1

A bill to be entitled

2

An act relating to the Department of Transportation;

3

amending s. 337.185, F.S.; providing for maintenance

4

contracts to be included in the types of claims settled by

5

the State Arbitration Board; amending s. 337.403, F.S.;

6

providing for the department or a local governmental

7

entity to pay the costs of removing or relocating a

8

utility that is interfering with the use of a road or rail

9

corridor; amending s. 338.01, F.S.; requiring that newly

10

installed electronic toll collection systems be

11

interoperable with the department's electronic toll

12

collection system; amending s. 338.165, F.S.; providing

13

that provisions requiring the continuation of tolls

14

following the discharge of bond indebtedness does not

15

apply to high-occupancy toll lanes or express lanes;

16

creating s. 338.166, F.S.; authorizing the department to

17

request that bonds be issued which are secured by toll

18

revenues from high-occupancy toll or express lanes in a

19

specified location; providing for the department to

20

continue to collect tolls after discharge of indebtedness;

21

authorizing the use of excess toll revenues for

22

improvements to the State Highway System; amending s.

23

338.2216, F.S.; directing the turnpike enterprise to

24

develop new technologies and processes for the collection

25

of tolls and usage fees; amending s. 338.231, F.S.;

26

eliminating reference to uniform toll rates on the Florida

27

Turnpike System; authorizing the department to fix by rule

28

and collect the amounts needed to cover toll collection

29

costs; amending s. 479.01, F.S.; redefining the term

30

"automatic changeable facing" as used in provisions

31

governing outdoor advertising; amending s. 479.07, F.S.;

32

revising the locations within which signs require

33

permitting; providing requirements for the placement of

34

permit tags; requiring the department to establish by rule

35

a service fee for replacement tags; amending s. 479.08,

36

F.S.; deleting a provision allowing a sign permittee to

37

correct false information that was knowingly provided to

38

the department; amending s. 479.11, F.S.; revising the

39

description of prohibited signs; amending s. 479.261,

40

F.S.; revising requirements for the logo sign program of

41

the interstate highway system; deleting provisions

42

providing for permits to be awarded to the highest

43

bidders; requiring the department to implement a rotation-

44

based logo program; increasing the permit fee for

45

businesses that participate in the program; providing an

46

effective date.

47

48

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

49

50

     Section 1.  Subsections (1), (2), and (7) of section

51

337.185, Florida Statutes, are amended to read:

52

     337.185  State Arbitration Board.--

53

     (1)  To facilitate the prompt settlement of claims for

54

additional compensation arising out of construction and

55

maintenance contracts between the department and the various

56

contractors with whom it transacts business, the Legislature does

57

hereby establish the State Arbitration Board, referred to in this

58

section as the "board." For the purpose of this section, "claim"

59

means shall mean the aggregate of all outstanding claims by a

60

party arising out of a construction or maintenance contract.

61

Every contractual claim in an amount up to $250,000 per contract

62

or, at the claimant's option, up to $500,000 per contract or,

63

upon agreement of the parties, up to $1 million per contract

64

which that cannot be resolved by negotiation between the

65

department and the contractor shall be arbitrated by the board

66

after acceptance of the project by the department. As an

67

exception, either party to the dispute may request that the claim

68

be submitted to binding private arbitration. A court of law may

69

not consider the settlement of such a claim until the process

70

established by this section has been exhausted.

71

     (2)  The board shall be composed of three members. One

72

member shall be appointed by the head of the department, and one

73

member shall be elected by those construction or maintenance

74

companies who are under contract with the department. The third

75

member shall be chosen by agreement of the other two members.

76

Whenever the third member has a conflict of interest regarding

77

affiliation with one of the parties, the other two members shall

78

select an alternate member for that hearing. The head of the

79

department may select an alternative or substitute to serve as

80

the department member for any hearing or term. Each member shall

81

serve a 2-year term. The board shall elect a chair, each term,

82

who shall be the administrator of the board and custodian of its

83

records.

84

     (7)  The members of the board may receive compensation for

85

the performance of their duties hereunder, from administrative

86

fees received by the board, except that no employee of the

87

department may receive compensation from the board. The

88

compensation amount shall be determined by the board, but shall

89

not exceed $125 per hour, up to a maximum of $1,000 per day for

90

each member authorized to receive compensation. Nothing in This

91

section does not shall prevent the member elected by construction

92

or maintenance companies from being an employee of an association

93

affiliated with the industry, even if the sole responsibility of

94

that member is service on the board. Travel expenses for the

95

industry member may be paid by an industry association, if

96

necessary. The board may allocate funds annually for clerical and

97

other administrative services.

98

     Section 2.  Subsection (1) of section 337.403, Florida

99

Statutes, is amended to read:

100

     337.403  Relocation of utility; expenses.--

101

     (1)  Any utility heretofore or hereafter placed upon, under,

102

over, or along any public road or publicly owned rail corridor

103

which that is found by the authority to be unreasonably

104

interfering in any way with the convenient, safe, or continuous

105

use, or the maintenance, improvement, extension, or expansion, of

106

such public road or publicly owned rail corridor shall, upon 30

107

days' written notice to the utility or its agent by the

108

authority, be removed or relocated by such utility at its own

109

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

110

(d).

111

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

112

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

113

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

114

project on the federal-aid interstate system, including

115

extensions thereof within urban areas, and the cost of such

116

project is eligible and approved for reimbursement by the Federal

117

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

118

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

119

utility owning or operating such facilities shall relocate such

120

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

121

the entire expense properly attributable to such relocation after

122

deducting therefrom any increase in the value of the new facility

123

and any salvage value derived from the old facility.

124

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

125

utility is executed for utility improvement, relocation, or

126

removal work to be accomplished as part of a contract for

127

construction of a transportation facility, the department may

128

participate in those utility improvement, relocation, or removal

129

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

130

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

131

participation shall be limited to the difference between the

132

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

133

percent and the amount awarded for this work in the construction

134

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

135

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

136

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

137

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

138

executed for utility improvement, relocation, or removal work to

139

be accomplished in advance of a contract for construction of a

140

transportation facility, the department may participate in the

141

cost of clearing and grubbing necessary to perform such work.

142

     (d) If the facility being relocated exclusively serves the

143

authority, the authority shall bear the costs of removal or

144

relocation.

145

     Section 3.  Subsection (6) is added to section 338.01,

146

Florida Statutes, to read:

147

     338.01  Authority to establish and regulate limited access

148

facilities.--

149

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

150

limited access facilities and existing transportation facilities

151

on which new or replacement electronic toll collection systems

152

are installed shall be interoperable with the department's

153

electronic toll collection system.

154

     Section 4.  Present subsections (7) and (8) of section

155

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

156

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

157

section, to read:

158

     338.165  Continuation of tolls.--

159

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

160

lanes or express lanes.

161

     Section 5.  Section 338.166, Florida Statutes, is created to

162

read:

163

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

164

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

165

department may request the Division of Bond Finance to issue

166

bonds secured by toll revenues collected on high-occupancy toll

167

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

168

Broward Counties.

169

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

170

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

171

any bond indebtedness related to such project. All tolls so

172

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

173

operation, maintenance, and improvement of the high-occupancy

174

toll lanes or express lanes project.

175

(3) Any remaining toll revenue from the high-occupancy toll

176

lanes or express lanes shall be used by the department for the

177

construction, maintenance, or improvement of any road on the

178

State Highway System.

179

(4) Except for high-occupancy toll lanes or express lanes,

180

tolls may not be charged for use of an interstate highway where

181

tolls were not charged as of July 1, 1997.

182

(5) This section does not apply to the turnpike system as

183

defined under the Florida Turnpike Enterprise Law.

184

     Section 6.  Paragraph (d) is added to subsection (1) of

185

section 338.2216, Florida Statutes, to read:

186

     338.2216  Florida Turnpike Enterprise; powers and

187

authority.--

188

     (1)

189

     (d) The turnpike enterprise is directed to pursue and

190

implement new technologies and processes in its operations and in

191

the collection of tolls and other amounts associated with road

192

and infrastructure use. This shall include, without limitation,

193

video billing and variable pricing.

194

     Section 7.  Section 338.231, Florida Statutes, is amended to

195

read:

196

     338.231  Turnpike tolls, fixing; pledge of tolls and other

197

revenues.--The department shall at all times fix, adjust, charge,

198

and collect such tolls for the use of the turnpike system as are

199

required in order to provide a fund sufficient with other

200

revenues of the turnpike system to pay the cost of maintaining,

201

improving, repairing, and operating such turnpike system; to pay

202

the principal of and interest on all bonds issued to finance or

203

refinance any portion of the turnpike system as the same become

204

due and payable; and to create reserves for all such purposes.

205

     (1) In the process of effectuating toll rate increases over

206

the period 1988 through 1992, the department shall, to the

207

maximum extent feasible, equalize the toll structure, within each

208

vehicle classification, so that the per mile toll rate will be

209

approximately the same throughout the turnpike system. New

210

turnpike projects may have toll rates higher than the uniform

211

system rate where such higher toll rates are necessary to qualify

212

the project in accordance with the financial criteria in the

213

turnpike law. Such higher rates may be reduced to the uniform

214

system rate when the project is generating sufficient revenues to

215

pay the full amount of debt service and operating and maintenance

216

costs at the uniform system rate. If, after 15 years of opening

217

to traffic, the annual revenue of a turnpike project does not

218

meet or exceed the annual debt service requirements and operating

219

and maintenance costs attributable to such project, the

220

department shall, to the maximum extent feasible, establish a

221

toll rate for the project which is higher than the uniform system

222

rate as necessary to meet such annual debt service requirements

223

and operating and maintenance costs. The department may, to the

224

extent feasible, establish a temporary toll rate at less than the

225

uniform system rate for the purpose of building patronage for the

226

ultimate benefit of the turnpike system. In no case shall the

227

temporary rate be established for more than 1 year. The

228

requirements of this subsection shall not apply when the

229

application of such requirements would violate any covenant

230

established in a resolution or trust indenture relating to the

231

issuance of turnpike bonds.

232

     (1)(2) Notwithstanding any other provision of law, the

233

department may defer the scheduled July 1, 1993, toll rate

234

increase on the Homestead Extension of the Florida Turnpike until

235

July 1, 1995. The department may also advance funds to the

236

Turnpike General Reserve Trust Fund to replace estimated lost

237

revenues resulting from this deferral. The amount advanced must

238

be repaid within 12 years from the date of advance; however, the

239

repayment is subordinate to all other debt financing of the

240

turnpike system outstanding at the time repayment is due.

241

     (2)(3) The department shall publish a proposed change in

242

the toll rate for the use of an existing toll facility, in the

243

manner provided for in s. 120.54, which will provide for public

244

notice and the opportunity for a public hearing before the

245

adoption of the proposed rate change. When the department is

246

evaluating a proposed turnpike toll project under s. 338.223 and

247

has determined that there is a high probability that the project

248

will pass the test of economic feasibility predicated on proposed

249

toll rates, the toll rate that is proposed to be charged after

250

the project is constructed must be adopted during the planning

251

and project development phase of the project, in the manner

252

provided for in s. 120.54, including public notice and the

253

opportunity for a public hearing. For such a new project, the

254

toll rate becomes effective upon the opening of the project to

255

traffic.

256

     (3)(a)(4) For the period July 1, 1998, through June 30,

257

2017, the department shall, to the maximum extent feasible,

258

program sufficient funds in the tentative work program such that

259

the percentage of turnpike toll and bond financed commitments in

260

Dade County, Broward County, and Palm Beach County as compared to

261

total turnpike toll and bond financed commitments shall be at

262

least 90 percent of the share of net toll collections

263

attributable to users of the turnpike system in Dade County,

264

Broward County, and Palm Beach County as compared to total net

265

toll collections attributable to users of the turnpike system.

266

The requirements of this subsection do not apply when the

267

application of such requirements would violate any covenant

268

established in a resolution or trust indenture relating to the

269

issuance of turnpike bonds. The department may establish at any

270

time for economic considerations lower temporary toll rates for a

271

new or existing toll facility for a period not to exceed 1 year,

272

after which period the toll rates adopted under s. 120.54 shall

273

become effective.

274

     (b) The department shall also fix, adjust, charge, and

275

collect such amounts needed to cover the costs of administering

276

the different toll collection and payment methods and types of

277

accounts being offered and used in the manner provided for in s.

278

120.54, which provides for public notice and the opportunity for

279

a public hearing before adoption. Such amounts may stand alone,

280

be incorporated into a toll rate structure, or be a combination

281

thereof.

282

     (4)(5) When bonds are outstanding which have been issued to

283

finance or refinance any turnpike project, the tolls and all

284

other revenues derived from the turnpike system and pledged to

285

such bonds shall be set aside as may be provided in the

286

resolution authorizing the issuance of such bonds or the trust

287

agreement securing the same. The tolls or other revenues or other

288

moneys so pledged and thereafter received by the department are

289

immediately subject to the lien of such pledge without any

290

physical delivery thereof or further act. The lien of any such

291

pledge is valid and binding as against all parties having claims

292

of any kind in tort or contract or otherwise against the

293

department irrespective of whether such parties have notice

294

thereof. Neither the resolution nor any trust agreement by which

295

a pledge is created need be filed or recorded except in the

296

records of the department.

297

     (5)(6) In each fiscal year while any of the bonds of the

298

Broward County Expressway Authority series 1984 and series 1986-A

299

remain outstanding, the department is authorized to pledge

300

revenues from the turnpike system to the payment of principal and

301

interest of such series of bonds and the operation and

302

maintenance expenses of the Sawgrass Expressway, to the extent

303

gross toll revenues of the Sawgrass Expressway are insufficient

304

to make such payments. The terms of an agreement relative to the

305

pledge of turnpike system revenue will be negotiated with the

306

parties of the 1984 and 1986 Broward County Expressway Authority

307

lease-purchase agreements, and subject to the covenants of those

308

agreements. The agreement shall establish that the Sawgrass

309

Expressway shall be subject to the planning, management, and

310

operating control of the department limited only by the terms of

311

the lease-purchase agreements. The department shall provide for

312

the payment of operation and maintenance expenses of the Sawgrass

313

Expressway until such agreement is in effect. This pledge of

314

turnpike system revenues shall be subordinate to the debt service

315

requirements of any future issue of turnpike bonds, the payment

316

of turnpike system operation and maintenance expenses, and

317

subject to provisions of any subsequent resolution or trust

318

indenture relating to the issuance of such turnpike bonds.

319

     (6)(7) The use and disposition of revenues pledged to bonds

320

are subject to the provisions of ss. 338.22-338.241 and such

321

regulations as the resolution authorizing the issuance of such

322

bonds or such trust agreement may provide.

323

     Section 8.  Subsection (1) of section 479.01, Florida

324

Statutes, is amended to read:

325

     479.01  Definitions.--As used in this chapter, the term:

326

     (1) "Automatic changeable facing" means a facing that which

327

through a mechanical system is capable of delivering two or more

328

advertising messages through an automated or remotely controlled

329

process and shall not rotate so rapidly as to cause distraction

330

to a motorist.

331

     Section 9.  Subsections (1) and (5) of section 479.07,

332

Florida Statutes, are amended to read:

333

     479.07  Sign permits.--

334

     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a

335

person may not erect, operate, use, or maintain, or cause to be

336

erected, operated, used, or maintained, any sign on the State

337

Highway System outside an urban incorporated area, as defined in

338

s. 334.03(32), or on any portion of the interstate or federal-aid

339

primary highway system without first obtaining a permit for the

340

sign from the department and paying the annual fee as provided in

341

this section. For purposes of this section, "on any portion of

342

the State Highway System, interstate, or federal-aid primary

343

system" shall mean a sign located within the controlled area

344

which is visible from any portion of the main-traveled way of

345

such system.

346

     (5)(a)  For each permit issued, the department shall furnish

347

to the applicant a serially numbered permanent metal permit tag.

348

The permittee is responsible for maintaining a valid permit tag

349

on each permitted sign facing at all times. The tag shall be

350

securely attached to the sign apron at the end nearest the

351

highway facing or, if there is no apron facing, on the pole

352

nearest the highway at a point not less than 2 feet or more than

353

4 feet below the sign facing; and it shall be attached in such a

354

manner as to be plainly visible from the main-traveled way. For

355

signs holding valid permits on July 1, 2008, the tag posting

356

requirement shall be effective July 1, 2010. The permit will

357

become void unless the permit tag is properly and permanently

358

displayed at the permitted site within 30 days after the date of

359

permit issuance. If the permittee fails to erect a completed sign

360

on the permitted site within 270 days after the date on which the

361

permit was issued, the permit will be void, and the department

362

may not issue a new permit to that permittee for the same

363

location for 270 days after the date on which the permit became

364

void.

365

     (b)  If a permit tag is lost, stolen, or destroyed, the

366

permittee to whom the tag was issued must apply to the department

367

for a replacement tag. The department shall establish by rule a

368

service fee for replacement tags in an amount that will recover

369

the actual cost of providing the replacement tag. Upon receipt of

370

the application accompanied by the a service fee of $3, the

371

department shall issue a replacement permit tag.

372

     Section 10.  Section 479.08, Florida Statutes, is amended to

373

read:

374

     479.08  Denial or revocation of permit.--The department has

375

the authority to deny or revoke any permit requested or granted

376

under this chapter in any case in which it determines that the

377

application for the permit contains knowingly false or misleading

378

information. The department has the authority to revoke any

379

permit granted under this chapter in any case where or that the

380

permittee has violated any of the provisions of this chapter,

381

unless such permittee, within 30 days after the receipt of notice

382

by the department, corrects such false or misleading information

383

and complies with the provisions of this chapter. Any person

384

aggrieved by any action of the department in denying or revoking

385

a permit under this chapter may, within 30 days after receipt of

386

the notice, apply to the department for an administrative hearing

387

pursuant to chapter 120. If a timely request for hearing has been

388

filed and the department issues a final order revoking a permit,

389

such revocation shall be effective 30 days after the date of

390

rendition. Except for department action pursuant to s.

391

479.107(1), the filing of a timely and proper notice of appeal

392

shall operate to stay the revocation until the department's

393

action is upheld.

394

     Section 11.  Subsection (2) of section 479.11, Florida

395

Statutes, is amended to read:

396

     479.11  Specified signs prohibited.--No sign shall be

397

erected, used, operated, or maintained:

398

     (2)  Beyond 660 feet of the nearest edge of the right-of-way

399

of any portion of the interstate highway system or the federal-

400

aid primary highway system outside an urban area, the advertising

401

message or informative contents of which sign is visible from the

402

main traveled way erected for the purpose of its message being

403

read from the main-traveled way of such system, except as

404

provided in ss. 479.111(1) and 479.16.

405

     Section 12.  Subsections (1), (3), (4), and (5) of section

406

479.261, Florida Statutes, are amended to read:

407

     479.261  Logo sign program.--

408

     (1)  The department shall establish a logo sign program for

409

the rights-of-way of the interstate highway system to provide

410

information to motorists about available gas, food, lodging, and

411

camping, attractions, and other services, as approved by the

412

Federal Highway Administration at interchanges, through the use

413

of business logos, and may include additional interchanges under

414

the program. A logo sign for nearby attractions may be added to

415

this program if allowed by federal rules.

416

     (a)  An attraction as used in this chapter is defined as an

417

establishment, site, facility, or landmark that which is open a

418

minimum of 5 days a week for 52 weeks a year; that which charges

419

an admission for entry; which has as its principal focus family-

420

oriented entertainment, cultural, educational, recreational,

421

scientific, or historical activities; and that which is publicly

422

recognized as a bona fide tourist attraction. However, the

423

permits for businesses seeking to participate in the attractions

424

logo sign program shall be awarded by the department annually to

425

the highest bidders, notwithstanding the limitation on fees in

426

subsection (5), which are qualified for available space at each

427

qualified location, but the fees therefor may not be less than

428

the fees established for logo participants in other logo

429

categories.

430

     (b)  The department shall incorporate the use of RV-friendly

431

markers on specific information logo signs for establishments

432

that cater to the needs of persons driving recreational vehicles.

433

Establishments that qualify for participation in the specific

434

information logo program and that also qualify as "RV-friendly"

435

may request the RV-friendly marker on their specific information

436

logo sign. An RV-friendly marker must consist of a design

437

approved by the Federal Highway Administration. The department

438

shall adopt rules in accordance with chapter 120 to administer

439

this paragraph, including rules setting forth the minimum

440

requirements that establishments must meet in order to qualify as

441

RV-friendly. These requirements shall include large parking

442

spaces, entrances, and exits that can easily accommodate

443

recreational vehicles and facilities having appropriate overhead

444

clearances, if applicable.

445

     (c) The department may implement a 3-year rotation-based

446

logo program providing for the removal and addition of

447

participating businesses in the program.

448

     (3)  Logo signs may be installed upon the issuance of an

449

annual permit by the department or its agent and payment of a an

450

application and permit fee to the department or its agent.

451

     (4)  The department may contract pursuant to s. 287.057 for

452

the provision of services related to the logo sign program,

453

including recruitment and qualification of businesses, review of

454

applications, permit issuance, and fabrication, installation, and

455

maintenance of logo signs. The department may reject all

456

proposals and seek another request for proposals or otherwise

457

perform the work. If the department contracts for the provision

458

of services for the logo sign program, the contract must require,

459

unless the business owner declines, that businesses that

460

previously entered into agreements with the department to

461

privately fund logo sign construction and installation be

462

reimbursed by the contractor for the cost of the signs which has

463

not been recovered through a previously agreed upon waiver of

464

fees. The contract also may allow the contractor to retain a

465

portion of the annual fees as compensation for its services.

466

     (5)  Permit fees for businesses that participate in the

467

program must be established in an amount sufficient to offset the

468

total cost to the department for the program, including contract

469

costs. The department shall provide the services in the most

470

efficient and cost-effective manner through department staff or

471

by contracting for some or all of the services. Such annual

472

permit fee shall not exceed $3,000 $1,250.

473

     Section 13.  This act shall take effect July 1, 2008.