| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Transportation; |
| 3 | amending s. 332.007, F.S.; authorizing the department to |
| 4 | fund certain eligible aviation planning projects to be |
| 5 | performed by not-for-profit organizations representing a |
| 6 | majority of public airports; amending s. 337.11, F.S.; |
| 7 | providing for department contracts to use written work |
| 8 | orders pursuant to certain contingency items or |
| 9 | supplemental agreements; removing requirement for surety |
| 10 | approval of supplemental agreements; limiting liability of |
| 11 | the surety when unapproved contract changes exceed a |
| 12 | certain amount; providing purposes for the use of written |
| 13 | work orders; revising criteria for use of supplemental |
| 14 | agreements in department contracts; creating s. 337.195, |
| 15 | F.S.; limiting liability under certain circumstances of a |
| 16 | contractor who constructs or repairs a highway, road, |
| 17 | street, or bridge for the department; amending s. 337.251, |
| 18 | F.S.; authorizing the department to adopt rules governing |
| 19 | the leasing of property for joint public-private |
| 20 | development; amending s. 339.55, F.S.; establishing a |
| 21 | limit on state-funded infrastructure bank loans to the |
| 22 | State Transportation Trust Fund; amending s. 339.61, F.S.; |
| 23 | revising legislative intent for transportation facilities |
| 24 | comprising the Strategic Intermodal System; adding |
| 25 | economic development and job growth as criteria for |
| 26 | projects; amending s. 339.62, F.S.; adding planned |
| 27 | facilities meeting certain criteria and thresholds to |
| 28 | components of the Strategic Intermodal System; amending s. |
| 29 | 339.64, F.S.; directing the Florida Transportation |
| 30 | Commission to include as part of its annual work program |
| 31 | review an assessment of the department's progress on the |
| 32 | Strategic Intermodal System; requiring an annual report; |
| 33 | directing the department to coordinate with federal, |
| 34 | regional, and local entities for transportation planning |
| 35 | impacting military installations; requiring the Strategic |
| 36 | Intermodal System Plan to include an assessment of the |
| 37 | impacts of proposed projects on military installations; |
| 38 | adding a military representative to the Governor's |
| 39 | appointees to the Statewide Intermodal Transportation |
| 40 | Advisory Council; amending s. 373.4137, F.S.; revising |
| 41 | requirements for projects intended to mitigate the adverse |
| 42 | effects of transportation projects; removing the |
| 43 | Department of Environmental Protection from the mitigation |
| 44 | process; revising requirements for the Department of |
| 45 | Transportation and transportation authorities with respect |
| 46 | to submitting plans and inventories; authorizing the use |
| 47 | of current-year funds for future projects; revising the |
| 48 | requirements for reconciling escrow accounts used to fund |
| 49 | mitigation projects; authorizing payments to a water |
| 50 | management district to fund the costs of future |
| 51 | maintenance and monitoring; requiring specified lump-sum |
| 52 | payments to be used for the mitigation costs of certain |
| 53 | projects; authorizing a governing board of a water |
| 54 | management district to approve the use of mitigation funds |
| 55 | for certain future projects; requiring that mitigation |
| 56 | plans be approved by the water management district rather |
| 57 | than the Department of Environmental Protection; providing |
| 58 | an effective date. |
| 59 |
|
| 60 | Be It Enacted by the Legislature of the State of Florida: |
| 61 |
|
| 62 | Section 1. Subsection (10) is added to section 332.007, |
| 63 | Florida Statutes, to read: |
| 64 | 332.007 Administration and financing of aviation and |
| 65 | airport programs and projects; state plan.-- |
| 66 | (10) The department may also fund eligible projects |
| 67 | performed by not-for-profit organizations that represent a |
| 68 | majority of public airports in the state. Eligible projects may |
| 69 | include activities associated with aviation master planning, |
| 70 | professional education, safety and security planning, enhancing |
| 71 | economic development and efficiency at the state's airports, or |
| 72 | other planning efforts to improve the viability of the state's |
| 73 | airports. |
| 74 | Section 2. Paragraphs (a) and (b) of subsection (8) of |
| 75 | section 337.11, Florida Statutes, are amended to read: |
| 76 | 337.11 Contracting authority of department; bids; |
| 77 | emergency repairs, supplemental agreements, written work orders, |
| 78 | and change orders; combined design and construction contracts; |
| 79 | progress payments; records; requirements of vehicle |
| 80 | registration.-- |
| 81 | (8)(a) The department shall permit the use of written |
| 82 | supplemental agreements, written work orders pursuant to a |
| 83 | contingency pay item or contingency supplemental agreement, and |
| 84 | written change orders to any contract entered into by the |
| 85 | department. Any supplemental agreement shall be reduced to |
| 86 | written contract form, approved by the contractor's surety, and |
| 87 | executed by the contractor and the department. Any supplemental |
| 88 | agreement modifying any item in the original contract must be |
| 89 | approved by the head of the department, or his or her designee, |
| 90 | and executed by the appropriate person designated by him or her. |
| 91 | Any surety issuing a bond pursuant to s. 337.18 shall be fully |
| 92 | liable under such surety bond to the full extent of any modified |
| 93 | contract amount up to and including 25 percent over the original |
| 94 | contract amount, and without regard to the fact that the surety |
| 95 | was not aware of or approved such modifications. However, if |
| 96 | modifications of the original contract amount cumulatively |
| 97 | result in modifications of the contract amount in excess of 25 |
| 98 | percent of the original contract amount, the surety's approval |
| 99 | shall be required to bind the surety under the bond on that |
| 100 | portion in excess of 25 percent of the original contract amount. |
| 101 | (b) Supplemental agreements and written work orders |
| 102 | pursuant to a contingency pay item or contingency supplemental |
| 103 | agreement shall be used to clarify the plans and specifications |
| 104 | of a contract; to provide for major quantity differences which |
| 105 | result in the contractor's work effort exceeding the original |
| 106 | contract amount by more than 5 percent; to provide for |
| 107 | unforeseen work, grade changes, or alterations in plans which |
| 108 | could not reasonably have been contemplated or foreseen in the |
| 109 | original plans and specifications; to change the limits of |
| 110 | construction to meet field conditions; to provide a safe and |
| 111 | functional connection to an existing pavement; to settle |
| 112 | contract claims; and to make the project functionally |
| 113 | operational in accordance with the intent of the original |
| 114 | contract. Supplemental agreements may be used to expand the |
| 115 | physical limits of a project only to the extent necessary to |
| 116 | make the project functionally operational in accordance with the |
| 117 | intent of the original contract. The cost of any such agreement |
| 118 | extending the physical limits of a project shall not exceed |
| 119 | $100,000 or 10 percent of the original contract price, whichever |
| 120 | is greater. |
| 121 | Section 3. Section 337.195, Florida Statutes, is created |
| 122 | to read: |
| 123 | 337.195 Contractor liability.--A contractor who constructs |
| 124 | or repairs a highway, road, street, or bridge for the department |
| 125 | is not liable to a claimant for personal injury, property |
| 126 | damage, or death arising from the performance of the |
| 127 | construction or repair if, at the time of the personal injury, |
| 128 | property damage, or death, the contractor is in compliance with |
| 129 | contract documents material to the condition or defect that was |
| 130 | the proximate cause of the personal injury, property damage, or |
| 131 | death. |
| 132 | Section 4. Subsection (10) is added to section 337.251, |
| 133 | Florida Statutes, to read: |
| 134 | 337.251 Lease of property for joint public-private |
| 135 | development and areas above or below department property.-- |
| 136 | (10) The department may adopt rules to administer the |
| 137 | provisions of this section. |
| 138 | Section 5. Subsection (2) of section 339.55, Florida |
| 139 | Statutes, is amended to read: |
| 140 | 339.55 State-funded infrastructure bank.-- |
| 141 | (2) The bank may lend capital costs or provide credit |
| 142 | enhancements for a transportation facility project that is on |
| 143 | the State Highway System or that provides for increased mobility |
| 144 | on the state's transportation system or provides intermodal |
| 145 | connectivity with airports, seaports, rail facilities, and other |
| 146 | transportation terminals, pursuant to s. 341.053, for the |
| 147 | movement of people and goods. Loans from the bank may be |
| 148 | subordinated to senior project debt that has an investment grade |
| 149 | rating of "BBB" or higher. Notwithstanding any other provision |
| 150 | of law, the total outstanding state-funded infrastructure bank |
| 151 | loan repayments over the average term of the loan repayment |
| 152 | period, as needed to meet the requirements of the documents |
| 153 | authorizing the bonds issued or proposed to be issued under s. |
| 154 | 215.617 to be paid from the State Transportation Trust Fund, may |
| 155 | not exceed 0.75 percent of the revenues deposited into the State |
| 156 | Transportation Trust Fund. |
| 157 | Section 6. Section 339.61, Florida Statutes, is amended to |
| 158 | read: |
| 159 | 339.61 Florida Strategic Intermodal System; legislative |
| 160 | findings, declaration, and intent.-- |
| 161 | (1) There is hereby created the Florida Strategic |
| 162 | Intermodal System. For purposes of funding projects under the |
| 163 | system, the department shall allocate from the State |
| 164 | Transportation Trust Fund in its program and resource plan a |
| 165 | minimum of $60 million each year, beginning in the 2004-2005 |
| 166 | fiscal year. This allocation of funds is in addition to any |
| 167 | funding provided to this system by any other provision of law. |
| 168 | (2) The Legislature finds that increasing demands are |
| 169 | continuing to be placed on the state's transportation system by |
| 170 | a fast-growing economy, continued population growth, and |
| 171 | projected increases in freight movement, international trade, |
| 172 | and tourism. The Legislature also finds that the state's growing |
| 173 | regional and intercity economic centers will increase the demand |
| 174 | for interregional and intercity travel and that the evolving |
| 175 | service-based and information-based industries will change the |
| 176 | type of transportation system that business and industry demand, |
| 177 | increasing the importance of speed and reliability. The |
| 178 | Legislature further finds that our transportation system must be |
| 179 | designed and operated in such a way that it preserves the |
| 180 | abundance of natural and manmade amenities that have been so |
| 181 | successful in attracting new residents, businesses, and tourists |
| 182 | to this state. Therefore, the Legislature declares that the |
| 183 | designation of a strategic intermodal system, composed of |
| 184 | facilities and services of statewide and interregional |
| 185 | significance, will efficiently serve the mobility needs of |
| 186 | Florida's citizens, businesses, and visitors and will help |
| 187 | Florida become a worldwide economic leader, enhance economic |
| 188 | prosperity and competitiveness, enrich quality of life, and |
| 189 | reflect responsible environmental stewardship. To that end, it |
| 190 | is the intent of the Legislature that the Strategic Intermodal |
| 191 | System consist of transportation facilities that meet a |
| 192 | strategic and essential state interest and help generate |
| 193 | economic development and job growth and that limited resources |
| 194 | available for the implementation of statewide and interregional |
| 195 | transportation priorities be focused on that system. |
| 196 | Section 7. Subsection (7) is added to section 339.62, |
| 197 | Florida Statutes, to read: |
| 198 | 339.62 System components.--The Strategic Intermodal System |
| 199 | shall consist of appropriate components of: |
| 200 | (7) Planned facilities, defined as transportation |
| 201 | infrastructure that is projected to meet all applicable criteria |
| 202 | and thresholds within the first 3 years of operation, has the |
| 203 | consensus support of transportation partners to implement the |
| 204 | project, and is financially feasible as demonstrated by |
| 205 | inclusion in the department's work program or some other |
| 206 | appropriate plan. |
| 207 | Section 8. Subsections (2), (3), and (4) and paragraph (b) |
| 208 | of subsection (5) of section 339.64, Florida Statutes, are |
| 209 | amended to read: |
| 210 | 339.64 Strategic Intermodal System Plan.-- |
| 211 | (2) In association with the continued development of the |
| 212 | initial Strategic Intermodal System Plan and other |
| 213 | transportation plans, the Florida Transportation Commission as |
| 214 | part of its work program review process shall conduct an annual |
| 215 | assessment of the progress the department and its transportation |
| 216 | partners have made in realizing the goals of economic |
| 217 | development, improved mobility, and increased intermodal |
| 218 | connectivity need for an improved philosophical approach to |
| 219 | regional and intermodal input in the planning for and governing |
| 220 | of the Strategic Intermodal System and other transportation |
| 221 | systems. The Florida Transportation Commission shall coordinate |
| 222 | with the department, the Statewide Intermodal Transportation |
| 223 | Advisory Council, and other appropriate entities when developing |
| 224 | this assessment. The Florida Transportation Commission shall |
| 225 | deliver a report to the Governor and Legislature no later than |
| 226 | 14 days after the regular session of the Legislature begins by |
| 227 | December 15, 2003, with recommendations as necessary to fully |
| 228 | implement the Strategic Intermodal System. |
| 229 | (3)(a) During the development of updates to the Strategic |
| 230 | Intermodal System Plan and the development of all subsequent |
| 231 | updates, the department shall provide metropolitan planning |
| 232 | organizations, regional planning councils, local governments, |
| 233 | transportation providers, affected public agencies, and citizens |
| 234 | with an opportunity to participate in and comment on the |
| 235 | development of the proposed plan or update. |
| 236 | (b) The department also shall coordinate with federal, |
| 237 | regional, and local partners the planning for the Strategic |
| 238 | Highway Network and the Strategic Rail Corridor Network |
| 239 | transportation facilities that either are included in the |
| 240 | Strategic Intermodal System or provide a direct connection |
| 241 | between military installations and the Strategic Intermodal |
| 242 | System. In addition, the department shall coordinate with |
| 243 | regional and local partners to determine whether the road and |
| 244 | other transportation infrastructure that connect military |
| 245 | installations to the Strategic Intermodal System, the Strategic |
| 246 | Highway Network, or the Strategic Rail Corridor are regionally |
| 247 | significant and should be included in the Strategic Intermodal |
| 248 | System Plan. |
| 249 | (4) The Strategic Intermodal System Plan shall include the |
| 250 | following: |
| 251 | (a) A needs assessment. |
| 252 | (b) A project prioritization process. |
| 253 | (c) A map of facilities designated as Strategic Intermodal |
| 254 | System facilities, and facilities that are emerging in |
| 255 | importance that are likely to become part of the system in the |
| 256 | future, and planned facilities that will meet the established |
| 257 | criteria. |
| 258 | (d) A finance plan based on reasonable projections of |
| 259 | anticipated revenues, including both 10-year and 20-year cost- |
| 260 | feasible components. |
| 261 | (e) An assessment of the impacts of proposed improvements |
| 262 | to Strategic Intermodal System corridors on military |
| 263 | installations that are either located directly on the Strategic |
| 264 | Intermodal System or located on the Strategic Highway Network or |
| 265 | Strategic Rail Corridor Network. |
| 266 | (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY |
| 267 | COUNCIL.-- |
| 268 | (b) MEMBERSHIP.--Members of the Statewide Intermodal |
| 269 | Transportation Advisory Council shall consist of the following: |
| 270 | 1. Six Five intermodal industry representatives selected |
| 271 | by the Governor as follows: |
| 272 | a. One representative from an airport involved in the |
| 273 | movement of freight and people from their airport facility to |
| 274 | another transportation mode. |
| 275 | b. One individual representing a fixed-route, local- |
| 276 | government transit system. |
| 277 | c. One representative from an intercity bus company |
| 278 | providing regularly scheduled bus travel as determined by |
| 279 | federal regulations. |
| 280 | d. One representative from a spaceport. |
| 281 | e. One representative from intermodal trucking companies. |
| 282 | f. One representative with command responsibilities of a |
| 283 | major military installation. |
| 284 | 2. Three intermodal industry representatives selected by |
| 285 | the President of the Senate as follows: |
| 286 | a. One representative from major-line railroads. |
| 287 | b. One representative from seaports listed in s. 311.09(1) |
| 288 | from the Atlantic Coast. |
| 289 | c. One representative from an airport involved in the |
| 290 | movement of freight and people from their airport facility to |
| 291 | another transportation mode. |
| 292 | 3. Three intermodal industry representatives selected by |
| 293 | the Speaker of the House of Representatives as follows: |
| 294 | a. One representative from short-line railroads. |
| 295 | b. One representative from seaports listed in s. 311.09(1) |
| 296 | from the Gulf Coast. |
| 297 | c. One representative from intermodal trucking companies. |
| 298 | In no event may this representative be employed by the same |
| 299 | company that employs the intermodal trucking company |
| 300 | representative selected by the Governor. |
| 301 | Section 9. Section 373.4137, Florida Statutes, is amended |
| 302 | to read: |
| 303 | 373.4137 Mitigation requirements for specified |
| 304 | transportation projects.-- |
| 305 | (1) The Legislature finds that environmental mitigation |
| 306 | for the impact of transportation projects proposed by the |
| 307 | Department of Transportation or a transportation authority |
| 308 | established pursuant to chapter 348 or chapter 349 can be more |
| 309 | effectively achieved by regional, long-range mitigation planning |
| 310 | rather than on a project-by-project basis. It is the intent of |
| 311 | the Legislature that mitigation to offset the adverse effects of |
| 312 | these transportation projects be funded by the Department of |
| 313 | Transportation and be carried out by the Department of |
| 314 | Environmental Protection and the water management districts, |
| 315 | including the use of mitigation banks established pursuant to |
| 316 | this part. |
| 317 | (2) Environmental impact inventories for transportation |
| 318 | projects proposed by the Department of Transportation or a |
| 319 | transportation authority established pursuant to chapter 348 or |
| 320 | chapter 349 shall be developed as follows: |
| 321 | (a) By July May 1 of each year, the Department of |
| 322 | Transportation or a transportation authority established |
| 323 | pursuant to chapter 348 or chapter 349 shall submit to the |
| 324 | Department of Environmental Protection and the water management |
| 325 | districts a copy of its adopted work program and an |
| 326 | environmental impact inventory of habitats addressed in the |
| 327 | rules adopted tentatively, pursuant to this part and s. 404 of |
| 328 | the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted by |
| 329 | its plan of construction for transportation projects in the next |
| 330 | 3 years of the tentative work program. The Department of |
| 331 | Transportation or a transportation authority established |
| 332 | pursuant to chapter 348 or chapter 349 may also include in its |
| 333 | environmental impact inventory the habitat impacts of any future |
| 334 | transportation project identified in the tentative work program. |
| 335 | The Department of Transportation and each transportation |
| 336 | authority established pursuant to chapter 348 or chapter 349 may |
| 337 | fund any mitigation activities for future projects using |
| 338 | current-year funds. |
| 339 | (b) The environmental impact inventory shall include a |
| 340 | description of these habitat impacts, including their location, |
| 341 | acreage, and type; state water quality classification of |
| 342 | impacted wetlands and other surface waters; any other state or |
| 343 | regional designations for these habitats; and a survey of |
| 344 | threatened species, endangered species, and species of special |
| 345 | concern affected by the proposed project. |
| 346 | (3)(a) To fund development and implementation of the |
| 347 | mitigation plan for the projected impacts identified in the |
| 348 | environmental impact inventory described in subsection (2), the |
| 349 | Department of Transportation shall identify funds quarterly in |
| 350 | an escrow account within the State Transportation Trust Fund for |
| 351 | the environmental mitigation phase of projects budgeted by the |
| 352 | Department of Transportation for the current fiscal year. The |
| 353 | escrow account shall be maintained by the Department of |
| 354 | Transportation for the benefit of the Department of |
| 355 | Environmental Protection and the water management districts. Any |
| 356 | interest earnings from the escrow account shall remain with the |
| 357 | Department of Transportation. |
| 358 | (b) Each transportation authority established pursuant to |
| 359 | chapter 348 or chapter 349 that chooses to participate in this |
| 360 | program shall create an escrow account within its financial |
| 361 | structure and deposit funds in the account to pay for the |
| 362 | environmental mitigation phase of projects budgeted for the |
| 363 | current fiscal year. The escrow account shall be maintained by |
| 364 | the authority for the benefit of the Department of Environmental |
| 365 | Protection and the water management districts. Any interest |
| 366 | earnings from the escrow account shall remain with the |
| 367 | authority. |
| 368 | (c) Except for current mitigation projects in the |
| 369 | monitoring and maintenance phase and except as allowed by |
| 370 | paragraph (d), the Department of Environmental Protection or |
| 371 | water management districts may request a transfer of funds from |
| 372 | an escrow account no sooner than 30 days prior to the date the |
| 373 | funds are needed to pay for activities associated with |
| 374 | development or implementation of the approved mitigation plan |
| 375 | described in subsection (4) for the current fiscal year, |
| 376 | including, but not limited to, design, engineering, production, |
| 377 | and staff support. Actual conceptual plan preparation costs |
| 378 | incurred before plan approval may be submitted to the Department |
| 379 | of Transportation or the appropriate transportation authority |
| 380 | and the Department of Environmental Protection by November 1 of |
| 381 | each year with the plan. The conceptual plan preparation costs |
| 382 | of each water management district will be paid from mitigation |
| 383 | funds associated with the environmental impact inventory for the |
| 384 | current year based on the amount approved on the mitigation plan |
| 385 | and allocated to the current fiscal year projects identified by |
| 386 | the water management district. The amount transferred to the |
| 387 | escrow accounts each year by the Department of Transportation |
| 388 | and participating transportation authorities established |
| 389 | pursuant to chapter 348 or chapter 349 shall correspond to a |
| 390 | cost per acre of $75,000 multiplied by the projected acres of |
| 391 | impact identified in the environmental impact inventory |
| 392 | described in subsection (2). However, the $75,000 cost per acre |
| 393 | does not constitute an admission against interest by the state |
| 394 | or its subdivisions nor is the cost admissible as evidence of |
| 395 | full compensation for any property acquired by eminent domain or |
| 396 | through inverse condemnation. Each July 1, the cost per acre |
| 397 | shall be adjusted by the percentage change in the average of the |
| 398 | Consumer Price Index issued by the United States Department of |
| 399 | Labor for the most recent 12-month period ending September 30, |
| 400 | compared to the base year average, which is the average for the |
| 401 | 12-month period ending September 30, 1996. Each quarter At the |
| 402 | end of each year, the projected acreage of impact shall be |
| 403 | reconciled with the acreage of impact of projects as permitted, |
| 404 | including permit modifications, pursuant to this part and s. 404 |
| 405 | of the Clean Water Act, 33 U.S.C. s. 1344. The subject year's |
| 406 | transfer of funds shall be adjusted accordingly to reflect the |
| 407 | acreage of impacts as permitted overtransfer or undertransfer of |
| 408 | funds from the preceding year. The Department of Transportation |
| 409 | and participating transportation authorities established |
| 410 | pursuant to chapter 348 or chapter 349 are authorized to |
| 411 | transfer such funds from the escrow accounts to the Department |
| 412 | of Environmental Protection and the water management districts |
| 413 | to carry out the mitigation programs. For a mitigation project |
| 414 | that is in the maintenance and monitoring phase, the water |
| 415 | management district may request and receive a one-time payment |
| 416 | based on the project's expected future maintenance and |
| 417 | monitoring costs. Upon disbursement of the final maintenance and |
| 418 | monitoring payment, the escrow account for the project |
| 419 | established by the Department of Transportation or the |
| 420 | participating transportation authority may be closed. Any |
| 421 | interest earned on these disbursed funds shall remain with the |
| 422 | water management district and must be used as authorized under |
| 423 | paragraph (4)(c). |
| 424 | (d) Beginning in the 2005-2006 fiscal year, each water |
| 425 | management district shall be paid a lump-sum amount of $75,000 |
| 426 | per acre, adjusted as provided under paragraph (c), for |
| 427 | federally funded transportation projects that are included on |
| 428 | the environmental impact inventory and that have an approved |
| 429 | mitigation plan. Beginning in the 2009-2010 fiscal year, each |
| 430 | water management district shall be paid a lump-sum amount of |
| 431 | $75,000 per acre, adjusted as provided under paragraph (c), for |
| 432 | federally funded and nonfederally funded transportation projects |
| 433 | that have an approved mitigation plan. All mitigation costs, |
| 434 | including, but not limited to, the costs of preparing conceptual |
| 435 | plans and the costs of design, construction, staff support, |
| 436 | future maintenance, and monitoring the mitigated acres, shall be |
| 437 | funded through these lump-sum amounts. |
| 438 | (4) Prior to March December 1 of each year, each water |
| 439 | management district, in consultation with the Department of |
| 440 | Environmental Protection, the United States Army Corps of |
| 441 | Engineers, the Department of Transportation, transportation |
| 442 | authorities established pursuant to chapter 348 or chapter 349, |
| 443 | and other appropriate federal, state, and local governments, and |
| 444 | other interested parties, including entities operating |
| 445 | mitigation banks, shall develop a plan for the primary purpose |
| 446 | of complying with the mitigation requirements adopted pursuant |
| 447 | to this part and 33 U.S.C. s. 1344. This plan shall also address |
| 448 | significant invasive plant problems within wetlands and other |
| 449 | surface waters. In developing such plans, the districts shall |
| 450 | utilize sound ecosystem management practices to address |
| 451 | significant water resource needs and shall focus on activities |
| 452 | of the Department of Environmental Protection and the water |
| 453 | management districts, such as surface water improvement and |
| 454 | management (SWIM) projects waterbodies and lands identified for |
| 455 | potential acquisition for preservation, restoration or, and |
| 456 | enhancement, and the control of invasive and exotic plants in |
| 457 | wetlands and other surface waters, to the extent that such |
| 458 | activities comply with the mitigation requirements adopted under |
| 459 | this part and 33 U.S.C. s. 1344. In determining the activities |
| 460 | to be included in such plans, the districts shall also consider |
| 461 | the purchase of credits from public or private mitigation banks |
| 462 | permitted under s. 373.4136 and associated federal authorization |
| 463 | and shall include such purchase as a part of the mitigation plan |
| 464 | when such purchase would offset the impact of the transportation |
| 465 | project, provide equal benefits to the water resources than |
| 466 | other mitigation options being considered, and provide the most |
| 467 | cost-effective mitigation option. The mitigation plan shall be |
| 468 | submitted to preliminarily approved by the water management |
| 469 | district governing board or its designee and shall be submitted |
| 470 | to the secretary of the Department of Environmental Protection |
| 471 | for review and final approval. The preliminary approval by the |
| 472 | water management district governing board does not constitute a |
| 473 | decision that affects substantial interests as provided by s. |
| 474 | 120.569. At least 14 30 days prior to preliminary approval, the |
| 475 | water management district shall provide a copy of the draft |
| 476 | mitigation plan to any person who has requested a copy. |
| 477 | (a) For each transportation project with a funding request |
| 478 | for the next fiscal year, the mitigation plan must include a |
| 479 | brief explanation of why a mitigation bank was or was not chosen |
| 480 | as a mitigation option, including an estimation of identifiable |
| 481 | costs of the mitigation bank and nonbank options to the extent |
| 482 | practicable. |
| 483 | (b) Specific projects may be excluded from the mitigation |
| 484 | plan, in whole or in part, and shall not be subject to this |
| 485 | section upon the agreement of the Department of Transportation, |
| 486 | or a transportation authority if applicable, the Department of |
| 487 | Environmental Protection, and the appropriate water management |
| 488 | district that the inclusion of such projects would hamper the |
| 489 | efficiency or timeliness of the mitigation planning and |
| 490 | permitting process., or the Department of Environmental |
| 491 | Protection and The water management district may choose to |
| 492 | exclude a project, in whole or in part, if the district is are |
| 493 | unable to identify mitigation that would offset the impacts of |
| 494 | the project. |
| 495 | (c) Surface water improvement and management or invasive |
| 496 | plant control projects undertaken using the $12 million advance |
| 497 | transferred from the Department of Transportation to the |
| 498 | Department of Environmental Protection in fiscal year 1996-1997 |
| 499 | which meet the requirements for mitigation under this part and |
| 500 | 33 U.S.C. s. 1344 shall remain available for mitigation until |
| 501 | the $12 million is fully credited up to and including fiscal |
| 502 | year 2005-2006. When these projects are used as mitigation, the |
| 503 | $12 million advance shall be reduced by $75,000 per acre of |
| 504 | impact mitigated. For any fiscal year through and including |
| 505 | fiscal year 2005-2006, To the extent the cost of developing and |
| 506 | implementing the mitigation plans is less than the funds placed |
| 507 | in the escrow account amount transferred pursuant to subsection |
| 508 | (3), the difference shall be retained by the Department of |
| 509 | Transportation and credited towards the $12 million advance |
| 510 | until the Department of Transportation is fully refunded for |
| 511 | this advance funding. After the $12 million advance funding is |
| 512 | fully credited Except as provided in this paragraph, any funds |
| 513 | not directed to implement the mitigation plan should, to the |
| 514 | greatest extent possible, be directed to fund invasive plant |
| 515 | control within wetlands and other surface waters, SWIM projects, |
| 516 | or other water-resource projects approved by the governing board |
| 517 | of the water management district which may be appropriate to |
| 518 | offset environmental impacts of future transportation projects. |
| 519 | The water management districts may request these funds upon |
| 520 | submittal of the final invoice for each road project. |
| 521 | (5) The water management district shall be responsible for |
| 522 | ensuring that mitigation requirements pursuant to 33 U.S.C. s. |
| 523 | 1344 are met for the impacts identified in the environmental |
| 524 | impact inventory described in subsection (2), by implementation |
| 525 | of the approved plan described in subsection (4) to the extent |
| 526 | funding is provided by the Department of Transportation, or a |
| 527 | transportation authority established pursuant to chapter 348 or |
| 528 | chapter 349, if applicable. During the federal permitting |
| 529 | process, the water management district may deviate from the |
| 530 | approved mitigation plan in order to comply with federal |
| 531 | permitting requirements. |
| 532 | (6) The mitigation plans shall be updated annually to |
| 533 | reflect the most current Department of Transportation work |
| 534 | program and project list of a transportation authority |
| 535 | established pursuant to chapter 348 or chapter 349, if |
| 536 | applicable, and may be amended throughout the year to anticipate |
| 537 | schedule changes or additional projects which may arise. Each |
| 538 | update and amendment of the mitigation plan shall be submitted |
| 539 | to the governing board of the water management district or its |
| 540 | designee secretary of the Department of Environmental Protection |
| 541 | for approval. However, such approval shall not be applicable to |
| 542 | a deviation as described in subsection (5). |
| 543 | (7) Upon approval by the governing board of the water |
| 544 | management district or its designee secretary of the Department |
| 545 | of Environmental Protection, the mitigation plan shall be deemed |
| 546 | to satisfy the mitigation requirements under this part for |
| 547 | impacts specifically identified in the environmental impact |
| 548 | inventory described in subsection (2) and any other mitigation |
| 549 | requirements imposed by local, regional, and state agencies for |
| 550 | these same impacts identified in the inventory described in |
| 551 | subsection (2). The approval of the governing board of the water |
| 552 | management district or its designee secretary shall authorize |
| 553 | the activities proposed in the mitigation plan, and no other |
| 554 | state, regional, or local permit or approval shall be necessary. |
| 555 | (8) This section shall not be construed to eliminate the |
| 556 | need for the Department of Transportation or a transportation |
| 557 | authority established pursuant to chapter 348 or chapter 349 to |
| 558 | comply with the requirement to implement practicable design |
| 559 | modifications, including realignment of transportation projects, |
| 560 | to reduce or eliminate the impacts of its transportation |
| 561 | projects on wetlands and other surface waters as required by |
| 562 | rules adopted pursuant to this part, or to diminish the |
| 563 | authority under this part to regulate other impacts, including |
| 564 | water quantity or water quality impacts, or impacts regulated |
| 565 | under this part that are not identified in the environmental |
| 566 | impact inventory described in subsection (2). |
| 567 | (9) The process for environmental mitigation for the |
| 568 | impact of transportation projects under this section shall be |
| 569 | available to an expressway, bridge, or transportation authority |
| 570 | established under chapter 348 or chapter 349. Use of this |
| 571 | process may be initiated by an authority depositing the |
| 572 | requisite funds into an escrow account set up by the authority |
| 573 | and filing an environmental impact inventory with the |
| 574 | appropriate water management district. An authority that |
| 575 | initiates the environmental mitigation process established by |
| 576 | this section shall comply with subsection (6) by timely |
| 577 | providing the appropriate water management district and the |
| 578 | Department of Environmental Protection with the requisite work |
| 579 | program information. A water management district may draw down |
| 580 | funds from the escrow account as provided in this section. |
| 581 | Section 10. This act shall take effect July 1, 2005. |