Senate Bill sb0502c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                            CS for SB 502

    By the Committee on Transportation; and Senator Sebesta





    306-858A-02

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending s. 20.23, F.S.;

  4         transferring the Office of Toll Operations to

  5         the turnpike enterprise; redesignating the

  6         turnpike district as the turnpike enterprise;

  7         amending s. 316.302, F.S.; updating federal

  8         references; revising out-of-service

  9         requirements for commercial motor vehicles;

10         amending s. 316.535, F.S.; adding weight

11         requirements for certain commercial trucks;

12         amending s. 316.545, F.S.; conforming

13         provisions; amending s. 334.044, F.S.;

14         providing powers and duties for department law

15         enforcement officers; amending s. 337.025,

16         F.S.; eliminating the cap on innovative highway

17         projects for the turnpike enterprise; amending

18         s. 337.107, F.S.; authorizing the department to

19         enter into design-build contracts that include

20         right-of-way acquisition services; amending s.

21         337.11, F.S.; providing an exemption for

22         turnpike enterprise projects; raising the

23         limitation on certain contracts into which the

24         department may enter without first obtaining

25         bids; expanding the projects that may be

26         combined into a design-build contract;

27         providing restrictions; amending s. 338.165,

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

29         338.22, F.S.; redesignating the Florida

30         Turnpike Law as the Florida Turnpike Enterprise

31         Law; amending s. 338.221, F.S.; redefining the

                                  1

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         term "economically feasible" as used with

  2         respect to turnpike projects; creating s.

  3         338.2215, F.S.; providing legislative findings,

  4         policy, purpose, and intent for the turnpike

  5         enterprise; creating s. 338.2216, F.S.;

  6         prescribing the power and authority of the

  7         turnpike enterprise; amending s. 338.223, F.S.;

  8         increasing the maximum loan amount for the

  9         turnpike enterprise; amending ss. 338.165,

10         338.227, F.S.; conforming provisions; amending

11         s. 338.2275, F.S.; authorizing the turnpike

12         enterprise to advertise for bids for contracts

13         before obtaining environmental permits;

14         amending s. 338.234, F.S.; authorizing the

15         turnpike enterprise to expand business

16         opportunities; amending s. 338.235, F.S.;

17         authorizing the consideration of goods instead

18         of fees; amending s. 338.239, F.S.; providing

19         that approved expenditures to the Florida

20         Highway Patrol be paid by the turnpike

21         enterprise; amending s. 338.241, F.S.; lowering

22         the required cash reserve for the turnpike

23         enterprise; amending ss. 338.251, 339.135,

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

25         339.12, F.S.; raising the amount that local

26         governments may advance to the department;

27         amending s. 553.80, F.S.; providing for

28         self-regulation; providing an effective date.

29

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

31

                                  2

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         Section 1.  Paragraphs (c) and (d) of subsection (3),

  2  paragraph (a) of subsection (4), and subsection (6) of section

  3  20.23, Florida Statutes, are amended, and paragraph (f) is

  4  added to subsection (4) of that section, to read:

  5         20.23  Department of Transportation.--There is created

  6  a Department of Transportation which shall be a decentralized

  7  agency.

  8         (3)

  9         (c)  The secretary shall appoint an Assistant Secretary

10  for Transportation Policy, an Assistant Secretary for Finance

11  and Administration, and an Assistant Secretary for District

12  Operations, each of whom shall serve at the pleasure of the

13  secretary.  The positions are responsible for developing,

14  monitoring, and enforcing policy and managing major technical

15  programs.  The responsibilities and duties of these positions

16  include, but are not limited to, the following functional

17  areas:

18         1.  Assistant Secretary for Transportation Policy.--

19         a.  Development of the Florida Transportation Plan and

20  other policy planning;

21         b.  Development of statewide modal systems plans,

22  including public transportation systems;

23         c.  Design of transportation facilities;

24         d.  Construction of transportation facilities;

25         e.  Acquisition and management of transportation

26  rights-of-way; and

27         f.  Administration of motor carrier compliance and

28  safety.

29         2.  Assistant Secretary for District Operations.--

30         a.  Administration of the seven eight districts; and

31

                                  3

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         b.  Implementation of the decentralization of the

  2  department.

  3         3.  Assistant Secretary for Finance and

  4  Administration.--

  5         a.  Financial planning and management;

  6         b.  Information systems;

  7         c.  Accounting systems; and

  8         d.  Administrative functions.; and

  9         e.  Administration of toll operations.

10         (d)1.  Policy, program, or operations offices shall be

11  established within the central office for the purposes of:

12         a.  Developing policy and procedures and monitoring

13  performance to ensure compliance with these policies and

14  procedures;

15         b.  Performing statewide activities which it is more

16  cost-effective to perform in a central location;

17         c.  Assessing and ensuring the accuracy of information

18  within the department's financial management information

19  systems; and

20         d.  Performing other activities of a statewide nature.

21         2.  The following offices are established and shall be

22  headed by a manager, each of whom shall be appointed by and

23  serve at the pleasure of the secretary. The positions shall be

24  classified at a level equal to a division director:

25         a.  The Office of Administration;

26         b.  The Office of Policy Planning;

27         c.  The Office of Design;

28         d.  The Office of Highway Operations;

29         e.  The Office of Right-of-Way;

30         f.  The Office of Toll Operations;

31         f.g.  The Office of Information Systems; and

                                  4

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         g.h.  The Office of Motor Carrier Compliance.

  2         3.  Other offices may be established in accordance with

  3  s. 20.04(7). The heads of such offices are exempt from part II

  4  of chapter 110. No office or organization shall be created at

  5  a level equal to or higher than a division without specific

  6  legislative authority.

  7         4.  During the construction of a major transportation

  8  improvement project or as determined by the district

  9  secretary, the department may provide assistance to a business

10  entity significantly impacted by the project if the entity is

11  a for-profit entity that has been in business for 3 years

12  prior to the beginning of construction and has direct or

13  shared access to the transportation project being constructed.

14  The assistance program shall be in the form of additional

15  guarantees to assist the impacted business entity in receiving

16  loans pursuant to Title 13 C.F.R. part 120. However, in no

17  instance shall the combined guarantees be greater than 90

18  percent of the loan. The department shall adopt rules to

19  implement this subparagraph.

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

21  organized into seven eight districts, including a turnpike

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

23  enterprise headed by an executive director. The district

24  secretaries shall report to the Assistant Secretary for

25  District Operations. The headquarters of the districts shall

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

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

28  the turnpike enterprise shall be located in district must be

29  relocated to Orange County in the year 2000. In order to

30  provide for efficient operations and to expedite the

31  decisionmaking process, the department shall provide for

                                  5

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  maximum decentralization to the districts. However, before

  2  making a decision to centralize or decentralize department

  3  operations or relocate the turnpike district, the department

  4  must first determine if the decision would be cost-effective

  5  and in the public's best interest. The department shall

  6  periodically evaluate such decisions to ensure that they are

  7  appropriate.

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

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

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

11  secretary. The executive director shall report directly to the

12  secretary, and the turnpike enterprise shall operate pursuant

13  to ss. 338.22-338.241.

14         2.  To facilitate the most efficient and effective

15  management of the turnpike enterprise, including the use of

16  best business practices employed by the private sector, the

17  turnpike enterprise is exempt from the department's policies,

18  procedures, and standards, subject to the secretary's

19  authority to apply any such policies, procedures, and

20  standards to the turnpike enterprise when he or she considers

21  it appropriate.

22         3.  To enhance the ability of the turnpike enterprise

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

24  the secretary shall adopt rules that exempt the turnpike

25  enterprise from the department's rules and authorize the

26  turnpike enterprise to employ procurement methods available to

27  the private sector.

28         (6)  To facilitate the efficient and effective

29  management of the department in a businesslike manner, the

30  department shall develop a system for the submission of

31  monthly management reports to the Florida Transportation

                                  6

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  Commission and secretary from the district secretaries and the

  2  executive director of the turnpike enterprise.  The commission

  3  and the secretary shall determine which reports are required

  4  to fulfill their respective responsibilities under this

  5  section.  A copy of each such report shall be submitted

  6  monthly to the appropriations and transportation committees of

  7  the Senate and the House of Representatives. Recommendations

  8  made by the Auditor General in his or her audits of the

  9  department that relate to management practices, systems, or

10  reports shall be implemented in a timely manner.  However, if

11  the department determines that one or more of the

12  recommendations should be altered or should not be

13  implemented, it shall provide a written explanation of such

14  determination to the Legislative Auditing Committee within 6

15  months after the date the recommendations were published.

16         Section 2.  Paragraph (b) of subsection (1) and

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

18  amended to read:

19         316.302  Commercial motor vehicles; safety regulations;

20  transporters and shippers of hazardous materials;

21  enforcement.--

22         (1)

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

24  owners or drivers of commercial motor vehicles that are

25  engaged in intrastate commerce are subject to the rules and

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

27  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

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

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

31  enforcement officer Any agent of the Department of

                                  7

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  Transportation or its agent, or any other law enforcement

  2  officer specified in s. 316.640 who holds a current

  3  safety-inspector certification from the Commercial Vehicle

  4  Safety Alliance, may require the driver of any commercial

  5  vehicle operated on the highways of this state to stop and

  6  submit to an inspection of the vehicle or the driver's

  7  records. described in s. 316.545(9), any member of the Florida

  8  Highway Patrol, or any person employed by a sheriff's office

  9  or municipal police department who is authorized to enforce

10  the traffic laws of this state pursuant to s. 316.640 may

11  enforce the provisions of this section.  Any officer of the

12  Department of Transportation described in s. 316.545(9), any

13  member of the Florida Highway Patrol, or any law enforcement

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

15  department authorized to enforce the traffic laws of this

16  state pursuant to s. 316.640, who has reason to believe that a

17  vehicle or driver is operating in an unsafe condition, may

18  require the driver to stop and submit to an inspection of the

19  vehicle or the driver's records.  Any person who fails to

20  comply with an officer's request to submit to an inspection

21  under this subsection is guilty of a violation of s. 843.02 if

22  the driver resists the officer without violence or a violation

23  of s. 843.01 if the driver resists the officer with violence.

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

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

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

27  operation would probably present an unduly hazardous operating

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

29  or both, to be removed from service under the North American

30  Uniform Out-of-Service Criteria until the condition has been

31  corrected. However, if continuous operation would not present

                                  8

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  an unduly hazardous operating condition, the officer may give

  2  written notice requiring correction to require proper repair

  3  and adjustment of the condition vehicle within 14 days.

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

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

  6  municipal police department authorized to enforce the traffic

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

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

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

10  provisions of this section.

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

12  request to submit to an inspection under this subsection is

13  guilty of a violation of s. 843.02 if the driver resists the

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

15  driver resists the officer with violence.

16         Section 3.  Present subsections (6) and (7) of section

17  316.535, Florida Statutes, are redesignated as subsections (7)

18  and (8), respectively, and amended, and a new subsection (6)

19  is added to that section, to read:

20         316.535  Maximum weights.--

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

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

23  gasoline trucks designed and constructed for special-type work

24  or use, when operated as a single unit, are subject to all

25  safety and operational requirements of law, except that any

26  such vehicle need not conform to the axle-spacing requirements

27  of this section if the vehicle's total gross load, including

28  the weight of the vehicle, does not exceed 20,000 pounds per

29  axle plus scale tolerances and does not exceed 550 pounds per

30  inch width tire surface plus scale tolerances. A vehicle

31  operating pursuant to this section must not exceed a gross

                                  9

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  weight, including the weight of the vehicle and scale

  2  tolerances, of 70,000 pounds. Any vehicle that violates the

  3  weight provisions of this section shall be penalized as

  4  provided in s. 316.545.

  5         (7)(6)  The Department of Transportation shall adopt

  6  rules to implement this section, shall enforce this section

  7  and the rules adopted hereunder, and shall publish and

  8  distribute tables and other publications as deemed necessary

  9  to inform the public.

10         (8)(7)  Except as otherwise hereinafter provided, a no

11  vehicle or combination of vehicles which exceeds exceeding the

12  gross weights specified in subsections (3), (4), and (5), and

13  (6) may not shall be permitted to travel on the public

14  highways within the state.

15         Section 4.  Paragraph (a) of subsection (2) and

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

17  Statutes, are amended to read:

18         316.545  Weight and load unlawful; special fuel and

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

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

21  combination of vehicles with load, determines that the axle

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

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

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

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

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

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

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

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

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

31  facilitate compliance with and enforcement of the weight

                                  10

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  limits established in s. 316.535, weight tables published

  2  pursuant to s. 316.535(7) s. 316.535(6) shall include a

  3  10-percent scale tolerance and shall thereby reflect the

  4  maximum scaled weights allowed any vehicle or combination of

  5  vehicles.  As used in this section, scale tolerance means the

  6  allowable deviation from legal weights established in s.

  7  316.535.  Notwithstanding any other provision of the weight

  8  law, if a vehicle or combination of vehicles does not exceed

  9  the gross, external bridge, or internal bridge weight limits

10  imposed in s. 316.535 and the driver of such vehicle or

11  combination of vehicles can comply with the requirements of

12  this chapter by shifting or equalizing the load on all wheels

13  or axles and does so when requested by the proper authority,

14  the driver shall not be held to be operating in violation of

15  said weight limits.

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

17  316.003(66), may not shall be operated over the highways of

18  this state unless it has been properly registered under the

19  provisions of s. 207.004. If Whenever any law enforcement

20  officer identified in s. 207.023(1), upon inspecting the

21  vehicle or combination of vehicles, determines that the

22  vehicle is in violation of s. 207.004, a penalty in the amount

23  of $50 shall be assessed, and the vehicle may shall be

24  detained until payment is collected by the law enforcement

25  officer.

26         Section 5.  Subsection (31) is added to section

27  334.044, Florida Statutes, to read:

28         334.044  Department; powers and duties.--The department

29  shall have the following general powers and duties:

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

31  provide a safe and efficient transportation system, the

                                  11

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  department's Office of Motor Carrier Compliance may employ

  2  sworn law enforcement officers, certified in accordance with

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

  4  state. Such officers have full law enforcement powers granted

  5  to other peace officers of this state, including the power to

  6  make arrests, carry firearms, serve court process, and seize

  7  contraband and the proceeds of illegal activities. Officers

  8  appointed under this section have the primary responsibility

  9  for enforcing laws relating to size and weight of commercial

10  motor vehicles; safety, traffic, tax, and registration of

11  commercial motor vehicles; contraband interdiction; and

12  violations that threaten the overall security and safety of

13  this state's transportation infrastructure and the motoring

14  public. The division may also appoint part-time or auxiliary

15  law enforcement officers under chapter 943 and may provide

16  their compensation in accordance with law.

17         Section 6.  Section 337.025, Florida Statutes, is

18  amended to read:

19         337.025  Innovative highway projects; department to

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

21  a program for highway projects demonstrating innovative

22  techniques of highway construction, maintenance, and finance

23  which have the intended effect of controlling time and cost

24  increases on construction projects.  Such techniques may

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

26  for pavement, safety, and other aspects of highway

27  construction and maintenance; innovative bidding and financing

28  techniques; accelerated construction procedures; and those

29  techniques that have the potential to reduce project life

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

31  must use the existing process to award and administer

                                  12

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  construction and maintenance contracts.  When specific

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

  3  required to adhere to those provisions of law that would

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

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

  6  innovative technique that is inconsistent with another

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

  8  need for the exception and identify what benefits the

  9  traveling public and the affected community are anticipated to

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

11  million in contracts annually for the purposes authorized by

12  this section. However, the annual limitation on contracts

13  which is provided in this section does not apply to turnpike

14  enterprise projects, nor may turnpike enterprise projects be

15  counted toward the department's annual limitation.

16         Section 7.  Effective July 1, 2003, section 337.107,

17  Florida Statutes, as amended by section 3 of chapter 2001-350,

18  Laws of Florida, is amended to read:

19         337.107  Contracts for right-of-way services.--The

20  department may enter into contracts pursuant to s. 287.055 for

21  right-of-way services on transportation corridors and

22  transportation facilities or the department may include

23  right-of-way services, as defined in this section, as part of

24  the design-build contracts awarded pursuant to s. 337.11.

25  Right-of-way services include negotiation and acquisition

26  services, appraisal services, demolition and removal of

27  improvements, and asbestos-abatement services.

28         Section 8.  Paragraph (c) of subsection (3) and

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

30  Statutes, are amended to read:

31

                                  13

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         337.11  Contracting authority of department; bids;

  2  emergency repairs, supplemental agreements, and change orders;

  3  combined design and construction contracts; progress payments;

  4  records; requirements of vehicle registration.--

  5         (3)

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

  7  no bid solicitation notice shall be provided until title to

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

  9  of the project covered by such advertisement or notice has

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

11  railroad crossing and utility agreements have been executed.

12  The turnpike enterprise is exempt from this paragraph with

13  respect to a turnpike enterprise project. Title to all

14  necessary rights-of-way shall be deemed to have been vested in

15  the State of Florida when such title has been dedicated to the

16  public or acquired by prescription.

17         (6)

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

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

20  economy, improved operations or safety, and only when

21  circumstances dictate rapid completion of the work, the

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

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

24  for construction and maintenance without advertising and

25  receiving competitive bids. However, if legislation is enacted

26  by the Legislature which changes the category thresholds, the

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

28  enter into such contracts only upon a determination that the

29  work is necessary for one of the following reasons:

30         1.  To ensure timely completion of projects or

31  avoidance of undue delay for other projects;

                                  14

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         2.  To accomplish minor repairs or construction and

  2  maintenance activities for which time is of the essence and

  3  for which significant cost savings would occur; or

  4         3.  To accomplish nonemergency work necessary to ensure

  5  avoidance of adverse conditions that affect the safe and

  6  efficient flow of traffic.

  7

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

  9  more quotes, if available, from qualified contractors before

10  entering into any contract. The department shall give

11  consideration to disadvantaged business enterprise

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

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

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

15  prime contractor on the existing contract.

16         Section 9.  Effective July 1, 2003, paragraph (a) of

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

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

19  to read:

20         337.11  Contracting authority of department; bids;

21  emergency repairs, supplemental agreements, and change orders;

22  combined design and construction contracts; progress payments;

23  records; requirements of vehicle registration.--

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

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

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

27  phases of any a building, a major bridge, or a rail corridor

28  project into a single contract, except for resurfacing or

29  minor bridge projects that may be combined under s. 337.025.

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

31  Design-build contracts may be advertised and awarded

                                  15

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




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

  2  construction activities may not begin on any portion of such

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

  4  easements for the construction of that portion of the project

  5  have vested in the state or a local governmental entity and

  6  all railroad crossing and utility agreements have been

  7  executed. Title to rights-of-way vests in the state when the

  8  title has been dedicated to the public or acquired by

  9  prescription.

10         Section 10.  Section 338.165, Florida Statutes, is

11  amended to read:

12         338.165  Continuation of tolls.--

13         (1)  The department, any transportation or expressway

14  authority or, in the absence of an authority, a county or

15  counties may continue to collect the toll on a

16  revenue-producing project after the discharge of any bond

17  indebtedness related to such project and may increase such

18  toll. All tolls so collected shall first be used to pay the

19  annual cost of the operation, maintenance, and improvement of

20  the toll project.

21         (2)  If the revenue-producing project is on the State

22  Highway System, any remaining toll revenue shall be used for

23  the construction, maintenance, or improvement of any road on

24  the State Highway System within the county or counties in

25  which the revenue-producing project is located, except as

26  provided in s. 348.0004.

27         (3)  Notwithstanding any other law to the contrary,

28  pursuant to s. 11, Art. VII of the State Constitution, and

29  subject to the requirements of subsection (2), the Department

30  of Transportation may request the Division of Bond Finance to

31  issue bonds secured by toll revenues collected on the

                                  16

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  Alligator Alley, Sunshine Skyway Bridge, Beeline East

  2  Expressway, and Pinellas Bayway to fund transportation

  3  projects located within the county or counties in which the

  4  facility is located and contained in the 1993-1994 Adopted

  5  Work Program or in any subsequent adopted work program of the

  6  department.

  7         (4)  If the revenue-producing project is on the county

  8  road system, any remaining toll revenue shall be used for the

  9  construction, maintenance, or improvement of any other state

10  or county road within the county or counties in which the

11  revenue-producing project is located, except as provided in s.

12  348.0004.

13         (5)  Selection of projects on the State Highway System

14  for construction, maintenance, or improvement with toll

15  revenues shall be, with the concurrence of the department,

16  consistent with the Florida Transportation Plan.

17         (6)  Notwithstanding the provisions of subsection (1),

18  and not including high occupancy toll lanes or express lanes,

19  no tolls may be charged for use of an interstate highway where

20  tolls were not charged as of July 1, 1997.

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

22  as defined under the Florida Turnpike Enterprise Law.

23         Section 11.  Section 338.22, Florida Statutes, is

24  amended to read:

25         338.22  Florida Turnpike Law; short title.--Sections

26  338.22-338.241 may be cited as the "Florida Turnpike

27  Enterprise Law."

28         Section 12.  Section 338.221, Florida Statutes, is

29  amended to read:

30         338.221  Definitions of terms used in ss.

31  338.22-338.241.--As used in ss. 338.22-338.241, the term

                                  17

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  following words and terms have the following meanings, unless

  2  the context indicates another or different meaning or intent:

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

  4  refunding bonds or other evidences of indebtedness or

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

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

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

  8  State Bond Act.

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

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

11  easements, and interests acquired by the department for

12  turnpike project construction; the cost of such construction;

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

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

15  reserves to secure bonds; interest prior to and during

16  construction and for such period after completion of

17  construction as shall be determined by the department; the

18  cost of traffic estimates and of engineering and legal

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

20  and revenues; other expenses necessary or incident to

21  determining the feasibility or practicability of acquiring or

22  constructing any such turnpike project; administrative

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

24  incident to the acquisition or construction of a turnpike

25  project, the financing of such acquisition or construction,

26  and the placing of the turnpike project in operation.

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

28  in length, connecting to the turnpike system which the

29  department determines is necessary to create or facilitate

30  access to a turnpike project.

31

                                  18

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




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

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

  3  right, easement, or interest authorized to be acquired

  4  pursuant to ss. 338.22-338.241.

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

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

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

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

  9  bonds issued under ss. 338.22-338.241.

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

11  highways and associated feeder roads and other structures,

12  appurtenances, or rights previously designated, acquired, or

13  constructed pursuant to the Florida Turnpike Enterprise Law

14  and such other additional turnpike projects as may be acquired

15  or constructed as approved by the Legislature.

16         (7)  "Turnpike improvement" means any betterment

17  necessary or desirable for the operation of the turnpike

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

19  of interchanges to the existing turnpike system, resurfacings,

20  toll plazas, machinery, and equipment.

21         (8)  "Economically feasible", with respect to a

22  proposed turnpike project, means that the revenues of the

23  project in combination with those of the existing turnpike

24  system are sufficient to service the debt of the outstanding

25  turnpike bonds.:

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

27  determined by the department before the issuance of revenue

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

29  proposed turnpike project, excluding feeder roads and turnpike

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

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

                                  19

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




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

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

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

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

  5  revenues.

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

  7  turnpike improvements, financed from revenues of the turnpike

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

  9  financed from revenues of the turnpike system, that the

10  project is expected to generate sufficient revenues to

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

12

13  This subsection does not prohibit the pledging of revenues

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

15  refinance a turnpike project or group of turnpike projects.

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

17  expansion of the existing turnpike system and new limited

18  access toll highways and associated feeder roads and other

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

20  approved in accordance with the Florida Turnpike Enterprise

21  Law.

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

23  statement by the Department of Environmental Protection of the

24  project's significant environmental impacts.

25         Section 13.  Section 338.2215, Florida Statutes, is

26  created to read:

27         338.2215  Florida Turnpike Enterprise; legislative

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

29  the Legislature that the turnpike enterprise be provided

30  additional powers and authority in order to maximize the

31  advantages obtainable through fully leveraging the Florida

                                  20

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  Turnpike System asset.  The additional powers and authority

  2  will provide the turnpike enterprise with the autonomy and

  3  flexibility necessary to enable it to more easily pursue

  4  innovations as well as best practices found in the private

  5  sector in management, finance, organization, and operations.

  6  The additional powers and authority are intended to improve

  7  cost-effectiveness and timeliness of project delivery,

  8  increase revenues, expand the turnpike system's capital

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

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

11  bondholders and further preserve, expand, and improve the

12  Florida Turnpike System.

13         Section 14.  Section 338.2216, Florida Statutes, is

14  created to read:

15         338.2216  Florida Turnpike Enterprise; powers and

16  authority.--

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

18  department, the Florida Turnpike Enterprise has full authority

19  to exercise all powers granted to it under this chapter. These

20  powers include, but are not limited to, the authority to plan,

21  construct, maintain, repair, and operate the Florida Turnpike

22  System.

23         (b)  It is the express intent of this part that the

24  Florida Turnpike Enterprise be authorized to plan, develop,

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

26  construct, improve, relocate, equip, repair, maintain,

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

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

29  using the turnpike system and its facilities; and to

30  cooperate, coordinate, partner, and contract with other

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

                                  21

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         (c)  The executive director of the turnpike enterprise

  2  shall appoint a staff, which is exempt from part II of chapter

  3  110, among them a chief financial officer who must be a proven

  4  effective administrator with demonstrated experience in

  5  financial management, including management of a large bonded

  6  capital program and must hold an active license to practice

  7  public accounting in this state under chapter 473.

  8         (d)  The Office of Toll Operations shall be headed by a

  9  manager, who shall be appointed by and serve at the pleasure

10  of the turnpike enterprise executive director. The position

11  shall be classified at a level equal to a division director.

12         (2)  The department may employ procurement methods

13  available to the Department of Management Services under

14  chapter 255 or chapter 287 and under any rule adopted under

15  either of those chapters solely for the benefit of the

16  turnpike enterprise. In order to enhance the effective and

17  efficient operation of the turnpike enterprise, the department

18  may adopt rules for procurement procedures alternative to

19  procedures set forth in chapters 255, 287, and 337.

20         (3)(a)  Effective July 1, 2002, the turnpike enterprise

21  shall be a single budget entity and shall develop a budget

22  pursuant to chapter 216.  The budget for the turnpike

23  enterprise must be submitted to the Legislature with the

24  department's budget.

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

26  in accordance with s. 216.351, the Executive Office of the

27  Governor shall, on July 1 of each year, certify forward all

28  unexpended funds appropriated or provided under this section

29  for the turnpike enterprise.  Of the unexpended funds

30  certified forward, any unencumbered amounts shall be carried

31  forward.  The funds carried forward must not exceed 5 percent

                                  22

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  of the total operating budget of the turnpike enterprise.

  2  Funds carried forward under this section may be used for any

  3  lawful purpose, including, but not limited to, promotional and

  4  market activities, technology, and training.  Any

  5  certified-forward funds remaining undisbursed on December 31

  6  of each year shall be carried forward.

  7         (4)  The powers conferred upon the turnpike enterprise

  8  under ss. 338.22-338.241 are in addition and supplemental to

  9  the existing powers of the department and the turnpike

10  enterprise, and these powers may not be construed as

11  abrogating any provision of any other law, general or local;

12  but ss. 338.22-338.241 supersede such other laws as are

13  inconsistent with the exercise of the powers provided under

14  those sections and provide a complete method for the exercise

15  of the powers granted under those sections.

16         Section 15.  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

                                  23

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         Section 16.  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 17.  Subsection (2) of section 338.2275,

23  Florida Statutes, is amended to read:

24         338.2275  Approved turnpike projects.--

25         (2)  The department is authorized to use turnpike

26  revenues, the State Transportation Trust Fund moneys allocated

27  for turnpike projects pursuant to s. 338.001, federal funds,

28  and bond proceeds, and shall use the most cost-efficient

29  combination of such funds, in developing a financial plan for

30  funding turnpike projects.  The department must submit a

31  report of the estimated cost for each ongoing turnpike project

                                  24

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  and for each planned project to the Legislature 14 days before

  2  the convening of the regular legislative session. Verification

  3  of economic feasibility and statements of environmental

  4  feasibility for individual turnpike projects must be based on

  5  the entire project as approved.  Statements of environmental

  6  feasibility are not required for those projects listed in s.

  7  12, chapter 90-136, Laws of Florida, for which the Project

  8  Development and Environmental Reports were completed by July

  9  1, 1990.  The All required environmental permits must be

10  obtained before the department may advertise for bids for

11  contracts for the construction of any turnpike project before

12  obtaining the required environmental permits.

13         Section 18.  Section 338.234, Florida Statutes, is

14  amended to read:

15         338.234  Granting concessions or selling along the

16  turnpike system.--

17         (1)  The department may enter into contracts or

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

19  sell services or products or business opportunities on along

20  the turnpike system, or the turnpike enterprise may sell

21  services, products, or business opportunities on the turnpike

22  system, which benefit the traveling public or provide

23  additional revenue to the turnpike system. Services, business

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

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

26  maintenance services; the sale of food with attendant

27  nonalcoholic beverages; lodging, meeting rooms, and other

28  business services opportunities; advertising and other

29  promotional opportunities, which advertising and promotions

30  must be consistent with the dignity and integrity of the

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

                                  25

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  retailers; games of amusement that the granting of concessions

  2  for amusement devices which operate by the application of

  3  skill, not including games of chance as defined in s. 849.16

  4  or other illegal gambling games; the sale of Florida citrus,

  5  goods promoting the state or handmade goods produced within

  6  the state; and the granting of concessions for equipment which

  7  provides travel information, or tickets, reservations, or

  8  other related services.; and the granting of concessions which

  9  provide banking and other business services. The department

10  may also provide information centers on the plazas for the

11  benefit of the public.

12         (2)  The department may provide an opportunity for

13  governmental agencies to hold public events at turnpike plazas

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

15  tourism.

16         Section 19.  Subsection (3) of section 338.235, Florida

17  Statutes, is amended to read:

18         338.235  Contracts with department for provision of

19  services on the turnpike system.--

20         (3)  The department may enter into contracts or

21  agreements, with or without competitive bidding or

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

23  nonexclusive, and nondiscriminatory basis, turnpike property

24  and other turnpike structures, for the placement of wireless

25  facilities by any wireless provider of mobile services as

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

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

28  determined to be practical and feasible to make such property

29  or structures available. The department may, without adopting

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

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

                                  26

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  the fair market value of space used by comparable

  2  communications facilities in the state. The department and a

  3  wireless provider may negotiate the reduction or elimination

  4  of a fee in consideration of goods and services service

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

  6  fees collected by the department shall be deposited directly

  7  into the State Agency Law Enforcement Radio System Trust Fund

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

  9         Section 20.  Subsection (2) of section 338.239, Florida

10  Statutes, is amended to read:

11         338.239  Traffic control on the turnpike system.--

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

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

14  rules of the department. Approved expenditures Expenses

15  incurred by the Florida Highway Patrol in carrying out its

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

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

18  the Department of Highway Safety and Motor Vehicles shall be

19  reimbursed by the turnpike enterprise Department of

20  Transportation for such expenses incurred on the turnpike

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

22  extending from the southern terminus in Florida City to the

23  northern terminus in Wildwood including all contiguous

24  sections. Florida Highway Patrol Troop K shall be

25  headquartered with the turnpike enterprise and shall be the

26  official and preferred law enforcement troop for the turnpike

27  system. The Department of Highway Safety and Motor Vehicles

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

29  enterprise and approval of the Legislature, increase the

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

31  director of the turnpike enterprise may contract with the

                                  27

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  Department of Highway Safety and Motor Vehicles for additional

  2  troops to patrol the turnpike system.

  3         Section 21.  Section 338.241, Florida Statutes, is

  4  amended to read:

  5         338.241  Cash reserve requirement.--The budget for the

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

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

  8  percent of the unpaid balance of all turnpike system

  9  contractual obligations, excluding bond obligations, to be

10  paid from revenues.

11         Section 22.  Section 338.251, Florida Statutes, is

12  amended to read:

13         338.251  Toll Facilities Revolving Trust Fund.--The

14  Toll Facilities Revolving Trust Fund is hereby created for the

15  purpose of encouraging the development and enhancing the

16  financial feasibility of revenue-producing road projects

17  undertaken by local governmental entities in a county or

18  combination of contiguous counties and the turnpike

19  enterprise.

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

21  preliminary engineering, traffic and revenue studies,

22  environmental impact studies, financial advisory services,

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

24  appropriate project-related professional services, and

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

26  the turnpike enterprise, counties, or other local governmental

27  entities that desire to undertake revenue-producing road

28  projects.

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

30  section unless the following is documented to the department:

31

                                  28

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         (a)  The proposed facility is consistent with the

  2  adopted transportation plan of the appropriate metropolitan

  3  planning organization and the Florida Transportation Plan.

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

  5  cash advance and a project schedule consistent with the

  6  budget.

  7         (3)  Prior to receiving any moneys for advance

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

  9  right-of-way will substantially appreciate prior to

10  construction and that savings will result from its advance

11  purchase.  Any such request for moneys for advance

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

13  engineering study, environmental impact study, traffic and

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

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

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

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

18  of the subject property for purpose of condemnation

19  proceedings.

20         (4)  Each advance pursuant to this section shall

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

22  the discretion of the governmental entity or the turnpike

23  enterprise of the facility, repayment shall begin no later

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

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

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

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

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

29  repayment shall be submitted to the department.

30

31

                                  29

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




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

  2  be advanced to any one governmental entity pursuant to this

  3  section without specific appropriation by the Legislature.

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

  5  costs beyond 60 percent completion until an acceptable plan to

  6  finance all project costs, including the reimbursement of

  7  outstanding trust fund advances, is approved by the

  8  department.

  9         (7)  The department may advance funds sufficient to

10  defray shortages in toll revenues of facilities receiving

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

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

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

14  hereunder. Any advance under this provision shall require

15  specific appropriation by the Legislature.

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

17  governmental entity or the turnpike enterprise shall be

18  eligible to receive any advance under this section if the

19  expressway authority, county, or other local governmental

20  entity or the turnpike enterprise has failed to repay any

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

22  department.

23         (9)  Repayment of funds advanced, including advances

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

25  However, interest accruing to local governmental entities and

26  the turnpike enterprise from the investment of advances shall

27  be paid to the department.

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

29  from the State Transportation Trust Fund which were used to

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

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

                                  30

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  funds advanced to the Seminole County Expressway Authority

  2  pursuant to this section are repaid to the Toll Facilities

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

  4  Expressway Authority, those funds shall thereupon and

  5  forthwith be appropriated for and advanced to the Seminole

  6  County Expressway Authority for funding the design of and the

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

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

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

10  funds previously advanced to the Orlando-Orange County

11  Expressway Authority are repaid to the Toll Facilities

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

13  County Expressway Authority, those funds may thereupon and

14  forthwith be appropriated for and advanced to the Seminole

15  County Expressway Authority for funding that segment of the

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

17  to Interstate Highway 4. Any funds advanced to the

18  Tampa-Hillsborough County Expressway Authority pursuant to

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

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

21  behalf of the Tampa-Hillsborough County Expressway Authority

22  shall thereupon and forthwith be appropriated for and advanced

23  to the Tampa-Hillsborough County Expressway Authority for

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

25  acquisition for the Brandon area feeder roads, capital

26  improvements to increase capacity to the expressway system,

27  and Lee Roy Selmon Crosstown Expressway System Widening as

28  authorized under s. 348.565.

29         (11)  The department shall adopt rules necessary for

30  the implementation of this section, including rules for

31  project selection and funding.

                                  31

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         Section 23.  Paragraph (a) of subsection (4) of section

  2  339.135, Florida Statutes, is amended to read:

  3         339.135  Work program; legislative budget request;

  4  definitions; preparation, adoption, execution, and

  5  amendment.--

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

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

  8  penalized for local efforts to improve the State Highway

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

10  tentative work program, allocate funds for new construction to

11  the districts, except for the turnpike enterprise district,

12  based on equal parts of population and motor fuel tax

13  collections. Funds for resurfacing, bridge repair and

14  rehabilitation, bridge fender system construction or repair,

15  public transit projects except public transit block grants as

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

17  needs assessments shall be allocated based on the results of

18  these assessments. The department may not transfer any funds

19  allocated to a district under this paragraph to any other

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

21  public transit block grants shall be allocated to the

22  districts pursuant to s. 341.052.

23         2.  Notwithstanding the provisions of subparagraph 1.,

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

25  discretionary highway capacity funds to the Florida Intrastate

26  Highway System established pursuant to s. 338.001.  Any

27  remaining new discretionary highway capacity funds shall be

28  allocated to the districts for new construction as provided in

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

30  term "new discretionary highway capacity funds" means any

31  funds available to the department above the prior year funding

                                  32

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  level for capacity improvements, which the department has the

  2  discretion to allocate to highway projects.

  3         Section 24.  Paragraph (c) of subsection (4) and

  4  subsection (5) of section 339.12, Florida Statutes, are

  5  amended to read.

  6         339.12  Aid and contributions by governmental entities

  7  for department projects; federal aid.--

  8         (4)

  9         (c)  The department may enter into agreements under

10  this subsection for a project or project phase not included in

11  the adopted work program. As used in this paragraph, the term

12  "project phase" means acquisition of rights-of-way,

13  construction, construction inspection, and related support

14  phases. The project or project phase must be a high priority

15  of the governmental entity. Reimbursement for a project or

16  project phase must be made from funds appropriated by the

17  Legislature pursuant to s. 339.135(5). All other provisions of

18  this subsection apply to agreements entered into under this

19  paragraph. The total amount of project agreements for projects

20  or project phases not included in the adopted work program may

21  not at any time exceed $150 $100 million.

22         (5)  The department and the governing body of a

23  governmental entity may enter into an agreement by which the

24  governmental entity agrees to perform a highway project or

25  project phase in the department's adopted work program that is

26  not revenue producing or any public transportation project in

27  the adopted work program.  By specific provision in the

28  written agreement between the department and the governing

29  body of the governmental entity, the department may agree to

30  compensate reimburse the governmental entity for the actual

31  cost for the project of the or project phase contained in the

                                  33

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1  adopted work program. Compensation Reimbursement to the

  2  governmental entity for such project or project phases must be

  3  made from funds appropriated by the Legislature, and

  4  compensation reimbursement for the cost of the project or

  5  project phase is to begin in the year the project or project

  6  phase is scheduled in the work program as of the date of the

  7  agreement.

  8         Section 25.  Subsection (1) of section 553.80, Florida

  9  Statutes, is amended to read:

10         553.80  Enforcement.--

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

12  each local government and each legally constituted enforcement

13  district with statutory authority shall regulate building

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

15  enabling legislation, each state agency shall enforce the

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

17  private buildings, structures, and facilities, unless such

18  responsibility has been delegated to another unit of

19  government pursuant to s. 553.79(9).

20         (a)  Construction regulations relating to correctional

21  facilities under the jurisdiction of the Department of

22  Corrections and the Department of Juvenile Justice are to be

23  enforced exclusively by those departments.

24         (b)  Construction regulations relating to elevator

25  equipment under the jurisdiction of the Bureau of Elevators of

26  the Department of Business and Professional Regulation shall

27  be enforced exclusively by that department.

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

29  this section, facilities subject to the provisions of chapter

30  395 and part II of chapter 400 shall have facility plans

31  reviewed and construction surveyed by the state agency

                                  34

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




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

  2  part II of chapter 400 and the certification requirements of

  3  the Federal Government.

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

  5  and state-approved manufactured buildings, including buildings

  6  manufactured and assembled offsite and not intended for

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

  8  are exempt from local code enforcing agency plan reviews

  9  except for provisions of the code relating to erection,

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

11  construction at the site are subject to local permitting and

12  inspections.

13         (e)  Construction regulations governing public schools,

14  state universities, and community colleges shall be enforced

15  as provided in subsection (6).

16         (f)  Construction regulations relating to

17  transportation facilities under the jurisdiction of the

18  turnpike enterprise of the Department of Transportation shall

19  be enforced exclusively by the turnpike enterprise.

20

21  The governing bodies of local governments may provide a

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

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

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

25  the local government's responsibilities in enforcing the

26  Florida Building Code. The authority of state enforcing

27  agencies to set fees for enforcement shall be derived from

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

29  in this subsection shall operate to limit such agencies from

30  adjusting their fee schedule in conformance with existing

31  authority.

                                  35

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






    Florida Senate - 2002                            CS for SB 502
    306-858A-02




  1         Section 26.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 502

  6

  7  Transfers the Office of Toll Operations to the turnpike
    enterprise.
  8
    Updates reference to federal commercial truck regulations.
  9
    Clarifies The Department of Transportation's authority to
10  request the Division of Bond Finance to issue bonds secured by
    toll revenues collected on the Beeline-East Expressway,
11  Sunshine Skyway Bridge, and Pinellas Bayway toll facilities to
    provide funding for transportation projects on the State
12  Highway System in the counties in which the toll roads are
    located.
13
    Retains the original design-build enhancement provisions of
14  CS/SB 24B effectively removing the June 30, 2003 repeal date.

15  Raises the limit on local government cash advances from $100
    million to $150 million.
16
    Removes the provision authorizing department employees to bid
17  on projects.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  36

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