
10 services on the turnpike system.--
11 (3) The department may enter into contracts or
12 agreements, with or without competitive bidding or
13 procurement, to make available, on a fair, reasonable,
14 nonexclusive, and nondiscriminatory basis, turnpike property
15 and other turnpike structures, for the placement of wireless
16 facilities by any wireless provider of mobile services as
17 defined in 47 U.S.C. s. 153(n) or s. 332(d), and any
18 telecommunications company as defined in s. 364.02 when it is
19 determined to be practical and feasible to make such property
20 or structures available. The department may, without adopting
21 a rule, charge a just, reasonable, and nondiscriminatory fee
22 for placement of the facilities, payable annually, based on
23 the fair market value of space used by comparable
24 communications facilities in the state. The department and a
25 wireless provider may negotiate the reduction or elimination
26 of a fee in consideration of goods or services service
27 provided to the department by the wireless provider. All such
28 fees collected by the department shall be deposited directly
29 into the State Agency Law Enforcement Radio System Trust Fund
30 and may be used to construct, maintain, or support the system.
31
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1 Section 25. Subsection (2) of section 338.239, Florida
2 Statutes, is amended to read:
3 338.239 Traffic control on the turnpike system.--
4 (2) Members of the Florida Highway Patrol are vested
5 with the power, and charged with the duty, to enforce the
6 rules of the department. Approved expenditures Expenses
7 incurred by the Florida Highway Patrol in carrying out its
8 powers and duties under ss. 338.22-338.241 may be treated as a
9 part of the cost of the operation of the turnpike system, and
10 the Department of Highway Safety and Motor Vehicles shall be
11 reimbursed by the turnpike enterprise Department of
12 Transportation for such expenses incurred on the turnpike
13 system mainline, which is that part of the turnpike system
14 extending from the southern terminus in Florida City to the
15 northern terminus in Wildwood including all contiguous
16 sections. Florida Highway Patrol Troop K shall be
17 headquartered with the turnpike enterprise and shall be the
18 official and preferred law enforcement troop for the turnpike
19 system. The Department of Highway Safety and Motor Vehicles
20 may, upon request of the executive director of the turnpike
21 enterprise and approval of the Legislature, increase the
22 number of authorized positions for Troop K, or the executive
23 director of the turnpike enterprise may contract with the
24 Department of Highway Safety and Motor Vehicles for additional
25 troops to patrol the turnpike system.
26 Section 26. Section 338.241, Florida Statutes, is
27 amended to read:
28 338.241 Cash reserve requirement.--The budget for the
29 turnpike system shall be so planned as to provide for a cash
30 reserve at the end of each fiscal year of not less than 5 10
31 percent of the unpaid balance of all turnpike system
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1 contractual obligations, excluding bond obligations, to be
2 paid from revenues.
3 Section 27. Section 338.251, Florida Statutes, is
4 amended to read:
5 338.251 Toll Facilities Revolving Trust Fund.--The
6 Toll Facilities Revolving Trust Fund is hereby created for the
7 purpose of encouraging the development and enhancing the
8 financial feasibility of revenue-producing road projects
9 undertaken by local governmental entities in a county or
10 combination of contiguous counties and the turnpike
11 enterprise.
12 (1) The department is authorized to advance funds for
13 preliminary engineering, traffic and revenue studies,
14 environmental impact studies, financial advisory services,
15 engineering design, right-of-way map preparation, other
16 appropriate project-related professional services, and
17 advanced right-of-way acquisition to expressway authorities,
18 the turnpike enterprise, counties, or other local governmental
19 entities that desire to undertake revenue-producing road
20 projects.
21 (2) No funds shall be advanced pursuant to this
22 section unless the following is documented to the department:
23 (a) The proposed facility is consistent with the
24 adopted transportation plan of the appropriate metropolitan
25 planning organization and the Florida Transportation Plan.
26 (b) A proposed 2-year budget detailing the use of the
27 cash advance and a project schedule consistent with the
28 budget.
29 (3) Prior to receiving any moneys for advance
30 right-of-way acquisition, it shall be shown that such
31 right-of-way will substantially appreciate prior to
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1 construction and that savings will result from its advance
2 purchase. Any such request for moneys for advance
3 right-of-way acquisition shall be accompanied by a preliminary
4 engineering study, environmental impact study, traffic and
5 revenue study, and right-of-way maps along with either a
6 negotiated contract for purchase of the right-of-way, such
7 contract to include a clause stating that it is subject to
8 funding by the department or the Legislature, or an appraisal
9 of the subject property for purpose of condemnation
10 proceedings.
11 (4) Each advance pursuant to this section shall
12 require repayment out of the initial bond issue revenue or, at
13 the discretion of the governmental entity or the turnpike
14 enterprise of the facility, repayment shall begin no later
15 than 7 years after the date of the advance, provided repayment
16 shall be completed no later than 12 years after the date of
17 the advance. However, such election shall be made at the time
18 of the initial bond issue, and, if repayment is to be made
19 during the time period referred to above, a schedule of such
20 repayment shall be submitted to the department.
21 (5) No amount in excess of $1.5 million annually shall
22 be advanced to any one governmental entity or the turnpike
23 enterprise pursuant to this section without specific
24 appropriation by the Legislature.
25 (6) Funds may not be advanced for funding final design
26 costs beyond 60 percent completion until an acceptable plan to
27 finance all project costs, including the reimbursement of
28 outstanding trust fund advances, is approved by the
29 department.
30 (7) The department may advance funds sufficient to
31 defray shortages in toll revenues of facilities receiving
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1 funds pursuant to this section for the first 5 years of
2 operation, up to a maximum of $5 million per year, to be
3 reimbursed to this fund within 5 years of the last advance
4 hereunder. Any advance under this provision shall require
5 specific appropriation by the Legislature.
6 (8) No expressway authority, county, or other local
7 governmental entity, or the turnpike enterprise, shall be
8 eligible to receive any advance under this section if the
9 expressway authority, county, or other local governmental
10 entity or the turnpike enterprise has failed to repay any
11 previous advances as required by law or by agreement with the
12 department.
13 (9) Repayment of funds advanced, including advances
14 made prior to January 1, 1994, shall not include interest.
15 However, interest accruing to local governmental entities and
16 the turnpike enterprise from the investment of advances shall
17 be paid to the department.
18 (10) Any repayment of prior or future advances made
19 from the State Transportation Trust Fund which were used to
20 fund any project phase of a toll facility, shall be deposited
21 in the Toll Facilities Revolving Trust Fund. However, when
22 funds advanced to the Seminole County Expressway Authority
23 pursuant to this section are repaid to the Toll Facilities
24 Revolving Trust Fund by or on behalf of the Seminole County
25 Expressway Authority, those funds shall thereupon and
26 forthwith be appropriated for and advanced to the Seminole
27 County Expressway Authority for funding the design of and the
28 advanced right-of-way acquisition for that segment of the
29 Seminole County Expressway extending from U.S. Highway 17/92
30 to Interstate Highway 4. Notwithstanding subsection (6), when
31 funds previously advanced to the Orlando-Orange County
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1 Expressway Authority are repaid to the Toll Facilities
2 Revolving Trust Fund by or on behalf of the Orlando-Orange
3 County Expressway Authority, those funds may thereupon and
4 forthwith be appropriated for and advanced to the Seminole
5 County Expressway Authority for funding that segment of the
6 Seminole County Expressway extending from U.S. Highway 17/92
7 to Interstate Highway 4. Any funds advanced to the
8 Tampa-Hillsborough County Expressway Authority pursuant to
9 this section which have been or will be repaid on or after
10 July 1, 1998, to the Toll Facilities Revolving Trust Fund on
11 behalf of the Tampa-Hillsborough County Expressway Authority
12 shall thereupon and forthwith be appropriated for and advanced
13 to the Tampa-Hillsborough County Expressway Authority for
14 funding the design of and the advanced right-of-way
15 acquisition for the Brandon area feeder roads, capital
16 improvements to increase capacity to the expressway system,
17 and Lee Roy Selmon Crosstown Expressway System Widening as
18 authorized under s. 348.565.
19 (11) The department shall adopt rules necessary for
20 the implementation of this section, including rules for
21 project selection and funding.
22 Section 28. Paragraphs (a), (f), and (g) of subsection
23 (4) of section 339.135, Florida Statutes, are amended to read:
24 339.135 Work program; legislative budget request;
25 definitions; preparation, adoption, execution, and
26 amendment.--
27 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
28 (a)1. To assure that no district or county is
29 penalized for local efforts to improve the State Highway
30 System, the department shall, for the purpose of developing a
31 tentative work program, allocate funds for new construction to
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1 the districts, except for the turnpike enterprise district,
2 based on equal parts of population and motor fuel tax
3 collections. Funds for resurfacing, bridge repair and
4 rehabilitation, bridge fender system construction or repair,
5 public transit projects except public transit block grants as
6 provided in s. 341.052, and other programs with quantitative
7 needs assessments shall be allocated based on the results of
8 these assessments. The department may not transfer any funds
9 allocated to a district under this paragraph to any other
10 district except as provided in subsection (7). Funds for
11 public transit block grants shall be allocated to the
12 districts pursuant to s. 341.052.
13 2. Notwithstanding the provisions of subparagraph 1.,
14 the department shall allocate at least 50 percent of any new
15 discretionary highway capacity funds to the Florida Intrastate
16 Highway System established pursuant to s. 338.001. Any
17 remaining new discretionary highway capacity funds shall be
18 allocated to the districts for new construction as provided in
19 subparagraph 1. For the purposes of this subparagraph, the
20 term "new discretionary highway capacity funds" means any
21 funds available to the department above the prior year funding
22 level for capacity improvements, which the department has the
23 discretion to allocate to highway projects.
24 (f) The central office shall submit a preliminary copy
25 of the tentative work program to the Executive Office of the
26 Governor, the legislative appropriations committees, the
27 Florida Transportation Commission, and the Department of
28 Community Affairs at least 14 days prior to the convening of
29 the regular legislative session. Prior to the statewide
30 public hearing required by paragraph (g), the Department of
31 Community Affairs shall transmit to the Florida Transportation
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1 Commission a list of those projects and project phases
2 contained in the tentative work program which are identified
3 as being inconsistent with approved local government
4 comprehensive plans. For urbanized areas of metropolitan
5 planning organizations, the list may not contain any project
6 or project phase that is scheduled in a transportation
7 improvement program unless such inconsistency has been
8 previously reported to the affected metropolitan planning
9 organization. The commission shall consider the list as part
10 of its evaluation of the tentative work program conducted
11 pursuant to s. 20.23.
12 (g)1. The Florida Transportation Commission shall
13 conduct a statewide public hearing on the tentative work
14 program and shall advertise the time, place, and purpose of
15 the hearing in the Florida Administrative Weekly at least 7
16 days prior to the hearing. As part of the statewide public
17 hearing, the commission shall, at a minimum:
18 a.1. Conduct an in-depth evaluation of the tentative
19 work program as required in s. 20.23 for compliance with
20 applicable laws and departmental policies; and
21 b.2. Hear all questions, suggestions, or other
22 comments offered by the public.
23 2. By no later than 14 days after the regular
24 legislative session begins, the commission shall submit to the
25 Executive Office of the Governor and the legislative
26 appropriations committees a report that evaluates the
27 tentative work program for:
28 a. Financial soundness;
29 b. Stability;
30 c. Production capacity;
31
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1 d. Accomplishments, including compliance with program
2 objectives in s. 334.046;
3 e. Compliance with approved local government
4 comprehensive plans;
5 f. Objections and requests by metropolitan planning
6 organizations;
7 g. Policy changes and effects thereof;
8 h. Identification of statewide or regional projects;
9 and
10 i. Compliance with all other applicable laws.
11 Section 29. Subsection (1) of section 553.80, Florida
12 Statutes, is amended to read:
13 553.80 Enforcement.--
14 (1) Except as provided in paragraphs (a)-(f) (a)-(e),
15 each local government and each legally constituted enforcement
16 district with statutory authority shall regulate building
17 construction and, where authorized in the state agency's
18 enabling legislation, each state agency shall enforce the
19 Florida Building Code required by this part on all public or
20 private buildings, structures, and facilities, unless such
21 responsibility has been delegated to another unit of
22 government pursuant to s. 553.79(9).
23 (a) Construction regulations relating to correctional
24 facilities under the jurisdiction of the Department of
25 Corrections and the Department of Juvenile Justice are to be
26 enforced exclusively by those departments.
27 (b) Construction regulations relating to elevator
28 equipment under the jurisdiction of the Bureau of Elevators of
29 the Department of Business and Professional Regulation shall
30 be enforced exclusively by that department.
31
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1 (c) In addition to the requirements of s. 553.79 and
2 this section, facilities subject to the provisions of chapter
3 395 and part II of chapter 400 shall have facility plans
4 reviewed and construction surveyed by the state agency
5 authorized to do so under the requirements of chapter 395 and
6 part II of chapter 400 and the certification requirements of
7 the Federal Government.
8 (d) Building plans approved pursuant to s. 553.77(6)
9 and state-approved manufactured buildings, including buildings
10 manufactured and assembled offsite and not intended for
11 habitation, such as lawn storage buildings and storage sheds,
12 are exempt from local code enforcing agency plan reviews
13 except for provisions of the code relating to erection,
14 assembly, or construction at the site. Erection, assembly, and
15 construction at the site are subject to local permitting and
16 inspections.
17 (e) Construction regulations governing public schools,
18 state universities, and community colleges shall be enforced
19 as provided in subsection (6).
20 (f) The Florida Building Code as it pertains to toll
21 collection facilities under the jurisdiction of the turnpike
22 enterprise of the Department of Transportation shall be
23 enforced exclusively by the turnpike enterprise.
24
25 The governing bodies of local governments may provide a
26 schedule of fees, as authorized by s. 125.56(2) or s. 166.222
27 and this section, for the enforcement of the provisions of
28 this part. Such fees shall be used solely for carrying out
29 the local government's responsibilities in enforcing the
30 Florida Building Code. The authority of state enforcing
31 agencies to set fees for enforcement shall be derived from
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1 authority existing on July 1, 1998. However, nothing contained
2 in this subsection shall operate to limit such agencies from
3 adjusting their fee schedule in conformance with existing
4 authority.
5 Section 30. Except as otherwise provided herein, this
6 act shall take effect July 1, 2002.
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CODING: Words stricken are deletions; words underlined are additions.