Florida Senate - 2012 CS for SB 1866
By the Committee on Transportation; and Senator Latvala
596-02889-12 20121866c1
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 amending s. 20.23, F.S.; providing that the district
4 secretaries and the executive directors of the
5 Department of Transportation may be registered
6 professional engineers in accordance with the laws of
7 another state; deleting obsolete provisions;
8 authorizing the department to maintain training
9 programs for employees; authorizing incremental
10 increases to base salary for successful completion of
11 training phases; amending s. 206.41, F.S.; revising
12 the definition of the term “agricultural and
13 aquacultural purposes” for the purpose of obtaining a
14 refund of the state motor fuel tax; amending s.
15 282.0041, F.S.; revising the definition of the term
16 “agency” under part I of ch. 282, F.S., to exclude the
17 Office of Toll Operations of the Florida Turnpike
18 Enterprise; amending s. 282.0055, F.S.; exempting the
19 Office of Toll Operations and the Florida Turnpike
20 Enterprise from state information technology
21 management efforts; amending s. 282.201, F.S.;
22 removing the department’s toll offices from the
23 schedule for consolidating agency data centers during
24 the 2014-2015 fiscal year; providing a directive to
25 the Division of Statutory Revision; amending s.
26 311.07, F.S.; increasing funding for the Florida
27 Seaport Transportation and Economic Development
28 Program; requiring the program’s council to develop
29 guidelines for program funding; revising the list of
30 projects eligible for program funding; deleting a cap
31 on distribution of program funds to eligible ports;
32 amending s. 311.09, F.S.; revising the rule criteria
33 for evaluating a potential Florida Seaport
34 Transportation and Economic Development Council
35 project; deleting provisions relating to project
36 review by the Department of Community Affairs;
37 requiring projects to be consistent with the Statewide
38 Seaport and Waterways System Plan; revising the
39 criteria used by the Department of Transportation and
40 the Department of Economic Opportunity to review
41 project applications approved by the council;
42 increasing the amount of funding the Department of
43 Transportation is required to include in its annual
44 legislative budget request for the Florida Seaport
45 Transportation and Economic Development grant program;
46 creating s. 311.10, F.S.; establishing the Strategic
47 Port Investment Initiative within the department;
48 providing annual funding from the State Transportation
49 Trust Fund; directing the department to work with
50 deepwater ports to develop and maintain a specified
51 priority list of strategic investment projects;
52 providing project selection criteria; requiring the
53 department to schedule a publicly noticed workshop
54 with the Department of Economic Opportunity and the
55 deepwater ports to review proposed projects; directing
56 the department to include seaport projects proposed
57 for funding in the tentative work program; excluding
58 project funding from the requirement that a minimum of
59 15 percent of state revenues deposited into the State
60 Transportation Fund be committed to specified public
61 transportation projects; creating s. 311.101, F.S.;
62 establishing the Intermodal Logistics Center
63 Infrastructure Support Program within the department
64 to fund projects conveying or shipping goods through a
65 seaport; defining the term “intermodal logistics
66 center”; providing project criteria; providing for
67 funding; authorizing the department to adopt rules;
68 amending s. 311.14, F.S.; directing the department to
69 develop a Statewide Seaport and Waterways System Plan;
70 deleting provisions relating to the development and
71 integration of freight mobility and trade corridor
72 plans; amending s. 311.22, F.S.; conforming a cross
73 reference; amending s. 316.003, F.S.; revising the
74 definition of the term “motor vehicle” for purposes of
75 the payment of tolls; amending s. 316.091, F.S.;
76 revising provisions relating to prohibitions against
77 operating a human-operated vehicle on a limited access
78 highway; authorizing the department and expressway
79 authorities to designate the use of shoulders of
80 limited access facilities and interstate highways for
81 vehicular traffic under certain conditions; requiring
82 the department to establish a pilot program to open
83 certain limited access highways and bridges to
84 bicycles and other human-powered vehicles; providing
85 requirements for the program; requiring a report;
86 amending s. 316.1001, F.S.; revising provisions
87 relating to mailing citations for failing to pay a
88 toll; amending s. 316.2122, F.S.; deleting a cross
89 reference; amending s. 316.515, F.S.; revising
90 provisions related to the maximum allowed length of
91 straight truck-trailer combinations; revising
92 provisions relating to farm equipment; amending s.
93 318.12, F.S.; conforming provisions to changes made by
94 the act; amending s. 320.01, F.S.; revising the
95 definition of the term “low-speed vehicle”; amending
96 s. 320.20, F.S.; conforming provisions to changes made
97 by the act; amending s. 332.08, F.S.; authorizing a
98 municipality participating in the Federal Aviation
99 Administration’s pilot program on the private
100 ownership of airports to lease or sell airport
101 property to a private party; providing for department
102 approval under certain conditions; reordering and
103 amending s. 334.03, F.S.; revising definitions for
104 purposes of the Florida Transportation Code; amending
105 s. 334.044, F.S.; revising the powers and duties of
106 the department relating to jurisdictional
107 responsibility, the designation of facilities, and
108 highway landscaping, and adding a duty to develop
109 freight mobility and trade plans; amending s. 334.047,
110 F.S.; deleting a prohibition preventing the department
111 from establishing a maximum number of miles of urban
112 principal arterial roads; amending s. 335.02, F.S.;
113 revising references to conform to the incorporation of
114 the Florida Intrastate Highway System into the
115 Strategic Intermodal System; amending s. 335.074,
116 F.S.; requiring the governmental entity having
117 maintenance responsibility for a bridge to reduce the
118 maximum limits for the bridge in accordance with a
119 bridge inspection report and post such limits as
120 specified; requiring the governmental entity to
121 immediately close a bridge if recommended in the
122 report; amending s. 335.17, F.S., relating to highway
123 construction noise abatement; clarifying project
124 eligibility provisions governing noise abatement;
125 updating a reference to a federal regulation; amending
126 s. 336.021, F.S.; revising the date for levying
127 certain fuel taxes; amending s. 336.025, F.S.;
128 revising the date for levying certain fuel taxes;
129 specifying certain transportation program
130 expenditures; amending s. 337.11, F.S.; revising the
131 department’s advertising requirements for bids on
132 certain construction contracts; amending s. 337.111,
133 F.S.; providing additional forms of security for the
134 cost of removing or modifying monuments or memorials
135 at highway rest areas; amending s. 337.125, F.S.;
136 revising provisions relating to the submission of
137 information documenting that a subcontract is with a
138 disadvantaged business enterprise; repealing s.
139 337.137, F.S., relating to subcontract limitations by
140 socially and economically disadvantaged business
141 enterprises; amending s. 337.139, F.S.; updating a
142 reference to federal law as it relates to encouraging
143 the award of contracts to socially and economically
144 disadvantaged business enterprises; amending s.
145 337.14, F.S.; specifying when an application for
146 qualification to bid on a department contract is
147 timely; authorizing certain applicants to submit
148 reviewed annual or reviewed interim financial
149 statements prepared by a certified public accountant;
150 amending ss. 337.403 and 337.404, F.S.; clarifying
151 provisions relating to responsibility for the work and
152 costs for alleviating interference on a public road or
153 publicly owned rail corridor caused by a utility
154 facility; requiring the utility owner to initiate and
155 complete the work necessary within a certain time
156 period; requiring the local governmental authority to
157 bear the costs of work on a utility facility that was
158 initially installed to serve the governmental entity
159 or its tenants; providing that the governmental entity
160 is not responsible for the costs of utility work
161 related to subsequent additions to the facility;
162 requiring that the local governmental authority bear
163 the costs of removing or relocating a utility facility
164 under certain circumstances; providing for notice to
165 the utility; revising provisions for payment of costs;
166 revising provisions for completion of work when the
167 utility owner does not perform the work; amending s.
168 337.408, F.S.; revising provisions for certain
169 facilities installed within the right-of-way limits of
170 a road; requiring counties and municipalities to
171 indemnify the department from certain claims relating
172 to the installation, removal, or relocation of a
173 noncompliant bench or shelter; authorizing the
174 department to remove or relocate a noncompliant
175 installation and charge the cost to the county or
176 municipality; removing a provision for the replacement
177 of an unusable transit bus bench that was in service
178 before a certain date; providing a directive to the
179 Division of Statutory Revision; repealing s. 338.001,
180 F.S., relating to the Florida Intrastate Highway
181 System Plan; amending s. 338.01, F.S.; clarifying
182 provisions governing the designation and function of
183 limited access facilities established by the
184 department; authorizing the department or other
185 governmental entity to retain an attorney or
186 collection agent to collect unpaid tolls and add the
187 cost of such services to the amount collected;
188 creating s. 338.151, F.S.; authorizing the department
189 to establish tolls on certain transportation
190 facilities to pay for the cost of such project;
191 amending s. 338.155, F.S.; authorizing the department
192 to allow the use of certain toll facilities by certain
193 vehicles without paying the tolls under certain
194 circumstances; amending s. 338.161, F.S.; authorizing
195 the department to enter in agreements with other
196 entities for the use of the public or private toll
197 facilities under certain circumstances; authorizing
198 the department to modify its rules regarding toll
199 collection procedures and the imposition of
200 administrative charges for certain toll facilities;
201 amending s. 338.166, F.S.; removing a location
202 restriction on the issuing of bonds secured by toll
203 revenues; restricting the use of remaining tolls
204 revenues to the county or counties in which the
205 revenues were collected or to support express bus
206 service on the facility where the toll revenues were
207 collected; amending s. 338.221, F.S.; revising the
208 definition of the term “economically feasible” for
209 purposes of proposed turnpike projects; amending s.
210 338.223, F.S.; revising a provision relating to
211 department requests for legislative approval of
212 proposed turnpike projects; conforming a cross
213 reference; amending s. 338.227, F.S.; replacing a
214 reference to the Florida Intrastate Highway System
215 Plan with a reference to the Strategic Intermodal
216 System Plan; amending ss. 338.2275 and 338.228, F.S.;
217 conforming cross-references; amending s. 338.231,
218 F.S.; authorizing the department to assess an
219 administrative fee as an account maintenance charge
220 for inactive prepaid toll accounts; amending s.
221 338.234, F.S.; replacing a reference to the Florida
222 Intrastate Highway System with a reference to the
223 Strategic Intermodal System; amending s. 339.0805,
224 F.S.; revising provisions relating to the
225 certification of socially and economically
226 disadvantaged individuals; deleting provisions
227 requiring a periodic disparity study; deleting
228 obsolete provisions; revising the timeframe for
229 notifying the department of any change in ownership of
230 a qualifying individual or individuals; conforming
231 provisions to changes made by the act; updating
232 references to federal law; amending s. 339.135, F.S.;
233 providing a cross-reference; revising threshold
234 amounts for the review of amendments to the
235 department’s adopted work program; directing the
236 department to index the budget amendment threshold
237 amounts as specified; amending s. 339.155, F.S.;
238 providing a cross-reference to federally required
239 transportation planning factors; clarifying and
240 revising provisions relating to the Florida
241 Transportation Plan; deleting duplicative performance
242 reporting requirements; amending s. 339.175, F.S.;
243 revising provisions relating to the designation of
244 metropolitan planning organizations for urbanized
245 areas; revising provisions relating to representatives
246 of the department who serve as nonvoting advisers to
247 such organization; requiring metropolitan planning
248 organizations in urbanized areas containing more than
249 one organization to coordinate in the development of
250 regionally significant project priorities; amending s.
251 339.2819, F.S.; conforming cross-references; revising
252 the state matching funds requirement for the
253 Transportation Regional Incentive Program; requiring
254 projects funded under the program to be included in
255 the department’s work program; amending s. 339.285,
256 F.S.; conforming a cross-reference; amending s.
257 339.62, F.S.; replacing a reference to the Florida
258 Intrastate Highway System with a reference to highway
259 corridors; revising the facility component types;
260 amending s. 339.63, F.S.; adding military access
261 facilities to the types of facilities included in the
262 Strategic Intermodal System and the Emerging Strategic
263 Intermodal System; requiring that the Secretary of
264 Transportation designate certain planned facilities as
265 part of the Strategic Intermodal System; providing for
266 such facilities to receive a waiver of the
267 transportation concurrency requirements under certain
268 circumstances; amending s. 339.64, F.S.; deleting
269 provisions creating the Statewide Intermodal
270 Transportation Advisory Council; creating s. 339.65,
271 F.S.; requiring the department to plan and develop
272 Strategic Intermodal System highway corridors to aid
273 traffic movement; specifying components of the system;
274 requiring the department to follow specified policy
275 guidelines when developing the corridors; requiring
276 the department to develop a plan for corridor
277 projects; specifying an appropriation amount for
278 developing the corridor; requiring strategic highway
279 projects to be a part of the department’s adopted work
280 program; amending s. 341.053, F.S.; replacing a
281 reference to the Florida Intrastate Highway System
282 with a reference to the Strategic Intermodal System;
283 amending s. 341.840, F.S., relating to tax exemptions
284 in connection with the high-speed rail system;
285 replacing obsolete references to the “authority” with
286 references to the “department”; amending s. 343.53,
287 F.S.; revising the membership of the board of the
288 authority; transferring control of the Mid-Bay Bridge
289 Authority system to the Florida Turnpike Enterprise;
290 transferring all assets, rights, powers, duties, and
291 bond liabilities of the authority to the turnpike
292 enterprise; transferring all provisions that protect
293 the rights of certain bondholders from the authority
294 to the turnpike enterprise; providing for the turnpike
295 enterprise to annually transfer funds from the
296 activities of the transferred authority to the State
297 Transportation Trust Fund to repay certain long-term
298 debt; requiring that specific toll revenue be used for
299 the construction, maintenance, or improvement of
300 certain toll facilities of the turnpike enterprise;
301 amending s. 348.0003, F.S.; removing members of the
302 governing body of the Jacksonville Transportation
303 Authority from those entities required to comply with
304 certain constitutional financial disclosure
305 requirements; amending s. 348.0004, F.S.; removing
306 provisions qualifying funding received by an authority
307 from a portion of the county gasoline tax funds;
308 amending s. 348.0005, F.S.; providing criteria under
309 which bonds may be issued; providing an exception to
310 the application of certain bond requirements; creating
311 s. 348.0013, F.S., relating to expressway authorities
312 created on or after a specified date; providing that
313 the department is the agent for the purpose of
314 performing all phases of constructing improvements to
315 and extensions of an expressway system; requiring that
316 the Division of Bond Finance and the authority provide
317 certain construction documents to the department;
318 providing for payment and the use of funds for the
319 construction; requiring that an authority identify an
320 expressway project in the authority’s work plan and
321 submit the work plan along with its budget; requiring
322 that the work plan include certain information;
323 requiring that the department operate and maintain the
324 expressway system; requiring that the costs incurred
325 by the department be reimbursed from revenues of the
326 expressway system; providing that an expressway system
327 is part of the State Highway System; authorizing the
328 authority to collect tolls, fees, and other charges;
329 amending s. 348.52, F.S.; authorizing the Tampa
330 Hillsborough County Expressway Authority to employ
331 certain personnel; amending s. 348.54, F.S.; providing
332 for the powers of the authority with respect to
333 certain lease-purchase agreements; amending s.
334 348.545, F.S.; conforming cross-references; amending
335 s. 348.56, F.S.; restricting the authority’s ability
336 to request the issuance of bonds; providing criteria
337 for refunding bonds; prohibiting the authority from
338 requesting the issuance of bonds having certain rights
339 against the department; providing criteria for bonds
340 issued on or after a certain date; amending s.
341 348.565, F.S.; conforming provisions; removing from
342 the list of approved projects for the Tampa
343 Hillsborough County Expressway System the connector
344 highway linking Lee Roy Selmon Crosstown Expressway to
345 Interstate 4; amending s. 348.57, F.S., relating to
346 refunding bonds; conforming references and provisions;
347 amending s. 348.60, F.S.; providing that the Tampa
348 Hillsborough County Expressway Authority is a party to
349 lease-purchase agreements between the department and
350 the authority which are dated on specified dates;
351 prohibiting the authority from entering into other
352 lease-purchase agreements or amending the lease
353 purchase agreement unless the department determines an
354 agreement or amendment is necessary to permit
355 refunding of certain bonds; providing that the
356 expressway system remains the property of the
357 authority if the lease-purchase agreement terminates;
358 providing that the authority remains obligated to
359 reimburse the department if the agreement terminates;
360 requiring that the department operate and maintain the
361 system as the agent of the authority; creating s.
362 348.615, F.S.; providing that the department is the
363 agent of the authority for purposes of collecting
364 tolls; authorizing the authority to establish tolls,
365 fees, and other charges; amending s. 348.753, F.S.;
366 authorizing the Orlando-Orange County Expressway
367 Authority to contract with the Division of Bond
368 Finance for certain financial services; amending s.
369 348.754, F.S.; providing that the transportation
370 authority is a party to specified lease-purchase
371 agreements between the department and the authority;
372 prohibiting the authority from entering into other
373 lease-purchase agreements or amending a specified
374 lease-purchase agreement; amending s. 348.7543, F.S.;
375 conforming a cross-reference and revising provisions
376 governing the issuance of bonds; amending ss. 348.7545
377 and 348.7547, F.S.; conforming cross-references;
378 amending s. 348.755, F.S.; restricting the authority’s
379 ability to request the issuance of bonds; prohibiting
380 the authority from requesting the issuance of
381 refunding bonds under certain circumstances; providing
382 conditions for issuing certain bonds; amending s.
383 348.757, F.S.; limiting certain authorized lease
384 purchase agreements; prohibiting the authority from
385 entering into or amending certain lease-purchase
386 agreements; providing for the termination of the
387 department’s obligations under certain lease-purchase
388 agreements; creating s. 348.7585, F.S.; providing that
389 the department is the agent of the authority for
390 purposes of collecting tolls; authorizing the
391 authority to establish tolls, fees, and other charges;
392 conforming provisions; amending s. 348.9952, F.S.;
393 removing provisions authorizing the Osceola County
394 Expressway Authority to employ a fiscal agent;
395 repealing s. 348.9956, F.S., relating to the
396 appointment of the department as the agent of the
397 authority for construction; creating s. 348.99565,
398 F.S.; providing that the department is the agent of
399 the authority for purposes of performing all phases of
400 constructing improvements and extensions to the
401 Orlando-Orange County Expressway System; requiring
402 that the Division of Bond Finance and the expressway
403 authority provide construction documents to the
404 department; providing for payment and use of funds for
405 the construction; providing guidelines that the
406 authority must follow if it proposes construction of
407 an expressway; authorizing the authority to collect
408 tolls, fees, and other charges; requiring the Florida
409 Transportation Commission to study the potential costs
410 savings of the department being the operating agent
411 for certain expressway authorities; amending s.
412 349.03, F.S.; requiring that members of the authority
413 file a statement of financial interest with the
414 Commission on Ethics as their mandatory financial
415 disclosure; amending s. 349.04, F.S.; authorizing the
416 Jacksonville Transportation Authority to conduct
417 public meetings and workshops by means of media
418 technology; amending s. 373.413, F.S.; providing
419 legislative intent regarding flexibility in permitting
420 stormwater management systems serving state
421 transportation projects; requiring the cost of
422 stormwater treatment for a transportation project to
423 be balanced with benefits to the public; absolving the
424 department of responsibility for the abatement of
425 pollutants entering its stormwater facilities from
426 offsite sources and from updating permits for adjacent
427 lands impacted by right-of-way acquisition;
428 authorizing the water management districts and the
429 Department of Environmental Protection to adopt rules;
430 amending s. 373.4137, F.S.; revising mitigation
431 requirements for transportation projects to include
432 other mitigation options; providing for the release of
433 escrowed mitigation funds under certain circumstances;
434 clarifying responsibility for mitigation projects;
435 providing for the exclusion of projects from a
436 mitigation plan upon the election of one or more
437 agencies; amending s. 403.7211, F.S.; conforming
438 provisions to changes made by the act; repealing s.
439 479.28, F.S., relating to a rest area information or
440 device program within the department; prohibiting the
441 use of glass beads used for road markings which
442 contain a certain amount of inorganic arsenic;
443 providing penalties; authorizing the department to
444 seek Federal Highway Administration approval of a
445 tourist-oriented commerce sign pilot program and
446 submit the approved program for legislative approval;
447 providing for a review by the Pinellas Suncoast
448 Transit Authority and the Hillsborough Area Regional
449 Transit Authority to consider and identify
450 opportunities and greater efficiency and service
451 improvements for increasing connectivity between each
452 authority; requiring a report to the Legislature;
453 requiring the Tampa Bay Area Regional Transportation
454 Authority to provide assistance; authorizing
455 governmental units that regulate the operation of
456 vehicles for public hire or other for-hire
457 transportation to request and receive criminal history
458 record information for the purpose of screening
459 applicants; requiring that the costs associated with
460 the transmittal and processing of such information be
461 borne by the governmental unit, the employer, or the
462 person who is the subject of the background check;
463 providing an effective date.
464
465 Be It Enacted by the Legislature of the State of Florida:
466
467 Section 1. Paragraphs (a) and (b) of subsection (5) of
468 section 20.23, Florida Statutes, are amended, and subsection (7)
469 is added to that section, to read:
470 20.23 Department of Transportation.—There is created a
471 Department of Transportation which shall be a decentralized
472 agency.
473 (5)(a) The operations of the department shall be organized
474 into seven districts, each headed by a district secretary, and a
475 turnpike enterprise and a rail enterprise, each enterprise
476 headed by an executive director. The district secretaries and
477 the executive directors must shall be registered professional
478 engineers in accordance with the provisions of chapter 471 or
479 the laws of another state or, in lieu of professional engineer
480 registration, a district secretary or executive director may
481 hold an advanced degree in an appropriate related discipline,
482 such as a Master of Business Administration. The headquarters of
483 the districts shall be located in Polk, Columbia, Washington,
484 Broward, Volusia, Miami-Dade, and Hillsborough Counties. The
485 headquarters of the turnpike enterprise shall be located in
486 Orange County. The headquarters of the rail enterprise shall be
487 located in Leon County. In order to provide for efficient
488 operations and to expedite the decisionmaking process, the
489 department shall provide for maximum decentralization to the
490 districts.
491 (b) Each district secretary may appoint up to three
492 district directors or, until July 1, 2005, each district
493 secretary may appoint up to four district directors. These
494 positions are exempt from part II of chapter 110.
495 (7) The department may maintain training programs for
496 department employees and prospective employees in order to
497 provide:
498 (a) Broad practical expertise in the field of
499 transportation engineering leading to licensure as a
500 professional engineer for those employees who are graduates from
501 an approved engineering curriculum of 4 years or more in a
502 school, college, or university approved by the Board of
503 Professional Engineers.
504 (b) Broad practical experience and enhanced knowledge in
505 the areas of right-of-way acquisition, right-of-way property
506 management, real estate appraisal, and business valuation.
507
508 The training programs may provide for incremental increases to
509 base salary for all employees enrolled in the programs who
510 successfully complete training phases.
511 Section 2. Paragraph (c) of subsection (4) of section
512 206.41, Florida Statutes, is amended to read:
513 206.41 State taxes imposed on motor fuel.—
514 (4)
515 (c)1. Any person who uses any motor fuel for agricultural,
516 aquacultural, commercial fishing, or commercial aviation
517 purposes on which fuel the tax imposed by paragraph (1)(e),
518 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
519 to a refund of such tax.
520 2. As used in For the purposes of this paragraph, the term
521 “agricultural and aquacultural purposes” means motor fuel used
522 in any tractor, vehicle, or other farm equipment that which is
523 used exclusively on a farm or for processing farm products on
524 the farm, and no part of which fuel is used in any vehicle or
525 equipment driven or operated upon the public highways of this
526 state. This restriction does not apply to the movement of a farm
527 vehicle, or farm equipment, citrus harvesting equipment, or
528 citrus fruit loaders between farms. The transporting of bees by
529 water and the operating of equipment used in the apiary of a
530 beekeeper are shall be also deemed an agricultural purpose.
531 3. As used in For the purposes of this paragraph, the term
532 “commercial fishing and aquacultural purposes” means motor fuel
533 used in the operation of boats, vessels, or equipment used
534 exclusively for the taking of fish, crayfish, oysters, shrimp,
535 or sponges from salt or fresh waters under the jurisdiction of
536 the state for resale to the public, and no part of which fuel is
537 used in any vehicle or equipment driven or operated upon the
538 highways of this state; however, the term does not may in no way
539 be construed to include fuel used for sport or pleasure fishing.
540 4. As used in For the purposes of this paragraph, the term
541 “commercial aviation purposes” means motor fuel used in the
542 operation of aviation ground support vehicles or equipment, no
543 part of which fuel is used in any vehicle or equipment driven or
544 operated upon the public highways of this state.
545 Section 3. Subsection (1) of section 282.0041, Florida
546 Statutes, is amended to read:
547 282.0041 Definitions.—As used in this chapter, the term:
548 (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
549 except that for purposes of this chapter, “agency” does not
550 include university boards of trustees, or state universities, or
551 the Office of Toll Operations of the Florida Turnpike
552 Enterprise.
553 Section 4. Section 282.0055, Florida Statutes, is amended
554 to read:
555 282.0055 Assignment of information technology.—In order to
556 ensure the most effective and efficient use of the state’s
557 information technology and information technology resources and
558 notwithstanding any other provisions of law to the contrary,
559 policies for the design, planning, project management, and
560 implementation of enterprise information technology services is
561 shall be the responsibility of the Agency for Enterprise
562 Information Technology for executive branch agencies created or
563 authorized by law in statute to perform legislatively delegated
564 functions. The supervision, design, delivery, and management of
565 agency information technology remains shall remain within the
566 responsibility and control of the individual state agency.
567 Notwithstanding any other provision of law, information
568 technology used in the Department of Transportation’s Office of
569 Toll Operations or the Florida Turnpike Enterprise is exempt
570 from this part.
571 Section 5. Paragraph (h) of subsection (4) of section
572 282.201, Florida Statutes, is amended to read:
573 282.201 State data center system; agency duties and
574 limitations.—A state data center system that includes all
575 primary data centers, other nonprimary data centers, and
576 computing facilities, and that provides an enterprise
577 information technology service as defined in s. 282.0041, is
578 established.
579 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
580 (h) During the 2014-2015 fiscal year, the following
581 agencies shall work with the Agency for Enterprise Information
582 Technology to begin preliminary planning for consolidation into
583 a primary data center:
584 1. The Department of Health’s Jacksonville Lab Data Center.
585 2. The Department of Transportation’s district offices,
586 toll offices, and the District Materials Office.
587 3. The Department of Military Affairs’ Camp Blanding Joint
588 Training Center in Starke.
589 4. The Department of Community Affairs’ Camp Blanding
590 Emergency Operations Center in Starke.
591 5. The Department of Education’s Division of Blind Services
592 disaster recovery site in Daytona Beach.
593 6. The Department of Education’s disaster recovery site at
594 Santa Fe College.
595 7. The Department of the Lottery’s Disaster Recovery Backup
596 Data Center in Orlando.
597 8. The Fish and Wildlife Conservation Commission’s Fish and
598 Wildlife Research Institute in St. Petersburg.
599 9. The Department of Children and Family Services’ Suncoast
600 Data Center in Tampa.
601 10. The Department of Children and Family Services’ Florida
602 State Hospital in Chattahoochee.
603 Section 6. The Division of Statutory Revision is requested
604 to rename chapter 311, Florida Statutes, as “Seaport Facilities
605 and Programs.”
606 Section 7. Section 311.07, Florida Statutes, is amended to
607 read:
608 311.07 Florida seaport transportation and economic
609 development funding.—
610 (1) There is created the Florida Seaport Transportation and
611 Economic Development (FSTED) Program within the Department of
612 Transportation to finance port transportation or port facilities
613 projects that will improve the movement and intermodal
614 transportation of cargo or passengers in commerce and trade and
615 that will support the interests, purposes, and requirements of
616 all ports listed in s. 311.09(1) located in this state.
617 (2) A minimum of $15 $8 million per year shall be made
618 available from the State Transportation Trust Fund to fund the
619 FSTED Florida Seaport Transportation and Economic Development
620 Program. The Florida Seaport Transportation and Economic
621 Development Council created in s. 311.09 shall develop
622 guidelines for the use of project funding. Council staff, the
623 Department of Transportation, and the Department of Economic
624 Opportunity shall work cooperatively to review projects and
625 allocate funds in accordance with the schedule for including
626 projects in the Department of Transportation’s tentative work
627 program developed pursuant to s. 339.135(4).
628 (3)(a) FSTED Program funds shall be used to fund approved
629 projects on a 50-50 matching basis with a any of the deepwater
630 port ports, as listed in s. 311.09(1) 403.021(9)(b), which is
631 governed by a public body or any other deepwater port which is
632 governed by a public body and which comply complies with the
633 water quality provisions of s. 403.061, the comprehensive master
634 plan requirements of s. 163.3178(2)(k), and the local financial
635 management and reporting provisions of part III of chapter 218.
636 However, program funds used to fund projects that involve the
637 rehabilitation of wharves, docks, berths, bulkheads, or similar
638 structures shall require a 25-percent match of funds. Program
639 funds also may be used by the Seaport Transportation and
640 Economic Development Council for data and analysis to develop
641 trade data information products which will assist the state’s
642 Florida’s seaports and international trade.
643 (b) Projects eligible for funding by grants under the
644 program are limited to the following port facilities or port
645 transportation projects:
646 1. Transportation facilities within the jurisdiction of the
647 port.
648 2. The dredging or deepening of channels, turning basins,
649 or harbors.
650 3. The construction or rehabilitation of wharves, docks,
651 structures, jetties, piers, storage facilities, cruise
652 terminals, automated people mover systems, or any facilities
653 necessary or useful in connection with any of the foregoing.
654 4. The acquisition of vessel tracking systems, container
655 cranes, or other mechanized equipment used in the movement of
656 cargo or passengers in international commerce.
657 5. The acquisition of land to be used for port purposes.
658 6. The acquisition, improvement, enlargement, or extension
659 of existing port facilities.
660 7. Environmental protection projects that which are
661 necessary because of requirements imposed by a state agency as a
662 condition of a permit or other form of state approval; which are
663 necessary for environmental mitigation required as a condition
664 of a state, federal, or local environmental permit; which are
665 necessary for the acquisition of spoil disposal sites and
666 improvements to existing and future spoil sites; or which result
667 from the funding of eligible projects listed in this paragraph.
668 8. Transportation facilities as defined in s. 334.03(31)
669 which are not otherwise part of the Department of
670 Transportation’s adopted work program.
671 9. Seaport Intermodal access projects identified in the 5
672 year Florida Seaport Mission Plan as provided in s. 311.09(3).
673 10. Construction or rehabilitation of port facilities as
674 defined in s. 315.02, excluding any park or recreational
675 facilities, in ports listed in s. 311.09(1) which have with
676 operating revenues of $5 million or less, if provided that such
677 projects create economic development opportunities, capital
678 improvements, and positive financial returns to such ports.
679 11. Seaport master plan or strategic plan development or
680 updates, including the purchase of data to support such plans.
681 (c) To be eligible for consideration by the council
682 pursuant to this section, a project must be consistent with the
683 port comprehensive master plan that which is incorporated as
684 part of the approved local government comprehensive plan as
685 required by s. 163.3178(2)(k) or other provisions of the
686 Community Planning Act, part II of chapter 163.
687 (4) A port eligible for matching funds under the program
688 may receive a distribution of not more than $7 million during
689 any 1 calendar year and a distribution of not more than $30
690 million during any 5-calendar-year period.
691 (4)(5) Any port that which receives funding under the
692 program must shall institute procedures to ensure that jobs
693 created as a result of the state funding are shall be subject to
694 equal opportunity hiring practices in the manner provided in s.
695 110.112.
696 (5)(6) The Department of Transportation may shall subject
697 any project that receives funds pursuant to this section and s.
698 320.20 to a final audit. The department may adopt rules and
699 perform such other acts as are necessary or convenient to ensure
700 that the final audits are conducted and that any deficiency or
701 questioned costs noted by the audit are resolved.
702 Section 8. Subsection (1) and subsections (4) through (13)
703 of section 311.09, Florida Statutes, are amended to read:
704 311.09 Florida Seaport Transportation and Economic
705 Development Council.—
706 (1) The Florida Seaport Transportation and Economic
707 Development (FSTED) Council is created within the Department of
708 Transportation. The council consists of the following 17 18
709 members: the port director, or the port director’s designee, of
710 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
711 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
712 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
713 West, and Fernandina; the Secretary of the Department of
714 Transportation or his or her designee; and the executive
715 director of the Department of Economic Opportunity or his or her
716 designee.
717 (4) The council shall adopt rules for evaluating projects
718 that which may be funded under ss. 311.07 and 320.20. The rules
719 must shall provide criteria for evaluating the potential
720 project, including, but not limited to, consistency with
721 appropriate plans, economic benefit, readiness for construction,
722 noncompetition with other Florida ports, and capacity within the
723 seaport system economic benefit of the project, measured by the
724 potential for the proposed project to maintain or increase cargo
725 flow, cruise passenger movement, international commerce, port
726 revenues, and the number of jobs for the port’s local community.
727 (5) The council shall review and approve or disapprove each
728 project eligible to be funded pursuant to the FSTED Florida
729 Seaport Transportation and Economic Development Program. The
730 council shall annually submit to the Secretary of Transportation
731 and the executive director of the Department of Economic
732 Opportunity, or his or her designee, a list of projects that
733 which have been approved by the council. The list must shall
734 specify the recommended funding level for each project; and, if
735 staged implementation of the project is appropriate, the funding
736 requirements for each stage must shall be specified.
737 (6) The Department of Community Affairs shall review the
738 list of projects approved by the council to determine
739 consistency with approved local government comprehensive plans
740 of the units of local government in which the port is located
741 and consistency with the port master plan. The Department of
742 Community Affairs shall identify and notify the council of those
743 projects which are not consistent, to the maximum extent
744 feasible, with such comprehensive plans and port master plans.
745 (6)(7) The Department of Transportation shall review the
746 list of project applications projects approved by the council
747 for consistency with the Florida Transportation Plan, the
748 Statewide Seaport and Waterways System Plan, and the
749 department’s adopted work program. In evaluating the consistency
750 of a project, the department shall assess the transportation
751 impacts and economic benefits for each project determine whether
752 the transportation impact of the proposed project is adequately
753 handled by existing state-owned transportation facilities or by
754 the construction of additional state-owned transportation
755 facilities as identified in the Florida Transportation Plan and
756 the department’s adopted work program. In reviewing for
757 consistency a transportation facility project as defined in s.
758 334.03(31) which is not otherwise part of the department’s work
759 program, the department shall evaluate whether the project is
760 needed to provide for projected movement of cargo or passengers
761 from the port to a state transportation facility or local road.
762 If the project is needed to provide for projected movement of
763 cargo or passengers, the project shall be approved for
764 consistency as a consideration to facilitate the economic
765 development and growth of the state in a timely manner. The
766 Department of Transportation shall identify those projects that
767 which are inconsistent with the Florida Transportation Plan, the
768 Statewide Seaport and Waterways System Plan, or and the adopted
769 work program and shall notify the council of projects found to
770 be inconsistent.
771 (7)(8) The Department of Economic Opportunity shall review
772 the list of project applications projects approved by the
773 council to evaluate the economic benefit of the project and to
774 determine whether the project is consistent with the Florida
775 Seaport Mission Plan and with state economic development goals
776 and policies. The Department of Economic Opportunity shall
777 evaluate the proposed project’s consistency with state,
778 regional, and local plans, as appropriate, and review the
779 economic benefits of each project based upon the rules adopted
780 pursuant to subsection (4). The Department of Economic
781 Opportunity shall identify those projects that which it has
782 determined do not offer an economic benefit to the state, are
783 not consistent with an appropriate plan, or are not consistent
784 with the Florida Seaport Mission Plan or state economic
785 development goals and policies and shall notify the council of
786 its findings.
787 (8)(9) The council shall review the findings of the
788 Department of Economic Opportunity and the Department of
789 Transportation. Projects found to be inconsistent under
790 subsection pursuant to subsections (6) or subsection, (7), or
791 and (8) and projects which have been determined not to offer an
792 economic benefit to the state, may pursuant to subsection (8)
793 shall not be included in the list of projects to be funded.
794 (9)(10) The Department of Transportation shall include at
795 least $15 million per year in its annual legislative budget
796 request for the FSTED a Florida Seaport Transportation and
797 Economic Development grant program funded under s. 311.07 for
798 expenditure of funds of not less than $8 million per year. Such
799 budget must shall include funding for projects approved by the
800 council which have been determined by each agency to be
801 consistent and which have been determined by the Department of
802 Economic Opportunity to be economically beneficial. The
803 department shall include the specific approved FSTED seaport
804 projects to be funded under s. 311.07 this section during the
805 ensuing fiscal year in the tentative work program developed
806 pursuant to s. 339.135(4). The total amount of funding to be
807 allocated to FSTED seaport projects under s. 311.07 during the
808 successive 4 fiscal years must shall also be included in the
809 tentative work program developed pursuant to s. 339.135(4). The
810 council may submit to the department a list of approved projects
811 that could be made production-ready within the next 2 years. The
812 list shall be submitted by the department as part of the needs
813 and project list prepared pursuant to s. 339.135(2)(b). However,
814 the department shall, upon written request of the Florida
815 Seaport Transportation and Economic Development council, submit
816 work program amendments pursuant to s. 339.135(7) to the
817 Governor within 10 days after the later of the date the request
818 is received by the department or the effective date of the
819 amendment, termination, or closure of the applicable funding
820 agreement between the department and the affected seaport, as
821 required to release the funds from the existing commitment.
822 Notwithstanding s. 339.135(7)(c), any work program amendment to
823 transfer prior year funds from one approved seaport project to
824 another seaport project is subject to the procedures in s.
825 339.135(7)(d). Notwithstanding any other provision of law to the
826 contrary, the department may transfer unexpended budget between
827 the seaport projects as identified in the approved work program
828 amendments.
829 (10)(11) The council shall meet at the call of its
830 chairperson, at the request of a majority of its membership, or
831 at such times as may be prescribed in its bylaws. However, the
832 council must meet at least semiannually. A majority of voting
833 members of the council constitutes a quorum for the purpose of
834 transacting the business of the council. All members of the
835 council are voting members. A vote of the majority of the voting
836 members present is sufficient for any action of the council,
837 except that a member representing the Department of
838 Transportation or the Department of Economic Opportunity may
839 vote to overrule any action of the council approving a project
840 pursuant to subsection (5). The bylaws of the council may
841 require a greater vote for a particular action.
842 (11)(12) Members of the council shall serve without
843 compensation but are entitled to receive reimbursement for per
844 diem and travel expenses as provided in s. 112.061. The council
845 may elect to provide an administrative staff to provide services
846 to the council on matters relating to the FSTED Florida Seaport
847 Transportation and Economic Development Program and the council.
848 The cost for such administrative services shall be paid by all
849 ports that receive funding from the FSTED Florida Seaport
850 Transportation and Economic Development Program, based upon a
851 pro rata formula measured by each recipient’s share of the funds
852 as compared to the total funds disbursed to all recipients
853 during the year. The share of costs for administrative services
854 shall be paid in its total amount by the recipient port upon
855 execution by the port and the Department of Transportation of a
856 joint participation agreement for each council-approved project,
857 and such payment is in addition to the matching funds required
858 to be paid by the recipient port. Except as otherwise exempted
859 by law, all moneys derived from the FSTED Florida Seaport
860 Transportation and Economic Development Program shall be
861 expended in accordance with the provisions of s. 287.057.
862 Seaports subject to the competitive negotiation requirements of
863 a local governing body must shall abide by the provisions of s.
864 287.055.
865 (12)(13) Until July 1, 2014, Citrus County may apply for a
866 grant through the Florida Seaport Transportation and Economic
867 Development council to perform a feasibility study regarding the
868 establishment of a port in Citrus County. The council shall
869 evaluate such application pursuant to subsections (5)-(8) (5)
870 (9) and, if approved, the Department of Transportation shall
871 include the feasibility study in its budget request pursuant to
872 subsection (9) (10). If the study determines that a port in
873 Citrus County is not feasible, the membership of Port Citrus on
874 the council shall terminate.
875 Section 9. Section 311.10, Florida Statutes, is created to
876 read:
877 311.10 Strategic Port Investment Initiative.—
878 (1) The Strategic Port Investment Initiative is created
879 within the Department of Transportation. Beginning in the 2012
880 2013 fiscal year, a minimum of $35 million per year shall be
881 made available from the State Transportation Trust Fund to fund
882 the initiative. The Department of Transportation shall work with
883 the deepwater ports listed in s. 311.09 to develop and maintain
884 a priority list of strategic investment projects. Project
885 selection shall be based on projects that meet the state’s
886 economic development goal of becoming a hub for trade,
887 logistics, and export-oriented activities by:
888 (a) Providing important access and major on-port capacity
889 improvements;
890 (b) Providing capital improvements to strategically
891 position the state to maximize opportunities in international
892 trade, logistics, or the cruise industry;
893 (c) Achieving the state goals of an integrated intermodal
894 transportation system; and
895 (d) Demonstrating the feasibility and availability of
896 matching funds through local or private partners.
897 (2) Before making final project allocations, the Department
898 of Transportation shall schedule a publicly noticed workshop
899 with the Department of Economic Opportunity and the deepwater
900 ports listed in s. 311.09(1) to review the proposed projects.
901 After considering all comments received, the Department of
902 Transportation shall finalize a prioritized list of potential
903 projects.
904 (3) To the maximum extent feasible, the Department of
905 Transportation shall include the seaport projects proposed to be
906 funded under this section in the tentative work program
907 developed pursuant to s. 339.135(4).
908 Section 10. Section 311.101, Florida Statutes, is created
909 to read:
910 311.101 Intermodal Logistics Center Infrastructure Support
911 Program.—The Intermodal Logistics Center Infrastructure Support
912 Program is created within the Department of Transportation. The
913 purpose of the program is to provide funds for roads, rail
914 facilities, or other means for conveying or shipping goods
915 through a seaport, thereby enabling the state to respond to
916 private sector market demands and meet the state’s economic
917 development goal of becoming a hub for trade, logistics, and
918 export-oriented activities. The department may provide funds to
919 assist with local government projects or projects performed by
920 private entities which meet the public purpose of enhancing
921 transportation facilities that convey or ship goods through a
922 seaport.
923 (1) As used in this section, the term “intermodal logistics
924 center,” means a facility or group of facilities, including an
925 inland port, serving as a point for the intermodal transfer of
926 freight, located in a specified area physically separated from a
927 seaport, and where activities relating to transport, logistics,
928 goods distribution, consolidation, or value-added activities are
929 carried out and whose activities and services are designed to
930 support or be supported by one or more seaports listed in s.
931 311.09(1).
932 (2) The department must consider, but is not limited to,
933 the following criteria when evaluating projects for program
934 assistance:
935 (a) The ability of the project to serve a strategic state
936 interest.
937 (b) The ability of the project to facilitate the cost-
938 effective and efficient movement of goods.
939 (c) The extent to which the project contributes to economic
940 activity, including job creation, increased wages, and revenues.
941 (d) The extent to which the project efficiently interacts
942 with and supports the transportation network.
943 (e) A commitment of matching funds.
944 (f) The amount of capital investment made by the owner of
945 the existing or proposed facility.
946 (g) The extent to which the owner has commitments,
947 including memoranda of understanding or memoranda agreements,
948 with private sector businesses planning to locate operations at
949 the inland port.
950 (h) A demonstration of local financial support and
951 commitment to the project.
952 (3) The department shall coordinate and consult with the
953 Department of Economic Opportunity in the selection of projects
954 to be funded by the program.
955 (4) The department may administer contracts on behalf of
956 the entity selected to receive funding for a project.
957 (5) The department may provide up to 50 percent of project
958 costs for eligible projects.
959 (6) Beginning in the 2012-2013 fiscal year, up to $5
960 million per year shall be made available for the program from
961 the State Transportation Trust Fund. The department shall
962 include projects proposed to be funded under this section in the
963 tentative work program developed pursuant to s. 339.135(4).
964 (7) The department may adopt rules to administer this
965 section.
966 Section 11. Section 311.14, Florida Statutes, is amended to
967 read:
968 311.14 Seaport planning.—
969 (1) The Department of Transportation, in coordination with
970 the ports listed in s. 311.09(1) and other partners, shall
971 develop a Statewide Seaport and Waterways System Plan. The plan
972 must be consistent with the goals of the Florida Transportation
973 Plan developed pursuant to s. 339.155 and must consider the
974 needs identified in individual port master plans, as well as
975 those from the seaport strategic plans required under this
976 section. The plan must identify 5-, 10-, and 20-year needs for
977 the seaport system and include seaport, waterway, road, and rail
978 projects that are needed to ensure the success of the
979 transportation system as a whole in supporting state economic
980 development goals.
981 (1) The Florida Seaport Transportation and Economic
982 Development Council, in cooperation with the Office of the State
983 Public Transportation Administrator within the Department of
984 Transportation, shall develop freight-mobility and trade
985 corridor plans to assist in making freight-mobility investments
986 that contribute to the economic growth of the state. Such plans
987 should enhance the integration and connectivity of the
988 transportation system across and between transportation modes
989 throughout Florida for people and freight.
990 (2) The Office of the State Public Transportation
991 Administrator shall act to integrate freight-mobility and trade
992 corridor plans into the Florida Transportation Plan developed
993 pursuant to s. 339.155 and into the plans and programs of
994 metropolitan planning organizations as provided in s. 339.175.
995 The office may also provide assistance in expediting the
996 transportation permitting process relating to the construction
997 of seaport freight-mobility projects located outside the
998 physical borders of seaports. The Department of Transportation
999 may contract, as provided in s. 334.044, with any port listed in
1000 s. 311.09(1) or any such other statutorily authorized seaport
1001 entity to act as an agent in the construction of seaport
1002 freight-mobility projects.
1003 (2)(3) Each port shall develop a strategic plan that has
1004 with a 10-year horizon. Each plan must include the following:
1005 (a) An economic development component that identifies
1006 targeted business opportunities for increasing business and
1007 attracting new business for which a particular facility has a
1008 strategic advantage over its competitors, identifies financial
1009 resources and other inducements to encourage growth of existing
1010 business and acquisition of new business, and provides a
1011 projected schedule for attainment of the plan’s goals.
1012 (b) An infrastructure development and improvement component
1013 that identifies all projected infrastructure improvements within
1014 the plan area which require improvement, expansion, or
1015 development in order for a port to attain a strategic
1016 competitive advantage over for competition with national and
1017 international competitors.
1018 (c) A component that identifies all intermodal
1019 transportation facilities, including sea, air, rail, or road
1020 facilities, which are available or have potential, with
1021 improvements, to be available for necessary national and
1022 international commercial linkages and provides a plan for the
1023 integration of port, airport, and railroad activities with
1024 existing and planned transportation infrastructure.
1025 (d) A component that identifies physical, environmental,
1026 and regulatory barriers to the achievement of the plan’s goals
1027 and provides recommendations for overcoming those barriers.
1028 (e) An intergovernmental coordination component that
1029 specifies modes and methods to coordinate plan goals and
1030 missions with the missions of the Department of Transportation,
1031 other state agencies, and affected local, general-purpose
1032 governments.
1033
1034 To the extent feasible, the port strategic plan must be
1035 consistent with the local government comprehensive plans of the
1036 units of local government in which the port is located.
1037 (3) Upon approval of a plan by the port’s board, the plan
1038 shall be submitted to the Florida Seaport Transportation and
1039 Economic Development Council.
1040 (4) The Florida Seaport Transportation and Economic
1041 Development Council shall review the strategic plans submitted
1042 by each port and prioritize strategic needs for inclusion in the
1043 Florida Seaport Mission Plan prepared pursuant to s. 311.09(3).
1044 Section 12. Subsection (2) of section 311.22, Florida
1045 Statutes, is amended to read:
1046 311.22 Additional authorization for funding certain
1047 dredging projects.—
1048 (2) The council shall adopt rules for evaluating the
1049 projects that may be funded pursuant to this section. The rules
1050 must provide criteria for evaluating the economic benefit of the
1051 project. The rules must include the creation of an
1052 administrative review process by the council which is similar to
1053 the process described in s. 311.09(5)-(11) 311.09(5)-(12), and
1054 provide for a review by the Department of Transportation and the
1055 Department of Economic Opportunity of all projects submitted for
1056 funding under this section.
1057 Section 13. Subsection (21) of section 316.003, Florida
1058 Statutes, is amended to read:
1059 316.003 Definitions.—The following words and phrases, when
1060 used in this chapter, shall have the meanings respectively
1061 ascribed to them in this section, except where the context
1062 otherwise requires:
1063 (21) MOTOR VEHICLE.—Any self-propelled vehicle not operated
1064 upon rails or guideway, but not including any bicycle, motorized
1065 scooter, electric personal assistive mobility device, or moped.
1066 However, as used in s. 316.1001, the term “motor vehicle” has
1067 the same meaning as provided in s. 320.01.
1068 Section 14. Subsections (1) through (4) of section 316.091,
1069 Florida Statutes, are amended, present subsection (5) of that
1070 section is renumbered as subsection (7), and new subsections (5)
1071 and (6) are added to that section, to read:
1072 316.091 Limited access facilities; interstate highways; use
1073 restricted.—
1074 (1) A No person may not shall drive a vehicle onto or from
1075 any limited access roadway except at such entrances and exits as
1076 are established by public authority.
1077 (2) Except as provided herein, a no person may not shall
1078 operate upon a limited access facility a any bicycle, motor
1079 driven cycle, animal-drawn vehicle, or any other vehicle that,
1080 which by its design or condition, is incompatible with the safe
1081 and expedient movement of traffic.
1082 (3) A No person may not shall ride an any animal on upon
1083 any portion of a limited access facility.
1084 (4) A No person may not shall operate a bicycle or other
1085 human-powered vehicle on the roadway or along the shoulder of a
1086 limited access highway, including bridges, unless official signs
1087 and a designated marked bicycle lane are present at the entrance
1088 of the section of highway indicating that such use is permitted
1089 pursuant to a pilot program of the Department of Transportation
1090 an interstate highway.
1091 (5) The Department of Transportation and expressway
1092 authorities may designate the use of shoulders of limited access
1093 facilities and interstate highways under their jurisdiction for
1094 vehicular traffic determined to improve safety, reliability, and
1095 transportation system efficiency. Appropriate traffic signs or
1096 dynamic lane control signals shall be erected along the affected
1097 portions of the facility or highway in order to give notice to
1098 the public of the action to be taken and to clearly indicate
1099 when the shoulder is open to designated vehicular traffic. Such
1100 designation is not allowed if it would violate any federal law
1101 or covenant established in a resolution or trust indenture
1102 relating to the issuance of turnpike bonds, expressway authority
1103 bonds, or other bonds.
1104 (6) The Department of Transportation shall establish a 2
1105 year pilot program in three urban areas in which it shall erect
1106 signs and designate marked bicycle lanes indicating highway
1107 approaches and bridge segments of limited access highways as
1108 open to use by operators of bicycles and other human-powered
1109 vehicles, under the following conditions:
1110 (a) The limited access highway approaches and bridge
1111 segments chosen must cross a river, lake, bay, inlet, or surface
1112 water where no street or highway crossing the water body is
1113 available for use within 2 miles of the entrance to the limited
1114 access facility as measured along the shortest public right-of
1115 way.
1116 (b) The department, with the concurrence of the Federal
1117 Highway Administration if interstate facilities are involved,
1118 shall establish the three highway approaches and bridge segments
1119 for the pilot project by October 1, 2012. In selecting the
1120 highway approaches and bridge segments, the department shall
1121 consider, without limitation, the minimum acceptable population
1122 size in the urban area within 5 miles of the highway approach
1123 and bridge segment, the lack of bicycle access by other means,
1124 cost, safety, and operational impacts.
1125 (c) The department shall begin the pilot program by
1126 erecting signs and designating marked bicycle lanes indicating
1127 highway approaches and bridge segments of limited access
1128 highways, as qualified by the conditions described in this
1129 subsection, as open to use by operators of bicycles and other
1130 human-powered vehicles by March 1, 2013.
1131 (d) The department shall conduct the pilot program for a
1132 minimum of 2 years following the implementation date.
1133 (e) The department shall submit a report of its findings
1134 and recommendations from the pilot program to the Governor, the
1135 President of the Senate, and the Speaker of the House of
1136 Representatives by September 1, 2015. The report, at a minimum,
1137 must include data on bicycle crashes occurring in the designated
1138 segments of the pilot program, usage by operators of bicycles
1139 and other human-powered vehicles, enforcement issues,
1140 operational impacts, and the cost of the pilot program.
1141 Section 15. Paragraph (b) of subsection (2) of section
1142 316.1001, Florida Statutes, is amended to read:
1143 316.1001 Payment of toll on toll facilities required;
1144 penalties.—
1145 (2)
1146 (b) A citation issued under this subsection may be issued
1147 by mailing the citation by first-class mail or certified mail,
1148 return receipt requested, to the address of the registered owner
1149 of the motor vehicle involved in the violation. Mailing Receipt
1150 of the citation to the address of the registered owner
1151 constitutes notification. In the case of joint ownership of a
1152 motor vehicle, the traffic citation must be mailed to the first
1153 name appearing on the registration, unless the first name
1154 appearing on the registration is a business organization, in
1155 which case the second name appearing on the registration may be
1156 used. The A citation issued under this paragraph must be mailed
1157 to the registered owner of the motor vehicle involved in the
1158 violation within 14 days after the date of issuance of the
1159 citation. In addition to the citation, Notification must also be
1160 sent to the registered owner of the motor vehicle involved in
1161 the violation specifying remedies available under ss. 318.14(12)
1162 and 318.18(7).
1163 Section 16. Section 316.2122, Florida Statutes, is amended
1164 to read:
1165 316.2122 Operation of a low-speed vehicle or mini truck on
1166 certain roadways.—The operation of A low-speed vehicle as
1167 defined in s. 320.01(42) or a mini truck as defined in s.
1168 320.01(45) may operate on any road as defined in s. 334.03(15)
1169 or (33) is authorized with the following restrictions:
1170 (1) A low-speed vehicle or mini truck may be operated only
1171 on streets where the posted speed limit is 35 miles per hour or
1172 less. This does not prohibit a low-speed vehicle or mini truck
1173 from crossing a road or street at an intersection where the road
1174 or street has a posted speed limit of more than 35 miles per
1175 hour.
1176 (2) A low-speed vehicle must be equipped with headlamps,
1177 stop lamps, turn signal lamps, taillamps, reflex reflectors,
1178 parking brakes, rearview mirrors, windshields, seat belts, and
1179 vehicle identification numbers.
1180 (3) A low-speed vehicle or mini truck must be registered
1181 and insured in accordance with s. 320.02 and titled pursuant to
1182 chapter 319.
1183 (4) Any person operating a low-speed vehicle or mini truck
1184 must have in his or her possession a valid driver’s license in
1185 his or her possession.
1186 (5) A county or municipality may prohibit the operation of
1187 low-speed vehicles or mini trucks on any road under its
1188 jurisdiction if the governing body of the county or municipality
1189 determines that such prohibition is necessary in the interest of
1190 safety.
1191 (6) The Department of Transportation may prohibit the
1192 operation of low-speed vehicles or mini trucks on any road under
1193 its jurisdiction if it determines that such prohibition is
1194 necessary in the interest of safety.
1195 Section 17. Paragraph (a) of subsection (3) and paragraphs
1196 (a) and (c) of subsection (5) of section 316.515, Florida
1197 Statutes, are amended to read:
1198 316.515 Maximum width, height, length.—
1199 (3) LENGTH LIMITATION.—Except as otherwise provided in this
1200 section, length limitations apply solely to a semitrailer or
1201 trailer, and not to a truck tractor or to the overall length of
1202 a combination of vehicles. No combination of commercial motor
1203 vehicles coupled together and operating on the public roads may
1204 consist of more than one truck tractor and two trailing units.
1205 Unless otherwise specifically provided for in this section, a
1206 combination of vehicles not qualifying as commercial motor
1207 vehicles may consist of no more than two units coupled together;
1208 such nonqualifying combination of vehicles may not exceed a
1209 total length of 65 feet, inclusive of the load carried thereon,
1210 but exclusive of safety and energy conservation devices approved
1211 by the department for use on vehicles using public roads.
1212 Notwithstanding any other provision of this section, a truck
1213 tractor-semitrailer combination engaged in the transportation of
1214 automobiles or boats may transport motor vehicles or boats on
1215 part of the power unit; and, except as may otherwise be mandated
1216 under federal law, an automobile or boat transporter semitrailer
1217 may not exceed 50 feet in length, exclusive of the load;
1218 however, the load may extend up to an additional 6 feet beyond
1219 the rear of the trailer. The 50-feet length limitation does not
1220 apply to non-stinger-steered automobile or boat transporters
1221 that are 65 feet or less in overall length, exclusive of the
1222 load carried thereon, or to stinger-steered automobile or boat
1223 transporters that are 75 feet or less in overall length,
1224 exclusive of the load carried thereon. For purposes of this
1225 subsection, a “stinger-steered automobile or boat transporter”
1226 is an automobile or boat transporter configured as a semitrailer
1227 combination wherein the fifth wheel is located on a drop frame
1228 located behind and below the rearmost axle of the power unit.
1229 Notwithstanding paragraphs (a) and (b), any straight truck or
1230 truck tractor-semitrailer combination engaged in the
1231 transportation of horticultural trees may allow the load to
1232 extend up to an additional 10 feet beyond the rear of the
1233 vehicle, provided said trees are resting against a retaining bar
1234 mounted above the truck bed so that the root balls of the trees
1235 rest on the floor and to the front of the truck bed and the tops
1236 of the trees extend up over and to the rear of the truck bed,
1237 and provided the overhanging portion of the load is covered with
1238 protective fabric.
1239 (a) Straight trucks.—A No straight truck may not exceed a
1240 length of 40 feet in extreme overall dimension, exclusive of
1241 safety and energy conservation devices approved by the
1242 department for use on vehicles using public roads. A straight
1243 truck may tow no more than one trailer, and the overall length
1244 of the truck-trailer combination may not exceed 68 feet such
1245 trailer may not exceed a length of 28 feet. However, such
1246 trailer limitation does not apply if the overall length of the
1247 truck-trailer combination is 65 feet or less, including the load
1248 thereon. Notwithstanding any other provisions of this section, a
1249 truck-trailer combination engaged in the transportation of
1250 boats, or boat trailers whose design dictates a front-to-rear
1251 stacking method may shall not exceed the length limitations of
1252 this paragraph exclusive of the load; however, the load may
1253 extend up to an additional 6 feet beyond the rear of the
1254 trailer.
1255 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1256 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
1257 (a) Notwithstanding any other provisions of law, straight
1258 trucks, agricultural tractors, citrus fruit loaders, citrus
1259 harvesting equipment, and cotton module movers, not exceeding 50
1260 feet in length, or any combination of up to and including three
1261 implements of husbandry, including the towing power unit, and
1262 any single agricultural trailer that has with a load thereon or
1263 any agricultural implements attached to a towing power unit, or
1264 a self-propelled agricultural implement or an agricultural
1265 tractor, may transport is authorized for the purpose of
1266 transporting peanuts, grains, soybeans, citrus, cotton, hay,
1267 straw, or other perishable farm products from their point of
1268 production to the first point of change of custody or of long
1269 term storage, and return for the purpose of returning to such
1270 point of production, or move for the purpose of moving such
1271 tractors, movers, and implements from one point of agricultural
1272 production to another, by a person engaged in the production of
1273 any such product or custom hauler, if such vehicle or
1274 combination of vehicles otherwise complies with this section.
1275 The Department of Transportation may issue overlength permits
1276 for cotton module movers greater than 50 feet but not more than
1277 55 feet in overall length. Such vehicles must shall be operated
1278 in accordance with all safety requirements prescribed by law and
1279 rules of the Department of Transportation.
1280 (c) The width and height limitations of this section do not
1281 apply to farming or agricultural equipment, whether self
1282 propelled, pulled, or hauled, if when temporarily operated
1283 during daylight hours upon a public road that is not a limited
1284 access facility as defined in s. 334.03(13), and the width and
1285 height limitations may be exceeded by such equipment without a
1286 permit. To be eligible for this exemption, the equipment must
1287 shall be operated within a radius of 50 miles of the real
1288 property owned, rented, or leased by the equipment owner.
1289 However, equipment being delivered by a dealer to a purchaser is
1290 not subject to the 50-mile limitation. Farming or agricultural
1291 equipment greater than 174 inches in width must have one warning
1292 lamp mounted on each side of the equipment to denote the width
1293 and must have a slow-moving vehicle sign. Warning lamps required
1294 by this paragraph must be visible from the front and rear of the
1295 vehicle and must be visible from a distance of at least 1,000
1296 feet.
1297 Section 18. Section 318.12, Florida Statutes, is amended to
1298 read:
1299 318.12 Purpose.—It is the legislative intent In the
1300 adoption of this chapter, it is the Legislature’s intent to
1301 decriminalize certain violations of chapter 316, the Florida
1302 Uniform Traffic Control Law; chapter 320, Motor Vehicle
1303 Licenses; chapter 322, Drivers’ Licenses; chapter 338, Limited
1304 Access Florida Intrastate Highway System and Toll Facilities;
1305 and chapter 1006, Support of Learning, thereby facilitating the
1306 implementation of a more uniform and expeditious system for the
1307 disposition of traffic infractions.
1308 Section 19. Subsection (42) of section 320.01, Florida
1309 Statutes, is amended to read:
1310 320.01 Definitions, general.—As used in the Florida
1311 Statutes, except as otherwise provided, the term:
1312 (42) “Low-speed vehicle” means any four-wheeled electric
1313 vehicle whose top speed is greater than 20 miles per hour but
1314 not greater than 25 miles per hour, including, but not limited
1315 to, neighborhood electric vehicles. Low-speed vehicles must
1316 comply with the safety standards in 49 C.F.R. s. 571.500 and s.
1317 316.2122.
1318 Section 20. Subsections (3) and (4) of section 320.20,
1319 Florida Statutes, are amended to read:
1320 320.20 Disposition of license tax moneys.—The revenue
1321 derived from the registration of motor vehicles, including any
1322 delinquent fees and excluding those revenues collected and
1323 distributed under the provisions of s. 320.081, must be
1324 distributed monthly, as collected, as follows:
1325 (3) Notwithstanding any other provision of law except
1326 subsections (1) and (2), on July 1, 1996, and annually
1327 thereafter, $15 million shall be deposited annually into in the
1328 State Transportation Trust Fund solely for the purposes of
1329 funding the Florida Seaport Transportation and Economic
1330 Development Program as provided for in chapter 311. Such
1331 revenues shall be distributed on a 50-50 matching basis to any
1332 port listed in s. 311.09(1) to be used for funding projects as
1333 described in s. 311.07(3)(b). Such revenues may be assigned,
1334 pledged, or set aside as a trust for the payment of principal or
1335 interest on bonds, tax anticipation certificates, or any other
1336 form of indebtedness issued by an individual port or appropriate
1337 local government having jurisdiction thereof, or collectively by
1338 interlocal agreement among any of the ports, or used to purchase
1339 credit support to permit such borrowings. However, such debt is
1340 shall not constitute a general obligation of the state of
1341 Florida. The state covenants does hereby covenant with holders
1342 of such revenue bonds or other instruments of indebtedness
1343 issued hereunder that it will not repeal or impair or amend in
1344 any manner that which will materially and adversely affect the
1345 rights of such holders so long as bonds authorized by this
1346 section are outstanding. Any revenues that which are not pledged
1347 to the repayment of bonds as authorized by this section may be
1348 used utilized for purposes authorized under the Florida Seaport
1349 Transportation and Economic Development Program. This revenue
1350 source is in addition to any amounts provided for and
1351 appropriated in accordance with s. 311.07. The Florida Seaport
1352 Transportation and Economic Development Council shall approve
1353 the distribution of funds to ports for projects that which have
1354 been approved pursuant to s. 311.09(5)-(8) 311.09(5)-(9). The
1355 council and the Department of Transportation may are authorized
1356 to perform such acts as are required to facilitate and implement
1357 the provisions of this subsection. To better enable the ports to
1358 cooperate to their mutual advantage, the governing body of each
1359 port may exercise powers provided to municipalities or counties
1360 in s. 163.01(7)(d) subject to the provisions of chapter 311 and
1361 special acts, if any, pertaining to a port. The use of funds
1362 provided pursuant to this subsection are limited to eligible
1363 projects listed in this subsection. Income derived from a
1364 project completed with the use of program funds, beyond
1365 operating costs and debt service, is shall be restricted solely
1366 to further port capital improvements consistent with maritime
1367 purposes and for no other purpose. Use of such income for
1368 nonmaritime purposes is prohibited. The provisions of s.
1369 311.07(4) do not apply to any funds received pursuant to this
1370 subsection. The revenues available under this subsection may
1371 shall not be pledged to the payment of any bonds other than the
1372 Florida Ports Financing Commission Series 1996 and Series 1999
1373 Bonds currently outstanding; provided, however, such revenues
1374 may be pledged to secure payment of refunding bonds to refinance
1375 the Florida Ports Financing Commission Series 1996 and Series
1376 1999 Bonds. No Refunding bonds secured by revenues available
1377 under this subsection may not be issued with a final maturity
1378 later than the final maturity of the Florida Ports Financing
1379 Commission Series 1996 and Series 1999 Bonds or which provide
1380 for higher debt service in any year than is currently payable on
1381 such bonds. Any revenue bonds or other indebtedness issued after
1382 July 1, 2000, other than refunding bonds shall be issued by the
1383 Division of Bond Finance at the request of the Department of
1384 Transportation pursuant to the State Bond Act.
1385 (4) Notwithstanding any other provision of law except
1386 subsections (1), (2), and (3), on July 1, 1999, and annually
1387 thereafter, $10 million shall be deposited annually into in the
1388 State Transportation Trust Fund solely for the purposes of
1389 funding the Florida Seaport Transportation and Economic
1390 Development Program as provided in chapter 311 and for funding
1391 seaport intermodal access projects of statewide significance as
1392 provided in s. 341.053. Such revenues shall be distributed to
1393 any port listed in s. 311.09(1), to be used for funding projects
1394 as follows:
1395 (a) For any seaport intermodal access projects that are
1396 identified in the 1997-1998 Tentative Work Program of the
1397 Department of Transportation, up to the amounts needed to offset
1398 the funding requirements of this section.
1399 (b) For seaport intermodal access projects as described in
1400 s. 341.053(5) which that are identified in the 5-year Florida
1401 Seaport Mission Plan as provided in s. 311.09(3). Funding for
1402 such projects shall be on a matching basis as mutually
1403 determined by the Florida Seaport Transportation and Economic
1404 Development Council and the Department of Transportation if,
1405 provided a minimum of 25 percent of total project funds shall
1406 come from any port funds, local funds, private funds, or
1407 specifically earmarked federal funds.
1408 (c) On a 50-50 matching basis for projects as described in
1409 s. 311.07(3)(b).
1410 (d) For seaport intermodal access projects that involve the
1411 dredging or deepening of channels, turning basins, or harbors;
1412 or the rehabilitation of wharves, docks, or similar structures.
1413 Funding for such projects requires shall require a 25 percent
1414 match of the funds received pursuant to this subsection.
1415 Matching funds must shall come from any port funds, federal
1416 funds, local funds, or private funds.
1417
1418 Such revenues may be assigned, pledged, or set aside as a trust
1419 for the payment of principal or interest on bonds, tax
1420 anticipation certificates, or any other form of indebtedness
1421 issued by an individual port or appropriate local government
1422 having jurisdiction thereof, or collectively by interlocal
1423 agreement among any of the ports, or used to purchase credit
1424 support to permit such borrowings. However, such debt is shall
1425 not constitute a general obligation of the state. This state
1426 covenants does hereby covenant with holders of such revenue
1427 bonds or other instruments of indebtedness issued hereunder that
1428 it will not repeal or impair or amend this subsection in any
1429 manner that which will materially and adversely affect the
1430 rights of holders so long as bonds authorized by this subsection
1431 are outstanding. Any revenues that are not pledged to the
1432 repayment of bonds as authorized by this section may be used
1433 utilized for purposes authorized under the Florida Seaport
1434 Transportation and Economic Development Program. This revenue
1435 source is in addition to any amounts provided for and
1436 appropriated in accordance with s. 311.07 and subsection (3).
1437 The Florida Seaport Transportation and Economic Development
1438 Council shall approve distribution of funds to ports for
1439 projects that have been approved pursuant to s. 311.09(5)-(8)
1440 311.09(5)-(9), or for seaport intermodal access projects
1441 identified in the 5-year Florida Seaport Mission Plan as
1442 provided in s. 311.09(3) and mutually agreed upon by the FSTED
1443 Council and the Department of Transportation. All contracts for
1444 actual construction of projects authorized by this subsection
1445 must include a provision encouraging employment of participants
1446 in the welfare transition program. The goal for such employment
1447 of participants in the welfare transition program is 25 percent
1448 of all new employees employed specifically for the project,
1449 unless the Department of Transportation and the Florida Seaport
1450 Transportation and Economic Development Council demonstrate that
1451 such a requirement would severely hamper the successful
1452 completion of the project. In such an instance, Workforce
1453 Florida, Inc., shall establish an appropriate percentage of
1454 employees who are that must be participants in the welfare
1455 transition program. The council and the Department of
1456 Transportation may are authorized to perform such acts as are
1457 required to facilitate and implement the provisions of this
1458 subsection. To better enable the ports to cooperate to their
1459 mutual advantage, the governing body of each port may exercise
1460 powers provided to municipalities or counties in s. 163.01(7)(d)
1461 subject to the provisions of chapter 311 and special acts, if
1462 any, pertaining to a port. The use of funds provided pursuant to
1463 this subsection is limited to eligible projects listed in this
1464 subsection. The provisions of s. 311.07(4) do not apply to any
1465 funds received pursuant to this subsection. The revenues
1466 available under this subsection may shall not be pledged to the
1467 payment of any bonds other than the Florida Ports Financing
1468 Commission Series 1996 and Series 1999 Bonds currently
1469 outstanding; provided, however, such revenues may be pledged to
1470 secure payment of refunding bonds to refinance the Florida Ports
1471 Financing Commission Series 1996 and Series 1999 Bonds. No
1472 Refunding bonds secured by revenues available under this
1473 subsection may not be issued with a final maturity later than
1474 the final maturity of the Florida Ports Financing Commission
1475 Series 1996 and Series 1999 Bonds or which provide for higher
1476 debt service in any year than is currently payable on such
1477 bonds. Any revenue bonds or other indebtedness issued after July
1478 1, 2000, other than refunding bonds shall be issued by the
1479 Division of Bond Finance at the request of the Department of
1480 Transportation pursuant to the State Bond Act.
1481 Section 21. Subsection (6) is added to section 332.08,
1482 Florida Statutes, to read:
1483 332.08 Additional powers.—In addition to the general powers
1484 in ss. 332.01-332.12 conferred and without limitation thereof, a
1485 municipality which has established or may hereafter establish
1486 airports, restricted landing areas, or other air navigation
1487 facilities, or which has acquired or set apart or may hereafter
1488 acquire or set apart real property for such purposes, is hereby
1489 authorized:
1490 (6) Notwithstanding the provisions of this section, and if
1491 participating in the Federal Aviation Administration’s pilot
1492 program on the private ownership of airports pursuant to 49
1493 U.S.C. s. 47134, to lease or sell an airport or other air
1494 navigation facility or real property, together with improvements
1495 and equipment, acquired or set apart for airport purposes to a
1496 private party under the terms and conditions negotiated by the
1497 municipality. If state funds were provided to the municipality
1498 pursuant to s. 332.007, the municipality must obtain the
1499 Department of Transportation’s approval of the agreement. The
1500 department may approve the agreement if it determines that the
1501 state’s investment has been adequately considered and protected
1502 in accordance with the applicable conditions specified in 49
1503 U.S.C. s. 47134.
1504 Section 22. Subsections (10), (12), (25), and (38) of
1505 section 334.03, Florida Statutes, are reordered and amended to
1506 read:
1507 334.03 Definitions.—When used in the Florida Transportation
1508 Code, the term:
1509 (10) “Florida Intrastate Highway System” means a system of
1510 limited access and controlled access facilities on the State
1511 Highway System which have the capacity to provide high-speed and
1512 high-volume traffic movements in an efficient and safe manner.
1513 (10)(11) “Functional classification” means the assignment
1514 of roads into systems according to the character of service they
1515 provide in relation to the total road network using procedures
1516 developed by the Federal Highway Administration. Basic
1517 functional categories include arterial roads, collector roads,
1518 and local roads which may be subdivided into principal, major,
1519 or minor levels. Those levels may be additionally divided into
1520 rural and urban categories.
1521 (11)(12) “Governmental entity” means a unit of government,
1522 or an any officially designated public agency or authority of a
1523 unit of government, which that has the responsibility for
1524 planning, construction, operation, or maintenance or
1525 jurisdiction over transportation facilities.; The term includes
1526 the Federal Government, the state government, a county, an
1527 incorporated municipality, a metropolitan planning organization,
1528 an expressway or transportation authority, a road and bridge
1529 district, a special road and bridge district, and a regional
1530 governmental unit.
1531 (25) “State Highway System” means the following, which
1532 shall be facilities to which access is regulated:
1533 (a) the interstate system and all other roads within the
1534 state which were under the jurisdiction of the state on June 10,
1535 1995, and roads constructed by an agency of the state for the
1536 State Highway System, plus roads transferred to the state’s
1537 jurisdiction after that date by mutual consent with another
1538 governmental entity. Roads transferred from the state’s
1539 jurisdiction are not included. Access to State Highway System
1540 facilities shall be regulated;
1541 (b) All rural arterial routes and their extensions into and
1542 through urban areas;
1543 (c) All urban principal arterial routes; and
1544 (d) The urban minor arterial mileage on the existing State
1545 Highway System as of July 1, 1987, plus additional mileage to
1546 comply with the 2-percent requirement as described below.
1547
1548 However, not less than 2 percent of the public road mileage of
1549 each urbanized area on record as of June 30, 1986, shall be
1550 included as minor arterials in the State Highway System.
1551 Urbanized areas not meeting the foregoing minimum requirement
1552 shall have transferred to the State Highway System additional
1553 minor arterials of the highest significance in which case the
1554 total minor arterials in the State Highway System from any
1555 urbanized area shall not exceed 2.5 percent of that area’s total
1556 public urban road mileage.
1557 (12)(38) “Interactive voice response” means a software
1558 application that accepts a combination of voice telephone input
1559 and touch-tone keypad selection and provides appropriate
1560 responses in the form of voice, fax, callback, e-mail, and other
1561 media.
1562 Section 23. Subsections (11), (13), and (26) of section
1563 334.044, Florida Statutes, are amended, and subsection (33) is
1564 added to that section, to read:
1565 334.044 Department; powers and duties.—The department shall
1566 have the following general powers and duties:
1567 (11) To establish a numbering system for public roads and,
1568 to functionally classify such roads, and to assign
1569 jurisdictional responsibility.
1570 (13) To designate existing and to plan proposed
1571 transportation facilities as part of the State Highway System,
1572 and to construct, maintain, and operate such facilities.
1573 (26) To provide for the enhancement of environmental
1574 benefits, including air and water quality; to prevent roadside
1575 erosion; to conserve the natural roadside growth and scenery;
1576 and to provide for the implementation and maintenance of
1577 roadside conservation, enhancement, and stabilization programs.
1578 No less than 1.5 percent of the amount contracted for
1579 construction projects that add capacity or provide significant
1580 enhancements to the existing system shall be allocated by the
1581 department for the purchase of plant materials. Department
1582 districts may not expend funds for landscaping in connection
1583 with any project that is limited to resurfacing existing lanes
1584 unless such expenditure has been approved by the department’s
1585 secretary or designee., with, To the greatest extent practical,
1586 a minimum of 50 percent of the these funds allocated under this
1587 subsection shall be allocated for large plant materials and the
1588 remaining funds for other plant materials. All such plant
1589 materials shall be purchased from Florida commercial nursery
1590 stock in this state on a uniform competitive bid basis. The
1591 department shall will develop grades and standards for
1592 landscaping materials purchased through this process. To
1593 accomplish these activities, the department may contract with
1594 nonprofit organizations having the primary purpose of developing
1595 youth employment opportunities.
1596 (33) To develop, in coordination with its partners, freight
1597 mobility and trade plans to assist in making freight mobility
1598 investments that contribute to the economic growth of the state.
1599 Such plans should enhance the integration and connectivity of
1600 the transportation system across and between transportation
1601 modes for people and freight throughout the state. Freight
1602 issues and needs shall be given emphasis in all appropriate
1603 transportation plans, including the Florida Transportation Plan
1604 and the Strategic Intermodal System Plan.
1605 Section 24. Section 334.047, Florida Statutes, is amended
1606 to read:
1607 334.047 Prohibition.—Notwithstanding any other provision of
1608 law to the contrary, the Department of Transportation may not
1609 establish a cap on the number of miles in the State Highway
1610 System or a maximum number of miles of urban principal arterial
1611 roads, as defined in s. 334.03, within a district or county.
1612 Section 25. Subsection (3) of section 335.02, Florida
1613 Statutes, is amended to read:
1614 335.02 Authority to designate transportation facilities and
1615 rights-of-way and establish lanes; procedure for redesignation
1616 and relocation; application of local regulations.—
1617 (3) The department may establish standards for lanes on the
1618 State Highway System, including the Strategic Intermodal System
1619 highway corridors Florida Intrastate Highway System established
1620 pursuant to s. 339.65 338.001. In determining the number of
1621 lanes for any regional corridor or section of highway on the
1622 State Highway System to be funded by the department with state
1623 or federal funds, the department shall evaluate all alternatives
1624 and seek to achieve the highest degree of efficient mobility for
1625 corridor users. In conducting the analysis, the department must
1626 give consideration to the following factors consistent with
1627 sound engineering principles:
1628 (a) Overall economic importance of the corridor as a trade
1629 or tourism corridor.
1630 (b) Safety of corridor users, including the importance of
1631 the corridor for evacuation purposes.
1632 (c) Cost-effectiveness of alternative methods of increasing
1633 the mobility of corridor users.
1634 (d) Current and projected traffic volumes on the corridor.
1635 (e) Multimodal alternatives.
1636 (f) Use of intelligent transportation technology in
1637 increasing the efficiency of the corridor.
1638 (g) Compliance with state and federal policies related to
1639 clean air, environmental impacts, growth management, livable
1640 communities, and energy conservation.
1641 (h) Addition of special use lanes, such as exclusive truck
1642 lanes, high-occupancy-vehicle toll lanes, and exclusive
1643 interregional traffic lanes.
1644 (i) Availability and cost of rights-of-way, including
1645 associated costs, and the most effective use of existing rights
1646 of-way.
1647 (j) Regional economic and transportation objectives, if
1648 where articulated.
1649 (k) The future land use plan element of local government
1650 comprehensive plans, as appropriate, including designated urban
1651 infill and redevelopment areas.
1652 (l) The traffic circulation element, if applicable, of
1653 local government comprehensive plans, including designated
1654 transportation corridors and public transportation corridors.
1655 (m) The approved metropolitan planning organization’s long
1656 range transportation plan, as appropriate.
1657
1658 This subsection does not preclude more than a number of lanes in
1659 excess of 10 lanes, but in such case an additional factor that
1660 must be considered before the department must consider may
1661 determine that the number of lanes should be more than 10 is the
1662 future capacity to accommodate in the future alternative forms
1663 of transportation within existing or potential rights-of-way.
1664 Section 26. Subsection (5) is added to section 335.074,
1665 Florida Statutes, to read:
1666 335.074 Safety inspection of bridges.—
1667 (5) Upon receipt of an inspection report that recommends
1668 limiting the weight, size, or speed limit on a bridge, the
1669 governmental entity having maintenance responsibility for the
1670 bridge must reduce the maximum limits in accordance with the
1671 inspection report and post the limits in accordance with s.
1672 316.555. Within 30 days after receipt of an inspection report
1673 recommending lower limits, the governmental entity must notify
1674 the department that the limitations have been implemented and
1675 posted accordingly. If the required actions are not taken within
1676 the 30 days, the department shall post the limits on the bridge
1677 in accordance with the recommendations in the report. All costs
1678 incurred by the department in connection with providing notice
1679 of the bridge’s limitations or restrictions shall be assessed
1680 against and collected from the governmental entity having
1681 maintenance responsibility for the bridge. If an inspection
1682 report recommends closure of a bridge, the bridge must be
1683 immediately closed. If the governmental entity does not
1684 immediately close the bridge, the department shall close the
1685 bridge. All costs incurred by the department in connection with
1686 the bridge closure shall be assessed against and collected from
1687 the governmental entity having maintenance responsibility for
1688 the bridge.
1689 Section 27. Subsections (1) and (2) of section 335.17,
1690 Florida Statutes, are amended to read:
1691 335.17 State highway construction; means of noise
1692 abatement.—
1693 (1) The department shall make use of noise-control methods
1694 as part of highway construction projects that involve new
1695 location or capacity expansion in the construction of all new
1696 state highways, with particular emphasis on those highways
1697 located in or near urban-residential developments that which
1698 abut the such highway rights-of-way.
1699 (2) All highway projects by the department, regardless of
1700 funding source, shall be developed in conformity with federal
1701 standards for noise abatement as contained in 23 C.F.R. 772 as
1702 such regulations existed on July 13, 2011 March 1, 1989. The
1703 department shall, At a minimum, the department must comply with
1704 federal requirements in the following areas:
1705 (a) Analysis of traffic noise impacts and abatement
1706 measures;
1707 (b) Noise abatement;
1708 (c) Information for local officials;
1709 (d) Traffic noise prediction; and
1710 (e) Construction noise.
1711 Section 28. Subsection (5) of section 336.021, Florida
1712 Statutes, is amended to read:
1713 336.021 County transportation system; levy of ninth-cent
1714 fuel tax on motor fuel and diesel fuel.—
1715 (5) All impositions of the tax shall be levied before
1716 October July 1 of each year to be effective January 1 of the
1717 following year. However, levies of the tax which were in effect
1718 on July 1, 2002, and which expire on August 31 of any year may
1719 be reimposed at the current authorized rate to be effective
1720 September 1 of the year of expiration. All impositions must
1721 shall be required to end on December 31 of a year. A decision to
1722 rescind the tax may shall not take effect on any date other than
1723 December 31 and requires shall require a minimum of 60 days’
1724 notice to the department of such decision.
1725 Section 29. Paragraphs (a) and (b) of subsection (1),
1726 paragraph (a) of subsection (5), and paragraphs (d) and (e) of
1727 subsection (7) of section 336.025, Florida Statutes, are amended
1728 to read:
1729 336.025 County transportation system; levy of local option
1730 fuel tax on motor fuel and diesel fuel.—
1731 (1)(a) In addition to other taxes allowed by law, and there
1732 may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c),
1733 a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
1734 fuel tax may be levied upon every gallon of motor fuel and
1735 diesel fuel sold in a county and taxed under the provisions of
1736 part I or part II of chapter 206.
1737 1. All impositions and rate changes of the tax must shall
1738 be levied before October July 1 to be effective January 1 of the
1739 following year for up to a period not to exceed 30 years, and
1740 the applicable method of distribution shall be established
1741 pursuant to subsection (3) or subsection (4). However, levies of
1742 the tax which were in effect on July 1, 2002, and which expire
1743 on August 31 of any year may be reimposed at the current
1744 authorized rate effective September 1 of the year of expiration.
1745 Upon expiration, the tax may be relevied if provided that a
1746 redetermination of the method of distribution is made as
1747 provided in this section.
1748 2. County and municipal governments shall use utilize
1749 moneys received pursuant to this paragraph only for
1750 transportation expenditures.
1751 3. Any tax levied pursuant to this paragraph may be
1752 extended upon on a majority vote of the governing body of the
1753 county. A redetermination of the method of distribution shall be
1754 established pursuant to subsection (3) or subsection (4), if,
1755 after July 1, 1986, the tax is extended or the tax rate changed,
1756 for the period of extension or for the additional tax.
1757 (b) In addition to other taxes allowed by law, and there
1758 may be levied as provided in s. 206.41(1)(e), a 1-cent, 2-cent,
1759 3-cent, 4-cent, or 5-cent local option fuel tax may be levied
1760 upon every gallon of motor fuel sold in a county and taxed under
1761 the provisions of part I of chapter 206. The tax shall be levied
1762 by an ordinance adopted by a majority plus one vote of the
1763 membership of the governing body of the county or by referendum.
1764 1. All impositions and rate changes of the tax must shall
1765 be levied before October July 1, to be effective January 1 of
1766 the following year. However, levies of the tax which were in
1767 effect on July 1, 2002, and which expire on August 31 of any
1768 year may be reimposed at the current authorized rate effective
1769 September 1 of the year of expiration.
1770 2. Before the county may, prior to levy of the tax, the
1771 county may establish by interlocal agreement with one or more
1772 municipalities which represent located therein, representing a
1773 majority of the population of the incorporated area within the
1774 county, a distribution formula for dividing the entire proceeds
1775 of the tax among county government and all eligible
1776 municipalities within the county. If an no interlocal agreement
1777 is not adopted before the effective date of the tax, tax
1778 revenues shall be distributed pursuant to the provisions of
1779 subsection (4). If there is no interlocal agreement exists, a
1780 new interlocal agreement may be established before prior to June
1781 1 of any year pursuant to this subparagraph. However, an any
1782 interlocal agreement agreed to under this subparagraph after the
1783 initial levy of the tax or change in the tax rate authorized in
1784 this section may not shall under no circumstances materially or
1785 adversely affect the rights of holders of outstanding bonds that
1786 which are backed by taxes authorized by this paragraph, and the
1787 amounts distributed to the county government and each
1788 municipality may shall not be reduced below the amount necessary
1789 for the payment of principal and interest and reserves for
1790 principal and interest as required under the covenants of any
1791 bond resolution outstanding on the date of establishment of the
1792 new interlocal agreement.
1793 3. County and municipal governments shall use moneys
1794 received pursuant to this paragraph for transportation
1795 expenditures needed to meet the requirements of the capital
1796 improvements element of an adopted comprehensive plan or for
1797 expenditures needed to meet immediate local transportation
1798 problems and for other transportation-related expenditures that
1799 are critical for building comprehensive roadway networks by
1800 local governments. For purposes of this paragraph, expenditures
1801 for the construction of new roads, the reconstruction or
1802 resurfacing of existing paved roads, or the paving of existing
1803 graded roads shall be deemed to increase capacity and such
1804 projects shall be included in the capital improvements element
1805 of an adopted comprehensive plan. Expenditures for purposes of
1806 this paragraph do shall not include routine maintenance of
1807 roads.
1808 (5)(a) By October July 1 of each year, the county shall
1809 notify the Department of Revenue of the rate of the taxes levied
1810 pursuant to paragraphs (1)(a) and (b), and of its decision to
1811 rescind or change the rate of a tax, if applicable, and shall
1812 provide the department with a certified copy of the interlocal
1813 agreement established under subparagraph (1)(b)2. or
1814 subparagraph (3)(a)1. with distribution proportions established
1815 by such agreement or pursuant to subsection (4), if applicable.
1816 A decision to rescind a tax may shall not take effect on any
1817 date other than December 31 and requires shall require a minimum
1818 of 60 days’ notice to the Department of Revenue of such
1819 decision.
1820 (7) For the purposes of this section, “transportation
1821 expenditures” means expenditures by the local government from
1822 local or state shared revenue sources, excluding expenditures of
1823 bond proceeds, for the following programs:
1824 (d) Street lighting installation, operation, maintenance,
1825 and repair.
1826 (e) Traffic signs, traffic engineering, signalization, and
1827 pavement markings, installation, operation, maintenance, and
1828 repair.
1829 Section 30. Paragraph (a) of subsection (3) of section
1830 337.11, Florida Statutes, is amended to read:
1831 337.11 Contracting authority of department; bids; emergency
1832 repairs, supplemental agreements, and change orders; combined
1833 design and construction contracts; progress payments; records;
1834 requirements of vehicle registration.—
1835 (3)(a) On all construction contracts of $250,000 or less,
1836 and any construction contract of less than $500,000 for which
1837 the department has waived prequalification under s. 337.14, the
1838 department shall advertise for bids in a newspaper having
1839 general circulation in the county where the proposed work is
1840 located for at least. Publication shall be at least once a week
1841 for no less than 2 consecutive weeks., and The first publication
1842 must be at least shall be no less than 14 consecutive days
1843 before prior to the date on which bids are to be received.
1844 Section 31. Subsection (4) of section 337.111, Florida
1845 Statutes, is amended to read:
1846 337.111 Contracting for monuments and memorials to military
1847 veterans at rest areas.—The Department of Transportation is
1848 authorized to enter into contract with any not-for-profit group
1849 or organization that has been operating for not less than 2
1850 years for the installation of monuments and memorials honoring
1851 Florida’s military veterans at highway rest areas around the
1852 state pursuant to the provisions of this section.
1853 (4) The group or organization making the proposal must
1854 shall provide an annual renewable bond, an irrevocable letter of
1855 credit, or other form of security as approved by the
1856 department’s comptroller, for the purpose of a 10-year bond
1857 securing the cost of removing removal of the monument and any
1858 modifications made to the site as part of the placement of the
1859 monument if should the department determines that of
1860 Transportation determine it is necessary to remove or relocate
1861 the monument. Such removal or relocation must shall be approved
1862 by the committee described in subsection (1). Prior to
1863 expiration, the bond shall be renewed for another 10-year period
1864 if the memorial is to remain in place.
1865 Section 32. Subsection (1) of section 337.125, Florida
1866 Statutes, is amended to read:
1867 337.125 Socially and economically disadvantaged business
1868 enterprises; notice requirements.—
1869 (1) After contract goals are established, in order to
1870 document that a subcontract is with a certified socially and
1871 economically disadvantaged business enterprise, the prime
1872 contractor must either submit a disadvantaged business
1873 enterprise utilization form that which has been signed by the
1874 socially and economically disadvantaged business enterprise and
1875 the prime contractor, or submit the written or oral quotation of
1876 the socially and economically disadvantaged business
1877 enterprise., and Information contained in the quotation must be
1878 confirmed as determined by the department by rule.
1879 Section 33. Section 337.137, Florida Statutes, is repealed.
1880 Section 34. Section 337.139, Florida Statutes, is amended
1881 to read:
1882 337.139 Encouraging the award of Efforts to encourage
1883 awarding contracts to disadvantaged business enterprises.—In
1884 implementing chapter 90-136, Laws of Florida, the Department of
1885 Transportation shall implement institute procedures to encourage
1886 the awarding of contracts for professional services and
1887 construction to disadvantaged business enterprises. For the
1888 purposes of this section, the term “disadvantaged business
1889 enterprise” means a small business concern certified by the
1890 Department of Transportation to be owned and controlled by
1891 socially and economically disadvantaged individuals as defined
1892 by the Safe, Accountable, Flexible, Efficient Transportation
1893 Equity Act: A Legacy for Users (SAFETEA-LU), Surface
1894 Transportation and Uniform Relocation Act of 1987. The
1895 Department of Transportation shall develop and implement
1896 activities to encourage the participation of disadvantaged
1897 business enterprises in the contracting process. Such efforts
1898 may include:
1899 (1) Presolicitation or prebid meetings for the purpose of
1900 informing disadvantaged business enterprises of contracting
1901 opportunities.
1902 (2) Written notice to disadvantaged business enterprises of
1903 contract opportunities for commodities or contractual and
1904 construction services that which the disadvantaged business
1905 provides.
1906 (3) Provision of adequate information to disadvantaged
1907 business enterprises about the plans, specifications, and
1908 requirements of contracts or the availability of jobs.
1909 (4) Breaking large contracts into several single-purpose
1910 contracts of a size which may be obtained by certified
1911 disadvantaged business enterprises.
1912 Section 35. Subsection (1) of section 337.14, Florida
1913 Statutes, is amended to read:
1914 337.14 Application for qualification; certificate of
1915 qualification; restrictions; request for hearing.—
1916 (1) Any person desiring to bid for the performance of any
1917 construction contract in excess of $250,000 which the department
1918 proposes to let must first be certified by the department as
1919 qualified pursuant to this section and rules of the department.
1920 The rules must include of the department shall address the
1921 qualification of persons to bid on such construction contracts
1922 in excess of $250,000 and shall include requirements with
1923 respect to the equipment, past record, experience, financial
1924 resources, and organizational personnel of the applicant
1925 necessary to perform the specific class of work for which the
1926 person seeks certification. The department may is authorized to
1927 limit the dollar amount of any contract upon which a person is
1928 qualified to bid or the aggregate total dollar volume of
1929 contracts such person is allowed to have under contract at any
1930 one time. Each applicant seeking qualification to bid must on
1931 construction contracts in excess of $250,000 shall furnish the
1932 department a statement under oath, on such forms as the
1933 department may prescribe, setting forth detailed information as
1934 required on the application. Each application for certification
1935 must shall be accompanied by the latest annual financial
1936 statement of the applicant completed within the last 12 months.
1937 If the application or the annual financial statement shows the
1938 financial condition of the applicant more than 4 months before
1939 prior to the date on which the application is received by the
1940 department, then an interim financial statement must be
1941 submitted and be accompanied by an updated application. The
1942 interim financial statement must cover the period from the end
1943 date of the annual statement and must show the financial
1944 condition of the applicant no more than 4 months before prior to
1945 the date the interim financial statement is received by the
1946 department. However, upon the request of the applicant, an
1947 application and accompanying annual or interim financial
1948 statement received by the department within 15 days after either
1949 4-month period is considered timely. Each required annual or
1950 interim financial statement must be audited and accompanied by
1951 the opinion of a certified public accountant or a public
1952 accountant approved by the department. The information required
1953 by this subsection is confidential and exempt from the
1954 provisions of s. 119.07(1). The department shall act upon the
1955 application for qualification within 30 days after the
1956 department determines that the application is complete.
1957 (a) The department may waive the requirements of this
1958 subsection for projects having a contract price of $500,000 or
1959 less if the department determines that the project is of a
1960 noncritical nature and the waiver will not endanger public
1961 health, safety, or property.
1962 (b) An applicant desiring to bid exclusively for the
1963 performance of construction contracts that have proposed budget
1964 estimates of less than $1 million may submit reviewed annual or
1965 reviewed interim financial statements prepared by a certified
1966 public accountant.
1967 Section 36. Section 337.403, Florida Statutes, is amended
1968 to read:
1969 337.403 Interference caused by relocation of utility;
1970 expenses.—
1971 (1) When a Any utility heretofore or hereafter placed upon,
1972 under, over, or along any public road or publicly owned rail
1973 corridor that is found by the authority to be unreasonably
1974 interfering in any way with the convenient, safe, or continuous
1975 use, or the maintenance, improvement, extension, or expansion,
1976 of such public road or publicly owned rail corridor, the utility
1977 owner shall, upon 30 days’ written notice to the utility or its
1978 agent by the authority, initiate the work necessary to alleviate
1979 the interference be removed or relocated by such utility at its
1980 own expense except as provided in paragraphs (a)-(f). The work
1981 must be completed within such reasonable time as stated in the
1982 notice or such time as agreed to by the authority and the
1983 utility owner.
1984 (a) If the relocation of utility facilities, as referred to
1985 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
1986 627 of the 84th Congress, is necessitated by the construction of
1987 a project on the federal-aid interstate system, including
1988 extensions thereof within urban areas, and the cost of the
1989 project is eligible and approved for reimbursement by the
1990 Federal Government to the extent of 90 percent or more under the
1991 Federal Aid Highway Act, or any amendment thereof, then in that
1992 event the utility owning or operating such facilities shall
1993 perform any necessary work relocate the facilities upon notice
1994 from order of the department, and the state shall pay the entire
1995 expense properly attributable to such work relocation after
1996 deducting therefrom any increase in the value of any the new
1997 facility and any salvage value derived from any the old
1998 facility.
1999 (b) When a joint agreement between the department and the
2000 utility is executed for utility improvement, relocation, or
2001 removal work to be accomplished as part of a contract for
2002 construction of a transportation facility, the department may
2003 participate in those utility work improvement, relocation, or
2004 removal costs that exceed the department’s official estimate of
2005 the cost of the work by more than 10 percent. The amount of such
2006 participation shall be limited to the difference between the
2007 official estimate of all the work in the joint agreement plus 10
2008 percent and the amount awarded for this work in the construction
2009 contract for such work. The department may not participate in
2010 any utility work improvement, relocation, or removal costs that
2011 occur as a result of changes or additions during the course of
2012 the contract.
2013 (c) When an agreement between the department and utility is
2014 executed for utility improvement, relocation, or removal work to
2015 be accomplished in advance of a contract for construction of a
2016 transportation facility, the department may participate in the
2017 cost of clearing and grubbing necessary to perform such work.
2018 (d) If the utility facility being removed or relocated was
2019 initially installed to exclusively serve the authority or
2020 department, its tenants, or both, the authority department shall
2021 bear the costs of the removing or relocating that utility work
2022 facility. However, the authority department is not responsible
2023 for bearing the cost of utility work related to removing or
2024 relocating any subsequent additions to that facility for the
2025 purpose of serving others.
2026 (e) If, under an agreement between a utility and the
2027 authority entered into after July 1, 2009, the utility conveys,
2028 subordinates, or relinquishes a compensable property right to
2029 the authority for the purpose of accommodating the acquisition
2030 or use of the right-of-way by the authority, without the
2031 agreement expressly addressing future responsibility for the
2032 cost of necessary utility work removing or relocating the
2033 utility, the authority shall bear the cost of removal or
2034 relocation. This paragraph does not impair or restrict, and may
2035 not be used to interpret, the terms of any such agreement
2036 entered into before July 1, 2009.
2037 (f) If the utility is an electric facility being relocated
2038 underground in order to enhance vehicular, bicycle, and
2039 pedestrian safety and in which ownership of the electric
2040 facility to be placed underground has been transferred from a
2041 private to a public utility within the past 5 years, the
2042 department shall incur all costs of the necessary utility work
2043 relocation.
2044 (g) If the authority acquires the property on which a
2045 utility was located before the removal or relocation of the
2046 utility facility, and such utility is not found to be located
2047 illegally, the authority shall bear the costs of removing or
2048 relocating that utility facility.
2049 (2) If such utility work removal or relocation is
2050 incidental to work to be done on such road or publicly owned
2051 rail corridor, the notice shall be given at the same time the
2052 contract for the work is advertised for bids, or no less than 30
2053 days prior to the commencement of such work by the authority,
2054 whichever is greater.
2055 (3) Whenever the notice from an order of the authority
2056 requires such utility work removal or change in the location of
2057 any utility from the right-of-way of a public road or publicly
2058 owned rail corridor, and the owner thereof fails to perform the
2059 work remove or change the same at his or her own expense to
2060 conform to the order within the time stated in the notice or
2061 such other time as agreed to by the authority and the utility
2062 owner, the authority shall proceed to cause the utility work to
2063 be performed to be removed. The expense thereby incurred shall
2064 be paid out of any money available therefor, and such expense
2065 shall, except as provided in subsection (1), be charged against
2066 the owner and levied and collected and paid into the fund from
2067 which the expense of such relocation was paid.
2068 Section 37. Subsection (1) of section 337.404, Florida
2069 Statutes, is amended to read:
2070 337.404 Removal or relocation of utility facilities; notice
2071 and order; court review.—
2072 (1) Whenever it becomes shall become necessary for the
2073 authority to perform utility work remove or relocate any utility
2074 as provided in s. 337.403 the preceding section, the owner of
2075 the utility, or the owner’s chief agent, shall be given notice
2076 that the authority will perform of such work removal or
2077 relocation and, after the work is complete, given an order
2078 requiring the payment of the cost thereof, and a shall be given
2079 reasonable time, which may shall not be less than 20 or nor more
2080 than 30 days, in which to appear before the authority to contest
2081 the reasonableness of the order. Should the owner or the owner’s
2082 representative not appear, the determination of the cost to the
2083 owner shall be final. Authorities considered agencies for the
2084 purposes of chapter 120 shall adjudicate removal or relocation
2085 of utilities pursuant to chapter 120.
2086 Section 38. Section 337.408, Florida Statutes, is amended
2087 to read:
2088 337.408 Regulation of bus stops, benches, transit shelters,
2089 street light poles, waste disposal receptacles, and modular news
2090 racks within rights-of-way.—
2091 (1) Benches or transit shelters, including advertising
2092 displayed on benches or transit shelters, may be installed
2093 within the right-of-way limits of any municipal, county, or
2094 state road, except a limited access highway, if provided that
2095 such benches or transit shelters are for the comfort or
2096 convenience of the general public or are at designated stops on
2097 official bus routes, and provided that written authorization has
2098 been given to a qualified private supplier of such service by
2099 the municipal government within whose incorporated limits such
2100 benches or transit shelters are installed or by the county
2101 government within whose unincorporated limits such benches or
2102 transit shelters are installed.
2103 (a) A municipality or county may authorize the
2104 installation, without public bid, of benches and transit
2105 shelters together with advertising displayed thereon within the
2106 right-of-way limits of such roads. Any contract for the
2107 installation of benches or transit shelters or advertising on
2108 benches or transit shelters which was entered into before April
2109 8, 1992, without public bidding is ratified and affirmed. Such
2110 (b) Benches or transit shelters may not interfere with
2111 right-of-way preservation and maintenance. Any bench or transit
2112 shelter located on a sidewalk within the right-of-way limits of
2113 any road on the State Highway System or the county road system
2114 must shall be located so as to leave at least 36 inches of
2115 clearance for pedestrians and persons in wheelchairs. Such
2116 clearance shall be measured in a direction perpendicular to the
2117 centerline of the road.
2118 (c) All installations must be in compliance with all
2119 applicable laws and rules including, without limitation, the
2120 Americans with Disabilities Act. Municipalities and counties
2121 shall indemnify, defend, and hold harmless the department from
2122 any suits, actions, proceedings, claims, losses, costs, charges,
2123 expenses, damages, liabilities, attorney fees, and court costs
2124 relating to the installation, removal, or relocation of such
2125 installations.
2126 (2) Waste disposal receptacles of less than 110 gallons in
2127 capacity, including advertising displayed on such waste disposal
2128 receptacles, may be installed within the right-of-way limits of
2129 any municipal, county, or state road, except a limited access
2130 highway if, provided that written authorization has been given
2131 to a qualified private supplier of such service by the
2132 appropriate municipal or county government. A municipality or
2133 county may authorize the installation, without public bid, of
2134 waste disposal receptacles together with advertising displayed
2135 thereon within the right-of-way limits of such roads. Such waste
2136 disposal receptacles may not interfere with right-of-way
2137 preservation and maintenance.
2138 (3) Modular news racks, including advertising thereon, may
2139 be located within the right-of-way limits of any municipal,
2140 county, or state road, except a limited access highway if,
2141 provided the municipal government within whose incorporated
2142 limits such racks are installed or the county government within
2143 whose unincorporated limits such racks are installed has passed
2144 an ordinance regulating the placement of modular news racks
2145 within the right-of-way and has authorized a qualified private
2146 supplier of modular news racks to provide such service. The
2147 modular news rack or advertising may thereon shall not exceed a
2148 height of 56 inches or a total advertising space of 56 square
2149 feet. Within No later than 45 days before the prior to
2150 installation of modular news racks, the private supplier shall
2151 provide a map of proposed locations and typical installation
2152 plans to the department for approval. If the department does not
2153 respond within 45 days after receipt of the submitted plans,
2154 installation may proceed.
2155 (4) The department may has the authority to direct the
2156 immediate relocation or removal of any bus stop, bench, transit
2157 shelter, waste disposal receptacle, public pay telephone, or
2158 modular news rack that endangers life or property or that is
2159 otherwise not in compliance with applicable law and rule, except
2160 that transit bus benches that were placed in service before
2161 April 1, 1992, are not required to comply with bench size and
2162 advertising display size requirements established by the
2163 department before March 1, 1992. If a municipality or county
2164 fails to comply with the department’s direction, the department
2165 shall remove the noncompliant installation and charge the cost
2166 of the removal to the municipality or county, and may deduct or
2167 offset such cost from any other funding available to the
2168 municipality or county from the department. Any transit bus
2169 bench that was in service before April 1, 1992, may be replaced
2170 with a bus bench of the same size or smaller, if the bench is
2171 damaged or destroyed or otherwise becomes unusable. The
2172 department may adopt rules relating to the regulation of bench
2173 size and advertising display size requirements. If a
2174 municipality or county within which a bench is to be located has
2175 adopted an ordinance or other applicable regulation that
2176 establishes bench size or advertising display sign requirements
2177 different from requirements specified in department rule, the
2178 local government requirement applies within the respective
2179 municipality or county. Placement of any bench or advertising
2180 display on the National Highway System under a local ordinance
2181 or regulation adopted under this subsection is subject to
2182 approval by of the Federal Highway Administration.
2183 (5) A bus stop, bench, transit shelter, waste disposal
2184 receptacle, public pay telephone, or modular news rack, or
2185 advertising thereon, may not be erected or placed on the right
2186 of-way of any road in a manner that conflicts with the
2187 requirements of federal law, regulations, or safety standards,
2188 thereby causing the state or any political subdivision to lose
2189 the loss of federal funds. Competition among persons seeking to
2190 provide bus stop, bench, transit shelter, waste disposal
2191 receptacle, public pay telephone, or modular news rack services
2192 or advertising on such benches, shelters, receptacles, public
2193 pay telephone, or news racks may be regulated, restricted, or
2194 denied by the appropriate local government entity consistent
2195 with this section.
2196 (6) Street light poles, including attached public service
2197 messages and advertisements, may be located within the right-of
2198 way limits of municipal and county roads in the same manner as
2199 benches, transit shelters, waste disposal receptacles, and
2200 modular news racks as provided in this section and in accordance
2201 with municipal and county ordinances. Public service messages
2202 and advertisements may be installed on street light poles on
2203 roads on the State Highway System in accordance with height,
2204 size, setback, spacing distance, duration of display, safety,
2205 traffic control, and permitting requirements established by
2206 administrative rule of the Department of Transportation. Public
2207 service messages and advertisements are shall be subject to
2208 bilateral agreements, where applicable, to be negotiated with
2209 the owner of the street light poles, which shall consider, among
2210 other things, power source rates, design, safety, operational
2211 and maintenance concerns, and other matters of public
2212 importance. For the purposes of this section, the term “street
2213 light poles” does not include electric transmission or
2214 distribution poles. The department may shall have authority to
2215 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
2216 implement the provisions of this section. No Advertising on
2217 light poles is not shall be permitted on the Interstate Highway
2218 System. No Permanent structures carrying advertisements attached
2219 to light poles are not shall be permitted on the National
2220 Highway System.
2221 (7) A public pay telephone, including advertising displayed
2222 thereon, may be installed within the right-of-way limits of any
2223 municipal, county, or state road, except on a limited access
2224 highway, if the pay telephone is installed by a provider duly
2225 authorized and regulated by the Public Service Commission under
2226 s. 364.3375, if the pay telephone is operated in accordance with
2227 all applicable state and federal telecommunications regulations,
2228 and if written authorization has been given to a public pay
2229 telephone provider by the appropriate municipal or county
2230 government. Each advertisement must be limited to a size no
2231 greater than 8 square feet, and a public pay telephone booth may
2232 not display more than three advertisements at any given time. An
2233 advertisement is not allowed on public pay telephones located in
2234 rest areas, welcome centers, or other such facilities located on
2235 an interstate highway.
2236 (8) If Wherever the provisions of this section are
2237 inconsistent with other provisions of this chapter or with the
2238 provisions of chapter 125, chapter 335, chapter 336, or chapter
2239 479, the provisions of this section shall prevail.
2240 Section 39. The Division of Statutory Revision is requested
2241 to rename chapter 338, Florida Statutes, as “Limited Access and
2242 Toll Facilities.”
2243 Section 40. Section 338.001, Florida Statutes, is repealed.
2244 Section 41. Present subsections (2) through (6) of section
2245 338.01, Florida Statutes, are renumbered as subsections (3)
2246 through (7), respectively, and new subsection (2) and subsection
2247 (8) are added to that section, to read:
2248 338.01 Authority to establish and regulate limited access
2249 facilities.—
2250 (2) The department may establish limited access facilities
2251 as provided in s. 335.02. The primary function of these limited
2252 access facilities is to allow high-speed and high-volume traffic
2253 movements within the state. Access to abutting land is
2254 subordinate to this function and must be prohibited or highly
2255 regulated.
2256 (8) The department, or other governmental entity
2257 responsible for the collection of tolls, may pursue the
2258 collection of unpaid tolls and associated fees and other amounts
2259 to which it is entitled by contracting with a private attorney
2260 who is a member in good standing with The Florida Bar, or a
2261 collection agent who is registered and in good standing pursuant
2262 to chapter 559. A collection fee in an amount that is reasonable
2263 within the collection industry, including any reasonable
2264 attorney fee, may be added to the delinquent amount collected by
2265 the attorney or collection agent. The requirements of s. 287.059
2266 do not apply to private attorney services procured under this
2267 section.
2268 Section 42. Section 338.151, Florida Statutes, is created
2269 to read:
2270 338.151 Authority of the department to establish tolls on
2271 the State Highway System.—The department may establish tolls on
2272 new limited access facilities on the State Highway System, lanes
2273 added to existing limited access facilities on the State Highway
2274 System, new major bridges on the State Highway System over
2275 waterways, and replacements for existing major bridges on the
2276 State Highway System over waterways in order to pay for, fully
2277 or partially, the cost of such projects. Except for high
2278 occupancy vehicle lanes, express lanes, the turnpike system, and
2279 as otherwise authorized by law, the department may not establish
2280 tolls on lanes of limited access facilities that exist on July
2281 1, 2012, unless tolls were in effect before that date. The
2282 authority provided in this section is in addition to the
2283 authority provided under the Florida Turnpike Enterprise Law and
2284 s. 338.166.
2285 Section 43. Subsection (1) of section 338.155, Florida
2286 Statutes, is amended to read:
2287 338.155 Payment of toll on toll facilities required;
2288 exemptions.—
2289 (1) A person may not No persons are permitted to use a any
2290 toll facility without payment of tolls, except employees of the
2291 agency operating the toll project who are when using the toll
2292 facility on official state business, state military personnel
2293 while on official military business, handicapped persons as
2294 provided in this section, persons exempt from toll payment by
2295 the authorizing resolution for bonds issued to finance the
2296 facility, and persons exempt on a temporary basis if where use
2297 of such toll facility is required as a detour route. A Any law
2298 enforcement officer operating a marked official vehicle is
2299 exempt from toll payment when on official law enforcement
2300 business. Any person operating a fire vehicle when on official
2301 business or a rescue vehicle when on official business is exempt
2302 from toll payment. Any person participating in the funeral
2303 procession of a law enforcement officer or firefighter killed in
2304 the line of duty is exempt from toll payment. The secretary, or
2305 the secretary’s designee, may suspend the payment of tolls on a
2306 toll facility if when necessary to assist in emergency
2307 evacuation. The failure to pay a prescribed toll is constitutes
2308 a noncriminal traffic infraction, punishable as a moving
2309 violation pursuant to s. 318.18. The department may is
2310 authorized to adopt rules relating to the payment, collection,
2311 and enforcement of tolls, as authorized in chapters 316, 318,
2312 320, 322, and 338, including, but not limited to, rules for the
2313 implementation of video or other image billing and variable
2314 pricing. The department may, by rule, allow public transit
2315 vehicles or vehicles participating in a funeral procession for
2316 an active-duty military service member to use a toll facility
2317 managed by the department without payment if the toll revenues
2318 of the facility are not pledged to the repayment of bonds.
2319 Section 44. Section 338.161, Florida Statutes, is amended
2320 to read:
2321 338.161 Authority of department or toll agencies to
2322 advertise and promote electronic toll collection; Expanded uses
2323 of electronic toll collection system; studies authorized.—
2324 (1) The department may is authorized to incur expenses for
2325 paid advertising, marketing, and promotion of toll facilities
2326 and electronic toll collection products and services. Promotions
2327 may include discounts and free products.
2328 (2) The department may is authorized to receive funds from
2329 advertising placed on electronic toll collection products and
2330 promotional materials to defray the costs of products and
2331 services.
2332 (3)(a) The department or any toll agency created by statute
2333 may incur expenses to advertise or promote its electronic toll
2334 collection system to consumers on or off the turnpike or toll
2335 system.
2336 (4)(b) If the department or any toll agency created by
2337 statute finds that it can increase nontoll revenues or add
2338 convenience or other value for its customers, the department or
2339 toll agency may enter into agreements with a any private or
2340 public entity allowing the use of its electronic toll collection
2341 system to pay parking fees for vehicles equipped with a
2342 transponder or similar device. The department or toll agency may
2343 initiate feasibility studies of other additional future uses of
2344 its electronic toll collection system and make recommendations
2345 to the Legislature to authorize such uses.
2346 (5) If the department finds that it can increase nontoll
2347 revenues or add convenience or other value for its customers,
2348 the department may enter into agreements with private or public
2349 entities to use the electronic toll collection and video billing
2350 systems of such entities to collect tolls, fares, administrative
2351 fees, and other charges resulting from connection with the
2352 transportation facilities of the entities which will become
2353 interoperable with the department’s electronic toll collection
2354 system. The department may modify its rules regarding toll
2355 collection procedures and the imposition of administrative
2356 charges for toll facilities that are not part of the turnpike
2357 system or otherwise owned by the department. This subsection
2358 does not limit the authority of the department under any other
2359 provision of law or under any agreement entered into before July
2360 1, 2012.
2361 Section 45. Subsections (1) and (3) of section 338.166,
2362 Florida Statutes, are amended to read:
2363 338.166 High-occupancy toll lanes or express lanes.—
2364 (1) Under s. 11, Art. VII of the State Constitution, the
2365 department may request the Division of Bond Finance to issue
2366 bonds secured by toll revenues collected on high-occupancy toll
2367 lanes or express lanes located on Interstate 95 in Miami-Dade
2368 and Broward Counties.
2369 (3) Any remaining toll revenue from the high-occupancy toll
2370 lanes or express lanes shall be used by the department for the
2371 construction, maintenance, or improvement of any road on the
2372 State Highway System within the county or counties where the
2373 toll revenues were collected or to support express bus service
2374 on the facility where the toll revenues were collected.
2375 Section 46. Paragraph (a) of subsection (8) of section
2376 338.221, Florida Statutes, is amended to read:
2377 338.221 Definitions of terms used in ss. 338.22-338.241.—As
2378 used in ss. 338.22-338.241, the following words and terms have
2379 the following meanings, unless the context indicates another or
2380 different meaning or intent:
2381 (8) “Economically feasible” means:
2382 (a) For a proposed turnpike project, that, as determined by
2383 the department before the issuance of revenue bonds for the
2384 project, the estimated net revenues of the proposed turnpike
2385 project, excluding feeder roads and turnpike improvements, will
2386 be sufficient to pay at least 50 percent of the annual debt
2387 service on the bonds associated with the project by the end of
2388 the 12th year of operation and to pay at least 100 percent of
2389 the debt service on the bonds by the end of the 30th 22nd year
2390 of operation. In implementing this paragraph, up to 50 percent
2391 of the adopted work program costs of the project may be funded
2392 from turnpike revenues.
2393
2394 This subsection does not prohibit the pledging of revenues from
2395 the entire turnpike system to bonds issued to finance or
2396 refinance a turnpike project or group of turnpike projects.
2397 Section 47. Paragraphs (a) and (b) of subsection (1) of
2398 section 338.223, Florida Statutes, are amended to read:
2399 338.223 Proposed turnpike projects.—
2400 (1)(a) Any proposed project to be constructed or acquired
2401 as part of the turnpike system and any turnpike improvement must
2402 shall be included in the tentative work program. A No proposed
2403 project or group of proposed projects may not shall be added to
2404 the turnpike system unless such project is or projects are
2405 determined to be economically feasible and a statement of
2406 environmental feasibility has been completed for the such
2407 project or projects and such projects are determined to be
2408 consistent, to the maximum extent feasible, with approved local
2409 government comprehensive plans of the local governments in which
2410 the project is such projects are located. The department may
2411 authorize engineering studies, traffic studies, environmental
2412 studies, and other expert studies of the location, costs,
2413 economic feasibility, and practicality of proposed turnpike
2414 projects throughout the state and may proceed with the design
2415 phase of such projects. The department may shall not request
2416 legislative approval of a proposed turnpike project until the
2417 design phase of that project is at least 30 60 percent complete.
2418 If a proposed project or group of proposed projects is found to
2419 be economically feasible and, consistent, to the maximum extent
2420 feasible, with approved local government comprehensive plans of
2421 the local governments in which such projects are located to the
2422 maximum extent feasible, and a favorable statement of
2423 environmental feasibility has been completed, the department,
2424 with the approval of the Legislature, shall, after the receipt
2425 of all necessary permits, construct, maintain, and operate such
2426 turnpike projects.
2427 (b) Any proposed turnpike project or improvement shall be
2428 developed in accordance with the Florida Transportation Plan and
2429 the work program pursuant to s. 339.135. Turnpike projects that
2430 add capacity, alter access, affect feeder roads, or affect the
2431 operation of the local transportation system shall be included
2432 in the transportation improvement plan of the affected
2433 metropolitan planning organization. If such turnpike project
2434 does not fall within the jurisdiction of a metropolitan planning
2435 organization, the department shall notify the affected county
2436 and provide for public hearings in accordance with s.
2437 339.155(5)(c) 339.155(6)(c).
2438 Section 48. Subsection (4) of section 338.227, Florida
2439 Statutes, is amended to read:
2440 338.227 Turnpike revenue bonds.—
2441 (4) The Department of Transportation and the Department of
2442 Management Services shall create and implement an outreach
2443 program designed to enhance the participation of minority
2444 persons and minority business enterprises in all contracts
2445 entered into by the their respective departments for services
2446 related to the financing of department projects for the
2447 Strategic Intermodal System Plan developed pursuant to s. 339.64
2448 Florida Intrastate Highway System Plan. These services shall
2449 include, but are not be limited to, bond counsel and bond
2450 underwriters.
2451 Section 49. Subsection (2) of section 338.2275, Florida
2452 Statutes, is amended to read:
2453 338.2275 Approved turnpike projects.—
2454 (2) The department may is authorized to use turnpike
2455 revenues, the State Transportation Trust Fund moneys allocated
2456 for turnpike projects pursuant to s. 339.65 338.001, federal
2457 funds, and bond proceeds, and shall use the most cost-efficient
2458 combination of such funds, to develop in developing a financial
2459 plan for funding turnpike projects. The department must submit a
2460 report of the estimated cost for each ongoing turnpike project
2461 and for each planned project to the Legislature 14 days before
2462 the convening of the regular legislative session. Verification
2463 of economic feasibility and statements of environmental
2464 feasibility for individual turnpike projects must be based on
2465 the entire project as approved. Statements of environmental
2466 feasibility are not required for those projects listed in s. 12,
2467 chapter 90-136, Laws of Florida, for which the Project
2468 Development and Environmental Reports were completed by July 1,
2469 1990. All required environmental permits must be obtained before
2470 the department may advertise for bids for contracts for the
2471 construction of any turnpike project.
2472 Section 50. Section 338.228, Florida Statutes, is amended
2473 to read:
2474 338.228 Bonds not debts or pledges of credit of state.
2475 Turnpike revenue bonds issued under the provisions of ss.
2476 338.22-338.241 are not debts of the state or pledges of the
2477 faith and credit of the state. Such bonds are payable
2478 exclusively from revenues pledged for their payment. All such
2479 bonds must shall contain a statement on their face that the
2480 state is not obligated to pay the same or the interest thereon,
2481 except from the revenues pledged for their payment, and that the
2482 faith and credit of the state is not pledged to the payment of
2483 the principal or interest of such bonds. The issuance of
2484 turnpike revenue bonds under the provisions of ss. 338.22
2485 338.241 does not directly, indirectly, or contingently obligate
2486 the state to levy or to pledge any form of taxation whatsoever,
2487 or to make any appropriation for their payment. Except as
2488 provided in ss. 338.001, 338.223, and 338.2275, and 339.65, no
2489 state funds may not shall be used on any turnpike project or to
2490 pay the principal or interest of any bonds issued to finance or
2491 refinance any portion of the turnpike system, and all such bonds
2492 must shall contain a statement on their face to this effect.
2493 Section 51. Paragraph (c) is added to subsection (3) of
2494 section 338.231, Florida Statutes, to read:
2495 338.231 Turnpike tolls, fixing; pledge of tolls and other
2496 revenues.—The department shall at all times fix, adjust, charge,
2497 and collect such tolls and amounts for the use of the turnpike
2498 system as are required in order to provide a fund sufficient
2499 with other revenues of the turnpike system to pay the cost of
2500 maintaining, improving, repairing, and operating such turnpike
2501 system; to pay the principal of and interest on all bonds issued
2502 to finance or refinance any portion of the turnpike system as
2503 the same become due and payable; and to create reserves for all
2504 such purposes.
2505 (3)
2506 (c) Notwithstanding any other law, the department shall
2507 also assess an administrative fee of 25 cents per month as an
2508 account maintenance charge to be applied against any prepaid
2509 toll account of any kind which remains inactive for at least 24
2510 months but not longer than 48 months. As long as a zero or
2511 negative balance has not been reached, the administrative fee
2512 shall be charged for each month of inactivity beginning with the
2513 25th month of inactivity and continuing through the 48th month.
2514 If the fee results in an account reaching a zero or negative
2515 balance, the department shall close the account. If a positive
2516 balance still remains after the 48th month, the balance shall be
2517 presumed unclaimed and its disposition handled by the Department
2518 of Financial Services in accordance with chapter 717 relating to
2519 the disposition of unclaimed property, and the prepaid toll
2520 account shall be closed by the department.
2521 Section 52. Subsection (2) of section 338.234, Florida
2522 Statutes, is amended to read:
2523 338.234 Granting concessions or selling along the turnpike
2524 system; immunity from taxation.—
2525 (2) The effectuation of the authorized purposes of the
2526 Strategic Intermodal System created pursuant to ss. 339.61
2527 339.65 Florida Intrastate Highway System and Florida Turnpike
2528 Enterprise, created under this chapter, is for the benefit of
2529 the people of the state, for the increase of their commerce and
2530 prosperity, and for the improvement of their health and living
2531 conditions; and, because the system and enterprise perform
2532 essential government functions in effectuating such purposes,
2533 neither the turnpike enterprise nor any nongovernment lessee or
2534 licensee renting, leasing, or licensing real property from the
2535 turnpike enterprise, pursuant to an agreement authorized by this
2536 section, are required to pay any commercial rental tax imposed
2537 under s. 212.031 on any capital improvements constructed,
2538 improved, acquired, installed, or used for such purposes.
2539 Section 53. Section 339.0805, Florida Statutes, is amended
2540 to read:
2541 339.0805 Funds to be expended with certified disadvantaged
2542 business enterprises; specified percentage to be expended;
2543 construction management development program; bond guarantee
2544 program.—It is the policy of the state to meaningfully assist
2545 socially and economically disadvantaged business enterprises
2546 through a program that provides will provide for the development
2547 of skills through construction and business management training,
2548 as well as by providing contracting opportunities and financial
2549 assistance in the form of bond guarantees, to primarily remedy
2550 the effects of past economic disparity.
2551 (1)(a) Except to the extent that the head of the department
2552 determines otherwise, The department shall expend not less than
2553 10 percent of federal-aid highway funds as defined in 49 C.F.R.
2554 part 26 s. 23.63(a) and state matching funds with small business
2555 concerns owned and controlled by socially and economically
2556 disadvantaged individuals as those terms are defined by the
2557 Safe, Accountable, Flexible, Efficient Transportation Equity
2558 Act: A Legacy for Users (SAFETEA-LU) Surface Transportation and
2559 Uniform Relocation Assistance Act of 1987.
2560 (b) Upon a determination by the department of past and
2561 continuing discrimination in nonfederally funded projects on the
2562 basis of race, color, creed, national origin, or sex, the
2563 department may implement a program tailored to address specific
2564 findings of disparity. The program may include the establishment
2565 of annual goals for expending a percentage of state-administered
2566 highway funds with small business concerns. The department may
2567 use utilize set-asides for small business concerns to assist in
2568 achieving goals established pursuant to this subsection. For the
2569 purpose of this subsection, “small business concern” means a
2570 business owned and controlled by socially and economically
2571 disadvantaged individuals as defined by the Safe, Accountable,
2572 Flexible, Efficient Transportation Equity Act: A Legacy for
2573 Users (SAFETEA-LU) Surface Transportation and Uniform Relocation
2574 Assistance Act of 1987. The head of the department may elect to
2575 set goals only when significant disparity is documented. The
2576 findings of a disparity study must shall be considered in
2577 determining the program goals for each group qualified to
2578 participate. Such a study shall be conducted or updated by the
2579 department or its designee at a minimum of every 5 years. The
2580 department shall adopt rules to implement this subsection on or
2581 before October 1, 1993.
2582 (c) The department shall certify a socially and
2583 economically disadvantaged business enterprise, which
2584 certification shall be valid for 12 months, or as prescribed by
2585 49 C.F.R. part 23. The department’s initial application for
2586 certification must for a socially and economically disadvantaged
2587 business enterprise shall require sufficient information to
2588 determine eligibility as a small business concern owned and
2589 controlled by a socially and economically disadvantaged
2590 individual. For continuing eligibility recertification of a
2591 disadvantaged business enterprise, the department may accept an
2592 affidavit, which meets department criteria as to form and
2593 content, certifying that the business remains qualified for
2594 certification in accordance with program requirements. A firm
2595 that which does not fulfill all the department’s criteria for
2596 certification may shall not be considered a disadvantaged
2597 business enterprise. An applicant who is denied certification
2598 may not reapply within 12 6 months after issuance of the denial
2599 letter or the final order, whichever is later. The application
2600 and financial information required by this section are
2601 confidential and exempt from s. 119.07(1).
2602 (2) The department shall remove revoke the certification of
2603 a disadvantaged business enterprise upon receipt of notification
2604 that of any change in ownership which results in the
2605 disadvantaged individual or individuals who were used to qualify
2606 the business as a disadvantaged business enterprise, no longer
2607 own owning at least 51 percent of the business enterprise. Such
2608 notification must shall be made to the department by certified
2609 mail within 30 10 days after the change in ownership, and such
2610 business shall be removed from the certified disadvantaged
2611 business list until a new application is submitted and approved
2612 by the department. Failure to notify the department of the
2613 change in the ownership that which qualifies the business as a
2614 disadvantaged business enterprise will also result in removal
2615 revocation of certification and subject the business to the
2616 provisions of s. 337.135. In addition, the department may, for
2617 good cause, deny or remove suspend the certification of a
2618 disadvantaged business enterprise. As used in this subsection,
2619 the term “good cause” includes, but is not limited to, a the
2620 disadvantaged business enterprise that:
2621 (a) No longer meets meeting the certification standards set
2622 forth in department rules;
2623 (b) Makes Making a false, deceptive, or fraudulent
2624 statement in its application for certification or in any other
2625 information submitted to the department;
2626 (c) Fails Failing to maintain the records required by
2627 department rules;
2628 (d) Fails Failing to perform a commercially useful function
2629 on projects for which the enterprise was used to satisfy
2630 contract goals;
2631 (e) Fails Failing to fulfill its contractual obligations
2632 with contractors;
2633 (f) Fails Failing to respond with a statement of interest
2634 to requests for bid quotations from contractors for three
2635 consecutive lettings;
2636 (g) Subcontracting to others more than 49 percent of the
2637 amount of any single subcontract that was used by the prime
2638 contractor to meet a contract goal;
2639 (g)(h) Fails Failing to provide notarized certification of
2640 payments received on specific projects to the prime contractor
2641 if when required to do so by contract specifications;
2642 (h)(i) Fails Failing to schedule an onsite review upon
2643 request of the department; or
2644 (i)(j) Becomes Becoming insolvent or the subject of a
2645 bankruptcy proceeding.
2646 (3) The head of the department may is authorized to expend
2647 up to 6 percent of the funds specified in subsection (1), which
2648 are designated to be expended on small business firms owned and
2649 controlled by socially and economically disadvantaged
2650 individuals, to conduct, by contract or otherwise, a
2651 construction management development program. Participation in
2652 the program is will be limited to those firms that which are
2653 certified under the provisions of subsection (1) by the
2654 department or the federal Small Business Administration, or to
2655 any firm that meets the definition of a small business in 49
2656 C.F.R. s. 26.65 which has annual gross receipts not exceeding $2
2657 million averaged over a 3-year period. The program will consist
2658 of classroom instruction and on-the-job instruction. To the
2659 extent feasible, the registration fee shall be set to cover the
2660 cost of instruction and overhead. A No salary may not will be
2661 paid to a any participant.
2662 (a) Classroom instruction must include will consist of, but
2663 is not limited to, project planning methods for identifying
2664 personnel, equipment, and financial resource needs; bookkeeping;
2665 state bidding and bonding requirements; state and federal tax
2666 requirements; and strategies for obtaining loans, bonding, and
2667 joint venture agreements.
2668 (b) On-the-job instruction must include will consist of,
2669 but is not limited to, setting up the job site; cash-flow
2670 methods; project scheduling; quantity takeoffs; estimating;
2671 reading plans and specifications; department procedures on
2672 billing and payments; quality assessment and control methods;
2673 and bid preparation methods.
2674 (c) Contractors who have demonstrated satisfactory project
2675 performance, as defined by the department, may can be exempted
2676 from the provisions of paragraphs (a) and (b) and be validated
2677 as meeting the minimum curriculum standards of proficiency, in
2678 the same manner as participants who successfully complete the
2679 construction management development program only if they intend
2680 to apply for funds under provided for in subsection (4).
2681 (d) The department shall develop, under contract with the
2682 State University System, the community college system, a school
2683 district on in behalf of its career center, or a private
2684 consulting firm, a curriculum for instruction in the courses
2685 that will lead to a certification of proficiency in the
2686 construction management development program.
2687 (4) The head of the department may is authorized to expend
2688 up to 4 percent of the funds specified in subsection (1) on a
2689 bond guarantee program for participants who are certified under
2690 subsection (1) and who meet the minimum curriculum standards of
2691 proficiency. The state shall will guarantee up to 90 percent of
2692 a bond amount of $250,000, or less, and 80 percent of a bond
2693 amount greater than $250,000, which bond is provided by an
2694 approved surety. However, in addition to the requirements of
2695 paragraph (3)(c), the department shall retain 5 percent of the
2696 total contract amount designated for the disadvantaged business
2697 enterprise until final acceptance of the project, in order to
2698 receive a bond guarantee. The department may shall not commit
2699 funds for this program which are in excess of those funds
2700 appropriated specifically for this purpose.
2701 (5) Annually, The head of the department must annually is
2702 required to report on the progress of the this program to the
2703 President of the Senate, the Speaker of the House of
2704 Representatives, and the Governor. The report must shall
2705 include, as a minimum, the number of users of the bond guarantee
2706 plan, along with the number of defaults and dollar loss to the
2707 state; the number of students participating in the construction
2708 management development program by urban location; the number
2709 certified and not certified; the cost of the program categorized
2710 by cost of administration, cost of instruction (on-the-job and
2711 classroom instruction), and cost of supplies; and a comparison
2712 figure of those firms certified by the department under
2713 subsection (1) over the year, and the same figure for socially
2714 and economically disadvantaged contractors prequalified to
2715 perform prime contracting work for the department.
2716 Section 54. Paragraph (c) of subsection (4) and paragraph
2717 (e) of subsection (7) of section 339.135, Florida Statutes, are
2718 amended to read:
2719 339.135 Work program; legislative budget request;
2720 definitions; preparation, adoption, execution, and amendment.—
2721 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
2722 (c)1. For purposes of this section, the board of county
2723 commissioners shall serve as the metropolitan planning
2724 organization in those counties that which are not located in a
2725 metropolitan planning organization and shall be involved in the
2726 development of the district work program to the same extent as a
2727 metropolitan planning organization.
2728 2. The district work program shall be developed
2729 cooperatively from the outset with the various metropolitan
2730 planning organizations of the state and include, to the maximum
2731 extent feasible, the project priorities of metropolitan planning
2732 organizations which have been submitted to the district by
2733 October 1 of each year pursuant to s. 339.175(8)(b); however,
2734 the department and a metropolitan planning organization may, in
2735 writing, cooperatively agree to vary the this submittal date. To
2736 assist the metropolitan planning organizations in developing
2737 their lists of project priorities, the district shall disclose
2738 to each metropolitan planning organization any anticipated
2739 changes in the allocation or programming of state and federal
2740 funds which may affect the inclusion of metropolitan planning
2741 organization project priorities in the district work program.
2742 3. Before Prior to submittal of the district work program
2743 to the central office, the district shall provide the affected
2744 metropolitan planning organization with written justification
2745 for any project proposed to be rescheduled or deleted from the
2746 district work program which project is part of the metropolitan
2747 planning organization’s transportation improvement program and
2748 is contained in the last 4 years of the previous adopted work
2749 program. Within By no later than 14 days after submittal of the
2750 district work program to the central office, the affected
2751 metropolitan planning organization may file an objection to such
2752 rescheduling or deletion. If When an objection is filed with the
2753 secretary, the rescheduling or deletion may shall not be
2754 included in the district work program unless the inclusion of
2755 the such rescheduling or deletion is specifically approved by
2756 the secretary. The Florida Transportation Commission shall
2757 include such objections in its evaluation of the tentative work
2758 program only when the secretary has approved the rescheduling or
2759 deletion.
2760 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2761 (e) The department may amend the adopted work program to
2762 transfer fixed capital outlay appropriations for projects within
2763 the same appropriations category or between appropriations
2764 categories, including the following amendments, which are shall
2765 be subject to the procedures in paragraph (f):
2766 1. An Any amendment that which deletes any project or
2767 project phase estimated to cost more than $150,000;
2768 2. An Any amendment that which adds a project estimated to
2769 cost over $500,000 $150,000 in funds appropriated by the
2770 Legislature;
2771 3. An Any amendment that which advances or defers to
2772 another fiscal year, a right-of-way phase, a construction phase,
2773 or a public transportation project phase estimated to cost over
2774 $1.5 million $500,000 in funds appropriated by the Legislature,
2775 except an amendment advancing a phase by 1 year to the current
2776 fiscal year or deferring a phase for a period of 90 days or
2777 less; or
2778 4. An Any amendment that which advances or defers to
2779 another fiscal year, a any preliminary engineering phase or
2780 design phase estimated to cost over $500,000 $150,000 in funds
2781 appropriated by the Legislature, except an amendment advancing a
2782 phase by 1 year to the current fiscal year or deferring a phase
2783 for a period of 90 days or less.
2784
2785 Beginning July 1, 2013, the department shall index the budget
2786 amendment threshold amounts established in this paragraph to the
2787 Consumer Price Index or similar inflation indicators. Threshold
2788 adjustments for inflation may not be made more than once per
2789 year. Adjustments for inflation are subject to the notice and
2790 review procedures in s. 216.177.
2791 Section 55. Section 339.155, Florida Statutes, is amended
2792 to read:
2793 339.155 Transportation planning.—
2794 (1) THE FLORIDA TRANSPORTATION PLAN.—The department shall
2795 develop and annually update a statewide transportation plan, to
2796 be known as the Florida Transportation Plan. The plan shall be
2797 designed so as to be easily read and understood by the general
2798 public. The plan must shall consider the needs of the entire
2799 state transportation system and examine the use of all modes of
2800 transportation in order to effectively and efficiently meet such
2801 needs. The purpose of the Florida Transportation plan is to
2802 establish and define the state’s long-range transportation goals
2803 and objectives to be accomplished over a period of at least 20
2804 years within the context of the State Comprehensive Plan, and
2805 any other statutory mandates and authorizations and based upon
2806 the prevailing principles of:
2807 (a) Preserving the existing transportation infrastructure.
2808 (b) Enhancing the state’s Florida’s economic
2809 competitiveness.
2810 (c) Improving travel choices to ensure mobility.
2811 (d) Expanding the state’s role as a hub for trade and
2812 investment.
2813 (2) SCOPE OF PLANNING PROCESS.—The department shall carry
2814 out a transportation planning process in conformance with s.
2815 334.046(1) and 23 U.S.C. s. 135 which provides for consideration
2816 of projects and strategies that will:
2817 (a) Support the economic vitality of the United States,
2818 Florida, and the metropolitan areas, especially by enabling
2819 global competitiveness, productivity, and efficiency;
2820 (b) Increase the safety and security of the transportation
2821 system for motorized and nonmotorized users;
2822 (c) Increase the accessibility and mobility options
2823 available to people and for freight;
2824 (d) Protect and enhance the environment, promote energy
2825 conservation, and improve quality of life;
2826 (e) Enhance the integration and connectivity of the
2827 transportation system, across and between modes throughout
2828 Florida, for people and freight;
2829 (f) Promote efficient system management and operation; and
2830 (g) Emphasize the preservation of the existing
2831 transportation system.
2832 (3) FORMAT, SCHEDULE, AND REVIEW.—The Florida
2833 Transportation Plan must shall be a unified, concise planning
2834 document that clearly defines the state’s long-range
2835 transportation goals and objectives and documents the
2836 department’s short-range objectives developed to further such
2837 goals and objectives. The plan must: shall
2838 (a) Include a glossary that clearly and succinctly defines
2839 any and all phrases, words, or terms of art included in the
2840 plan, with which the general public may be unfamiliar. and shall
2841 consist of, at a minimum, the following components:
2842 (b)(a) Document A long-range component documenting the
2843 goals and long-term objectives necessary to implement the
2844 results of the department’s findings from its examination of the
2845 criteria specified listed in subsection (2) and s. 334.046(1)
2846 and 23 U.S.C. s. 135. The long-range component must
2847 (c) Be developed in cooperation with the metropolitan
2848 planning organizations and reconciled, to the maximum extent
2849 feasible, with the long-range plans developed by metropolitan
2850 planning organizations pursuant to s. 339.175. The plan must
2851 also
2852 (d) Be developed in consultation with affected local
2853 officials in nonmetropolitan areas and with any affected Indian
2854 tribal governments. The plan must
2855 (e) Provide an examination of transportation issues likely
2856 to arise during at least a 20-year period. The long-range
2857 component shall
2858 (f) Be updated at least once every 5 years, or more often
2859 as necessary, to reflect substantive changes to federal or state
2860 law.
2861 (b) A short-range component documenting the short-term
2862 objectives and strategies necessary to implement the goals and
2863 long-term objectives contained in the long-range component. The
2864 short-range component must define the relationship between the
2865 long-range goals and the short-range objectives, specify those
2866 objectives against which the department’s achievement of such
2867 goals will be measured, and identify transportation strategies
2868 necessary to efficiently achieve the goals and objectives in the
2869 plan. It must provide a policy framework within which the
2870 department’s legislative budget request, the strategic
2871 information resource management plan, and the work program are
2872 developed. The short-range component shall serve as the
2873 department’s annual agency strategic plan pursuant to s.
2874 186.021. The short-range component shall be developed consistent
2875 with available and forecasted state and federal funds. The
2876 short-range component shall also be submitted to the Florida
2877 Transportation Commission.
2878 (4) ANNUAL PERFORMANCE REPORT.—The department shall develop
2879 an annual performance report evaluating the operation of the
2880 department for the preceding fiscal year. The report shall also
2881 include a summary of the financial operations of the department
2882 and shall annually evaluate how well the adopted work program
2883 meets the short-term objectives contained in the short-range
2884 component of the Florida Transportation Plan. This performance
2885 report shall be submitted to the Florida Transportation
2886 Commission and the legislative appropriations and transportation
2887 committees.
2888 (4)(5) ADDITIONAL TRANSPORTATION PLANS.—
2889 (a) Upon request by local governmental entities, the
2890 department may in its discretion develop and design
2891 transportation corridors, arterial and collector streets,
2892 vehicular parking areas, and other support facilities that which
2893 are consistent with the department’s plans of the department for
2894 major transportation facilities. The department may render to
2895 local governmental entities or their planning agencies such
2896 technical assistance and services as are necessary so that local
2897 plans and facilities are coordinated with the plans and
2898 facilities of the department.
2899 (b) Each regional planning council, as provided for in s.
2900 186.504, or any successor agency thereto, shall develop, as an
2901 element of its strategic regional policy plan, transportation
2902 goals and policies. The transportation goals and policies must
2903 be prioritized to comply with the prevailing principles provided
2904 in subsection (1) (2) and s. 334.046(1). The transportation
2905 goals and policies must shall be consistent, to the maximum
2906 extent feasible, with the goals and policies of the metropolitan
2907 planning organization and the Florida Transportation Plan. The
2908 transportation goals and policies of the regional planning
2909 council are will be advisory only and must shall be submitted to
2910 the department and any affected metropolitan planning
2911 organization for their consideration and comments. Metropolitan
2912 planning organization plans and other local transportation plans
2913 must shall be developed to be consistent, to the maximum extent
2914 feasible, with the regional transportation goals and policies.
2915 The regional planning council shall review urbanized area
2916 transportation plans and any other planning products stipulated
2917 in s. 339.175 and provide the department and respective
2918 metropolitan planning organizations with written recommendations
2919 that which the department and the metropolitan planning
2920 organizations shall take under advisement. Further, The regional
2921 planning councils shall also directly assist local governments
2922 that which are not part of a metropolitan area transportation
2923 planning process in the development of the transportation
2924 element of their comprehensive plans as required by s. 163.3177.
2925 (c) Regional transportation plans may be developed in
2926 regional transportation areas in accordance with an interlocal
2927 agreement entered into pursuant to s. 163.01 by two or more
2928 contiguous metropolitan planning organizations; one or more
2929 metropolitan planning organizations and one or more contiguous
2930 counties, none of which is a member of a metropolitan planning
2931 organization; a multicounty regional transportation authority
2932 created by or pursuant to law; two or more contiguous counties
2933 that are not members of a metropolitan planning organization; or
2934 metropolitan planning organizations comprised of three or more
2935 counties.
2936 (d) The interlocal agreement must, at a minimum, identify
2937 the entity that will coordinate the development of the regional
2938 transportation plan; delineate the boundaries of the regional
2939 transportation area; provide the duration of the agreement and
2940 specify how the agreement may be terminated, modified, or
2941 rescinded; describe the process by which the regional
2942 transportation plan will be developed; and provide how members
2943 of the entity will resolve disagreements regarding
2944 interpretation of the interlocal agreement or disputes relating
2945 to the development or content of the regional transportation
2946 plan. Such interlocal agreement becomes shall become effective
2947 upon its recordation in the official public records of each
2948 county in the regional transportation area.
2949 (e) The regional transportation plan developed pursuant to
2950 this section must, at a minimum, identify regionally significant
2951 transportation facilities located within a regional
2952 transportation area and contain a prioritized list of regionally
2953 significant projects. The projects shall be adopted into the
2954 capital improvements schedule of the local government
2955 comprehensive plan pursuant to s. 163.3177(3).
2956 (5)(6) PROCEDURES FOR PUBLIC PARTICIPATION IN
2957 TRANSPORTATION PLANNING.—
2958 (a) During the development of the long-range component of
2959 the Florida Transportation Plan, and before prior to substantive
2960 revisions, the department shall provide citizens, affected
2961 public agencies, representatives of transportation agency
2962 employees, other affected employee representatives, private
2963 providers of transportation, and other known interested parties
2964 with an opportunity to comment on the proposed plan or
2965 revisions. These opportunities shall include, at a minimum,
2966 include publishing a notice in the Florida Administrative Weekly
2967 and within a newspaper of general circulation within the area of
2968 each department district office.
2969 (b) During development of major transportation
2970 improvements, such as those increasing the capacity of a
2971 facility through the addition of new lanes or providing new
2972 access to a limited or controlled access facility or
2973 construction of a facility in a new location, the department
2974 shall hold one or more hearings before selecting prior to the
2975 selection of the facility to be provided, selecting; prior to
2976 the selection of the site or corridor of the proposed facility,
2977 and selecting and committing; and prior to the selection of and
2978 commitment to a specific design proposal for the proposed
2979 facility. Such public hearings must shall be conducted so as to
2980 provide an opportunity for effective participation by interested
2981 persons in the process of transportation planning and site and
2982 route selection and in the specific location and design of
2983 transportation facilities. The various factors involved in the
2984 decision or decisions and any alternative proposals must shall
2985 be clearly presented so that the persons attending the hearing
2986 may present their views relating to the decision or decisions to
2987 which will be made.
2988 (c) Opportunity for design hearings:
2989 1. The department, before prior to holding a design
2990 hearing, must shall duly notify all affected property owners of
2991 record, as recorded in the property appraiser’s office, by mail
2992 at least 20 days before prior to the date set for the hearing.
2993 The affected property owners are shall be:
2994 a. Those whose property lies in whole or in part within 300
2995 feet on either side of the centerline of the proposed facility.
2996 b. Those whom the department determines will be
2997 substantially affected environmentally, economically, socially,
2998 or safetywise.
2999 2. For each subsequent hearing, the department shall
3000 publish notice before prior to the hearing date in a newspaper
3001 of general circulation for the area affected. The These notices
3002 must be published twice, with the first notice appearing at
3003 least 15 days, but no later than 30 days, before the hearing.
3004 3. A copy of the notice of opportunity for the hearing must
3005 be furnished to the United States Department of Transportation
3006 and to the appropriate departments of the state government at
3007 the time of publication.
3008 4. The opportunity for another hearing must be provided
3009 shall be afforded in any case where when proposed locations or
3010 designs are so changed from those presented in the notices
3011 specified in this paragraph above or at a hearing as to have a
3012 substantially different social, economic, or environmental
3013 effect.
3014 5. The opportunity for a hearing must be provided shall be
3015 afforded in any each case in which the department is in doubt as
3016 to whether a hearing is required.
3017 Section 56. Paragraph (a) of subsection (2), paragraph (a)
3018 of subsection (4), and paragraph (b) of subsection (8) of
3019 section 339.175, Florida Statutes, are amended to read:
3020 339.175 Metropolitan planning organization.—
3021 (2) DESIGNATION.—
3022 (a)1. An M.P.O. shall be designated for each urbanized area
3023 of the state; however, this does not require that an individual
3024 M.P.O. does not have to be designated for each such area. Such
3025 designation shall be accomplished by agreement between the
3026 Governor and units of general-purpose local government
3027 representing at least 75 percent of the population of the
3028 urbanized area; however, the unit of general-purpose local
3029 government that represents the central municipality city or
3030 cities within the M.P.O. jurisdiction, as defined by the United
3031 States Bureau of the Census, must be a party to such agreement.
3032 2. To the extent possible, only one M.P.O. shall be
3033 designated for each urbanized area or group of contiguous
3034 urbanized areas. More than one M.P.O. may be designated within
3035 an existing urbanized metropolitan planning area only if the
3036 Governor and the existing M.P.O. determine that the size and
3037 complexity of the existing urbanized metropolitan planning area
3038 makes the designation of more than one M.P.O. for the area
3039 appropriate.
3040
3041 Each M.P.O. required under this section must be fully operative
3042 no later than 6 months following its designation.
3043 (4) APPORTIONMENT.—
3044 (a) The Governor shall, with the agreement of the affected
3045 units of general-purpose local government as required by federal
3046 rules and regulations, shall apportion the membership on the
3047 applicable M.P.O. among the various governmental entities within
3048 the area. At the request of a majority of the affected units of
3049 general-purpose local government comprising an M.P.O., the
3050 Governor and a majority of units of general-purpose local
3051 government serving on an M.P.O. shall cooperatively agree upon
3052 and prescribe who may serve as an alternate member and a method
3053 for appointing alternate members who may vote at any M.P.O.
3054 meeting that an alternate member attends in place of a regular
3055 member. The method must shall be set forth as a part of the
3056 interlocal agreement describing the M.P.O.’s membership or in
3057 the M.P.O.’s operating procedures and bylaws. The governmental
3058 entity so designated shall appoint the appropriate number of
3059 members to the M.P.O. from eligible officials. Representatives
3060 of the department shall serve as nonvoting advisors members of
3061 the M.P.O. governing board. Additional nonvoting advisers may be
3062 appointed by the M.P.O. as deemed necessary; however, to the
3063 maximum extent feasible, each M.P.O. shall seek to appoint
3064 nonvoting representatives of various multimodal forms of
3065 transportation not otherwise represented by voting members of
3066 the M.P.O. An M.P.O. shall appoint nonvoting advisers
3067 representing major military installations located within the
3068 jurisdictional boundaries of the M.P.O. upon the request of the
3069 aforesaid major military installations and subject to the
3070 agreement of the M.P.O. All nonvoting advisers may attend and
3071 participate fully in governing board meetings but may shall not
3072 have a vote and may shall not be members of the governing board.
3073 The Governor shall review the composition of the M.P.O.
3074 membership in conjunction with the decennial census as prepared
3075 by the United States Department of Commerce, Bureau of the
3076 Census, and reapportion it as necessary to comply with
3077 subsection (3).
3078 (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
3079 in cooperation with the state and affected public transportation
3080 operators, develop a transportation improvement program for the
3081 area within the jurisdiction of the M.P.O. In the development of
3082 the transportation improvement program, each M.P.O. must provide
3083 the public, affected public agencies, representatives of
3084 transportation agency employees, freight shippers, providers of
3085 freight transportation services, private providers of
3086 transportation, representatives of users of public transit, and
3087 other interested parties with a reasonable opportunity to
3088 comment on the proposed transportation improvement program.
3089 (b) Each M.P.O. annually shall prepare a list of project
3090 priorities and shall submit the list to the appropriate district
3091 of the department by October 1 of each year; however, the
3092 department and a metropolitan planning organization may, in
3093 writing, agree to vary this submittal date. If more than one
3094 M.P.O. exists within an urbanized area, the M.P.O.s must
3095 coordinate in the development of regionally significant project
3096 priorities. The list of project priorities must be formally
3097 reviewed by the technical and citizens’ advisory committees, and
3098 approved by the M.P.O., before it is transmitted to the
3099 district. The approved list of project priorities must be used
3100 by the district in developing the district work program and must
3101 be used by the M.P.O. in developing its transportation
3102 improvement program. The annual list of project priorities must
3103 be based upon project selection criteria that, at a minimum,
3104 consider the following:
3105 1. The approved M.P.O. long-range transportation plan;
3106 2. The Strategic Intermodal System Plan developed under s.
3107 339.64.
3108 3. The priorities developed pursuant to s. 339.2819(4).
3109 4. The results of the transportation management systems;
3110 and
3111 5. The M.P.O.’s public-involvement procedures.
3112 Section 57. Subsections (1), (2), (3), and (4) of section
3113 339.2819, Florida Statutes, are amended to read:
3114 339.2819 Transportation Regional Incentive Program.—
3115 (1) The There is created within the Department of
3116 Transportation a Transportation Regional Incentive Program is
3117 created within the Department of Transportation for the purpose
3118 of providing funds to improve regionally significant
3119 transportation facilities in regional transportation areas
3120 created pursuant to s. 339.155(4) 339.155(5).
3121 (2) The percentage of matching funds provided from the
3122 Transportation Regional Incentive Program shall provide matching
3123 funds of up to be 50 percent of project costs.
3124 (3) The department shall allocate funding available for the
3125 Transportation Regional Incentive Program to the districts based
3126 on a factor derived from equal parts of population and motor
3127 fuel collections for eligible counties in regional
3128 transportation areas created pursuant to s. 339.155(4)
3129 339.155(5).
3130 (4)(a) Projects to be funded with Transportation Regional
3131 Incentive Program funds shall, at a minimum, must:
3132 1. Support those transportation facilities that Serve
3133 national, statewide, or regional functions and function as part
3134 of an integrated regional transportation system.
3135 2. Be identified in the capital improvements element of a
3136 comprehensive plan that has been determined to be in compliance
3137 with part II of chapter 163, after July 1, 2005. Further, The
3138 project must also shall be in compliance with local government
3139 comprehensive plan policies relative to corridor management.
3140 3. Be consistent with the Strategic Intermodal System Plan
3141 developed under s. 339.64.
3142 4. Have a commitment for local, regional, or private
3143 financial matching funds as a percentage of the overall project
3144 cost.
3145 (b) Projects funded under this section must be included in
3146 the department’s work program developed pursuant to s. 339.135.
3147 In identifying projects to be funded with allocating
3148 Transportation Regional Incentive Program funds, the department
3149 must ensure that such projects meet the requirements of this
3150 section and give priority shall be given to projects that:
3151 1. Provide connectivity to the Strategic Intermodal System
3152 developed under s. 339.64.
3153 2. Support economic development and the movement of goods
3154 in rural areas of critical economic concern designated under s.
3155 288.0656(7).
3156 3. Are subject to a local ordinance that establishes
3157 corridor management techniques, including access management
3158 strategies, right-of-way acquisition and protection measures,
3159 appropriate land use strategies, zoning, and setback
3160 requirements for adjacent land uses.
3161 4. Improve connectivity between military installations and
3162 the Strategic Highway Network or the Strategic Rail Corridor
3163 Network.
3164 Section 58. Subsection (6) of section 339.285, Florida
3165 Statutes, is amended to read:
3166 339.285 Enhanced Bridge Program for Sustainable
3167 Transportation.—
3168 (6) Preference shall be given to bridge projects located on
3169 corridors that connect to the Strategic Intermodal System,
3170 created under s. 339.64, and that have been identified as
3171 regionally significant in accordance with s. 339.155(4)(c)-(e)
3172 339.155(5)(c), (d), and (e).
3173 Section 59. Subsections (1) and (6) of section 339.62,
3174 Florida Statutes, are amended to read:
3175 339.62 System components.—The Strategic Intermodal System
3176 shall consist of appropriate components of:
3177 (1) Highway corridors The Florida Intrastate Highway System
3178 established under s. 339.65 338.001.
3179 (6) Other existing or planned corridors that serve a
3180 statewide or interregional purpose.
3181 Section 60. Subsections (2) and (4) of section 339.63,
3182 Florida Statutes, are amended, and subsections (5) and (6) are
3183 added to that section, to read:
3184 339.63 System facilities designated; additions and
3185 deletions.—
3186 (2) The Strategic Intermodal System and the Emerging
3187 Strategic Intermodal System include the following five four
3188 different types of facilities which that each form one component
3189 of an interconnected transportation system which types include:
3190 (a) Existing or planned hubs that are ports and terminals
3191 including airports, seaports, spaceports, passenger terminals,
3192 and rail terminals that serving to move goods or people between
3193 Florida regions of the state or between this state Florida and
3194 other markets in the United States and the rest of the world.
3195 (b) Existing or planned corridors that are highways, rail
3196 lines, waterways, and other exclusive-use facilities connecting
3197 major markets within the state Florida or between this state
3198 Florida and other states or nations.
3199 (c) Existing or planned intermodal connectors that are
3200 highways, rail lines, waterways or local public transit systems
3201 that serve serving as connectors between the components listed
3202 in paragraphs (a) and (b).
3203 (d) Existing or planned military access facilities that are
3204 highways or rail lines linking Strategic Intermodal System
3205 corridors to the state’s strategic military installations.
3206 (e)(d) Existing or planned facilities that significantly
3207 improve the state’s competitive position to compete for the
3208 movement of additional goods into and through this state.
3209 (4) Except as provided in subsections (5) and (6), after
3210 the initial designation of the Strategic Intermodal System under
3211 subsection (1), the department shall, in coordination with the
3212 metropolitan planning organizations, local governments, regional
3213 planning councils, transportation providers, and affected public
3214 agencies, add facilities to or delete facilities from the
3215 Strategic Intermodal System described in paragraph (2)(a) based
3216 upon criteria adopted by the department.
3217 (5) However, An airport that is designated as a reliever
3218 airport to a Strategic Intermodal System airport which has at
3219 least 75,000 itinerant operations per year, has a runway length
3220 of at least 5,500 linear feet, is capable of handling aircraft
3221 weighing at least 60,000 pounds with a dual wheel configuration
3222 which is served by at least one precision instrument approach,
3223 and serves a cluster of aviation-dependent industries, shall be
3224 designated as part of the Strategic Intermodal System by the
3225 Secretary of Transportation upon the request of a reliever
3226 airport meeting this criteria.
3227 (6)(a) Upon the request of a facility that is described in
3228 subsection (2), that meets the definition of an intermodal
3229 logistics center as defined in s. 311.101(1), and that has been
3230 designated in the local comprehensive plan as an intermodal
3231 logistics center or an equivalent planning term, the Secretary
3232 of Transportation shall designate such planned facility as part
3233 of the Strategic Intermodal System.
3234 (b) If a facility is designated as part of the Strategic
3235 Intermodal System pursuant to paragraph (a) and is within the
3236 jurisdiction of a local government that maintains a
3237 transportation concurrency system, such facility shall receive a
3238 waiver of transportation concurrency requirements applicable to
3239 Strategic Intermodal System facilities in order to accommodate
3240 any development at the facility which occurs pursuant to a
3241 building permit issued on or before December 31, 2017, but only
3242 if such facility is located:
3243 1. Within an area designated as a rural area of critical
3244 economic concern pursuant to s. 288.0656(7);
3245 2. Within a rural enterprise zone as defined in s.
3246 290.004(5); or
3247 3. Within 10 miles of the boundary of a rural area of
3248 critical economic concern or a rural enterprise zone.
3249 Section 61. Section 339.64, Florida Statutes, is amended to
3250 read:
3251 339.64 Strategic Intermodal System Plan.—
3252 (1) The department shall develop, in cooperation with
3253 metropolitan planning organizations, regional planning councils,
3254 local governments, the Statewide Intermodal Transportation
3255 Advisory Council and other transportation providers, a Strategic
3256 Intermodal System Plan. The plan must shall be consistent with
3257 the Florida Transportation Plan developed pursuant to s. 339.155
3258 and shall be updated at least once every 5 years, subsequent to
3259 updates of the Florida Transportation Plan.
3260 (2) In association with the continued development of the
3261 Strategic Intermodal System Plan, the Florida Transportation
3262 Commission, as part of its work program review process, shall
3263 conduct an annual assessment of the progress that the department
3264 and its transportation partners have made in realizing the goals
3265 of economic development, improved mobility, and increased
3266 intermodal connectivity of the Strategic Intermodal System. The
3267 Florida Transportation Commission shall coordinate with the
3268 department, the Statewide Intermodal Transportation Advisory
3269 Council, and other appropriate entities when developing this
3270 assessment. The Florida Transportation Commission shall deliver
3271 a report to the Governor and Legislature within no later than 14
3272 days after the regular session begins, with recommendations as
3273 necessary to fully implement the Strategic Intermodal System.
3274 (3)(a) During the development of updates to the Strategic
3275 Intermodal System Plan, the department shall provide
3276 metropolitan planning organizations, regional planning councils,
3277 local governments, transportation providers, affected public
3278 agencies, and citizens with an opportunity to participate in and
3279 comment on the development of the update.
3280 (b) The department also shall coordinate with federal,
3281 regional, and local partners the planning for the Strategic
3282 Highway Network and the Strategic Rail Corridor Network
3283 transportation facilities that either are included in the
3284 Strategic Intermodal System, or that provide a direct connection
3285 between military installations and the Strategic Intermodal
3286 System, with federal, regional, and local partners. In addition,
3287 The department shall also coordinate with regional and local
3288 partners to determine whether the road and other transportation
3289 infrastructure that connect military installations to the
3290 Strategic Intermodal System, the Strategic Highway Network, or
3291 the Strategic Rail Corridor is regionally significant and should
3292 be included in the Strategic Intermodal System Plan.
3293 (4) The Strategic Intermodal System Plan must shall include
3294 the following:
3295 (a) A needs assessment.
3296 (b) A project prioritization process.
3297 (c) A map of facilities designated as Strategic Intermodal
3298 System facilities; facilities that are emerging in importance
3299 and that are likely to become part of the system in the future;
3300 and planned facilities that will meet the established criteria.
3301 (d) A finance plan based on reasonable projections of
3302 anticipated revenues, including both 10-year and at least 20
3303 year cost-feasible components.
3304 (e) An assessment of the impacts of proposed improvements
3305 to Strategic Intermodal System corridors on military
3306 installations that are either located directly on the Strategic
3307 Intermodal System or located on the Strategic Highway Network or
3308 Strategic Rail Corridor Network.
3309 (5) STATEWIDE INTERMODAL TRANSPORTATION ADVISORY COUNCIL.—
3310 (a) The Statewide Intermodal Transportation Advisory
3311 Council is created to advise and make recommendations to the
3312 Legislature and the department on policies, planning, and
3313 funding of intermodal transportation projects. The council’s
3314 responsibilities shall include:
3315 1. Advising the department on the policies, planning, and
3316 implementation of strategies related to intermodal
3317 transportation.
3318 2. Providing advice and recommendations to the Legislature
3319 on funding for projects to move goods and people in the most
3320 efficient and effective manner for the State of Florida.
3321 (b) MEMBERSHIP.—Members of the Statewide Intermodal
3322 Transportation Advisory Council shall consist of the following:
3323 1. Six intermodal industry representatives selected by the
3324 Governor as follows:
3325 a. One representative from an airport involved in the
3326 movement of freight and people from their airport facility to
3327 another transportation mode.
3328 b. One individual representing a fixed-route, local
3329 government transit system.
3330 c. One representative from an intercity bus company
3331 providing regularly scheduled bus travel as determined by
3332 federal regulations.
3333 d. One representative from a spaceport.
3334 e. One representative from intermodal trucking companies.
3335 f. One representative having command responsibilities of a
3336 major military installation.
3337 2. Three intermodal industry representatives selected by
3338 the President of the Senate as follows:
3339 a. One representative from major-line railroads.
3340 b. One representative from seaports listed in s. 311.09(1)
3341 from the Atlantic Coast.
3342 c. One representative from an airport involved in the
3343 movement of freight and people from their airport facility to
3344 another transportation mode.
3345 3. Three intermodal industry representatives selected by
3346 the Speaker of the House of Representatives as follows:
3347 a. One representative from short-line railroads.
3348 b. One representative from seaports listed in s. 311.09(1)
3349 from the Gulf Coast.
3350 c. One representative from intermodal trucking companies.
3351 In no event may this representative be employed by the same
3352 company that employs the intermodal trucking company
3353 representative selected by the Governor.
3354 (c) Initial appointments to the council must be made no
3355 later than 30 days after the effective date of this section.
3356 1. The initial appointments made by the President of the
3357 Senate and the Speaker of the House of Representatives shall
3358 serve terms concurrent with those of the respective appointing
3359 officer. Beginning January 15, 2005, and for all subsequent
3360 appointments, council members appointed by the President of the
3361 Senate and the Speaker of the House of Representatives shall
3362 serve 2-year terms, concurrent with the term of the respective
3363 appointing officer.
3364 2. The initial appointees, and all subsequent appointees,
3365 made by the Governor shall serve 2-year terms.
3366 3. Vacancies on the council shall be filled in the same
3367 manner as the initial appointments.
3368 (d) Each member of the council shall be allowed one vote.
3369 The council shall select a chair from among its membership.
3370 Meetings shall be held at the call of the chair, but not less
3371 frequently than quarterly. The members of the council shall be
3372 reimbursed for per diem and travel expenses as provided in s.
3373 112.061.
3374 (e) The department shall provide administrative staff
3375 support and shall ensure that council meetings are
3376 electronically recorded. Such recordings and all documents
3377 received, prepared for, or used by the council in conducting its
3378 business shall be preserved pursuant to chapters 119 and 257.
3379 Section 62. Section 339.65, Florida Statutes, is created to
3380 read:
3381 339.65 Strategic Intermodal System highway corridors.—
3382 (1) The department shall plan and develop Strategic
3383 Intermodal System highway corridors, including limited and
3384 controlled access facilities, allowing for high-speed and high
3385 volume traffic movements within the state. The primary function
3386 of the corridors is to provide for traffic movement. Access to
3387 abutting land is subordinate to this function and must be
3388 prohibited or highly regulated.
3389 (2) Strategic Intermodal System highway corridors must
3390 include facilities from the following components of the State
3391 Highway System which meet the criteria adopted by the department
3392 pursuant to s. 339.63:
3393 (a) Interstate highways.
3394 (b) The Florida Turnpike System.
3395 (c) Interregional and intercity limited access facilities.
3396 (d) Existing interregional and intercity arterial highways
3397 previously upgraded or upgraded in the future to limited access
3398 or controlled access facility standards.
3399 (e) New limited access facilities necessary to complete a
3400 balanced statewide system.
3401 (3) The department shall adhere to the following policy
3402 guidelines in the development of Strategic Intermodal System
3403 highway corridors:
3404 (a) Making capacity improvements to existing facilities, if
3405 feasible, in order to minimize costs and environmental impacts.
3406 (b) Identifying appropriate arterial highways in major
3407 transportation corridors for inclusion in a program to bring
3408 these facilities up to limited access or controlled access
3409 facility standards.
3410 (c) Coordinating proposed projects with appropriate limited
3411 access projects undertaken by expressway authorities and local
3412 governmental entities.
3413 (d) Maximizing the use of limited access facility standards
3414 when constructing new arterial highways.
3415 (e) Identifying appropriate new limited access highways for
3416 inclusion in the Florida Turnpike System.
3417 (f) To the maximum extent feasible, ensuring that proposed
3418 projects are consistent with approved local government
3419 comprehensive plans of the local jurisdictions in which such
3420 facilities are to be located and with the transportation
3421 improvement program of any metropolitan planning organization
3422 where such facilities are to be located.
3423 (4) The department shall develop and maintain a plan of
3424 Strategic Intermodal System highway corridor projects that are
3425 anticipated to be let to contract for construction within a time
3426 period of at least 20 years. The plan must also identify when
3427 segments of the corridor will meet the standards and criteria
3428 developed pursuant to subsection (5).
3429 (5) The department shall establish the standards and
3430 criteria for the functional characteristics and design of
3431 facilities proposed as part of Strategic Intermodal System
3432 highway corridors.
3433 (6) For the purposes of developing the proposed Strategic
3434 Intermodal System highway corridors, beginning in the 2012-2013
3435 fiscal year and for each fiscal year thereafter, the minimum
3436 amount allocated shall be based on the 2003-2004 fiscal year
3437 allocation of $450 million adjusted annually by the change in
3438 the Consumer Price Index for the prior fiscal year compared to
3439 the Consumer Price Index for the 2003-2004 fiscal year.
3440 (7) Any project to be constructed as part of a Strategic
3441 Intermodal System highway corridor must be included in the
3442 department’s adopted work program. Corridor projects that are
3443 added to or deleted from the previous adopted work program, or
3444 modifications to corridor projects contained in the previous
3445 adopted work program, must be specifically identified and
3446 submitted as a separate part of the tentative work program.
3447 Section 63. Subsection (2) of section 341.053, Florida
3448 Statutes, is amended to read:
3449 341.053 Intermodal Development Program; administration;
3450 eligible projects; limitations.—
3451 (2) In recognition of the department’s role in the economic
3452 development of this state, the department shall develop a
3453 proposed intermodal development plan to connect Florida’s
3454 airports, deepwater seaports, rail systems serving both
3455 passenger and freight, and major intermodal connectors to the
3456 Strategic Intermodal System highway corridors Florida Intrastate
3457 Highway System facilities as the primary system for the movement
3458 of people and freight in this state in order to make the
3459 intermodal development plan a fully integrated and
3460 interconnected system. The intermodal development plan must:
3461 (a) Define and assess the state’s freight intermodal
3462 network, including airports, seaports, rail lines and terminals,
3463 intercity bus lines and terminals, and connecting highways.
3464 (b) Prioritize statewide infrastructure investments,
3465 including the acceleration of current projects, which are found
3466 by the Freight Stakeholders Task Force to be priority projects
3467 for the efficient movement of people and freight.
3468 (c) Be developed in a manner that will assure maximum use
3469 of existing facilities and optimum integration and coordination
3470 of the various modes of transportation, including both
3471 government-owned and privately owned resources, in the most
3472 cost-effective manner possible.
3473 Section 64. Section 341.840, Florida Statutes, is amended
3474 to read:
3475 341.840 Tax exemption.—
3476 (1) The exercise of the powers granted by this act will be
3477 in all respects for the benefit of the people of this state, for
3478 the increase of their commerce, welfare, and prosperity, and for
3479 the improvement of their health and living conditions. The
3480 design, construction, operation, maintenance, and financing of a
3481 high-speed rail system by the department authority, its agent,
3482 or the owner or lessee thereof, as herein authorized,
3483 constitutes the performance of an essential public function.
3484 (2)(a) For the purposes of this section, the term
3485 “department” “authority” does not include agents of the
3486 department authority other than contractors who qualify as such
3487 pursuant to subsection (7).
3488 (b) For the purposes of this section, any item or property
3489 that is within the definition of “associated development” in s.
3490 341.8203(1) is shall not be considered to be part of the high
3491 speed rail system as defined in s. 341.8203(3) 341.8203(6).
3492 (3)(a) Purchases or leases of tangible personal property or
3493 real property by the department authority, excluding agents of
3494 the department authority, are exempt from taxes imposed by
3495 chapter 212 as provided in s. 212.08(6). Purchases or leases of
3496 tangible personal property that is incorporated into the high
3497 speed rail system as a component part thereof, as determined by
3498 the department authority, by agents of the department authority
3499 or the owner of the high-speed rail system are exempt from sales
3500 or use taxes imposed by chapter 212. Leases, rentals, or
3501 licenses to use real property granted to agents of the
3502 department authority or the owner of the high-speed rail system
3503 are exempt from taxes imposed by s. 212.031 if the real property
3504 becomes part of such system. The exemptions granted in this
3505 subsection do not apply to sales, leases, or licenses by the
3506 department authority, agents of the department authority, or the
3507 owner of the high-speed rail system.
3508 (b) The exemption granted in paragraph (a) to purchases or
3509 leases of tangible personal property by agents of the department
3510 authority or by the owner of the high-speed rail system applies
3511 only to property that becomes a component part of such system.
3512 It does not apply to items, including, but not limited to,
3513 cranes, bulldozers, forklifts, other machinery and equipment,
3514 tools and supplies, or other items of tangible personal property
3515 used in the construction, operation, or maintenance of the high
3516 speed rail system if when such items are not incorporated into
3517 the high-speed rail system as a component part thereof.
3518 (4) Any bonds or other security, and all notes, mortgages,
3519 security agreements, letters of credit, or other instruments
3520 that arise out of or are given to secure the repayment of bonds
3521 or other security, issued by the department authority, or on
3522 behalf of the department authority, their transfer, and the
3523 income therefrom, including any profit made on the sale thereof,
3524 is shall at all times be free from taxation of every kind by the
3525 state, the counties, and the municipalities and other political
3526 subdivisions in the state. This subsection, However, does not
3527 exempt from taxation or assessment the leasehold interest of a
3528 lessee in any project or any other property or interest owned by
3529 the lessee is not exempt from taxation or assessment. The
3530 exemption granted by this subsection does is not apply
3531 applicable to any tax imposed by chapter 220 on interest income
3532 or profits on the sale of debt obligations owned by
3533 corporations.
3534 (5) If When property of the department authority is leased
3535 to another person or entity, the property is shall be exempt
3536 from ad valorem taxation only if the use by the lessee qualifies
3537 the property for exemption under s. 196.199.
3538 (6) A leasehold interest held by the department authority
3539 is not subject to intangible tax. However, if the a leasehold
3540 interest held by the authority is subleased to a nongovernmental
3541 lessee, the such subleasehold interest is shall be deemed to be
3542 an interest described in s. 199.023(1)(d), Florida Statutes
3543 2005, and is subject to the intangible tax.
3544 (7)(a) In order to be considered an agent of the department
3545 authority for purposes of the exemption from sales and use tax
3546 granted by subsection (3) for tangible personal property
3547 incorporated into the high-speed rail system, a contractor of
3548 the department authority that purchases or fabricates such
3549 tangible personal property must be certified by the department
3550 authority as provided in this subsection.
3551 (b)1. A contractor must apply for a renewal of the
3552 exemption by not later than December 1 of each calendar year.
3553 2. A contractor must apply to the department authority on
3554 the application form developed by the department adopted by the
3555 authority, which shall develop the form in consultation with the
3556 Department of Revenue, and adopted by department rule.
3557 3. The department authority shall review each submitted
3558 application and determine whether it is complete. The department
3559 authority shall notify the applicant of any deficiencies in the
3560 application within 30 days. Upon receipt of a completed
3561 application, the department authority shall evaluate the
3562 application for exemption under this subsection and issue a
3563 certification that the contractor is qualified to act as an
3564 agent of the department authority for purposes of this section
3565 or a denial of such certification within 30 days. The department
3566 authority shall provide the Department of Revenue with a copy of
3567 each certification issued upon approval of an application. Upon
3568 receipt of a certification from the department authority, the
3569 Department of Revenue shall issue an exemption permit to the
3570 contractor.
3571 (c)1. The contractor may extend a copy of its exemption
3572 permit to its vendors in lieu of paying sales tax on purchases
3573 of tangible personal property which qualify qualifying for
3574 exemption under this section. Possession of a copy of the
3575 exemption permit relieves the seller of the responsibility for
3576 of collecting tax on the sale, and the Department of Revenue
3577 shall look solely to the contractor for recovery of tax upon
3578 determining a determination that the contractor was not entitled
3579 to the exemption.
3580 2. The contractor may extend a copy of its exemption permit
3581 to real property subcontractors supplying and installing
3582 tangible personal property that is exempt under subsection (3).
3583 Any such subcontractor may is authorized to extend a copy of the
3584 permit to the subcontractor’s vendors in order to purchase
3585 qualifying tangible personal property tax-exempt. If the
3586 subcontractor uses the exemption permit to purchase tangible
3587 personal property that is determined not to qualify for
3588 exemption under subsection (3), the Department of Revenue may
3589 assess and collect any tax, penalties, and interest that are due
3590 from either the contractor holding the exemption permit or the
3591 subcontractor that extended the exemption permit to the seller.
3592 (d) A Any contractor authorized to act as an agent of the
3593 department authority under this section shall maintain the
3594 necessary books and records to document the exempt status of
3595 purchases and fabrication costs made or incurred under the
3596 permit. In addition, An authorized contractor extending its
3597 exemption permit to its subcontractors shall also maintain a
3598 copy of the subcontractor’s books, records, and invoices
3599 indicating all purchases made by the subcontractor under the
3600 authorized contractor’s permit. If, in an audit conducted by the
3601 Department of Revenue, it is determined that tangible personal
3602 property purchased or fabricated claiming exemption under this
3603 section does not meet the criteria for exemption, the amount of
3604 taxes not paid at the time of purchase or fabrication are shall
3605 be immediately due and payable to the Department of Revenue,
3606 together with the appropriate interest and penalty, computed
3607 from the date of purchase, in the manner prescribed under by
3608 chapter 212.
3609 (e) If a contractor fails to apply for a high-speed rail
3610 system exemption permit, or if a contractor initially determined
3611 by the department authority to not qualify for exemption is
3612 subsequently determined to be eligible, the contractor shall
3613 receive the benefit of the exemption in this subsection through
3614 a refund of previously paid taxes for transactions that
3615 otherwise would have been exempt. A refund may not be made for
3616 such taxes without the issuance of a certification by the
3617 department authority that the contractor was authorized to make
3618 purchases tax-exempt and a determination by the Department of
3619 Revenue that the purchases qualified for the exemption.
3620 (f) The department authority may adopt rules governing the
3621 application process for exemption of a contractor as an
3622 authorized agent of the department authority.
3623 (g) The Department of Revenue may adopt rules governing the
3624 issuance and form of high-speed rail system exemption permits,
3625 the audit of contractors and subcontractors using such permits,
3626 the recapture of taxes on nonqualified purchases, and the manner
3627 and form of refund applications.
3628 Section 65. Paragraphs (c) and (e) of subsection (2) of
3629 section 343.53, Florida Statutes, are amended to read:
3630 343.53 South Florida Regional Transportation Authority.—
3631 (2) The governing board of the authority shall consist of
3632 nine voting members, as follows:
3633 (c) The Secretary of the Department of Transportation shall
3634 appoint one of the district secretaries, or his or her designee,
3635 for the districts within which the area served by the South
3636 Florida Regional Transportation Authority is located. However,
3637 the secretary’s appointee shall serve in an ex officio,
3638 nonvoting capacity.
3639 (e) The Governor shall appoint three two members to the
3640 board who are residents and qualified electors in the area
3641 served by the authority but who are not residents of the same
3642 county and also not residents of the county in which the
3643 district secretary who was appointed pursuant to paragraph (c)
3644 is a resident.
3645 Section 66. Transfer to the Florida Turnpike Enterprise.
3646 The governance and control of the Mid-Bay Bridge Authority
3647 system, created pursuant to chapter 2000-411, Laws of Florida,
3648 is transferred to the Florida Turnpike Enterprise.
3649 (1) The assets, facilities, tangible and intangible
3650 property, any rights in such property, and any other legal
3651 rights of the authority, including the bridge system operated by
3652 the authority, are transferred to the turnpike enterprise. All
3653 powers of the authority shall succeed to the turnpike
3654 enterprise, and the operations and maintenance of the bridge
3655 system shall be under the control of the turnpike enterprise,
3656 pursuant to this section. Revenues collected on the bridge
3657 system may be considered turnpike revenues and the Mid-Bay
3658 Bridge may be considered part of the turnpike system if bonds of
3659 the authority are not outstanding. The turnpike enterprise also
3660 assumes all liability for bonds of the bridge authority pursuant
3661 to subsection (2). The turnpike enterprise may review other
3662 contracts, financial obligations, and contractual obligations
3663 and liabilities of the authority and may assume legal liability
3664 for such obligations that are determined to be necessary for the
3665 continued operation of the bridge system.
3666 (2) The transfer pursuant to this section is subject to the
3667 terms and covenants provided for the protection of the holders
3668 of the Mid-Bay Bridge Authority bonds in the lease-purchase
3669 agreement and the resolutions adopted in connection with the
3670 issuance of the bonds. Further, the transfer does not impair the
3671 terms of the contract between the authority and the bondholders,
3672 does not act to the detriment of the bondholders, and does not
3673 diminish the security for the bonds. After the transfer, the
3674 turnpike enterprise shall operate and maintain the bridge system
3675 and any other facilities of the authority in accordance with the
3676 terms, conditions, and covenants contained in the bond
3677 resolutions and lease-purchase agreement securing the bonds of
3678 the authority. The turnpike enterprise shall collect toll
3679 revenues and apply them to the payment of debt service as
3680 provided in the bond resolution securing the bonds and shall
3681 expressly assume all obligations relating to the bonds to ensure
3682 that the transfer will have no adverse impact on the security
3683 for the bonds of the authority. The transfer does not make the
3684 obligation to pay the principal and interest on the bonds a
3685 general liability of the turnpike or pledge the turnpike system
3686 revenues to payment of the bonds. Revenues that are generated by
3687 the bridge system and other facilities of the authority and that
3688 were pledged by the authority to the payment of the bonds remain
3689 subject to the pledge for the benefit of the bondholders. The
3690 transfer does not modify or eliminate any prior obligation of
3691 the Department of Transportation to pay certain costs of the
3692 bridge system from sources other than revenues of the bridge
3693 system. With regard to the authority’s current long-term debt of
3694 $16.1 million due to the department as of June 30, 2011, and to
3695 the extent permitted by the bond resolutions and lease-purchase
3696 agreement securing the bonds, the turnpike enterprise shall make
3697 payment annually to the State Transportation Trust Fund for the
3698 purpose of repaying the authority’s long-term debt due to the
3699 department from any bridge system revenues obtained under this
3700 section which remain after the payment of the costs of
3701 operations, maintenance, renewal, and replacement of the bridge
3702 system, the payment of current debt service, and other payments
3703 required in relation to the bonds. The turnpike enterprise shall
3704 make such annual payments, not to exceed $1 million per year, to
3705 the State Transportation Trust Fund until all remaining
3706 authority long-term debt due to the department has been repaid.
3707 (3) Any remaining toll revenue from the facilities of the
3708 Mid-Bay Bridge Authority collected by the Florida Turnpike
3709 Enterprise after meeting the requirements of subsections (1) and
3710 (2) shall be used for the construction, maintenance, or
3711 improvement of any toll facility of the Florida Turnpike
3712 Enterprise within the county or counties in which the revenue
3713 was collected.
3714 Section 67. Paragraph (c) of subsection (4) of section
3715 348.0003, Florida Statutes, is amended to read:
3716 348.0003 Expressway authority; formation; membership.—
3717 (4)
3718 (c) Members of each expressway authority, transportation
3719 authority, bridge authority, or toll authority, created pursuant
3720 to this chapter or, chapter 343, or chapter 349 or any other
3721 general legislative enactment, must shall comply with the
3722 applicable financial disclosure requirements of s. 8, Art. II of
3723 the State Constitution. This paragraph does not subject any
3724 statutorily created authority, other than an expressway
3725 authority created under this part, to any other requirement of
3726 this part except the requirement of this paragraph.
3727 Section 68. Paragraph (j) of subsection (2) of section
3728 348.0004, Florida Statutes, is amended to read:
3729 348.0004 Purposes and powers.—
3730 (2) Each authority may exercise all powers necessary,
3731 appurtenant, convenient, or incidental to the carrying out of
3732 its purposes, including, but not limited to, the following
3733 rights and powers:
3734 (j) To pledge, hypothecate, or otherwise encumber all or
3735 any part of the revenues, tolls, rates, fees, rentals, or other
3736 charges or receipts of the authority, including all or any
3737 portion of county gasoline tax funds received by the authority
3738 pursuant to the terms of any lease-purchase agreement between
3739 the authority and the department, as security for all or any of
3740 the obligations of the authority.
3741 Section 69. Subsection (1) of section 348.0005, Florida
3742 Statutes, is amended, and subsection (3) is added to that
3743 section, to read:
3744 348.0005 Bonds.—
3745 (1) Bonds may be issued on behalf of an authority as
3746 provided by the State Bond Act. Bonds may not be issued under
3747 this section unless the resolution authorizing the bonds and
3748 pledging the revenues of a facility requires that the revenues
3749 of the facility be deposited into appropriate accounts in such
3750 sums as are sufficient to pay the costs of operation and
3751 maintenance of any facility for the current fiscal year as set
3752 forth in the annual budget of the authority before any revenues
3753 of the facility are applied to the payment of interest or
3754 principal owing or that may become owing on such bonds.
3755 (3) The provisions of subsection (2) do not apply to any
3756 authority formed on or after July 1, 2012.
3757 Section 70. Section 348.0013, Florida Statutes, is created
3758 to read:
3759 348.0013 Department to construct, operate, and maintain
3760 facilities.—
3761 (1) Notwithstanding any other provision of law, this
3762 section applies to an authority formed on or after July 1, 2012.
3763 (2) The department is the agent of each authority for the
3764 purpose of performing all phases of a project, including, but
3765 not limited to, constructing improvements and extensions to an
3766 expressway system and for the completion of the construction.
3767 The division and the authority shall provide to the department
3768 complete copies of the documents, agreements, resolutions,
3769 contracts, and instruments relating to the construction and
3770 shall request that the department perform the construction work,
3771 including the planning, surveying, design, and actual
3772 construction of the completion, extensions, and improvements to
3773 the expressway system. After the issuance of bonds to finance
3774 the construction of an expressway system or improvements to an
3775 expressway system, the division shall transfer to the credit of
3776 an account of the department in the State Treasury the necessary
3777 funds for construction. The department shall proceed with
3778 construction and use the funds for the purpose authorized and as
3779 otherwise provided by law for the construction of roads and
3780 bridges. The authority may alternatively, with the consent and
3781 approval of the department, elect to appoint a local agency
3782 certified by the department to administer federal aid projects
3783 in accordance with federal law as its agent for the purpose of
3784 performing all phases of a project.
3785 (3) An authority that desires to construct an expressway
3786 shall identify the expressway project in a work plan and submit
3787 the work plan along with its budget. The work plan must include
3788 a finance plan that demonstrates the financial feasibility of
3789 the expressway project, including the authority’s ability to
3790 reimburse the department for all costs of operation and
3791 maintenance of the project from the revenues of the authority’s
3792 expressway system. The department shall operate and maintain the
3793 expressway system, and the costs incurred by the department for
3794 operation and maintenance must be reimbursed from revenues of
3795 the expressway system. Each expressway system constructed under
3796 the provisions of this section is a part of the State Highway
3797 System as defined in s. 334.03.
3798 (4) An authority subject to this section may fix, alter,
3799 charge, establish, and collect tolls, rates, fees, rentals, and
3800 other charges for the authority’s facilities, as otherwise
3801 provided in this part.
3802 Section 71. Subsection (4) of section 348.52, Florida
3803 Statutes, is amended to read:
3804 348.52 Tampa-Hillsborough County Expressway Authority.—
3805 (4) The authority may employ an executive a secretary, an
3806 and executive director, its own counsel and legal staff, and
3807 such legal, financial, and other professional consultants,
3808 technical experts, engineers, and employees, permanent or
3809 temporary, as it may require and may determine the
3810 qualifications and fix the compensation of such persons, firms,
3811 or corporations. The authority may contract with the Division of
3812 Bond Finance of the State Board of Administration for any
3813 financial services authorized herein.
3814 Section 72. Subsection (5) of section 348.54, Florida
3815 Statutes, is amended to read:
3816 348.54 Powers of the authority.—Except as otherwise limited
3817 herein, the authority shall have the power:
3818 (5) To enter into and make lease-purchase agreements as
3819 provided in s. 348.60 for terms not exceeding 40 years, or until
3820 all bonds secured by a pledge thereunder, and all refundings
3821 thereof, are fully paid as to both principal and interest,
3822 whichever is longer. The authority is a party to a lease
3823 purchase agreement between the department and the authority
3824 dated November 18, 1997, as supplemented by a supplemental
3825 lease-purchase agreement dated February 7, 2002, and a second
3826 supplemental lease-purchase agreement dated June 23, 2005. The
3827 authority may not enter into other lease-purchase agreements
3828 with the department and may not amend the existing agreement in
3829 a manner that expands or increases the department’s obligations,
3830 unless the department determines that the agreement or amendment
3831 is necessary to permit the refunding of bonds issued before July
3832 1, 2012. The department’s obligations under the lease-purchase
3833 agreement, as supplemented, terminate upon the earlier of:
3834 (a) The defeasance, redemption, or payment in full of the
3835 authority’s bonds issued and outstanding as of July 1, 2012;
3836 (b) The date to which the purchasers of the authority bonds
3837 have consented; or
3838 (c) The date on which termination of the department’s
3839 obligations will occur under the terms of the memorandum of
3840 agreement dated October 26, 2010, between the department and the
3841 authority.
3842 Section 73. Section 348.545, Florida Statutes, is amended
3843 to read:
3844 348.545 Facility improvement; bond financing authority.
3845 Pursuant to s. 11(f), Art. VII of the State Constitution, the
3846 Legislature hereby approves for bond financing by the Tampa
3847 Hillsborough County Expressway Authority improvements to toll
3848 collection facilities, interchanges to the legislatively
3849 approved expressway system, and any other facility appurtenant,
3850 necessary, or incidental to the approved system. Subject to
3851 terms and conditions of applicable revenue bond resolutions and
3852 covenants, such costs may be financed in whole or in part by
3853 revenue bonds issued pursuant to s. 348.56 348.56(1)(a) or (b),
3854 whether currently issued or issued in the future, or by a
3855 combination of such bonds.
3856 Section 74. Subsections (9), (10), (11), and (12) are added
3857 to section 348.56, Florida Statutes, to read:
3858 348.56 Bonds of the authority.—
3859 (9) Notwithstanding any other provision of law to the
3860 contrary, on and after July 1, 2012, the authority may not,
3861 without the department’s consent, request the issuance of any
3862 bonds secured by a pledge of any revenues of the authority which
3863 is senior to, or on a parity with, the authority’s obligation to
3864 fully reimburse the department for the costs of operation,
3865 maintenance, repair, and rehabilitation of the expressway system
3866 paid by the department, except that the authority may request
3867 the issuance of bonds secured by a senior pledge for the purpose
3868 of refunding any authority bonds issued and outstanding as of
3869 July 1, 2012. Refunding bonds authorized by this subsection may
3870 not be issued if such bonds have a final maturity later than the
3871 final maturity of the bonds refunded or if the refunding bonds
3872 provide for higher debt service in any year than the debt
3873 service that is currently paid on such bonds.
3874 (10) Notwithstanding any other provision of law, on and
3875 after July 1, 2012, the authority may not request the issuance
3876 of any bonds, except bonds issued to refund bonds issued before
3877 July 1, 2012, which provide any rights against the department
3878 which may be enforced by the holders of such bonds or debt.
3879 Refunding bonds authorized by this subsection may not be issued
3880 if the bonds have a final maturity later than the final maturity
3881 of the bonds refunded or if the refunding bonds provide for
3882 higher debt service in any year than the debt service that is
3883 currently paid on such bonds. The obligations of the department
3884 under any lease-purchase agreement with the authority, including
3885 any obligation to pay any cost of operation, maintenance,
3886 repair, or rehabilitation of the expressway system, terminate
3887 upon the earlier of:
3888 (a) The defeasance or payment of all authority bonds issued
3889 before July 1, 2012, and authority bonds issued to refund such
3890 bonds;
3891 (b) The earlier date to which the purchasers of the
3892 authority bonds have consented; or
3893 (c) The date on which termination of the department’s
3894 obligations will occur under the terms of the memorandum of
3895 agreement dated October 26, 2010, between the department and the
3896 authority.
3897 (11) Beginning July 1, 2012, except for bonds issued to
3898 refund bonds issued before that date, bonds may not be issued
3899 under this section unless the resolution authorizing the bonds
3900 and pledging the revenues of the expressway system requires that
3901 the revenues of the expressway system be deposited into
3902 appropriate accounts in such sums as are sufficient to pay the
3903 costs of operation and maintenance of the expressway system for
3904 the current fiscal year as set forth in the annual budget of the
3905 authority before any revenues of the expressway system are
3906 applied to the payment of interest or principal owing or that
3907 may become owing on such bonds.
3908 (12) The provisions of paragraph (1)(b) do not apply in any
3909 fiscal year in which the department’s obligations under the
3910 lease-purchase agreement between the department and authority
3911 have not been terminated as provided in s. 348.60 or in which
3912 the authority has not fully reimbursed the department for the
3913 amounts expended, advanced, or paid to the authority in prior
3914 fiscal years for the costs of operation, maintenance, repair,
3915 and rehabilitation of the expressway system. During any such
3916 fiscal year, bonds may be issued only on behalf of the authority
3917 pursuant to the State Bond Act.
3918 Section 75. Section 348.565, Florida Statutes, is amended
3919 to read:
3920 348.565 Revenue bonds for specified projects.—The existing
3921 facilities that constitute the Tampa-Hillsborough County
3922 Expressway System may are hereby approved to be refinanced by
3923 revenue bonds issued by the Division of Bond Finance of the
3924 State Board of Administration pursuant to s. 11(d) 11(f), Art.
3925 VII of the State Constitution and s. 348.56 the State Bond Act
3926 or by revenue bonds issued by the authority pursuant to s.
3927 348.56(1)(b). In addition, the following projects of the Tampa
3928 Hillsborough County Expressway Authority may are approved to be
3929 financed or refinanced by the issuance of revenue bonds in
3930 accordance with this part and s. 11(f), Art. VII of the State
3931 Constitution:
3932 (1) Brandon area feeder roads.
3933 (2) Capital improvements to the expressway system,
3934 including safety and operational improvements and toll
3935 collection equipment.
3936 (3) Lee Roy Selmon Crosstown Expressway System widening.
3937 (4) The connector highway linking the Lee Roy Selmon
3938 Crosstown Expressway to Interstate 4.
3939 Section 76. Subsection (1) of section 348.57, Florida
3940 Statutes, is amended to read:
3941 348.57 Refunding bonds.—
3942 (1) Subject to public notice as provided in s. 348.54, the
3943 authority may request or is authorized to provide by resolution
3944 for the issuance from time to time of bonds pursuant to s.
3945 348.56(1)(b) for the purpose of refunding any bonds then
3946 outstanding regardless of whether the bonds being refunded were
3947 issued by the authority pursuant to this chapter or on behalf of
3948 the authority pursuant to the State Bond Act. The authority may
3949 further request or is further authorized to provide by
3950 resolution for the issuance of bonds pursuant to s. 348.56 for
3951 the combined purpose of:
3952 (a) Paying the cost of constructing, reconstructing,
3953 improving, extending, repairing, maintaining, and operating the
3954 expressway system.
3955 (b) Refunding bonds then outstanding. The authorization,
3956 sale, and issuance of such obligations, the maturities and other
3957 details of the refunding bonds thereof, the rights and remedies
3958 of the holders of the refunding bonds thereof, and the rights,
3959 powers, privileges, duties, and obligations of the authority
3960 with respect to the refunding bonds same are shall be governed
3961 by the foregoing provisions of this part insofar as the same may
3962 be applicable.
3963 Section 77. Subsections (7) and (8) are added to section
3964 348.60, Florida Statutes, to read:
3965 348.60 Lease-purchase agreements.—
3966 (7) The authority is a party to a lease-purchase agreement
3967 between the department and the authority dated November 18,
3968 1997, as supplemented by a supplemental lease-purchase agreement
3969 dated February 7, 2002, and a second supplemental lease-purchase
3970 agreement dated June 23, 2005. The authority may not enter into
3971 any other lease-purchase agreement, or amend the lease-purchase
3972 agreement, unless the department determines that such an
3973 agreement or amendment is necessary to permit the refunding of
3974 bonds issued before July 1, 2012.
3975 (8) Upon the earlier of the defeasance or payment of the
3976 authority bonds issued before July 1, 2012, and any bonds issued
3977 to refund the bonds, or the earlier date to which the purchasers
3978 of the authority bonds have consented:
3979 (a) The obligations of the department under the lease
3980 purchase agreement with the authority, including any obligation
3981 to pay any cost of operation, maintenance, repair, or
3982 rehabilitation of the expressway system, terminates;
3983 (b) The lease-purchase agreement terminates;
3984 (c) The expressway system remains the property of the
3985 authority and may not be transferred to the department;
3986 (d) The authority remains obligated to reimburse the
3987 department for the amounts paid by the department from a source
3988 other than revenues of the expressway system for any cost of
3989 operation, maintenance, repair, or rehabilitation of the
3990 expressway system; and
3991 (e) The department collects tolls for the use of the system
3992 as the agent of the authority as provided in this part.
3993 Section 78. Section 348.615, Florida Statutes, is created
3994 to read:
3995 348.615 Department to collect tolls.—
3996 (1) The department is the agent of the authority for the
3997 purpose of collecting tolls for the use of the authority’s
3998 expressway system. The department must be reimbursed for the
3999 costs of collecting such charges from the revenues of the
4000 expressway system. The department may modify its rules regarding
4001 toll collection procedures and the imposition of administrative
4002 charges applicable to the authority’s toll facilities. This
4003 section does not limit the authority of the department under any
4004 other provision of law or under any agreement entered into
4005 before July 1, 2012.
4006 (2) The authority may fix, alter, charge, and establish,
4007 tolls, rates, fees, rentals, and other charges for the
4008 authority’s facilities, as otherwise provided in this part.
4009 Section 79. Paragraph (a) of subsection (4) of section
4010 348.753, Florida Statutes, is amended to read:
4011 348.753 Orlando-Orange County Expressway Authority.—
4012 (4)(a) The authority may employ an executive secretary, an
4013 executive director, its own counsel and legal staff, technical
4014 experts, such engineers, and such employees, permanent or
4015 temporary, as it may require and may determine the
4016 qualifications and fix the compensation of such persons, firms,
4017 or corporations and may employ a fiscal agent or agents,
4018 provided, however, that the authority shall solicit sealed
4019 proposals from at least three persons, firms, or corporations
4020 for the performance of any services as fiscal agents. The
4021 authority may contract with the Division of Bond Finance of the
4022 State Board of Administration for any financial services
4023 authorized in this section. The authority may delegate to one or
4024 more of its agents or employees such of its power as it deems
4025 shall deem necessary to carry out the purposes of this part,
4026 subject always to the supervision and control of the authority.
4027 Members of the authority may be removed from their office by the
4028 Governor for misconduct, malfeasance, misfeasance, or
4029 nonfeasance in office.
4030 Section 80. Paragraph (e) of subsection (2) of section
4031 348.754, Florida Statutes, is amended to read:
4032 348.754 Purposes and powers.—
4033 (2) The authority is hereby granted, and shall have and may
4034 exercise all powers necessary, appurtenant, convenient or
4035 incidental to the carrying out of the aforesaid purposes,
4036 including, but without being limited to, the following rights
4037 and powers:
4038 (e) To enter into and make lease-purchase agreements with
4039 the department for terms not exceeding 40 years, or until any
4040 bonds secured by a pledge of rentals thereunder, and any
4041 refundings thereof, are fully paid as to both principal and
4042 interest, whichever is longer. The authority is a party to a
4043 lease-purchase agreement between the department and the
4044 authority dated December 23, 1985, as supplemented by a first
4045 supplement to the lease-purchase agreement dated November 25,
4046 1986, and a second supplement to the lease-purchase agreement
4047 dated October 27, 1988. The authority may not enter into other
4048 lease-purchase agreements with the department and may not amend
4049 the existing agreement in a manner that expands or increases the
4050 department’s obligations, unless the department determines that
4051 the agreement or amendment is necessary to permit the refunding
4052 of bonds issued before July 1, 2012.
4053 Section 81. Section 348.7543, Florida Statutes, is amended
4054 to read:
4055 348.7543 Improvements, bond financing authority for.
4056 Pursuant to s. 11(f), Art. VII of the State Constitution, the
4057 Legislature hereby approves for bond financing by the Orlando
4058 Orange County Expressway Authority improvements to toll
4059 collection facilities, interchanges to the legislatively
4060 approved expressway system, and any other facility appurtenant,
4061 necessary, or incidental to the approved system. Subject to
4062 terms and conditions of applicable revenue bond resolutions and
4063 covenants, such costs may be financed in whole or in part by
4064 revenue bonds issued pursuant to s. 348.755 348.755(1)(a) or (b)
4065 whether currently issued or issued in the future, or by a
4066 combination of such bonds.
4067 Section 82. Section 348.7545, Florida Statutes, is amended
4068 to read:
4069 348.7545 Western Beltway Part C, construction authorized;
4070 financing.—Notwithstanding s. 338.2275, the Orlando-Orange
4071 County Expressway Authority is authorized to exercise its
4072 condemnation powers, construct, finance, operate, own, and
4073 maintain that portion of the Western Beltway known as the
4074 Western Beltway Part C, extending from Florida’s Turnpike near
4075 Ocoee in Orange County southerly through Orange and Osceola
4076 Counties to an interchange with I-4 near the Osceola-Polk County
4077 line, as part of the authority’s 20-year capital projects plan.
4078 This project may be financed with any funds available to the
4079 authority for such purpose or revenue bonds issued by the
4080 Division of Bond Finance of the State Board of Administration on
4081 behalf of the authority pursuant to s. 11, Art. VII of the State
4082 Constitution and the State Bond Act, ss. 215.57-215.83. This
4083 project may be refinanced with bonds issued by the authority
4084 pursuant to s. 348.755(1)(d).
4085 Section 83. Section 348.7547, Florida Statutes, is amended
4086 to read:
4087 348.7547 Maitland Boulevard Extension and Northwest Beltway
4088 Part A Realignment construction authorized; financing.
4089 Notwithstanding s. 338.2275, the Orlando-Orange County
4090 Expressway Authority is hereby authorized to exercise its
4091 condemnation powers, construct, finance, operate, own, and
4092 maintain the portion of State Road 414 known as the Maitland
4093 Boulevard Extension and the realigned portion of the Northwest
4094 Beltway Part A as part of the authority’s long-range capital
4095 improvement plan. The Maitland Boulevard Extension will extend
4096 from the current terminus of State Road 414 at U.S. 441 west to
4097 State Road 429 in west Orange County. The realigned portion of
4098 the Northwest Beltway Part A will run from the point at or near
4099 where the Maitland Boulevard Extension will connect with State
4100 Road 429 and will proceed to the west and then north resulting
4101 in the northern terminus of State Road 429 moving farther west
4102 before reconnecting with U.S. 441. However, under no
4103 circumstances shall the realignment of the Northwest Beltway
4104 Part A conflict or contradict with the alignment of the Wekiva
4105 Parkway as defined in s. 348.7546. This project may be financed
4106 with any funds available to the authority for such purpose or
4107 revenue bonds issued by or on behalf of the authority under s.
4108 11, Art. VII of the State Constitution and s. 348.755(1)(b).
4109 Section 84. Subsections (6), (7), (8), and (9) are added to
4110 section 348.755, Florida Statutes, to read:
4111 348.755 Bonds of the authority.—
4112 (6) Notwithstanding any other provision of law to the
4113 contrary, on and after July 1, 2012, the authority may not
4114 request the issuance of any bonds, except bonds issued to refund
4115 bonds issued before July 1, 2012, which provide any rights
4116 against the department which may be enforced by the holders of
4117 such bonds or debt. Refunding bonds may not be issued if the
4118 bonds have a final maturity later than the final maturity of the
4119 bonds refunded or if the refunding bonds provide for higher debt
4120 service in any year than the debt service that is currently paid
4121 on such bonds. Upon the earlier of the defeasance or payment of
4122 all authority bonds issued before July 1, 2012, or the
4123 defeasance or payment of the authority bonds issued to refund
4124 such bonds, or such earlier date to which the purchasers of the
4125 authority bonds have consented, the obligations of the
4126 department under any lease-purchase agreement with the
4127 authority, including any obligation to pay any cost of
4128 operation, maintenance, repair, or rehabilitation of the
4129 Orlando-Orange County Expressway System, terminate.
4130 (7) Notwithstanding any other provision of law to the
4131 contrary, on and after July 1, 2012, the authority may not,
4132 without the department’s consent, request the issuance of any
4133 bonds secured by a pledge of any revenues of the authority which
4134 is senior to, or on a parity with, the authority’s obligation to
4135 fully reimburse the department for the costs of operation,
4136 maintenance, repair, and rehabilitation of the Orlando-Orange
4137 County Expressway System paid by the department, except that the
4138 authority may request the issuance of bonds secured by a senior
4139 pledge for the purpose of refunding authority bonds issued and
4140 outstanding as of July 1, 2012. Refunding bonds authorized by
4141 this subsection may not be issued if the bonds have a final
4142 maturity later than the final maturity of the bonds refunded or
4143 if the refunding bonds provide for higher debt service in any
4144 year than the debt service that is currently paid on the bonds.
4145 (8) Beginning July 1, 2012, the authority may not issue
4146 bonds, except bonds issued to refund bonds issued before such
4147 date, unless the resolution authorizing the bonds and pledging
4148 the revenues of the Orlando-Orange County Expressway System
4149 requires that the revenues of the expressway system be deposited
4150 into appropriate accounts in such sums as are sufficient to pay
4151 the costs of operation and maintenance of the Orlando-Orange
4152 County Expressway System for the current fiscal year as set
4153 forth in the annual budget of the authority before any revenues
4154 of the Orlando-Orange County Expressway System are applied to
4155 the payment of interest or principal owing or that may become
4156 owing on such bonds.
4157 (9) The provisions of paragraphs (1)(b) and (d) do not
4158 apply in any fiscal year in which the department’s obligations
4159 under the lease-purchase agreement between the department and
4160 authority have not been terminated as provided in s. 348.757 or
4161 in which the authority has not fully reimbursed the department
4162 for all amounts expended, advanced, or paid to the authority in
4163 prior fiscal years for the costs of operation, maintenance,
4164 repair, and rehabilitation of the expressway system. During any
4165 such fiscal year, bonds may only be issued on behalf of the
4166 authority pursuant to the State Bond Act.
4167 Section 85. Subsections (8) and (9) are added to section
4168 348.757, Florida Statutes, to read:
4169 348.757 Lease-purchase agreement.—
4170 (8) The only lease-purchase agreement authorized by this
4171 section is the lease-purchase agreement between the department
4172 and the authority dated December 23, 1985, as supplemented by a
4173 first supplement to the lease-purchase agreement dated November
4174 25, 1986, and a second supplement to the lease-purchase
4175 agreement dated October 27, 1988. The authority may not enter
4176 into any other lease-purchase agreements with the department and
4177 may not amend the existing agreement in a manner that expands
4178 the scope of the department’s obligations, unless the department
4179 determines the agreement or amendment is necessary to permit the
4180 refunding of bonds issued before July 1, 2012.
4181 (9) The department’s obligations under the lease-purchase
4182 agreement between the department and the authority dated
4183 December 23, 1985, as supplemented by a first supplement to the
4184 lease-purchase agreement dated November 25, 1986, and a second
4185 supplement to the lease-purchase agreement dated October 27,
4186 1988, terminate upon the earlier of the defeasance, redemption,
4187 or payment in full of the authority’s bonds issued and
4188 outstanding as of July 1, 2012, or bonds to refund such bonds,
4189 or such earlier date to which the purchasers of the authority
4190 bonds have consented.
4191 Section 86. Section 348.7585, Florida Statutes, is created
4192 to read:
4193 348.7585 Department to collect tolls.—
4194 (1) The department is the agent of the authority for the
4195 purpose of collecting tolls for the use of the authority’s
4196 expressway system. The department shall be reimbursed from the
4197 revenues of the expressway system for the costs of collecting
4198 the tolls. The department may modify its rules regarding toll
4199 collection procedures and the imposition of administrative
4200 charges to be applicable to the authority’s toll facilities.
4201 This section does not limit the authority of the department
4202 under any other provision of law or under any agreement entered
4203 into prior to July 1, 2012.
4204 (2) The authority may fix, alter, charge, and establish
4205 tolls, rates, fees, rentals, and other charges for the
4206 authority’s facilities, as otherwise provided in this section.
4207 Section 87. Paragraph (a) of subsection (4) of section
4208 348.9952, Florida Statutes, is amended to read:
4209 348.9952 Osceola County Expressway Authority.—
4210 (4)(a) The authority may employ an executive secretary, an
4211 executive director, its own counsel and legal staff, technical
4212 experts, engineers, and other employees, permanent or temporary,
4213 as it may require, and may determine the qualifications and fix
4214 the compensation of such persons, firms, or corporations.
4215 Additionally, the authority may employ a fiscal agent or agents.
4216 However, the authority shall solicit sealed proposals from at
4217 least three persons, firms, or corporations for the performance
4218 of any services as fiscal agents. The authority may delegate to
4219 one or more of its agents or employees such of its power as it
4220 deems necessary to carry out the purposes of this part, subject
4221 always to the supervision and control of the authority.
4222 Section 88. Section 348.9956, Florida Statutes, is
4223 repealed.
4224 Section 89. Section 348.99565, Florida Statutes, is created
4225 to read:
4226 348.99565 Department to construct, operate, and maintain
4227 facilities.—
4228 (1) The department is the agent of the authority for the
4229 purpose of performing all phases of a project, including, but
4230 not limited to, constructing improvements and extensions to the
4231 expressway system. The division and the authority shall provide
4232 to the department complete copies of all documents, agreements,
4233 resolutions, contracts, and instruments relating to the project
4234 and shall request that the department perform the construction
4235 work, including the planning, surveying, design, and actual
4236 construction of the completion, extensions, and improvements to
4237 the expressway system. After the issuance of bonds to finance
4238 construction of any improvements or additions to the expressway
4239 system, the division shall transfer to the credit of an account
4240 of the department in the State Treasury the necessary funds for
4241 construction. The department shall proceed with construction and
4242 use the funds for the purpose authorized and as provided by law
4243 for the construction of roads and bridges. The authority may
4244 alternatively, with the consent and approval of the department,
4245 elect to appoint a local agency certified by the department to
4246 administer federal aid projects in accordance with federal law
4247 as its agent for the purpose of performing all phases of a
4248 project.
4249 (2) If the authority desires to construct improvements or
4250 extensions to the expressway system, it shall identify the
4251 expressway improvement project in a work plan and submit the
4252 work plan with its budget. The work plan must include a finance
4253 plan that demonstrates the financial feasibility of the
4254 expressway project, including the authority’s ability to
4255 reimburse the department for all costs of operation and
4256 maintenance of the improvements or extensions from the revenues
4257 of the expressway system. The department shall operate and
4258 maintain the expressway system, and the costs incurred by the
4259 department for operation and maintenance shall be reimbursed
4260 from revenues of the expressway system. The expressway system
4261 shall be part of the State Highway System as defined in s.
4262 334.03.
4263 (3) The authority may fix, alter, charge, establish, and
4264 collect tolls, rates, fees, rentals, and other charges for the
4265 authority’s facilities, as otherwise provided in this part.
4266 Section 90. The Florida Transportation Commission shall
4267 conduct a study of the potential for cost savings that might be
4268 realized through increased efficiencies through sharing of
4269 resources for the accomplishment of design, construction, and
4270 maintenance activities by or on behalf of expressway authorities
4271 in the state. The commission may retain such experts as are
4272 reasonably necessary to complete the study, and the department
4273 shall pay the expenses of such experts. The commission shall
4274 complete the study and provide a written report of its findings
4275 and conclusions to the Governor, the President of the Senate,
4276 the Speaker of the House of Representatives, and the chairs of
4277 each of the appropriations committees by December 31, 2012.
4278 Section 91. Subsection (3) of section 349.03, Florida
4279 Statutes, is amended to read:
4280 349.03 Jacksonville Transportation Authority.—
4281 (3) The terms of appointed members shall be for 4 years and
4282 deemed to have commenced on June 1 of the year in which they are
4283 appointed. Each member shall hold office until a successor has
4284 been appointed and has qualified. A vacancy during a term shall
4285 be filled by the respective appointing authority only for the
4286 balance of the unexpired term. Any member appointed to the
4287 authority for two consecutive full terms may shall not be
4288 appointed eligible for appointment to the next succeeding term.
4289 One of the members so appointed shall be designated annually by
4290 the members as chair of the authority, one member shall be
4291 designated annually as the vice chair of the authority, one
4292 member shall be designated annually as the secretary of the
4293 authority, and one member shall be designated annually as the
4294 treasurer of the authority. The members of the authority are
4295 shall not be entitled to compensation, but shall be reimbursed
4296 for travel expenses or other expenses actually incurred in their
4297 duties as provided by law. Four voting members of the authority
4298 shall constitute a quorum, and no resolution adopted by the
4299 authority is shall become effective without unless with the
4300 affirmative vote of at least four members. Members of the
4301 authority shall file a statement of financial interest with the
4302 Commission on Ethics as provided in s. 112.3145(2)(b) as their
4303 mandatory financial disclosure.
4304 (a) The authority shall employ an executive director, and
4305 the executive director may hire such staff, permanent or
4306 temporary, as he or she may determine and may organize the staff
4307 of the authority into such departments and units as he or she
4308 may determine. The executive director may appoint department
4309 directors, deputy directors, division chiefs, and staff
4310 assistants to the executive director, as he or she may
4311 determine. In so appointing the executive director, the
4312 authority may fix the compensation of such appointee, who shall
4313 serve at the pleasure of the authority. All employees of the
4314 authority shall be exempt from the provisions of part II of
4315 chapter 110.
4316 (b) The authority may employ such financial advisers and
4317 consultants, technical experts, engineers, and agents and
4318 employees, permanent or temporary, as it may require and may fix
4319 the compensation and qualifications of such persons, firms, or
4320 corporations. The authority may delegate to one or more of its
4321 agents or employees such of its powers as it deems shall deem
4322 necessary to carry out the purposes of this chapter, subject
4323 always to the supervision and control of the governing body of
4324 the authority.
4325 (c) All employees of the authority are exempt from part II
4326 of chapter 110.
4327 Section 92. Present subsections (5), (6), and (7) of
4328 section 349.04, Florida Statutes, are redesignated as
4329 subsections (6), (7), and (8), respectively, and a new
4330 subsection (5) is added to that section, to read:
4331 349.04 Purposes and powers.—
4332 (5) The authority may conduct public meetings and workshops
4333 by means of communications media technology as provided under s.
4334 120.54(5).
4335 Section 93. Subsection (6) is added to section 373.413,
4336 Florida Statutes, to read:
4337 373.413 Permits for construction or alteration.—
4338 (6) It is the intent of the Legislature that the governing
4339 board or the department exercise flexibility when permitting the
4340 construction or alteration of stormwater management systems
4341 serving state transportation projects and facilities. Because of
4342 the unique limitations of linear facilities, the governing board
4343 or department shall balance the expenditure of public funds for
4344 stormwater treatment for state transportation projects and
4345 facilities with the public benefit of providing the most cost
4346 efficient and effective method of achieving treatment
4347 objectives. The governing board or department shall therefore
4348 allow alternatives to on-site treatment, including, but not
4349 limited to, regional stormwater treatment systems. The
4350 Department of Transportation is responsible for treating
4351 stormwater generated from state transportation projects, but is
4352 not responsible for the abatement of pollutants and flows
4353 entering its stormwater management systems from offsite sources.
4354 However, this subsection does not prohibit the Department of
4355 Transportation from receiving and managing such pollutants and
4356 flows if cost-effective and prudent. The Department of
4357 Transportation is also responsible for providing stormwater
4358 treatment and attenuation for a right-of-way acquired for a
4359 state transportation project, but is not responsible for
4360 modifying permits for adjacent lands affected by right-of-way
4361 acquisition if it is not the permittee. The governing board or
4362 department may establish specific criteria by rule to implement
4363 these management and treatment alternatives and activities.
4364 Section 94. Subsections (1) and (2), paragraph (c) of
4365 subsection (3), subsections (4) and (5) of section 373.4137,
4366 Florida Statutes, are amended to read:
4367 373.4137 Mitigation requirements for specified
4368 transportation projects.—
4369 (1) The Legislature finds that environmental mitigation for
4370 the impact of transportation projects proposed by the Department
4371 of Transportation or a transportation authority established
4372 pursuant to chapter 348 or chapter 349 can be more effectively
4373 achieved by regional, long-range mitigation planning rather than
4374 on a project-by-project basis. It is therefore the intent of the
4375 Legislature that mitigation, including the use of mitigation
4376 banks and other mitigation options that satisfy state and
4377 federal requirements, to offset the adverse effects of these
4378 transportation projects be funded by the Department of
4379 Transportation and be carried out by the water management
4380 districts, including the use of mitigation banks established
4381 pursuant to this part.
4382 (2) Environmental impact inventories for transportation
4383 projects proposed by the Department of Transportation or a
4384 transportation authority established pursuant to chapter 348 or
4385 chapter 349 shall be developed as follows:
4386 (a) By July 1 of each year, the Department of
4387 Transportation, or a transportation authority established
4388 pursuant to chapter 348 or chapter 349 which chooses to
4389 participate in the program, shall submit to the water management
4390 districts a list copy of its projects for the adopted work
4391 program and an environmental impact inventory of habitats
4392 addressed in the rules adopted pursuant to this part and s. 404
4393 of the Clean Water Act, 33 U.S.C. s. 1344, which may be impacted
4394 by its plan of construction for transportation projects in the
4395 next 3 years of the tentative work program. The Department of
4396 Transportation or the a transportation authority established
4397 pursuant to chapter 348 or chapter 349 may also include in its
4398 environmental impact inventory the habitat impacts of any future
4399 transportation project. The Department of Transportation and the
4400 each transportation authority established pursuant to chapter
4401 348 or chapter 349 may fund any mitigation activities for future
4402 projects using current year funds.
4403 (b) The environmental impact inventory must shall include a
4404 description of these habitat impacts, including their location,
4405 acreage, and type; state water quality classification of
4406 impacted wetlands and other surface waters; any other state or
4407 regional designations for these habitats; and a list survey of
4408 threatened species, endangered species, and species of special
4409 concern affected by the proposed project.
4410 (3)
4411 (c) Except for current mitigation projects in the
4412 monitoring and maintenance phase and except as allowed by
4413 paragraph (d), the water management districts may request a
4414 transfer of funds from an escrow account no sooner than 30 days
4415 before prior to the date the funds are needed to pay for
4416 activities associated with development or implementation of the
4417 approved mitigation plan described in subsection (4) for the
4418 current fiscal year, including, but not limited to, design,
4419 engineering, production, and staff support. Actual conceptual
4420 plan preparation costs incurred before plan approval may be
4421 submitted to the Department of Transportation or the appropriate
4422 transportation authority each year with the plan. The conceptual
4423 plan preparation costs of each water management district shall
4424 will be paid from mitigation funds associated with the
4425 environmental impact inventory for the current year. The amount
4426 transferred to the escrow accounts each year by the Department
4427 of Transportation and participating transportation authorities
4428 established pursuant to chapter 348 or chapter 349 must shall
4429 correspond to a cost per acre of $75,000 multiplied by the
4430 projected acres of impact identified in the environmental impact
4431 inventory described in subsection (2). However, the $75,000 cost
4432 per acre does not constitute an admission against interest by
4433 the state or its subdivisions nor is the cost admissible as
4434 evidence of full compensation for any property acquired by
4435 eminent domain or through inverse condemnation. Each July 1, the
4436 cost per acre shall be adjusted by the percentage change in the
4437 average of the Consumer Price Index issued by the United States
4438 Department of Labor for the most recent 12-month period ending
4439 September 30, compared to the base year average, which is the
4440 average for the 12-month period ending September 30, 1996. Each
4441 quarter, the projected acreage of impact shall be reconciled
4442 with the acreage of impact of projects as permitted, including
4443 permit modifications, pursuant to this part and s. 404 of the
4444 Clean Water Act, 33 U.S.C. s. 1344. The subject year’s transfer
4445 of funds shall be adjusted accordingly to reflect the acreage of
4446 impacts as permitted. The Department of Transportation and
4447 participating transportation authorities established pursuant to
4448 chapter 348 or chapter 349 may are authorized to transfer such
4449 funds from the escrow accounts to the water management districts
4450 to carry out the mitigation programs. Environmental mitigation
4451 funds that are identified for or maintained in an escrow account
4452 for the benefit of a water management district may be released
4453 if the associated transportation project is excluded, in whole
4454 or in part, from the mitigation plan. For a mitigation project
4455 that is in the maintenance and monitoring phase, the water
4456 management district may request and receive a one-time payment
4457 based on the project’s expected future maintenance and
4458 monitoring costs. Upon disbursement of the final maintenance and
4459 monitoring payment, the obligation of the Department of
4460 Transportation or the participating transportation authority is
4461 satisfied, the escrow account for the project established by the
4462 Department of Transportation or the participating transportation
4463 authority may be closed, and the water management district
4464 assumes continuing responsibility for the mitigation project.
4465 Any interest earned on these disbursed funds remains shall
4466 remain with the water management district and must be used as
4467 authorized under this section.
4468 (4) Before Prior to March 1 of each year, each water
4469 management district, in consultation with the Department of
4470 Environmental Protection, the United States Army Corps of
4471 Engineers, the Department of Transportation, participating
4472 transportation authorities established under pursuant to chapter
4473 348 or chapter 349, and other appropriate federal, state, and
4474 local governments, and other interested parties, including
4475 entities operating mitigation banks, shall develop a plan for
4476 the primary purpose of complying with the mitigation
4477 requirements adopted pursuant to this part and 33 U.S.C. s.
4478 1344. In developing such plans, the districts shall use utilize
4479 sound ecosystem management practices to address significant
4480 water resource needs and shall focus on activities of the
4481 Department of Environmental Protection and the water management
4482 districts, such as surface water improvement and management
4483 (SWIM) projects and lands identified for potential acquisition
4484 for preservation, restoration or enhancement, and the control of
4485 invasive and exotic plants in wetlands and other surface waters,
4486 to the extent that such activities comply with the mitigation
4487 requirements adopted under this part and 33 U.S.C. s. 1344. In
4488 determining the activities to be included in such plans, the
4489 districts shall also consider the purchase of credits from
4490 public or private mitigation banks permitted under s. 373.4136
4491 and associated federal authorization and shall include such
4492 purchase as a part of the mitigation plan if when such purchase
4493 offsets would offset the impact of the transportation project,
4494 provide equal benefits to the water resources than other
4495 mitigation options being considered, and provide the most cost
4496 effective mitigation option. The mitigation plan shall be
4497 submitted to the water management district governing board, or
4498 its designee, for review and approval. At least 14 days before
4499 prior to approval, the water management district shall provide a
4500 copy of the draft mitigation plan to any person who requests has
4501 requested a copy.
4502 (a) For each transportation project with a funding request
4503 for the next fiscal year, the mitigation plan must include a
4504 brief explanation of why a mitigation bank was or was not chosen
4505 as a mitigation option, including an estimation of identifiable
4506 costs of the mitigation bank and nonbank options to the extent
4507 practicable.
4508 (b) Specific projects may be excluded from the mitigation
4509 plan, in whole or in part, and are shall not be subject to this
4510 section upon the election agreement of the Department of
4511 Transportation, or a transportation authority if applicable, or
4512 and the appropriate water management district that the inclusion
4513 of such projects would hamper the efficiency or timeliness of
4514 the mitigation planning and permitting process. The water
4515 management district may choose to exclude a project in whole or
4516 in part if the district is unable to identify mitigation that
4517 would offset impacts of the project.
4518 (5) The water management district must ensure shall be
4519 responsible for ensuring that mitigation requirements under
4520 pursuant to 33 U.S.C. s. 1344 are met for the impacts identified
4521 in the environmental impact inventory described in subsection
4522 (2), by implementation of the approved plan described in
4523 subsection (4) to the extent funding is provided by the
4524 Department of Transportation, or a transportation authority
4525 established pursuant to chapter 348 or chapter 349, if
4526 applicable. During the federal permitting process, the water
4527 management district may deviate from the approved mitigation
4528 plan in order to comply with federal permitting requirements.
4529 Section 95. Paragraph (a) of subsection (2) of section
4530 403.7211, Florida Statutes, is amended to read:
4531 403.7211 Hazardous waste facilities managing hazardous
4532 wastes generated offsite; federal facilities managing hazardous
4533 waste.—
4534 (2) The department shall not issue any permit under s.
4535 403.722 for the construction, initial operation, or substantial
4536 modification of a facility for the disposal, storage, or
4537 treatment of hazardous waste generated offsite which is proposed
4538 to be located in any of the following locations:
4539 (a) Any area where life-threatening concentrations of
4540 hazardous substances could accumulate at a any residence or
4541 residential subdivision as the result of a catastrophic event at
4542 the proposed facility, unless each such residence or residential
4543 subdivision is served by at least one arterial road or urban
4544 minor arterial road, as defined in s. 334.03, using procedures
4545 developed by the Federal Highway Administration, which provides
4546 safe and direct egress by land to an area where such life
4547 threatening concentrations of hazardous substances could not
4548 accumulate in a catastrophic event. Egress by any road leading
4549 from any residence or residential subdivision to any point
4550 located within 1,000 yards of the proposed facility is unsafe
4551 for the purposes of this paragraph. In determining whether
4552 egress proposed by the applicant is safe and direct, the
4553 department shall also consider, at a minimum, the following
4554 factors:
4555 1. Natural barriers such as water bodies, and whether a any
4556 road in the proposed evacuation route is impaired by a natural
4557 barrier such as a water body;
4558 2. Potential exposure during egress and potential increases
4559 in the duration of exposure;
4560 3. Whether any road in a proposed evacuation route passes
4561 in close proximity to the facility; and
4562 4. Whether any portion of the evacuation route is
4563 inherently directed toward the facility.
4564
4565 For the purposes of this subsection, all distances shall be
4566 measured from the outer limit of the active hazardous waste
4567 management area. “Substantial modification” includes: any
4568 physical change in, change in the operations of, or addition to
4569 a facility which could increase the potential offsite impact, or
4570 risk of impact, from a release at that facility; and any change
4571 in permit conditions which is reasonably expected to lead to
4572 greater potential impacts or risks of impacts, from a release at
4573 that facility. “Substantial modification” does not include a
4574 change in operations, structures, or permit conditions which
4575 does not substantially increase either the potential impact
4576 from, or the risk of, a release. Physical or operational changes
4577 to a facility related solely to the management of nonhazardous
4578 waste at the facility shall not be considered a substantial
4579 modification. The department shall, by rule, adopt criteria to
4580 determine whether a facility has been substantially modified.
4581 “Initial operation” means the initial commencement of operations
4582 at the facility.
4583 Section 96. Section 479.28, Florida Statutes, is repealed.
4584 Section 97. Road marking materials.—
4585 (1) A county, municipality, local governing authority, or
4586 other political subdivision of this state may not cause or allow
4587 markings to be placed on a street, roadway, or highway under its
4588 jurisdiction which are made with paint that has been mixed, in
4589 whole or in part, with reflective glass beads that contain 75
4590 parts per million or more of inorganic arsenic as determined
4591 using EPA Method 6010B in conjunction with EPA Method 3052 for
4592 sample preparation.
4593 (2) A person may not manufacture, sell, offer for sale, or
4594 offer for promotional purposes in this state reflective glass
4595 beads that are used to reflect light when applied to markings on
4596 a street, roadway, or highway in this state if the glass beads
4597 contain 75 parts per million or more of inorganic arsenic as
4598 determined by using EPA Method 6010B in conjunction with EPA
4599 Method 3052 for sample preparation.
4600 (3) A person who violates this section is subject to a
4601 civil penalty of at least $500 but not more than $1,000 for each
4602 violation. If the violation is of a continuing nature, each day
4603 of continuing violation is a separate offense.
4604 Section 98. The Department of Transportation may seek
4605 Federal Highway Administration approval of a tourist-oriented
4606 commerce sign pilot program for small businesses, as defined in
4607 s. 288.703, Florida Statutes, in a rural area of critical
4608 economic concern as defined by s. 288.0656(2)(d) and (e),
4609 Florida Statutes. Upon federal approval, the department shall
4610 submit the pilot program for legislative approval in the next
4611 regular legislative session.
4612 Section 99. It is the intent of the Legislature to
4613 encourage and facilitate a review by the Pinellas Suncoast
4614 Transit Authority (PSTA) and the Hillsborough Area Regional
4615 Transit Authority (HART) in order to achieve improvements in
4616 regional transit connectivity and implementation of operational
4617 efficiencies and service enhancements that are consistent with
4618 the regional approach to transit identified in the Tampa Bay
4619 Area Regional Transportation Authority’s (TBARTA’s) Regional
4620 Transportation Master Plan. The Legislature finds that such
4621 improvements and efficiencies can best be achieved through a
4622 joint review, evaluation, and recommendations by PSTA and HART.
4623 (1) The governing bodies or a designated subcommittee of
4624 both the PSTA and HART shall hold a joint meeting within 30 days
4625 after July 1, 2012, and as often as deemed necessary thereafter,
4626 in order to consider and identify opportunities for greater
4627 efficiency and service improvements, including specific methods
4628 for increasing service connectivity between the jurisdictions of
4629 each agency. The elements to be reviewed must also include:
4630 (a) Governance structure, including governing board
4631 membership, terms, responsibilities, officers, powers, duties,
4632 and responsibilities;
4633 (b) Funding options and implementation;
4634 (c) Facilities ownership and management;
4635 (d) Current financial obligations and resources; and
4636 (e) Actions to be taken that are consistent with TBARTA’s
4637 master plan.
4638 (2) PSTA and HART shall jointly submit a report to the
4639 Speaker of the House of Representatives and the President of the
4640 Senate on the elements described in this section by February 1,
4641 2013. The report must include proposed legislation to implement
4642 each recommendation and specific recommendations concerning the
4643 reorganization of each agency, the organizational merger of both
4644 agencies, or the consolidation of functions within and between
4645 each agency.
4646 (3) TBARTA shall assist and facilitate PSTA and HART in
4647 carrying out the purposes of this section. TBARTA shall provide
4648 technical assistance and information regarding its master plan,
4649 make recommendations for achieving consistency and improved
4650 regional connectivity, and provide support to PSTA and HART in
4651 the preparation of their joint report and recommendations to the
4652 Legislature. For this purpose, PSTA and HART shall reimburse
4653 TBARTA for necessary and reasonable expense in a total amount
4654 not to exceed $100,000.
4655 Section 100. Any governmental unit that is authorized to
4656 regulate the operation of public vehicles for hire and other
4657 for-hire transportation within its geographic boundaries may
4658 request and receive criminal history record information for the
4659 purpose of screening applicants for licenses and for-hire
4660 vehicle driver licenses and pay a fee for any such record. Such
4661 record information may include a national criminal history
4662 records check with the Federal Bureau of Investigation. The
4663 fingerprints may be submitted by the governmental unit to the
4664 Department of Law Enforcement for state processing, and the
4665 department shall forward such fingerprints to the Federal Bureau
4666 of Investigation for a national criminal history records check.
4667 All costs associated with transmittal and processing shall be
4668 borne by the governmental unit, the employer, or the person who
4669 is the subject of the background check. The department shall
4670 submit an invoice to the governmental unit for the fingerprints
4671 submitted each month. The governmental unit shall screen
4672 background results to determine if an applicant meets its
4673 licensure requirements.
4674 Section 101. This act shall take effect July 1, 2012.