Senate Bill sb0502e1

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  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. 206.46, F.S.; increasing the

  8         rights-of-way bond cap; amending s. 316.302,

  9         F.S.; updating federal references; revising

10         out-of-service requirements for commercial

11         motor vehicles; providing a penalty; amending

12         s. 316.3025, F.S.; updating a cross-reference

13         to federal trucking regulations; amending s.

14         316.515, F.S.; deleting a requirement for a

15         department permit with respect to the height of

16         automobile transporters; amending s. 337.185,

17         F.S.; clarifying application of limitation on

18         certain claims brought before the State

19         Arbitration Board; amending s. 316.535, F.S.;

20         adding weight requirements for certain

21         commercial trucks; amending s. 316.545, F.S.;

22         conforming provisions; amending s. 334.044,

23         F.S.; providing powers and duties for

24         department law enforcement officers; amending

25         s. 334.175, F.S.; adding state-registered

26         landscape architects to the list of design

27         professionals who sign, seal, and certify

28         certain Department of Transportation project

29         plans; amending s. 337.025, F.S.; eliminating

30         the cap on innovative highway projects for the

31         turnpike enterprise; amending s. 337.11, F.S.,


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  1         relating to design-build contract; adding, for

  2         a specified period, rights-of-way services to

  3         activities that may be part of a design-build

  4         contract; providing restrictions; amending s.

  5         338.165, F.S.; conforming provisions; amending

  6         s. 338.22, F.S.; redesignating the Florida

  7         Turnpike Law as the Florida Turnpike Enterprise

  8         Law; amending s. 338.221, F.S.; conforming

  9         provisions to the redesignation; creating s.

10         338.2215, F.S.; providing legislative findings,

11         policy, purpose, and intent for the turnpike

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

13         prescribing the power and authority of the

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

15         increasing the maximum loan amount for the

16         turnpike enterprise; amending ss. 338.165,

17         338.227, F.S.; conforming provisions; amending

18         s. 338.234, F.S.; authorizing the turnpike

19         enterprise to expand business opportunities;

20         prohibiting the department from exercising its

21         powers of eminent domain solely to acquire

22         property for business opportunities on the

23         Florida Turnpike; amending s. 338.235, F.S.;

24         authorizing the consideration of goods instead

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

26         that approved expenditures to the Florida

27         Highway Patrol be paid by the turnpike

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

29         the required cash reserve for the turnpike

30         enterprise; amending ss. 338.251, 339.135,

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


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  1         339.12, F.S.; raising the amount that local

  2         governments may advance to the department;

  3         amending s. 337.408, F.S.; providing for

  4         regulation of street light poles; amending s.

  5         348.0003, F.S.; authorizing a county governing

  6         body to set qualifications, terms of office,

  7         and obligations and rights for the members of

  8         expressway authorities  their jurisdictions;

  9         amending s. 348.0008, F.S.; allowing expressway

10         authorities to acquire certain interests in

11         land; providing for expressway authorities and

12         their agents or employees to access public or

13         private property for certain purposes; amending

14         s. 553.80, F.S.; providing for self-regulation;

15         amending s. 212.055, F.S.; providing for the

16         levy of the infrastructure sales surtax and the

17         school capital outlay surtax by a two-thirds

18         vote and requiring certain educational facility

19         planning prior to the levy of the school

20         capital outlay surtax; providing for the uses

21         of the surtax proceeds; repealing s. 59, ch.

22         99-385, Laws of Florida; abrogating the repeal

23         of provisions governing business damages in

24         eminent domain actions; amending s. 73.071,

25         F.S.; providing for the age required of a

26         standing business in order to qualify for

27         business damages; creating the "Florida

28         High-Speed Rail Authority Act"; creating s.

29         341.8201, F.S.; providing a short title;

30         creating s. 341.8202, F.S.; providing

31         legislative findings, policy, purpose, and


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  1         intent with respect to the development, design,

  2         financing, construction, and operation of a

  3         high-speed rail system in the state; creating

  4         s. 341.8203, F.S.; providing definitions;

  5         amending s. 341.821, F.S., relating to the

  6         creation of the Florida High-Speed Rail

  7         Authority; removing obsolete provisions;

  8         amending s. 341.822, F.S.; revising and

  9         providing additional powers and duties of the

10         authority; amending s. 341.823, F.S.; revising

11         the criteria for assessment and recommendations

12         with respect to the establishment of the

13         high-speed rail system; requiring the authority

14         to establish specified requirements; requiring

15         the authority to develop a specified plan,

16         study, and estimates; amending s. 341.824,

17         F.S.; specifying types of technical,

18         scientific, or other assistance to be provided

19         by the Department of Community Affairs and the

20         Department of Environmental Protection;

21         creating s. 341.827, F.S.; providing for

22         determination of service areas and the order of

23         system segment construction; creating s.

24         341.828, F.S.; authorizing the authority to

25         utilize existing permitting processes;

26         requiring cooperation between the authority and

27         metropolitan planning organizations; creating

28         s. 341.829, F.S.; requiring the authority, in

29         conjunction with the Executive Office of the

30         Governor, the Department of Community Affairs,

31         and the Department of Environmental Protection,


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  1         to develop and implement a process to mitigate

  2         and resolve conflicts between the system and

  3         growth management requirements and

  4         environmental standards; providing time limits

  5         for the filing of and response to specified

  6         complaints; creating s. 341.830, F.S.;

  7         authorizing the authority to employ specified

  8         procurement methods; providing for the adoption

  9         of rules; authorizing the authority to procure

10         commodities and services for the designing,

11         building, financing, maintenance, operation,

12         and implementation of a high-speed rail system;

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

14         authority to prequalify interested persons or

15         entities prior to seeking proposals for the

16         design, construction, operation, maintenance,

17         and financing of the high-speed rail system;

18         providing for the establishment of qualifying

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

20         authorizing the authority to develop and

21         execute a request for qualifications process;

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

23         authority to develop and execute a request for

24         proposals process to seek a person or entity to

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

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

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

28         contract; providing contract requirements;

29         prohibiting transfer of system property without

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

31         authorizing the authority to purchase, lease,


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  1         exchange, or acquire land, property, or

  2         buildings necessary to secure or utilize

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

  4         facilities; providing that the authority is not

  5         subject to specified liability; authorizing the

  6         authority and the Department of Environmental

  7         Protection to enter into certain interagency

  8         agreements; providing for the disposal of

  9         interest in property; authorizing agents and

10         employees of the authority to enter upon

11         certain property; authorizing the authority to

12         accept donations of real property; creating s.

13         341.836, F.S.; authorizing the authority to

14         undertake the development of associated

15         developments; providing requirements of

16         associated developments; creating s. 341.837,

17         F.S.; providing for payment of expenses

18         incurred in carrying out the act; creating s.

19         341.838, F.S.; authorizing the authority to

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

21         rents, fees, charges, and revenues, and to

22         enter into contracts; providing for annual

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

24         and charges; providing for uses of revenues;

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

26         act is supplemental and additional to powers

27         conferred by other laws; exempting powers of

28         the authority from specified supervision,

29         approval, or consent; creating s. 341.840,

30         F.S.; providing tax exemptions for property

31         acquired or used by the authority or specified


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

  2         the authority to prepare and submit a report;

  3         providing for an annual audit; creating s.

  4         341.842, F.S.; providing construction of the

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

  6         cross-reference; amending s. 334.30, F.S.;

  7         removing a cross-reference; amending s.

  8         337.251, F.S.; removing a cross-reference;

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

10         specified actions do not apply to the Florida

11         High-Speed Rail Authority Act; repealing s.

12         341.3201, F.S., relating to the short title for

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

14         High-Speed Rail Transportation Act"; repealing

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

16         findings, policy, purpose, and intent with

17         respect to the development of a high-speed rail

18         transportation system connecting the major

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

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

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

22         powers and duties of the Department of

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

24         which provides that the Florida High-Speed Rail

25         Transportation Act is the sole and exclusive

26         determination of need for any high-speed rail

27         transportation system established under the

28         act, thereby preempting specified

29         determinations of need; repealing s. 341.329,

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

31         finance a high-speed rail transportation


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

  2         designation of the areas of the state to be

  3         served by the high-speed rail transportation

  4         system and designation of termini; repealing s.

  5         341.332, F.S., relating to the award of

  6         franchises by the Department of Transportation

  7         to establish a high-speed rail transportation

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

  9         to request for proposals; repealing s.

10         341.3332, F.S., relating to notice of issuance

11         of request for proposals; repealing s.

12         341.3333, F.S., relating to requirements with

13         respect to an application for franchise, and

14         confidentiality of the application and portions

15         of the application relating to trade secrets;

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

17         departmental review process of application for

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

19         relating to interagency coordination of

20         franchise application review; repealing s.

21         341.3336, F.S., relating to public meetings on

22         franchise applications; repealing s. 341.3337,

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

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

25         relating to effect of franchise; repealing s.

26         341.3339, F.S., relating to postfranchise

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

28         relating to the powers and duties of the

29         Department of Transportation with respect to

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

31         to the powers and duties of the Florida Land


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  1         and Water Adjudicatory Commission sitting as

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

  3         to the powers and duties of the Department of

  4         Environmental Protection, the Department of

  5         Community Affairs, and other affected agencies;

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

  7         certification procedures; repealing s. 341.342,

  8         F.S., relating to agreements concerning

  9         contents of certification application and

10         supporting documentation; repealing s. 341.343,

11         F.S., relating to review of certification

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

13         relating to the establishment, composition,

14         organization, and duties of the Citizens'

15         Planning and Environmental Advisory Committee;

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

17         alternate corridors or transit station

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

19         to the powers and duties of an administrative

20         law judge appointed to conduct hearings under

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

22         to alteration of time limitations specified by

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

24         to required combined public meetings and land

25         use and zoning hearings to be conducted by

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

27         relating to reports and studies required of

28         various agencies by the act; repealing s.

29         341.351, F.S., relating to publication and

30         contents of notice of certification application

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


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  1         relating to certification hearings; repealing

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

  3         of certification applications; repealing s.

  4         341.363, F.S., relating to the effect of

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

  6         relating to a franchisee's right to appeal to

  7         the Florida Land and Water Adjudicatory

  8         Commission under specified circumstances;

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

10         associated development; repealing s. 341.366,

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

12         certified corridor route; repealing s. 341.368,

13         F.S., relating to modification of certification

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

15         relating to fees imposed by the department and

16         the disposition of such fees; repealing s.

17         341.371, F.S., relating to revocation or

18         suspension of franchise or certification;

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

20         imposition by the department of specified

21         administrative fines in lieu of revocation or

22         suspension of franchise; repealing s. 341.375,

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

24         women, minorities, and economically

25         disadvantaged individuals in all phases of the

26         design, construction, maintenance, and

27         operation of a high-speed rail transportation

28         system developed under the act, and required

29         plans for compliance by franchisees; repealing

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

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


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  1         to laws and regulations superseded by the act;

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

  3         authority of local governments to assess

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

  5         relating to the admissibility of the award of a

  6         franchise and of a certification under the act

  7         in eminent domain proceedings; providing an

  8         effective date.

  9

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

11

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

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

14  20.23, Florida Statutes, are amended, and paragraph (f) is

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

16         20.23  Department of Transportation.--There is created

17  a Department of Transportation which shall be a decentralized

18  agency.

19         (3)

20         (c)  The secretary shall appoint an Assistant Secretary

21  for Transportation Policy, an Assistant Secretary for Finance

22  and Administration, and an Assistant Secretary for District

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

24  secretary.  The positions are responsible for developing,

25  monitoring, and enforcing policy and managing major technical

26  programs.  The responsibilities and duties of these positions

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

28  areas:

29         1.  Assistant Secretary for Transportation Policy.--

30         a.  Development of the Florida Transportation Plan and

31  other policy planning;


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  1         b.  Development of statewide modal systems plans,

  2  including public transportation systems;

  3         c.  Design of transportation facilities;

  4         d.  Construction of transportation facilities;

  5         e.  Acquisition and management of transportation

  6  rights-of-way; and

  7         f.  Administration of motor carrier compliance and

  8  safety.

  9         2.  Assistant Secretary for District Operations.--

10         a.  Administration of the seven eight districts; and

11         b.  Implementation of the decentralization of the

12  department.

13         3.  Assistant Secretary for Finance and

14  Administration.--

15         a.  Financial planning and management;

16         b.  Information systems;

17         c.  Accounting systems; and

18         d.  Administrative functions.; and

19         e.  Administration of toll operations.

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

21  established within the central office for the purposes of:

22         a.  Developing policy and procedures and monitoring

23  performance to ensure compliance with these policies and

24  procedures;

25         b.  Performing statewide activities which it is more

26  cost-effective to perform in a central location;

27         c.  Assessing and ensuring the accuracy of information

28  within the department's financial management information

29  systems; and

30         d.  Performing other activities of a statewide nature.

31


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  1         2.  The following offices are established and shall be

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

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

  4  classified at a level equal to a division director:

  5         a.  The Office of Administration;

  6         b.  The Office of Policy Planning;

  7         c.  The Office of Design;

  8         d.  The Office of Highway Operations;

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

10         f.  The Office of Toll Operations;

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

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

13         3.  Other offices may be established in accordance with

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

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

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

17  legislative authority.

18         4.  During the construction of a major transportation

19  improvement project or as determined by the district

20  secretary, the department may provide assistance to a business

21  entity significantly impacted by the project if the entity is

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

23  prior to the beginning of construction and has direct or

24  shared access to the transportation project being constructed.

25  The assistance program shall be in the form of additional

26  guarantees to assist the impacted business entity in receiving

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

28  instance shall the combined guarantees be greater than 90

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

30  implement this subparagraph.

31


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

  2  organized into seven eight districts, including a turnpike

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

  4  enterprise headed by an executive director. The district

  5  secretaries shall report to the Assistant Secretary for

  6  District Operations. The headquarters of the districts shall

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

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

  9  the turnpike enterprise shall be located in district must be

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

11  provide for efficient operations and to expedite the

12  decisionmaking process, the department shall provide for

13  maximum decentralization to the districts. However, before

14  making a decision to centralize or decentralize department

15  operations or relocate the turnpike district, the department

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

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

18  periodically evaluate such decisions to ensure that they are

19  appropriate.

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

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

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

23  secretary. The executive director shall report directly to the

24  secretary, and the turnpike enterprise shall operate pursuant

25  to ss. 338.22-338.241.

26         2.  To facilitate the most efficient and effective

27  management of the turnpike enterprise, including the use of

28  best business practices employed by the private sector, the

29  turnpike enterprise, except as provided in s. 287.055, is

30  exempt from the department's policies, procedures, and

31  standards, subject to the secretary's authority to apply any


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  1  such policies, procedures, and standards to the turnpike

  2  enterprise when he or she considers it appropriate.

  3         (6)  To facilitate the efficient and effective

  4  management of the department in a businesslike manner, the

  5  department shall develop a system for the submission of

  6  monthly management reports to the Florida Transportation

  7  Commission and secretary from the district secretaries and the

  8  executive director of the turnpike enterprise.  The commission

  9  and the secretary shall determine which reports are required

10  to fulfill their respective responsibilities under this

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

12  monthly to the appropriations and transportation committees of

13  the Senate and the House of Representatives. Recommendations

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

15  department that relate to management practices, systems, or

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

17  the department determines that one or more of the

18  recommendations should be altered or should not be

19  implemented, it shall provide a written explanation of such

20  determination to the Legislative Auditing Committee within 6

21  months after the date the recommendations were published.

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

23  Statutes, is amended to read:

24         206.46  State Transportation Trust Fund.--

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

26  the revenues deposited into the State Transportation Trust

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

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

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

30  meet the requirements of the documents authorizing the bonds

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


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

  2  coverage requirements of outstanding bonds.  Notwithstanding

  3  the 7 percent annual transfer authorized in this subsection,

  4  the annual amount transferred under this subsection shall not

  5  exceed an amount necessary to provide the required debt

  6  service coverage levels for a maximum debt service not to

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

  8  primarily from the motor and diesel fuel taxes transferred to

  9  the State Transportation Trust Fund from the Fuel Tax

10  Collection Trust Fund.

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

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

13  amended to read:

14         316.302  Commercial motor vehicles; safety regulations;

15  transporters and shippers of hazardous materials;

16  enforcement.--

17         (1)

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

19  owners or drivers of commercial motor vehicles that are

20  engaged in intrastate commerce are subject to the rules and

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

22  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

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

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

26  enforcement officer Any agent of the Department of

27  Transportation or duly appointed agent who holds a current

28  safety-inspector certification from the Commercial Vehicle

29  Safety Alliance, may require the driver of any commercial

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

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


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

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

  3  or municipal police department who is authorized to enforce

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

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

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

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

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

  9  department authorized to enforce the traffic laws of this

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

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

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

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

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

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

16  the driver resists the officer without violence or a violation

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

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

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

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

21  operation would probably present an unduly hazardous operating

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

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

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

25  corrected. However, if continuous operation would not present

26  an unduly hazardous operating condition, the officer may give

27  written notice requiring correction to require proper repair

28  and adjustment of the condition vehicle within 14 days.

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

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

31  municipal police department authorized to enforce the traffic


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

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

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

  4  provisions of this section.

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

  6  request to submit to an inspection under this subsection is

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

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

  9  driver resists the officer with violence.

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

11  316.3025, Florida Statutes, is amended to read:

12         316.3025  Penalties.--

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

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

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

16  Statutes, is amended to read:

17         316.515  Maximum width, height, length.--

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

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

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

21  Department of Transportation, measure a height not to exceed

22  14 feet, inclusive of the load carried thereon.

23         Section 6.  Subsection (3) of section 337.185, Florida

24  Statutes, is amended to read:

25         337.185  State Arbitration Board.--

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

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

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

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

30  820 days after the final acceptance of the work for all

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


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

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

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

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

  5  dismiss the claim, which may thereafter be pursued in

  6  accordance with the laws of the State of Florida.

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

  8  316.535, Florida Statutes, are redesignated as subsections (7)

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

10  is added to that section, to read:

11         316.535  Maximum weights.--

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

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

14  gasoline trucks designed and constructed for special-type work

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

16  safety and operational requirements of law, except that any

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

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

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

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

21  inch width tire surface plus scale tolerances. A vehicle

22  operating pursuant to this section must not exceed a gross

23  weight, including the weight of the vehicle and scale

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

25  weight provisions of this section shall be penalized as

26  provided in s. 316.545.

27         (7)(6)  The Department of Transportation shall adopt

28  rules to implement this section, shall enforce this section

29  and the rules adopted hereunder, and shall publish and

30  distribute tables and other publications as deemed necessary

31  to inform the public.


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  1         (8)(7)  Except as otherwise hereinafter provided, a no

  2  vehicle or combination of vehicles which exceeds exceeding the

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

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

  5  highways within the state.

  6         Section 8.  Paragraph (a) of subsection (2) and

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

  8  Statutes, are amended to read:

  9         316.545  Weight and load unlawful; special fuel and

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

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

12  combination of vehicles with load, determines that the axle

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

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

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

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

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

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

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

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

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

22  facilitate compliance with and enforcement of the weight

23  limits established in s. 316.535, weight tables published

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

25  10-percent scale tolerance and shall thereby reflect the

26  maximum scaled weights allowed any vehicle or combination of

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

28  allowable deviation from legal weights established in s.

29  316.535.  Notwithstanding any other provision of the weight

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

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


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

  2  combination of vehicles can comply with the requirements of

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

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

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

  6  said weight limits.

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

  8  316.003(66), may not shall be operated over the highways of

  9  this state unless it has been properly registered under the

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

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

12  vehicle or combination of vehicles, determines that the

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

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

15  detained until payment is collected by the law enforcement

16  officer.

17         Section 9.  Subsection (31) is added to section

18  334.044, Florida Statutes, to read:

19         334.044  Department; powers and duties.--The department

20  shall have the following general powers and duties:

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

22  provide a safe and efficient transportation system, the

23  department's Office of Motor Carrier Compliance may employ

24  sworn law enforcement officers, certified in accordance with

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

26  state. Such officers have full law enforcement powers granted

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

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

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

30  stolen property, and the proceeds of illegal activities.

31  Officers appointed under this section have the primary


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  1  responsibility for enforcing laws relating to size and weight

  2  of commercial motor vehicles; safety; traffic; tax and

  3  registration of commercial motor vehicles; interdiction of

  4  vehicles defined as contraband under s. 319.33, illegal drugs;

  5  stolen property; and violations that threaten the overall

  6  security and safety of this state's transportation

  7  infrastructure and the motoring public. The division may also

  8  appoint part-time or auxiliary law enforcement officers under

  9  chapter 943 and may provide their compensation in accordance

10  with law.

11         Section 10.  Section 334.175, Florida Statutes, is

12  amended to read:

13         334.175  Certification of project design plans and

14  surveys.--All design plans and surveys prepared by or for the

15  department shall be signed, sealed, and certified by the

16  professional engineer, or surveyor, or architect, or landscape

17  architect in responsible charge of the project work. Such

18  professional engineer, surveyor, or architect, or landscape

19  architect must be duly registered in this state.

20         Section 11.  Section 337.025, Florida Statutes, is

21  amended to read:

22         337.025  Innovative highway projects; department to

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

24  a program for highway projects demonstrating innovative

25  techniques of highway construction, maintenance, and finance

26  which have the intended effect of controlling time and cost

27  increases on construction projects.  Such techniques may

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

29  for pavement, safety, and other aspects of highway

30  construction and maintenance; innovative bidding and financing

31  techniques; accelerated construction procedures; and those


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  1  techniques that have the potential to reduce project life

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

  3  must use the existing process to award and administer

  4  construction and maintenance contracts.  When specific

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

  6  required to adhere to those provisions of law that would

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

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

  9  innovative technique that is inconsistent with another

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

11  need for the exception and identify what benefits the

12  traveling public and the affected community are anticipated to

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

14  million in contracts annually for the purposes authorized by

15  this section. However, the annual limitation on contracts

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

17  enterprise projects, nor may turnpike enterprise projects be

18  counted toward the department's annual limitation.

19         Section 12.  Paragraph (c) of subsection (3) and

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

21  Statutes, are amended to read:

22         337.11  Contracting authority of department; bids;

23  emergency repairs, supplemental agreements, and change orders;

24  combined design and construction contracts; progress payments;

25  records; requirements of vehicle registration.--

26         (3)

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

28  no bid solicitation notice shall be provided until title to

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

30  of the project covered by such advertisement or notice has

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


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  1  railroad crossing and utility agreements have been executed.

  2  The turnpike enterprise is exempt from this paragraph with

  3  respect to a turnpike enterprise project. Title to all

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

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

  6  public or acquired by prescription.

  7         (6)

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

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

10  economy, improved operations or safety, and only when

11  circumstances dictate rapid completion of the work, the

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

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

14  for construction and maintenance without advertising and

15  receiving competitive bids. However, if legislation is enacted

16  by the Legislature which changes the category thresholds, the

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

18  enter into such contracts only upon a determination that the

19  work is necessary for one of the following reasons:

20         1.  To ensure timely completion of projects or

21  avoidance of undue delay for other projects;

22         2.  To accomplish minor repairs or construction and

23  maintenance activities for which time is of the essence and

24  for which significant cost savings would occur; or

25         3.  To accomplish nonemergency work necessary to ensure

26  avoidance of adverse conditions that affect the safe and

27  efficient flow of traffic.

28

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

30  more quotes, if available, from qualified contractors before

31  entering into any contract. The department shall give


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  1  consideration to disadvantaged business enterprise

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

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

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

  5  prime contractor on the existing contract.

  6         Section 13.  Effective July 1, 2003, paragraph (a) of

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

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

  9  to read:

10         337.11  Contracting authority of department; bids;

11  emergency repairs, supplemental agreements, and change orders;

12  combined design and construction contracts; progress payments;

13  records; requirements of vehicle registration.--

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

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

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

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

18  facility or a rail corridor project into a single contract.

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

20  Design-build contracts may be advertised and awarded

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

22  construction activities may not begin on any portion of such

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

24  easements for the construction of that portion of the project

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

26  all railroad crossing and utility agreements have been

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

28  title has been dedicated to the public or acquired by

29  prescription.

30         Section 14.  Effective July 1, 2005, paragraph (a) of

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


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  1  by sections 2 and 4 of chapter 2001-350, Laws of Florida, and

  2  by this act, is amended to read:

  3         337.11  Contracting authority of department; bids;

  4  emergency repairs, supplemental agreements, and change orders;

  5  combined design and construction contracts; progress payments;

  6  records; requirements of vehicle registration.--

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

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

  9  combine the rights-of-way services and design and construction

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

11  facility or a rail corridor project into a single contract.

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

13  Design-build contracts may be advertised and awarded

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

15  construction activities may not begin on any portion of such

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

17  easements for the construction of that portion of the project

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

19  all railroad crossing and utility agreements have been

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

21  title has been dedicated to the public or acquired by

22  prescription.

23         Section 15.  Section 338.165, Florida Statutes, is

24  amended to read:

25         338.165  Continuation of tolls.--

26         (1)  The department, any transportation or expressway

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

28  counties may continue to collect the toll on a

29  revenue-producing project after the discharge of any bond

30  indebtedness related to such project and may increase such

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


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

  2  the toll project.

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

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

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

  6  the State Highway System within the county or counties in

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

  8  provided in s. 348.0004.

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

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

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

12  of Transportation may request the Division of Bond Finance to

13  issue bonds secured by toll revenues collected on the

14  Alligator Alley, Sunshine Skyway Bridge, Beeline East

15  Expressway, and Pinellas Bayway to fund transportation

16  projects located within the county or counties in which the

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

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

19  department.

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

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

22  construction, maintenance, or improvement of any other state

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

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

25  348.0004.

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

27  for construction, maintenance, or improvement with toll

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

29  consistent with the Florida Transportation Plan.

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

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


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

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

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

  4  as defined under the Florida Turnpike Enterprise Law.

  5         Section 16.  Section 338.22, Florida Statutes, is

  6  amended to read:

  7         338.22  Florida Turnpike Law; short title.--Sections

  8  338.22-338.241 may be cited as the "Florida Turnpike

  9  Enterprise Law."

10         Section 17.  Section 338.221, Florida Statutes, is

11  amended to read:

12         338.221  Definitions of terms used in ss.

13  338.22-338.241.--As used in ss. 338.22-338.241, the term

14  following words and terms have the following meanings, unless

15  the context indicates another or different meaning or intent:

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

17  refunding bonds or other evidences of indebtedness or

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

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

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

21  State Bond Act.

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

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

24  easements, and interests acquired by the department for

25  turnpike project construction; the cost of such construction;

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

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

28  reserves to secure bonds; interest prior to and during

29  construction and for such period after completion of

30  construction as shall be determined by the department; the

31  cost of traffic estimates and of engineering and legal


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

  2  and revenues; other expenses necessary or incident to

  3  determining the feasibility or practicability of acquiring or

  4  constructing any such turnpike project; administrative

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

  6  incident to the acquisition or construction of a turnpike

  7  project, the financing of such acquisition or construction,

  8  and the placing of the turnpike project in operation.

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

10  in length, connecting to the turnpike system which the

11  department determines is necessary to create or facilitate

12  access to a turnpike project.

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

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

15  right, easement, or interest authorized to be acquired

16  pursuant to ss. 338.22-338.241.

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

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

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

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

21  bonds issued under ss. 338.22-338.241.

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

23  highways and associated feeder roads and other structures,

24  appurtenances, or rights previously designated, acquired, or

25  constructed pursuant to the Florida Turnpike Enterprise Law

26  and such other additional turnpike projects as may be acquired

27  or constructed as approved by the Legislature.

28         (7)  "Turnpike improvement" means any betterment

29  necessary or desirable for the operation of the turnpike

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

31


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  1  of interchanges to the existing turnpike system, resurfacings,

  2  toll plazas, machinery, and equipment.

  3         (8)  "Economically feasible" means:

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

  5  determined by the department before the issuance of revenue

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

  7  proposed turnpike project, excluding feeder roads and turnpike

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

  9  the debt service on the bonds by the end of the 12th 5th year

10  of operation and to pay at least 100 percent of the debt

11  service on the bonds by the end of the 22nd 15th year of

12  operation. In implementing this paragraph, up to 50 percent of

13  the adopted work program costs of the project may be funded

14  from turnpike revenues.

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

16  turnpike improvements, financed from revenues of the turnpike

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

18  financed from revenues of the turnpike system, that the

19  project is expected to generate sufficient revenues to

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

21

22  This subsection does not prohibit the pledging of revenues

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

24  refinance a turnpike project or group of turnpike projects.

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

26  expansion of the existing turnpike system and new limited

27  access toll highways and associated feeder roads and other

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

29  approved in accordance with the Florida Turnpike Enterprise

30  Law.

31


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

  2  statement by the Department of Environmental Protection of the

  3  project's significant environmental impacts.

  4         Section 18.  Section 338.2215, Florida Statutes, is

  5  created to read:

  6         338.2215  Florida Turnpike Enterprise; legislative

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

  8  the Legislature that the turnpike enterprise be provided

  9  additional powers and authority in order to maximize the

10  advantages obtainable through fully leveraging the Florida

11  Turnpike System asset.  The additional powers and authority

12  will provide the turnpike enterprise with the autonomy and

13  flexibility necessary to enable it to more easily pursue

14  innovations as well as best practices found in the private

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

16  The additional powers and authority are intended to improve

17  cost-effectiveness and timeliness of project delivery,

18  increase revenues, expand the turnpike system's capital

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

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

21  bondholders and further preserve, expand, and improve the

22  Florida Turnpike System.

23         Section 19.  Section 338.2216, Florida Statutes, is

24  created to read:

25         338.2216  Florida Turnpike Enterprise; powers and

26  authority.--

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

28  department, the Florida Turnpike Enterprise has full authority

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

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

31


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

  2  System.

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

  4  Florida Turnpike Enterprise be authorized to plan, develop,

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

  6  construct, improve, relocate, equip, repair, maintain,

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

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

  9  using the turnpike system and its facilities; and to

10  cooperate, coordinate, partner, and contract with other

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

12         (c)  The executive director of the turnpike enterprise

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

14  110, among them a chief financial officer who must be a proven

15  effective administrator with demonstrated experience in

16  financial management, including management of a large bonded

17  capital program and must hold an active license to practice

18  public accounting in this state under chapter 473.

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

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

21  of the turnpike enterprise executive director. The position

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

23         (2)  The department may employ procurement methods

24  available to the Department of Management Services under

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

26  either of those chapters solely for the benefit of the

27  turnpike enterprise.

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

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

30  pursuant to chapter 216.  The budget for the turnpike

31


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  1  enterprise must be submitted to the Legislature with the

  2  department's budget.

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

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

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

  6  unexpended funds appropriated or provided under this section

  7  for the turnpike enterprise.  Of the unexpended funds

  8  certified forward, any unencumbered amounts shall be carried

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

10  of the total operating budget of the turnpike enterprise.

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

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

13  market activities, technology, and training.  Any

14  certified-forward funds remaining undisbursed on December 31

15  of each year shall be carried forward.

16         (4)  The powers conferred upon the turnpike enterprise

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

18  the existing powers of the department and the turnpike

19  enterprise, and these powers may not be construed as

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

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

22  inconsistent with the exercise of the powers provided under

23  those sections and provide a complete method for the exercise

24  of the powers granted under those sections.

25         Section 20.  Subsection (4) of section 338.223, Florida

26  Statutes, is amended to read:

27         338.223  Proposed turnpike projects.--

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

29  the Legislature, to use federal and state transportation funds

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

31  capital costs of turnpike projects. Federal and state


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  1  transportation funds included in an adopted work program, or

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

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

  4  or used in determining the economic feasibility of the

  5  proposed project. For operating and maintenance loans, the

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

  7  1.5 0.5 percent of state transportation tax revenues for that

  8  fiscal year.

  9         Section 21.  Subsection (2) of section 338.227, Florida

10  Statutes, is amended to read:

11         338.227  Turnpike revenue bonds.--

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

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

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

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

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

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

18  Division of Bond Finance may provide in the resolution

19  authorizing the issuance of such bonds or in the trust

20  agreement hereinafter mentioned securing the same.  All

21  revenues and bond proceeds from the turnpike system received

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

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

24  turnpike projects and turnpike improvements and for the

25  administration, operation, maintenance, and financing of the

26  turnpike system. No revenues or bond proceeds from the

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

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

29  the turnpike system.

30         Section 22.  Section 338.234, Florida Statutes, is

31  amended to read:


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  1         338.234  Granting concessions or selling along the

  2  turnpike system.--

  3         (1)  The department may enter into contracts or

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

  5  sell services or products or business opportunities on along

  6  the turnpike system, or the turnpike enterprise may sell

  7  services, products, or business opportunities on the turnpike

  8  system, which benefit the traveling public or provide

  9  additional revenue to the turnpike system. Services, business

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

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

12  maintenance services; the sale of food with attendant

13  nonalcoholic beverages; lodging, meeting rooms, and other

14  business services opportunities; advertising and other

15  promotional opportunities, which advertising and promotions

16  must be consistent with the dignity and integrity of the

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

18  retailers; games of amusement that the granting of concessions

19  for amusement devices which operate by the application of

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

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

22  goods promoting the state or handmade goods produced within

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

24  provides travel information, or tickets, reservations, or

25  other related services. However, the department, pursuant to

26  the grants of authority to the turnpike enterprise under this

27  section, shall not exercise the power of eminent domain solely

28  for the purpose of acquiring real property in order to provide

29  business service or opportunities, such as lodging and meeting

30  room space on the turnpike system.; and the granting of

31  concessions which provide banking and other business services.


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  1  The department may also provide information centers on the

  2  plazas for the benefit of the public.

  3         (2)  The department may provide an opportunity for

  4  governmental agencies to hold public events at turnpike plazas

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

  6  tourism.

  7         Section 23.  Subsection (3) of section 338.235, Florida

  8  Statutes, is amended to read:

  9         338.235  Contracts with department for provision of

10  services on the turnpike system.--

11         (3)  The department may enter into contracts or

12  agreements, with or without competitive bidding or

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

14  nonexclusive, and nondiscriminatory basis, turnpike property

15  and other turnpike structures, for the placement of wireless

16  facilities by any wireless provider of mobile services as

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

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

19  determined to be practical and feasible to make such property

20  or structures available. The department may, without adopting

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

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

23  the fair market value of space used by comparable

24  communications facilities in the state. The department and a

25  wireless provider may negotiate the reduction or elimination

26  of a fee in consideration of goods and services service

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

28  fees collected by the department shall be deposited directly

29  into the State Agency Law Enforcement Radio System Trust Fund

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

31


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  1         Section 24.  Subsection (2) of section 338.239, Florida

  2  Statutes, is amended to read:

  3         338.239  Traffic control on the turnpike system.--

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

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

  6  rules of the department. Approved expenditures Expenses

  7  incurred by the Florida Highway Patrol in carrying out its

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

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

10  the Department of Highway Safety and Motor Vehicles shall be

11  reimbursed by the turnpike enterprise Department of

12  Transportation for such expenses incurred on the turnpike

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

14  extending from the southern terminus in Florida City to the

15  northern terminus in Wildwood including all contiguous

16  sections. Florida Highway Patrol Troop K shall be

17  headquartered with the turnpike enterprise and shall be the

18  official and preferred law enforcement troop for the turnpike

19  system. The Department of Highway Safety and Motor Vehicles

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

21  enterprise and approval of the Legislature, increase the

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

23  director of the turnpike enterprise may contract with the

24  Department of Highway Safety and Motor Vehicles for additional

25  troops to patrol the turnpike system.

26         Section 25.  Section 338.241, Florida Statutes, is

27  amended to read:

28         338.241  Cash reserve requirement.--The budget for the

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

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

31  percent of the unpaid balance of all turnpike system


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  1  contractual obligations, excluding bond obligations, to be

  2  paid from revenues.

  3         Section 26.  Section 338.251, Florida Statutes, is

  4  amended to read:

  5         338.251  Toll Facilities Revolving Trust Fund.--The

  6  Toll Facilities Revolving Trust Fund is hereby created for the

  7  purpose of encouraging the development and enhancing the

  8  financial feasibility of revenue-producing road projects

  9  undertaken by local governmental entities in a county or

10  combination of contiguous counties and the turnpike

11  enterprise.

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

13  preliminary engineering, traffic and revenue studies,

14  environmental impact studies, financial advisory services,

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

16  appropriate project-related professional services, and

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

18  the turnpike enterprise, counties, or other local governmental

19  entities that desire to undertake revenue-producing road

20  projects.

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

22  section unless the following is documented to the department:

23         (a)  The proposed facility is consistent with the

24  adopted transportation plan of the appropriate metropolitan

25  planning organization and the Florida Transportation Plan.

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

27  cash advance and a project schedule consistent with the

28  budget.

29         (3)  Prior to receiving any moneys for advance

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

31  right-of-way will substantially appreciate prior to


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  1  construction and that savings will result from its advance

  2  purchase.  Any such request for moneys for advance

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

  4  engineering study, environmental impact study, traffic and

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

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

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

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

  9  of the subject property for purpose of condemnation

10  proceedings.

11         (4)  Each advance pursuant to this section shall

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

13  the discretion of the governmental entity or the turnpike

14  enterprise of the facility, repayment shall begin no later

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

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

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

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

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

20  repayment shall be submitted to the department.

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

22  be advanced to any one governmental entity pursuant to this

23  section without specific appropriation by the Legislature.

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

25  costs beyond 60 percent completion until an acceptable plan to

26  finance all project costs, including the reimbursement of

27  outstanding trust fund advances, is approved by the

28  department.

29         (7)  The department may advance funds sufficient to

30  defray shortages in toll revenues of facilities receiving

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


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

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

  3  hereunder. Any advance under this provision shall require

  4  specific appropriation by the Legislature.

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

  6  governmental entity or the turnpike enterprise shall be

  7  eligible to receive any advance under this section if the

  8  expressway authority, county, or other local governmental

  9  entity or the turnpike enterprise has failed to repay any

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

11  department.

12         (9)  Repayment of funds advanced, including advances

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

14  However, interest accruing to local governmental entities and

15  the turnpike enterprise from the investment of advances shall

16  be paid to the department.

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

18  from the State Transportation Trust Fund which were used to

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

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

21  funds advanced to the Seminole County Expressway Authority

22  pursuant to this section are repaid to the Toll Facilities

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

24  Expressway Authority, those funds shall thereupon and

25  forthwith be appropriated for and advanced to the Seminole

26  County Expressway Authority for funding the design of and the

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

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

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

30  funds previously advanced to the Orlando-Orange County

31  Expressway Authority are repaid to the Toll Facilities


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

  2  County Expressway Authority, those funds may thereupon and

  3  forthwith be appropriated for and advanced to the Seminole

  4  County Expressway Authority for funding that segment of the

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

  6  to Interstate Highway 4. Any funds advanced to the

  7  Tampa-Hillsborough County Expressway Authority pursuant to

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

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

10  behalf of the Tampa-Hillsborough County Expressway Authority

11  shall thereupon and forthwith be appropriated for and advanced

12  to the Tampa-Hillsborough County Expressway Authority for

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

14  acquisition for the Brandon area feeder roads, capital

15  improvements to increase capacity to the expressway system,

16  and Lee Roy Selmon Crosstown Expressway System Widening as

17  authorized under s. 348.565.

18         (11)  The department shall adopt rules necessary for

19  the implementation of this section, including rules for

20  project selection and funding.

21         Section 27.  Paragraph (a) of subsection (4) of section

22  339.135, Florida Statutes, is amended to read:

23         339.135  Work program; legislative budget request;

24  definitions; preparation, adoption, execution, and

25  amendment.--

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

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

28  penalized for local efforts to improve the State Highway

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

30  tentative work program, allocate funds for new construction to

31  the districts, except for the turnpike enterprise district,


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  1  based on equal parts of population and motor fuel tax

  2  collections. Funds for resurfacing, bridge repair and

  3  rehabilitation, bridge fender system construction or repair,

  4  public transit projects except public transit block grants as

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

  6  needs assessments shall be allocated based on the results of

  7  these assessments. The department may not transfer any funds

  8  allocated to a district under this paragraph to any other

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

10  public transit block grants shall be allocated to the

11  districts pursuant to s. 341.052.

12         2.  Notwithstanding the provisions of subparagraph 1.,

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

14  discretionary highway capacity funds to the Florida Intrastate

15  Highway System established pursuant to s. 338.001.  Any

16  remaining new discretionary highway capacity funds shall be

17  allocated to the districts for new construction as provided in

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

19  term "new discretionary highway capacity funds" means any

20  funds available to the department above the prior year funding

21  level for capacity improvements, which the department has the

22  discretion to allocate to highway projects.

23         Section 28.  Paragraph (c) of subsection (4) and

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

25  amended to read.

26         339.12  Aid and contributions by governmental entities

27  for department projects; federal aid.--

28         (4)

29         (c)  The department may enter into agreements under

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

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


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

  2  construction, construction inspection, and related support

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

  4  of the governmental entity. Reimbursement for a project or

  5  project phase must be made from funds appropriated by the

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

  7  this subsection apply to agreements entered into under this

  8  paragraph. The total amount of project agreements for projects

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

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

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

12  governmental entity may enter into an agreement by which the

13  governmental entity agrees to perform a highway project or

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

15  not revenue producing or any public transportation project in

16  the adopted work program.  By specific provision in the

17  written agreement between the department and the governing

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

19  compensate reimburse the governmental entity for the actual

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

21  adopted work program. Compensation Reimbursement to the

22  governmental entity for such project or project phases must be

23  made from funds appropriated by the Legislature, and

24  compensation reimbursement for the cost of the project or

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

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

27  agreement.

28         Section 29.  Subsection (5) of section 337.408, Florida

29  Statutes, is renumbered as subsection (6), and a new

30  subsection (5) is added to said section to read:

31


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  1         337.408  Regulation of benches, transit shelters,

  2  street light poles, and waste disposal receptacles within

  3  rights-of-way.--

  4         (5)  Street light poles, including attached public

  5  service messages and advertisements, may be located within the

  6  right-of-way limits of municipal and county roads in the same

  7  manner as benches, transit shelters, and waste disposal

  8  receptacles as provided in this section and in accordance with

  9  municipal and county ordinances. Public service messages and

10  advertisements may be installed on street light poles on roads

11  on the State Highway System in accordance with height, size,

12  setback, spacing distance, duration of display, safety,

13  traffic control, and permitting requirements established by

14  administrative rule of the Department of Transportation.

15  Public service messages and advertisements shall be subject to

16  bilateral agreements, where applicable, to be negotiated with

17  the owner of the street light poles, which shall consider,

18  among other things, power source rates, design, safety,

19  operational and maintenance concerns, and other matters of

20  public importance.  For the purposes of this section, the term

21  "street light poles" does not include electric transmission or

22  distribution poles. The department shall have authority to

23  establish administrative rules to implement this subsection.

24  No advertising on light poles shall be permitted on the

25  Interstate Highway System. No permanent structures carrying

26  advertisements attached to light poles shall be permitted on

27  the National Highway System.

28         Section 30.  Paragraph (d) of subsection (2) of section

29  348.0003, Florida Statutes, is amended to read:

30         348.0003  Expressway authority; formation;

31  membership.--


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  1         (2)  The governing body of an authority shall consist

  2  of not fewer than five nor more than nine voting members. The

  3  district secretary of the affected department district shall

  4  serve as a nonvoting member of the governing body of each

  5  authority located within the district. Each member of the

  6  governing body must at all times during his or her term of

  7  office be a permanent resident of the county which he or she

  8  is appointed to represent.

  9         (d)  Notwithstanding any provision to the contrary in

10  this subsection, in any county as defined in s. 125.011(1),

11  the governing body of an authority shall consist of up to 13

12  members, and the following provisions of this paragraph shall

13  apply specifically to such authority. Except for the district

14  secretary of the department, the members must be residents of

15  the county. Seven voting members shall be appointed by the

16  governing body of the county. At the discretion of the

17  governing body of the county, up to two of the members

18  appointed by the governing body of the county may be elected

19  officials residing in the county. Five voting members of the

20  authority shall be appointed by the Governor. One member shall

21  be the district secretary of the department serving in the

22  district that contains such county. This member shall be an ex

23  officio voting member of the authority. If the governing board

24  of an authority includes any member originally appointed by

25  the governing body of the county as a nonvoting member, when

26  the term of such member expires, that member shall be replaced

27  by a member appointed by the Governor until the governing body

28  of the authority is composed of seven members appointed by the

29  governing body of the county and five members appointed by the

30  Governor. The qualifications, terms of office, and obligations

31  and rights of members of the authority shall be determined by


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  1  resolution or ordinance of the governing body of the county in

  2  a manner that is consistent with subsections (3) and (4).

  3         Section 31.  Section 348.0008, Florida Statutes, is

  4  amended to read:

  5         348.0008  Acquisition of lands and property.--

  6         (1)  For the purposes of the Florida Expressway

  7  Authority Act, an expressway authority may acquire such

  8  rights, title, or interest in private or public property and

  9  such property rights, including easements, rights of access,

10  air, view, and light, by gift, devise, purchase, or

11  condemnation by eminent domain proceedings, as the authority

12  may deem necessary for any of the purposes of the Florida

13  Expressway Authority Act, including, but not limited to, any

14  lands reasonably necessary for securing applicable permits,

15  areas necessary for management of access, borrow pits,

16  drainage ditches, water retention areas, rest areas,

17  replacement access for landowners whose access is impaired due

18  to the construction of an expressway system, and replacement

19  rights-of-way for relocated rail and utility facilities; for

20  existing, proposed, or anticipated transportation facilities

21  on the expressway system or in a transportation corridor

22  designated by the authority; or for the purposes of screening,

23  relocation, removal, or disposal of junkyards and scrap metal

24  processing facilities.  The authority may also condemn any

25  material and property necessary for such purposes.

26         (2)  An authority and its authorized agents,

27  contractors, and employees are authorized to enter upon any

28  lands, waters, and premises, upon giving reasonable notice to

29  the landowner, for the purpose of making surveys, soundings,

30  drillings, appraisals, environmental assessments including

31  phase I and phase II environmental surveys, archaeological


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  1  assessments, and such other examinations as are necessary for

  2  the acquisition of private or public property and property

  3  rights, including rights of access, air, view, and light, by

  4  gift, devise, purchase, or condemnation by eminent domain

  5  proceedings or as are necessary for the authority to perform

  6  its duties and functions; and any such entry shall not be

  7  deemed a trespass or an entry that would constitute a taking

  8  in an eminent domain proceeding. An expressway authority shall

  9  make reimbursement for any actual damage to such lands, water,

10  and premises as a result of such activities.

11         (3)(2)  The right of eminent domain conferred by the

12  Florida Expressway Authority Act must be exercised by each

13  authority in the manner provided by law.

14         (4)(3)  When an authority acquires property for an

15  expressway system or in a transportation corridor as defined

16  in s. 334.03, it is not subject to any liability imposed by

17  chapter 376 or chapter 403 for preexisting soil or groundwater

18  contamination due solely to its ownership. This subsection

19  does not affect the rights or liabilities of any past or

20  future owners of the acquired property nor does it affect the

21  liability of any governmental entity for the results of its

22  actions which create or exacerbate a pollution source. An

23  authority and the Department of Environmental Protection may

24  enter into interagency agreements for the performance,

25  funding, and reimbursement of the investigative and remedial

26  acts necessary for property acquired by the authority.

27         Section 32.  Subsection (1) of section 553.80, Florida

28  Statutes, is amended to read:

29         553.80  Enforcement.--

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

31  each local government and each legally constituted enforcement


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  1  district with statutory authority shall regulate building

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

  3  enabling legislation, each state agency shall enforce the

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

  5  private buildings, structures, and facilities, unless such

  6  responsibility has been delegated to another unit of

  7  government pursuant to s. 553.79(9).

  8         (a)  Construction regulations relating to correctional

  9  facilities under the jurisdiction of the Department of

10  Corrections and the Department of Juvenile Justice are to be

11  enforced exclusively by those departments.

12         (b)  Construction regulations relating to elevator

13  equipment under the jurisdiction of the Bureau of Elevators of

14  the Department of Business and Professional Regulation shall

15  be enforced exclusively by that department.

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

17  this section, facilities subject to the provisions of chapter

18  395 and part II of chapter 400 shall have facility plans

19  reviewed and construction surveyed by the state agency

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

21  part II of chapter 400 and the certification requirements of

22  the Federal Government.

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

24  and state-approved manufactured buildings, including buildings

25  manufactured and assembled offsite and not intended for

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

27  are exempt from local code enforcing agency plan reviews

28  except for provisions of the code relating to erection,

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

30  construction at the site are subject to local permitting and

31  inspections.


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  1         (e)  Construction regulations governing public schools,

  2  state universities, and community colleges shall be enforced

  3  as provided in subsection (6).

  4         (f)  The Florida Building Code as it pertains to

  5  toll-collection facilities under the jurisdiction of the

  6  turnpike enterprise of the Department of Transportation shall

  7  be enforced exclusively by the turnpike enterprise.

  8

  9  The governing bodies of local governments may provide a

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

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

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

13  the local government's responsibilities in enforcing the

14  Florida Building Code. The authority of state enforcing

15  agencies to set fees for enforcement shall be derived from

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

17  in this subsection shall operate to limit such agencies from

18  adjusting their fee schedule in conformance with existing

19  authority.

20         Section 33.  Paragraphs (a) and (d) of subsection (2)

21  and subsection (6) of section 212.055, Florida Statutes, are

22  amended to read:

23         212.055  Discretionary sales surtaxes; legislative

24  intent; authorization and use of proceeds.--It is the

25  legislative intent that any authorization for imposition of a

26  discretionary sales surtax shall be published in the Florida

27  Statutes as a subsection of this section, irrespective of the

28  duration of the levy.  Each enactment shall specify the types

29  of counties authorized to levy; the rate or rates which may be

30  imposed; the maximum length of time the surtax may be imposed,

31  if any; the procedure which must be followed to secure voter


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  1  approval, if required; the purpose for which the proceeds may

  2  be expended; and such other requirements as the Legislature

  3  may provide.  Taxable transactions and administrative

  4  procedures shall be as provided in s. 212.054.

  5         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

  6         (a)1.  The governing authority in each county may levy

  7  a discretionary sales surtax of 0.5 percent or 1 percent.  The

  8  levy of the surtax shall be pursuant to ordinance enacted by a

  9  two-thirds vote majority of the members of the county

10  governing authority or pursuant to ordinance enacted by a

11  majority of the members of the county governing authority and

12  approved by a majority of the electors of the county voting in

13  a referendum on the surtax.  If the governing bodies of the

14  municipalities representing a majority of the county's

15  population adopt uniform resolutions establishing the rate of

16  the surtax and calling for a referendum on the surtax, the

17  levy of the surtax shall be placed on the ballot and shall

18  take effect if approved by a majority of the electors of the

19  county voting in the referendum on the surtax.

20         2.  If the surtax was levied pursuant to a referendum

21  held before July 1, 1993, the surtax may not be levied beyond

22  the time established in the ordinance, or, if the ordinance

23  did not limit the period of the levy, the surtax may not be

24  levied for more than 15 years. The levy of such surtax may be

25  extended only by approval of a majority of the electors of the

26  county voting in a referendum on the surtax or pursuant to

27  ordinance enacted by a two-thirds vote of the members of the

28  county governing authority.

29         (d)1.  The proceeds of the surtax authorized by this

30  subsection and approved by referendum and any interest accrued

31  thereto shall be expended by the school district or within the


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  1  county and municipalities within the county, or, in the case

  2  of a negotiated joint county agreement, within another county,

  3  to finance, plan, and construct infrastructure and to acquire

  4  land for public recreation or conservation or protection of

  5  natural resources and to finance the closure of county-owned

  6  or municipally owned solid waste landfills that are already

  7  closed or are required to close by order of the Department of

  8  Environmental Protection. Any use of such proceeds or interest

  9  for purposes of landfill closure prior to July 1, 1993, is

10  ratified. Neither the proceeds nor any interest accrued

11  thereto shall be used for operational expenses of any

12  infrastructure, except that any county with a population of

13  less than 75,000 that is required to close a landfill by order

14  of the Department of Environmental Protection may use the

15  proceeds or any interest accrued thereto for long-term

16  maintenance costs associated with landfill closure. Counties,

17  as defined in s. 125.011(1), and charter counties may, in

18  addition, use the proceeds and any interest accrued thereto to

19  retire or service indebtedness incurred for bonds issued prior

20  to July 1, 1987, for infrastructure purposes, and for bonds

21  subsequently issued to refund such bonds.  Any use of such

22  proceeds or interest for purposes of retiring or servicing

23  indebtedness incurred for such refunding bonds prior to July

24  1, 1999, is ratified.

25         2.  The proceeds of the surtax where the surtax is

26  levied by a two-thirds vote of the governing body of the

27  county and any interest accrued thereto shall be expended by

28  the school district or within the county and municipalities

29  within the county for infrastructure located within the urban

30  service area that is identified in the local government

31  comprehensive plan of the county or municipality and is


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  1  identified in that local government's capital improvements

  2  element adopted pursuant to s. 163.3177(3) or that is

  3  identified in the school district's educational facilities

  4  plan adopted pursuant to s. 235.185.

  5         3.2.  For the purposes of this paragraph,

  6  "infrastructure" means:

  7         a.  Any fixed capital expenditure or fixed capital

  8  outlay associated with the construction, reconstruction, or

  9  improvement of public facilities which have a life expectancy

10  of 5 or more years and any land acquisition, land improvement,

11  design, and engineering costs related thereto.

12         b.  A fire department vehicle, an emergency medical

13  service vehicle, a sheriff's office vehicle, a police

14  department vehicle, or any other vehicle, and such equipment

15  necessary to outfit the vehicle for its official use or

16  equipment that has a life expectancy of at least 5 years.

17         4.3.  Notwithstanding any other provision of this

18  subsection, a discretionary sales surtax imposed or extended

19  after the effective date of this act may provide for an amount

20  not to exceed 15 percent of the local option sales surtax

21  proceeds to be allocated for deposit to a trust fund within

22  the county's accounts created for the purpose of funding

23  economic development projects of a general public purpose

24  targeted to improve local economies, including the funding of

25  operational costs and incentives related to such economic

26  development. If applicable, the ballot statement must indicate

27  the intention to make an allocation under the authority of

28  this subparagraph.

29         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

30         (a)  The school board in each county may levy, pursuant

31  to resolution conditioned to take effect only upon approval by


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  1  a majority vote of the electors of the county voting in a

  2  referendum, a discretionary sales surtax at a rate that may

  3  not exceed 0.5 percent.

  4         (b)  The resolution shall include a statement that

  5  provides a brief and general description of the school capital

  6  outlay projects to be funded by the surtax. If applicable, the

  7  resolution must state that the district school board has been

  8  recognized by the State Board of Education as having a Florida

  9  Frugal Schools Program. The statement shall conform to the

10  requirements of s. 101.161 and shall be placed on the ballot

11  by the governing body of the county. The following question

12  shall be placed on the ballot:

13

14        ....FOR THE               ....CENTS TAX

15        ....AGAINST THE           ....CENTS TAX

16

17         (c)  As an alternative method of levying the

18  discretionary sales surtax, the district school board may

19  levy, pursuant to resolution adopted by a two-thirds vote of

20  the members of the school board, a discretionary sales surtax

21  at a rate not to exceed 0.5 percent when the following

22  conditions are met:

23         1.  The district school board and local governments in

24  the county where the school district is located have adopted

25  an interlocal agreement and public educational facilities

26  element as  required by chapter 163;

27         2.  The district school board has adopted a district

28  educational facilities plan pursuant to s. 235.185; and

29         3.  The district's use of surtax proceeds for new

30  construction must not exceed the cost-per-student criteria

31  established for the SIT Program in s. 235.216(2).


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  1         (d)(c)  The resolution providing for the imposition of

  2  the surtax shall set forth a plan for use of the surtax

  3  proceeds for fixed capital expenditures or fixed capital costs

  4  associated with the construction, reconstruction, or

  5  improvement of school facilities and campuses which have a

  6  useful life expectancy of 5 or more years, and any land

  7  acquisition, land improvement, design, and engineering costs

  8  related thereto. Additionally, the plan shall include the

  9  costs of retrofitting and providing for technology

10  implementation, including hardware and software, for the

11  various sites within the school district.  Surtax revenues may

12  be used for the purpose of servicing bond indebtedness to

13  finance projects authorized by this subsection, and any

14  interest accrued thereto may be held in trust to finance such

15  projects. Neither the proceeds of the surtax nor any interest

16  accrued thereto shall be used for operational expenses. If the

17  district school board has been recognized by the State Board

18  of Education as having a Florida Frugal Schools Program, the

19  district's plan for use of the surtax proceeds must be

20  consistent with this subsection and with uses assured under

21  the Florida Frugal Schools Program.

22         (e)(d)  Any school board imposing the surtax shall

23  implement a freeze on noncapital local school property taxes,

24  at the millage rate imposed in the year prior to the

25  implementation of the surtax, for a period of at least 3 years

26  from the date of imposition of the surtax.  This provision

27  shall not apply to existing debt service or required state

28  taxes.

29         (f)(e)  Surtax revenues collected by the Department of

30  Revenue pursuant to this subsection shall be distributed to

31  the school board imposing the surtax in accordance with law.


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  1         Section 34.  Section 59 of chapter 99-385, Laws of

  2  Florida, is repealed.

  3         Section 35.  Subsection (3) of section 73.071, Florida

  4  Statutes, is amended to read:

  5         73.071  Jury trial; compensation; severance damages;

  6  business damages.--

  7         (3)  The jury shall determine solely the amount of

  8  compensation to be paid, which compensation shall include:

  9         (a)  The value of the property sought to be

10  appropriated;

11         (b)  Where less than the entire property is sought to

12  be appropriated, any damages to the remainder caused by the

13  taking, including, when the action is by the Department of

14  Transportation, county, municipality, board, district or other

15  public body for the condemnation of a right-of-way, and the

16  effect of the taking of the property involved may damage or

17  destroy an established business of more than 4 years' standing

18  before January 1, 2005, or the effect of the taking of the

19  property involved may damage or destroy an established

20  business of more than 5 years' standing on or after January 1,

21  2005, owned by the party whose lands are being so taken,

22  located upon adjoining lands owned or held by such party, the

23  probable damages to such business which the denial of the use

24  of the property so taken may reasonably cause; any person

25  claiming the right to recover such special damages shall set

26  forth in his or her written defenses the nature and extent of

27  such damages; and

28         (c)  Where the appropriation is of property upon which

29  a mobile home, other than a travel trailer as defined in s.

30  320.01, is located, whether or not the owner of the mobile

31  home is an owner or lessee of the property involved, and the


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  1  effect of the taking of the property involved requires the

  2  relocation of such mobile home, the reasonable removal or

  3  relocation expenses incurred by such mobile home owner, not to

  4  exceed the replacement value of such mobile home.  The

  5  compensation paid to a mobile home owner under this paragraph

  6  shall preclude an award to a mobile home park owner for such

  7  expenses of removal or relocation.  Any mobile home owner

  8  claiming the right to such removal or relocation expenses

  9  shall set forth in his or her written defenses the nature and

10  extent of such expenses.  This paragraph shall not apply to

11  any governmental authority exercising its power of eminent

12  domain when reasonable removal or relocation expenses must be

13  paid to mobile home owners under other provisions of law or

14  agency rule applicable to such exercise of power.

15         Section 36.  Section 341.8201, Florida Statutes, is

16  created to read:

17         341.8201  Short title.--Sections 341.8201-341.843 may

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

19         Section 37.  Section 341.8202, Florida Statutes, is

20  created to read:

21         341.8202  Legislative findings, policy, purpose, and

22  intent.--

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

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

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

26  development, either by the state or an approved private

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

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

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

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

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


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  1  design and construction with construction beginning on or

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

  3  various growth management and environmental protection laws

  4  enacted by the Legislature and encourages and enhances the

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

  6  further finds that:

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

  8  the state will result in overall social and environmental

  9  benefits, improvements in ambient air quality, better

10  protection of water quality, greater preservation of wildlife

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

12  natural resources and energy.

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

14  conjunction with sound land use planning, becomes an integral

15  part in achieving growth management goals and encourages the

16  use of public transportation to augment and implement land use

17  and growth management goals and objectives.

18         (c)  Development and utilization of a properly

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

20  associated development can act as a catalyst for economic

21  growth and development, mitigate unduly long and

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

23  new employment opportunities, serve as a positive growth

24  management system for building a better and more

25  environmentally secure state, and serve a paramount public

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

27  citizens of the state.

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

29  system include improved travel times and more reliable travel,

30  which will increase productivity and energy efficiency in the

31  state.


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  1         (2)  The Legislature further finds that:

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

  3  transportation is necessary for travelers, visitors, and

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

  5  to the economy of the state.

  6         (b)  Technological advances in the state's

  7  transportation system can significantly and positively affect

  8  the ability of the state to attract and provide efficient

  9  services for domestic and international tourists and therefore

10  increase revenue of the state.

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

12  construction and efficient operation of a high-speed rail

13  system.

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

15  be encouraged and assured in order to achieve the public

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

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

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

19  to provide an environment surrounding each high-speed rail

20  station which will allow the development of associated

21  development for the purpose of creating revenue in support of

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

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

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

25  facility users and their personal property while the users are

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

27  the vicinity which constitute economic and social impediments

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

29  associated development.

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

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


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    CS for CS for CS for SB 502                    First Engrossed



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

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

  3  pedestrian and traffic ingress and egress, retard sound growth

  4  and development, impair public investment, and consume an

  5  excessive amount of public revenues in the employment of

  6  police and other forms of public protection to adequately

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

  8  may require redevelopment, acquisition, clearance, or

  9  disposition, or joint public and private development to

10  provide parking facilities, retail establishments,

11  restaurants, hotels, or office facilities associated with or

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

13  to otherwise provide for an environment that will encourage

14  the use of, and safeguard, the system.

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

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

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

18  necessity in the public interest for the provisions herein

19  enacted is hereby declared as a matter of legislative

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

21  State Constitution.

22         (g)  Urban and social benefits include revitalization

23  of economically depressed areas, the redirection of growth in

24  a carefully and comprehensively planned manner, and the

25  creation of numerous employment opportunities within

26  inner-city areas.

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

28  declaration of legislative intent that the state develop a

29  high-speed rail system to help solve transportation problems

30  and eliminate their negative effect on the citizens of this

31  state, and therefore serves a public purpose.


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  1         (i)  Joint development is a necessary planning,

  2  financing, management, operation, and construction mechanism

  3  to ensure the continued future development of an efficient and

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

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

  6  the authority to implement innovative mechanisms required to

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

  8  locating, permitting, managing, financing, constructing,

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

10  state, including providing incentives for revenue generation,

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

12         Section 38.  Section 341.8203, Florida Statutes, is

13  created to read:

14         341.8203  Definitions.--As used in this act, unless the

15  context clearly indicates otherwise, the term:

16         (1)  "Associated development" means property,

17  equipment, buildings, or other ancillary facilities which are

18  built, installed, or established to provide financing,

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

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

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

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

23  parking facilities, retail establishments, restaurants,

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

25  support facilities, and may also include property necessary to

26  protect or preserve the rail station area by reducing urban

27  blight or traffic congestion or property necessary to

28  accomplish any of the purposes set forth in this subsection

29  which are reasonably anticipated or necessary.

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

31  Authority and its agents.


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

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

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

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

  5  concomitant rights approved by the authority providing the

  6  selected person or entity the exclusive right to design,

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

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

  9  concomitant rights approved by the authority providing the

10  selected person or entity the exclusive right to design,

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

12  system.

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

14  fixed guideway system for transporting people or goods, which

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

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

17  system, dual track rail system, suspended rail system,

18  magnetic levitation system, pneumatic repulsion system, or

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

20  corridor and structures essential to the operation of the

21  line, including the land, structures, improvements,

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

23  structures, stations, platforms, switches, yards, parking

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

25  associated development, and any other facilities or equipment

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

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

28  of the high-speed rail system.

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

30  financing, or constructing of projects adjacent to,

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


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

  2  corporation, association, organization, agency, or other

  3  entity, public or private.

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

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

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

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

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

  9  Jefferson, Madison, Wakulla, Taylor, Hamilton, Suwannee,

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

11  and Levy.

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

13  station" means any structure or transportation facility that

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

15  the movement of passengers from one mode of transportation to

16  another at which passengers board or disembark from

17  transportation conveyances and transfer from one mode of

18  transportation to another.

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

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

21  341.834 to establish a high-speed rail system pursuant to this

22  act.

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

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

25  Okeechobee, and Palm Beach.

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

27  Manatee, Hardee, DeSoto, Sarasota, Highlands, Charlotte,

28  Glades, Lee, Hendry, and Collier.

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

30  Florida, Northwest Florida, Southeast Florida, and Southwest

31  Florida.


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    CS for CS for CS for SB 502                    First Engrossed



  1         Section 39.  Section 341.821, Florida Statutes, is

  2  amended to read:

  3         341.821  Florida High-Speed Rail Authority.--

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

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

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

  7  as the "authority."

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

  9  consist of nine voting members appointed as follows:

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

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

12  environmental concerns, one of whom must have a legislative

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

14  background.

15         2.  Three members shall be appointed by the President

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

17  engineering, one of whom must have a background in

18  transportation construction, and one of whom must have a

19  general business background.

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

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

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

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

24  background.

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

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

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

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

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

30  appointed by the Speaker of the House of Representatives shall

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


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    CS for CS for CS for SB 502                    First Engrossed



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

  2  days after the effective date of this act.

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

  4  by the respective appointing authority in the same manner as

  5  the original appointment and only for the balance of the

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

  7  within 60 days after the occurrence of the vacancy.

  8         (d)  The Secretary of Transportation shall be a

  9  nonvoting ex officio member of the board.

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

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

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

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

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

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

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

17  all rights and perform all duties of the authority.

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

19  compensation but shall be entitled to receive their travel and

20  other necessary expenses as provided in s. 112.061.

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

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

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

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

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

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

27  the authority contract with or conduct any business with a

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

29  entity.

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

31  of Transportation for administrative purposes. The authority


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    CS for CS for CS for SB 502                    First Engrossed



  1  shall be a separate budget entity. The Department of

  2  Transportation shall provide administrative support and

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

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

  5  control, supervision, or direction by the Department of

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

  7  personnel, purchasing, transactions involving real or personal

  8  property, and budgetary matters.

  9         Section 40.  Section 341.822, Florida Statutes, is

10  amended to read:

11         341.822  Powers and duties.--

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

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

14  operate, administer, and manage the preliminary engineering

15  and preliminary environmental assessment of the intrastate

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

17  as "intrastate high-speed rail."

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

19  corporations under the Florida Business Corporation Act,

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

21  accordance with levels authorized by the Legislature.

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

23  body politic and corporate.

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

25  federal matching funds or any other funds to fulfill the

26  requirements of this act either directly or through the

27  Department of Transportation.

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

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

30  the qualifications and fix the compensation. The authority may

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


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

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

  3  authority.

  4         Section 41.  Section 341.823, Florida Statutes, is

  5  amended to read:

  6         341.823  Criteria for assessment and recommendations.--

  7         (1)  The following criteria shall apply to the

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

  9  preliminary engineering, preliminary environmental assessment,

10  and recommendations required by this act:

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

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

13  guideways separated from motor vehicle traffic;

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

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

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

17  Miami area;

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

19  uses, to the maximum extent feasible, nongovernmental sources

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

21  operation, and financing of the system;

22         (2)  The authority shall establish requirements make

23  recommendations concerning:

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

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

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

27  business plan;

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

29  areas designated in accordance with s. 341.8203 in paragraph

30  (1)(b);

31


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

  2  cities and urban areas designated in accordance with s.

  3  341.8203 in paragraph (1)(b);

  4         (d)  The preferred locomotion technology to be employed

  5  from constitutional choices of monorail, fixed guideway, or

  6  magnetic levitation; and

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

  8  or federal laws which would make the proposed system eligible

  9  for available federal funding; and

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

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

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

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

14  the annual operating and maintenance cost for the system and

15  all other associate expenses.

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

17  shall include:

18         (a)  The frequency of service between the cities

19  designated in paragraph (1)(b);

20         (b)  The proposed fare structure for passenger and

21  freight service;

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

23  accommodations, and amenities;

24         (d)  Methods to ensure compliance with applicable

25  environmental standards and regulations;

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

27  employed to enhance the utilization of the system;

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

29         (g)  Consideration of nonfare revenues that may be

30  derived from:

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


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  1         2.  License, franchise, and lease fees;

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

  3  stations; and

  4         4.  Any other potential sources deemed appropriate.

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

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

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

  8  guideway, or magnetic levitation system;

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

10         3.  Purchase or lease rolling stock and other equipment

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

12         (i)  An estimate of the annual operating and

13  maintenance costs for the system and all other associated

14  expenses.

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

16  its political subdivisions may provide as in-kind

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

18  engineering studies performed for previous high-speed rail

19  initiatives, land for rail stations and necessary maintenance

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

21  or its political subdivisions to accommodate the installation

22  of the system.

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

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

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

26

27  Whenever applicable and appropriate, the authority will base

28  estimates of projected costs, expenses, and revenues on

29  documented expenditures or experience derived from similar

30  projects.

31


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  1         Section 42.  Section 341.824, Florida Statutes, is

  2  amended to read:

  3         341.824  Technical, scientific, or other assistance.--

  4         (1)  The Florida Transportation Commission, the

  5  Department of Community Affairs, and the Department of

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

  7  provide technical, scientific, or other assistance.

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

  9  requested, provide assistance to local governments in

10  analyzing the land use and comprehensive planning aspects of

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

12  Affairs shall assist the authority with the resolution of any

13  conflicts between the system and adopted local comprehensive

14  plans.

15         (3)  The Department of Environmental Protection shall,

16  if requested, provide assistance to local governments and

17  other permitting agencies in analyzing the environmental

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

19  Environmental Protection shall assist the authority and the

20  contractor in expediting the approval of the necessary

21  environmental permits for the system.

22         Section 43.  Section 341.827, Florida Statutes, is

23  created to read:

24         341.827  Service areas; segment designation.--

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

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

27  served by the high-speed rail system.

28         (2)  The authority shall plan and develop the

29  high-speed rail system so that construction proceeds as

30  follows:

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

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

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

  4  area, with future service to the Miami area.

  5         (b)  Construction of subsequent segments of the

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

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

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

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

10  Tallahassee, and Pensacola.

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

12  system to be constructed subsequent to the initial segments of

13  the system shall be prioritized by the authority, giving

14  consideration to the demand for service, financial

15  participation by local governments, financial participation by

16  the private sector, and the available financial resources of

17  the authority.

18         Section 44.  Section 341.828, Florida Statutes, is

19  created to read:

20         341.828  Permitting.--

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

22  utilize one or more permitting processes provided for in

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

24  planning organization long-range transportation planning

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

26  with the Department of Transportation's work program process

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

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

29  will provide the most timely and cost-effective permitting

30  process.

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  1         (2)  The authority shall work in cooperation with

  2  metropolitan planning organizations in areas where the

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

  4  planning organizations shall cooperate with the authority and

  5  include the high-speed rail system alignment within their

  6  adopted long-range transportation plans and transportation

  7  improvement programs for the purposes of providing public

  8  information, consistency with the plans, and receipt of

  9  federal and state funds by the authority to support the

10  high-speed rail system.

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

12  authority may use the project development and environment

13  study process, including the efficient transportation

14  decisionmaking system process as adopted by the Department of

15  Transportation.

16         Section 45.  Section 341.829, Florida Statutes, is

17  created to read:

18         341.829  Conflict prevention, mitigation, and

19  resolution.--

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

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

22  and the Department of Environmental Protection, shall develop

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

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

25  maximum extent feasible, any conflicts or potential conflicts

26  of a high-speed rail system with growth management

27  requirements and environmental standards.

28         (2)  Any person who disagrees with the alignment

29  decision must file a complaint with the authority within 20

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

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

  2  complaint within 60 days after the complaint is filed with the

  3  authority.

  4         Section 46.  Section 341.830, Florida Statutes, is

  5  created to read:

  6         341.830  Procurement.--

  7         (1)  The authority may employ procurement methods under

  8  chapters 255, 287, and 337 and under any rule adopted under

  9  such chapters.  To enhance the effective and efficient

10  operation of the authority, and to enhance the ability of the

11  authority to use best business practices, the authority may,

12  pursuant to ss. 120.536(1) and 120.54, adopt rules for and

13  employ procurement methods available to the private sector.

14         (2)  The authority is authorized to procure commodities

15  and the services of a qualified person or entity to design,

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

17  rail system, including the use of a DBOM or DBOM & F method

18  using a request for proposal, a request for qualifications, or

19  an invitation to negotiate.

20         Section 47.  Section 341.831, Florida Statutes, is

21  created to read:

22         341.831  Prequalification.--

23         (1)  The authority may prequalify interested persons or

24  entities prior to seeking proposals for the design,

25  construction, operation, maintenance, and financing of the

26  high-speed rail system. The authority may establish qualifying

27  criteria that may include, but not be limited to, experience,

28  financial resources, organization and personnel, equipment,

29  past record or history of the person or entity, ability to

30  finance or issue bonds, and ability to post a construction or

31  performance bond.


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  1         (2)  The authority may establish the qualifying

  2  criteria in a request for qualification without adopting the

  3  qualifying criteria as rules.

  4         Section 48.  Section 341.832, Florida Statutes, is

  5  created to read:

  6         341.832  Request for qualifications.--

  7         (1)  The authority is authorized to develop and execute

  8  a request for qualifications process to seek a person or

  9  entity to design, build, operate, maintain, and finance a

10  high-speed rail system. The authority may issue multiple

11  requests for qualifications. The authority shall develop

12  criteria for selection of a person or entity that shall be

13  included in any request for qualifications.

14         (2)  The authority may issue a request for

15  qualifications without adopting a rule.

16         Section 49.  Section 341.833, Florida Statutes, is

17  created to read:

18         341.833  Request for proposals.--

19         (1)  The authority is authorized to develop and execute

20  a request for proposals process to seek a person or entity to

21  design, build, operate, maintain, and finance a high-speed

22  rail system. The authority may issue multiple requests for

23  proposals. The authority shall develop criteria for selection

24  of a person or entity that shall be included in any request

25  for proposals.

26         (2)  In the request for proposals, the authority shall

27  specify the minimum period of time for the contract duration.

28  A person or entity may propose a longer period of time for the

29  contract and provide justification of the need for an extended

30  contract period. If the authority extends the time period for

31


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  1  the contract, such time period shall be extended for all

  2  persons or entities if so requested.

  3         Section 50.  Section 341.834, Florida Statutes, is

  4  created to read:

  5         341.834  Award of contract.--

  6         (1)  The authority may award a contract subject to such

  7  terms and conditions, including, but not limited to,

  8  compliance with any applicable permitting requirements, and

  9  any other terms and conditions the authority considers

10  appropriate.

11         (2)  The contract shall authorize the contractor to

12  provide service between stations as established by the

13  contract. The contractor shall coordinate its facilities and

14  services with passenger rail providers, commuter rail

15  authorities, and public transit providers to provide access to

16  and from the high-speed rail system.

17         (3)  The contractor shall not convey, lease, or

18  otherwise transfer any high-speed rail system property, any

19  interest in such property, or any improvement constructed upon

20  such property without written approval of the authority.

21         Section 51.  Section 341.835, Florida Statutes, is

22  created to read:

23         341.835  Acquisition of property; rights-of-way;

24  disposal of land.--

25         (1)  The authority may purchase, lease, exchange, or

26  otherwise acquire any land, property interests, or buildings

27  or other improvements, including personal property within such

28  buildings or on such lands, necessary to secure or utilize

29  rights-of-way for existing, proposed, or anticipated

30  high-speed rail system facilities.

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  1         (2)  Title to any property acquired in the name of the

  2  authority shall be administered by the authority under such

  3  terms and conditions as the authority may require.

  4         (3)  When the authority acquires property for a

  5  high-speed rail system, or any related or ancillary

  6  facilities, by purchase or donation, it is not subject to any

  7  liability imposed by chapter 376 or chapter 403 for

  8  preexisting soil or groundwater contamination due solely to

  9  its ownership.  This section does not affect the rights or

10  liabilities of any past or future owners of the acquired

11  property, nor does it affect the liability of any governmental

12  entity for the results of its actions which create or

13  exacerbate a pollution source. The authority and the

14  Department of Environmental Protection may enter into

15  interagency agreements for the performance, funding, and

16  reimbursement of the investigative and remedial acts necessary

17  for property acquired by the authority.

18         (4)  In acquiring property or property rights for any

19  high-speed rail system or related or ancillary facilities, the

20  authority may acquire an entire lot, block, or tract of land

21  if the interests of the public will be best served by such

22  acquisition, even though the entire lot, block, or tract is

23  not immediately needed for the right-of-way proper or for the

24  specific related or ancillary facilities.

25         (5)  The authority, by resolution, may dispose of any

26  interest in property acquired pursuant to this section on

27  terms and conditions the authority deems appropriate.

28         (6)  The authority and its employees and agents shall

29  have the right to enter upon properties which may be

30  determined to be necessary for the construction,

31  reconstruction, relocation, maintenance, and operation of a


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  1  proposed high-speed rail system and associated development and

  2  related or ancillary facilities as described in subsection (1)

  3  for the purposes of surveying and soil and environmental

  4  testing.

  5         (7)  The authority is authorized to accept donations of

  6  real property from public or private entities for the purposes

  7  of implementing a high-speed rail system.

  8         Section 52.  Section 341.836, Florida Statutes, is

  9  created to read:

10         341.836  Associated development.--

11         (1)  The authority, alone or as part of a joint

12  development, may undertake development of associated

13  developments to be a source of revenue for the establishment,

14  construction, operation, or maintenance of the high-speed rail

15  system.  Such associated developments must be associated with

16  a rail station and have pedestrian ingress to and egress from

17  the rail station; be consistent, to the extent feasible, with

18  applicable local government comprehensive plans and local land

19  development regulations; and otherwise be in compliance with

20  the provisions of this act.

21         (2)  This act does not prohibit the authority, the

22  selected person or entity, or a party to a joint venture with

23  the authority or its selected person or entity from obtaining

24  approval, pursuant to any other law, for any associated

25  development that is reasonably related to the high-speed rail

26  system.

27         Section 53.  Section 341.837, Florida Statutes, is

28  created to read:

29         341.837  Payment of expenses.--All expenses incurred in

30  carrying out the provisions of this act shall be payable

31


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  1  solely from funds provided under the authority of this act, or

  2  from other legally available sources.

  3         Section 54.  Section 341.838, Florida Statutes, is

  4  created to read:

  5         341.838  Rates, rents, fees, and charges.--

  6         (1)  The authority is authorized to fix, revise,

  7  charge, and collect rates, rents, fees, charges, and revenues

  8  for the use of and for the services furnished, or to be

  9  furnished, by the system and to contract with any person,

10  partnership, association, corporation, or other body, public

11  or private, in respect thereof. Such rates, rents, fees, and

12  charges shall be reviewed annually by the authority and may be

13  adjusted as set forth in the contract setting such rates,

14  rents, fees, or charges. The funds collected hereunder shall,

15  with any other funds available, be used to pay the cost of all

16  administrative expenses of the authority, and the cost of

17  designing, building, operating, and maintaining the system and

18  each and every portion thereof, to the extent that the payment

19  of such cost has not otherwise been adequately provided for.

20         (2)  Rates, rents, fees, and charges fixed, revised,

21  charged, and collected pursuant to this section shall not be

22  subject to supervision or regulation by any department,

23  commission, board, body, bureau, or agency of this state other

24  than the authority.

25         Section 55.  Section 341.839, Florida Statutes, is

26  created to read:

27         341.839  Alternate means.--The foregoing sections of

28  this act shall be deemed to provide an additional and

29  alternative method for accomplishing the purposes authorized

30  therein, and shall be regarded as supplemental and additional

31  to powers conferred by other laws. Except as otherwise


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  1  expressly provided in this act, none of the powers granted to

  2  the authority under the provisions of this act shall be

  3  subject to the supervision or require the approval or consent

  4  of any municipality or political subdivision or any

  5  commission, board, body, bureau, or official.

  6         Section 56.  Section 341.840, Florida Statutes, is

  7  created to read:

  8         341.840  Tax exemption.--The exercise of the powers

  9  granted by this act will be in all respects for the benefit of

10  the people of this state, for the increase of their commerce,

11  welfare, and prosperity, and for the improvement of their

12  health and living conditions, and as the design, building,

13  operation, maintenance, and financing of a system by the

14  authority or its agent or the owner or lessee thereof, as

15  herein authorized, constitutes the performance of an essential

16  public function, neither the authority, its agent, nor the

17  owner of such system shall be required to pay any taxes or

18  assessments upon or in respect to the system or any property

19  acquired or used by the authority, its agent, or such owner

20  under the provisions of this act or upon the income therefrom,

21  any security therefor, their transfer, and the income

22  therefrom, including any profit made on the sale thereof,

23  shall at all times be free from taxation of every kind by the

24  state, the counties, and the municipalities and other

25  political subdivisions in the state.

26         Section 57.  Section 341.841, Florida Statutes, is

27  created to read:

28         341.841  Report; audit.--The authority shall prepare an

29  annual report of its actions, findings, and recommendations

30  and submit the report to the Governor, the President of the

31  Senate, and the Speaker of the House of Representatives on or


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  1  before January 1. The authority shall provide for an annual

  2  financial audit, as defined in s. 11.45, of its accounts and

  3  records conducted by an independent certified public

  4  accountant. The audit report shall include a management letter

  5  as defined in s. 11.45. The cost of the audit shall be paid

  6  from funds available to the authority pursuant to this act.

  7         Section 58.  Section 341.842, Florida Statutes, is

  8  created to read:

  9         341.842  Liberal construction.--This act, being

10  necessary for the welfare of the state and its inhabitants,

11  shall be liberally construed to effect the purposes hereof.

12         Section 59.  Subsection (10) of section 288.109,

13  Florida Statutes, is amended to read:

14         288.109  One-Stop Permitting System.--

15         (10)  Notwithstanding any other provision of law or

16  administrative rule to the contrary, the fee imposed by a

17  state agency or water management district for issuing a

18  development permit shall be waived for a 6-month period

19  beginning on the date the state agency or water management

20  district begins accepting development permit applications over

21  the Internet and the applicant submits the development permit

22  to the agency or district using the One-Stop Permitting

23  System. The 6-month fee waiver shall not apply to development

24  permit fees assessed by the Electrical Power Plant Siting Act,

25  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

26  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

27  Facility Siting Act, ss. 403.78-403.7893; and the Natural Gas

28  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

29  Rail Transportation Siting Act, ss. 341.3201-341.386.

30         Section 60.  Subsection (6) of section 334.30, Florida

31  Statutes, is amended to read:


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  1         334.30  Private transportation facilities.--The

  2  Legislature hereby finds and declares that there is a public

  3  need for rapid construction of safe and efficient

  4  transportation facilities for the purpose of travel within the

  5  state, and that it is in the public's interest to provide for

  6  the construction of additional safe, convenient, and

  7  economical transportation facilities.

  8         (6)  Notwithstanding s. 341.327, A fixed-guideway

  9  transportation system authorized by the department to be

10  wholly or partially within the department's right-of-way

11  pursuant to a lease granted under s. 337.251 may operate at

12  any safe speed.

13         Section 61.  Subsection (9) of section 337.251, Florida

14  Statutes, is amended to read:

15         337.251  Lease of property for joint public-private

16  development and areas above or below department property.--

17         (9)  Notwithstanding s. 341.327, A fixed-guideway

18  transportation system authorized by the department to be

19  wholly or partially within the department's right-of-way

20  pursuant to a lease granted under this section may operate at

21  any safe speed.

22         Section 62.  Section 341.501, Florida Statutes, is

23  amended to read:

24         341.501  High-technology transportation systems; joint

25  project agreement or assistance.--Notwithstanding any other

26  provision of law, the Department of Transportation may enter

27  into a joint project agreement with, or otherwise assist,

28  private or public entities, or consortia thereof, to

29  facilitate the research, development, and demonstration of

30  high-technology transportation systems, including, but not

31  limited to, systems using magnetic levitation technology. The


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  1  provisions of the Florida High-Speed Rail Transportation Act,

  2  ss. 341.3201-341.386, do not apply to actions taken under this

  3  section, and The department may, subject to s. 339.135,

  4  provide funds to match any available federal aid for

  5  effectuating the research, development, and demonstration of

  6  high-technology transportation systems.

  7         Section 63.  Sections 341.3201, 341.321, 341.322,

  8  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

  9  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

10  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

11  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

12  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

13  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

14  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

15  repealed.

16         Section 64.  This act shall take effect upon becoming a

17  law.

18

19

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21

22

23

24

25

26

27

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31


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