House Bill hb0757e1
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                                        CS/HB 757, First Engrossed
  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; repealing s. 59, ch. 99-385, Laws
15         of Florida; abrogating the repeal of provisions
16         governing business damages in eminent domain
17         actions; amending s. 73.071, F.S.; providing
18         for the age required of a standing business in
19         order to qualify for business damages; amending
20         s. 110.205, F.S.; correcting cross references,
21         to conform; amending s. 120.52, F.S.;
22         redefining the term "agency" for the purposes
23         of the Administrative Procedure Act to provide
24         that metropolitan planning organizations are
25         not agencies for the purposes of the act;
26         amending s. 163.3177, F.S.; adding airport
27         master plans that have specified components to
28         comprehensive plans; creating exemption to
29         development of regional impact review if
30         certain conditions are met; amending s.
31         189.441, F.S., relating to contracts with an
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                                        CS/HB 757, First Engrossed
  1         authority under the Community Improvement
  2         Authority Act; removing an exemption from s.
  3         287.055, F.S., related to procurement of
  4         specified services; amending s. 215.615, F.S.,
  5         relating to funding of fixed-guideway
  6         transportation systems; deleting obsolete
  7         language; amending s. 255.20, F.S.; exempting
  8         certain transportation projects from certain
  9         competitive bidding requirements; amending s.
10         287.055, F.S.; increasing the amount defining a
11         continuing contract; amending s. 311.09, F.S.;
12         providing for application of s. 287.055, F.S.,
13         the Consultants' Competitive Negotiation Act,
14         to seaports; amending s. 315.02, F.S.;
15         redefining the terms "unit" and "port
16         facilities" for purposes of port facilities
17         financing; including seaport security projects
18         within the meaning of "port facility"; amending
19         s. 315.03, F.S.; authorizing certain entities
20         to participate in certain federal loan
21         programs; providing for oversight by the
22         Florida Seaport Transportation and Economic
23         Development Council; requiring annual reports;
24         requiring legislative review; amending s.
25         316.003, F.S.; revising definition of "motor
26         vehicle"; defining the terms "electric personal
27         assistive mobility device" and "motorized
28         scooter"; creating s. 316.2068, F.S.; providing
29         regulations for electric personal assistive
30         mobility devices; amending s. 316.515, F.S.;
31         revising size requirement provisions for
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                                        CS/HB 757, First Engrossed
  1         vehicles transporting certain agricultural
  2         products; allowing the Department of
  3         Transportation to issue permits for certain
  4         vehicles; amending s. 316.520, F.S.; exempting
  5         certain vehicles from covering requirements;
  6         creating s. 316.80, F.S.; establishing
  7         penalties for persons who transport motor or
  8         diesel fuel in unlawful containers;
  9         establishing penalties for use of stolen or
10         illegal payment access devices; providing for
11         forfeiture; providing for costs; amending s.
12         320.08056, F.S.; providing use fees for the
13         Florida Firefighters license plate and the
14         Police Benevolent Association license plate;
15         amending s. 320.08058, F.S.; providing for
16         creation of the Florida Firefighters license
17         plate and the Police Benevolent Association
18         license plate; providing for the distribution
19         of use fees received from the sale of such
20         plates; amending s. 332.004, F.S.; revising the
21         definition of "airport or aviation development
22         project" for purposes of the Florida Airport
23         Development and Assistance Act to add certain
24         noise mitigation projects; amending s. 332.007,
25         F.S.; extending expiration date of provisions
26         relating to economic assistance to airports for
27         certain projects; extending due date of certain
28         loans for certain airports; amending s. 333.06,
29         F.S.; adding requirements for an airport master
30         plan; amending s. 334.044, F.S.; authorizing
31         the department to expend money on items that
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                                        CS/HB 757, First Engrossed
  1         promote scenic highway projects; authorizing
  2         the department to delegate its drainage
  3         permitting responsibilities to other
  4         governmental entities under certain
  5         circumstances; amending s. 334.175, F.S.;
  6         adding state-registered landscape architects to
  7         the list of design professionals who sign,
  8         seal, and certify certain Department of
  9         Transportation project plans; creating s.
10         335.066, F.S.; creating the Safe Paths to
11         Schools Program within the Department of
12         Transportation; providing for consideration of
13         planning and construction with certain
14         criteria; providing for grants for local,
15         regional, and state projects that support the
16         program; providing rulemaking authority;
17         amending s. 336.41, F.S.; providing for
18         counties to certify or qualify persons to
19         perform work under certain contracts;
20         clarifying that a contractor already qualified
21         by the department is presumed qualified to
22         perform work described under contract on county
23         road projects; amending s. 336.44, F.S.;
24         providing that certain contracts shall be let
25         to the lowest responsible bidder; amending s.
26         337.11, F.S., relating to design-build
27         contracts effective July 1, 2003; adding
28         right-of-way services to activities that can be
29         part of a design-build contract; amending s.
30         337.11, F.S., relating to design-build
31         contracts effective July 1, 2005; deleting
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                                        CS/HB 757, First Engrossed
  1         right-of-way services from design-build
  2         contracts; amending s. 337.14, F.S.; revising
  3         provisions for qualifying persons to bid on
  4         certain construction contracts; providing for
  5         expressway authorities to certify or qualify
  6         persons to perform work under certain
  7         contracts; clarifying that a contractor
  8         qualified by the department is presumed
  9         qualified to perform work described under
10         contract on projects for expressway
11         authorities; amending s. 337.401, F.S.;
12         providing that for certain projects under the
13         department's jurisdiction, a utility relocation
14         schedule and relocation agreement may be
15         executed in lieu of a written permit; amending
16         s. 337.408, F.S.; revising language with
17         respect to the regulation of benches, transit
18         shelters, and waste disposal receptacles within
19         rights-of-way; restating the Department of
20         Transportation's rulemaking authority regarding
21         regulation of bus benches; providing for local
22         government regulation of dimensions of bus
23         benches and advertising displays to supersede
24         the department's regulations, in certain
25         circumstances; requiring approval of Federal
26         Highway Administration for bus benches and
27         advertising displays on the National Highway
28         System; providing for regulation of street
29         light poles; amending s. 339.08, F.S.; revising
30         language with respect to the use of moneys in
31         the State Transportation Trust Fund; amending
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                                        CS/HB 757, First Engrossed
  1         s. 339.12, F.S.; revising language relating to
  2         compensation to local governments that perform
  3         projects for the department; providing for
  4         preference to certain counties for
  5         transportation grants under specified
  6         circumstances; amending s. 339.55, F.S.;
  7         providing for state infrastructure bank funds
  8         to be spent on intermodal projects; revising
  9         criteria for evaluation of projects; amending
10         s. 341.031, F.S.; correcting cross references;
11         amending s. 341.051, F.S., relating to
12         financing of public transit capital projects,
13         and s. 341.053, F.S., relating to projects
14         eligible for funding under the Intermodal
15         Development Program; deleting obsolete
16         language; amending s. 341.501, F.S., relating
17         to high-technology transportation systems;
18         authorizing the department to match funds from
19         other states or jurisdictions for certain
20         purposes; providing criteria; amending s.
21         348.0003, F.S.; authorizing a county governing
22         body to set qualifications, terms of office,
23         and obligations and rights for the members of
24         expressway authorities within their
25         jurisdictions; amending s. 348.0008, F.S.;
26         allowing expressway authorities to acquire
27         certain interests in land; providing for
28         expressway authorities and their agents or
29         employees to access public or private property
30         for certain purposes; creating s. 348.545,
31         F.S.; clarifying that the Tampa-Hillsborough
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                                        CS/HB 757, First Engrossed
  1         County Expressway Authority may use bond
  2         revenues to finance improvements to toll
  3         facilities, interchanges, and other facilities
  4         related to the expressway system; amending s.
  5         348.565, F.S.; adding the connector highway
  6         linking Lee Roy Selmon Crosstown Expressway to
  7         Interstate 4 as an approved project; amending
  8         s. 373.4137, F.S.; providing for certain
  9         expressway, bridge, or transportation
10         authorities to create environmental impact
11         inventories and participate in a mitigation
12         program to offset adverse impacts caused by
13         their transportation projects; amending s.
14         380.04, F.S.; adding work on rights-of-way
15         pertaining to electricity facilities to the
16         list of activities not defined as "development"
17         for purposes of the Florida Environmental Land
18         and Water Management Act; amending s. 380.06,
19         F.S., relating to development of regional
20         impact; removing a rebuttable presumption with
21         respect to application of the statewide
22         guidelines and standards and revising the fixed
23         thresholds; providing application with respect
24         to developments that have received a
25         development-of-regional-impact development
26         order or that have an application for
27         development approval or notification of
28         proposed change pending; amending s. 496.425,
29         F.S.; redefining the term "facility"; creating
30         s. 496.4256, F.S.; providing that a
31         governmental entity or authority that owns or
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                                        CS/HB 757, First Engrossed
  1         operates certain facilities on the State
  2         Highway System is not required to issue a
  3         permit or grant access to any person for the
  4         purpose of soliciting funds; creating the Dori
  5         Slosberg Driver Education Safety Act;
  6         authorizing a board of county commissioners to
  7         require an additional amount to be collected
  8         with each civil traffic penalty to be used to
  9         fund traffic education programs in public and
10         nonpublic schools; providing for administration
11         of funds collected; restricting use of said
12         funds; amending s. 2 of chapter 88-418, Laws of
13         Florida, relating to Crandon Boulevard;
14         allowing expenditure of public funds for
15         modifications to provide access for
16         governmental public safety vehicles; providing
17         effective dates.
18
19  Be It Enacted by the Legislature of the State of Florida:
20
21         Section 1.  Subsections (1), (2), (3), (6), and (7) of
22  section 20.23, Florida Statutes, are amended to read:
23         20.23  Department of Transportation.--There is created
24  a Department of Transportation which shall be a decentralized
25  agency.
26         (1)(a)1.  The head of the Department of Transportation
27  is the Secretary of Transportation. The secretary shall be
28  appointed by the Governor from among three persons nominated
29  by the Florida Transportation Commission and shall be subject
30  to confirmation by the Senate. The secretary shall serve at
31  the pleasure of the Governor.
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                                        CS/HB 757, First Engrossed
  1         (b)2.  The secretary shall be a proven, effective
  2  administrator who by a combination of education and experience
  3  shall clearly possess a broad knowledge of the administrative,
  4  financial, and technical aspects of the development,
  5  operation, and regulation of transportation systems and
  6  facilities or comparable systems and facilities.
  7         (b)1.  The secretary shall employ all personnel of the
  8  department. He or she shall implement all laws, rules,
  9  policies, and procedures applicable to the operation of the
10  department and may not by his or her actions disregard or act
11  in a manner contrary to any such policy. The secretary shall
12  represent the department in its dealings with other state
13  agencies, local governments, special districts, and the
14  Federal Government. He or she shall have authority to sign and
15  execute all documents and papers necessary to carry out his or
16  her duties and the operations of the department. At each
17  meeting of the Florida Transportation Commission, the
18  secretary shall submit a report of major actions taken by him
19  or her as official representative of the department.
20         2.  The secretary shall cause the annual department
21  budget request, the Florida Transportation Plan, and the
22  tentative work program to be prepared in accordance with all
23  applicable laws and departmental policies and shall submit the
24  budget, plan, and program to the Florida Transportation
25  Commission. The commission shall perform an in-depth
26  evaluation of the budget, plan, and program for compliance
27  with all applicable laws and departmental policies. If the
28  commission determines that the budget, plan, or program is not
29  in compliance with all applicable laws and departmental
30  policies, it shall report its findings and recommendations
31
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                                        CS/HB 757, First Engrossed
  1  regarding such noncompliance to the Legislature and the
  2  Governor.
  3         (c)3.  The secretary shall provide to the Florida
  4  Transportation Commission or its staff, such assistance,
  5  information, and documents as are requested by the commission
  6  or its staff to enable the commission to fulfill its duties
  7  and responsibilities.
  8         (d)(c)  The secretary shall appoint two three assistant
  9  secretaries who shall be directly responsible to the secretary
10  and who shall perform such duties as are specified in this
11  section and such other duties as are assigned by the
12  secretary. The secretary may delegate to any assistant
13  secretary the authority to act in the absence of the
14  secretary. The department has the authority to adopt rules
15  necessary for the delegation of authority beyond the assistant
16  secretaries. The assistant secretaries shall serve at the
17  pleasure of the secretary.
18         (e)(d)  Any secretary appointed after July 5, 1989, and
19  the assistant secretaries shall be exempt from the provisions
20  of part III of chapter 110 and shall receive compensation
21  commensurate with their qualifications and competitive with
22  compensation for comparable responsibility in the private
23  sector. When the salary of any assistant secretary exceeds the
24  limits established in part III of chapter 110, the Governor
25  shall approve said salary.
26         (2)(a)1.  The Florida Transportation Commission is
27  hereby created and shall consist of nine members appointed by
28  the Governor subject to confirmation by the Senate. Members of
29  the commission shall serve terms of 4 years each.
30         2.  Members shall be appointed in such a manner as to
31  equitably represent all geographic areas of the state. Each
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                                        CS/HB 757, First Engrossed
  1  member must be a registered voter and a citizen of the state.
  2  Each member of the commission must also possess business
  3  managerial experience in the private sector.
  4         3.  A member of the commission shall represent the
  5  transportation needs of the state as a whole and may not
  6  subordinate the needs of the state to those of any particular
  7  area of the state.
  8         4.  The commission is assigned to the Office of the
  9  Secretary of the Department of Transportation for
10  administrative and fiscal accountability purposes, but it
11  shall otherwise function independently of the control and
12  direction of the department.
13         (b)  The commission shall have the primary functions
14  to:
15         1.  Recommend major transportation policies for the
16  Governor's approval, and assure that approved policies and any
17  revisions thereto are properly executed.
18         2.  Periodically review the status of the state
19  transportation system including highway, transit, rail,
20  seaport, intermodal development, and aviation components of
21  the system and recommend improvements therein to the Governor
22  and the Legislature.
23         3.  Perform an in-depth evaluation of the annual
24  department budget request, the Florida Transportation Plan,
25  and the tentative work program for compliance with all
26  applicable laws and established departmental policies. Except
27  as specifically provided in s. 339.135(4)(c)2., (d), and (f),
28  the commission may not consider individual construction
29  projects, but shall consider methods of accomplishing the
30  goals of the department in the most effective, efficient, and
31  businesslike manner.
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                                        CS/HB 757, First Engrossed
  1         4.  Monitor the financial status of the department on a
  2  regular basis to assure that the department is managing
  3  revenue and bond proceeds responsibly and in accordance with
  4  law and established policy.
  5         5.  Monitor on at least a quarterly basis, the
  6  efficiency, productivity, and management of the department,
  7  using performance and production standards developed by the
  8  commission pursuant to s. 334.045.
  9         6.  Perform an in-depth evaluation of the factors
10  causing disruption of project schedules in the adopted work
11  program and recommend to the Legislature and the Governor
12  methods to eliminate or reduce the disruptive effects of these
13  factors.
14         7.  Recommend to the Governor and the Legislature
15  improvements to the department's organization in order to
16  streamline and optimize the efficiency of the department. In
17  reviewing the department's organization, the commission shall
18  determine if the current district organizational structure is
19  responsive to Florida's changing economic and demographic
20  development patterns. The initial report by the commission
21  must be delivered to the Governor and Legislature by December
22  15, 2000, and each year thereafter, as appropriate. The
23  commission may retain such experts as are reasonably necessary
24  to effectuate this subparagraph, and the department shall pay
25  the expenses of such experts.
26         (c)  The commission or a member thereof may not enter
27  into the day-to-day operation of the department and is
28  specifically prohibited from taking part in:
29         1.  The awarding of contracts.
30         2.  The selection of a consultant or contractor or the
31  prequalification of any individual consultant or contractor.
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                                        CS/HB 757, First Engrossed
  1  However, the commission may recommend to the secretary
  2  standards and policies governing the procedure for selection
  3  and prequalification of consultants and contractors.
  4         3.  The selection of a route for a specific project.
  5         4.  The specific location of a transportation facility.
  6         5.  The acquisition of rights-of-way.
  7         6.  The employment, promotion, demotion, suspension,
  8  transfer, or discharge of any department personnel.
  9         7.  The granting, denial, suspension, or revocation of
10  any license or permit issued by the department.
11         (d)1.  The chair of the commission shall be selected by
12  the commission members and shall serve a 1-year term.
13         2.  The commission shall hold a minimum of 4 regular
14  meetings annually, and other meetings may be called by the
15  chair upon giving at least 1 week's notice to all members and
16  the public pursuant to chapter 120. Other meetings may also be
17  held upon the written request of at least four other members
18  of the commission, with at least 1 week's notice of such
19  meeting being given to all members and the public by the chair
20  pursuant to chapter 120. Emergency meetings may be held
21  without notice upon the request of all members of the
22  commission. At each meeting of the commission, the secretary
23  or his or her designee shall submit a report of major actions
24  taken by him or her as official representative of the
25  department.
26         3.  A majority of the membership of the commission
27  constitutes a quorum at any meeting of the commission. An
28  action of the commission is not binding unless the action is
29  taken pursuant to an affirmative vote of a majority of the
30  members present, but not fewer than four members of the
31
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                                        CS/HB 757, First Engrossed
  1  commission at a meeting held pursuant to subparagraph 2., and
  2  the vote is recorded in the minutes of that meeting.
  3         4.  The chair shall cause to be made a complete record
  4  of the proceedings of the commission, which record shall be
  5  open for public inspection.
  6         (e)  The meetings of the commission shall be held in
  7  the central office of the department in Tallahassee unless the
  8  chair determines that special circumstances warrant meeting at
  9  another location.
10         (f)  Members of the commission are entitled to per diem
11  and travel expenses pursuant to s. 112.061.
12         (g)  A member of the commission may not have any
13  interest, direct or indirect, in any contract, franchise,
14  privilege, or other benefit granted or awarded by the
15  department during the term of his or her appointment and for 2
16  years after the termination of such appointment.
17         (h)  The commission shall appoint an executive director
18  and assistant executive director, who shall serve under the
19  direction, supervision, and control of the commission. The
20  executive director, with the consent of the commission, shall
21  employ such staff as are necessary to perform adequately the
22  functions of the commission, within budgetary limitations. All
23  employees of the commission are exempt from part II of chapter
24  110 and shall serve at the pleasure of the commission. The
25  salaries and benefits of all employees of the commission shall
26  be set in accordance with the Selected Exempt Service;
27  provided, however, that the commission shall have complete
28  authority for fixing the salary of the executive director and
29  assistant executive director.
30         (i)  The commission shall develop a budget pursuant to
31  chapter 216. The budget is not subject to change by the
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                                        CS/HB 757, First Engrossed
  1  department, but such budget shall be submitted to the Governor
  2  along with the budget of the department.
  3         (3)(a)  The central office shall establish departmental
  4  policies, rules, procedures, and standards and shall monitor
  5  the implementation of such policies, rules, procedures, and
  6  standards in order to ensure uniform compliance and quality
  7  performance by the districts and central office units that
  8  implement transportation programs. Major transportation policy
  9  initiatives or revisions shall be submitted to the commission
10  for review. The central office monitoring function shall be
11  based on a plan that clearly specifies what areas will be
12  monitored, activities and criteria used to measure compliance,
13  and a feedback process that assures monitoring findings are
14  reported and deficiencies corrected. The secretary is
15  responsible for ensuring that a central office monitoring
16  function is implemented, and that it functions properly. In
17  conjunction with its monitoring function, the central office
18  shall provide such training and administrative support to the
19  districts as the department determines to be necessary to
20  ensure that the department's programs are carried out in the
21  most efficient and effective manner.
22         (b)  The resources necessary to ensure the efficiency,
23  effectiveness, and quality of performance by the department of
24  its statutory responsibilities shall be allocated to the
25  central office.
26         (b)(c)  The secretary shall appoint an Assistant
27  Secretary for Transportation Policy and, an Assistant
28  Secretary for Finance and Administration, and an Assistant
29  Secretary for District Operations, each of whom shall serve at
30  the pleasure of the secretary. The positions are responsible
31  for developing, monitoring, and enforcing policy and managing
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                                        CS/HB 757, First Engrossed
  1  major technical programs. The responsibilities and duties of
  2  these positions include, but are not limited to, the following
  3  functional areas:
  4         1.  Assistant Secretary for Transportation Policy.--
  5         a.  Development of the Florida Transportation Plan and
  6  other policy planning;
  7         b.  Development of statewide modal systems plans,
  8  including public transportation systems;
  9         c.  Design of transportation facilities;
10         d.  Construction of transportation facilities;
11         e.  Acquisition and management of transportation
12  rights-of-way; and
13         f.  Administration of motor carrier compliance and
14  safety.
15         2.  Assistant Secretary for District Operations.--
16         a.  Administration of the eight districts; and
17         b.  Implementation of the decentralization of the
18  department.
19         3.  Assistant Secretary for Finance and
20  Administration.--
21         a.  Financial planning and management;
22         b.  Information systems;
23         c.  Accounting systems;
24         d.  Administrative functions; and
25         e.  Administration of toll operations.
26         (d)1.  Policy, program, or operations offices shall be
27  established within the central office for the purposes of:
28         a.  Developing policy and procedures and monitoring
29  performance to ensure compliance with these policies and
30  procedures;
31
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                                        CS/HB 757, First Engrossed
  1         b.  Performing statewide activities which it is more
  2  cost-effective to perform in a central location;
  3         c.  Assessing and ensuring the accuracy of information
  4  within the department's financial management information
  5  systems; and
  6         d.  Performing other activities of a statewide nature.
  7         (c)1.2.  The following offices are established and
  8  shall be headed by a manager, each of whom shall be appointed
  9  by and serve at the pleasure of the secretary. The positions
10  shall be classified at a level equal to a division director:
11         a.  The Office of Administration.;
12         b.  The Office of Policy Planning.;
13         c.  The Office of Design.;
14         d.  The Office of Highway Operations.;
15         e.  The Office of Right-of-Way.;
16         f.  The Office of Toll Operations.;
17         g.  The Office of Information Systems.; and
18         h.  The Office of Motor Carrier Compliance.
19         i.  The Office of Management and Budget.
20         j.  The Office of Comptroller.
21         2.3.  Other offices may be established in accordance
22  with s. 20.04(7). The heads of such offices are exempt from
23  part II of chapter 110. No office or organization shall be
24  created at a level equal to or higher than a division without
25  specific legislative authority.
26         3.4.  During the construction of a major transportation
27  improvement project or as determined by the district
28  secretary, the department may provide assistance to a business
29  entity significantly impacted by the project if the entity is
30  a for-profit entity that has been in business for 3 years
31  prior to the beginning of construction and has direct or
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                                        CS/HB 757, First Engrossed
  1  shared access to the transportation project being constructed.
  2  The assistance program shall be in the form of additional
  3  guarantees to assist the impacted business entity in receiving
  4  loans pursuant to Title 13 C.F.R. part 120. However, in no
  5  instance shall the combined guarantees be greater than 90
  6  percent of the loan. The department shall adopt rules to
  7  implement this subparagraph.
  8         (e)  The Assistant Secretary for Finance and
  9  Administration must possess a broad knowledge of the
10  administrative, financial, and technical aspects of a complete
11  cost-accounting system, budget preparation and management, and
12  management information systems. The Assistant Secretary for
13  Finance and Administration must be a proven, effective manager
14  with specialized skills in financial planning and management.
15  The Assistant Secretary for Finance and Administration shall
16  ensure that financial information is processed in a timely,
17  accurate, and complete manner.
18         (f)1.  Within the central office there is created an
19  Office of Management and Budget. The head of the Office of
20  Management and Budget is responsible to the Assistant
21  Secretary for Finance and Administration and is exempt from
22  part II of chapter 110.
23         2.  The functions of the Office of Management and
24  Budget include, but are not limited to:
25         a.  Preparation of the work program;
26         b.  Preparation of the departmental budget; and
27         c.  Coordination of related policies and procedures.
28         3.  The Office of Management and Budget shall also be
29  responsible for developing uniform implementation and
30  monitoring procedures for all activities performed at the
31  district level involving the budget and the work program.
                                  18
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                                        CS/HB 757, First Engrossed
  1         (d)(g)  The secretary shall may appoint an inspector
  2  general pursuant to s. 20.055 who shall be directly
  3  responsible to the secretary and shall serve at the pleasure
  4  of the secretary.
  5         (h)1.  The secretary shall appoint an inspector general
  6  pursuant to s. 20.055. The inspector general may be
  7  organizationally located within another unit of the department
  8  for administrative purposes, but shall function independently
  9  and be directly responsible to the secretary pursuant to s.
10  20.055. The duties of the inspector general shall include, but
11  are not restricted to, reviewing, evaluating, and reporting on
12  the policies, plans, procedures, and accounting, financial,
13  and other operations of the department and recommending
14  changes for the improvement thereof, as well as performing
15  audits of contracts and agreements between the department and
16  private entities or other governmental entities. The inspector
17  general shall give priority to reviewing major parts of the
18  department's accounting system and central office monitoring
19  function to determine whether such systems effectively ensure
20  accountability and compliance with all laws, rules, policies,
21  and procedures applicable to the operation of the department.
22  The inspector general shall also give priority to assessing
23  the department's management information systems as required by
24  s. 282.318. The internal audit function shall use the
25  necessary expertise, in particular, engineering, financial,
26  and property appraising expertise, to independently evaluate
27  the technical aspects of the department's operations. The
28  inspector general shall have access at all times to any
29  personnel, records, data, or other information of the
30  department and shall determine the methods and procedures
31  necessary to carry out his or her duties. The inspector
                                  19
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                                        CS/HB 757, First Engrossed
  1  general is responsible for audits of departmental operations
  2  and for audits of consultant contracts and agreements, and
  3  such audits shall be conducted in accordance with generally
  4  accepted governmental auditing standards. The inspector
  5  general shall annually perform a sufficient number of audits
  6  to determine the efficiency and effectiveness, as well as
  7  verify the accuracy of estimates and charges, of contracts
  8  executed by the department with private entities and other
  9  governmental entities. The inspector general has the sole
10  responsibility for the contents of his or her reports, and a
11  copy of each report containing his or her findings and
12  recommendations shall be furnished directly to the secretary
13  and the commission.
14         2.  In addition to the authority and responsibilities
15  herein provided, the inspector general is required to report
16  to the:
17         a.  Secretary whenever the inspector general makes a
18  preliminary determination that particularly serious or
19  flagrant problems, abuses, or deficiencies relating to the
20  administration of programs and operations of the department
21  have occurred. The secretary shall review and assess the
22  correctness of the preliminary determination by the inspector
23  general. If the preliminary determination is substantiated,
24  the secretary shall submit such report to the appropriate
25  committees of the Legislature within 7 calendar days, together
26  with a report by the secretary containing any comments deemed
27  appropriate. Nothing in this section shall be construed to
28  authorize the public disclosure of information which is
29  specifically prohibited from disclosure by any other provision
30  of law.
31
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                                        CS/HB 757, First Engrossed
  1         b.  Transportation Commission and the Legislature any
  2  actions by the secretary that prohibit the inspector general
  3  from initiating, carrying out, or completing any audit after
  4  the inspector general has decided to initiate, carry out, or
  5  complete such audit. The secretary shall, within 30 days after
  6  transmission of the report, set forth in a statement to the
  7  Transportation Commission and the Legislature the reasons for
  8  his or her actions.
  9         (i)1.  The secretary shall appoint a comptroller who is
10  responsible to the Assistant Secretary for Finance and
11  Administration. This position is exempt from part II of
12  chapter 110.
13         2.  The comptroller is the chief financial officer of
14  the department and must be a proven, effective administrator
15  who by a combination of education and experience clearly
16  possesses a broad knowledge of the administrative, financial,
17  and technical aspects of a complex cost-accounting system. The
18  comptroller must also have a working knowledge of generally
19  accepted accounting principles. At a minimum, the comptroller
20  must hold an active license to practice public accounting in
21  Florida pursuant to chapter 473 or an active license to
22  practice public accounting in any other state. In addition to
23  the requirements of the Florida Fiscal Accounting Management
24  Information System Act, the comptroller is responsible for the
25  development, maintenance, and modification of an accounting
26  system that will in a timely manner accurately reflect the
27  revenues and expenditures of the department and that includes
28  a cost-accounting system to properly identify, segregate,
29  allocate, and report department costs. The comptroller shall
30  supervise and direct preparation of a detailed 36-month
31  forecast of cash and expenditures and is responsible for
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                                        CS/HB 757, First Engrossed
  1  managing cash and determining cash requirements. The
  2  comptroller shall review all comparative cost studies that
  3  examine the cost-effectiveness and feasibility of contracting
  4  for services and operations performed by the department. The
  5  review must state that the study was prepared in accordance
  6  with generally accepted cost-accounting standards applied in a
  7  consistent manner using valid and accurate cost data.
  8         3.  The department shall by rule or internal management
  9  memoranda as required by chapter 120 provide for the
10  maintenance by the comptroller of financial records and
11  accounts of the department as will afford a full and complete
12  check against the improper payment of bills and provide a
13  system for the prompt payment of the just obligations of the
14  department, which records must at all times disclose:
15         a.  The several appropriations available for the use of
16  the department;
17         b.  The specific amounts of each such appropriation
18  budgeted by the department for each improvement or purpose;
19         c.  The apportionment or division of all such
20  appropriations among the several counties and districts, when
21  such apportionment or division is made;
22         d.  The amount or portion of each such apportionment
23  against general contractual and other liabilities then
24  created;
25         e.  The amount expended and still to be expended in
26  connection with each contractual and other obligation of the
27  department;
28         f.  The expense and operating costs of the various
29  activities of the department;
30         g.  The receipts accruing to the department and the
31  distribution thereof;
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                                        CS/HB 757, First Engrossed
  1         h.  The assets, investments, and liabilities of the
  2  department; and
  3         i.  The cash requirements of the department for a
  4  36-month period.
  5         4.  The comptroller shall maintain a separate account
  6  for each fund administered by the department.
  7         5.  The comptroller shall perform such other related
  8  duties as designated by the department.
  9         (e)(j)  The secretary shall appoint a general counsel
10  who shall be employed full time and shall be directly
11  responsible to the secretary and shall serve at the pleasure
12  of the secretary. The general counsel is responsible for all
13  legal matters of the department. The department may employ as
14  many attorneys as it deems necessary to advise and represent
15  the department in all transportation matters.
16         (f)(k)  The secretary shall appoint a state
17  transportation planner who shall report to the Assistant
18  Secretary for Transportation Policy. The state transportation
19  planner's responsibilities shall include, but are not limited
20  to, policy planning, systems planning, and transportation
21  statistics. This position shall be classified at a level equal
22  to a deputy assistant secretary.
23         (g)(l)  The secretary shall appoint a state highway
24  engineer who shall report to the Assistant Secretary for
25  Transportation Policy. The state highway engineer's
26  responsibilities shall include, but are not limited to,
27  design, construction, and maintenance of highway facilities;
28  acquisition and management of transportation rights-of-way;
29  traffic engineering; and materials testing. This position
30  shall be classified at a level equal to a deputy assistant
31  secretary.
                                  23
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                                        CS/HB 757, First Engrossed
  1         (h)(m)  The secretary shall appoint a state public
  2  transportation administrator who shall report to the Assistant
  3  Secretary for Transportation Policy. The state public
  4  transportation administrator's responsibilities shall include,
  5  but are not limited to, the administration of statewide
  6  transit, rail, intermodal development, and aviation programs.
  7  This position shall be classified at a level equal to a deputy
  8  assistant secretary. The department shall also assign to the
  9  public transportation administrator an organizational unit the
10  primary function of which is to administer the high-speed rail
11  program.
12         (6)  To facilitate the efficient and effective
13  management of the department in a businesslike manner, the
14  department shall develop a system for the submission of
15  monthly management reports to the Florida Transportation
16  Commission and secretary from the district secretaries. The
17  commission and the secretary shall determine which reports are
18  required to fulfill their respective responsibilities under
19  this section. A copy of each such report shall be submitted
20  monthly to the appropriations and transportation committees of
21  the Senate and the House of Representatives. Recommendations
22  made by the Auditor General in his or her audits of the
23  department that relate to management practices, systems, or
24  reports shall be implemented in a timely manner. However, if
25  the department determines that one or more of the
26  recommendations should be altered or should not be
27  implemented, it shall provide a written explanation of such
28  determination to the Legislative Auditing Committee within 6
29  months after the date the recommendations were published.
30
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                                        CS/HB 757, First Engrossed
  1         (6)(7)  The department is authorized to contract with
  2  local governmental entities and with the private sector if the
  3  department first determines that:
  4         (a)  Consultants can do the work at less cost than
  5  state employees;
  6         (b)  State employees can do the work at less cost, but
  7  sufficient positions have not been approved by the Legislature
  8  as requested in the department's most recent legislative
  9  budget request;
10         (c)  The work requires specialized expertise, and it
11  would not be economical for the state to acquire, and then
12  maintain, the expertise after the work is done;
13         (d)  The workload is at a peak level, and it would not
14  be economical to acquire, and then keep, extra personnel after
15  the workload decreases; or
16         (e)  The use of such entities is clearly in the
17  public's best interest.
18
19  Such contracts shall require compliance with applicable
20  federal and state laws, and clearly specify the product or
21  service to be provided.
22         Section 2.  Section 59 of chapter 99-385, Laws of
23  Florida, is repealed.
24         Section 3.  Paragraph (b) of subsection (3) of section
25  73.071, Florida Statutes, is amended to read:
26         73.071  Jury trial; compensation; severance damages;
27  business damages.--
28         (3)  The jury shall determine solely the amount of
29  compensation to be paid, which compensation shall include:
30         (b)  Where less than the entire property is sought to
31  be appropriated, any damages to the remainder caused by the
                                  25
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                                        CS/HB 757, First Engrossed
  1  taking, including, when the action is by the Department of
  2  Transportation, county, municipality, board, district or other
  3  public body for the condemnation of a right-of-way, and the
  4  effect of the taking of the property involved may damage or
  5  destroy an established business of more than 4 years' standing
  6  before January 1, 2005, or the effect of the taking of the
  7  property involved may damage or destroy an established
  8  business of more than 5 years' standing on or after January 1,
  9  2005, owned by the party whose lands are being so taken,
10  located upon adjoining lands owned or held by such party, the
11  probable damages to such business which the denial of the use
12  of the property so taken may reasonably cause; any person
13  claiming the right to recover such special damages shall set
14  forth in his or her written defenses the nature and extent of
15  such damages; and
16         Section 4.  Paragraphs (j) and (m) of subsection (2) of
17  section 110.205, Florida Statutes, are amended to read:
18         110.205  Career service; exemptions.--
19         (2)  EXEMPT POSITIONS.--The exempt positions that are
20  not covered by this part include the following:
21         (j)  The appointed secretaries, assistant secretaries,
22  deputy secretaries, and deputy assistant secretaries of all
23  departments; the executive directors, assistant executive
24  directors, deputy executive directors, and deputy assistant
25  executive directors of all departments; and the directors of
26  all divisions and those positions determined by the department
27  to have managerial responsibilities comparable to such
28  positions, which positions include, but are not limited to,
29  program directors, assistant program directors, district
30  administrators, deputy district administrators, the Director
31  of Central Operations Services of the Department of Children
                                  26
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                                        CS/HB 757, First Engrossed
  1  and Family Services, and the State Transportation Planner,
  2  State Highway Engineer, State Public Transportation
  3  Administrator, district secretaries, district directors of
  4  planning and programming, production, and operations, and the
  5  managers of the offices specified in s. 20.23(3)(c)1.(d)2., of
  6  the Department of Transportation. Unless otherwise fixed by
  7  law, the department shall set the salary and benefits of these
  8  positions in accordance with the rules of the Senior
  9  Management Service.
10         (m)  All assistant division director, deputy division
11  director, and bureau chief positions in any department, and
12  those positions determined by the department to have
13  managerial responsibilities comparable to such positions,
14  which positions include, but are not limited to, positions in
15  the Department of Health, the Department of Children and
16  Family Services, and the Department of Corrections that are
17  assigned primary duties of serving as the superintendent or
18  assistant superintendent, or warden or assistant warden, of an
19  institution; positions in the Department of Corrections that
20  are assigned primary duties of serving as the circuit
21  administrator or deputy circuit administrator; positions in
22  the Department of Transportation that are assigned primary
23  duties of serving as regional toll managers and managers of
24  offices as defined in s. 20.23(3)(c)2.(d)3. and (4)(d);
25  positions in the Department of Environmental Protection that
26  are assigned the duty of an Environmental Administrator or
27  program administrator; those positions described in s. 20.171
28  as included in the Senior Management Service; and positions in
29  the Department of Health that are assigned the duties of
30  Environmental Administrator, Assistant County Health
31  Department Director, and County Health Department Financial
                                  27
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                                        CS/HB 757, First Engrossed
  1  Administrator. Unless otherwise fixed by law, the department
  2  shall set the salary and benefits of these positions in
  3  accordance with the rules established for the Selected Exempt
  4  Service.
  5         Section 5.  Subsection (1) of section 120.52, Florida
  6  Statutes, is amended to read:
  7         120.52  Definitions.--As used in this act:
  8         (1)  "Agency" means:
  9         (a)  The Governor in the exercise of all executive
10  powers other than those derived from the constitution.
11         (b)  Each:
12         1.  State officer and state department, and each
13  departmental unit described in s. 20.04.
14         2.  Authority, including a regional water supply
15  authority.
16         3.  Board.
17         4.  Commission, including the Commission on Ethics and
18  the Fish and Wildlife Conservation Commission when acting
19  pursuant to statutory authority derived from the Legislature.
20         5.  Regional planning agency.
21         6.  Multicounty special district with a majority of its
22  governing board comprised of nonelected persons.
23         7.  Educational units.
24         8.  Entity described in chapters 163, 373, 380, and 582
25  and s. 186.504.
26         (c)  Each other unit of government in the state,
27  including counties and municipalities, to the extent they are
28  expressly made subject to this act by general or special law
29  or existing judicial decisions.
30
31
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                                        CS/HB 757, First Engrossed
  1  This definition does not include any legal entity or agency
  2  created in whole or in part pursuant to chapter 361, part II,
  3  a metropolitan planning organization created pursuant to s.
  4  339.175, an expressway authority pursuant to chapter 348, any
  5  legal or administrative entity created by an interlocal
  6  agreement pursuant to s. 163.01(7), unless any party to such
  7  agreement is otherwise an agency as defined in this
  8  subsection, or any multicounty special district with a
  9  majority of its governing board comprised of elected persons;
10  however, this definition shall include a regional water supply
11  authority.
12         Section 6.  Paragraph (k) is added to subsection (6) of
13  section 163.3177, Florida Statutes, to read:
14         163.3177  Required and optional elements of
15  comprehensive plan; studies and surveys.--
16         (6)  In addition to the requirements of subsections
17  (1)-(5), the comprehensive plan shall include the following
18  elements:
19         (k)  An airport master plan, and any subsequent
20  amendments to the airport master plan, prepared by a licensed
21  publicly owned and operated airport under s. 333.06 may be
22  incorporated into the local government comprehensive plan by
23  the local government having jurisdiction under this act for
24  the area in which the airport or projected airport development
25  is located by the adoption of a comprehensive plan amendment.
26  In the amendment to the local comprehensive plan that
27  integrates the airport master plan, the comprehensive plan
28  amendment shall address land use compatibility consistent with
29  chapter 333 regarding airport zoning; the provision of
30  regional transportation facilities for the efficient use and
31  operation of the transportation system and airport;
                                  29
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                                        CS/HB 757, First Engrossed
  1  consistency with the local government transportation
  2  circulation element and applicable metropolitan planning
  3  organization long-range transportation plans; and the
  4  execution of any necessary interlocal agreements for the
  5  purposes of the provision of public facilities and services to
  6  maintain the adopted level of service standards for facilities
  7  subject to concurrency; and may address airport-related or
  8  aviation-related development. Development or expansion of an
  9  airport consistent with the adopted airport master plan that
10  has been incorporated into the local comprehensive plan in
11  compliance with this part, and airport-related or
12  aviation-related development that has been addressed in the
13  comprehensive plan amendment that incorporates the airport
14  master plan, shall not be a development of regional impact.
15         Section 7.  Section 189.441, Florida Statutes, is
16  amended to read:
17         189.441  Contracts.--Contracts for the construction of
18  projects and for any other purpose of the authority may be
19  awarded by the authority in a manner that will best promote
20  free and open competition, including advertisement for
21  competitive bids; however, if the authority determines that
22  the purposes of this act will be more effectively served
23  thereby, the authority may award or cause to be awarded
24  contracts for the construction of any project, including
25  design-build contracts, or any part thereof, or for any other
26  purpose of the authority upon a negotiated basis as determined
27  by the authority. Each contractor doing business with the
28  authority and required to be licensed by the state or local
29  general-purpose governments must maintain the license during
30  the term of the contract with the authority. The authority may
31  prescribe bid security requirements and other procedures in
                                  30
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                                        CS/HB 757, First Engrossed
  1  connection with the award of contracts which protect the
  2  public interest. Section 287.055 does not apply to the
  3  selection of professional architectural, engineering,
  4  landscape architectural, or land surveying services by the
  5  authority or to the procurement of design-build contracts. The
  6  authority may, and in the case of a new professional sports
  7  franchise must, by written contract engage the services of the
  8  operator, lessee, sublessee, or purchaser, or prospective
  9  operator, lessee, sublessee, or purchaser, of any project in
10  the construction of the project and may, and in the case of a
11  new professional sports franchise must, provide in the
12  contract that the lessee, sublessee, purchaser, or prospective
13  lessee, sublessee, or purchaser, may act as an agent of, or an
14  independent contractor for, the authority for the performance
15  of the functions described therein, subject to the conditions
16  and requirements prescribed in the contract, including
17  functions such as the acquisition of the site and other real
18  property for the project; the preparation of plans,
19  specifications, financing, and contract documents; the award
20  of construction and other contracts upon a competitive or
21  negotiated basis; the construction of the project, or any part
22  thereof, directly by the lessee, purchaser, or prospective
23  lessee or purchaser; the inspection and supervision of
24  construction; the employment of engineers, architects,
25  builders, and other contractors; and the provision of money to
26  pay the cost thereof pending reimbursement by the authority.
27  Any such contract may, and in the case of a new professional
28  sports franchise must, allow the authority to make advances to
29  or reimburse the lessee, sublessee, or purchaser, or
30  prospective lessee, sublessee, or purchaser for its costs
31  incurred in the performance of those functions, and must set
                                  31
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                                        CS/HB 757, First Engrossed
  1  forth the supporting documents required to be submitted to the
  2  authority and the reviews, examinations, and audits that are
  3  required in connection therewith to assure compliance with the
  4  contract.
  5         Section 8.  Subsection (2) of section 215.615, Florida
  6  Statutes, is amended to read:
  7         215.615  Fixed-guideway transportation systems
  8  funding.--
  9         (2)  To be eligible for participation, fixed-guideway
10  transportation system projects must comply with the major
11  capital investment policy guidelines and criteria established
12  by the Department of Transportation under chapter 341; must be
13  found to be consistent, to the maximum extent feasible, with
14  approved local government comprehensive plans of the local
15  governments in which such projects are located; and must be
16  included in the work program of the Department of
17  Transportation pursuant to the provisions under s. 339.135.
18  The department shall certify that the expected useful life of
19  the transportation improvements will equal or exceed the
20  maturity date of the debt to be issued.
21         Section 9.  Paragraph (a) of subsection (1) of section
22  255.20, Florida Statutes, is amended to read:
23         255.20  Local bids and contracts for public
24  construction works; specification of state-produced lumber.--
25         (1)  A county, municipality, special district as
26  defined in chapter 189, or other political subdivision of the
27  state seeking to construct or improve a public building,
28  structure, or other public construction works must
29  competitively award to an appropriately licensed contractor
30  each project that is estimated in accordance with generally
31  accepted cost-accounting principles to have total construction
                                  32
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                                        CS/HB 757, First Engrossed
  1  project costs of more than $200,000. For electrical work,
  2  local government must competitively award to an appropriately
  3  licensed contractor each project that is estimated in
  4  accordance with generally accepted cost-accounting principles
  5  to have a cost of more than $50,000. As used in this section,
  6  the term "competitively award" means to award contracts based
  7  on the submission of sealed bids, proposals submitted in
  8  response to a request for proposal, proposals submitted in
  9  response to a request for qualifications, or proposals
10  submitted for competitive negotiation. This subsection
11  expressly allows contracts for construction management
12  services, design/build contracts, continuation contracts based
13  on unit prices, and any other contract arrangement with a
14  private sector contractor permitted by any applicable
15  municipal or county ordinance, by district resolution, or by
16  state law. For purposes of this section, construction costs
17  include the cost of all labor, except inmate labor, and
18  include the cost of equipment and materials to be used in the
19  construction of the project. Subject to the provisions of
20  subsection (3), the county, municipality, special district, or
21  other political subdivision may establish, by municipal or
22  county ordinance or special district resolution, procedures
23  for conducting the bidding process.
24         (a)  The provisions of this subsection do not apply:
25         1.  When the project is undertaken to replace,
26  reconstruct, or repair an existing facility damaged or
27  destroyed by a sudden unexpected turn of events, such as an
28  act of God, riot, fire, flood, accident, or other urgent
29  circumstances, and such damage or destruction creates:
30         a.  An immediate danger to the public health or safety;
31
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                                        CS/HB 757, First Engrossed
  1         b.  Other loss to public or private property which
  2  requires emergency government action; or
  3         c.  An interruption of an essential governmental
  4  service.
  5         2.  When, after notice by publication in accordance
  6  with the applicable ordinance or resolution, the governmental
  7  entity does not receive any responsive bids or responses.
  8         3.  To construction, remodeling, repair, or improvement
  9  to a public electric or gas utility system when such work on
10  the public utility system is performed by personnel of the
11  system.
12         4.  To construction, remodeling, repair, or improvement
13  by a utility commission whose major contracts are to construct
14  and operate a public electric utility system.
15         5.  When the project is undertaken as repair or
16  maintenance of an existing public facility.
17         6.  When the project is undertaken exclusively as part
18  of a public educational program.
19         7.  When the funding source of the project will be
20  diminished or lost because the time required to competitively
21  award the project after the funds become available exceeds the
22  time within which the funding source must be spent.
23         8.  When the local government has competitively awarded
24  a project to a private sector contractor and the contractor
25  has abandoned the project before completion or the local
26  government has terminated the contract.
27         9.  When the governing board of the local government,
28  after public notice, conducts a public meeting under s.
29  286.011 and finds by a majority vote of the governing board
30  that it is in the public's best interest to perform the
31  project using its own services, employees, and equipment. The
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                                        CS/HB 757, First Engrossed
  1  public notice must be published at least 14 days prior to the
  2  date of the public meeting at which the governing board takes
  3  final action to apply this subparagraph. The notice must
  4  identify the project, the estimated cost of the project, and
  5  specify that the purpose for the public meeting is to consider
  6  whether it is in the public's best interest to perform the
  7  project using the local government's own services, employees,
  8  and equipment. In deciding whether it is in the public's best
  9  interest for local government to perform a project using its
10  own services, employees, and equipment, the governing board
11  may consider the cost of the project, whether the project
12  requires an increase in the number of government employees, an
13  increase in capital expenditures for public facilities,
14  equipment or other capital assets, the impact on local
15  economic development, the impact on small and minority
16  business owners, the impact on state and local tax revenues,
17  whether the private sector contractors provide health
18  insurance and other benefits equivalent to those provided by
19  the local government, and any other factor relevant to what is
20  in the public's best interest.
21         10.  When the governing board of the local government
22  determines upon consideration of specific substantive criteria
23  and administrative procedures that it is in the best interest
24  of the local government to award the project to an
25  appropriately licensed private sector contractor according to
26  procedures established by and expressly set forth in a
27  charter, ordinance, or resolution of the local government
28  adopted prior to July 1, 1994. The criteria and procedures
29  must be set out in the charter, ordinance, or resolution and
30  must be applied uniformly by the local government to avoid
31
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                                        CS/HB 757, First Engrossed
  1  award of any project in an arbitrary or capricious manner.
  2  This exception shall apply when all of the following occur:
  3         a.  When the governing board of the local government,
  4  after public notice, conducts a public meeting under s.
  5  286.011 and finds by a two-thirds vote of the governing board
  6  that it is in the public's best interest to award the project
  7  according to the criteria and procedures established by
  8  charter, ordinance, or resolution. The public notice must be
  9  published at least 14 days prior to the date of the public
10  meeting at which the governing board takes final action to
11  apply this subparagraph. The notice must identify the project,
12  the estimated cost of the project, and specify that the
13  purpose for the public meeting is to consider whether it is in
14  the public's best interest to award the project using the
15  criteria and procedures permitted by the preexisting
16  ordinance.
17         b.  In the event the project is to be awarded by any
18  method other than a competitive selection process, the
19  governing board must find evidence that:
20         (I)  There is one appropriately licensed contractor who
21  is uniquely qualified to undertake the project because that
22  contractor is currently under contract to perform work that is
23  affiliated with the project; or
24         (II)  The time to competitively award the project will
25  jeopardize the funding for the project, or will materially
26  increase the cost of the project or will create an undue
27  hardship on the public health, safety, or welfare.
28         c.  In the event the project is to be awarded by any
29  method other than a competitive selection process, the
30  published notice must clearly specify the ordinance or
31
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                                        CS/HB 757, First Engrossed
  1  resolution by which the private sector contractor will be
  2  selected and the criteria to be considered.
  3         d.  In the event the project is to be awarded by a
  4  method other than a competitive selection process, the
  5  architect or engineer of record has provided a written
  6  recommendation that the project be awarded to the private
  7  sector contractor without competitive selection; and the
  8  consideration by, and the justification of, the government
  9  body are documented, in writing, in the project file and are
10  presented to the governing board prior to the approval
11  required in this paragraph.
12         11.  To projects subject to chapter 336.
13         Section 10.  Paragraph (g) of subsection (2) of section
14  287.055, Florida Statutes, is amended to read:
15         287.055  Acquisition of professional architectural,
16  engineering, landscape architectural, or surveying and mapping
17  services; definitions; procedures; contingent fees prohibited;
18  penalties.--
19         (2)  DEFINITIONS.--For purposes of this section:
20         (g)  A "continuing contract" is a contract for
21  professional services entered into in accordance with all the
22  procedures of this act between an agency and a firm whereby
23  the firm provides professional services to the agency for
24  projects in which construction costs do not exceed $1 million
25  $500,000, for study activity when the fee for such
26  professional service does not exceed $50,000 $25,000, or for
27  work of a specified nature as outlined in the contract
28  required by the agency, with no time limitation except that
29  the contract must provide a termination clause.
30         Section 11.  Subsection (12) of section 311.09, Florida
31  Statutes, is amended to read:
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                                        CS/HB 757, First Engrossed
  1         311.09  Florida Seaport Transportation and Economic
  2  Development Council.--
  3         (12)  Members of the council shall serve without
  4  compensation but are entitled to receive reimbursement for per
  5  diem and travel expenses as provided in s. 112.061.  The
  6  council may elect to provide an administrative staff to
  7  provide services to the council on matters relating to the
  8  Florida Seaport Transportation and Economic Development
  9  Program and the council.  The cost for such administrative
10  services shall be paid by all ports that receive funding from
11  the Florida Seaport Transportation and Economic Development
12  Program, based upon a pro rata formula measured by each
13  recipient's share of the funds as compared to the total funds
14  disbursed to all recipients during the year. The share of
15  costs for administrative services shall be paid in its total
16  amount by the recipient port upon execution by the port and
17  the Department of Transportation of a joint participation
18  agreement for each council-approved project, and such payment
19  is in addition to the matching funds required to be paid by
20  the recipient port. Except as otherwise exempted by law, all
21  moneys derived from the Florida Seaport Transportation and
22  Economic Development Program shall be expended in accordance
23  with the provisions of s. 287.057. Seaports subject to
24  competitive negotiation requirements of a local governing body
25  shall abide by the provisions of s. 287.055 be exempt from
26  this requirement.
27         Section 12.  Subsections (4) and (6) of section 315.02,
28  Florida Statutes, are amended to read:
29         315.02  Definitions.--As used in this law, the
30  following words and terms shall have the following meanings:
31
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                                        CS/HB 757, First Engrossed
  1         (4)  The word "unit" shall mean any county, port
  2  district, port authority, or municipality or any governmental
  3  unit created pursuant to s. 163.01(7)(d) that includes at
  4  least one deepwater port as listed in s. 403.021(9)(b).
  5         (6)  The term "port facilities" shall mean and shall
  6  include harbor, shipping, and port facilities, and
  7  improvements of every kind, nature, and description,
  8  including, but without limitation, channels, turning basins,
  9  jetties, breakwaters, public landings, wharves, docks,
10  markets, parks, recreational facilities, structures,
11  buildings, piers, storage facilities, including facilities
12  that may be used for warehouse, storage, and distribution of
13  cargo transported or to be transported through an airport or
14  port facility, security measures identified pursuant to s.
15  311.12, public buildings and plazas, anchorages, utilities,
16  bridges, tunnels, roads, causeways, and any and all property
17  and facilities necessary or useful in connection with the
18  foregoing, and any one or more or any combination thereof and
19  any extension, addition, betterment, or improvement of any
20  thereof.
21         Section 13.  Subsection (11) of section 315.03, Florida
22  Statutes, is amended, subsections (12) through (21) of said
23  section are renumbered as subsections (13) through (22),
24  respectively, and a new subsection (12) is added to said
25  section, to read:
26         315.03  Grant of powers.--Each unit is hereby
27  authorized and empowered:
28         (11)  To accept loans or grants of money or materials
29  or property at any time from the United States or the State of
30  Florida or any agency, instrumentality, or subdivision
31  thereof, or to participate in loan guarantees or lines of
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                                        CS/HB 757, First Engrossed
  1  credit provided by the United States, upon such terms and
  2  conditions as the United States, the State of Florida, or such
  3  agency, instrumentality, or subdivision may impose. Any entity
  4  created pursuant to s. 163.01(7)(d) that involves at least one
  5  deepwater port may participate in the provisions of this
  6  subsection, with oversight by the Florida Seaport
  7  Transportation and Economic Development Council.
  8         (12)(a)  To pay interest or other financing-related
  9  costs on federal loan guarantees, lines of credit, or secured
10  direct loans issued to finance eligible projects.  Any entity
11  created pursuant to s. 163.01(7)(d) that involves at least one
12  deepwater port may participate in the provisions of this
13  subsection, with oversight by the Florida Seaport
14  Transportation and Economic Development Council, and may
15  establish a loan program that would provide for the reuse of
16  loan proceeds for similar program purposes.
17         (b)  The Florida Seaport Transportation and Economic
18  Development Council shall prepare an annual report detailing
19  the amounts loaned, the projects financed by the loans, any
20  interest earned, and loans outstanding. The report shall be
21  submitted to the Governor, the President of the Senate, and
22  the Speaker of the House of Representatives by January 1 of
23  each year, beginning in 2004.
24         (c)  The Legislature shall review the loan program
25  established pursuant to this subsection during the 2004
26  Regular Session of the Legislature.
27         Section 14.  Subsection (21) of section 316.003,
28  Florida Statutes, is amended, and subsections (82) and (83)
29  are added to said section, to read:
30         316.003  Definitions.--The following words and phrases,
31  when used in this chapter, shall have the meanings
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                                        CS/HB 757, First Engrossed
  1  respectively ascribed to them in this section, except where
  2  the context otherwise requires:
  3         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not
  4  operated upon rails or guideway, but not including any
  5  bicycle, motorized scooter, electric personal assistive
  6  mobility device, or moped.
  7         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat
  8  or saddle for the use of the rider, designed to travel on not
  9  more than three wheels, and not capable of propelling the
10  vehicle at a speed greater than 30 miles per hour on level
11  ground.
12         (83)  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any
13  self-balancing, two-nontandem-wheeled device, designed to
14  transport only one person, with an electric propulsion system
15  with average power of 750 watts (1 horsepower), the maximum
16  speed of which, on a paved level surface when powered solely
17  by such a propulsion system while being ridden by an operator
18  who weighs 170 pounds, is less than 20 miles per hour.
19  Electric personal assistive mobility devices are not vehicles
20  as defined in this section.
21         Section 15.  Section 316.2068, Florida Statutes, is
22  created to read:
23         316.2068  Electric personal assistive mobility devices;
24  regulations.--
25         (1)  An electric personal assistive mobility device, as
26  defined in s. 316.003, may be operated:
27         (a)  On a road or street where the posted speed limit
28  is 25 miles per hour or less.
29         (b)  On a marked bicycle path.
30         (c)  On any street or road where bicycles are
31  permitted.
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                                        CS/HB 757, First Engrossed
  1         (d)  At an intersection, to cross a road or street even
  2  if the road or street has a posted speed limit of more than 25
  3  miles per hour.
  4         (e)  On a sidewalk, if the person operating the device
  5  yields the right-of-way to pedestrians and gives an audible
  6  signal before overtaking and passing a pedestrian.
  7         (2)  A valid driver's license is not a prerequisite to
  8  operating an electric personal assistive mobility device.
  9         (3)  Electric personal assistive mobility devices need
10  not be registered and insured in accordance with s. 320.02.
11         (4)  A person who is under the age of 16 years may not
12  operate, ride, or otherwise be propelled on an electric
13  personal assistive mobility device unless the person wears a
14  bicycle helmet that is properly fitted, that is fastened
15  securely upon his or her head by a strap, and that meets the
16  standards of the American National Standards Institute (ANSI Z
17  Bicycle Helmet Standards), the standards of the Snell Memorial
18  Foundation (1984 Standard for Protective Headgear for Use in
19  Bicycling), or any other nationally recognized standards for
20  bicycle helmets which are adopted by the department.
21         (5)  A county or municipality may prohibit the
22  operation of electric personal assistive mobility devices on
23  any road, street, or bicycle path under its jurisdiction if
24  the governing body of the county or municipality determines
25  that such a prohibition is necessary in the interest of
26  safety.
27         (6)  The Department of Transportation may prohibit the
28  operation of electric personal assistive mobility devices on
29  any road under its jurisdiction if it determines that such a
30  prohibition is necessary in the interest of safety.
31
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                                        CS/HB 757, First Engrossed
  1         Section 16.  Subsection (5) of section 316.515, Florida
  2  Statutes, is amended to read:
  3         316.515  Maximum width, height, length.--
  4         (5)  IMPLEMENTS OF HUSBANDRY, AGRICULTURAL TRAILERS,
  5  SAFETY REQUIREMENTS.--Notwithstanding any other provisions of
  6  law, straight trucks and cotton module movers, not exceeding
  7  50 feet in length, or any combination of up to and including
  8  three implements of husbandry including the towing power unit,
  9  and any single agricultural trailer, with a load thereon not
10  exceeding 130 inches in width, is authorized for the purpose
11  of transporting peanuts, grains, soybeans, cotton, hay, straw,
12  or other perishable farm products from their point of
13  production to the first point of change of custody or of
14  long-term storage, and for the purpose of returning to such
15  point of production, by a person engaged in the production of
16  any such product or custom hauler, if such vehicle or
17  combination of vehicles otherwise complies with this section.
18  Such vehicles shall be operated in accordance with all safety
19  requirements prescribed by law and Department of
20  Transportation rules. The Department of Transportation may
21  issue overlength permits for cotton module movers greater than
22  50 feet but not more than 55 feet in overall length.
23         Section 17.  Subsection (4) is added to section
24  316.520, Florida Statutes, to read:
25         316.520  Loads on vehicles.--
26         (4)  The provision of subsection (2) requiring covering
27  and securing the load with a close-fitting tarpaulin or other
28  appropriate cover does not apply to vehicles carrying
29  agricultural products locally from a harvest site or to or
30  from a farm on roads where the posted speed limit is 65 miles
31
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                                        CS/HB 757, First Engrossed
  1  per hour or less and the distance driven on public roads is
  2  less than 20 miles.
  3         Section 18.  Section 316.80, Florida Statutes, is
  4  created to read:
  5         316.80  Unlawful conveyance of fuel; obtaining fuel
  6  fraudulently.--
  7         (1)  It is unlawful for any person to maintain, or
  8  possess any conveyance or vehicle that is equipped with, fuel
  9  tanks, bladders, drums, or other containers that do not
10  conform to 49 C.F.R. or have not been approved by the United
11  States Department of Transportation for the purpose of
12  hauling, transporting, or conveying motor or diesel fuel over
13  any public highway. Any person who violates any provision of
14  this subsection commits a felony of the third degree,
15  punishable as provided in s. 775.082, s. 775.083, or s.
16  775.084, and, in addition, is subject to the revocation of
17  driver license privileges as provided in s. 322.26.
18         (2)  Any person who violates subsection (1) commits a
19  felony of the second degree, punishable as provided in s.
20  775.082, s. 775.083, or s. 775.084, if he or she has attempted
21  to or has fraudulently obtained motor or diesel fuel by:
22         (a)  Presenting a credit card or a credit card account
23  number in violation of ss. 817.57-817.685;
24         (b)  Using unauthorized access to any computer network
25  in violation of s. 815.06; or
26         (c)  Using a fraudulently scanned or lost or stolen
27  payment access device, whether credit card or contactless
28  device.
29         (3)  All conveyances or vehicles, fuel tanks, related
30  fuel, and other equipment described in subsection (1) shall be
31
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                                        CS/HB 757, First Engrossed
  1  subject to seizure and forfeiture as provided by the Florida
  2  Contraband Forfeiture Act.
  3         (4)  The law enforcement agency that seizes the motor
  4  or diesel fuel under this section shall remove and reclaim,
  5  recycle, or dispose of all associated motor or diesel fuel as
  6  soon as practicable in a safe and proper manner from the
  7  illegal containers.
  8         (5)  Upon conviction of the person arrested for the
  9  violation of any of the provisions of this section, the judge
10  shall issue an order adjudging and declaring that all fuel
11  tanks and other equipment used in violation of this section
12  shall be forfeited and directing their destruction, with the
13  exception of the conveyance or vehicle.
14         (6)  Any person convicted of a violation of this
15  section shall be responsible for:
16         (a)  All reasonable costs incurred by the investigating
17  law enforcement agency, including costs for the towing and
18  storage of the conveyance or vehicle, the removal and disposal
19  of the motor or diesel fuel, and the storage and destruction
20  of all fuel tanks and other equipment described and used in
21  violation of subsection (1); and
22         (b)  Payment for the fuel to the party from whom any
23  associated motor or diesel fuel was fraudulently obtained.
24         Section 19.  Paragraphs (hh) and (ii) are added to
25  subsection (4) of section 320.08056, Florida Statutes, as
26  amended by section 1 of chapter 2001-355, Laws of Florida, to
27  read:
28         320.08056  Specialty license plates.--
29         (4)  The following license plate annual use fees shall
30  be collected for the appropriate specialty license plates:
31         (hh)  Florida Firefighters license plate, $20.
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                                        CS/HB 757, First Engrossed
  1         (ii)  Police Benevolent Association license plate, $20.
  2         Section 20.  Subsections (34) and (35) are added to
  3  section 320.08058, Florida Statutes, as amended by section 2
  4  of chapter 2001-355, Laws of Florida, to read:
  5         320.08058  Specialty license plates.--
  6         (34)  FLORIDA FIREFIGHTERS LICENSE PLATE.--
  7         (a)  Notwithstanding the provisions of s. 320.08053,
  8  the department shall develop a Florida Firefighters license
  9  plate as provided in this section. Florida Firefighters
10  license plates must bear the colors and design approved by the
11  department. The word "Florida" must appear at the top of the
12  plate, and the words "Salutes Firefighters" must appear at the
13  bottom of the plate.
14         (b)  The requirements of s. 320.08053 must be met prior
15  to the issuance of the plate. Thereafter, the proceeds of the
16  annual use fee shall be distributed to Florida Firefighters
17  Charities, a 501(c)(3) nonprofit corporation. Florida
18  Firefighters Charities shall distribute the moneys according
19  to its articles of incorporation.
20         (35)  POLICE BENEVOLENT ASSOCIATION LICENSE PLATE.--
21         (a)  Notwithstanding the provisions of s. 320.08053,
22  the department shall develop a Police Benevolent Association
23  license plate as provided in this section. The word "Florida"
24  must appear at the top of the plate, the words "Support Law
25  Enforcement" must appear at the bottom of the plate, and a
26  shield with the Police Benevolent Association logo must appear
27  to the left of the numerals.
28         (b)  The requirements of s. 320.08053 must be met prior
29  to the issuance of the plate. Thereafter, the proceeds of the
30  annual use fee shall be distributed to the Florida Police
31  Benevolent Association Heart Fund, Incorporated, a 501(c)(3)
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                                        CS/HB 757, First Engrossed
  1  nonprofit corporation. The Florida Police Benevolent
  2  Association Heart Fund, Incorporated, shall distribute moneys
  3  according to its articles of incorporation.
  4         Section 21.  Subsection (4) of section 332.004, Florida
  5  Statutes, is amended to read:
  6         332.004  Definitions of terms used in ss.
  7  332.003-332.007.--As used in ss. 332.003-332.007, the term:
  8         (4)  "Airport or aviation development project" or
  9  "development project" means any activity associated with the
10  design, construction, purchase, improvement, or repair of a
11  public-use airport or portion thereof, including, but not
12  limited to: the purchase of equipment; the acquisition of
13  land, including land required as a condition of a federal,
14  state, or local permit or agreement for environmental
15  mitigation; off-airport noise mitigation projects; the
16  removal, lowering, relocation, marking, and lighting of
17  airport hazards; the installation of navigation aids used by
18  aircraft in landing at or taking off from a public airport;
19  the installation of safety equipment required by rule or
20  regulation for certification of the airport under s. 612 of
21  the Federal Aviation Act of 1958, and amendments thereto; and
22  the improvement of access to the airport by road or rail
23  system which is on airport property and which is consistent,
24  to the maximum extent feasible, with the approved local
25  government comprehensive plan of the units of local government
26  in which the airport is located.
27         Section 22.  Subsection (8) of section 332.007, Florida
28  Statutes, as created by chapter 2001-349, Laws of Florida, is
29  amended, and subsection (9) is added to said section, to read:
30         332.007  Administration and financing of aviation and
31  airport programs and projects; state plan.--
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                                        CS/HB 757, First Engrossed
  1         (8)  Notwithstanding any other provision of law to the
  2  contrary, the department is authorized to provide operational
  3  and maintenance assistance to publicly owned public-use
  4  airports. Such assistance shall be to comply with enhanced
  5  federal security requirements or to address related economic
  6  impacts from the events of September 11, 2001. For projects in
  7  the current adopted work program, or projects added using the
  8  available budget of the department, airports may request the
  9  department change the project purpose in accordance with this
10  provision notwithstanding the provisions of s. 339.135(7). For
11  purposes of this subsection, the department may fund up to 100
12  percent of eligible project costs that are not funded by the
13  Federal Government. Prior to releasing any funds under this
14  section, the department shall review and approve the
15  expenditure plans submitted by the airport. The department
16  shall inform the Legislature of any change that it approves
17  under this subsection. This subsection shall expire on June
18  30, 2004 2003.
19           (9)  Notwithstanding any other law to the contrary,
20  any airport with direct intercontinental passenger service
21  that is located in a county with a population under 400,000 as
22  of July 1, 2002, and that has a loan from the Department of
23  Transportation due in August of 2002 shall have such loan
24  extended until September 18, 2008.
25         Section 23.  Subsection (4) is added to section 333.06,
26  Florida Statutes, to read:
27         333.06  Airport zoning requirements.--
28         (4)  ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO
29  AFFECTED LOCAL GOVERNMENTS.--An airport master plan shall be
30  prepared by each publicly owned and operated airport licensed
31  by the Department of Transportation under chapter 330. The
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                                        CS/HB 757, First Engrossed
  1  authorized entity having responsibility for governing the
  2  operation of the airport, when either requesting from or
  3  submitting to a state or federal governmental agency with
  4  funding or approval jurisdiction a "finding of no significant
  5  impact," an environmental assessment, a site-selection study,
  6  an airport master plan, or any amendment to an airport master
  7  plan, shall submit simultaneously a copy of said request,
  8  submittal, assessment, study, plan, or amendments by certified
  9  mail to all affected local governments. For the purposes of
10  this subsection, "affected local government" is defined as any
11  city or county having jurisdiction over the airport and any
12  city or county located within 2 miles of the boundaries of the
13  land subject to the airport master plan.
14         Section 24.  Subsection (5) and paragraph (b) of
15  subsection (15) of section 334.044, Florida Statutes, are
16  amended to read:
17         334.044  Department; powers and duties.--The department
18  shall have the following general powers and duties:
19         (5)  To purchase, lease, or otherwise acquire property
20  and materials, including the purchase of promotional items as
21  part of public information and education campaigns for the
22  promotion of scenic highways, traffic and train safety
23  awareness, alternatives to single-occupant vehicle travel, and
24  commercial motor vehicle safety; to purchase, lease, or
25  otherwise acquire equipment and supplies; and to sell,
26  exchange, or otherwise dispose of any property that is no
27  longer needed by the department.
28         (15)  To regulate and prescribe conditions for the
29  transfer of stormwater to the state right-of-way as a result
30  of manmade changes to adjacent properties.
31
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                                        CS/HB 757, First Engrossed
  1         (b)  The department is specifically authorized to adopt
  2  rules which set forth the purpose; necessary definitions;
  3  permit exceptions; permit and assurance requirements; permit
  4  application procedures; permit forms; general conditions for a
  5  drainage permit; provisions for suspension or revocation of a
  6  permit; and provisions for department recovery of fines,
  7  penalties, and costs incurred due to permittee actions. In
  8  order to avoid duplication and overlap with other units of
  9  government, the department shall accept a surface water
10  management permit issued by a water management district, the
11  Department of Environmental Protection, or a surface water
12  management permit issued by a delegated local government, or a
13  permit issued pursuant to an approved Stormwater Management
14  Plan or Master Drainage Plan,; provided issuance is based on
15  requirements equal to or more stringent than those of the
16  department. The department may enter into a permit delegation
17  agreement with a governmental entity provided issuance is
18  based on requirements that the department determines will
19  ensure the safety and integrity of Department of
20  Transportation facilities.
21         Section 25.  Section 334.175, Florida Statutes, is
22  amended to read:
23         334.175  Certification of project design plans and
24  surveys.--All design plans and surveys prepared by or for the
25  department shall be signed, sealed, and certified by the
26  professional engineer or surveyor or architect or landscape
27  architect in responsible charge of the project work.  Such
28  professional engineer, surveyor, or architect, or landscape
29  architect must be duly registered in this state.
30         Section 26.  Section 335.066, Florida Statutes, is
31  created to read:
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                                        CS/HB 757, First Engrossed
  1         335.066  Safe Paths to Schools Program.--
  2         (1)  There is hereby established within the Department
  3  of Transportation the Safe Paths to Schools Program to
  4  consider the planning and construction of bicycle and
  5  pedestrian ways to provide safe transportation for children
  6  from neighborhoods to schools, parks, and the state's
  7  greenways and trails system.
  8         (2)  As a part of the Safe Paths to Schools Program,
  9  the department may establish a grant program to fund local,
10  regional, and state bicycle and pedestrian projects that
11  support the program.
12         (3)  The department may adopt appropriate rules for the
13  administration of the Safe Paths to Schools Program.
14         Section 27.  Subsection (4) is added to section 336.41,
15  Florida Statutes, to read:
16         336.41  Counties; employing labor and providing road
17  equipment; accounting; when competitive bidding required.--
18         (4)(a)  For contracts in excess of $250,000, any county
19  may require that persons interested in performing work under
20  the contract first be certified or qualified to do the work.
21  Any contractor prequalified and considered eligible to bid by
22  the department to perform the type of work described under the
23  contract shall be presumed to be qualified to perform the work
24  so described. Any contractor may be considered ineligible to
25  bid by the county if the contractor is behind an approved
26  progress schedule by 10 percent or more on another project for
27  that county at the time of the advertisement of the work. The
28  county may provide an appeal process to overcome such
29  consideration with de novo review based on the record below to
30  the circuit court.
31
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                                        CS/HB 757, First Engrossed
  1         (b)  The county shall publish prequalification criteria
  2  and procedures prior to advertisement or notice of
  3  solicitation. Such publications shall include notice of a
  4  public hearing for comment on such criteria and procedures
  5  prior to adoption. The procedures shall provide for an appeal
  6  process within the county for objections to the
  7  prequalification process with de novo review based on the
  8  record below to the circuit court.
  9         (c)  The county shall also publish for comment, prior
10  to adoption, the selection criteria and procedures to be used
11  by the county if such procedures would allow selection of
12  other than the lowest responsible bidder. The selection
13  criteria shall include an appeal process within the county
14  with de novo review based on the record below to the circuit
15  court.
16         Section 28.  Subsection (2) of section 336.44, Florida
17  Statutes, is amended to read:
18         336.44  Counties; contracts for construction of roads;
19  procedure; contractor's bond.--
20         (2)  Such contracts shall be let to the lowest
21  responsible competent bidder, after publication of notice for
22  bids containing specifications furnished by the commissioners
23  in a newspaper published in the county where such contract is
24  made, at least once each week for 2 consecutive weeks prior to
25  the making of such contract.
26         Section 29.  Effective July 1, 2003, paragraph (a) of
27  subsection (7) of section 337.11, Florida Statutes, as amended
28  by section 4 of chapter 2001-350, Laws of Florida, is amended
29  to read:
30         337.11  Contracting authority of department; bids;
31  emergency repairs, supplemental agreements, and change orders;
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                                        CS/HB 757, First Engrossed
  1  combined design and construction contracts; progress payments;
  2  records, requirements of vehicle registration.--
  3         (7)(a)  If the head of the department determines that
  4  it is in the best interests of the public, the department may
  5  combine the right-of-way services and design and construction
  6  phases of a building, a major bridge, a limited access
  7  facility, or a rail corridor project into a single
  8  contract.  Such contract is referred to as a design-build
  9  contract. Design-build contracts may be advertised and awarded
10  notwithstanding the requirements of paragraph (3)(c). However,
11  construction activities may not begin on any portion of such
12  projects until title to the necessary rights-of-way and
13  easements for the construction of that portion of the project
14  has vested in the state or a local governmental entity and all
15  railroad crossing and utility agreements have been executed.
16  Title to rights-of-way vests in the state when the title has
17  been dedicated to the public or acquired by prescription.
18         Section 30.  Effective July 1, 2005, paragraph (a) of
19  subsection (7) of section 337.11, Florida Statutes, as amended
20  by this act, is amended to read:
21         337.11  Contracting authority of department; bids;
22  emergency repairs, supplemental agreements, and change orders;
23  combined design and construction contracts; progress payments;
24  records, requirements of vehicle registration.--
25         (7)(a)  If the head of the department determines that
26  it is in the best interests of the public, the department may
27  combine the right-of-way services and design and construction
28  phases of a building, a major bridge, a limited access
29  facility, or a rail corridor project into a single contract.
30  Such contract is referred to as a design-build contract.
31  Design-build contracts may be advertised and awarded
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                                        CS/HB 757, First Engrossed
  1  notwithstanding the requirements of paragraph (3)(c). However,
  2  construction activities may not begin on any portion of such
  3  projects until title to the necessary rights-of-way and
  4  easements for the construction of that portion of the project
  5  has vested in the state or a local governmental entity and all
  6  railroad crossing and utility agreements have been executed.
  7  Title to rights-of-way vests in the state when the title has
  8  been dedicated to the public or acquired by prescription.
  9         Section 31.  Subsection (4) of section 337.14, Florida
10  Statutes, is amended, and subsection (9) is added to said
11  section, to read:
12         337.14  Application for qualification; certificate of
13  qualification; restrictions; request for hearing.--
14         (4)  If the applicant is found to possess the
15  prescribed qualifications, the department shall issue to him
16  or her a certificate of qualification that which, unless
17  thereafter revoked by the department for good cause, will be
18  valid for a period of 18 16 months after from the date of the
19  applicant's financial statement or such shorter period as the
20  department prescribes may prescribe. If In the event the
21  department finds that an application is incomplete or contains
22  inadequate information or information that which cannot be
23  verified, the department may request in writing that the
24  applicant provide the necessary information to complete the
25  application or provide the source from which any information
26  in the application may be verified. If the applicant fails to
27  comply with the initial written request within a reasonable
28  period of time as specified therein, the department shall
29  request the information a second time. If the applicant fails
30  to comply with the second request within a reasonable period
31  of time as specified therein, the application shall be denied.
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                                        CS/HB 757, First Engrossed
  1         (9)(a)  Notwithstanding any other law to the contrary,
  2  for contracts in excess of $250,000, an authority created
  3  pursuant to chapter 348 or chapter 349 may require that
  4  persons interested in performing work under contract first be
  5  certified or qualified to do the work.  Any contractor may be
  6  considered ineligible to bid by the governmental entity or
  7  authority if the contractor is behind an approved progress
  8  schedule for the governmental entity or authority by 10
  9  percent or more at the time of advertisement of the work. Any
10  contractor prequalified and considered eligible by the
11  department to bid to perform the type of work described under
12  the contract shall be presumed to be qualified to perform the
13  work so described.  The governmental entity or authority may
14  provide an appeal process to overcome that presumption with de
15  novo review based on the record below to the circuit court.
16         (b)  With respect to contractors not prequalified with
17  the department, the authority shall publish prequalification
18  criteria and procedures prior to advertisement or notice of
19  solicitation.  Such publications shall include notice of a
20  public hearing for comment on such criteria and procedures
21  prior to adoption.  The procedures shall provide for an appeal
22  process within the authority for objections to the
23  prequalification process with de novo review based on the
24  record below to the circuit court within 30 days.
25         (c)  An authority may establish criteria and procedures
26  under which contractor selection may occur on a basis other
27  than the lowest responsible bidder.  Prior to adoption, the
28  authority shall publish for comment the proposed criteria and
29  procedures.  Review of the adopted criteria and procedures
30  shall be to the circuit court, within 30 days after adoption,
31  with de novo review based on the record below.
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                                        CS/HB 757, First Engrossed
  1         Section 32.  Subsection (2) of section 337.401, Florida
  2  Statutes, is amended to read:
  3         337.401  Use of right-of-way for utilities subject to
  4  regulation; permit; fees.--
  5         (2)  The authority may grant to any person who is a
  6  resident of this state, or to any corporation which is
  7  organized under the laws of this state or licensed to do
  8  business within this state, the use of a right-of-way for the
  9  utility in accordance with such rules or regulations as the
10  authority may adopt. No utility shall be installed, located,
11  or relocated unless authorized by a written permit issued by
12  the authority. However, for public roads or publicly owned
13  rail corridors under the jurisdiction of the department, a
14  utility relocation schedule and relocation agreement may be
15  executed in lieu of a written permit. The permit shall require
16  the permitholder to be responsible for any damage resulting
17  from the issuance of such permit. The authority may initiate
18  injunctive proceedings as provided in s. 120.69 to enforce
19  provisions of this subsection or any rule or order issued or
20  entered into pursuant thereto.
21         Section 33.  Subsection (3) of section 337.408, Florida
22  Statutes, is amended, subsection (5) is renumbered as
23  subsection (6), and a new subsection (5) is added to said
24  section to read:
25         337.408  Regulation of benches, transit shelters,
26  street light poles, and waste disposal receptacles within
27  rights-of-way.--
28         (3)  The department has the authority to direct the
29  immediate relocation or removal of any bench, transit shelter,
30  or waste disposal receptacle which endangers life or property,
31  except that transit bus benches which have been placed in
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                                        CS/HB 757, First Engrossed
  1  service prior to April 1, 1992, do not have to comply with
  2  bench size and advertising display size requirements which
  3  have been established by the department prior to March 1,
  4  1992.  Any transit bus bench that was in service prior to
  5  April 1, 1992, may be replaced with a bus bench of the same
  6  size or smaller, if the bench is damaged or destroyed or
  7  otherwise becomes unusable. The Department is authorized to
  8  promulgate rules relating to the regulation of bench size and
  9  advertising display size requirements. However, if a
10  municipality or county within which a bench is to be located
11  has adopted an ordinance or other applicable regulation that
12  establishes bench size or advertising display sign
13  requirements different from requirements specified in
14  department rule, then the local government requirement shall
15  be applicable within the respective municipality or county.
16  Placement of any bench or advertising display on the National
17  Highway System under a local ordinance or regulation adopted
18  pursuant to this subsection shall be subject to approval of
19  the Federal Highway Administration.
20         (5)  Street light poles, including attached public
21  service messages and advertisements, may be located within the
22  right-of-way limits of municipal and county roads in the same
23  manner as benches, transit shelters, and waste disposal
24  receptacles as provided in this section and in accordance with
25  municipal and county ordinances. Public service messages and
26  advertisements may be installed on street light poles on roads
27  on the State Highway System in accordance with height, size,
28  setback, spacing distance, duration of display, safety,
29  traffic control, and permitting requirements established by
30  administrative rule of the Department of Transportation.
31  Public service messages and advertisements shall be subject to
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                                        CS/HB 757, First Engrossed
  1  bilateral agreements, where applicable, to be negotiated with
  2  the owner of the street light poles, which shall consider,
  3  among other things, power source rates, design, safety,
  4  operational and maintenance concerns, and other matters of
  5  public importance.  For the purposes of this section, the term
  6  "street light poles" does not include electric transmission or
  7  distribution poles. The department shall have authority to
  8  establish administrative rules to implement this subsection.
  9  No advertising on light poles shall be permitted on the
10  Interstate Highway System. No permanent structures carrying
11  advertisements attached to light poles shall be permitted on
12  the National Highway System.
13         Section 34.  Subsections (1) and (2) of section 339.08,
14  Florida Statutes, are amended to read:
15         339.08  Use of moneys in State Transportation Trust
16  Fund.--
17         (1)  The department shall expend by rule provide for
18  the expenditure of the moneys in the State Transportation
19  Trust Fund accruing to the department, in accordance with its
20  annual budget.
21         (2)  These rules must restrict The use of such moneys
22  is restricted to the following purposes:
23         (a)  To pay administrative expenses of the department,
24  including administrative expenses incurred by the several
25  state transportation districts, but excluding administrative
26  expenses of commuter rail authorities that do not operate rail
27  service.
28         (b)  To pay the cost of construction of the State
29  Highway System.
30         (c)  To pay the cost of maintaining the State Highway
31  System.
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                                        CS/HB 757, First Engrossed
  1         (d)  To pay the cost of public transportation projects
  2  in accordance with chapter 341 and ss. 332.003-332.007.
  3         (e)  To reimburse counties or municipalities for
  4  expenditures made on projects in the State Highway System as
  5  authorized by s. 339.12(4) upon legislative approval.
  6         (f)  To pay the cost of economic development
  7  transportation projects in accordance with s. 288.063.
  8         (g)  To lend or pay a portion of the operating,
  9  maintenance, and capital costs of a revenue-producing
10  transportation project that is located on the State Highway
11  System or that is demonstrated to relieve traffic congestion
12  on the State Highway System.
13         (h)  To match any federal-aid funds allocated for any
14  other transportation purpose, including funds allocated to
15  projects not located in the State Highway System.
16         (i)  To pay the cost of county road projects selected
17  in accordance with the Small County Road Assistance Program
18  created in s. 339.2816.
19         (j)  To pay the cost of county or municipal road
20  projects selected in accordance with the County Incentive
21  Grant Program created in s. 339.2817 and the Small County
22  Outreach Program created in s. 339.2818.
23         (k)  To provide loans and credit enhancements for use
24  in constructing and improving highway transportation
25  facilities selected in accordance with the state-funded
26  infrastructure bank created in s. 339.55.
27         (l)  To fund the Transportation Outreach Program
28  created in s. 339.137.
29         (m)  To pay other lawful expenditures of the
30  department.
31
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                                        CS/HB 757, First Engrossed
  1         Section 35.  Subsection (5) of section 339.12, Florida
  2  Statutes, is amended, and subsection (10) is added to said
  3  section, to read:
  4         339.12  Aid and contributions by governmental entities
  5  for department projects; federal aid.--
  6         (5)  The department and the governing body of a
  7  governmental entity may enter into an agreement by which the
  8  governmental entity agrees to perform a highway project or
  9  project phase in the department's adopted work program that is
10  not revenue producing or any public transportation project in
11  the adopted work program. By specific provision in the written
12  agreement between the department and the governing body of the
13  governmental entity, the department may agree to compensate
14  reimburse the governmental entity the actual cost of for the
15  project or project phase contained in the adopted work
16  program. Compensation Reimbursement to the governmental entity
17  for such project or project phases must be made from funds
18  appropriated by the Legislature, and compensation
19  reimbursement for the cost of the project or project phase is
20  to begin in the year the project or project phase is scheduled
21  in the work program as of the date of the agreement.
22         (10)  Any county with a population greater than 50,000
23  that levies the full 6 cents of local option fuel tax pursuant
24  to ss. 206.41(1)(e) or 206.87(1)(c) and that dedicates 35
25  percent or more of its discretionary sales surtax, pursuant to
26  s. 212.055, for improvements to the state transportation
27  system or to local projects directly upgrading the state
28  transportation system within the county's boundaries shall
29  receive preference for receipt of any transportation grant for
30  which the county applies. This subsection shall not apply to
31  loans or nonhighway grant programs.
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                                        CS/HB 757, First Engrossed
  1         Section 36.  Subsections (2) and (5) of section 339.55,
  2  Florida Statutes, are amended to read:
  3         339.55  State-funded infrastructure bank.--
  4         (2)  The bank may lend capital costs or provide credit
  5  enhancements for a transportation facility project that is on
  6  the State Highway System or that provides for increased
  7  mobility on the state's transportation system or provides
  8  intermodal connectivity with airports, seaports, rail
  9  facilities, and other transportation terminals, pursuant to s.
10  341.053, for the movement of people and goods. Loans from the
11  bank may be subordinated to senior project debt that has an
12  investment grade rating of "BBB" or higher.
13         (5)  The department may consider, but is not limited
14  to, the following criteria for evaluation of projects for
15  assistance from the bank:
16         (a)  The credit worthiness of the project.
17         (b)  A demonstration that the project will encourage,
18  enhance, or create economic benefits.
19         (c)  The likelihood that assistance would enable the
20  project to proceed at an earlier date than would otherwise be
21  possible.
22         (d)  The extent to which assistance would foster
23  innovative public-private partnerships and attract private
24  debt or equity investment.
25         (e)  The extent to which the project would use new
26  technologies, including intelligent transportation systems,
27  that would enhance the efficient operation of the project.
28         (f)  The extent to which the project would maintain or
29  protect the environment.
30
31
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                                        CS/HB 757, First Engrossed
  1         (g)  A demonstration that the project includes
  2  transportation benefits for improving intermodalism, cargo and
  3  freight movement, and safety.
  4         (h)  The amount of the proposed assistance as a
  5  percentage of the overall project costs with emphasis on local
  6  and private participation.
  7         (i)  The extent to which the project will provide for
  8  connectivity between the State Highway System and airports,
  9  seaports, rail facilities, and other transportation terminals
10  and intermodal options pursuant to s. 341.053 for the
11  increased accessibility and movement of people and goods.
12         Section 37.  Subsections (8) and (10) of section
13  341.031, Florida Statutes, are amended to read:
14         341.031  Definitions relating to Florida Public Transit
15  Act.--As used in ss. 341.011-341.061, the term:
16         (8)  "Public transit service development project" means
17  a project undertaken by a public agency to determine whether a
18  new or innovative technique or measure can be utilized to
19  improve or expand public transit services to its constituency.
20  The duration of the project shall be limited according to the
21  type of the project in conformance with the provisions of s.
22  341.051(5)(e)(f), but in no case shall exceed a period of 3
23  years.  Public transit service development projects
24  specifically include projects involving the utilization of new
25  technologies, services, routes, or vehicle frequencies; the
26  purchase of special transportation services; and other such
27  techniques for increasing service to the riding public as are
28  applicable to specific localities and transit user groups.
29         (10)  "Transit corridor project" means a project that
30  is undertaken by a public agency and designed to relieve
31  congestion and improve capacity within an identified
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                                        CS/HB 757, First Engrossed
  1  transportation corridor by increasing people-carrying capacity
  2  of the system through the use and facilitated movement of
  3  high-occupancy conveyances.  Each transit corridor project
  4  must meet the requirements established in s. 341.051(5)(d)(e)
  5  and, if applicable, the requirements of the department's major
  6  capital investment policy developed pursuant to s.
  7  341.051(5)(b).  Initial project duration shall not exceed a
  8  period of 2 years unless the project is reauthorized by the
  9  Legislature.  Such reauthorization shall be based upon a
10  determination that the project is meeting or exceeding the
11  criteria, developed pursuant to s. 341.051(5)(d)(e), by which
12  the success of the project is being judged and by inclusion of
13  the project in a departmental appropriation request.
14         Section 38.  Subsection (5) of section 341.051, Florida
15  Statutes, is amended to read:
16         341.051  Administration and financing of public transit
17  programs and projects.--
18         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--
19         (a)  The department may fund up to 50 percent of the
20  nonfederal share of the costs, not to exceed the local share,
21  of any eligible public transit capital project or commuter
22  assistance project that is local in scope; except, however,
23  that departmental participation in the final design,
24  right-of-way acquisition, and construction phases of an
25  individual fixed-guideway project which is not approved for
26  federal funding shall not exceed an amount equal to 12.5
27  percent of the total cost of each phase.
28         (b)  The Department of Transportation shall develop a
29  major capital investment policy which shall include policy
30  criteria and guidelines for the expenditure or commitment of
31
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                                        CS/HB 757, First Engrossed
  1  state funds for public transit capital projects. The policy
  2  shall include the following:
  3         1.  Methods to be used to determine consistency of a
  4  transit project with the approved local government
  5  comprehensive plans of the units of local government in which
  6  the project is located.
  7         2.  Methods for evaluating the level of local
  8  commitment to a transit project, which is to be demonstrated
  9  through system planning and the development of a feasible plan
10  to fund operating cost through fares, value capture techniques
11  such as joint development and special districts, or other
12  local funding mechanisms.
13         3.  Methods for evaluating alternative transit systems
14  including an analysis of technology and alternative methods
15  for providing transit services in the corridor.
16         (b)(c)  The department is authorized to fund up to 100
17  percent of the cost of any eligible transit capital project or
18  commuter assistance project that is statewide in scope or
19  involves more than one county where no other governmental
20  entity or appropriate jurisdiction exists.
21         (c)(d)  The department is authorized to advance up to
22  80 percent of the capital cost of any eligible project that
23  will assist Florida's transit systems in becoming fiscally
24  self-sufficient. Such advances shall be reimbursed to the
25  department on an appropriate schedule not to exceed 5 years
26  after the date of provision of the advances.
27         (d)(e)  The department is authorized to fund up to 100
28  percent of the capital and net operating costs of statewide
29  transit service development projects or transit corridor
30  projects. All transit service development projects shall be
31  specifically identified by way of a departmental appropriation
                                  64
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                                        CS/HB 757, First Engrossed
  1  request, and transit corridor projects shall be identified as
  2  part of the planned improvements on each transportation
  3  corridor designated by the department. The project objectives,
  4  the assigned operational and financial responsibilities, the
  5  timeframe required to develop the required service, and the
  6  criteria by which the success of the project will be judged
  7  shall be documented by the department for each such transit
  8  service development project or transit corridor project.
  9         (e)(f)  The department is authorized to fund up to 50
10  percent of the capital and net operating costs of transit
11  service development projects that are local in scope and that
12  will improve system efficiencies, ridership, or revenues. All
13  such projects shall be identified in the appropriation request
14  of the department through a specific program of projects, as
15  provided for in s. 341.041, that is selectively applied in the
16  following functional areas and is subject to the specified
17  times of duration:
18         1.  Improving system operations, including, but not
19  limited to, realigning route structures, increasing system
20  average speed, decreasing deadhead mileage, expanding area
21  coverage, and improving schedule adherence, for a period of up
22  to 3 years;
23         2.  Improving system maintenance procedures, including,
24  but not limited to, effective preventive maintenance programs,
25  improved mechanics training programs, decreasing service
26  repair calls, decreasing parts inventory requirements, and
27  decreasing equipment downtime, for a period of up to 3 years;
28         3.  Improving marketing and consumer information
29  programs, including, but not limited to, automated information
30  services, organized advertising and promotion programs, and
31
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                                        CS/HB 757, First Engrossed
  1  signing of designated stops, for a period of up to 2 years;
  2  and
  3         4.  Improving technology involved in overall
  4  operations, including, but not limited to, transit equipment,
  5  fare collection techniques, electronic data processing
  6  applications, and bus locators, for a period of up to 2 years.
  7
  8  For purposes of this section, the term "net operating costs"
  9  means all operating costs of a project less any federal funds,
10  fares, or other sources of income to the project.
11         Section 39.  Subsection (6) of section 341.053, Florida
12  Statutes, is amended to read:
13         341.053  Intermodal Development Program;
14  administration; eligible projects; limitations.--
15         (6)  The department is authorized to fund projects
16  within the Intermodal Development Program, which are
17  consistent, to the maximum extent feasible, with approved
18  local government comprehensive plans of the units of local
19  government in which the project is located.  Projects that are
20  eligible for funding under this program include major capital
21  investments in public rail and fixed-guideway transportation
22  facilities and systems which provide intermodal access and
23  which, if approved after July 1, 1991, have complied with the
24  requirement of the department's major capital investment
25  policy; road, rail, or fixed-guideway access to, from, or
26  between seaports, airports, and other transportation
27  terminals; construction of intermodal or multimodal terminals;
28  development and construction of dedicated bus lanes; and
29  projects which otherwise facilitate the intermodal or
30  multimodal movement of people and goods.
31
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                                        CS/HB 757, First Engrossed
  1         Section 40.  Section 341.501, Florida Statutes, is
  2  amended to read:
  3         341.501  High-technology transportation systems; joint
  4  project agreement or assistance.--Notwithstanding any other
  5  provision of law, the Department of Transportation may enter
  6  into a joint project agreement with, or otherwise assist,
  7  private or public entities, or consortia thereof, to
  8  facilitate the research, development, and demonstration of
  9  high-technology transportation systems, including, but not
10  limited to, systems using magnetic levitation technology. The
11  provisions of the Florida High-Speed Rail Transportation Act,
12  ss. 341.3201-341.386, do not apply to actions taken under this
13  section, and the department may, subject to s. 339.135,
14  provide funds to match any available federal aid or aid from
15  other states or jurisdictions for effectuating the research,
16  development, and demonstration of high-technology
17  transportation systems. To be eligible for funding under this
18  section, the project must be located in Florida.
19         Section 41.  Paragraph (d) of subsection (2) of section
20  348.0003, Florida Statutes, is amended to read:
21         348.0003  Expressway authority; formation;
22  membership.--
23         (2)  The governing body of an authority shall consist
24  of not fewer than five nor more than nine voting members. The
25  district secretary of the affected department district shall
26  serve as a nonvoting member of the governing body of each
27  authority located within the district. Each member of the
28  governing body must at all times during his or her term of
29  office be a permanent resident of the county which he or she
30  is appointed to represent.
31
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                                        CS/HB 757, First Engrossed
  1         (d)  Notwithstanding any provision to the contrary in
  2  this subsection, in any county as defined in s. 125.011(1),
  3  the governing body of an authority shall consist of up to 13
  4  members, and the following provisions of this paragraph shall
  5  apply specifically to such authority. Except for the district
  6  secretary of the department, the members must be residents of
  7  the county. Seven voting members shall be appointed by the
  8  governing body of the county. At the discretion of the
  9  governing body of the county, up to two of the members
10  appointed by the governing body of the county may be elected
11  officials residing in the county. Five voting members of the
12  authority shall be appointed by the Governor. One member shall
13  be the district secretary of the department serving in the
14  district that contains such county. This member shall be an ex
15  officio voting member of the authority. If the governing board
16  of an authority includes any member originally appointed by
17  the governing body of the county as a nonvoting member, when
18  the term of such member expires, that member shall be replaced
19  by a member appointed by the Governor until the governing body
20  of the authority is composed of seven members appointed by the
21  governing body of the county and five members appointed by the
22  Governor. The qualifications, terms of office, and obligations
23  and rights of members of the authority shall be determined by
24  resolution or ordinance of the governing body of the county in
25  a manner that is consistent with subsections (3) and (4).
26         Section 42.  Section 348.0008, Florida Statutes, is
27  amended to read:
28         348.0008  Acquisition of lands and property.--
29         (1)  For the purposes of the Florida Expressway
30  Authority Act, an expressway authority may acquire such
31  rights, title, or interest in private or public property and
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                                        CS/HB 757, First Engrossed
  1  such property rights, including easements, rights of access,
  2  air, view, and light, by gift, devise, purchase, or
  3  condemnation by eminent domain proceedings, as the authority
  4  may deem necessary for any of the purposes of the Florida
  5  Expressway Authority Act, including, but not limited to, any
  6  lands reasonably necessary for securing applicable permits,
  7  areas necessary for management of access, borrow pits,
  8  drainage ditches, water retention areas, rest areas,
  9  replacement access for landowners whose access is impaired due
10  to the construction of an expressway system, and replacement
11  rights-of-way for relocated rail and utility facilities; for
12  existing, proposed, or anticipated transportation facilities
13  on the expressway system or in a transportation corridor
14  designated by the authority; or for the purposes of screening,
15  relocation, removal, or disposal of junkyards and scrap metal
16  processing facilities.  The authority may also condemn any
17  material and property necessary for such purposes.
18         (2)  An authority and its authorized agents,
19  contractors, and employees are authorized to enter upon any
20  lands, waters, and premises, upon giving reasonable notice to
21  the landowner, for the purpose of making surveys, soundings,
22  drillings, appraisals, environmental assessments including
23  phase I and phase II environmental surveys, archaeological
24  assessments, and such other examinations as are necessary for
25  the acquisition of private or public property and property
26  rights, including rights of access, air, view, and light, by
27  gift, devise, purchase, or condemnation by eminent domain
28  proceedings or as are necessary for the authority to perform
29  its duties and functions; and any such entry shall not be
30  deemed a trespass or an entry that would constitute a taking
31  in an eminent domain proceeding. An expressway authority shall
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                                        CS/HB 757, First Engrossed
  1  make reimbursement for any actual damage to such lands, water,
  2  and premises as a result of such activities.
  3         (3)(2)  The right of eminent domain conferred by the
  4  Florida Expressway Authority Act must be exercised by each
  5  authority in the manner provided by law.
  6         (4)(3)  When an authority acquires property for an
  7  expressway system or in a transportation corridor as defined
  8  in s. 334.03, it is not subject to any liability imposed by
  9  chapter 376 or chapter 403 for preexisting soil or groundwater
10  contamination due solely to its ownership. This subsection
11  does not affect the rights or liabilities of any past or
12  future owners of the acquired property nor does it affect the
13  liability of any governmental entity for the results of its
14  actions which create or exacerbate a pollution source. An
15  authority and the Department of Environmental Protection may
16  enter into interagency agreements for the performance,
17  funding, and reimbursement of the investigative and remedial
18  acts necessary for property acquired by the authority.
19         Section 43.  Section 348.545, Florida Statutes, is
20  created to read:
21         348.545  Facility improvement; bond financing
22  authority.--Pursuant to s. 11(f), Art. VII of the State
23  Constitution, the Legislature hereby approves for bond
24  financing by the Tampa-Hillsborough County Expressway
25  Authority improvements to toll collection facilities,
26  interchanges to the legislatively approved expressway system,
27  and any other facility appurtenant, necessary, or incidental
28  to the approved system.  Subject to terms and conditions of
29  applicable revenue bond resolutions and covenants, such
30  financing may be in whole or in part by revenue bonds
31
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                                        CS/HB 757, First Engrossed
  1  currently issued or issued in the future, or by a combination
  2  of such bonds.
  3         Section 44.  Section 348.565, Florida Statutes, is
  4  amended to read:
  5         348.565  Revenue bonds for specified projects.--The
  6  existing facilities that constitute the Tampa-Hillsborough
  7  County Expressway System are hereby approved to be refinanced
  8  by the issuance of revenue bonds by the Division of Bond
  9  Finance of the State Board of Administration pursuant to s.
10  11(f), Art. VII of the State Constitution. In addition, the
11  following projects of the Tampa-Hillsborough County Expressway
12  Authority are approved to be financed or refinanced by the
13  issuance of revenue bonds pursuant to s. 11(f), Art. VII of
14  the State Constitution:
15         (1)  Brandon area feeder roads.;
16         (2)  Capital improvements to the expressway system,
17  including safety and operational improvements and toll
18  collection equipment.; and
19         (3)  Lee Roy Selmon Crosstown Expressway System
20  widening.
21         (4)  The connector highway linking Lee Roy Selmon
22  Crosstown Expressway to Interstate 4.
23         Section 45.  Section 373.4137, Florida Statutes, is
24  amended to read:
25         373.4137  Mitigation requirements.--
26         (1)  The Legislature finds that environmental
27  mitigation for the impact of transportation projects proposed
28  by the Department of Transportation or a transportation
29  authority established pursuant to chapter 348 or chapter 349
30  can be more effectively achieved by regional, long-range
31  mitigation planning rather than on a project-by-project basis.
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                                        CS/HB 757, First Engrossed
  1  It is the intent of the Legislature that mitigation to offset
  2  the adverse effects of these transportation projects be funded
  3  by the Department of Transportation and be carried out by the
  4  Department of Environmental Protection and the water
  5  management districts, including the use of mitigation banks
  6  established pursuant to this part.
  7         (2)  Environmental impact inventories for
  8  transportation projects proposed by the Department of
  9  Transportation or a transportation authority established
10  pursuant to chapter 348 or chapter 349 shall be developed as
11  follows:
12         (a)  By May 1 of each year, the Department of
13  Transportation or a transportation authority established
14  pursuant to chapter 348 or chapter 349 shall submit to the
15  Department of Environmental Protection and the water
16  management districts a copy of its adopted work program and an
17  inventory of habitats addressed in the rules tentatively,
18  pursuant to this part and s. 404 of the Clean Water Act, 33
19  U.S.C. s. 1344, which may be impacted by its plan of
20  construction for transportation projects in the next 3 years
21  of the tentative work program. The Department of
22  Transportation or a transportation authority established
23  pursuant to chapter 348 or chapter 349 may also include in its
24  inventory the habitat impacts of any future transportation
25  project identified in the tentative work program.
26         (b)  The environmental impact inventory shall include a
27  description of these habitat impacts, including their
28  location, acreage, and type; state water quality
29  classification of impacted wetlands and other surface waters;
30  any other state or regional designations for these habitats;
31
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                                        CS/HB 757, First Engrossed
  1  and a survey of threatened species, endangered species, and
  2  species of special concern affected by the proposed project.
  3         (3)(a)  To fund the mitigation plan for the projected
  4  impacts identified in the inventory described in subsection
  5  (2), the Department of Transportation shall identify funds
  6  quarterly in an escrow account within the State Transportation
  7  Trust Fund for the environmental mitigation phase of projects
  8  budgeted by the Department of Transportation for the current
  9  fiscal year. The escrow account shall be maintained by the
10  Department of Transportation for the benefit of the Department
11  of Environmental Protection and the water management
12  districts. Any interest earnings from the escrow account shall
13  remain with the Department of Transportation.
14         (b)  Each transportation authority established pursuant
15  to chapter 348 or chapter 349 that chooses to participate in
16  this program shall create an escrow account within its
17  financial structure and deposit funds in the account to pay
18  for the environmental mitigation phase of projects budgeted
19  for the current fiscal year. The escrow account shall be
20  maintained by the authority for the benefit of the Department
21  of Environmental Protection and the water management
22  districts. Any interest earnings from the escrow account shall
23  remain with the authority.
24         (c)  The Department of Environmental Protection or
25  water management districts may request a transfer of funds
26  from an the escrow account no sooner than 30 days prior to the
27  date the funds are needed to pay for activities associated
28  with development or implementation of the approved mitigation
29  plan described in subsection (4) for the current fiscal year,
30  including, but not limited to, design, engineering,
31  production, and staff support. Actual conceptual plan
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                                        CS/HB 757, First Engrossed
  1  preparation costs incurred before plan approval may be
  2  submitted to the Department of Transportation or the
  3  appropriate transportation authority and the Department of
  4  Environmental Protection by November 1 of each year with the
  5  plan. The conceptual plan preparation costs of each water
  6  management district will be paid based on the amount approved
  7  on the mitigation plan and allocated to the current fiscal
  8  year projects identified by the water management district. The
  9  amount transferred to the escrow accounts account each year by
10  the Department of Transportation and participating
11  transportation authorities established pursuant to chapter 348
12  or chapter 349 shall correspond to a cost per acre of $75,000
13  multiplied by the projected acres of impact identified in the
14  inventory described in subsection (2). However, the $75,000
15  cost per acre does not constitute an admission against
16  interest by the state or its subdivisions nor is the cost
17  admissible as evidence of full compensation for any property
18  acquired by eminent domain or through inverse condemnation.
19  Each July 1, the cost per acre shall be adjusted by the
20  percentage change in the average of the Consumer Price Index
21  issued by the United States Department of Labor for the most
22  recent 12-month period ending September 30, compared to the
23  base year average, which is the average for the 12-month
24  period ending September 30, 1996. At the end of each year, the
25  projected acreage of impact shall be reconciled with the
26  acreage of impact of projects as permitted, including permit
27  modifications, pursuant to this part and s. 404 of the Clean
28  Water Act, 33 U.S.C. s. 1344. The subject year's transfer of
29  funds shall be adjusted accordingly to reflect the
30  overtransfer or undertransfer of funds from the preceding
31  year. The Department of Transportation and participating
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                                        CS/HB 757, First Engrossed
  1  transportation authorities established pursuant to chapter 348
  2  or chapter 349 are is authorized to transfer such funds from
  3  the escrow accounts account to the Department of Environmental
  4  Protection and the water management districts to carry out the
  5  mitigation programs.
  6         (4)  Prior to December 1 of each year, each water
  7  management district, in consultation with the Department of
  8  Environmental Protection, the United States Army Corps of
  9  Engineers, the Department of Transportation, transportation
10  authorities established pursuant to chapter 348 or chapter
11  349, and other appropriate federal, state, and local
12  governments, and other interested parties, including entities
13  operating mitigation banks, shall develop a plan for the
14  primary purpose of complying with the mitigation requirements
15  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan
16  shall also address significant invasive plant problems within
17  wetlands and other surface waters. In developing such plans,
18  the districts shall utilize sound ecosystem management
19  practices to address significant water resource needs and
20  shall focus on activities of the Department of Environmental
21  Protection and the water management districts, such as surface
22  water improvement and management (SWIM) waterbodies and lands
23  identified for potential acquisition for preservation,
24  restoration, and enhancement, to the extent that such
25  activities comply with the mitigation requirements adopted
26  under this part and 33 U.S.C. s. 1344. In determining the
27  activities to be included in such plans, the districts shall
28  also consider the purchase of credits from public or private
29  mitigation banks permitted under s. 373.4136 and associated
30  federal authorization and shall include such purchase as a
31  part of the mitigation plan when such purchase would offset
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                                        CS/HB 757, First Engrossed
  1  the impact of the transportation project, provide equal
  2  benefits to the water resources than other mitigation options
  3  being considered, and provide the most cost-effective
  4  mitigation option. The mitigation plan shall be preliminarily
  5  approved by the water management district governing board and
  6  shall be submitted to the secretary of the Department of
  7  Environmental Protection for review and final approval. The
  8  preliminary approval by the water management district
  9  governing board does not constitute a decision that affects
10  substantial interests as provided by s. 120.569. At least 30
11  days prior to preliminary approval, the water management
12  district shall provide a copy of the draft mitigation plan to
13  any person who has requested a copy.
14         (a)  For each transportation project with a funding
15  request for the next fiscal year, the mitigation plan must
16  include a brief explanation of why a mitigation bank was or
17  was not chosen as a mitigation option, including an estimation
18  of identifiable costs of the mitigation bank and nonbank
19  options to the extent practicable.
20         (b)  Specific projects may be excluded from the
21  mitigation plan and shall not be subject to this section upon
22  the agreement of the Department of Transportation, a
23  transportation authority if applicable, the Department of
24  Environmental Protection, and the appropriate water management
25  district that the inclusion of such projects would hamper the
26  efficiency or timeliness of the mitigation planning and
27  permitting process, or the Department of Environmental
28  Protection and the water management district are unable to
29  identify mitigation that would offset the impacts of the
30  project.
31
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                                        CS/HB 757, First Engrossed
  1         (c)  Surface water improvement and management or
  2  invasive plant control projects undertaken using the $12
  3  million advance transferred from the Department of
  4  Transportation to the Department of Environmental Protection
  5  in fiscal year 1996-1997 which meet the requirements for
  6  mitigation under this part and 33 U.S.C. s. 1344 shall remain
  7  available for mitigation until the $12 million is fully
  8  credited up to and including fiscal year 2004-2005. When these
  9  projects are used as mitigation, the $12 million advance shall
10  be reduced by $75,000 per acre of impact mitigated. For any
11  fiscal year through and including fiscal year 2004-2005, to
12  the extent the cost of developing and implementing the
13  mitigation plans is less than the amount transferred pursuant
14  to subsection (3), the difference shall be credited towards
15  the $12 million advance. Except as provided in this paragraph,
16  any funds not directed to implement the mitigation plan
17  should, to the greatest extent possible, be directed to fund
18  invasive plant control within wetlands and other surface
19  waters.
20         (5)  The water management district shall be responsible
21  for ensuring that mitigation requirements pursuant to 33
22  U.S.C. s. 1344 are met for the impacts identified in the
23  inventory described in subsection (2), by implementation of
24  the approved plan described in subsection (4) to the extent
25  funding is provided by the Department of Transportation, or a
26  transportation authority established pursuant to chapter 348
27  or chapter 349, if applicable. During the federal permitting
28  process, the water management district may deviate from the
29  approved mitigation plan in order to comply with federal
30  permitting requirements.
31
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                                        CS/HB 757, First Engrossed
  1         (6)  The mitigation plans plan shall be updated
  2  annually to reflect the most current Department of
  3  Transportation work program and project list of a
  4  transportation authority established pursuant to chapter 348
  5  or chapter 349, if applicable, and may be amended throughout
  6  the year to anticipate schedule changes or additional projects
  7  which may arise. Each update and amendment of the mitigation
  8  plan shall be submitted to the secretary of the Department of
  9  Environmental Protection for approval. However, such approval
10  shall not be applicable to a deviation as described in
11  subsection (5).
12         (7)  Upon approval by the secretary of the Department
13  of Environmental Protection, the mitigation plan shall be
14  deemed to satisfy the mitigation requirements under this part
15  and any other mitigation requirements imposed by local,
16  regional, and state agencies for impacts identified in the
17  inventory described in subsection (2). The approval of the
18  secretary shall authorize the activities proposed in the
19  mitigation plan, and no other state, regional, or local permit
20  or approval shall be necessary.
21         (8)  This section shall not be construed to eliminate
22  the need for the Department of Transportation or a
23  transportation authority established pursuant to chapter 348
24  or chapter 349 to comply with the requirement to implement
25  practicable design modifications, including realignment of
26  transportation projects, to reduce or eliminate the impacts of
27  its transportation projects on wetlands and other surface
28  waters as required by rules adopted pursuant to this part, or
29  to diminish the authority under this part to regulate other
30  impacts, including water quantity or water quality impacts, or
31
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                                        CS/HB 757, First Engrossed
  1  impacts regulated under this part that are not identified in
  2  the inventory described in subsection (2).
  3         (9)  The process for environmental mitigation for the
  4  impact of transportation projects under this section shall be
  5  available to an expressway, bridge, or transportation
  6  authority established under chapter 348 or chapter 349. Use of
  7  this process may be initiated by an authority depositing the
  8  requisite funds into an escrow account set up by the authority
  9  and filing an environmental impact inventory with the
10  appropriate water management district. An authority that
11  initiates the environmental mitigation process established by
12  this section shall comply with subsection (6) by timely
13  providing the appropriate water management district and the
14  Department of Environmental Protection with the requisite work
15  program information. A water management district may draw down
16  funds from the escrow account as provided in this section.
17         Section 46.  Paragraph (b) of subsection (3) of section
18  380.04, Florida Statutes, is amended to read:
19         380.04  Definition of development.--
20         (3)  The following operations or uses shall not be
21  taken for the purpose of this chapter to involve "development"
22  as defined in this section:
23         (b)  Work by any utility and other persons engaged in
24  the distribution or transmission of gas, electricity, or
25  water, for the purpose of inspecting, repairing, renewing, or
26  constructing on established rights-of-way any sewers, mains,
27  pipes, cables, utility tunnels, power lines, towers, poles,
28  tracks, or the like.
29         Section 47.  Paragraph (d) of subsection (2), paragraph
30  (b) of subsection (4), and paragraph (a) of subsection (8) of
31  section 380.06, Florida Statutes, are amended to read:
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                                        CS/HB 757, First Engrossed
  1         380.06  Developments of regional impact.--
  2         (2)  STATEWIDE GUIDELINES AND STANDARDS.--
  3         (d)  The guidelines and standards shall be applied as
  4  follows:
  5         1.  Fixed thresholds.--
  6         a.  A development that is at or below 100 80 percent of
  7  all numerical thresholds in the guidelines and standards shall
  8  not be required to undergo development-of-regional-impact
  9  review.
10         b.  A development that is at or above 120 percent of
11  any numerical threshold shall be required to undergo
12  development-of-regional-impact review.
13         c.  Projects certified under s. 403.973 which create at
14  least 100 jobs and meet the criteria of the Office of Tourism,
15  Trade, and Economic Development as to their impact on an
16  area's economy, employment, and prevailing wage and skill
17  levels that are at or below 100 percent of the numerical
18  thresholds for industrial plants, industrial parks,
19  distribution, warehousing or wholesaling facilities, office
20  development or multiuse projects other than residential, as
21  described in s. 380.0651(3)(c), (d), and (i), are not required
22  to undergo development-of-regional-impact review.
23         2.  Rebuttable presumption presumptions.--
24         a.  It shall be presumed that a development that is
25  between 80 and 100 percent of a numerical threshold shall not
26  be required to undergo development-of-regional-impact review.
27         b.  It shall be presumed that a development that is at
28  100 percent or between 100 and 120 percent of a numerical
29  threshold shall be required to undergo
30  development-of-regional-impact review.
31         (4)  BINDING LETTER.--
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                                        CS/HB 757, First Engrossed
  1         (b)  Unless a developer waives the requirements of this
  2  paragraph by agreeing to undergo
  3  development-of-regional-impact review pursuant to this
  4  section, the state land planning agency or local government
  5  with jurisdiction over the land on which a development is
  6  proposed may require a developer to obtain a binding letter
  7  if:
  8         1.  the development is at a presumptive numerical
  9  threshold or up to 20 percent above a numerical threshold in
10  the guidelines and standards.; or
11         2.  The development is between a presumptive numerical
12  threshold and 20 percent below the numerical threshold and the
13  local government or the state land planning agency is in doubt
14  as to whether the character or magnitude of the development at
15  the proposed location creates a likelihood that the
16  development will have a substantial effect on the health,
17  safety, or welfare of citizens of more than one county.
18         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--
19         (a)  A developer may enter into a written preliminary
20  development agreement with the state land planning agency to
21  allow a developer to proceed with a limited amount of the
22  total proposed development, subject to all other governmental
23  approvals and solely at the developer's own risk, prior to
24  issuance of a final development order.  All owners of the land
25  in the total proposed development shall join the developer as
26  parties to the agreement. Each agreement shall include and be
27  subject to the following conditions:
28         1.  The developer shall comply with the preapplication
29  conference requirements pursuant to subsection (7) within 45
30  days after the execution of the agreement.
31
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                                        CS/HB 757, First Engrossed
  1         2.  The developer shall file an application for
  2  development approval for the total proposed development within
  3  3 months after execution of the agreement, unless the state
  4  land planning agency agrees to a different time for good cause
  5  shown. Failure to timely file an application and to otherwise
  6  diligently proceed in good faith to obtain a final development
  7  order shall constitute a breach of the preliminary development
  8  agreement.
  9         3.  The agreement shall include maps and legal
10  descriptions of both the preliminary development area and the
11  total proposed development area and shall specifically
12  describe the preliminary development in terms of magnitude and
13  location.  The area approved for preliminary development must
14  be included in the application for development approval and
15  shall be subject to the terms and conditions of the final
16  development order.
17         4.  The preliminary development shall be limited to
18  lands that the state land planning agency agrees are suitable
19  for development and shall only be allowed in areas where
20  adequate public infrastructure exists to accommodate the
21  preliminary development, when such development will utilize
22  public infrastructure.  The developer must also demonstrate
23  that the preliminary development will not result in material
24  adverse impacts to existing resources or existing or planned
25  facilities.
26         5.  The preliminary development agreement may allow
27  development which is:
28         a.  Less than or equal to 100 80 percent of any
29  applicable threshold if the developer demonstrates that such
30  development is consistent with subparagraph 4.; or
31
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                                        CS/HB 757, First Engrossed
  1         b.  Less than 120 percent of any applicable threshold
  2  if the developer demonstrates that such development is part of
  3  a proposed downtown development of regional impact specified
  4  in subsection (22) or part of any areawide development of
  5  regional impact specified in subsection (25) and that the
  6  development is consistent with subparagraph 4.
  7         6.  The developer and owners of the land may not claim
  8  vested rights, or assert equitable estoppel, arising from the
  9  agreement or any expenditures or actions taken in reliance on
10  the agreement to continue with the total proposed development
11  beyond the preliminary development. The agreement shall not
12  entitle the developer to a final development order approving
13  the total proposed development or to particular conditions in
14  a final development order.
15         7.  The agreement shall not prohibit the regional
16  planning agency from reviewing or commenting on any regional
17  issue that the regional agency determines should be included
18  in the regional agency's report on the application for
19  development approval.
20         8.  The agreement shall include a disclosure by the
21  developer and all the owners of the land in the total proposed
22  development of all land or development within 5 miles of the
23  total proposed development in which they have an interest and
24  shall describe such interest.
25         9.  In the event of a breach of the agreement or
26  failure to comply with any condition of the agreement, or if
27  the agreement was based on materially inaccurate information,
28  the state land planning agency may terminate the agreement or
29  file suit to enforce the agreement as provided in this section
30  and s. 380.11, including a suit to enjoin all development.
31
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                                        CS/HB 757, First Engrossed
  1         10.  A notice of the preliminary development agreement
  2  shall be recorded by the developer in accordance with s.
  3  28.222 with the clerk of the circuit court for each county in
  4  which land covered by the terms of the agreement is located.
  5  The notice shall include a legal description of the land
  6  covered by the agreement and shall state the parties to the
  7  agreement, the date of adoption of the agreement and any
  8  subsequent amendments, the location where the agreement may be
  9  examined, and that the agreement constitutes a land
10  development regulation applicable to portions of the land
11  covered by the agreement.  The provisions of the agreement
12  shall inure to the benefit of and be binding upon successors
13  and assigns of the parties in the agreement.
14         11.  Except for those agreements which authorize
15  preliminary development for substantial deviations pursuant to
16  subsection (19), a developer who no longer wishes to pursue a
17  development of regional impact may propose to abandon any
18  preliminary development agreement executed after January 1,
19  1985, including those pursuant to s. 380.032(3), provided at
20  the time of abandonment:
21         a.  A final development order under this section has
22  been rendered that approves all of the development actually
23  constructed; or
24         b.  The amount of development is less than 100 80
25  percent of all numerical thresholds of the guidelines and
26  standards, and the state land planning agency determines in
27  writing that the development to date is in compliance with all
28  applicable local regulations and the terms and conditions of
29  the preliminary development agreement and otherwise adequately
30  mitigates for the impacts of the development to date.
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                                        CS/HB 757, First Engrossed
  1  In either event, when a developer proposes to abandon said
  2  agreement, the developer shall give written notice and state
  3  that he or she is no longer proposing a development of
  4  regional impact and provide adequate documentation that he or
  5  she has met the criteria for abandonment of the agreement to
  6  the state land planning agency.  Within 30 days of receipt of
  7  adequate documentation of such notice, the state land planning
  8  agency shall make its determination as to whether or not the
  9  developer meets the criteria for abandonment.  Once the state
10  land planning agency determines that the developer meets the
11  criteria for abandonment, the state land planning agency shall
12  issue a notice of abandonment which shall be recorded by the
13  developer in accordance with s. 28.222 with the clerk of the
14  circuit court for each county in which land covered by the
15  terms of the agreement is located.
16         Section 48.  (1)  Nothing contained in this act
17  abridges or modifies any vested or other right or any duty or
18  obligation pursuant to any development order or agreement that
19  is applicable to a development of regional impact on the
20  effective date of this act.  A development that has received a
21  development-of-regional-impact development order pursuant to
22  s. 380.06, Florida Statutes 2001, but is no longer required to
23  undergo development-of-regional-impact review by operation of
24  this act, shall be governed by the following procedures:
25         (a)  The development shall continue to be governed by
26  the development-of-regional-impact development order and may
27  be completed in reliance upon and pursuant to the development
28  order.  The development-of-regional-impact development order
29  may be enforced by the local government as provided by ss.
30  380.06(17) and 380.11, Florida Statutes 2001.
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                                        CS/HB 757, First Engrossed
  1         (b)  If requested by the developer or landowner, the
  2  development-of-regional-impact development order may be
  3  amended or rescinded by the local government consistent with
  4  the local comprehensive plan and land development regulations,
  5  and pursuant to the local government procedures governing
  6  local development orders.
  7         (2)  A development with an application for development
  8  approval pending on the effective date of this act, or a
  9  notification of proposed change pending on the effective date
10  of this act, may elect to continue such review pursuant to s.
11  380.06, Florida Statutes 2001.  At the conclusion of the
12  pending review, including any appeals pursuant to s. 380.07,
13  Florida Statutes 2001, the resulting development order shall
14  be governed by the provisions of subsection (1).
15         Section 49.  Paragraph (b) of subsection (1) of section
16  496.425, Florida Statutes, is amended to read:
17         496.425  Solicitation of funds within public
18  transportation facilities.--
19         (1)  As used in this section:
20         (b)  "Facility" means any public transportation
21  facility, including, but not limited to, railroad stations,
22  bus stations, ship ports, ferry terminals, and roadside
23  welcome stations, highway service plazas, airports served by
24  scheduled passenger service, or highway rest stations.
25         Section 50.  Section 496.4256, Florida Statutes, is
26  created to read:
27         496.4256  Public transportation facilities not required
28  to grant permit or access.--A governmental entity or authority
29  that owns or operates welcome centers, wayside parks, service
30  plazas, or rest areas on the State Highway System as defined
31  in chapter 335 shall not be required to issue a permit or
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                                        CS/HB 757, First Engrossed
  1  grant any person access to such public transportation
  2  facilities for the purpose of soliciting funds.
  3         Section 51.  Dori Slosberg Driver Education Safety
  4  Act.--Effective October 1, 2002, notwithstanding the
  5  provisions of s. 318.121, Florida Statutes, a board of county
  6  commissioners may require, by ordinance, that the clerk of the
  7  court collect an additional $3 with each civil traffic
  8  penalty, which shall be used to fund traffic education
  9  programs in public and nonpublic schools. The ordinance shall
10  provide for the board of county commissioners to administer
11  the funds. The funds shall be used for direct educational
12  expenses and shall not be used for administration. This
13  section may be cited as the "Dori Slosberg Driver Education
14  Safety Act."
15         Section 52.  Subsection (2) of section 2 of chapter
16  88-418, Laws of Florida, is amended to read:
17         Section 2.  Crandon Boulevard is hereby designated as a
18  state historic highway.  No public funds shall be expended
19  for:
20         (2)  The alteration of the physical dimensions or
21  location of Crandon Boulevard, the median strip thereof, or
22  the land adjacent thereto, except for:
23         (a)  The routine or emergency utilities maintenance
24  activities necessitated to maintain the road as a utility
25  corridor serving the village of Key Biscayne; or
26         (b)  The modification or improvements made to provide
27  for vehicular ingress and egress of governmental public safety
28  vehicles.
29         Section 53.  Except as otherwise provided herein, this
30  act shall take effect July 1, 2002.
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