House Bill hb0261e2

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                                       CS/HB 261, Second Engrossed



  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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                                       CS/HB 261, Second Engrossed



  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. 337.025, F.S.;

16         eliminating cap on innovative highway projects

17         for the turnpike enterprise; amending s.

18         337.11, F.S.; raising the cap on certain

19         contracts into which the department can enter

20         without first obtaining bids; providing an

21         exemption for a turnpike enterprise project;

22         revising provisions for design-build contracts;

23         amending s. 337.185, F.S.; clarifying

24         application of limitation on certain claims

25         brought before the State Arbitration Board;

26         amending s. 338.22, F.S.; redesignating the

27         Florida Turnpike Law as the Florida Turnpike

28         Enterprise Law; amending s. 338.221, F.S.;

29         redefining the term "economically feasible" as

30         used with respect to turnpike projects;

31         creating s. 338.2215, F.S.; providing


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                                       CS/HB 261, Second Engrossed



  1         legislative findings, policy, purpose, and

  2         intent for the Florida Turnpike Enterprise;

  3         creating s. 338.2216, F.S.; prescribing the

  4         power and authority of the turnpike enterprise;

  5         amending s. 338.223, F.S.; increasing the

  6         maximum loan amount for the turnpike

  7         enterprise; amending ss. 338.165 and 338.227,

  8         F.S.; conforming provisions; amending s.

  9         338.234, F.S.; authorizing the turnpike

10         enterprise to expand business opportunities;

11         prohibiting the department from exercising its

12         powers of eminent domain solely to acquire

13         property for business opportunities on the

14         Florida Turnpike; deleting obsolete language;

15         amending s. 338.235, F.S.; authorizing the

16         consideration of goods instead of fees;

17         amending s. 338.239, F.S.; providing that

18         approved expenditure to the Florida Highway

19         Patrol be paid by the turnpike enterprise;

20         amending s. 338.241, F.S.; lowering the

21         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; creating s. 339.141, F.S.;

30         creating the Regional Transportation Act;

31         providing program purpose; creating the


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                                       CS/HB 261, Second Engrossed



  1         Regional Transportation Advisory Council;

  2         providing for membership, meetings, and staff

  3         support of the council; providing duties;

  4         requiring recommendation of regional

  5         transportation projects; providing criteria and

  6         procedures for approval of Regional

  7         Transportation Act grant projects; providing

  8         for approval by the department secretary, who

  9         then submits the list to the Legislature;

10         providing for funding; providing for allocation

11         of funds from the State Transportation Trust

12         Fund; limiting application of certain

13         requirements; creating s. 339.142, F.S.;

14         providing for designation as a regional

15         transportation corridor; providing a

16         definition; designating certain infrastructure

17         as such corridors; authorizing the council to

18         designate such corridors; creating s. 339.143,

19         F.S.; creating Regional Transportation Act

20         grants; providing legislative findings and

21         purpose; providing criteria for program

22         eligibility; providing for recommendation by

23         the council and approval by the Legislature;

24         providing for funding; amending s. 339.2817,

25         F.S.; adding new criteria to the COunty

26         Incentive Grant Program;amending s. 339.08,

27         F.S.; revising provisions relating to use of

28         moneys in the  State Transportation Trust Fund;

29         correcting references; amending s. 339.1371,

30         F.S.; deleting provisions for funding the

31         Transportation Outreach Program; amending s.


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                                       CS/HB 261, Second Engrossed



  1         215.211, F.S.; clarifying intent to use certain

  2         local-option fuel tax revenues; specifying

  3         funding for the County Incentive Grant Program

  4         and the Small County Outreach Program;

  5         repealing s. 339.137, F.S., relating to the

  6         Transportation Outreach Program; providing

  7         funds for certain county incentive programs;

  8         creating the "Florida High-Speed Rail Authority

  9         Act"; creating s. 341.8201, F.S.; providing a

10         short title; creating s. 341.8202, F.S.;

11         providing legislative findings, policy,

12         purpose, and intent with respect to the

13         development, design, financing, construction,

14         and operation of a high-speed rail system in

15         the state; creating s. 341.8203, F.S.;

16         providing definitions; amending s. 341.821,

17         F.S., relating to the creation of the Florida

18         High-Speed Rail Authority; removing obsolete

19         provisions; amending s. 341.822, F.S.; revising

20         and providing additional powers and duties of

21         the authority; amending s. 341.823, F.S.;

22         revising the criteria for assessment and

23         recommendations with respect to the

24         establishment of the high-speed rail system;

25         requiring the authority to establish specified

26         requirements; requiring the authority to

27         develop a specified plan, study, and estimates;

28         amending s. 341.824, F.S.; specifying types of

29         technical, scientific, or other assistance to

30         be provided by the Department of Community

31         Affairs and the Department of Environmental


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                                       CS/HB 261, Second Engrossed



  1         Protection; creating s. 341.827, F.S.;

  2         providing for determination of service areas

  3         and the order of system segment construction;

  4         creating s. 341.828, F.S.; authorizing the

  5         authority to utilize existing permitting

  6         processes; requiring cooperation between the

  7         authority and metropolitan planning

  8         organizations; creating s. 341.829, F.S.;

  9         requiring the authority, in conjunction with

10         the Executive Office of the Governor, the

11         Department of Community Affairs, and the

12         Department of Environmental Protection, to

13         develop and implement a process to mitigate and

14         resolve conflicts between the system and growth

15         management requirements and environmental

16         standards; providing time limits for the filing

17         of and response to specified complaints;

18         creating s. 341.830, F.S.; authorizing the

19         authority to employ specified procurement

20         methods; providing for the adoption of rules;

21         authorizing the authority to procure

22         commodities and services for the designing,

23         building, financing, maintenance, operation,

24         and implementation of a high-speed rail system;

25         creating s. 341.831, F.S.; authorizing the

26         authority to prequalify interested persons or

27         entities prior to seeking proposals for the

28         design, construction, operation, maintenance,

29         and financing of the high-speed rail system;

30         providing for the establishment of qualifying

31         criteria; creating s. 341.832, F.S.;


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                                       CS/HB 261, Second Engrossed



  1         authorizing the authority to develop and

  2         execute a request for qualifications process;

  3         creating s. 341.833, F.S.; authorizing the

  4         authority to develop and execute a request for

  5         proposals process to seek a person or entity to

  6         design, build, operate, maintain, and finance a

  7         high-speed rail system; creating s. 341.834,

  8         F.S.; providing for award of a conditional

  9         contract; providing contract requirements;

10         prohibiting transfer of system property without

11         written approval; creating s. 341.835, F.S.;

12         authorizing the authority to purchase, lease,

13         exchange, or acquire land, property, or

14         buildings necessary to secure or utilize

15         rights-of-way for high-speed rail system

16         facilities; providing that the authority is not

17         subject to specified liability; authorizing the

18         authority and the Department of Environmental

19         Protection to enter into certain interagency

20         agreements; providing for the disposal of

21         interest in property; authorizing agents and

22         employees of the authority to enter upon

23         certain property; authorizing the authority to

24         accept donations of real property; creating s.

25         341.836, F.S.; authorizing the authority to

26         undertake the development of associated

27         developments; providing requirements of

28         associated developments; creating s. 341.837,

29         F.S.; providing for payment of expenses

30         incurred in carrying out the act; creating s.

31         341.838, F.S.; authorizing the authority to


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                                       CS/HB 261, Second Engrossed



  1         fix, revise, charge, collect, and adjust rates,

  2         rents, fees, charges, and revenues, and to

  3         enter into contracts; providing for annual

  4         review by the authority of rates, rents, fees,

  5         and charges; providing for uses of revenues;

  6         creating s. 341.839, F.S.; providing that the

  7         act is supplemental and additional to powers

  8         conferred by other laws; exempting powers of

  9         the authority from specified supervision,

10         approval, or consent; creating s. 341.840,

11         F.S.; providing tax exemptions for property

12         acquired or used by the authority or specified

13         income; creating s. 341.841, F.S.; requiring

14         the authority to prepare and submit a report;

15         providing for an annual audit; creating s.

16         341.842, F.S.; providing construction of the

17         act; amending s. 288.109, F.S.; removing a

18         cross reference; amending s. 334.30, F.S.;

19         removing a cross reference; amending s.

20         337.251, F.S.; removing a cross reference;

21         amending s. 341.501, F.S.; providing that

22         specified actions do not apply to the Florida

23         High-Speed Rail Authority Act; repealing s.

24         341.3201, F.S., relating to the short title for

25         ss. 341.3201-341.386, F.S., the "Florida

26         High-Speed Rail Transportation Act"; repealing

27         s. 341.321, F.S., relating to legislative

28         findings, policy, purpose, and intent with

29         respect to the development of a high-speed rail

30         transportation system connecting the major

31         urban areas of the state; repealing s. 341.322,


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                                       CS/HB 261, Second Engrossed



  1         F.S., relating to definitions of terms;

  2         repealing s. 341.325, F.S., relating to special

  3         powers and duties of the Department of

  4         Transportation; repealing s. 341.327, F.S.,

  5         which provides that the Florida High-Speed Rail

  6         Transportation Act is the sole and exclusive

  7         determination of need for any high-speed rail

  8         transportation system established under the

  9         act, thereby preempting specified

10         determinations of need; repealing s. 341.329,

11         F.S., relating to the issuance of bonds to

12         finance a high-speed rail transportation

13         system; repealing s. 341.331, F.S., relating to

14         designation of the areas of the state to be

15         served by the high-speed rail transportation

16         system and designation of termini; repealing s.

17         341.332, F.S., relating to the award of

18         franchises by the Department of Transportation

19         to establish a high-speed rail transportation

20         system; repealing s. 341.3331, F.S., relating

21         to request for proposals; repealing s.

22         341.3332, F.S., relating to notice of issuance

23         of request for proposals; repealing s.

24         341.3333, F.S., relating to requirements with

25         respect to an application for franchise, and

26         confidentiality of the application and portions

27         of the application relating to trade secrets;

28         repealing s. 341.3334, F.S., relating to the

29         departmental review process of application for

30         franchise; repealing s. 341.3335, F.S.,

31         relating to interagency coordination of


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                                       CS/HB 261, Second Engrossed



  1         franchise application review; repealing s.

  2         341.3336, F.S., relating to public meetings on

  3         franchise applications; repealing s. 341.3337,

  4         F.S., relating to determination and award of

  5         franchise; repealing s. 341.3338, F.S.,

  6         relating to effect of franchise; repealing s.

  7         341.3339, F.S., relating to postfranchise

  8         agreements; repealing s. 341.334, F.S.,

  9         relating to the powers and duties of the

10         Department of Transportation with respect to

11         the act; repealing s. 341.335, F.S., relating

12         to the powers and duties of the Florida Land

13         and Water Adjudicatory Commission sitting as

14         the board; repealing s. 341.336, F.S., relating

15         to the powers and duties of the Department of

16         Environmental Protection, the Department of

17         Community Affairs, and other affected agencies;

18         repealing s. 341.3365, F.S., relating to

19         certification procedures; repealing s. 341.342,

20         F.S., relating to agreements concerning

21         contents of certification application and

22         supporting documentation; repealing s. 341.343,

23         F.S., relating to review of certification

24         applications; repealing s. 341.344, F.S.,

25         relating to the establishment, composition,

26         organization, and duties of the Citizens'

27         Planning and Environmental Advisory Committee;

28         repealing s. 341.345, F.S., relating to

29         alternate corridors or transit station

30         locations; repealing s. 341.346, F.S., relating

31         to the powers and duties of an administrative


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                                       CS/HB 261, Second Engrossed



  1         law judge appointed to conduct hearings under

  2         the act; repealing s. 341.3465, F.S., relating

  3         to alteration of time limitations specified by

  4         the act; repealing s. 341.347, F.S., relating

  5         to required combined public meetings and land

  6         use and zoning hearings to be conducted by

  7         local governments; repealing s. 341.348, F.S.,

  8         relating to reports and studies required of

  9         various agencies by the act; repealing s.

10         341.351, F.S., relating to publication and

11         contents of notice of certification application

12         and proceedings; repealing s. 341.352, F.S.,

13         relating to certification hearings; repealing

14         s. 341.353, F.S., relating to final disposition

15         of certification applications; repealing s.

16         341.363, F.S., relating to the effect of

17         certification; repealing s. 341.364, F.S.,

18         relating to a franchisee's right to appeal to

19         the Florida Land and Water Adjudicatory

20         Commission under specified circumstances;

21         repealing s. 341.365, F.S., relating to

22         associated development; repealing s. 341.366,

23         F.S., relating to recording of notice of

24         certified corridor route; repealing s. 341.368,

25         F.S., relating to modification of certification

26         or franchise; repealing s. 341.369, F.S.,

27         relating to fees imposed by the department and

28         the disposition of such fees; repealing s.

29         341.371, F.S., relating to revocation or

30         suspension of franchise or certification;

31         repealing s. 341.372, F.S., relating to


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                                       CS/HB 261, Second Engrossed



  1         imposition by the department of specified

  2         administrative fines in lieu of revocation or

  3         suspension of franchise; repealing s. 341.375,

  4         F.S., relating to the required participation by

  5         women, minorities, and economically

  6         disadvantaged individuals in all phases of the

  7         design, construction, maintenance, and

  8         operation of a high-speed rail transportation

  9         system developed under the act, and required

10         plans for compliance by franchisees; repealing

11         s. 341.381, F.S., relating to applicability of

12         the act; repealing s. 341.382, F.S., relating

13         to laws and regulations superseded by the act;

14         repealing s. 341.383, F.S., relating to the

15         authority of local governments to assess

16         specified fees; repealing s. 341.386, F.S.,

17         relating to the admissibility of the award of a

18         franchise and of a certification under the act

19         in eminent domain proceedings; providing

20         effective dates.

21

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

23

24         Section 1.  Subsection (4) of section 20.23, Florida

25  Statutes, is amended to read:

26         20.23  Department of Transportation.--There is created

27  a Department of Transportation which shall be a decentralized

28  agency.

29         (4)(a)  The operations of the department shall be

30  organized into seven eight districts, including a turnpike

31  district, each headed by a district secretary and a turnpike


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                                       CS/HB 261, Second Engrossed



  1  enterprise, headed by an executive director. The district

  2  secretaries shall report to the Assistant Secretary for

  3  District Operations. The headquarters of the districts shall

  4  be located in Polk, Columbia, Washington, Broward, Volusia,

  5  Dade, and Hillsborough, and Leon Counties. The headquarters of

  6  the turnpike enterprise shall be located in Orange County. The

  7  turnpike district must be relocated to Orange County in the

  8  year 2000. In order to provide for efficient operations and to

  9  expedite the decisionmaking process, the department shall

10  provide for maximum decentralization to the districts.

11  However, before making a decision to centralize or

12  decentralize department operations or relocate the turnpike

13  district, the department must first determine if the decision

14  would be cost-effective and in the public's best interest. The

15  department shall periodically evaluate such decisions to

16  ensure that they are appropriate.

17         (b)  The primary responsibility for the implementation

18  of the department's transportation programs shall be delegated

19  by the secretary to the district secretaries, and sufficient

20  authority shall be vested in each district to ensure adequate

21  control of the resources commensurate with the delegated

22  responsibility.  Each district secretary shall also be

23  accountable for ensuring their district's quality of

24  performance and compliance with all laws, rules, policies, and

25  procedures related to the operation of the department.

26         (c)  Each district secretary may appoint a district

27  director for planning and programming, a district director for

28  production, and a district director for operations. These

29  positions are exempt from part II of chapter 110.

30         (d)  Within each district, offices shall be established

31  for managing major functional responsibilities of the


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                                       CS/HB 261, Second Engrossed



  1  department. The offices may include planning, design,

  2  construction, right-of-way, maintenance, and public

  3  transportation.  The heads of these offices shall be exempt

  4  from part II of chapter 110.

  5         (e)  The district director for the Fort Myers Urban

  6  Office of the Department of Transportation is responsible for

  7  developing the 5-year Transportation Plan for Charlotte,

  8  Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort

  9  Myers Urban Office also is responsible for providing policy,

10  direction, local government coordination, and planning for

11  those counties.

12         (f)1.  The responsibility for the turnpike system shall

13  be delegated by the secretary to the executive director of the

14  turnpike enterprise, who shall serve at the pleasure of the

15  secretary. The executive director shall report directly to the

16  secretary, and the turnpike enterprise shall operate pursuant

17  to ss. 338.22-338.241.

18         2.  To facilitate the most efficient and effective

19  management of the turnpike enterprise, including the use of

20  best business practices employed by the private sector, the

21  turnpike enterprise, except as provided in s. 287.055, shall

22  be exempt from departmental policies, procedures, and

23  standards, subject to the secretary having the authority to

24  apply any such policies, procedures, and standards to the

25  turnpike enterprise from time to time as deemed appropriate.

26         3.  To enhance the ability of the turnpike enterprise

27  to use best business practices employed by the private sector,

28  the secretary shall promulgate rules which exempt the turnpike

29  enterprise from department rules and authorize the turnpike

30  enterprise to employ procurement methods available to the

31


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                                       CS/HB 261, Second Engrossed



  1  private sector, provided those methods are not in conflict

  2  with s. 287.055.

  3         Section 2.  Subsection (2) of section 206.46, Florida

  4  Statutes, is amended to read:

  5         206.46  State Transportation Trust Fund.--

  6         (2)  Notwithstanding any other provisions of law, from

  7  the revenues deposited into the State Transportation Trust

  8  Fund a maximum of 7 percent in each fiscal year shall be

  9  transferred into the Right-of-Way Acquisition and Bridge

10  Construction Trust Fund created in s. 215.605, as needed to

11  meet the requirements of the documents authorizing the bonds

12  issued or proposed to be issued under ss. 215.605 and 337.276

13  or at a minimum amount sufficient to pay for the debt service

14  coverage requirements of outstanding bonds.  Notwithstanding

15  the 7 percent annual transfer authorized in this subsection,

16  the annual amount transferred under this subsection shall not

17  exceed an amount necessary to provide the required debt

18  service coverage levels for a maximum debt service not to

19  exceed $200 $135 million.  Such transfer shall be payable

20  primarily from the motor and diesel fuel taxes transferred to

21  the State Transportation Trust Fund from the Fuel Tax

22  Collection Trust Fund.

23         Section 3.  Paragraph (b) of subsection (1) and

24  subsection (8) of section 316.302, Florida Statutes, are

25  amended to read:

26         316.302  Commercial motor vehicles; safety regulations;

27  transporters and shippers of hazardous materials;

28  enforcement.--

29         (1)

30         (b)  Except as otherwise provided in this section, all

31  owners or drivers of commercial motor vehicles that are


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                                       CS/HB 261, Second Engrossed



  1  engaged in intrastate commerce are subject to the rules and

  2  regulations contained in 49 C.F.R. parts 382, 385, and

  3  390-397, with the exception of 49 C.F.R. s. 390.5 as it

  4  relates to the definition of bus, as such rules and

  5  regulations existed on October 1, 2001 March 1, 1999.

  6         (8)  For the purpose of enforcing this section, any law

  7  enforcement officer agent of the Department of Transportation

  8  or duly appointed agent who holds a current safety inspector

  9  certification from the Commercial Vehicle Safety Alliance may

10  require the driver of any commercial vehicle operated on the

11  highways of this state to stop and submit to an inspection of

12  the vehicle or the driver's records described in s.

13  316.545(9), any member of the Florida Highway Patrol, or any

14  person employed by a sheriff's office or municipal police

15  department who is authorized to enforce the traffic laws of

16  this state pursuant to s. 316.640 may enforce the provisions

17  of this section.  Any officer of the Department of

18  Transportation described in s. 316.545(9), any member of the

19  Florida Highway Patrol, or any law enforcement officer

20  employed by a sheriff's office or municipal police department

21  authorized to enforce the traffic laws of this state pursuant

22  to s. 316.640, who has reason to believe that a vehicle or

23  driver is operating in an unsafe condition, may require the

24  driver to stop and submit to an inspection of the vehicle or

25  the driver's records.  Any person who fails to comply with an

26  officer's request to submit to an inspection under this

27  subsection is guilty of a violation of s. 843.02 if the driver

28  resists the officer without violence or a violation of s.

29  843.01 if the driver resists the officer with violence.  If

30  the vehicle or driver is found to be operating in an unsafe

31  condition, or if any required part or equipment is not present


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                                       CS/HB 261, Second Engrossed



  1  or is not in proper repair or adjustment, and the continued

  2  operation would probably present an unduly hazardous operating

  3  condition, the officer may require the vehicle or the driver

  4  to be removed from service pursuant to the North American

  5  Uniform Out-of-Service Criteria, until corrected. However, if

  6  continuous operation would not present an unduly hazardous

  7  operating condition, the officer may give written notice

  8  requiring correction of the condition to require proper repair

  9  and adjustment of the vehicle within 14 days.

10         (a)  Any member of the Florida Highway Patrol or any

11  law enforcement officer employed by a sheriff's office or

12  municipal police department authorized to enforce the traffic

13  laws of this state pursuant to s. 316.640 who has reason to

14  believe that a vehicle or driver is operating in an unsafe

15  condition may, as provided in subsection (10), enforce the

16  provisions of this section.

17         (b)  Any person who fails to comply with an officer's

18  request to submit to an inspection under this subsection

19  commits a violation of s. 843.02 if the person resists the

20  officer without violence or a violation of s. 843.01 if the

21  person resists the officer with violence.

22         Section 4.  Paragraph (a) of subsection (3) of section

23  316.3025, Florida Statutes, is amended to read:

24         316.3025  Penalties.--

25         (3)(a)  A civil penalty of $50 may be assessed for a

26  violation of 49 C.F.R. s. 390.21 s. 316.3027.

27         Section 5.  Subsection (2) of section 316.515, Florida

28  Statutes, is amended to read:

29         316.515  Maximum width, height, length.--

30         (2)  HEIGHT LIMITATION.--No vehicle may exceed a height

31  of 13 feet 6 inches, inclusive of load carried thereon.


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                                       CS/HB 261, Second Engrossed



  1  However, an automobile transporter may, with a permit from the

  2  Department of Transportation, measure a height not to exceed

  3  14 feet, inclusive of the load carried thereon.

  4         Section 6.  Subsection (6) of section 316.535, Florida

  5  Statutes, is renumbered as subsection (7), present subsection

  6  (7) is renumbered as subsection (8) and amended, and a new

  7  subsection (6) is added to said section, to read:

  8         316.535  Maximum weights.--

  9         (6)  Dump trucks, concrete mixing trucks, trucks

10  engaged in waste collection and disposal, and fuel oil and

11  gasoline trucks designed and constructed for special type work

12  or use, when operated as a single unit, shall be subject to

13  all safety and operational requirements of law, except that

14  any such vehicle need not conform to the axle spacing

15  requirements of this section provided that such vehicle shall

16  be limited to a total gross load, including the weight of the

17  vehicle, of 20,000 pounds per axle plus scale tolerances and

18  shall not exceed 550 pounds per inch width tire surface plus

19  scale tolerances. No vehicle operating pursuant to this

20  section shall exceed a gross weight, including the weight of

21  the vehicle and scale tolerances, of 70,000 pounds. Any

22  vehicle violating the weight provisions of this section shall

23  be penalized as provided in s. 316.545.

24         (7)(6)  The Department of Transportation shall adopt

25  rules to implement this section, shall enforce this section

26  and the rules adopted hereunder, and shall publish and

27  distribute tables and other publications as deemed necessary

28  to inform the public.

29         (8)(7)  Except as hereinafter provided, no vehicle or

30  combination of vehicles exceeding the gross weights specified

31


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                                       CS/HB 261, Second Engrossed



  1  in subsections (3), (4), and (5), and (6) shall be permitted

  2  to travel on the public highways within the state.

  3         Section 7.  Paragraph (a) of subsection (2) and

  4  paragraph (a) of subsection (4) of section 316.545, Florida

  5  Statutes, are amended to read:

  6         316.545  Weight and load unlawful; special fuel and

  7  motor fuel tax enforcement; inspection; penalty; review.--

  8         (2)(a)  Whenever an officer, upon weighing a vehicle or

  9  combination of vehicles with load, determines that the axle

10  weight or gross weight is unlawful, the officer may require

11  the driver to stop the vehicle in a suitable place and remain

12  standing until a determination can be made as to the amount of

13  weight thereon and, if overloaded, the amount of penalty to be

14  assessed as provided herein. However, any gross weight over

15  and beyond 6,000 pounds beyond the maximum herein set shall be

16  unloaded and all material so unloaded shall be cared for by

17  the owner or operator of the vehicle at the risk of such owner

18  or operator.  Except as otherwise provided in this chapter, to

19  facilitate compliance with and enforcement of the weight

20  limits established in s. 316.535, weight tables published

21  pursuant to s. 316.535(7)(6) shall include a 10-percent scale

22  tolerance and shall thereby reflect the maximum scaled weights

23  allowed any vehicle or combination of vehicles.  As used in

24  this section, scale tolerance means the allowable deviation

25  from legal weights established in s. 316.535.  Notwithstanding

26  any other provision of the weight law, if a vehicle or

27  combination of vehicles does not exceed the gross, external

28  bridge, or internal bridge weight limits imposed in s. 316.535

29  and the driver of such vehicle or combination of vehicles can

30  comply with the requirements of this chapter by shifting or

31  equalizing the load on all wheels or axles and does so when


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                                       CS/HB 261, Second Engrossed



  1  requested by the proper authority, the driver shall not be

  2  held to be operating in violation of said weight limits.

  3         (4)(a)  No commercial vehicle, as defined in s.

  4  316.003(66), shall be operated over the highways of this state

  5  unless it has been properly registered under the provisions of

  6  s. 207.004. Whenever any law enforcement officer identified in

  7  s. 207.023(1), upon inspecting the vehicle or combination of

  8  vehicles, determines that the vehicle is in violation of s.

  9  207.004, a penalty in the amount of $50 shall be assessed, and

10  the vehicle may shall be detained until payment is collected

11  by the law enforcement officer.

12         Section 8.  Subsection (31) is added to section

13  334.044, Florida Statutes, to read:

14         334.044  Department; powers and duties.--The department

15  shall have the following general powers and duties:

16         (31)  In order to fulfill the department's mission to

17  provide a safe and efficient transportation system, the

18  department's Office of Motor Carrier Compliance may employ

19  sworn law enforcement officers, certified in accordance with

20  chapter 943, to enforce the traffic and criminal laws of this

21  state. Such officers shall have full law enforcement powers

22  granted to other peace officers of this state, including

23  making arrests, carrying firearms, serving court process, and

24  seizing vehicles defined as contraband under s. 319.33,

25  illegal drugs, stolen property, and the proceeds of illegal

26  activities. Officers appointed under this section have the

27  primary responsibility for enforcing laws relating to size and

28  weight of commercial motor vehicles; safety, traffic, tax, and

29  registration of commercial motor vehicles; interdiction of

30  vehicles defined as contraband under s. 319.33, illegal drugs,

31  and stolen property; and violations that threaten the overall


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                                       CS/HB 261, Second Engrossed



  1  security and safety of Florida's transportation infrastructure

  2  and the motoring public. The office is also authorized to

  3  appoint part-time or auxiliary law enforcement officers

  4  pursuant to chapter 943 and to provide compensation in

  5  accordance with law.

  6         Section 9.  Section 337.025, Florida Statutes, is

  7  amended to read:

  8         337.025  Innovative highway projects; department to

  9  establish program.--The department is authorized to establish

10  a program for highway projects demonstrating innovative

11  techniques of highway construction, maintenance, and finance

12  which have the intended effect of controlling time and cost

13  increases on construction projects.  Such techniques may

14  include, but are not limited to, state-of-the-art technology

15  for pavement, safety, and other aspects of highway

16  construction and maintenance; innovative bidding and financing

17  techniques; accelerated construction procedures; and those

18  techniques that have the potential to reduce project life

19  cycle costs.  To the maximum extent practical, the department

20  must use the existing process to award and administer

21  construction and maintenance contracts.  When specific

22  innovative techniques are to be used, the department is not

23  required to adhere to those provisions of law that would

24  prevent, preclude, or in any way prohibit the department from

25  using the innovative technique.  However, prior to using an

26  innovative technique that is inconsistent with another

27  provision of law, the department must document in writing the

28  need for the exception and identify what benefits the

29  traveling public and the affected community are anticipated to

30  receive. The department may enter into no more than $120

31  million in contracts annually for the purposes authorized by


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                                       CS/HB 261, Second Engrossed



  1  this section. However, the annual cap on contracts provided in

  2  this section shall not apply to turnpike enterprise projects

  3  nor shall turnpike enterprise projects be counted toward the

  4  department's annual cap.

  5         Section 10.  Paragraph (c) of subsection (3) and

  6  paragraph (c) of subsection (6) of section 337.11, Florida

  7  Statutes, are amended to read:

  8         337.11  Contracting authority of department; bids;

  9  emergency repairs, supplemental agreements, and change orders;

10  combined design and construction contracts; progress payments;

11  records; requirements of vehicle registration.--

12         (3)

13         (c)  No advertisement for bids shall be published and

14  no bid solicitation notice shall be provided until title to

15  all necessary rights-of-way and easements for the construction

16  of the project covered by such advertisement or notice has

17  vested in the state or a local governmental entity, and all

18  railroad crossing and utility agreements have been executed.

19  The turnpike enterprise is exempt from this paragraph for a

20  turnpike enterprise project. Title to all necessary

21  rights-of-way shall be deemed to have been vested in the State

22  of Florida when such title has been dedicated to the public or

23  acquired by prescription.

24         (6)

25         (c)  When the department determines that it is in the

26  best interest of the public for reasons of public concern,

27  economy, improved operations or safety, and only when

28  circumstances dictate rapid completion of the work, the

29  department may, up to the threshold amount of $120,000

30  provided in s. 287.017 for CATEGORY FOUR, enter into contracts

31  for construction and maintenance without advertising and


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                                       CS/HB 261, Second Engrossed



  1  receiving competitive bids. However, if legislation is enacted

  2  by the Legislature which changes the category thresholds, the

  3  threshold amount shall remain at $60,000. The department may

  4  enter into such contracts only upon a determination that the

  5  work is necessary for one of the following reasons:

  6         1.  To ensure timely completion of projects or

  7  avoidance of undue delay for other projects;

  8         2.  To accomplish minor repairs or construction and

  9  maintenance activities for which time is of the essence and

10  for which significant cost savings would occur; or

11         3.  To accomplish nonemergency work necessary to ensure

12  avoidance of adverse conditions that affect the safe and

13  efficient flow of traffic.

14

15  The department shall make a good faith effort to obtain two or

16  more quotes, if available, from qualified contractors before

17  entering into any contract. The department shall give

18  consideration to disadvantaged business enterprise

19  participation. However, when the work exists within the limits

20  of an existing contract, the department shall make a good

21  faith effort to negotiate and enter into a contract with the

22  prime contractor on the existing contract.

23         Section 11.  Effective July 1, 2003, paragraph (a) of

24  subsection (7) of section 337.11, Florida Statutes, as amended

25  by section 4 of chapter 2001-350, Laws of Florida, is amended

26  to read:

27         337.11  Contracting authority of department; bids;

28  emergency repairs, supplemental agreements, and change orders;

29  combined design and construction contracts; progress payments;

30  records; requirements of vehicle registration.--

31


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                                       CS/HB 261, Second Engrossed



  1         (7)(a)  If the head of the department determines that

  2  it is in the best interests of the public, the department may

  3  combine the right-of-way services and design and construction

  4  phases of a building, a major bridge, a limited access

  5  facility, or a rail corridor project into a single contract.

  6  Such contract is referred to as a design-build contract.

  7  Design-build contracts may be advertised and awarded

  8  notwithstanding the requirements of paragraph (3)(c). However,

  9  construction activities may not begin on any portion of such

10  projects until title to the necessary rights-of-way and

11  easements for the construction of that portion of the project

12  has vested in the state or a local governmental entity and all

13  railroad crossing and utility agreements have been executed.

14  Title to rights-of-way vests in the state when the title has

15  been dedicated to the public or acquired by prescription.

16         Section 12.  Effective July 1, 2005, paragraph (a) of

17  subsection (7) of section 337.11, Florida Statutes, as amended

18  by this act, is amended to read:

19         337.11  Contracting authority of department; bids;

20  emergency repairs, supplemental agreements, and change orders;

21  combined design and construction contracts; progress payments;

22  records; requirements of vehicle registration.--

23         (7)(a)  If the head of the department determines that

24  it is in the best interests of the public, the department may

25  combine the right-of-way services and design and construction

26  phases of a building, a major bridge, a limited access

27  facility, or a rail corridor project into a single contract.

28  Such contract is referred to as a design-build contract.

29  Design-build contracts may be advertised and awarded

30  notwithstanding the requirements of paragraph (3)(c). However,

31  construction activities may not begin on any portion of such


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                                       CS/HB 261, Second Engrossed



  1  projects until title to the necessary rights-of-way and

  2  easements for the construction of that portion of the project

  3  has vested in the state or a local governmental entity and all

  4  railroad crossing and utility agreements have been executed.

  5  Title to rights-of-way vests in the state when the title has

  6  been dedicated to the public or acquired by prescription.

  7         Section 13.  Subsection (3) of section 337.185, Florida

  8  Statutes, is amended to read:

  9         337.185  State Arbitration Board.--

10         (3)  A hearing may be requested by the department or by

11  a contractor who has a dispute with the department which,

12  under the rules of the board, may be the subject of

13  arbitration.  The request is to be made to the board within

14  820 days after the final acceptance of the work for all

15  contracts entered into after June 30, 1993. The board shall

16  conduct the hearing within 45 days of the request.  The party

17  requesting the board's consideration shall give notice of the

18  hearing to each member.  If the board finds that a third party

19  is necessary to resolve the dispute, the board may vote to

20  dismiss the claim, which may thereafter be pursued in

21  accordance with the laws of the State of Florida.

22         Section 14.  Subsection (7) of section 338.165, Florida

23  Statutes, is amended to read:

24         338.165  Continuation of tolls.--

25         (7)  This section does not apply to the turnpike system

26  as defined under the Florida Turnpike Enterprise Law.

27         Section 15.  Section 338.22, Florida Statutes, is

28  amended to read:

29         338.22  Florida Turnpike Enterprise Law; short

30  title.--Sections 338.22-338.241 may be cited as the "Florida

31  Turnpike Enterprise Law."


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                                       CS/HB 261, Second Engrossed



  1         Section 16.  Section 338.221, Florida Statutes, is

  2  amended to read:

  3         338.221  Definitions of terms used in ss.

  4  338.22-338.241.--As used in ss. 338.22-338.241, the following

  5  words and terms have the following meanings, unless the

  6  context indicates another or different meaning or intent:

  7         (1)  "Bonds" or "revenue bonds" means notes, bonds,

  8  refunding bonds or other evidences of indebtedness or

  9  obligations, in either temporary or definitive form, issued by

10  the Division of Bond Finance on behalf of the department and

11  authorized under the provisions of ss. 338.22-338.241 and the

12  State Bond Act.

13         (2)  "Cost," as applied to a turnpike project, includes

14  the cost of acquisition of all land, rights-of-way, property,

15  easements, and interests acquired by the department for

16  turnpike project construction; the cost of such construction;

17  the cost of all machinery and equipment, financing charges,

18  fees, and expenses related to the financing; establishment of

19  reserves to secure bonds; interest prior to and during

20  construction and for such period after completion of

21  construction as shall be determined by the department; the

22  cost of traffic estimates and of engineering and legal

23  expenses, plans, specifications, surveys, estimates of cost

24  and revenues; other expenses necessary or incident to

25  determining the feasibility or practicability of acquiring or

26  constructing any such turnpike project; administrative

27  expenses; and such other expenses as may be necessary or

28  incident to the acquisition or construction of a turnpike

29  project, the financing of such acquisition or construction,

30  and the placing of the turnpike project in operation.

31


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                                       CS/HB 261, Second Engrossed



  1         (3)  "Feeder road" means any road no more than 5 miles

  2  in length, connecting to the turnpike system which the

  3  department determines is necessary to create or facilitate

  4  access to a turnpike project.

  5         (4)  "Owner" includes any person or any governmental

  6  entity that has title to, or an interest in, any property,

  7  right, easement, or interest authorized to be acquired

  8  pursuant to ss. 338.22-338.241.

  9         (5)  "Revenues" means all tolls, charges, rentals,

10  gifts, grants, moneys, and other funds coming into the

11  possession, or under the control, of the department by virtue

12  of the provisions hereof, except the proceeds from the sale of

13  bonds issued under ss. 338.22-338.241.

14         (6)  "Turnpike system" means those limited access toll

15  highways and associated feeder roads and other structures,

16  appurtenances, or rights previously designated, acquired, or

17  constructed pursuant to the Florida Turnpike Enterprise Law

18  and such other additional turnpike projects as may be acquired

19  or constructed as approved by the Legislature.

20         (7)  "Turnpike improvement" means any betterment

21  necessary or desirable for the operation of the turnpike

22  system, including, but not limited to, widenings, the addition

23  of interchanges to the existing turnpike system, resurfacings,

24  toll plazas, machinery, and equipment.

25         (8)  "Economically feasible" for a proposed turnpike

26  project means that the revenues of the project in combination

27  with those of the existing turnpike system are sufficient to

28  service the debt of the outstanding turnpike bonds.:

29         (a)  For a proposed turnpike project, that, as

30  determined by the department before the issuance of revenue

31  bonds for the project, the estimated net revenues of the


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                                       CS/HB 261, Second Engrossed



  1  proposed turnpike project, excluding feeder roads and turnpike

  2  improvements, will be sufficient to pay at least 50 percent of

  3  the debt service on the bonds by the end of the 5th year of

  4  operation and to pay at least 100 percent of the debt service

  5  on the bonds by the end of the 15th year of operation. In

  6  implementing this paragraph, up to 50 percent of the adopted

  7  work program costs of the project may be funded from turnpike

  8  revenues.

  9         (b)  For turnpike projects, except for feeder roads and

10  turnpike improvements, financed from revenues of the turnpike

11  system, such project, or such group of projects, originally

12  financed from revenues of the turnpike system, that the

13  project is expected to generate sufficient revenues to

14  amortize project costs within 15 years of opening to traffic.

15

16  This subsection does not prohibit the pledging of revenues

17  from the entire turnpike system to bonds issued to finance or

18  refinance a turnpike project or group of turnpike projects.

19         (9)  "Turnpike project" means any extension to or

20  expansion of the existing turnpike system and new limited

21  access toll highways and associated feeder roads and other

22  structures, interchanges, appurtenances, or rights as may be

23  approved in accordance with the Florida Turnpike Enterprise

24  Law.

25         (10)  "Statement of environmental feasibility" means a

26  statement by the Department of Environmental Protection of the

27  project's significant environmental impacts.

28         Section 17.  Section 338.2215, Florida Statutes, is

29  created to read:

30         338.2215  Florida Turnpike Enterprise; legislative

31  findings, policy, purpose, and intent.--It is the intent of


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                                       CS/HB 261, Second Engrossed



  1  the Legislature that the turnpike enterprise be provided

  2  additional powers and authority in order to maximize the

  3  advantages obtainable through fully leveraging the Florida

  4  Turnpike System asset.  The additional powers and authority

  5  will provide the turnpike enterprise with the autonomy and

  6  flexibility to enable it to more easily pursue innovations as

  7  well as best practices found in the private sector in

  8  management, finance, organization, and operations. The

  9  additional powers and authority are intended to improve

10  cost-effectiveness and timeliness of project delivery,

11  increase revenues, expand the turnpike system's capital

12  program capability, and improve the quality of service to its

13  patrons, while continuing to protect the turnpike system's

14  bondholders and further preserve, expand, and improve the

15  Florida Turnpike System.

16         Section 18.  Section 338.2216, Florida Statutes, is

17  created to read:

18         338.2216  Florida Turnpike Enterprise; powers and

19  authority.--

20         (1)(a)  In addition to the powers granted to the

21  department, the Florida Turnpike Enterprise has full authority

22  to exercise all powers granted to it under this chapter.

23  Powers shall include, but are not limited to, the ability to

24  plan, construct, maintain, repair, and operate the Florida

25  Turnpike System.

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

27  Florida Turnpike Enterprise be authorized to plan, develop,

28  own, purchase, lease, or otherwise acquire, demolish,

29  construct, improve, relocate, equip, repair, maintain,

30  operate, and manage the Florida Turnpike System; to expend

31  funds to publicize, advertise, and promote the advantages of


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                                       CS/HB 261, Second Engrossed



  1  using the turnpike system and its facilities; and to

  2  cooperate, coordinate, partner, and contract with other

  3  entities, public and private, to accomplish these purposes.

  4         (c)  The executive director of the turnpike enterprise

  5  shall appoint a staff, which shall be exempt from part II of

  6  chapter 110. Among the staff shall be chief financial officer,

  7  who must be a proven, effective administrator with

  8  demonstrated experience in financial management of a large

  9  bonded capital program and must hold an active license to

10  practice public accounting in Florida pursuant to chapter

11  473.  The turnpike enterprise staff shall also include the

12  Office of Toll Operations.

13         (2)  The department shall have the authority to employ

14  procurement methods available to the Department of Management

15  Services under chapters 255 and 287 and under any rule adopted

16  under such chapters solely for the benefit of the turnpike

17  enterprise. In order to enhance the effective and efficient

18  operation of the turnpike enterprise, the department may adopt

19  rules for procurement procedures alternative to chapters 255,

20  287, and 337.

21         (3)(a)  The turnpike enterprise shall be a single

22  budget entity and shall develop a budget pursuant to chapter

23  216.  The turnpike enterprise's budget shall be submitted to

24  the Legislature along with the department's budget.

25         (b)  Notwithstanding the provisions of s. 216.301 to

26  the contrary and in accordance with s. 216.351, the Executive

27  Office of the Governor shall, on July 1 of each year, certify

28  forward all unexpended funds appropriated or provided pursuant

29  to this section for the turnpike enterprise.  Of the

30  unexpended funds certified forward, any unencumbered amounts

31  shall be carried forward.  Such funds carried forward shall


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                                       CS/HB 261, Second Engrossed



  1  not exceed 5 percent of the total operating budget of the

  2  turnpike enterprise.  Funds carried forward pursuant to this

  3  section may be used for any lawful purpose, including, but not

  4  limited to, promotional and market activities, technology, and

  5  training.  Any certified forward funds remaining undisbursed

  6  on December 31 of each year shall be carried forward.

  7         (4)  The powers conferred upon the turnpike enterprise

  8  under ss. 338.22-338.241 shall be in addition and supplemental

  9  to the existing powers of the department and the turnpike

10  enterprise, and these powers shall not be construed as

11  repealing any provision of any other law, general or local,

12  but shall supersede such other laws that are inconsistent with

13  the exercise of the powers provided under ss. 338.22-338.241

14  and provide a complete method for the exercise of such powers

15  granted.

16         Section 19.  Subsection (4) of section 338.223, Florida

17  Statutes, is amended to read:

18         338.223  Proposed turnpike projects.--

19         (4)  The department is authorized, with the approval of

20  the Legislature, to use federal and state transportation funds

21  to lend or pay a portion of the operating, maintenance, and

22  capital costs of turnpike projects. Federal and state

23  transportation funds included in an adopted work program, or

24  the General Appropriations Act, for a turnpike project do not

25  have to be reimbursed to the State Transportation Trust Fund,

26  or used in determining the economic feasibility of the

27  proposed project. For operating and maintenance loans, the

28  maximum net loan amount in any fiscal year shall not exceed

29  1.5 0.5 percent of state transportation tax revenues for that

30  fiscal year.

31


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                                       CS/HB 261, Second Engrossed



  1         Section 20.  Subsection (2) of section 338.227, Florida

  2  Statutes, is amended to read:

  3         338.227  Turnpike revenue bonds.--

  4         (2)  The proceeds of the bonds of each issue shall be

  5  used solely for the payment of the cost of the turnpike

  6  projects for which such bonds shall have been issued, except

  7  as provided in the State Bond Act.  Such proceeds shall be

  8  disbursed and used as provided by ss. 338.22-338.241 and in

  9  such manner and under such restrictions, if any, as the

10  Division of Bond Finance may provide in the resolution

11  authorizing the issuance of such bonds or in the trust

12  agreement hereinafter mentioned securing the same.  All

13  revenues and bond proceeds from the turnpike system received

14  by the department pursuant to ss. 338.22-338.241, the Florida

15  Turnpike Enterprise Law, shall be used only for the cost of

16  turnpike projects and turnpike improvements and for the

17  administration, operation, maintenance, and financing of the

18  turnpike system. No revenues or bond proceeds from the

19  turnpike system shall be spent for the operation, maintenance,

20  construction, or financing of any project which is not part of

21  the turnpike system.

22         Section 21.  Section 338.234, Florida Statutes, is

23  amended to read:

24         338.234  Granting concessions or selling along the

25  turnpike system.--

26         (1)  The department may enter into contracts or

27  licenses with any person for the sale of grant concessions or

28  sell services or products or business opportunities on along

29  the turnpike system, or the turnpike enterprise may sell

30  services, products, or business opportunities on the turnpike

31  system, which benefit the traveling public or provide


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                                       CS/HB 261, Second Engrossed



  1  additional revenue to the turnpike system. Services, business

  2  opportunities, and products authorized to be sold include, but

  3  are not limited to, the sale of motor fuel, vehicle towing,

  4  and vehicle maintenance services; the sale of food with

  5  attendant nonalcoholic beverages; lodging, meeting rooms, and

  6  other business services opportunities; advertising and other

  7  promotional opportunities, which advertising and promotions

  8  must be consistent with the dignity and integrity of the

  9  state; the sale of state lottery tickets sold by authorized

10  retailers; games and amusements that the granting of

11  concessions for amusement devices which operate by the

12  application of skill, not including games of chance as defined

13  in s. 849.16 or other illegal gambling games; the sale of

14  Florida citrus, goods promoting the state, or handmade goods

15  produced within the state; and the granting of concessions for

16  equipment which provides travel information, or tickets,

17  reservations, or other related services; and the granting of

18  concessions which provide banking and other business services.

19  However, the department, pursuant to the grants of authority

20  to the Turnpike Enterprise under this section, shall not

21  exercise the power of eminent domain solely for the purpose of

22  acquiring real property in order to provide business services

23  or opportunities, such as lodging and meeting-room space on

24  the turnpike system. The department may also provide

25  information centers on the plazas for the benefit of the

26  public.

27         (2)  The department may provide an opportunity for

28  governmental agencies to hold public events at turnpike plazas

29  which educate the traveling public as to safety, travel, and

30  tourism.

31


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                                       CS/HB 261, Second Engrossed



  1         Section 22.  Subsection (3) of section 338.235, Florida

  2  Statutes, is amended to read:

  3         338.235  Contracts with department for provision of

  4  services on the turnpike system.--

  5         (3)  The department may enter into contracts or

  6  agreements, with or without competitive bidding or

  7  procurement, to make available, on a fair, reasonable,

  8  nonexclusive, and nondiscriminatory basis, turnpike property

  9  and other turnpike structures, for the placement of wireless

10  facilities by any wireless provider of mobile services as

11  defined in 47 U.S.C. s. 153(n) or s. 332(d), and any

12  telecommunications company as defined in s. 364.02 when it is

13  determined to be practical and feasible to make such property

14  or structures available. The department may, without adopting

15  a rule, charge a just, reasonable, and nondiscriminatory fee

16  for placement of the facilities, payable annually, based on

17  the fair market value of space used by comparable

18  communications facilities in the state. The department and a

19  wireless provider may negotiate the reduction or elimination

20  of a fee in consideration of goods or services service

21  provided to the department by the wireless provider. All such

22  fees collected by the department shall be deposited directly

23  into the State Agency Law Enforcement Radio System Trust Fund

24  and may be used to construct, maintain, or support the system.

25         Section 23.  Subsection (2) of section 338.239, Florida

26  Statutes, is amended to read:

27         338.239  Traffic control on the turnpike system.--

28         (2)  Members of the Florida Highway Patrol are vested

29  with the power, and charged with the duty, to enforce the

30  rules of the department. Approved expenditures Expenses

31  incurred by the Florida Highway Patrol in carrying out its


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                                       CS/HB 261, Second Engrossed



  1  powers and duties under ss. 338.22-338.241 may be treated as a

  2  part of the cost of the operation of the turnpike system, and

  3  the Department of Highway Safety and Motor Vehicles shall be

  4  reimbursed by the turnpike enterprise Department of

  5  Transportation for such expenses incurred on the turnpike

  6  system mainline, which is that part of the turnpike system

  7  extending from the southern terminus in Florida City to the

  8  northern terminus in Wildwood including all contiguous

  9  sections. Florida Highway Patrol Troop K shall be

10  headquartered with the turnpike enterprise and shall be the

11  official and preferred law enforcement troop for the turnpike

12  system. The Department of Highway Safety and Motor Vehicles

13  may, upon request of the executive director of the turnpike

14  enterprise and approval of the Legislature, increase the

15  number of authorized positions for Troop K, or the executive

16  director of the turnpike enterprise may contract with the

17  Department of Highway Safety and Motor Vehicles for additional

18  troops to patrol the turnpike system.

19         Section 24.  Section 338.241, Florida Statutes, is

20  amended to read:

21         338.241  Cash reserve requirement.--The budget for the

22  turnpike system shall be so planned as to provide for a cash

23  reserve at the end of each fiscal year of not less than 5 10

24  percent of the unpaid balance of all turnpike system

25  contractual obligations, excluding bond obligations, to be

26  paid from revenues.

27         Section 25.  Section 338.251, Florida Statutes, is

28  amended to read:

29         338.251  Toll Facilities Revolving Trust Fund.--The

30  Toll Facilities Revolving Trust Fund is hereby created for the

31  purpose of encouraging the development and enhancing the


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                                       CS/HB 261, Second Engrossed



  1  financial feasibility of revenue-producing road projects

  2  undertaken by local governmental entities in a county or

  3  combination of contiguous counties and the turnpike

  4  enterprise.

  5         (1)  The department is authorized to advance funds for

  6  preliminary engineering, traffic and revenue studies,

  7  environmental impact studies, financial advisory services,

  8  engineering design, right-of-way map preparation, other

  9  appropriate project-related professional services, and

10  advanced right-of-way acquisition to expressway authorities,

11  the turnpike enterprise, counties, or other local governmental

12  entities that desire to undertake revenue-producing road

13  projects.

14         (2)  No funds shall be advanced pursuant to this

15  section unless the following is documented to the department:

16         (a)  The proposed facility is consistent with the

17  adopted transportation plan of the appropriate metropolitan

18  planning organization and the Florida Transportation Plan.

19         (b)  A proposed 2-year budget detailing the use of the

20  cash advance and a project schedule consistent with the

21  budget.

22         (3)  Prior to receiving any moneys for advance

23  right-of-way acquisition, it shall be shown that such

24  right-of-way will substantially appreciate prior to

25  construction and that savings will result from its advance

26  purchase.  Any such request for moneys for advance

27  right-of-way acquisition shall be accompanied by a preliminary

28  engineering study, environmental impact study, traffic and

29  revenue study, and right-of-way maps along with either a

30  negotiated contract for purchase of the right-of-way, such

31  contract to include a clause stating that it is subject to


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                                       CS/HB 261, Second Engrossed



  1  funding by the department or the Legislature, or an appraisal

  2  of the subject property for purpose of condemnation

  3  proceedings.

  4         (4)  Each advance pursuant to this section shall

  5  require repayment out of the initial bond issue revenue or, at

  6  the discretion of the governmental entity or the turnpike

  7  enterprise of the facility, repayment shall begin no later

  8  than 7 years after the date of the advance, provided repayment

  9  shall be completed no later than 12 years after the date of

10  the advance. However, such election shall be made at the time

11  of the initial bond issue, and, if repayment is to be made

12  during the time period referred to above, a schedule of such

13  repayment shall be submitted to the department.

14         (5)  No amount in excess of $1.5 million annually shall

15  be advanced to any one governmental entity or the turnpike

16  enterprise pursuant to this section without specific

17  appropriation by the Legislature.

18         (6)  Funds may not be advanced for funding final design

19  costs beyond 60 percent completion until an acceptable plan to

20  finance all project costs, including the reimbursement of

21  outstanding trust fund advances, is approved by the

22  department.

23         (7)  The department may advance funds sufficient to

24  defray shortages in toll revenues of facilities receiving

25  funds pursuant to this section for the first 5 years of

26  operation, up to a maximum of $5 million per year, to be

27  reimbursed to this fund within 5 years of the last advance

28  hereunder. Any advance under this provision shall require

29  specific appropriation by the Legislature.

30         (8)  No expressway authority, county, or other local

31  governmental entity, or the turnpike enterprise, shall be


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                                       CS/HB 261, Second Engrossed



  1  eligible to receive any advance under this section if the

  2  expressway authority, county, or other local governmental

  3  entity or the turnpike enterprise has failed to repay any

  4  previous advances as required by law or by agreement with the

  5  department.

  6         (9)  Repayment of funds advanced, including advances

  7  made prior to January 1, 1994, shall not include interest.

  8  However, interest accruing to local governmental entities and

  9  the turnpike enterprise from the investment of advances shall

10  be paid to the department.

11         (10)  Any repayment of prior or future advances made

12  from the State Transportation Trust Fund which were used to

13  fund any project phase of a toll facility, shall be deposited

14  in the Toll Facilities Revolving Trust Fund. However, when

15  funds advanced to the Seminole County Expressway Authority

16  pursuant to this section are repaid to the Toll Facilities

17  Revolving Trust Fund by or on behalf of the Seminole County

18  Expressway Authority, those funds shall thereupon and

19  forthwith be appropriated for and advanced to the Seminole

20  County Expressway Authority for funding the design of and the

21  advanced right-of-way acquisition for that segment of the

22  Seminole County Expressway extending from U.S. Highway 17/92

23  to Interstate Highway 4. Notwithstanding subsection (6), when

24  funds previously advanced to the Orlando-Orange County

25  Expressway Authority are repaid to the Toll Facilities

26  Revolving Trust Fund by or on behalf of the Orlando-Orange

27  County Expressway Authority, those funds may thereupon and

28  forthwith be appropriated for and advanced to the Seminole

29  County Expressway Authority for funding that segment of the

30  Seminole County Expressway extending from U.S. Highway 17/92

31  to Interstate Highway 4. Any funds advanced to the


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                                       CS/HB 261, Second Engrossed



  1  Tampa-Hillsborough County Expressway Authority pursuant to

  2  this section which have been or will be repaid on or after

  3  July 1, 1998, to the Toll Facilities Revolving Trust Fund on

  4  behalf of the Tampa-Hillsborough County Expressway Authority

  5  shall thereupon and forthwith be appropriated for and advanced

  6  to the Tampa-Hillsborough County Expressway Authority for

  7  funding the design of and the advanced right-of-way

  8  acquisition for the Brandon area feeder roads, capital

  9  improvements to increase capacity to the expressway system,

10  and Lee Roy Selmon Crosstown Expressway System Widening as

11  authorized under s. 348.565.

12         (11)  The department shall adopt rules necessary for

13  the implementation of this section, including rules for

14  project selection and funding.

15         Section 26.  Paragraphs (a), (f), and (g) of subsection

16  (4) of section 339.135, Florida Statutes, are amended to read:

17         339.135  Work program; legislative budget request;

18  definitions; preparation, adoption, execution, and

19  amendment.--

20         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

21         (a)1.  To assure that no district or county is

22  penalized for local efforts to improve the State Highway

23  System, the department shall, for the purpose of developing a

24  tentative work program, allocate funds for new construction to

25  the districts, except for the turnpike enterprise district,

26  based on equal parts of population and motor fuel tax

27  collections. Funds for resurfacing, bridge repair and

28  rehabilitation, bridge fender system construction or repair,

29  public transit projects except public transit block grants as

30  provided in s. 341.052, and other programs with quantitative

31  needs assessments shall be allocated based on the results of


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                                       CS/HB 261, Second Engrossed



  1  these assessments. The department may not transfer any funds

  2  allocated to a district under this paragraph to any other

  3  district except as provided in subsection (7). Funds for

  4  public transit block grants shall be allocated to the

  5  districts pursuant to s. 341.052.

  6         2.  Notwithstanding the provisions of subparagraph 1.,

  7  the department shall allocate at least 50 percent of any new

  8  discretionary highway capacity funds to the Florida Intrastate

  9  Highway System established pursuant to s. 338.001.  Any

10  remaining new discretionary highway capacity funds shall be

11  allocated to the districts for new construction as provided in

12  subparagraph 1. For the purposes of this subparagraph, the

13  term "new discretionary highway capacity funds" means any

14  funds available to the department above the prior year funding

15  level for  capacity improvements, which the department has the

16  discretion to allocate to highway projects.

17         (f)  The central office shall submit a preliminary copy

18  of the tentative work program to the Executive Office of the

19  Governor, the legislative appropriations committees, the

20  Florida Transportation Commission, and the Department of

21  Community Affairs at least 14 days prior to the convening of

22  the regular legislative session.  Prior to the statewide

23  public hearing required by paragraph (g), the Department of

24  Community Affairs shall transmit to the Florida Transportation

25  Commission a list of those projects and project phases

26  contained in the tentative work program which are identified

27  as being inconsistent with approved local government

28  comprehensive plans.  For urbanized areas of metropolitan

29  planning organizations, the list may not contain any project

30  or project phase that is scheduled in a transportation

31  improvement program unless such inconsistency has been


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                                       CS/HB 261, Second Engrossed



  1  previously reported to the affected metropolitan planning

  2  organization.  The commission shall consider the list as part

  3  of its evaluation of the tentative work program conducted

  4  pursuant to s. 20.23.

  5         (g)1.  The Florida Transportation Commission shall

  6  conduct a statewide public hearing on the tentative work

  7  program and shall advertise the time, place, and purpose of

  8  the hearing in the Florida Administrative Weekly at least 7

  9  days prior to the hearing.  As part of the statewide public

10  hearing, the commission shall, at a minimum:

11         a.1.  Conduct an in-depth evaluation of the tentative

12  work program as required in s. 20.23 for compliance with

13  applicable laws and departmental policies; and

14         b.2.  Hear all questions, suggestions, or other

15  comments offered by the public.

16         2.  By no later than 14 days after the regular

17  legislative session begins, the commission shall submit to the

18  Executive Office of the Governor and the legislative

19  appropriations committees a report that evaluates the

20  tentative work program for:

21         a.  Financial soundness;

22         b.  Stability;

23         c.  Production capacity;

24         d.  Accomplishments, including compliance with program

25  objectives in s. 334.046;

26         e.  Compliance with approved local government

27  comprehensive plans;

28         f.  Objections and requests by metropolitan planning

29  organizations;

30         g.  Policy changes and effects thereof;

31


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                                       CS/HB 261, Second Engrossed



  1         h.  Identification of statewide or regional projects;

  2  and

  3         i.  Compliance with all other applicable laws.

  4         Section 27.  Subsection (1) of section 553.80, Florida

  5  Statutes, is amended to read:

  6         553.80  Enforcement.--

  7         (1)  Except as provided in paragraphs (a)-(f) (a)-(e),

  8  each local government and each legally constituted enforcement

  9  district with statutory authority shall regulate building

10  construction and, where authorized in the state agency's

11  enabling legislation, each state agency shall enforce the

12  Florida Building Code required by this part on all public or

13  private buildings, structures, and facilities, unless such

14  responsibility has been delegated to another unit of

15  government pursuant to s. 553.79(9).

16         (a)  Construction regulations relating to correctional

17  facilities under the jurisdiction of the Department of

18  Corrections and the Department of Juvenile Justice are to be

19  enforced exclusively by those departments.

20         (b)  Construction regulations relating to elevator

21  equipment under the jurisdiction of the Bureau of Elevators of

22  the Department of Business and Professional Regulation shall

23  be enforced exclusively by that department.

24         (c)  In addition to the requirements of s. 553.79 and

25  this section, facilities subject to the provisions of chapter

26  395 and part II of chapter 400 shall have facility plans

27  reviewed and construction surveyed by the state agency

28  authorized to do so under the requirements of chapter 395 and

29  part II of chapter 400 and the certification requirements of

30  the Federal Government.

31


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                                       CS/HB 261, Second Engrossed



  1         (d)  Building plans approved pursuant to s. 553.77(6)

  2  and state-approved manufactured buildings, including buildings

  3  manufactured and assembled offsite and not intended for

  4  habitation, such as lawn storage buildings and storage sheds,

  5  are exempt from local code enforcing agency plan reviews

  6  except for provisions of the code relating to erection,

  7  assembly, or construction at the site. Erection, assembly, and

  8  construction at the site are subject to local permitting and

  9  inspections.

10         (e)  Construction regulations governing public schools,

11  state universities, and community colleges shall be enforced

12  as provided in subsection (6).

13         (f)  The Florida Building Code as it pertains to toll

14  collection facilities under the jurisdiction of the turnpike

15  enterprise of the Department of Transportation shall be

16  enforced exclusively by the turnpike enterprise.

17

18  The governing bodies of local governments may provide a

19  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

20  and this section, for the enforcement of the provisions of

21  this part.  Such fees shall be used solely for carrying out

22  the local government's responsibilities in enforcing the

23  Florida Building Code. The authority of state enforcing

24  agencies to set fees for enforcement shall be derived from

25  authority existing on July 1, 1998. However, nothing contained

26  in this subsection shall operate to limit such agencies from

27  adjusting their fee schedule in conformance with existing

28  authority.

29         Section 28.  Section 339.141, Florida Statutes, is

30  created to read:

31


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                                       CS/HB 261, Second Engrossed



  1         339.141  Regional Transportation Act; short title;

  2  purpose; Regional Transportation Advisory Council; creation;

  3  membership; transportation grants; criteria; applications;

  4  approval; project lists; funding.--

  5         (1)  Sections 339.141-339.143 shall be known as the

  6  "Regional Transportation Act," dedicated to identifying and

  7  funding high-priority regional transportation projects that

  8  create intermodal transportation linkages for passengers and

  9  freight, thus increasing cost-competitive travel choices for

10  Florida residents, visitors, and businesses.

11         (2)  The underlying purposes of the Regional

12  Transportation Act are to identify projects throughout the

13  state that will provide more efficient movement of travelers,

14  goods, and services; assist local governments in developing

15  intermodal linkages; promote logical linkages between

16  different modes of transportation; and attract federal, state,

17  local, and private-sector funds to make these improvements.

18         (3)  The Regional Transportation Advisory Council is

19  created to make recommendations annually to the Legislature on

20  the selection of projects as provided in this section.

21  Recommendations shall be made for projects seeking Regional

22  Transportation Act grants pursuant to s. 339.143.

23         (4)  The council shall consist of:

24         (a)  The secretary of the Department of Transportation,

25  or his or her designee.

26         (b)  Two members of the Senate appointed by the

27  President of the Senate.

28         (c)  Two members of the House of Representatives

29  appointed by the Speaker of the House of Representatives.

30

31


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                                       CS/HB 261, Second Engrossed



  1  Terms for council members from the Legislature shall be 2

  2  years, provided that a legislative member's term shall not

  3  exceed the term of the presiding officer making that member's

  4  appointment to the council. Initial appointments must be made

  5  no later than 30 days after the effective date of this act.

  6  Vacancies on the council shall be filled in the same manner as

  7  the initial appointments.

  8         (5)  Each member of the council shall be allowed one

  9  vote. The council shall select a chair from among its

10  membership. Meetings shall be held at the call of the chair

11  but not less frequently than quarterly. The members of the

12  council shall be reimbursed for per diem and travel expenses

13  as provided in s. 112.061.

14         (6)  The Department of Transportation shall provide

15  administrative staff support and shall ensure that council

16  meetings are electronically recorded. Such recordings and all

17  documents received, prepared for, or used by the council in

18  conducting its business shall be preserved pursuant to

19  chapters 119 and 257.

20         (7)  Applications for Regional Transportation Act

21  funding shall be submitted to the department no later than

22  October 1 of each year, beginning in 2002, along with

23  documentation that the proposed project meets the criteria

24  listed in s. 339.143. Regional Transportation Act projects may

25  be proposed by any local government, regional organization,

26  economic development board, public or private partnership,

27  metropolitan planning organization, state agency, or other

28  entity engaged in economic development activities.

29         (8)  The department shall review all of the

30  applications submitted to determine which ones meet the basic

31  criteria listed in s. 339.143(3). By December 1 of each year,


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                                       CS/HB 261, Second Engrossed



  1  beginning in 2002, the department shall submit to the council

  2  all of the Regional Transportation Act grant applications that

  3  comply. Included in the department's submittal shall be a

  4  summary of each eligible grant application, including summary

  5  information indicating how the project meets the criteria in

  6  s. 339.143(5).

  7         (9)(a)  The council shall evaluate all of the

  8  applications it receives from the department and shall

  9  annually develop a list of recommended projects for Regional

10  Transportation Act grants. The council shall then submit its

11  recommended project list to the Secretary of the Department of

12  Transportation for review and inclusion of any additional

13  compilation of supporting documentation. The Secretary shall

14  then submit the approved list to the Legislature for its

15  consideration in time for inclusion in the General

16  Appropriations Act.

17         (b)  In selecting projects for inclusion on its

18  recommended projects list, the council shall consider the

19  additional criteria in s. 339.143(5).

20         (10)  The council is encouraged to seek input from

21  transportation or economic development entities and to

22  consider the reports and recommendations of task forces, study

23  commissions, or similar entities charged with reviewing issues

24  relevant to the council's mission.

25         (11)  The council's recommended projects list shall not

26  be ranked. The list shall total an amount that is no more than

27  1.5 times the amount of state funding available for the total

28  regional transportation program that fiscal year.

29         (12)  The Legislature shall consider the council's

30  recommended projects list and shall include approved projects

31  in the General Appropriations Act. Projects approved by the


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                                       CS/HB 261, Second Engrossed



  1  Legislature must be included in the department's adopted work

  2  program.

  3         (13)  For fiscal years 2003-2004 and 2004-2005, the

  4  department shall allocate a minimum of $62 million from the

  5  State Transportation Trust Fund in its program and resource

  6  plan to fund the programs in ss. 339.141-339.143. For fiscal

  7  year 2005-2006, the department shall allocate a minimum of $96

  8  million for the program in ss. 339.141-339.143.  Beginning in

  9  fiscal year 2006-2007 and for each year thereafter, the

10  minimum amount allocated shall be $100 million for projects

11  seeking Regional Transportation Grants. This allocation of

12  funds is in addition to any funding provided to this program

13  by any other provision of law. Notwithstanding any other laws

14  to the contrary, the requirements of ss. 339.135(1)-(5),

15  339.155, and 339.175 shall not apply to these funds and

16  programs.

17         Section 29.  Section 339.142, Florida Statutes, is

18  created to read:

19         339.142  Regional transportation corridors.--

20         (1)  A "regional transportation corridor" is defined as

21  a regional system of transportation infrastructure that

22  collectively provides for the efficient movement of

23  significant numbers of persons and significant volumes of

24  intrastate, interstate, and international commerce by

25  seamlessly linking multiple modes of travel.

26         (2)  Florida's initial regional transportation

27  corridors are:

28         (a)  The Interstate 10 Corridor, from Pensacola to

29  Jacksonville.

30

31


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                                       CS/HB 261, Second Engrossed



  1         (b)  The Gulf Coast Corridor, from Pensacola to St.

  2  Petersburg and to Tampa along U.S. 98 and U.S. 19/State Road

  3  27.

  4         (c)  The Interstate 95-Atlantic Coast Corridor, from

  5  Jacksonville to Miami.

  6         (d)  The Central Florida/North-South Corridor, from the

  7  Florida-Georgia border to Naples and Fort Lauderdale/Miami,

  8  along Interstate 75.

  9         (e)  The Central Florida/East-West Corridor, from St.

10  Petersburg to Tampa and to Titusville, along Interstate 4 and

11  the Beeline Expressway.

12         (f)  The Jacksonville to Tampa Corridor, along U.S.

13  301.

14         (g)  The Jacksonville to Orlando Corridor, along U.S.

15  17.

16         (h)  The Southeastern Everglades Corridor, linking

17  Wildwood, Winter Garden, Orlando, and West Palm Beach via the

18  Florida Turnpike.

19

20  For the purposes of this subsection, the term "corridor"

21  includes the roadways linking seaports, commercial service and

22  general aviation airports, rail yards, transportation

23  terminals, and intermodal service centers to the major

24  highways listed in this subsection to designate regional

25  corridors.

26         (3)  The Regional Transportation Advisory Council is

27  authorized to make additions to, deletions from, or

28  modifications to the initially designated corridors listed in

29  subsection (2). These changes shall be accomplished through

30  adoption of a resolution by majority vote of the council

31  indicating the changes to the corridors. The department may


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                                       CS/HB 261, Second Engrossed



  1  provide input to the council regarding proposed changes to the

  2  corridors, including the results of any consensus-building

  3  process undertaken by the department to better define regional

  4  transportation corridors. In addition, any of the entities

  5  eligible to submit an application for a Regional

  6  Transportation Act grant pursuant to s. 339.141(7)(a) may

  7  propose corridor changes to the council. The council shall

  8  provide any such adopted resolutions to the Governor, the

  9  President of the Senate, and the Speaker of the House of

10  Representatives.

11         Section 30.  Section 339.143, Florida Statutes, is

12  created to read:

13         339.143  Regional Transportation Act grants.--

14         (1)  The Legislature finds that Florida's future

15  regional investments in transportation should be targeted

16  toward a regional transportation system that integrates key

17  components of the Florida Intrastate Highway System, seaports,

18  spaceports, aviation facilities, and rail facilities within

19  designated corridors. The Legislature further finds that

20  Florida's future economic health depends on a system that can

21  successfully move growing numbers of residents and tourists

22  and transport goods and services within Florida, as well as to

23  and from national and international markets. Therefore, the

24  Legislature creates Regional Transportation Act grants to

25  address these needs and to supplement existing related

26  transportation programs.

27         (2)  Projects eligible to receive Regional

28  Transportation Act grants include, but are not limited to, the

29  following:

30

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                                       CS/HB 261, Second Engrossed



  1         (a)  Seaport projects that improve cargo and passenger

  2  movements or connect the seaports to other modes of

  3  transportation.

  4         (b)  Aviation projects that increase passenger

  5  enplanements and cargo activity or connect airports to other

  6  modes of transportation.

  7         (c)  Transit projects that improve mobility on

  8  interstate highways, improve regional or localized travel, or

  9  connect to other modes of transportation.

10         (d)  Rail projects that facilitate the movement of

11  passengers and cargo, including ancillary pedestrian

12  facilities, or connect rail facilities to other modes of

13  transportation.

14         (e)  Road or highway improvements that improve access

15  to another mode of transportation.

16         (f)  Roadway relocation projects or other projects that

17  address vehicle user conflicts, access issues, or safety

18  concerns with rail lines.

19         (3)  The basic criteria for receipt of a Regional

20  Transportation Act grant are as follows:

21         (a)  The project must be able to be made production

22  ready within a 5-year period following the end of the current

23  fiscal year.

24         (b)  The project must be consistent with a current

25  transportation system plan, including, but not limited to, the

26  Florida Intrastate Highway System, aviation, intermodal/rail,

27  seaport, spaceport, or transit system plans.

28         (c)  The project must not be inconsistent with an

29  approved local comprehensive plan of any local government

30  within whose boundaries the project is located in whole or in

31


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                                       CS/HB 261, Second Engrossed



  1  part, or, if inconsistent, must be accompanied by an

  2  explanation of why the project should be undertaken.

  3         (d)  The project must be of statewide or regional

  4  significance.

  5         (e)  The project must facilitate the movement of

  6  people, goods, and services within a regional transportation

  7  corridor designated pursuant to s. 339.142.

  8         (f)  The project must encourage, enhance, or create

  9  economic benefits in urban or rural areas.

10         (4)  Eligible projects that meet the basic criteria in

11  subsection (3) as determined by the department shall be

12  forwarded by the department to the Regional Transportation

13  Council for evaluation.

14         (5)  The council shall use the following criteria for

15  selecting projects for its recommended projects list:

16         (a)  Whether other funds are available to help complete

17  the project.

18         (b)  The amount of local, federal, or private matching

19  funds available for the project.

20         (c)  The extent to which the project incorporates

21  corridor management techniques, including access management

22  strategies, right-of-way acquisition or protection measures,

23  and appropriate zoning and setback controls.

24         (d)  The extent to which the project supports a

25  multimodal transportation district established pursuant to s.

26  163.3180(15).

27         (e)  The extent to which the project uses new

28  technologies, including intelligent transportation systems, to

29  enhance the efficiency of the transportation system.

30         (6)  Pursuant to s. 339.141, the Regional

31  Transportation Advisory Council shall develop  a list of


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                                       CS/HB 261, Second Engrossed



  1  recommended regional transportation projects and submit it to

  2  the Secretary of the Department of Transportation, who, after

  3  reviewing it and its supporting documentation, shall forward

  4  it to the Legislature. The Legislature shall consider the

  5  council's recommended projects list and shall include approved

  6  projects in the General Appropriations Act.

  7         Section 31.  Subsections (2), (3) and (6) of section

  8  339.2817, Florida Statutes, are amended to read:

  9         339.2817  County Incentive Grant Program.--

10         (2)  To be eligible for consideration, projects must be

11  consistent with applicable local government comprehensive

12  plans and, to the maximum extent feasible, with local

13  metropolitan planning organization plans and local government

14  comprehensive plans.

15         (3)  The department must consider, but is not limited

16  to, the following criteria for evaluation of projects for

17  County Incentive Grant Program assistance:

18         (a)  The extent to which the project will encourage,

19  enhance, or create economic benefits;

20         (b)  The likelihood that assistance would enable the

21  project to proceed at an earlier date than the project could

22  otherwise proceed;

23         (c)  The extent to which assistance would foster

24  innovative public-private partnerships and attract private

25  debt or equity investment;

26         (d)  The extent to which the project uses new

27  technologies, including intelligent transportation systems,

28  which enhance the efficiency of the project;

29         (e)  The extent to which the project helps to maintain

30  or protect the environment; and

31


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                                       CS/HB 261, Second Engrossed



  1         (f)  The extent to which the project includes

  2  transportation benefits for improving intermodalism and

  3  safety;.

  4         (g)  The extent to which the county has enacted

  5  local-option fuel taxes and other dedicated local revenue

  6  sources or adopted the 1-percent infrastructure sales surtax

  7  or the small county surtax, with priority spending dedicated

  8  to transportation improvements; and

  9         (h)  The extent to which the project incorporates

10  corridor management techniques, including access management

11  strategies, right-of-way acquisition or protection measures,

12  and appropriate zoning and setback controls.

13         (6)  A municipality may apply to the county in which

14  the municipality is located for consideration by the county

15  for funding under this section of any project or project phase

16  of a transportation facility which is located on the State

17  Highway System or which is demonstrated to relieve congestion

18  on the State Highway System. The county must evaluate all

19  municipal applications as provided in subsection (3). If the

20  proposed project is determined by the county to meet the

21  criteria in subsection (3), the county shall send the

22  application to the department on behalf of the municipality.

23  If the proposed project is approved by the department, the

24  county may retain project oversight authority and

25  responsibility for the project on behalf of the municipality.

26  If a municipality's proposed project is rejected by the county

27  for funding under this section, or if the county's proposed

28  project adversely affects a municipality within the county,

29  the municipality may request mediation to resolve any concerns

30  of the municipality and the county.

31


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                                       CS/HB 261, Second Engrossed



  1         Section 32.  Subsections (1) and (2) of section 339.08,

  2  Florida Statutes, are amended to read:

  3         339.08  Use of moneys in State Transportation Trust

  4  Fund.--

  5           (1)  The department shall expend by rule provide for

  6  the expenditure of the moneys in the State Transportation

  7  Trust Fund accruing to the department, in accordance with its

  8  annual budget.

  9           (2)  These rules must restrict The use of such moneys

10  is restricted to the following purposes:

11           (l)  To fund the Regional Transportation Grant

12  projects selected pursuant to s. 339.143 Transportation

13  Outreach Program created in s. 339.137.

14         Section 33.  Section 339.1371, Florida Statutes, is

15  amended to read:

16         339.1371  Mobility 2000; Transportation Outreach

17  Program; funding.--

18           (1)  Beginning in fiscal year 2000-2001 the

19  Department of Transportation shall allocate sufficient funds

20  to implement the Mobility 2000 (Building Roads for the 21st

21  Century) initiative. The department shall develop a plan to

22  expend these revenues and amend the current tentative work

23  program for the time period 2000-2001 through 2004-2005 prior

24  to adoption to include Mobility 2000 projects. In addition,

25  prior to work program adoption, the department shall submit a

26  budget amendment pursuant to s. 339.135(7), requesting budget

27  authority needed to implement the Mobility 2000 initiative.

28  Funds will be used for corridors that link Florida's economic

29  regions to seaports, international airports, and markets to

30  provide connections through major gateways, improved mobility

31  in major urbanized areas, and access routes for emergency


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                                       CS/HB 261, Second Engrossed



  1  evacuation to coastal communities based on analysis of current

  2  and projected traffic conditions.

  3         (2)  Notwithstanding any other provision of law, in

  4  fiscal year 2001-2002 and each year thereafter, the increase

  5  in revenue to the State Transportation Trust Fund derived from

  6  ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,

  7  shall be first used by the Department of Transportation to

  8  fund the Mobility 2000 initiative and any remaining funds

  9  shall be used to fund the Transportation Outreach Program

10  created pursuant to s. 339.137. Notwithstanding any other law

11  to the contrary, the requirements of ss. 206.46(3) and

12  206.606(2) shall not apply to the Mobility 2000 initiative.

13         Section 34.  Subsection (3) of section 215.211, Florida

14  Statutes, is amended to read:

15         215.211  Service charge; elimination or reduction for

16  specified proceeds.--

17         (3)  Notwithstanding the provisions of s. 215.20(1),

18  the service charge provided in s. 215.20(1), which is deducted

19  from the proceeds of the local option fuel tax distributed

20  under s. 336.025, shall be reduced as follows:

21         (a)  For the period July 1, 2005, through June 30,

22  2006, the rate of the service charge shall be 3.5 percent.

23         (b)  Beginning July 1, 2006, and thereafter, no service

24  charge shall be deducted from the proceeds of the local option

25  fuel tax distributed under s. 336.025.

26

27  An amount equal to the reduction in the service charge The

28  increased revenues derived from this subsection shall be

29  deposited in the State Transportation Trust Fund and used to

30  fund the County Incentive Grant Program and the Small County

31  Outreach Program. Up to 20 percent of such funds shall be used


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                                       CS/HB 261, Second Engrossed



  1  for the purpose of implementing the Small County Outreach

  2  Program as provided in this act. Notwithstanding any other

  3  laws to the contrary, the requirements of ss. 206.46(3),

  4  206.606(2), 339.135(1)-(5), 339.155, and 339.175 shall not

  5  apply to these funds and programs.

  6         Section 35.    For fiscal years 2003-2004 and

  7  2004-2005, the department shall allocate a maximum of $30

  8  million to projects seeking County Incentive Grant Program

  9  grants and Small County Outreach Program grants. Up to 20

10  percent of such funds shall be used for the purpose of

11  implementing the Small County Outreach Program. For fiscal

12  year 2005-2006, the department shall allocate a maximum of $4

13  million to projects seeking County Incentive Program grants

14  and Small County Outreach Program grants.  Up to 20 percent of

15  such funds shall be used for the purpose of implementing the

16  Small County Outreach Program.

17         Section 36.  Section 339.137, Florida Statutes, is

18  repealed.

19         Section 37.  Section 341.8201, Florida Statutes, is

20  created to read:

21         341.8201  Short title.--Sections 341.8201-341.843 may

22  be cited as the "Florida High-Speed Rail Authority Act."

23         Section 38.  Section 341.8202, Florida Statutes, is

24  created to read:

25         341.8202  Legislative findings, policy, purpose, and

26  intent.--

27         (1)  The intent of this act is to implement the purpose

28  of s. 19, Art. X of the State Constitution, which directs the

29  Legislature, the Cabinet and the Governor to proceed with the

30  development, either by the state or an approved private

31  entity, of a high-speed monorail, fixed guideway, or magnetic


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                                       CS/HB 261, Second Engrossed



  1  levitation system, capable of speeds in excess of 120 miles

  2  per hour.  The development of such a system, which will link

  3  Florida's five largest urban areas as defined in this act,

  4  includes acquisition of right-of-way and the financing of

  5  design and construction with construction beginning on or

  6  before November 1, 2003. Further, this act promotes the

  7  various growth management and environmental protection laws

  8  enacted by the Legislature and encourages and enhances the

  9  establishment of a high-speed rail system. The Legislature

10  further finds that:

11         (a)  The implementation of a high-speed rail system in

12  the state will result in overall social and environmental

13  benefits, improvements in ambient air quality, better

14  protection of water quality, greater preservation of wildlife

15  habitat, less use of open space, and enhanced conservation of

16  natural resources and energy.

17         (b)  A high-speed rail system, when developed in

18  conjunction with sound land use planning, becomes an integral

19  part in achieving growth management goals and encourages the

20  use of public transportation to augment and implement land use

21  and growth management goals and objectives.

22         (c)  Development and utilization of a properly

23  designed, constructed, and financed high-speed rail system and

24  associated development can act as a catalyst for economic

25  growth and development, mitigate unduly long and

26  traffic-congested commutes for day-to-day commuters, create

27  new employment opportunities, serve as a positive growth

28  management system for building a better and more

29  environmentally secure state, and serve a paramount public

30  purpose by promoting the health, safety, and welfare of the

31  citizens of the state.


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                                       CS/HB 261, Second Engrossed



  1         (d)  Transportation benefits of a high-speed rail

  2  system include improved travel times and more reliable travel,

  3  which will increase productivity and energy efficiency in the

  4  state.

  5         (2)  The Legislature further finds that:

  6         (a)  Access to timely and efficient modes of passenger

  7  transportation is necessary for travelers, visitors, and

  8  day-to-day commuters, to the quality of life in the state, and

  9  to the economy of the state.

10         (b)  Technological advances in the state's

11  transportation system can significantly and positively affect

12  the ability of the state to attract and provide efficient

13  services for domestic and international tourists and therefore

14  increase revenue of the state.

15         (c)  The geography of the state is suitable for the

16  construction and efficient operation of a high-speed rail

17  system.

18         (d)  The public use of the high-speed rail system must

19  be encouraged and assured in order to achieve the public

20  purpose and objectives set forth in this act. In order to

21  encourage the public use of the high-speed rail system and to

22  protect the public investment in the system, it is necessary

23  to provide an environment surrounding each high-speed rail

24  station which will allow the development of associated

25  development for the purpose of creating revenue in support of

26  and for the high-speed rail system, enhance the safe movement

27  of pedestrians and traffic into and out of the area, ensure

28  the personal safety of high-speed rail system and related

29  facility users and their personal property while the users are

30  in the area of each station, and eliminate all conditions in

31  the vicinity which constitute economic and social impediments


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                                       CS/HB 261, Second Engrossed



  1  and barriers to the use of the high-speed rail system and

  2  associated development.

  3         (e)  Areas surrounding certain proposed high-speed rail

  4  stations can, as a result of existing conditions, crime, and

  5  traffic congestion, pose a serious threat to the use of the

  6  high-speed rail system, reduce revenue from users, discourage

  7  pedestrian and traffic ingress and egress, retard sound growth

  8  and development, impair public investment, and consume an

  9  excessive amount of public revenues in the employment of

10  police and other forms of public protection to adequately

11  safeguard the high-speed rail system and its users. Such areas

12  may require redevelopment, acquisition, clearance, or

13  disposition, or joint public and private development to

14  provide parking facilities, retail establishments,

15  restaurants, hotels, or office facilities associated with or

16  ancillary to the high-speed rail system and rail stations and

17  to otherwise provide for an environment that will encourage

18  the use of, and safeguard, the system.

19         (f)  The powers conferred by this act are for public

20  uses and purposes as established by s. 19, Art. X of the State

21  Constitution for which public funds may be expended, and the

22  necessity in the public interest for the provisions herein

23  enacted is hereby declared as a matter of legislative

24  determination to implement the intent of s. 19, Art. X of the

25  State Constitution.

26         (g)  Urban and social benefits include revitalization

27  of economically depressed areas, the redirection of growth in

28  a carefully and comprehensively planned manner, and the

29  creation of numerous employment opportunities within

30  inner-city areas.

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                                       CS/HB 261, Second Engrossed



  1         (h)  The provisions contained in this act are a

  2  declaration of legislative intent that the state develop a

  3  high-speed rail system to help solve transportation problems

  4  and eliminate their negative effect on the citizens of this

  5  state, and therefore serves a public purpose.

  6         (i)  Joint development is a necessary planning,

  7  financing, management, operation, and construction mechanism

  8  to ensure the continued future development of an efficient and

  9  economically viable high-speed rail system in this state.

10         (3)  It is the intent of the Legislature to authorize

11  the authority to implement innovative mechanisms required to

12  effect the joint public-private venture approach to planning,

13  locating, permitting, managing, financing, constructing,

14  operating, and maintaining a high-speed rail system for the

15  state, including providing incentives for revenue generation,

16  operation, construction, and management by the private sector.

17         Section 39.  Section 341.8203, Florida Statutes, is

18  created to read:

19         341.8203  Definitions.--As used in this act, unless the

20  context clearly indicates otherwise, the term:

21         (1)  "Associated development" means property,

22  equipment, buildings, or other ancillary facilities which are

23  built, installed, or established to provide financing,

24  funding, or revenues for the planning, building, managing, and

25  operation of a high-speed rail system and which are associated

26  with or part of the rail stations. The term includes property,

27  including air rights, necessary for joint development, such as

28  parking facilities, retail establishments, restaurants,

29  hotels, offices, or other commercial, civic, residential, or

30  support facilities, and may also include property necessary to

31  protect or preserve the rail station area by reducing urban


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                                       CS/HB 261, Second Engrossed



  1  blight or traffic congestion or property necessary to

  2  accomplish any of the purposes set forth in this subsection

  3  which are reasonably anticipated or necessary.

  4         (2)  "Authority" means the Florida High-Speed Rail

  5  Authority and its agents.

  6         (3)  "Central Florida" means the counties of Lake,

  7  Seminole, Orange, Osceola, Citrus, Sumter, Volusia, Brevard,

  8  Hernando, Pasco, Hillsborough, Pinellas, and Polk.

  9         (4)  "DBOM contract" means the document and all

10  concomitant rights approved by the authority providing the

11  selected person or entity the exclusive right to design,

12  build, operate, and maintain a high-speed rail system.

13         (5)  "DBOM & F contract" means the document and all

14  concomitant rights approved by the authority providing the

15  selected person or entity the exclusive right to design,

16  build, operate, maintain, and finance a high-speed rail

17  system.

18         (6)  "High-speed rail system" means any high-speed

19  fixed guideway system for transporting people or goods, which

20  system is capable of operating at speeds in excess of 120

21  miles per hour, including, but not limited to, a monorail

22  system, dual track rail system, suspended rail system,

23  magnetic levitation system, pneumatic repulsion system, or

24  other system approved by the authority. The term includes a

25  corridor and structures essential to the operation of the

26  line, including the land, structures, improvements,

27  rights-of-way, easements, rail lines, rail beds, guideway

28  structures, stations, platforms, switches, yards, parking

29  facilities, power relays, switching houses, rail stations,

30  associated development, and any other facilities or equipment

31  used or useful for the purposes of high-speed rail system


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                                       CS/HB 261, Second Engrossed



  1  design, construction, operation, maintenance, or the financing

  2  of the high-speed rail system.

  3         (7)  "Joint development" means the planning, managing,

  4  financing, or constructing of projects adjacent to,

  5  functionally related to, or otherwise related to a high-speed

  6  rail system pursuant to agreements between any person, firm,

  7  corporation, association, organization, agency, or other

  8  entity, public or private.

  9         (8)  "Northeast Florida" means the counties of Nassau,

10  Duval, Clay, St. Johns, Putnam, Alachua, Marion, and Flagler.

11         (9)  "Northwest Florida" means the counties of

12  Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington,

13  Jackson, Gadsden, Bay, Calhoun, Liberty, Gulf, Franklin, Leon,

14  Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,

15  Columbia, Baker, Union, Lafayette, Gilchrist, Dixie, Bradford,

16  and Levy.

17         (10)  "Rail station," "station," or "high-speed rail

18  station" means any structure or transportation facility that

19  is part of a high-speed rail system designed to accommodate

20  the movement of passengers from one mode of transportation to

21  another at which passengers board or disembark from

22  transportation conveyances and transfer from one mode of

23  transportation to another.

24         (11)  "Selected person or entity" means the person or

25  entity to whom the authority awards a contract under s.

26  341.834 to establish a high-speed rail system pursuant to this

27  act.

28         (12)  "Southeast Florida" means the counties of

29  Broward, Monroe, Miami-Dade, Indian River, St. Lucie, Martin,

30  Okeechobee, and Palm Beach.

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                                       CS/HB 261, Second Engrossed



  1         (13)  "Southwest Florida" means the counties of

  2  Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,

  3  Glades, Lee, Hendry, and Collier.

  4         (14)  "Urban areas" means Central Florida, Northeast

  5  Florida, Northwest Florida, Southeast Florida, and Southwest

  6  Florida.

  7         Section 40.  Section 341.821, Florida Statutes, is

  8  amended to read:

  9         341.821  Florida High-Speed Rail Authority.--

10         (1)  There is created and established a body politic

11  and corporate, an agency of the state, to be known as the

12  "Florida High-Speed Rail Authority," hereinafter referred to

13  as the "authority."

14         (2)(a)  The governing board of the authority shall

15  consist of nine voting members appointed as follows:

16         1.  Three members shall be appointed by the Governor,

17  one of whom must have a background in the area of

18  environmental concerns, one of whom must have a legislative

19  background, and one of whom must have a general business

20  background.

21         2.  Three members shall be appointed by the President

22  of the Senate, one of whom must have a background in civil

23  engineering, one of whom must have a background in

24  transportation construction, and one of whom must have a

25  general business background.

26         3.  Three members shall be appointed by the Speaker of

27  the House of Representatives, one of whom must have a legal

28  background, one of whom must have a background in financial

29  matters, and one of whom must have a general business

30  background.

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                                       CS/HB 261, Second Engrossed



  1         (b)  The appointed members shall not be subject to

  2  confirmation by the Senate. The initial term of each member

  3  appointed by the Governor shall be for 4 years. The initial

  4  term of each member appointed by the President of the Senate

  5  shall be for 3 years. The initial term of each member

  6  appointed by the Speaker of the House of Representatives shall

  7  be for 2 years. Succeeding terms for all members shall be for

  8  terms of 4 years. Initial appointments must be made within 30

  9  days after the effective date of this act.

10         (c)  A vacancy occurring during a term shall be filled

11  by the respective appointing authority in the same manner as

12  the original appointment and only for the balance of the

13  unexpired term. An appointment to fill a vacancy shall be made

14  within 60 days after the occurrence of the vacancy.

15         (d)  The Secretary of Transportation shall be a

16  nonvoting ex officio member of the board.

17         (e)  The board shall elect one of its members as chair

18  of the authority. The chair shall hold office at the will of

19  the board. Five members of the board shall constitute a

20  quorum, and the vote of five members shall be necessary for

21  any action taken by the authority. The authority may meet upon

22  the constitution of a quorum. No vacancy in the authority

23  shall impair the right of a quorum of the board to exercise

24  all rights and perform all duties of the authority.

25         (f)  The members of the board shall not be entitled to

26  compensation but shall be entitled to receive their travel and

27  other necessary expenses as provided in s. 112.061.

28         (3)  Notwithstanding any other law to the contrary, it

29  shall not be or constitute a conflict of interest for a person

30  having a background specified in this section to serve as a

31  member of the authority. However, in each official decision to


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                                       CS/HB 261, Second Engrossed



  1  which this act is applicable, such member's firm or related

  2  entity may not have a financial or economic interest nor shall

  3  the authority contract with or conduct any business with a

  4  member or such member's firm or directly related business

  5  entity.

  6         (4)  The authority shall be assigned to the Department

  7  of Transportation for administrative purposes. The authority

  8  shall be a separate budget entity. The Department of

  9  Transportation shall provide administrative support and

10  service to the authority to the extent requested by the chair

11  of the authority. The authority shall not be subject to

12  control, supervision, or direction by the Department of

13  Transportation in any manner, including, but not limited to,

14  personnel, purchasing, transactions involving real or personal

15  property, and budgetary matters.

16         Section 41.  Section 341.822, Florida Statutes, is

17  amended to read:

18         341.822  Powers and duties.--

19         (1)  The authority created and established by this act

20  shall locate, plan, design, finance, construct, maintain, own,

21  operate, administer, and manage the preliminary engineering

22  and preliminary environmental assessment of the intrastate

23  high-speed rail system in the state., hereinafter referred to

24  as "intrastate high-speed rail."

25         (2)  The authority may exercise all powers granted to

26  corporations under the Florida Business Corporation Act,

27  chapter 607, except the authority may only not incur debt in

28  accordance with the provisions of this act.

29         (3)  The authority shall have perpetual succession as a

30  body politic and corporate.

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                                       CS/HB 261, Second Engrossed



  1         (4)  The authority is authorized to seek and obtain

  2  federal matching funds or any other funds to fulfill the

  3  requirements of this act either directly or through the

  4  Department of Transportation.

  5         (5)  The authority may employ an executive director,

  6  permanent or temporary, as it may require and shall determine

  7  the qualifications and fix the compensation. The authority may

  8  delegate to one or more of its agents or employees such of its

  9  power as it deems necessary to carry out the purposes of this

10  act, subject always to the supervision and control of the

11  authority.

12         Section 42.  Section 341.823, Florida Statutes, is

13  amended to read:

14         341.823  Criteria for assessment and recommendations.--

15         (1)  The following criteria shall apply to the

16  establishment of the high-speed rail system in developing the

17  preliminary engineering, preliminary environmental assessment,

18  and recommendations required by this act:

19         (a)  The system shall be capable of traveling speeds in

20  excess of 120 miles per hour consisting of dedicated rails or

21  guideways separated from motor vehicle traffic;

22         (b)  The initial segments of the system will be

23  developed and operated between the St. Petersburg area, the

24  Tampa area, and the Orlando area, with future service to the

25  Miami area;

26         (c)  The authority is to develop a program model that

27  uses, to the maximum extent feasible, nongovernmental sources

28  of funding for the design, construction, maintenance, and

29  operation, and financing of the system;

30         (2)  The authority shall establish requirements make

31  recommendations concerning:


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                                       CS/HB 261, Second Engrossed



  1         (a)  The format and types of information that must be

  2  included in a financial or business plan for the high-speed

  3  rail system, and the authority may develop that financial or

  4  business plan;

  5         (b)  The preferred routes between the cities and urban

  6  areas designated in accordance with s. 341.8203 in paragraph

  7  (1)(b);

  8         (c)  The preferred locations for the stations in the

  9  cities and urban areas designated in accordance with s.

10  341.8203 in paragraph (1)(b);

11         (d)  The preferred locomotion technology to be employed

12  from constitutional choices of monorail, fixed guideway, or

13  magnetic levitation; and

14         (e)  Any changes that may be needed in state statutes

15  or federal laws which would make the proposed system eligible

16  for available federal funding; and

17         (e)(f)  Any other issues the authority deems relevant

18  to the development of a high-speed rail system.

19         (3)  The authority shall develop a marketing plan, a

20  detailed planning-level ridership study, and an estimate of

21  the annual operating and maintenance cost for the system and

22  all other associate expenses.

23         (3)  When preparing the operating plan, the authority

24  shall include:

25         (a)  The frequency of service between the cities

26  designated in paragraph (1)(b);

27         (b)  The proposed fare structure for passenger and

28  freight service;

29         (c)  Proposed trip times, system capacity, passenger

30  accommodations, and amenities;

31


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                                       CS/HB 261, Second Engrossed



  1         (d)  Methods to ensure compliance with applicable

  2  environmental standards and regulations;

  3         (e)  A marketing plan, including strategies that can be

  4  employed to enhance the utilization of the system;

  5         (f)  A detailed planning-level ridership study;

  6         (g)  Consideration of nonfare revenues that may be

  7  derived from:

  8         1.  The sale of development rights at the stations;

  9         2.  License, franchise, and lease fees;

10         3.  Sale of advertising space on the trains or in the

11  stations; and

12         4.  Any other potential sources deemed appropriate.

13         (h)  An estimate of the total cost of the entire

14  system, including, but not limited to, the costs to:

15         1.  Design and build the stations and monorail, fixed

16  guideway, or magnetic levitation system;

17         2.  Acquire any necessary rights-of-way;

18         3.  Purchase or lease rolling stock and other equipment

19  necessary to build, operate, and maintain the system.

20         (i)  An estimate of the annual operating and

21  maintenance costs for the system and all other associated

22  expenses.

23         (j)  An estimate of the value of assets the state or

24  its political subdivisions may provide as in-kind

25  contributions for the system, including rights-of-way,

26  engineering studies performed for previous high-speed rail

27  initiatives, land for rail stations and necessary maintenance

28  facilities, and any expenses that may be incurred by the state

29  or its political subdivisions to accommodate the installation

30  of the system.

31


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                                       CS/HB 261, Second Engrossed



  1         (k)  An estimate of the funding required per year from

  2  state funds for the next 30 years for operating the preferred

  3  routes between the cities designated in paragraph (1)(b).

  4

  5  Whenever applicable and appropriate, the authority will base

  6  estimates of projected costs, expenses, and revenues on

  7  documented expenditures or experience derived from similar

  8  projects.

  9         Section 43.  Section 341.824, Florida Statutes, is

10  amended to read:

11         341.824  Technical, scientific, or other assistance.--

12         (1)  The Florida Transportation Commission, the

13  Department of Community Affairs, and the Department of

14  Environmental Protection shall, at the authority's request,

15  provide technical, scientific, or other assistance.

16         (2)  The Department of Community Affairs shall, if

17  requested, provide assistance to local governments in

18  analyzing the land use and comprehensive planning aspects of

19  the high-speed rail system. The Department of Community

20  Affairs shall assist the authority with the resolution of any

21  conflicts between the system and adopted local comprehensive

22  plans.

23         (3)  The Department of Environmental Protection shall,

24  if requested, provide assistance to local governments and

25  other permitting agencies in analyzing the environmental

26  aspects of the high-speed rail system. The Department of

27  Environmental Protection shall assist the authority and the

28  contractor in expediting the approval of the necessary

29  environmental permits for the system.

30         Section 44.  Section 341.827, Florida Statutes, is

31  created to read:


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                                       CS/HB 261, Second Engrossed



  1         341.827  Service areas; segment designation.--

  2         (1)  The authority shall determine in which order the

  3  service areas, as designated by the Legislature, will be

  4  served by the high-speed rail system.

  5         (2)  The authority shall plan and develop the

  6  high-speed rail system so that construction proceeds as

  7  follows:

  8         (a)  The initial segments of the system shall be

  9  developed and operated between the St. Petersburg area, the

10  Tampa area, the Lakeland/Winter Haven area, and the Orlando

11  area, with future service to the Miami area.

12         (b)  Construction of subsequent segments of the

13  high-speed rail system shall connect the metropolitan areas of

14  Port Canaveral/Cocoa Beach, Ft. Pierce, West Palm Beach, Ft.

15  Lauderdale, Daytona Beach, St. Augustine, Jacksonville, Ft.

16  Myers/Naples, Sarasota/Bradenton, Gainesville/Ocala,

17  Tallahassee, and Pensacola.

18         (c)  Selection of segments of the high-speed rail

19  system to be constructed subsequent to the initial segments of

20  the system shall be prioritized by the authority, giving

21  consideration to the demand for service, financial

22  participation by local governments, financial participation by

23  the private sector, and the available financial resources of

24  the authority.

25         Section 45.  Section 341.828, Florida Statutes, is

26  created to read:

27         341.828  Permitting.--

28         (1)  The authority, for the purposes of permitting, may

29  utilize one or more permitting processes provided for in

30  statute, including, but not limited to, the metropolitan

31  planning organization long-range transportation planning


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                                       CS/HB 261, Second Engrossed



  1  process as defined in s. 339.175 (6) and (7), in conjunction

  2  with the Department of Transportation's work program process

  3  as defined in s. 339.135, or any permitting process now in

  4  effect or that may be in effect at the time of permitting and

  5  will provide the most timely and cost-effective permitting

  6  process.

  7         (2)  The authority shall work in cooperation with

  8  metropolitan planning organizations in areas where the

  9  high-speed rail system will be located. The metropolitan

10  planning organizations shall cooperate with the authority and

11  include the high-speed rail system alignment within their

12  adopted long-range transportation plans and transportation

13  improvement programs for the purposes of providing public

14  information, consistency with the plans, and receipt of

15  federal and state funds by the authority to support the

16  high-speed rail system.

17         (3)  For purposes of selecting a route alignment, the

18  authority may use the project development and environment

19  study process, including the efficient transportation

20  decisionmaking system process as adopted by the Department of

21  Transportation.

22         Section 46.  Section 341.829, Florida Statutes, is

23  created to read:

24         341.829  Conflict prevention, mitigation, and

25  resolution.--

26         (1)  The authority, in conjunction with the Executive

27  Office of the Governor, the Department of Community Affairs,

28  and the Department of Environmental Protection, shall develop

29  and implement, within 180 days after the effective date of

30  this act, a process to prevent, mitigate, and resolve, to the

31  maximum extent feasible, any conflicts or potential conflicts


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                                       CS/HB 261, Second Engrossed



  1  of a high-speed rail system with growth management

  2  requirements and environmental standards.

  3         (2)  Any person who disagrees with the alignment

  4  decision must file a complaint with the authority within 20

  5  days after the authority's final adoption of the alignment.

  6         (3)  The authority must respond to any timely filed

  7  complaint within 60 days after the complaint is filed with the

  8  authority.

  9         Section 47.  Section 341.830, Florida Statutes, is

10  created to read:

11         341.830  Procurement.--

12         (1)  The authority may employ procurement methods under

13  chapters 255, 287, and 337 and under any rule adopted under

14  such chapters.  To enhance the effective and efficient

15  operation of the authority, and to enhance the ability of the

16  authority to use best business practices, the authority may,

17  pursuant to ss. 120.536(1) and 120.54, adopt rules for and

18  employ procurement methods available to the private sector.

19         (2)  The authority is authorized to procure commodities

20  and the services of a qualified person or entity to design,

21  build, finance, operate, maintain, and implement a high-speed

22  rail system, including the use of a DBOM or DBOM & F method

23  using a request for proposal, a request for qualifications, or

24  an invitation to negotiate.

25         Section 48.  Section 341.831, Florida Statutes, is

26  created to read:

27         341.831  Prequalification.--

28         (1)  The authority may prequalify interested persons or

29  entities prior to seeking proposals for the design,

30  construction, operation, maintenance, and financing of the

31  high-speed rail system. The authority may establish qualifying


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                                       CS/HB 261, Second Engrossed



  1  criteria that may include, but not be limited to, experience,

  2  financial resources, organization and personnel, equipment,

  3  past record or history of the person or entity, ability to

  4  finance or issue bonds, and ability to post a construction or

  5  performance bond.

  6         (2)  The authority may establish the qualifying

  7  criteria in a request for qualification without adopting the

  8  qualifying criteria as rules.

  9         Section 49.  Section 341.832, Florida Statutes, is

10  created to read:

11         341.832  Request for qualifications.--

12         (1)  The authority is authorized to develop and execute

13  a request for qualifications process to seek a person or

14  entity to design, build, operate, maintain, and finance a

15  high-speed rail system. The authority may issue multiple

16  requests for qualifications. The authority shall develop

17  criteria for selection of a person or entity that shall be

18  included in any request for qualifications.

19         (2)  The authority may issue a request for

20  qualifications without adopting a rule.

21         Section 50.  Section 341.833, Florida Statutes, is

22  created to read:

23         341.833  Request for proposals.--

24         (1)  The authority is authorized to develop and execute

25  a request for proposals process to seek a person or entity to

26  design, build, operate, maintain, and finance a high-speed

27  rail system. The authority may issue multiple requests for

28  proposals. The authority shall develop criteria for selection

29  of a person or entity that shall be included in any request

30  for proposals.

31


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                                       CS/HB 261, Second Engrossed



  1         (2)  In the request for proposals, the authority shall

  2  specify the minimum period of time for the contract duration.

  3  A person or entity may propose a longer period of time for the

  4  contract and provide justification of the need for an extended

  5  contract period. If the authority extends the time period for

  6  the contract, such time period shall be extended for all

  7  persons or entities if so requested.

  8         Section 51.  Section 341.834, Florida Statutes, is

  9  created to read:

10         341.834  Award of contract.--

11         (1)  The authority may award a contract subject to such

12  terms and conditions, including, but not limited to,

13  compliance with any applicable permitting requirements, and

14  any other terms and conditions the authority considers

15  appropriate.

16         (2)  The contract shall authorize the contractor to

17  provide service between stations as established by the

18  contract. The contractor shall coordinate its facilities and

19  services with passenger rail providers, commuter rail

20  authorities, and public transit providers to provide access to

21  and from the high-speed rail system.

22         (3)  The contractor shall not convey, lease, or

23  otherwise transfer any high-speed rail system property, any

24  interest in such property, or any improvement constructed upon

25  such property without written approval of the authority.

26         Section 52.  Section 341.835, Florida Statutes, is

27  created to read:

28         341.835  Acquisition of property; rights-of-way;

29  disposal of land.--

30         (1)  The authority may purchase, lease, exchange, or

31  otherwise acquire any land, property interests, or buildings


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                                       CS/HB 261, Second Engrossed



  1  or other improvements, including personal property within such

  2  buildings or on such lands, necessary to secure or utilize

  3  rights-of-way for existing, proposed, or anticipated

  4  high-speed rail system facilities.

  5         (2)  Title to any property acquired in the name of the

  6  authority shall be administered by the authority under such

  7  terms and conditions as the authority may require.

  8         (3)  When the authority acquires property for a

  9  high-speed rail system, or any related or ancillary

10  facilities, by purchase or donation, it is not subject to any

11  liability imposed by chapter 376 or chapter 403 for

12  preexisting soil or groundwater contamination due solely to

13  its ownership.  This section does not affect the rights or

14  liabilities of any past or future owners of the acquired

15  property, nor does it affect the liability of any governmental

16  entity for the results of its actions which create or

17  exacerbate a pollution source. The authority and the

18  Department of Environmental Protection may enter into

19  interagency agreements for the performance, funding, and

20  reimbursement of the investigative and remedial acts necessary

21  for property acquired by the authority.

22         (4)  In acquiring property or property rights for any

23  high-speed rail system or related or ancillary facilities, the

24  authority may acquire an entire lot, block, or tract of land

25  if the interests of the public will be best served by such

26  acquisition, even though the entire lot, block, or tract is

27  not immediately needed for the right-of-way proper or for the

28  specific related or ancillary facilities.

29         (5)  The authority, by resolution, may dispose of any

30  interest in property acquired pursuant to this section on

31  terms and conditions the authority deems appropriate.


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                                       CS/HB 261, Second Engrossed



  1         (6)  The authority and its employees and agents shall

  2  have the right to enter upon properties which may be

  3  determined to be necessary for the construction,

  4  reconstruction, relocation, maintenance, and operation of a

  5  proposed high-speed rail system and associated development and

  6  related or ancillary facilities as described in subsection (1)

  7  for the purposes of surveying and soil and environmental

  8  testing.

  9         (7)  The authority is authorized to accept donations of

10  real property from public or private entities for the purposes

11  of implementing a high-speed rail system.

12         Section 53.  Section 341.836, Florida Statutes, is

13  created to read:

14         341.836  Associated development.--

15         (1)  The authority, alone or as part of a joint

16  development, may undertake development of associated

17  developments to be a source of revenue for the establishment,

18  construction, operation, or maintenance of the high-speed rail

19  system.  Such associated developments must be associated with

20  a rail station and have pedestrian ingress to and egress from

21  the rail station; be consistent, to the extent feasible, with

22  applicable local government comprehensive plans and local land

23  development regulations; and otherwise be in compliance with

24  the provisions of this act.

25         (2)  This act does not prohibit the authority, the

26  selected person or entity, or a party to a joint venture with

27  the authority or its selected person or entity from obtaining

28  approval, pursuant to any other law, for any associated

29  development that is reasonably related to the high-speed rail

30  system.

31


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                                       CS/HB 261, Second Engrossed



  1         Section 54.  Section 341.837, Florida Statutes, is

  2  created to read:

  3         341.837  Payment of expenses.--All expenses incurred in

  4  carrying out the provisions of this act shall be payable

  5  solely from funds provided under the authority of this act, or

  6  from other legally available sources.

  7         Section 55.  Section 341.838, Florida Statutes, is

  8  created to read:

  9         341.838  Rates, rents, fees, and charges.--

10         (1)  The authority is authorized to fix, revise,

11  charge, and collect rates, rents, fees, charges, and revenues

12  for the use of and for the services furnished, or to be

13  furnished, by the system and to contract with any person,

14  partnership, association, corporation, or other body, public

15  or private, in respect thereof. Such rates, rents, fees, and

16  charges shall be reviewed annually by the authority and may be

17  adjusted as set forth in the contract setting such rates,

18  rents, fees, or charges. The funds collected hereunder shall,

19  with any other funds available, be used to pay the cost of all

20  administrative expenses of the authority, and the cost of

21  designing, building, operating, and maintaining the system and

22  each and every portion thereof, to the extent that the payment

23  of such cost has not otherwise been adequately provided for.

24         (2)  Rates, rents, fees, and charges fixed, revised,

25  charged, and collected pursuant to this section shall not be

26  subject to supervision or regulation by any department,

27  commission, board, body, bureau, or agency of this state other

28  than the authority.

29         Section 56.  Section 341.839, Florida Statutes, is

30  created to read:

31


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                                       CS/HB 261, Second Engrossed



  1         341.839  Alternate means.--The foregoing sections of

  2  this act shall be deemed to provide an additional and

  3  alternative method for accomplishing the purposes authorized

  4  therein, and shall be regarded as supplemental and additional

  5  to powers conferred by other laws. Except as otherwise

  6  expressly provided in this act, none of the powers granted to

  7  the authority under the provisions of this act shall be

  8  subject to the supervision or require the approval or consent

  9  of any municipality or political subdivision or any

10  commission, board, body, bureau, or official.

11         Section 57.  Section 341.840, Florida Statutes, is

12  created to read:

13         341.840  Tax exemption.--The exercise of the powers

14  granted by this act will be in all respects for the benefit of

15  the people of this state, for the increase of their commerce,

16  welfare, and prosperity, and for the improvement of their

17  health and living conditions, and as the design, building,

18  operation, maintenance, and financing of a system by the

19  authority or its agent or the owner or lessee thereof, as

20  herein authorized, constitutes the performance of an essential

21  public function, neither the authority, its agent, nor the

22  owner of such system shall be required to pay any taxes or

23  assessments upon or in respect to the system or any property

24  acquired or used by the authority, its agent, or such owner

25  under the provisions of this act or upon the income therefrom,

26  any security therefor, their transfer, and the income

27  therefrom, including any profit made on the sale thereof,

28  shall at all times be free from taxation of every kind by the

29  state, the counties, and the municipalities and other

30  political subdivisions in the state.

31


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  1         Section 58.  Section 341.841, Florida Statutes, is

  2  created to read:

  3         341.841  Report; audit.--The authority shall prepare an

  4  annual report of its actions, findings, and recommendations

  5  and submit the report to the Governor, the President of the

  6  Senate, and the Speaker of the House of Representatives on or

  7  before January 1. The authority shall provide for an annual

  8  financial audit, as defined in s. 11.45, of its accounts and

  9  records conducted by an independent certified public

10  accountant. The audit report shall include a management letter

11  as defined in s. 11.45. The cost of the audit shall be paid

12  from funds available to the authority pursuant to this act.

13         Section 59.  Section 341.842, Florida Statutes, is

14  created to read:

15         341.842  Liberal construction.--This act, being

16  necessary for the welfare of the state and its inhabitants,

17  shall be liberally construed to effect the purposes hereof.

18         Section 60.  Subsection (10) of section 288.109,

19  Florida Statutes, is amended to read:

20         288.109  One-Stop Permitting System.--

21         (10)  Notwithstanding any other provision of law or

22  administrative rule to the contrary, the fee imposed by a

23  state agency or water management district for issuing a

24  development permit shall be waived for a 6-month period

25  beginning on the date the state agency or water management

26  district begins accepting development permit applications over

27  the Internet and the applicant submits the development permit

28  to the agency or district using the One-Stop Permitting

29  System. The 6-month fee waiver shall not apply to development

30  permit fees assessed by the Electrical Power Plant Siting Act,

31  ss. 403.501-403.519; the Transmission Line Siting Act, ss.


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                                       CS/HB 261, Second Engrossed



  1  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

  2  Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas

  3  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

  4  Rail Transportation Siting Act, ss. 341.3201-341.386.

  5         Section 61.  Subsection (6) of section 334.30, Florida

  6  Statutes, is amended to read:

  7         334.30  Private transportation facilities.--The

  8  Legislature hereby finds and declares that there is a public

  9  need for rapid construction of safe and efficient

10  transportation facilities for the purpose of travel within the

11  state, and that it is in the public's interest to provide for

12  the construction of additional safe, convenient, and

13  economical transportation facilities.

14         (6)  Notwithstanding s. 341.327, A fixed-guideway

15  transportation system authorized by the department to be

16  wholly or partially within the department's right-of-way

17  pursuant to a lease granted under s. 337.251 may operate at

18  any safe speed.

19         Section 62.  Subsection (9) of section 337.251, Florida

20  Statutes, is amended to read:

21         337.251  Lease of property for joint public-private

22  development and areas above or below department property.--

23         (9)  Notwithstanding s. 341.327, A fixed-guideway

24  transportation system authorized by the department to be

25  wholly or partially within the department's right-of-way

26  pursuant to a lease granted under this section may operate at

27  any safe speed.

28         Section 63.  Section 341.501, Florida Statutes, is

29  amended to read:

30         341.501  High-technology transportation systems; joint

31  project agreement or assistance.--Notwithstanding any other


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                                       CS/HB 261, Second Engrossed



  1  provision of law, the Department of Transportation may enter

  2  into a joint project agreement with, or otherwise assist,

  3  private or public entities, or consortia thereof, to

  4  facilitate the research, development, and demonstration of

  5  high-technology transportation systems, including, but not

  6  limited to, systems using magnetic levitation technology. The

  7  provisions of the Florida High-Speed Rail Transportation Act,

  8  ss. 341.3201-341.386, do not apply to actions taken under this

  9  section, and The department may, subject to s. 339.135,

10  provide funds to match any available federal aid for

11  effectuating the research, development, and demonstration of

12  high-technology transportation systems.

13         Section 64.  Sections 341.3201, 341.321, 341.322,

14  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

15  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

16  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

17  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

18  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

19  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

20  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

21  repealed.

22         Section 65.  Except as otherwise provided herein, this

23  act shall take effect July 1, 2002.

24

25

26

27

28

29

30

31


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