House Bill hb0757
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Florida House of Representatives - 2002 HB 757
By Representative Russell
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 20.23, F.S.; revising provisions relating to
4 the organization of the Department of
5 Transportation; deleting certain
6 responsibilities of the secretary; requiring
7 the secretary to submit a report on major
8 actions at each meeting of the Florida
9 Transportation Commission; revising provisions
10 relating to assistant secretaries; reducing the
11 number of assistant secretaries; creating the
12 Office of Comptroller; deleting provisions
13 relating to the inspector general and
14 comptroller; amending s. 110.205, F.S.;
15 correcting cross references, to conform;
16 amending s. 189.441, F.S., relating to
17 contracts with an authority under the Community
18 Improvement Authority Act; removing an
19 exemption from s. 287.055, F.S., related to
20 procurement of specified services; amending s.
21 215.615, F.S., relating to funding of
22 fixed-guideway transportation systems; deleting
23 obsolete language; amending s. 255.20, F.S.;
24 exempting certain transportation projects from
25 certain competitive bidding requirements;
26 amending s. 287.055, F.S.; increasing the
27 amount defining a continuing contract; amending
28 s. 334.044, F.S.; authorizing the department to
29 expend money on items that promote scenic
30 highway projects; authorizing the department to
31 delegate its drainage permitting
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1 responsibilities to other governmental entities
2 under certain circumstances; amending s.
3 336.41, F.S.; providing for counties to certify
4 or qualify persons to perform work under
5 certain contracts; clarifying that a contractor
6 already qualified by the department is presumed
7 qualified to perform work described under
8 contract on county road projects; amending s.
9 336.44, F.S.; providing that certain contracts
10 shall be let to the lowest responsible bidder;
11 amending s. 337.14, F.S.; revising provisions
12 for qualifying persons to bid on certain
13 construction contracts; providing for
14 expressway authorities to certify or qualify
15 persons to perform work under certain
16 contracts; clarifying that a contractor
17 qualified by the department is presumed
18 qualified to perform work described under
19 contract on projects for expressway
20 authorities; amending s. 337.401, F.S.;
21 providing that for certain projects under the
22 department's jurisdiction, a utility relocation
23 schedule and relocation agreement may be
24 executed in lieu of a written permit; amending
25 s. 337.408, F.S.; revising language with
26 respect to the regulation of benches, transit
27 shelters, and waste disposal receptacles within
28 rights-of-way; providing for regulation of
29 street light poles; amending s. 339.08, F.S.;
30 revising language with respect to the use of
31 moneys in the State Transportation Trust Fund;
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1 amending s. 339.12, F.S.; revising language
2 relating to compensation to local governments
3 that perform projects for the department;
4 amending s. 341.031, F.S.; correcting cross
5 references; amending s. 341.051, F.S., relating
6 to financing of public transit capital
7 projects, and s. 341.053, F.S., relating to
8 projects eligible for funding under the
9 Intermodal Development Program; deleting
10 obsolete language; amending s. 348.0003, F.S.;
11 authorizing a county governing body to set
12 qualifications, terms of office, and
13 obligations and rights for the members of
14 expressway authorities within their
15 jurisdictions; amending s. 373.4137, F.S.;
16 providing for certain expressway, bridge, or
17 transportation authorities to create
18 environmental impact inventories and
19 participate in a mitigation program to offset
20 adverse impacts caused by their transportation
21 projects; amending s. 496.425, F.S.; redefining
22 the term "facility"; creating s. 496.4256,
23 F.S.; providing that a governmental entity or
24 authority that owns or operates certain
25 facilities on the State Highway System is not
26 required to issue a permit or grant access to
27 any person for the purpose of soliciting funds;
28 amending s. 768.28, F.S.; providing that
29 certain operators of rail services and
30 providers of security for rail services are
31 agents of the state for certain purposes;
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1 providing for indemnification; providing an
2 effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (1), (2), (3), (6), and (7) of
7 section 20.23, Florida Statutes, are amended to read:
8 20.23 Department of Transportation.--There is created
9 a Department of Transportation which shall be a decentralized
10 agency.
11 (1)(a)1. The head of the Department of Transportation
12 is the Secretary of Transportation. The secretary shall be
13 appointed by the Governor from among three persons nominated
14 by the Florida Transportation Commission and shall be subject
15 to confirmation by the Senate. The secretary shall serve at
16 the pleasure of the Governor.
17 (b)2. The secretary shall be a proven, effective
18 administrator who by a combination of education and experience
19 shall clearly possess a broad knowledge of the administrative,
20 financial, and technical aspects of the development,
21 operation, and regulation of transportation systems and
22 facilities or comparable systems and facilities.
23 (b)1. The secretary shall employ all personnel of the
24 department. He or she shall implement all laws, rules,
25 policies, and procedures applicable to the operation of the
26 department and may not by his or her actions disregard or act
27 in a manner contrary to any such policy. The secretary shall
28 represent the department in its dealings with other state
29 agencies, local governments, special districts, and the
30 Federal Government. He or she shall have authority to sign and
31 execute all documents and papers necessary to carry out his or
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1 her duties and the operations of the department. At each
2 meeting of the Florida Transportation Commission, the
3 secretary shall submit a report of major actions taken by him
4 or her as official representative of the department.
5 2. The secretary shall cause the annual department
6 budget request, the Florida Transportation Plan, and the
7 tentative work program to be prepared in accordance with all
8 applicable laws and departmental policies and shall submit the
9 budget, plan, and program to the Florida Transportation
10 Commission. The commission shall perform an in-depth
11 evaluation of the budget, plan, and program for compliance
12 with all applicable laws and departmental policies. If the
13 commission determines that the budget, plan, or program is not
14 in compliance with all applicable laws and departmental
15 policies, it shall report its findings and recommendations
16 regarding such noncompliance to the Legislature and the
17 Governor.
18 (c)3. The secretary shall provide to the Florida
19 Transportation Commission or its staff, such assistance,
20 information, and documents as are requested by the commission
21 or its staff to enable the commission to fulfill its duties
22 and responsibilities.
23 (d)(c) The secretary shall appoint two three assistant
24 secretaries who shall be directly responsible to the secretary
25 and who shall perform such duties as are specified in this
26 section and such other duties as are assigned by the
27 secretary. The secretary may delegate to any assistant
28 secretary the authority to act in the absence of the
29 secretary. The department has the authority to adopt rules
30 necessary for the delegation of authority beyond the assistant
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1 secretaries. The assistant secretaries shall serve at the
2 pleasure of the secretary.
3 (e)(d) Any secretary appointed after July 5, 1989, and
4 the assistant secretaries shall be exempt from the provisions
5 of part III of chapter 110 and shall receive compensation
6 commensurate with their qualifications and competitive with
7 compensation for comparable responsibility in the private
8 sector. When the salary of any assistant secretary exceeds the
9 limits established in part III of chapter 110, the Governor
10 shall approve said salary.
11 (2)(a)1. The Florida Transportation Commission is
12 hereby created and shall consist of nine members appointed by
13 the Governor subject to confirmation by the Senate. Members of
14 the commission shall serve terms of 4 years each.
15 2. Members shall be appointed in such a manner as to
16 equitably represent all geographic areas of the state. Each
17 member must be a registered voter and a citizen of the state.
18 Each member of the commission must also possess business
19 managerial experience in the private sector.
20 3. A member of the commission shall represent the
21 transportation needs of the state as a whole and may not
22 subordinate the needs of the state to those of any particular
23 area of the state.
24 4. The commission is assigned to the Office of the
25 Secretary of the Department of Transportation for
26 administrative and fiscal accountability purposes, but it
27 shall otherwise function independently of the control and
28 direction of the department.
29 (b) The commission shall have the primary functions
30 to:
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1 1. Recommend major transportation policies for the
2 Governor's approval, and assure that approved policies and any
3 revisions thereto are properly executed.
4 2. Periodically review the status of the state
5 transportation system including highway, transit, rail,
6 seaport, intermodal development, and aviation components of
7 the system and recommend improvements therein to the Governor
8 and the Legislature.
9 3. Perform an in-depth evaluation of the annual
10 department budget request, the Florida Transportation Plan,
11 and the tentative work program for compliance with all
12 applicable laws and established departmental policies. Except
13 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
14 the commission may not consider individual construction
15 projects, but shall consider methods of accomplishing the
16 goals of the department in the most effective, efficient, and
17 businesslike manner.
18 4. Monitor the financial status of the department on a
19 regular basis to assure that the department is managing
20 revenue and bond proceeds responsibly and in accordance with
21 law and established policy.
22 5. Monitor on at least a quarterly basis, the
23 efficiency, productivity, and management of the department,
24 using performance and production standards developed by the
25 commission pursuant to s. 334.045.
26 6. Perform an in-depth evaluation of the factors
27 causing disruption of project schedules in the adopted work
28 program and recommend to the Legislature and the Governor
29 methods to eliminate or reduce the disruptive effects of these
30 factors.
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1 7. Recommend to the Governor and the Legislature
2 improvements to the department's organization in order to
3 streamline and optimize the efficiency of the department. In
4 reviewing the department's organization, the commission shall
5 determine if the current district organizational structure is
6 responsive to Florida's changing economic and demographic
7 development patterns. The initial report by the commission
8 must be delivered to the Governor and Legislature by December
9 15, 2000, and each year thereafter, as appropriate. The
10 commission may retain such experts as are reasonably necessary
11 to effectuate this subparagraph, and the department shall pay
12 the expenses of such experts.
13 (c) The commission or a member thereof may not enter
14 into the day-to-day operation of the department and is
15 specifically prohibited from taking part in:
16 1. The awarding of contracts.
17 2. The selection of a consultant or contractor or the
18 prequalification of any individual consultant or contractor.
19 However, the commission may recommend to the secretary
20 standards and policies governing the procedure for selection
21 and prequalification of consultants and contractors.
22 3. The selection of a route for a specific project.
23 4. The specific location of a transportation facility.
24 5. The acquisition of rights-of-way.
25 6. The employment, promotion, demotion, suspension,
26 transfer, or discharge of any department personnel.
27 7. The granting, denial, suspension, or revocation of
28 any license or permit issued by the department.
29 (d)1. The chair of the commission shall be selected by
30 the commission members and shall serve a 1-year term.
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1 2. The commission shall hold a minimum of 4 regular
2 meetings annually, and other meetings may be called by the
3 chair upon giving at least 1 week's notice to all members and
4 the public pursuant to chapter 120. Other meetings may also be
5 held upon the written request of at least four other members
6 of the commission, with at least 1 week's notice of such
7 meeting being given to all members and the public by the chair
8 pursuant to chapter 120. Emergency meetings may be held
9 without notice upon the request of all members of the
10 commission. At each meeting of the commission, the secretary
11 or his or her designee shall submit a report of major actions
12 taken by him or her as official representative of the
13 department.
14 3. A majority of the membership of the commission
15 constitutes a quorum at any meeting of the commission. An
16 action of the commission is not binding unless the action is
17 taken pursuant to an affirmative vote of a majority of the
18 members present, but not fewer than four members of the
19 commission at a meeting held pursuant to subparagraph 2., and
20 the vote is recorded in the minutes of that meeting.
21 4. The chair shall cause to be made a complete record
22 of the proceedings of the commission, which record shall be
23 open for public inspection.
24 (e) The meetings of the commission shall be held in
25 the central office of the department in Tallahassee unless the
26 chair determines that special circumstances warrant meeting at
27 another location.
28 (f) Members of the commission are entitled to per diem
29 and travel expenses pursuant to s. 112.061.
30 (g) A member of the commission may not have any
31 interest, direct or indirect, in any contract, franchise,
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1 privilege, or other benefit granted or awarded by the
2 department during the term of his or her appointment and for 2
3 years after the termination of such appointment.
4 (h) The commission shall appoint an executive director
5 and assistant executive director, who shall serve under the
6 direction, supervision, and control of the commission. The
7 executive director, with the consent of the commission, shall
8 employ such staff as are necessary to perform adequately the
9 functions of the commission, within budgetary limitations. All
10 employees of the commission are exempt from part II of chapter
11 110 and shall serve at the pleasure of the commission. The
12 salaries and benefits of all employees of the commission shall
13 be set in accordance with the Selected Exempt Service;
14 provided, however, that the commission shall have complete
15 authority for fixing the salary of the executive director and
16 assistant executive director.
17 (i) The commission shall develop a budget pursuant to
18 chapter 216. The budget is not subject to change by the
19 department, but such budget shall be submitted to the Governor
20 along with the budget of the department.
21 (3)(a) The central office shall establish departmental
22 policies, rules, procedures, and standards and shall monitor
23 the implementation of such policies, rules, procedures, and
24 standards in order to ensure uniform compliance and quality
25 performance by the districts and central office units that
26 implement transportation programs. Major transportation policy
27 initiatives or revisions shall be submitted to the commission
28 for review. The central office monitoring function shall be
29 based on a plan that clearly specifies what areas will be
30 monitored, activities and criteria used to measure compliance,
31 and a feedback process that assures monitoring findings are
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1 reported and deficiencies corrected. The secretary is
2 responsible for ensuring that a central office monitoring
3 function is implemented, and that it functions properly. In
4 conjunction with its monitoring function, the central office
5 shall provide such training and administrative support to the
6 districts as the department determines to be necessary to
7 ensure that the department's programs are carried out in the
8 most efficient and effective manner.
9 (b) The resources necessary to ensure the efficiency,
10 effectiveness, and quality of performance by the department of
11 its statutory responsibilities shall be allocated to the
12 central office.
13 (b)(c) The secretary shall appoint an Assistant
14 Secretary for Transportation Policy and, an Assistant
15 Secretary for Finance and Administration, and an Assistant
16 Secretary for District Operations, each of whom shall serve at
17 the pleasure of the secretary. The positions are responsible
18 for developing, monitoring, and enforcing policy and managing
19 major technical programs. The responsibilities and duties of
20 these positions include, but are not limited to, the following
21 functional areas:
22 1. Assistant Secretary for Transportation Policy.--
23 a. Development of the Florida Transportation Plan and
24 other policy planning;
25 b. Development of statewide modal systems plans,
26 including public transportation systems;
27 c. Design of transportation facilities;
28 d. Construction of transportation facilities;
29 e. Acquisition and management of transportation
30 rights-of-way; and
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1 f. Administration of motor carrier compliance and
2 safety.
3 2. Assistant Secretary for District Operations.--
4 a. Administration of the eight districts; and
5 b. Implementation of the decentralization of the
6 department.
7 3. Assistant Secretary for Finance and
8 Administration.--
9 a. Financial planning and management;
10 b. Information systems;
11 c. Accounting systems;
12 d. Administrative functions; and
13 e. Administration of toll operations.
14 (d)1. Policy, program, or operations offices shall be
15 established within the central office for the purposes of:
16 a. Developing policy and procedures and monitoring
17 performance to ensure compliance with these policies and
18 procedures;
19 b. Performing statewide activities which it is more
20 cost-effective to perform in a central location;
21 c. Assessing and ensuring the accuracy of information
22 within the department's financial management information
23 systems; and
24 d. Performing other activities of a statewide nature.
25 (c)1.2. The following offices are established and
26 shall be headed by a manager, each of whom shall be appointed
27 by and serve at the pleasure of the secretary. The positions
28 shall be classified at a level equal to a division director:
29 a. The Office of Administration.;
30 b. The Office of Policy Planning.;
31 c. The Office of Design.;
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1 d. The Office of Highway Operations.;
2 e. The Office of Right-of-Way.;
3 f. The Office of Toll Operations.;
4 g. The Office of Information Systems.; and
5 h. The Office of Motor Carrier Compliance.
6 i. The Office of Management and Budget.
7 j. The Office of Comptroller.
8 2.3. Other offices may be established in accordance
9 with s. 20.04(7). The heads of such offices are exempt from
10 part II of chapter 110. No office or organization shall be
11 created at a level equal to or higher than a division without
12 specific legislative authority.
13 3.4. During the construction of a major transportation
14 improvement project or as determined by the district
15 secretary, the department may provide assistance to a business
16 entity significantly impacted by the project if the entity is
17 a for-profit entity that has been in business for 3 years
18 prior to the beginning of construction and has direct or
19 shared access to the transportation project being constructed.
20 The assistance program shall be in the form of additional
21 guarantees to assist the impacted business entity in receiving
22 loans pursuant to Title 13 C.F.R. part 120. However, in no
23 instance shall the combined guarantees be greater than 90
24 percent of the loan. The department shall adopt rules to
25 implement this subparagraph.
26 (e) The Assistant Secretary for Finance and
27 Administration must possess a broad knowledge of the
28 administrative, financial, and technical aspects of a complete
29 cost-accounting system, budget preparation and management, and
30 management information systems. The Assistant Secretary for
31 Finance and Administration must be a proven, effective manager
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1 with specialized skills in financial planning and management.
2 The Assistant Secretary for Finance and Administration shall
3 ensure that financial information is processed in a timely,
4 accurate, and complete manner.
5 (f)1. Within the central office there is created an
6 Office of Management and Budget. The head of the Office of
7 Management and Budget is responsible to the Assistant
8 Secretary for Finance and Administration and is exempt from
9 part II of chapter 110.
10 2. The functions of the Office of Management and
11 Budget include, but are not limited to:
12 a. Preparation of the work program;
13 b. Preparation of the departmental budget; and
14 c. Coordination of related policies and procedures.
15 3. The Office of Management and Budget shall also be
16 responsible for developing uniform implementation and
17 monitoring procedures for all activities performed at the
18 district level involving the budget and the work program.
19 (d)(g) The secretary shall may appoint an inspector
20 general pursuant to s. 20.055 who shall be directly
21 responsible to the secretary and shall serve at the pleasure
22 of the secretary.
23 (h)1. The secretary shall appoint an inspector general
24 pursuant to s. 20.055. The inspector general may be
25 organizationally located within another unit of the department
26 for administrative purposes, but shall function independently
27 and be directly responsible to the secretary pursuant to s.
28 20.055. The duties of the inspector general shall include, but
29 are not restricted to, reviewing, evaluating, and reporting on
30 the policies, plans, procedures, and accounting, financial,
31 and other operations of the department and recommending
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1 changes for the improvement thereof, as well as performing
2 audits of contracts and agreements between the department and
3 private entities or other governmental entities. The inspector
4 general shall give priority to reviewing major parts of the
5 department's accounting system and central office monitoring
6 function to determine whether such systems effectively ensure
7 accountability and compliance with all laws, rules, policies,
8 and procedures applicable to the operation of the department.
9 The inspector general shall also give priority to assessing
10 the department's management information systems as required by
11 s. 282.318. The internal audit function shall use the
12 necessary expertise, in particular, engineering, financial,
13 and property appraising expertise, to independently evaluate
14 the technical aspects of the department's operations. The
15 inspector general shall have access at all times to any
16 personnel, records, data, or other information of the
17 department and shall determine the methods and procedures
18 necessary to carry out his or her duties. The inspector
19 general is responsible for audits of departmental operations
20 and for audits of consultant contracts and agreements, and
21 such audits shall be conducted in accordance with generally
22 accepted governmental auditing standards. The inspector
23 general shall annually perform a sufficient number of audits
24 to determine the efficiency and effectiveness, as well as
25 verify the accuracy of estimates and charges, of contracts
26 executed by the department with private entities and other
27 governmental entities. The inspector general has the sole
28 responsibility for the contents of his or her reports, and a
29 copy of each report containing his or her findings and
30 recommendations shall be furnished directly to the secretary
31 and the commission.
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1 2. In addition to the authority and responsibilities
2 herein provided, the inspector general is required to report
3 to the:
4 a. Secretary whenever the inspector general makes a
5 preliminary determination that particularly serious or
6 flagrant problems, abuses, or deficiencies relating to the
7 administration of programs and operations of the department
8 have occurred. The secretary shall review and assess the
9 correctness of the preliminary determination by the inspector
10 general. If the preliminary determination is substantiated,
11 the secretary shall submit such report to the appropriate
12 committees of the Legislature within 7 calendar days, together
13 with a report by the secretary containing any comments deemed
14 appropriate. Nothing in this section shall be construed to
15 authorize the public disclosure of information which is
16 specifically prohibited from disclosure by any other provision
17 of law.
18 b. Transportation Commission and the Legislature any
19 actions by the secretary that prohibit the inspector general
20 from initiating, carrying out, or completing any audit after
21 the inspector general has decided to initiate, carry out, or
22 complete such audit. The secretary shall, within 30 days after
23 transmission of the report, set forth in a statement to the
24 Transportation Commission and the Legislature the reasons for
25 his or her actions.
26 (i)1. The secretary shall appoint a comptroller who is
27 responsible to the Assistant Secretary for Finance and
28 Administration. This position is exempt from part II of
29 chapter 110.
30 2. The comptroller is the chief financial officer of
31 the department and must be a proven, effective administrator
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1 who by a combination of education and experience clearly
2 possesses a broad knowledge of the administrative, financial,
3 and technical aspects of a complex cost-accounting system. The
4 comptroller must also have a working knowledge of generally
5 accepted accounting principles. At a minimum, the comptroller
6 must hold an active license to practice public accounting in
7 Florida pursuant to chapter 473 or an active license to
8 practice public accounting in any other state. In addition to
9 the requirements of the Florida Fiscal Accounting Management
10 Information System Act, the comptroller is responsible for the
11 development, maintenance, and modification of an accounting
12 system that will in a timely manner accurately reflect the
13 revenues and expenditures of the department and that includes
14 a cost-accounting system to properly identify, segregate,
15 allocate, and report department costs. The comptroller shall
16 supervise and direct preparation of a detailed 36-month
17 forecast of cash and expenditures and is responsible for
18 managing cash and determining cash requirements. The
19 comptroller shall review all comparative cost studies that
20 examine the cost-effectiveness and feasibility of contracting
21 for services and operations performed by the department. The
22 review must state that the study was prepared in accordance
23 with generally accepted cost-accounting standards applied in a
24 consistent manner using valid and accurate cost data.
25 3. The department shall by rule or internal management
26 memoranda as required by chapter 120 provide for the
27 maintenance by the comptroller of financial records and
28 accounts of the department as will afford a full and complete
29 check against the improper payment of bills and provide a
30 system for the prompt payment of the just obligations of the
31 department, which records must at all times disclose:
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1 a. The several appropriations available for the use of
2 the department;
3 b. The specific amounts of each such appropriation
4 budgeted by the department for each improvement or purpose;
5 c. The apportionment or division of all such
6 appropriations among the several counties and districts, when
7 such apportionment or division is made;
8 d. The amount or portion of each such apportionment
9 against general contractual and other liabilities then
10 created;
11 e. The amount expended and still to be expended in
12 connection with each contractual and other obligation of the
13 department;
14 f. The expense and operating costs of the various
15 activities of the department;
16 g. The receipts accruing to the department and the
17 distribution thereof;
18 h. The assets, investments, and liabilities of the
19 department; and
20 i. The cash requirements of the department for a
21 36-month period.
22 4. The comptroller shall maintain a separate account
23 for each fund administered by the department.
24 5. The comptroller shall perform such other related
25 duties as designated by the department.
26 (e)(j) The secretary shall appoint a general counsel
27 who shall be employed full time and shall be directly
28 responsible to the secretary and shall serve at the pleasure
29 of the secretary. The general counsel is responsible for all
30 legal matters of the department. The department may employ as
31
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1 many attorneys as it deems necessary to advise and represent
2 the department in all transportation matters.
3 (f)(k) The secretary shall appoint a state
4 transportation planner who shall report to the Assistant
5 Secretary for Transportation Policy. The state transportation
6 planner's responsibilities shall include, but are not limited
7 to, policy planning, systems planning, and transportation
8 statistics. This position shall be classified at a level equal
9 to a deputy assistant secretary.
10 (g)(l) The secretary shall appoint a state highway
11 engineer who shall report to the Assistant Secretary for
12 Transportation Policy. The state highway engineer's
13 responsibilities shall include, but are not limited to,
14 design, construction, and maintenance of highway facilities;
15 acquisition and management of transportation rights-of-way;
16 traffic engineering; and materials testing. This position
17 shall be classified at a level equal to a deputy assistant
18 secretary.
19 (h)(m) The secretary shall appoint a state public
20 transportation administrator who shall report to the Assistant
21 Secretary for Transportation Policy. The state public
22 transportation administrator's responsibilities shall include,
23 but are not limited to, the administration of statewide
24 transit, rail, intermodal development, and aviation programs.
25 This position shall be classified at a level equal to a deputy
26 assistant secretary. The department shall also assign to the
27 public transportation administrator an organizational unit the
28 primary function of which is to administer the high-speed rail
29 program.
30 (6) To facilitate the efficient and effective
31 management of the department in a businesslike manner, the
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1 department shall develop a system for the submission of
2 monthly management reports to the Florida Transportation
3 Commission and secretary from the district secretaries. The
4 commission and the secretary shall determine which reports are
5 required to fulfill their respective responsibilities under
6 this section. A copy of each such report shall be submitted
7 monthly to the appropriations and transportation committees of
8 the Senate and the House of Representatives. Recommendations
9 made by the Auditor General in his or her audits of the
10 department that relate to management practices, systems, or
11 reports shall be implemented in a timely manner. However, if
12 the department determines that one or more of the
13 recommendations should be altered or should not be
14 implemented, it shall provide a written explanation of such
15 determination to the Legislative Auditing Committee within 6
16 months after the date the recommendations were published.
17 (6)(7) The department is authorized to contract with
18 local governmental entities and with the private sector if the
19 department first determines that:
20 (a) Consultants can do the work at less cost than
21 state employees;
22 (b) State employees can do the work at less cost, but
23 sufficient positions have not been approved by the Legislature
24 as requested in the department's most recent legislative
25 budget request;
26 (c) The work requires specialized expertise, and it
27 would not be economical for the state to acquire, and then
28 maintain, the expertise after the work is done;
29 (d) The workload is at a peak level, and it would not
30 be economical to acquire, and then keep, extra personnel after
31 the workload decreases; or
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1 (e) The use of such entities is clearly in the
2 public's best interest.
3
4 Such contracts shall require compliance with applicable
5 federal and state laws, and clearly specify the product or
6 service to be provided.
7 Section 2. Paragraphs (j) and (m) of subsection (2) of
8 section 110.205, Florida Statutes, are amended to read:
9 110.205 Career service; exemptions.--
10 (2) EXEMPT POSITIONS.--The exempt positions that are
11 not covered by this part include the following:
12 (j) The appointed secretaries, assistant secretaries,
13 deputy secretaries, and deputy assistant secretaries of all
14 departments; the executive directors, assistant executive
15 directors, deputy executive directors, and deputy assistant
16 executive directors of all departments; and the directors of
17 all divisions and those positions determined by the department
18 to have managerial responsibilities comparable to such
19 positions, which positions include, but are not limited to,
20 program directors, assistant program directors, district
21 administrators, deputy district administrators, the Director
22 of Central Operations Services of the Department of Children
23 and Family Services, and the State Transportation Planner,
24 State Highway Engineer, State Public Transportation
25 Administrator, district secretaries, district directors of
26 planning and programming, production, and operations, and the
27 managers of the offices specified in s. 20.23(3)(c)1.(d)2., of
28 the Department of Transportation. Unless otherwise fixed by
29 law, the department shall set the salary and benefits of these
30 positions in accordance with the rules of the Senior
31 Management Service.
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1 (m) All assistant division director, deputy division
2 director, and bureau chief positions in any department, and
3 those positions determined by the department to have
4 managerial responsibilities comparable to such positions,
5 which positions include, but are not limited to, positions in
6 the Department of Health, the Department of Children and
7 Family Services, and the Department of Corrections that are
8 assigned primary duties of serving as the superintendent or
9 assistant superintendent, or warden or assistant warden, of an
10 institution; positions in the Department of Corrections that
11 are assigned primary duties of serving as the circuit
12 administrator or deputy circuit administrator; positions in
13 the Department of Transportation that are assigned primary
14 duties of serving as regional toll managers and managers of
15 offices as defined in s. 20.23(3)(c)2.(d)3. and (4)(d);
16 positions in the Department of Environmental Protection that
17 are assigned the duty of an Environmental Administrator or
18 program administrator; those positions described in s. 20.171
19 as included in the Senior Management Service; and positions in
20 the Department of Health that are assigned the duties of
21 Environmental Administrator, Assistant County Health
22 Department Director, and County Health Department Financial
23 Administrator. Unless otherwise fixed by law, the department
24 shall set the salary and benefits of these positions in
25 accordance with the rules established for the Selected Exempt
26 Service.
27 Section 3. Section 189.441, Florida Statutes, is
28 amended to read:
29 189.441 Contracts.--Contracts for the construction of
30 projects and for any other purpose of the authority may be
31 awarded by the authority in a manner that will best promote
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1 free and open competition, including advertisement for
2 competitive bids; however, if the authority determines that
3 the purposes of this act will be more effectively served
4 thereby, the authority may award or cause to be awarded
5 contracts for the construction of any project, including
6 design-build contracts, or any part thereof, or for any other
7 purpose of the authority upon a negotiated basis as determined
8 by the authority. Each contractor doing business with the
9 authority and required to be licensed by the state or local
10 general-purpose governments must maintain the license during
11 the term of the contract with the authority. The authority may
12 prescribe bid security requirements and other procedures in
13 connection with the award of contracts which protect the
14 public interest. Section 287.055 does not apply to the
15 selection of professional architectural, engineering,
16 landscape architectural, or land surveying services by the
17 authority or to the procurement of design-build contracts. The
18 authority may, and in the case of a new professional sports
19 franchise must, by written contract engage the services of the
20 operator, lessee, sublessee, or purchaser, or prospective
21 operator, lessee, sublessee, or purchaser, of any project in
22 the construction of the project and may, and in the case of a
23 new professional sports franchise must, provide in the
24 contract that the lessee, sublessee, purchaser, or prospective
25 lessee, sublessee, or purchaser, may act as an agent of, or an
26 independent contractor for, the authority for the performance
27 of the functions described therein, subject to the conditions
28 and requirements prescribed in the contract, including
29 functions such as the acquisition of the site and other real
30 property for the project; the preparation of plans,
31 specifications, financing, and contract documents; the award
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1 of construction and other contracts upon a competitive or
2 negotiated basis; the construction of the project, or any part
3 thereof, directly by the lessee, purchaser, or prospective
4 lessee or purchaser; the inspection and supervision of
5 construction; the employment of engineers, architects,
6 builders, and other contractors; and the provision of money to
7 pay the cost thereof pending reimbursement by the authority.
8 Any such contract may, and in the case of a new professional
9 sports franchise must, allow the authority to make advances to
10 or reimburse the lessee, sublessee, or purchaser, or
11 prospective lessee, sublessee, or purchaser for its costs
12 incurred in the performance of those functions, and must set
13 forth the supporting documents required to be submitted to the
14 authority and the reviews, examinations, and audits that are
15 required in connection therewith to assure compliance with the
16 contract.
17 Section 4. Subsection (2) of section 215.615, Florida
18 Statutes, is amended to read:
19 215.615 Fixed-guideway transportation systems
20 funding.--
21 (2) To be eligible for participation, fixed-guideway
22 transportation system projects must comply with the major
23 capital investment policy guidelines and criteria established
24 by the Department of Transportation under chapter 341; must be
25 found to be consistent, to the maximum extent feasible, with
26 approved local government comprehensive plans of the local
27 governments in which such projects are located; and must be
28 included in the work program of the Department of
29 Transportation pursuant to the provisions under s. 339.135.
30 The department shall certify that the expected useful life of
31
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1 the transportation improvements will equal or exceed the
2 maturity date of the debt to be issued.
3 Section 5. Paragraph (a) of subsection (1) of section
4 255.20, Florida Statutes, is amended to read:
5 255.20 Local bids and contracts for public
6 construction works; specification of state-produced lumber.--
7 (1) A county, municipality, special district as
8 defined in chapter 189, or other political subdivision of the
9 state seeking to construct or improve a public building,
10 structure, or other public construction works must
11 competitively award to an appropriately licensed contractor
12 each project that is estimated in accordance with generally
13 accepted cost-accounting principles to have total construction
14 project costs of more than $200,000. For electrical work,
15 local government must competitively award to an appropriately
16 licensed contractor each project that is estimated in
17 accordance with generally accepted cost-accounting principles
18 to have a cost of more than $50,000. As used in this section,
19 the term "competitively award" means to award contracts based
20 on the submission of sealed bids, proposals submitted in
21 response to a request for proposal, proposals submitted in
22 response to a request for qualifications, or proposals
23 submitted for competitive negotiation. This subsection
24 expressly allows contracts for construction management
25 services, design/build contracts, continuation contracts based
26 on unit prices, and any other contract arrangement with a
27 private sector contractor permitted by any applicable
28 municipal or county ordinance, by district resolution, or by
29 state law. For purposes of this section, construction costs
30 include the cost of all labor, except inmate labor, and
31 include the cost of equipment and materials to be used in the
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1 construction of the project. Subject to the provisions of
2 subsection (3), the county, municipality, special district, or
3 other political subdivision may establish, by municipal or
4 county ordinance or special district resolution, procedures
5 for conducting the bidding process.
6 (a) The provisions of this subsection do not apply:
7 1. When the project is undertaken to replace,
8 reconstruct, or repair an existing facility damaged or
9 destroyed by a sudden unexpected turn of events, such as an
10 act of God, riot, fire, flood, accident, or other urgent
11 circumstances, and such damage or destruction creates:
12 a. An immediate danger to the public health or safety;
13 b. Other loss to public or private property which
14 requires emergency government action; or
15 c. An interruption of an essential governmental
16 service.
17 2. When, after notice by publication in accordance
18 with the applicable ordinance or resolution, the governmental
19 entity does not receive any responsive bids or responses.
20 3. To construction, remodeling, repair, or improvement
21 to a public electric or gas utility system when such work on
22 the public utility system is performed by personnel of the
23 system.
24 4. To construction, remodeling, repair, or improvement
25 by a utility commission whose major contracts are to construct
26 and operate a public electric utility system.
27 5. When the project is undertaken as repair or
28 maintenance of an existing public facility.
29 6. When the project is undertaken exclusively as part
30 of a public educational program.
31
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1 7. When the funding source of the project will be
2 diminished or lost because the time required to competitively
3 award the project after the funds become available exceeds the
4 time within which the funding source must be spent.
5 8. When the local government has competitively awarded
6 a project to a private sector contractor and the contractor
7 has abandoned the project before completion or the local
8 government has terminated the contract.
9 9. When the governing board of the local government,
10 after public notice, conducts a public meeting under s.
11 286.011 and finds by a majority vote of the governing board
12 that it is in the public's best interest to perform the
13 project using its own services, employees, and equipment. The
14 public notice must be published at least 14 days prior to the
15 date of the public meeting at which the governing board takes
16 final action to apply this subparagraph. The notice must
17 identify the project, the estimated cost of the project, and
18 specify that the purpose for the public meeting is to consider
19 whether it is in the public's best interest to perform the
20 project using the local government's own services, employees,
21 and equipment. In deciding whether it is in the public's best
22 interest for local government to perform a project using its
23 own services, employees, and equipment, the governing board
24 may consider the cost of the project, whether the project
25 requires an increase in the number of government employees, an
26 increase in capital expenditures for public facilities,
27 equipment or other capital assets, the impact on local
28 economic development, the impact on small and minority
29 business owners, the impact on state and local tax revenues,
30 whether the private sector contractors provide health
31 insurance and other benefits equivalent to those provided by
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1 the local government, and any other factor relevant to what is
2 in the public's best interest.
3 10. When the governing board of the local government
4 determines upon consideration of specific substantive criteria
5 and administrative procedures that it is in the best interest
6 of the local government to award the project to an
7 appropriately licensed private sector contractor according to
8 procedures established by and expressly set forth in a
9 charter, ordinance, or resolution of the local government
10 adopted prior to July 1, 1994. The criteria and procedures
11 must be set out in the charter, ordinance, or resolution and
12 must be applied uniformly by the local government to avoid
13 award of any project in an arbitrary or capricious manner.
14 This exception shall apply when all of the following occur:
15 a. When the governing board of the local government,
16 after public notice, conducts a public meeting under s.
17 286.011 and finds by a two-thirds vote of the governing board
18 that it is in the public's best interest to award the project
19 according to the criteria and procedures established by
20 charter, ordinance, or resolution. The public notice must be
21 published at least 14 days prior to the date of the public
22 meeting at which the governing board takes final action to
23 apply this subparagraph. The notice must identify the project,
24 the estimated cost of the project, and specify that the
25 purpose for the public meeting is to consider whether it is in
26 the public's best interest to award the project using the
27 criteria and procedures permitted by the preexisting
28 ordinance.
29 b. In the event the project is to be awarded by any
30 method other than a competitive selection process, the
31 governing board must find evidence that:
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1 (I) There is one appropriately licensed contractor who
2 is uniquely qualified to undertake the project because that
3 contractor is currently under contract to perform work that is
4 affiliated with the project; or
5 (II) The time to competitively award the project will
6 jeopardize the funding for the project, or will materially
7 increase the cost of the project or will create an undue
8 hardship on the public health, safety, or welfare.
9 c. In the event the project is to be awarded by any
10 method other than a competitive selection process, the
11 published notice must clearly specify the ordinance or
12 resolution by which the private sector contractor will be
13 selected and the criteria to be considered.
14 d. In the event the project is to be awarded by a
15 method other than a competitive selection process, the
16 architect or engineer of record has provided a written
17 recommendation that the project be awarded to the private
18 sector contractor without competitive selection; and the
19 consideration by, and the justification of, the government
20 body are documented, in writing, in the project file and are
21 presented to the governing board prior to the approval
22 required in this paragraph.
23 11. To projects subject to chapter 336.
24 Section 6. Paragraph (g) of subsection (2) of section
25 287.055, Florida Statutes, is amended to read:
26 287.055 Acquisition of professional architectural,
27 engineering, landscape architectural, or surveying and mapping
28 services; definitions; procedures; contingent fees prohibited;
29 penalties.--
30 (2) DEFINITIONS.--For purposes of this section:
31
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1 (g) A "continuing contract" is a contract for
2 professional services entered into in accordance with all the
3 procedures of this act between an agency and a firm whereby
4 the firm provides professional services to the agency for
5 projects in which construction costs do not exceed $1 million
6 $500,000, for study activity when the fee for such
7 professional service does not exceed $50,000 $25,000, or for
8 work of a specified nature as outlined in the contract
9 required by the agency, with no time limitation except that
10 the contract must provide a termination clause.
11 Section 7. Subsection (5) and paragraph (b) of
12 subsection (15) of section 334.044, Florida Statutes, are
13 amended to read:
14 334.044 Department; powers and duties.--The department
15 shall have the following general powers and duties:
16 (5) To purchase, lease, or otherwise acquire property
17 and materials, including the purchase of promotional items as
18 part of public information and education campaigns for the
19 promotion of scenic highways, traffic and train safety
20 awareness, alternatives to single-occupant vehicle travel, and
21 commercial motor vehicle safety; to purchase, lease, or
22 otherwise acquire equipment and supplies; and to sell,
23 exchange, or otherwise dispose of any property that is no
24 longer needed by the department.
25 (15) To regulate and prescribe conditions for the
26 transfer of stormwater to the state right-of-way as a result
27 of manmade changes to adjacent properties.
28 (b) The department is specifically authorized to adopt
29 rules which set forth the purpose; necessary definitions;
30 permit exceptions; permit and assurance requirements; permit
31 application procedures; permit forms; general conditions for a
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1 drainage permit; provisions for suspension or revocation of a
2 permit; and provisions for department recovery of fines,
3 penalties, and costs incurred due to permittee actions. In
4 order to avoid duplication and overlap with other units of
5 government, the department shall accept a surface water
6 management permit issued by a water management district, the
7 Department of Environmental Protection, or a surface water
8 management permit issued by a delegated local government, or a
9 permit issued pursuant to an approved Stormwater Management
10 Plan or Master Drainage Plan,; provided issuance is based on
11 requirements equal to or more stringent than those of the
12 department. The department may enter into a permit delegation
13 agreement with a governmental entity provided issuance is
14 based on requirements that the department determines will
15 ensure the safety and integrity of Department of
16 Transportation facilities.
17 Section 8. Subsection (4) is added to section 336.41,
18 Florida Statutes, to read:
19 336.41 Counties; employing labor and providing road
20 equipment; accounting; when competitive bidding required.--
21 (4)(a) For contracts in excess of $250,000, any county
22 may require that persons interested in performing work under
23 the contract first be certified or qualified to do the work.
24 Any contractor prequalified and considered eligible to bid by
25 the department to perform the type of work described under the
26 contract shall be presumed to be qualified to perform the work
27 so described. Any contractor may be considered ineligible to
28 bid by the county if the contractor is behind an approved
29 progress schedule by 10 percent or more on another project for
30 that county at the time of the advertisement of the work. The
31 county may provide an appeal process to overcome such
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1 consideration with de novo review based on the record below to
2 the circuit court.
3 (b) The county shall publish prequalification criteria
4 and procedures prior to advertisement or notice of
5 solicitation. Such publications shall include notice of a
6 public hearing for comment on such criteria and procedures
7 prior to adoption. The procedures shall provide for an appeal
8 process within the county for objections to the
9 prequalification process with de novo review based on the
10 record below to the circuit court.
11 (c) The county shall also publish for comment, prior
12 to adoption, the selection criteria and procedures to be used
13 by the county if such procedures would allow selection of
14 other than the lowest responsible bidder. The selection
15 criteria shall include an appeal process within the county
16 with de novo review based on the record below to the circuit
17 court.
18 Section 9. Subsection (2) of section 336.44, Florida
19 Statutes, is amended to read:
20 336.44 Counties; contracts for construction of roads;
21 procedure; contractor's bond.--
22 (2) Such contracts shall be let to the lowest
23 responsible competent bidder, after publication of notice for
24 bids containing specifications furnished by the commissioners
25 in a newspaper published in the county where such contract is
26 made, at least once each week for 2 consecutive weeks prior to
27 the making of such contract.
28 Section 10. Subsection (4) of section 337.14, Florida
29 Statutes, is amended, and subsection (9) is added to said
30 section, to read:
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1 337.14 Application for qualification; certificate of
2 qualification; restrictions; request for hearing.--
3 (4) If the applicant is found to possess the
4 prescribed qualifications, the department shall issue to him
5 or her a certificate of qualification that which, unless
6 thereafter revoked by the department for good cause, will be
7 valid for a period of 18 16 months after from the date of the
8 applicant's financial statement or such shorter period as the
9 department prescribes may prescribe. If In the event the
10 department finds that an application is incomplete or contains
11 inadequate information or information that which cannot be
12 verified, the department may request in writing that the
13 applicant provide the necessary information to complete the
14 application or provide the source from which any information
15 in the application may be verified. If the applicant fails to
16 comply with the initial written request within a reasonable
17 period of time as specified therein, the department shall
18 request the information a second time. If the applicant fails
19 to comply with the second request within a reasonable period
20 of time as specified therein, the application shall be denied.
21 (9)(a) Notwithstanding any other law to the contrary,
22 for contracts in excess of $250,000, an authority created
23 pursuant to chapter 348 or chapter 349 may require that
24 persons interested in performing work under contract first be
25 certified or qualified to do the work. Any contractor may be
26 considered ineligible to bid by the governmental entity or
27 authority if the contractor is behind an approved progress
28 schedule for the governmental entity or authority by 10
29 percent or more at the time of advertisement of the work. Any
30 contractor prequalified and considered eligible by the
31 department to bid to perform the type of work described under
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1 the contract shall be presumed to be qualified to perform the
2 work so described. The governmental entity or authority may
3 provide an appeal process to overcome that presumption with de
4 novo review based on the record below to the circuit court.
5 (b) With respect to contractors not prequalified with
6 the department, the authority shall publish prequalification
7 criteria and procedures prior to advertisement or notice of
8 solicitation. Such publications shall include notice of a
9 public hearing for comment on such criteria and procedures
10 prior to adoption. The procedures shall provide for an appeal
11 process within the authority for objections to the
12 prequalification process with de novo review based on the
13 record below to the circuit court within 30 days.
14 (c) An authority may establish criteria and procedures
15 under which contractor selection may occur on a basis other
16 than the lowest responsible bidder. Prior to adoption, the
17 authority shall publish for comment the proposed criteria and
18 procedures. Review of the adopted criteria and procedures
19 shall be to the circuit court, within 30 days after adoption,
20 with de novo review based on the record below.
21 Section 11. Subsection (2) of section 337.401, Florida
22 Statutes, is amended to read:
23 337.401 Use of right-of-way for utilities subject to
24 regulation; permit; fees.--
25 (2) The authority may grant to any person who is a
26 resident of this state, or to any corporation which is
27 organized under the laws of this state or licensed to do
28 business within this state, the use of a right-of-way for the
29 utility in accordance with such rules or regulations as the
30 authority may adopt. No utility shall be installed, located,
31 or relocated unless authorized by a written permit issued by
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1 the authority. However, for public roads or publicly owned
2 rail corridors under the jurisdiction of the department, a
3 utility relocation schedule and relocation agreement may be
4 executed in lieu of a written permit. The permit shall require
5 the permitholder to be responsible for any damage resulting
6 from the issuance of such permit. The authority may initiate
7 injunctive proceedings as provided in s. 120.69 to enforce
8 provisions of this subsection or any rule or order issued or
9 entered into pursuant thereto.
10 Section 12. Subsection (5) of section 337.408, Florida
11 Statutes, is renumbered as subsection (6), and a new
12 subsection (5) is added to said section to read:
13 337.408 Regulation of benches, transit shelters,
14 street light poles, and waste disposal receptacles within
15 rights-of-way.--
16 (5) Street light poles, including attached public
17 service messages and advertisements, may be located within the
18 right-of-way limits of municipal and county roads in the same
19 manner as benches, transit shelters, and waste disposal
20 receptacles as provided in this section and in accordance with
21 municipal and county ordinances. Public service messages and
22 advertisements may be installed on street light poles on roads
23 on the State Highway System in accordance with height, size,
24 setback, spacing distance, duration of display, safety,
25 traffic control, and permitting requirements established by
26 administrative rule of the Department of Transportation.
27 Public service messages and advertisements shall be subject to
28 bilateral agreements, where applicable, to be negotiated with
29 the owner of the street light poles, which shall consider,
30 among other things, power source rates, design, safety,
31 operational and maintenance concerns, and other matters of
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1 public importance. For the purposes of this section, the term
2 "street light poles" does not include electric transmission or
3 distribution poles. The department shall have authority to
4 establish administrative rules to implement this subsection.
5 No advertising on light poles shall be permitted on the
6 Interstate Highway System. No permanent structures carrying
7 advertisements attached to light poles shall be permitted on
8 the National Highway System.
9 Section 13. Subsections (1) and (2) of section 339.08,
10 Florida Statutes, are amended to read:
11 339.08 Use of moneys in State Transportation Trust
12 Fund.--
13 (1) The department shall expend by rule provide for
14 the expenditure of the moneys in the State Transportation
15 Trust Fund accruing to the department, in accordance with its
16 annual budget.
17 (2) These rules must restrict The use of such moneys
18 is restricted to the following purposes:
19 (a) To pay administrative expenses of the department,
20 including administrative expenses incurred by the several
21 state transportation districts, but excluding administrative
22 expenses of commuter rail authorities that do not operate rail
23 service.
24 (b) To pay the cost of construction of the State
25 Highway System.
26 (c) To pay the cost of maintaining the State Highway
27 System.
28 (d) To pay the cost of public transportation projects
29 in accordance with chapter 341 and ss. 332.003-332.007.
30
31
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1 (e) To reimburse counties or municipalities for
2 expenditures made on projects in the State Highway System as
3 authorized by s. 339.12(4) upon legislative approval.
4 (f) To pay the cost of economic development
5 transportation projects in accordance with s. 288.063.
6 (g) To lend or pay a portion of the operating,
7 maintenance, and capital costs of a revenue-producing
8 transportation project that is located on the State Highway
9 System or that is demonstrated to relieve traffic congestion
10 on the State Highway System.
11 (h) To match any federal-aid funds allocated for any
12 other transportation purpose, including funds allocated to
13 projects not located in the State Highway System.
14 (i) To pay the cost of county road projects selected
15 in accordance with the Small County Road Assistance Program
16 created in s. 339.2816.
17 (j) To pay the cost of county or municipal road
18 projects selected in accordance with the County Incentive
19 Grant Program created in s. 339.2817 and the Small County
20 Outreach Program created in s. 339.2818.
21 (k) To provide loans and credit enhancements for use
22 in constructing and improving highway transportation
23 facilities selected in accordance with the state-funded
24 infrastructure bank created in s. 339.55.
25 (l) To fund the Transportation Outreach Program
26 created in s. 339.137.
27 (m) To pay other lawful expenditures of the
28 department.
29 Section 14. Subsection (5) of section 339.12, Florida
30 Statutes, is amended to read:
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1 339.12 Aid and contributions by governmental entities
2 for department projects; federal aid.--
3 (5) The department and the governing body of a
4 governmental entity may enter into an agreement by which the
5 governmental entity agrees to perform a highway project or
6 project phase in the department's adopted work program that is
7 not revenue producing or any public transportation project in
8 the adopted work program. By specific provision in the written
9 agreement between the department and the governing body of the
10 governmental entity, the department may agree to compensate
11 reimburse the governmental entity the actual cost of for the
12 project or project phase contained in the adopted work
13 program. Compensation Reimbursement to the governmental entity
14 for such project or project phases must be made from funds
15 appropriated by the Legislature, and compensation
16 reimbursement for the cost of the project or project phase is
17 to begin in the year the project or project phase is scheduled
18 in the work program as of the date of the agreement.
19 Section 15. Subsections (8) and (10) of section
20 341.031, Florida Statutes, are amended to read:
21 341.031 Definitions relating to Florida Public Transit
22 Act.--As used in ss. 341.011-341.061, the term:
23 (8) "Public transit service development project" means
24 a project undertaken by a public agency to determine whether a
25 new or innovative technique or measure can be utilized to
26 improve or expand public transit services to its constituency.
27 The duration of the project shall be limited according to the
28 type of the project in conformance with the provisions of s.
29 341.051(5)(e)(f), but in no case shall exceed a period of 3
30 years. Public transit service development projects
31 specifically include projects involving the utilization of new
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1 technologies, services, routes, or vehicle frequencies; the
2 purchase of special transportation services; and other such
3 techniques for increasing service to the riding public as are
4 applicable to specific localities and transit user groups.
5 (10) "Transit corridor project" means a project that
6 is undertaken by a public agency and designed to relieve
7 congestion and improve capacity within an identified
8 transportation corridor by increasing people-carrying capacity
9 of the system through the use and facilitated movement of
10 high-occupancy conveyances. Each transit corridor project
11 must meet the requirements established in s. 341.051(5)(d)(e)
12 and, if applicable, the requirements of the department's major
13 capital investment policy developed pursuant to s.
14 341.051(5)(b). Initial project duration shall not exceed a
15 period of 2 years unless the project is reauthorized by the
16 Legislature. Such reauthorization shall be based upon a
17 determination that the project is meeting or exceeding the
18 criteria, developed pursuant to s. 341.051(5)(d)(e), by which
19 the success of the project is being judged and by inclusion of
20 the project in a departmental appropriation request.
21 Section 16. Subsection (5) of section 341.051, Florida
22 Statutes, is amended to read:
23 341.051 Administration and financing of public transit
24 programs and projects.--
25 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
26 (a) The department may fund up to 50 percent of the
27 nonfederal share of the costs, not to exceed the local share,
28 of any eligible public transit capital project or commuter
29 assistance project that is local in scope; except, however,
30 that departmental participation in the final design,
31 right-of-way acquisition, and construction phases of an
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1 individual fixed-guideway project which is not approved for
2 federal funding shall not exceed an amount equal to 12.5
3 percent of the total cost of each phase.
4 (b) The Department of Transportation shall develop a
5 major capital investment policy which shall include policy
6 criteria and guidelines for the expenditure or commitment of
7 state funds for public transit capital projects. The policy
8 shall include the following:
9 1. Methods to be used to determine consistency of a
10 transit project with the approved local government
11 comprehensive plans of the units of local government in which
12 the project is located.
13 2. Methods for evaluating the level of local
14 commitment to a transit project, which is to be demonstrated
15 through system planning and the development of a feasible plan
16 to fund operating cost through fares, value capture techniques
17 such as joint development and special districts, or other
18 local funding mechanisms.
19 3. Methods for evaluating alternative transit systems
20 including an analysis of technology and alternative methods
21 for providing transit services in the corridor.
22 (b)(c) The department is authorized to fund up to 100
23 percent of the cost of any eligible transit capital project or
24 commuter assistance project that is statewide in scope or
25 involves more than one county where no other governmental
26 entity or appropriate jurisdiction exists.
27 (c)(d) The department is authorized to advance up to
28 80 percent of the capital cost of any eligible project that
29 will assist Florida's transit systems in becoming fiscally
30 self-sufficient. Such advances shall be reimbursed to the
31
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1 department on an appropriate schedule not to exceed 5 years
2 after the date of provision of the advances.
3 (d)(e) The department is authorized to fund up to 100
4 percent of the capital and net operating costs of statewide
5 transit service development projects or transit corridor
6 projects. All transit service development projects shall be
7 specifically identified by way of a departmental appropriation
8 request, and transit corridor projects shall be identified as
9 part of the planned improvements on each transportation
10 corridor designated by the department. The project objectives,
11 the assigned operational and financial responsibilities, the
12 timeframe required to develop the required service, and the
13 criteria by which the success of the project will be judged
14 shall be documented by the department for each such transit
15 service development project or transit corridor project.
16 (e)(f) The department is authorized to fund up to 50
17 percent of the capital and net operating costs of transit
18 service development projects that are local in scope and that
19 will improve system efficiencies, ridership, or revenues. All
20 such projects shall be identified in the appropriation request
21 of the department through a specific program of projects, as
22 provided for in s. 341.041, that is selectively applied in the
23 following functional areas and is subject to the specified
24 times of duration:
25 1. Improving system operations, including, but not
26 limited to, realigning route structures, increasing system
27 average speed, decreasing deadhead mileage, expanding area
28 coverage, and improving schedule adherence, for a period of up
29 to 3 years;
30 2. Improving system maintenance procedures, including,
31 but not limited to, effective preventive maintenance programs,
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1 improved mechanics training programs, decreasing service
2 repair calls, decreasing parts inventory requirements, and
3 decreasing equipment downtime, for a period of up to 3 years;
4 3. Improving marketing and consumer information
5 programs, including, but not limited to, automated information
6 services, organized advertising and promotion programs, and
7 signing of designated stops, for a period of up to 2 years;
8 and
9 4. Improving technology involved in overall
10 operations, including, but not limited to, transit equipment,
11 fare collection techniques, electronic data processing
12 applications, and bus locators, for a period of up to 2 years.
13
14 For purposes of this section, the term "net operating costs"
15 means all operating costs of a project less any federal funds,
16 fares, or other sources of income to the project.
17 Section 17. Subsection (6) of section 341.053, Florida
18 Statutes, is amended to read:
19 341.053 Intermodal Development Program;
20 administration; eligible projects; limitations.--
21 (6) The department is authorized to fund projects
22 within the Intermodal Development Program, which are
23 consistent, to the maximum extent feasible, with approved
24 local government comprehensive plans of the units of local
25 government in which the project is located. Projects that are
26 eligible for funding under this program include major capital
27 investments in public rail and fixed-guideway transportation
28 facilities and systems which provide intermodal access and
29 which, if approved after July 1, 1991, have complied with the
30 requirement of the department's major capital investment
31 policy; road, rail, or fixed-guideway access to, from, or
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1 between seaports, airports, and other transportation
2 terminals; construction of intermodal or multimodal terminals;
3 development and construction of dedicated bus lanes; and
4 projects which otherwise facilitate the intermodal or
5 multimodal movement of people and goods.
6 Section 18. Paragraph (d) of subsection (2) of section
7 348.0003, Florida Statutes, is amended to read:
8 348.0003 Expressway authority; formation;
9 membership.--
10 (2) The governing body of an authority shall consist
11 of not fewer than five nor more than nine voting members. The
12 district secretary of the affected department district shall
13 serve as a nonvoting member of the governing body of each
14 authority located within the district. Each member of the
15 governing body must at all times during his or her term of
16 office be a permanent resident of the county which he or she
17 is appointed to represent.
18 (d) Notwithstanding any provision to the contrary in
19 this subsection, in any county as defined in s. 125.011(1),
20 the governing body of an authority shall consist of up to 13
21 members, and the following provisions of this paragraph shall
22 apply specifically to such authority. Except for the district
23 secretary of the department, the members must be residents of
24 the county. Seven voting members shall be appointed by the
25 governing body of the county. At the discretion of the
26 governing body of the county, up to two of the members
27 appointed by the governing body of the county may be elected
28 officials residing in the county. Five voting members of the
29 authority shall be appointed by the Governor. One member shall
30 be the district secretary of the department serving in the
31 district that contains such county. This member shall be an ex
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1 officio voting member of the authority. If the governing board
2 of an authority includes any member originally appointed by
3 the governing body of the county as a nonvoting member, when
4 the term of such member expires, that member shall be replaced
5 by a member appointed by the Governor until the governing body
6 of the authority is composed of seven members appointed by the
7 governing body of the county and five members appointed by the
8 Governor. The qualifications, terms of office, and obligations
9 and rights of members of the authority shall be determined by
10 resolution or ordinance of the governing body of the county in
11 a manner that is consistent with subsections (3) and (4).
12 Section 19. Section 373.4137, Florida Statutes, is
13 amended to read:
14 373.4137 Mitigation requirements.--
15 (1) The Legislature finds that environmental
16 mitigation for the impact of transportation projects proposed
17 by the Department of Transportation or a transportation
18 authority established pursuant to chapter 348 or chapter 349
19 can be more effectively achieved by regional, long-range
20 mitigation planning rather than on a project-by-project basis.
21 It is the intent of the Legislature that mitigation to offset
22 the adverse effects of these transportation projects be funded
23 by the Department of Transportation and be carried out by the
24 Department of Environmental Protection and the water
25 management districts, including the use of mitigation banks
26 established pursuant to this part.
27 (2) Environmental impact inventories for
28 transportation projects proposed by the Department of
29 Transportation or a transportation authority established
30 pursuant to chapter 348 or chapter 349 shall be developed as
31 follows:
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1 (a) By May 1 of each year, the Department of
2 Transportation or a transportation authority established
3 pursuant to chapter 348 or chapter 349 shall submit to the
4 Department of Environmental Protection and the water
5 management districts a copy of its adopted work program and an
6 inventory of habitats addressed in the rules tentatively,
7 pursuant to this part and s. 404 of the Clean Water Act, 33
8 U.S.C. s. 1344, which may be impacted by its plan of
9 construction for transportation projects in the next 3 years
10 of the tentative work program. The Department of
11 Transportation or a transportation authority established
12 pursuant to chapter 348 or chapter 349 may also include in its
13 inventory the habitat impacts of any future transportation
14 project identified in the tentative work program.
15 (b) The environmental impact inventory shall include a
16 description of these habitat impacts, including their
17 location, acreage, and type; state water quality
18 classification of impacted wetlands and other surface waters;
19 any other state or regional designations for these habitats;
20 and a survey of threatened species, endangered species, and
21 species of special concern affected by the proposed project.
22 (3)(a) To fund the mitigation plan for the projected
23 impacts identified in the inventory described in subsection
24 (2), the Department of Transportation shall identify funds
25 quarterly in an escrow account within the State Transportation
26 Trust Fund for the environmental mitigation phase of projects
27 budgeted by the Department of Transportation for the current
28 fiscal year. The escrow account shall be maintained by the
29 Department of Transportation for the benefit of the Department
30 of Environmental Protection and the water management
31
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1 districts. Any interest earnings from the escrow account shall
2 remain with the Department of Transportation.
3 (b) Each transportation authority established pursuant
4 to chapter 348 or chapter 349 that chooses to participate in
5 this program shall create an escrow account within its
6 financial structure and deposit funds in the account to pay
7 for the environmental mitigation phase of projects budgeted
8 for the current fiscal year. The escrow account shall be
9 maintained by the authority for the benefit of the Department
10 of Environmental Protection and the water management
11 districts. Any interest earnings from the escrow account shall
12 remain with the authority.
13 (c) The Department of Environmental Protection or
14 water management districts may request a transfer of funds
15 from an the escrow account no sooner than 30 days prior to the
16 date the funds are needed to pay for activities associated
17 with development or implementation of the approved mitigation
18 plan described in subsection (4) for the current fiscal year,
19 including, but not limited to, design, engineering,
20 production, and staff support. Actual conceptual plan
21 preparation costs incurred before plan approval may be
22 submitted to the Department of Transportation or the
23 appropriate transportation authority and the Department of
24 Environmental Protection by November 1 of each year with the
25 plan. The conceptual plan preparation costs of each water
26 management district will be paid based on the amount approved
27 on the mitigation plan and allocated to the current fiscal
28 year projects identified by the water management district. The
29 amount transferred to the escrow accounts account each year by
30 the Department of Transportation and participating
31 transportation authorities established pursuant to chapter 348
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1 or chapter 349 shall correspond to a cost per acre of $75,000
2 multiplied by the projected acres of impact identified in the
3 inventory described in subsection (2). However, the $75,000
4 cost per acre does not constitute an admission against
5 interest by the state or its subdivisions nor is the cost
6 admissible as evidence of full compensation for any property
7 acquired by eminent domain or through inverse condemnation.
8 Each July 1, the cost per acre shall be adjusted by the
9 percentage change in the average of the Consumer Price Index
10 issued by the United States Department of Labor for the most
11 recent 12-month period ending September 30, compared to the
12 base year average, which is the average for the 12-month
13 period ending September 30, 1996. At the end of each year, the
14 projected acreage of impact shall be reconciled with the
15 acreage of impact of projects as permitted, including permit
16 modifications, pursuant to this part and s. 404 of the Clean
17 Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
18 funds shall be adjusted accordingly to reflect the
19 overtransfer or undertransfer of funds from the preceding
20 year. The Department of Transportation and participating
21 transportation authorities established pursuant to chapter 348
22 or chapter 349 are is authorized to transfer such funds from
23 the escrow accounts account to the Department of Environmental
24 Protection and the water management districts to carry out the
25 mitigation programs.
26 (4) Prior to December 1 of each year, each water
27 management district, in consultation with the Department of
28 Environmental Protection, the United States Army Corps of
29 Engineers, the Department of Transportation, transportation
30 authorities established pursuant to chapter 348 or chapter
31 349, and other appropriate federal, state, and local
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1 governments, and other interested parties, including entities
2 operating mitigation banks, shall develop a plan for the
3 primary purpose of complying with the mitigation requirements
4 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan
5 shall also address significant invasive plant problems within
6 wetlands and other surface waters. In developing such plans,
7 the districts shall utilize sound ecosystem management
8 practices to address significant water resource needs and
9 shall focus on activities of the Department of Environmental
10 Protection and the water management districts, such as surface
11 water improvement and management (SWIM) waterbodies and lands
12 identified for potential acquisition for preservation,
13 restoration, and enhancement, to the extent that such
14 activities comply with the mitigation requirements adopted
15 under this part and 33 U.S.C. s. 1344. In determining the
16 activities to be included in such plans, the districts shall
17 also consider the purchase of credits from public or private
18 mitigation banks permitted under s. 373.4136 and associated
19 federal authorization and shall include such purchase as a
20 part of the mitigation plan when such purchase would offset
21 the impact of the transportation project, provide equal
22 benefits to the water resources than other mitigation options
23 being considered, and provide the most cost-effective
24 mitigation option. The mitigation plan shall be preliminarily
25 approved by the water management district governing board and
26 shall be submitted to the secretary of the Department of
27 Environmental Protection for review and final approval. The
28 preliminary approval by the water management district
29 governing board does not constitute a decision that affects
30 substantial interests as provided by s. 120.569. At least 30
31 days prior to preliminary approval, the water management
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1 district shall provide a copy of the draft mitigation plan to
2 any person who has requested a copy.
3 (a) For each transportation project with a funding
4 request for the next fiscal year, the mitigation plan must
5 include a brief explanation of why a mitigation bank was or
6 was not chosen as a mitigation option, including an estimation
7 of identifiable costs of the mitigation bank and nonbank
8 options to the extent practicable.
9 (b) Specific projects may be excluded from the
10 mitigation plan and shall not be subject to this section upon
11 the agreement of the Department of Transportation, a
12 transportation authority if applicable, the Department of
13 Environmental Protection, and the appropriate water management
14 district that the inclusion of such projects would hamper the
15 efficiency or timeliness of the mitigation planning and
16 permitting process, or the Department of Environmental
17 Protection and the water management district are unable to
18 identify mitigation that would offset the impacts of the
19 project.
20 (c) Surface water improvement and management or
21 invasive plant control projects undertaken using the $12
22 million advance transferred from the Department of
23 Transportation to the Department of Environmental Protection
24 in fiscal year 1996-1997 which meet the requirements for
25 mitigation under this part and 33 U.S.C. s. 1344 shall remain
26 available for mitigation until the $12 million is fully
27 credited up to and including fiscal year 2004-2005. When these
28 projects are used as mitigation, the $12 million advance shall
29 be reduced by $75,000 per acre of impact mitigated. For any
30 fiscal year through and including fiscal year 2004-2005, to
31 the extent the cost of developing and implementing the
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1 mitigation plans is less than the amount transferred pursuant
2 to subsection (3), the difference shall be credited towards
3 the $12 million advance. Except as provided in this paragraph,
4 any funds not directed to implement the mitigation plan
5 should, to the greatest extent possible, be directed to fund
6 invasive plant control within wetlands and other surface
7 waters.
8 (5) The water management district shall be responsible
9 for ensuring that mitigation requirements pursuant to 33
10 U.S.C. s. 1344 are met for the impacts identified in the
11 inventory described in subsection (2), by implementation of
12 the approved plan described in subsection (4) to the extent
13 funding is provided by the Department of Transportation, or a
14 transportation authority established pursuant to chapter 348
15 or chapter 349, if applicable. During the federal permitting
16 process, the water management district may deviate from the
17 approved mitigation plan in order to comply with federal
18 permitting requirements.
19 (6) The mitigation plans plan shall be updated
20 annually to reflect the most current Department of
21 Transportation work program and project list of a
22 transportation authority established pursuant to chapter 348
23 or chapter 349, if applicable, and may be amended throughout
24 the year to anticipate schedule changes or additional projects
25 which may arise. Each update and amendment of the mitigation
26 plan shall be submitted to the secretary of the Department of
27 Environmental Protection for approval. However, such approval
28 shall not be applicable to a deviation as described in
29 subsection (5).
30 (7) Upon approval by the secretary of the Department
31 of Environmental Protection, the mitigation plan shall be
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1 deemed to satisfy the mitigation requirements under this part
2 and any other mitigation requirements imposed by local,
3 regional, and state agencies for impacts identified in the
4 inventory described in subsection (2). The approval of the
5 secretary shall authorize the activities proposed in the
6 mitigation plan, and no other state, regional, or local permit
7 or approval shall be necessary.
8 (8) This section shall not be construed to eliminate
9 the need for the Department of Transportation or a
10 transportation authority established pursuant to chapter 348
11 or chapter 349 to comply with the requirement to implement
12 practicable design modifications, including realignment of
13 transportation projects, to reduce or eliminate the impacts of
14 its transportation projects on wetlands and other surface
15 waters as required by rules adopted pursuant to this part, or
16 to diminish the authority under this part to regulate other
17 impacts, including water quantity or water quality impacts, or
18 impacts regulated under this part that are not identified in
19 the inventory described in subsection (2).
20 (9) The process for environmental mitigation for the
21 impact of transportation projects under this section shall be
22 available to an expressway, bridge, or transportation
23 authority established under chapter 348 or chapter 349. Use of
24 this process may be initiated by an authority depositing the
25 requisite funds into an escrow account set up by the authority
26 and filing an environmental impact inventory with the
27 appropriate water management district. An authority that
28 initiates the environmental mitigation process established by
29 this section shall comply with subsection (6) by timely
30 providing the appropriate water management district and the
31 Department of Environmental Protection with the requisite work
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1 program information. A water management district may draw down
2 funds from the escrow account as provided in this section.
3 Section 20. Paragraph (b) of subsection (1) of section
4 496.425, Florida Statutes, is amended to read:
5 496.425 Solicitation of funds within public
6 transportation facilities.--
7 (1) As used in this section:
8 (b) "Facility" means any public transportation
9 facility, including, but not limited to, railroad stations,
10 bus stations, ship ports, ferry terminals, and roadside
11 welcome stations, highway service plazas, airports served by
12 scheduled passenger service, or highway rest stations.
13 Section 21. Section 496.4256, Florida Statutes, is
14 created to read:
15 496.4256 Public transportation facilities not required
16 to grant permit or access.--A governmental entity or authority
17 that owns or operates welcome centers, wayside parks, service
18 plazas, or rest areas on the State Highway System as defined
19 in chapter 335 shall not be required to issue a permit or
20 grant any person access to such public transportation
21 facilities for the purpose of soliciting funds.
22 Section 22. Paragraph (d) is added to subsection (10)
23 of section 768.28, Florida Statutes, to read:
24 768.28 Waiver of sovereign immunity in tort actions;
25 recovery limits; limitation on attorney fees; statute of
26 limitations; exclusions; indemnification; risk management
27 programs.--
28 (10)
29 (d) For the purposes of this section, operators of
30 rail services and providers of security for rail services, or
31 any of their employees or agents, that have contractually
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1 agreed to act as agents of the Tri-County Commuter Rail
2 Authority to operate rail services or provide security for
3 rail services shall be considered agents of the state while
4 acting within the scope of and pursuant to guidelines
5 established in said contract or by rule. The contract shall
6 provide for the indemnification of the state by the agent for
7 any liability incurred up to the limits set out in this
8 chapter.
9 Section 23. This act shall take effect July 1, 2002.
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1 *****************************************
2 HOUSE SUMMARY
3
Reorganizes offices and functions within the Department
4 of Transportation and revises responsibilities of the
secretary. Revises provisions relating to contracts with
5 an authority under the Community Improvement Authority
Act. Exempts certain transportation projects from certain
6 competitive bidding requirements. Increases the amount
defining a continuing contract. Authorizes expenditure
7 for items that promote scenic highway projects.
Authorizes delegation of drainage permitting
8 responsibilities. Provides for counties to certify or
qualify persons to perform work under certain contracts.
9 Provides that certain contracts shall be let to the
lowest responsible bidder. Revises provisions for
10 qualifying persons to bid on certain construction
contracts. Provides for expressway authorities to certify
11 or qualify persons to perform work under certain
contracts. Clarifies that a contractor qualified by the
12 department is presumed qualified to perform work
described under contract. Provides that, for certain
13 projects, a utility relocation schedule and relocation
agreement may be executed in lieu of a written permit.
14 Provides for regulation of street light poles. Revises
provisions for the use of moneys in the State
15 Transportation Trust Fund, financing of public transit
capital projects, and projects eligible for funding under
16 the Intermodal Development Program. Authorizes a county
governing body to set qualifications, terms of office,
17 and obligations and rights for the members of expressway
authorities. Provides for certain authorities to create
18 environmental impact inventories and participate in
mitigation programs. Provides that a governmental entity
19 or authority that owns or operates certain facilities on
the State Highway System is not required to issue a
20 permit or grant access for the purpose of soliciting
funds. Provides that certain operators of rail services
21 and providers of security for rail services are agents of
the state for certain purposes and provides for
22 indemnification.
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