Senate Bill sb2804c3

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    Florida Senate - 2007             CS for CS for CS for SB 2804

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



    592-2415-07

  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 term

 5         "construction aggregate materials"; providing

 6         legislative intent; prohibiting an agency from

 7         approving or denying a land use zoning change,

 8         comprehensive plan amendment, land use permit,

 9         ordinance, or order without consulting with the

10         Department of Transportation and considering

11         the effect of such decision; prohibiting a

12         local government from imposing a moratorium on

13         the mining or extraction of construction

14         aggregate materials of longer than a specified

15         period; providing that limerock environmental

16         resource permitting and reclamation

17         applications are eligible to be expedited;

18         establishing the Strategic Aggregates Review

19         Task Force; providing for membership, staffing,

20         reporting, and expiration; amending s. 479.01,

21         F.S.; defining the term "wall mural"; creating

22         s. 479.156, F.S.; providing for regulation of

23         wall murals by municipalities or counties;

24         requiring that certain wall murals be located

25         in areas zoned for industrial or commercial

26         use; requiring that the local regulation of

27         wall murals be consistent with specified

28         criteria; requiring the Department of

29         Transportation and the Federal Highway

30         Administration to approve a wall mural under

31         certain conditions; creating s. 337.026, F.S.;

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 1         granting the department authority to enter into

 2         agreements for construction aggregate

 3         materials; providing an effective date.

 4  

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

 6  

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

 8  Statutes, is amended to read:

 9         215.615  Fixed-guideway transportation systems

10  funding.--

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

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

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

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

15  refinance fixed capital expenditures for fixed-guideway

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

17  facilities appurtenant thereto, costs of issuance, and other

18  amounts relating to such financing or refinancing. Such

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

20  from sources other than revenues of the Department of

21  Transportation, in a manner acceptable to the Department of

22  Transportation. The Division of Bond Finance is authorized to

23  consider innovative financing techniques, technologies which

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

25  structures of potential financings findings that may result in

26  negotiated transactions. The following conditions apply to the

27  issuance of revenue bonds for fixed-guideway transportation

28  systems:

29         (a)  The department and any participating commuter rail

30  authority or regional transportation authority established

31  under chapter 343, local governments, or local governments

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 1  collectively by interlocal agreement having jurisdiction of a

 2  fixed-guideway transportation system may enter into an

 3  interlocal agreement to promote the efficient and

 4  cost-effective financing or refinancing of fixed-guideway

 5  transportation system projects by revenue bonds issued

 6  pursuant to this subsection. The terms of such interlocal

 7  agreements shall include provisions for the Department of

 8  Transportation to request the issuance of the bonds on behalf

 9  of the parties; shall provide that after reimbursement

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

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

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

13  contractually liable for an equal share of funding an amount

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

15  shall include any other terms, provisions, or covenants

16  necessary to the making of and full performance under such

17  interlocal agreement. Repayments made to the department under

18  any interlocal agreement are not pledged to the repayment of

19  bonds issued hereunder, and failure of the local governmental

20  authority to make such payment shall not affect the obligation

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

22         (b)  Revenue bonds issued pursuant to this subsection

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

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

25  issued pursuant to this section shall be payable from funds

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

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

28  revenues available for debt service shall never exceed a

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

30  State Transportation Trust Fund.

31  

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

 2  proceeds of the revenue bonds issued hereunder are designated

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

 4  11(d), Art. VII of the State Constitution, and the specific

 5  projects to be financed or refinanced shall be determined by

 6  the Department of Transportation in accordance with state law

 7  and appropriations from the State Transportation Trust Fund.

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

 9  issued pursuant to this subsection must first be approved by

10  the Legislature by an act of general law.

11         (d)  Any complaint for validation of bonds issued

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

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

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

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

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

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

18  is pending.

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

20  such revenue bonds or other instruments of indebtedness issued

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

22  provisions in any manner that will materially and adversely

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

24  by this subsection are outstanding.

25         (f)  This subsection supersedes any inconsistent

26  provisions in existing law.

27  

28  Notwithstanding this subsection, the lien of revenue bonds

29  issued pursuant to this subsection on moneys deposited into

30  the State Transportation Trust Fund shall be subordinate to

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

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 1  320.20, and 215.616, and any pledge of such moneys to pay

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

 3  chapter 348, as may be amended.

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

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

 6  amended to read:

 7         332.007  Administration and financing of aviation and

 8  airport programs and projects; state plan.--

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

10  the department may participate in the capital cost of eligible

11  public airport and aviation development projects in accordance

12  with the following rates, unless otherwise provided in the

13  General Appropriations Act or the substantive bill

14  implementing the General Appropriations Act:

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

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

17  eligible aviation development projects at publicly owned,

18  publicly operated airports. If federal funds are available but

19  insufficient to meet the maximum authorized federal share, the

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

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

22  have no scheduled commercial service.

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

24  contrary, the department is authorized to fund security

25  projects at provide operational and maintenance assistance to

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

27  to comply with enhanced federal security requirements or to

28  address related economic impacts from the events of September

29  11, 2001. For projects in the current adopted work program, or

30  projects added using the available budget of the department,

31  airports may request that the department change the project

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 1  purpose in accordance with this provision notwithstanding the

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

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

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

 5  releasing any funds under this section, the department shall

 6  review and approve the expenditure plans submitted by the

 7  airport. The department shall inform the Legislature of any

 8  change that it approves under this subsection. This subsection

 9  shall expire on June 30, 2012 2007.

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

11  Florida Statutes, are amended to read:

12         332.14  Secure Airports for Florida's Economy

13  Council.--

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

15  Council is created within the Department of Transportation.

16  The council shall consist of the following 27 members:

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

18  each of the following airports:

19         1.  Daytona Beach International Airport.

20         2.  Ft. Lauderdale-Hollywood International Airport.

21         3.  Gainesville Regional Airport.

22         4.  Jacksonville International Airport.

23         5.  Key West International Airport.

24         6.  Melbourne International Airport.

25         7.  Miami International Airport.

26         8.  Naples Municipal Airport.

27         9.  Okaloosa County Regional Airport.

28         10.  Orlando International Airport.

29         11.  Orlando-Sanford International Airport.

30         12.  Palm Beach County International Airport.

31         13.  Panama City-Bay County International Airport.

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 1         14.  Pensacola Regional Airport.

 2         15.  Sarasota-Bradenton International Airport.

 3         16.  Southwest Florida International Airport.

 4         17.  St. Petersburg-Clearwater International Airport.

 5         18.  Tallahassee Regional Airport.

 6         19.  Tampa International Airport.

 7         (b)  The executive directors of two general aviation

 8  airports appointed by the Florida Airports Council.

 9         (c)  The Secretary of the Department of Transportation

10  or his or her designee.

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

12  Economic Development or his or her designee.

13         (e)  The Secretary of the Department of Community

14  Affairs or his or her designee.

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

16  Enforcement or his or her designee.

17         (g)  A representative of the airline industry appointed

18  by the Air Transport Association.

19         (h)  A representative of the general aviation industry

20  appointed by the Florida Aviation Trades Association.

21         (4)  The council shall adopt bylaws governing the

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

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

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

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

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

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

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

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

30  voting members of the council constitutes a quorum for the

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

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 1  the majority of the members present is sufficient for any

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

 3  Department of Transportation, the Department of Community

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

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

 6  any action of the council approving a project pursuant to

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

 8  greater vote for a particular action.

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

10  337.11, Florida Statutes, is amended to read:

11         337.11  Contracting authority of department; bids;

12  emergency repairs, supplemental agreements, and change orders;

13  combined design and construction contracts; progress payments;

14  records; requirements of vehicle registration.--

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

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

17  which the department has waived prequalification under s.

18  337.14, the department shall advertise for bids in a newspaper

19  having general circulation in the county where the proposed

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

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

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

23  which bids are to be received.

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

25  Statutes, is amended to read:

26         337.14  Application for qualification; certificate of

27  qualification; restrictions; request for hearing.--

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

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

30  department proposes to let must first be certified by the

31  department as qualified pursuant to this section and rules of

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

 2  qualification of persons to bid on construction contracts in

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

 4  to the equipment, past record, experience, financial

 5  resources, and organizational personnel of the applicant

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

 7  person seeks certification. The department is authorized to

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

 9  qualified to bid or the aggregate total dollar volume of

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

11  one time. Each applicant seeking certification qualification

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

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

14  as the department may prescribe, setting forth detailed

15  information as required on the application. Each application

16  for certification shall be accompanied by the latest annual

17  financial statement of the applicant completed within the last

18  12 months. If the annual financial statement shows the

19  financial condition of the applicant more than 4 months prior

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

21  department, then an interim financial statement must also be

22  submitted. The interim financial statement must cover the

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

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

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

26  department. Each required annual or interim financial

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

28  certified public accountant or a public accountant approved by

29  the department. The information required by this subsection is

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

31  The department shall act upon the application for

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 1  qualification within 30 days after the department determines

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

 3  requirements of this subsection for projects having a contract

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

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

 6  endanger public health, safety, or property.

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

 8  337.18, Florida Statutes, is amended to read:

 9         337.18  Surety bonds for construction or maintenance

10  contracts; requirement with respect to contract award; bond

11  requirements; defaults; damage assessments.--

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

13  successful bidder in an amount equal to the awarded contract

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

15  and applicable only to multiyear maintenance contracts, to

16  allow for incremental annual contract bonds that cumulatively

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

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

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

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

21  noncritical nature and nonperformance will not endanger public

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

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

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

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

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

27  amount equal to the awarded contract price for a project

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

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

30  total contract price and provide an alternate means of

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

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 1  covered by the surety bond or provide for incremental surety

 2  bonding and provide an alternate means of security for the

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

 4  surety bond. Such alternative means of security may include

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

 6  company guaranties, and cash collateral. The department may

 7  require alternate means of security if a surety bond is

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

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

10  payable to the department and conditioned for the prompt,

11  faithful, and efficient performance of the contract according

12  to plans and specifications and within the time period

13  specified, and for the prompt payment of all persons

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

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

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

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

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

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

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

21  adopt rules to implement this subsection. Such rules shall

22  include provisions under which the department shall refuse to

23  accept bonds on contracts when a surety wrongfully fails or

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

25  arising under a contract for which the surety previously

26  furnished a bond.

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

28  Statutes, is amended to read:

29         338.221  Definitions of terms used in ss.

30  338.22-338.241.--As used in ss. 338.22-338.241, the following

31  

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 1  words and terms have the following meanings, unless the

 2  context indicates another or different meaning or intent:

 3         (8)  "Economically feasible" means:

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

 5  determined by the department before the issuance of revenue

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

 7  proposed turnpike project, excluding feeder roads and turnpike

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

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

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

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

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

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

14  of the project may be funded from turnpike revenues.

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

16  turnpike improvements, financed from revenues of the turnpike

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

18  financed from revenues of the turnpike system, that the

19  project is expected to generate sufficient revenues to

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

21  

22  This subsection does not prohibit the pledging of revenues

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

24  refinance a turnpike project or group of turnpike projects.

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

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

27  amended to read:

28         338.2275  Approved turnpike projects.--

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

30  work program that contains the turnpike project constitutes

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

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

 2  be outstanding to fund approved turnpike projects. Turnpike

 3  projects approved to be included in future tentative work

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

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

 6  billion of bonds may be issued to fund approved turnpike

 7  projects.

 8         Section 9.  Section 338.234, Florida Statutes, is

 9  amended to read:

10         338.234  Granting concessions or selling along the

11  turnpike system; immunity from taxation.--

12         (1)  The department may enter into contracts or

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

14  or business opportunities on the turnpike system, or the

15  turnpike enterprise may sell services, products, or business

16  opportunities on the turnpike system, which benefit the

17  traveling public or provide additional revenue to the turnpike

18  system. Services, business opportunities, and products

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

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

21  with attendant nonalcoholic beverages; lodging, meeting rooms,

22  and other business services opportunities; advertising and

23  other promotional opportunities, which advertising and

24  promotions must be consistent with the dignity and integrity

25  of the state; state lottery tickets sold by authorized

26  retailers; games and amusements that operate by the

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

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

29  goods promoting the state, or handmade goods produced within

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

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

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 1  the grants of authority to the turnpike enterprise under this

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

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

 4  business services or opportunities, such as lodging and

 5  meeting-room space on the turnpike system.

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

 7  Florida Intrastate Highway System and Florida Turnpike

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

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

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

11  living conditions and, because the system and enterprise

12  perform essential government functions in effectuating such

13  purposes, neither the turnpike enterprise nor any

14  nongovernment lessee or licensee renting, leasing, or

15  licensing real property from the turnpike enterprise, pursuant

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

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

18  capital improvements constructed, improved, acquired,

19  installed, or used for such purposes.

20         Section 10.  Section 339.282, Florida Statutes, is

21  created to read:

22         339.282  Enhanced Bridge Program for Sustainable

23  Transportation.--

24         (1)  There is created within the Department of

25  Transportation the Enhanced Bridge Program for Sustainable

26  Transportation for the purpose of providing funds to improve

27  the sufficiency rating of local bridges and to improve

28  congested roads on the State Highway System or local corridors

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

30  corridor or provide an alternative corridor.

31  

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

 2  up to 50 percent of project costs.

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

 4  percent of funding available for the program for local bridge

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

 6  countermeasures to highway bridges located on public roads,

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

 8  funded must, at a minimum:

 9         (a)  Be classified as a structurally deficient bridge

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

11  substructure component, or culvert;

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

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

14  vehicles.

15         (4)  Special consideration shall be given to bridges

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

17  of less than 10 tons.

18         (5)  The department shall allocate remaining funding

19  available for the program to improve highly congested roads on

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

21  bridges are located in order to improve the corridor or

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

23  at a minimum:

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

25  corridor that is backlogged or constrained; and

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

27  than $25 million.

28         (6)  Preference shall be given to bridge projects

29  located on corridors that connect to the Strategic Intermodal

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

31  

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 1  regionally significant in accordance with s.

 2  339.155(5)(c),(d), and (e).

 3         Section 11.  Subsection (1) of section 339.08, Florida

 4  Statutes, is amended to read:

 5         339.08  Use of moneys in State Transportation Trust

 6  Fund.--

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

 8  Transportation Trust Fund accruing to the department, in

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

10  shall be restricted to the following purposes:

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

12  including administrative expenses incurred by the several

13  state transportation districts, but excluding administrative

14  expenses of commuter rail authorities that do not operate rail

15  service.

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

17  Highway System.

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

19  System.

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

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

22         (e)  To reimburse counties or municipalities for

23  expenditures made on projects in the State Highway System as

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

25         (f)  To pay the cost of economic development

26  transportation projects in accordance with s. 288.063.

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

28  maintenance, and capital costs of a revenue-producing

29  transportation project that is located on the State Highway

30  System or that is demonstrated to relieve traffic congestion

31  on the State Highway System.

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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.--As used in this section, the term

25  "construction aggregate materials" means crushed stone,

26  limestone, dolomite, limerock, shell rock, cemented coquina,

27  sand for use as a component of mortars, concrete, bituminous

28  mixtures, or underdrain filters, and other mined resources

29  providing the basic material for concrete, asphalt, and road

30  base.

31  

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

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

 3  of construction aggregate materials within the state and that

 4  a disruption of the supply would cause significant detriment

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

 6  and overall health, safety, and welfare.

 7         (3)  LOCAL GOVERNMENT DECISIONMAKING.--No local

 8  government shall approve or deny a proposed land use zoning

 9  change, comprehensive plan amendment, land use permit,

10  ordinance, or order regarding construction aggregate materials

11  without considering all information provided by the Department

12  of Transportation regarding the effect such change, amendment,

13  permit decision, ordinance, or order would have on the

14  availability, transportation, and potential extraction of

15  construction aggregate materials on the local area, the

16  region, and the state. The failure of the Department of

17  Transportation to provide this information shall not be a

18  basis for the delay or invalidation of the local government

19  action. No local government may impose a moratorium on the

20  mining or extraction of construction aggregate materials which

21  lasts more than 12 months, commencing on the date on which the

22  vote to impose the moratorium was taken. January 1, 2007,

23  shall serve as the commencement of the 12-month period for

24  moratoria already in place as of July 1, 2007 .

25         (4)  EXPEDITED PERMITTING.--Due to the state's critical

26  infrastructure needs and the potential shortfall in available

27  construction aggregate materials, limerock environmental

28  resource permitting and reclamation applications filed after

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

30  processes contained in s. 403.973, Florida Statutes.

31  Challenges to state agency action in the expedited permitting

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 1  process for establishment of a limerock mine in this state

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

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

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

 5  Florida Statutes, summary proceedings must be conducted within

 6  30 days after a party files the motion for summary hearing,

 7  regardless of whether the parties agree to the summary

 8  proceeding.

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

10         (a)  The Strategic Aggregates Review Task Force is

11  created to evaluate the availability and disposition of

12  construction aggregate materials and related mining and land

13  use practices in this state.

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

15  2007, and shall be composed of the following 19 members:

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

17  House of Representatives, and the Governor shall each appoint

18  one member from each of the following groups:

19         a.  The mining industry.

20         b.  The construction industry.

21         c.  The transportation industries, including seaports,

22  trucking, railroads, or roadbuilders.

23         d.  Elected officials representing counties identified

24  by the Department of Transportation as limestone or sand

25  resource areas. Rural, mid-size, and urban counties shall each

26  have one elected official on the task force.

27         e.  Environmental advocacy groups.

28         2.  The Secretary of Environmental Protection or

29  designee.

30         3.  The Secretary of Community Affairs or designee.

31         4.  The Secretary of Transportation or designee.

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 1         5.  One member appointed by the Florida League of

 2  Cities, Inc.

 3         (c)  Members of the commission shall serve without

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

 5  not state employees shall be paid by the Department of

 6  Transportation in accordance with s. 112.061, Florida

 7  Statutes.

 8         (d)  The Department of Transportation shall organize

 9  and provide administrative support for the task force and

10  coordinate with other state agencies and local governments in

11  obtaining and providing such data and information as may be

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

13  department may conduct any supporting studies as are required

14  to obtain needed information or otherwise assist the task

15  force in its review and deliberations.

16         (e)  The Department of Transportation shall collect and

17  provide information to the task force relating to construction

18  aggregate materials and the amount of such materials used by

19  the department on state road infrastructure projects, and

20  shall provide any technical and supporting information

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

22  department.

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

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

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

26  identify locations with significant concentrations of

27  construction aggregate materials and recommend actions

28  intended to ensure the continued extraction and availability

29  of construction aggregate materials.

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

31  

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

 2  479.01, Florida Statutes, to read:

 3         479.01  Definitions.--As used in this chapter, the

 4  term:

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

 6  an artistic work composed of photographs or arrangements of

 7  color and that displays a commercial or noncommercial message,

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

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

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

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

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

13  erected for the sole or primary purpose of signage.

14         Section 16.  Section 479.156, Florida Statutes, is

15  created to read:

16         479.156  Wall murals.--Notwithstanding any other

17  provision of this chapter, a municipality or county may permit

18  and regulate wall murals within areas designated by such

19  government. If a municipality or county permits wall murals, a

20  wall mural that displays a commercial message and is within

21  660 feet of the nearest edge of the right-of-way within an

22  area adjacent to the interstate highway system or the

23  federal-aid primary highway system shall be located in an area

24  that is zoned for industrial or commercial use and the

25  municipality or county shall establish and enforce regulations

26  for such areas that, at a minimum, set forth criteria

27  governing the size, lighting, and spacing of wall murals

28  consistent with the intent of the Highway Beautification Act

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

30  to municipal or county regulation and the Highway

31  Beautification Act of 1965 must be approved by the Department

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 1  of Transportation and the Federal Highway Administration and

 2  may not violate the agreement between the state and the United

 3  States Department of Transportation or violate federal

 4  regulations enforced by the Department of Transportation under

 5  s. 479.02(1).

 6         Section 17.  Section 337.026, Florida Statutes, is

 7  created to read:

 8         337.026  Authority of department to enter into

 9  agreements for construction aggregate materials.--

10         (1)  The department may pursue innovative contractual

11  or engineering techniques that will provide reliable and

12  economic supplies of construction aggregate materials and that

13  control time and cost increases on construction projects.

14         (2)  The department may enter into agreements with

15  private or public entities. Such agreements may include, but

16  are not limited to, acquisition of materials or resources or

17  long-term leases for terms not to exceed 99 years which will

18  advance the state's transportation needs.

19         (3)  To the maximum extent practicable, the department

20  must use the existing process to award and administer such

21  contractual or engineering techniques. When specific

22  contractual or engineering techniques are to be used, the

23  department is not required to adhere to provisions of law that

24  would prevent, preclude, or prohibit it from using the

25  contractual or engineering technique. However, prior to using

26  an innovative contractual or engineering technique that is

27  inconsistent with another provision of law, the department

28  must document in writing the need for the exception and

29  specify the benefits that the traveling public and the

30  affected community are anticipated to receive.

31         Section 18.  This act shall take effect July 1, 2007.

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

 3                                 

 4  Clarification is made to the provisions regarding the siting
    and regulating of wall murals.
 5  
    The Strategic Aggregates Review Task Force is reassigned from
 6  the Department of Environmental Protection to the Department
    of Transportation.
 7  
    A new provision is added that encourages the Department of
 8  Transportation to enter into innovative contractual or
    engineering techniques to increase the supplies of aggregate
 9  materials and to also utilize long-term agreements with
    entities to acquire materials or resources needed.
10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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