Senate Bill sb2804c2

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    Florida Senate - 2007                    CS for CS for SB 2804

    By the Committees on Community Affairs; Transportation; and
    Senators Baker and Crist




    578-2286-07

  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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 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; amending s.

16         338.234, F.S.; granting the Florida Turnpike

17         Enterprise, its lessees, and licensees an

18         exemption from requirements to pay commercial

19         rental tax on capital improvements; creating s.

20         339.282, F.S.; creating the Enhanced Bridge

21         Program for Sustainable Transportation within

22         the Department of Transportation; providing for

23         the use of funds in the program; providing

24         project guidelines for program funding;

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

26         the State Transportation Trust Fund to pay the

27         cost of the Enhanced Bridge System; amending s.

28         339.55, F.S.; providing for the use of State

29         Infrastructure Bank loans for certain damaged

30         transportation facilities in areas officially

31         declared to be in a state of emergency;

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

 2         requiring certain public transit providers to

 3         annually report potential productivity and

 4         performance enhancements; defining the terms

 5         "agency" and "construction aggregate

 6         materials"; providing legislative intent;

 7         prohibiting an agency from approving or denying

 8         a land use zoning change, comprehensive plan

 9         amendment, land use permit, ordinance, or order

10         without consulting with the Department of

11         Transportation and considering the effect of

12         such decision; prohibiting an agency from

13         imposing a moratorium on the mining or

14         extraction of construction aggregate materials

15         of longer than a specified period; providing

16         that limerock environmental resource permitting

17         and reclamation applications are eligible to be

18         expedited; establishing the Strategic

19         Aggregates Review Task Force; providing for

20         membership, staffing, reporting, and

21         expiration; amending s. 479.01, F.S.; defining

22         the term "wall mural"; amending s. 479.155,

23         F.S.; providing for regulation of wall murals

24         by municipalities and counties; requiring that

25         certain wall murals be located in areas zoned

26         for industrial or commercial use; requiring

27         that the local regulation of wall murals be

28         consistent with specified criteria; requiring

29         the Department of Transportation and the

30         Federal Highway Administration to approve a

31  

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 1         wall mural under certain conditions; providing

 2         an effective date.

 3  

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

 5  

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

 7  Statutes, is amended to read:

 8         215.615  Fixed-guideway transportation systems

 9  funding.--

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

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

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

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

14  refinance fixed capital expenditures for fixed-guideway

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

16  facilities appurtenant thereto, costs of issuance, and other

17  amounts relating to such financing or refinancing. Such

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

19  from sources other than revenues of the Department of

20  Transportation, in a manner acceptable to the Department of

21  Transportation. The Division of Bond Finance is authorized to

22  consider innovative financing techniques, technologies which

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

24  structures of potential financings findings that may result in

25  negotiated transactions. The following conditions apply to the

26  issuance of revenue bonds for fixed-guideway transportation

27  systems:

28         (a)  The department and any participating commuter rail

29  authority or regional transportation authority established

30  under chapter 343, local governments, or local governments

31  collectively by interlocal agreement having jurisdiction of a

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 1  fixed-guideway transportation system may enter into an

 2  interlocal agreement to promote the efficient and

 3  cost-effective financing or refinancing of fixed-guideway

 4  transportation system projects by revenue bonds issued

 5  pursuant to this subsection. The terms of such interlocal

 6  agreements shall include provisions for the Department of

 7  Transportation to request the issuance of the bonds on behalf

 8  of the parties; shall provide that after reimbursement

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

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

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

12  contractually liable for an equal share of funding an amount

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

14  shall include any other terms, provisions, or covenants

15  necessary to the making of and full performance under such

16  interlocal agreement. Repayments made to the department under

17  any interlocal agreement are not pledged to the repayment of

18  bonds issued hereunder, and failure of the local governmental

19  authority to make such payment shall not affect the obligation

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

21         (b)  Revenue bonds issued pursuant to this subsection

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

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

24  issued pursuant to this section shall be payable from funds

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

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

27  revenues available for debt service shall never exceed a

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

29  State Transportation Trust Fund.

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

31  proceeds of the revenue bonds issued hereunder are designated

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

 2  11(d), Art. VII of the State Constitution, and the specific

 3  projects to be financed or refinanced shall be determined by

 4  the Department of Transportation in accordance with state law

 5  and appropriations from the State Transportation Trust Fund.

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

 7  issued pursuant to this subsection must first be approved by

 8  the Legislature by an act of general law.

 9         (d)  Any complaint for validation of bonds issued

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

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

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

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

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

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

16  is pending.

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

18  such revenue bonds or other instruments of indebtedness issued

19  hereunder, that it will not repeal or impair or amend these

20  provisions in any manner that will materially and adversely

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

22  by this subsection are outstanding.

23         (f)  This subsection supersedes any inconsistent

24  provisions in existing law.

25  

26  Notwithstanding this subsection, the lien of revenue bonds

27  issued pursuant to this subsection on moneys deposited into

28  the State Transportation Trust Fund shall be subordinate to

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

30  320.20, and 215.616, and any pledge of such moneys to pay

31  

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

 2  chapter 348, as may be amended.

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

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

 5  amended to read:

 6         332.007  Administration and financing of aviation and

 7  airport programs and projects; state plan.--

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

 9  the department may participate in the capital cost of eligible

10  public airport and aviation development projects in accordance

11  with the following rates, unless otherwise provided in the

12  General Appropriations Act or the substantive bill

13  implementing the General Appropriations Act:

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

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

16  eligible aviation development projects at publicly owned,

17  publicly operated airports. If federal funds are available but

18  insufficient to meet the maximum authorized federal share, the

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

20  of such projects. Such funding is limited to airports that

21  have no scheduled commercial service.

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

23  contrary, the department is authorized to fund security

24  projects at provide operational and maintenance assistance to

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

26  to comply with enhanced federal security requirements or to

27  address related economic impacts from the events of September

28  11, 2001. For projects in the current adopted work program, or

29  projects added using the available budget of the department,

30  airports may request that the department change the project

31  purpose in accordance with this provision notwithstanding the

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

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

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

 4  releasing any funds under this section, the department shall

 5  review and approve the expenditure plans submitted by the

 6  airport. The department shall inform the Legislature of any

 7  change that it approves under this subsection. This subsection

 8  shall expire on June 30, 2012 2007.

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

10  Florida Statutes, are amended to read:

11         332.14  Secure Airports for Florida's Economy

12  Council.--

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

14  Council is created within the Department of Transportation.

15  The council shall consist of the following 27 members:

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

17  each of the following airports:

18         1.  Daytona Beach International Airport.

19         2.  Ft. Lauderdale-Hollywood International Airport.

20         3.  Gainesville Regional Airport.

21         4.  Jacksonville International Airport.

22         5.  Key West International Airport.

23         6.  Melbourne International Airport.

24         7.  Miami International Airport.

25         8.  Naples Municipal Airport.

26         9.  Okaloosa County Regional Airport.

27         10.  Orlando International Airport.

28         11.  Orlando-Sanford International Airport.

29         12.  Palm Beach County International Airport.

30         13.  Panama City-Bay County International Airport.

31         14.  Pensacola Regional Airport.

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 1         15.  Sarasota-Bradenton International Airport.

 2         16.  Southwest Florida International Airport.

 3         17.  St. Petersburg-Clearwater International Airport.

 4         18.  Tallahassee Regional Airport.

 5         19.  Tampa International Airport.

 6         (b)  The executive directors of two general aviation

 7  airports appointed by the Florida Airports Council.

 8         (c)  The Secretary of the Department of Transportation

 9  or his or her designee.

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

11  Economic Development or his or her designee.

12         (e)  The Secretary of the Department of Community

13  Affairs or his or her designee.

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

15  Enforcement or his or her designee.

16         (g)  A representative of the airline industry appointed

17  by the Air Transport Association.

18         (h)  A representative of the general aviation industry

19  appointed by the Florida Aviation Trades Association.

20         (4)  The council shall adopt bylaws governing the

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

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

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

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

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

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

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

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

29  voting members of the council constitutes a quorum for the

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

31  the majority of the members present is sufficient for any

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

 2  Department of Transportation, the Department of Community

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

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

 5  any action of the council approving a project pursuant to

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

 7  greater vote for a particular action.

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

 9  337.11, Florida Statutes, is amended to read:

10         337.11  Contracting authority of department; bids;

11  emergency repairs, supplemental agreements, and change orders;

12  combined design and construction contracts; progress payments;

13  records; requirements of vehicle registration.--

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

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

16  which the department has waived prequalification under s.

17  337.14, the department shall advertise for bids in a newspaper

18  having general circulation in the county where the proposed

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

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

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

22  which bids are to be received.

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

24  Statutes, is amended to read:

25         337.14  Application for qualification; certificate of

26  qualification; restrictions; request for hearing.--

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

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

29  department proposes to let must first be certified by the

30  department as qualified pursuant to this section and rules of

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

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 1  qualification of persons to bid on construction contracts in

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

 3  to the equipment, past record, experience, financial

 4  resources, and organizational personnel of the applicant

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

 6  person seeks certification. The department is authorized to

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

 8  qualified to bid or the aggregate total dollar volume of

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

10  one time. Each applicant seeking certification qualification

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

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

13  as the department may prescribe, setting forth detailed

14  information as required on the application. Each application

15  for certification shall be accompanied by the latest annual

16  financial statement of the applicant completed within the last

17  12 months. If the annual financial statement shows the

18  financial condition of the applicant more than 4 months prior

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

20  department, then an interim financial statement must also be

21  submitted. The interim financial statement must cover the

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

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

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

25  department. Each required annual or interim financial

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

27  certified public accountant or a public accountant approved by

28  the department. The information required by this subsection is

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

30  The department shall act upon the application for

31  qualification within 30 days after the department determines

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

 2  requirements of this subsection for projects having a contract

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

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

 5  endanger public health, safety, or property.

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

 7  337.18, Florida Statutes, is amended to read:

 8         337.18  Surety bonds for construction or maintenance

 9  contracts; requirement with respect to contract award; bond

10  requirements; defaults; damage assessments.--

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

12  successful bidder in an amount equal to the awarded contract

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

14  and applicable only to multiyear maintenance contracts, to

15  allow for incremental annual contract bonds that cumulatively

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

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

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

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

20  noncritical nature and nonperformance will not endanger public

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

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

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

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

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

26  amount equal to the awarded contract price for a project

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

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

29  total contract price and provide an alternate means of

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

31  covered by the surety bond or provide for incremental surety

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 1  bonding and provide an alternate means of security for the

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

 3  surety bond. Such alternative means of security may include

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

 5  company guaranties, and cash collateral. The department may

 6  require alternate means of security if a surety bond is

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

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

 9  payable to the department and conditioned for the prompt,

10  faithful, and efficient performance of the contract according

11  to plans and specifications and within the time period

12  specified, and for the prompt payment of all persons

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

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

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

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

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

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

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

20  adopt rules to implement this subsection. Such rules shall

21  include provisions under which the department shall refuse to

22  accept bonds on contracts when a surety wrongfully fails or

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

24  arising under a contract for which the surety previously

25  furnished a bond.

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

27  Statutes, is amended to read:

28         338.221  Definitions of terms used in ss.

29  338.22-338.241.--As used in ss. 338.22-338.241, the following

30  words and terms have the following meanings, unless the

31  context indicates another or different meaning or intent:

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 1         (8)  "Economically feasible" means:

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

 3  determined by the department before the issuance of revenue

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

 5  proposed turnpike project, excluding feeder roads and turnpike

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

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

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

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

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

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

12  of the project may be funded from turnpike revenues.

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

14  turnpike improvements, financed from revenues of the turnpike

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

16  financed from revenues of the turnpike system, that the

17  project is expected to generate sufficient revenues to

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

19  

20  This subsection does not prohibit the pledging of revenues

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

22  refinance a turnpike project or group of turnpike projects.

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

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

25  amended to read:

26         338.2275  Approved turnpike projects.--

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

28  work program that contains the turnpike project constitutes

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

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

31  be outstanding to fund approved turnpike projects. Turnpike

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 1  projects approved to be included in future tentative work

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

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

 4  billion of bonds may be issued to fund approved turnpike

 5  projects.

 6         Section 9.  Section 338.234, Florida Statutes, is

 7  amended to read:

 8         338.234  Granting concessions or selling along the

 9  turnpike system; immunity from taxation.--

10         (1)  The department may enter into contracts or

11  licenses with any person for the sale of services or products

12  or business opportunities on the turnpike system, or the

13  turnpike enterprise may sell services, products, or business

14  opportunities on the turnpike system, which benefit the

15  traveling public or provide additional revenue to the turnpike

16  system. Services, business opportunities, and products

17  authorized to be sold include, but are not limited to, motor

18  fuel, vehicle towing, and vehicle maintenance services; food

19  with attendant nonalcoholic beverages; lodging, meeting rooms,

20  and other business services opportunities; advertising and

21  other promotional opportunities, which advertising and

22  promotions must be consistent with the dignity and integrity

23  of the state; state lottery tickets sold by authorized

24  retailers; games and amusements that operate by the

25  application of skill, not including games of chance as defined

26  in s. 849.16 or other illegal gambling games; Florida citrus,

27  goods promoting the state, or handmade goods produced within

28  the state; and travel information, tickets, reservations, or

29  other related services. However, the department, pursuant to

30  the grants of authority to the turnpike enterprise under this

31  section, shall not exercise the power of eminent domain solely

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 1  for the purpose of acquiring real property in order to provide

 2  business services or opportunities, such as lodging and

 3  meeting-room space on the turnpike system.

 4         (2)  The effectuation of the authorized purposes of the

 5  Florida Intrastate Highway System and Florida Turnpike

 6  Enterprise, created under this chapter, is for the benefit of

 7  the people of the state, for the increase of their commerce

 8  and prosperity, and for the improvement of their health and

 9  living conditions and, because the system and enterprise

10  perform essential government functions in effectuating such

11  purposes, neither the turnpike enterprise nor any

12  nongovernment lessee or licensee renting, leasing, or

13  licensing real property from the turnpike enterprise, pursuant

14  to an agreement authorized by this section are required to pay

15  any commercial rental tax imposed under s. 212.031 on any

16  capital improvements constructed, improved, acquired,

17  installed, or used for such purposes.

18         Section 10.  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 11.  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 12.  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 13.  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 14.  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  bituminous 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)  EXPEDITED PERMITTING.--Due to the state's critical

 9  infrastructure needs and the potential shortfall in available

10  construction aggregate materials, limerock environmental

11  resource permitting and reclamation applications filed after

12  March 1, 2007, are eligible for the expedited permitting

13  processes contained in s. 403.973, Florida Statutes.

14  Challenges to state agency action in the expedited permitting

15  process for establishment of a limerock mine in this state

16  under s. 403.973, Florida Statutes, are subject to the same

17  requirements as challenges brought under s. 403.973(15)(a),

18  Florida Statutes, except that, notwithstanding s. 120.574,

19  Florida Statutes, summary proceedings must be conducted within

20  30 days after a party files the motion for summary hearing,

21  regardless of whether the parties agree to the summary

22  proceeding.

23         (5)  STRATEGIC AGGREGATES REVIEW TASK FORCE.--

24         (a)  The Strategic Aggregates Review Task Force is

25  created to evaluate the availability and disposition of

26  construction aggregate materials and related mining and land

27  use practices in this state.

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

29  2007, and shall be composed of the following 19 members:

30  

31  

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

 2  House of Representatives, and the Governor shall each appoint

 3  one member from each of the following groups:

 4         a.  The mining industry.

 5         b.  The construction industry.

 6         c.  The transportation industries, including seaports,

 7  trucking, railroads, or roadbuilders.

 8         d.  Elected officials representing counties identified

 9  by the Department of Transportation as limestone or sand

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

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

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

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

14         e.  Environmental advocacy groups.

15         2.  The Secretary of Environmental Protection or

16  designee.

17         3.  The Secretary of Community Affairs or designee.

18         4.  The Secretary of Transportation or designee.

19         5.  One member appointed by the Florida League of

20  Cities, Inc.

21         (c)  Members of the commission shall serve without

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

23  not state employees shall be paid by the Department of

24  Transportation in accordance with s. 112.061, Florida

25  Statutes.

26         (d)  The Department of Environmental Protection shall

27  organize and provide administrative support for the task force

28  and coordinate with other state agencies and local governments

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

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

31  department may conduct any supporting studies as are required

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 1  to obtain needed information or otherwise assist the task

 2  force in its review and deliberations.

 3         (e)  The Department of Transportation shall collect and

 4  provide information to the task force relating to construction

 5  aggregate materials and the amount of such materials used by

 6  the department on state road infrastructure projects, and

 7  shall provide any technical and supporting information

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

 9  department.

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

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

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

13  identify locations with significant concentrations of

14  construction aggregate materials and recommend actions

15  intended to ensure the continued extraction and availability

16  of construction aggregate materials.

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

18         Section 15.  Subsection (27) is added to section

19  479.01, Florida Statutes, to read:

20         479.01  Definitions.--As used in this chapter, the

21  term:

22         (27)  "Wall mural" means a sign that is a painting or

23  an artistic work composed of photographs or arrangements of

24  color and that displays a commercial or noncommercial message,

25  relies solely on the side of the building for rigid structural

26  support, and is painted on the building or depicted on vinyl,

27  fabric, or other similarly flexible material that is held in

28  place flush or flat against the surface of the building. The

29  term excludes a painting or work placed on a structure that is

30  erected for the sole or primary purpose of signage.

31  

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 1         Section 16.  Section 479.155, Florida Statutes, is

 2  amended to read:

 3         479.155  Local outdoor advertising or sign

 4  ordinances.--The provisions of This chapter does shall not be

 5  deemed to supersede the rights and powers of counties and

 6  municipalities to enact outdoor advertising or sign

 7  ordinances. Notwithstanding any other provision of this

 8  chapter, a municipality or county may exercise jurisdiction

 9  over the regulation of wall murals within areas designated by

10  such governments; however, a wall mural that displays a

11  commercial message and is within 660 feet of the nearest edge

12  of the right-of-way within an area adjacent to the interstate

13  highway system or the federal-aid primary highway system must

14  be located in an area that is zoned for industrial or

15  commercial use. The municipality or county shall establish and

16  enforce regulations that set criteria governing the size,

17  lighting, and spacing of wall murals in such areas which are

18  consistent with the intent of the Highway Beautification Act

19  of 1965 and with customary use. A wall mural that is subject

20  to a local regulation and the Highway Beautification Act of

21  1965 must be approved by the Department of Transportation and

22  the Federal Highway Administration and may not violate the

23  agreement between the state and the United States Department

24  of Transportation or violate federal regulations enforced by

25  the Department of Transportation under s. 479.02(1).

26         Section 17.  This act shall take effect July 1, 2007.

27  

28  

29  

30  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2804

 3                                 

 4  The committee substitute for committee substitute (CS)
    clarifies that the Turnpike Enterprise and its vendors are
 5  exempt from the "commercial rental tax" on capital
    improvements made in the turnpike service plazas. It provides
 6  for expedited permitting for limerock environmental resources
    permitting and reclamation applications filed after March 1,
 7  2007.

 8  The CS defines the term "wall mural" for purposes of ch. 479,
    F.S., which governs outdoor advertising. It also provides for
 9  local government regulation of wall murals, except for wall
    murals within 660 feet of the right-of-way for the interstate
10  highway system or the federal-aid primary highways system
    which would also require the approval of the Department of
11  Transportation and the Federal Highway Administration. It
    makes a technical change.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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