HB 1021

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	requiring the department to conduct a study of
4	transportation alternatives for the Interstate 95
5	corridor; requiring a report to the Governor, Legislature,
6	and affected metropolitan planning organizations by a
7	certain date; amending s. 125.42, F.S.; providing for
8	counties to incur certain costs related to relocation or
9	removal of certain utility facilities under specified
10	circumstances; amending s. 163.3177, F.S.; revising
11	requirements for comprehensive plans; providing a
12	timeframe for submission of certain information to the
13	state land planning agency; providing for airports, land
14	adjacent to airports, and certain interlocal agreements
15	relating thereto in certain elements of the plan; amending
16	s. 163.3178, F.S.; providing that certain port-related
17	facilities are not developments of regional impact under
18	certain circumstances; amending s. 163.3180, F.S.;
19	defining the term "backlog"; amending s. 163.3182, F.S.,
20	relating to transportation concurrency backlog
21	authorities; providing legislative findings and
22	declarations; expanding the power of authorities to borrow
23	money to include issuing certain debt obligations;
24	providing a maximum maturity date for certain debt
25	incurred to finance or refinance certain transportation
26	concurrency backlog projects; authorizing authorities to
27	continue operations and administer certain trust funds for
28	the period of the remaining outstanding debt; requiring
29	local transportation concurrency backlog trust funds to
30	continue to be funded for certain purposes; providing for
31	increased ad valorem tax increment funding for such trust
32	funds under certain circumstances; revising provisions for
33	dissolution of an authority; amending s. 287.055, F.S.;
34	conforming a cross-reference; amending s. 334.044, F.S.;
35	clarifying the department's authority to establish and
36	collect variable rate tolls; amending s. 337.11, F.S.;
37	providing for the department to pay a portion of certain
38	proposal development costs; providing that the department
39	shall retain the right to use ideas from unsuccessful
40	firms that accept the stipend; establishing a goal for the
41	department to procure certain contracts as design-build
42	contracts; authorizing the department to adopt rules;
43	amending ss. 337.14 and 337.16, F.S.; conforming cross-
44	references; amending s. 337.18, F.S.; requiring the
45	contractor to maintain a copy of the required payment and
46	performance bond at certain locations and provide a copy
47	upon request; providing that a copy may be obtained
48	directly from the department; removing a provision
49	requiring a copy to be recorded in the public records of
50	the county; amending s. 337.185, F.S.; providing for the
51	State Arbitration Board to arbitrate certain claims
52	relating to maintenance contracts; providing for a member
53	of the board to be elected by maintenance companies or
54	construction companies; amending s. 337.403, F.S.;
55	providing for the department or local governmental entity
56	to pay certain costs of removal or relocation of a utility
57	facility that is found to be interfering with the use,
58	maintenance, improvement, extension, or expansion of a
59	public road or publicly owned rail corridor under
60	described circumstances; amending s. 337.408, F.S.;
61	providing for public pay telephones and advertising
62	thereon to be installed within the right-of-way limits of
63	any municipal, county, or state road; providing
64	exceptions; amending s. 338.01, F.S.; requiring new and
65	replacement electronic toll collection systems to be
66	interoperable with the department's system; amending s.
67	338.165, F.S.; authorizing the department to use excess
68	toll revenues for public transit; exempting toll rates on
69	high-occupancy toll lanes or express lanes from consumer
70	price indexing provisions; removing specific
71	identification of certain state-owned toll facilities in
72	the department's authority to request issuance of bonds to
73	fund transportation projects located within the county or
74	counties in which the project is located; amending s.
75	338.2216, F.S.; directing the Florida Turnpike Enterprise
76	to implement new technologies and processes in its
77	operations and collection of tolls and other amounts;
78	amending s. 338.223, F.S.; conforming a cross-reference;
79	amending s. 338.231, F.S.; revising provisions for
80	establishing and collecting tolls; authorizing collection
81	of amounts to cover costs of toll collection and payment
82	methods; requiring public notice and hearing; amending s.
83	339.12, F.S.; revising requirements for aid and
84	contributions by governmental entities for transportation
85	projects; revising limits under which the department may
86	enter into an agreement with a county for a project or
87	project phase not in the adopted work program; authorizing
88	the department to enter into certain long-term repayment
89	agreements; amending s. 339.135, F.S.; revising certain
90	notice provisions that require the department to notify
91	local governments regarding amendments to an adopted 5-
92	year work program; amending s. 339.155, F.S.; revising
93	provisions for development of the Florida Transportation
94	Plan; removing provisions for a short-range component and
95	an annual performance report; amending s. 339.2816, F.S.,
96	relating to the Small County Road Assistance Program;
97	providing for resumption of certain funding for the
98	program; revising the criteria for counties eligible to
99	participate in the program; amending ss. 339.2819 and
100	339.285, F.S.; conforming cross-references; repealing part
101	III of ch. 343 F.S.; abolishing the Tampa Bay Commuter
102	Transit Authority; amending s. 348.0003, F.S.; providing
103	for financial disclosure for expressway, transportation,
104	bridge, and toll authorities; amending s. 348.0004, F.S.;
105	providing for certain expressway authorities to index toll
106	rate increases; amending s. 479.01, F.S.; revising
107	provisions for outdoor advertising; revising the
108	definition of the term "automatic changeable facing";
109	amending s. 479.07, F.S.; revising a prohibition against
110	signs on the State Highway System; revising requirements
111	for display of the sign permit tag; directing the
112	department to establish by rule a fee for furnishing a
113	replacement permit tag; revising the pilot project for
114	permitted signs to include Hillsborough County and areas
115	within the boundaries of the City of Miami; amending s.
116	479.08, F.S.; revising provisions for denial or revocation
117	of a sign permit; amending s. 479.156, F.S.; modifying
118	provisions for local government control of the regulation
119	of wall murals adjacent to certain federal highways;
120	providing for notification to the Federal Highway
121	Administration; amending s. 479.261, F.S.; revising
122	requirements for the logo sign program of the interstate
123	highway system; deleting provisions for permits to be
124	awarded to the highest bidders; authorizing the department
125	to implement a rotation-based logo program; requiring the
126	department to adopt rules that set reasonable rates based
127	on certain factors for annual permit fees; requiring that
128	such fees not exceed a certain amount for sign locations
129	inside and outside an urban area; creating a business
130	partnership pilot program; authorizing the Palm Beach
131	County School District to display names of business
132	partners on district property in unincorporated areas;
133	exempting the program from specified provisions;
134	authorizing the expenditure of public funds for certain
135	alterations of Old Cutler Road in the Village of Palmetto
136	Bay; requiring the official approval of the Department of
137	State before any alterations may begin; amending s.
138	120.52, F.S.; revising the definition of the term
139	"agency"; providing effective dates.
140
141	Be It Enacted by the Legislature of the State of Florida:
142
143	Section 1.  The Department of Transportation, in
144	consultation with the Department of Law Enforcement, the
145	Division of Emergency Management of the Department of Community
146	Affairs, the Office of Tourism, Trade, and Economic Development,
147	and regional planning councils within whose jurisdictional area
148	the I-95 corridor lies, shall complete a study of transportation
149	alternatives for the travel corridor parallel to Interstate 95
150	which takes into account the transportation, emergency
151	management, homeland security, and economic development needs of
152	the state. The report must include the identification of cost
153	effective measures that may be implemented to alleviate
154	congestion on Interstate 95, facilitate emergency and security
155	responses, and foster economic development. The Department of
156	Transportation shall send the report to the Governor, the
157	President of the Senate, the Speaker of the House of
158	Representatives, and each affected metropolitan planning
159	organization by June 30, 2010.
160	Section 2.  Subsection (5) of section 125.42, Florida
161	Statutes, is amended to read:
162	125.42  Water, sewage, gas, power, telephone, other
163	utility, and television lines along county roads and highways.--
164	(5)  In the event of widening, repair, or reconstruction of
165	any such road, the licensee shall move or remove such water,
166	sewage, gas, power, telephone, and other utility lines and
167	television lines at no cost to the county except as provided in
168	s. 337.403(1)(e).
169	Section 3.  Paragraphs (a), (h), and (j) of subsection (6)
170	of section 163.3177, Florida Statutes, are amended to read:
171	163.3177  Required and optional elements of comprehensive
172	plan; studies and surveys.--
173	(6)  In addition to the requirements of subsections (1)-(5)
174	and (12), the comprehensive plan shall include the following
175	elements:
176	(a)  A future land use plan element designating proposed
177	future general distribution, location, and extent of the uses of
178	land for residential uses, commercial uses, industry,
179	agriculture, recreation, conservation, education, public
180	buildings and grounds, other public facilities, and other
181	categories of the public and private uses of land. Counties are
182	encouraged to designate rural land stewardship areas, pursuant
183	to the provisions of paragraph (11)(d), as overlays on the
184	future land use map. Each future land use category must be
185	defined in terms of uses included, and must include standards to
186	be followed in the control and distribution of population
187	densities and building and structure intensities. The proposed
188	distribution, location, and extent of the various categories of
189	land use shall be shown on a land use map or map series which
190	shall be supplemented by goals, policies, and measurable
191	objectives. The future land use plan shall be based upon
192	surveys, studies, and data regarding the area, including the
193	amount of land required to accommodate anticipated growth; the
194	projected population of the area; the character of undeveloped
195	land; the availability of water supplies, public facilities, and
196	services; the need for redevelopment, including the renewal of
197	blighted areas and the elimination of nonconforming uses which
198	are inconsistent with the character of the community; the
199	compatibility of uses on lands adjacent to or closely proximate
200	to military installations and lands adjacent to an airport as
201	defined in s. 330.35 and consistent with provisions in s.
202	333.02; the discouragement of urban sprawl; energy-efficient
203	land use patterns accounting for existing and future electric
204	power generation and transmission systems; greenhouse gas
205	reduction strategies; and, in rural communities, the need for
206	job creation, capital investment, and economic development that
207	will strengthen and diversify the community's economy. The
208	future land use plan may designate areas for future planned
209	development use involving combinations of types of uses for
210	which special regulations may be necessary to ensure development
211	in accord with the principles and standards of the comprehensive
212	plan and this act. The future land use plan element shall
213	include criteria to be used to achieve the compatibility of
214	adjacent or closely proximate lands with military installations
215	and lands adjacent to an airport as defined in s. 330.35 and
216	consistent with provisions in s. 333.02. In addition, for rural
217	communities, the amount of land designated for future planned
218	industrial use shall be based upon surveys and studies that
219	reflect the need for job creation, capital investment, and the
220	necessity to strengthen and diversify the local economies, and
221	shall not be limited solely by the projected population of the
222	rural community. The future land use plan of a county may also
223	designate areas for possible future municipal incorporation. The
224	land use maps or map series shall generally identify and depict
225	historic district boundaries and shall designate historically
226	significant properties meriting protection. For coastal
227	counties, the future land use element must include, without
228	limitation, regulatory incentives and criteria that encourage
229	the preservation of recreational and commercial working
230	waterfronts as defined in s. 342.07. The future land use element
231	must clearly identify the land use categories in which public
232	schools are an allowable use. When delineating the land use
233	categories in which public schools are an allowable use, a local
234	government shall include in the categories sufficient land
235	proximate to residential development to meet the projected needs
236	for schools in coordination with public school boards and may
237	establish differing criteria for schools of different type or
238	size. Each local government shall include lands contiguous to
239	existing school sites, to the maximum extent possible, within
240	the land use categories in which public schools are an allowable
241	use. The failure by a local government to comply with these
242	school siting requirements will result in the prohibition of the
243	local government's ability to amend the local comprehensive
244	plan, except for plan amendments described in s. 163.3187(1)(b),
245	until the school siting requirements are met. Amendments
246	proposed by a local government for purposes of identifying the
247	land use categories in which public schools are an allowable use
248	are exempt from the limitation on the frequency of plan
249	amendments contained in s. 163.3187. The future land use element
250	shall include criteria that encourage the location of schools
251	proximate to urban residential areas to the extent possible and
252	shall require that the local government seek to collocate public
253	facilities, such as parks, libraries, and community centers,
254	with schools to the extent possible and to encourage the use of
255	elementary schools as focal points for neighborhoods. For
256	schools serving predominantly rural counties, defined as a
257	county with a population of 100,000 or fewer, an agricultural
258	land use category shall be eligible for the location of public
259	school facilities if the local comprehensive plan contains
260	school siting criteria and the location is consistent with such
261	criteria. Local governments required to update or amend their
262	comprehensive plan to include criteria and address compatibility
263	of lands adjacent to an airport as defined in s. 330.35 and
264	consistent with provisions in s. 333.02 adjacent or closely
265	proximate lands with existing military installations in their
266	future land use plan element shall transmit the update or
267	amendment to the state land planning agency department by June
268	30, 2012 2006.
269	(h)1.  An intergovernmental coordination element showing
270	relationships and stating principles and guidelines to be used
271	in the accomplishment of coordination of the adopted
272	comprehensive plan with the plans of school boards, regional
273	water supply authorities, and other units of local government
274	providing services but not having regulatory authority over the
275	use of land, with the comprehensive plans of adjacent
276	municipalities, the county, adjacent counties, or the region,
277	with the state comprehensive plan and with the applicable
278	regional water supply plan approved pursuant to s. 373.0361, as
279	the case may require and as such adopted plans or plans in
280	preparation may exist. This element of the local comprehensive
281	plan shall demonstrate consideration of the particular effects
282	of the local plan, when adopted, upon the development of
283	adjacent municipalities, the county, adjacent counties, or the
284	region, or upon the state comprehensive plan, as the case may
285	require.
286	a.  The intergovernmental coordination element shall
287	provide for procedures to identify and implement joint planning
288	areas, especially for the purpose of annexation, municipal
289	incorporation, and joint infrastructure service areas.
290	b.  The intergovernmental coordination element shall
291	provide for recognition of campus master plans prepared pursuant
292	to s. 1013.30 and airport master plans pursuant to paragraph
293	(k).
294	c.  The intergovernmental coordination element may provide
295	for a voluntary dispute resolution process as established
296	pursuant to s. 186.509 for bringing to closure in a timely
297	manner intergovernmental disputes. A local government may
298	develop and use an alternative local dispute resolution process
299	for this purpose.
300	d.  The intergovernmental coordination element shall
301	provide for interlocal agreements, as established pursuant to s.
302	333.03(1)(b).
303	2.  The intergovernmental coordination element shall
304	further state principles and guidelines to be used in the
305	accomplishment of coordination of the adopted comprehensive plan
306	with the plans of school boards and other units of local
307	government providing facilities and services but not having
308	regulatory authority over the use of land. In addition, the
309	intergovernmental coordination element shall describe joint
310	processes for collaborative planning and decisionmaking on
311	population projections and public school siting, the location
312	and extension of public facilities subject to concurrency, and
313	siting facilities with countywide significance, including
314	locally unwanted land uses whose nature and identity are
315	established in an agreement. Within 1 year of adopting their
316	intergovernmental coordination elements, each county, all the
317	municipalities within that county, the district school board,
318	and any unit of local government service providers in that
319	county shall establish by interlocal or other formal agreement
320	executed by all affected entities, the joint processes described
321	in this subparagraph consistent with their adopted
322	intergovernmental coordination elements.
323	3.  To foster coordination between special districts and
324	local general-purpose governments as local general-purpose
325	governments implement local comprehensive plans, each
326	independent special district must submit a public facilities
327	report to the appropriate local government as required by s.
328	189.415.
329	4.a.  Local governments must execute an interlocal
330	agreement with the district school board, the county, and
331	nonexempt municipalities pursuant to s. 163.31777.  The local
332	government shall amend the intergovernmental coordination
333	element to provide that coordination between the local
334	government and school board is pursuant to the agreement and
335	shall state the obligations of the local government under the
336	agreement.
337	b.  Plan amendments that comply with this subparagraph are
338	exempt from the provisions of s. 163.3187(1).
339	5.  The state land planning agency shall establish a
340	schedule for phased completion and transmittal of plan
341	amendments to implement subparagraphs 1., 2., and 3. from all
342	jurisdictions so as to accomplish their adoption by December 31,
343	1999. A local government may complete and transmit its plan
344	amendments to carry out these provisions prior to the scheduled
345	date established by the state land planning agency. The plan
346	amendments are exempt from the provisions of s. 163.3187(1).
347	6.  By January 1, 2004, any county having a population
348	greater than 100,000, and the municipalities and special
349	districts within that county, shall submit a report to the
350	Department of Community Affairs which:
351	a.  Identifies all existing or proposed interlocal service
352	delivery agreements regarding the following: education; sanitary
353	sewer; public safety; solid waste; drainage; potable water;
354	parks and recreation; and transportation facilities.
355	b.  Identifies any deficits or duplication in the provision
356	of services within its jurisdiction, whether capital or
357	operational. Upon request, the Department of Community Affairs
358	shall provide technical assistance to the local governments in
359	identifying deficits or duplication.
360	7.  Within 6 months after submission of the report, the
361	Department of Community Affairs shall, through the appropriate
362	regional planning council, coordinate a meeting of all local
363	governments within the regional planning area to discuss the
364	reports and potential strategies to remedy any identified
365	deficiencies or duplications.
366	8.  Each local government shall update its
367	intergovernmental coordination element based upon the findings
368	in the report submitted pursuant to subparagraph 6. The report
369	may be used as supporting data and analysis for the
370	intergovernmental coordination element.
371	(j)  For each unit of local government within an urbanized
372	area designated for purposes of s. 339.175, a transportation
373	element, which shall be prepared and adopted in lieu of the
374	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
375	and (d) and which shall address the following issues:
376	1.  Traffic circulation, including major thoroughfares and
377	other routes, including bicycle and pedestrian ways.
378	2.  All alternative modes of travel, such as public
379	transportation, pedestrian, and bicycle travel.
380	3.  Parking facilities.
381	4.  Aviation, rail, seaport facilities, access to those
382	facilities, and intermodal terminals.
383	5.  The availability of facilities and services to serve
384	existing land uses and the compatibility between future land use
385	and transportation elements.
386	6.  The capability to evacuate the coastal population prior
387	to an impending natural disaster.
388	7.  Airports, projected airport and aviation development,
389	and land use compatibility around airports that includes areas
390	defined in ss. 333.01 and 333.02.
391	8.  An identification of land use densities, building
392	intensities, and transportation management programs to promote
393	public transportation systems in designated public
394	transportation corridors so as to encourage population densities
395	sufficient to support such systems.
396	9.  May include transportation corridors, as defined in s.
397	334.03, intended for future transportation facilities designated
398	pursuant to s. 337.273. If transportation corridors are
399	designated, the local government may adopt a transportation
400	corridor management ordinance.
401	10.  The incorporation of transportation strategies to
402	address reduction in greenhouse gas emissions from the
403	transportation sector.
404	Section 4.  Subsection (3) of section 163.3178, Florida
405	Statutes, is amended to read:
406	163.3178  Coastal management.--
407	(3)  Expansions to port harbors, spoil disposal sites,
408	navigation channels, turning basins, harbor berths, and other
409	related inwater harbor facilities of ports listed in s.
410	403.021(9); port transportation facilities and projects listed
411	in s. 311.07(3)(b); and intermodal transportation facilities
412	identified pursuant to s. 311.09(3) and facilities determined by
413	the Department of Community Affairs and any applicable general
414	purpose local government to be port-related industrial or
415	commercial projects located within 3 miles of or in a port
416	master plan area which rely upon the utilization of port and
417	intermodal transportation facilities shall not be developments
418	of regional impact where such expansions, projects, or
419	facilities are consistent with comprehensive master plans that
420	are in compliance with this section.
421	Section 5.  Paragraph (e) is added to subsection (12) and
422	paragraph (i) is added to subsection (16) of section 163.3180,
423	Florida Statutes, to read:
424	163.3180  Concurrency.--
425	(12)  A development of regional impact may satisfy the
426	transportation concurrency requirements of the local
427	comprehensive plan, the local government's concurrency
428	management system, and s. 380.06 by payment of a proportionate-
429	share contribution for local and regionally significant traffic
430	impacts, if:
431	(e)  As used in this subsection, the term "backlog" means a
432	facility or facilities on which the adopted level-of-service
433	standard is exceeded by the existing trips, plus additional
434	projected background trips from any source other than the
435	development project under review that are forecast by
436	established traffic standards, including traffic modeling,
437	consistent with the University of Florida Bureau of Economic and
438	Business Research medium population projections. Additional
439	projected background trips are to be coincident with the
440	particular stage or phase of development under review.
441
442	The proportionate-share contribution may be applied to any
443	transportation facility to satisfy the provisions of this
444	subsection and the local comprehensive plan, but, for the
445	purposes of this subsection, the amount of the proportionate-
446	share contribution shall be calculated based upon the cumulative
447	number of trips from the proposed development expected to reach
448	roadways during the peak hour from the complete buildout of a
449	stage or phase being approved, divided by the change in the peak
450	hour maximum service volume of roadways resulting from
451	construction of an improvement necessary to maintain the adopted
452	level of service, multiplied by the construction cost, at the
453	time of developer payment, of the improvement necessary to
454	maintain the adopted level of service. For purposes of this
455	subsection, "construction cost" includes all associated costs of
456	the improvement. Proportionate-share mitigation shall be limited
457	to ensure that a development of regional impact meeting the
458	requirements of this subsection mitigates its impact on the
459	transportation system but is not responsible for the additional
460	cost of reducing or eliminating backlogs. This subsection also
461	applies to Florida Quality Developments pursuant to s. 380.061
462	and to detailed specific area plans implementing optional sector
463	plans pursuant to s. 163.3245.
464	(16)  It is the intent of the Legislature to provide a
465	method by which the impacts of development on transportation
466	facilities can be mitigated by the cooperative efforts of the
467	public and private sectors. The methodology used to calculate
468	proportionate fair-share mitigation under this section shall be
469	as provided for in subsection (12).
470	(i)  As used in this subsection, the term "backlog" means a
471	facility or facilities on which the adopted level-of-service
472	standard is exceeded by the existing trips, plus additional
473	projected background trips from any source other than the
474	development project under review that are forecast by
475	established traffic standards, including traffic modeling,
476	consistent with the University of Florida Bureau of Economic and
477	Business Research medium population projections. Additional
478	projected background trips are to be coincident with the
479	particular stage or phase of development under review.
480	Section 6.  Paragraph (d) of subsection (3), paragraph (a)
481	of subsection (4), and subsections (5) and (8) of section
482	163.3182, Florida Statutes, are amended, and paragraph (c) is
483	added to subsection (2) of that section, to read:
484	163.3182  Transportation concurrency backlogs.--
485	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
486	AUTHORITIES.--
487	(c)  The Legislature finds and declares that there exists
488	in many counties and municipalities areas with significant
489	transportation deficiencies and inadequate transportation
490	facilities; that many such deficiencies and inadequacies
491	severely limit or prohibit the satisfaction of transportation
492	concurrency standards; that such transportation deficiencies and
493	inadequacies affect the health, safety, and welfare of the
494	residents of such counties and municipalities; that such
495	transportation deficiencies and inadequacies adversely affect
496	economic development and growth of the tax base for the areas in
497	which such deficiencies and inadequacies exist; and that the
498	elimination of transportation deficiencies and inadequacies and
499	the satisfaction of transportation concurrency standards are
500	paramount public purposes for the state and its counties and
501	municipalities.
502	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
503	AUTHORITY.--Each transportation concurrency backlog authority
504	has the powers necessary or convenient to carry out the purposes
505	of this section, including the following powers in addition to
506	others granted in this section:
507	(d)  To borrow money, including, but not limited to,
508	issuing debt obligations, such as, but not limited to, bonds,
509	notes, certificates, and similar debt instruments; to apply for
510	and accept advances, loans, grants, contributions, and any other
511	forms of financial assistance from the Federal Government or the
512	state, county, or any other public body or from any sources,
513	public or private, for the purposes of this part; to give such
514	security as may be required; to enter into and carry out
515	contracts or agreements; and to include in any contracts for
516	financial assistance with the Federal Government for or with
517	respect to a transportation concurrency backlog project and
518	related activities such conditions imposed pursuant to federal
519	laws as the transportation concurrency backlog authority
520	considers reasonable and appropriate and which are not
521	inconsistent with the purposes of this section.
522	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
523	(a)  Each transportation concurrency backlog authority
524	shall adopt a transportation concurrency backlog plan as a part
525	of the local government comprehensive plan within 6 months after
526	the creation of the authority. The plan shall:
527	1.  Identify all transportation facilities that have been
528	designated as deficient and require the expenditure of moneys to
529	upgrade, modify, or mitigate the deficiency.
530	2.  Include a priority listing of all transportation
531	facilities that have been designated as deficient and do not
532	satisfy concurrency requirements pursuant to s. 163.3180, and
533	the applicable local government comprehensive plan.
534	3.  Establish a schedule for financing and construction of
535	transportation concurrency backlog projects that will eliminate
536	transportation concurrency backlogs within the jurisdiction of
537	the authority within 10 years after the transportation
538	concurrency backlog plan adoption. The schedule shall be adopted
539	as part of the local government comprehensive plan.
540	Notwithstanding such schedule requirements, as long as the
541	schedule provides for the elimination of all transportation
542	concurrency backlogs within 10 years after the adoption of the
543	concurrency backlog plan, the final maturity date of any debt
544	incurred to finance or refinance the related projects may be no
545	later than 40 years after the date such debt is incurred and the
546	authority may continue operations and administer the trust fund
547	established as provided in subsection (5) for as long as such
548	debt remains outstanding.
549	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
550	concurrency backlog authority shall establish a local
551	transportation concurrency backlog trust fund upon creation of
552	the authority. Each local trust fund shall be administered by
553	the transportation concurrency backlog authority within which a
554	transportation concurrency backlog has been identified. Each
555	local trust fund shall continue to be funded pursuant to this
556	section for as long as the projects set forth in the related
557	transportation concurrency backlog plan remain to be completed
558	or until any debt incurred to finance or refinance the related
559	projects are no longer outstanding, whichever occurs later.
560	Beginning in the first fiscal year after the creation of the
561	authority, each local trust fund shall be funded by the proceeds
562	of an ad valorem tax increment collected within each
563	transportation concurrency backlog area to be determined
564	annually and shall be a minimum of 25 percent of the difference
565	between the amounts set forth in paragraphs (a) and (b), except
566	that, if all of the affected taxing authorities agree pursuant
567	to an interlocal agreement, a particular local trust fund may be
568	funded by the proceeds of an ad valorem tax increment greater
569	than 25 percent of the difference between the amounts set forth
570	in paragraphs (a) and (b):
571	(a)  The amount of ad valorem tax levied each year by each
572	taxing authority, exclusive of any amount from any debt service
573	millage, on taxable real property contained within the
574	jurisdiction of the transportation concurrency backlog authority
575	and within the transportation backlog area; and
576	(b)  The amount of ad valorem taxes which would have been
577	produced by the rate upon which the tax is levied each year by
578	or for each taxing authority, exclusive of any debt service
579	millage, upon the total of the assessed value of the taxable
580	real property within the transportation concurrency backlog area
581	as shown on the most recent assessment roll used in connection
582	with the taxation of such property of each taxing authority
583	prior to the effective date of the ordinance funding the trust
584	fund.
585	(8)  DISSOLUTION.--Upon completion of all transportation
586	concurrency backlog projects and repayment or defeasance of all
587	debt issued to finance or refinance such projects, a
588	transportation concurrency backlog authority shall be dissolved,
589	and its assets and liabilities shall be transferred to the
590	county or municipality within which the authority is located.
591	All remaining assets of the authority must be used for
592	implementation of transportation projects within the
593	jurisdiction of the authority. The local government
594	comprehensive plan shall be amended to remove the transportation
595	concurrency backlog plan.
596	Section 7.  Paragraph (c) of subsection (9) of section
597	287.055, Florida Statutes, is amended to read:
598	287.055  Acquisition of professional architectural,
599	engineering, landscape architectural, or surveying and mapping
600	services; definitions; procedures; contingent fees prohibited;
601	penalties.--
602	(9)  APPLICABILITY TO DESIGN-BUILD CONTRACTS.--
603	(c)  Except as otherwise provided in s. 337.11(8)(7), the
604	Department of Management Services shall adopt rules for the
605	award of design-build contracts to be followed by state
606	agencies. Each other agency must adopt rules or ordinances for
607	the award of design-build contracts. Municipalities, political
608	subdivisions, school districts, and school boards shall award
609	design-build contracts by the use of a competitive proposal
610	selection process as described in this subsection, or by the use
611	of a qualifications-based selection process pursuant to
612	subsections (3), (4), and (5) for entering into a contract
613	whereby the selected firm will, subsequent to competitive
614	negotiations, establish a guaranteed maximum price and
615	guaranteed completion date. If the procuring agency elects the
616	option of qualifications-based selection, during the selection
617	of the design-build firm the procuring agency shall employ or
618	retain a licensed design professional appropriate to the project
619	to serve as the agency's representative. Procedures for the use
620	of a competitive proposal selection process must include as a
621	minimum the following:
622	1.  The preparation of a design criteria package for the
623	design and construction of the public construction project.
624	2.  The qualification and selection of no fewer than three
625	design-build firms as the most qualified, based on the
626	qualifications, availability, and past work of the firms,
627	including the partners or members thereof.
628	3.  The criteria, procedures, and standards for the
629	evaluation of design-build contract proposals or bids, based on
630	price, technical, and design aspects of the public construction
631	project, weighted for the project.
632	4.  The solicitation of competitive proposals, pursuant to
633	a design criteria package, from those qualified design-build
634	firms and the evaluation of the responses or bids submitted by
635	those firms based on the evaluation criteria and procedures
636	established prior to the solicitation of competitive proposals.
637	5.  For consultation with the employed or retained design
638	criteria professional concerning the evaluation of the responses
639	or bids submitted by the design-build firms, the supervision or
640	approval by the agency of the detailed working drawings of the
641	project; and for evaluation of the compliance of the project
642	construction with the design criteria package by the design
643	criteria professional.
644	6.  In the case of public emergencies, for the agency head
645	to declare an emergency and authorize negotiations with the best
646	qualified design-build firm available at that time.
647	Section 8.  Subsection (16) of section 334.044, Florida
648	Statutes, is amended to read:
649	334.044  Department; powers and duties.--The department
650	shall have the following general powers and duties:
651	(16)  To plan, acquire, lease, construct, maintain, and
652	operate toll facilities; to authorize the issuance and refunding
653	of bonds; and to establish fix and collect tolls, variable rate
654	tolls, or other charges for travel on any such facilities.
655	Section 9.  Subsections (7) through (15) of section 337.11,
656	Florida Statutes, are renumbered as subsections (8) through
657	(16), respectively, present subsection (7) is amended, and a new
658	subsection (7) is added to that section, to read:
659	337.11  Contracting authority of department; bids;
660	emergency repairs, supplemental agreements, and change orders;
661	combined design and construction contracts; progress payments;
662	records; requirements of vehicle registration.--
663	(7)  If the department determines that it is in the best
664	interest of the public, the department may pay a stipend to
665	unsuccessful firms who have submitted responsive proposals for
666	construction or maintenance contracts. The decision and amount
667	of a stipend will be based upon department analysis of the
668	estimated proposal development costs and the anticipated degree
669	of competition during the procurement process. Stipends shall be
670	used to encourage competition and compensate unsuccessful firms
671	for a portion of their proposal development costs. The
672	department shall retain the right to use ideas from unsuccessful
673	firms that accept a stipend.
674	(8)(7)(a)  If the head of the department determines that it
675	is in the best interests of the public, the department may
676	combine the design and construction phases of a building, a
677	major bridge, a limited access facility, or a rail corridor
678	project into a single contract. Such contract is referred to as
679	a design-build contract. The department's goal shall be to
680	procure up to 25 percent of the construction contracts which add
681	capacity in the 5-year adopted work program as design-build
682	contracts by July 1, 2014. Design-build contracts may be
683	advertised and awarded notwithstanding the requirements of
684	paragraph (3)(c). However, construction activities may not begin
685	on any portion of such projects for which the department has not
686	yet obtained title to the necessary rights-of-way and easements
687	for the construction of that portion of the project has vested
688	in the state or a local governmental entity and all railroad
689	crossing and utility agreements have been executed. Title to
690	rights-of-way shall be deemed to have vested in the state when
691	the title has been dedicated to the public or acquired by
692	prescription.
693	(b)  The department shall adopt by rule procedures for
694	administering design-build contracts. Such procedures shall
695	include, but not be limited to:
696	1.  Prequalification requirements.
697	2.  Public announcement procedures.
698	3.  Scope of service requirements.
699	4.  Letters of interest requirements.
700	5.  Short-listing criteria and procedures.
701	6.  Bid proposal requirements.
702	7.  Technical review committee.
703	8.  Selection and award processes.
704	9.  Stipend requirements.
705	(c)  The department must receive at least three letters of
706	interest in order to proceed with a request for proposals. The
707	department shall request proposals from no fewer than three of
708	the design-build firms submitting letters of interest. If a
709	design-build firm withdraws from consideration after the
710	department requests proposals, the department may continue if at
711	least two proposals are received.
712	Section 10.  Subsection (7) of section 337.14, Florida
713	Statutes, is amended to read:
714	337.14  Application for qualification; certificate of
715	qualification; restrictions; request for hearing.--
716	(7)  No "contractor" as defined in s. 337.165(1)(d) or his
717	or her "affiliate" as defined in s. 337.165(1)(a) qualified with
718	the department under this section may also qualify under s.
719	287.055 or s. 337.105 to provide testing services, construction,
720	engineering, and inspection services to the department. This
721	limitation shall not apply to any design-build prequalification
722	under s. 337.11(8)(7).
723	Section 11.  Paragraph (a) of subsection (2) of section
724	337.16, Florida Statutes, is amended to read:
725	337.16  Disqualification of delinquent contractors from
726	bidding; determination of contractor nonresponsibility; denial,
727	suspension, and revocation of certificates of qualification;
728	grounds; hearing.--
729	(2)  For reasons other than delinquency in progress, the
730	department, for good cause, may determine any contractor not
731	having a certificate of qualification nonresponsible for a
732	specified period of time or may deny, suspend, or revoke any
733	certificate of qualification. Good cause includes, but is not
734	limited to, circumstances in which a contractor or the
735	contractor's official representative:
736	(a)  Makes or submits to the department false, deceptive,
737	or fraudulent statements or materials in any bid proposal to the
738	department, any application for a certificate of qualification,
739	any certification of payment pursuant to s. 337.11(11)(10), or
740	any administrative or judicial proceeding;
741	Section 12.  Paragraph (b) of subsection (1) of section
742	337.18, Florida Statutes, is amended to read:
743	337.18  Surety bonds for construction or maintenance
744	contracts; requirement with respect to contract award; bond
745	requirements; defaults; damage assessments.--
746	(1)
747	(b)  Prior to beginning any work under the contract, the
748	contractor shall maintain a copy of the payment and performance
749	bond required under this section at its principal place of
750	business and at the jobsite office, if one is established, and
751	the contractor shall provide a copy of the payment and
752	performance bond within 5 days after receipt of any written
753	request therefor. A copy of the payment and performance bond
754	required under this section may also be obtained directly from
755	the department by a request made pursuant to chapter 119. Upon
756	execution of the contract, and prior to beginning any work under
757	the contract, the contractor shall record in the public records
758	of the county where the improvement is located the payment and
759	performance bond required under this section. A claimant shall
760	have a right of action against the contractor and surety for the
761	amount due him or her, including unpaid finance charges due
762	under the claimant's contract. Such action shall not involve the
763	department in any expense.
764	Section 13.  Subsections (1), (2), and (7) of section
765	337.185, Florida Statutes, are amended to read:
766	337.185  State Arbitration Board.--
767	(1)  To facilitate the prompt settlement of claims for
768	additional compensation arising out of construction and
769	maintenance contracts between the department and the various
770	contractors with whom it transacts business, the Legislature
771	does hereby establish the State Arbitration Board, referred to
772	in this section as the "board." For the purpose of this section,
773	"claim" shall mean the aggregate of all outstanding claims by a
774	party arising out of a construction or maintenance contract.
775	Every contractual claim in an amount up to $250,000 per contract
776	or, at the claimant's option, up to $500,000 per contract or,
777	upon agreement of the parties, up to $1 million per contract
778	that cannot be resolved by negotiation between the department
779	and the contractor shall be arbitrated by the board after
780	acceptance of the project by the department. As an exception,
781	either party to the dispute may request that the claim be
782	submitted to binding private arbitration. A court of law may not
783	consider the settlement of such a claim until the process
784	established by this section has been exhausted.
785	(2)  The board shall be composed of three members. One
786	member shall be appointed by the head of the department, and one
787	member shall be elected by those construction or maintenance
788	companies who are under contract with the department. The third
789	member shall be chosen by agreement of the other two members.
790	Whenever the third member has a conflict of interest regarding
791	affiliation with one of the parties, the other two members shall
792	select an alternate member for that hearing. The head of the
793	department may select an alternative or substitute to serve as
794	the department member for any hearing or term. Each member shall
795	serve a 2-year term. The board shall elect a chair, each term,
796	who shall be the administrator of the board and custodian of its
797	records.
798	(7)  The members of the board may receive compensation for
799	the performance of their duties hereunder, from administrative
800	fees received by the board, except that no employee of the
801	department may receive compensation from the board. The
802	compensation amount shall be determined by the board, but shall
803	not exceed $125 per hour, up to a maximum of $1,000 per day for
804	each member authorized to receive compensation. Nothing in this
805	section shall prevent the member elected by construction or
806	maintenance companies from being an employee of an association
807	affiliated with the industry, even if the sole responsibility of
808	that member is service on the board. Travel expenses for the
809	industry member may be paid by an industry association, if
810	necessary. The board may allocate funds annually for clerical
811	and other administrative services.
812	Section 14.  Subsection (1) of section 337.403, Florida
813	Statutes, is amended to read:
814	337.403  Relocation of utility; expenses.--
815	(1)  Any utility heretofore or hereafter placed upon,
816	under, over, or along any public road or publicly owned rail
817	corridor that is found by the authority to be unreasonably
818	interfering in any way with the convenient, safe, or continuous
819	use, or the maintenance, improvement, extension, or expansion,
820	of such public road or publicly owned rail corridor shall, upon
821	30 days' written notice to the utility or its agent by the
822	authority, be removed or relocated by such utility at its own
823	expense except as provided in paragraphs (a)-(f) (a), (b), and
824	(c).
825	(a)  If the relocation of utility facilities, as referred
826	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
827	627 of the 84th Congress, is necessitated by the construction of
828	a project on the federal-aid interstate system, including
829	extensions thereof within urban areas, and the cost of such
830	project is eligible and approved for reimbursement by the
831	Federal Government to the extent of 90 percent or more under the
832	Federal Aid Highway Act, or any amendment thereof, then in that
833	event the utility owning or operating such facilities shall
834	relocate such facilities upon order of the department, and the
835	state shall pay the entire expense properly attributable to such
836	relocation after deducting therefrom any increase in the value
837	of the new facility and any salvage value derived from the old
838	facility.
839	(b)  When a joint agreement between the department and the
840	utility is executed for utility improvement, relocation, or
841	removal work to be accomplished as part of a contract for
842	construction of a transportation facility, the department may
843	participate in those utility improvement, relocation, or removal
844	costs that exceed the department's official estimate of the cost
845	of such work by more than 10 percent. The amount of such
846	participation shall be limited to the difference between the
847	official estimate of all the work in the joint agreement plus 10
848	percent and the amount awarded for this work in the construction
849	contract for such work. The department may not participate in
850	any utility improvement, relocation, or removal costs that occur
851	as a result of changes or additions during the course of the
852	contract.
853	(c)  When an agreement between the department and utility
854	is executed for utility improvement, relocation, or removal work
855	to be accomplished in advance of a contract for construction of
856	a transportation facility, the department may participate in the
857	cost of clearing and grubbing necessary to perform such work.
858	(d)  If the utility facility being removed or relocated was
859	initially installed to exclusively serve the department, its
860	tenants, or both the department and its tenants, the department
861	shall bear the costs of removal or relocation of that utility
862	facility. The department shall not be responsible, however, for
863	bearing the cost of removal or relocation of any subsequent
864	additions to that facility for the purpose of serving others.
865	(e)  If, pursuant to an agreement between a utility and the
866	authority entered into after the effective date of this
867	paragraph, the utility conveys, subordinates, or relinquishes a
868	compensable property right to the authority for the purpose of
869	accommodating the acquisition or use of the right-of-way by the
870	authority, without the agreement expressly addressing future
871	responsibility for cost of removal or relocation of the utility,
872	then the authority shall bear the cost of such removal or
873	relocation. Nothing in this paragraph is intended to impair or
874	restrict, or be used to interpret, the terms of any such
875	agreement entered into prior to the effective date of this
876	paragraph.
877	(f)  If the utility is an electric facility being relocated
878	underground in order to enhance vehicular, bicycle, and
879	pedestrian safety and in which ownership of the electric
880	facility to be placed underground has been transferred from a
881	private to a public utility within the past 5 years, the
882	department shall incur all costs of the relocation.
883	Section 15.  Subsections (4) and (5) of section 337.408,
884	Florida Statutes, are amended, subsection (7) is renumbered as
885	subsection (8), and a new subsection (7) is added to that
886	section, to read:
887	337.408  Regulation of benches, transit shelters, street
888	light poles, waste disposal receptacles, public pay telephones,
889	and modular news racks within rights-of-way.--
890	(4)  The department has the authority to direct the
891	immediate relocation or removal of any bench, transit shelter,
892	waste disposal receptacle, public pay telephone, or modular news
893	rack which endangers life or property, except that transit bus
894	benches which have been placed in service prior to April 1,
895	1992, are not required to comply with bench size and advertising
896	display size requirements which have been established by the
897	department prior to March 1, 1992. Any transit bus bench that
898	was in service prior to April 1, 1992, may be replaced with a
899	bus bench of the same size or smaller, if the bench is damaged
900	or destroyed or otherwise becomes unusable. The department is
901	authorized to adopt rules relating to the regulation of bench
902	size and advertising display size requirements. If a
903	municipality or county within which a bench is to be located has
904	adopted an ordinance or other applicable regulation that
905	establishes bench size or advertising display sign requirements
906	different from requirements specified in department rule, the
907	local government requirement shall be applicable within the
908	respective municipality or county. Placement of any bench or
909	advertising display on the National Highway System under a local
910	ordinance or regulation adopted pursuant to this subsection
911	shall be subject to approval of the Federal Highway
912	Administration.
913	(5)  No bench, transit shelter, waste disposal receptacle,
914	public pay telephone, or modular news rack, or advertising
915	thereon, shall be erected or so placed on the right-of-way of
916	any road which conflicts with the requirements of federal law,
917	regulations, or safety standards, thereby causing the state or
918	any political subdivision the loss of federal funds. Competition
919	among persons seeking to provide bench, transit shelter, waste
920	disposal receptacle, or modular news rack services or
921	advertising on such benches, shelters, receptacles, or news
922	racks may be regulated, restricted, or denied by the appropriate
923	local government entity consistent with the provisions of this
924	section.
925	(7)  Public pay telephones, including advertising displayed
926	thereon, may be installed within the right-of-way limits of any
927	municipal, county, or state road, except on a limited access
928	highway, provided that such pay telephones are installed by a
929	provider duly authorized and regulated by the Public Service
930	Commission pursuant to s. 364.3375, that such pay telephones are
931	operated in accordance with all applicable state and federal
932	telecommunications regulations, and that written authorization
933	has been given to a public pay telephone provider by the
934	appropriate municipal or county government. Each advertisement
935	shall be limited to a size no greater than 8 square feet and no
936	public pay telephone booth shall display more than 3 such
937	advertisements at any given time. No advertisements shall be
938	allowed on public pay telephones located in rest areas, welcome
939	centers, and other such facilities located on an interstate
940	highway.
941	Section 16.  Subsection (6) is added to section 338.01,
942	Florida Statutes, to read:
943	338.01  Authority to establish and regulate limited access
944	facilities.--
945	(6)  All new limited access facilities and existing
946	transportation facilities on which new or replacement electronic
947	toll collection systems are installed shall be interoperable
948	with the department's electronic toll collection system.
949	Section 17.  Section 338.165, Florida Statutes, is amended
950	to read:
951	338.165  Continuation of tolls.--
952	(1)  The department, any transportation or expressway
953	authority or, in the absence of an authority, a county or
954	counties may continue to collect the toll on a revenue-producing
955	project after the discharge of any bond indebtedness related to
956	such project and may increase such toll. All tolls so collected
957	shall first be used to pay the annual cost of the operation,
958	maintenance, and improvement of the toll project.
959	(2)  If the revenue-producing project is on the State
960	Highway System, any remaining toll revenue shall be used within
961	the county or counties in which the revenue-producing project is
962	located for the construction, maintenance, or improvement of any
963	road on the State Highway System or public transit within the
964	county or counties in which the revenue-producing project is
965	located, except as provided in s. 348.0004.
966	(3)  Notwithstanding any other provision of law, the
967	department, including the turnpike enterprise, shall index toll
968	rates on existing toll facilities to the annual Consumer Price
969	Index or similar inflation indicators. Toll rate adjustments for
970	inflation under this subsection may be made no more frequently
971	than once a year and must be made no less frequently than once
972	every 5 years as necessary to accommodate cash toll rate
973	schedules. Toll rates may be increased beyond these limits as
974	directed by bond documents, covenants, or governing body
975	authorization or pursuant to department administrative rule.
976	This subsection does not apply to toll rates on high-occupancy
977	toll lanes or express lanes.
978	(4)  Notwithstanding any other law to the contrary,
979	pursuant to s. 11, Art. VII of the State Constitution, and
980	subject to the requirements of subsection (2), the Department of
981	Transportation may request the Division of Bond Finance to issue
982	bonds secured by toll revenues to be collected on the Alligator
983	Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
984	the Navarre Bridge, and the Pinellas Bayway to fund
985	transportation projects located within the county or counties in
986	which the project is located and contained in the adopted work
987	program of the department.
988	(5)  If the revenue-producing project is on the county road
989	system, any remaining toll revenue shall be used for the
990	construction, maintenance, or improvement of any other state or
991	county road within the county or counties in which the revenue-
992	producing project is located, except as provided in s. 348.0004.
993	(6)  Selection of projects on the State Highway System for
994	construction, maintenance, or improvement with toll revenues
995	shall be, with the concurrence of the department, consistent
996	with the Florida Transportation Plan.
997	(7)  Notwithstanding the provisions of subsection (1), and
998	not including high occupancy toll lanes or express lanes, no
999	tolls may be charged for use of an interstate highway where
1000	tolls were not charged as of July 1, 1997.
1001	(8)  With the exception of subsection (3), this section
1002	does not apply to the turnpike system as defined under the
1003	Florida Turnpike Enterprise Law.
1004	Section 18.  Paragraph (d) is added to subsection (1) of
1005	section 338.2216, Florida Statutes, to read:
1006	338.2216  Florida Turnpike Enterprise; powers and
1007	authority.--
1008	(1)
1009	(d)  The Florida Turnpike Enterprise is directed to pursue
1010	and implement new technologies and processes in its operations
1011	and collection of tolls and the collection of other amounts
1012	associated with road and infrastructure usage. Such technologies
1013	and processes shall include, without limitation, video and other
1014	image-based billing methods and variable pricing.
1015	Section 19.  Paragraph (b) of subsection (1) of section
1016	338.223, Florida Statutes, is amended to read:
1017	338.223  Proposed turnpike projects.--
1018	(1)
1019	(b)  Any proposed turnpike project or improvement shall be
1020	developed in accordance with the Florida Transportation Plan and
1021	the work program pursuant to s. 339.135. Turnpike projects that
1022	add capacity, alter access, affect feeder roads, or affect the
1023	operation of the local transportation system shall be included
1024	in the transportation improvement plan of the affected
1025	metropolitan planning organization. If such turnpike project
1026	does not fall within the jurisdiction of a metropolitan planning
1027	organization, the department shall notify the affected county
1028	and provide for public hearings in accordance with s.
1029	339.155(5)(6)(c).
1030	Section 20.  Section 338.231, Florida Statutes, is amended
1031	to read:
1032	338.231  Turnpike tolls, fixing; pledge of tolls and other
1033	revenues.--The department shall at all times fix, adjust,
1034	charge, and collect such tolls for the use of the turnpike
1035	system as are required in order to provide a fund sufficient
1036	with other revenues of the turnpike system to pay the cost of
1037	maintaining, improving, repairing, and opera ting such turnpike
1038	system; to pay the principal of and interest on all bonds issued
1039	to finance or refinance any portion of the turnpike system as
1040	the same become due and payable; and to create reserves for all
1041	such purposes.
1042	(1)  In the process of effectuating toll rate increases
1043	over the period 1988 through 1992, the department shall, to the
1044	maximum extent feasible, equalize the toll structure, within
1045	each vehicle classification, so that the per mile toll rate will
1046	be approximately the same throughout the turnpike system. New
1047	turnpike projects may have toll rates higher than the uniform
1048	system rate where such higher toll rates are necessary to
1049	qualify the project in accordance with the financial criteria in
1050	the turnpike law. Such higher rates may be reduced to the
1051	uniform system rate when the project is generating sufficient
1052	revenues to pay the full amount of debt service and operating
1053	and maintenance costs at the uniform system rate. If, after 15
1054	years of opening to traffic, the annual revenue of a turnpike
1055	project does not meet or exceed the annual debt service
1056	requirements and operating and maintenance costs attributable to
1057	such project, the department shall, to the maximum extent
1058	feasible, establish a toll rate for the project which is higher
1059	than the uniform system rate as necessary to meet such annual
1060	debt service requirements and operating and maintenance costs.
1061	The department may, to the extent feasible, establish a
1062	temporary toll rate at less than the uniform system rate for the
1063	purpose of building patronage for the ultimate benefit of the
1064	turnpike system. In no case shall the temporary rate be
1065	established for more than 1 year. The requirements of this
1066	subsection shall not apply when the application of such
1067	requirements would violate any covenant established in a
1068	resolution or trust indenture relating to the issuance of
1069	turnpike bonds.
1070	(1)(2)  Notwithstanding any other provision of law, the
1071	department may defer the scheduled July 1, 1993, toll rate
1072	increase on the Homestead Extension of the Florida Turnpike
1073	until July 1, 1995. The department may also advance funds to the
1074	Turnpike General Reserve Trust Fund to replace estimated lost
1075	revenues resulting from this deferral. The amount advanced must
1076	be repaid within 12 years from the date of advance; however, the
1077	repayment is subordinate to all other debt financing of the
1078	turnpike system outstanding at the time repayment is due.
1079	(2)(3)  The department shall publish a proposed change in
1080	the toll rate for the use of an existing toll facility, in the
1081	manner provided for in s. 120.54, which will provide for public
1082	notice and the opportunity for a public hearing before the
1083	adoption of the proposed rate change. When the department is
1084	evaluating a proposed turnpike toll project under s. 338.223 and
1085	has determined that there is a high probability that the project
1086	will pass the test of economic feasibility predicated on
1087	proposed toll rates, the toll rate that is proposed to be
1088	charged after the project is constructed must be adopted during
1089	the planning and project development phase of the project, in
1090	the manner provided for in s. 120.54, including public notice
1091	and the opportunity for a public hearing. For such a new
1092	project, the toll rate becomes effective upon the opening of the
1093	project to traffic.
1094	(3)(a)(4)  For the period July 1, 1998, through June 30,
1095	2017, the department shall, to the maximum extent feasible,
1096	program sufficient funds in the tentative work program such that
1097	the percentage of turnpike toll and bond financed commitments in
1098	Miami-Dade County, Broward County, and Palm Beach County as
1099	compared to total turnpike toll and bond financed commitments
1100	shall be at least 90 percent of the share of net toll
1101	collections attributable to users of the turnpike system in
1102	Miami-Dade County, Broward County, and Palm Beach County as
1103	compared to total net toll collections attributable to users of
1104	the turnpike system. The requirements of this subsection do not
1105	apply when the application of such requirements would violate
1106	any covenant established in a resolution or trust indenture
1107	relating to the issuance of turnpike bonds. The department at
1108	any time for economic considerations may establish lower
1109	temporary toll rates for a new or existing toll facility for a
1110	period not to exceed 1 year, after which the toll rates
1111	promulgated under s. 120.54 shall become effective.
1112	(b)  The department shall also fix, adjust, charge, and
1113	collect such amounts needed to cover the costs of administering
1114	the different toll collection and payment methods and types of
1115	accounts being offered and utilized, in the manner provided for
1116	in s. 120.54, which will provide for public notice and the
1117	opportunity for a public hearing before adoption. Such amounts
1118	may stand alone, be incorporated in a toll rate structure, or be
1119	a combination thereof.
1120	(4)(5)  When bonds are outstanding which have been issued
1121	to finance or refinance any turnpike project, the tolls and all
1122	other revenues derived from the turnpike system and pledged to
1123	such bonds shall be set aside as may be provided in the
1124	resolution authorizing the issuance of such bonds or the trust
1125	agreement securing the same. The tolls or other revenues or
1126	other moneys so pledged and thereafter received by the
1127	department are immediately subject to the lien of such pledge
1128	without any physical delivery thereof or further act. The lien
1129	of any such pledge is valid and binding as against all parties
1130	having claims of any kind in tort or contract or otherwise
1131	against the department irrespective of whether such parties have
1132	notice thereof. Neither the resolution nor any trust agreement
1133	by which a pledge is created need be filed or recorded except in
1134	the records of the department.
1135	(5)(6)  In each fiscal year while any of the bonds of the
1136	Broward County Expressway Authority series 1984 and series 1986-
1137	A remain outstanding, the department is authorized to pledge
1138	revenues from the turnpike system to the payment of principal
1139	and interest of such series of bonds and the operation and
1140	maintenance expenses of the Sawgrass Expressway, to the extent
1141	gross toll revenues of the Sawgrass Expressway are insufficient
1142	to make such payments. The terms of an agreement relative to the
1143	pledge of turnpike system revenue will be negotiated with the
1144	parties of the 1984 and 1986 Broward County Expressway Authority
1145	lease-purchase agreements, and subject to the covenants of those
1146	agreements. The agreement shall establish that the Sawgrass
1147	Expressway shall be subject to the planning, management, and
1148	operating control of the department limited only by the terms of
1149	the lease-purchase agreements. The department shall provide for
1150	the payment of operation and maintenance expenses of the
1151	Sawgrass Expressway until such agreement is in effect. This
1152	pledge of turnpike system revenues shall be subordinate to the
1153	debt service requirements of any future issue of turnpike bonds,
1154	the payment of turnpike system operation and maintenance
1155	expenses, and subject to provisions of any subsequent resolution
1156	or trust indenture relating to the issuance of such turnpike
1157	bonds.
1158	(6)(7)  The use and disposition of revenues pledged to
1159	bonds are subject to the provisions of ss. 338.22-338.241 and
1160	such regulations as the resolution authorizing the issuance of
1161	such bonds or such trust agreement may provide.
1162	Section 21.  Subsection (4) of section 339.12, Florida
1163	Statutes, is amended to read:
1164	339.12  Aid and contributions by governmental entities for
1165	department projects; federal aid.--
1166	(4)(a)  Prior to accepting the contribution of road bond
1167	proceeds, time warrants, or cash for which reimbursement is
1168	sought, the department shall enter into agreements with the
1169	governing body of the governmental entity for the project or
1170	project phases in accordance with specifications agreed upon
1171	between the department and the governing body of the
1172	governmental entity. The department in no instance is to receive
1173	from such governmental entity an amount in excess of the actual
1174	cost of the project or project phase. By specific provision in
1175	the written agreement between the department and the governing
1176	body of the governmental entity, the department may agree to
1177	reimburse the governmental entity for the actual amount of the
1178	bond proceeds, time warrants, or cash used on a highway project
1179	or project phases that are not revenue producing and are
1180	contained in the department's adopted work program, or any
1181	public transportation project contained in the adopted work
1182	program. Subject to appropriation of funds by the Legislature,
1183	the department may commit state funds for reimbursement of such
1184	projects or project phases. Reimbursement to the governmental
1185	entity for such a project or project phase must be made from
1186	funds appropriated by the Legislature, and reimbursement for the
1187	cost of the project or project phase is to begin in the year the
1188	project or project phase is scheduled in the work program as of
1189	the date of the agreement. Funds advanced pursuant to this
1190	section, which were originally designated for transportation
1191	purposes and so reimbursed to a county or municipality, shall be
1192	used by the county or municipality for any transportation
1193	expenditure authorized under s. 336.025(7). Also, cities and
1194	counties may receive funds from persons, and reimburse those
1195	persons, for the purposes of this section. Such persons may
1196	include, but are not limited to, those persons defined in s.
1197	607.01401(19).
1198	(b)  Prior to entering an agreement to advance a project or
1199	project phase pursuant to this subsection and subsection (5),
1200	the department shall first update the estimated cost of the
1201	project or project phase and certify that the estimate is
1202	accurate and consistent with the amount estimated in the adopted
1203	work program.  If the original estimate and the updated estimate
1204	vary, the department shall amend the adopted work program
1205	according to the amendatory procedures for the work program set
1206	forth in s. 339.135(7). The amendment shall reflect all
1207	corresponding increases and decreases to the affected projects
1208	within the adopted work program.
1209	(c)  The department may enter into agreements under this
1210	subsection for a project or project phase not included in the
1211	adopted work program. As used in this paragraph, the term
1212	"project phase" means acquisition of rights-of-way,
1213	construction, construction inspection, and related support
1214	phases. The project or project phase must be a high priority of
1215	the governmental entity. Reimbursement for a project or project
1216	phase must be made from funds appropriated by the Legislature
1217	pursuant to s. 339.135(5). All other provisions of this
1218	subsection apply to agreements entered into under this
1219	paragraph. The total amount of project agreements for projects
1220	or project phases not included in the adopted work program
1221	authorized by this paragraph may not at any time exceed $250
1222	$100 million. However, notwithstanding such $250 $100 million
1223	limit and any similar limit in s. 334.30, project advances for
1224	any inland county with a population greater than 500,000
1225	dedicating amounts equal to $500 million or more of its Local
1226	Government Infrastructure Surtax pursuant to s. 212.055(2) for
1227	improvements to the State Highway System which are included in
1228	the local metropolitan planning organization's or the
1229	department's long-range transportation plans shall be excluded
1230	from the calculation of the statewide limit of project advances.
1231	(d)  The department may enter into agreements under this
1232	subsection with any county that has a population of 150,000 or
1233	less, as determined by the most recent official estimate
1234	pursuant to s. 186.901, for a project or project phase not
1235	included in the adopted work program. As used in this paragraph,
1236	the term "project phase" means acquisition of rights-of-way,
1237	construction, construction inspection, and related support
1238	phases. The project or project phase must be a high priority of
1239	the governmental entity. Reimbursement for a project or project
1240	phase must be made from funds appropriated by the Legislature
1241	pursuant to s. 339.135(5). All other provisions of this
1242	subsection apply to agreements entered into under this
1243	paragraph. The total amount of project agreements for projects
1244	or project phases not included in the adopted work program
1245	authorized by this paragraph may not at any time exceed $200
1246	million. The project must be included in the local government's
1247	adopted comprehensive plan. The department is authorized to
1248	enter into long-term repayment agreements of up to 30 years.
1249	Section 22.  Paragraph (d) of subsection (7) of section
1250	339.135, Florida Statutes, is amended to read:
1251	339.135  Work program; legislative budget request;
1252	definitions; preparation, adoption, execution, and amendment.--
1253	(7) AMENDMENT OF THE ADOPTED WORK PROGRAM.--
1254	(d)1.  Whenever the department proposes any amendment to
1255	the adopted work program, as defined in subparagraph (c)1. or
1256	subparagraph (c)3., which deletes or defers a construction phase
1257	on a capacity project, it shall notify each county affected by
1258	the amendment and each municipality within the county. The
1259	notification shall be issued in writing to the chief elected
1260	official of each affected county and each municipality within
1261	the county and the chair of each affected metropolitan planning
1262	organization. Each affected county, and each municipality in the
1263	county, is encouraged to coordinate with each other to determine
1264	how the amendment affects local concurrency management and
1265	regional transportation planning efforts. Each affected county,
1266	and each municipality within the county, shall have 14 days to
1267	provide written comments to the department regarding how the
1268	amendment will affect its respective concurrency management
1269	systems, including whether any development permits were issued
1270	contingent upon the capacity improvement, if applicable. After
1271	receipt of written comments from the affected local governments,
1272	the department shall include any written comments submitted by
1273	such local governments in its preparation of the proposed
1274	amendment.
1275	2.  Following the 14-day comment period in subparagraph 1.,
1276	if applicable, whenever the department proposes any amendment to
1277	the adopted work program, which amendment is defined in
1278	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1279	subparagraph (c)4., it shall submit the proposed amendment to
1280	the Governor for approval and shall immediately notify the
1281	chairs of the legislative appropriations committees, the chairs
1282	of the legislative transportation committees, and each member of
1283	the Legislature who represents a district affected by the
1284	proposed amendment. It shall also notify, each metropolitan
1285	planning organization affected by the proposed amendment, and
1286	each unit of local government affected by the proposed
1287	amendment, unless it provided to each the notification required
1288	by subparagraph 1. Such proposed amendment shall provide a
1289	complete justification of the need for the proposed amendment.
1290	3.2.  The Governor shall not approve a proposed amendment
1291	until 14 days following the notification required in
1292	subparagraph 2. 1.
1293	4.3.  If either of the chairs of the legislative
1294	appropriations committees or the President of the Senate or the
1295	Speaker of the House of Representatives objects in writing to a
1296	proposed amendment within 14 days following notification and
1297	specifies the reasons for such objection, the Governor shall
1298	disapprove the proposed amendment.
1299	Section 23.  Section 339.155, Florida Statutes, is amended
1300	to read:
1301	339.155  Transportation planning.--
1302	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
1303	develop and annually update a statewide transportation plan, to
1304	be known as the Florida Transportation Plan. The plan shall be
1305	designed so as to be easily read and understood by the general
1306	public. The purpose of the Florida Transportation Plan is to
1307	establish and define the state's long-range transportation goals
1308	and objectives to be accomplished over a period of at least 20
1309	years within the context of the State Comprehensive Plan, and
1310	any other statutory mandates and authorizations and based upon
1311	the prevailing principles of: preserving the existing
1312	transportation infrastructure; enhancing Florida's economic
1313	competitiveness; and improving travel choices to ensure
1314	mobility. The Florida Transportation Plan shall consider the
1315	needs of the entire state transportation system and examine the
1316	use of all modes of transportation to effectively and
1317	efficiently meet such needs.
1318	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
1319	out a transportation planning process in conformance with s.
1320	334.046(1). which provides for consideration of projects and
1321	strategies that will:
1322	(a)  Support the economic vitality of the United States,
1323	Florida, and the metropolitan areas, especially by enabling
1324	global competitiveness, productivity, and efficiency;
1325	(b)  Increase the safety and security of the transportation
1326	system for motorized and nonmotorized users;
1327	(c)  Increase the accessibility and mobility options
1328	available to people and for freight;
1329	(d)  Protect and enhance the environment, promote energy
1330	conservation, and improve quality of life;
1331	(e)  Enhance the integration and connectivity of the
1332	transportation system, across and between modes throughout
1333	Florida, for people and freight;
1334	(f)  Promote efficient system management and operation; and
1335	(g)  Emphasize the preservation of the existing
1336	transportation system.
1337	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
1338	Transportation Plan shall be a unified, concise planning
1339	document that clearly defines the state's long-range
1340	transportation goals and objectives and documents the
1341	department's short-range objectives developed to further such
1342	goals and objectives. The plan shall:
1343	(a)  Include a glossary that clearly and succinctly defines
1344	any and all phrases, words, or terms of art included in the
1345	plan, with which the general public may be unfamiliar. and shall
1346	consist of, at a minimum, the following components:
1347	(b)(a)  Document A long-range component documenting the
1348	goals and long-term objectives necessary to implement the
1349	results of the department's findings from its examination of the
1350	prevailing principles and criteria provided under listed in
1351	subsection (2) and s. 334.046(1). The long-range component must
1352	(c)  Be developed in cooperation with the metropolitan
1353	planning organizations and reconciled, to the maximum extent
1354	feasible, with the long-range plans developed by metropolitan
1355	planning organizations pursuant to s. 339.175. The plan must
1356	also
1357	(d)  Be developed in consultation with affected local
1358	officials in nonmetropolitan areas and with any affected Indian
1359	tribal governments. The plan must
1360	(e)  Provide an examination of transportation issues likely
1361	to arise during at least a 20-year period. The long-range
1362	component shall
1363	(f)  Be updated at least once every 5 years, or more often
1364	as necessary, to reflect substantive changes to federal or state
1365	law.
1366	(b)  A short-range component documenting the short-term
1367	objectives and strategies necessary to implement the goals and
1368	long-term objectives contained in the long-range component. The
1369	short-range component must define the relationship between the
1370	long-range goals and the short-range objectives, specify those
1371	objectives against which the department's achievement of such
1372	goals will be measured, and identify transportation strategies
1373	necessary to efficiently achieve the goals and objectives in the
1374	plan. It must provide a policy framework within which the
1375	department's legislative budget request, the strategic
1376	information resource management plan, and the work program are
1377	developed. The short-range component shall serve as the
1378	department's annual agency strategic plan pursuant to s.
1379	186.021. The short-range component shall be developed consistent
1380	with available and forecasted state and federal funds. The
1381	short-range component shall also be submitted to the Florida
1382	Transportation Commission.
1383	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
1384	develop an annual performance report evaluating the operation of
1385	the department for the preceding fiscal year. The report shall
1386	also include a summary of the financial operations of the
1387	department and shall annually evaluate how well the adopted work
1388	program meets the short-term objectives contained in the short-
1389	range component of the Florida Transportation Plan. This
1390	performance report shall be submitted to the Florida
1391	Transportation Commission and the legislative appropriations and
1392	transportation committees.
1393	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
1394	(a)  Upon request by local governmental entities, the
1395	department may in its discretion develop and design
1396	transportation corridors, arterial and collector streets,
1397	vehicular parking areas, and other support facilities which are
1398	consistent with the plans of the department for major
1399	transportation facilities. The department may render to local
1400	governmental entities or their planning agencies such technical
1401	assistance and services as are necessary so that local plans and
1402	facilities are coordinated with the plans and facilities of the
1403	department.
1404	(b)  Each regional planning council, as provided for in s.
1405	186.504, or any successor agency thereto, shall develop, as an
1406	element of its strategic regional policy plan, transportation
1407	goals and policies. The transportation goals and policies must
1408	be prioritized to comply with the prevailing principles provided
1409	in subsection (2) and s. 334.046(1). The transportation goals
1410	and policies shall be consistent, to the maximum extent
1411	feasible, with the goals and policies of the metropolitan
1412	planning organization and the Florida Transportation Plan. The
1413	transportation goals and policies of the regional planning
1414	council will be advisory only and shall be submitted to the
1415	department and any affected metropolitan planning organization
1416	for their consideration and comments. Metropolitan planning
1417	organization plans and other local transportation plans shall be
1418	developed consistent, to the maximum extent feasible, with the
1419	regional transportation goals and policies. The regional
1420	planning council shall review urbanized area transportation
1421	plans and any other planning products stipulated in s. 339.175
1422	and provide the department and respective metropolitan planning
1423	organizations with written recommendations which the department
1424	and the metropolitan planning organizations shall take under
1425	advisement. Further, the regional planning councils shall
1426	directly assist local governments which are not part of a
1427	metropolitan area transportation planning process in the
1428	development of the transportation element of their comprehensive
1429	plans as required by s. 163.3177.
1430	(c)  Regional transportation plans may be developed in
1431	regional transportation areas in accordance with an interlocal
1432	agreement entered into pursuant to s. 163.01 by two or more
1433	contiguous metropolitan planning organizations; one or more
1434	metropolitan planning organizations and one or more contiguous
1435	counties, none of which is a member of a metropolitan planning
1436	organization; a multicounty regional transportation authority
1437	created by or pursuant to law; two or more contiguous counties
1438	that are not members of a metropolitan planning organization; or
1439	metropolitan planning organizations comprised of three or more
1440	counties.
1441	(d)  The interlocal agreement must, at a minimum, identify
1442	the entity that will coordinate the development of the regional
1443	transportation plan; delineate the boundaries of the regional
1444	transportation area; provide the duration of the agreement and
1445	specify how the agreement may be terminated, modified, or
1446	rescinded; describe the process by which the regional
1447	transportation plan will be developed; and provide how members
1448	of the entity will resolve disagreements regarding
1449	interpretation of the interlocal agreement or disputes relating
1450	to the development or content of the regional transportation
1451	plan. Such interlocal agreement shall become effective upon its
1452	recordation in the official public records of each county in the
1453	regional transportation area.
1454	(e)  The regional transportation plan developed pursuant to
1455	this section must, at a minimum, identify regionally significant
1456	transportation facilities located within a regional
1457	transportation area and contain a prioritized list of regionally
1458	significant projects. The level-of-service standards for
1459	facilities to be funded under this subsection shall be adopted
1460	by the appropriate local government in accordance with s.
1461	163.3180(10). The projects shall be adopted into the capital
1462	improvements schedule of the local government comprehensive plan
1463	pursuant to s. 163.3177(3).
1464	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
1465	TRANSPORTATION PLANNING.--
1466	(a)  During the development of the long-range component of
1467	the Florida Transportation Plan and prior to substantive
1468	revisions, the department shall provide citizens, affected
1469	public agencies, representatives of transportation agency
1470	employees, other affected employee representatives, private
1471	providers of transportation, and other known interested parties
1472	with an opportunity to comment on the proposed plan or
1473	revisions. These opportunities shall include, at a minimum,
1474	publishing a notice in the Florida Administrative Weekly and
1475	within a newspaper of general circulation within the area of
1476	each department district office.
1477	(b)  During development of major transportation
1478	improvements, such as those increasing the capacity of a
1479	facility through the addition of new lanes or providing new
1480	access to a limited or controlled access facility or
1481	construction of a facility in a new location, the department
1482	shall hold one or more hearings prior to the selection of the
1483	facility to be provided; prior to the selection of the site or
1484	corridor of the proposed facility; and prior to the selection of
1485	and commitment to a specific design proposal for the proposed
1486	facility. Such public hearings shall be conducted so as to
1487	provide an opportunity for effective participation by interested
1488	persons in the process of transportation planning and site and
1489	route selection and in the specific location and design of
1490	transportation facilities. The various factors involved in the
1491	decision or decisions and any alternative proposals shall be
1492	clearly presented so that the persons attending the hearing may
1493	present their views relating to the decision or decisions which
1494	will be made.
1495	(c)  Opportunity for design hearings:
1496	1.  The department, prior to holding a design hearing,
1497	shall duly notify all affected property owners of record, as
1498	recorded in the property appraiser's office, by mail at least 20
1499	days prior to the date set for the hearing. The affected
1500	property owners shall be:
1501	a.  Those whose property lies in whole or in part within
1502	300 feet on either side of the centerline of the proposed
1503	facility.
1504	b.  Those whom the department determines will be
1505	substantially affected environmentally, economically, socially,
1506	or safetywise.
1507	2.  For each subsequent hearing, the department shall
1508	publish notice prior to the hearing date in a newspaper of
1509	general circulation for the area affected. These notices must be
1510	published twice, with the first notice appearing at least 15
1511	days, but no later than 30 days, before the hearing.
1512	3.  A copy of the notice of opportunity for the hearing
1513	must be furnished to the United States Department of
1514	Transportation and to the appropriate departments of the state
1515	government at the time of publication.
1516	4.  The opportunity for another hearing shall be afforded
1517	in any case when proposed locations or designs are so changed
1518	from those presented in the notices specified above or at a
1519	hearing as to have a substantially different social, economic,
1520	or environmental effect.
1521	5.  The opportunity for a hearing shall be afforded in each
1522	case in which the department is in doubt as to whether a hearing
1523	is required.
1524	Section 24.  Subsection (3) and paragraphs (b) and (c) of
1525	subsection (4) of section 339.2816, Florida Statutes, are
1526	amended to read:
1527	339.2816  Small County Road Assistance Program.--
1528	(3)  Beginning with fiscal year 1999-2000 until fiscal year
1529	2009-2010, and beginning again with fiscal year 2012-2013, up to
1530	$25 million annually from the State Transportation Trust Fund
1531	may be used for the purposes of funding the Small County Road
1532	Assistance Program as described in this section.
1533	(4)
1534	(b)  In determining a county's eligibility for assistance
1535	under this program, the department may consider whether the
1536	county has attempted to keep county roads in satisfactory
1537	condition, including the amount of local option fuel tax and ad
1538	valorem millage rate imposed by the county. The department may
1539	also consider the extent to which the county has offered to
1540	provide a match of local funds with state funds provided under
1541	the program. At a minimum, small counties shall be eligible only
1542	if:
1543	1.  the county has enacted the maximum rate of the local
1544	option fuel tax authorized by s. 336.025(1)(a)., and has imposed
1545	an ad valorem millage rate of at least 8 mills; or
1546	2.  The county has imposed an ad valorem millage rate of 10
1547	mills.
1548	(c)  The following criteria shall be used to prioritize
1549	road projects for funding under the program:
1550	1.  The primary criterion is the physical condition of the
1551	road as measured by the department.
1552	2.  As secondary criteria the department may consider:
1553	a.  Whether a road is used as an evacuation route.
1554	b.  Whether a road has high levels of agricultural travel.
1555	c.  Whether a road is considered a major arterial route.
1556	d.  Whether a road is considered a feeder road.
1557	e.  Whether a road is located in a fiscally constrained
1558	county, as defined in s. 218.67(1).
1559	f.e.  Other criteria related to the impact of a project on
1560	the public road system or on the state or local economy as
1561	determined by the department.
1562	Section 25.  Subsections (1) and (3) of section 339.2819,
1563	Florida Statutes, are amended to read:
1564	339.2819  Transportation Regional Incentive Program.--
1565	(1)  There is created within the Department of
1566	Transportation a Transportation Regional Incentive Program for
1567	the purpose of providing funds to improve regionally significant
1568	transportation facilities in regional transportation areas
1569	created pursuant to s. 339.155(4)(5).
1570	(3)  The department shall allocate funding available for
1571	the Transportation Regional Incentive Program to the districts
1572	based on a factor derived from equal parts of population and
1573	motor fuel collections for eligible counties in regional
1574	transportation areas created pursuant to s. 339.155(4)(5).
1575	Section 26.  Subsection (6) of section 339.285, Florida
1576	Statutes, is amended to read:
1577	339.285  Enhanced Bridge Program for Sustainable
1578	Transportation.--
1579	(6)  Preference shall be given to bridge projects located
1580	on corridors that connect to the Strategic Intermodal System,
1581	created under s. 339.64, and that have been identified as
1582	regionally significant in accordance with s. 339.155(4)(5)(c),
1583	(d), and (e).
1584	Section 27.  Part III of chapter 343, Florida Statutes,
1585	consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1586	343.76, and 343.77, is repealed.
1587	Section 28.  Subsection (4) of section 348.0003, Florida
1588	Statutes, is amended to read:
1589	348.0003  Expressway Authority; formation and;
1590	membership.--
1591	(4)
1592	(c)  Members of each expressway an authority,
1593	transportation authority, bridge authority, or toll authority,
1594	created pursuant to this chapter, chapter 343, or chapter 349,
1595	or pursuant to any other legislative enactment, shall be
1596	required to comply with the applicable financial disclosure
1597	requirements of s. 8, Art. II of the State Constitution. This
1598	paragraph does not subject a statutorily created expressway
1599	authority, transportation authority, bridge authority, or toll
1600	authority, other than one created under this part, to any of the
1601	requirements of this part other than those contained in this
1602	paragraph.
1603	Section 29.  Paragraph (c) is added to subsection (1) of
1604	section 348.0004, Florida Statutes, to read:
1605	348.0004  Purposes and powers.--
1606	(1)
1607	(c)  Notwithstanding any other provision of law, expressway
1608	authorities created under chapter 348 may index toll rates on
1609	toll facilities to the annual Consumer Price Index or similar
1610	inflation indicators. Once a toll rate index has been
1611	implemented pursuant to this paragraph, the toll rate index
1612	shall remain in place and may not be revoked. The toll rate
1613	index for inflation under this subsection must be adopted and
1614	approved by the expressway authority board at a public meeting
1615	and may be made no more frequently than once a year and must be
1616	made no less frequently than once every 5 years as necessary to
1617	accommodate cash toll rate schedules. Toll rates may be
1618	increased beyond these limits as directed by bond documents,
1619	covenants, or governing body authorizations or pursuant to
1620	department administrative rule.
1621	Section 30.  Subsection (1) of section 479.01, Florida
1622	Statutes, is amended to read:
1623	479.01  Definitions.--As used in this chapter, the term:
1624	(1)  "Automatic changeable facing" means a facing that
1625	which through a mechanical system is capable of delivering two
1626	or more advertising messages through an automated or remotely
1627	controlled process and shall not rotate so rapidly as to cause
1628	distraction to a motorist.
1629	Section 31.  Subsections (1), (5), and (9) of section
1630	479.07, Florida Statutes, are amended to read:
1631	479.07  Sign permits.--
1632	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1633	person may not erect, operate, use, or maintain, or cause to be
1634	erected, operated, used, or maintained, any sign on the State
1635	Highway System outside an urban incorporated area, as defined in
1636	s. 334.03(32), or on any portion of the interstate or federal-
1637	aid primary highway system without first obtaining a permit for
1638	the sign from the department and paying the annual fee as
1639	provided in this section. For purposes of this section, "on any
1640	portion of the State Highway System, interstate, or federal-aid
1641	primary system" shall mean a sign located within the controlled
1642	area which is visible from any portion of the main-traveled way
1643	of such system.
1644	(5)(a)  For each permit issued, the department shall
1645	furnish to the applicant a serially numbered permanent metal
1646	permit tag. The permittee is responsible for maintaining a valid
1647	permit tag on each permitted sign facing at all times. The tag
1648	shall be securely attached to the sign facing or, if there is no
1649	facing, on the pole nearest the highway; and it shall be
1650	attached in such a manner as to be plainly visible from the
1651	main-traveled way. Effective July 1, 2012, the tag shall be
1652	securely attached to the upper 50 percent of the pole nearest
1653	the highway and shall be attached in such a manner as to be
1654	plainly visible from the main traveled way. The permit will
1655	become void unless the permit tag is properly and permanently
1656	displayed at the permitted site within 30 days after the date of
1657	permit issuance. If the permittee fails to erect a completed
1658	sign on the permitted site within 270 days after the date on
1659	which the permit was issued, the permit will be void, and the
1660	department may not issue a new permit to that permittee for the
1661	same location for 270 days after the date on which the permit
1662	became void.
1663	(b)  If a permit tag is lost, stolen, or destroyed, the
1664	permittee to whom the tag was issued may must apply to the
1665	department for a replacement tag. The department shall establish
1666	by rule a service fee for replacement tags in an amount that
1667	will recover the actual cost of providing the replacement tag.
1668	Upon receipt of the application accompanied by the a service fee
1669	of $3, the department shall issue a replacement permit tag.
1670	Alternatively, the permittee may provide its own replacement tag
1671	pursuant to department specifications which the department shall
1672	establish by rule at the time it establishes the service fee for
1673	replacement tags.
1674	(9)(a)  A permit shall not be granted for any sign for
1675	which a permit had not been granted by the effective date of
1676	this act unless such sign is located at least:
1677	1.  One thousand five hundred feet from any other permitted
1678	sign on the same side of the highway, if on an interstate
1679	highway.
1680	2.  One thousand feet from any other permitted sign on the
1681	same side of the highway, if on a federal-aid primary highway.
1682
1683	The minimum spacing provided in this paragraph does not preclude
1684	the permitting of V-type, back-to-back, side-to-side, stacked,
1685	or double-faced signs at the permitted sign site. If a sign is
1686	visible from the controlled area of more than one highway
1687	subject to the jurisdiction of the department, the sign shall
1688	meet the permitting requirements of, and, if the sign meets the
1689	applicable permitting requirements, be permitted to, the highway
1690	with the more stringent permitting requirements.
1691	(b)  A permit shall not be granted for a sign pursuant to
1692	this chapter to locate such sign on any portion of the
1693	interstate or federal-aid primary highway system, which sign:
1694	1.  Exceeds 50 feet in sign structure height above the
1695	crown of the main-traveled way, if outside an incorporated area;
1696	2.  Exceeds 65 feet in sign structure height above the
1697	crown of the main-traveled way, if inside an incorporated area;
1698	or
1699	3.  Exceeds 950 square feet of sign facing including all
1700	embellishments.
1701	(c)  Notwithstanding subparagraph (a)1., there is
1702	established a pilot program in Orange, Hillsborough, and Osceola
1703	Counties, and within the boundaries of the City of Miami, under
1704	which the distance between permitted signs on the same side of
1705	an interstate highway may be reduced to 1,000 feet if all other
1706	requirements of this chapter are met and if:
1707	1.  The local government has adopted a plan, program,
1708	resolution, ordinance, or other policy encouraging the voluntary
1709	removal of signs in a downtown, historic, redevelopment, infill,
1710	or other designated area which also provides for a new or
1711	replacement sign to be erected on an interstate highway within
1712	that jurisdiction if a sign in the designated area is removed;
1713	2.  The sign owner and the local government mutually agree
1714	to the terms of the removal and replacement; and
1715	3.  The local government notifies the department of its
1716	intention to allow such removal and replacement as agreed upon
1717	pursuant to subparagraph 2.
1718
1719	The department shall maintain statistics tracking the use of the
1720	provisions of this pilot program based on the notifications
1721	received by the department from local governments under this
1722	paragraph.
1723	(d)  Nothing in this subsection shall be construed so as to
1724	cause a sign which was conforming on October 1, 1984, to become
1725	nonconforming.
1726	Section 32.  Section 479.08, Florida Statutes, is amended
1727	to read:
1728	479.08  Denial or revocation of permit.--The department has
1729	the authority to deny or revoke any permit requested or granted
1730	under this chapter in any case in which it determines that the
1731	application for the permit contains knowingly false or knowingly
1732	misleading information. The department has the authority to
1733	revoke any permit granted under this chapter in any case in
1734	which or that the permittee has violated any of the provisions
1735	of this chapter, unless such permittee, within 30 days after the
1736	receipt of notice by the department, corrects such false or
1737	misleading information and complies with the provisions of this
1738	chapter. For the purpose of this section, the notice of
1739	violation issued by the department shall describe in detail the
1740	alleged violation. Any person aggrieved by any action of the
1741	department in denying or revoking a permit under this chapter
1742	may, within 30 days after receipt of the notice, apply to the
1743	department for an administrative hearing pursuant to chapter
1744	120. If a timely request for hearing has been filed and the
1745	department issues a final order revoking a permit, such
1746	revocation shall be effective 30 days after the date of
1747	rendition. Except for department action pursuant to s.
1748	479.107(1), the filing of a timely and proper notice of appeal
1749	shall operate to stay the revocation until the department's
1750	action is upheld.
1751	Section 33.  Section 479.156, Florida Statutes, is amended
1752	to read:
1753	479.156  Wall murals.--Notwithstanding any other provision
1754	of this chapter, a municipality or county may permit and
1755	regulate wall murals within areas designated by such government.
1756	If a municipality or county permits wall murals, a wall mural
1757	that displays a commercial message and is within 660 feet of the
1758	nearest edge of the right-of-way within an area adjacent to the
1759	interstate highway system or the federal-aid primary highway
1760	system shall be located in an area that is zoned for industrial
1761	or commercial use and the municipality or county shall establish
1762	and enforce regulations for such areas that, at a minimum, set
1763	forth criteria governing the size, lighting, and spacing of wall
1764	murals consistent with the intent of the Highway Beautification
1765	Act of 1965 and with customary use. Whenever a municipality or
1766	county exercises such control and makes a determination of
1767	customary use, pursuant to 23 U.S.C. s. 131(d), such
1768	determination shall be accepted in lieu of controls in the
1769	agreement between the state and the United States Department of
1770	Transportation, and the Department of Transportation shall
1771	notify the Federal Highway Administration pursuant to the
1772	agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
1773	wall mural that is subject to municipal or county regulation and
1774	the Highway Beautification Act of 1965 must be approved by the
1775	Department of Transportation and the Federal Highway
1776	Administration where required by federal law and federal
1777	regulation pursuant to and may not violate the agreement between
1778	the state and the United States Department of Transportation and
1779	or violate federal regulations enforced by the Department of
1780	Transportation under s. 479.02(1). The existence of a wall mural
1781	as defined in s. 479.01(27) shall not be considered in
1782	determining whether a sign as defined in s. 479.01(17), either
1783	existing or new, is in compliance with s. 479.07(9)(a).
1784	Section 34.  Subsections (1), (3), (4), and (5) of section
1785	479.261, Florida Statutes, are amended to read:
1786	479.261  Logo sign program.--
1787	(1)  The department shall establish a logo sign program for
1788	the rights-of-way of the interstate highway system to provide
1789	information to motorists about available gas, food, lodging, and
1790	camping, attractions, and other services, as approved by the
1791	Federal Highway Administration, at interchanges, through the use
1792	of business logos, and may include additional interchanges under
1793	the program. A logo sign for nearby attractions may be added to
1794	this program if allowed by federal rules.
1795	(a)  An "attraction," as used in this chapter, is defined
1796	as an establishment, site, facility, or landmark that which is
1797	open a minimum of 5 days a week for 52 weeks a year; that which
1798	charges an admission for entry; which has as its principal focus
1799	family-oriented entertainment, cultural, educational,
1800	recreational, scientific, or historical activities; and that
1801	which is publicly recognized as a bona fide tourist attraction.
1802	However, the permits for businesses seeking to participate in
1803	the attractions logo sign program shall be awarded by the
1804	department annually to the highest bidders, notwithstanding the
1805	limitation on fees in subsection (5), which are qualified for
1806	available space at each qualified location, but the fees
1807	therefor may not be less than the fees established for logo
1808	participants in other logo categories.
1809	(b)  The department shall incorporate the use of RV-
1810	friendly markers on specific information logo signs for
1811	establishments that cater to the needs of persons driving
1812	recreational vehicles. Establishments that qualify for
1813	participation in the specific information logo program and that
1814	also qualify as "RV-friendly" may request the RV-friendly marker
1815	on their specific information logo sign. An RV-friendly marker
1816	must consist of a design approved by the Federal Highway
1817	Administration. The department shall adopt rules in accordance
1818	with chapter 120 to administer this paragraph, including rules
1819	setting forth the minimum requirements that establishments must
1820	meet in order to qualify as RV-friendly. These requirements
1821	shall include large parking spaces, entrances, and exits that
1822	can easily accommodate recreational vehicles and facilities
1823	having appropriate overhead clearances, if applicable.
1824	(c)  The department may implement a 3-year rotation-based
1825	logo program providing for the removal and addition of
1826	participating businesses in the program.
1827	(3)  Logo signs may be installed upon the issuance of an
1828	annual permit by the department or its agent and payment of a an
1829	application and permit fee to the department or its agent.
1830	(4)  The department may contract pursuant to s. 287.057 for
1831	the provision of services related to the logo sign program,
1832	including recruitment and qualification of businesses, review of
1833	applications, permit issuance, and fabrication, installation,
1834	and maintenance of logo signs. The department may reject all
1835	proposals and seek another request for proposals or otherwise
1836	perform the work. If the department contracts for the provision
1837	of services for the logo sign program, the contract must
1838	require, unless the business owner declines, that businesses
1839	that previously entered into agreements with the department to
1840	privately fund logo sign construction and installation be
1841	reimbursed by the contractor for the cost of the signs which has
1842	not been recovered through a previously agreed upon waiver of
1843	fees. The contract also may allow the contractor to retain a
1844	portion of the annual fees as compensation for its services.
1845	(5)  Permit fees for businesses that participate in the
1846	program must be established in an amount sufficient to offset
1847	the total cost to the department for the program, including
1848	contract costs. The department shall provide the services in the
1849	most efficient and cost-effective manner through department
1850	staff or by contracting for some or all of the services. The
1851	department shall adopt rules that set reasonable rates based
1852	upon factors such as population, traffic volume, market demand,
1853	and costs for annual permit fees. However, annual permit fees
1854	for sign locations inside an urban area, as defined in s.
1855	334.03(32), may not exceed $5,000 and annual permit fees for
1856	sign locations outside an urban area, as defined in s.
1857	334.03(32), may not exceed $2,500. After recovering program
1858	costs, the proceeds from the logo program shall be deposited
1859	into the State Transportation Trust Fund and used for
1860	transportation purposes. Such annual permit fee shall not exceed
1861	$1,250.
1862	Section 35.  Business partnerships; display of names.--
1863	(1)  School districts are encouraged to partner with local
1864	businesses for the purposes of mentorship opportunities,
1865	development of employment options and additional funding
1866	sources, and other mutual benefits.
1867	(2)  As a pilot program through June 30, 2011, the Palm
1868	Beach County School District may publicly display the names and
1869	recognitions of its business partners on school district
1870	property in unincorporated areas. Examples of appropriate
1871	business partner recognition include "Project Graduation" and
1872	athletic sponsorships. The district shall make every effort to
1873	display business partner names in a manner that is consistent
1874	with the county standards for uniformity in size, color, and
1875	placement of the signs. Whenever the provisions of this section
1876	are inconsistent with the provisions of the county ordinances or
1877	regulations relating to signs or the provisions of chapter 125,
1878	chapter 166, or chapter 479, Florida Statutes, in the
1879	unincorporated areas, the provisions of this section shall
1880	prevail.
1881	Section 36.  Notwithstanding any provision of chapter 74-
1882	400, Laws of Florida, public funds may be used for the
1883	alteration of Old Cutler Road, between Southwest 136th Street
1884	and Southwest 184th Street, in the Village of Palmetto Bay.
1885	(1)  The alteration may include the installation of
1886	sidewalks, curbing, and landscaping to enhance pedestrian access
1887	to the road.
1888	(2)  The official approval of the project by the Department
1889	of State must be obtained before any alteration is started.
1890	Section 37.  Subsection (1) of section 120.52, Florida
1891	Statutes, is amended to read:
1892	120.52  Definitions.--As used in this act:
1893	(1)  "Agency" means:
1894	(a)  The Governor in the exercise of all executive powers
1895	other than those derived from the constitution.
1896	(b)  Each:
1897	1.  State officer and state department, and each
1898	departmental unit described in s. 20.04.
1899	2.  Authority, including a regional water supply authority.
1900	3.  Board, including the Board of Governors of the State
1901	University System and a state university board of trustees when
1902	acting pursuant to statutory authority derived from the
1903	Legislature.
1904	4.  Commission, including the Commission on Ethics and the
1905	Fish and Wildlife Conservation Commission when acting pursuant
1906	to statutory authority derived from the Legislature.
1907	5.  Regional planning agency.
1908	6.  Multicounty special district with a majority of its
1909	governing board comprised of nonelected persons.
1910	7.  Educational units.
1911	8.  Entity described in chapters 163, 373, 380, and 582 and
1912	s. 186.504.
1913	(c)  Each other unit of government in the state, including
1914	counties and municipalities, to the extent they are expressly
1915	made subject to this act by general or special law or existing
1916	judicial decisions.
1917
1918	This definition does not include any legal entity or agency
1919	created in whole or in part pursuant to chapter 361, part II,
1920	any metropolitan planning organization created pursuant to s.
1921	339.175, any separate legal or administrative entity created
1922	pursuant to s. 339.175 of which a metropolitan planning
1923	organization is a member, an expressway authority pursuant to
1924	chapter 348 or any transportation authority under chapter 343 or
1925	chapter 349, any legal or administrative entity created by an
1926	interlocal agreement pursuant to s. 163.01(7), unless any party
1927	to such agreement is otherwise an agency as defined in this
1928	subsection, or any multicounty special district with a majority
1929	of its governing board comprised of elected persons; however,
1930	this definition shall include a regional water supply authority.
1931	Section 38.  Except as otherwise expressly provided in this
1932	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.