HB 5013

1
A bill to be entitled
2An act relating to transportation; amending s. 334.044,
3F.S.; revising the powers and duties of the Department of
4Transportation to provide for certain environmental
5conditions; amending s. 337.025, F.S.; exempting
6transportation projects funded by the American Recovery
7and Reinvestment Act of 2009 from specified caps on annual
8contract amounts; amending s. 337.0261, F.S.; recognizing
9that construction aggregate materials mining is an
10industry of critical importance and that the mining of
11construction aggregate materials is in the public
12interest; amending s. 339.2818, F.S., relating to the
13Small County Outreach Program; revising the purpose of the
14program to include certain program purposes; revising
15eligibility and prioritization criteria; amending s.
16479.261, F.S.; revising requirements for the logo sign
17program of the interstate highway system; revising the
18definition of the term "attraction"; removing provisions
19for permits to be awarded to the highest bidders;
20authorizing the department to implement a rotation-based
21logo program; revising contract provisions for related
22services; requiring the department to adopt rules that set
23reasonable rates based on certain factors for annual
24permit fees; requiring that such fees not exceed a certain
25amount for certain sign locations; providing for
26distribution and use of proceeds from such fees; amending
27s. 348.54, F.S.; authorizing the Tampa-Hillsborough County
28Expressway Authority to make and issue certain bonds and
29other evidences of indebtedness and obligations;
30specifying liability for the payment of the principal of
31or interest on such obligations; requiring the Department
32of Community Affairs, in consultation with the Department
33of Transportation, to implement the Energy Economic Zone
34Pilot Program for specified purposes; requiring that the
35Office of Tourism, Trade, and Economic Development and the
36Florida Energy and Climate Commission provide technical
37assistance; specifying intended goals of the program;
38providing an application process for a pilot project;
39requiring that the Department of Community Affairs and the
40Office of Tourism, Trade, and Economic Development provide
41the pilot community with certain assistance; requiring the
42Department of Community Affairs to submit reports to the
43Governor and the Legislature; authorizing the Northwest
44Florida Regional Transportation Planning Organization to
45conduct a study on advancing funds for certain
46construction projects; authorizing the Department of
47Transportation to assist with the study; requiring results
48of the study to be provided to the Governor, the
49Legislature, and certain entities; providing principles
50for the study; providing for content of the study;
51providing for legislative authorization prior to
52implementation of the study; providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Subsection (26) of section 334.044, Florida
57Statutes, is amended to read:
58     334.044  Department; powers and duties.--The department
59shall have the following general powers and duties:
60     (26)  To provide for the enhancement of environmental
61benefits, including air and water quality; to prevent roadside
62erosion; to conserve the conservation of natural roadside growth
63and scenery; and to provide for the implementation and
64maintenance of roadside conservation, enhancement,
65stabilization, and beautification programs., and No less than
661.5 percent of the amount contracted for construction projects
67shall be allocated by the department for the purchase of plant
68materials, with, to beautification programs. Except where
69prohibited by federal law or federal regulation and to the
70greatest extent practical, a minimum of 50 percent of these
71funds for shall be used to purchase large plant materials and
72with the remaining funds for other plant materials. All such
73plant materials shall be purchased from Florida commercial
74nursery Florida-based nurseryman stock in this state on a
75uniform competitive bid basis. The department will develop
76grades and standards for landscaping materials purchased through
77this process. To accomplish these activities, the department may
78contract with nonprofit organizations having the primary purpose
79of developing youth employment opportunities.
80     Section 2.  In order to implement Specific Appropriations
811986 through 2095 of the 2009-2010 General Appropriations Act,
82section 337.025, Florida Statutes, is amended to read:
83     337.025  Innovative highway projects; department to
84establish program.--
85     (1)  The department is authorized to establish a program
86for highway projects demonstrating innovative techniques of
87highway construction, maintenance, and finance which have the
88intended effect of controlling time and cost increases on
89construction projects. Such techniques may include, but are not
90limited to, state-of-the-art technology for pavement, safety,
91and other aspects of highway construction and maintenance;
92innovative bidding and financing techniques; accelerated
93construction procedures; and those techniques that have the
94potential to reduce project life cycle costs. To the maximum
95extent practical, the department must use the existing process
96to award and administer construction and maintenance contracts.
97When specific innovative techniques are to be used, the
98department is not required to adhere to those provisions of law
99that would prevent, preclude, or in any way prohibit the
100department from using the innovative technique. However, prior
101to using an innovative technique that is inconsistent with
102another provision of law, the department must document in
103writing the need for the exception and identify what benefits
104the traveling public and the affected community are anticipated
105to receive. The department may enter into no more than $120
106million in contracts annually for the purposes authorized by
107this section.
108     (2)  However, The annual cap on contracts provided in
109subsection (1) this section shall not apply to:
110     (a)  Turnpike enterprise projects, and nor shall turnpike
111enterprise projects shall not be counted toward the department's
112annual cap.
113     (b)  Transportation projects funded by the American
114Recovery and Reinvestment Act of 2009.
115     Section 3.  Subsection (2) of section 337.0261, Florida
116Statutes, is amended to read:
117     337.0261  Construction aggregate materials.--
118     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
119is a strategic and critical need for an available supply of
120construction aggregate materials within the state and that a
121disruption of the supply would cause a significant detriment to
122the state's construction industry, transportation system, and
123overall health, safety, and welfare. In addition, the
124Legislature recognizes that construction aggregate materials
125mining is an industry of critical importance to the state and
126that the mining of construction aggregate materials is in the
127public interest.
128     Section 4.  Subsections (1) and (4) of section 339.2818,
129Florida Statutes, are amended to read:
130     339.2818  Small County Outreach Program.--
131     (1)  There is created within the Department of
132Transportation the Small County Outreach Program. The purpose of
133this program is to assist small county governments in repairing
134or rehabilitating county bridges, paving unpaved roads,
135addressing road-related drainage improvements, resurfacing or
136reconstructing county roads, or in constructing capacity or
137safety improvements to county roads.
138     (4)(a)  Small counties shall be eligible to compete for
139funds that have been designated for the Small County Outreach
140Program for projects on county roads. The department shall fund
14175 percent of the cost of projects on county roads funded under
142the program.
143     (b)  In determining a county's eligibility for assistance
144under this program, the department may consider whether the
145county has attempted to keep county roads in satisfactory
146condition, which may be evidenced through an established
147pavement management plan.
148     (c)  The following criteria shall be used to prioritize
149road projects for funding under the program:
150     1.  The primary criterion is the physical condition of the
151road as measured by the department.
152     2.  As secondary criteria the department may consider:
153     a.  Whether a road is used as an evacuation route.
154     b.  Whether a road has high levels of agricultural travel.
155     c.  Whether a road is considered a major arterial route.
156     d.  Whether a road is considered a feeder road.
157     e.  Information as evidenced to the department through an
158established pavement management plan.
159     f.e.  Other criteria related to the impact of a project on
160the public road system or on the state or local economy as
161determined by the department.
162     Section 5.  Subsections (1), (3), (4), and (5) of section
163479.261, Florida Statutes, are amended to read:
164     479.261  Logo sign program.--
165     (1)  The department shall establish a logo sign program for
166the rights-of-way of the interstate highway system to provide
167information to motorists about available gas, food, lodging, and
168camping, attractions, and other services, as approved by the
169Federal Highway Administration, at interchanges, through the use
170of business logos, and may include additional interchanges under
171the program. A logo sign for nearby attractions may be added to
172this program if allowed by federal rules.
173     (a)  As used in this chapter, the term An "attraction"
174means as used in this chapter is defined as an establishment,
175site, facility, or landmark that which is open a minimum of 5
176days a week for 52 weeks a year; that which charges an admission
177for entry; which has as its principal focus family-oriented
178entertainment, cultural, educational, recreational, scientific,
179or historical activities; and that which is publicly recognized
180as a bona fide tourist attraction. However, the permits for
181businesses seeking to participate in the attractions logo sign
182program shall be awarded by the department annually to the
183highest bidders, notwithstanding the limitation on fees in
184subsection (5), which are qualified for available space at each
185qualified location, but the fees therefor may not be less than
186the fees established for logo participants in other logo
187categories.
188     (b)  The department shall incorporate the use of RV-
189friendly markers on specific information logo signs for
190establishments that cater to the needs of persons driving
191recreational vehicles. Establishments that qualify for
192participation in the specific information logo program and that
193also qualify as "RV-friendly" may request the RV-friendly marker
194on their specific information logo sign. An RV-friendly marker
195must consist of a design approved by the Federal Highway
196Administration. The department shall adopt rules in accordance
197with chapter 120 to administer this paragraph, including rules
198setting forth the minimum requirements that establishments must
199meet in order to qualify as RV-friendly. These requirements
200shall include large parking spaces, entrances, and exits that
201can easily accommodate recreational vehicles and facilities
202having appropriate overhead clearances, if applicable.
203     (c)  The department may implement a 3-year, rotation-based
204logo program providing for the removal and addition of
205participating businesses in the program.
206     (3)  Logo signs may be installed upon the issuance of an
207annual permit by the department or its agent and payment of a an
208application and permit fee to the department or its agent.
209     (4)  The department may contract pursuant to s. 287.057 for
210the provision of services related to the logo sign program,
211including recruitment and qualification of businesses, review of
212applications, permit issuance, and fabrication, installation,
213and maintenance of logo signs. The department may reject all
214proposals and seek another request for proposals or otherwise
215perform the work. If the department contracts for the provision
216of services for the logo sign program, the contract must
217require, unless the business owner declines, that businesses
218that previously entered into agreements with the department to
219privately fund logo sign construction and installation be
220reimbursed by the contractor for the cost of the signs which has
221not been recovered through a previously agreed upon waiver of
222fees. The contract also may allow the contractor to retain a
223portion of the annual fees as compensation for its services.
224     (5)  At a minimum, permit fees for businesses that
225participate in the program must be established in an amount
226sufficient to offset the total cost to the department for the
227program, including contract costs. The department shall provide
228the services in the most efficient and cost-effective manner
229through department staff or by contracting for some or all of
230the services. The department shall adopt rules that set
231reasonable rates based upon factors such as population, traffic
232volume, market demand, and costs for annual permit fees.
233However, annual permit fees for sign locations inside an urban
234area, as defined in s. 334.03(32), may not exceed $5,000 and
235annual permit fees for sign locations outside an urban area, as
236defined in s. 334.03(32), may not exceed $2,500. After
237recovering program costs, the proceeds from the annual permit
238fees shall be deposited into the State Transportation Trust Fund
239and used for transportation purposes. Such annual permit fee
240shall not exceed $1,250.
241     Section 6.  Subsections (7) and (8) of section 348.54,
242Florida Statutes, are amended to read:
243     348.54  Powers of the authority.--Except as otherwise
244limited herein, the authority shall have the power:
245     (7)  To borrow money and to make and issue negotiable
246bonds, notes, refunding bonds, and other evidences of
247indebtedness or obligations, either in temporary or definitive
248form, hereinafter in this chapter referred to as "bonds of the
249authority," for the purpose of financing all or part of the
250improvement or extension of the expressway system and
251appurtenant facilities, including all approaches, streets,
252roads, bridges, and avenues of access for the expressway system,
253and for any other purpose authorized by this part, and to
254provide for the rights of the holders thereof.
255     (8)  To secure the payment of bonds by a pledge of all or
256any portion of the revenues or such other moneys legally
257available therefor and of all or any portion of the Hillsborough
258County gasoline tax funds in the manner provided by this part;
259and in general to provide for the security of the bonds and the
260rights and remedies of the holders thereof. Interest upon the
261amount of gasoline tax funds to be repaid to the county pursuant
262to s. 348.60 shall be payable, at the highest rate applicable to
263any outstanding bonds of the authority, out of revenues and
264other available moneys not required to meet the authority's
265obligations to its bondholders. The authority shall have no
266power at any time or in any manner to pledge the credit or
267taxing power of the state or any political subdivision or agency
268thereof, including the city and the county, nor shall any of the
269authority's obligations be deemed to be obligations of the state
270or of any political subdivision or agency thereof, nor shall the
271state or any political subdivision or agency thereof, except the
272authority, be liable for the payment of the principal of or
273interest on such obligations.
274     Section 7.  (1)  The Department of Community Affairs, in
275consultation with the Department of Transportation, shall
276implement an Energy Economic Zone Pilot Program for the purpose
277of developing a model to help communities cultivate green
278economic development, encourage renewable electric energy
279generation, manufacture products that contribute to energy
280conservation and green jobs, and further implement chapter 2008-
281191, Laws of Florida, relative to discouraging sprawl and
282developing energy-efficient land use patterns and greenhouse gas
283reduction strategies. The Office of Tourism, Trade, and Economic
284Development and the Florida Energy and Climate Commission shall
285provide technical assistance to the departments in developing
286and administering the program.
287     (2)(a)  The application for a pilot project shall:
288     1.  Identify the proposed location of the energy economic
289zone, which must be within an adopted urban service area and may
290include a county landfill outside the urban service boundary;
291     2.  Present a proposed strategic plan for development and
292redevelopment in the energy economic zone;
293     3.  Demonstrate consistency of the strategic plan with the
294local comprehensive plan or include proposed plan amendments
295necessary to achieve consistency; and
296     4.  Identify comprehensive plan amendments that will be
297proposed to implement chapter 2008-191, Laws of Florida.
298     (b)  The strategic plan under subparagraph (a)1. must
299include mixed-use and form-based standards that integrate
300multimodal transportation facilities with land use and
301development patterns to reduce reliance on automobiles,
302encourage certified green building developments and renewable
303energy systems, encourage creation of green jobs, and
304demonstrate how local financial and regulatory incentives will
305be used in the energy economic zone.
306     (c)  The Department of Community Affairs shall grant at
307least one application if the application meets the requirements
308of this subsection and the community has demonstrated a prior
309commitment to energy conservation, carbon reduction, green
310building, and economic development. The Department of Community
311Affairs and the Office of Tourism, Trade, and Economic
312Development shall provide the pilot community, including
313businesses within the energy economic zone, with technical
314assistance in identifying and qualifying for eligible grants and
315credits in job creation, energy, and other areas.
316     (3)  The Department of Community Affairs, with the
317assistance of the Office of Tourism, Trade, and Economic
318Development, shall submit an interim report by February 15,
3192010, to the Governor, the President of the Senate, and the
320Speaker of the House of Representatives regarding the status of
321the pilot program. The report shall contain any recommendations
322deemed appropriate by the department for statutory changes to
323accomplish the goals of the pilot program community, including
324whether it would be beneficial to provide financial incentives
325similar to those offered to an enterprise zone.
326     (4)  If the pilot project is ongoing, the Department of
327Community Affairs, with the assistance of the Office of Tourism,
328Trade, and Economic Development, shall submit a report to the
329Governor, the President of the Senate, and the Speaker of the
330House of Representatives by February 15, 2012, evaluating
331whether the pilot program has demonstrated success. The report
332shall contain recommendations with regard to whether the program
333should be expanded for use by other local governments and
334whether state policies should be revised to encourage the goals
335of the program.
336     Section 8.  (1)  The Northwest Florida Regional
337Transportation Planning Organization, an interlocal agency under
338part I of chapter 163, Florida Statutes, is authorized to study
339the feasibility of advance-funding the costs of capacity
340projects in its member counties and making recommendations to
341the Legislature by February 1, 2010. The Department of
342Transportation may assist the organization in conducting the
343study.
344     (2)  Results of any study authorized by this section shall
345be provided to the Governor, the President of the Senate, the
346Speaker of the House of Representatives, the department, any
347metropolitan planning organization in any county served by the
348organization, and the counties served by the organization and
349shall discuss the financial feasibility of advance-funding the
350costs of capacity projects in the Northwest Florida Regional
351Transportation Planning Organization's member counties. The
352study must be based on the following assumptions:
353     (a)  Any advanced projects must be consistent with the
354Northwest Florida Regional Transportation Planning
355Organization's 5-year plan and the department's work program.
356     (b)  Any bonds shall have a maturity not to exceed 30
357years.
358     (c)  A maximum of 25 percent of the department's capacity
359funds allocated annually to the counties served by the Northwest
360Florida Regional Transportation Planning Organization may be
361used to pay debt service on the bonds.
362     (d)  Bond proceeds may only be used for the following
363components of a construction project on a state road: planning,
364engineering, design, right-of-way acquisition, and construction.
365     (e)  The cost of the projects must be balanced with the
366proceeds available from the bonds.
367     (f)  The department shall have final approval of the
368projects financed through the sale of bonds.
369     (3)  The study shall contain:
370     (a)  An analysis of the financial feasibility of advancing
371capacity projects in the Northwest Florida Regional
372Transportation Planning Organization's member counties.
373     (b)  A long-range, cost-feasible finance plan that
374identifies the project cost, revenues by source, financing,
375major assumptions, and a total cash flow analysis beginning with
376implementation of the project and extending through final
377completion of the project.
378     (c)  A tentative list of capacity projects and the priority
379in which they would be advanced. These projects must be
380consistent with the criteria in s. 339.135(2)(b), Florida
381Statutes.
382     (d)  A 5-year work program of the projects to be advanced.
383This program must be consistent with chapter 339, Florida
384Statutes.
385     (e)  A report of any statutory changes, including a draft
386bill, needed to give the Northwest Florida Regional
387Transportation Planning Organization the ability to advance
388construction projects. The draft bill language shall address, at
389a minimum:
390     1.  Developing a list of road projects to be advanced,
391consistent with the organization's 5-year plan.
392     2.  Giving the department the authority to review projects
393to determine consistency with its current work program.
394     3.  Giving the organization the authority to issue bonds
395with a maturity of not greater than 30 years.
396     4.  Requiring proceeds of the bonds to be delivered to the
397department to pay the cost of completing the projects.
398     5.  Requiring the road projects to be consistent with the
399organization's 5-year plan.
400     6.  Permitting any participating county to elect to
401undertake responsibility for the payment of a portion of the
402cost of any project in the county pursuant to an agreement with
403the organization and the department.
404     7.  Providing that, in each year that the bonds are
405outstanding, no more than 25 percent of the state transportation
406funds appropriated for capacity projects advanced pursuant to
407the terms of this section and within the area of operation of
408the organization shall be paid over to the organization for the
409purpose of paying debt service on bonds the organization issued
410for such capacity projects. Such payments shall be made in lieu
411of programming any new projects in the work program.
412     8.  Providing that, in the event that the capacity funds
413allocated to the member counties of the organization are less
414than the amount needed to satisfy the payment requirements under
415the contract, the department shall defer the funded capacity on
416any other projects in the member counties of the organization to
417the extent necessary to make up such deficiency, so as to enable
418the organization to make the required debt service payments on
419the bonds or to replenish the reserves established for the bonds
420which may have been used to make up such deficiency. Under no
421circumstances shall the department provide any funds for these
422capacity projects in excess of the amount that would be
423allocated to the member counties pursuant to statutory formula
424and legislative appropriation.
425     9.  Providing that the bonds shall state on their face that
426they do not constitute a pledge of the full faith or taxing
427power of the state, and no holder of any bond shall have the
428right to compel payment of the bonds from any funds of the
429state, other than amounts required to be paid to the
430organization under the contract. The bonds shall be limited and
431special obligations payable solely from the sources described
432herein.
433     10.  Establishing such other terms and provisions as may be
434deemed reasonable and necessary to enable the organization to
435market the bonds at the most advantageous rates possible.
436     (4)  The Legislature may authorize the implementation of
437the Northwest Florida Regional Transportation Planning
438Organization's study after a satisfactory showing that these
439prerequisites have been met and that any source of funding for
440any bonds to be issued has been approved by the Department of
441Transportation.
442     Section 9.  This act shall take effect upon becoming a law.
443


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