Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 460
                        Barcode 712562
                            CHAMBER ACTION
              Senate                               House
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 50, after line 31,
15  
16  insert:
17         (3)  This part does not preclude the department from
18  acquiring, holding, constructing, improving, maintaining,
19  operating, or owning tolled or nontolled facilities funded and
20  constructed from non-authority sources that are part of the
21  State Highway System within the geographical boundaries of the
22  Northwest Florida Transportation Corridor Authority.
23         Section 10.  Subsection (10) is added to section
24  337.251, Florida Statutes, to read:
25         337.251  Lease of property for joint public-private
26  development and areas above or below department property.--
27         (10)  The department may adopt rules to administer the
28  provisions of this section.
29         Section 11.  Subsection (1) of section 337.406, Florida
30  Statutes, is amended to read:
31         337.406  Unlawful use of state transportation facility
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 right-of-way; penalties.-- 2 (1) Except when leased as provided in s. 337.25(5) or 3 otherwise authorized by the rules of the department, it is 4 unlawful to make any use of the right-of-way of any state 5 transportation facility, including appendages thereto, outside 6 of an incorporated municipality in any manner that interferes 7 with the safe and efficient movement of people and property 8 from place to place on the transportation facility. Failure 9 to prohibit the use of right-of-way in this manner will 10 endanger the health, safety, and general welfare of the public 11 by causing distractions to motorists, unsafe pedestrian 12 movement within travel lanes, sudden stoppage or slowdown of 13 traffic, rapid lane changing and other dangerous traffic 14 movement, increased vehicular accidents, and motorist injuries 15 and fatalities. Such prohibited uses include, but are not 16 limited to, the free distribution or sale, or display or 17 solicitation for free distribution or sale, of any 18 merchandise, goods, property or services; the solicitation for 19 charitable purposes; the servicing or repairing of any 20 vehicle, except the rendering of emergency service; the 21 storage of vehicles being serviced or repaired on abutting 22 property or elsewhere; and the display of advertising of any 23 sort, except that any portion of a state transportation 24 facility may be used for an art festival, parade, fair, or 25 other special event if permitted by the appropriate local 26 governmental entity. Local government entities Within 27 incorporated municipalities, the local governmental entity may 28 issue permits of limited duration for the temporary use of the 29 right-of-way of a state transportation facility for any of 30 these prohibited uses if it is determined that the use will 31 not interfere with the safe and efficient movement of traffic 2 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 and the use will cause no danger to the public. The permitting 2 authority granted in this subsection shall be exercised by the 3 municipality within incorporated municipalities and by the 4 county outside an incorporated municipality. Before a road on 5 the State Highway System may be temporarily closed for a 6 special event, the local governmental entity which permits the 7 special event to take place must determine that the temporary 8 closure of the road is necessary and must obtain the prior 9 written approval for the temporary road closure from the 10 department. Nothing in this subsection shall be construed to 11 authorize such activities on any limited access highway the 12 Interstate Highway System. Local governmental entities may, 13 within their respective jurisdictions, initiate enforcement 14 action by the appropriate code enforcement authority or law 15 enforcement authority for a violation of this section. 16 Section 12. Subsection (2) of section 339.55, Florida 17 Statutes, is amended to read: 18 339.55 State-funded infrastructure bank.-- 19 (2) The bank may lend capital costs or provide credit 20 enhancements for a transportation facility project that is on 21 the State Highway System or that provides for increased 22 mobility on the state's transportation system or provides 23 intermodal connectivity with airports, seaports, rail 24 facilities, and other transportation terminals, pursuant to s. 25 341.053, for the movement of people and goods. Loans from the 26 bank may be subordinated to senior project debt that has an 27 investment grade rating of "BBB" or higher. Notwithstanding 28 any other provision of law, the total outstanding state-funded 29 infrastructure bank loan repayments over the average term of 30 the loan repayment period, as needed to meet the requirements 31 of the documents authorizing the bonds issued or proposed to 3 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 be issued under s. 215.617 to be paid from the State 2 Transportation Trust Fund, may not exceed 0.75 percent of the 3 revenues deposited into the State Transportation Trust Fund. 4 Section 13. Section 373.4137, Florida Statutes, is 5 amended to read: 6 373.4137 Mitigation requirements for specified 7 transportation projects.-- 8 (1) The Legislature finds that environmental 9 mitigation for the impact of transportation projects proposed 10 by the Department of Transportation or a transportation 11 authority established pursuant to chapter 348 or chapter 349 12 can be more effectively achieved by regional, long-range 13 mitigation planning rather than on a project-by-project basis. 14 It is the intent of the Legislature that mitigation to offset 15 the adverse effects of these transportation projects be funded 16 by the Department of Transportation and be carried out by the 17 Department of Environmental Protection and the water 18 management districts, including the use of mitigation banks 19 established pursuant to this part. 20 (2) Environmental impact inventories for 21 transportation projects proposed by the Department of 22 Transportation or a transportation authority established 23 pursuant to chapter 348 or chapter 349 shall be developed as 24 follows: 25 (a) By July May 1 of each year, the Department of 26 Transportation or a transportation authority established 27 pursuant to chapter 348 or chapter 349 shall submit to the 28 Department of Environmental Protection and the water 29 management districts a copy of its adopted work program and an 30 environmental impact inventory of habitats addressed in the 31 rules adopted tentatively, pursuant to this part and s. 404 of 4 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted 2 by its plan of construction for transportation projects in the 3 next 3 years of the tentative work program. The Department of 4 Transportation or a transportation authority established 5 pursuant to chapter 348 or chapter 349 may also include in its 6 environmental impact inventory the habitat impacts of any 7 future transportation project identified in the tentative work 8 program. The Department of Transportation and each 9 transportation authority established pursuant to chapter 348 10 or chapter 349 may fund any mitigation activities for future 11 projects using current year funds. 12 (b) The environmental impact inventory shall include a 13 description of these habitat impacts, including their 14 location, acreage, and type; state water quality 15 classification of impacted wetlands and other surface waters; 16 any other state or regional designations for these habitats; 17 and a survey of threatened species, endangered species, and 18 species of special concern affected by the proposed project. 19 (3)(a) To fund development and implementation of the 20 mitigation plan for the projected impacts identified in the 21 environmental impact inventory described in subsection (2), 22 the Department of Transportation shall identify funds 23 quarterly in an escrow account within the State Transportation 24 Trust Fund for the environmental mitigation phase of projects 25 budgeted by the Department of Transportation for the current 26 fiscal year. The escrow account shall be maintained by the 27 Department of Transportation for the benefit of the Department 28 of Environmental Protection and the water management 29 districts. Any interest earnings from the escrow account shall 30 remain with the Department of Transportation. 31 (b) Each transportation authority established pursuant 5 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 to chapter 348 or chapter 349 that chooses to participate in 2 this program shall create an escrow account within its 3 financial structure and deposit funds in the account to pay 4 for the environmental mitigation phase of projects budgeted 5 for the current fiscal year. The escrow account shall be 6 maintained by the authority for the benefit of the Department 7 of Environmental Protection and the water management 8 districts. Any interest earnings from the escrow account shall 9 remain with the authority. 10 (c) Except for current mitigation projects in the 11 monitoring and maintenance phase and except as allowed by 12 paragraph (d), the Department of Environmental Protection or 13 water management districts may request a transfer of funds 14 from an escrow account no sooner than 30 days prior to the 15 date the funds are needed to pay for activities associated 16 with development or implementation of the approved mitigation 17 plan described in subsection (4) for the current fiscal year, 18 including, but not limited to, design, engineering, 19 production, and staff support. Actual conceptual plan 20 preparation costs incurred before plan approval may be 21 submitted to the Department of Transportation or the 22 appropriate transportation authority and the Department of 23 Environmental Protection by November 1 of each year with the 24 plan. The conceptual plan preparation costs of each water 25 management district will be paid from mitigation funds 26 associated with the environmental impact inventory for the 27 current year based on the amount approved on the mitigation 28 plan and allocated to the current fiscal year projects 29 identified by the water management district. The amount 30 transferred to the escrow accounts each year by the Department 31 of Transportation and participating transportation authorities 6 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 established pursuant to chapter 348 or chapter 349 shall 2 correspond to a cost per acre of $75,000 multiplied by the 3 projected acres of impact identified in the environmental 4 impact inventory described in subsection (2). However, the 5 $75,000 cost per acre does not constitute an admission against 6 interest by the state or its subdivisions nor is the cost 7 admissible as evidence of full compensation for any property 8 acquired by eminent domain or through inverse condemnation. 9 Each July 1, the cost per acre shall be adjusted by the 10 percentage change in the average of the Consumer Price Index 11 issued by the United States Department of Labor for the most 12 recent 12-month period ending September 30, compared to the 13 base year average, which is the average for the 12-month 14 period ending September 30, 1996. Each quarter At the end of 15 each year, the projected acreage of impact shall be reconciled 16 with the acreage of impact of projects as permitted, including 17 permit modifications, pursuant to this part and s. 404 of the 18 Clean Water Act, 33 U.S.C. s. 1344. The subject year's 19 transfer of funds shall be adjusted accordingly to reflect the 20 acreage of impacts as permitted overtransfer or undertransfer 21 of funds from the preceding year. The Department of 22 Transportation and participating transportation authorities 23 established pursuant to chapter 348 or chapter 349 are 24 authorized to transfer such funds from the escrow accounts to 25 the Department of Environmental Protection and the water 26 management districts to carry out the mitigation programs. For 27 a mitigation project that is in the maintenance and monitoring 28 phase, the water management district may request and receive a 29 one-time payment based on the project's expected future 30 maintenance and monitoring costs. Upon disbursement of the 31 final maintenance and monitoring payment, the escrow account 7 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 for the project established by the Department of 2 Transportation or the participating transportation authority 3 may be closed. Any interest earned on these disbursed funds 4 shall remain with the water management district and must be 5 used as authorized under paragraph (4)(c). 6 (d) Beginning in the 2005-2006 fiscal year, each water 7 management district shall be paid a lump-sum amount of $75,000 8 per acre, adjusted as provided under paragraph (c), for 9 federally funded transportation projects that are included on 10 the environmental impact inventory and that have an approved 11 mitigation plan. Beginning in the 2009-2010 fiscal year, each 12 water management district shall be paid a lump-sum amount of 13 $75,000 per acre, adjusted as provided under paragraph (c), 14 for federally funded and nonfederally funded transportation 15 projects that have an approved mitigation plan. All mitigation 16 costs, including, but not limited to, the costs of preparing 17 conceptual plans and the costs of design, construction, staff 18 support, future maintenance, and monitoring the mitigated 19 acres shall be funded through these lump-sum amounts. 20 (4) Prior to March December 1 of each year, each water 21 management district, in consultation with the Department of 22 Environmental Protection, the United States Army Corps of 23 Engineers, the Department of Transportation, transportation 24 authorities established pursuant to chapter 348 or chapter 25 349, and other appropriate federal, state, and local 26 governments, and other interested parties, including entities 27 operating mitigation banks, shall develop a plan for the 28 primary purpose of complying with the mitigation requirements 29 adopted pursuant to this part and 33 U.S.C. s. 1344. This plan 30 shall also address significant invasive plant problems within 31 wetlands and other surface waters. In developing such plans, 8 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 the districts shall utilize sound ecosystem management 2 practices to address significant water resource needs and 3 shall focus on activities of the Department of Environmental 4 Protection and the water management districts, such as surface 5 water improvement and management (SWIM) projects waterbodies 6 and lands identified for potential acquisition for 7 preservation, restoration or, and enhancement, and the control 8 of invasive and exotic plants in wetlands and other surface 9 waters, to the extent that such activities comply with the 10 mitigation requirements adopted under this part and 33 U.S.C. 11 s. 1344. In determining the activities to be included in such 12 plans, the districts shall also consider the purchase of 13 credits from public or private mitigation banks permitted 14 under s. 373.4136 and associated federal authorization and 15 shall include such purchase as a part of the mitigation plan 16 when such purchase would offset the impact of the 17 transportation project, provide equal benefits to the water 18 resources than other mitigation options being considered, and 19 provide the most cost-effective mitigation option. The 20 mitigation plan shall be submitted to preliminarily approved 21 by the water management district governing board, or its 22 designee, and shall be submitted to the secretary of the 23 Department of Environmental Protection for review and final 24 approval. The preliminary approval by the water management 25 district governing board does not constitute a decision that 26 affects substantial interests as provided by s. 120.569. At 27 least 14 30 days prior to preliminary approval, the water 28 management district shall provide a copy of the draft 29 mitigation plan to any person who has requested a copy. 30 (a) For each transportation project with a funding 31 request for the next fiscal year, the mitigation plan must 9 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 include a brief explanation of why a mitigation bank was or 2 was not chosen as a mitigation option, including an estimation 3 of identifiable costs of the mitigation bank and nonbank 4 options to the extent practicable. 5 (b) Specific projects may be excluded from the 6 mitigation plan, in whole or in part, and shall not be subject 7 to this section upon the agreement of the Department of 8 Transportation, or a transportation authority if applicable, 9 the Department of Environmental Protection, and the 10 appropriate water management district that the inclusion of 11 such projects would hamper the efficiency or timeliness of the 12 mitigation planning and permitting process., or the Department 13 of Environmental Protection and The water management district 14 may choose to exclude a project in whole or in part if the 15 district is are unable to identify mitigation that would 16 offset the impacts of the project. 17 (c) Surface water improvement and management or 18 invasive plant control projects undertaken using the $12 19 million advance transferred from the Department of 20 Transportation to the Department of Environmental Protection 21 in fiscal year 1996-1997 which meet the requirements for 22 mitigation under this part and 33 U.S.C. s. 1344 shall remain 23 available for mitigation until the $12 million is fully 24 credited up to and including fiscal year 2005-2006. When these 25 projects are used as mitigation, the $12 million advance shall 26 be reduced by $75,000 per acre of impact mitigated. For any 27 fiscal year through and including fiscal year 2005-2006, To 28 the extent the cost of developing and implementing the 29 mitigation plans is less than the funds placed in the escrow 30 account amount transferred pursuant to subsection (3), the 31 difference shall be retained by the Department of 10 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 Transportation and credited towards the $12 million advance 2 until the Department of Transportation is fully refunded for 3 this advance funding. After the $12 million advance funding is 4 fully credited Except as provided in this paragraph, any funds 5 not directed to implement the mitigation plan should, to the 6 greatest extent possible, be directed to fund invasive plant 7 control within wetlands and other surface waters, SWIM 8 projects, or other water-resource projects approved by the 9 governing board of the water management district which may be 10 appropriate to offset environmental impacts of future 11 transportation projects. The water management districts may 12 request these funds upon submittal of the final invoice for 13 each road project. 14 (5) The water management district shall be responsible 15 for ensuring that mitigation requirements pursuant to 33 16 U.S.C. s. 1344 are met for the impacts identified in the 17 environmental impact inventory described in subsection (2), by 18 implementation of the approved plan described in subsection 19 (4) to the extent funding is provided by the Department of 20 Transportation, or a transportation authority established 21 pursuant to chapter 348 or chapter 349, if applicable. During 22 the federal permitting process, the water management district 23 may deviate from the approved mitigation plan in order to 24 comply with federal permitting requirements. 25 (6) The mitigation plans shall be updated annually to 26 reflect the most current Department of Transportation work 27 program and project list of a transportation authority 28 established pursuant to chapter 348 or chapter 349, if 29 applicable, and may be amended throughout the year to 30 anticipate schedule changes or additional projects which may 31 arise. Each update and amendment of the mitigation plan shall 11 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 be submitted to the governing board of the water management 2 district or its designee secretary of the Department of 3 Environmental Protection for approval. However, such approval 4 shall not be applicable to a deviation as described in 5 subsection (5). 6 (7) Upon approval by the governing board of the water 7 management district or its designee secretary of the 8 Department of Environmental Protection, the mitigation plan 9 shall be deemed to satisfy the mitigation requirements under 10 this part for impacts specifically identified in the 11 environmental impact inventory described in subsection (2) and 12 any other mitigation requirements imposed by local, regional, 13 and state agencies for these same impacts identified in the 14 inventory described in subsection (2). The approval of the 15 governing board of the water management district or its 16 designee secretary shall authorize the activities proposed in 17 the mitigation plan, and no other state, regional, or local 18 permit or approval shall be necessary. 19 (8) This section shall not be construed to eliminate 20 the need for the Department of Transportation or a 21 transportation authority established pursuant to chapter 348 22 or chapter 349 to comply with the requirement to implement 23 practicable design modifications, including realignment of 24 transportation projects, to reduce or eliminate the impacts of 25 its transportation projects on wetlands and other surface 26 waters as required by rules adopted pursuant to this part, or 27 to diminish the authority under this part to regulate other 28 impacts, including water quantity or water quality impacts, or 29 impacts regulated under this part that are not identified in 30 the environmental impact inventory described in subsection 31 (2). 12 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 (9) The process for environmental mitigation for the 2 impact of transportation projects under this section shall be 3 available to an expressway, bridge, or transportation 4 authority established under chapter 348 or chapter 349. Use of 5 this process may be initiated by an authority depositing the 6 requisite funds into an escrow account set up by the authority 7 and filing an environmental impact inventory with the 8 appropriate water management district. An authority that 9 initiates the environmental mitigation process established by 10 this section shall comply with subsection (6) by timely 11 providing the appropriate water management district and the 12 Department of Environmental Protection with the requisite work 13 program information. A water management district may draw down 14 funds from the escrow account as provided in this section. 15 16 (Redesignate subsequent sections.) 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 4, line 8, after the semicolon 22 23 insert: 24 amending s. 337.406, F.S.; granting local 25 governments authority to issue permits allowing 26 limited temporary use of state transportation 27 right-of-way; clarifying limited access 28 facilities are not included in such authority; 29 amending s. 339.55, F.S.; establishing a 30 maximum limit on state-funded infrastructure 31 bank loans to the State Transportation Trust 13 12:21 PM 05/03/05 s0460.16tr.ups
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 712562 1 Fund; amending s. 373.4137, F.S.; revising the 2 requirements for projects intended to mitigate 3 the adverse effects of transportation projects; 4 removing the Department of Environmental 5 Protection from the mitigation process; 6 revising requirements for the Department of 7 Transportation and the transportation 8 authorities with respect to submitting plans 9 and inventories; authorizing the use of 10 current-year funds for future projects; 11 revising the requirements for reconciling 12 escrow accounts used to fund mitigation 13 projects; authorizing payments to a water 14 management district to fund the costs of future 15 maintenance and monitoring; requiring specified 16 lump-sum payments to be used for the mitigation 17 costs of certain projects; authorizing a 18 governing board of a water management district 19 to approve the use of mitigation funds for 20 certain future projects; requiring that 21 mitigation plans be approved by the water 22 management district rather than the Department 23 of Environmental Protection; 24 25 26 27 28 29 30 31 14 12:21 PM 05/03/05 s0460.16tr.ups