Senate Bill sb2804c1

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    Florida Senate - 2007                           CS for SB 2804

    By the Committee on Transportation; and Senator Baker





    596-2129-07

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         215.615, F.S.; revising the Department of

  4         Transportation's requirement to share certain

  5         costs of fixed-guideway system projects;

  6         revising criteria for an interlocal agreement

  7         to establish bond financing for fixed-guideway

  8         system projects; revising provisions for

  9         sources of funds for the payment of bonds;

10         amending s. 332.007, F.S.; authorizing the

11         Department of Transportation to provide funds

12         for certain general aviation projects under

13         certain circumstances; extending the timeframe

14         during which the department is authorized to

15         provide operational and maintenance assistance

16         to certain airports and may redirect the use of

17         certain funds to security-related or

18         economic-impact projects related to the events

19         of September 11, 2001; amending s. 332.14,

20         F.S., relating to the Secure Airports for

21         Florida's Economy Council; providing for

22         certain members of the council to be nonvoting

23         members; amending s. 337.11, F.S.; providing

24         that certain construction projects be

25         advertised for bids in local newspapers;

26         amending s. 337.14, F.S.; authorizing the

27         department to waive specified prequalification

28         requirements for certain transportation

29         projects under certain conditions; amending s.

30         337.18, F.S.; revising surety bond requirements

31         for construction or maintenance contracts;

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    Florida Senate - 2007                           CS for SB 2804
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 1         providing for incremental annual surety bonds

 2         for multiyear maintenance contracts under

 3         certain conditions; revising the threshold for

 4         transportation projects eligible for a waiver

 5         of surety bond requirements; authorizing the

 6         department to provide for phased surety bond

 7         coverage or an alternate means of security for

 8         a portion of the contract amount in lieu of the

 9         surety bond; amending s. 338.221, F.S.;

10         redefining the term "economically feasible" for

11         purposes of certain turnpike projects; amending

12         s. 338.2275, F.S.; deleting obsolete provisions

13         relating to approved turnpike projects;

14         revising the maximum amount of bonds that are

15         available for turnpike projects; creating s.

16         339.282, F.S.; creating the Enhanced Bridge

17         Program for Sustainable Transportation within

18         the Department of Transportation; providing for

19         the use of funds in the program; providing

20         project guidelines for program funding;

21         amending s. 339.08, F.S.; allowing moneys in

22         the State Transportation Trust Fund to pay the

23         cost of the Enhanced Bridge System; amending s.

24         339.55, F.S.; providing for the use of State

25         Infrastructure Bank loans for certain damaged

26         transportation facilities in areas officially

27         declared to be in a state of emergency;

28         providing criteria; amending s. 341.071, F.S.;

29         requiring certain public transit providers to

30         annually report potential productivity and

31         performance enhancements; defining the terms

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    Florida Senate - 2007                           CS for SB 2804
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 1         "agency" and "construction aggregate

 2         materials"; providing legislative intent;

 3         establishing the Strategic Aggregates Review

 4         Task Force; providing for membership, staffing,

 5         reporting, and expiration; prohibiting an

 6         agency from approving or denying a land use

 7         zoning change, comprehensive plan amendment,

 8         land use permit, ordinance, or order without

 9         consulting with the Department of

10         Transportation and considering the effect of

11         such decision; prohibiting an agency from

12         imposing a moratorium on the mining or

13         extraction of construction aggregate materials

14         of longer than a specified period; providing an

15         effective date.

16  

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

18  

19         Section 1.  Subsection (1) of section 215.615, Florida

20  Statutes, is amended to read:

21         215.615  Fixed-guideway transportation systems

22  funding.--

23         (1)  The issuance of revenue bonds by the Division of

24  Bond Finance, on behalf of the Department of Transportation,

25  pursuant to s. 11, Art. VII of the State Constitution, is

26  authorized, pursuant to the State Bond Act, to finance or

27  refinance fixed capital expenditures for fixed-guideway

28  transportation systems, as defined in s. 341.031, including

29  facilities appurtenant thereto, costs of issuance, and other

30  amounts relating to such financing or refinancing. Such

31  revenue bonds shall be matched on a 50-50 basis with funds

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    Florida Senate - 2007                           CS for SB 2804
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 1  from sources other than revenues of the Department of

 2  Transportation, in a manner acceptable to the Department of

 3  Transportation. The Division of Bond Finance is authorized to

 4  consider innovative financing techniques, technologies which

 5  may include, but are not limited to, innovative bidding and

 6  structures of potential financings findings that may result in

 7  negotiated transactions. The following conditions apply to the

 8  issuance of revenue bonds for fixed-guideway transportation

 9  systems:

10         (a)  The department and any participating commuter rail

11  authority or regional transportation authority established

12  under chapter 343, local governments, or local governments

13  collectively by interlocal agreement having jurisdiction of a

14  fixed-guideway transportation system may enter into an

15  interlocal agreement to promote the efficient and

16  cost-effective financing or refinancing of fixed-guideway

17  transportation system projects by revenue bonds issued

18  pursuant to this subsection. The terms of such interlocal

19  agreements shall include provisions for the Department of

20  Transportation to request the issuance of the bonds on behalf

21  of the parties; shall provide that after reimbursement

22  pursuant to interlocal agreement, the department's share may

23  be up to 50 percent of the eligible project cost, which may

24  include a share of annual each party to the agreement is

25  contractually liable for an equal share of funding an amount

26  equal to the debt service requirements of such bonds; and

27  shall include any other terms, provisions, or covenants

28  necessary to the making of and full performance under such

29  interlocal agreement. Repayments made to the department under

30  any interlocal agreement are not pledged to the repayment of

31  bonds issued hereunder, and failure of the local governmental

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    Florida Senate - 2007                           CS for SB 2804
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 1  authority to make such payment shall not affect the obligation

 2  of the department to pay debt service on the bonds.

 3         (b)  Revenue bonds issued pursuant to this subsection

 4  shall not constitute a general obligation of, or a pledge of

 5  the full faith and credit of, the State of Florida. Bonds

 6  issued pursuant to this section shall be payable from funds

 7  available pursuant to s. 206.46(3), or other funds available

 8  to the project, subject to annual appropriation. The amount of

 9  revenues available for debt service shall never exceed a

10  maximum of 2 percent of all state revenues deposited into the

11  State Transportation Trust Fund.

12         (c)  The projects to be financed or refinanced with the

13  proceeds of the revenue bonds issued hereunder are designated

14  as state fixed capital outlay projects for purposes of s.

15  11(d), Art. VII of the State Constitution, and the specific

16  projects to be financed or refinanced shall be determined by

17  the Department of Transportation in accordance with state law

18  and appropriations from the State Transportation Trust Fund.

19  Each project to be financed with the proceeds of the bonds

20  issued pursuant to this subsection must first be approved by

21  the Legislature by an act of general law.

22         (d)  Any complaint for validation of bonds issued

23  pursuant to this section shall be filed in the circuit court

24  of the county where the seat of state government is situated,

25  the notice required to be published by s. 75.06 shall be

26  published only in the county where the complaint is filed, and

27  the complaint and order of the circuit court shall be served

28  only on the state attorney of the circuit in which the action

29  is pending.

30         (e)  The state does hereby covenant with holders of

31  such revenue bonds or other instruments of indebtedness issued

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    Florida Senate - 2007                           CS for SB 2804
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 1  hereunder, that it will not repeal or impair or amend these

 2  provisions in any manner that will materially and adversely

 3  affect the rights of such holders as long as bonds authorized

 4  by this subsection are outstanding.

 5         (f)  This subsection supersedes any inconsistent

 6  provisions in existing law.

 7  

 8  Notwithstanding this subsection, the lien of revenue bonds

 9  issued pursuant to this subsection on moneys deposited into

10  the State Transportation Trust Fund shall be subordinate to

11  the lien on such moneys of bonds issued under ss. 215.605,

12  320.20, and 215.616, and any pledge of such moneys to pay

13  operating and maintenance expenses under s. 206.46(5) and

14  chapter 348, as may be amended.

15         Section 2.  Paragraph (c) of subsection (6) and

16  subsection (8) of section 332.007, Florida Statutes, are

17  amended to read:

18         332.007  Administration and financing of aviation and

19  airport programs and projects; state plan.--

20         (6)  Subject to the availability of appropriated funds,

21  the department may participate in the capital cost of eligible

22  public airport and aviation development projects in accordance

23  with the following rates, unless otherwise provided in the

24  General Appropriations Act or the substantive bill

25  implementing the General Appropriations Act:

26         (c)  When federal funds are not available, the

27  department may fund up to 80 percent of master planning and

28  eligible aviation development projects at publicly owned,

29  publicly operated airports. If federal funds are available but

30  insufficient to meet the maximum authorized federal share, the

31  department may fund up to 80 percent of the nonfederal share

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    Florida Senate - 2007                           CS for SB 2804
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 1  of such projects. Such funding is limited to airports that

 2  have no scheduled commercial service.

 3         (8)  Notwithstanding any other provision of law to the

 4  contrary, the department is authorized to fund security

 5  projects at provide operational and maintenance assistance to

 6  publicly owned public-use airports. Such assistance shall be

 7  to comply with enhanced federal security requirements or to

 8  address related economic impacts from the events of September

 9  11, 2001. For projects in the current adopted work program, or

10  projects added using the available budget of the department,

11  airports may request that the department change the project

12  purpose in accordance with this provision notwithstanding the

13  provisions of s. 339.135(7). For purposes of this subsection,

14  the department may fund up to 100 percent of eligible project

15  costs that are not funded by the Federal Government. Prior to

16  releasing any funds under this section, the department shall

17  review and approve the expenditure plans submitted by the

18  airport. The department shall inform the Legislature of any

19  change that it approves under this subsection. This subsection

20  shall expire on June 30, 2012 2007.

21         Section 3.  Subsections (2) and (4) of section 332.14,

22  Florida Statutes, are amended to read:

23         332.14  Secure Airports for Florida's Economy

24  Council.--

25         (2)  The Secure Airports for Florida's Economy (SAFE)

26  Council is created within the Department of Transportation.

27  The council shall consist of the following 27 members:

28         (a)  The airport director, or his or her designee, of

29  each of the following airports:

30         1.  Daytona Beach International Airport.

31         2.  Ft. Lauderdale-Hollywood International Airport.

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 1         3.  Gainesville Regional Airport.

 2         4.  Jacksonville International Airport.

 3         5.  Key West International Airport.

 4         6.  Melbourne International Airport.

 5         7.  Miami International Airport.

 6         8.  Naples Municipal Airport.

 7         9.  Okaloosa County Regional Airport.

 8         10.  Orlando International Airport.

 9         11.  Orlando-Sanford International Airport.

10         12.  Palm Beach County International Airport.

11         13.  Panama City-Bay County International Airport.

12         14.  Pensacola Regional Airport.

13         15.  Sarasota-Bradenton International Airport.

14         16.  Southwest Florida International Airport.

15         17.  St. Petersburg-Clearwater International Airport.

16         18.  Tallahassee Regional Airport.

17         19.  Tampa International Airport.

18         (b)  The executive directors of two general aviation

19  airports appointed by the Florida Airports Council.

20         (c)  The Secretary of the Department of Transportation

21  or his or her designee.

22         (d)  The director of the Office of Tourism, Trade, and

23  Economic Development or his or her designee.

24         (e)  The Secretary of the Department of Community

25  Affairs or his or her designee.

26         (f)  The executive director of the Department of Law

27  Enforcement or his or her designee.

28         (g)  A representative of the airline industry appointed

29  by the Air Transport Association.

30         (h)  A representative of the general aviation industry

31  appointed by the Florida Aviation Trades Association.

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 1         (4)  The council shall adopt bylaws governing the

 2  manner in which the business of the council will be conducted.

 3  The bylaws shall specify the procedure by which the chair of

 4  the council is elected. The council shall meet at the call of

 5  its chair, at the request of a majority of its membership, or

 6  at such times as may be prescribed in its bylaws. However, the

 7  council must meet at least twice a year. Except for the

 8  members appointed pursuant to paragraphs (2)(d), (e), and (f),

 9  all members of the council are voting members. A majority of

10  voting members of the council constitutes a quorum for the

11  purpose of transacting the business of the council. A vote of

12  the majority of the members present is sufficient for any

13  action of the council, except that a member representing the

14  Department of Transportation, the Department of Community

15  Affairs, the Department of Law Enforcement, or the Office of

16  Tourism, Trade, and Economic Development may vote to overrule

17  any action of the council approving a project pursuant to

18  paragraph (7)(a). The bylaws of the council may require a

19  greater vote for a particular action.

20         Section 4.  Paragraph (a) of subsection (3) of section

21  337.11, Florida Statutes, is amended to read:

22         337.11  Contracting authority of department; bids;

23  emergency repairs, supplemental agreements, and change orders;

24  combined design and construction contracts; progress payments;

25  records; requirements of vehicle registration.--

26         (3)(a)  On all construction contracts of $250,000 or

27  less, and any construction contract of less than $500,000 for

28  which the department has waived prequalification under s.

29  337.14, the department shall advertise for bids in a newspaper

30  having general circulation in the county where the proposed

31  work is to be located. Publication shall be at least once a

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 1  week for no less than 2 consecutive weeks, and the first

 2  publication shall be no less than 14 days prior to the date on

 3  which bids are to be received.

 4         Section 5.  Subsection (1) of section 337.14, Florida

 5  Statutes, is amended to read:

 6         337.14  Application for qualification; certificate of

 7  qualification; restrictions; request for hearing.--

 8         (1)  Any person desiring to bid for the performance of

 9  any construction contract in excess of $250,000 which the

10  department proposes to let must first be certified by the

11  department as qualified pursuant to this section and rules of

12  the department. The rules of the department shall address the

13  qualification of persons to bid on construction contracts in

14  excess of $250,000 and shall include requirements with respect

15  to the equipment, past record, experience, financial

16  resources, and organizational personnel of the applicant

17  necessary to perform the specific class of work for which the

18  person seeks certification. The department is authorized to

19  limit the dollar amount of any contract upon which a person is

20  qualified to bid or the aggregate total dollar volume of

21  contracts such person is allowed to have under contract at any

22  one time. Each applicant seeking certification qualification

23  to bid on construction contracts in excess of $250,000 shall

24  furnish the department a statement under oath, on such forms

25  as the department may prescribe, setting forth detailed

26  information as required on the application. Each application

27  for certification shall be accompanied by the latest annual

28  financial statement of the applicant completed within the last

29  12 months. If the annual financial statement shows the

30  financial condition of the applicant more than 4 months prior

31  to the date on which the application is received by the

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 1  department, then an interim financial statement must also be

 2  submitted. The interim financial statement must cover the

 3  period from the end date of the annual statement and must show

 4  the financial condition of the applicant no more than 4 months

 5  prior to the date on which the application is received by the

 6  department. Each required annual or interim financial

 7  statement must be audited and accompanied by the opinion of a

 8  certified public accountant or a public accountant approved by

 9  the department. The information required by this subsection is

10  confidential and exempt from the provisions of s. 119.07(1).

11  The department shall act upon the application for

12  qualification within 30 days after the department determines

13  that the application is complete. The department may waive the

14  requirements of this subsection for projects having a contract

15  price of $500,000 or less if the department determines that

16  the project is of a noncritical nature and the waiver will not

17  endanger public health, safety, or property.

18         Section 6.  Paragraph (a) of subsection (1) of section

19  337.18, Florida Statutes, is amended to read:

20         337.18  Surety bonds for construction or maintenance

21  contracts; requirement with respect to contract award; bond

22  requirements; defaults; damage assessments.--

23         (1)(a)  A surety bond shall be required of the

24  successful bidder in an amount equal to the awarded contract

25  price. However, the department may choose, in its discretion

26  and applicable only to multiyear maintenance contracts, to

27  allow for incremental annual contract bonds that cumulatively

28  total the full, awarded, multiyear contract price. For a

29  project for which the contract price is $250,000 $150,000 or

30  less, the department may waive the requirement for all or a

31  portion of a surety bond if it determines the project is of a

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 1  noncritical nature and nonperformance will not endanger public

 2  health, safety, or property. If the secretary or his designee

 3  determines that it is in the best interests of the state to

 4  reduce the bonding requirement for a project and that to do so

 5  will not endanger public health, safety, or property, the

 6  department may waive the requirement of a surety bond in an

 7  amount equal to the awarded contract price for a project

 8  having a contract price of $250 million or more and, in its

 9  place, may set a surety bond amount that is a portion of the

10  total contract price and provide an alternate means of

11  security for the balance of the contract amount that is not

12  covered by the surety bond or provide for incremental surety

13  bonding and provide an alternate means of security for the

14  balance of the contract amount that is not covered by the

15  surety bond. Such alternative means of security may include

16  letters of credit, United States bonds and notes, parent

17  company guaranties, and cash collateral. The department may

18  require alternate means of security if a surety bond is

19  waived. The surety on such bond shall be a surety company

20  authorized to do business in the state. All bonds shall be

21  payable to the department and conditioned for the prompt,

22  faithful, and efficient performance of the contract according

23  to plans and specifications and within the time period

24  specified, and for the prompt payment of all persons

25  furnishing, as, defined in s. 713.01, furnishing labor,

26  material, equipment, and supplies for work provided in the

27  contract; however, whenever an improvement, demolition, or

28  removal contract price is $25,000 or less, the security may,

29  in the discretion of the bidder, be in the form of a cashier's

30  check, bank money order of any state or national bank,

31  certified check, or postal money order. The department shall

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 1  adopt rules to implement this subsection. Such rules shall

 2  include provisions under which the department shall refuse to

 3  accept bonds on contracts when a surety wrongfully fails or

 4  refuses to settle or provide a defense for claims or actions

 5  arising under a contract for which the surety previously

 6  furnished a bond.

 7         Section 7.  Subsection (8) of section 338.221, Florida

 8  Statutes, is amended to read:

 9         338.221  Definitions of terms used in ss.

10  338.22-338.241.--As used in ss. 338.22-338.241, the following

11  words and terms have the following meanings, unless the

12  context indicates another or different meaning or intent:

13         (8)  "Economically feasible" means:

14         (a)  For a proposed turnpike project, that, as

15  determined by the department before the issuance of revenue

16  bonds for the project, the estimated net revenues of the

17  proposed turnpike project, excluding feeder roads and turnpike

18  improvements, will be sufficient to pay at least 50 percent of

19  the debt service on the bonds by the end of the 12th year of

20  operation and to pay at least 100 percent of the annual debt

21  service on the bonds associated with the project by the end of

22  the 30th 22nd year of operation. In implementing this

23  paragraph, up to 50 percent of the adopted work program costs

24  of the project may be funded from turnpike revenues.

25         (b)  For turnpike projects, except for feeder roads and

26  turnpike improvements, financed from revenues of the turnpike

27  system, such project, or such group of projects, originally

28  financed from revenues of the turnpike system, that the

29  project is expected to generate sufficient revenues to

30  amortize project costs within 15 years of opening to traffic.

31  

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 1  This subsection does not prohibit the pledging of revenues

 2  from the entire turnpike system to bonds issued to finance or

 3  refinance a turnpike project or group of turnpike projects.

 4         Section 8.  Subsection (3) of section 338.2275, Florida

 5  Statutes, is repealed and subsection (1) of that section is

 6  amended to read:

 7         338.2275  Approved turnpike projects.--

 8         (1)  Legislative approval of the department's tentative

 9  work program that contains the turnpike project constitutes

10  approval to issue bonds as required by s. 11(f), Art. VII of

11  the State Constitution. No more than $9 billion of bonds may

12  be outstanding to fund approved turnpike projects. Turnpike

13  projects approved to be included in future tentative work

14  programs include, but are not limited to, projects contained

15  in the 2003-2004 tentative work program. A maximum of $4.5

16  billion of bonds may be issued to fund approved turnpike

17  projects.

18         Section 9.  Section 339.282, Florida Statutes, is

19  created to read:

20         339.282  Enhanced Bridge Program for Sustainable

21  Transportation.--

22         (1)  There is created within the Department of

23  Transportation the Enhanced Bridge Program for Sustainable

24  Transportation for the purpose of providing funds to improve

25  the sufficiency rating of local bridges and to improve

26  congested roads on the State Highway System or local corridors

27  on which high-cost bridges are located in order to improve a

28  corridor or provide an alternative corridor.

29         (2)  Matching funds provided from the program may fund

30  up to 50 percent of project costs.

31  

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 1         (3)  The department shall allocate a minimum of 25

 2  percent of funding available for the program for local bridge

 3  projects to replace, rehabilitate, paint, or install scour

 4  countermeasures to highway bridges located on public roads,

 5  other than those on the State Highway System. A project to be

 6  funded must, at a minimum:

 7         (a)  Be classified as a structurally deficient bridge

 8  having a poor condition rating for the deck, superstructure,

 9  substructure component, or culvert;

10         (b)  Have a sufficiency rating of 35 or below; and

11         (c)  Have average daily traffic of at least 500

12  vehicles.

13         (4)  Special consideration shall be given to bridges

14  that are closed to all traffic or that have a load restriction

15  of less than 10 tons.

16         (5)  The department shall allocate remaining funding

17  available for the program to improve highly congested roads on

18  the State Highway System or local corridors on which high-cost

19  bridges are located in order to improve the corridor or

20  provide an alternative corridor. A project to be funded must,

21  at a minimum:

22         (a)  Be on or provide direct relief to an existing

23  corridor that is backlogged or constrained; and

24         (b)  Be a major bridge having an estimated cost greater

25  than $25 million.

26         (6)  Preference shall be given to bridge projects

27  located on corridors that connect to the Strategic Intermodal

28  System created in s. 339.61, and that have been identified as

29  regionally significant in accordance with s.

30  339.155(5)(c),(d), and (e).

31  

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 1         Section 10.  Subsection (1) of section 339.08, Florida

 2  Statutes, is amended to read:

 3         339.08  Use of moneys in State Transportation Trust

 4  Fund.--

 5         (1)  The department shall expend moneys in the State

 6  Transportation Trust Fund accruing to the department, in

 7  accordance with its annual budget. The use of such moneys

 8  shall be restricted to the following purposes:

 9         (a)  To pay administrative expenses of the department,

10  including administrative expenses incurred by the several

11  state transportation districts, but excluding administrative

12  expenses of commuter rail authorities that do not operate rail

13  service.

14         (b)  To pay the cost of construction of the State

15  Highway System.

16         (c)  To pay the cost of maintaining the State Highway

17  System.

18         (d)  To pay the cost of public transportation projects

19  in accordance with chapter 341 and ss. 332.003-332.007.

20         (e)  To reimburse counties or municipalities for

21  expenditures made on projects in the State Highway System as

22  authorized by s. 339.12(4) upon legislative approval.

23         (f)  To pay the cost of economic development

24  transportation projects in accordance with s. 288.063.

25         (g)  To lend or pay a portion of the operating,

26  maintenance, and capital costs of a revenue-producing

27  transportation project that is located on the State Highway

28  System or that is demonstrated to relieve traffic congestion

29  on the State Highway System.

30  

31  

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 1         (h)  To match any federal-aid funds allocated for any

 2  other transportation purpose, including funds allocated to

 3  projects not located in the State Highway System.

 4         (i)  To pay the cost of county road projects selected

 5  in accordance with the Small County Road Assistance Program

 6  created in s. 339.2816.

 7         (j)  To pay the cost of county or municipal road

 8  projects selected in accordance with the County Incentive

 9  Grant Program created in s. 339.2817, and the Small County

10  Outreach Program created in s. 339.2818, and the Enhanced

11  Bridge Program created in s. 339.282.

12         (k)  To provide loans and credit enhancements for use

13  in constructing and improving highway transportation

14  facilities selected in accordance with the state-funded

15  infrastructure bank created in s. 339.55.

16         (l)  To pay the cost of projects on the Florida

17  Strategic Intermodal System created in s. 339.61.

18         (m)  To pay the cost of transportation projects

19  selected in accordance with the Transportation Regional

20  Incentive Program created in s. 339.2819.

21         (n)  To pay other lawful expenditures of the

22  department.

23         Section 11.  Subsection (4) of section 339.55, Florida

24  Statutes, is amended, and paragraph (c) is added to subsection

25  (2) and paragraph (j) is added to subsection (7) of that

26  section, to read:

27         339.55  State-funded infrastructure bank.--

28         (2)  The bank may lend capital costs or provide credit

29  enhancements for:

30         (c)1.  Emergency loans for damages incurred to

31  public-use commercial deepwater seaports, public-use airports,

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 1  and other public-use transit and intermodal facilities that

 2  are within an area that is part of an official state

 3  declaration of emergency pursuant to chapter 252 and all other

 4  applicable laws. Such loans:

 5         a.  May not exceed 24 months in duration except in

 6  extreme circumstances, for which the Secretary of

 7  Transportation may grant up to 36 months upon making written

 8  findings specifying the conditions requiring a 36-month term.

 9         b.  Require application from the recipient to the

10  department that includes documentation of damage claims filed

11  with the Federal Emergency Management Agency or an applicable

12  insurance carrier and documentation of the recipient's overall

13  financial condition.

14         c.  Are subject to approval by the Secretary of

15  Transportation and the Legislative Budget Commission.

16         2.  Loans provided under this paragraph must be repaid

17  upon receipt by the recipient of eligible program funding for

18  damages in accordance with the claims filed with the Federal

19  Emergency Management Agency or an applicable insurance

20  carrier, but no later than the duration of the loan.

21         (4)  Loans from the bank may bear interest at or below

22  market interest rates, as determined by the department.

23  Repayment of any loan from the bank shall commence not later

24  than 5 years after the project has been completed or, in the

25  case of a highway project, the facility has opened to traffic,

26  whichever is later, and shall be repaid within in no more than

27  30 years, except for loans provided under paragraph (2)(c),

28  which shall be repaid within 36 months.

29         (7)  The department may consider, but is not limited

30  to, the following criteria for evaluation of projects for

31  assistance from the bank:

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 1         (j)  The extent to which damage from a disaster that

 2  results in a declaration of emergency has impacted a public

 3  transportation facility's ability to maintain its previous

 4  level of service and remain accessible to the public or has

 5  had a major impact on the cash flow or revenue-generation

 6  ability of the public-use facility.

 7         Section 12.  Subsection (2) of section 341.071, Florida

 8  Statutes, is amended to read:

 9         341.071  Transit productivity and performance measures;

10  reports.--

11         (2)  Each public transit provider shall establish

12  productivity and performance measures, which must be approved

13  by the department and which must be selected from measures

14  developed pursuant to s. 341.041(3). Each provider shall by

15  January 31 of each year report annually to the department

16  relative to these measures. In approving these measures, the

17  department shall give consideration to the goals and

18  objectives of each system, the needs of the local area, and

19  the role for public transit in the local area. The report

20  shall also specifically address potential enhancements to

21  productivity and performance which would have the effect of

22  increasing farebox recovery ratio.

23         Section 13.  Construction aggregate materials.--

24         (1)  DEFINITIONS.--

25         (a)  "Agency" means:

26         1.  The Governor in the exercise of all executive

27  powers other than those derived from the constitution.

28         2.  Each:

29         a.  State officer and state department, and each

30  departmental unit described in s. 20.04, Florida Statutes.

31  

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 1         b.  Authority, including a regional water supply

 2  authority.

 3         c.  Board.

 4         d.  Commission, including the Commission on Ethics and

 5  the Fish and Wildlife Conservation Commission when acting

 6  pursuant to statutory authority derived from the Legislature.

 7         e.  Regional planning agency, including, but not

 8  limited to, a regional planning council.

 9         f.  Multicounty special district of which a majority of

10  its governing board is comprised of nonelected persons.

11         g.  Educational unit.

12         h.  Entity described in chapters 163, 373, 380, and

13  582, Florida Statutes, and s. 186.504, Florida Statutes.

14         3.  Each other unit of government in the state,

15  including counties and municipalities.

16         (b)  "Construction aggregate materials" means crushed

17  stone, limestone, dolomite, limerock, shell rock, cemented

18  coquina, sand for use as a component of mortars, concrete,

19  bitminous mixtures, or underdrain filters, and other mined

20  resources providing the basic material for concrete, asphalt,

21  and road base.

22         (2)  LEGISLATIVE INTENT.--The Legislature finds that

23  there is a strategic and critical need for an available supply

24  of construction aggregate materials within the state and that

25  a disruption of the supply would cause significant detriment

26  to the state's construction industry, transportation system,

27  and overall health, safety, and welfare.

28         (3)  AGENCY DECISIONMAKING.--No agency shall approve or

29  deny a proposed land use zoning change, comprehensive plan

30  amendment, land use permit, ordinance, or order without

31  considering, in consultation with the Department of

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 1  Transportation, the effect such change, amendment, permit

 2  decision, ordinance, or order would have on the availability,

 3  transportation, and potential extraction of construction

 4  aggregate materials on the local area, the region, and the

 5  state. No agency may impose a moratorium on the mining or

 6  extraction of construction aggregate materials of more than 12

 7  months' duration.

 8         (4)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--

 9         (a)  The Strategic Aggregates Review Task Force is

10  created to evaluate the availability and disposition of

11  construction aggregate materials and related mining and land

12  use practices in this state.

13         (b)  The task force shall be appointed by August 1,

14  2007, and shall be composed of the following 19 members:

15         1.  The President of the Senate, the Speaker of the

16  House of Representatives, and the Governor shall each appoint

17  one member from each of the following groups:

18         a.  The mining industry.

19         b.  The construction industry.

20         c.  The transportation industries, including seaports,

21  trucking, railroads, or roadbuilders.

22         d.  Elected officials representing counties identified

23  by the Department of Transportation as limestone or sand

24  resource areas. At least one elected official must represent a

25  county having a population of 75,000 or fewer, or a county

26  having a population of 100,000 or fewer which is contiguous to

27  a county having a population of 75,000 or fewer.

28         e.  Environmental advocacy groups.

29         2.  The Secretary of Environmental Protection or

30  designee.

31         3.  The Secretary of Community Affairs or designee.

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 1         4.  The Secretary of Transportation or designee.

 2         5.  One member appointed by the Florida League of

 3  Cities, Inc.

 4         (c)  Members of the commission shall serve without

 5  compensation. Travel and per diem expenses for members who are

 6  not state employees shall be paid by the Department of

 7  Transportation in accordance with s. 112.061, Florida

 8  Statutes.

 9         (d)  The Department of Environmental Protection shall

10  organize and provide administrative support for the task force

11  and coordinate with other state agencies and local governments

12  in obtaining and providing such data and information as may be

13  needed by the task force to complete its evaluation. The

14  department may conduct any supporting studies as are required

15  to obtain needed information or otherwise assist the task

16  force in its review and deliberations.

17         (e)  The Department of Transportation shall collect and

18  provide information to the task force relating to construction

19  aggregate materials and the amount of such materials used by

20  the department on state road infrastructure projects, and

21  shall provide any technical and supporting information

22  relating to the use of such materials as is available to the

23  department.

24         (f)  The task force shall report its findings to the

25  Governor, the President of the Senate, and the Speaker of the

26  House of Representatives by February 1, 2008. The report must

27  identify locations with significant concentrations of

28  construction aggregate materials and recommend actions

29  intended to ensure the continued extraction and availability

30  of construction aggregate materials.

31         (g)  The task force shall be dissolved on July 1, 2008.

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 1         Section 14.  This act shall take effect July 1, 2007.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 2804

 5                                 

 6  The CS added language revising the matching fund formula for
    fixed-guideway revenue bonds to allow for various matching
 7  scenarios up to a limit of 50 percent on the State's share of
    the eligible project cost. New language is added changing the
 8  membership status of FDLE, DCA, and OTTED representatives on
    the Secure Airports for Florida's Economy (SAFE) Council from
 9  voting to non-voting. The Strategic Aggregate Review Task
    Force's membership is revised and the ability of local
10  governments or other agencies to impose moratoria on the
    mining of aggregate is restricted.
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