Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS/CS/HB 7127, 2nd Eng.
Barcode 814240
LEGISLATIVE ACTION
Senate . House
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Floor: 2/AD/3R .
05/03/2013 03:35 PM .
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Senator Brandes moved the following:
1 Senate Substitute for Amendment (740626) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (m) of subsection (3) of section
7 11.45, Florida Statutes, is repealed.
8 Section 2. Paragraph (b) of subsection (2) and subsection
9 (3) of section 20.23, Florida Statutes, are amended, and present
10 subsections (4) through (7) of that subsection are renumbered as
11 subsections (3) through (6), to read:
12 20.23 Department of Transportation.—There is created a
13 Department of Transportation which shall be a decentralized
14 agency.
15 (2)
16 (b) The commission shall have the primary functions to:
17 1. Recommend major transportation policies for the
18 Governor’s approval, and assure that approved policies and any
19 revisions thereto are properly executed.
20 2. Periodically review the status of the state
21 transportation system including highway, transit, rail, seaport,
22 intermodal development, and aviation components of the system
23 and recommend improvements therein to the Governor and the
24 Legislature.
25 3. Perform an in-depth evaluation of the annual department
26 budget request, the Florida Transportation Plan, and the
27 tentative work program for compliance with all applicable laws
28 and established departmental policies. Except as specifically
29 provided in s. 339.135(4)(c)2., (d), and (f), the commission may
30 not consider individual construction projects, but shall
31 consider methods of accomplishing the goals of the department in
32 the most effective, efficient, and businesslike manner.
33 4. Monitor the financial status of the department on a
34 regular basis to assure that the department is managing revenue
35 and bond proceeds responsibly and in accordance with law and
36 established policy.
37 5. Monitor on at least a quarterly basis, the efficiency,
38 productivity, and management of the department, using
39 performance and production standards developed by the commission
40 pursuant to s. 334.045.
41 6. Perform an in-depth evaluation of the factors causing
42 disruption of project schedules in the adopted work program and
43 recommend to the Legislature and the Governor methods to
44 eliminate or reduce the disruptive effects of these factors.
45 7. Recommend to the Governor and the Legislature
46 improvements to the department’s organization in order to
47 streamline and optimize the efficiency of the department. In
48 reviewing the department’s organization, the commission shall
49 determine if the current district organizational structure is
50 responsive to Florida’s changing economic and demographic
51 development patterns. The initial report by the commission must
52 be delivered to the Governor and Legislature by December 15,
53 2000, and each year thereafter, as appropriate. The commission
54 may retain such experts that as are reasonably necessary to
55 effectuate this subparagraph, and the department shall pay the
56 expenses of the such experts.
57 8. Monitor the efficiency, productivity, and management of
58 the authorities created under chapters 348 and 349, including
59 any authority formed using the provisions of part I of chapter
60 348, and any authority formed under chapter 343 which is not
61 monitored under subsection (3). The commission shall also
62 conduct periodic reviews of each authority’s operations and
63 budget, acquisition of property, management of revenue and bond
64 proceeds, and compliance with applicable laws and generally
65 accepted accounting principles.
66 (3) There is created the Florida Statewide Passenger Rail
67 Commission.
68 (a)1. The commission shall consist of nine voting members
69 appointed as follows:
70 a. Three members shall be appointed by the Governor, one of
71 whom must have a background in the area of environmental
72 concerns, one of whom must have a legislative background, and
73 one of whom must have a general business background.
74 b. Three members shall be appointed by the President of the
75 Senate, one of whom must have a background in civil engineering,
76 one of whom must have a background in transportation
77 construction, and one of whom must have a general business
78 background.
79 c. Three members shall be appointed by the Speaker of the
80 House of Representatives, one of whom must have a legal
81 background, one of whom must have a background in financial
82 matters, and one of whom must have a general business
83 background.
84 2. The initial term of each member appointed by the
85 Governor shall be for 4 years. The initial term of each member
86 appointed by the President of the Senate shall be for 3 years.
87 The initial term of each member appointed by the Speaker of the
88 House of Representatives shall be for 2 years. Succeeding terms
89 for all members shall be for 4 years.
90 3. A vacancy occurring during a term shall be filled by the
91 respective appointing authority in the same manner as the
92 original appointment and only for the balance of the unexpired
93 term. An appointment to fill a vacancy shall be made within 60
94 days after the occurrence of the vacancy.
95 4. The commission shall elect one of its members as chair
96 of the commission. The chair shall hold office at the will of
97 the commission. Five members of the commission shall constitute
98 a quorum, and the vote of five members shall be necessary for
99 any action taken by the commission. The commission may meet upon
100 the constitution of a quorum. A vacancy in the commission does
101 not impair the right of a quorum to exercise all rights and
102 perform all duties of the commission.
103 5. The members of the commission are not entitled to
104 compensation but are entitled to reimbursement for travel and
105 other necessary expenses as provided in s. 112.061.
106 (b) The commission shall have the primary functions of:
107 1. Monitoring the efficiency, productivity, and management
108 of all publicly funded passenger rail systems in the state,
109 including, but not limited to, any authority created under
110 chapter 343, chapter 349, or chapter 163 if the authority
111 receives public funds for the provision of passenger rail
112 service. The commission shall advise each monitored authority of
113 its findings and recommendations. The commission shall also
114 conduct periodic reviews of each monitored authority’s passenger
115 rail and associated transit operations and budget, acquisition
116 of property, management of revenue and bond proceeds, and
117 compliance with applicable laws and generally accepted
118 accounting principles. The commission may seek the assistance of
119 the Auditor General in conducting such reviews and shall report
120 the findings of such reviews to the Legislature. This paragraph
121 does not preclude the Florida Transportation Commission from
122 conducting its performance and work program monitoring
123 responsibilities.
124 2. Advising the department on policies and strategies used
125 in planning, designing, building, operating, financing, and
126 maintaining a coordinated statewide system of passenger rail
127 services.
128 3. Evaluating passenger rail policies and providing advice
129 and recommendations to the Legislature on passenger rail
130 operations in the state.
131 (c) The commission or a member of the commission may not
132 enter into the day-to-day operation of the department or a
133 monitored authority and is specifically prohibited from taking
134 part in:
135 1. The awarding of contracts.
136 2. The selection of a consultant or contractor or the
137 prequalification of any individual consultant or contractor.
138 However, the commission may recommend to the secretary standards
139 and policies governing the procedure for selection and
140 prequalification of consultants and contractors.
141 3. The selection of a route for a specific project.
142 4. The specific location of a transportation facility.
143 5. The acquisition of rights-of-way.
144 6. The employment, promotion, demotion, suspension,
145 transfer, or discharge of any department personnel.
146 7. The granting, denial, suspension, or revocation of any
147 license or permit issued by the department.
148 (d) The commission is assigned to the Office of the
149 Secretary of the Department of Transportation for administrative
150 and fiscal accountability purposes, but it shall otherwise
151 function independently of the control and direction of the
152 department except that reasonable expenses of the commission
153 shall be subject to approval by the Secretary of Transportation.
154 The department shall provide administrative support and service
155 to the commission.
156 Section 3. Paragraphs (j) and (m) of subsection (2) of
157 section 110.205, Florida Statutes, are amended to read:
158 110.205 Career service; exemptions.—
159 (2) EXEMPT POSITIONS.—The exempt positions that are not
160 covered by this part include the following:
161 (j) The appointed secretaries and the State Surgeon
162 General, assistant secretaries, deputy secretaries, and deputy
163 assistant secretaries of all departments; the executive
164 directors, assistant executive directors, deputy executive
165 directors, and deputy assistant executive directors of all
166 departments; the directors of all divisions and those positions
167 determined by the department to have managerial responsibilities
168 comparable to such positions, which positions include, but are
169 not limited to, program directors, assistant program directors,
170 district administrators, deputy district administrators, the
171 Director of Central Operations Services of the Department of
172 Children and Family Services, the State Transportation
173 Development Administrator, State Freight and Logistics Public
174 Transportation and Modal Administrator, district secretaries,
175 district directors of transportation development, transportation
176 operations, transportation support, and the managers of the
177 offices specified in s. 20.23(3)(b) 20.23(4)(b), of the
178 Department of Transportation. Unless otherwise fixed by law, the
179 department shall set the salary and benefits of these positions
180 in accordance with the rules of the Senior Management Service;
181 and the county health department directors and county health
182 department administrators of the Department of Health.
183 (m) All assistant division director, deputy division
184 director, and bureau chief positions in any department, and
185 those positions determined by the department to have managerial
186 responsibilities comparable to such positions, which include,
187 but are not limited to:
188 1. Positions in the Department of Health and the Department
189 of Children and Family Services that are assigned primary duties
190 of serving as the superintendent or assistant superintendent of
191 an institution.
192 2. Positions in the Department of Corrections that are
193 assigned primary duties of serving as the warden, assistant
194 warden, colonel, or major of an institution or that are assigned
195 primary duties of serving as the circuit administrator or deputy
196 circuit administrator.
197 3. Positions in the Department of Transportation that are
198 assigned primary duties of serving as regional toll managers and
199 managers of offices, as defined in s. 20.23(3)(b) and (4)(c)
200 20.23(4)(b) and (5)(c).
201 4. Positions in the Department of Environmental Protection
202 that are assigned the duty of an Environmental Administrator or
203 program administrator.
204 5. Positions in the Department of Health that are assigned
205 the duties of Environmental Administrator, Assistant County
206 Health Department Director, and County Health Department
207 Financial Administrator.
208
209 Unless otherwise fixed by law, the department shall set the
210 salary and benefits of the positions listed in this paragraph in
211 accordance with the rules established for the Selected Exempt
212 Service.
213 Section 4. Subsection (5) of section 125.42, Florida
214 Statutes, is amended to read:
215 125.42 Water, sewage, gas, power, telephone, other utility,
216 and television lines along county roads and highways.—
217 (5) In the event of widening, repair, or reconstruction of
218 any such road, the licensee shall move or remove such water,
219 sewage, gas, power, telephone, and other utility lines and
220 television lines at no cost to the county should they be found
221 by the county to be unreasonably interfering, except as provided
222 in s. 337.403(1)(d)-(i)337.403(1)(e).
223 Section 5. Paragraph (b) of subsection (1) of section
224 125.35, Florida Statutes, is amended to read:
225 125.35 County authorized to sell real and personal property
226 and to lease real property.—
227 (1)
228 (b) Notwithstanding the provisions of paragraph (a), under
229 terms and conditions negotiated by the board, the board of
230 county commissioners may is expressly authorized to:
231 1. Negotiate the lease of an airport or seaport facility;
232 2. Modify or extend an existing lease of real property for
233 an additional term not to exceed 25 years, where the improved
234 value of the lease has an appraised value in excess of $20
235 million; or
236 3. Lease a professional sports franchise facility financed
237 by revenues received pursuant to s. 125.0104 or s. 212.20 which
238 may include a commercial development that is ancillary to the
239 sports facility if the ancillary development property is part of
240 or contiguous to the professional sports franchise facility. The
241 board’s authority to lease the above described ancillary
242 commercial development in conjunction with a professional sports
243 franchise facility lease applies only if at the time the board
244 leases the ancillary commercial development, the professional
245 sports franchise facility lease has been in effect for at least
246 10 years and such lease has at least an additional 10 years
247 remaining in the lease term;
248
249 under such terms and conditions as negotiated by the board.
250 Section 6. Paragraph (a) of subsection (3) of section
251 316.515, Florida Statutes, is amended to read:
252 316.515 Maximum width, height, length.—
253 (3) LENGTH LIMITATION.—Except as otherwise provided in this
254 section, length limitations apply solely to a semitrailer or
255 trailer, and not to a truck tractor or to the overall length of
256 a combination of vehicles. No combination of commercial motor
257 vehicles coupled together and operating on the public roads may
258 consist of more than one truck tractor and two trailing units.
259 Unless otherwise specifically provided for in this section, a
260 combination of vehicles not qualifying as commercial motor
261 vehicles may consist of no more than two units coupled together;
262 such nonqualifying combination of vehicles may not exceed a
263 total length of 65 feet, inclusive of the load carried thereon,
264 but exclusive of safety and energy conservation devices approved
265 by the department for use on vehicles using public roads.
266 Notwithstanding any other provision of this section, a truck
267 tractor-semitrailer combination engaged in the transportation of
268 automobiles or boats may transport motor vehicles or boats on
269 part of the power unit; and, except as may otherwise be mandated
270 under federal law, an automobile or boat transporter semitrailer
271 may not exceed 50 feet in length, exclusive of the load;
272 however, the load may extend up to an additional 6 feet beyond
273 the rear of the trailer. The 50-feet length limitation does not
274 apply to non-stinger-steered automobile or boat transporters
275 that are 65 feet or less in overall length, exclusive of the
276 load carried thereon, or to stinger-steered automobile or boat
277 transporters that are 75 feet or less in overall length,
278 exclusive of the load carried thereon. For purposes of this
279 subsection, a “stinger-steered automobile or boat transporter”
280 is an automobile or boat transporter configured as a semitrailer
281 combination wherein the fifth wheel is located on a drop frame
282 located behind and below the rearmost axle of the power unit.
283 Notwithstanding paragraphs (a) and (b), any straight truck or
284 truck tractor-semitrailer combination engaged in the
285 transportation of horticultural trees may allow the load to
286 extend up to an additional 10 feet beyond the rear of the
287 vehicle, provided said trees are resting against a retaining bar
288 mounted above the truck bed so that the root balls of the trees
289 rest on the floor and to the front of the truck bed and the tops
290 of the trees extend up over and to the rear of the truck bed,
291 and provided the overhanging portion of the load is covered with
292 protective fabric.
293 (a) Straight trucks.—A straight truck may not exceed a
294 length of 40 feet in extreme overall dimension, exclusive of
295 safety and energy conservation devices approved by the
296 department for use on vehicles using public roads. A straight
297 truck may attach a forklift to the rear of the cargo bed,
298 provided the overall combined length of the vehicle and the
299 forklift does not exceed 50 feet. A straight truck may tow no
300 more than one trailer, and the overall length of the truck
301 trailer combination may not exceed 68 feet, including the load
302 thereon. Notwithstanding any other provisions of this section, a
303 truck-trailer combination engaged in the transportation of
304 boats, or boat trailers whose design dictates a front-to-rear
305 stacking method may not exceed the length limitations of this
306 paragraph exclusive of the load; however, the load may extend up
307 to an additional 6 feet beyond the rear of the trailer.
308 Section 7. Subsection (3) of section 316.530, Florida
309 Statutes, is repealed.
310 Section 8. Subsection (3) of section 316.545, Florida
311 Statutes, is amended to read:
312 316.545 Weight and load unlawful; special fuel and motor
313 fuel tax enforcement; inspection; penalty; review.—
314 (3) Any person who violates the overloading provisions of
315 this chapter shall be conclusively presumed to have damaged the
316 highways of this state by reason of such overloading, which
317 damage is hereby fixed as follows:
318 (a) If When the excess weight is 200 pounds or less than
319 the maximum herein provided by this chapter, the penalty is
320 shall be $10;
321 (b) Five cents per pound for each pound of weight in excess
322 of the maximum herein provided in this chapter if when the
323 excess weight exceeds 200 pounds. However, if whenever the gross
324 weight of the vehicle or combination of vehicles does not exceed
325 the maximum allowable gross weight, the maximum fine for the
326 first 600 pounds of unlawful axle weight is shall be $10;
327 (c) For a vehicle equipped with fully functional idle
328 reduction technology, any penalty shall be calculated by
329 reducing the actual gross vehicle weight or the internal bridge
330 weight by the certified weight of the idle-reduction technology
331 or by 550 400 pounds, whichever is less. The vehicle operator
332 must present written certification of the weight of the idle
333 reduction technology and must demonstrate or certify that the
334 idle-reduction technology is fully functional at all times. This
335 calculation is not allowed for vehicles described in s.
336 316.535(6);
337 (d) An apportioned motor vehicle, as defined in s. 320.01,
338 operating on the highways of this state without being properly
339 licensed and registered shall be subject to the penalties as
340 herein provided in this section; and
341 (e) Vehicles operating on the highways of this state from
342 nonmember International Registration Plan jurisdictions which
343 are not in compliance with the provisions of s. 316.605 shall be
344 subject to the penalties as herein provided in this section.
345 Section 9. Section 331.360, Florida Statutes, is reordered
346 and amended to read:
347 331.360 Joint participation agreement or assistance;
348 Spaceport system master plan.—
349 (2)(1) It shall be the duty, function, and responsibility
350 of The department shall of Transportation to promote the further
351 development and improvement of aerospace transportation
352 facilities; to address intermodal requirements and impacts of
353 the launch ranges, spaceports, and other space transportation
354 facilities; to assist in the development of joint-use facilities
355 and technology that support aviation and aerospace operations;
356 to coordinate and cooperate in the development of spaceport
357 infrastructure and related transportation facilities contained
358 in the Strategic Intermodal System Plan; to encourage, where
359 appropriate, the cooperation and integration of airports and
360 spaceports in order to meet transportation-related needs; and to
361 facilitate and promote cooperative efforts between federal and
362 state government entities to improve space transportation
363 capacity and efficiency. In carrying out this duty and
364 responsibility, the department may assist and advise, cooperate
365 with, and coordinate with federal, state, local, or private
366 organizations and individuals. The department may
367 administratively house its space transportation responsibilities
368 within an existing division or office.
369 (3)(2) Notwithstanding any other provision of law, the
370 department of Transportation may enter into an a joint
371 participation agreement with, or otherwise assist, Space Florida
372 as necessary to effectuate the provisions of this chapter and
373 may allocate funds for such purposes in its 5-year work program.
374 However, the department may not fund the administrative or
375 operational costs of Space Florida.
376 (1)(3) Space Florida shall develop a spaceport system
377 master plan that identifies statewide spaceport goals and the
378 need for expansion and modernization of space transportation
379 facilities within spaceport territories as defined in s.
380 331.303. The plan must shall contain recommended projects that
381 to meet current and future commercial, national, and state space
382 transportation requirements. Space Florida shall submit the plan
383 to each any appropriate metropolitan planning organization for
384 review of intermodal impacts. Space Florida shall submit the
385 spaceport system master plan to the department of
386 Transportation, which may include those portions of the system
387 plan which are relevant to the Department of Transportation’s
388 mission and such plan may be included within the department’s 5
389 year work program of qualifying projects aerospace discretionary
390 capacity improvement under subsection (4). The plan must shall
391 identify appropriate funding levels for each project and include
392 recommendations on appropriate sources of revenue that may be
393 developed to contribute to the State Transportation Trust Fund.
394 (4)(a) Beginning in fiscal year 2013-2014, a minimum of $15
395 million annually is authorized to be made available from the
396 State Transportation Trust Fund to fund space transportation
397 projects. The funds for this initiative shall be from the funds
398 dedicated to public transportation projects pursuant to s.
399 206.46(3).
400 (b) Before executing an agreement, Space Florida must
401 provide project-specific information to the department in order
402 to demonstrate that the project includes transportation and
403 aerospace benefits. The project-specific information must
404 include, but need not be limited to:
405 1. The description, characteristics, and scope of the
406 project.
407 2. The funding sources for and costs of the project.
408 3. The financing considerations that emphasize federal,
409 local, and private participation.
410 4. A financial feasibility and risk analysis, including a
411 description of the efforts to protect the state’s investment and
412 to ensure that project goals are realized.
413 5. A demonstration that the project will encourage,
414 enhance, or create economic benefits for the state.
415 (c) The department may fund up to 50 percent of eligible
416 project costs. If the project meets the following criteria, the
417 department may fund up to 100 percent of eligible project costs.
418 The project must:
419 1. Provide important access and on-spaceport capacity
420 improvements;
421 2. Provide capital improvements to strategically position
422 the state to maximize opportunities in the aerospace industry or
423 foster growth and development of a sustainable and world-leading
424 aerospace industry in the state;
425 3. Meet state goals of an integrated intermodal
426 transportation system; and
427 4. Demonstrate the feasibility and availability of matching
428 funds through federal, local, or private partners Subject to the
429 availability of appropriated funds, the department may
430 participate in the capital cost of eligible spaceport
431 discretionary capacity improvement projects. The annual
432 legislative budget request shall be based on the proposed
433 funding requested for approved spaceport discretionary capacity
434 improvement projects.
435 Section 10. Subsection (11) is added to section 332.007,
436 Florida Statutes, to read:
437 332.007 Administration and financing of aviation and
438 airport programs and projects; state plan.—
439 (11) The department may fund strategic airport investment
440 projects at up to 100 percent of the project’s cost if all the
441 following criteria are met:
442 (a) Important access and on-airport capacity improvements
443 are provided.
444 (b) Capital improvements that strategically position the
445 state to maximize opportunities in international trade,
446 logistics, and the aviation industry are provided.
447 (c) Goals of an integrated intermodal transportation system
448 for the state are achieved.
449 (d) Feasibility and availability of matching funds through
450 federal, local, or private partners are demonstrated.
451 Section 11. Subsections (16), (26), and (33) of section
452 334.044, Florida Statutes, are amended to read:
453 334.044 Department; powers and duties.—The department shall
454 have the following general powers and duties:
455 (16) To plan, acquire, lease, construct, maintain, and
456 operate toll facilities; to authorize the issuance and refunding
457 of bonds; and to fix and collect tolls or other charges for
458 travel on any such facilities. Effective July 1, 2013, and
459 notwithstanding any other law to the contrary, the department
460 may not enter into a lease-purchase agreement with an expressway
461 authority, regional transportation authority, or other entity.
462 This provision does not invalidate a lease-purchase agreement
463 authorized under chapter 348 or chapter 2000-411, Laws of
464 Florida, and existing as of July 1, 2013, and does not limit the
465 department’s authority under s. 334.30.
466 (26) To provide for the enhancement of environmental
467 benefits, including air and water quality; to prevent roadside
468 erosion; to conserve the natural roadside growth and scenery;
469 and to provide for the implementation and maintenance of
470 roadside conservation, enhancement, and stabilization programs.
471 No less than 1.5 percent of the amount contracted for
472 construction projects shall be allocated by the department on a
473 statewide basis for the purchase of plant materials. Department
474 districts may not expend funds for landscaping in connection
475 with any project that is limited to resurfacing existing lanes
476 unless the expenditure has been approved by the department’s
477 secretary or the secretary’s designee. To the greatest extent
478 practical, a minimum of 50 percent of the funds allocated under
479 this subsection shall be allocated for large plant materials and
480 the remaining funds for other plant materials. Except as
481 prohibited by applicable federal law or regulation, all plant
482 materials shall be purchased from Florida commercial nursery
483 stock in this state on a uniform competitive bid basis. The
484 department shall develop grades and standards for landscaping
485 materials purchased through this process. To accomplish these
486 activities, the department may contract with nonprofit
487 organizations having the primary purpose of developing youth
488 employment opportunities.
489 (33) To develop, in coordination with its partners and
490 stakeholders, a Freight Mobility and Trade Plan to assist in
491 making freight mobility investments that contribute to the
492 economic growth of the state. Such plan should enhance the
493 integration and connectivity of the transportation system across
494 and between transportation modes throughout the state. The
495 department shall deliver the Freight Mobility and Trade Plan to
496 the Governor, the President of the Senate, and the Speaker of
497 the House of Representatives by December July 1, 2013.
498 (a) The Freight Mobility and Trade Plan shall include, but
499 need not be limited to, proposed policies and investments that
500 promote the following:
501 1. Increasing the flow of domestic and international trade
502 through the state’s seaports and airports, including specific
503 policies and investments that will recapture cargo currently
504 shipped through seaports and airports located outside the state.
505 2. Increasing the development of intermodal logistic
506 centers in the state, including specific strategies, policies,
507 and investments that capitalize on the empty backhaul trucking
508 and rail market in the state.
509 3. Increasing the development of manufacturing industries
510 in the state, including specific policies and investments in
511 transportation facilities that will promote the successful
512 development and expansion of manufacturing facilities.
513 4. Increasing the implementation of compressed natural gas
514 (CNG), liquefied natural gas (LNG), and propane energy policies
515 that reduce transportation costs for businesses and residents
516 located in the state.
517 5. The development of strategic plans or policies which
518 encourage the grouping of activities and infrastructure
519 associated with freight transportation and related services
520 within designated areas or zones around or contiguous to an
521 intermodal logistic center.
522 (b) Freight issues and needs shall also be given emphasis
523 in all appropriate transportation plans, including the Florida
524 Transportation Plan and the Strategic Intermodal System Plan.
525 Section 12. Section 335.06, Florida Statutes, is amended to
526 read:
527 335.06 Access roads to the state park system.—A Any road
528 that which provides access to property within the state park
529 system must shall be maintained by the department if the road is
530 a part of the State Highway System and may be improved and
531 maintained by the department if the road is part of a county
532 road system or city street system. If the department does not
533 maintain a county or city road that is a part of the county road
534 system or the city street system and that provides access to the
535 state park system, the road must or shall be maintained by the
536 appropriate county or municipality if the road is a part of the
537 county road system or the city street system.
538 Section 13. Subsection (13) of section 337.11, Florida
539 Statutes, is amended to read:
540 337.11 Contracting authority of department; bids; emergency
541 repairs, supplemental agreements, and change orders; combined
542 design and construction contracts; progress payments; records;
543 requirements of vehicle registration.—
544 (13) Each contract let by the department for the
545 performance of road or bridge construction or maintenance work
546 shall require contain a provision requiring the contractor to
547 provide proof to the department, in the form of a notarized
548 affidavit from the contractor, that all motor vehicles that the
549 contractor he or she operates or causes to be operated in this
550 state to be are registered in compliance with chapter 320.
551 Section 14. Subsection (1) of section 337.14, Florida
552 Statutes, is amended to read:
553 337.14 Application for qualification; certificate of
554 qualification; restrictions; request for hearing.—
555 (1) A Any person who desires desiring to bid for the
556 performance of any construction contract with a proposed budget
557 estimate in excess of $250,000 which the department proposes to
558 let must first be certified by the department as qualified
559 pursuant to this section and rules of the department. The rules
560 of the department must shall address the qualification of a
561 person persons to bid on construction contracts with a proposed
562 budget estimate that is in excess of $250,000 and must shall
563 include requirements with respect to the equipment, past record,
564 experience, financial resources, and organizational personnel of
565 the applicant necessary to perform the specific class of work
566 for which the person seeks certification. The department may
567 limit the dollar amount of any contract upon which a person is
568 qualified to bid or the aggregate total dollar volume of
569 contracts such person may is allowed to have under contract at
570 any one time. Each applicant who seeks seeking qualification to
571 bid on construction contracts with a proposed budget estimate in
572 excess of $250,000 must shall furnish the department a statement
573 under oath, on such forms as the department may prescribe,
574 setting forth detailed information as required on the
575 application. Each application for certification must shall be
576 accompanied by the latest annual financial statement of the
577 applicant completed within the last 12 months. If the
578 application or the annual financial statement shows the
579 financial condition of the applicant more than 4 months before
580 prior to the date on which the application is received by the
581 department, then an interim financial statement must be
582 submitted and be accompanied by an updated application. The
583 interim financial statement must cover the period from the end
584 date of the annual statement and must show the financial
585 condition of the applicant no more than 4 months before prior to
586 the date the interim financial statement is received by the
587 department. However, upon request by the applicant, an
588 application and accompanying annual or interim financial
589 statement received by the department within 15 days after either
590 4-month period provided pursuant to under this subsection must
591 shall be considered timely. Each required annual or interim
592 financial statement must be audited and accompanied by the
593 opinion of a certified public accountant. An applicant desiring
594 to bid exclusively for the performance of construction contracts
595 with proposed budget estimates of less than $1 million may
596 submit reviewed annual or reviewed interim financial statements
597 prepared by a certified public accountant. The information
598 required by this subsection is confidential and exempt from the
599 provisions of s. 119.07(1). The department shall act upon the
600 application for qualification within 30 days after the
601 department determines that the application is complete. The
602 department may waive the requirements of this subsection for
603 projects having a contract price of $500,000 or less if the
604 department determines that the project is of a noncritical
605 nature and the waiver will not endanger public health, safety,
606 or property.
607 Section 15. Subsection (2) of section 337.168, Florida
608 Statutes, is amended to read:
609 337.168 Confidentiality of official estimates, identities
610 of potential bidders, and bid analysis and monitoring system.—
611 (2) A document that reveals revealing the identity of a
612 person who has persons who have requested or obtained a bid
613 package, plan packages, plans, or specifications pertaining to
614 any project to be let by the department is confidential and
615 exempt from the provisions of s. 119.07(1) for the period that
616 which begins 2 working days before prior to the deadline for
617 obtaining bid packages, plans, or specifications and ends with
618 the letting of the bid. A document that reveals the identity of
619 a person who has requested or obtained a bid package, plan, or
620 specifications pertaining to any project to be let by the
621 department before the 2 working days before the deadline for
622 obtaining bid packages, plans, or specifications remains a
623 public record subject to the provisions of s. 119.07(1).
624 Section 16. Section 337.25, Florida Statutes, is amended to
625 read:
626 337.25 Acquisition, lease, and disposal of real and
627 personal property.—
628 (1)(a) The department may purchase, lease, exchange, or
629 otherwise acquire any land, property interests, or buildings or
630 other improvements, including personal property within such
631 buildings or on such lands, necessary to secure or utilize
632 transportation rights-of-way for existing, proposed, or
633 anticipated transportation facilities on the State Highway
634 System, on the State Park Road System, in a rail corridor, or in
635 a transportation corridor designated by the department. Such
636 property shall be held in the name of the state.
637 (b) The department may accept donations of any land or
638 buildings or other improvements, including personal property
639 within such buildings or on such lands with or without such
640 conditions, reservations, or reverter provisions as are
641 acceptable to the department. Such donations may be used as
642 transportation rights-of-way or to secure or utilize
643 transportation rights-of-way for existing, proposed, or
644 anticipated transportation facilities on the State Highway
645 System, on the State Park Road System, or in a transportation
646 corridor designated by the department.
647 (c) When lands, buildings, or other improvements are needed
648 for transportation purposes, but are held by a federal, state,
649 or local governmental entity and utilized for public purposes
650 other than transportation, the department may compensate the
651 entity for such properties by providing functionally equivalent
652 replacement facilities. The providing of replacement facilities
653 under this subsection may only be undertaken with the agreement
654 of the governmental entity affected.
655 (d) The department may contract pursuant to s. 287.055 for
656 auction services used in the conveyance of real or personal
657 property or the conveyance of leasehold interests under the
658 provisions of subsections (4) and (5). The contract may allow
659 for the contractor to retain a portion of the proceeds as
660 compensation for the contractor’s services.
661 (2) A complete inventory shall be made of all real or
662 personal property immediately upon possession or acquisition.
663 Such inventory shall include a statement of the location or site
664 of each piece of realty, structure, or severable item an
665 itemized listing of all appliances, fixtures, and other
666 severable items; a statement of the location or site of each
667 piece of realty, structure, or severable item; and the serial
668 number assigned to each. Copies of each inventory shall be filed
669 in the district office in which the property is located. Such
670 inventory shall be carried forward to show the final disposition
671 of each item of property, both real and personal.
672 (3) The inventory of real property which was acquired by
673 the state after December 31, 1988, which has been owned by the
674 state for 10 or more years, and which is not within a
675 transportation corridor or within the right-of-way of a
676 transportation facility shall be evaluated to determine the
677 necessity for retaining the property. If the property is not
678 needed for the construction, operation, and maintenance of a
679 transportation facility, or is not located within a
680 transportation corridor, the department may dispose of the
681 property pursuant to subsection (4).
682 (4) The department may convey sell, in the name of the
683 state, any land, building, or other property, real or personal,
684 which was acquired under the provisions of subsection (1) and
685 which the department has determined is not needed for the
686 construction, operation, and maintenance of a transportation
687 facility. With the exception of any parcel governed by paragraph
688 (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
689 (i), the department shall afford first right of refusal to the
690 local government in the jurisdiction of which the parcel is
691 situated. When such a determination has been made, property may
692 be disposed of through negotiations, sealed competitive bids,
693 auctions, or any other means the department deems to be in its
694 best interest, with due advertisement for property valued by the
695 department at greater than $10,000. A sale may not occur at a
696 price less than the department’s current estimate of value,
697 except as provided in paragraphs (a)-(d). The department may
698 afford a right of first refusal to the local government or other
699 political subdivision in the jurisdiction in which the parcel is
700 situated, except in conveyances transacted under paragraph (a),
701 paragraph (c), or paragraph (e). in the following manner:
702 (a) If the value of the property has been donated to the
703 state for transportation purposes and a facility has not been
704 constructed for a period of at least 5 years, plans have not
705 been prepared for the construction of such facility, and the
706 property is not located in a transportation corridor, the
707 governmental entity may authorize reconveyance of the donated
708 property for no consideration to the original donor or the
709 donor’s heirs, successors, assigns, or representatives is
710 $10,000 or less as determined by department estimate, the
711 department may negotiate the sale.
712 (b) If the value of the property is to be used for a public
713 purpose, the property may be conveyed without consideration to a
714 governmental entity exceeds $10,000 as determined by department
715 estimate, such property may be sold to the highest bidder
716 through receipt of sealed competitive bids, after due
717 advertisement, or by public auction held at the site of the
718 improvement which is being sold.
719 (c) If the property was originally acquired specifically to
720 provide replacement housing for persons displaced by
721 transportation projects, the department may negotiate for the
722 sale of such property as replacement housing. As compensation,
723 the state shall receive no less than its investment in such
724 property or the department’s current estimate of value,
725 whichever is lower. It is expressly intended that this benefit
726 be extended only to persons actually displaced by the project.
727 Dispositions to any other person must be for no less than the
728 department’s current estimate of value, in the discretion of the
729 department, public sale would be inequitable, properties may be
730 sold by negotiation to the owner holding title to the property
731 abutting the property to be sold, provided such sale is at a
732 negotiated price not less than fair market value as determined
733 by an independent appraisal, the cost of which shall be paid by
734 the owner of the abutting land. If negotiations do not result in
735 the sale of the property to the owner of the abutting land and
736 the property is sold to someone else, the cost of the
737 independent appraisal shall be borne by the purchaser; and the
738 owner of the abutting land shall have the cost of the appraisal
739 refunded to him or her. If, however, no purchase takes place,
740 the owner of the abutting land shall forfeit the sum paid by him
741 or her for the independent appraisal. If, due to action of the
742 department, the property is removed from eligibility for sale,
743 the cost of any appraisal prepared shall be refunded to the
744 owner of the abutting land.
745 (d) If the department determines that the property will
746 require significant costs to be incurred or that continued
747 ownership of the property exposes the department to significant
748 liability risks, the department may use the projected
749 maintenance costs over the next 10 years to offset the
750 property’s value in establishing a value for disposal of the
751 property, even if that value is zero property acquired for use
752 as a borrow pit is no longer needed, the department may sell
753 such property to the owner of the parcel of abutting land from
754 which the borrow pit was originally acquired, provided the sale
755 is at a negotiated price not less than fair market value as
756 determined by an independent appraisal, the cost of which shall
757 be paid by the owner of such abutting land.
758 (e) If, in the discretion of the department, a sale to
759 anyone other than an abutting property owner would be
760 inequitable, the property may be sold to the abutting owner for
761 the department’s current estimate of value. the department
762 begins the process for disposing of the property on its own
763 initiative, either by negotiation under the provisions of
764 paragraph (a), paragraph (c), paragraph (d), or paragraph (i),
765 or by receipt of sealed competitive bids or public auction under
766 the provisions of paragraph (b) or paragraph (i), a department
767 staff appraiser may determine the fair market value of the
768 property by an appraisal.
769 (f) Any property which was acquired by a county or by the
770 department using constitutional gas tax funds for the purpose of
771 a right-of-way or borrow pit for a road on the State Highway
772 System, State Park Road System, or county road system and which
773 is no longer used or needed by the department may be conveyed
774 without consideration to that county. The county may then sell
775 such surplus property upon receipt of competitive bids in the
776 same manner prescribed in this section.
777 (g) If a property has been donated to the state for
778 transportation purposes and the facility has not been
779 constructed for a period of at least 5 years and no plans have
780 been prepared for the construction of such facility and the
781 property is not located in a transportation corridor, the
782 governmental entity may authorize reconveyance of the donated
783 property for no consideration to the original donor or the
784 donor’s heirs, successors, assigns, or representatives.
785 (h) If property is to be used for a public purpose, the
786 property may be conveyed without consideration to a governmental
787 entity.
788 (i) If property was originally acquired specifically to
789 provide replacement housing for persons displaced by
790 transportation projects, the department may negotiate for the
791 sale of such property as replacement housing. As compensation,
792 the state shall receive no less than its investment in such
793 properties or fair market value, whichever is lower. It is
794 expressly intended that this benefit be extended only to those
795 persons actually displaced by such project. Dispositions to any
796 other persons must be for fair market value.
797 (j) If the department determines that the property will
798 require significant costs to be incurred or that continued
799 ownership of the property exposes the department to significant
800 liability risks, the department may use the projected
801 maintenance costs over the next 5 years to offset the market
802 value in establishing a value for disposal of the property, even
803 if that value is zero.
804 (5) The department may convey a leasehold interest for
805 commercial or other purposes, in the name of the state, to any
806 land, building, or other property, real or personal, which was
807 acquired under the provisions of subsection (1). However, a
808 lease may not be entered into at a price less than the
809 department’s current estimate of value.
810 (a) A lease may be through negotiations, sealed competitive
811 bids, auctions, or any other means the department deems to be in
812 its best interest The department may negotiate such a lease at
813 the prevailing market value with the owner from whom the
814 property was acquired; with the holders of leasehold estates
815 existing at the time of the department’s acquisition; or, if
816 public bidding would be inequitable, with the owner holding
817 title to privately owned abutting property, if reasonable notice
818 is provided to all other owners of abutting property. The
819 department may allow an outdoor advertising sign to remain on
820 the property acquired, or be relocated on department property,
821 and such sign shall not be considered a nonconforming sign
822 pursuant to chapter 479.
823 (b) If, in the discretion of the department, a lease to a
824 person other than an abutting property owner or tenant with a
825 leasehold interest in the abutting property would be
826 inequitable, the property may be leased to the abutting owner or
827 tenant for no less than the department’s current estimate of
828 value All other leases shall be by competitive bid.
829 (c) No lease signed pursuant to paragraph (a) or paragraph
830 (b) shall be for a period of more than 5 years; however, the
831 department may renegotiate or extend such a lease for an
832 additional term of 5 years as the department deems appropriate
833 without rebidding.
834 (d) Each lease shall provide that, unless otherwise
835 directed by the lessor, any improvements made to the property
836 during the term of the lease shall be removed at the lessee’s
837 expense.
838 (e) If property is to be used for a public purpose,
839 including a fair, art show, or other educational, cultural, or
840 fundraising activity, the property may be leased without
841 consideration to a governmental entity or school board. A lease
842 for a public purpose is exempt from the term limits in paragraph
843 (c).
844 (f) Paragraphs (c) and (e) (d) do not apply to leases
845 entered into pursuant to s. 260.0161(3), except as provided in
846 such a lease.
847 (g) No lease executed under this subsection may be utilized
848 by the lessee to establish the 4 years’ standing required by s.
849 73.071(3)(b) if the business had not been established for the
850 specified number of 4 years on the date title passed to the
851 department.
852 (h) The department may enter into a long-term lease without
853 compensation with a public port listed in s. 403.021(9)(b) for
854 rail corridors used for the operation of a short-line railroad
855 to the port.
856 (6) Nothing in this chapter prevents the joint use of
857 right-of-way for alternative modes of transportation; provided
858 that the joint use does not impair the integrity and safety of
859 the transportation facility.
860 (7) The department’s estimate of value, required by
861 subsections (4) and (5), shall be prepared in accordance with
862 department procedures, guidelines, and rules for valuation of
863 real property. If the value of the property exceeds $50,000, as
864 determined by the department estimate, the sale or lease must be
865 at a negotiated price not less than the estimate of value as
866 determined by an appraisal prepared in accordance with
867 department procedures, guidelines, and rules for valuation of
868 real property, the cost of which shall be paid by the party
869 seeking the purchase or lease of the property appraisal required
870 by paragraphs (4)(c) and (d) shall be prepared in accordance
871 with department guidelines and rules by an independent appraiser
872 who has been certified by the department. If federal funds were
873 used in the acquisition of the property, the appraisal shall
874 also be subject to the approval of the Federal Highway
875 Administration.
876 (8) A “due advertisement” under this section is an
877 advertisement in a newspaper of general circulation in the area
878 of the improvements of not less than 14 calendar days prior to
879 the date of the receipt of bids or the date on which a public
880 auction is to be held.
881 (9) The department, with the approval of the Chief
882 Financial Officer, is authorized to disburse state funds for
883 real estate closings in a manner consistent with good business
884 practices and in a manner minimizing costs and risks to the
885 state.
886 (10) The department is authorized to purchase title
887 insurance in those instances where it is determined that such
888 insurance is necessary to protect the public’s investment in
889 property being acquired for transportation purposes. The
890 department shall adopt procedures to be followed in making the
891 determination to purchase title insurance for a particular
892 parcel or group of parcels which, at a minimum, shall set forth
893 criteria which the parcels must meet.
894 (11) This section does not modify the requirements of s.
895 73.013.
896 Section 17. Subsection (2) of section 337.251, Florida
897 Statutes, is amended to read:
898 337.251 Lease of property for joint public-private
899 development and areas above or below department property.—
900 (2) The department may request proposals for the lease of
901 such property or, if the department receives a proposal for to
902 negotiate a lease of a particular department property that the
903 department desires to consider, the department must it shall
904 publish a notice in a newspaper of general circulation at least
905 once a week for 2 weeks, stating that it has received the
906 proposal and will accept, for 120 60 days after the date of
907 publication, other proposals for lease of the particular
908 property use of the space. A copy of the notice must be mailed
909 to each local government in the affected area. The department
910 shall, by rule, establish an application fee for the submission
911 of proposals pursuant to this section. The fee must be
912 sufficient to pay the anticipated costs of evaluating the
913 proposals. The department may engage the services of private
914 consultants to assist in the evaluation. Before approval, the
915 department must determine that the proposed lease:
916 (a) Is in the public’s best interest;
917 (b) Does not require state funds to be used; and
918 (c) Has adequate safeguards in place to ensure that no
919 additional costs are borne and no service disruptions are
920 experienced by the traveling public and residents of the state
921 in the event of default by the private lessee or upon
922 termination or expiration of the lease.
923 Section 18. Paragraphs (h) and (i) are added to subsection
924 (1), and subsection (1) of section 337.403, Florida Statutes, is
925 further amended to read:
926 337.403 Interference caused by relocation of utility;
927 expenses.—
928 (1) If a utility that is placed upon, under, over, or along
929 any public road or publicly owned rail corridor is found by the
930 authority to be unreasonably interfering in any way with the
931 convenient, safe, or continuous use, or the maintenance,
932 improvement, extension, or expansion, of such public road or
933 publicly owned rail corridor, the utility owner shall, upon 30
934 days’ written notice to the utility or its agent by the
935 authority, initiate the work necessary to alleviate the
936 interference at its own expense except as provided in paragraphs
937 (a)-(i)(g). The work must be completed within such reasonable
938 time as stated in the notice or such time as agreed to by the
939 authority and the utility owner.
940 (a) If the relocation of utility facilities, as referred to
941 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
942 627 of the 84th Congress, is necessitated by the construction of
943 a project on the federal-aid interstate system, including
944 extensions thereof within urban areas, and the cost of the
945 project is eligible and approved for reimbursement by the
946 Federal Government to the extent of 90 percent or more under the
947 Federal Aid Highway Act, or any amendment thereof, then in that
948 event the utility owning or operating such facilities shall
949 perform any necessary work upon notice from the department, and
950 the state shall pay the entire expense properly attributable to
951 such work after deducting therefrom any increase in the value of
952 a new facility and any salvage value derived from an old
953 facility.
954 (b) When a joint agreement between the department and the
955 utility is executed for utility work to be accomplished as part
956 of a contract for construction of a transportation facility, the
957 department may participate in those utility work costs that
958 exceed the department’s official estimate of the cost of the
959 work by more than 10 percent. The amount of such participation
960 shall be limited to the difference between the official estimate
961 of all the work in the joint agreement plus 10 percent and the
962 amount awarded for this work in the construction contract for
963 such work. The department may not participate in any utility
964 work costs that occur as a result of changes or additions during
965 the course of the contract.
966 (c) When an agreement between the department and utility is
967 executed for utility work to be accomplished in advance of a
968 contract for construction of a transportation facility, the
969 department may participate in the cost of clearing and grubbing
970 necessary to perform such work.
971 (d) If the utility facility was initially installed to
972 exclusively serve the authority or its tenants, or both, the
973 authority shall bear the costs of the utility work. However, the
974 authority is not responsible for the cost of utility work
975 related to any subsequent additions to that facility for the
976 purpose of serving others. For a county or municipality, if such
977 utility facility was installed in the right-of-way as a means to
978 serve a county or municipal facility on a parcel of property
979 adjacent to the right-of-way, and the intended use of the county
980 or municipal facility is for other than transportation purposes,
981 the obligation of the county or municipality to bear the costs
982 of the utility work shall extend only to utility work on the
983 parcel of property on which the facility of the county or
984 municipality originally served by the utility facility is
985 located.
986 (e) If, under an agreement between a utility and the
987 authority entered into after July 1, 2009, the utility conveys,
988 subordinates, or relinquishes a compensable property right to
989 the authority for the purpose of accommodating the acquisition
990 or use of the right-of-way by the authority, without the
991 agreement expressly addressing future responsibility for the
992 cost of necessary utility work, the authority shall bear the
993 cost of removal or relocation. This paragraph does not impair or
994 restrict, and may not be used to interpret, the terms of any
995 such agreement entered into before July 1, 2009.
996 (f) If the utility is an electric facility being relocated
997 underground in order to enhance vehicular, bicycle, and
998 pedestrian safety and in which ownership of the electric
999 facility to be placed underground has been transferred from a
1000 private to a public utility within the past 5 years, the
1001 department shall incur all costs of the necessary utility work.
1002 (g) An authority may bear the costs of utility work
1003 required to eliminate an unreasonable interference when the
1004 utility is not able to establish that it has a compensable
1005 property right in the particular property where the utility is
1006 located if:
1007 1. The utility was physically located on the particular
1008 property before the authority acquired rights in the property;
1009 2. The utility demonstrates that it has a compensable
1010 property right in all adjacent properties along the alignment of
1011 the utility or, after due diligence, certifies that the utility
1012 does not have evidence to prove or disprove that it has a
1013 compensable property right in the particular property where the
1014 utility is located; and
1015 3. The information available to the authority does not
1016 establish the relative priorities of the authority’s and the
1017 utility’s interests in the particular property.
1018 (h) If the relocation of utility facilities is necessitated
1019 by the construction of a commuter rail service project or an
1020 inter-city passenger rail service project and the cost of the
1021 project is eligible and approved for reimbursement by the
1022 Federal Government, then in that event the utility owning or
1023 operating such facilities located by permit on a department
1024 owned rail corridor shall perform any necessary utility
1025 relocation work upon notice from the department, and the
1026 department shall pay the expense properly attributable to such
1027 utility relocation work in the same proportion as Federal funds
1028 are expended on the commuter rail service project or an inter
1029 city passenger rail service project after deducting therefrom
1030 any increase in the value of a new facility and any salvage
1031 value derived from an old facility. In no event shall the state
1032 be required to use state dollars for such utility relocation
1033 work. This subsection shall not apply to any phase of the
1034 Central Florida Rail Corridor project known as SunRail.
1035 (i) If a city or county owned utility is located in a rural
1036 area of critical economic concern, designated pursuant to s.
1037 288.0656, and the department’s comptroller determines that the
1038 utility is not able, and will not within the following 10 years
1039 be able, to pay for the cost of utility work necessitated by a
1040 department project on the State Highway System, the department
1041 may pay the cost of such utility work performed by the
1042 department or the department’s contractor, in whole or in part.
1043 Section 19. Subsection (5) of section 338.161, Florida
1044 Statutes, is amended to read:
1045 338.161 Authority of department or toll agencies to
1046 advertise and promote electronic toll collection; expanded uses
1047 of electronic toll collection system; authority of department to
1048 collect tolls, fares, and fees for private and public entities.—
1049 (5) If the department finds that it can increase nontoll
1050 revenues or add convenience or other value for its customers,
1051 and if a public or private transportation facility owner agrees
1052 that its facility will become interoperable with the
1053 department’s electronic toll collection and video billing
1054 systems, the department may is authorized to enter into an
1055 agreement with the owner of such facility under which the
1056 department uses private or public entities for the department’s
1057 use of its electronic toll collection and video billing systems
1058 to collect and enforce for the owner tolls, fares,
1059 administrative fees, and other applicable charges due imposed in
1060 connection with use of the owner’s facility transportation
1061 facilities of the private or public entities that become
1062 interoperable with the department’s electronic toll collection
1063 system. The department may modify its rules regarding toll
1064 collection procedures and the imposition of administrative
1065 charges to be applicable to toll facilities that are not part of
1066 the turnpike system or otherwise owned by the department. This
1067 subsection may not be construed to limit the authority of the
1068 department under any other provision of law or under any
1069 agreement entered into before prior to July 1, 2012.
1070 Section 20. Subsection (4) of section 338.165, Florida
1071 Statutes, is amended to read:
1072 338.165 Continuation of tolls.—
1073 (4) Notwithstanding any other law to the contrary, pursuant
1074 to s. 11, Art. VII of the State Constitution, and subject to the
1075 requirements of subsection (2), the Department of Transportation
1076 may request the Division of Bond Finance to issue bonds secured
1077 by toll revenues collected on the Alligator Alley, the Sunshine
1078 Skyway Bridge, the Beeline-East Expressway, the Navarre Bridge,
1079 and the Pinellas Bayway to fund transportation projects located
1080 within the county or counties in which the revenue-producing
1081 project is located and contained in the adopted work program of
1082 the department.
1083 Section 21. Subsections (3) and (4) of section 338.26,
1084 Florida Statutes, are amended to read:
1085 338.26 Alligator Alley toll road.—
1086 (3) Fees generated from tolls shall be deposited in the
1087 State Transportation Trust Fund, and any amount of funds
1088 generated annually in excess of that required to reimburse
1089 outstanding contractual obligations, to operate and maintain the
1090 highway and toll facilities, including reconstruction and
1091 restoration, to pay for those projects that are funded with
1092 Alligator Alley toll revenues and that are contained in the
1093 1993-1994 adopted work program or the 1994-1995 tentative work
1094 program submitted to the Legislature on February 22, 1994, and
1095 to design and construct develop and operate a fire station at
1096 mile marker 63 on Alligator Alley, which may be used by Collier
1097 County or other appropriate local governmental entity to provide
1098 fire, rescue, and emergency management services to the adjacent
1099 counties along Alligator Alley, may be transferred to the
1100 Everglades Fund of the South Florida Water Management District
1101 in accordance with the memorandum of understanding of June 30,
1102 1997, between the district and the department. The South Florida
1103 Water Management District shall deposit funds for projects
1104 undertaken pursuant to s. 373.4592 in the Everglades Trust Fund
1105 pursuant to s. 373.45926(4)(a). Any funds remaining in the
1106 Everglades Fund may be used for environmental projects to
1107 restore the natural values of the Everglades, subject to
1108 compliance with any applicable federal laws and regulations.
1109 Projects must shall be limited to:
1110 (a) Highway redesign to allow for improved sheet flow of
1111 water across the southern Everglades.
1112 (b) Water conveyance projects to enable more water
1113 resources to reach Florida Bay to replenish marine estuary
1114 functions.
1115 (c) Engineering design plans for wastewater treatment
1116 facilities as recommended in the Water Quality Protection
1117 Program Document for the Florida Keys National Marine Sanctuary.
1118 (d) Acquisition of lands to move STA 3/4 out of the Toe of
1119 the Boot, provided such lands are located within 1 mile of the
1120 northern border of STA 3/4.
1121 (e) Other Everglades Construction Projects as described in
1122 the February 15, 1994, conceptual design document.
1123 (4) The district may issue revenue bonds or notes under s.
1124 373.584 and pledge the revenue from the transfers from the
1125 Alligator Alley toll revenues as security for such bonds or
1126 notes. The proceeds from such revenue bonds or notes shall be
1127 used for environmental projects; at least 50 percent of said
1128 proceeds must be used for projects that benefit Florida Bay, as
1129 described in this section subject to resolutions approving such
1130 activity by the Board of Trustees of the Internal Improvement
1131 Trust Fund and the governing board of the South Florida Water
1132 Management District and the remaining proceeds must be used for
1133 restoration activities in the Everglades Protection Area.
1134 Section 22. Subsections (2) through (4) of section 339.175,
1135 Florida Statutes, are amended to read:
1136 339.175 Metropolitan planning organization.—
1137 (2) DESIGNATION.—
1138 (a)1. An M.P.O. shall be designated for each urbanized area
1139 of the state; however, this does not require that an individual
1140 M.P.O. be designated for each such area. The M.P.O. Such
1141 designation shall be accomplished by agreement between the
1142 Governor and units of general-purpose local government that
1143 together represent representing at least 75 percent of the
1144 population, including the largest incorporated municipality,
1145 based on population, of the urbanized area; however, the unit of
1146 general-purpose local government that represents the central
1147 city or cities within the M.P.O. jurisdiction, as named defined
1148 by the United States Bureau of the Census, must be a party to
1149 such agreement.
1150 2. To the extent possible, only one M.P.O. shall be
1151 designated for each urbanized area or group of contiguous
1152 urbanized areas. More than one M.P.O. may be designated within
1153 an existing urbanized area only if the Governor and the existing
1154 M.P.O. determine that the size and complexity of the existing
1155 urbanized area makes the designation of more than one M.P.O. for
1156 the area appropriate.
1157 (b) Each M.P.O. designated in a manner prescribed by Title
1158 23 of the United States Code shall be created and operated under
1159 the provisions of this section pursuant to an interlocal
1160 agreement entered into pursuant to s. 163.01. The signatories to
1161 the interlocal agreement shall be the department and the
1162 governmental entities designated by the Governor for membership
1163 on the M.P.O. Each M.P.O. shall be considered separate from the
1164 state or the governing body of a local government that is
1165 represented on the governing board of the M.P.O. or that is a
1166 signatory to the interlocal agreement creating the M.P.O. and
1167 shall have such powers and privileges that are provided under s.
1168 163.01. If there is a conflict between this section and s.
1169 163.01, this section prevails.
1170 (c) The jurisdictional boundaries of an M.P.O. shall be
1171 determined by agreement between the Governor and the applicable
1172 M.P.O. The boundaries must include at least the metropolitan
1173 planning area, which is the existing urbanized area and the
1174 contiguous area expected to become urbanized within a 20-year
1175 forecast period, and may encompass the entire metropolitan
1176 statistical area or the consolidated metropolitan statistical
1177 area.
1178 (d) In the case of an urbanized area designated as a
1179 nonattainment area for ozone or carbon monoxide under the Clean
1180 Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
1181 metropolitan planning area in existence as of the date of
1182 enactment of this paragraph shall be retained, except that the
1183 boundaries may be adjusted by agreement of the Governor and
1184 affected metropolitan planning organizations in the manner
1185 described in this section. If more than one M.P.O. has authority
1186 within a metropolitan area or an area that is designated as a
1187 nonattainment area, each M.P.O. shall consult with other
1188 M.P.O.’s designated for such area and with the state in the
1189 coordination of plans and programs required by this section.
1190 (e) The governing body of the M.P.O. shall designate, at a
1191 minimum, a chair, vice chair, and agency clerk. The chair and
1192 vice chair shall be selected from among the member delegates
1193 comprising the governing board. The agency clerk shall be
1194 charged with the responsibility of preparing meeting minutes and
1195 maintaining agency records. The clerk shall be a member of the
1196 M.P.O. governing board, an employee of the M.P.O., or other
1197 natural person.
1198
1199 Each M.P.O. required under this section must be fully operative
1200 no later than 6 months following its designation.
1201 (3) VOTING MEMBERSHIP.—
1202 (a) The voting membership of an M.P.O. shall consist of not
1203 fewer than 5 or more than 19 apportioned members, the exact
1204 number to be determined on an equitable geographic-population
1205 ratio basis by the Governor, based on an agreement among the
1206 affected units of general-purpose local government and the
1207 Governor as required by federal rules and regulations. The
1208 voting membership of an M.P.O. that is redesignated after the
1209 effective date of this act as a result of the expansion of the
1210 M.P.O. to include a new urbanized area or the consolidation of
1211 two or more M.P.O.’s may consist of no more than 25 members. The
1212 Governor, in accordance with 23 U.S.C. s. 134, may also provide
1213 for M.P.O. members who represent municipalities to alternate
1214 with representatives from other municipalities within the
1215 metropolitan planning area that do not have members on the
1216 M.P.O. County commission members shall compose not less than
1217 one-third of the M.P.O. membership, except for an M.P.O. with
1218 more than 15 members located in a county with a 5-member county
1219 commission or an M.P.O. with 19 members located in a county with
1220 no more than 6 county commissioners, in which case county
1221 commission members may compose less than one-third percent of
1222 the M.P.O. membership, but all county commissioners must be
1223 members. All voting members shall be elected officials of
1224 general-purpose local governments, except that an M.P.O. may
1225 include, as part of its apportioned voting members, a member of
1226 a statutorily authorized planning board, an official of an
1227 agency that operates or administers a major mode of
1228 transportation, or an official of Space Florida. As used in this
1229 section, the term “elected officials of a general-purpose local
1230 government” excludes shall exclude constitutional officers,
1231 including sheriffs, tax collectors, supervisors of elections,
1232 property appraisers, clerks of the court, and similar types of
1233 officials. County commissioners shall compose not less than 20
1234 percent of the M.P.O. membership if an official of an agency
1235 that operates or administers a major mode of transportation has
1236 been appointed to an M.P.O.
1237 (b) In metropolitan areas in which authorities or other
1238 agencies have been or may be created by law to perform
1239 transportation functions and are performing transportation
1240 functions that are not under the jurisdiction of a general
1241 purpose local government represented on the M.P.O., they may
1242 shall be provided voting membership on the M.P.O. In all other
1243 M.P.O.’s where transportation authorities or agencies are to be
1244 represented by elected officials from general-purpose local
1245 governments, the M.P.O. shall establish a process by which the
1246 collective interests of such authorities or other agencies are
1247 expressed and conveyed.
1248 (c) Any other provision of this section to the contrary
1249 notwithstanding, a chartered county with a population of more
1250 than over 1 million population may elect to reapportion the
1251 membership of an M.P.O. whose jurisdiction is wholly within the
1252 county. The charter county may exercise the provisions of this
1253 paragraph if:
1254 1. The M.P.O. approves the reapportionment plan by a three
1255 fourths vote of its membership;
1256 2. The M.P.O. and the charter county determine that the
1257 reapportionment plan is needed to fulfill specific goals and
1258 policies applicable to that metropolitan planning area; and
1259 3. The charter county determines the reapportionment plan
1260 otherwise complies with all federal requirements pertaining to
1261 M.P.O. membership.
1262
1263 A Any charter county that elects to exercise the provisions of
1264 this paragraph shall notify the Governor in writing.
1265 (d) Any other provision of this section to the contrary
1266 notwithstanding, a any county chartered under s. 6(e), Art. VIII
1267 of the State Constitution may elect to have its county
1268 commission serve as the M.P.O., if the M.P.O. jurisdiction is
1269 wholly contained within the county. A Any charter county that
1270 elects to exercise the provisions of this paragraph shall so
1271 notify the Governor in writing. Upon receipt of the such
1272 notification, the Governor must designate the county commission
1273 as the M.P.O. The Governor must appoint four additional voting
1274 members to the M.P.O., one of whom must be an elected official
1275 representing a municipality within the county, one of whom must
1276 be an expressway authority member, one of whom must be a person
1277 who does not hold elected public office and who resides in the
1278 unincorporated portion of the county, and one of whom must be a
1279 school board member.
1280 (4) APPORTIONMENT.—
1281 (a) Each M.P.O. in the state shall review the composition
1282 of its membership in conjunction with the decennial census, as
1283 prepared by the United States Department of Commerce, Bureau of
1284 the Census, and, with the agreement of the affected units of
1285 general-purpose local government and the Governor, reapportion
1286 the membership as necessary to comply with subsection (3) The
1287 Governor shall, with the agreement of the affected units of
1288 general-purpose local government as required by federal rules
1289 and regulations, apportion the membership on the applicable
1290 M.P.O. among the various governmental entities within the area.
1291 (b) At the request of a majority of the affected units of
1292 general-purpose local government comprising an M.P.O., the
1293 Governor and a majority of units of general-purpose local
1294 government serving on an M.P.O. shall cooperatively agree upon
1295 and prescribe who may serve as an alternate member and a method
1296 for appointing alternate members who may vote at any M.P.O.
1297 meeting that an alternate member attends in place of a regular
1298 member. The method must shall be set forth as a part of the
1299 interlocal agreement describing the M.P.O.’s membership or in
1300 the M.P.O.’s operating procedures and bylaws. The governmental
1301 entity so designated shall appoint the appropriate number of
1302 members to the M.P.O. from eligible officials. Representatives
1303 of the department shall serve as nonvoting advisers to the
1304 M.P.O. governing board. Additional nonvoting advisers may be
1305 appointed by the M.P.O. as deemed necessary; however, to the
1306 maximum extent feasible, each M.P.O. shall seek to appoint
1307 nonvoting representatives of various multimodal forms of
1308 transportation not otherwise represented by voting members of
1309 the M.P.O. An M.P.O. shall appoint nonvoting advisers
1310 representing major military installations located within the
1311 jurisdictional boundaries of the M.P.O. upon the request of the
1312 aforesaid major military installations and subject to the
1313 agreement of the M.P.O. All nonvoting advisers may attend and
1314 participate fully in governing board meetings but may not vote
1315 or be members of the governing board. The Governor shall review
1316 the composition of the M.P.O. membership in conjunction with the
1317 decennial census as prepared by the United States Department of
1318 Commerce, Bureau of the Census, and reapportion it as necessary
1319 to comply with subsection (3).
1320 (c)(b) Except for members who represent municipalities on
1321 the basis of alternating with representatives from other
1322 municipalities that do not have members on the M.P.O. as
1323 provided in paragraph (3)(a), the members of an M.P.O. shall
1324 serve 4-year terms. Members who represent municipalities on the
1325 basis of alternating with representatives from other
1326 municipalities that do not have members on the M.P.O. as
1327 provided in paragraph (3)(a) may serve terms of up to 4 years as
1328 further provided in the interlocal agreement described in
1329 paragraph (2)(b). The membership of a member who is a public
1330 official automatically terminates upon the member’s leaving his
1331 or her elective or appointive office for any reason, or may be
1332 terminated by a majority vote of the total membership of the
1333 entity’s governing board represented by the member. A vacancy
1334 shall be filled by the original appointing entity. A member may
1335 be reappointed for one or more additional 4-year terms.
1336 (d)(c) If a governmental entity fails to fill an assigned
1337 appointment to an M.P.O. within 60 days after notification by
1338 the Governor of its duty to appoint, that appointment must shall
1339 be made by the Governor from the eligible representatives of
1340 that governmental entity.
1341 Section 23. Paragraph (a) of subsection (1) and subsections
1342 (4) and (5) of section 339.2821, Florida Statutes, are amended
1343 to read:
1344 339.2821 Economic development transportation projects.—
1345 (1)(a) The department, in consultation with the Department
1346 of Economic Opportunity and Enterprise Florida, Inc., may make
1347 and approve expenditures and contract with the appropriate
1348 governmental body for the direct costs of transportation
1349 projects. The Department of Economic Opportunity and the
1350 Department of Environmental Protection may formally review and
1351 comment on recommended transportation projects, although the
1352 department has final approval authority for any project
1353 authorized under this section.
1354 (4) A contract between the department and a governmental
1355 body for a transportation project must:
1356 (a) Specify that the transportation project is for the
1357 construction of a new or expanding business and specify the
1358 number of full-time permanent jobs that will result from the
1359 project.
1360 (b) Identify the governmental body and require that the
1361 governmental body award the construction of the particular
1362 transportation project to the lowest and best bidder in
1363 accordance with applicable state and federal statutes or rules
1364 unless the transportation project can be constructed using
1365 existing local governmental employees within the contract period
1366 specified by the department.
1367 (c) Require that the governmental body provide the
1368 department with quarterly progress reports. Each quarterly
1369 progress report must contain:
1370 1. A narrative description of the work completed and
1371 whether the work is proceeding according to the transportation
1372 project schedule;
1373 2. A description of each change order executed by the
1374 governmental body;
1375 3. A budget summary detailing planned expenditures compared
1376 to actual expenditures; and
1377 4. The identity of each small or minority business used as
1378 a contractor or subcontractor.
1379 (d) Require that the governmental body make and maintain
1380 records in accordance with accepted governmental accounting
1381 principles and practices for each progress payment made for work
1382 performed in connection with the transportation project, each
1383 change order executed by the governmental body, and each payment
1384 made pursuant to a change order. The records are subject to
1385 financial audit as required by law.
1386 (e) Require that the governmental body, upon completion and
1387 acceptance of the transportation project, certify to the
1388 department that the transportation project has been completed in
1389 compliance with the terms and conditions of the contract between
1390 the department and the governmental body and meets the minimum
1391 construction standards established in accordance with s.
1392 336.045.
1393 (f) Specify that the department transfer funds will not be
1394 transferred to the governmental body unless construction has
1395 begun on the facility of the not more often than quarterly, upon
1396 receipt of a request for funds from the governmental body and
1397 consistent with the needs of the transportation project. The
1398 governmental body shall expend funds received from the
1399 department in a timely manner. The department may not transfer
1400 funds unless construction has begun on the facility of a
1401 business on whose behalf the award was made. If construction of
1402 the transportation project does not begin within 4 years after
1403 the date of the initial grant award, the grant award is
1404 terminated A contract totaling less than $200,000 is exempt from
1405 the transfer requirement.
1406 (g) Require that funds be used only on a transportation
1407 project that has been properly reviewed and approved in
1408 accordance with the criteria set forth in this section.
1409 (h) Require that the governing board of the governmental
1410 body adopt a resolution accepting future maintenance and other
1411 attendant costs occurring after completion of the transportation
1412 project if the transportation project is constructed on a county
1413 or municipal system.
1414 (5) For purposes of this section, Space Florida may serve
1415 as the governmental body or as the contracting agency for a
1416 transportation project within a spaceport territory as defined
1417 by s. 331.304.
1418 Section 24. Section 339.401, Florida Statutes, is repealed.
1419 Section 25. Section 339.402, Florida Statutes, is repealed.
1420 Section 26. Section 339.403, Florida Statutes, is repealed.
1421 Section 27. Section 339.404, Florida Statutes, is repealed.
1422 Section 28. Section 339.405, Florida Statutes, is repealed.
1423 Section 29. Section 339.406, Florida Statutes, is repealed.
1424 Section 30. Section 339.407, Florida Statutes, is repealed.
1425 Section 31. Section 339.408, Florida Statutes, is repealed.
1426 Section 32. Section 339.409, Florida Statutes, is repealed.
1427 Section 33. Section 339.410, Florida Statutes, is repealed.
1428 Section 34. Section 339.411, Florida Statutes, is repealed.
1429 Section 35. Section 339.412, Florida Statutes, is repealed.
1430 Section 36. Section 339.414, Florida Statutes, is repealed.
1431 Section 37. Section 339.415, Florida Statutes, is repealed.
1432 Section 38. Section 339.416, Florida Statutes, is repealed.
1433 Section 39. Section 339.417, Florida Statutes, is repealed.
1434 Section 40. Section 339.418, Florida Statutes, is repealed.
1435 Section 41. Section 339.419, Florida Statutes, is repealed.
1436 Section 42. Section 339.420, Florida Statutes, is repealed.
1437 Section 43. Section 339.421, Florida Statutes, is repealed.
1438 Section 44. Paragraphs (a) and (c) of subsection (2) and
1439 paragraph (i) of subsection (7) of section 339.55, Florida
1440 Statutes, are amended to read:
1441 339.55 State-funded infrastructure bank.—
1442 (2) The bank may lend capital costs or provide credit
1443 enhancements for:
1444 (a) A transportation facility project that is on the State
1445 Highway System or that provides for increased mobility on the
1446 state’s transportation system or provides intermodal
1447 connectivity with airports, seaports, spaceports, rail
1448 facilities, and other transportation terminals, pursuant to s.
1449 341.053, for the movement of people and goods.
1450 (c)1. Emergency loans for damages incurred to public-use
1451 commercial deepwater seaports, public-use airports, public-use
1452 spaceports, and other public-use transit and intermodal
1453 facilities that are within an area that is part of an official
1454 state declaration of emergency pursuant to chapter 252 and all
1455 other applicable laws. Such loans:
1456 a. May not exceed 24 months in duration except in extreme
1457 circumstances, for which the Secretary of Transportation may
1458 grant up to 36 months upon making written findings specifying
1459 the conditions requiring a 36-month term.
1460 b. Require application from the recipient to the department
1461 that includes documentation of damage claims filed with the
1462 Federal Emergency Management Agency or an applicable insurance
1463 carrier and documentation of the recipient’s overall financial
1464 condition.
1465 c. Are subject to approval by the Secretary of
1466 Transportation and the Legislative Budget Commission.
1467 2. Loans provided under this paragraph must be repaid upon
1468 receipt by the recipient of eligible program funding for damages
1469 in accordance with the claims filed with the Federal Emergency
1470 Management Agency or an applicable insurance carrier, but no
1471 later than the duration of the loan.
1472 (7) The department may consider, but is not limited to, the
1473 following criteria for evaluation of projects for assistance
1474 from the bank:
1475 (i) The extent to which the project will provide for
1476 connectivity between the State Highway System and airports,
1477 seaports, spaceports, rail facilities, and other transportation
1478 terminals and intermodal options pursuant to s. 341.053 for the
1479 increased accessibility and movement of people and goods.
1480 Section 45. Subsection (11) of section 341.031, Florida
1481 Statutes, is amended to read:
1482 341.031 Definitions relating to Florida Public Transit
1483 Act.—As used in ss. 341.011-341.061, the term:
1484 (11) “Intercity bus service” means regularly scheduled bus
1485 service for the general public which operates with limited stops
1486 over fixed routes connecting two or more urban areas not in
1487 close proximity; has the capacity for transporting baggage
1488 carried by passengers; and makes meaningful connections with
1489 scheduled intercity bus service to more distant points, if such
1490 service is available; maintains scheduled information in the
1491 National Official Bus Guide; and provides package express
1492 service incidental to passenger transportation.
1493 Section 46. Subsection (3) of section 341.052, Florida
1494 Statutes, is amended to read:
1495 341.052 Public transit block grant program; administration;
1496 eligible projects; limitation.—
1497 (3) The following limitations shall apply to the use of
1498 public transit block grant program funds:
1499 (a) State participation in eligible capital projects shall
1500 be limited to 50 percent of the nonfederal share of such project
1501 costs.
1502 (b) State participation in eligible public transit
1503 operating costs may not exceed 50 percent of such costs or an
1504 amount equal to the total revenue, excluding farebox, charter,
1505 and advertising revenue and federal funds, received by the
1506 provider for operating costs, whichever amount is less.
1507 (c) No eligible public transit provider shall use public
1508 transit block grant funds to supplant local tax revenues made
1509 available to such provider for operations in the previous year;
1510 however, the Secretary of Transportation may waive this
1511 provision for public transit providers located in a county
1512 recovering from a state of emergency declared pursuant to part I
1513 of chapter 252.
1514 (d) Notwithstanding any law to the contrary, no eligible
1515 public transit provider or a person acting on behalf of a public
1516 transit provider shall use public transit block grant funds for
1517 a political advertisement or electioneering communication
1518 concerning an issue, referendum, or amendment, including any
1519 state question, that is subject to a vote of the electors. To
1520 the extent that a public transit provider uses other public
1521 funds in this manner, the amount of the provider’s grant must be
1522 reduced by the same amount. As used in this paragraph, the term
1523 “public funds” means all moneys under the jurisdiction or
1524 control of a federal agency, the state, a county, or a
1525 municipality, including any district, authority, commission,
1526 board, or agency thereof, for any public purpose. This paragraph
1527 does not apply to any communication from a public transit
1528 provider or a person acting on behalf of a public transit
1529 provider which is not advocating a position and is limited to
1530 factual information.
1531 (e) The state may not give any county more than 39 percent
1532 of the funds available for distribution under this section or
1533 more than the amount that local revenue sources provide to that
1534 transit system.
1535 Section 47. Section 341.053, Florida Statutes, is amended
1536 to read:
1537 341.053 Intermodal Development Program; administration;
1538 eligible projects; limitations.—
1539 (1) There is created within the Department of
1540 Transportation an Intermodal Development Program to provide for
1541 major capital investments in fixed-guideway transportation
1542 systems, access to seaports, airports, spaceports, and other
1543 transportation terminals, providing for the construction of
1544 intermodal or multimodal terminals; and to plan or fund
1545 construction of airport, spaceport, seaport, transit, and rail
1546 projects that otherwise facilitate the intermodal or multimodal
1547 movement of people and goods.
1548 (2) The Intermodal Development Program shall be used for
1549 projects that support statewide goals as outlined in the Florida
1550 Transportation Plan, the Strategic Intermodal System Plan, the
1551 Freight Mobility and Trade Plan, or the appropriate department
1552 modal plan In recognition of the department’s role in the
1553 economic development of this state, the department shall develop
1554 a proposed intermodal development plan to connect Florida’s
1555 airports, deepwater seaports, rail systems serving both
1556 passenger and freight, and major intermodal connectors to the
1557 Strategic Intermodal System highway corridors as the primary
1558 system for the movement of people and freight in this state in
1559 order to make the intermodal development plan a fully integrated
1560 and interconnected system. The intermodal development plan must:
1561 (a) Define and assess the state’s freight intermodal
1562 network, including airports, seaports, rail lines and terminals,
1563 intercity bus lines and terminals, and connecting highways.
1564 (b) Prioritize statewide infrastructure investments,
1565 including the acceleration of current projects, which are found
1566 by the Freight Stakeholders Task Force to be priority projects
1567 for the efficient movement of people and freight.
1568 (c) Be developed in a manner that will assure maximum use
1569 of existing facilities and optimum integration and coordination
1570 of the various modes of transportation, including both
1571 government-owned and privately owned resources, in the most
1572 cost-effective manner possible.
1573 (3) The Intermodal Development Program shall be
1574 administered by the department.
1575 (4) The department shall review funding requests from a
1576 rail authority created pursuant to chapter 343. The department
1577 may include projects of the authorities, including planning and
1578 design, in the tentative work program.
1579 (5) No single transportation authority operating a fixed
1580 guideway transportation system, or single fixed-guideway
1581 transportation system not administered by a transportation
1582 authority, receiving funds under the Intermodal Development
1583 Program shall receive more than 33 1/3 percent of the total
1584 intermodal development funds appropriated between July 1, 1990,
1585 and June 30, 2015. In determining the distribution of funds
1586 under the Intermodal Development Program in any fiscal year, the
1587 department shall assume that future appropriation levels will be
1588 equal to the current appropriation level.
1589 (6) The department may is authorized to fund projects
1590 within the Intermodal Development Program, which are consistent,
1591 to the maximum extent feasible, with approved local government
1592 comprehensive plans of the units of local government in which
1593 the project is located. Projects that are eligible for funding
1594 under this program include planning studies, major capital
1595 investments in public rail and fixed-guideway transportation or
1596 freight facilities and systems which provide intermodal access;
1597 road, rail, intercity bus service, or fixed-guideway access to,
1598 from, or between seaports, airports, spaceports, intermodal
1599 logistics centers, and other transportation terminals;
1600 construction of intermodal or multimodal terminals, including
1601 projects on airports, spaceports, intermodal logistics centers,
1602 or seaports which assist in the movement or transfer of people
1603 or goods; development and construction of dedicated bus lanes;
1604 and projects which otherwise facilitate the intermodal or
1605 multimodal movement of people and goods.
1606 Section 48. Section 341.8203, Florida Statutes, is amended
1607 to read:
1608 341.8203 Definitions.—As used in ss. 341.8201-341.842,
1609 unless the context clearly indicates otherwise, the term:
1610 (1) “Associated development” means property, equipment,
1611 buildings, or other related facilities which are built,
1612 installed, used, or established to provide financing, funding,
1613 or revenues for the planning, building, managing, and operation
1614 of a high-speed rail system and which are associated with or
1615 part of the rail stations. The term includes air and subsurface
1616 rights, services that provide local area network devices for
1617 transmitting data over wireless networks, parking facilities,
1618 retail establishments, restaurants, hotels, offices,
1619 advertising, or other commercial, civic, residential, or support
1620 facilities.
1621 (2) “Communication facilities” means the communication
1622 systems related to high-speed passenger rail operations,
1623 including those which are built, installed, used, or established
1624 for the planning, building, managing, and operating of a high
1625 speed rail system. The term includes the land; structures;
1626 improvements; rights-of-way; easements; positive train control
1627 systems; wireless communication towers and facilities that are
1628 designed to provide voice and data services for the safe and
1629 efficient operation of the high-speed rail system; voice, data,
1630 and wireless communication amenities made available to crew and
1631 passengers as part of a high-speed rail service; and any other
1632 facilities or equipment used for operation of, or the
1633 facilitation of communications for, a high-speed rail system.
1634 Owners of communication facilities may not offer voice or data
1635 service to any entity other than passengers, crew, or other
1636 persons involved in the operation of a high-speed rail system.
1637 (3)(2) “Enterprise” means the Florida Rail Enterprise.
1638 (4)(3) “High-speed rail system” means any high-speed fixed
1639 guideway system for transporting people or goods, which system
1640 is, by definition of the United States Department of
1641 Transportation, reasonably expected to reach speeds of at least
1642 110 miles per hour, including, but not limited to, a monorail
1643 system, dual track rail system, suspended rail system, magnetic
1644 levitation system, pneumatic repulsion system, or other system
1645 approved by the enterprise. The term includes a corridor,
1646 associated intermodal connectors, and structures essential to
1647 the operation of the line, including the land, structures,
1648 improvements, rights-of-way, easements, rail lines, rail beds,
1649 guideway structures, switches, yards, parking facilities, power
1650 relays, switching houses, and rail stations and also includes
1651 facilities or equipment used exclusively for the purposes of
1652 design, construction, operation, maintenance, or the financing
1653 of the high-speed rail system.
1654 (5)(4) “Joint development” means the planning, managing,
1655 financing, or constructing of projects adjacent to, functionally
1656 related to, or otherwise related to a high-speed rail system
1657 pursuant to agreements between any person, firm, corporation,
1658 association, organization, agency, or other entity, public or
1659 private.
1660 (6)(5) “Rail station,” “station,” or “high-speed rail
1661 station” means any structure or transportation facility that is
1662 part of a high-speed rail system designed to accommodate the
1663 movement of passengers from one mode of transportation to
1664 another at which passengers board or disembark from
1665 transportation conveyances and transfer from one mode of
1666 transportation to another.
1667 (7) “Railroad company” means a person developing, or
1668 providing service on, a high-speed rail system.
1669 (8)(6) “Selected person or entity” means the person or
1670 entity to whom the enterprise awards a contract to establish a
1671 high-speed rail system pursuant to ss. 341.8201-341.842.
1672 Section 49. Paragraph (c) is added to subsection (2) of
1673 section 341.822, Florida Statutes, to read:
1674 341.822 Powers and duties.—
1675 (2)
1676 (c) The enterprise shall establish a process to issue
1677 permits to railroad companies for the construction of
1678 communication facilities within a new or existing public or
1679 private high-speed rail system. The enterprise may adopt rules
1680 to administer such permits, including rules regarding the form,
1681 content, and necessary supporting documentation for permit
1682 applications; the process for submitting applications; and the
1683 application fee for a permit under s. 341.825. The enterprise
1684 shall provide a copy of a completed permit application to
1685 municipalities and counties where the high-speed rail system
1686 will be located. The enterprise shall allow each such
1687 municipality and county 30 days to provide comments to the
1688 enterprise regarding the application, including any
1689 recommendations regarding conditions that may be placed on the
1690 permit.
1691 Section 50. Section 341.825, Florida Statutes, is created
1692 to read:
1693 341.825 Communication facilities.—
1694 (1) LEGISLATIVE INTENT.—The Legislature intends to:
1695 (a) Establish a streamlined process to authorize the
1696 location, construction, operation, and maintenance of
1697 communication facilities within new and existing high-speed rail
1698 systems.
1699 (b) Expedite the expansion of the high-speed rail system’s
1700 wireless voice and data coverage and capacity for the safe and
1701 efficient operation of the high-speed rail system and the
1702 safety, use, and efficiency of its crew and passengers as a
1703 critical communication facilities component.
1704 (2) APPLICATION SUBMISSION.—A railroad company may submit
1705 to the enterprise an application to obtain a permit to construct
1706 communication facilities within a new or existing high-speed
1707 rail system. The application shall include an application fee
1708 limited to the amount needed to pay the anticipated cost of
1709 reviewing the application, not to exceed $10,000, which shall be
1710 deposited into the State Transportation Trust Fund. The
1711 application must include the following information:
1712 (a) The location of the proposed communication facilities.
1713 (b) A description of the proposed communication facilities.
1714 (c) Any other information reasonably required by the
1715 enterprise.
1716 (3) APPLICATION REVIEW.—The enterprise shall review each
1717 application for completeness within 30 days after receipt of the
1718 application.
1719 (a) If the enterprise determines that an application is not
1720 complete, the enterprise shall, within 30 days after the receipt
1721 of the initial application, notify the applicant in writing of
1722 any errors or omissions. An applicant shall have 30 days within
1723 which to correct the errors or omissions in the initial
1724 application.
1725 (b) If the enterprise determines that an application is
1726 complete, the enterprise shall act upon the permit application
1727 within 60 days of the receipt of the completed application by
1728 approving in whole, approving with conditions as the enterprise
1729 deems appropriate, or denying the application, and stating the
1730 reason for issuance or denial. In determining whether an
1731 application should be approved, approved with modifications or
1732 conditions, or denied, the enterprise shall consider any
1733 comments or recommendations received from a municipality or
1734 county and the extent to which the proposed communication
1735 facilities:
1736 1. Are located in a manner that is appropriate for the
1737 communication technology specified by the applicant.
1738 2. Serve an existing or projected future need for
1739 communication facilities.
1740 3. Provide sufficient wireless voice and data coverage and
1741 capacity for the safe and efficient operation of the high-speed
1742 rail system and the safety, use, and efficiency of its crew and
1743 passengers.
1744 (c) The failure to adopt any recommendation or comment may
1745 not be a basis for challenging the issuance of a permit.
1746 (4) EFFECT OF PERMIT.—
1747 (a) A permit authorizes the permittee to locate, construct,
1748 operate, and maintain the communication facilities within a new
1749 or existing high-speed rail system, subject to the conditions
1750 set forth in the permit. Such activities are not subject to
1751 local government land use or zoning regulations.
1752 (b) A permit may include conditions that constitute
1753 variances and exemptions from rules of the enterprise or any
1754 other agency, which would otherwise be applicable to the
1755 communication facilities within the new or existing high-speed
1756 rail system.
1757 (c) Notwithstanding any other provisions of law, the permit
1758 shall be in lieu of any license, permit, certificate, or similar
1759 document required by any local agency.
1760 (d) Nothing in this section is intended to impose
1761 procedures or restrictions on railroad companies that are
1762 subject to the exclusive jurisdiction of the federal Surface
1763 Transportation Board pursuant to the Interstate Commerce
1764 Commission Termination Act of 1995, 49 U.S.C. ss. 10101, et seq.
1765 (5) MODIFICATION OF PERMIT.—A permit may be modified by the
1766 applicant after issuance upon the filing of a petition with the
1767 enterprise.
1768 (a) A petition for modification must set forth the proposed
1769 modification and the factual reasons asserted for the
1770 modification.
1771 (b) The enterprise shall act upon the petition within 30
1772 days by approving or denying the application, and stating the
1773 reason for issuance or denial.
1774 Section 51. Paragraph (b) of subsection (2) of section
1775 341.840, is amended to read:
1776 341.840 Tax exemption.—
1777 (2)
1778 (b) For the purposes of this section, any item or property
1779 that is within the definition of the term “associated
1780 development” in s. 341.8203(1) may not be considered part of the
1781 high-speed rail system as defined in s. 341.8203(4) s.
1782 341.8203(3).
1783 Section 52. Subsection (4) of section 343.922, Florida
1784 Statutes, is amended to read:
1785 343.922 Powers and duties.—
1786 (4) The authority may undertake projects or other
1787 improvements in the master plan in phases as particular projects
1788 or segments become feasible, as determined by the authority. The
1789 authority shall coordinate project planning, development, and
1790 implementation with the applicable local governments. The
1791 authority’s projects that are transportation oriented shall be
1792 consistent to the maximum extent feasible with the adopted local
1793 government comprehensive plans at the time they are funded for
1794 construction. Authority projects that are not transportation
1795 oriented and meet the definition of development pursuant to s.
1796 380.04 shall be consistent with the local comprehensive plans.
1797 In carrying out its purposes and powers, the authority may
1798 request funding and technical assistance from the department and
1799 appropriate federal and local agencies, including, but not
1800 limited to, state infrastructure bank loans, advances from the
1801 Toll Facilities Revolving Trust Fund, and funding and technical
1802 assistance from any other source.
1803 Section 53. Section 348.53, Florida Statutes, is amended to
1804 read:
1805 348.53 Purposes of the authority.—The authority is created
1806 for the purposes and shall have power to construct, reconstruct,
1807 improve, extend, repair, maintain, and operate the expressway
1808 system. It is hereby found and declared that such purposes are,
1809 in all respects, for the benefit of the people of the State of
1810 Florida, City of Tampa, and the County of Hillsborough, for the
1811 increase of their pleasure, convenience, and welfare, for the
1812 improvement of their health, to facilitate transportation,
1813 including managed lanes and other transit supporting facilities,
1814 excluding rail or other rail related facilities, for their
1815 recreation and commerce, and for the common defense. The
1816 authority shall be performing a public purpose and a
1817 governmental function in carrying out its corporate purpose and
1818 in exercising the powers granted herein.
1819 Section 54. Subsections (3) and (4) of section 348.565,
1820 Florida Statutes, are amended to read:
1821 348.565 Revenue bonds for specified projects.—The existing
1822 facilities that constitute the Tampa-Hillsborough County
1823 Expressway System are hereby approved to be refinanced by
1824 revenue bonds issued by the Division of Bond Finance of the
1825 State Board of Administration pursuant to s. 11(f), Art. VII of
1826 the State Constitution and the State Bond Act or by revenue
1827 bonds issued by the authority pursuant to s. 348.56(1)(b). In
1828 addition, the following projects of the Tampa-Hillsborough
1829 County Expressway Authority are approved to be financed or
1830 refinanced by the issuance of revenue bonds in accordance with
1831 this part and s. 11(f), Art. VII of the State Constitution:
1832 (3) Lee Roy Selmon Crosstown Expressway System widening.
1833 (4) The connector highway linking the Lee Roy Selmon
1834 Crosstown Expressway to Interstate 4.
1835 Section 55. Paragraph (d) of subsection (2) of section
1836 348.754, Florida Statutes, is amended to read:
1837 348.754 Purposes and powers.—
1838 (2) The authority is hereby granted, and shall have and may
1839 exercise all powers necessary, appurtenant, convenient or
1840 incidental to the carrying out of the aforesaid purposes,
1841 including, but without being limited to, the following rights
1842 and powers:
1843 (d) To enter into and make leases for terms not exceeding
1844 99 40 years, as either lessee or lessor, in order to carry out
1845 the right to lease as specified set forth in this part.
1846 Section 56. Section 373.4137, Florida Statutes, is amended
1847 to read:
1848 373.4137 Mitigation requirements for specified
1849 transportation projects.—
1850 (1) The Legislature finds that environmental mitigation for
1851 the impact of transportation projects proposed by the Department
1852 of Transportation or a transportation authority established
1853 pursuant to chapter 348 or chapter 349 can be more effectively
1854 achieved by regional, long-range mitigation planning rather than
1855 on a project-by-project basis. It is the intent of the
1856 Legislature that mitigation to offset the adverse effects of
1857 these transportation projects be funded by the Department of
1858 Transportation and be carried out by the use of mitigation banks
1859 and any other mitigation options that satisfy state and federal
1860 requirements in a manner that promotes efficiency, timeliness in
1861 project delivery, and cost-effectiveness.
1862 (2) Environmental impact inventories for transportation
1863 projects proposed by the Department of Transportation or a
1864 transportation authority established pursuant to chapter 348 or
1865 chapter 349 shall be developed as follows:
1866 (a) By July 1 of each year, the Department of
1867 Transportation, or a transportation authority established
1868 pursuant to chapter 348 or chapter 349 which chooses to
1869 participate in the program, shall submit to the water management
1870 districts a list of its projects in the adopted work program and
1871 an environmental impact inventory of habitat impacts and the
1872 anticipated amount of mitigation needed to offset impacts as
1873 described in paragraph (b). The environmental impact inventory
1874 must be based on habitats addressed in the rules adopted
1875 pursuant to this part, and s. 404 of the Clean Water Act, 33
1876 U.S.C. s. 1344, and which may be impacted by the Department of
1877 Transportation’s its plan of construction for transportation
1878 projects in the next 3 years of the tentative work program. The
1879 Department of Transportation or a transportation authority
1880 established pursuant to chapter 348 or chapter 349 may also
1881 include in its environmental impact inventory the habitat
1882 impacts and the anticipated amount of mitigation needed for of
1883 any future transportation project. The Department of
1884 Transportation and each transportation authority established
1885 pursuant to chapter 348 or chapter 349 may fund any mitigation
1886 activities for future projects using current year funds.
1887 (b) The environmental impact inventory must shall include a
1888 description of these habitat impacts, including their location,
1889 acreage, and type; the anticipated amount of mitigation needed
1890 based on the functional loss as determined through the Uniform
1891 Mitigation Assessment Method (UMAM) adopted in Chapter 62-345,
1892 F.A.C.; identification of the proposed mitigation option; state
1893 water quality classification of impacted wetlands and other
1894 surface waters; any other state or regional designations for
1895 these habitats; and a list of threatened species, endangered
1896 species, and species of special concern affected by the proposed
1897 project.
1898 (c) Before projects are identified for inclusion in a water
1899 management district mitigation plan as described in subsection
1900 (4), the Department of Transportation must consider using
1901 credits from a permitted mitigation bank. The Department of
1902 Transportation must consider availability of suitable and
1903 sufficient mitigation bank credits within the transportation
1904 project’s area, ability to satisfy commitments to regulatory and
1905 resource agencies, availability of suitable and sufficient
1906 mitigation purchased or developed through this section, ability
1907 to complete existing water management district or Department of
1908 Environmental Protection suitable mitigation sites initiated
1909 with Department of Transportation mitigation funds, and ability
1910 to satisfy state and federal requirements including long-term
1911 maintenance and liability.
1912 (3)(a) To implement the mitigation option fund development
1913 and implementation of the mitigation plan for the projected
1914 impacts identified in the environmental impact inventory
1915 described in subsection (2), the Department of Transportation
1916 may purchase credits for current and future use directly from a
1917 mitigation bank; purchase mitigation services through the water
1918 management districts or the Department of Environmental
1919 Protection; conduct its own mitigation; or use other mitigation
1920 options that meet state and federal requirements. shall identify
1921 funds quarterly in an escrow account within the State
1922 Transportation Trust Fund for the environmental mitigation phase
1923 of projects budgeted by Funding for the identified mitigation
1924 option as described in the environmental impact inventory must
1925 be included in the Department of Transportation’s work program
1926 developed pursuant to s. 339.135 for the current fiscal year.
1927 The escrow account shall be maintained by the Department of
1928 Transportation for the benefit of the water management
1929 districts. Any interest earnings from the escrow account shall
1930 remain with the Department of Transportation. The amount
1931 programmed each year by the Department of Transportation and
1932 participating transportation authorities established pursuant to
1933 chapter 348 or chapter 349 must correspond to an estimated cost
1934 per credit of $150,000 multiplied by the projected number of
1935 credits identified in the environmental impact inventory
1936 described in subsection (2). This estimated cost per credit will
1937 be adjusted every 2 years by the Department of Transportation
1938 based on the average cost per UMAM credit paid through this
1939 section.
1940 (b) Each transportation authority established pursuant to
1941 chapter 348 or chapter 349 that chooses to participate in this
1942 program shall create an escrow account within its financial
1943 structure and deposit funds in the account to pay for the
1944 environmental mitigation phase of projects budgeted for the
1945 current fiscal year. The escrow account shall be maintained by
1946 the authority for the benefit of the water management districts.
1947 Any interest earnings from the escrow account shall remain with
1948 the authority.
1949 (c) For mitigation implemented by the water management
1950 district or the Department of Environmental Protection, as
1951 appropriate, the amount paid each year must be based on
1952 mitigation services provided by the water management districts
1953 or Department of Environmental Protection pursuant to an
1954 approved water management district plan, as described in
1955 subsection (4). Except for current mitigation projects in the
1956 monitoring and maintenance phase and except as allowed by
1957 paragraph (d), The water management districts or the Department
1958 of Environmental Protection, as appropriate, may request payment
1959 a transfer of funds from an escrow account no sooner than 30
1960 days before the date the funds are needed to pay for activities
1961 associated with development or implementation of the permitted
1962 mitigation meeting the requirements pursuant to this part, 33
1963 U.S.C. s. 1344, and 33 C.F.R. s. 332, in the approved mitigation
1964 plan described in subsection (4) for the current fiscal year,
1965 including, but not limited to, design, engineering, production,
1966 and staff support. Actual conceptual plan preparation costs
1967 incurred before plan approval may be submitted to the Department
1968 of Transportation or the appropriate transportation authority
1969 each year with the plan. The conceptual plan preparation costs
1970 of each water management district will be paid from mitigation
1971 funds associated with the environmental impact inventory for the
1972 current year. The amount transferred to the escrow accounts each
1973 year by the Department of Transportation and participating
1974 transportation authorities established pursuant to chapter 348
1975 or chapter 349 shall correspond to a cost per acre of $75,000
1976 multiplied by the projected acres of impact identified in the
1977 environmental impact inventory described in subsection (2).
1978 However, the $75,000 cost per acre does not constitute an
1979 admission against interest by the state or its subdivisions and
1980 is not admissible as evidence of full compensation for any
1981 property acquired by eminent domain or through inverse
1982 condemnation. Each July 1, the cost per acre shall be adjusted
1983 by the percentage change in the average of the Consumer Price
1984 Index issued by the United States Department of Labor for the
1985 most recent 12-month period ending September 30, compared to the
1986 base year average, which is the average for the 12-month period
1987 ending September 30, 1996. Each quarter, the projected amount of
1988 mitigation must acreage of impact shall be reconciled with the
1989 actual amount of mitigation needed for acreage of impact of
1990 projects as permitted, including permit modifications, pursuant
1991 to this part and s. 404 of the Clean Water Act, 33 U.S.C. s.
1992 1344. The subject year’s programming transfer of funds shall be
1993 adjusted accordingly to reflect the mitigation acreage of
1994 impacts as permitted. The Department of Transportation and
1995 participating transportation authorities established pursuant to
1996 chapter 348 or chapter 349 are authorized to transfer such funds
1997 from the escrow accounts to the water management districts to
1998 carry out the mitigation programs. Environmental mitigation
1999 funds that are identified for or maintained in an escrow account
2000 for the benefit of a water management district may be released
2001 if the associated transportation project is excluded in whole or
2002 part from the mitigation plan. For a mitigation project that is
2003 in the maintenance and monitoring phase, the water management
2004 district may request and receive a one-time payment based on the
2005 project’s expected future maintenance and monitoring costs. If
2006 the water management district excludes a project from an
2007 approved water management district mitigation plan, cannot
2008 timely permit a mitigation site to offset the impacts of a
2009 Department of Transportation project identified in the
2010 environmental impact inventory, or if the proposed mitigation
2011 does not meet state and federal requirements, the Department of
2012 Transportation may use the associated funds for the purchase of
2013 mitigation bank credits or any other mitigation option that
2014 satisfies state and federal requirements. Upon final
2015 disbursement of the final maintenance and monitoring payment for
2016 mitigation of a transportation project as permitted, the
2017 obligation of the Department of Transportation or the
2018 participating transportation authority is satisfied and the
2019 water management district or the Department of Environmental
2020 Protection, as appropriate, will have continuing responsibility
2021 for the mitigation project, the escrow account for the project
2022 established by the Department of Transportation or the
2023 participating transportation authority may be closed. Any
2024 interest earned on these disbursed funds shall remain with the
2025 water management district and must be used as authorized under
2026 this section.
2027 (d) Beginning with the March 2014 water management district
2028 mitigation plans, in the 2005-2006 fiscal year, each water
2029 management district or the Department of Environmental
2030 Protection, as appropriate, shall invoice the Department of
2031 Transportation for mitigation services to offset only the
2032 impacts of a Department of Transportation project identified in
2033 the environmental impact inventory, including planning, design,
2034 construction, maintenance and monitoring, and other costs
2035 necessary to meet requirements pursuant to this section, 33
2036 U.S.C. s. 1344, and 33 C.F.R. s. 332 be paid a lump-sum amount
2037 of $75,000 per acre, adjusted as provided under paragraph (c),
2038 for federally funded transportation projects that are included
2039 on the environmental impact inventory and that have an approved
2040 mitigation plan. Beginning in the 2009-2010 fiscal year, each
2041 water management district shall be paid a lump-sum amount of
2042 $75,000 per acre, adjusted as provided under paragraph (c), for
2043 federally funded and nonfederally funded transportation projects
2044 that have an approved mitigation plan. All mitigation costs,
2045 including, but not limited to, the costs of preparing conceptual
2046 plans and the costs of design, construction, staff support,
2047 future maintenance, and monitoring the mitigated acres shall be
2048 funded through these lump-sum amounts. If the water management
2049 district identifies the use of mitigation bank credits to offset
2050 a Department of Transportation impact, the water management
2051 district shall exclude that purchase from the mitigation plan,
2052 and the Department of Transportation must purchase the bank
2053 credits.
2054 (e) For mitigation activities occurring on existing water
2055 management district or Department of Environmental Protection
2056 mitigation sites initiated with Department of Transportation
2057 mitigation funds before July 1, 2013, the water management
2058 district or Department of Environmental Protection shall invoice
2059 the Department of Transportation or a participating
2060 transportation authority at a cost per acre of $75,000
2061 multiplied by the projected acres of impact as identified in the
2062 environmental impact inventory. The cost per acre must be
2063 adjusted by the percentage change in the average of the Consumer
2064 Price Index issued by the United States Department of Labor for
2065 the most recent 12-month period ending September 30, compared to
2066 the base year average, which is the average for the 12-month
2067 period ending September 30, 1996. When implementing the
2068 mitigation activities necessary to offset the permitted impacts
2069 as provided in the approved mitigation plan, the water
2070 management district shall maintain records of the costs incurred
2071 in implementing the mitigation. The records must include, but
2072 are not limited to, costs for planning, land acquisition,
2073 design, construction, staff support, long-term maintenance and
2074 monitoring of the mitigation site, and other costs necessary to
2075 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332.
2076 (f) For purposes of preparing and implementing the
2077 mitigation plans to be adopted by the water management districts
2078 on or before March 1, 2013, for impacts based on the July 1,
2079 2012, environmental impact inventory, the funds identified in
2080 the Department of Transportation’s work program or participating
2081 transportation authorities’ escrow accounts must correspond to a
2082 cost per acre of $75,000 multiplied by the project acres of
2083 impact as identified in the environmental impact inventory. The
2084 cost per acre shall be adjusted by the percentage change in the
2085 average of the Consumer Price Index issued by the United States
2086 Department of Labor for the most recent 12-month period ending
2087 September 30, compared to the base year average, which is the
2088 average for the 12-month period ending September 30, 1996.
2089 Payment as provided under this paragraph is limited to those
2090 mitigation activities that are identified in the first year of
2091 the 2013 mitigation plan and for which the transportation
2092 project is permitted and is in the Department of
2093 Transportation’s adopted work program, or equivalent for a
2094 transportation authority. When implementing the mitigation
2095 activities necessary to offset the permitted impacts as provided
2096 in the approved mitigation plan, the water management district
2097 shall maintain records of the costs incurred in implementing the
2098 mitigation. The records must include, but are not limited to,
2099 costs for planning, land acquisition, design, construction,
2100 staff support, long-term maintenance and monitoring of the
2101 mitigation site, and other costs necessary to meet the
2102 requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. To the
2103 extent moneys paid to a water management district by the
2104 Department of Transportation or a participating transportation
2105 authority exceed the amount expended by the water management
2106 districts in implementing the mitigation to offset the permitted
2107 impacts, these funds must be refunded to the Department of
2108 Transportation or participating transportation authority. This
2109 paragraph expires June 30, 2014.
2110 (4) Before March 1 of each year, each water management
2111 district shall develop a mitigation plan to offset only the
2112 impacts of transportation projects in the environmental impact
2113 inventory for which a water management district is implementing
2114 mitigation that meets the requirements of this section, 33
2115 U.S.C. s. 1344, and 33 C.F.R. s. 332. The water management-
2116 district mitigation plan must be developed, in consultation with
2117 the Department of Environmental Protection, the United States
2118 Army Corps of Engineers, the Department of Transportation,
2119 participating transportation authorities established pursuant to
2120 chapter 348 or chapter 349, and other appropriate federal,
2121 state, and local governments, and other interested parties,
2122 including entities operating mitigation banks, shall develop a
2123 plan for the primary purpose of complying with the mitigation
2124 requirements adopted pursuant to this part and 33 U.S.C. s.
2125 1344. In developing such plans, the water management districts
2126 shall use sound ecosystem management practices to address
2127 significant water resource needs and consider shall focus on
2128 activities of the Department of Environmental Protection and the
2129 water management districts, such as surface water improvement
2130 and management (SWIM) projects and lands identified for
2131 potential acquisition for preservation, restoration, or
2132 enhancement, and the control of invasive and exotic plants in
2133 wetlands and other surface waters, to the extent that the
2134 activities comply with the mitigation requirements adopted under
2135 this part, and 33 U.S.C. s. 1344, and 33 C.F.R. s. 332. The
2136 water management district mitigation plan must identify each
2137 site where the water management district will mitigate for a
2138 transportation project. For each mitigation site, the water
2139 management district shall provide the scope of the mitigation
2140 services, provide the functional gain as determined through the
2141 UMAM per Chapter 62-345, F.A.C., describe how the mitigation
2142 offsets the impacts of each transportation project as permitted,
2143 and provide a schedule for the mitigation services. The water
2144 management districts shall maintain records of costs incurred
2145 and payments received for providing these services. Records must
2146 include, but are not limited to, planning, land acquisition,
2147 design, construction, staff support, long-term maintenance and
2148 monitoring of the mitigation site, and other costs necessary to
2149 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332.
2150 To the extent monies paid to a water management district by the
2151 Department of Transportation or a participating transportation
2152 authority exceed the amount expended by the water management
2153 districts in providing the mitigation services to offset the
2154 permitted transportation project impacts, these monies must be
2155 refunded to the Department of Transportation or participating
2156 transportation authority In determining the activities to be
2157 included in the plans, the districts shall consider the purchase
2158 of credits from public or private mitigation banks permitted
2159 under s. 373.4136 and associated federal authorization and shall
2160 include the purchase as a part of the mitigation plan when the
2161 purchase would offset the impact of the transportation project,
2162 provide equal benefits to the water resources than other
2163 mitigation options being considered, and provide the most cost
2164 effective mitigation option. The mitigation plan shall be
2165 submitted to the water management district governing board, or
2166 its designee, for review and approval. At least 14 days before
2167 approval by the governing board, the water management district
2168 shall provide a copy of the draft mitigation plan to the
2169 Department of Environmental Protection and any person who has
2170 requested a copy. Subsequent to governing board approval, the
2171 mitigation plan must be submitted to the Department of
2172 Environmental Protection for approval. The plan may not be
2173 implemented until it is submitted to and approved, in part or in
2174 its entirety, by the Department of Environmental Protection.
2175 (a) For each transportation project with a funding request
2176 for the next fiscal year, the mitigation plan must include a
2177 brief explanation of why a mitigation bank was or was not chosen
2178 as a mitigation option, including an estimation of identifiable
2179 costs of the mitigation bank and nonbank options and other
2180 factors such as time saved, liability for success of the
2181 mitigation, and long-term maintenance.
2182 (a)(b) Specific projects may be excluded from the
2183 mitigation plan, in whole or in part, and are not subject to
2184 this section upon the election of the Department of
2185 Transportation, a transportation authority if applicable, or the
2186 appropriate water management district. The Department of
2187 Transportation or a participating transportation authority may
2188 not exclude a transportation project from the mitigation plan
2189 when mitigation is scheduled for implementation by the water
2190 management district in the current fiscal year, except when the
2191 transportation project is removed from the Department of
2192 Transportation’s work program or transportation authority
2193 funding plan, the mitigation cannot be timely permitted to
2194 offset the impacts of a Department of Transportation project
2195 identified in the environmental impact inventory, or the
2196 proposed mitigation does not meet state and federal
2197 requirements. If a project is removed from the work program or
2198 the mitigation plan, costs expended by the water management
2199 district prior to removal are eligible for reimbursement by the
2200 Department of Transportation or participating transportation
2201 authority.
2202 (b)(c) When determining which projects to include in or
2203 exclude from the mitigation plan, the Department of
2204 Transportation shall investigate using credits from a permitted
2205 mitigation bank before those projects are submitted for
2206 inclusion in a water management district mitigation the plan.
2207 The investigation shall consider the cost-effectiveness of
2208 mitigation bank credits, including, but not limited to, factors
2209 such as time saved, transfer of liability for success of the
2210 mitigation, and long-term maintenance. The Department of
2211 Transportation shall exclude a project from the mitigation plan
2212 if the investigation undertaken pursuant to this paragraph
2213 results in the conclusion that the use of credits from a
2214 permitted mitigation bank promotes efficiency, timeliness in
2215 project delivery, cost-effectiveness, and transfer of liability
2216 for success and long-term maintenance.
2217 (5) The water management district shall ensure that
2218 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33
2219 C.F.R. s. 332 are met for the impacts identified in the
2220 environmental impact inventory for which the water management
2221 district will implement mitigation described in subsection (2),
2222 by implementation of the approved mitigation plan described in
2223 subsection (4) to the extent funding is provided by the
2224 Department of Transportation, or a transportation authority
2225 established pursuant to chapter 348 or chapter 349, if
2226 applicable. In developing and implementing the mitigation plan,
2227 the water management district shall comply with federal
2228 permitting requirements pursuant to 33 U.S.C. s. 1344 and 33
2229 C.F.R. s. 332. During the federal permitting process, the water
2230 management district may deviate from the approved mitigation
2231 plan in order to comply with federal permitting requirements
2232 upon notice and coordination with the Department of
2233 Transportation or participating transportation authority.
2234 (6) The water management district mitigation plans shall be
2235 updated annually to reflect the most current Department of
2236 Transportation work program and project list of a transportation
2237 authority established pursuant to chapter 348 or chapter 349, if
2238 applicable, and may be amended throughout the year to anticipate
2239 schedule changes or additional projects which may arise. Before
2240 amending the mitigation plan to include new projects, the
2241 Department of Transportation shall consider mitigation banks and
2242 other available mitigation options that meet state and federal
2243 requirements. Each update and amendment of the mitigation plan
2244 shall be submitted to the governing board of the water
2245 management district or its designee for approval. However, such
2246 approval shall not be applicable to a deviation as described in
2247 subsection (5).
2248 (7) Upon approval by the governing board of the water
2249 management district and the Department of Environmental
2250 Protection or its designee, the mitigation plan shall be deemed
2251 to satisfy the mitigation requirements under this part for
2252 impacts specifically identified in the environmental impact
2253 inventory described in subsection (2) and any other mitigation
2254 requirements imposed by local, regional, and state agencies for
2255 these same impacts. The approval of the governing board of the
2256 water management district or its designee and the Department of
2257 Environmental Protection shall authorize the activities proposed
2258 in the mitigation plan, and no other state, regional, or local
2259 permit or approval shall be necessary.
2260 (8) This section shall not be construed to eliminate the
2261 need for the Department of Transportation or a transportation
2262 authority established pursuant to chapter 348 or chapter 349 to
2263 comply with the requirement to implement practicable design
2264 modifications, including realignment of transportation projects,
2265 to reduce or eliminate the impacts of its transportation
2266 projects on wetlands and other surface waters as required by
2267 rules adopted pursuant to this part, or to diminish the
2268 authority under this part to regulate other impacts, including
2269 water quantity or water quality impacts, or impacts regulated
2270 under this part that are not identified in the environmental
2271 impact inventory described in subsection (2).
2272 (9) The process for environmental mitigation for the impact
2273 of transportation projects under this section shall be available
2274 to an expressway, bridge, or transportation authority
2275 established under chapter 348 or chapter 349. Use of this
2276 process may be initiated by an authority depositing the
2277 requisite funds into an escrow account set up by the authority
2278 and filing an environmental impact inventory with the
2279 appropriate water management district. An authority that
2280 initiates the environmental mitigation process established by
2281 this section shall comply with subsection (6) by timely
2282 providing the appropriate water management district with the
2283 requisite work program information. A water management district
2284 may draw down funds from the escrow account as provided in this
2285 section.
2286 Section 57. Section 373.618, Florida Statutes, is amended
2287 to read:
2288 373.618 Public service warnings, alerts, and
2289 announcements.—The Legislature believes it is in the public
2290 interest that each all water management district districts
2291 created pursuant to s. 373.069 own, acquire, develop, construct,
2292 operate, and manage public information systems. Public
2293 information systems may be located on property owned by the
2294 water management district, upon terms and conditions approved by
2295 the water management district, and must display messages to the
2296 general public concerning water management services, activities,
2297 events, and sponsors, as well as other public service
2298 announcements, including watering restrictions, severe weather
2299 reports, amber alerts, and other essential information needed by
2300 the public. Local government review or approval is not required
2301 for a public information system owned or hereafter acquired,
2302 developed, or constructed by the water management district on
2303 its own property. A public information system is subject to
2304 exempt from the requirements of chapter 479; however, a public
2305 information system that is subject to the Highway Beautification
2306 Act of 1965 must be approved by the Department of Transportation
2307 and the Federal Highway Administration if required by federal
2308 law and federal regulation under the agreement between the state
2309 and the United States Department of Transportation, and federal
2310 regulations enforced by the Department of Transportation under
2311 s. 479.02(1). Water management district funds may not be used to
2312 pay the cost to acquire, develop, construct, operate, or manage
2313 a public information system. Any necessary funds for a public
2314 information system shall be paid for and collected from private
2315 sponsors who may display commercial messages.
2316 Section 58. Section 479.16, Florida Statutes, is amended to
2317 read:
2318 479.16 Signs for which permits are not required.—The
2319 following signs are exempt from the requirement that a permit
2320 for a sign be obtained under the provisions of this chapter but
2321 are required to comply with the provisions of s. 479.11(4)-(8),
2322 and the provisions of subsections (15)–(20) may not be
2323 implemented or continued if the Federal Government notifies the
2324 department that implementation or continuation will adversely
2325 affect the allocation of federal funds to the department:
2326 (1) Signs erected on the premises of an establishment,
2327 which signs consist primarily of the name of the establishment
2328 or which identify the principal or accessory merchandise,
2329 services, activities, or entertainment sold, produced,
2330 manufactured, or furnished on the premises of the establishment
2331 and which comply with the lighting restrictions under department
2332 rule adopted pursuant to s. 479.11(5), or signs owned by a
2333 municipality or a county located on the premises of such
2334 municipality or such county which display information regarding
2335 government services, activities, events, or entertainment. For
2336 purposes of this section, the following types of messages shall
2337 not be considered information regarding government services,
2338 activities, events, or entertainment:
2339 (a) Messages which specifically reference any commercial
2340 enterprise.
2341 (b) Messages which reference a commercial sponsor of any
2342 event.
2343 (c) Personal messages.
2344 (d) Political campaign messages.
2345
2346 If a sign located on the premises of an establishment consists
2347 principally of brand name or trade name advertising and the
2348 merchandise or service is only incidental to the principal
2349 activity, or if the owner of the establishment receives rental
2350 income from the sign, then the sign is not exempt under this
2351 subsection.
2352 (2) Signs erected, used, or maintained on a farm by the
2353 owner or lessee of such farm and relating solely to farm
2354 produce, merchandise, service, or entertainment sold, produced,
2355 manufactured, or furnished on such farm.
2356 (3) Signs posted or displayed on real property by the owner
2357 or by the authority of the owner, stating that the real property
2358 is for sale or rent. However, if the sign contains any message
2359 not pertaining to the sale or rental of that real property, then
2360 it is not exempt under this section.
2361 (4) Official notices or advertisements posted or displayed
2362 on private property by or under the direction of any public or
2363 court officer in the performance of her or his official or
2364 directed duties, or by trustees under deeds of trust or deeds of
2365 assignment or other similar instruments.
2366 (5) Danger or precautionary signs relating to the premises
2367 on which they are located; forest fire warning signs erected
2368 under the authority of the Florida Forest Service of the
2369 Department of Agriculture and Consumer Services; and signs,
2370 notices, or symbols erected by the United States Government
2371 under the direction of the United States Forestry Service.
2372 (6) Notices of any railroad, bridge, ferry, or other
2373 transportation or transmission company necessary for the
2374 direction or safety of the public.
2375 (7) Signs, notices, or symbols for the information of
2376 aviators as to location, directions, and landings and conditions
2377 affecting safety in aviation erected or authorized by the
2378 department.
2379 (8) Signs or notices erected or maintained upon property
2380 stating only the name of the owner, lessee, or occupant of the
2381 premises and not exceeding 16 8 square feet in area.
2382 (9) Historical markers erected by duly constituted and
2383 authorized public authorities.
2384 (10) Official traffic control signs and markers erected,
2385 caused to be erected, or approved by the department.
2386 (11) Signs erected upon property warning the public against
2387 hunting and fishing or trespassing thereon.
2388 (12) Signs not in excess of 16 8 square feet that are owned
2389 by and relate to the facilities and activities of churches,
2390 civic organizations, fraternal organizations, charitable
2391 organizations, or units or agencies of government.
2392 (13) Except that Signs placed on benches, transit shelters,
2393 modular news racks, street light poles, public pay telephones,
2394 and waste receptacles, within the right-of-way, as provided for
2395 in s. 337.408 are exempt from the all provisions of this
2396 chapter.
2397 (14) Signs relating exclusively to political campaigns.
2398 (15) Signs not in excess of 16 square feet placed at a road
2399 junction with the State Highway System denoting only the
2400 distance or direction of a residence or farm operation, or,
2401 outside an incorporated in a rural area where a hardship is
2402 created because a small business is not visible from the road
2403 junction with the State Highway System, one sign not in excess
2404 of 16 square feet, denoting only the name of the business and
2405 the distance and direction to the business. The small-business
2406 sign provision of this subsection does not apply to charter
2407 counties and may not be implemented if the Federal Government
2408 notifies the department that implementation will adversely
2409 affect the allocation of federal funds to the department.
2410 (16) Signs placed by a local tourist-oriented business
2411 located within a rural area of critical economic concern, as
2412 defined by s. 288.0656(2)(d) and (e), and are:
2413 (a) Not more than 8 square feet in size or more than 4 feet
2414 in height;
2415 (b) Located only in rural areas, along non-limited access
2416 highways;
2417 (c) Located within 2 miles of the business location and are
2418 not less than 500 feet apart;
2419 (d) Located only in two directions leading to the business;
2420 and
2421 (e) Not located within the road right-of-way.
2422
2423 A business placing such signs must be at least 4 miles from any
2424 other business using this exemption and may not participate in
2425 any other department directional signage program.
2426 (17) Signs not in excess of 32 square feet placed
2427 temporarily during harvest season of a farm operation for a
2428 period of no more than 4 months at a road junction with the
2429 State Highway System denoting only the distance or direction of
2430 the farm operation.
2431 (18) Acknowledgement signs erected upon publicly funded
2432 school premises relating to a specific public school club, team,
2433 or event placed no closer than 1,000 feet from another
2434 acknowledgement sign on the same side of the roadway. The
2435 sponsor information on an acknowledgement sign may constitute no
2436 more than 100 square feet of the sign. As used in this
2437 subsection, the term “acknowledgement signs” means signs that
2438 are intended to inform the traveling public that a public school
2439 club, team, or event has been sponsored by a person, firm, or
2440 other entity.
2441 (19) Displays erected upon a sports facility the content of
2442 which is directly related to the facility’s activities or where
2443 a presence of the products or services offered on the property
2444 exists. Displays must be mounted flush to the surface of the
2445 sports facility and must rely upon the building facade for
2446 structural support. For purposes of this subsection, the term
2447 “sports facility” means an athletic complex, athletic arena, or
2448 athletic stadium, including physically connected parking
2449 facilities, which is open to the public and has a permanent
2450 installed seating capacity of 15,000 or more.
2451 (20) The Legislature believes it is in the public interest
2452 that all welcome centers created pursuant to s. 288.12265 have
2453 the option to own, acquire, develop, construct, operate, and
2454 manage public information systems. Public information systems
2455 may only display messages to the general public concerning
2456 public service announcements, including severe weather reports,
2457 Amber Alerts, Silver Alerts, and other essential information
2458 needed by the public. Local government review or approval is not
2459 required for a public information system owned or hereafter
2460 acquired, developed, or constructed at the welcome center. A
2461 public information system is exempt from the requirements of
2462 chapter 479; provided, however, that any public information
2463 system that is subject to the Highway Beautification Act of 1965
2464 or the Manual of Uniform Transportation Control Devices must be
2465 approved by the Department of Transportation and the Federal
2466 Highway Administration if required by federal law and federal
2467 regulations.
2468
2469 If the exemptions in subsections (15) through (20) are not
2470 implemented or continued due to Federal Government notification
2471 to the department that the allocation of federal funds to the
2472 department will be adversely impacted, the department shall
2473 provide notice to the sign owner that the sign must be removed
2474 within 30 days after receiving notice. If the sign is not
2475 removed within 30 days, the department may remove the sign, and
2476 the costs incurred in connection with the sign removal shall be
2477 assessed against and collected from the sign owner.
2478 Section 59. The Florida Transportation Commission shall
2479 conduct a study of the potential for the state to obtain revenue
2480 from any parking meters or other parking time-limit devices that
2481 regulate designated parking spaces located within or along the
2482 right-of-way limits of a state road. The commission may retain
2483 such experts as are reasonably necessary to complete the study,
2484 and the department shall pay the expenses of such experts. On or
2485 before August 31, 2013, each municipality and county that
2486 receives revenue from any parking meters or other parking time
2487 limit devices that regulate designated parking spaces located
2488 within or along the right-of-way limits of a state road shall
2489 provide the commission a written inventory of the location of
2490 each such meter or device and the total revenue collected from
2491 such locations during the last 3 fiscal years. Each municipality
2492 and county shall at the same time inform the commission of any
2493 pledge or commitment by the municipality or county of such
2494 revenues to the payment of debt service on any bonds or other
2495 debt issued by the municipality or county. The commission shall
2496 consider the information provided by the municipalities and
2497 counties, together with such other matters as it deems
2498 appropriate, including, but not limited to, the use of variable
2499 rate parking, and shall develop policy recommendations regarding
2500 the manner and extent that revenues generated by regulating
2501 parking within the right-of-way limits of a state road may be
2502 allocated between the department and municipalities and
2503 counties. The commission shall develop specific recommendations
2504 concerning the allocation of revenues generated by meters or
2505 devices regulating such parking that were installed before July
2506 1, 2013, and the allocation of revenues that may be generated by
2507 meters or devices installed after that date. The commission
2508 shall complete the study and provide a written report of its
2509 findings and conclusions to the Governor, the President of the
2510 Senate, the Speaker of the House of Representatives, and the
2511 chairs of each of the appropriations committees of the
2512 Legislature by October 31, 2013.
2513 (2) If, by August 31, 2013, a municipality or county does
2514 not provide the information requested by the commission, the
2515 department is authorized to remove the parking meters or parking
2516 time-limit devices that regulate designated parking spaces
2517 located within or along the right-of-way limits of a state road,
2518 and all costs incurred in connection with the removal shall be
2519 assessed against and collected from the municipality or county.
2520 (3) The Legislature finds that preservation of the status
2521 quo pending the commission’s study and the Legislature’s review
2522 of the commission’s report is appropriate and desirable. From
2523 July 1, 2013, through July 1, 2014, a county or municipality may
2524 not install any parking meters or other parking time-limit
2525 devices that regulate designated parking spaces located within
2526 or along the right-of-way limits of a state road. This
2527 subsection does not prohibit the replacement of meters or
2528 similar devices installed before July 1, 2013, with new devices
2529 that regulate the same designated parking spaces.
2530 Section 60. Ralph Sanchez Way designated; Department of
2531 Transportation to erect suitable markers.—
2532 (1) That portion of U.S. 1 in Miami-Dade County between
2533 South East 2nd Street and North East 3rd Street is designated as
2534 “Ralph Sanchez Way.”
2535 (2) The Department of Transportation is directed to erect
2536 suitable markers designating Ralph Sanchez Way as described in
2537 subsection (1).
2538 Section 61. Paragraph (d) of subsection (6) of section
2539 212.20, Florida Statutes, is amended to read:
2540 212.20 Funds collected, disposition; additional powers of
2541 department; operational expense; refund of taxes adjudicated
2542 unconstitutionally collected.—
2543 (6) Distribution of all proceeds under this chapter and s.
2544 202.18(1)(b) and (2)(b) shall be as follows:
2545 (d) The proceeds of all other taxes and fees imposed
2546 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
2547 and (2)(b) must shall be distributed as follows:
2548 1. In any fiscal year, the greater of $500 million, minus
2549 an amount equal to 4.6 percent of the proceeds of the taxes
2550 collected pursuant to chapter 201, or 5.2 percent of all other
2551 taxes and fees imposed pursuant to this chapter or remitted
2552 pursuant to s. 202.18(1)(b) and (2)(b) must shall be deposited
2553 in monthly installments into the General Revenue Fund.
2554 2. After the distribution under subparagraph 1., 8.814
2555 percent of the amount remitted by a sales tax dealer located
2556 within a participating county pursuant to s. 218.61 must shall
2557 be transferred into the Local Government Half-cent Sales Tax
2558 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
2559 transferred must shall be reduced by 0.1 percent, and the
2560 department shall distribute this amount to the Public Employees
2561 Relations Commission Trust Fund less $5,000 each month, which
2562 must shall be added to the amount calculated in subparagraph 3.
2563 and distributed accordingly.
2564 3. After the distribution under subparagraphs 1. and 2.,
2565 0.095 percent must shall be transferred to the Local Government
2566 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
2567 to s. 218.65.
2568 4. After the distributions under subparagraphs 1., 2., and
2569 3., 2.0440 percent of the available proceeds must shall be
2570 transferred monthly to the Revenue Sharing Trust Fund for
2571 Counties pursuant to s. 218.215.
2572 5. After the distributions under subparagraphs 1., 2., and
2573 3., 1.3409 percent of the available proceeds must shall be
2574 transferred monthly to the Revenue Sharing Trust Fund for
2575 Municipalities pursuant to s. 218.215. If the total revenue to
2576 be distributed pursuant to this subparagraph is at least as
2577 great as the amount due from the Revenue Sharing Trust Fund for
2578 Municipalities and the former Municipal Financial Assistance
2579 Trust Fund in state fiscal year 1999-2000, a no municipality may
2580 not shall receive less than the amount due from the Revenue
2581 Sharing Trust Fund for Municipalities and the former Municipal
2582 Financial Assistance Trust Fund in state fiscal year 1999-2000.
2583 If the total proceeds to be distributed are less than the amount
2584 received in combination from the Revenue Sharing Trust Fund for
2585 Municipalities and the former Municipal Financial Assistance
2586 Trust Fund in state fiscal year 1999-2000, each municipality
2587 shall receive an amount proportionate to the amount it was due
2588 in state fiscal year 1999-2000.
2589 6. Of the remaining proceeds:
2590 a. In each fiscal year, the sum of $29,915,500 must shall
2591 be divided into as many equal parts as there are counties in the
2592 state, and one part must shall be distributed to each county.
2593 The distribution among the several counties must begin each
2594 fiscal year on or before January 5th and continue monthly for a
2595 total of 4 months. If a local or special law required that any
2596 moneys accruing to a county in fiscal year 1999-2000 under the
2597 then-existing provisions of s. 550.135 be paid directly to the
2598 district school board, special district, or a municipal
2599 government, such payment must continue until the local or
2600 special law is amended or repealed. The state covenants with
2601 holders of bonds or other instruments of indebtedness issued by
2602 local governments, special districts, or district school boards
2603 before July 1, 2000, that it is not the intent of this
2604 subparagraph to adversely affect the rights of those holders or
2605 relieve local governments, special districts, or district school
2606 boards of the duty to meet their obligations as a result of
2607 previous pledges or assignments or trusts entered into which
2608 obligated funds received from the distribution to county
2609 governments under then-existing s. 550.135. This distribution
2610 specifically is in lieu of funds distributed under s. 550.135
2611 before July 1, 2000.
2612 b. The department shall, pursuant to s. 288.1162,
2613 distribute $166,667 monthly pursuant to s. 288.1162 to each
2614 applicant certified as a facility for a new or retained
2615 professional sports franchise pursuant to s. 288.1162. Up to
2616 $41,667 must shall be distributed monthly by the department to
2617 each certified applicant as defined in s. 288.11621 for a
2618 facility for a spring training franchise. However, not more than
2619 $416,670 may be distributed monthly in the aggregate to all
2620 certified applicants for facilities for spring training
2621 franchises. Distributions begin 60 days after such certification
2622 and continue for not more than 30 years, except as otherwise
2623 provided in s. 288.11621. A certified applicant identified in
2624 this sub-subparagraph may not receive more in distributions than
2625 expended by the applicant for the public purposes provided for
2626 in s. 288.1162 288.1162(5) or s. 288.11621(3).
2627 c. Beginning 30 days after notice by the Department of
2628 Economic Opportunity to the Department of Revenue that an
2629 applicant has been certified as the professional golf hall of
2630 fame pursuant to s. 288.1168 and is open to the public, $166,667
2631 must shall be distributed monthly, for up to 300 months, to the
2632 applicant.
2633 d. Beginning 30 days after notice by the Department of
2634 Economic Opportunity to the Department of Revenue that the
2635 applicant has been certified as the International Game Fish
2636 Association World Center facility pursuant to s. 288.1169, and
2637 the facility is open to the public, $83,333 must shall be
2638 distributed monthly, for up to 168 months, to the applicant.
2639 This distribution is subject to reduction pursuant to s.
2640 288.1169. A lump sum payment of $999,996 must shall be made,
2641 after certification and before July 1, 2000.
2642 e. Beginning 45 days after notice by the Department of
2643 Economic Opportunity to the Department of Revenue that an
2644 applicant has been approved by the Legislature and certified by
2645 the Department of Economic Opportunity under s. 288.11625, the
2646 department shall distribute each month an amount equal to one
2647 twelfth the annual distribution amount certified by the
2648 Department of Economic Opportunity for the applicant. The
2649 department may not distribute more than $13 million annually to
2650 all applicants approved by the Legislature and certified by the
2651 Department of Economic Opportunity pursuant to s. 288.11625.
2652 7. All other proceeds must remain in the General Revenue
2653 Fund.
2654 Section 62. Section 288.11625, Florida Statutes, is created
2655 to read:
2656 288.11625 Sports development.—
2657 (1) ADMINISTRATION.—The department shall serve as the state
2658 agency responsible for screening applicants for state funding
2659 under s. 212.20(6)(d)6.e.
2660 (2) DEFINITIONS.—As used in this section, the term:
2661 (a) “Agreement” means a signed agreement between a unit of
2662 local government and a beneficiary.
2663 (b) “Applicant” means a unit of local government, as
2664 defined in s. 218.369, which is responsible for the
2665 construction, management, or operation of a facility; or an
2666 entity that is responsible for the construction, management, or
2667 operation of a facility if a unit of local government holds
2668 title to the underlying property on which the facility is
2669 located.
2670 (c) “Beneficiary” means a professional sports franchise of
2671 the National Football League, the National Hockey League, the
2672 National Basketball Association, the National League or American
2673 League of Major League Baseball, Major League Soccer, or the
2674 National Association for Stock Car Auto Racing, or a nationally
2675 recognized professional sports association that occupies or uses
2676 a facility as the facility’s primary tenant. A beneficiary may
2677 also be an applicant under this section.
2678 (d) “Facility” means a facility primarily used to host
2679 games or events held by a beneficiary and does not include any
2680 portion used to provide transient lodging.
2681 (e) “Project” means a proposed construction,
2682 reconstruction, renovation, or improvement of a facility, or the
2683 proposed acquisition of land to construct a new facility.
2684 (f) “Signature event” means a professional sports event
2685 with significant export factor potential. For purposes of this
2686 paragraph, the term “export factor” means the attraction of
2687 economic activity or growth into the state which otherwise would
2688 not have occurred. Examples of signature events may include, but
2689 are not limited to:
2690 1. National Football League Super Bowls.
2691 2. Professional sports All-Star games.
2692 3. International sporting events and tournaments.
2693 4. Professional automobile race championships or Formula 1
2694 Grand Prix.
2695 5. The establishment of a new professional sports franchise
2696 in this state.
2697 (g) “State sales taxes generated by sales at the facility”
2698 means state sales taxes imposed under chapter 212 generated by
2699 admissions to the facility or by sales made by vendors at the
2700 facility who are accessible to persons attending events
2701 occurring at the facility.
2702 (3) PURPOSE.—The purpose of this section is to provide
2703 applicants state funding under s. 212.20(6)(d)6.e. for the
2704 public purpose of constructing, reconstructing, renovating, or
2705 improving a facility.
2706 (4) APPLICATION AND APPROVAL PROCESS.—
2707 (a) The department shall establish the procedures and
2708 application forms deemed necessary pursuant to the requirements
2709 of this section. The department may notify an applicant of any
2710 additional required or incomplete information necessary to
2711 evaluate an application.
2712 (b) The annual application period is from June 1 through
2713 November 1.
2714 (c) Within 60 days after receipt of a completed
2715 application, the department shall complete its evaluation of the
2716 application as provided under subsection (5) and notify the
2717 applicant in writing of the department’s decision to recommend
2718 approval of the applicant by the Legislature or to deny the
2719 application.
2720 (d) Annually by February 1, the department shall rank the
2721 applicants and shall provide to the Legislature the list of the
2722 recommended applicants in ranked order of projects most likely
2723 to positively impact the state based on required criteria
2724 established in this section. The list must include the
2725 department’s evaluation of the applicant.
2726 (e) A recommended applicant’s request for funding must be
2727 approved by the Legislature by general law.
2728 1. An application by a unit of local government which is
2729 approved by the Legislature and subsequently certified by the
2730 department remains certified for the duration of the
2731 beneficiary’s agreement with the applicant or for 30 years,
2732 whichever is less, provided the certified applicant has an
2733 agreement with a beneficiary at the time of initial
2734 certification by the department.
2735 2. An application by a beneficiary which is approved by the
2736 Legislature and subsequently certified by the department remains
2737 certified for the duration of the beneficiary’s agreement with
2738 the unit of local government that owns the underlying property
2739 or for 30 years, whichever is less, provided the certified
2740 applicant has an agreement with the unit of local government at
2741 the time of initial certification by the department.
2742 3. An applicant that is previously certified pursuant to
2743 this section does not need legislative approval each year to
2744 receive state funding.
2745 (f) An applicant that is recommended by the department but
2746 is not approved by the Legislature may reapply and update any
2747 information in the original application as required by the
2748 department.
2749 (g) The department may recommend no more than one
2750 distribution under this section for any applicant, facility, or
2751 beneficiary at a time.
2752 (5) EVALUATION PROCESS.—
2753 (a) Before recommending an applicant to receive a state
2754 distribution under s. 212.20(6)(d)6.e., the department must
2755 verify that:
2756 1. The applicant or beneficiary is responsible for the
2757 construction, reconstruction, renovation, or improvement of a
2758 facility.
2759 2. If the applicant is also the beneficiary, a unit of
2760 local government holds title to the property on which the
2761 facility and project are located.
2762 3. If the applicant is a unit of local government in whose
2763 jurisdiction the facility will be located, the unit of local
2764 government has an exclusive intent agreement to negotiate in
2765 this state with the beneficiary.
2766 4. The unit of local government in whose jurisdiction the
2767 facility will be located supports the application for state
2768 funds. Such support must be verified by the adoption of a
2769 resolution after a public hearing that the project serves a
2770 public purpose.
2771 5. The applicant or beneficiary has not previously
2772 defaulted or failed to meet any statutory requirements of a
2773 previous state-administered sports-related program under s.
2774 288.1162, s. 288.11621, or s. 288.1168.
2775 6. The applicant or beneficiary has sufficiently
2776 demonstrated a commitment to employ residents of this state,
2777 contract with Florida-based firms, and purchase locally
2778 available building materials to the greatest extent possible.
2779 7. If the applicant is a unit of local government, the
2780 applicant has a certified copy of a signed agreement with a
2781 beneficiary for the use of the facility. If the applicant is a
2782 beneficiary, the beneficiary must enter into an agreement with
2783 the department. The applicant’s or beneficiary’s agreement must
2784 also require the following:
2785 a. The beneficiary must reimburse the state for state funds
2786 that have been distributed and will be distributed if the
2787 beneficiary relocates before the agreement expires.
2788 b. The beneficiary must pay for signage or advertising
2789 within the facility. The signage or advertising must be placed
2790 in a prominent location as close to the field of play or
2791 competition as is practical, displayed consistent with signage
2792 or advertising in the same location and like value, and must
2793 feature Florida advertising approved by the Florida Tourism
2794 Industry Marketing Corporation.
2795 8. The project will commence within 12 months after
2796 receiving state funds.
2797 9. The project for which the applicant is seeking state
2798 funding did not commence construction before July 1, 2013, or
2799 before the annual application period for which the applicant is
2800 applying.
2801 (b) The department shall competitively evaluate and rank
2802 applicants that submit applications for state funding which are
2803 received during the application period using the following
2804 criteria to evaluate the applicant’s ability to positively
2805 impact the state:
2806 1. The proposed use of state funds.
2807 2. The length of time that a beneficiary has agreed to use
2808 the facility.
2809 3. The percentage of total project funds provided by the
2810 applicant and the percentage of total project funds provided by
2811 the beneficiary.
2812 4. The number and type of signature events the facility is
2813 likely to attract during the duration of the agreement with the
2814 beneficiary.
2815 5. The anticipated increase in average annual ticket sales
2816 and attendance at the facility due to the project.
2817 6. The potential to attract out-of-state visitors to the
2818 facility.
2819 7. The length of time a beneficiary has been in the state
2820 or partnered with the unit of local government. In order to
2821 encourage new franchises to locate in this state, an application
2822 for a new franchise shall be considered to have a significant
2823 positive impact on the state and shall be given priority in the
2824 evaluation and ranking by the department.
2825 8. The multiuse capabilities of the facility.
2826 9. The facility’s projected employment of residents of this
2827 state, contracts with Florida-based firms, and purchases of
2828 locally available building materials.
2829 10. The amount of private and local financial or in-kind
2830 contributions to the project.
2831 11. The amount of positive advertising or media coverage
2832 the facility generates.
2833 (6) DISTRIBUTION.—
2834 (a) The department shall determine the annual distribution
2835 amount an applicant may receive based on the total cost of the
2836 project.
2837 1. If the total project cost is $200 million or greater,
2838 the applicant is eligible to receive annual distributions equal
2839 to the new incremental state sales taxes generated by sales at
2840 the facility during 12 months as provided under subparagraph
2841 (b)2., up to $3 million.
2842 2. If the total project cost is at least $100 million but
2843 less than $200 million, the applicant is eligible to receive
2844 annual distributions equal to the new incremental state sales
2845 taxes generated by sales at the facility during 12 months as
2846 provided under subparagraph (b)2., up to $2 million.
2847 3. If the total project cost is less than $100 million, the
2848 applicant is eligible to receive annual distributions equal to
2849 the new incremental state sales taxes generated by sales at the
2850 facility during 12 months as provided under subparagraph (b)2.,
2851 up to $1 million.
2852 (b) At the time of initial evaluation and review by the
2853 department pursuant to subsection (5), the applicant must
2854 provide an analysis by an independent certified public
2855 accountant which demonstrates:
2856 1. The amount of state sales taxes generated by sales at
2857 the facility during the 12-month period immediately prior to the
2858 beginning of the application period. This amount is the
2859 baseline.
2860 2. The expected amount of new incremental state sales taxes
2861 generated by sales at the facility above the baseline which will
2862 be generated as a result of the project.
2863 (c) The independent analysis provided in paragraph (b) must
2864 be verified by the department.
2865 (d) The Department of Revenue shall begin distributions
2866 within 45 days after notification of initial certification from
2867 the department.
2868 (e) The department must consult with the Department of
2869 Revenue and the Office of Economic and Demographic Research to
2870 develop a standard calculation for estimating new incremental
2871 state sales taxes generated by sales at the facility and
2872 adjustments to distributions.
2873 (f) In any 12-month period when total distributions for all
2874 certified applicants equal $13 million, the department may not
2875 certify new distributions for any additional applicants.
2876 (7) CONTRACT.—An applicant approved by the Legislature and
2877 certified by the department must enter into a contract with the
2878 department which:
2879 (a) Specifies the terms of the state’s investment.
2880 (b) States the criteria that the certified applicant must
2881 meet in order to remain certified.
2882 (c) Requires the applicant to submit the independent
2883 analysis required under subsection (6) and an annual independent
2884 analysis.
2885 1. The applicant must agree to submit to the department,
2886 beginning 12 months after completion of a project or 12 months
2887 after the first four annual distributions, whichever is earlier,
2888 an annual analysis by an independent certified public accountant
2889 demonstrating the actual amount of new incremental state sales
2890 taxes generated by sales at the facility during the previous 12
2891 month period. The applicant shall certify to the department a
2892 comparison of the actual amount of state sales taxes generated
2893 by sales at the facility during the previous 12-month period to
2894 the baseline under subparagraph (6)(b)1.
2895 2. The applicant must submit the certification within 60
2896 days after the end of the previous 12-month period. The
2897 department shall verify the analysis.
2898 (d) Specifies information that the certified applicant must
2899 report to the department.
2900 (e) Requires the applicant to reimburse the state for the
2901 amount each year that the actual new incremental state sales
2902 taxes generated by sales at the facility during the most recent
2903 12-month period was less than the annual distribution under
2904 paragraph (6)(a). This requirement applies 12 months after
2905 completion of a project or 12 months after the first four annual
2906 distributions, whichever is earlier.
2907 1. If the applicant is unable or unwilling to reimburse the
2908 state in any year for the amount equal to the difference between
2909 the actual new incremental state sales taxes generated by sales
2910 at the facility and the annual distribution under paragraph
2911 (6)(a), the department may place a lien on the applicant’s
2912 facility.
2913 2. If the applicant is a municipality or county, it may
2914 reimburse the state from its half-cent sales tax allocation, as
2915 provided in s. 218.64(3).
2916 3. Reimbursements must be sent to the Department of Revenue
2917 for deposit into the General Revenue Fund.
2918 (f) Includes any provisions deemed prudent by the
2919 department.
2920 (8) USE OF FUNDS.—An applicant certified under this section
2921 may use state funds only for the following purposes:
2922 (a) Constructing, reconstructing, renovating, or improving
2923 a facility, or reimbursing such costs.
2924 (b) Paying or pledging for the payment of debt service on,
2925 or to fund debt service reserve funds, arbitrage rebate
2926 obligations, or other amounts payable with respect thereto,
2927 bonds issued for the construction or renovation of such
2928 facility; or for the reimbursement of such costs or the
2929 refinancing of bonds issued for such purposes.
2930 (9) REPORTS.—
2931 (a) On or before November 1 of each year, an applicant
2932 certified under this section and approved to receive state funds
2933 must submit to the department any information required by the
2934 department. The department shall summarize this information for
2935 inclusion in the report to the Legislature due February 1 under
2936 paragraph (4)(d).
2937 (b) Every 5 years following the first month that an
2938 applicant receives a monthly distribution, the department must
2939 verify that the applicant is meeting the program requirements.
2940 If the applicant is not meeting program requirements, the
2941 department must notify the Governor and Legislature of the
2942 requirements not being met and must recommend future action as
2943 part of the report to the Legislature due February 1 pursuant to
2944 paragraph (4)(d). The department shall consider exceptions that
2945 may have prevented the applicant from meeting the program
2946 requirements. Such exceptions include:
2947 1. Force majeure events.
2948 2. Significant economic downturn.
2949 3. Other extenuating circumstances.
2950 (10) AUDITS.—The Auditor General may conduct audits
2951 pursuant to s. 11.45 to verify the independent analysis required
2952 under paragraphs (6)(b) and (7)(c) and to verify that the
2953 distributions are expended as required. The Auditor General
2954 shall report the findings to the department. If the Auditor
2955 General determines that the distribution payments are not
2956 expended as required, the Auditor General must notify the
2957 Department of Revenue, which may pursue recovery of
2958 distributions under the laws and rules that govern the
2959 assessment of taxes.
2960 (11) REPAYMENT OF DISTRIBUTIONS.—An applicant that is
2961 certified under this section may be subject to repayment of
2962 distributions upon the occurrence of any of the following:
2963 (a) An applicant’s beneficiary has broken the terms of its
2964 agreement with the applicant and relocated from the facility.
2965 The beneficiary must reimburse the state for state funds that
2966 have been distributed and will be distributed if the beneficiary
2967 relocates before the agreement expires.
2968 (b) The department has determined that an applicant has
2969 submitted any information or made a representation that is
2970 determined to be false, misleading, deceptive, or otherwise
2971 untrue. The applicant must reimburse the state for state funds
2972 that have been distributed and will be distributed if such
2973 determination is made.
2974 (12) HALTING OF PAYMENTS.—The applicant may request to halt
2975 future distributions by providing the department with written
2976 notice at least 20 days prior to the next monthly distribution
2977 payment. The department must immediately notify the Department
2978 of Revenue to halt future payments.
2979 (13) RULEMAKING.—The department may adopt rules to
2980 implement this section.
2981 Section 63. Contingent upon enactment of the Economic
2982 Development Program Evaluation as set forth in SB 406 or similar
2983 legislation, section 288.116255, Florida Statutes, is created to
2984 read:
2985 288.116255 Sports Development Program Evaluation.—Beginning
2986 in 2015, the Sports Development Program must be evaluated as
2987 part of the Economic Development Program Evaluation, and every 3
2988 years thereafter.
2989 Section 64. Subsections (2) and (3) of section 218.64,
2990 Florida Statutes, are amended to read:
2991 218.64 Local government half-cent sales tax; uses;
2992 limitations.—
2993 (2) Municipalities shall expend their portions of the local
2994 government half-cent sales tax only for municipality-wide
2995 programs, for reimbursing the state as required by a contract
2996 pursuant to s. 288.11625(7), or for municipality-wide property
2997 tax or municipal utility tax relief. All utility tax rate
2998 reductions afforded by participation in the local government
2999 half-cent sales tax shall be applied uniformly across all types
3000 of taxed utility services.
3001 (3) Subject to ordinances enacted by the majority of the
3002 members of the county governing authority and by the majority of
3003 the members of the governing authorities of municipalities
3004 representing at least 50 percent of the municipal population of
3005 such county, counties may use up to $3 $2 million annually of
3006 the local government half-cent sales tax allocated to that
3007 county for funding for any of the following purposes applicants:
3008 (a) Funding a certified applicant as a facility for a new
3009 or retained professional sports franchise under s. 288.1162 or a
3010 certified applicant as defined in s. 288.11621 for a facility
3011 for a spring training franchise. It is the Legislature’s intent
3012 that the provisions of s. 288.1162, including, but not limited
3013 to, the evaluation process by the Department of Economic
3014 Opportunity except for the limitation on the number of certified
3015 applicants or facilities as provided in that section and the
3016 restrictions set forth in s. 288.1162(8), shall apply to an
3017 applicant’s facility to be funded by local government as
3018 provided in this subsection.
3019 (b) Funding a certified applicant as a “motorsport
3020 entertainment complex,” as provided for in s. 288.1171. Funding
3021 for each franchise or motorsport complex shall begin 60 days
3022 after certification and shall continue for not more than 30
3023 years.
3024 (c) Reimbursing the state as required by a contract
3025 pursuant to s. 288.11625(7).
3026 Section 65. (1) The executive director of the Department of
3027 Economic Opportunity may, and all conditions are deemed met,
3028 adopt emergency rules pursuant to ss. 120.536(1) and 120.54(4),
3029 Florida Statutes, for the purpose of implementing this act.
3030 (2) Notwithstanding any provision of law, such emergency
3031 rules remain in effect for 6 months after the date adopted and
3032 may be renewed during the pendency of procedures to adopt
3033 permanent rules addressing the subject of the emergency rules.
3034 Section 66. Effective upon becoming a law, the Legislature
3035 hereby enacts a moratorium on the assessment or enforcement of
3036 the communications services tax on the sale of prepaid wireless
3037 communications services sold without a written contract by
3038 dealers registered with the Department of Revenue. However, any
3039 seller of prepaid wireless communications services must collect
3040 and remit taxes pursuant to chapter 202 or chapter 212, Florida
3041 Statutes. During the period that the moratorium is in effect,
3042 the provisions of s. 95.091, Florida Statutes, are tolled with
3043 respect to the issues covered by the moratorium. This section is
3044 repealed June 30, 2014.
3045 Section 67. Blue square critical motorist medical
3046 information program; blue square decal, folder, and information
3047 form.—
3048 (1) The governing body of a county may create a blue square
3049 critical motorist medical information program to assist
3050 emergency medical responders and drivers and passengers who
3051 participate in the program by making critical medical
3052 information readily available to a responder in the event of a
3053 motor vehicle accident or a medical emergency involving a
3054 participant’s vehicle.
3055 (2)(a) The governing body of a county may solicit
3056 sponsorships from interested business entities and not-for
3057 profit organizations to cover costs of the program, including
3058 the cost of the blue square decals and folders that shall be
3059 provided free of charge to participants. Two or more counties
3060 may enter into an interlocal agreement to solicit such
3061 sponsorships.
3062 (b) The Department of Transportation may provide education
3063 and training to encourage emergency medical responders to
3064 participate in the program and may take reasonable measures to
3065 publicize the program.
3066 (3)(a) Any owner or lessee of a motor vehicle may
3067 participate in the program upon submission of an application and
3068 documentation, in the form and manner prescribed by the
3069 governing body of the county.
3070 (b) The application form shall include a statement that the
3071 information submitted will be disclosed only to authorized
3072 personnel of law enforcement and public safety agencies,
3073 emergency medical services agencies, and hospitals for the
3074 purposes authorized in subsection (5).
3075 (c) The application form shall describe the confidential
3076 nature of the medical information voluntarily provided by the
3077 participant and shall state that, by providing the medical
3078 information, the participant has authorized the use and
3079 disclosure of the medical information to authorized personnel
3080 solely for the purposes listed in subsection (5). The
3081 application form shall also require the participant’s express
3082 written consent for such use and disclosure.
3083 (d) The county may not charge any fee to participate in the
3084 blue square program.
3085 (4) A participant shall receive a blue square decal, a blue
3086 square folder, and a form with the participant’s information.
3087 (a) The participant shall affix the decal onto the rear
3088 window in the left lower corner of a motor vehicle or in a
3089 clearly visible location on a motorcycle.
3090 (b) A person who rides in a motor vehicle as a passenger
3091 may also participate in the program but may not be issued a
3092 decal if a decal is issued to the owner or lessee of the motor
3093 vehicle in which the person rides.
3094 (c) The blue square folder, which shall be stored in the
3095 glove compartment of the motor vehicle or in a compartment
3096 attached to a motorcycle, shall contain a form with the
3097 following information about the participant:
3098 1. The participant’s name.
3099 2. The participant’s photograph.
3100 3. Emergency contact information of no more than two
3101 persons for the participant.
3102 4. The participant’s medical information, including medical
3103 conditions, recent surgeries, allergies, and medications being
3104 taken.
3105 5. The participant’s hospital preference.
3106 6. Contact information for no more than two physicians for
3107 the participant.
3108 (5)(a) If a driver or passenger of a motor vehicle becomes
3109 involved in a motor vehicle accident or emergency situation, and
3110 a blue square decal is affixed to the vehicle, an emergency
3111 medical responder at the scene is authorized to search the glove
3112 compartment of the vehicle for the corresponding blue square
3113 folder.
3114 (b) An emergency medical responder at the scene may use the
3115 information in the blue square folder for the following purposes
3116 only:
3117 1. To positively identify the participant.
3118 2. To ascertain whether the participant has a medical
3119 condition that might impede communications between the
3120 participant and the responder.
3121 3. To inform the participant’s emergency contacts about the
3122 location, condition, or death of the participant.
3123 4. To learn the nature of any medical information reported
3124 by the participant on the form.
3125 5. To ensure that the participant’s current medications and
3126 preexisting medical conditions are considered when emergency
3127 medical treatment is administered for any injury to or condition
3128 of the participant.
3129 (6) Except for wanton or willful conduct, an emergency
3130 medical responder or the employer of a responder does not incur
3131 any liability if a responder is unable to make contact, in good
3132 faith, with a participant’s emergency contact person, or if a
3133 responder disseminates or fails to disseminate any information
3134 from the blue square folder to any other emergency medical
3135 responder, hospital, or healthcare provider who renders
3136 emergency medical treatment to the participant.
3137 (7) The governing body of a participating county shall
3138 adopt guidelines and procedures for ensuring that any
3139 information that is confidential is not made public through the
3140 program.
3141 (8) This section shall take effect July 1, 2014, or on the
3142 same date that legislation which exempts the information
3143 required under the blue square critical motorist medical
3144 information program from s. 119.071(1), Florida Statutes, and s.
3145 24(a), Article I of the State Constitution, takes effect,
3146 whichever occurs later, if such legislation is adopted in the
3147 2014 Regular Session of the Legislature or an extension thereof
3148 and becomes law.
3149 Section 68. Except as otherwise expressly provided in this
3150 act, this act shall take effect upon becoming law.
3151
3152
3153 ================= T I T L E A M E N D M E N T ================
3154 And the title is amended as follows:
3155 Delete everything before the enacting clause
3156 and insert:
3157 A bill to be entitled
3158 An act relating to economic development; repealing s.
3159 11.45(3)(m), F.S., relating to the authority of the
3160 Auditor General to conduct audits of transportation
3161 corporations under the Florida Transportation
3162 Corporation Act; amending s. 20.23, F.S.; deleting the
3163 Florida Statewide Passenger Rail Commission; amending
3164 s. 110.205, F.S.; changing a title to the State
3165 Freight and Logistics Administrator from the State
3166 Public Transportation and Modal Administrator, which
3167 is an exempt position not covered under career
3168 service; amending s. 125.42, F.S.; requiring utility
3169 and television lines to be removed from county roads
3170 and highways at no cost to the county if the county
3171 finds the lines to be unreasonably interfering with
3172 the widening, repair, or reconstruction of any such
3173 road; amending s. 125.35, F.S.; providing that a
3174 county may include a commercial development that is
3175 ancillary to a professional sports facility in the
3176 lease of a sports facility under certain
3177 circumstances; amending s. 316.515, F.S.; providing
3178 that a straight truck may attach a forklift to the
3179 rear of the cargo bed if it does not exceed a
3180 specified length; repealing s. 316.530(3), F.S.,
3181 relating to load limits for certain towed vehicles;
3182 amending s. 316.545, F.S.; increasing the weight
3183 amount used for penalty calculations; conforming
3184 terminology; amending s. 331.360, F.S.; reordering
3185 provisions; providing for a spaceport system plan;
3186 providing funding for space transportation projects
3187 from the State Transportation Trust Fund; requiring
3188 Space Florida to provide the Department of
3189 Transportation with specific project information and
3190 to demonstrate transportation and aerospace benefits;
3191 specifying the information to be provided; providing
3192 funding criteria; amending s. 332.007, F.S.;
3193 authorizing the Department of Transportation to fund
3194 strategic airport investments; providing criteria;
3195 amending s. 334.044, F.S.; prohibiting the department
3196 from entering into a lease-purchase agreement with
3197 certain transportation authorities after a specified
3198 time; providing an exception from the requirement to
3199 purchase all plant materials from Florida commercial
3200 nursery stock when prohibited by applicable federal
3201 law or regulation; revising requirements for and due
3202 date of Freight Mobility and Trade Plan; amending s.
3203 335.06, F.S.; revising the responsibilities of the
3204 Department of Transportation, a county, or a
3205 municipality to improve or maintain a road that
3206 provides access to property within the state park
3207 system; amending s. 337.11, F.S.; removing the
3208 requirement that a contractor provide a notarized
3209 affidavit as proof of registration; amending s.
3210 337.14, F.S.; revising the criteria for bidding
3211 certain construction contracts to require a proposed
3212 budget estimate if a contract is more than a specified
3213 amount; amending s. 337.168, F.S.; providing that a
3214 document that reveals the identity of a person who has
3215 requested or received certain information before a
3216 certain time is a public record; amending s. 337.25,
3217 F.S.; authorizing the Department of Transportation to
3218 use auction services in the conveyance of certain
3219 property or leasehold interests; revising certain
3220 inventory requirements; revising provisions and
3221 providing criteria for the department to dispose of
3222 certain excess property; providing such criteria for
3223 the disposition of donated property, property used for
3224 a public purpose, or property acquired to provide
3225 replacement housing for certain displaced persons;
3226 providing value offsets for property that requires
3227 significant maintenance costs or exposes the
3228 department to significant liability; providing
3229 procedures for the sale of property to abutting
3230 property owners; deleting provisions to conform to
3231 changes made by the act; providing monetary
3232 restrictions and criteria for the conveyance of
3233 certain leasehold interests; providing exceptions to
3234 restrictions for leases entered into for a public
3235 purpose; providing criteria for the preparation of
3236 estimates of value prepared by the department;
3237 providing that the requirements of s. 73.013, F.S.,
3238 relating to eminent domain, are not modified; amending
3239 s. 337.251, F.S.; revising criteria for leasing
3240 particular department property; increasing the time
3241 the department must accept proposals for lease after a
3242 notice is published; authorizing the department to
3243 establish an application fee by rule; providing
3244 criteria for the fee; providing criteria that the
3245 lease must meet; amending s. 337.403, F.S.; revising
3246 the conditions under which an authority may bear the
3247 costs of utility work required to eliminate an
3248 unreasonable interference when the utility is unable
3249 to establish that it has a compensable property right
3250 in the property where the utility is located;
3251 requiring the department to pay the expenses of
3252 utility work necessitated by certain federally-funded
3253 projects under certain conditions; prohibiting the use
3254 of state dollars for such work; providing the
3255 subsection does not apply to any phase of the SunRail
3256 project; authorizing the department to pay the cost of
3257 utility work necessitated by a department project on
3258 the State Highway System for a city- or county-owned
3259 utility located in a rural area of critical economic
3260 concern designated pursuant to s. 288.0656, F.S.;
3261 amending s. 338.161, F.S.; authorizing the department
3262 to enter into agreements with owners of public or
3263 private transportation facilities under which the
3264 department uses its electronic toll collection and
3265 video billing systems to collect for the owner certain
3266 charges for use of the owners’ transportation
3267 facilities; amending s. 338.165, F.S.; removing the
3268 Beeline-East Expressway and the Navarre Bridge from
3269 the list of facilities that have toll revenues to
3270 secure their bonds; amending s. 338.26, F.S.; revising
3271 the uses of fees that are generated from tolls to
3272 include the design and construction of a fire station
3273 that may be used by certain local governments in
3274 accordance with a specified memorandum; removing
3275 authority of a district to issue bonds or notes;
3276 amending s. 339.175, F.S.; revising the criteria that
3277 qualify a local government for participation in a
3278 metropolitan planning organization; revising the
3279 criteria to determine voting membership of a
3280 metropolitan planning organization; providing that
3281 each metropolitan planning organization shall review
3282 its membership and reapportion it as necessary;
3283 providing criteria; relocating the requirement that
3284 the Governor review and apportion the voting
3285 membership among the various governmental entities
3286 within the metropolitan planning area; amending s.
3287 339.2821, F.S.; authorizing Enterprise Florida, Inc.,
3288 to be a consultant to the Department of Transportation
3289 for consideration of expenditures associated with and
3290 contracts for transportation projects; revising the
3291 requirements for economic development transportation
3292 project contracts between the department and a
3293 governmental entity; repealing the Florida
3294 Transportation Corporation Act; repealing s. 339.401,
3295 F.S., relating to the short title; repealing s.
3296 339.402, F.S., relating to definitions; repealing s.
3297 339.403, F.S., relating to legislative findings and
3298 purpose; repealing s. 339.404, F.S., relating to
3299 authorization of corporations; repealing s. 339.405,
3300 F.S., relating to type and structure of the
3301 corporation and income; repealing s. 339.406, F.S.,
3302 relating to contracts between the department and the
3303 corporation; repealing s. 339.407, F.S., relating to
3304 articles of incorporation; repealing s. 339.408, F.S.,
3305 relating to the board of directors and advisory
3306 directors; repealing s. 339.409, F.S., relating to
3307 bylaws; repealing s. 339.410, F.S., relating to notice
3308 of meetings and open records; repealing s. 339.411,
3309 F.S., relating to the amendment of articles; repealing
3310 s. 339.412, F.S., relating to the powers of the
3311 corporation; repealing s. 339.414, F.S., relating to
3312 use of state property; repealing s. 339.415, F.S.,
3313 relating to exemptions from taxation; repealing s.
3314 339.416, F.S., relating to the authority to alter or
3315 dissolve corporations; repealing s. 339.417, F.S.,
3316 relating to the dissolution of a corporation upon the
3317 completion of purposes; repealing s. 339.418, F.S.,
3318 relating to transfer of funds and property upon
3319 dissolution; repealing s. 339.419, F.S., relating to
3320 department rules; repealing s. 339.420, F.S., relating
3321 to construction; repealing s. 339.421, F.S., relating
3322 to issuance of debt; amending s. 339.55, F.S.; adding
3323 spaceports to the list of facility types for which the
3324 state-funded infrastructure bank may lend capital
3325 costs or provide credit enhancements; amending s.
3326 341.031, F.S.; revising the definition of the term
3327 “intercity bus service”; amending s. 341.052, F.S.;
3328 prohibiting an eligible public transit provider from
3329 using public transit block grant funds for a political
3330 advertisement or electioneering communication
3331 concerning an issue, referendum, or amendment,
3332 including any state question, that is subject to a
3333 vote of the electors; requiring the amount of the
3334 provider’s grant to be reduced by any amount so spent;
3335 defining the term “public funds” for purposes of the
3336 prohibition; providing an exception; amending s.
3337 341.053, F.S.; revising the types of eligible projects
3338 and criteria of the intermodal development program;
3339 amending s. 341.8203, F.S.; defining “communication
3340 facilities” and “railroad company” as used in the
3341 Florida Rail Enterprise Act; prohibiting owners of
3342 communication facilities from offering certain
3343 services to persons unrelated to a high-speed rail
3344 system; amending s. 341.822, F.S.; requiring the rail
3345 enterprise to establish a process to issue permits for
3346 railroad companies to construct communication
3347 facilities within a high speed rail system; providing
3348 rulemaking authority; providing for fees for issuing a
3349 permit; creating s. 341.825, F.S.; providing for a
3350 permit authorizing the permittee to locate, construct,
3351 operate, and maintain communication facilities within
3352 a new or existing high speed rail system; providing
3353 for application procedures and fees; providing for the
3354 effects of a permit; providing an exemption from local
3355 land use and zoning regulations; authorizing the
3356 enterprise to permit variances and exemptions from
3357 rules of the enterprise or other agencies; providing
3358 that a permit is in lieu of licenses, permits,
3359 certificates, or similar documents required under
3360 specified laws; providing for a modification of a
3361 permit; amending s. 341.840, F.S.; conforming a cross
3362 reference; amending s. 343.922, F.S.; removing a
3363 reference to advances from the Toll Facilities
3364 Revolving Trust Fund as a source of funding for
3365 certain projects by an authority; amending s. 348.53,
3366 F.S.; authorizing the Tampa-Hillsborough County
3367 Expressway Authority to facilitate transportation,
3368 including managed lanes and other transit supporting
3369 facilities, excluding rail or other rail related
3370 facilities; amending s. 348.565, F.S.; revising the
3371 name of the Lee Roy Selmon Crosstown Expressway;
3372 amending s. 348.754, F.S.; extending, to 99 years from
3373 40 years, the term of a lease agreement; amending s.
3374 373.4137, F.S.; providing legislative intent that
3375 mitigation be implemented in a manner that promotes
3376 efficiency, timeliness, and cost-effectiveness in
3377 project delivery; revising the criteria of the
3378 environmental impact inventory; revising the criteria
3379 for mitigation of projected impacts identified in the
3380 environmental impact inventory; requiring the
3381 Department of Transportation to include funding for
3382 environmental mitigation for its projects in its work
3383 program; revising the process and criteria for the
3384 payment by the department or participating
3385 transportation authorities of mitigation implemented
3386 by water management districts or the Department of
3387 Environmental Protection; revising the requirements
3388 for the payment to a water management district or the
3389 Department of Environmental Protection of the costs of
3390 mitigation planning and implementation of the
3391 mitigation required by a permit; revising the payment
3392 criteria for preparing and implementing mitigation
3393 plans adopted by water management districts for
3394 transportation impacts based on the environmental
3395 impact inventory; adding federal requirements for the
3396 development of a mitigation plan; providing for
3397 transportation projects in the environmental
3398 mitigation plan for which mitigation has not been
3399 specified; revising a water management district’s
3400 responsibilities relating to a mitigation plan;
3401 amending s. 373.618, F.S.; revising the outdoor
3402 advertisement exemption criteria for a public
3403 information system; requiring local government review
3404 or approval for certain public information systems;
3405 making public information systems subject to the
3406 requirements of ch. 479, F.S.; amending s. 479.16,
3407 F.S.; providing an exception if the Federal Government
3408 notifies the department that implementation or
3409 continuation will adversely affect allocation of
3410 federal funds; expanding the allowable size of certain
3411 signs or notices; expanding the placement exemption of
3412 certain signs; removing a certain small-business sign
3413 exemption; expanding the exemption requiring permits
3414 to signs placed by a local tourist-oriented business
3415 located in an area of critical economic concern, signs
3416 not in excess of a certain size placed temporarily
3417 during harvest season of a farm operation for a
3418 certain period of time, certain acknowledgement signs
3419 erected upon publicly funded school premises relating
3420 to a specific public school club, team, or event, and
3421 displays erected upon a sports facility; providing
3422 criteria for the signs; providing criteria for welcome
3423 centers to place certain signs under specified
3424 conditions; requiring the Florida Transportation
3425 Commission to study the potential for state revenue
3426 from parking meters and other parking time-limit
3427 devices; authorizing the commission to retain experts;
3428 requiring the department to pay for the experts;
3429 requiring certain information from municipalities and
3430 counties; requiring certain information to be
3431 considered in the study; requiring a written report;
3432 providing for a moratorium on new parking meters or
3433 other parking time-limit devices on the state right
3434 of-way; providing honorary designation of a certain
3435 transportation facility in a specified county;
3436 directing the Department of Transportation to erect
3437 suitable markers; amending s. 212.20, F.S.;
3438 authorizing a distribution for an applicant that has
3439 been approved by the Legislature and certified by the
3440 Department of Economic Opportunity under s. 288.11625,
3441 F.S.; providing a limitation; creating s. 288.11625,
3442 F.S.; providing that the Department of Economic
3443 Opportunity shall screen applicants for state funding
3444 for sports development; defining the terms
3445 “agreement,” “applicant,” “beneficiary,” “facility,”
3446 “project,” “state sales taxes generated by sales at
3447 the facility,” and “signature event”; providing a
3448 purpose to provide funding for applicants for
3449 constructing, reconstructing, renovating, or improving
3450 a facility; providing an application and approval
3451 process; providing for an annual application period;
3452 providing for the Department of Economic Opportunity
3453 to submit recommendations to the Legislature by a
3454 certain date; requiring legislative approval for state
3455 funding; providing evaluation criteria for an
3456 applicant to receive state funding; providing for
3457 evaluation and ranking of applicants under certain
3458 criteria; allowing the department to determine the
3459 type of beneficiary; providing levels of state funding
3460 up to a certain amount of new incremental state sales
3461 tax revenue; providing for a distribution and
3462 calculation; requiring the Department of Revenue to
3463 distribute funds within a certain timeframe after
3464 notification by the department; limiting annual
3465 distributions to $13 million; providing for a contract
3466 between the department and the applicant; limiting use
3467 of funds; requiring an applicant to submit information
3468 to the department annually; requiring a 5-year review;
3469 authorizing the Auditor General to conduct audits;
3470 providing for reimbursement of the state funding under
3471 certain circumstances; providing for discontinuation
3472 of distributions upon an applicant’s request;
3473 authorizing the Department of Economic Opportunity to
3474 adopt rules; contingently creating s. 288.116255,
3475 F.S.; providing for an evaluation; amending s. 218.64,
3476 F.S.; providing for municipalities and counties to
3477 expend a portion of local government half-cent sales
3478 tax revenues to reimburse the state as required by a
3479 contract; authorizing the Department of Economic
3480 Opportunity to adopt emergency rules; enacting a
3481 moratorium on the assessment or enforcement of the
3482 communications services tax on the sale of prepaid
3483 wireless communications services under certain
3484 conditions; providing for the tolling of certain
3485 statutes of limitations covered by the moratorium;
3486 providing for the repeal of the section; authorizing
3487 the governing body of a county to create a blue square
3488 critical motorist medical information program for
3489 certain purposes; authorizing a county to solicit
3490 sponsorships for the medical information program and
3491 enter into an interlocal agreement with another county
3492 to solicit such sponsorships; authorizing the
3493 Department of Transportation to provide education and
3494 training and publicize the program; authorizing an
3495 owner or lessee of a motor vehicle to participate in
3496 the program upon the submission of certain
3497 documentation; providing for an application form that
3498 must contain statements regarding the disclosure of
3499 personal information and confidentiality; providing
3500 for distribution to participants of a blue square
3501 decal, a blue square folder to be issued to
3502 participants, and a form containing specified
3503 information about the participant; providing
3504 procedures for use of the decal, folder, and form;
3505 providing for limited use of information on the forms
3506 by emergency medical responders; limiting liability of
3507 emergency medical responders; requiring the governing
3508 body of a participating county to adopt guidelines and
3509 procedures to ensure that confidential information is
3510 not made public; providing for applicability;
3511 providing effective dates.