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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 112-182

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and insert:

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expense except as provided in paragraphs (a), (b), and (c), (d),

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and (e).

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     (a)  If the relocation of utility facilities, as referred to

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in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 627

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of the 84th Congress, is necessitated by the construction of a

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project on the federal-aid interstate system, including

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extensions thereof within urban areas, and the cost of such

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project is eligible and approved for reimbursement by the Federal

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Government to the extent of 90 percent or more under the Federal

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Aid Highway Act, or any amendment thereof, then in that event the

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utility owning or operating such facilities shall relocate such

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facilities upon order of the department, and the state shall pay

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the entire expense properly attributable to such relocation after

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deducting therefrom any increase in the value of the new facility

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and any salvage value derived from the old facility.

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     (b)  When a joint agreement between the department and the

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utility is executed for utility improvement, relocation, or

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removal work to be accomplished as part of a contract for

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construction of a transportation facility, the department may

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participate in those utility improvement, relocation, or removal

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costs that exceed the department's official estimate of the cost

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of such work by more than 10 percent. The amount of such

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participation shall be limited to the difference between the

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official estimate of all the work in the joint agreement plus 10

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percent and the amount awarded for this work in the construction

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contract for such work. The department may not participate in any

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utility improvement, relocation, or removal costs that occur as a

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result of changes or additions during the course of the contract.

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     (c)  When an agreement between the department and utility is

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executed for utility improvement, relocation, or removal work to

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be accomplished in advance of a contract for construction of a

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transportation facility, the department may participate in the

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cost of clearing and grubbing necessary to perform such work.

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     (d) If the utility facility being removed or relocated was

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initially installed exclusively to serve the department, its

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tenants, or both the department and its tenants, the department

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shall bear the costs of removal or relocation of that utility

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facility. However, the department shall not be responsible for

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bearing the cost of removal or relocation of any subsequent

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additions to the utility facility for the purpose of serving

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others.

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     (e) If pursuant to an agreement between a utility and the

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authority entered into after the effective date of this

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subsection, the utility conveys, subordinates or relinquishes a

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compensable property right to the authority for the purpose of

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accommodating the acquisition or use of the right of way by the

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authority, without the agreement expressly addressing future

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responsibility for cost of removal or relocation of the utility,

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then the authority shall bear the cost of such removal or

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relocation. Nothing herein is intended to impair or restrict, or

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be used to interpret, the terms of any agreement entered into

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prior to the effective date of this subsection.

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     Section 3.  Subsection (5) of section 125.42, Florida

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Statutes, is amended to read:

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     125.42  Water, sewage, gas, power, telephone, other utility,

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and television lines along county roads and highways.--

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     (5)  In the event of widening, repair, or reconstruction of

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any such road, the licensee shall move or remove such water,

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sewage, gas, power, telephone, and other utility lines and

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television lines at no cost to the county except as provided in

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s. 337.403(1)(e).

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     Section 4.  Subsection (6) is added to section 338.01,

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Florida Statutes, to read:

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     338.01  Authority to establish and regulate limited access

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facilities.--

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     (6) Notwithstanding any other provision of law, all new

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limited access facilities and existing transportation facilities

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on which new or replacement electronic toll collection systems

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are installed shall be interoperable with the department's

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electronic toll collection system.

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     Section 5.  Present subsections (7) and (8) of section

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338.165, Florida Statutes, are redesignated as subsections (8)

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and (9), respectively, and a new subsection (7) is added to that

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section, to read:

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     338.165  Continuation of tolls.--

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     (7) This section does not apply to high-occupancy toll

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lanes or express lanes.

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     Section 6.  Section 338.166, Florida Statutes, is created to

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read:

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     338.166 High-occupancy toll lanes or express lanes.--

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     (1) Under s. 11, Art. VII of the State Constitution, the

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department may request the Division of Bond Finance to issue

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bonds secured by toll revenues collected on high-occupancy toll

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lanes or express lanes located on Interstate 95 in Miami-Dade and

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Broward Counties.

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     (2) The department may continue to collect the toll on the

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high-occupancy toll lanes or express lanes after the discharge of

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any bond indebtedness related to such project. All tolls so

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collected shall first be used to pay the annual cost of the

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operation, maintenance, and improvement of the high-occupancy

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toll lanes or express lanes project or associated transportation

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system.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line 9

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and insert:

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corridor; amending s. 125.42, F.S.; providing an exception

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to utility owners from the responsibility for relocating

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utilities along county roads and highways; amending s.

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338.01, F.S.; requiring that newly

4/18/2008  4:49:00 PM     TR.TA.08043