Florida Senate - 2009 (PROPOSED COMMITTEE BILL) SPB 7014
FOR CONSIDERATION By the Committee on Transportation
596-00609A-09 20097014__
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 requiring the department to conduct a study of
4 transportation alternatives for the Interstate 95
5 corridor; amending s. 20.23, F.S.; providing for the
6 salary and benefits of the executive director of the
7 Florida Transportation Commission to be set in
8 accordance with the Senior Management Service;
9 amending s. 125.42, F.S.; providing for counties to
10 incur certain costs related to the relocation or
11 removal of certain utility facilities under specified
12 circumstances; amending s. 163.3177, F.S.; revising
13 requirements for comprehensive plans; providing a
14 timeframe for submission of certain information to the
15 state land planning agency; providing for airports,
16 land adjacent to airports, and certain interlocal
17 agreements relating thereto in certain elements of the
18 plan; amending s. 163.3178, F.S.; providing that
19 certain port-related facilities may not be designated
20 as developments of regional impact under certain
21 circumstances; amending s. 163.3182, F.S., relating to
22 transportation concurrency backlog authorities;
23 providing legislative findings and declarations;
24 expanding the power of authorities to borrow money to
25 include issuing certain debt obligations; providing a
26 maximum maturity date for certain debt incurred to
27 finance or refinance certain transportation
28 concurrency backlog projects; authorizing authorities
29 to continue operations and administer certain trust
30 funds for the period of the remaining outstanding
31 debt; requiring local transportation concurrency
32 backlog trust funds to continue to be funded for
33 certain purposes; providing for increased ad valorem
34 tax increment funding for such trust funds under
35 certain circumstances; revising provisions for
36 dissolution of an authority; amending s. 287.055,
37 F.S.; conforming a cross-reference; prohibiting a
38 county, municipality, or special district from owning
39 or operating an asphalt plant or a portable or
40 stationary concrete batch plant having an independent
41 mixer; providing exemptions; amending s. 337.11, F.S.;
42 providing for the department to pay a portion of
43 certain proposal development costs; requiring the
44 department to advertise certain contracts as design
45 build contracts; amending ss. 337.14 and 337.16, F.S.;
46 conforming cross-references; amending s. 337.18, F.S.;
47 requiring the contractor to maintain a copy of the
48 required payment and performance bond at certain
49 locations and provide a copy upon request; providing
50 that a copy may be obtained directly from the
51 department; removing a provision requiring that a copy
52 be recorded in the public records of the county;
53 amending s. 337.185, F.S.; providing for the State
54 Arbitration Board to arbitrate certain claims relating
55 to maintenance contracts; providing for a member of
56 the board to be elected by maintenance companies as
57 well as construction companies; amending s. 337.403,
58 F.S.; providing for the department or local
59 governmental entity to pay certain costs of removal or
60 relocation of a utility facility that is found to be
61 interfering with the use, maintenance, improvement,
62 extension, or expansion of a public road or publicly
63 owned rail corridor under described circumstances;
64 amending s. 337.408, F.S.; providing for public pay
65 telephones and advertising thereon to be installed
66 within the right-of-way limits of any municipal,
67 county, or state road; amending s. 338.01, F.S.;
68 requiring new and replacement electronic toll
69 collection systems to be interoperable with the
70 department's system; amending s. 338.165, F.S.;
71 providing that provisions requiring the continuation
72 of tolls following the discharge of bond indebtedness
73 does not apply to high-occupancy toll lanes or express
74 lanes; creating s. 338.166, F.S.; authorizing the
75 department to request that bonds be issued which are
76 secured by toll revenues from high-occupancy toll or
77 express lanes in a specified location; providing for
78 the department to continue to collect tolls after
79 discharge of indebtedness; authorizing the use of
80 excess toll revenues for improvements to the State
81 Highway System; authorizing the implementation of
82 variable rate tolls on high-occupancy toll lanes or
83 express lanes; amending s. 338.2216, F.S.; directing
84 the Florida Turnpike Enterprise to implement new
85 technologies and processes in its operations and
86 collection of tolls and other amounts; amending s.
87 338.223, F.S.; conforming a cross-reference; amending
88 s. 338.231, F.S.; revising provisions for establishing
89 and collecting tolls; authorizing the collection of
90 amounts to cover costs of toll collection and payment
91 methods; requiring public notice and hearing; amending
92 s. 339.12, F.S.; revising requirements for aid and
93 contributions by governmental entities for
94 transportation projects; revising limits under which
95 the department may enter into an agreement with a
96 county for a project or project phase not in the
97 adopted work program; authorizing the department to
98 enter into certain long-term repayment agreements;
99 amending s. 339.135, F.S.; revising certain notice
100 provisions that require the Department of
101 Transportation to notify local governments regarding
102 amendments to an adopted 5-year work program; amending
103 s. 339.155, F.S.; revising provisions for development
104 of the Florida Transportation Plan; amending s.
105 339.2816, F.S., relating to the small county road
106 assistance program; providing for resumption of
107 certain funding for the program; revising the criteria
108 for counties eligible to participate in the program;
109 amending ss. 339.2819 and 339.285, F.S.; conforming
110 cross-references; repealing part III of ch. 343 F.S.,
111 relating to the Tampa Bay Commuter Transit Authority;
112 amending s. 348.0003, F.S.; requiring financial
113 disclosure for members of expressway, transportation,
114 bridge, or toll authorities; amending s. 348.0004,
115 F.S.; providing for certain expressway authorities to
116 index toll rate increases; amending s. 479.01, F.S.;
117 revising provisions for outdoor advertising; revising
118 the definition of the term “automatic changeable
119 facing”; amending s. 479.07, F.S.; revising a
120 prohibition against signs on the State Highway System;
121 revising requirements for display of the sign permit
122 tag; directing the department to establish by rule a
123 fee for furnishing a replacement permit tag; revising
124 the pilot project for permitted signs to include
125 Hillsborough County and areas within the boundaries of
126 the City of Miami; amending s. 479.08, F.S.; revising
127 provisions for denial or revocation of a sign permit;
128 amending s. 479.156, F.S.; modifying local government
129 control of the regulation of wall murals adjacent to
130 certain federal highways; amending s. 479.261, F.S.;
131 revising requirements for the logo sign program of the
132 interstate highway system; deleting provisions
133 providing for permits to be awarded to the highest
134 bidders; requiring the department to implement a
135 rotation-based logo program; requiring the department
136 to adopt rules that set reasonable rates based on
137 certain factors for annual permit fees; requiring that
138 such fees not exceed a certain amount for sign
139 locations inside and outside an urban area; creating a
140 business partnership pilot program; authorizing the
141 Palm Beach County School District to display names of
142 business partners on district property in
143 unincorporated areas; exempting the program from
144 specified provisions; authorizing the expenditure of
145 public funds for certain alterations of Old Cutler
146 Road in the Village of Palmetto Bay; requiring the
147 official approval of the Department of State before
148 any alterations may begin; amending s. 120.52, F.S.;
149 redefining the term “agency” for purposes of ch. 120,
150 F.S., to include certain regional transportation and
151 transit authorities; directing the Department of
152 Transportation to establish an approved transportation
153 methodology for certain purpose; providing
154 requirements; providing an effective date.
155
156 Be It Enacted by the Legislature of the State of Florida:
157
158 Section 1. The Department of Transportation, in
159 consultation with the Department of Law Enforcement, the
160 Division of Emergency Management of the Department of Community
161 Affairs, the Office of Tourism, Trade, and Economic Development,
162 and regional planning councils within whose jurisdictional area
163 the I-95 corridor lies, shall complete a study of transportation
164 alternatives for the travel corridor parallel to Interstate 95
165 which takes into account the transportation, emergency
166 management, homeland security, and economic development needs of
167 the state. The report must include identification of cost
168 effective measures that may be implemented to alleviate
169 congestion on Interstate 95, facilitate emergency and security
170 responses, and foster economic development. The Department of
171 Transportation shall send the report to the Governor, the
172 President of the Senate, the Speaker of the House of
173 Representatives, and each affected metropolitan planning
174 organization by June 30, 2010.
175 Section 2. Paragraph (h) of subsection (2) of section
176 20.23, Florida Statutes, is amended to read:
177 20.23 Department of Transportation.—There is created a
178 Department of Transportation which shall be a decentralized
179 agency.
180 (2)
181 (h) The commission shall appoint an executive director and
182 assistant executive director, who shall serve under the
183 direction, supervision, and control of the commission. The
184 executive director, with the consent of the commission, shall
185 employ such staff as are necessary to perform adequately the
186 functions of the commission, within budgetary limitations. All
187 employees of the commission are exempt from part II of chapter
188 110 and shall serve at the pleasure of the commission. The
189 salary and benefits of the executive director shall be set in
190 accordance with the Senior Management Service. The salaries and
191 benefits of all other employees of the commission shall be set
192 in accordance with the Selected Exempt Service; provided,
193 however, that the commission has shall have complete authority
194 for fixing the salary of the executive director and assistant
195 executive director.
196 Section 3. Subsection (5) of section 125.42, Florida
197 Statutes, is amended to read:
198 125.42 Water, sewage, gas, power, telephone, other utility,
199 and television lines along county roads and highways.—
200 (5) In the event of widening, repair, or reconstruction of
201 any such road, the licensee shall move or remove such water,
202 sewage, gas, power, telephone, and other utility lines and
203 television lines at no cost to the county, except as provided in
204 s. 337.403(1)(e).
205 Section 4. Paragraphs (a), (h), and (j) of subsection (6)
206 of section 163.3177, Florida Statutes, are amended to read:
207 163.3177 Required and optional elements of comprehensive
208 plan; studies and surveys.—
209 (6) In addition to the requirements of subsections (1)-(5)
210 and (12), the comprehensive plan shall include the following
211 elements:
212 (a) A future land use plan element designating proposed
213 future general distribution, location, and extent of the uses of
214 land for residential uses, commercial uses, industry,
215 agriculture, recreation, conservation, education, public
216 buildings and grounds, other public facilities, and other
217 categories of the public and private uses of land. Counties are
218 encouraged to designate rural land stewardship areas, pursuant
219 to the provisions of paragraph (11)(d), as overlays on the
220 future land use map. Each future land use category must be
221 defined in terms of uses included, and must include standards to
222 be followed in the control and distribution of population
223 densities and building and structure intensities. The proposed
224 distribution, location, and extent of the various categories of
225 land use shall be shown on a land use map or map series which
226 shall be supplemented by goals, policies, and measurable
227 objectives. The future land use plan shall be based upon
228 surveys, studies, and data regarding the area, including the
229 amount of land required to accommodate anticipated growth; the
230 projected population of the area; the character of undeveloped
231 land; the availability of water supplies, public facilities, and
232 services; the need for redevelopment, including the renewal of
233 blighted areas and the elimination of nonconforming uses which
234 are inconsistent with the character of the community; the
235 compatibility of uses on lands adjacent to or closely proximate
236 to military installations; lands adjacent to an airport as
237 defined in s. 330.35 and consistent with s. 333.02; the
238 discouragement of urban sprawl; energy-efficient land use
239 patterns accounting for existing and future electric power
240 generation and transmission systems; greenhouse gas reduction
241 strategies; and, in rural communities, the need for job
242 creation, capital investment, and economic development that will
243 strengthen and diversify the community's economy. The future
244 land use plan may designate areas for future planned development
245 use involving combinations of types of uses for which special
246 regulations may be necessary to ensure development in accord
247 with the principles and standards of the comprehensive plan and
248 this act. The future land use plan element shall include
249 criteria to be used to achieve the compatibility of adjacent or
250 closely proximate lands with military installations; lands
251 adjacent to an airport as defined in s. 330.35 and consistent
252 with s. 333.02. In addition, for rural communities, the amount
253 of land designated for future planned industrial use shall be
254 based upon surveys and studies that reflect the need for job
255 creation, capital investment, and the necessity to strengthen
256 and diversify the local economies, and may shall not be limited
257 solely by the projected population of the rural community. The
258 future land use plan of a county may also designate areas for
259 possible future municipal incorporation. The land use maps or
260 map series shall generally identify and depict historic district
261 boundaries and shall designate historically significant
262 properties meriting protection. For coastal counties, the future
263 land use element must include, without limitation, regulatory
264 incentives and criteria that encourage the preservation of
265 recreational and commercial working waterfronts as defined in s.
266 342.07. The future land use element must clearly identify the
267 land use categories in which public schools are an allowable
268 use. When delineating the land use categories in which public
269 schools are an allowable use, a local government shall include
270 in the categories sufficient land proximate to residential
271 development to meet the projected needs for schools in
272 coordination with public school boards and may establish
273 differing criteria for schools of different type or size. Each
274 local government shall include lands contiguous to existing
275 school sites, to the maximum extent possible, within the land
276 use categories in which public schools are an allowable use. The
277 failure by a local government to comply with these school siting
278 requirements will result in the prohibition of the local
279 government's ability to amend the local comprehensive plan,
280 except for plan amendments described in s. 163.3187(1)(b), until
281 the school siting requirements are met. Amendments proposed by a
282 local government for purposes of identifying the land use
283 categories in which public schools are an allowable use are
284 exempt from the limitation on the frequency of plan amendments
285 contained in s. 163.3187. The future land use element shall
286 include criteria that encourage the location of schools
287 proximate to urban residential areas to the extent possible and
288 shall require that the local government seek to collocate public
289 facilities, such as parks, libraries, and community centers,
290 with schools to the extent possible and to encourage the use of
291 elementary schools as focal points for neighborhoods. For
292 schools serving predominantly rural counties, defined as a
293 county with a population of 100,000 or fewer, an agricultural
294 land use category is shall be eligible for the location of
295 public school facilities if the local comprehensive plan
296 contains school siting criteria and the location is consistent
297 with such criteria. Local governments required to update or
298 amend their comprehensive plan to include criteria and address
299 compatibility of lands adjacent to an airport as defined in s.
300 330.35 and consistent with s. 333.02 adjacent or closely
301 proximate lands with existing military installations in their
302 future land use plan element shall transmit the update or
303 amendment to the state land planning agency department by June
304 30, 2012 2006.
305 (h)1. An intergovernmental coordination element showing
306 relationships and stating principles and guidelines to be used
307 in the accomplishment of coordination of the adopted
308 comprehensive plan with the plans of school boards, regional
309 water supply authorities, and other units of local government
310 providing services but not having regulatory authority over the
311 use of land, with the comprehensive plans of adjacent
312 municipalities, the county, adjacent counties, or the region,
313 with the state comprehensive plan and with the applicable
314 regional water supply plan approved pursuant to s. 373.0361, as
315 the case may require and as such adopted plans or plans in
316 preparation may exist. This element of the local comprehensive
317 plan shall demonstrate consideration of the particular effects
318 of the local plan, when adopted, upon the development of
319 adjacent municipalities, the county, adjacent counties, or the
320 region, or upon the state comprehensive plan, as the case may
321 require.
322 a. The intergovernmental coordination element shall provide
323 for procedures to identify and implement joint planning areas,
324 especially for the purpose of annexation, municipal
325 incorporation, and joint infrastructure service areas.
326 b. The intergovernmental coordination element shall provide
327 for recognition of campus master plans prepared pursuant to s.
328 1013.30 and airport master plans under paragraph (k).
329 c. The intergovernmental coordination element may provide
330 for a voluntary dispute resolution process as established
331 pursuant to s. 186.509 for bringing to closure in a timely
332 manner intergovernmental disputes. A local government may
333 develop and use an alternative local dispute resolution process
334 for this purpose.
335 d. The intergovernmental coordination element shall provide
336 for interlocal agreements as established pursuant to s.
337 333.03(1)(b).
338 2. The intergovernmental coordination element shall further
339 state principles and guidelines to be used in the accomplishment
340 of coordination of the adopted comprehensive plan with the plans
341 of school boards and other units of local government providing
342 facilities and services but not having regulatory authority over
343 the use of land. In addition, the intergovernmental coordination
344 element shall describe joint processes for collaborative
345 planning and decisionmaking on population projections and public
346 school siting, the location and extension of public facilities
347 subject to concurrency, and siting facilities with countywide
348 significance, including locally unwanted land uses whose nature
349 and identity are established in an agreement. Within 1 year of
350 adopting their intergovernmental coordination elements, each
351 county, all the municipalities within that county, the district
352 school board, and any unit of local government service providers
353 in that county shall establish by interlocal or other formal
354 agreement executed by all affected entities, the joint processes
355 described in this subparagraph consistent with their adopted
356 intergovernmental coordination elements.
357 3. To foster coordination between special districts and
358 local general-purpose governments as local general-purpose
359 governments implement local comprehensive plans, each
360 independent special district must submit a public facilities
361 report to the appropriate local government as required by s.
362 189.415.
363 4.a. Local governments shall must execute an interlocal
364 agreement with the district school board, the county, and
365 nonexempt municipalities pursuant to s. 163.31777. The local
366 government shall amend the intergovernmental coordination
367 element to provide that coordination between the local
368 government and school board is pursuant to the agreement and
369 shall state the obligations of the local government under the
370 agreement.
371 b. Plan amendments that comply with this subparagraph are
372 exempt from the provisions of s. 163.3187(1).
373 5. The state land planning agency shall establish a
374 schedule for phased completion and transmittal of plan
375 amendments to implement subparagraphs 1., 2., and 3. from all
376 jurisdictions so as to accomplish their adoption by December 31,
377 1999. A local government may complete and transmit its plan
378 amendments to carry out these provisions prior to the scheduled
379 date established by the state land planning agency. The plan
380 amendments are exempt from the provisions of s. 163.3187(1).
381 6. By January 1, 2004, any county having a population
382 greater than 100,000, and the municipalities and special
383 districts within that county, shall submit a report to the
384 Department of Community Affairs which:
385 a. Identifies all existing or proposed interlocal service
386 delivery agreements regarding the following: education; sanitary
387 sewer; public safety; solid waste; drainage; potable water;
388 parks and recreation; and transportation facilities.
389 b. Identifies any deficits or duplication in the provision
390 of services within its jurisdiction, whether capital or
391 operational. Upon request, the Department of Community Affairs
392 shall provide technical assistance to the local governments in
393 identifying deficits or duplication.
394 7. Within 6 months after submission of the report, the
395 Department of Community Affairs shall, through the appropriate
396 regional planning council, coordinate a meeting of all local
397 governments within the regional planning area to discuss the
398 reports and potential strategies to remedy any identified
399 deficiencies or duplications.
400 8. Each local government shall update its intergovernmental
401 coordination element based upon the findings in the report
402 submitted pursuant to subparagraph 6. The report may be used as
403 supporting data and analysis for the intergovernmental
404 coordination element.
405 (j) For each unit of local government within an urbanized
406 area designated for purposes of s. 339.175, a transportation
407 element, which must shall be prepared and adopted in lieu of the
408 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
409 and (d) and which shall address the following issues:
410 1. Traffic circulation, including major thoroughfares and
411 other routes, including bicycle and pedestrian ways.
412 2. All alternative modes of travel, such as public
413 transportation, pedestrian, and bicycle travel.
414 3. Parking facilities.
415 4. Aviation, rail, seaport facilities, access to those
416 facilities, and intermodal terminals.
417 5. The availability of facilities and services to serve
418 existing land uses and the compatibility between future land use
419 and transportation elements.
420 6. The capability to evacuate the coastal population prior
421 to an impending natural disaster.
422 7. Airports, projected airport and aviation development,
423 and land use compatibility around airports, which includes areas
424 defined in ss. 333.01 and 333.02.
425 8. An identification of land use densities, building
426 intensities, and transportation management programs to promote
427 public transportation systems in designated public
428 transportation corridors so as to encourage population densities
429 sufficient to support such systems.
430 9. May include transportation corridors, as defined in s.
431 334.03, intended for future transportation facilities designated
432 pursuant to s. 337.273. If transportation corridors are
433 designated, the local government may adopt a transportation
434 corridor management ordinance.
435 10. The incorporation of transportation strategies to
436 address reduction in greenhouse gas emissions from the
437 transportation sector.
438 Section 5. Subsection (3) of section 163.3178, Florida
439 Statutes, is amended to read:
440 163.3178 Coastal management.—
441 (3) Expansions to port harbors, spoil disposal sites,
442 navigation channels, turning basins, harbor berths, and other
443 related inwater harbor facilities of ports listed in s.
444 403.021(9); port transportation facilities and projects listed
445 in s. 311.07(3)(b); and intermodal transportation facilities
446 identified pursuant to s. 311.09(3); and facilities determined
447 by the Department of Community Affairs and applicable general
448 purpose local government to be port-related industrial or
449 commercial projects located within 3 miles of or in a port
450 master plan area which rely upon the use of port and intermodal
451 transportation facilities may shall not be designated as
452 developments of regional impact if where such expansions,
453 projects, or facilities are consistent with comprehensive master
454 plans that are in compliance with this section.
455 Section 6. Paragraph (c) is added to subsection (2) of
456 section 163.3182, Florida Statutes, and paragraph (d) of
457 subsection (3) and subsections (4), (5), and (8) of that section
458 are amended, to read:
459 163.3182 Transportation concurrency backlogs.—
460 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
461 AUTHORITIES.—
462 (c) The Legislature finds and declares that there exists in
463 many counties and municipalities areas that have significant
464 transportation deficiencies and inadequate transportation
465 facilities; that many insufficiencies and inadequacies severely
466 limit or prohibit the satisfaction of transportation concurrency
467 standards; that the transportation insufficiencies and
468 inadequacies affect the health, safety, and welfare of the
469 residents of these counties and municipalities; that the
470 transportation insufficiencies and inadequacies adversely affect
471 economic development and growth of the tax base for the areas in
472 which these insufficiencies and inadequacies exist; and that the
473 elimination of transportation deficiencies and inadequacies and
474 the satisfaction of transportation concurrency standards are
475 paramount public purposes for the state and its counties and
476 municipalities.
477 (3) POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
478 AUTHORITY.—Each transportation concurrency backlog authority has
479 the powers necessary or convenient to carry out the purposes of
480 this section, including the following powers in addition to
481 others granted in this section:
482 (d) To borrow money, including, but not limited to, issuing
483 debt obligations such as, but not limited to, bonds, notes,
484 certificates, and similar debt instruments; to apply for and
485 accept advances, loans, grants, contributions, and any other
486 forms of financial assistance from the Federal Government or the
487 state, county, or any other public body or from any sources,
488 public or private, for the purposes of this part; to give such
489 security as may be required; to enter into and carry out
490 contracts or agreements; and to include in any contracts for
491 financial assistance with the Federal Government for or with
492 respect to a transportation concurrency backlog project and
493 related activities such conditions imposed under pursuant to
494 federal laws as the transportation concurrency backlog authority
495 considers reasonable and appropriate and which are not
496 inconsistent with the purposes of this section.
497 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.—
498 (a) Each transportation concurrency backlog authority shall
499 adopt a transportation concurrency backlog plan as a part of the
500 local government comprehensive plan within 6 months after the
501 creation of the authority. The plan must shall:
502 1. Identify all transportation facilities that have been
503 designated as deficient and require the expenditure of moneys to
504 upgrade, modify, or mitigate the deficiency.
505 2. Include a priority listing of all transportation
506 facilities that have been designated as deficient and do not
507 satisfy concurrency requirements pursuant to s. 163.3180, and
508 the applicable local government comprehensive plan.
509 3. Establish a schedule for financing and construction of
510 transportation concurrency backlog projects that will eliminate
511 transportation concurrency backlogs within the jurisdiction of
512 the authority within 10 years after the transportation
513 concurrency backlog plan adoption. The schedule shall be adopted
514 as part of the local government comprehensive plan.
515 (b) The adoption of the transportation concurrency backlog
516 plan shall be exempt from the provisions of s. 163.3187(1).
517 Notwithstanding such schedule requirements, as long as the
518 schedule provides for the elimination of all transportation
519 concurrency backlogs within 10 years after the adoption of the
520 concurrency backlog plan, the final maturity date of any debt
521 incurred to finance or refinance the related projects may be no
522 later than 40 years after the date the debt is incurred and the
523 authority may continue operations and administer the trust fund
524 established as provided in subsection (5) for as long as the
525 debt remains outstanding.
526 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
527 concurrency backlog authority shall establish a local
528 transportation concurrency backlog trust fund upon creation of
529 the authority. Each local trust fund shall be administered by
530 the transportation concurrency backlog authority within which a
531 transportation concurrency backlog has been identified. Each
532 local trust fund must continue to be funded under this section
533 for as long as the projects set forth in the related
534 transportation concurrency backlog plan remain to be completed
535 or until any debt incurred to finance or refinance the related
536 projects are no longer outstanding, whichever occurs later.
537 Beginning in the first fiscal year after the creation of the
538 authority, each local trust fund shall be funded by the proceeds
539 of an ad valorem tax increment collected within each
540 transportation concurrency backlog area to be determined
541 annually and shall be a minimum of 25 percent of the difference
542 between the amounts set forth in paragraphs (a) and (b), except
543 that if all of the affected taxing authorities agree under an
544 interlocal agreement, a particular local trust fund may be
545 funded by the proceeds of an ad valorem tax increment greater
546 than 25 percent of the difference between the amounts set forth
547 in paragraphs (a) and (b):
548 (a) The amount of ad valorem tax levied each year by each
549 taxing authority, exclusive of any amount from any debt service
550 millage, on taxable real property contained within the
551 jurisdiction of the transportation concurrency backlog authority
552 and within the transportation backlog area; and
553 (b) The amount of ad valorem taxes which would have been
554 produced by the rate upon which the tax is levied each year by
555 or for each taxing authority, exclusive of any debt service
556 millage, upon the total of the assessed value of the taxable
557 real property within the transportation concurrency backlog area
558 as shown on the most recent assessment roll used in connection
559 with the taxation of such property of each taxing authority
560 prior to the effective date of the ordinance funding the trust
561 fund.
562 (8) DISSOLUTION.—Upon completion of all transportation
563 concurrency backlog projects and repayment or defeasance of all
564 debt issued to finance or refinance such projects, a
565 transportation concurrency backlog authority shall be dissolved,
566 and its assets and liabilities shall be transferred to the
567 county or municipality within which the authority is located.
568 All remaining assets of the authority must be used for
569 implementation of transportation projects within the
570 jurisdiction of the authority. The local government
571 comprehensive plan shall be amended to remove the transportation
572 concurrency backlog plan.
573 Section 7. Paragraph (c) of subsection (9) of section
574 287.055, Florida Statutes, is amended to read:
575 287.055 Acquisition of professional architectural,
576 engineering, landscape architectural, or surveying and mapping
577 services; definitions; procedures; contingent fees prohibited;
578 penalties.—
579 (9) APPLICABILITY TO DESIGN-BUILD CONTRACTS.—
580 (c) Except as otherwise provided in s. 337.11(8) s.
581 337.11(7), the Department of Management Services shall adopt
582 rules for the award of design-build contracts to be followed by
583 state agencies. Each other agency must adopt rules or ordinances
584 for the award of design-build contracts. Municipalities,
585 political subdivisions, school districts, and school boards
586 shall award design-build contracts by the use of a competitive
587 proposal selection process as described in this subsection, or
588 by the use of a qualifications-based selection process pursuant
589 to subsections (3), (4), and (5) for entering into a contract
590 whereby the selected firm will, subsequent to competitive
591 negotiations, establish a guaranteed maximum price and
592 guaranteed completion date. If the procuring agency elects the
593 option of qualifications-based selection, during the selection
594 of the design-build firm the procuring agency shall employ or
595 retain a licensed design professional appropriate to the project
596 to serve as the agency's representative. Procedures for the use
597 of a competitive proposal selection process must include as a
598 minimum the following:
599 1. The preparation of a design criteria package for the
600 design and construction of the public construction project.
601 2. The qualification and selection of no fewer than three
602 design-build firms as the most qualified, based on the
603 qualifications, availability, and past work of the firms,
604 including the partners or members thereof.
605 3. The criteria, procedures, and standards for the
606 evaluation of design-build contract proposals or bids, based on
607 price, technical, and design aspects of the public construction
608 project, weighted for the project.
609 4. The solicitation of competitive proposals, pursuant to a
610 design criteria package, from those qualified design-build firms
611 and the evaluation of the responses or bids submitted by those
612 firms based on the evaluation criteria and procedures
613 established prior to the solicitation of competitive proposals.
614 5. For consultation with the employed or retained design
615 criteria professional concerning the evaluation of the responses
616 or bids submitted by the design-build firms, the supervision or
617 approval by the agency of the detailed working drawings of the
618 project; and for evaluation of the compliance of the project
619 construction with the design criteria package by the design
620 criteria professional.
621 6. In the case of public emergencies, for the agency head
622 to declare an emergency and authorize negotiations with the best
623 qualified design-build firm available at that time.
624 Section 8. Notwithstanding any law to the contrary, a
625 county, municipality, or special district may not own or operate
626 an asphalt plant or a portable or stationary concrete batch
627 plant having an independent mixer; however, this prohibition
628 does not apply to any county that owns or is under contract to
629 purchase an asphalt plant as of April 15, 2009, and that
630 furnishes its plant-generated asphalt solely for use by local
631 governments or companies under contract with local governments
632 for projects within the boundaries of the county. Sale of plant
633 generated asphalt to private entities or local governments
634 outside the boundaries of the county is prohibited.
635 Section 9. Present subsections (7), (8), (9), (10), (11),
636 (12), (13), (14), and (15) of section 337.11, Florida Statutes,
637 are renumbered as subsections (8), (9), (10), (11), (12), (13),
638 (14), (15), and (16), respectively, a new subsection (7) is
639 added to that section, and present subsection (7) of that
640 subsection is amended, to read:
641 337.11 Contracting authority of department; bids; emergency
642 repairs, supplemental agreements, and change orders; combined
643 design and construction contracts; progress payments; records;
644 requirements of vehicle registration.—
645 (7) If the department determines that it is in the best
646 interest of the public, the department may pay a stipend to
647 unsuccessful firms who have submitted responsive proposals for
648 construction or maintenance contracts. The decision and amount
649 of a stipend must be based upon the department's analysis of the
650 estimated proposal development costs and the anticipated degree
651 of competition during the procurement process. Stipends must be
652 used to encourage competition and compensate unsuccessful firms
653 for a portion of their proposal development costs. The
654 department shall retain the right to use ideas from unsuccessful
655 firms that accept a stipend.
656 (8)(7)(a) If the head of the department determines that it
657 is in the best interests of the public, the department may
658 combine the design and construction phases of a building, a
659 major bridge, a limited access facility, or a rail corridor
660 project into a single contract. Such contract is referred to as
661 a design-build contract. The department's goal is to procure up
662 to 25 percent of the construction contracts that add capacity in
663 the 5-year adopted work program as design-build contracts by
664 July 1, 2014. Design-build contracts may be advertised and
665 awarded notwithstanding the requirements of paragraph (3)(c).
666 However, construction activities may not begin on any portion of
667 such projects for which the department has not yet obtained
668 title to the necessary rights-of-way and easements for the
669 construction of that portion of the project has vested in the
670 state or a local governmental entity and all railroad crossing
671 and utility agreements have been executed. Title to rights-of
672 way shall be deemed to have vested in the state when the title
673 has been dedicated to the public or acquired by prescription.
674 (b) The department shall adopt by rule procedures for
675 administering design-build contracts. Such procedures shall
676 include, but not be limited to:
677 1. Prequalification requirements.
678 2. Public announcement procedures.
679 3. Scope of service requirements.
680 4. Letters of interest requirements.
681 5. Short-listing criteria and procedures.
682 6. Bid proposal requirements.
683 7. Technical review committee.
684 8. Selection and award processes.
685 9. Stipend requirements.
686 (c) The department must receive at least three letters of
687 interest in order to proceed with a request for proposals. The
688 department shall request proposals from no fewer than three of
689 the design-build firms submitting letters of interest. If a
690 design-build firm withdraws from consideration after the
691 department requests proposals, the department may continue if at
692 least two proposals are received.
693 Section 10. Subsection (7) of section 337.14, Florida
694 Statutes, is amended to read:
695 337.14 Application for qualification; certificate of
696 qualification; restrictions; request for hearing.—
697 (7) No “contractor” as defined in s. 337.165(1)(d) or his
698 or her “affiliate” as defined in s. 337.165(1)(a) qualified with
699 the department under this section may also qualify under s.
700 287.055 or s. 337.105 to provide testing services, construction,
701 engineering, and inspection services to the department. This
702 limitation does shall not apply to any design-build
703 prequalification under s. 337.11(8) s. 337.11(7).
704 Section 11. Subsection (2) of section 337.16, Florida
705 Statutes, is amended to read:
706 337.16 Disqualification of delinquent contractors from
707 bidding; determination of contractor nonresponsibility; denial,
708 suspension, and revocation of certificates of qualification;
709 grounds; hearing.—
710 (2) For reasons other than delinquency in progress, the
711 department, for good cause, may determine any contractor not
712 having a certificate of qualification nonresponsible for a
713 specified period of time or may deny, suspend, or revoke any
714 certificate of qualification. Good cause includes, but is not
715 limited to, circumstances in which a contractor or the
716 contractor's official representative:
717 (a) Makes or submits to the department false, deceptive, or
718 fraudulent statements or materials in any bid proposal to the
719 department, any application for a certificate of qualification,
720 any certification of payment pursuant to s. 337.11(11) s.
721 337.11(10), or any administrative or judicial proceeding;
722 (b) Becomes insolvent or is the subject of a bankruptcy
723 petition;
724 (c) Fails to comply with contract requirements, in terms of
725 payment or performance record, or to timely furnish contract
726 documents as required by the contract or by any state or federal
727 statute or regulation;
728 (d) Wrongfully employs or otherwise provides compensation
729 to any employee or officer of the department, or willfully
730 offers an employee or officer of the department any pecuniary or
731 other benefit with the intent to influence the employee or
732 officer's official action or judgment;
733 (e) Is an affiliate of a contractor who has been determined
734 nonresponsible or whose certificate of qualification has been
735 suspended or revoked and the affiliate is dependent upon such
736 contractor for personnel, equipment, bonding capacity, or
737 finances; or
738 (f) Fails to register, pursuant to chapter 320, motor
739 vehicles that he or she operates in this state.
740 Section 12. Paragraph (b) of subsection (1) of section
741 337.18, Florida Statutes, is amended to read:
742 337.18 Surety bonds for construction or maintenance
743 contracts; requirement with respect to contract award; bond
744 requirements; defaults; damage assessments.—
745 (1)
746 (b) Before beginning any work under the contract, the
747 contractor shall maintain a copy of the payment and performance
748 bond required under this section at its principal place of
749 business and at the jobsite office, if one is established, and
750 the contractor shall provide a copy of the payment and
751 performance bond within 5 days after receiving a written request
752 for the bond. A copy of the payment and performance bond
753 required under this section may also be obtained directly from
754 the department by making a request pursuant to chapter 119. Upon
755 execution of the contract, and prior to beginning any work under
756 the contract, the contractor shall record in the public records
757 of the county where the improvement is located the payment and
758 performance bond required under this section. A claimant has
759 shall have a right of action against the contractor and surety
760 for the amount due him or her, including unpaid finance charges
761 due under the claimant's contract. The Such action may shall not
762 involve the department in any expense.
763 Section 13. Subsections (1), (2), and (7) of section
764 337.185, Florida Statutes, are amended to read:
765 337.185 State Arbitration Board.—
766 (1) To facilitate the prompt settlement of claims for
767 additional compensation arising out of construction and
768 maintenance contracts between the department and the various
769 contractors with whom it transacts business, the Legislature
770 does hereby establish the State Arbitration Board, referred to
771 in this section as the “board.” For the purpose of this section,
772 the term “claim” means shall mean the aggregate of all
773 outstanding claims by a party arising out of a construction or
774 maintenance contract. Every contractual claim in an amount up to
775 $250,000 per contract or, at the claimant's option, up to
776 $500,000 per contract or, upon agreement of the parties, up to
777 $1 million per contract that cannot be resolved by negotiation
778 between the department and the contractor shall be arbitrated by
779 the board after acceptance of the project by the department. As
780 an exception, either party to the dispute may request that the
781 claim be submitted to binding private arbitration. A court of
782 law may not consider the settlement of such a claim until the
783 process established by this section has been exhausted.
784 (2) The board shall be composed of three members. One
785 member shall be appointed by the head of the department, and one
786 member shall be elected by those construction or maintenance
787 companies who are under contract with the department. The third
788 member shall be chosen by agreement of the other two members.
789 Whenever the third member has a conflict of interest regarding
790 affiliation with one of the parties, the other two members shall
791 select an alternate member for that hearing. The head of the
792 department may select an alternative or substitute to serve as
793 the department member for any hearing or term. Each member shall
794 serve a 2-year term. The board shall elect a chair, each term,
795 who shall be the administrator of the board and custodian of its
796 records.
797 (7) The members of the board may receive compensation for
798 the performance of their duties hereunder, from administrative
799 fees received by the board, except that no employee of the
800 department may receive compensation from the board. The
801 compensation amount shall be determined by the board, but may
802 shall not exceed $125 per hour, up to a maximum of $1,000 per
803 day for each member authorized to receive compensation. Nothing
804 in This section does not shall prevent the member elected by
805 construction or maintenance companies from being an employee of
806 an association affiliated with the industry, even if the sole
807 responsibility of that member is service on the board. Travel
808 expenses for the industry member may be paid by an industry
809 association, if necessary. The board may allocate funds annually
810 for clerical and other administrative services.
811 Section 14. Subsection (1) of section 337.403, Florida
812 Statutes, is amended to read:
813 337.403 Relocation of utility; expenses.—
814 (1) Any utility heretofore or hereafter placed upon, under,
815 over, or along any public road or publicly owned rail corridor
816 that is found by the authority to be unreasonably interfering in
817 any way with the convenient, safe, or continuous use, or the
818 maintenance, improvement, extension, or expansion, of such
819 public road or publicly owned rail corridor shall, upon 30 days'
820 written notice to the utility or its agent by the authority, be
821 removed or relocated by such utility at its own expense except
822 as provided in paragraphs (a)-(f) (a), (b), and (c).
823 (a) If the relocation of utility facilities, as referred to
824 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
825 627 of the 84th Congress, is necessitated by the construction of
826 a project on the federal-aid interstate system, including
827 extensions thereof within urban areas, and the cost of the such
828 project is eligible and approved for reimbursement by the
829 Federal Government to the extent of 90 percent or more under the
830 Federal Aid Highway Act, or any amendment thereof, then in that
831 event the utility owning or operating such facilities shall
832 relocate the such facilities upon order of the department, and
833 the state shall pay the entire expense properly attributable to
834 such relocation after deducting therefrom any increase in the
835 value of the new facility and any salvage value derived from the
836 old facility.
837 (b) When a joint agreement between the department and the
838 utility is executed for utility improvement, relocation, or
839 removal work to be accomplished as part of a contract for
840 construction of a transportation facility, the department may
841 participate in those utility improvement, relocation, or removal
842 costs that exceed the department's official estimate of the cost
843 of the such work by more than 10 percent. The amount of such
844 participation shall be limited to the difference between the
845 official estimate of all the work in the joint agreement plus 10
846 percent and the amount awarded for this work in the construction
847 contract for such work. The department may not participate in
848 any utility improvement, relocation, or removal costs that occur
849 as a result of changes or additions during the course of the
850 contract.
851 (c) When an agreement between the department and utility is
852 executed for utility improvement, relocation, or removal work to
853 be accomplished in advance of a contract for construction of a
854 transportation facility, the department may participate in the
855 cost of clearing and grubbing necessary to perform such work.
856 (d) If the utility facility being removed or relocated was
857 initially installed to exclusively serve the department, its
858 tenants, or both, the department shall bear the costs of
859 removing or relocating that utility facility. However, the
860 department is not responsible for bearing the cost of removing
861 or relocating any subsequent additions to that facility for the
862 purpose of serving others.
863 (e) If, under an agreement between a utility and the
864 authority entered into after the effective date of this
865 subsection, the utility conveys, subordinates, or relinquishes a
866 compensable property right to the authority for the purpose of
867 accommodating the acquisition or use of the right-of-way by the
868 authority, without the agreement expressly addressing future
869 responsibility for the cost of removing or relocating the
870 utility, the authority shall bear the cost of removal or
871 relocation. This paragraph does not impair or restrict, and may
872 not be used to interpret, the terms of any such agreement
873 entered into before the effective date of this paragraph.
874 (f) If the utility is an electric facility being relocated
875 underground in order to enhance vehicular, bicycle, and
876 pedestrian safety and in which ownership of the electric
877 facility to be placed underground has been transferred from a
878 private to a public utility within the past 5 years, the
879 department shall incur all costs of the relocation.
880 Section 15. Subsections (4) and (5) of section 337.408,
881 Florida Statutes, are amended, present subsection (7) of that
882 section is renumbered as subsection (8), and a new subsection
883 (7) is added to that section, to read:
884 337.408 Regulation of benches, transit shelters, street
885 light poles, waste disposal receptacles, and modular news racks
886 within rights-of-way.—
887 (4) The department has the authority to direct the
888 immediate relocation or removal of any bench, transit shelter,
889 waste disposal receptacle, public pay telephone, or modular news
890 rack that which endangers life or property, except that transit
891 bus benches that were which have been placed in service before
892 prior to April 1, 1992, are not required to comply with bench
893 size and advertising display size requirements which have been
894 established by the department before prior to March 1, 1992. Any
895 transit bus bench that was in service before prior to April 1,
896 1992, may be replaced with a bus bench of the same size or
897 smaller, if the bench is damaged or destroyed or otherwise
898 becomes unusable. The department may is authorized to adopt
899 rules relating to the regulation of bench size and advertising
900 display size requirements. If a municipality or county within
901 which a bench is to be located has adopted an ordinance or other
902 applicable regulation that establishes bench size or advertising
903 display sign requirements different from requirements specified
904 in department rule, the local government requirement applies
905 shall be applicable within the respective municipality or
906 county. Placement of any bench or advertising display on the
907 National Highway System under a local ordinance or regulation
908 adopted under pursuant to this subsection is shall be subject to
909 approval of the Federal Highway Administration.
910 (5) A No bench, transit shelter, waste disposal receptacle,
911 public pay telephone, or modular news rack, or advertising
912 thereon, may not shall be erected or so placed on the right-of
913 way of any road in a manner that which conflicts with the
914 requirements of federal law, regulations, or safety standards,
915 thereby causing the state or any political subdivision the loss
916 of federal funds. Competition among persons seeking to provide
917 bench, transit shelter, waste disposal receptacle, public pay
918 telephone, or modular news rack services or advertising on such
919 benches, shelters, receptacles, public pay telephone, or news
920 racks may be regulated, restricted, or denied by the appropriate
921 local government entity consistent with the provisions of this
922 section.
923 (7) A public pay telephone, including advertising displayed
924 thereon, may be installed within the right-of-way limits of any
925 municipal, county, or state road, except on a limited access
926 highway, if the pay telephone is installed by a provider duly
927 authorized and regulated by the Public Service Commission under
928 s. 364.3375, if the pay telephone is operated in accordance with
929 all applicable state and federal telecommunications regulations,
930 and if written authorization has been given to a public pay
931 telephone provider by the appropriate municipal or county
932 government. Each advertisement must be limited to a size no
933 greater than 8 square feet and a public pay telephone booth may
934 not display more than three advertisements at any given time. An
935 advertisement is not allowed on public pay telephones located in
936 rest areas, welcome centers, or other such facilities located on
937 an interstate highway.
938 Section 16. Subsection (6) is added to section 338.01,
939 Florida Statutes, to read:
940 338.01 Authority to establish and regulate limited access
941 facilities.—
942 (6) All new limited access facilities and existing
943 transportation facilities on which new or replacement electronic
944 toll collection systems are installed shall be interoperable
945 with the department's electronic toll-collection system.
946 Section 17. Present subsections (7) and (8) of section
947 338.165, Florida Statutes, are renumbered as subsections (8) and
948 (9), respectively, and a new subsection (7) is added to that
949 section, to read:
950 338.165 Continuation of tolls.—
951 (7) This section does not apply to high-occupancy toll
952 lanes or express lanes.
953 Section 18. Section 338.166, Florida Statutes, is created
954 to read:
955 338.166 High-occupancy toll lanes or express lanes.—
956 (1) LEGISLATIVE FINDINGS.—
957 (a) The Legislature finds that under s. 11, Art. VII of the
958 State Constitution, the Department of Transportation may request
959 the Division of Bond Finance to issue bonds secured by toll
960 revenues collected on high-occupancy toll lanes or express lanes
961 located on Interstate 95 in Miami-Dade and Broward Counties.
962 (b) The department may continue to collect the toll on the
963 high-occupancy toll lanes or express lanes after the discharge
964 of any bond indebtedness related to such project.
965 (c) All tolls so collected must first be used to pay the
966 annual cost of the operation, maintenance, and improvement of
967 the high-occupancy toll lanes or express lanes project or
968 associated transportation system. Any remaining toll revenue
969 from the high-occupancy toll lanes or express lanes must be used
970 by the department for the construction, maintenance, or
971 improvement of any road on the State Highway System.
972 (2) POWERS TO CONTINUE COLLECTING TOLLS.—Pursuant to law,
973 the department may continue to collect the toll on the high
974 occupancy toll lanes or express lanes, implement variable rate
975 tolls on high-occupancy toll lanes or express lanes, and
976 allocate the collected tolls as authorized by law.
977 (3) SPECIFIC LIMITATIONS.—Except for high-occupancy toll
978 lanes or express lanes, tolls may not be charged for use of an
979 interstate highway when tolls were not charged as of July 1,
980 1997. This section does not apply to the turnpike system as
981 defined under the Florida Turnpike Enterprise Law.
982 Section 19. Paragraph (d) is added to subsection (1) of
983 section 338.2216, Florida Statutes, to read:
984 338.2216 Florida Turnpike Enterprise; powers and
985 authority.—
986 (1)
987 (d) The Florida Turnpike Enterprise shall pursue and
988 implement new technologies and processes in its operations and
989 collection of tolls and the collection of other amounts
990 associated with road and infrastructure usage. Such technologies
991 and processes must include, without limitation, video billing
992 and variable pricing.
993 Section 20. Paragraph (b) of subsection (1) of section
994 338.223, Florida Statutes, is amended to read:
995 338.223 Proposed turnpike projects.—
996 (1)
997 (b) Any proposed turnpike project or improvement must shall
998 be developed in accordance with the Florida Transportation Plan
999 and the work program under pursuant to s. 339.135. Turnpike
1000 projects that add capacity, alter access, affect feeder roads,
1001 or affect the operation of the local transportation system must
1002 shall be included in the transportation improvement plan of the
1003 affected metropolitan planning organization. If such turnpike
1004 project does not fall within the jurisdiction of a metropolitan
1005 planning organization, the department shall notify the affected
1006 county and provide for public hearings in accordance with s.
1007 339.155(5)(c) s.339.155(6)(c).
1008 Section 21. Section 338.231, Florida Statutes, is amended
1009 to read:
1010 338.231 Turnpike tolls, fixing; pledge of tolls and other
1011 revenues.—The department shall at all times fix, adjust, charge,
1012 and collect such tolls and amounts for the use of the turnpike
1013 system as are required in order to provide a fund sufficient
1014 with other revenues of the turnpike system to pay the cost of
1015 maintaining, improving, repairing, and operating such turnpike
1016 system; to pay the principal of and interest on all bonds issued
1017 to finance or refinance any portion of the turnpike system as
1018 the same become due and payable; and to create reserves for all
1019 such purposes.
1020 (1) In the process of effectuating toll rate increases over
1021 the period 1988 through 1992, the department shall, to the
1022 maximum extent feasible, equalize the toll structure, within
1023 each vehicle classification, so that the per mile toll rate will
1024 be approximately the same throughout the turnpike system. New
1025 turnpike projects may have toll rates higher than the uniform
1026 system rate where such higher toll rates are necessary to
1027 qualify the project in accordance with the financial criteria in
1028 the turnpike law. Such higher rates may be reduced to the
1029 uniform system rate when the project is generating sufficient
1030 revenues to pay the full amount of debt service and operating
1031 and maintenance costs at the uniform system rate. If, after 15
1032 years of opening to traffic, the annual revenue of a turnpike
1033 project does not meet or exceed the annual debt service
1034 requirements and operating and maintenance costs attributable to
1035 such project, the department shall, to the maximum extent
1036 feasible, establish a toll rate for the project which is higher
1037 than the uniform system rate as necessary to meet such annual
1038 debt service requirements and operating and maintenance costs.
1039 The department may, to the extent feasible, establish a
1040 temporary toll rate at less than the uniform system rate for the
1041 purpose of building patronage for the ultimate benefit of the
1042 turnpike system. In no case shall the temporary rate be
1043 established for more than 1 year. The requirements of this
1044 subsection shall not apply when the application of such
1045 requirements would violate any covenant established in a
1046 resolution or trust indenture relating to the issuance of
1047 turnpike bonds.
1048 (1)(2) Notwithstanding any other provision of law, the
1049 department may defer the scheduled July 1, 1993, toll rate
1050 increase on the Homestead Extension of the Florida Turnpike
1051 until July 1, 1995. The department may also advance funds to the
1052 Turnpike General Reserve Trust Fund to replace estimated lost
1053 revenues resulting from this deferral. The amount advanced must
1054 be repaid within 12 years from the date of advance; however, the
1055 repayment is subordinate to all other debt financing of the
1056 turnpike system outstanding at the time repayment is due.
1057 (2)(3) The department shall publish a proposed change in
1058 the toll rate for the use of an existing toll facility, in the
1059 manner provided for in s. 120.54, which will provide for public
1060 notice and the opportunity for a public hearing before the
1061 adoption of the proposed rate change. When the department is
1062 evaluating a proposed turnpike toll project under s. 338.223 and
1063 has determined that there is a high probability that the project
1064 will pass the test of economic feasibility predicated on
1065 proposed toll rates, the toll rate that is proposed to be
1066 charged after the project is constructed must be adopted during
1067 the planning and project development phase of the project, in
1068 the manner provided for in s. 120.54, including public notice
1069 and the opportunity for a public hearing. For such a new
1070 project, the toll rate becomes effective upon the opening of the
1071 project to traffic.
1072 (3)(a)(4) For the period July 1, 1998, through June 30,
1073 2017, the department shall, to the maximum extent feasible,
1074 program sufficient funds in the tentative work program such that
1075 the percentage of turnpike toll and bond financed commitments in
1076 Miami-Dade County, Broward County, and Palm Beach County as
1077 compared to total turnpike toll and bond financed commitments
1078 shall be at least 90 percent of the share of net toll
1079 collections attributable to users of the turnpike system in
1080 Miami-Dade County, Broward County, and Palm Beach County as
1081 compared to total net toll collections attributable to users of
1082 the turnpike system. The requirements of This subsection does do
1083 not apply when the application of such requirements would
1084 violate any covenant established in a resolution or trust
1085 indenture relating to the issuance of turnpike bonds. The
1086 department may at any time for economic considerations establish
1087 lower temporary toll rates for a new or existing toll facility
1088 for a period not to exceed 1 year, after which the toll rates
1089 adopted pursuant to s. 120.54 shall become effective.
1090 (b) The department shall also fix, adjust, charge, and
1091 collect such amounts needed to cover the costs of administering
1092 the different toll-collection and payment methods, and types of
1093 accounts being offered and used, in the manner provided for in
1094 s. 120.54 which will provide for public notice and the
1095 opportunity for a public hearing before adoption. Such amounts
1096 may stand alone, be incorporated in a toll rate structure, or be
1097 a combination of the two.
1098 (4)(5) When bonds are outstanding which have been issued to
1099 finance or refinance any turnpike project, the tolls and all
1100 other revenues derived from the turnpike system and pledged to
1101 such bonds shall be set aside as may be provided in the
1102 resolution authorizing the issuance of such bonds or the trust
1103 agreement securing the same. The tolls or other revenues or
1104 other moneys so pledged and thereafter received by the
1105 department are immediately subject to the lien of such pledge
1106 without any physical delivery thereof or further act. The lien
1107 of any such pledge is valid and binding as against all parties
1108 having claims of any kind in tort or contract or otherwise
1109 against the department irrespective of whether such parties have
1110 notice thereof. Neither the resolution nor any trust agreement
1111 by which a pledge is created need be filed or recorded except in
1112 the records of the department.
1113 (5)(6) In each fiscal year while any of the bonds of the
1114 Broward County Expressway Authority series 1984 and series 1986
1115 A remain outstanding, the department is authorized to pledge
1116 revenues from the turnpike system to the payment of principal
1117 and interest of such series of bonds and the operation and
1118 maintenance expenses of the Sawgrass Expressway, to the extent
1119 gross toll revenues of the Sawgrass Expressway are insufficient
1120 to make such payments. The terms of an agreement relative to the
1121 pledge of turnpike system revenue will be negotiated with the
1122 parties of the 1984 and 1986 Broward County Expressway Authority
1123 lease-purchase agreements, and subject to the covenants of those
1124 agreements. The agreement must shall establish that the Sawgrass
1125 Expressway is shall be subject to the planning, management, and
1126 operating control of the department limited only by the terms of
1127 the lease-purchase agreements. The department shall provide for
1128 the payment of operation and maintenance expenses of the
1129 Sawgrass Expressway until such agreement is in effect. This
1130 pledge of turnpike system revenues is shall be subordinate to
1131 the debt service requirements of any future issue of turnpike
1132 bonds, the payment of turnpike system operation and maintenance
1133 expenses, and subject to provisions of any subsequent resolution
1134 or trust indenture relating to the issuance of such turnpike
1135 bonds.
1136 (6)(7) The use and disposition of revenues pledged to bonds
1137 are subject to the provisions of ss. 338.22-338.241 and such
1138 regulations as the resolution authorizing the issuance of the
1139 such bonds or such trust agreement may provide.
1140 Section 22. Subsection (4) of section 339.12, Florida
1141 Statutes, is amended to read:
1142 339.12 Aid and contributions by governmental entities for
1143 department projects; federal aid.—
1144 (4)(a) Before Prior to accepting the contribution of road
1145 bond proceeds, time warrants, or cash for which reimbursement is
1146 sought, the department shall enter into agreements with the
1147 governing body of the governmental entity for the project or
1148 project phases in accordance with specifications agreed upon
1149 between the department and the governing body of the
1150 governmental entity. The department may not in no instance is to
1151 receive from such governmental entity an amount in excess of the
1152 actual cost of the project or project phase. By specific
1153 provision in the written agreement between the department and
1154 the governing body of the governmental entity, the department
1155 may agree to reimburse the governmental entity for the actual
1156 amount of the bond proceeds, time warrants, or cash used on a
1157 highway project or project phases that are not revenue producing
1158 and are contained in the department's adopted work program, or
1159 any public transportation project contained in the adopted work
1160 program. Subject to appropriation of funds by the Legislature,
1161 the department may commit state funds for reimbursement of such
1162 projects or project phases. Reimbursement to the governmental
1163 entity for such a project or project phase must be made from
1164 funds appropriated by the Legislature, and reimbursement for the
1165 cost of the project or project phase is to begin in the year the
1166 project or project phase is scheduled in the work program as of
1167 the date of the agreement. Funds advanced under pursuant to this
1168 section, which were originally designated for transportation
1169 purposes and so reimbursed to a county or municipality, shall be
1170 used by the county or municipality for any transportation
1171 expenditure authorized under s. 336.025(7). Also, cities and
1172 counties may receive funds from persons, and reimburse those
1173 persons, for the purposes of this section. Such persons may
1174 include, but are not limited to, those persons defined in s.
1175 607.01401(19).
1176 (b) Before Prior to entering an agreement to advance a
1177 project or project phase under pursuant to this subsection and
1178 subsection (5), the department shall first update the estimated
1179 cost of the project or project phase and certify that the
1180 estimate is accurate and consistent with the amount estimated in
1181 the adopted work program. If the original estimate and the
1182 updated estimate vary, the department shall amend the adopted
1183 work program according to the amendatory procedures for the work
1184 program set forth in s. 339.135(7). The amendment shall reflect
1185 all corresponding increases and decreases to the affected
1186 projects within the adopted work program.
1187 (c) The department may enter into agreements under this
1188 subsection for a project or project phase not included in the
1189 adopted work program. As used in this paragraph, the term
1190 “project phase” means acquisition of rights-of-way,
1191 construction, construction inspection, and related support
1192 phases. The project or project phase must be a high priority of
1193 the governmental entity. Reimbursement for a project or project
1194 phase must be made from funds appropriated by the Legislature
1195 pursuant to s. 339.135(5). All other provisions of this
1196 subsection apply to agreements entered into under this
1197 paragraph. The total amount of project agreements for projects
1198 or project phases not included in the adopted work program
1199 authorized by this paragraph may not at any time exceed $250
1200 $100 million. However, notwithstanding the $250 such $100
1201 million limit and any similar limit in s. 334.30, project
1202 advances for any inland county that has with a population
1203 greater than 500,000 dedicating amounts equal to $500 million or
1204 more of its Local Government Infrastructure Surtax pursuant to
1205 s. 212.055(2) for improvements to the State Highway System which
1206 are included in the local metropolitan planning organization's
1207 or the department's long-range transportation plans shall be
1208 excluded from the calculation of the statewide limit of project
1209 advances.
1210 (d) The department may enter into agreements under this
1211 subsection with any county that has a population of 150,000 or
1212 fewer as determined by the most recent official estimate under
1213 s. 186.901 for a project or project phase not included in the
1214 adopted work program. As used in this paragraph, the term
1215 “project phase” means acquisition of rights-of-way,
1216 construction, construction inspection, and related support
1217 phases. The project or project phase must be a high priority of
1218 the governmental entity. Reimbursement for a project or project
1219 phase must be made from funds appropriated by the Legislature
1220 under s. 339.135(5). All other provisions of this subsection
1221 apply to agreements entered into under this paragraph. The total
1222 amount of project agreements for projects or project phases not
1223 included in the adopted work program authorized by this
1224 paragraph may not at any time exceed $200 million. The project
1225 must be included in the local government's adopted comprehensive
1226 plan. The department may enter into long-term repayment
1227 agreements of up to 30 years.
1228 Section 23. Paragraph (d) of subsection (7) of section
1229 339.135, Florida Statutes, is amended to read:
1230 339.135 Work program; legislative budget request;
1231 definitions; preparation, adoption, execution, and amendment.—
1232 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1233 (d)1. Whenever the department proposes any amendment to the
1234 adopted work program, as defined in subparagraph (c)1. or
1235 subparagraph (c)3., which deletes or defers a construction phase
1236 on a capacity project, it shall notify each county affected by
1237 the amendment and each municipality within the county. The
1238 notification shall be issued in writing to the chief elected
1239 official of each affected county, each municipality within the
1240 county, and the chair of each affected metropolitan planning
1241 organization. Each affected county and each municipality in the
1242 county is encouraged to coordinate with each other in order to
1243 determine how the amendment affects local concurrency management
1244 and regional transportation planning efforts. Each affected
1245 county, and each municipality within the county, shall have 14
1246 days to provide written comments to the department regarding how
1247 the amendment will affect its respective concurrency management
1248 systems, including whether any development permits were issued
1249 contingent upon the capacity improvement, if applicable. After
1250 receipt of written comments from the affected local governments,
1251 the department shall include any written comments submitted by
1252 such local governments in its preparation of the proposed
1253 amendment.
1254 2. Following the 14-day comment period in subparagraph 1.,
1255 if applicable, whenever the department proposes any amendment to
1256 the adopted work program, which amendment is defined in
1257 subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
1258 subparagraph (c)4., it shall submit the proposed amendment to
1259 the Governor for approval and shall immediately notify the
1260 chairs of the legislative appropriations committees, the chairs
1261 of the legislative transportation committees, each member of the
1262 Legislature who represents a district affected by the proposed
1263 amendment. It shall also notify, each metropolitan planning
1264 organization affected by the proposed amendment, and each unit
1265 of local government affected by the proposed amendment, unless
1266 it provided to each the notification required by subparagraph 1.
1267 Such proposed amendment shall provide a complete justification
1268 of the need for the proposed amendment.
1269 3.2. The Governor may shall not approve a proposed
1270 amendment until 14 days following the notification required in
1271 subparagraph 2. 1.
1272 4.3. If either of the chairs of the legislative
1273 appropriations committees or the President of the Senate or the
1274 Speaker of the House of Representatives objects in writing to a
1275 proposed amendment within 14 days following notification and
1276 specifies the reasons for such objection, the Governor shall
1277 disapprove the proposed amendment.
1278 Section 24. Section 339.155, Florida Statutes, is amended
1279 to read:
1280 339.155 Transportation planning.—
1281 (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
1282 develop and annually update a statewide transportation plan, to
1283 be known as the Florida Transportation Plan. The plan shall be
1284 designed so as to be easily read and understood by the general
1285 public. The purpose of the Florida Transportation Plan is to
1286 establish and define the state's long-range transportation goals
1287 and objectives to be accomplished over a period of at least 20
1288 years within the context of the State Comprehensive Plan, and
1289 any other statutory mandates and authorizations and based upon
1290 the prevailing principles of: preserving the existing
1291 transportation infrastructure; enhancing Florida's economic
1292 competitiveness; and improving travel choices to ensure
1293 mobility. The Florida Transportation Plan shall consider the
1294 needs of the entire state transportation system and examine the
1295 use of all modes of transportation to effectively and
1296 efficiently meet such needs.
1297 (2) SCOPE OF PLANNING PROCESS.—The department shall carry
1298 out a transportation planning process in conformance with s.
1299 334.046(1). which provides for consideration of projects and
1300 strategies that will:
1301 (a) Support the economic vitality of the United States,
1302 Florida, and the metropolitan areas, especially by enabling
1303 global competitiveness, productivity, and efficiency;
1304 (b) Increase the safety and security of the transportation
1305 system for motorized and nonmotorized users;
1306 (c) Increase the accessibility and mobility options
1307 available to people and for freight;
1308 (d) Protect and enhance the environment, promote energy
1309 conservation, and improve quality of life;
1310 (e) Enhance the integration and connectivity of the
1311 transportation system, across and between modes throughout
1312 Florida, for people and freight;
1313 (f) Promote efficient system management and operation; and
1314 (g) Emphasize the preservation of the existing
1315 transportation system.
1316 (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
1317 Transportation Plan shall be a unified, concise planning
1318 document that clearly defines the state's long-range
1319 transportation goals and objectives and documents the
1320 department's short-range objectives developed to further such
1321 goals and objectives. The plan must: shall
1322 (a) Include a glossary that clearly and succinctly defines
1323 any and all phrases, words, or terms of art included in the
1324 plan, with which the general public may be unfamiliar. and shall
1325 consist of, at a minimum, the following components:
1326 (b)(a) Document A long-range component documenting the
1327 goals and long-term objectives necessary to implement the
1328 results of the department's findings from its examination of the
1329 prevailing principles and criteria provided under listed in
1330 subsection (2) and s. 334.046(1). The long-range component must
1331 (c) Be developed in cooperation with the metropolitan
1332 planning organizations and reconciled, to the maximum extent
1333 feasible, with the long-range plans developed by metropolitan
1334 planning organizations pursuant to s. 339.175. The plan must
1335 also
1336 (d) Be developed in consultation with affected local
1337 officials in nonmetropolitan areas and with any affected Indian
1338 tribal governments. The plan must
1339 (e) Provide an examination of transportation issues likely
1340 to arise during at least a 20-year period. The long-range
1341 component shall
1342 (f) Be updated at least once every 5 years, or more often
1343 as necessary, to reflect substantive changes to federal or state
1344 law.
1345 (b) A short-range component documenting the short-term
1346 objectives and strategies necessary to implement the goals and
1347 long-term objectives contained in the long-range component. The
1348 short-range component must define the relationship between the
1349 long-range goals and the short-range objectives, specify those
1350 objectives against which the department's achievement of such
1351 goals will be measured, and identify transportation strategies
1352 necessary to efficiently achieve the goals and objectives in the
1353 plan. It must provide a policy framework within which the
1354 department's legislative budget request, the strategic
1355 information resource management plan, and the work program are
1356 developed. The short-range component shall serve as the
1357 department's annual agency strategic plan pursuant to s.
1358 186.021. The short-range component shall be developed consistent
1359 with available and forecasted state and federal funds. The
1360 short-range component shall also be submitted to the Florida
1361 Transportation Commission.
1362 (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
1363 an annual performance report evaluating the operation of the
1364 department for the preceding fiscal year. The report shall also
1365 include a summary of the financial operations of the department
1366 and shall annually evaluate how well the adopted work program
1367 meets the short-term objectives contained in the short-range
1368 component of the Florida Transportation Plan. This performance
1369 report shall be submitted to the Florida Transportation
1370 Commission and the legislative appropriations and transportation
1371 committees.
1372 (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
1373 (a) Upon request by local governmental entities, the
1374 department may in its discretion develop and design
1375 transportation corridors, arterial and collector streets,
1376 vehicular parking areas, and other support facilities which are
1377 consistent with the plans of the department for major
1378 transportation facilities. The department may render to local
1379 governmental entities or their planning agencies such technical
1380 assistance and services as are necessary so that local plans and
1381 facilities are coordinated with the plans and facilities of the
1382 department.
1383 (b) Each regional planning council, as provided for in s.
1384 186.504, or any successor agency thereto, shall develop, as an
1385 element of its strategic regional policy plan, transportation
1386 goals and policies. The transportation goals and policies must
1387 be prioritized to comply with the prevailing principles provided
1388 in subsection (2) and s. 334.046(1). The transportation goals
1389 and policies shall be consistent, to the maximum extent
1390 feasible, with the goals and policies of the metropolitan
1391 planning organization and the Florida Transportation Plan. The
1392 transportation goals and policies of the regional planning
1393 council will be advisory only and shall be submitted to the
1394 department and any affected metropolitan planning organization
1395 for their consideration and comments. Metropolitan planning
1396 organization plans and other local transportation plans shall be
1397 developed consistent, to the maximum extent feasible, with the
1398 regional transportation goals and policies. The regional
1399 planning council shall review urbanized area transportation
1400 plans and any other planning products stipulated in s. 339.175
1401 and provide the department and respective metropolitan planning
1402 organizations with written recommendations which the department
1403 and the metropolitan planning organizations shall take under
1404 advisement. Further, the regional planning councils shall
1405 directly assist local governments which are not part of a
1406 metropolitan area transportation planning process in the
1407 development of the transportation element of their comprehensive
1408 plans as required by s. 163.3177.
1409 (c) Regional transportation plans may be developed in
1410 regional transportation areas in accordance with an interlocal
1411 agreement entered into pursuant to s. 163.01 by two or more
1412 contiguous metropolitan planning organizations; one or more
1413 metropolitan planning organizations and one or more contiguous
1414 counties, none of which is a member of a metropolitan planning
1415 organization; a multicounty regional transportation authority
1416 created by or pursuant to law; two or more contiguous counties
1417 that are not members of a metropolitan planning organization; or
1418 metropolitan planning organizations comprised of three or more
1419 counties.
1420 (d) The interlocal agreement must, at a minimum, identify
1421 the entity that will coordinate the development of the regional
1422 transportation plan; delineate the boundaries of the regional
1423 transportation area; provide the duration of the agreement and
1424 specify how the agreement may be terminated, modified, or
1425 rescinded; describe the process by which the regional
1426 transportation plan will be developed; and provide how members
1427 of the entity will resolve disagreements regarding
1428 interpretation of the interlocal agreement or disputes relating
1429 to the development or content of the regional transportation
1430 plan. Such interlocal agreement shall become effective upon its
1431 recordation in the official public records of each county in the
1432 regional transportation area.
1433 (e) The regional transportation plan developed pursuant to
1434 this section must, at a minimum, identify regionally significant
1435 transportation facilities located within a regional
1436 transportation area and contain a prioritized list of regionally
1437 significant projects. The level-of-service standards for
1438 facilities to be funded under this subsection shall be adopted
1439 by the appropriate local government in accordance with s.
1440 163.3180(10). The projects shall be adopted into the capital
1441 improvements schedule of the local government comprehensive plan
1442 pursuant to s. 163.3177(3).
1443 (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
1444 TRANSPORTATION PLANNING.—
1445 (a) During the development of the long-range component of
1446 the Florida Transportation Plan and prior to substantive
1447 revisions, the department shall provide citizens, affected
1448 public agencies, representatives of transportation agency
1449 employees, other affected employee representatives, private
1450 providers of transportation, and other known interested parties
1451 with an opportunity to comment on the proposed plan or
1452 revisions. These opportunities shall include, at a minimum,
1453 publishing a notice in the Florida Administrative Weekly and
1454 within a newspaper of general circulation within the area of
1455 each department district office.
1456 (b) During development of major transportation
1457 improvements, such as those increasing the capacity of a
1458 facility through the addition of new lanes or providing new
1459 access to a limited or controlled access facility or
1460 construction of a facility in a new location, the department
1461 shall hold one or more hearings prior to the selection of the
1462 facility to be provided; prior to the selection of the site or
1463 corridor of the proposed facility; and prior to the selection of
1464 and commitment to a specific design proposal for the proposed
1465 facility. Such public hearings shall be conducted so as to
1466 provide an opportunity for effective participation by interested
1467 persons in the process of transportation planning and site and
1468 route selection and in the specific location and design of
1469 transportation facilities. The various factors involved in the
1470 decision or decisions and any alternative proposals shall be
1471 clearly presented so that the persons attending the hearing may
1472 present their views relating to the decision or decisions which
1473 will be made.
1474 (c) Opportunity for design hearings:
1475 1. The department, prior to holding a design hearing, shall
1476 duly notify all affected property owners of record, as recorded
1477 in the property appraiser's office, by mail at least 20 days
1478 prior to the date set for the hearing. The affected property
1479 owners shall be:
1480 a. Those whose property lies in whole or in part within 300
1481 feet on either side of the centerline of the proposed facility.
1482 b. Those whom the department determines will be
1483 substantially affected environmentally, economically, socially,
1484 or safetywise.
1485 2. For each subsequent hearing, the department shall
1486 publish notice prior to the hearing date in a newspaper of
1487 general circulation for the area affected. These notices must be
1488 published twice, with the first notice appearing at least 15
1489 days, but no later than 30 days, before the hearing.
1490 3. A copy of the notice of opportunity for the hearing must
1491 be furnished to the United States Department of Transportation
1492 and to the appropriate departments of the state government at
1493 the time of publication.
1494 4. The opportunity for another hearing shall be afforded in
1495 any case when proposed locations or designs are so changed from
1496 those presented in the notices specified above or at a hearing
1497 as to have a substantially different social, economic, or
1498 environmental effect.
1499 5. The opportunity for a hearing shall be afforded in each
1500 case in which the department is in doubt as to whether a hearing
1501 is required.
1502 Section 25. Subsection (3) and paragraphs (b) and (c) of
1503 subsection (4) of section 339.2816, Florida Statutes, are
1504 amended to read:
1505 339.2816 Small County Road Assistance Program.—
1506 (3) Beginning with fiscal year 1999-2000 until fiscal year
1507 2009-2010, and beginning again with fiscal year 2013-2014, up to
1508 $25 million annually from the State Transportation Trust Fund
1509 may be used for the purposes of funding the Small County Road
1510 Assistance Program as described in this section.
1511 (4)
1512 (b) In determining a county's eligibility for assistance
1513 under this program, the department may consider whether the
1514 county has attempted to keep county roads in satisfactory
1515 condition, including the amount of local option fuel tax and ad
1516 valorem millage rate imposed by the county. The department may
1517 also consider the extent to which the county has offered to
1518 provide a match of local funds with state funds provided under
1519 the program. At a minimum, small counties shall be eligible only
1520 if:
1521 1. the county has enacted the maximum rate of the local
1522 option fuel tax authorized by s. 336.025(1)(a), and has imposed
1523 an ad valorem millage rate of at least 8 mills; or
1524 2. The county has imposed an ad valorem millage rate of 10
1525 mills.
1526 (c) The following criteria must shall be used to prioritize
1527 road projects for funding under the program:
1528 1. The primary criterion is the physical condition of the
1529 road as measured by the department.
1530 2. As secondary criteria the department may consider:
1531 a. Whether a road is used as an evacuation route.
1532 b. Whether a road has high levels of agricultural travel.
1533 c. Whether a road is considered a major arterial route.
1534 d. Whether a road is considered a feeder road.
1535 e. Whether a road is located in a fiscally constrained
1536 county, as defined in s. 218.67(1).
1537 f.e. Other criteria related to the impact of a project on
1538 the public road system or on the state or local economy as
1539 determined by the department.
1540 Section 26. Subsections (1) and (3) of section 339.2819,
1541 Florida Statutes, are amended to read:
1542 339.2819 Transportation Regional Incentive Program.—
1543 (1) There is created within the Department of
1544 Transportation a Transportation Regional Incentive Program for
1545 the purpose of providing funds to improve regionally significant
1546 transportation facilities in regional transportation areas
1547 created pursuant to s. 339.155(4) s. 339.155(5).
1548 (3) The department shall allocate funding available for the
1549 Transportation Regional Incentive Program to the districts based
1550 on a factor derived from equal parts of population and motor
1551 fuel collections for eligible counties in regional
1552 transportation areas created pursuant to s. 339.155(4) s.
1553 339.155(5).
1554 Section 27. Subsection (6) of section 339.285, Florida
1555 Statutes, is amended to read:
1556 339.285 Enhanced Bridge Program for Sustainable
1557 Transportation.—
1558 (6) Preference shall be given to bridge projects located on
1559 corridors that connect to the Strategic Intermodal System,
1560 created under s. 339.64, and that have been identified as
1561 regionally significant in accordance with s. 339.155(4)(c), (d),
1562 and (e) s. 339.155(5)(c), (d), and (e).
1563 Section 28. Part III of chapter 343, Florida Statutes,
1564 consisting of sections 343.71, 343.72, 343.73, 343.74, 343.75,
1565 343.76, and 343.77, is repealed.
1566 Section 29. Subsection (4) of section 348.0003, Florida
1567 Statutes, is amended to read:
1568 348.0003 Expressway authority; formation; membership.—
1569 (4)(a) An authority may employ an executive secretary, an
1570 executive director, its own counsel and legal staff, technical
1571 experts, and such engineers and employees, permanent or
1572 temporary, as it may require and shall determine the
1573 qualifications and fix the compensation of such persons, firms,
1574 or corporations. An authority may employ a fiscal agent or
1575 agents; however, the authority must solicit sealed proposals
1576 from at least three persons, firms, or corporations for the
1577 performance of any services as fiscal agents. An authority may
1578 delegate to one or more of its agents or employees such of its
1579 power as it deems necessary to carry out the purposes of the
1580 Florida Expressway Authority Act, subject always to the
1581 supervision and control of the authority. Members of an
1582 authority may be removed from office by the Governor for
1583 misconduct, malfeasance, misfeasance, or nonfeasance in office.
1584 (b) Members of an authority are entitled to receive from
1585 the authority their travel and other necessary expenses incurred
1586 in connection with the business of the authority as provided in
1587 s. 112.061, but they may not draw salaries or other
1588 compensation.
1589 (c) Members of each expressway an authority, transportation
1590 authority, bridge authority, or toll authority created pursuant
1591 to this chapter, chapter 343, or chapter 349, or pursuant to any
1592 other legislative enactment, shall be required to comply with
1593 the applicable financial disclosure requirements of s. 8, Art.
1594 II of the State Constitution. This paragraph does not subject a
1595 statutorily created expressway authority, transportation
1596 authority, bridge authority, or toll authority, other than one
1597 created under this part, to any of the requirements of this part
1598 other than those contained in this paragraph.
1599 Section 30. Paragraph (c) is added to subsection (1) of
1600 section 348.0004, Florida Statutes, to read:
1601 348.0004 Purposes and powers.—
1602 (1)
1603 (c) Notwithstanding any other law, expressway authorities
1604 created under parts I-X of chapter 348 may index toll rates on
1605 toll facilities to the annual Consumer Price Index or similar
1606 inflation indicators. Once a toll rate index has been
1607 implemented pursuant to this paragraph, the toll rate index
1608 shall remain in place and may not be revoked. Toll rate index
1609 for inflation under this subsection must be adopted and approved
1610 by the expressway authority board at a public meeting and may be
1611 made no more frequently than once a year and must be made no
1612 less frequently than once every 5 years as necessary to
1613 accommodate cash toll rate schedules. Toll rates may be
1614 increased beyond these limits as directed by bond documents,
1615 covenants, or governing body authorization or pursuant to
1616 department administrative rule.
1617 Section 31. Subsection (1) of section 479.01, Florida
1618 Statutes, is amended to read:
1619 479.01 Definitions.—As used in this chapter, the term:
1620 (1) “Automatic changeable facing” means a facing that which
1621 through a mechanical system is capable of delivering two or more
1622 advertising messages through an automated or remotely controlled
1623 process and shall not rotate so rapidly as to cause distraction
1624 to a motorist.
1625 Section 32. Subsections (1), (5), and (9) of section
1626 479.07, Florida Statutes, are amended to read:
1627 479.07 Sign permits.—
1628 (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
1629 person may not erect, operate, use, or maintain, or cause to be
1630 erected, operated, used, or maintained, any sign on the State
1631 Highway System outside an urban incorporated area, as defined in
1632 s. 334.03(32), or on any portion of the interstate or federal
1633 aid primary highway system without first obtaining a permit for
1634 the sign from the department and paying the annual fee as
1635 provided in this section. As used in For purposes of this
1636 section, the term “on any portion of the State Highway System,
1637 interstate, or federal-aid primary system” means shall mean a
1638 sign located within the controlled area which is visible from
1639 any portion of the main-traveled way of such system.
1640 (5)(a) For each permit issued, the department shall furnish
1641 to the applicant a serially numbered permanent metal permit tag.
1642 The permittee is responsible for maintaining a valid permit tag
1643 on each permitted sign facing at all times. The tag shall be
1644 securely attached to the sign facing or, if there is no facing,
1645 on the pole nearest the highway; and it shall be attached in
1646 such a manner as to be plainly visible from the main-traveled
1647 way. Effective July 1, 2011, the tag must be securely attached
1648 to the upper 50 percent of the pole nearest the highway and must
1649 be attached in such a manner as to be plainly visible from the
1650 main-traveled way. The permit becomes will become void unless
1651 the permit tag is properly and permanently displayed at the
1652 permitted site within 30 days after the date of permit issuance.
1653 If the permittee fails to erect a completed sign on the
1654 permitted site within 270 days after the date on which the
1655 permit was issued, the permit will be void, and the department
1656 may not issue a new permit to that permittee for the same
1657 location for 270 days after the date on which the permit became
1658 void.
1659 (b) If a permit tag is lost, stolen, or destroyed, the
1660 permittee to whom the tag was issued must apply to the
1661 department for a replacement tag. The department shall adopt a
1662 rule establishing a service fee for replacement tags in an
1663 amount that will recover the actual cost of providing the
1664 replacement tag. Upon receipt of the application accompanied by
1665 the a service fee of $3, the department shall issue a
1666 replacement permit tag. Alternatively, the permittee may provide
1667 its own replacement tag pursuant to department specifications
1668 that the department shall adopt by rule at the time it
1669 establishes the service fee for replacement tags.
1670 (9)(a) A permit shall not be granted for any sign for which
1671 a permit had not been granted by the effective date of this act
1672 unless such sign is located at least:
1673 1. One thousand five hundred feet from any other permitted
1674 sign on the same side of the highway, if on an interstate
1675 highway.
1676 2. One thousand feet from any other permitted sign on the
1677 same side of the highway, if on a federal-aid primary highway.
1678 The minimum spacing provided in this paragraph does not preclude
1679 the permitting of V-type, back-to-back, side-to-side, stacked,
1680 or double-faced signs at the permitted sign site. If a sign is
1681 visible from the controlled area of more than one highway
1682 subject to the jurisdiction of the department, the sign shall
1683 meet the permitting requirements of, and, if the sign meets the
1684 applicable permitting requirements, be permitted to, the highway
1685 having the more stringent permitting requirements.
1686 (b) A permit shall not be granted for a sign pursuant to
1687 this chapter to locate such sign on any portion of the
1688 interstate or federal-aid primary highway system, which sign:
1689 1. Exceeds 50 feet in sign structure height above the crown
1690 of the main-traveled way, if outside an incorporated area;
1691 2. Exceeds 65 feet in sign structure height above the crown
1692 of the main-traveled way, if inside an incorporated area; or
1693 3. Exceeds 950 square feet of sign facing including all
1694 embellishments.
1695 (c) Notwithstanding subparagraph (a)1., there is
1696 established a pilot program in Orange, Hillsborough, and Osceola
1697 Counties, and within the boundaries of the City of Miami, under
1698 which the distance between permitted signs on the same side of
1699 an interstate highway may be reduced to 1,000 feet if all other
1700 requirements of this chapter are met and if:
1701 1. The local government has adopted a plan, program,
1702 resolution, ordinance, or other policy encouraging the voluntary
1703 removal of signs in a downtown, historic, redevelopment, infill,
1704 or other designated area which also provides for a new or
1705 replacement sign to be erected on an interstate highway within
1706 that jurisdiction if a sign in the designated area is removed;
1707 2. The sign owner and the local government mutually agree
1708 to the terms of the removal and replacement; and
1709 3. The local government notifies the department of its
1710 intention to allow such removal and replacement as agreed upon
1711 pursuant to subparagraph 2.
1712 The department shall maintain statistics tracking the use of the
1713 provisions of this pilot program based on the notifications
1714 received by the department from local governments under this
1715 paragraph.
1716 (d) Nothing in This subsection does not shall be construed
1717 so as to cause a sign that which was conforming on October 1,
1718 1984, to become nonconforming.
1719 Section 33. Section 479.08, Florida Statutes, is amended to
1720 read:
1721 479.08 Denial or revocation of permit.—The department may
1722 has the authority to deny or revoke any permit requested or
1723 granted under this chapter in any case in which it determines
1724 that the application for the permit contains knowingly false or
1725 misleading information. The department may revoke any permit
1726 granted under this chapter in any case in which or that the
1727 permittee has violated any of the provisions of this chapter,
1728 unless such permittee, within 30 days after the receipt of
1729 notice by the department, corrects such false or misleading
1730 information and complies with the provisions of this chapter.
1731 For the purpose of this section, the notice of violation issued
1732 by the department must describe in detail the alleged violation.
1733 Any person aggrieved by any action of the department in denying
1734 or revoking a permit under this chapter may, within 30 days
1735 after receipt of the notice, apply to the department for an
1736 administrative hearing pursuant to chapter 120. If a timely
1737 request for hearing has been filed and the department issues a
1738 final order revoking a permit, such revocation shall be
1739 effective 30 days after the date of rendition. Except for
1740 department action pursuant to s. 479.107(1), the filing of a
1741 timely and proper notice of appeal shall operate to stay the
1742 revocation until the department's action is upheld.
1743 Section 34. Section 479.156, Florida Statutes, is amended
1744 to read:
1745 479.156 Wall murals.—Notwithstanding any other provision of
1746 this chapter, a municipality or county may permit and regulate
1747 wall murals within areas designated by such government. If a
1748 municipality or county permits wall murals, a wall mural that
1749 displays a commercial message and is within 660 feet of the
1750 nearest edge of the right-of-way within an area adjacent to the
1751 interstate highway system or the federal-aid primary highway
1752 system shall be located in an area that is zoned for industrial
1753 or commercial use and the municipality or county shall establish
1754 and enforce regulations for such areas that, at a minimum, set
1755 forth criteria governing the size, lighting, and spacing of wall
1756 murals consistent with the intent of the Highway Beautification
1757 Act of 1965 and with customary use. Whenever a municipality or
1758 county exercises such control and makes a determination of
1759 customary use pursuant to 23 U.S.C. s. 131(d), such
1760 determination shall be accepted in lieu of controls in the
1761 agreement between the state and the United States Department of
1762 Transportation, and the Department of Transportation shall
1763 notify the Federal Highway Administration pursuant to the
1764 agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A
1765 wall mural that is subject to municipal or county regulation and
1766 the Highway Beautification Act of 1965 must be approved by the
1767 Department of Transportation and the Federal Highway
1768 Administration when required by federal law and federal
1769 regulation under and may not violate the agreement between the
1770 state and the United States Department of Transportation and or
1771 violate federal regulations enforced by the Department of
1772 Transportation under s. 479.02(1). The existence of a wall mural
1773 as defined in s. 479.01(27) shall not be considered in
1774 determining whether a sign as defined in s. 479.01(17), either
1775 existing or new, is in compliance with s. 479.07(9)(a).
1776 Section 35. Subsections (1), (3), (4), and (5) of section
1777 479.261, Florida Statutes, are amended to read:
1778 479.261 Logo sign program.—
1779 (1) The department shall establish a logo sign program for
1780 the rights-of-way of the interstate highway system to provide
1781 information to motorists about available gas, food, lodging, and
1782 camping, attractions, and other services, as approved by the
1783 Federal Highway Administration, at interchanges, through the use
1784 of business logos, and may include additional interchanges under
1785 the program. A logo sign for nearby attractions may be added to
1786 this program if allowed by federal rules.
1787 (a) An attraction as used in this chapter is defined as an
1788 establishment, site, facility, or landmark that which is open a
1789 minimum of 5 days a week for 52 weeks a year; that which charges
1790 an admission for entry; which has as its principal focus family
1791 oriented entertainment, cultural, educational, recreational,
1792 scientific, or historical activities; and that which is publicly
1793 recognized as a bona fide tourist attraction. However, the
1794 permits for businesses seeking to participate in the attractions
1795 logo sign program shall be awarded by the department annually to
1796 the highest bidders, notwithstanding the limitation on fees in
1797 subsection (5), which are qualified for available space at each
1798 qualified location, but the fees therefor may not be less than
1799 the fees established for logo participants in other logo
1800 categories.
1801 (b) The department shall incorporate the use of RV-friendly
1802 markers on specific information logo signs for establishments
1803 that cater to the needs of persons driving recreational
1804 vehicles. Establishments that qualify for participation in the
1805 specific information logo program and that also qualify as “RV
1806 friendly” may request the RV-friendly marker on their specific
1807 information logo sign. An RV-friendly marker must consist of a
1808 design approved by the Federal Highway Administration. The
1809 department shall adopt rules in accordance with chapter 120 to
1810 administer this paragraph, including rules setting forth the
1811 minimum requirements that establishments must meet in order to
1812 qualify as RV-friendly. These requirements shall include large
1813 parking spaces, entrances, and exits that can easily accommodate
1814 recreational vehicles and facilities having appropriate overhead
1815 clearances, if applicable.
1816 (c) The department may implement a 3-year rotation-based
1817 logo program providing for the removal and addition of
1818 participating businesses in the program.
1819 (3) Logo signs may be installed upon the issuance of an
1820 annual permit by the department or its agent and payment of a an
1821 application and permit fee to the department or its agent.
1822 (4) The department may contract pursuant to s. 287.057 for
1823 the provision of services related to the logo sign program,
1824 including recruitment and qualification of businesses, review of
1825 applications, permit issuance, and fabrication, installation,
1826 and maintenance of logo signs. The department may reject all
1827 proposals and seek another request for proposals or otherwise
1828 perform the work. If the department contracts for the provision
1829 of services for the logo sign program, the contract must
1830 require, unless the business owner declines, that businesses
1831 that previously entered into agreements with the department to
1832 privately fund logo sign construction and installation be
1833 reimbursed by the contractor for the cost of the signs which has
1834 not been recovered through a previously agreed upon waiver of
1835 fees. The contract also may allow the contractor to retain a
1836 portion of the annual fees as compensation for its services.
1837 (5) Permit fees for businesses that participate in the
1838 program must be established in an amount sufficient to offset
1839 the total cost to the department for the program, including
1840 contract costs. The department shall provide the services in the
1841 most efficient and cost-effective manner through department
1842 staff or by contracting for some or all of the services. The
1843 department shall adopt rules that set reasonable rates based
1844 upon factors such as population, traffic volume, market demand,
1845 and costs for annual permit fees. However, annual permit fees
1846 for sign locations inside an urban area, as defined in s.
1847 334.03(32), may not exceed $5,000, and annual permit fees for
1848 sign locations outside an urban area, as defined in s.
1849 334.03(32), may not exceed $2,500. After recovering program
1850 costs, the proceeds from the logo program shall be deposited
1851 into the State Transportation Trust Fund and used for
1852 transportation purposes. Such annual permit fee may shall not
1853 exceed $1,250.
1854 Section 36. Business partnerships; display of names.—
1855 (1) School districts are encouraged to enter into
1856 partnerships with local businesses for the purposes of
1857 mentorship opportunities, development of employment options and
1858 additional funding sources, and other mutual benefits.
1859 (2) As a pilot program through June 30, 2011, the Palm
1860 Beach County School District may publicly display the names and
1861 recognitions of their business partners on school district
1862 property in unincorporated areas. Examples of appropriate
1863 business partner recognition include “Project Graduation” and
1864 athletic sponsorships. The district shall make every effort to
1865 display business partner names in a manner that is consistent
1866 with the county standards for uniformity in size, color, and
1867 placement of the signs. Whenever the provisions of this section
1868 are inconsistent with the provisions of the county ordinances or
1869 regulations relating to signs or the provisions of chapter 125,
1870 chapter 166, or chapter 479, Florida Statutes, in the
1871 unincorporated areas, the provisions of this section shall
1872 prevail.
1873 Section 37. Notwithstanding any provision of chapter 74
1874 400, Laws of Florida, public funds may be used for the
1875 alteration of Old Cutler Road, between Southwest 136th Street
1876 and Southwest 184th Street, in the Village of Palmetto Bay.
1877 (1) The alteration may include the installation of
1878 sidewalks, curbing, and landscaping to enhance pedestrian access
1879 to the road.
1880 (2) The official approval of the project by the Department
1881 of State must be obtained before any alteration is started.
1882 Section 38. Section 120.52, Florida Statutes, is amended to
1883 read:
1884 120.52 Definitions.—As used in this act:
1885 (1) “Agency” means:
1886 (a) The Governor in the exercise of all executive powers
1887 other than those derived from the constitution.
1888 (b) Each:
1889 1. State officer and state department, and each
1890 departmental unit described in s. 20.04.
1891 2. Authority, including a regional water supply authority.
1892 3. Board, including the Board of Governors of the State
1893 University System and a state university board of trustees when
1894 acting pursuant to statutory authority derived from the
1895 Legislature.
1896 4. Commission, including the Commission on Ethics and the
1897 Fish and Wildlife Conservation Commission when acting pursuant
1898 to statutory authority derived from the Legislature.
1899 5. Regional planning agency.
1900 6. Multicounty special district with a majority of its
1901 governing board comprised of nonelected persons.
1902 7. Educational units.
1903 8. Entity described in chapters 163, 373, 380, and 582 and
1904 s. 186.504.
1905 (c) Each other unit of government in the state, including
1906 counties and municipalities, to the extent they are expressly
1907 made subject to this act by general or special law or existing
1908 judicial decisions.
1909 This definition does not include any legal entity or agency
1910 created in whole or in part pursuant to chapter 361, part II,
1911 any metropolitan planning organization created pursuant to s.
1912 339.175, any separate legal or administrative entity created
1913 pursuant to s. 339.175 of which a metropolitan planning
1914 organization is a member, an expressway authority pursuant to
1915 chapter 348 or any transportation authority under chapter 343 or
1916 chapter 349, any legal or administrative entity created by an
1917 interlocal agreement pursuant to s. 163.01(7), unless any party
1918 to such agreement is otherwise an agency as defined in this
1919 subsection, or any multicounty special district with a majority
1920 of its governing board comprised of elected persons; however,
1921 this definition shall include a regional water supply authority.
1922 Section 39. The Legislature directs the Department of
1923 Transportation to establish an approved transportation
1924 methodology that recognizes that a planned, sustainable
1925 development of regional impact will likely achieve an internal
1926 capture rate greater than 30 percent when fully developed. The
1927 transportation methodology must use a regional transportation
1928 model that incorporates professionally accepted modeling
1929 techniques applicable to well-planned, sustainable communities
1930 of the size, location, mix of uses, and design features
1931 consistent with such communities. The adopted transportation
1932 methodology shall serve as the basis for sustainable development
1933 traffic impact assessments by the department. The methodology
1934 review must be completed and in use by March 1, 2011.
1935 Section 40. This act shall take effect upon becoming a law.