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,
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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
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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
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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
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 460
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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
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Florida Senate - 2005 SENATOR AMENDMENT
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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
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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
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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
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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,
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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
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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
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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
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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).
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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.
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16 (Redesignate subsequent sections.)
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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
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Florida Senate - 2005 SENATOR AMENDMENT
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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;
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