HB 1363

A bill to be entitled
2An act relating to the Department of Transportation;
3amending s. 316.3025, F.S.; providing a civil penalty for
4violation of specified federal requirements relating to a
5driver's physical qualification to drive a commercial
6motor vehicle; amending s. 334.03, F.S.; revising
7definitions for purposes of the Florida Transportation
8Code; amending s. 334.044, F.S.; revising the powers and
9duties of the department relating to jurisdictional
10responsibility and designating facilities; amending s.
11334.047, F.S.; repealing a provision prohibiting the
12department from establishing a maximum number of miles of
13urban principal arterial roads within a district or
14county; amending s. 337.111, F.S.; providing additional
15forms of security for the cost of removal of monuments or
16memorials or modifications to an installation site at
17highway rest areas; removing a provision requiring renewal
18of a bond; amending s. 337.408, F.S.; revising provisions
19for certain facilities installed within the right-of-way
20limits of roads; requiring counties and municipalities to
21review installations of benches and transit shelters;
22providing for removal or relocation of a bench or transit
23shelter that is not in compliance with applicable
24regulations; requiring counties and municipalities to
25indemnify the department from certain claims relating to
26the installation, removal, or relocation of a noncompliant
27bench or shelter; authorizing the department to direct a
28county or municipality to remove or relocate a bus stop,
29bench, transit shelter, waste disposal receptacle, public
30pay telephone, or modular news rack that is not in
31compliance with applicable laws or rules; directing the
32department to remove or relocate such installation and
33charge the cost to the county or municipality; authorizing
34the department to deduct the cost from funding available
35to the municipality or county from the department;
36removing a provision for the replacement of an unusable
37transit bus bench that was in service before a certain
38date; revising the title of chapter 338, F.S.; repealing
39s. 338.001, F.S., relating to provisions for the Florida
40Intrastate Highway System Plan; amending s. 338.01, F.S.;
41including authority of the department in provisions for
42the establishment limited access facilities; amending s.
43339.155, F.S.; revising provisions for statewide
44transportation planning by the department; providing for
45federally required transportation planning factors;
46revising provisions for the Florida Transportation Plan;
47removing certain reporting requirements; revising
48requirements for public participation in the planning
49process; amending s. 339.63, F.S.; providing for inclusion
50of certain access facilities in the Strategic Intermodal
51System and the Emerging Strategic Intermodal System;
52amending s. 339.64, F.S.; revising provisions for
53development of the Strategic Intermodal System Plan;
54removing the Statewide Intermodal Transportation Advisory
55Council; creating s. 339.65, F.S.; providing for the
56department to plan and develop Strategic Intermodal System
57highway corridors; providing for allocations of funds on a
58specified basis; providing for corridor projects to be
59included in the department's adopted work program and
60changes to be a separate part of the tentative work
61program; amending ss. 163.3180, 288.063, 311.07, 311.09,
62316.2122, 336.01, 338.222, 338.223, 338.2275, 338.228,
63339.2819, 339.285, 341.8225, 479.01, 479.07, and 479.261,
64F.S., relating to transportation concurrency, contracts,
65port facilities, Florida Seaport Transportation and
66Economic Development Council, low-speed vehicles and mini
67trucks, the county road system, turnpike projects, revenue
68bonds, Transportation Regional Incentive Program, Enhanced
69Bridge Program for Sustainable Transportation, high-speed
70rail projects, outdoor advertising, sign permits, and the
71Logo sign program, respectively; revising cross-
72references; amending ss. 163.3187, 318.12, 335.02,
73338.227, 338.234, 339.62, 341.053, and 403.7211, F.S.,
74relating to comprehensive plans, traffic infractions,
75standards for lanes, services related to the financing of
76projects, concessions along the turnpike, components of
77the Strategic Intermodal System, Intermodal Development
78Program, and hazardous waste facilities, respectively;
79revising references to conform to the incorporation of the
80Florida Intrastate Highway System into the Strategic
81Intermodal System and to changes made by the act;
82providing an effective date.
84Be It Enacted by the Legislature of the State of Florida:
86     Section 1.  Paragraph (b) of subsection (3) of section
87316.3025, Florida Statutes, is amended to read:
88     316.3025  Penalties.-
89     (3)
90     (b)  A civil penalty of $100 may be assessed for:
91     1.  Each violation of the North American Uniform Driver
92Out-of-Service Criteria;
93     2.  A violation of s. 316.302(2)(b) or (c);
94     3.  A violation of 49 C.F.R. s. 392.60; or
95     4.  A violation of 49 C.F.R. ss. 391.41 or 391.43; or
96     5.4.  A violation of the North American Standard Vehicle
97Out-of-Service Criteria resulting from an inspection of a
98commercial motor vehicle involved in a crash.
99     Section 2.  Section 334.03, Florida Statutes, is amended to
101     334.03  Definitions.-When used in the Florida
102Transportation Code, the term:
103     (1)(37)  "511" or "511 services" means three-digit
104telecommunications dialing to access interactive voice response
105telephone traveler information services provided in the state as
106defined by the Federal Communications Commission in FCC Order
107No. 00-256, July 31, 2000.
108     (1)  "Arterial road" means a route providing service which
109is relatively continuous and of relatively high traffic volume,
110long average trip length, high operating speed, and high
111mobility importance. In addition, every United States numbered
112highway is an arterial road.
113     (2)(2)  "Bridge" means a structure, including supports,
114erected over a depression or an obstruction, such as water or a
115highway or railway, and having a track or passageway for
116carrying traffic as defined in chapter 316 or other moving
118     (3)  "City street system" means all local roads within a
119municipality that were under the jurisdiction of that
120municipality on June 10, 1995; roads constructed by a
121municipality for that municipality's street system; roads
122completely within an area annexed by the municipality, unless
123otherwise provided by mutual consent; and roads transferred to
124the municipality's jurisdiction after June 10, 1995, by mutual
125consent with another governmental entity, but not roads so
126transferred from the municipality's jurisdiction, and all
127collector roads inside that municipality, which are not in the
128county road system.
129     (4)  "Collector road" means a route providing service which
130is of relatively moderate average traffic volume, moderately
131average trip length, and moderately average operating speed.
132Such a route also collects and distributes traffic between local
133roads or arterial roads and serves as a linkage between land
134access and mobility needs.
135     (4)(5)  "Commissioners" means the governing body of a
137     (5)(6)  "Consolidated metropolitan statistical area" means
138two or more metropolitan statistical areas that are socially and
139economically interrelated as defined by the United States Bureau
140of the Census.
141     (6)(7)  "Controlled access facility" means a street or
142highway to which the right of access is highly regulated by the
143governmental entity having jurisdiction over the facility in
144order to maximize the operational efficiency and safety of the
145high-volume through traffic utilizing the facility. Owners or
146occupants of abutting lands and other persons have a right of
147access to or from such facility at such points only and in such
148manner as may be determined by the governmental entity.
149     (7)(8)  "County road system" means all roads within a
150county that were under the jurisdiction of that county on June
15110, 1995; roads constructed by a county for that county's road
152system; and roads transferred to the county's jurisdiction after
153June 10, 1995, by mutual consent with another governmental
154entity, but, except as otherwise provided by mutual consent, not
155roads transferred from the county's jurisdiction by mutual
156consent or roads that are completely within an area annexed by a
157municipality collector roads in the unincorporated areas of a
158county and all extensions of such collector roads into and
159through any incorporated areas, all local roads in the
160unincorporated areas, and all urban minor arterial roads not in
161the State Highway System.
162     (8)(9)  "Department" means the Department of
164     (10)  "Florida Intrastate Highway System" means a system of
165limited access and controlled access facilities on the State
166Highway System which have the capacity to provide high-speed and
167high-volume traffic movements in an efficient and safe manner.
168     (9)(11)  "Functional classification" means the assignment
169of roads into systems according to the character of service they
170provide in relation to the total road network using procedures
171developed by the Federal Highway Administration. Basic
172functional categories include arterial roads, collector roads,
173and local roads which may be subdivided into principal, major,
174or minor levels. Those levels may be additionally divided into
175rural and urban categories.
176     (10)(12)  "Governmental entity" means a unit of government,
177or any officially designated public agency or authority of a
178unit of government, that has the responsibility for planning,
179construction, operation, or maintenance or jurisdiction over
180transportation facilities; the term includes the Federal
181Government, the state government, a county, an incorporated
182municipality, a metropolitan planning organization, an
183expressway or transportation authority, a road and bridge
184district, a special road and bridge district, and a regional
185governmental unit.
186     (11)(38)  "Interactive voice response" means a software
187application that accepts a combination of voice telephone input
188and touch-tone keypad selection and provides appropriate
189responses in the form of voice, fax, callback, e-mail, and other
191     (12)(13)  "Limited access facility" means a street or
192highway especially designed for through traffic, and over, from,
193or to which owners or occupants of abutting land or other
194persons have no right or easement of access, light, air, or view
195by reason of the fact that their property abuts upon such
196limited access facility or for any other reason. Such highways
197or streets may be facilities from which trucks, buses, and other
198commercial vehicles are excluded; or they may be facilities open
199to use by all customary forms of street and highway traffic.
200     (13)(14)  "Local governmental entity" means a unit of
201government with less than statewide jurisdiction, or any
202officially designated public agency or authority of such a unit
203of government, that has the responsibility for planning,
204construction, operation, or maintenance of, or jurisdiction
205over, a transportation facility; the term includes, but is not
206limited to, a county, an incorporated municipality, a
207metropolitan planning organization, an expressway or
208transportation authority, a road and bridge district, a special
209road and bridge district, and a regional governmental unit.
210     (15)  "Local road" means a route providing service which is
211of relatively low average traffic volume, short average trip
212length or minimal through-traffic movements, and high land
213access for abutting property.
214     (14)(16)  "Metropolitan area" means a geographic region
215comprising as a minimum the existing urbanized area and the
216contiguous area projected to become urbanized within a 20-year
217forecast period. The boundaries of a metropolitan area may be
218designated so as to encompass a metropolitan statistical area or
219a consolidated metropolitan statistical area. If a metropolitan
220area, or any part thereof, is located within a nonattainment
221area, the boundaries of the metropolitan area must be designated
222so as to include the boundaries of the entire nonattainment
223area, unless otherwise provided by agreement between the
224applicable metropolitan planning organization and the Governor.
225     (15)(17)  "Metropolitan statistical area" means an area
226that includes a municipality of 50,000 persons or more, or an
227urbanized area of at least 50,000 persons as defined by the
228United States Bureau of the Census, provided that the component
229county or counties have a total population of at least 100,000.
230     (16)(18)  "Nonattainment area" means an area designated by
231the United States Environmental Protection Agency, pursuant to
232federal law, as exceeding national primary or secondary ambient
233air quality standards for the pollutants carbon monoxide or
235     (17)(19)  "Periodic maintenance" means activities that are
236large in scope and require a major work effort to restore
237deteriorated components of the transportation system to a safe
238and serviceable condition, including, but not limited to, the
239repair of large bridge structures, major repairs to bridges and
240bridge systems, and the mineral sealing of lengthy sections of
242     (18)(20)  "Person" means any person described in s. 1.01 or
243any unit of government in or outside the state.
244     (19)(21)  "Right of access" means the right of ingress to a
245highway from abutting land and egress from a highway to abutting
247     (20)(22)  "Right-of-way" means land in which the state, the
248department, a county, or a municipality owns the fee or has an
249easement devoted to or required for use as a transportation
251     (21)(23)  "Road" means a way open to travel by the public,
252including, but not limited to, a street, highway, or alley. The
253term includes associated sidewalks, the roadbed, the right-of-
254way, and all culverts, drains, sluices, ditches, water storage
255areas, waterways, embankments, slopes, retaining walls, bridges,
256tunnels, and viaducts necessary for the maintenance of travel
257and all ferries used in connection therewith.
258     (22)(24)  "Routine maintenance" means minor repairs and
259associated tasks necessary to maintain a safe and efficient
260transportation system. The term includes: pavement patching;
261shoulder repair; cleaning and repair of drainage ditches,
262traffic signs, and structures; mowing; bridge inspection and
263maintenance; pavement striping; litter cleanup; and other
264similar activities.
265     (23)(25)  "State Highway System" means the following, which
266shall be facilities to which access is regulated:
267     (a)  the interstate system and all other roads within the
268state which were under the jurisdiction of the state on June 10,
2691995, and roads constructed by an agency of the state for the
270State Highway System, and roads transferred to the state's
271jurisdiction after that date by mutual consent with another
272governmental entity, but not roads so transferred from the
273state's jurisdiction. Such facilities shall be facilities to
274which access is regulated.;
275     (b)  All rural arterial routes and their extensions into
276and through urban areas;
277     (c)  All urban principal arterial routes; and
278     (d)  The urban minor arterial mileage on the existing State
279Highway System as of July 1, 1987, plus additional mileage to
280comply with the 2-percent requirement as described below.
282However, not less than 2 percent of the public road mileage of
283each urbanized area on record as of June 30, 1986, shall be
284included as minor arterials in the State Highway System.
285Urbanized areas not meeting the foregoing minimum requirement
286shall have transferred to the State Highway System additional
287minor arterials of the highest significance in which case the
288total minor arterials in the State Highway System from any
289urbanized area shall not exceed 2.5 percent of that area's total
290public urban road mileage.
291     (24)(26)  "State Park Road System" means roads embraced
292within the boundaries of state parks and state roads leading to
293state parks, other than roads of the State Highway System, the
294county road systems, or the city street systems.
295     (25)(27)  "State road" means a street, road, highway, or
296other way open to travel by the public generally and dedicated
297to the public use according to law or by prescription and
298designated by the department, as provided by law, as part of the
299State Highway System.
300     (26)(28)  "Structure" means a bridge, viaduct, tunnel,
301causeway, approach, ferry slip, culvert, toll plaza, gate, or
302other similar facility used in connection with a transportation
304     (27)(29)  "Sufficiency rating" means the objective rating
305of a road or section of a road for the purpose of determining
306its capability to serve properly the actual or anticipated
307volume of traffic using the road.
308     (28)(30)  "Transportation corridor" means any land area
309designated by the state, a county, or a municipality which is
310between two geographic points and which area is used or suitable
311for the movement of people and goods by one or more modes of
312transportation, including areas necessary for management of
313access and securing applicable approvals and permits.
314Transportation corridors shall contain, but are not limited to,
315the following:
316     (a)  Existing publicly owned rights-of-way;
317     (b)  All property or property interests necessary for
318future transportation facilities, including rights of access,
319air, view, and light, whether public or private, for the purpose
320of securing and utilizing future transportation rights-of-way,
321including, but not limited to, any lands reasonably necessary
322now or in the future for securing applicable approvals and
323permits, borrow pits, drainage ditches, water retention areas,
324rest areas, replacement access for landowners whose access could
325be impaired due to the construction of a future facility, and
326replacement rights-of-way for relocation of rail and utility
328     (29)(31)  "Transportation facility" means any means for the
329transportation of people or property from place to place which
330is constructed, operated, or maintained in whole or in part from
331public funds. The term includes the property or property rights,
332both real and personal, which have been or may be established by
333public bodies for the transportation of people or property from
334place to place.
335     (30)(32)  "Urban area" means a geographic region comprising
336as a minimum the area inside the United States Bureau of the
337Census boundary of an urban place with a population of 5,000 or
338more persons, expanded to include adjacent developed areas as
339provided for by Federal Highway Administration regulations.
340     (33)  "Urban minor arterial road" means a route that
341generally interconnects with and augments an urban principal
342arterial road and provides service to trips of shorter length
343and a lower level of travel mobility. The term includes all
344arterials not classified as "principal" and contain facilities
345that place more emphasis on land access than the higher system.
346     (31)(34)  "Urban place" means a geographic region composed
347of one or more contiguous census tracts that have been found by
348the United States Bureau of the Census to contain a population
349density of at least 1,000 persons per square mile.
350     (35)  "Urban principal arterial road" means a route that
351generally serves the major centers of activity of an urban area,
352the highest traffic volume corridors, and the longest trip
353purpose and carries a high proportion of the total urban area
354travel on a minimum of mileage. Such roads are integrated, both
355internally and between major rural connections.
356     (32)(36)  "Urbanized area" means a geographic region
357comprising as a minimum the area inside an urban place of 50,000
358or more persons, as designated by the United States Bureau of
359the Census, expanded to include adjacent developed areas as
360provided for by Federal Highway Administration regulations.
361Urban areas with a population of fewer than 50,000 persons which
362are located within the expanded boundary of an urbanized area
363are not separately recognized.
364     Section 3.  Subsections (11) and (13) of section 334.044,
365Florida Statutes, are amended to read:
366     334.044  Department; powers and duties.-The department
367shall have the following general powers and duties:
368     (11)  To establish a numbering system for public roads, and
369to functionally classify such roads, and to assign
370jurisdictional responsibility.
371     (13)  To designate existing and to plan proposed
372transportation facilities as part of the State Highway System,
373and to construct, maintain, and operate such facilities.
374     Section 4.  Section 334.047, Florida Statutes, is amended
375to read:
376     334.047  Prohibition.-Notwithstanding any other provision
377of law to the contrary, the Department of Transportation may not
378establish a cap on the number of miles in the State Highway
379System or a maximum number of miles of urban principal arterial
380roads, as defined in s. 334.03, within a district or county.
381     Section 5.  Subsection (4) of section 337.111, Florida
382Statutes, is amended to read:
383     337.111  Contracting for monuments and memorials to
384military veterans at rest areas.-The Department of
385Transportation is authorized to enter into contract with any
386not-for-profit group or organization that has been operating for
387not less than 2 years for the installation of monuments and
388memorials honoring Florida's military veterans at highway rest
389areas around the state pursuant to the provisions of this
391     (4)  The group or organization making the proposal shall
392provide a 10-year bond, an annual renewable bond, an irrevocable
393letter of credit, or other form of security as approved by the
394department's comptroller, for the purpose of securing the cost
395of removal of the monument and any modifications made to the
396site as part of the placement of the monument should the
397Department of Transportation determine it necessary to remove or
398relocate the monument. Such removal or relocation shall be
399approved by the committee described in subsection (1). Prior to
400expiration, the bond shall be renewed for another 10-year period
401if the memorial is to remain in place.
402     Section 6.  Subsections (1) and (4) of section 337.408,
403Florida Statutes, are amended to read:
404     337.408  Regulation of bus stops, benches, transit
405shelters, street light poles, waste disposal receptacles, and
406modular news racks within rights-of-way.-
407     (1)  Benches or transit shelters, including advertising
408displayed on benches or transit shelters, may be installed
409within the right-of-way limits of any municipal, county, or
410state road, except a limited access highway, provided that such
411benches or transit shelters are for the comfort or convenience
412of the general public or are at designated stops on official bus
413routes and provided that written authorization has been given to
414a qualified private supplier of such service by the municipal
415government within whose incorporated limits such benches or
416transit shelters are installed or by the county government
417within whose unincorporated limits such benches or transit
418shelters are installed. A municipality or county may authorize
419the installation, without public bid, of benches and transit
420shelters together with advertising displayed thereon within the
421right-of-way limits of such roads. Such installations shall be
422in compliance with all applicable laws and rules including,
423without limitation, the Americans with Disabilities Act. By July
4241, 2012, municipalities and counties shall conduct a review of
425all installations within their respective jurisdictions and
426relocate or remove, cause to be relocated or removed, or bring
427into compliance any installation not in compliance with all
428applicable laws and rules. Municipalities or counties shall
429indemnify, defend, and hold harmless the department from any
430suits, actions, proceedings, claims, losses, costs, charges,
431expenses, damages, liabilities, attorney fees, and court costs
432relating to the installation, removal, or relocation. Any
433contract for the installation of benches or transit shelters or
434advertising on benches or transit shelters which was entered
435into before April 8, 1992, without public bidding is ratified
436and affirmed. Such benches or transit shelters may not interfere
437with right-of-way preservation and maintenance. Any bench or
438transit shelter located on a sidewalk within the right-of-way
439limits of any road on the State Highway System or the county
440road system shall be located so as to leave at least 36 inches
441of clearance for pedestrians and persons in wheelchairs. Such
442clearance shall be measured in a direction perpendicular to the
443centerline of the road.
444     (4)  The department has the authority to direct the
445immediate relocation or removal of any bus stop, bench, transit
446shelter, waste disposal receptacle, public pay telephone, or
447modular news rack that endangers life or property, or that is
448otherwise not in compliance with applicable laws and rules,
449except that transit bus benches that were placed in service
450before April 1, 1992, are not required to comply with bench size
451and advertising display size requirements established by the
452department before March 1, 1992. If a municipality or county
453fails to comply with the department's direction, the department
454shall remove the noncompliant installation, charge the cost of
455the removal to the municipality or county, and may deduct or
456offset such cost from any other funding available to the
457municipality or county from the department. Any transit bus
458bench that was in service before April 1, 1992, may be replaced
459with a bus bench of the same size or smaller, if the bench is
460damaged or destroyed or otherwise becomes unusable. The
461department may adopt rules relating to the regulation of bench
462size and advertising display size requirements. If a
463municipality or county within which a bench is to be located has
464adopted an ordinance or other applicable regulation that
465establishes bench size or advertising display sign requirements
466different from requirements specified in department rule, the
467local government requirement applies within the respective
468municipality or county. Placement of any bench or advertising
469display on the National Highway System under a local ordinance
470or regulation adopted under this subsection is subject to
471approval of the Federal Highway Administration.
472     Section 7.  Chapter 338, Florida Statutes, is retitled
474     Section 8.  Section 338.001, Florida Statutes, is repealed.
475     Section 9.  Subsections (1) through (6) of section 338.01,
476Florida Statutes, are renumbered as subsections (2) through (7),
477respectively, and a new subsection (1) is added to that section
478to read:
479     338.01  Authority to establish and regulate limited access
481     (1)  The department is authorized to establish limited
482access facilities as provided in s. 335.02. The primary function
483of such limited access facilities is to allow high-speed and
484high-volume traffic movements within the state. Access to
485abutting land is subordinate to this function, and such access
486must be prohibited or highly regulated.
487     Section 10.  Section 339.155, Florida Statutes, is amended
488to read:
489     339.155  Transportation planning.-
490     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
491develop and annually update a statewide transportation plan, to
492be known as the Florida Transportation Plan. The plan shall be
493designed so as to be easily read and understood by the general
494public. The purpose of the Florida Transportation Plan is to
495establish and define the state's long-range transportation goals
496and objectives to be accomplished over a period of at least 20
497years within the context of the State Comprehensive Plan, and
498any other statutory mandates and authorizations and based upon
499the prevailing principles of: preserving the existing
500transportation infrastructure; enhancing Florida's economic
501competitiveness; and improving travel choices to ensure
502mobility. The Florida Transportation Plan shall consider the
503needs of the entire state transportation system and examine the
504use of all modes of transportation to effectively and
505efficiently meet such needs.
506     (2)  SCOPE OF PLANNING PROCESS.-The department shall carry
507out a transportation planning process in conformance with s.
508334.046(1) and 23 U.S.C. s. 135. which provides for
509consideration of projects and strategies that will:
510     (a)  Support the economic vitality of the United States,
511Florida, and the metropolitan areas, especially by enabling
512global competitiveness, productivity, and efficiency;
513     (b)  Increase the safety and security of the transportation
514system for motorized and nonmotorized users;
515     (c)  Increase the accessibility and mobility options
516available to people and for freight;
517     (d)  Protect and enhance the environment, promote energy
518conservation, and improve quality of life;
519     (e)  Enhance the integration and connectivity of the
520transportation system, across and between modes throughout
521Florida, for people and freight;
522     (f)  Promote efficient system management and operation; and
523     (g)  Emphasize the preservation of the existing
524transportation system.
525     (3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
526Transportation Plan shall be a unified, concise planning
527document that clearly defines the state's long-range
528transportation goals and objectives and documents the
529department's short-range objectives developed to further such
530goals and objectives. The plan shall:
531     (a)  Include a glossary that clearly and succinctly defines
532any and all phrases, words, or terms of art included in the
533plan, with which the general public may be unfamiliar. and shall
534consist of, at a minimum, the following components:
535     (b)(a)  Document A long-range component documenting the
536goals and long-term objectives necessary to implement the
537results of the department consistent with department's findings
538from its examination of the criteria listed in subsection (2)
539and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
541     (c)  Be developed in cooperation with the metropolitan
542planning organizations and reconciled, to the maximum extent
543feasible, with the long-range plans developed by metropolitan
544planning organizations pursuant to s. 339.175. The plan must
546     (d)  Be developed in consultation with affected local
547officials in nonmetropolitan areas and with any affected Indian
548tribal governments. The plan must
549     (e)  Provide an examination of transportation issues likely
550to arise during at least a 20-year period. The long-range
551component shall
552     (f)  Be updated at least once every 5 years, or more often
553as necessary, to reflect substantive changes to federal or state
555     (b)  A short-range component documenting the short-term
556objectives and strategies necessary to implement the goals and
557long-term objectives contained in the long-range component. The
558short-range component must define the relationship between the
559long-range goals and the short-range objectives, specify those
560objectives against which the department's achievement of such
561goals will be measured, and identify transportation strategies
562necessary to efficiently achieve the goals and objectives in the
563plan. It must provide a policy framework within which the
564department's legislative budget request, the strategic
565information resource management plan, and the work program are
566developed. The short-range component shall serve as the
567department's annual agency strategic plan pursuant to s.
568186.021. The short-range component shall be developed consistent
569with available and forecasted state and federal funds. The
570short-range component shall also be submitted to the Florida
571Transportation Commission.
572     (4)  ANNUAL PERFORMANCE REPORT.-The department shall
573develop an annual performance report evaluating the operation of
574the department for the preceding fiscal year. The report shall
575also include a summary of the financial operations of the
576department and shall annually evaluate how well the adopted work
577program meets the short-term objectives contained in the short-
578range component of the Florida Transportation Plan. This
579performance report shall be submitted to the Florida
580Transportation Commission and the legislative appropriations and
581transportation committees.
583     (a)  Upon request by local governmental entities, the
584department may in its discretion develop and design
585transportation corridors, arterial and collector streets,
586vehicular parking areas, and other support facilities which are
587consistent with the plans of the department for major
588transportation facilities. The department may render to local
589governmental entities or their planning agencies such technical
590assistance and services as are necessary so that local plans and
591facilities are coordinated with the plans and facilities of the
593     (b)  Each regional planning council, as provided for in s.
594186.504, or any successor agency thereto, shall develop, as an
595element of its strategic regional policy plan, transportation
596goals and policies. The transportation goals and policies must
597be prioritized to comply with the prevailing principles provided
598in subsection (2) and s. 334.046(1). The transportation goals
599and policies shall be consistent, to the maximum extent
600feasible, with the goals and policies of the metropolitan
601planning organization and the Florida Transportation Plan. The
602transportation goals and policies of the regional planning
603council will be advisory only and shall be submitted to the
604department and any affected metropolitan planning organization
605for their consideration and comments. Metropolitan planning
606organization plans and other local transportation plans shall be
607developed consistent, to the maximum extent feasible, with the
608regional transportation goals and policies. The regional
609planning council shall review urbanized area transportation
610plans and any other planning products stipulated in s. 339.175
611and provide the department and respective metropolitan planning
612organizations with written recommendations which the department
613and the metropolitan planning organizations shall take under
614advisement. Further, the regional planning councils shall
615directly assist local governments which are not part of a
616metropolitan area transportation planning process in the
617development of the transportation element of their comprehensive
618plans as required by s. 163.3177.
619     (c)  Regional transportation plans may be developed in
620regional transportation areas in accordance with an interlocal
621agreement entered into pursuant to s. 163.01 by two or more
622contiguous metropolitan planning organizations; one or more
623metropolitan planning organizations and one or more contiguous
624counties, none of which is a member of a metropolitan planning
625organization; a multicounty regional transportation authority
626created by or pursuant to law; two or more contiguous counties
627that are not members of a metropolitan planning organization; or
628metropolitan planning organizations comprised of three or more
630     (d)  The interlocal agreement must, at a minimum, identify
631the entity that will coordinate the development of the regional
632transportation plan; delineate the boundaries of the regional
633transportation area; provide the duration of the agreement and
634specify how the agreement may be terminated, modified, or
635rescinded; describe the process by which the regional
636transportation plan will be developed; and provide how members
637of the entity will resolve disagreements regarding
638interpretation of the interlocal agreement or disputes relating
639to the development or content of the regional transportation
640plan. Such interlocal agreement shall become effective upon its
641recordation in the official public records of each county in the
642regional transportation area.
643     (e)  The regional transportation plan developed pursuant to
644this section must, at a minimum, identify regionally significant
645transportation facilities located within a regional
646transportation area and contain a prioritized list of regionally
647significant projects. The level-of-service standards for
648facilities to be funded under this subsection shall be adopted
649by the appropriate local government in accordance with s.
650163.3180(10). The projects shall be adopted into the capital
651improvements schedule of the local government comprehensive plan
652pursuant to s. 163.3177(3).
655     (a)  During the development of the long-range component of
656the Florida Transportation Plan and prior to substantive
657revisions, the department shall provide citizens, affected
658public agencies, representatives of transportation agency
659employees, other affected employee representatives, private
660providers of transportation, and other known interested parties
661with an opportunity to comment on the proposed plan or
662revisions. These opportunities shall include, at a minimum,
663publishing a notice in the Florida Administrative Weekly and
664within a newspaper of general circulation within the area of
665each department district office.
666     (b)  During development of major transportation
667improvements, such as those increasing the capacity of a
668facility through the addition of new lanes or providing new
669access to a limited or controlled access facility or
670construction of a facility in a new location, the department
671shall hold one or more hearings prior to the selection of the
672facility to be provided; prior to the selection of the site or
673corridor of the proposed facility; and prior to the selection of
674and commitment to a specific design proposal for the proposed
675facility. Such public hearings shall be conducted so as to
676provide an opportunity for effective participation by interested
677persons in the process of transportation planning and site and
678route selection and in the specific location and design of
679transportation facilities. The various factors involved in the
680decision or decisions and any alternative proposals shall be
681clearly presented so that the persons attending the hearing may
682present their views relating to the decision or decisions which
683will be made.
684     (c)  Opportunity for design hearings:
685     1.  The department, prior to holding a design hearing,
686shall duly notify all affected property owners of record, as
687recorded in the property appraiser's office, by mail at least 20
688days prior to the date set for the hearing. The affected
689property owners shall be:
690     a.  Those whose property lies in whole or in part within
691300 feet on either side of the centerline of the proposed
693     b.  Those whom the department determines will be
694substantially affected environmentally, economically, socially,
695or safetywise.
696     2.  For each subsequent hearing, the department shall
697publish notice prior to the hearing date in a newspaper of
698general circulation for the area affected. These notices must be
699published twice, with the first notice appearing at least 15
700days, but no later than 30 days, before the hearing.
701     3.  A copy of the notice of opportunity for the hearing
702must be furnished to the United States Department of
703Transportation and to the appropriate departments of the state
704government at the time of publication.
705     4.  The opportunity for another hearing shall be afforded
706in any case when proposed locations or designs are so changed
707from those presented in the notices specified above or at a
708hearing as to have a substantially different social, economic,
709or environmental effect.
710     5.  The opportunity for a hearing shall be afforded in each
711case in which the department is in doubt as to whether a hearing
712is required.
713     Section 11.  Section 339.62, Florida Statutes, is amended
714to read:
715     339.62  System components.-The Strategic Intermodal System
716shall consist of appropriate components of:
717     (1)  Highway corridors The Florida Intrastate Highway
718System established under s. 339.65 s. 338.001.
719     (2)  The National Highway System.
720     (3)  Airport, seaport, and spaceport facilities.
721     (4)  Rail lines and rail facilities.
722     (5)  Selected intermodal facilities; passenger and freight
723terminals; and appropriate components of the State Highway
724System, county road system, city street system, inland
725waterways, and local public transit systems that serve as
726existing or planned connectors between the components listed in
727subsections (1)-(4).
728     (6)  Other existing or planned corridors that serve a
729statewide or interregional purpose.
730     Section 12.  Subsection (2) of section 339.63, Florida
731Statutes, is amended to read:
732     339.63  System facilities designated; additions and
734     (2)  The Strategic Intermodal System and the Emerging
735Strategic Intermodal System include four three different types
736of facilities that each form one component of an interconnected
737transportation system which types include:
738     (a)  Existing or planned hubs that are ports and terminals
739including airports, seaports, spaceports, passenger terminals,
740and rail terminals serving to move goods or people between
741Florida regions or between Florida and other markets in the
742United States and the rest of the world;
743     (b)  Existing or planned corridors that are highways, rail
744lines, waterways, and other exclusive-use facilities connecting
745major markets within Florida or between Florida and other states
746or nations; and
747     (c)  Existing or planned intermodal connectors that are
748highways, rail lines, waterways or local public transit systems
749serving as connectors between the components listed in
750paragraphs (a) and (b).
751     (d)  Existing or planned military access facilities that
752are highways or rail lines linking Strategic Intermodal System
753corridors to the state's strategic military installations.
754     Section 13.  Section 339.64, Florida Statutes, is amended
755to read:
756     339.64  Strategic Intermodal System Plan.-
757     (1)  The department shall develop, in cooperation with
758metropolitan planning organizations, regional planning councils,
759local governments, the Statewide Intermodal Transportation
760Advisory Council and other transportation providers, a Strategic
761Intermodal System Plan. The plan shall be consistent with the
762Florida Transportation Plan developed pursuant to s. 339.155 and
763shall be updated at least once every 5 years, subsequent to
764updates of the Florida Transportation Plan.
765     (2)  In association with the continued development of the
766Strategic Intermodal System Plan, the Florida Transportation
767Commission, as part of its work program review process, shall
768conduct an annual assessment of the progress that the department
769and its transportation partners have made in realizing the goals
770of economic development, improved mobility, and increased
771intermodal connectivity of the Strategic Intermodal System. The
772Florida Transportation Commission shall coordinate with the
773department, the Statewide Intermodal Transportation Advisory
774Council, and other appropriate entities when developing this
775assessment. The Florida Transportation Commission shall deliver
776a report to the Governor and Legislature no later than 14 days
777after the regular session begins, with recommendations as
778necessary to fully implement the Strategic Intermodal System.
779     (3)(a)  During the development of updates to the Strategic
780Intermodal System Plan, the department shall provide
781metropolitan planning organizations, regional planning councils,
782local governments, transportation providers, affected public
783agencies, and citizens with an opportunity to participate in and
784comment on the development of the update.
785     (b)  The department also shall coordinate with federal,
786regional, and local partners the planning for the Strategic
787Highway Network and the Strategic Rail Corridor Network
788transportation facilities that either are included in the
789Strategic Intermodal System or that provide a direct connection
790between military installations and the Strategic Intermodal
791System. In addition, the department shall coordinate with
792regional and local partners to determine whether the road and
793other transportation infrastructure that connect military
794installations to the Strategic Intermodal System, the Strategic
795Highway Network, or the Strategic Rail Corridor is regionally
796significant and should be included in the Strategic Intermodal
797System Plan.
798     (4)  The Strategic Intermodal System Plan shall include the
800     (a)  A needs assessment.
801     (b)  A project prioritization process.
802     (c)  A map of facilities designated as Strategic Intermodal
803System facilities; facilities that are emerging in importance
804and that are likely to become part of the system in the future;
805and planned facilities that will meet the established criteria.
806     (d)  A finance plan based on reasonable projections of
807anticipated revenues, including both 10-year and at least 20-
808year cost-feasible components.
809     (e)  An assessment of the impacts of proposed improvements
810to Strategic Intermodal System corridors on military
811installations that are either located directly on the Strategic
812Intermodal System or located on the Strategic Highway Network or
813Strategic Rail Corridor Network.
815     (a)  The Statewide Intermodal Transportation Advisory
816Council is created to advise and make recommendations to the
817Legislature and the department on policies, planning, and
818funding of intermodal transportation projects. The council's
819responsibilities shall include:
820     1.  Advising the department on the policies, planning, and
821implementation of strategies related to intermodal
823     2.  Providing advice and recommendations to the Legislature
824on funding for projects to move goods and people in the most
825efficient and effective manner for the State of Florida.
826     (b)  MEMBERSHIP.-Members of the Statewide Intermodal
827Transportation Advisory Council shall consist of the following:
828     1.  Six intermodal industry representatives selected by the
829Governor as follows:
830     a.  One representative from an airport involved in the
831movement of freight and people from their airport facility to
832another transportation mode.
833     b.  One individual representing a fixed-route, local-
834government transit system.
835     c.  One representative from an intercity bus company
836providing regularly scheduled bus travel as determined by
837federal regulations.
838     d.  One representative from a spaceport.
839     e.  One representative from intermodal trucking companies.
840     f.  One representative having command responsibilities of a
841major military installation.
842     2.  Three intermodal industry representatives selected by
843the President of the Senate as follows:
844     a.  One representative from major-line railroads.
845     b.  One representative from seaports listed in s. 311.09(1)
846from the Atlantic Coast.
847     c.  One representative from an airport involved in the
848movement of freight and people from their airport facility to
849another transportation mode.
850     3.  Three intermodal industry representatives selected by
851the Speaker of the House of Representatives as follows:
852     a.  One representative from short-line railroads.
853     b.  One representative from seaports listed in s. 311.09(1)
854from the Gulf Coast.
855     c.  One representative from intermodal trucking companies.
856In no event may this representative be employed by the same
857company that employs the intermodal trucking company
858representative selected by the Governor.
859     (c)  Initial appointments to the council must be made no
860later than 30 days after the effective date of this section.
861     1.  The initial appointments made by the President of the
862Senate and the Speaker of the House of Representatives shall
863serve terms concurrent with those of the respective appointing
864officer. Beginning January 15, 2005, and for all subsequent
865appointments, council members appointed by the President of the
866Senate and the Speaker of the House of Representatives shall
867serve 2-year terms, concurrent with the term of the respective
868appointing officer.
869     2.  The initial appointees, and all subsequent appointees,
870made by the Governor shall serve 2-year terms.
871     3.  Vacancies on the council shall be filled in the same
872manner as the initial appointments.
873     (d)  Each member of the council shall be allowed one vote.
874The council shall select a chair from among its membership.
875Meetings shall be held at the call of the chair, but not less
876frequently than quarterly. The members of the council shall be
877reimbursed for per diem and travel expenses as provided in s.
879     (e)  The department shall provide administrative staff
880support and shall ensure that council meetings are
881electronically recorded. Such recordings and all documents
882received, prepared for, or used by the council in conducting its
883business shall be preserved pursuant to chapters 119 and 257.
884     Section 14.  Section 339.65, Florida Statutes, is created
885to read:
886     339.65  Strategic Intermodal System highway corridors.-
887     (1)  The department shall plan and develop Strategic
888Intermodal System highway corridors, including limited and
889controlled access facilities, allowing for high-speed and high-
890volume traffic movements within the state. The primary function
891of these corridors is to provide such traffic movements. Access
892to abutting land is subordinate to this function, and such
893access must be prohibited or highly regulated.
894     (2)  Strategic Intermodal System highway corridors shall
895include facilities from the following components of the State
896Highway System that meet the criteria adopted by the department
897pursuant to s. 339.63:
898     (a)  Interstate highways.
899     (b)  The Florida Turnpike System.
900     (c)  Interregional and intercity limited access facilities.
901     (d)  Existing interregional and intercity arterial highways
902previously upgraded or upgraded in the future to limited access
903or controlled access facility standards.
904     (e)  New limited access facilities necessary to complete a
905balanced statewide system.
906     (3)  The department shall adhere to the following policy
907guidelines in the development of Strategic Intermodal System
908highway corridors:
909     (a)  Make capacity improvements to existing facilities
910where feasible to minimize costs and environmental impacts.
911     (b)  Identify appropriate arterial highways in major
912transportation corridors for inclusion in a program to bring
913these facilities up to limited access or controlled access
914facility standards.
915     (c)  Coordinate proposed projects with appropriate limited
916access projects undertaken by expressway authorities and local
917governmental entities.
918     (d)  Maximize the use of limited access facility standards
919when constructing new arterial highways.
920     (e)  Identify appropriate new limited access highways for
921inclusion as a part of the Florida Turnpike System.
922     (f)  To the maximum extent feasible, ensure that proposed
923projects are consistent with approved local government
924comprehensive plans of the local jurisdictions in which such
925facilities are to be located and with the transportation
926improvement program of any metropolitan planning organization in
927which such facilities are to be located.
928     (4)  The department shall develop and maintain a plan of
929Strategic Intermodal System highway corridor projects that are
930anticipated to be let to contract for construction within a time
931period of at least 20 years. The plan shall also identify when
932segments of the corridor will meet the standards and criteria
933developed pursuant to subsection (5).
934     (5)  The department shall establish the standards and
935criteria for the functional characteristics and design of
936facilities proposed as part of Strategic Intermodal System
937highway corridors.
938     (6)  For the purposes of developing the proposed Strategic
939Intermodal System highway corridors, beginning in fiscal year
9402003-2004 and for each fiscal year thereafter, the minimum
941amount allocated shall be based on the fiscal year 2003-2004
942allocation of $450 million adjusted annually by the change in
943the Consumer Price Index for the prior fiscal year compared to
944the Consumer Price Index for fiscal year 2003-2004.
945     (7)  Any project to be constructed as part of a Strategic
946Intermodal System highway corridor shall be included in the
947department's adopted work program. Any Strategic Intermodal
948System highway corridor projects that are added to or deleted
949from the previous adopted work program, or any modification to
950Strategic Intermodal System highway corridor projects contained
951in the previous adopted work program, shall be specifically
952identified and submitted as a separate part of the tentative
953work program.
954     Section 15.  Paragraph (a) of subsection (12) of section
955163.3180, Florida Statutes, is amended to read:
956     163.3180  Concurrency.-
957     (12)(a)  A development of regional impact may satisfy the
958transportation concurrency requirements of the local
959comprehensive plan, the local government's concurrency
960management system, and s. 380.06 by payment of a proportionate-
961share contribution for local and regionally significant traffic
962impacts, if:
963     1.  The development of regional impact which, based on its
964location or mix of land uses, is designed to encourage
965pedestrian or other nonautomotive modes of transportation;
966     2.  The proportionate-share contribution for local and
967regionally significant traffic impacts is sufficient to pay for
968one or more required mobility improvements that will benefit a
969regionally significant transportation facility;
970     3.  The owner and developer of the development of regional
971impact pays or assures payment of the proportionate-share
972contribution; and
973     4.  If the regionally significant transportation facility
974to be constructed or improved is under the maintenance authority
975of a governmental entity, as defined by s. 334.03(12), other
976than the local government with jurisdiction over the development
977of regional impact, the developer is required to enter into a
978binding and legally enforceable commitment to transfer funds to
979the governmental entity having maintenance authority or to
980otherwise assure construction or improvement of the facility.
982The proportionate-share contribution may be applied to any
983transportation facility to satisfy the provisions of this
984subsection and the local comprehensive plan, but, for the
985purposes of this subsection, the amount of the proportionate-
986share contribution shall be calculated based upon the cumulative
987number of trips from the proposed development expected to reach
988roadways during the peak hour from the complete buildout of a
989stage or phase being approved, divided by the change in the peak
990hour maximum service volume of roadways resulting from
991construction of an improvement necessary to maintain the adopted
992level of service, multiplied by the construction cost, at the
993time of developer payment, of the improvement necessary to
994maintain the adopted level of service. For purposes of this
995subsection, "construction cost" includes all associated costs of
996the improvement. Proportionate-share mitigation shall be limited
997to ensure that a development of regional impact meeting the
998requirements of this subsection mitigates its impact on the
999transportation system but is not responsible for the additional
1000cost of reducing or eliminating backlogs. This subsection also
1001applies to Florida Quality Developments pursuant to s. 380.061
1002and to detailed specific area plans implementing optional sector
1003plans pursuant to s. 163.3245.
1004     Section 16.  Paragraph (k) of subsection (1) of section
1005163.3187, Florida Statutes, is amended to read:
1006     163.3187  Amendment of adopted comprehensive plan.-
1007     (1)  Amendments to comprehensive plans adopted pursuant to
1008this part may be made not more than two times during any
1009calendar year, except:
1010     (k)  A local comprehensive plan amendment directly related
1011to providing transportation improvements to enhance life safety
1012on controlled access major arterial highways identified in the
1013Strategic Intermodal System Florida Intrastate Highway System,
1014in counties as defined in s. 125.011, where such roadways have a
1015high incidence of traffic accidents resulting in serious injury
1016or death. Any such amendment shall not include any amendment
1017modifying the designation on a comprehensive development plan
1018land use map nor any amendment modifying the allowable densities
1019or intensities of any land.
1020     Section 17.  Subsection (3) of section 288.063, Florida
1021Statutes, is amended to read:
1022     288.063  Contracts for transportation projects.-
1023     (3)  With respect to any contract executed pursuant to this
1024section, the term "transportation project" means a
1025transportation facility as defined in s. 334.03(31) which is
1026necessary in the judgment of the Office of Tourism, Trade, and
1027Economic Development to facilitate the economic development and
1028growth of the state. Except for applications received prior to
1029July 1, 1996, such transportation projects shall be approved
1030only as a consideration to attract new employment opportunities
1031to the state or expand or retain employment in existing
1032companies operating within the state, or to allow for the
1033construction or expansion of a state or federal correctional
1034facility in a county with a population of 75,000 or less that
1035creates new employment opportunities or expands or retains
1036employment in the county. The Office of Tourism, Trade, and
1037Economic Development shall institute procedures to ensure that
1038small and minority businesses have equal access to funding
1039provided under this section. Funding for approved transportation
1040projects may include any expenses, other than administrative
1041costs and equipment purchases specified in the contract,
1042necessary for new, or improvement to existing, transportation
1043facilities. Funds made available pursuant to this section may
1044not be expended in connection with the relocation of a business
1045from one community to another community in this state unless the
1046Office of Tourism, Trade, and Economic Development determines
1047that without such relocation the business will move outside this
1048state or determines that the business has a compelling economic
1049rationale for the relocation which creates additional jobs.
1050Subject to appropriation for projects under this section, any
1051appropriation greater than $10 million shall be allocated to
1052each of the districts of the Department of Transportation to
1053ensure equitable geographical distribution. Such allocated funds
1054that remain uncommitted by the third quarter of the fiscal year
1055shall be reallocated among the districts based on pending
1056project requests.
1057     Section 18.  Paragraph (b) of subsection (3) of section
1058311.07, Florida Statutes, is amended to read:
1059     311.07  Florida seaport transportation and economic
1060development funding.-
1061     (3)
1062     (b)  Projects eligible for funding by grants under the
1063program are limited to the following port facilities or port
1064transportation projects:
1065     1.  Transportation facilities within the jurisdiction of
1066the port.
1067     2.  The dredging or deepening of channels, turning basins,
1068or harbors.
1069     3.  The construction or rehabilitation of wharves, docks,
1070structures, jetties, piers, storage facilities, cruise
1071terminals, automated people mover systems, or any facilities
1072necessary or useful in connection with any of the foregoing.
1073     4.  The acquisition of vessel tracking systems, container
1074cranes, or other mechanized equipment used in the movement of
1075cargo or passengers in international commerce.
1076     5.  The acquisition of land to be used for port purposes.
1077     6.  The acquisition, improvement, enlargement, or extension
1078of existing port facilities.
1079     7.  Environmental protection projects which are necessary
1080because of requirements imposed by a state agency as a condition
1081of a permit or other form of state approval; which are necessary
1082for environmental mitigation required as a condition of a state,
1083federal, or local environmental permit; which are necessary for
1084the acquisition of spoil disposal sites and improvements to
1085existing and future spoil sites; or which result from the
1086funding of eligible projects listed in this paragraph.
1087     8.  Transportation facilities as defined in s. 334.03(31)
1088which are not otherwise part of the Department of
1089Transportation's adopted work program.
1090     9.  Seaport intermodal access projects identified in the 5-
1091year Florida Seaport Mission Plan as provided in s. 311.09(3).
1092     10.  Construction or rehabilitation of port facilities as
1093defined in s. 315.02, excluding any park or recreational
1094facilities, in ports listed in s. 311.09(1) with operating
1095revenues of $5 million or less, provided that such projects
1096create economic development opportunities, capital improvements,
1097and positive financial returns to such ports.
1098     Section 19.  Subsection (7) of section 311.09, Florida
1099Statutes, is amended to read:
1100     311.09  Florida Seaport Transportation and Economic
1101Development Council.-
1102     (7)  The Department of Transportation shall review the list
1103of projects approved by the council for consistency with the
1104Florida Transportation Plan and the department's adopted work
1105program. In evaluating the consistency of a project, the
1106department shall determine whether the transportation impact of
1107the proposed project is adequately handled by existing state-
1108owned transportation facilities or by the construction of
1109additional state-owned transportation facilities as identified
1110in the Florida Transportation Plan and the department's adopted
1111work program. In reviewing for consistency a transportation
1112facility project as defined in s. 334.03(31) which is not
1113otherwise part of the department's work program, the department
1114shall evaluate whether the project is needed to provide for
1115projected movement of cargo or passengers from the port to a
1116state transportation facility or local road. If the project is
1117needed to provide for projected movement of cargo or passengers,
1118the project shall be approved for consistency as a consideration
1119to facilitate the economic development and growth of the state
1120in a timely manner. The Department of Transportation shall
1121identify those projects which are inconsistent with the Florida
1122Transportation Plan and the adopted work program and shall
1123notify the council of projects found to be inconsistent.
1124     Section 20.  Section 316.2122, Florida Statutes, is amended
1125to read:
1126     316.2122  Operation of a low-speed vehicle or mini truck on
1127certain roadways.-The operation of a low-speed vehicle as
1128defined in s. 320.01(42) or a mini truck as defined in s.
1129320.01(45) on any road as defined in s. 334.03(15) or (33) is
1130authorized with the following restrictions:
1131     (1)  A low-speed vehicle or mini truck may be operated only
1132on streets where the posted speed limit is 35 miles per hour or
1133less. This does not prohibit a low-speed vehicle or mini truck
1134from crossing a road or street at an intersection where the road
1135or street has a posted speed limit of more than 35 miles per
1137     (2)  A low-speed vehicle must be equipped with headlamps,
1138stop lamps, turn signal lamps, taillamps, reflex reflectors,
1139parking brakes, rearview mirrors, windshields, seat belts, and
1140vehicle identification numbers.
1141     (3)  A low-speed vehicle or mini truck must be registered
1142and insured in accordance with s. 320.02 and titled pursuant to
1143chapter 319.
1144     (4)  Any person operating a low-speed vehicle or mini truck
1145must have in his or her possession a valid driver's license.
1146     (5)  A county or municipality may prohibit the operation of
1147low-speed vehicles or mini trucks on any road under its
1148jurisdiction if the governing body of the county or municipality
1149determines that such prohibition is necessary in the interest of
1151     (6)  The Department of Transportation may prohibit the
1152operation of low-speed vehicles or mini trucks on any road under
1153its jurisdiction if it determines that such prohibition is
1154necessary in the interest of safety.
1155     Section 21.  Section 318.12, Florida Statutes, is amended
1156to read:
1157     318.12  Purpose.-It is the legislative intent in the
1158adoption of this chapter to decriminalize certain violations of
1159chapter 316, the Florida Uniform Traffic Control Law; chapter
1160320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
1161chapter 338, Limited Access Florida Intrastate Highway System
1162and Toll Facilities; and chapter 1006, Support of Learning,
1163thereby facilitating the implementation of a more uniform and
1164expeditious system for the disposition of traffic infractions.
1165     Section 22.  Subsection (3) of section 335.02, Florida
1166Statutes, is amended to read:
1167     335.02  Authority to designate transportation facilities
1168and rights-of-way and establish lanes; procedure for
1169redesignation and relocation; application of local regulations.-
1170     (3)  The department may establish standards for lanes on
1171the State Highway System, including the Strategic Intermodal
1172System highway corridors Florida Intrastate Highway System
1173established pursuant to s. 339.65 338.001. In determining the
1174number of lanes for any regional corridor or section of highway
1175on the State Highway System to be funded by the department with
1176state or federal funds, the department shall evaluate all
1177alternatives and seek to achieve the highest degree of efficient
1178mobility for corridor users. In conducting the analysis, the
1179department must give consideration to the following factors
1180consistent with sound engineering principles:
1181     (a)  Overall economic importance of the corridor as a trade
1182or tourism corridor.
1183     (b)  Safety of corridor users, including the importance of
1184the corridor for evacuation purposes.
1185     (c)  Cost-effectiveness of alternative methods of
1186increasing the mobility of corridor users.
1187     (d)  Current and projected traffic volumes on the corridor.
1188     (e)  Multimodal alternatives.
1189     (f)  Use of intelligent transportation technology in
1190increasing the efficiency of the corridor.
1191     (g)  Compliance with state and federal policies related to
1192clean air, environmental impacts, growth management, livable
1193communities, and energy conservation.
1194     (h)  Addition of special use lanes, such as exclusive truck
1195lanes, high-occupancy-vehicle toll lanes, and exclusive
1196interregional traffic lanes.
1197     (i)  Availability and cost of rights-of-way, including
1198associated costs, and the most effective use of existing rights-
1200     (j)  Regional economic and transportation objectives, where
1202     (k)  The future land use plan element of local government
1203comprehensive plans, as appropriate, including designated urban
1204infill and redevelopment areas.
1205     (l)  The traffic circulation element, if applicable, of
1206local government comprehensive plans, including designated
1207transportation corridors and public transportation corridors.
1208     (m)  The approved metropolitan planning organization's
1209long-range transportation plan, as appropriate.
1211This subsection does not preclude a number of lanes in excess of
121210 lanes, but an additional factor that must be considered
1213before the department may determine that the number of lanes
1214should be more than 10 is the capacity to accommodate in the
1215future alternative forms of transportation within existing or
1216potential rights-of-way.
1217     Section 23.  Section 336.01, Florida Statutes, is amended
1218to read:
1219     336.01  Designation of county road system.-The county road
1220system shall be as defined in s. 334.03(8).
1221     Section 24.  Subsection (2) of section 338.222, Florida
1222Statutes, is amended to read:
1223     338.222  Department of Transportation sole governmental
1224entity to acquire, construct, or operate turnpike projects;
1226     (2)  The department may contract with any local
1227governmental entity as defined in s. 334.03(13)(14) for the
1228design, right-of-way acquisition, or construction of any
1229turnpike project which the Legislature has approved. Local
1230governmental entities may negotiate with the department for the
1231design, right-of-way acquisition, and construction of any
1232section of the turnpike project within areas of their respective
1233jurisdictions or within counties with which they have interlocal
1235     Section 25.  Paragraph (b) of subsection (1) of section
1236338.223, Florida Statutes, is amended to read:
1237     338.223  Proposed turnpike projects.-
1238     (1)
1239     (b)  Any proposed turnpike project or improvement shall be
1240developed in accordance with the Florida Transportation Plan and
1241the work program pursuant to s. 339.135. Turnpike projects that
1242add capacity, alter access, affect feeder roads, or affect the
1243operation of the local transportation system shall be included
1244in the transportation improvement plan of the affected
1245metropolitan planning organization. If such turnpike project
1246does not fall within the jurisdiction of a metropolitan planning
1247organization, the department shall notify the affected county
1248and provide for public hearings in accordance with s.
1250     Section 26.  Subsection (4) of section 338.227, Florida
1251Statutes, is amended to read:
1252     338.227  Turnpike revenue bonds.-
1253     (4)  The Department of Transportation and the Department of
1254Management Services shall create and implement an outreach
1255program designed to enhance the participation of minority
1256persons and minority business enterprises in all contracts
1257entered into by their respective departments for services
1258related to the financing of department projects for the
1259Strategic Intermodal System Plan developed pursuant to s. 339.64
1260Florida Intrastate Highway System Plan. These services shall
1261include, but not be limited to, bond counsel and bond
1263     Section 27.  Subsection (2) of section 338.2275, Florida
1264Statutes, is amended to read:
1265     338.2275  Approved turnpike projects.-
1266     (2)  The department is authorized to use turnpike revenues,
1267the State Transportation Trust Fund moneys allocated for
1268turnpike projects pursuant to s. 339.65 s. 338.001, federal
1269funds, and bond proceeds, and shall use the most cost-efficient
1270combination of such funds, in developing a financial plan for
1271funding turnpike projects. The department must submit a report
1272of the estimated cost for each ongoing turnpike project and for
1273each planned project to the Legislature 14 days before the
1274convening of the regular legislative session. Verification of
1275economic feasibility and statements of environmental feasibility
1276for individual turnpike projects must be based on the entire
1277project as approved. Statements of environmental feasibility are
1278not required for those projects listed in s. 12, chapter 90-136,
1279Laws of Florida, for which the Project Development and
1280Environmental Reports were completed by July 1, 1990. All
1281required environmental permits must be obtained before the
1282department may advertise for bids for contracts for the
1283construction of any turnpike project.
1284     Section 28.  Section 338.228, Florida Statutes, is amended
1285to read:
1286     338.228  Bonds not debts or pledges of credit of state.-
1287Turnpike revenue bonds issued under the provisions of ss.
1288338.22-338.241 are not debts of the state or pledges of the
1289faith and credit of the state. Such bonds are payable
1290exclusively from revenues pledged for their payment. All such
1291bonds shall contain a statement on their face that the state is
1292not obligated to pay the same or the interest thereon, except
1293from the revenues pledged for their payment, and that the faith
1294and credit of the state is not pledged to the payment of the
1295principal or interest of such bonds. The issuance of turnpike
1296revenue bonds under the provisions of ss. 338.22-338.241 does
1297not directly, indirectly, or contingently obligate the state to
1298levy or to pledge any form of taxation whatsoever, or to make
1299any appropriation for their payment. Except as provided in ss.
1300338.001, 338.223, and 338.2275, and 339.65, no state funds shall
1301be used on any turnpike project or to pay the principal or
1302interest of any bonds issued to finance or refinance any portion
1303of the turnpike system, and all such bonds shall contain a
1304statement on their face to this effect.
1305     Section 29.  Subsection (2) of section 338.234, Florida
1306Statutes, is amended to read:
1307     338.234  Granting concessions or selling along the turnpike
1308system; immunity from taxation.-
1309     (2)  The effectuation of the authorized purposes of the
1310Strategic Intermodal System, created under ss. 339.61-339.65,
1311Florida Intrastate Highway System and Florida Turnpike
1312Enterprise, created under this chapter, is for the benefit of
1313the people of the state, for the increase of their commerce and
1314prosperity, and for the improvement of their health and living
1315conditions; and, because the system and enterprise perform
1316essential government functions in effectuating such purposes,
1317neither the turnpike enterprise nor any nongovernment lessee or
1318licensee renting, leasing, or licensing real property from the
1319turnpike enterprise, pursuant to an agreement authorized by this
1320section, are required to pay any commercial rental tax imposed
1321under s. 212.031 on any capital improvements constructed,
1322improved, acquired, installed, or used for such purposes.
1323     Section 30.  Subsections (1) and (3) of section 339.2819,
1324Florida Statutes, are amended to read:
1325     339.2819  Transportation Regional Incentive Program.-
1326     (1)  There is created within the Department of
1327Transportation a Transportation Regional Incentive Program for
1328the purpose of providing funds to improve regionally significant
1329transportation facilities in regional transportation areas
1330created pursuant to s. 339.155(4)(5).
1331     (3)  The department shall allocate funding available for
1332the Transportation Regional Incentive Program to the districts
1333based on a factor derived from equal parts of population and
1334motor fuel collections for eligible counties in regional
1335transportation areas created pursuant to s. 339.155(4)(5).
1336     Section 31.  Subsection (6) of section 339.285, Florida
1337Statutes, is amended to read:
1338     339.285  Enhanced Bridge Program for Sustainable
1340     (6)  Preference shall be given to bridge projects located
1341on corridors that connect to the Strategic Intermodal System,
1342created under s. 339.64, and that have been identified as
1343regionally significant in accordance with s. 339.155(4)(5)(c),
1344(d), and (e).
1345     Section 32.  Subsection (2) of section 341.053, Florida
1346Statutes, is amended to read:
1347     341.053  Intermodal Development Program; administration;
1348eligible projects; limitations.-
1349     (2)  In recognition of the department's role in the
1350economic development of this state, the department shall develop
1351a proposed intermodal development plan to connect Florida's
1352airports, deepwater seaports, rail systems serving both
1353passenger and freight, and major intermodal connectors to the
1354Strategic Intermodal System highway corridors Florida Intrastate
1355Highway System facilities as the primary system for the movement
1356of people and freight in this state in order to make the
1357intermodal development plan a fully integrated and
1358interconnected system. The intermodal development plan must:
1359     (a)  Define and assess the state's freight intermodal
1360network, including airports, seaports, rail lines and terminals,
1361intercity bus lines and terminals, and connecting highways.
1362     (b)  Prioritize statewide infrastructure investments,
1363including the acceleration of current projects, which are found
1364by the Freight Stakeholders Task Force to be priority projects
1365for the efficient movement of people and freight.
1366     (c)  Be developed in a manner that will assure maximum use
1367of existing facilities and optimum integration and coordination
1368of the various modes of transportation, including both
1369government-owned and privately owned resources, in the most
1370cost-effective manner possible.
1371     Section 33.  Subsection (2) of section 341.8225, Florida
1372Statutes, is amended to read:
1373     341.8225  Department of Transportation sole governmental
1374entity to acquire, construct, or operate high-speed rail
1375projects; exception.-
1376     (2)  Local governmental entities, as defined in s.
1377334.03(13)(14), may negotiate with the department for the
1378design, right-of-way acquisition, and construction of any
1379component of the high-speed rail system within areas of their
1380respective jurisdictions or within counties with which they have
1381interlocal agreements.
1382     Section 34.  Paragraph (a) of subsection (2) of section
1383403.7211, Florida Statutes, is amended to read:
1384     403.7211  Hazardous waste facilities managing hazardous
1385wastes generated offsite; federal facilities managing hazardous
1387     (2)  The department shall not issue any permit under s.
1388403.722 for the construction, initial operation, or substantial
1389modification of a facility for the disposal, storage, or
1390treatment of hazardous waste generated offsite which is proposed
1391to be located in any of the following locations:
1392     (a)  Any area where life-threatening concentrations of
1393hazardous substances could accumulate at any residence or
1394residential subdivision as the result of a catastrophic event at
1395the proposed facility, unless each such residence or residential
1396subdivision is served by at least one arterial road or urban
1397minor arterial road, as determined under the procedures
1398referenced in s. 334.03(9) defined in s. 334.03, which provides
1399safe and direct egress by land to an area where such life-
1400threatening concentrations of hazardous substances could not
1401accumulate in a catastrophic event. Egress by any road leading
1402from any residence or residential subdivision to any point
1403located within 1,000 yards of the proposed facility is unsafe
1404for the purposes of this paragraph. In determining whether
1405egress proposed by the applicant is safe and direct, the
1406department shall also consider, at a minimum, the following
1408     1.  Natural barriers such as water bodies, and whether any
1409road in the proposed evacuation route is impaired by a natural
1410barrier such as a water body;
1411     2.  Potential exposure during egress and potential
1412increases in the duration of exposure;
1413     3.  Whether any road in a proposed evacuation route passes
1414in close proximity to the facility; and
1415     4.  Whether any portion of the evacuation route is
1416inherently directed toward the facility.
1418For the purposes of this subsection, all distances shall be
1419measured from the outer limit of the active hazardous waste
1420management area. "Substantial modification" includes: any
1421physical change in, change in the operations of, or addition to
1422a facility which could increase the potential offsite impact, or
1423risk of impact, from a release at that facility; and any change
1424in permit conditions which is reasonably expected to lead to
1425greater potential impacts or risks of impacts, from a release at
1426that facility. "Substantial modification" does not include a
1427change in operations, structures, or permit conditions which
1428does not substantially increase either the potential impact
1429from, or the risk of, a release. Physical or operational changes
1430to a facility related solely to the management of nonhazardous
1431waste at the facility shall not be considered a substantial
1432modification. The department shall, by rule, adopt criteria to
1433determine whether a facility has been substantially modified.
1434"Initial operation" means the initial commencement of operations
1435at the facility.
1436     Section 35.  Subsection (27) of section 479.01, Florida
1437Statutes, is amended to read:
1438     479.01  Definitions.-As used in this chapter, the term:
1439     (27)  "Urban area" has the same meaning as defined in s.
1441     Section 36.  Subsection (1) of section 479.07, Florida
1442Statutes, is amended to read:
1443     479.07  Sign permits.-
1444     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1445person may not erect, operate, use, or maintain, or cause to be
1446erected, operated, used, or maintained, any sign on the State
1447Highway System outside an urban area, as defined in s.
1448334.03(32), or on any portion of the interstate or federal-aid
1449primary highway system without first obtaining a permit for the
1450sign from the department and paying the annual fee as provided
1451in this section. As used in this section, the term "on any
1452portion of the State Highway System, interstate, or federal-aid
1453primary system" means a sign located within the controlled area
1454which is visible from any portion of the main-traveled way of
1455such system.
1456     Section 37.  Subsection (5) of section 479.261, Florida
1457Statutes, is amended to read:
1458     479.261  Logo sign program.-
1459     (5)  At a minimum, permit fees for businesses that
1460participate in the program must be established in an amount
1461sufficient to offset the total cost to the department for the
1462program, including contract costs. The department shall provide
1463the services in the most efficient and cost-effective manner
1464through department staff or by contracting for some or all of
1465the services. The department shall adopt rules that set
1466reasonable rates based upon factors such as population, traffic
1467volume, market demand, and costs for annual permit fees.
1468However, annual permit fees for sign locations inside an urban
1469area, as defined in s. 334.03(32), may not exceed $3,500, and
1470annual permit fees for sign locations outside an urban area, as
1471defined in s. 334.03(32), may not exceed $2,000. After
1472recovering program costs, the proceeds from the annual permit
1473fees shall be deposited into the State Transportation Trust Fund
1474and used for transportation purposes.
1475     Section 38.  This act shall take effect July 1, 2011.

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