Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (730310) for CS for SB 1132
       
       
       
       
       
       
                                Barcode 396632                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 814 and 815
    4  insert:
    5         Section 10. Subsection (6) is added to section 335.0415,
    6  Florida Statutes, to read:
    7         335.0415 Public road jurisdiction and transfer process.—
    8         (6) Notwithstanding the provisions of subsections (1)–(5)
    9  or any other provision of law to the contrary, it is the intent
   10  of the Legislature that, as a pilot program, the City of Miami
   11  be provided and assume certain responsibilities for the
   12  maintenance of State Road 5/Brickell Avenue/Biscayne Boulevard
   13  within defined limits in the City of Miami.
   14         (a) The department shall enter into an interlocal agreement
   15  with the City of Miami which must provide that the City of Miami
   16  be responsible for street cleaning, landscaping, and maintenance
   17  of the right-of-way of State Road 5/Brickell Avenue/Biscayne
   18  Boulevard, from its intersection with Interstate 95 to its
   19  intersection with Northeast 15th Street, excluding the Brickell
   20  Bridge and its approaches, for a 5-year period. The interlocal
   21  agreement must:
   22         1. Contain performance measures to ensure that the facility
   23  and landscaping are maintained in accordance with applicable
   24  department standards.
   25         2. Require the city to meet or exceed the performance
   26  measures as a condition of payment by the department for the
   27  work performed by the city.
   28         3. Indemnify and hold the department harmless from any
   29  liability arising out of the city’s exercise of, or failure to
   30  exercise, the transferred responsibilities.
   31         (b) During the final year of the 5-year pilot program, the
   32  Florida Transportation Commission shall conduct a study to
   33  evaluate the effectiveness and benefits of the pilot program.
   34  The commission may retain such experts as are reasonably
   35  necessary to complete the study, and the department shall pay
   36  the expenses of such experts. The commission shall complete the
   37  study within 60 days after the end of the 5-year pilot program
   38  and shall provide a written report of its findings and
   39  conclusions to the Governor, the President of the Senate, the
   40  Speaker of the House of Representatives, and the chairs of each
   41  of the appropriations committees of the Legislature.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Delete line 40
   46  and insert:
   47         law or regulation; amending s. 335.0415, F.S.;
   48         creating a pilot program in the City of Miami to
   49         transfer department responsibilities for public road
   50         maintenance to the city; requiring the department to
   51         enter into an interlocal agreement with the City of
   52         Miami; specifying requirements of the interlocal
   53         agreement; requiring the Florida Transportation
   54         Commission to conduct a study at the conclusion of the
   55         pilot program and provide the study to the Governor
   56         and the Legislature; requiring the department to pay
   57         the expenses of the study’s experts; amending s.
   58         335.06, F.S.; revising