Amendment
Bill No. HB 5013
Amendment No. 063495
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 5013 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (26) of section 334.044, Florida
6Statutes, is amended to read:
7     334.044  Department; powers and duties.--The department
8shall have the following general powers and duties:
9     (26)  To provide for the enhancement of environmental
10benefits, including air and water quality; to prevent roadside
11erosion; to conserve the conservation of natural roadside growth
12and scenery; and to provide for the implementation and
13maintenance of roadside conservation, enhancement,
14stabilization, and beautification programs., and No less than
151.5 percent of the amount contracted for construction projects
16shall be allocated by the department for the purchase of plant
17materials, with, to beautification programs. Except where
18prohibited by federal law or federal regulation and to the
19greatest extent practical, a minimum of 50 percent of these
20funds for shall be used to purchase large plant materials and
21with the remaining funds for other plant materials. All such
22plant materials shall be purchased from Florida commercial
23nursery Florida-based nurseryman stock in this state on a
24uniform competitive bid basis. The department will develop
25grades and standards for landscaping materials purchased through
26this process. To accomplish these activities, the department may
27contract with nonprofit organizations having the primary purpose
28of developing youth employment opportunities.
29     Section 2.  In order to implement Specific Appropriations
301986 through 2095 of the 2009-2010 General Appropriations Act,
31section 337.025, Florida Statutes, is amended to read:
32     337.025  Innovative highway projects; department to
33establish program.--
34     (1)  The department is authorized to establish a program
35for highway projects demonstrating innovative techniques of
36highway construction, maintenance, and finance which have the
37intended effect of controlling time and cost increases on
38construction projects. Such techniques may include, but are not
39limited to, state-of-the-art technology for pavement, safety,
40and other aspects of highway construction and maintenance;
41innovative bidding and financing techniques; accelerated
42construction procedures; and those techniques that have the
43potential to reduce project life cycle costs. To the maximum
44extent practical, the department must use the existing process
45to award and administer construction and maintenance contracts.
46When specific innovative techniques are to be used, the
47department is not required to adhere to those provisions of law
48that would prevent, preclude, or in any way prohibit the
49department from using the innovative technique. However, prior
50to using an innovative technique that is inconsistent with
51another provision of law, the department must document in
52writing the need for the exception and identify what benefits
53the traveling public and the affected community are anticipated
54to receive. The department may enter into no more than $120
55million in contracts annually for the purposes authorized by
56this section.
57     (2)  However, The annual cap on contracts provided in
58subsection (1) this section shall not apply to:
59     (a)  Turnpike enterprise projects, and nor shall turnpike
60enterprise projects shall not be counted toward the department's
61annual cap.
62     (b)  Transportation projects funded by the American
63Recovery and Reinvestment Act of 2009.
64     Section 3.  Subsection (2) of section 337.0261, Florida
65Statutes, is amended to read:
66     337.0261  Construction aggregate materials.--
67     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
68is a strategic and critical need for an available supply of
69construction aggregate materials within the state and that a
70disruption of the supply would cause a significant detriment to
71the state's construction industry, transportation system, and
72overall health, safety, and welfare. In addition, the
73Legislature recognizes that construction aggregate materials
74mining is an industry of critical importance to the state and
75that the mining of construction aggregate materials is in the
76public interest.
77     Section 4.  Subsections (1) and (4) of section 339.2818,
78Florida Statutes, are amended to read:
79     339.2818  Small County Outreach Program.--
80     (1)  There is created within the Department of
81Transportation the Small County Outreach Program. The purpose of
82this program is to assist small county governments in repairing
83or rehabilitating county bridges, paving unpaved roads,
84addressing road-related drainage improvements, resurfacing or
85reconstructing county roads, or in constructing capacity or
86safety improvements to county roads.
87     (4)(a)  Small counties shall be eligible to compete for
88funds that have been designated for the Small County Outreach
89Program for projects on county roads. The department shall fund
9075 percent of the cost of projects on county roads funded under
91the program.
92     (b)  In determining a county's eligibility for assistance
93under this program, the department may consider whether the
94county has attempted to keep county roads in satisfactory
95condition, which may be evidenced through an established
96pavement management plan.
97     (c)  The following criteria shall be used to prioritize
98road projects for funding under the program:
99     1.  The primary criterion is the physical condition of the
100road as measured by the department.
101     2.  As secondary criteria the department may consider:
102     a.  Whether a road is used as an evacuation route.
103     b.  Whether a road has high levels of agricultural travel.
104     c.  Whether a road is considered a major arterial route.
105     d.  Whether a road is considered a feeder road.
106     e.  Information as evidenced to the department through an
107established pavement management plan.
108     f.e.  Other criteria related to the impact of a project on
109the public road system or on the state or local economy as
110determined by the department.
111     Section 5.  Subsections (1), (3), (4), and (5) of section
112479.261, Florida Statutes, are amended to read:
113     479.261  Logo sign program.--
114     (1)  The department shall establish a logo sign program for
115the rights-of-way of the interstate highway system to provide
116information to motorists about available gas, food, lodging, and
117camping, attractions, and other services, as approved by the
118Federal Highway Administration, at interchanges, through the use
119of business logos, and may include additional interchanges under
120the program. A logo sign for nearby attractions may be added to
121this program if allowed by federal rules.
122     (a)  As used in this chapter, the term An "attraction"
123means as used in this chapter is defined as an establishment,
124site, facility, or landmark that which is open a minimum of 5
125days a week for 52 weeks a year; that which charges an admission
126for entry; which has as its principal focus family-oriented
127entertainment, cultural, educational, recreational, scientific,
128or historical activities; and that which is publicly recognized
129as a bona fide tourist attraction. However, the permits for
130businesses seeking to participate in the attractions logo sign
131program shall be awarded by the department annually to the
132highest bidders, notwithstanding the limitation on fees in
133subsection (5), which are qualified for available space at each
134qualified location, but the fees therefor may not be less than
135the fees established for logo participants in other logo
136categories.
137     (b)  The department shall incorporate the use of RV-
138friendly markers on specific information logo signs for
139establishments that cater to the needs of persons driving
140recreational vehicles. Establishments that qualify for
141participation in the specific information logo program and that
142also qualify as "RV-friendly" may request the RV-friendly marker
143on their specific information logo sign. An RV-friendly marker
144must consist of a design approved by the Federal Highway
145Administration. The department shall adopt rules in accordance
146with chapter 120 to administer this paragraph, including rules
147setting forth the minimum requirements that establishments must
148meet in order to qualify as RV-friendly. These requirements
149shall include large parking spaces, entrances, and exits that
150can easily accommodate recreational vehicles and facilities
151having appropriate overhead clearances, if applicable.
152     (c)  The department may implement a 3-year, rotation-based
153logo program providing for the removal and addition of
154participating businesses in the program.
155     (3)  Logo signs may be installed upon the issuance of an
156annual permit by the department or its agent and payment of a an
157application and permit fee to the department or its agent.
158     (4)  The department may contract pursuant to s. 287.057 for
159the provision of services related to the logo sign program,
160including recruitment and qualification of businesses, review of
161applications, permit issuance, and fabrication, installation,
162and maintenance of logo signs. The department may reject all
163proposals and seek another request for proposals or otherwise
164perform the work. If the department contracts for the provision
165of services for the logo sign program, the contract must
166require, unless the business owner declines, that businesses
167that previously entered into agreements with the department to
168privately fund logo sign construction and installation be
169reimbursed by the contractor for the cost of the signs which has
170not been recovered through a previously agreed upon waiver of
171fees. The contract also may allow the contractor to retain a
172portion of the annual fees as compensation for its services.
173     (5)  At a minimum, permit fees for businesses that
174participate in the program must be established in an amount
175sufficient to offset the total cost to the department for the
176program, including contract costs. The department shall provide
177the services in the most efficient and cost-effective manner
178through department staff or by contracting for some or all of
179the services. The department shall adopt rules that set
180reasonable rates based upon factors such as population, traffic
181volume, market demand, and costs for annual permit fees.
182However, annual permit fees for sign locations inside an urban
183area, as defined in s. 334.03(32), may not exceed $5,000 and
184annual permit fees for sign locations outside an urban area, as
185defined in s. 334.03(32), may not exceed $2,500. After
186recovering program costs, the proceeds from the annual permit
187fees shall be deposited into the State Transportation Trust Fund
188and used for transportation purposes. Such annual permit fee
189shall not exceed $1,250.
190     Section 6.  Subsections (7) and (8) of section 348.54,
191Florida Statutes, are amended to read:
192     348.54  Powers of the authority.--Except as otherwise
193limited herein, the authority shall have the power:
194     (7)  To borrow money and to make and issue negotiable
195bonds, notes, refunding bonds, and other evidences of
196indebtedness or obligations, either in temporary or definitive
197form, hereinafter in this chapter referred to as "bonds of the
198authority," for the purpose of financing all or part of the
199improvement or extension of the expressway system and
200appurtenant facilities, including all approaches, streets,
201roads, bridges, and avenues of access for the expressway system,
202and for any other purpose authorized by this part, and to
203provide for the rights of the holders thereof.
204     (8)  To secure the payment of bonds by a pledge of all or
205any portion of the revenues or such other moneys legally
206available therefor and of all or any portion of the Hillsborough
207County gasoline tax funds in the manner provided by this part;
208and in general to provide for the security of the bonds and the
209rights and remedies of the holders thereof. Interest upon the
210amount of gasoline tax funds to be repaid to the county pursuant
211to s. 348.60 shall be payable, at the highest rate applicable to
212any outstanding bonds of the authority, out of revenues and
213other available moneys not required to meet the authority's
214obligations to its bondholders. The authority shall have no
215power at any time or in any manner to pledge the credit or
216taxing power of the state or any political subdivision or agency
217thereof, including the city and the county, nor shall any of the
218authority's obligations be deemed to be obligations of the state
219or of any political subdivision or agency thereof, nor shall the
220state or any political subdivision or agency thereof, except the
221authority, be liable for the payment of the principal of or
222interest on such obligations.
223     Section 7.  (1)  The Department of Community Affairs, in
224consultation with the Department of Transportation, shall
225implement an Energy Economic Zone Pilot Program for the purpose
226of developing a model to help communities cultivate green
227economic development, encourage renewable electric energy
228generation, manufacture products that contribute to energy
229conservation and green jobs, and further implement chapter 2008-
230191, Laws of Florida, relative to discouraging sprawl and
231developing energy-efficient land use patterns and greenhouse gas
232reduction strategies. The Office of Tourism, Trade, and Economic
233Development and the Florida Energy and Climate Commission shall
234provide technical assistance to the departments in developing
235and administering the program.
236     (2)(a)  The application for a pilot project shall:
237     1.  Identify the proposed location of the energy economic
238zone, which must be within an adopted urban service area and may
239include a county landfill outside the urban service boundary;
240     2.  Present a proposed strategic plan for development and
241redevelopment in the energy economic zone;
242     3.  Demonstrate consistency of the strategic plan with the
243local comprehensive plan or include proposed plan amendments
244necessary to achieve consistency; and
245     4.  Identify comprehensive plan amendments that will be
246proposed to implement chapter 2008-191, Laws of Florida.
247     (b)  The strategic plan under subparagraph (a)1. must
248include mixed-use and form-based standards that integrate
249multimodal transportation facilities with land use and
250development patterns to reduce reliance on automobiles,
251encourage certified green building developments and renewable
252energy systems, encourage creation of green jobs, and
253demonstrate how local financial and regulatory incentives will
254be used in the energy economic zone.
255     (c)  The Department of Community Affairs shall grant at
256least one application if the application meets the requirements
257of this subsection and the community has demonstrated a prior
258commitment to energy conservation, carbon reduction, green
259building, and economic development. The Department of Community
260Affairs and the Office of Tourism, Trade, and Economic
261Development shall provide the pilot community, including
262businesses within the energy economic zone, with technical
263assistance in identifying and qualifying for eligible grants and
264credits in job creation, energy, and other areas.
265     (3)  The Department of Community Affairs, with the
266assistance of the Office of Tourism, Trade, and Economic
267Development, shall submit an interim report by February 15,
2682010, to the Governor, the President of the Senate, and the
269Speaker of the House of Representatives regarding the status of
270the pilot program. The report shall contain any recommendations
271deemed appropriate by the department for statutory changes to
272accomplish the goals of the pilot program community, including
273whether it would be beneficial to provide financial incentives
274similar to those offered to an enterprise zone.
275     (4)  If the pilot project is ongoing, the Department of
276Community Affairs, with the assistance of the Office of Tourism,
277Trade, and Economic Development, shall submit a report to the
278Governor, the President of the Senate, and the Speaker of the
279House of Representatives by February 15, 2012, evaluating
280whether the pilot program has demonstrated success. The report
281shall contain recommendations with regard to whether the program
282should be expanded for use by other local governments and
283whether state policies should be revised to encourage the goals
284of the program.
285     Section 8.  (1)  The Northwest Florida Regional
286Transportation Planning Organization, an interlocal agency under
287part I of chapter 163, Florida Statutes, is authorized to study
288the feasibility of advance-funding the costs of capacity
289projects in its member counties and making recommendations to
290the Legislature by February 1, 2010. The Department of
291Transportation may assist the organization in conducting the
292study.
293     (2)  Results of any study authorized by this section shall
294be provided to the Governor, the President of the Senate, the
295Speaker of the House of Representatives, the department, any
296metropolitan planning organization in any county served by the
297organization, and the counties served by the organization and
298shall discuss the financial feasibility of advance-funding the
299costs of capacity projects in the Northwest Florida Regional
300Transportation Planning Organization's member counties. The
301study must be based on the following assumptions:
302     (a)  Any advanced projects must be consistent with the
303Northwest Florida Regional Transportation Planning
304Organization's 5-year plan and the department's work program.
305     (b)  Any bonds shall have a maturity not to exceed 30
306years.
307     (c)  A maximum of 25 percent of the department's capacity
308funds allocated annually to the counties served by the Northwest
309Florida Regional Transportation Planning Organization may be
310used to pay debt service on the bonds.
311     (d)  Bond proceeds may only be used for the following
312components of a construction project on a state road: planning,
313engineering, design, right-of-way acquisition, and construction.
314     (e)  The cost of the projects must be balanced with the
315proceeds available from the bonds.
316     (f)  The department shall have final approval of the
317projects financed through the sale of bonds.
318     (3)  The study shall contain:
319     (a)  An analysis of the financial feasibility of advancing
320capacity projects in the Northwest Florida Regional
321Transportation Planning Organization's member counties.
322     (b)  A long-range, cost-feasible finance plan that
323identifies the project cost, revenues by source, financing,
324major assumptions, and a total cash flow analysis beginning with
325implementation of the project and extending through final
326completion of the project.
327     (c)  A tentative list of capacity projects and the priority
328in which they would be advanced. These projects must be
329consistent with the criteria in s. 339.135(2)(b), Florida
330Statutes.
331     (d)  A 5-year work program of the projects to be advanced.
332This program must be consistent with chapter 339, Florida
333Statutes.
334     (e)  A report of any statutory changes, including a draft
335bill, needed to give the Northwest Florida Regional
336Transportation Planning Organization the ability to advance
337construction projects. The draft bill language shall address, at
338a minimum:
339     1.  Developing a list of road projects to be advanced,
340consistent with the organization's 5-year plan.
341     2.  Giving the department the authority to review projects
342to determine consistency with its current work program.
343     3.  Giving the organization the authority to issue bonds
344with a maturity of not greater than 30 years.
345     4.  Requiring proceeds of the bonds to be delivered to the
346department to pay the cost of completing the projects.
347     5.  Requiring the road projects to be consistent with the
348organization's 5-year plan.
349     6.  Permitting any participating county to elect to
350undertake responsibility for the payment of a portion of the
351cost of any project in the county pursuant to an agreement with
352the organization and the department.
353     7.  Providing that, in each year that the bonds are
354outstanding, no more than 25 percent of the state transportation
355funds appropriated for capacity projects advanced pursuant to
356the terms of this section and within the area of operation of
357the organization shall be paid over to the organization for the
358purpose of paying debt service on bonds the organization issued
359for such capacity projects. Such payments shall be made in lieu
360of programming any new projects in the work program.
361     8.  Providing that, in the event that the capacity funds
362allocated to the member counties of the organization are less
363than the amount needed to satisfy the payment requirements under
364the contract, the department shall defer the funded capacity on
365any other projects in the member counties of the organization to
366the extent necessary to make up such deficiency, so as to enable
367the organization to make the required debt service payments on
368the bonds or to replenish the reserves established for the bonds
369which may have been used to make up such deficiency. Under no
370circumstances shall the department provide any funds for these
371capacity projects in excess of the amount that would be
372allocated to the member counties pursuant to statutory formula
373and legislative appropriation.
374     9.  Providing that the bonds shall state on their face that
375they do not constitute a pledge of the full faith or taxing
376power of the state, and no holder of any bond shall have the
377right to compel payment of the bonds from any funds of the
378state, other than amounts required to be paid to the
379organization under the contract. The bonds shall be limited and
380special obligations payable solely from the sources described
381herein.
382     10.  Establishing such other terms and provisions as may be
383deemed reasonable and necessary to enable the organization to
384market the bonds at the most advantageous rates possible.
385     (4)  The Legislature may authorize the implementation of
386the Northwest Florida Regional Transportation Planning
387Organization's study after a satisfactory showing that these
388prerequisites have been met and that any source of funding for
389any bonds to be issued has been approved by the Department of
390Transportation.
391     Section 9.  This act shall take effect upon becoming a law.
392
393
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395
T I T L E  A M E N D M E N T
396     Remove the entire title and insert:
397
A bill to be entitled
398An act relating to transportation; amending s. 334.044,
399F.S.; revising the powers and duties of the Department of
400Transportation to provide for certain environmental
401conditions; amending s. 337.025, F.S.; exempting
402transportation projects funded by the American Recovery
403and Reinvestment Act of 2009 from specified caps on annual
404contract amounts; amending s. 337.0261, F.S.; recognizing
405that construction aggregate materials mining is an
406industry of critical importance and that the mining of
407construction aggregate materials is in the public
408interest; amending s. 339.2818, F.S., relating to the
409Small County Outreach Program; revising the purpose of the
410program to include certain program purposes; revising
411eligibility and prioritization criteria; amending s.
412479.261, F.S.; revising requirements for the logo sign
413program of the interstate highway system; revising the
414definition of the term "attraction"; removing provisions
415for permits to be awarded to the highest bidders;
416authorizing the department to implement a rotation-based
417logo program; revising contract provisions for related
418services; requiring the department to adopt rules that set
419reasonable rates based on certain factors for annual
420permit fees; requiring that such fees not exceed a certain
421amount for certain sign locations; providing for
422distribution and use of proceeds from such fees; amending
423s. 348.54, F.S.; authorizing the Tampa-Hillsborough County
424Expressway Authority to make and issue certain bonds and
425other evidences of indebtedness and obligations;
426specifying liability for the payment of the principal of
427or interest on such obligations; requiring the Department
428of Community Affairs, in consultation with the Department
429of Transportation, to implement the Energy Economic Zone
430Pilot Program for specified purposes; requiring that the
431Office of Tourism, Trade, and Economic Development and the
432Florida Energy and Climate Commission provide technical
433assistance; specifying intended goals of the program;
434providing an application process for a pilot project;
435requiring that the Department of Community Affairs and the
436Office of Tourism, Trade, and Economic Development provide
437the pilot community with certain assistance; requiring the
438Department of Community Affairs to submit reports to the
439Governor and the Legislature; authorizing the Northwest
440Florida Regional Transportation Planning Organization to
441conduct a study on advancing funds for certain
442construction projects; authorizing the Department of
443Transportation to assist with the study; requiring results
444of the study to be provided to the Governor, the
445Legislature, and certain entities; providing principles
446for the study; providing for content of the study;
447providing for legislative authorization prior to
448implementation of the study; providing an effective date.


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