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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Transportation offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (c) of subsection (2) of section

18  163.3180, Florida Statutes, is amended to read:

19         163.3180  Concurrency.--

20         (2)

21         (c)  Consistent with the public welfare, and except as

22  otherwise provided in this section, transportation facilities

23  designated as part of the Florida Intrastate Highway System

24  needed to serve new development shall be in place or under

25  actual construction not more than 5 years after issuance by

26  the local government of a certificate of occupancy or its

27  functional equivalent. Other transportation facilities needed

28  to serve new development shall be in place or under actual

29  construction no more than 3 years after issuance by the local

30  government of a certificate of occupancy or its functional

31  equivalent.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1         Section 2.  Subsection (5) and paragraph (b) of

  2  subsection (15) of section 334.044, Florida Statutes, are

  3  amended to read:

  4         334.044  Department; powers and duties.--The department

  5  shall have the following general powers and duties:

  6         (5)  To purchase, lease, or otherwise acquire property

  7  and materials, including the purchase of promotional items as

  8  part of public information and education campaigns for the

  9  promotion of scenic highways, traffic and train safety

10  awareness, alternatives to single-occupant vehicle travel, and

11  commercial motor vehicle safety; to purchase, lease, or

12  otherwise acquire equipment and supplies; and to sell,

13  exchange, or otherwise dispose of any property that is no

14  longer needed by the department.

15         (15)  To regulate and prescribe conditions for the

16  transfer of stormwater to the state right-of-way as a result

17  of manmade changes to adjacent properties.

18         (b)  The department is specifically authorized to adopt

19  rules which set forth the purpose; necessary definitions;

20  permit exceptions; permit and assurance requirements; permit

21  application procedures; permit forms; general conditions for a

22  drainage permit; provisions for suspension or revocation of a

23  permit; and provisions for department recovery of fines,

24  penalties, and costs incurred due to permittee actions.  In

25  order to avoid duplication and overlap with other units of

26  government, the department shall accept a surface water

27  management permit issued by a water management district, the

28  Department of Environmental Protection, a surface water

29  management permit issued by a delegated local government, or a

30  permit issued pursuant to an approved Stormwater Management

31  Plan or Master Drainage Plan; provided issuance is based on

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1  requirements equal to or more stringent than those of the

  2  department. The department may enter into a permit-delegation

  3  agreement with a governmental entity if issuance of a permit

  4  is based on requirements that the department finds will ensure

  5  the safety and integrity of facilities of the Department of

  6  Transportation.

  7         Section 3.  Paragraph (b) of subsection (4) of section

  8  339.135, Florida Statutes, is amended to read:

  9         339.135  Work program; legislative budget request;

10  definitions; preparation, adoption, execution, and

11  amendment.--

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

13         (b)1.  A tentative work program, including the ensuing

14  fiscal year and the successive 4 fiscal years, shall be

15  prepared for the State Transportation Trust Fund and other

16  funds managed by the department, unless otherwise provided by

17  law.  The tentative work program shall be based on the

18  district work programs and shall set forth all projects by

19  phase to be undertaken during the ensuing fiscal year and

20  planned for the successive 4 fiscal years. The total amount of

21  the liabilities accruing in each fiscal year of the tentative

22  work program may not exceed the revenues available for

23  expenditure during the respective fiscal year based on the

24  cash forecast for that respective fiscal year.

25         2.  The tentative work program shall be developed in

26  accordance with the Florida Transportation Plan required in s.

27  339.155 and must comply with the program funding levels

28  contained in the program and resource plan.

29         3.  The department may include in the tentative work

30  program proposed changes to the programs contained in the

31  previous work program adopted pursuant to subsection (5);

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1  however, the department shall minimize changes and adjustments

  2  that affect the scheduling of project phases in the 4 common

  3  fiscal years contained in the previous adopted work program

  4  and the tentative work program.  The department, in the

  5  development of the tentative work program, shall advance by 1

  6  fiscal year all projects included in the second year of the

  7  previous year's adopted work program, unless the secretary

  8  specifically determines that it is necessary, for specific

  9  reasons, to reschedule or delete one or more projects from

10  that year.  Such changes and adjustments shall be clearly

11  identified, and the effect on the 4 common fiscal years

12  contained in the previous adopted work program and the

13  tentative work program shall be shown.  It is the intent of

14  the Legislature that the first 5 years of the adopted work

15  program for facilities designated as part of the Florida

16  Intrastate Highway System and the first 3 years of the adopted

17  work program stand as the commitment of the state to undertake

18  transportation projects that local governments may rely on for

19  planning purposes and in the development and amendment of the

20  capital improvements elements of their local government

21  comprehensive plans.

22         4.  The tentative work program must include a balanced

23  36-month forecast of cash and expenditures and a 5-year

24  finance plan supporting the tentative work program.

25         Section 4.  Subsection (2) of section 479.15, Florida

26  Statutes, is amended to read:

27         479.15  Harmony of regulations.--

28         (2)  A municipality, county, local zoning authority, or

29  other local governmental entity may not remove, or cause to be

30  removed, any lawfully erected sign along any portion of the

31  interstate or federal-aid primary highway system without first

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1  paying just compensation for such removal. A local

  2  governmental entity may not cause in any way the alteration of

  3  any lawfully erected sign located along any portion of the

  4  interstate or federal-aid primary highway system without

  5  payment of just compensation if such alteration constitutes a

  6  taking under state law. The municipality, county, local zoning

  7  authority, or other local government entity that adopts

  8  promulgating requirements for such alteration shall pay must

  9  be responsible for payment of just compensation to the sign

10  owner if such alteration constitutes a taking under state law.

11  This subsection applies only to a lawfully erected sign the

12  subject matter of which relates to premises other than the

13  premises on which it is located or to merchandise, services,

14  activities, or entertainment not sold, produced, manufactured,

15  or furnished on the premises on which the sign is located. As

16  used in this subsection, the term "federal-aid primary highway

17  system" means the federal-aid primary highway system in

18  existence on June 1, 1991, and any highway that was not a part

19  of such system as of that date, but that is, or becomes after

20  June 1, 1991, a part of the National Highway System. This

21  subsection shall not be interpreted as explicit or implicit

22  legislative recognition that alterations do or do not

23  constitute a taking under state law.

24         Section 5.  Section 479.25, Florida Statutes, is

25  created to read:

26         479.25  Application of chapter.--This chapter does not

27  prevent a governmental entity from entering into an agreement

28  with the department allowing the height above ground level of

29  a lawfully erected sign to be increased at its permitted

30  location if a noise-attenuation barrier, visibility screen, or

31  other highway improvement is erected in such a way as to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1  screen or block visibility of the sign. However, if a

  2  nonconforming sign is located on the federal-aid primary

  3  highway system, as such system existed on June 1, 1991, or on

  4  any highway that was not a part of such system as of that

  5  date, but that is, or becomes after June 1, 1991, a part of

  6  the National Highway System, the agreement must be approved by

  7  the Federal Highway Administration. Any increase in height

  8  permitted under this section may only be the increase in

  9  height which is required to achieve the same degree of

10  visibility from the right-of-way which the sign had prior to

11  the construction of the noise-attenuation barrier, visibility

12  screen, or other highway improvement.

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

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16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, lines 3 through 17

19  remove:  all of said lines

20

21  and insert:

22         163.3180, F.S.; extending the period within

23         which certain transportation facilities needed

24         to serve new development must be in place or

25         under actual construction; amending s. 334.044,

26         F.S.; authorizing the Department of

27         Transportation to expend funds to promote

28         scenic highways; authorizing the department to

29         delegate to other governmental entities the

30         authority to issue drainage permits under

31         certain circumstances; amending s. 339.135,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 715

    Amendment No. 001 (for drafter's use only)





  1         F.S.; providing a 5-year commitment for

  2         projects on the Florida Intrastate Highway

  3         System; amending s. 479.15, F.S.; defining the

  4         term "federal-aid primary highway system" for

  5         purposes of provisions governing the alteration

  6         of certain lawfully erected signs; creating s.

  7         479.25, F.S.; authorizing local governments to

  8         enter into agreements with the department which

  9         allow outdoor signs to be erected above sound

10         barriers; providing an effective date.

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