1 | The Conference Committee on HB 5013 offered the following: |
2 |
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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 |
6 | Statutes, is amended to read: |
7 | 334.044 Department; powers and duties.--The department |
8 | shall have the following general powers and duties: |
9 | (26) To provide for the enhancement of environmental |
10 | benefits, including air and water quality; to prevent roadside |
11 | erosion; to conserve the conservation of natural roadside growth |
12 | and scenery; and to provide for the implementation and |
13 | maintenance of roadside conservation, enhancement, |
14 | stabilization, and beautification programs., and No less than |
15 | 1.5 percent of the amount contracted for construction projects |
16 | shall be allocated by the department for the purchase of plant |
17 | materials, with, to beautification programs. Except where |
18 | prohibited by federal law or federal regulation and to the |
19 | greatest extent practical, a minimum of 50 percent of these |
20 | funds for shall be used to purchase large plant materials and |
21 | with the remaining funds for other plant materials. All such |
22 | plant materials shall be purchased from Florida commercial |
23 | nursery Florida-based nurseryman stock in this state on a |
24 | uniform competitive bid basis. The department will develop |
25 | grades and standards for landscaping materials purchased through |
26 | this process. To accomplish these activities, the department may |
27 | contract with nonprofit organizations having the primary purpose |
28 | of developing youth employment opportunities. |
29 | Section 2. In order to implement Specific Appropriations |
30 | 1986 through 2095 of the 2009-2010 General Appropriations Act, |
31 | section 337.025, Florida Statutes, is amended to read: |
32 | 337.025 Innovative highway projects; department to |
33 | establish program.-- |
34 | (1) The department is authorized to establish a program |
35 | for highway projects demonstrating innovative techniques of |
36 | highway construction, maintenance, and finance which have the |
37 | intended effect of controlling time and cost increases on |
38 | construction projects. Such techniques may include, but are not |
39 | limited to, state-of-the-art technology for pavement, safety, |
40 | and other aspects of highway construction and maintenance; |
41 | innovative bidding and financing techniques; accelerated |
42 | construction procedures; and those techniques that have the |
43 | potential to reduce project life cycle costs. To the maximum |
44 | extent practical, the department must use the existing process |
45 | to award and administer construction and maintenance contracts. |
46 | When specific innovative techniques are to be used, the |
47 | department is not required to adhere to those provisions of law |
48 | that would prevent, preclude, or in any way prohibit the |
49 | department from using the innovative technique. However, prior |
50 | to using an innovative technique that is inconsistent with |
51 | another provision of law, the department must document in |
52 | writing the need for the exception and identify what benefits |
53 | the traveling public and the affected community are anticipated |
54 | to receive. The department may enter into no more than $120 |
55 | million in contracts annually for the purposes authorized by |
56 | this section. |
57 | (2) However, The annual cap on contracts provided in |
58 | subsection (1) this section shall not apply to: |
59 | (a) Turnpike enterprise projects, and nor shall turnpike |
60 | enterprise projects shall not be counted toward the department's |
61 | annual cap. |
62 | (b) Transportation projects funded by the American |
63 | Recovery and Reinvestment Act of 2009. |
64 | Section 3. Subsection (2) of section 337.0261, Florida |
65 | Statutes, is amended to read: |
66 | 337.0261 Construction aggregate materials.-- |
67 | (2) LEGISLATIVE INTENT.--The Legislature finds that there |
68 | is a strategic and critical need for an available supply of |
69 | construction aggregate materials within the state and that a |
70 | disruption of the supply would cause a significant detriment to |
71 | the state's construction industry, transportation system, and |
72 | overall health, safety, and welfare. In addition, the |
73 | Legislature recognizes that construction aggregate materials |
74 | mining is an industry of critical importance to the state and |
75 | that the mining of construction aggregate materials is in the |
76 | public interest. |
77 | Section 4. Subsections (1) and (4) of section 339.2818, |
78 | Florida Statutes, are amended to read: |
79 | 339.2818 Small County Outreach Program.-- |
80 | (1) There is created within the Department of |
81 | Transportation the Small County Outreach Program. The purpose of |
82 | this program is to assist small county governments in repairing |
83 | or rehabilitating county bridges, paving unpaved roads, |
84 | addressing road-related drainage improvements, resurfacing or |
85 | reconstructing county roads, or in constructing capacity or |
86 | safety improvements to county roads. |
87 | (4)(a) Small counties shall be eligible to compete for |
88 | funds that have been designated for the Small County Outreach |
89 | Program for projects on county roads. The department shall fund |
90 | 75 percent of the cost of projects on county roads funded under |
91 | the program. |
92 | (b) In determining a county's eligibility for assistance |
93 | under this program, the department may consider whether the |
94 | county has attempted to keep county roads in satisfactory |
95 | condition, which may be evidenced through an established |
96 | pavement management plan. |
97 | (c) The following criteria shall be used to prioritize |
98 | road projects for funding under the program: |
99 | 1. The primary criterion is the physical condition of the |
100 | road 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 |
107 | established pavement management plan. |
108 | f.e. Other criteria related to the impact of a project on |
109 | the public road system or on the state or local economy as |
110 | determined by the department. |
111 | Section 5. Subsections (1), (3), (4), and (5) of section |
112 | 479.261, Florida Statutes, are amended to read: |
113 | 479.261 Logo sign program.-- |
114 | (1) The department shall establish a logo sign program for |
115 | the rights-of-way of the interstate highway system to provide |
116 | information to motorists about available gas, food, lodging, and |
117 | camping, attractions, and other services, as approved by the |
118 | Federal Highway Administration, at interchanges, through the use |
119 | of business logos, and may include additional interchanges under |
120 | the program. A logo sign for nearby attractions may be added to |
121 | this program if allowed by federal rules. |
122 | (a) As used in this chapter, the term An "attraction" |
123 | means as used in this chapter is defined as an establishment, |
124 | site, facility, or landmark that which is open a minimum of 5 |
125 | days a week for 52 weeks a year; that which charges an admission |
126 | for entry; which has as its principal focus family-oriented |
127 | entertainment, cultural, educational, recreational, scientific, |
128 | or historical activities; and that which is publicly recognized |
129 | as a bona fide tourist attraction. However, the permits for |
130 | businesses seeking to participate in the attractions logo sign |
131 | program shall be awarded by the department annually to the |
132 | highest bidders, notwithstanding the limitation on fees in |
133 | subsection (5), which are qualified for available space at each |
134 | qualified location, but the fees therefor may not be less than |
135 | the fees established for logo participants in other logo |
136 | categories. |
137 | (b) The department shall incorporate the use of RV- |
138 | friendly markers on specific information logo signs for |
139 | establishments that cater to the needs of persons driving |
140 | recreational vehicles. Establishments that qualify for |
141 | participation in the specific information logo program and that |
142 | also qualify as "RV-friendly" may request the RV-friendly marker |
143 | on their specific information logo sign. An RV-friendly marker |
144 | must consist of a design approved by the Federal Highway |
145 | Administration. The department shall adopt rules in accordance |
146 | with chapter 120 to administer this paragraph, including rules |
147 | setting forth the minimum requirements that establishments must |
148 | meet in order to qualify as RV-friendly. These requirements |
149 | shall include large parking spaces, entrances, and exits that |
150 | can easily accommodate recreational vehicles and facilities |
151 | having appropriate overhead clearances, if applicable. |
152 | (c) The department may implement a 3-year, rotation-based |
153 | logo program providing for the removal and addition of |
154 | participating businesses in the program. |
155 | (3) Logo signs may be installed upon the issuance of an |
156 | annual permit by the department or its agent and payment of a an |
157 | application and permit fee to the department or its agent. |
158 | (4) The department may contract pursuant to s. 287.057 for |
159 | the provision of services related to the logo sign program, |
160 | including recruitment and qualification of businesses, review of |
161 | applications, permit issuance, and fabrication, installation, |
162 | and maintenance of logo signs. The department may reject all |
163 | proposals and seek another request for proposals or otherwise |
164 | perform the work. If the department contracts for the provision |
165 | of services for the logo sign program, the contract must |
166 | require, unless the business owner declines, that businesses |
167 | that previously entered into agreements with the department to |
168 | privately fund logo sign construction and installation be |
169 | reimbursed by the contractor for the cost of the signs which has |
170 | not been recovered through a previously agreed upon waiver of |
171 | fees. The contract also may allow the contractor to retain a |
172 | portion of the annual fees as compensation for its services. |
173 | (5) At a minimum, permit fees for businesses that |
174 | participate in the program must be established in an amount |
175 | sufficient to offset the total cost to the department for the |
176 | program, including contract costs. The department shall provide |
177 | the services in the most efficient and cost-effective manner |
178 | through department staff or by contracting for some or all of |
179 | the services. The department shall adopt rules that set |
180 | reasonable rates based upon factors such as population, traffic |
181 | volume, market demand, and costs for annual permit fees. |
182 | However, annual permit fees for sign locations inside an urban |
183 | area, as defined in s. 334.03(32), may not exceed $5,000 and |
184 | annual permit fees for sign locations outside an urban area, as |
185 | defined in s. 334.03(32), may not exceed $2,500. After |
186 | recovering program costs, the proceeds from the annual permit |
187 | fees shall be deposited into the State Transportation Trust Fund |
188 | and used for transportation purposes. Such annual permit fee |
189 | shall not exceed $1,250. |
190 | Section 6. Subsections (7) and (8) of section 348.54, |
191 | Florida Statutes, are amended to read: |
192 | 348.54 Powers of the authority.--Except as otherwise |
193 | limited herein, the authority shall have the power: |
194 | (7) To borrow money and to make and issue negotiable |
195 | bonds, notes, refunding bonds, and other evidences of |
196 | indebtedness or obligations, either in temporary or definitive |
197 | form, hereinafter in this chapter referred to as "bonds of the |
198 | authority," for the purpose of financing all or part of the |
199 | improvement or extension of the expressway system and |
200 | appurtenant facilities, including all approaches, streets, |
201 | roads, bridges, and avenues of access for the expressway system, |
202 | and for any other purpose authorized by this part, and to |
203 | provide for the rights of the holders thereof. |
204 | (8) To secure the payment of bonds by a pledge of all or |
205 | any portion of the revenues or such other moneys legally |
206 | available therefor and of all or any portion of the Hillsborough |
207 | County gasoline tax funds in the manner provided by this part; |
208 | and in general to provide for the security of the bonds and the |
209 | rights and remedies of the holders thereof. Interest upon the |
210 | amount of gasoline tax funds to be repaid to the county pursuant |
211 | to s. 348.60 shall be payable, at the highest rate applicable to |
212 | any outstanding bonds of the authority, out of revenues and |
213 | other available moneys not required to meet the authority's |
214 | obligations to its bondholders. The authority shall have no |
215 | power at any time or in any manner to pledge the credit or |
216 | taxing power of the state or any political subdivision or agency |
217 | thereof, including the city and the county, nor shall any of the |
218 | authority's obligations be deemed to be obligations of the state |
219 | or of any political subdivision or agency thereof, nor shall the |
220 | state or any political subdivision or agency thereof, except the |
221 | authority, be liable for the payment of the principal of or |
222 | interest on such obligations. |
223 | Section 7. (1) The Department of Community Affairs, in |
224 | consultation with the Department of Transportation, shall |
225 | implement an Energy Economic Zone Pilot Program for the purpose |
226 | of developing a model to help communities cultivate green |
227 | economic development, encourage renewable electric energy |
228 | generation, manufacture products that contribute to energy |
229 | conservation and green jobs, and further implement chapter 2008- |
230 | 191, Laws of Florida, relative to discouraging sprawl and |
231 | developing energy-efficient land use patterns and greenhouse gas |
232 | reduction strategies. The Office of Tourism, Trade, and Economic |
233 | Development and the Florida Energy and Climate Commission shall |
234 | provide technical assistance to the departments in developing |
235 | and administering the program. |
236 | (2)(a) The application for a pilot project shall: |
237 | 1. Identify the proposed location of the energy economic |
238 | zone, which must be within an adopted urban service area and may |
239 | include a county landfill outside the urban service boundary; |
240 | 2. Present a proposed strategic plan for development and |
241 | redevelopment in the energy economic zone; |
242 | 3. Demonstrate consistency of the strategic plan with the |
243 | local comprehensive plan or include proposed plan amendments |
244 | necessary to achieve consistency; and |
245 | 4. Identify comprehensive plan amendments that will be |
246 | proposed to implement chapter 2008-191, Laws of Florida. |
247 | (b) The strategic plan under subparagraph (a)1. must |
248 | include mixed-use and form-based standards that integrate |
249 | multimodal transportation facilities with land use and |
250 | development patterns to reduce reliance on automobiles, |
251 | encourage certified green building developments and renewable |
252 | energy systems, encourage creation of green jobs, and |
253 | demonstrate how local financial and regulatory incentives will |
254 | be used in the energy economic zone. |
255 | (c) The Department of Community Affairs shall grant at |
256 | least one application if the application meets the requirements |
257 | of this subsection and the community has demonstrated a prior |
258 | commitment to energy conservation, carbon reduction, green |
259 | building, and economic development. The Department of Community |
260 | Affairs and the Office of Tourism, Trade, and Economic |
261 | Development shall provide the pilot community, including |
262 | businesses within the energy economic zone, with technical |
263 | assistance in identifying and qualifying for eligible grants and |
264 | credits in job creation, energy, and other areas. |
265 | (3) The Department of Community Affairs, with the |
266 | assistance of the Office of Tourism, Trade, and Economic |
267 | Development, shall submit an interim report by February 15, |
268 | 2010, to the Governor, the President of the Senate, and the |
269 | Speaker of the House of Representatives regarding the status of |
270 | the pilot program. The report shall contain any recommendations |
271 | deemed appropriate by the department for statutory changes to |
272 | accomplish the goals of the pilot program community, including |
273 | whether it would be beneficial to provide financial incentives |
274 | similar to those offered to an enterprise zone. |
275 | (4) If the pilot project is ongoing, the Department of |
276 | Community Affairs, with the assistance of the Office of Tourism, |
277 | Trade, and Economic Development, shall submit a report to the |
278 | Governor, the President of the Senate, and the Speaker of the |
279 | House of Representatives by February 15, 2012, evaluating |
280 | whether the pilot program has demonstrated success. The report |
281 | shall contain recommendations with regard to whether the program |
282 | should be expanded for use by other local governments and |
283 | whether state policies should be revised to encourage the goals |
284 | of the program. |
285 | Section 8. (1) The Northwest Florida Regional |
286 | Transportation Planning Organization, an interlocal agency under |
287 | part I of chapter 163, Florida Statutes, is authorized to study |
288 | the feasibility of advance-funding the costs of capacity |
289 | projects in its member counties and making recommendations to |
290 | the Legislature by February 1, 2010. The Department of |
291 | Transportation may assist the organization in conducting the |
292 | study. |
293 | (2) Results of any study authorized by this section shall |
294 | be provided to the Governor, the President of the Senate, the |
295 | Speaker of the House of Representatives, the department, any |
296 | metropolitan planning organization in any county served by the |
297 | organization, and the counties served by the organization and |
298 | shall discuss the financial feasibility of advance-funding the |
299 | costs of capacity projects in the Northwest Florida Regional |
300 | Transportation Planning Organization's member counties. The |
301 | study must be based on the following assumptions: |
302 | (a) Any advanced projects must be consistent with the |
303 | Northwest Florida Regional Transportation Planning |
304 | Organization's 5-year plan and the department's work program. |
305 | (b) Any bonds shall have a maturity not to exceed 30 |
306 | years. |
307 | (c) A maximum of 25 percent of the department's capacity |
308 | funds allocated annually to the counties served by the Northwest |
309 | Florida Regional Transportation Planning Organization may be |
310 | used to pay debt service on the bonds. |
311 | (d) Bond proceeds may only be used for the following |
312 | components of a construction project on a state road: planning, |
313 | engineering, design, right-of-way acquisition, and construction. |
314 | (e) The cost of the projects must be balanced with the |
315 | proceeds available from the bonds. |
316 | (f) The department shall have final approval of the |
317 | projects financed through the sale of bonds. |
318 | (3) The study shall contain: |
319 | (a) An analysis of the financial feasibility of advancing |
320 | capacity projects in the Northwest Florida Regional |
321 | Transportation Planning Organization's member counties. |
322 | (b) A long-range, cost-feasible finance plan that |
323 | identifies the project cost, revenues by source, financing, |
324 | major assumptions, and a total cash flow analysis beginning with |
325 | implementation of the project and extending through final |
326 | completion of the project. |
327 | (c) A tentative list of capacity projects and the priority |
328 | in which they would be advanced. These projects must be |
329 | consistent with the criteria in s. 339.135(2)(b), Florida |
330 | Statutes. |
331 | (d) A 5-year work program of the projects to be advanced. |
332 | This program must be consistent with chapter 339, Florida |
333 | Statutes. |
334 | (e) A report of any statutory changes, including a draft |
335 | bill, needed to give the Northwest Florida Regional |
336 | Transportation Planning Organization the ability to advance |
337 | construction projects. The draft bill language shall address, at |
338 | a minimum: |
339 | 1. Developing a list of road projects to be advanced, |
340 | consistent with the organization's 5-year plan. |
341 | 2. Giving the department the authority to review projects |
342 | to determine consistency with its current work program. |
343 | 3. Giving the organization the authority to issue bonds |
344 | with a maturity of not greater than 30 years. |
345 | 4. Requiring proceeds of the bonds to be delivered to the |
346 | department to pay the cost of completing the projects. |
347 | 5. Requiring the road projects to be consistent with the |
348 | organization's 5-year plan. |
349 | 6. Permitting any participating county to elect to |
350 | undertake responsibility for the payment of a portion of the |
351 | cost of any project in the county pursuant to an agreement with |
352 | the organization and the department. |
353 | 7. Providing that, in each year that the bonds are |
354 | outstanding, no more than 25 percent of the state transportation |
355 | funds appropriated for capacity projects advanced pursuant to |
356 | the terms of this section and within the area of operation of |
357 | the organization shall be paid over to the organization for the |
358 | purpose of paying debt service on bonds the organization issued |
359 | for such capacity projects. Such payments shall be made in lieu |
360 | of programming any new projects in the work program. |
361 | 8. Providing that, in the event that the capacity funds |
362 | allocated to the member counties of the organization are less |
363 | than the amount needed to satisfy the payment requirements under |
364 | the contract, the department shall defer the funded capacity on |
365 | any other projects in the member counties of the organization to |
366 | the extent necessary to make up such deficiency, so as to enable |
367 | the organization to make the required debt service payments on |
368 | the bonds or to replenish the reserves established for the bonds |
369 | which may have been used to make up such deficiency. Under no |
370 | circumstances shall the department provide any funds for these |
371 | capacity projects in excess of the amount that would be |
372 | allocated to the member counties pursuant to statutory formula |
373 | and legislative appropriation. |
374 | 9. Providing that the bonds shall state on their face that |
375 | they do not constitute a pledge of the full faith or taxing |
376 | power of the state, and no holder of any bond shall have the |
377 | right to compel payment of the bonds from any funds of the |
378 | state, other than amounts required to be paid to the |
379 | organization under the contract. The bonds shall be limited and |
380 | special obligations payable solely from the sources described |
381 | herein. |
382 | 10. Establishing such other terms and provisions as may be |
383 | deemed reasonable and necessary to enable the organization to |
384 | market the bonds at the most advantageous rates possible. |
385 | (4) The Legislature may authorize the implementation of |
386 | the Northwest Florida Regional Transportation Planning |
387 | Organization's study after a satisfactory showing that these |
388 | prerequisites have been met and that any source of funding for |
389 | any bonds to be issued has been approved by the Department of |
390 | Transportation. |
391 | Section 9. This act shall take effect upon becoming a law. |
392 |
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393 |
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394 | ----------------------------------------------------- |
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 |
398 | An act relating to transportation; amending s. 334.044, |
399 | F.S.; revising the powers and duties of the Department of |
400 | Transportation to provide for certain environmental |
401 | conditions; amending s. 337.025, F.S.; exempting |
402 | transportation projects funded by the American Recovery |
403 | and Reinvestment Act of 2009 from specified caps on annual |
404 | contract amounts; amending s. 337.0261, F.S.; recognizing |
405 | that construction aggregate materials mining is an |
406 | industry of critical importance and that the mining of |
407 | construction aggregate materials is in the public |
408 | interest; amending s. 339.2818, F.S., relating to the |
409 | Small County Outreach Program; revising the purpose of the |
410 | program to include certain program purposes; revising |
411 | eligibility and prioritization criteria; amending s. |
412 | 479.261, F.S.; revising requirements for the logo sign |
413 | program of the interstate highway system; revising the |
414 | definition of the term "attraction"; removing provisions |
415 | for permits to be awarded to the highest bidders; |
416 | authorizing the department to implement a rotation-based |
417 | logo program; revising contract provisions for related |
418 | services; requiring the department to adopt rules that set |
419 | reasonable rates based on certain factors for annual |
420 | permit fees; requiring that such fees not exceed a certain |
421 | amount for certain sign locations; providing for |
422 | distribution and use of proceeds from such fees; amending |
423 | s. 348.54, F.S.; authorizing the Tampa-Hillsborough County |
424 | Expressway Authority to make and issue certain bonds and |
425 | other evidences of indebtedness and obligations; |
426 | specifying liability for the payment of the principal of |
427 | or interest on such obligations; requiring the Department |
428 | of Community Affairs, in consultation with the Department |
429 | of Transportation, to implement the Energy Economic Zone |
430 | Pilot Program for specified purposes; requiring that the |
431 | Office of Tourism, Trade, and Economic Development and the |
432 | Florida Energy and Climate Commission provide technical |
433 | assistance; specifying intended goals of the program; |
434 | providing an application process for a pilot project; |
435 | requiring that the Department of Community Affairs and the |
436 | Office of Tourism, Trade, and Economic Development provide |
437 | the pilot community with certain assistance; requiring the |
438 | Department of Community Affairs to submit reports to the |
439 | Governor and the Legislature; authorizing the Northwest |
440 | Florida Regional Transportation Planning Organization to |
441 | conduct a study on advancing funds for certain |
442 | construction projects; authorizing the Department of |
443 | Transportation to assist with the study; requiring results |
444 | of the study to be provided to the Governor, the |
445 | Legislature, and certain entities; providing principles |
446 | for the study; providing for content of the study; |
447 | providing for legislative authorization prior to |
448 | implementation of the study; providing an effective date. |