Senate Bill sb0542

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    Florida Senate - 2002                                   SB 542

    By the Committee on Transportation





    306-596-02

  1                      A bill to be entitled

  2         An act relating to right-of-way acquisition;

  3         amending s. 73.091, F.S.; prohibiting the court

  4         from awarding expert witness fees and costs to

  5         the defendant in an action in eminent domain if

  6         the final judgment is equal to or less than the

  7         last written settlement offer; providing

  8         requirements for serving the last written

  9         settlement offer; amending s. 206.46, F.S.;

10         increasing the amount that may be transferred

11         from the State Transportation Trust Fund to the

12         Right-of-Way Acquisition and Bridge

13         Construction Trust Fund for purposes of paying

14         the debt service on outstanding bonds; amending

15         s. 337.107, F.S.; authorizing the Department of

16         Transportation to include right-of-way services

17         as part of design-build contracts; amending s.

18         337.11, F.S.; expanding the type of project

19         which may be awarded as a design-build

20         contract; prohibiting the construction of any

21         portion of such a project until title to the

22         necessary rights-of-way and easements has

23         vested in the state or a local governmental

24         entity and all railroad crossing and utility

25         agreements have been executed; amending s.

26         338.223, F.S.; eliminating a requirement for

27         the advance acquisition of all rights-of-way

28         for a turnpike project before making a final

29         determination of economic feasibility;

30         providing an effective date.

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    Florida Senate - 2002                                   SB 542
    306-596-02




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

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  3         Section 1.  Subsection (6) is added to section 73.091,

  4  Florida Statutes, to read:

  5         73.091  Costs of the proceedings.--

  6         (6)  If a defendant does not accept the last written

  7  settlement offer made by the condemning authority and the

  8  final judgment, exclusive of any interest accumulated after

  9  receipt by the defendant of the last written settlement offer,

10  is equal to or less than the last written settlement offer,

11  the court may not award any expert witness fees or costs

12  incurred by the defendant after the date the last written

13  settlement offer was received by the defendant. For purposes

14  of this subsection, the last written settlement offer may not

15  be received by the defendant any sooner than 120 days after

16  receipt of the written offer required by s. 73.015(1)(b). For

17  purposes of this subsection, the last written settlement offer

18  must be served at least 20 days before either the date set for

19  trial or the first day of the docket on which the case is set

20  for trial, whichever is earlier.

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

22  Statutes, is amended to read:

23         206.46  State Transportation Trust Fund.--

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

25  the revenues deposited into the State Transportation Trust

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

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

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

29  meet the requirements of the documents authorizing the bonds

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

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

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    Florida Senate - 2002                                   SB 542
    306-596-02




  1  coverage requirements of outstanding bonds.  Notwithstanding

  2  the 7 percent annual transfer authorized in this subsection,

  3  the annual amount transferred under this subsection shall not

  4  exceed an amount necessary to provide the required debt

  5  service coverage levels for a maximum debt service not to

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

  7  primarily from the motor and diesel fuel taxes transferred to

  8  the State Transportation Trust Fund from the Fuel Tax

  9  Collection Trust Fund.

10         Section 3.  Effective July 1, 2003, section 337.107,

11  Florida Statutes, as amended by section 3 of chapter

12  2001-____, Laws of Florida, is amended to read:

13         337.107  Contracts for right-of-way services.--The

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

15  right-of-way services on transportation corridors and

16  transportation facilities or the department may include

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

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

19  Right-of-way services include negotiation and acquisition

20  services, appraisal services, demolition and removal of

21  improvements, and asbestos-abatement services.

22         Section 4.  Effective July 1, 2003, paragraph (a) of

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

24  by section 4 of chapter 2001-____, Laws of Florida, is amended

25  to read:

26         337.11  Contracting authority of department; bids;

27  emergency repairs, supplemental agreements, and change orders;

28  combined design and construction contracts; progress payments;

29  records; requirements of vehicle registration.--

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

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

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    Florida Senate - 2002                                   SB 542
    306-596-02




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

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

  3  project into a single contract, except for resurfacing or

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

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

  6  Design-build contracts may be advertised and awarded

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

  8  construction activities may not begin on any portion of such

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

10  easements for the construction of that portion of the project

11  has vested in the state or a local governmental entity, and

12  all railroad crossing and utility agreements have been

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

14  title has been dedicated to the public or acquired by

15  prescription.

16         Section 5.  Subsection (2) of section 338.223, Florida

17  Statutes, is amended to read:

18         338.223  Proposed turnpike projects.--

19         (2)(a)  Subject to the provisions of s. 338.228, the

20  department is authorized to expend, out of any funds available

21  for the purpose, such moneys as may be necessary for studies,

22  preliminary engineering, construction, right-of-way

23  acquisition, and construction engineering inspection of any

24  turnpike project and is authorized to use its engineering and

25  other resources for such purposes.

26         (b)  In accordance with the legislative intent

27  expressed in s. 337.273, and after the requirements of

28  paragraph (1)(c) have been met, the department may acquire

29  lands and property before making a final determination of the

30  economic feasibility of a project. The requirements of

31  paragraph (1)(c) do not apply to hardship and protective

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    Florida Senate - 2002                                   SB 542
    306-596-02




  1  purchases of advance right-of-way by the department. The cost

  2  of advance acquisition of right-of-way may be paid from bonds

  3  issued under s. 337.276 or from turnpike revenues. For

  4  purposes of this paragraph, the term "hardship purchase" means

  5  purchase from a property owner of a residential dwelling of

  6  not more than four units who is at a disadvantage due to

  7  health impairment, job loss, or significant loss of rental

  8  income. For purposes of this paragraph, the term "protective

  9  purchase" means that a purchase to limit development,

10  building, or other intensification of land uses within the

11  area right-of-way is needed for transportation facilities. The

12  department shall give written notice to the Department of

13  Environmental Protection 30 days before final agency

14  acceptance as set forth in s. 119.07(3)(n), which notice shall

15  allow the Department of Environmental Protection to comment.

16  Hardship and protective purchases of right-of-way shall not

17  influence the environmental feasibility of a project,

18  including the decision relative to the need to construct the

19  project or the selection of a specific location. Costs to

20  acquire and dispose of property acquired as hardship and

21  protective purchases are considered costs of doing business

22  for the department and are not to be considered in the

23  determination of environmental feasibility for the project.

24         Section 6.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                   SB 542
    306-596-02




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  2                          SENATE SUMMARY

  3    Provides that a defendant may not be awarded expert
      witness fees or certain costs in an eminent domain
  4    proceeding if the final judgment is equal to or less than
      the last written settlement offer made to the defendant.
  5    Increases, from $135 million to $200 million, the amount
      that may be transferred from the State Transportation
  6    Trust Fund to the Right-of-Way Acquisition and Bridge
      Construction Trust Fund for purposes of paying debt
  7    service on outstanding bonds. Provides for the Department
      of Transportation to include right-of-way services as
  8    part of certain design-build contracts. Provides that a
      project may not be constructed until title to the
  9    necessary rights-of-way and easements has vested in the
      state or a local governmental entity and all railroad
10    crossing and utility agreements have been executed.
      Provides that, with respect to a turnpike project, the
11    rights-of-way need not be acquired before the final
      determination of economic feasibility. (See bill for
12    details.)

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