HB 1451

1	A bill to be entitled
2	An act relating to transportation facilities; amending s.
3	334.03, F.S.; revising definitions relating to the Florida
4	Transportation Code; amending s. 334.044, F.S.; revising
5	powers and duties of the Department of Transportation;
6	removing duty to assign jurisdictional responsibility and
7	to designate facilities as part of the State Highway
8	System; amending s. 334.047, F.S.; removing a provision
9	prohibiting the department from establishing a maximum
10	number of miles of urban principal arterial roads within a
11	district or county; amending ss. 163.3180, 288.063,
12	311.07, 311.09, 316.2122, 316.515, 332.14, 336.01,
13	338.222, 403.7211, and 479.01, F.S.; correcting cross-
14	references; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 334.03, Florida Statutes, is amended to
19	read:
20	334.03  Definitions.--When used in the Florida
21	Transportation Code, the term:
22	(1)  "Arterial road" means a route providing service which
23	is relatively continuous and of relatively high traffic volume,
24	long average trip length, high operating speed, and high
25	mobility importance. In addition, every United States numbered
26	highway is an arterial road.
27	(1)(2)  "Bridge" means a structure, including supports,
28	erected over a depression or an obstruction, such as water or a
29	highway or railway, and having a track or passageway for
30	carrying traffic as defined in chapter 316 or other moving
31	loads.
32	(2)(3)  "City street system" means all local roads within a
33	municipality that were under the jurisdiction of that
34	municipality on June 10, 1995, roads constructed by a
35	municipality for that municipality's street system, and roads
36	transferred to the municipality's jurisdiction after that date
37	by mutual consent with another governmental entity, but does not
38	include roads so transferred from the municipality's
39	jurisdiction, and all collector roads inside that municipality,
40	which are not in the county road system.
41	(4)  "Collector road" means a route providing service which
42	is of relatively moderate average traffic volume, moderately
43	average trip length, and moderately average operating speed.
44	Such a route also collects and distributes traffic between local
45	roads or arterial roads and serves as a linkage between land
46	access and mobility needs.
47	(3)(5)  "Commissioners" means the governing body of a
48	county.
49	(4)(6)  "Consolidated metropolitan statistical area" means
50	two or more metropolitan statistical areas that are socially and
51	economically interrelated as defined by the United States Bureau
52	of the Census.
53	(5)(7)  "Controlled access facility" means a street or
54	highway to which the right of access is highly regulated by the
55	governmental entity having jurisdiction over the facility in
56	order to maximize the operational efficiency and safety of the
57	high-volume through traffic utilizing the facility. Owners or
58	occupants of abutting lands and other persons have a right of
59	access to or from such facility at such points only and in such
60	manner as may be determined by the governmental entity.
61	(6)(8)  "County road system" means all roads within a
62	county which were under the jurisdiction of that county on June
63	10, 1995, roads constructed by a county for that county's road
64	system, and roads transferred to the county's jurisdiction after
65	that date by mutual consent with another governmental entity,
66	but does not include roads so transferred from the county's
67	jurisdiction collector roads in the unincorporated areas of a
68	county and all extensions of such collector roads into and
69	through any incorporated areas, all local roads in the
70	unincorporated areas, and all urban minor arterial roads not in
71	the State Highway System.
72	(7)(9)  "Department" means the Department of
73	Transportation.
74	(8)(10)  "Florida Intrastate Highway System" means a system
75	of limited access and controlled access facilities on the State
76	Highway System which have the capacity to provide high-speed and
77	high-volume traffic movements in an efficient and safe manner.
78	(9)(11)  "Functional classification" means the assignment
79	of roads into systems according to the character of service they
80	provide in relation to the total road network using procedures
81	developed by the Federal Highway Administration. Basic
82	functional categories include arterial roads, collector roads,
83	and local roads which may be subdivided into principal, major,
84	or minor levels. Those levels may be additionally divided into
85	rural and urban categories.
86	(10)(12)  "Governmental entity" means a unit of government,
87	or any officially designated public agency or authority of a
88	unit of government, that has the responsibility for planning,
89	construction, operation, or maintenance or jurisdiction over
90	transportation facilities; the term includes the Federal
91	Government, the state government, a county, an incorporated
92	municipality, a metropolitan planning organization, an
93	expressway or transportation authority, a road and bridge
94	district, a special road and bridge district, and a regional
95	governmental unit.
96	(11)(13)  "Limited access facility" means a street or
97	highway especially designed for through traffic, and over, from,
98	or to which owners or occupants of abutting land or other
99	persons have no right or easement of access, light, air, or view
100	by reason of the fact that their property abuts upon such
101	limited access facility or for any other reason. Such highways
102	or streets may be facilities from which trucks, buses, and other
103	commercial vehicles are excluded; or they may be facilities open
104	to use by all customary forms of street and highway traffic.
105	(12)(14)  "Local governmental entity" means a unit of
106	government with less than statewide jurisdiction, or any
107	officially designated public agency or authority of such a unit
108	of government, that has the responsibility for planning,
109	construction, operation, or maintenance of, or jurisdiction
110	over, a transportation facility; the term includes, but is not
111	limited to, a county, an incorporated municipality, a
112	metropolitan planning organization, an expressway or
113	transportation authority, a road and bridge district, a special
114	road and bridge district, and a regional governmental unit.
115	(15)  "Local road" means a route providing service which is
116	of relatively low average traffic volume, short average trip
117	length or minimal through-traffic movements, and high land
118	access for abutting property.
119	(13)(16)  "Metropolitan area" means a geographic region
120	comprising as a minimum the existing urbanized area and the
121	contiguous area projected to become urbanized within a 20-year
122	forecast period. The boundaries of a metropolitan area may be
123	designated so as to encompass a metropolitan statistical area or
124	a consolidated metropolitan statistical area. If a metropolitan
125	area, or any part thereof, is located within a nonattainment
126	area, the boundaries of the metropolitan area must be designated
127	so as to include the boundaries of the entire nonattainment
128	area, unless otherwise provided by agreement between the
129	applicable metropolitan planning organization and the Governor.
130	(14)(17)  "Metropolitan statistical area" means an area
131	that includes a municipality of 50,000 persons or more, or an
132	urbanized area of at least 50,000 persons as defined by the
133	United States Bureau of the Census, provided that the component
134	county or counties have a total population of at least 100,000.
135	(15)(18)  "Nonattainment area" means an area designated by
136	the United States Environmental Protection Agency, pursuant to
137	federal law, as exceeding national primary or secondary ambient
138	air quality standards for the pollutants carbon monoxide or
139	ozone.
140	(16)(19)  "Periodic maintenance" means activities that are
141	large in scope and require a major work effort to restore
142	deteriorated components of the transportation system to a safe
143	and serviceable condition, including, but not limited to, the
144	repair of large bridge structures, major repairs to bridges and
145	bridge systems, and the mineral sealing of lengthy sections of
146	roadway.
147	(17)(20)  "Person" means any person described in s. 1.01 or
148	any unit of government in or outside the state.
149	(18)(21)  "Right of access" means the right of ingress to a
150	highway from abutting land and egress from a highway to abutting
151	land.
152	(19)(22)  "Right-of-way" means land in which the state, the
153	department, a county, or a municipality owns the fee or has an
154	easement devoted to or required for use as a transportation
155	facility.
156	(20)(23)  "Road" means a way open to travel by the public,
157	including, but not limited to, a street, highway, or alley. The
158	term includes associated sidewalks, the roadbed, the right-of-
159	way, and all culverts, drains, sluices, ditches, water storage
160	areas, waterways, embankments, slopes, retaining walls, bridges,
161	tunnels, and viaducts necessary for the maintenance of travel
162	and all ferries used in connection therewith.
163	(21)(24)  "Routine maintenance" means minor repairs and
164	associated tasks necessary to maintain a safe and efficient
165	transportation system. The term includes: pavement patching;
166	shoulder repair; cleaning and repair of drainage ditches,
167	traffic signs, and structures; mowing; bridge inspection and
168	maintenance; pavement striping; litter cleanup; and other
169	similar activities.
170	(22)(25)  "State Highway System" means the following, which
171	shall be facilities to which access is regulated:
172	(a)  The interstate system and all other roads within the
173	state which were under the jurisdiction of the state on June 10,
174	1995, roads constructed by an agency of the state for the State
175	Highway System, and roads transferred to the state's
176	jurisdiction after that date by mutual consent with another
177	governmental entity, but does not include roads so transferred
178	from the state's jurisdiction. These facilities shall be
179	facilities to which access is regulated.;
180	(b)  All rural arterial routes and their extensions into
181	and through urban areas;
182	(c)  All urban principal arterial routes; and
183	(d)  The urban minor arterial mileage on the existing State
184	Highway System as of July 1, 1987, plus additional mileage to
185	comply with the 2-percent requirement as described below.
186
187	However, not less than 2 percent of the public road mileage of
188	each urbanized area on record as of June 30, 1986, shall be
189	included as minor arterials in the State Highway System.
190	Urbanized areas not meeting the foregoing minimum requirement
191	shall have transferred to the State Highway System additional
192	minor arterials of the highest significance in which case the
193	total minor arterials in the State Highway System from any
194	urbanized area shall not exceed 2.5 percent of that area's total
195	public urban road mileage.
196	(23)(26)  "State Park Road System" means roads embraced
197	within the boundaries of state parks and state roads leading to
198	state parks, other than roads of the State Highway System, the
199	county road systems, or the city street systems.
200	(24)(27)  "State road" means a street, road, highway, or
201	other way open to travel by the public generally and dedicated
202	to the public use according to law or by prescription and
203	designated by the department, as provided by law, as part of the
204	State Highway System.
205	(25)(28)  "Structure" means a bridge, viaduct, tunnel,
206	causeway, approach, ferry slip, culvert, toll plaza, gate, or
207	other similar facility used in connection with a transportation
208	facility.
209	(26)(29)  "Sufficiency rating" means the objective rating
210	of a road or section of a road for the purpose of determining
211	its capability to serve properly the actual or anticipated
212	volume of traffic using the road.
213	(27)(30)  "Transportation corridor" means any land area
214	designated by the state, a county, or a municipality which is
215	between two geographic points and which area is used or suitable
216	for the movement of people and goods by one or more modes of
217	transportation, including areas necessary for management of
218	access and securing applicable approvals and permits.
219	Transportation corridors shall contain, but are not limited to,
220	the following:
221	(a)  Existing publicly owned rights-of-way;
222	(b)  All property or property interests necessary for
223	future transportation facilities, including rights of access,
224	air, view, and light, whether public or private, for the purpose
225	of securing and utilizing future transportation rights-of-way,
226	including, but not limited to, any lands reasonably necessary
227	now or in the future for securing applicable approvals and
228	permits, borrow pits, drainage ditches, water retention areas,
229	rest areas, replacement access for landowners whose access could
230	be impaired due to the construction of a future facility, and
231	replacement rights-of-way for relocation of rail and utility
232	facilities.
233	(28)(31)  "Transportation facility" means any means for the
234	transportation of people or property from place to place which
235	is constructed, operated, or maintained in whole or in part from
236	public funds. The term includes the property or property rights,
237	both real and personal, which have been or may be established by
238	public bodies for the transportation of people or property from
239	place to place.
240	(29)(32)  "Urban area" means a geographic region comprising
241	as a minimum the area inside the United States Bureau of the
242	Census boundary of an urban place with a population of 5,000 or
243	more persons, expanded to include adjacent developed areas as
244	provided for by Federal Highway Administration regulations.
245	(33)  "Urban minor arterial road" means a route that
246	generally interconnects with and augments an urban principal
247	arterial road and provides service to trips of shorter length
248	and a lower level of travel mobility. The term includes all
249	arterials not classified as "principal" and contain facilities
250	that place more emphasis on land access than the higher system.
251	(30)(34)  "Urban place" means a geographic region composed
252	of one or more contiguous census tracts that have been found by
253	the United States Bureau of the Census to contain a population
254	density of at least 1,000 persons per square mile.
255	(35)  "Urban principal arterial road" means a route that
256	generally serves the major centers of activity of an urban area,
257	the highest traffic volume corridors, and the longest trip
258	purpose and carries a high proportion of the total urban area
259	travel on a minimum of mileage. Such roads are integrated, both
260	internally and between major rural connections.
261	(31)(36)  "Urbanized area" means a geographic region
262	comprising as a minimum the area inside an urban place of 50,000
263	or more persons, as designated by the United States Bureau of
264	the Census, expanded to include adjacent developed areas as
265	provided for by Federal Highway Administration regulations.
266	Urban areas with a population of fewer than 50,000 persons which
267	are located within the expanded boundary of an urbanized area
268	are not separately recognized.
269	(32)(37)  "511" or "511 services" means three-digit
270	telecommunications dialing to access interactive voice response
271	telephone traveler information services provided in the state as
272	defined by the Federal Communications Commission in FCC Order
273	No. 00-256, July 31, 2000.
274	(33)(38)  "Interactive voice response" means a software
275	application that accepts a combination of voice telephone input
276	and touch-tone keypad selection and provides appropriate
277	responses in the form of voice, fax, callback, e-mail, and other
278	media.
279	Section 2.  Subsections (11) and (13) of section 334.044,
280	Florida Statutes, are amended to read:
281	334.044  Department; powers and duties.--The department
282	shall have the following general powers and duties:
283	(11)  To establish a numbering system for public roads and,
284	to functionally classify such roads, and to assign
285	jurisdictional responsibility.
286	(13)  To designate existing and to plan proposed
287	transportation facilities as part of the State Highway System,
288	and to construct, maintain, and operate such facilities.
289	Section 3.  Section 334.047, Florida Statutes, is amended
290	to read:
291	334.047  Prohibition.--Notwithstanding any other provision
292	of law to the contrary, the Department of Transportation may not
293	establish a cap on the number of miles in the State Highway
294	System or a maximum number of miles of urban principal arterial
295	roads, as defined in s. 334.03, within a district or county.
296	Section 4.  Paragraph (d) of subsection (12) of section
297	163.3180, Florida Statutes, is amended to read:
298	163.3180  Concurrency.--
299	(12)  A development of regional impact may satisfy the
300	transportation concurrency requirements of the local
301	comprehensive plan, the local government's concurrency
302	management system, and s. 380.06 by payment of a proportionate-
303	share contribution for local and regionally significant traffic
304	impacts, if:
305	(d)  If the regionally significant transportation facility
306	to be constructed or improved is under the maintenance authority
307	of a governmental entity, as defined by s. 334.03(10)(12), other
308	than the local government with jurisdiction over the development
309	of regional impact, the developer is required to enter into a
310	binding and legally enforceable commitment to transfer funds to
311	the governmental entity having maintenance authority or to
312	otherwise assure construction or improvement of the facility.
313
314	The proportionate-share contribution may be applied to any
315	transportation facility to satisfy the provisions of this
316	subsection and the local comprehensive plan, but, for the
317	purposes of this subsection, the amount of the proportionate-
318	share contribution shall be calculated based upon the cumulative
319	number of trips from the proposed development expected to reach
320	roadways during the peak hour from the complete buildout of a
321	stage or phase being approved, divided by the change in the peak
322	hour maximum service volume of roadways resulting from
323	construction of an improvement necessary to maintain the adopted
324	level of service, multiplied by the construction cost, at the
325	time of developer payment, of the improvement necessary to
326	maintain the adopted level of service. For purposes of this
327	subsection, "construction cost" includes all associated costs of
328	the improvement. Proportionate-share mitigation shall be limited
329	to ensure that a development of regional impact meeting the
330	requirements of this subsection mitigates its impact on the
331	transportation system but is not responsible for the additional
332	cost of reducing or eliminating backlogs. This subsection also
333	applies to Florida Quality Developments pursuant to s. 380.061
334	and to detailed specific area plans implementing optional sector
335	plans pursuant to s. 163.3245.
336	Section 5.  Subsection (3) of section 288.063, Florida
337	Statutes, is amended to read:
338	288.063  Contracts for transportation projects.--
339	(3)  With respect to any contract executed pursuant to this
340	section, the term "transportation project" means a
341	transportation facility as defined in s. 334.03(28)(31) which is
342	necessary in the judgment of the Office of Tourism, Trade, and
343	Economic Development to facilitate the economic development and
344	growth of the state. Except for applications received prior to
345	July 1, 1996, such transportation projects shall be approved
346	only as a consideration to attract new employment opportunities
347	to the state or expand or retain employment in existing
348	companies operating within the state, or to allow for the
349	construction or expansion of a state or federal correctional
350	facility in a county with a population of 75,000 or less that
351	creates new employment opportunities or expands or retains
352	employment in the county. The Office of Tourism, Trade, and
353	Economic Development shall institute procedures to ensure that
354	small and minority businesses have equal access to funding
355	provided under this section. Funding for approved transportation
356	projects may include any expenses, other than administrative
357	costs and equipment purchases specified in the contract,
358	necessary for new, or improvement to existing, transportation
359	facilities. Funds made available pursuant to this section may
360	not be expended in connection with the relocation of a business
361	from one community to another community in this state unless the
362	Office of Tourism, Trade, and Economic Development determines
363	that without such relocation the business will move outside this
364	state or determines that the business has a compelling economic
365	rationale for the relocation which creates additional jobs.
366	Subject to appropriation for projects under this section, any
367	appropriation greater than $10 million shall be allocated to
368	each of the districts of the Department of Transportation to
369	ensure equitable geographical distribution. Such allocated funds
370	that remain uncommitted by the third quarter of the fiscal year
371	shall be reallocated among the districts based on pending
372	project requests.
373	Section 6.  Paragraph (b) of subsection (3) of section
374	311.07, Florida Statutes, is amended to read:
375	311.07  Florida seaport transportation and economic
376	development funding.--
377	(3)
378	(b)  Projects eligible for funding by grants under the
379	program are limited to the following port facilities or port
380	transportation projects:
381	1.  Transportation facilities within the jurisdiction of
382	the port.
383	2.  The dredging or deepening of channels, turning basins,
384	or harbors.
385	3.  The construction or rehabilitation of wharves, docks,
386	structures, jetties, piers, storage facilities, cruise
387	terminals, automated people mover systems, or any facilities
388	necessary or useful in connection with any of the foregoing.
389	4.  The acquisition of vessel tracking systems, container
390	cranes, or other mechanized equipment used in the movement of
391	cargo or passengers in international commerce.
392	5.  The acquisition of land to be used for port purposes.
393	6.  The acquisition, improvement, enlargement, or extension
394	of existing port facilities.
395	7.  Environmental protection projects which are necessary
396	because of requirements imposed by a state agency as a condition
397	of a permit or other form of state approval; which are necessary
398	for environmental mitigation required as a condition of a state,
399	federal, or local environmental permit; which are necessary for
400	the acquisition of spoil disposal sites and improvements to
401	existing and future spoil sites; or which result from the
402	funding of eligible projects listed in this paragraph.
403	8.  Transportation facilities as defined in s.
404	334.03(28)(31) which are not otherwise part of the Department of
405	Transportation's adopted work program.
406	9.  Seaport intermodal access projects identified in the 5-
407	year Florida Seaport Mission Plan as provided in s. 311.09(3).
408	10.  Construction or rehabilitation of port facilities as
409	defined in s. 315.02, excluding any park or recreational
410	facilities, in ports listed in s. 311.09(1) with operating
411	revenues of $5 million or less, provided that such projects
412	create economic development opportunities, capital improvements,
413	and positive financial returns to such ports.
414	Section 7.  Subsection (7) of section 311.09, Florida
415	Statutes, is amended to read:
416	311.09  Florida Seaport Transportation and Economic
417	Development Council.--
418	(7)  The Department of Transportation shall review the list
419	of projects approved by the council for consistency with the
420	Florida Transportation Plan and the department's adopted work
421	program. In evaluating the consistency of a project, the
422	department shall determine whether the transportation impact of
423	the proposed project is adequately handled by existing state-
424	owned transportation facilities or by the construction of
425	additional state-owned transportation facilities as identified
426	in the Florida Transportation Plan and the department's adopted
427	work program. In reviewing for consistency a transportation
428	facility project as defined in s. 334.03(28)(31) which is not
429	otherwise part of the department's work program, the department
430	shall evaluate whether the project is needed to provide for
431	projected movement of cargo or passengers from the port to a
432	state transportation facility or local road. If the project is
433	needed to provide for projected movement of cargo or passengers,
434	the project shall be approved for consistency as a consideration
435	to facilitate the economic development and growth of the state
436	in a timely manner. The Department of Transportation shall
437	identify those projects which are inconsistent with the Florida
438	Transportation Plan and the adopted work program and shall
439	notify the council of projects found to be inconsistent.
440	Section 8.  Section 316.2122, Florida Statutes, is amended
441	to read:
442	316.2122  Operation of a low-speed vehicle on certain
443	roadways.--The operation of a low-speed vehicle, as defined in
444	s. 320.01(42), on any road under the jurisdiction of a county or
445	municipality or on an urban minor arterial road under the
446	jurisdiction of the Department of Transportation as defined in
447	s. 334.03(15) or (33), is authorized with the following
448	restrictions:
449	(1)  A low-speed vehicle may be operated only on streets
450	where the posted speed limit is 35 miles per hour or less. This
451	does not prohibit a low-speed vehicle from crossing a road or
452	street at an intersection where the road or street has a posted
453	speed limit of more than 35 miles per hour.
454	(2)  A low-speed vehicle must be equipped with headlamps,
455	stop lamps, turn signal lamps, taillamps, reflex reflectors,
456	parking brakes, rearview mirrors, windshields, seat belts, and
457	vehicle identification numbers.
458	(3)  A low-speed vehicle must be registered and insured in
459	accordance with s. 320.02.
460	(4)  Any person operating a low-speed vehicle must have in
461	his or her possession a valid driver's license.
462	(5)  A county or municipality may prohibit the operation of
463	low-speed vehicles on any road under its jurisdiction if the
464	governing body of the county or municipality determines that
465	such prohibition is necessary in the interest of safety.
466	(6)  The Department of Transportation may prohibit the
467	operation of low-speed vehicles on any road under its
468	jurisdiction if it determines that such prohibition is necessary
469	in the interest of safety.
470	Section 9.  Paragraph (c) of subsection (5) of section
471	316.515, Florida Statutes, is amended to read:
472	316.515  Maximum width, height, length.--
473	(5)  IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
474	AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
475	REQUIREMENTS.--
476	(c)  The width and height limitations of this section do
477	not apply to farming or agricultural equipment, whether self-
478	propelled, pulled, or hauled, when temporarily operated during
479	daylight hours upon a public road that is not a limited access
480	facility as defined in s. 334.03(11)(13), and the width and
481	height limitations may be exceeded by such equipment without a
482	permit. To be eligible for this exemption, the equipment shall
483	be operated within a radius of 50 miles of the real property
484	owned, rented, or leased by the equipment owner. However,
485	equipment being delivered by a dealer to a purchaser is not
486	subject to the 50-mile limitation. Farming or agricultural
487	equipment greater than 174 inches in width must have one warning
488	lamp mounted on each side of the equipment to denote the width
489	and must have a slow-moving vehicle sign. Warning lamps required
490	by this paragraph must be visible from the front and rear of the
491	vehicle and must be visible from a distance of at least 1,000
492	feet.
493	Section 10.  Paragraph (b) of subsection (7) of section
494	332.14, Florida Statutes, is amended to read:
495	332.14  Secure Airports for Florida's Economy Council.--
496	(7)  The SAFE council may utilize, as appropriate and with
497	legislative spending authorization, any federal, state, and
498	local government contributions as well as private donations to
499	fund SAFE Master Plan projects.
500	(b)  The council shall review and approve or disapprove
501	each project eligible to be funded pursuant to this act. The
502	council shall annually submit a list of projects which have been
503	approved by the council to the Secretary of Transportation, the
504	Secretary of Community Affairs, the executive director of the
505	Department of Law Enforcement, and the director of the Office of
506	Tourism, Trade, and Economic Development. The list shall specify
507	the recommended funding level for each project, and, if staged
508	implementation of the project is appropriate, the funding
509	requirements for each stage shall be specified.
510	1.  The Department of Community Affairs shall review the
511	list of projects approved by the council to determine
512	consistency with approved local government comprehensive plans
513	of the units of local government in which the airport is located
514	and consistency with the airport master plan. The Department of
515	Community Affairs shall identify and notify the council of those
516	projects which are not consistent, to the maximum extent
517	feasible, with such comprehensive plans and airport master
518	plans.
519	2.  The Department of Transportation shall review the list
520	of projects approved by the council for consistency with the
521	Florida Transportation Plan and the department's adopted work
522	program. In evaluating the consistency of a project, the
523	department shall determine whether the transportation impact of
524	the proposed project is adequately handled by existing state-
525	owned transportation facilities or by the construction of
526	additional state-owned transportation facilities as identified
527	in the Florida Transportation Plan and the department's adopted
528	work program. In reviewing for consistency a transportation
529	facility project as defined in s. 334.03(28)(31) which is not
530	otherwise part of the department's work program, the department
531	shall evaluate whether the project is needed to provide for
532	projected movement of cargo or passengers from the airport to a
533	state transportation facility or local road. If the project is
534	needed to provide for projected movement of cargo or passengers,
535	the project shall be approved for consistency as a consideration
536	to facilitate the economic development and growth of the state
537	in a timely manner. The department shall identify those projects
538	which are inconsistent with the Florida Transportation Plan and
539	the adopted work program and shall notify the council of
540	projects found to be inconsistent.
541	3.  The Office of Tourism, Trade, and Economic Development,
542	in consultation with Enterprise Florida, Inc., shall review the
543	list of projects approved by the council to evaluate the
544	economic benefit of the project and to determine whether the
545	project is consistent with the SAFE Master Plan. The Office of
546	Tourism, Trade, and Economic Development shall review the
547	economic benefits of each project based upon the rules adopted
548	pursuant to paragraph (a). The Office of Tourism, Trade, and
549	Economic Development shall identify those projects which it has
550	determined do not offer an economic benefit to the state or are
551	not consistent with the SAFE Master Plan and shall notify the
552	council of its findings.
553	4.  The Department of Law Enforcement shall review the list
554	of projects approved by the council for consistency with
555	domestic security provisions of ss. 943.03101, 943.0311, and
556	943.0312. The Department of Law Enforcement shall identify those
557	projects that it has determined are inconsistent with the
558	state's strategic plan for domestic security and shall notify
559	the council of its findings.
560	Section 11.  Section 336.01, Florida Statutes, is amended
561	to read:
562	336.01  Designation of county road system.--The county road
563	system shall be as defined in s. 334.03(6)(8).
564	Section 12.  Subsection (2) of section 338.222, Florida
565	Statutes, is amended to read:
566	338.222  Department of Transportation sole governmental
567	entity to acquire, construct, or operate turnpike projects;
568	exception.--
569	(2)  The department may contract with any local
570	governmental entity as defined in s. 334.03(12)(14) for the
571	design, right-of-way acquisition, or construction of any
572	turnpike project which the Legislature has approved. Local
573	governmental entities may negotiate with the department for the
574	design, right-of-way acquisition, and construction of any
575	section of the turnpike project within areas of their respective
576	jurisdictions or within counties with which they have interlocal
577	agreements.
578	Section 13.  Paragraph (a) of subsection (2) of section
579	403.7211, Florida Statutes, is amended to read:
580	403.7211  Hazardous waste facilities managing hazardous
581	wastes generated offsite; federal facilities managing hazardous
582	waste.--
583	(2)  The department shall not issue any permit under s.
584	403.722 for the construction, initial operation, or substantial
585	modification of a facility for the disposal, storage, or
586	treatment of hazardous waste generated offsite which is proposed
587	to be located in any of the following locations:
588	(a)  Any area where life-threatening concentrations of
589	hazardous substances could accumulate at any residence or
590	residential subdivision as the result of a catastrophic event at
591	the proposed facility, unless each such residence or residential
592	subdivision is served by at least one arterial road or urban
593	minor arterial road that, as defined in s. 334.03, which
594	provides safe and direct egress by land to an area where such
595	life-threatening concentrations of hazardous substances could
596	not accumulate in a catastrophic event. Egress by any road
597	leading from any residence or residential subdivision to any
598	point located within 1,000 yards of the proposed facility is
599	unsafe for the purposes of this paragraph. In determining
600	whether egress proposed by the applicant is safe and direct, the
601	department shall also consider, at a minimum, the following
602	factors:
603	1.  Natural barriers such as water bodies, and whether any
604	road in the proposed evacuation route is impaired by a natural
605	barrier such as a water body;
606	2.  Potential exposure during egress and potential
607	increases in the duration of exposure;
608	3.  Whether any road in a proposed evacuation route passes
609	in close proximity to the facility; and
610	4.  Whether any portion of the evacuation route is
611	inherently directed toward the facility.
612
613	For the purposes of this subsection, all distances shall be
614	measured from the outer limit of the active hazardous waste
615	management area. "Substantial modification" includes: any
616	physical change in, change in the operations of, or addition to
617	a facility which could increase the potential offsite impact, or
618	risk of impact, from a release at that facility; and any change
619	in permit conditions which is reasonably expected to lead to
620	greater potential impacts or risks of impacts, from a release at
621	that facility. "Substantial modification" does not include a
622	change in operations, structures, or permit conditions which
623	does not substantially increase either the potential impact
624	from, or the risk of, a release. Physical or operational changes
625	to a facility related solely to the management of nonhazardous
626	waste at the facility shall not be considered a substantial
627	modification. The department shall, by rule, adopt criteria to
628	determine whether a facility has been substantially modified.
629	"Initial operation" means the initial commencement of operations
630	at the facility.
631	Section 14.  Subsection (24) of section 479.01, Florida
632	Statutes, is amended to read:
633	479.01  Definitions.--As used in this chapter, the term:
634	(24)  "Urban area" has the same meaning as defined in s.
635	334.03(29)(32).
636	Section 15.  This act shall take effect July 1, 2009.

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