Senate Bill sb1456c1

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    Florida Senate - 2004                           CS for SB 1456

    By the Committee on Governmental Oversight and Productivity;
    and Senator Sebesta




    302-2432-04

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending s. 20.23, F.S.;

  4         authorizing the secretary of the department to

  5         appoint an additional assistant secretary and

  6         deputy assistant secretaries or directors;

  7         revising the organization of the department to

  8         specify areas of program responsibility;

  9         authorizing the secretary to reorganize offices

10         within the department in consultation with the

11         Executive Office of the Governor; amending s.

12         110.205, F.S., relating to career service;

13         conforming provisions to changes made by the

14         act; removing the toll on Navarre Bridge in

15         Santa Rosa County; amending s. 338.251, F.S.;

16         authorizing the Emerald Coast Bridge Authority

17         to revise the repayment schedule of any

18         previous advances for funds from the Toll

19         Facilities Revolving Trust Fund within the

20         department; providing that such repayment

21         schedule is not a failure to repay under

22         certain conditions; amending s. 334.30, F.S.;

23         revising provisions for public-private

24         construction of transportation facilities;

25         providing procedures for requests for proposals

26         and receipt of unsolicited proposals by the

27         department; providing for use of certain funds

28         under described conditions; repealing s.

29         348.0004(2)(m), F.S., relating to an obsolete

30         provision authorizing expressway authorities to

31         enter into public-private transportation

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    Florida Senate - 2004                           CS for SB 1456
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 1         partnerships; amending s. 348.0004, F.S.;

 2         creating a new process for expressway

 3         authorities to enter into public-private

 4         partnerships with private entities; directing

 5         the expressway authorities to adopt rules

 6         related to the public-private partnerships;

 7         specifying public notice requirements;

 8         specifying that public-private entities may

 9         impose tolls on the new facilities, but the

10         expressway authority may regulate the amount

11         and use of such tolls; providing that the

12         Department of Transportation may loan funds

13         from the Toll Facilities Revolving Loan Trust

14         Fund for eligible projects; specifying project

15         requirements; authorizing an expressway

16         authority to exercise certain powers to

17         facilitate the partnership projects; providing

18         that intent of the act is not to amend or

19         impact other existing laws; providing an

20         effective date.

21  

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

23  

24         Section 1.  Paragraph (d) of subsection (1), subsection

25  (3), and paragraph (b) of subsection (4) of section 20.23,

26  Florida Statutes, are amended to read:

27         20.23  Department of Transportation.--There is created

28  a Department of Transportation which shall be a decentralized

29  agency.

30         (1)

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1         (d)  The secretary may shall appoint up to three two

 2  assistant secretaries who shall be directly responsible to the

 3  secretary and who shall perform such duties as are assigned by

 4  the secretary. The secretary may delegate to any assistant

 5  secretary the authority to act in the absence of the

 6  secretary.

 7         (3)(a)  The central office shall establish departmental

 8  policies, rules, procedures, and standards and shall monitor

 9  the implementation of such policies, rules, procedures, and

10  standards in order to ensure uniform compliance and quality

11  performance by the districts and central office units that

12  implement transportation programs.  Major transportation

13  policy initiatives or revisions shall be submitted to the

14  commission for review.

15         (b)  The secretary shall appoint an Assistant Secretary

16  for Transportation Development and Operations and an Assistant

17  Secretary for Transportation Support.

18         (b)(c)  The secretary may appoint positions at the

19  level of deputy assistant secretary or director which the

20  secretary deems necessary to accomplish the mission and goals

21  of the department, including, but not limited to, the areas of

22  program responsibility provided in this paragraph following

23  offices are established and shall be headed by a manager, each

24  of whom shall be appointed by and serve at the pleasure of the

25  secretary. The secretary may combine, separate, or delete

26  offices as needed in consultation with the Executive Office of

27  the Governor. The department's areas of program responsibility

28  include, but are not limited to positions shall be classified

29  at a level equal to a division director:

30         1.  The Office of Administration;

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1         2.  The Office of Planning and Environmental

 2  Management;

 3         3.  The Office of Design;

 4         4.  The Office of Highway operations;

 5         5.  The Office of Right-of-way;

 6         6.  The Office of Toll operations;

 7         7.  The Office of Information systems;

 8         8.  The Office of Motor carrier compliance;

 9         9.  The Office of Management and budget;

10         10.  The Office of Comptroller;

11         11.  The Office of Construction;

12         12.  The Office of Maintenance; and

13         13.  The Office of Materials.

14         (c)(d)  Other offices may be established in accordance

15  with s. 20.04(7). The heads of such offices are exempt from

16  part II of chapter 110. No office or organization shall be

17  created at a level equal to or higher than a division without

18  specific legislative authority.

19         (d)(e)  The secretary shall appoint an inspector

20  general pursuant to s. 20.055 who shall be directly

21  responsible to the secretary and shall serve at the pleasure

22  of the secretary.

23         (e)(f)  The secretary shall appoint a general counsel

24  who shall be directly responsible to the secretary. The

25  general counsel is responsible for all legal matters of the

26  department. The department may employ as many attorneys as it

27  deems necessary to advise and represent the department in all

28  transportation matters.

29         (g)  The secretary shall appoint a state transportation

30  development administrator. This position shall be classified

31  at a level equal to a deputy assistant secretary.

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    Florida Senate - 2004                           CS for SB 1456
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 1         (h)  The secretary shall appoint a state transportation

 2  operations administrator. This position shall be classified at

 3  a level equal to a deputy assistant secretary.

 4         (i)  The secretary shall appoint a state public

 5  transportation and modal administrator. This position shall be

 6  classified at a level equal to a deputy assistant secretary.

 7         (4)

 8         (b)  Each district secretary may appoint up to three a

 9  district directors director for transportation development, a

10  district director for transportation operations, and a

11  district director for transportation support or, until July 1,

12  2005, each district secretary may appoint up to four a

13  district directors director for planning and programming, a

14  district director for production, a district director for

15  operations, and a district director for administration. These

16  positions are exempt from part II of chapter 110.

17         Section 2.  Paragraphs (j) and (m) of subsection (2) of

18  section 110.205, Florida Statutes, are amended to read:

19         110.205  Career service; exemptions.--

20         (2)  EXEMPT POSITIONS.--The exempt positions that are

21  not covered by this part include the following:

22         (j)  The appointed secretaries, assistant secretaries,

23  deputy secretaries, and deputy assistant secretaries of all

24  departments; the executive directors, assistant executive

25  directors, deputy executive directors, and deputy assistant

26  executive directors of all departments; the directors of all

27  divisions and those positions determined by the department to

28  have managerial responsibilities comparable to such positions,

29  which positions include, but are not limited to, program

30  directors, assistant program directors, district

31  administrators, deputy district administrators, the Director

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    Florida Senate - 2004                           CS for SB 1456
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 1  of Central Operations Services of the Department of Children

 2  and Family Services, the State Transportation Development

 3  Administrator, State Public Transportation and Modal

 4  Administrator, district secretaries, district directors of

 5  transportation development, transportation operations,

 6  transportation support, and the managers of the offices

 7  specified in s. 20.23(3)(b) s. 20.23(3)(c), of the Department

 8  of Transportation. Unless otherwise fixed by law, the

 9  department shall set the salary and benefits of these

10  positions in accordance with the rules of the Senior

11  Management Service; and the county health department directors

12  and county health department administrators of the Department

13  of Health.

14         (m)  All assistant division director, deputy division

15  director, and bureau chief positions in any department, and

16  those positions determined by the department to have

17  managerial responsibilities comparable to such positions,

18  which positions include, but are not limited to:

19         1.  Positions in the Department of Health and the

20  Department of Children and Family Services that are assigned

21  primary duties of serving as the superintendent or assistant

22  superintendent of an institution.

23         2.  Positions in the Department of Corrections that are

24  assigned primary duties of serving as the warden, assistant

25  warden, colonel, or major of an institution or that are

26  assigned primary duties of serving as the circuit

27  administrator or deputy circuit administrator.

28         3.  Positions in the Department of Transportation that

29  are assigned primary duties of serving as regional toll

30  managers and managers of offices as defined in s. 20.23(3)(b)

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1  s. 20.23(3)(c) and (4)(d), and captains and majors of the

 2  Office of Motor Carrier Compliance.

 3         4.  Positions in the Department of Environmental

 4  Protection that are assigned the duty of an Environmental

 5  Administrator or program administrator.

 6         5.  Positions in the Department of Health that are

 7  assigned the duties of Environmental Administrator, Assistant

 8  County Health Department Director, and County Health

 9  Department Financial Administrator.

10  

11  Unless otherwise fixed by law, the department shall set the

12  salary and benefits of the positions listed in this paragraph

13  in accordance with the rules established for the Selected

14  Exempt Service.

15         Section 3.  Notwithstanding section 338.165, Florida

16  Statutes, or any other provision of law or rule, the

17  Department of Transportation may not collect a toll for use of

18  the Navarre Bridge in Santa Rosa County and a toll may not be

19  charged or collected on that bridge.

20         Section 4.  Subsection (12) is added to section

21  338.251, Florida Statutes, to read:

22         338.251  Toll Facilities Revolving Trust Fund.--The

23  Toll Facilities Revolving Trust Fund is hereby created for the

24  purpose of encouraging the development and enhancing the

25  financial feasibility of revenue-producing road projects

26  undertaken by local governmental entities in a county or

27  combination of contiguous counties and the turnpike

28  enterprise.

29         (12)  Notwithstanding subsection (4), by agreement with

30  the department, the Emerald Coast Bridge Authority may revise

31  the repayment schedule of any previous advances, which may not

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    Florida Senate - 2004                           CS for SB 1456
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 1  be considered a failure to repay if the effort to undertake a

 2  revenue-producing road project is being conducted in good

 3  faith and all other requirements of law are met.

 4         Section 5.  Section 334.30, Florida Statutes, is

 5  amended to read:

 6         334.30  Public-private Private transportation

 7  facilities.--The Legislature hereby finds and declares that

 8  there is a public need for rapid construction of safe and

 9  efficient transportation facilities for the purpose of travel

10  within the state, and that it is in the public's interest to

11  provide for the construction of additional safe, convenient,

12  and economical transportation facilities.

13         (1)  The department may receive or solicit proposals

14  and, with legislative approval as evidenced by approval of the

15  project in the department's work program by a separate bill

16  for each facility, enter into agreements with private

17  entities, or consortia thereof, for the building, operation,

18  ownership, or financing of transportation facilities. The

19  department may advance projects programmed in the adopted

20  5-year work program using funds provided by public-private

21  partnerships or private entities to be reimbursed from

22  department funds for the project as programmed in the adopted

23  work program. The department shall by rule establish an

24  application fee for the submission of proposals under this

25  section. The fee must be sufficient to pay the costs of

26  evaluating the proposals. The department may engage the

27  services of private consultants to assist in the evaluation.

28  Before seeking legislative approval, the department must

29  determine that the proposed project:

30         (a)  Is in the public's best interest;

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1         (b)  Would not require state funds to be used unless

 2  the project is on the State Highway System there is an

 3  overriding state interest; and

 4         (c)  Would have adequate safeguards in place to ensure

 5  that no additional costs or service disruptions would be

 6  realized by the traveling public and citizens of the state in

 7  the event of default or cancellation of the agreement by the

 8  department.

 9  

10  The department shall ensure that all reasonable costs to the

11  state and substantially affected local governments and

12  utilities, related to the private transportation facilities

13  that are not part of the State Highway System facility, are

14  borne by the private entity. The department shall also ensure

15  that all reasonable costs to the state and substantially

16  affected local governments and utilities, related to the

17  private transportation facility, are borne by the private

18  entity for transportation facilities that are owned by private

19  entities. For projects on the State Highway System, the

20  department may use state resources to participate in funding

21  and financing the project as provided for under the

22  department's enabling legislation.

23         (2)  Agreements entered into pursuant to this section

24  may authorize the private entity to impose tolls or fares for

25  the use of the facility.  However, the amount and use of toll

26  or fare revenues may be regulated by the department to avoid

27  unreasonable costs to users of the facility.

28         (3)  Each private transportation facility constructed

29  pursuant to this section shall comply with all requirements of

30  federal, state, and local laws; state, regional, and local

31  comprehensive plans; department rules, policies, procedures,

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    Florida Senate - 2004                           CS for SB 1456
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 1  and standards for transportation facilities; and any other

 2  conditions which the department determines to be in the

 3  public's best interest.

 4         (4)  The department may exercise any power possessed by

 5  it, including eminent domain, with respect to the development

 6  and construction of state transportation projects to

 7  facilitate the development and construction of transportation

 8  projects pursuant to this section.  The department may provide

 9  services to the private entity.  Agreements for maintenance,

10  law enforcement, and other services entered into pursuant to

11  this section shall provide for full reimbursement for services

12  rendered for projects not on the State Highway System.

13         (5)  Except as herein provided, the provisions of this

14  section are not intended to amend existing laws by granting

15  additional powers to, or further restricting, local

16  governmental entities from regulating and entering into

17  cooperative arrangements with the private sector for the

18  planning, construction, and operation of transportation

19  facilities.

20         (6)  The department may request proposals from private

21  entities for public-private transportation projects or, if the

22  department receives an unsolicited proposal, the department

23  shall publish a notice in the Florida Administrative Weekly

24  and a newspaper of general circulation at least once a week

25  for 2 weeks stating that the department has received the

26  proposal and will accept, for 60 days after the initial date

27  of publication, other proposals for the same project purpose.

28  A copy of the notice must be mailed to each local government

29  in the affected area. After the public notification period has

30  expired, the department shall rank the proposals in order of

31  preference. In ranking the proposals the department may

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    Florida Senate - 2004                           CS for SB 1456
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 1  consider factors, including, but not limited to, professional

 2  qualifications, general business terms, innovative engineering

 3  or cost-reduction terms, finance plans, and the need for state

 4  funds to deliver the project. If the department is not

 5  satisfied with the results of the negotiations, the department

 6  may, at its sole discretion, terminate negotiations with the

 7  proposer. If these negotiations are unsuccessful, the

 8  department may go to the second-ranked and lower-ranked firms,

 9  in order, using this same procedure. If only one proposal is

10  received, the department may negotiate in good faith and, if

11  the department is not satisfied with the results of the

12  negotiations, the department may, at its sole discretion,

13  terminate negotiations with the proposer. Notwithstanding this

14  subsection, the department may, at its discretion, reject all

15  proposals at any point in the process up to completion of a

16  contract with the proposer.

17         (7)  The department may lend funds from the Toll

18  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

19  private entities that construct projects on the State Highway

20  System containing toll facilities that are approved under this

21  section. To be eligible, a private entity must comply with s.

22  338.251 and must provide an indication from a nationally

23  recognized rating agency that the senior bonds for the project

24  will be investment grade, or must provide credit support such

25  as a letter of credit or other means acceptable to the

26  department, to ensure that the loans will be fully repaid. The

27  state's liability for the funding of a facility is limited to

28  the amount approved for that specific facility in the

29  department's 5-year work program adopted pursuant to s.

30  339.135.

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1         (8)(6)  A fixed-guideway transportation system

 2  authorized by the department to be wholly or partially within

 3  the department's right-of-way pursuant to a lease granted

 4  under s. 337.251 may operate at any safe speed.

 5         Section 6.  Paragraph (m) of subsection (2) of section

 6  348.0004, Florida Statutes, is repealed.

 7         Section 7.  Subsection (9) is added to section

 8  348.0004, Florida Statutes, to read:

 9         348.0004  Purposes and powers.--

10         (9)  The Legislature declares that there is a public

11  need for rapid construction of safe and efficient

12  transportation facilities for travel within the state and that

13  it is in the public's interest to provide for public-private

14  partnership agreements to effectuate the construction of

15  additional safe, convenient, and economical transportation

16  facilities.

17         (a)  Any expressway authority may receive or solicit

18  proposals and enter into agreements with private entities, or

19  consortia thereof, for the building, operation, ownership, or

20  financing of expressway authority transportation facilities or

21  new transportation facilities within the jurisdiction of the

22  expressway authority. An expressway authority is authorized to

23  adopt rules to implement this subsection and shall, by rule,

24  establish an application fee for the submission of unsolicited

25  proposals under this subsection. The fee must be sufficient to

26  pay the costs of evaluating the proposals. An expressway

27  authority may engage private consultants to assist in the

28  evaluation. Before approval, an expressway authority must

29  determine that a proposed project:

30         1.  Is in the public's best interest.

31  

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    Florida Senate - 2004                           CS for SB 1456
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 1         2.  Would not require state funds to be used unless the

 2  project is on or provides increased mobility on the State

 3  Highway System.

 4         3.  Would have adequate safeguards to ensure that no

 5  additional costs or service disruptions would be realized by

 6  the traveling public and citizens of the state in the event of

 7  default or the cancellation of the agreement by the expressway

 8  authority.

 9         (b)  An expressway authority shall ensure that all

10  reasonable costs to the state, related to transportation

11  facilities that are not part of the State Highway System, are

12  borne by the private entity. An expressway authority shall

13  also ensure that all reasonable costs to the state and

14  substantially affected local governments and utilities related

15  to the private transportation facility are borne by the

16  private entity for transportation facilities that are owned by

17  private entities.  For projects on the State Highway System,

18  the department may use state resources to participate in

19  funding and financing the project as provided for under the

20  department's enabling legislation.

21         (c)  The expressway authority may request proposals for

22  public-private transportation projects or, if it receives an

23  unsolicited proposal, it must publish a notice in the Florida

24  Administrative Weekly and a newspaper of general circulation

25  in the county in which it is located at least once a week for

26  2 weeks, stating that it has received the proposal and will

27  accept, for 60 days after the initial date of publication,

28  other proposals for the same project purpose. A copy of the

29  notice must be mailed to each local government in the affected

30  areas. After the public notification period has expired, the

31  expressway authority shall rank the proposals in order of

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    Florida Senate - 2004                           CS for SB 1456
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 1  preference. In ranking the proposals, the expressway authority

 2  shall consider professional qualifications, general business

 3  terms, innovative engineering or cost-reduction terms, finance

 4  plans, and the need for state funds to deliver the proposal.

 5  If the expressway authority is not satisfied with the results

 6  of the negotiations, it may, at its sole discretion, terminate

 7  negotiations with the proposer. If these negotiations are

 8  unsuccessful, the expressway authority may go to the second

 9  and lower-ranked firms, in order, using the same procedure. If

10  only one proposal is received, the expressway authority may

11  negotiate in good faith, and if it is not satisfied with the

12  results, it may, at its sole discretion, terminate

13  negotiations with the proposer. Notwithstanding this

14  paragraph, the expressway authority may, at its discretion,

15  reject all proposals at any point in the process up to

16  completion of a contract with the proposer.

17         (d)  The department may lend funds from the Toll

18  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

19  public-private partnerships. To be eligible a private entity

20  must comply with s. 338.251 and must provide an indication

21  from a nationally recognized rating agency that the senior

22  bonds for the project will be investment grade or must provide

23  credit support, such as a letter of credit or other means

24  acceptable to the department, to ensure that the loans will be

25  fully repaid.

26         (e)  Agreements entered into pursuant to this

27  subsection may authorize the public-private entity to impose

28  tolls or fares for the use of the facility. However, the

29  amount and use of toll or fare revenues may be regulated by

30  the expressway authority to avoid unreasonable costs to users

31  of the facility.

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 1         (f)  Each public-private transportation facility

 2  constructed pursuant to this subsection shall comply with all

 3  requirements of federal, state, and local laws; state,

 4  regional, and local comprehensive plans; the expressway

 5  authority's rules, policies, procedures, and standards for

 6  transportation facilities; and any other conditions that the

 7  expressway authority determines to be in the public's best

 8  interest.

 9         (g)  An expressway authority may exercise any power

10  possessed by it, including eminent domain, to facilitate the

11  development and construction of transportation projects

12  pursuant to this subsection. An expressway authority may pay

13  all or part of the cost of operating and maintaining the

14  facility or may provide services to the private entity for

15  which it receives full or partial reimbursement for services

16  rendered.

17         (h)  Except as herein provided, this subsection is not

18  intended to amend existing laws by granting additional powers

19  to or further restricting the governmental entities from

20  regulating and entering into cooperative arrangements with the

21  private sector for the planning, construction, and operation

22  of transportation facilities.

23         Section 8.  This act shall take effect upon becoming a

24  law.

25  

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    Florida Senate - 2004                           CS for SB 1456
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1456

 3                                 

 4  The CS removes the tolls from the Navarre Bridge and permits a
    continuation of the indebtedness assumed by the predecessor
 5  entity to the Emerald Coast Area Bridge Authority. The CS
    further authorizes both the Florida Department of
 6  Transportation and the several expressway authorities to enter
    into public-private partnerships for highway capacity
 7  expansion using alternative means. Limitations and
    preconditions are provided on the use of such partnerships.
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