Florida Senate - 2021                             CS for SB 1126
       
       
        
       By the Committee on Appropriations; and Senator Harrell
       
       
       
       
       
       576-04222-21                                          20211126c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Transportation;
    3         repealing s. 163.3168(4), F.S., relating to
    4         applications for funding for technical assistance
    5         relating to areas in and around a proposed multiuse
    6         corridor interchange; amending s. 201.15, F.S.;
    7         clarifying that the Department of Revenue is
    8         responsible for a certain transfer from the State
    9         Treasury to the General Revenue Fund of a portion of
   10         documentary stamp tax distributions credited to the
   11         State Transportation Trust Fund; amending s. 206.46,
   12         F.S.; revising a limitation on an annual transfer from
   13         the State Transportation Trust Fund to the Right-of
   14         Way Acquisition and Bridge Construction Trust Fund;
   15         amending ss. 206.606, 206.608, and 212.0501, F.S.;
   16         removing a requirement for the deduction of certain
   17         service charges before the distribution of certain
   18         moneys; amending s. 316.126, F.S.; requiring drivers
   19         to change lanes when approaching a road and bridge
   20         maintenance or construction vehicle displaying warning
   21         lights on the roadside without advance signs and
   22         channelizing devices; amending s. 316.545, F.S.;
   23         deleting a requirement that the department provide
   24         space and video conference capability at each of the
   25         department’s district offices as an alternative to
   26         physical appearance by a person requesting a hearing
   27         before the Commercial Motor Vehicle Review Board
   28         within the department; requiring the department to
   29         allow a person requesting a hearing to appear remotely
   30         via communications media technology authorized by a
   31         specified rule; amending s. 319.32, F.S.; removing a
   32         requirement for the deduction of certain service
   33         charges before depositing fees for a certificate of
   34         title into the State Transportation Trust Fund;
   35         creating s. 333.15, F.S.; requiring the department to
   36         adopt rules to implement ch. 333, relating to airport
   37         zoning; amending s. 334.044, F.S.; revising the powers
   38         and duties of the Department of Transportation
   39         relating to the workforce development program;
   40         amending s. 335.199, F.S.; requiring the department,
   41         when proposing any project on the State Highway System
   42         which will close or modify an existing access to an
   43         abutting property owner, to provide notice to affected
   44         property owners, municipalities, and counties at least
   45         180 days before the design phase of the project is
   46         completed; requiring the department to hold at least
   47         one public meeting before completing the design phase
   48         of the project; making a technical change; repealing
   49         s. 338.2278, F.S., relating to the Multi-use Corridors
   50         of Regional Economic Significance Program; amending s.
   51         338.236, F.S.; deleting a requirement for the
   52         department to give priority consideration to placement
   53         of staging areas in certain counties; amending s.
   54         339.0801, F.S.; requiring that $35 million transferred
   55         to Florida’s Turnpike Enterprise be used for a
   56         specified purpose beginning in a specified fiscal year
   57         and annually for up to 30 years thereafter; conforming
   58         provisions to changes made by the act; amending s.
   59         339.0801, F.S.; deleting a requirement for a specified
   60         amount of funds to be transferred to Florida’s
   61         Turnpike Enterprise for a specified purpose; creating
   62         s. 339.0803, F.S.; requiring that certain increased
   63         revenues be used to fund specified projects beginning
   64         in a specified fiscal year and annually thereafter;
   65         authorizing such revenues to be used for certain
   66         projects; requiring the department to prioritize the
   67         use of certain facilities when upgrading arterial
   68         highways; providing construction; providing that such
   69         funding is in addition to other statutory funding
   70         allocations; amending s. 339.135, F.S.; revising the
   71         date by which a metropolitan planning organization
   72         must annually submit project priorities to the
   73         appropriate department district for purposes of
   74         developing department district work programs; removing
   75         the expiration of provisions relating to approval of
   76         department work program amendments when a meeting of
   77         the Legislative Budget Commission cannot be held
   78         within a specified timeframe; repealing s. 339.1373,
   79         F.S., relating to funding of the Multi-use Corridors
   80         of Regional Economic Significance Program; amending s.
   81         339.175, F.S.; revising the date by which a
   82         metropolitan planning organization must annually
   83         submit a list of project priorities to the appropriate
   84         department district for purposes of developing
   85         department district work programs and developing
   86         metropolitan planning organization transportation
   87         improvement programs; creating s. 339.66, F.S.;
   88         providing legislative findings; requiring the
   89         department, in coordination with the Florida Turnpike
   90         Enterprise, to evaluate certain roadways for
   91         development of specific controlled access facilities
   92         and to include such projects in the work program;
   93         authorizing the department to upgrade roadways with
   94         targeted improvements; prohibiting the department from
   95         reducing nontolled general use lanes of an existing
   96         facility; requiring the department to maintain
   97         existing access points; providing for access points
   98         for certain property owners; specifying the location
   99         of tolling points and requiring a nontolled
  100         alternative for local traffic; providing that any
  101         tolled facilities are approved turnpike projects and
  102         part of the turnpike system; designating a controlled
  103         access portion of a specified roadway a Strategic
  104         Intermodal System facility; providing for
  105         applicability of certain requirements; requiring the
  106         department and Turnpike Enterprise to take into
  107         consideration guidance and recommendations of certain
  108         studies and reports; requiring certain decisions to be
  109         determined in accordance with applicable department
  110         rules, policies, and procedures; requiring, to the
  111         greatest extent practicable, that roadway alignments,
  112         project alignment, and interchange locations be
  113         designed as specified; providing for funding sources;
  114         providing that project construction is not eligible
  115         for funding until completion of 30 percent of the
  116         project design phase, with exceptions; authorizing the
  117         Division of Bond Finance to issue specified bonds on
  118         behalf of the department to finance certain projects;
  119         creating s. 339.67, F.S.; requiring the department to
  120         develop and include construction of controlled access
  121         facilities in the work program of a certain facility;
  122         requiring the facility to be developed using existing
  123         roadway or portions thereof; requiring the facilities
  124         to be developed no later than a specified date to the
  125         maximum extent feasible; creating s. 339.68, F.S.;
  126         requiring the department to identify and include in
  127         the work program projects to increase capacity by
  128         widening existing two-lane arterial rural roads to
  129         four lanes; providing requirements for roads to be
  130         included in work program projects; requiring the
  131         department to annually fund at least a specified
  132         amount for such projects; reenacting s. 318.18(2)(d),
  133         F.S., relating to the amount of certain penalties, to
  134         incorporate the amendment made to s. 316.126, F.S., in
  135         a reference thereto; providing legislative findings;
  136         requiring the department to commence the project
  137         development and environmental phase of an extension of
  138         the Florida Turnpike; requiring the department to
  139         prepare a specified report and to submit the report to
  140         the Governor and Legislature by a specified date;
  141         providing effective dates.
  142          
  143  Be It Enacted by the Legislature of the State of Florida:
  144  
  145         Section 1. Subsection (4) of section 163.3168, Florida
  146  Statutes, is repealed.
  147         Section 2. Paragraph (a) of subsection (4) of section
  148  201.15, Florida Statutes, is amended to read:
  149         201.15 Distribution of taxes collected.—All taxes collected
  150  under this chapter are hereby pledged and shall be first made
  151  available to make payments when due on bonds issued pursuant to
  152  s. 215.618 or s. 215.619, or any other bonds authorized to be
  153  issued on a parity basis with such bonds. Such pledge and
  154  availability for the payment of these bonds shall have priority
  155  over any requirement for the payment of service charges or costs
  156  of collection and enforcement under this section. All taxes
  157  collected under this chapter, except taxes distributed to the
  158  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  159  are subject to the service charge imposed in s. 215.20(1).
  160  Before distribution pursuant to this section, the Department of
  161  Revenue shall deduct amounts necessary to pay the costs of the
  162  collection and enforcement of the tax levied by this chapter.
  163  The costs and service charge may not be levied against any
  164  portion of taxes pledged to debt service on bonds to the extent
  165  that the costs and service charge are required to pay any
  166  amounts relating to the bonds. All of the costs of the
  167  collection and enforcement of the tax levied by this chapter and
  168  the service charge shall be available and transferred to the
  169  extent necessary to pay debt service and any other amounts
  170  payable with respect to bonds authorized before January 1, 2017,
  171  secured by revenues distributed pursuant to this section. All
  172  taxes remaining after deduction of costs shall be distributed as
  173  follows:
  174         (4) After the required distributions to the Land
  175  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  176  deduction of the service charge imposed pursuant to s.
  177  215.20(1), the remainder shall be distributed as follows:
  178         (a) The lesser of 24.18442 percent of the remainder or
  179  $541.75 million in each fiscal year shall be paid into the State
  180  Treasury to the credit of the State Transportation Trust Fund.
  181  Of such funds, $75 million for each fiscal year shall be
  182  transferred by the Department of Revenue to the General Revenue
  183  Fund. Notwithstanding any other law, the remaining amount
  184  credited to the State Transportation Trust Fund shall be used
  185  for:
  186         1. Capital funding for the New Starts Transit Program,
  187  authorized by Title 49, U.S.C. s. 5309 and specified in s.
  188  341.051, in the amount of 10 percent of the funds;
  189         2. The Small County Outreach Program specified in s.
  190  339.2818, in the amount of 10 percent of the funds;
  191         3. The Strategic Intermodal System specified in ss. 339.61,
  192  339.62, 339.63, and 339.64, in the amount of 75 percent of the
  193  funds after deduction of the payments required pursuant to
  194  subparagraphs 1. and 2.; and
  195         4. The Transportation Regional Incentive Program specified
  196  in s. 339.2819, in the amount of 25 percent of the funds after
  197  deduction of the payments required pursuant to subparagraphs 1.
  198  and 2. The first $60 million of the funds allocated pursuant to
  199  this subparagraph shall be allocated annually to the Florida
  200  Rail Enterprise for the purposes established in s. 341.303(5).
  201         Section 3. Subsection (2) of section 206.46, Florida
  202  Statutes, is amended to read:
  203         206.46 State Transportation Trust Fund.—
  204         (2) Notwithstanding any other provisions of law, from the
  205  revenues deposited into the State Transportation Trust Fund a
  206  maximum of 7 percent in each fiscal year shall be transferred
  207  into the Right-of-Way Acquisition and Bridge Construction Trust
  208  Fund created in s. 215.605, as needed to meet the requirements
  209  of the documents authorizing the bonds issued or proposed to be
  210  issued under ss. 215.605 and 337.276 or at a minimum amount
  211  sufficient to pay for the debt service coverage requirements of
  212  outstanding bonds. Notwithstanding the 7 percent annual transfer
  213  authorized in this subsection, the annual amount transferred
  214  under this subsection may shall not exceed an amount necessary
  215  to provide the required debt service coverage levels for a
  216  maximum debt service not to exceed $350 $275 million. Such
  217  transfer shall be payable primarily from the motor and diesel
  218  fuel taxes transferred to the State Transportation Trust Fund
  219  from the Fuel Tax Collection Trust Fund.
  220         Section 4. Subsection (1) of section 206.606, Florida
  221  Statues, is amended to read:
  222         206.606 Distribution of certain proceeds.—
  223         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  224  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  225  Fund. Such moneys, after deducting the service charges imposed
  226  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  227  administrative costs incurred by the department in collecting,
  228  administering, enforcing, and distributing the tax, which
  229  administrative costs may not exceed 2 percent of collections,
  230  shall be distributed monthly to the State Transportation Trust
  231  Fund, except that:
  232         (a) $6.30 million shall be transferred to the Fish and
  233  Wildlife Conservation Commission in each fiscal year and
  234  deposited in the Invasive Plant Control Trust Fund to be used
  235  for aquatic plant management, including nonchemical control of
  236  aquatic weeds, research into nonchemical controls, and
  237  enforcement activities. The commission shall allocate at least
  238  $1 million of such funds to the eradication of melaleuca.
  239         (b) Annually, $2.5 million shall be transferred to the
  240  State Game Trust Fund in the Fish and Wildlife Conservation
  241  Commission and used for recreational boating activities and
  242  freshwater fisheries management and research. The transfers must
  243  be made in equal monthly amounts beginning on July 1 of each
  244  fiscal year. The commission shall annually determine where unmet
  245  needs exist for boating-related activities, and may fund such
  246  activities in counties where, due to the number of vessel
  247  registrations, sufficient financial resources are unavailable.
  248         1. A minimum of $1.25 million shall be used to fund local
  249  projects to provide recreational channel marking and other
  250  uniform waterway markers, public boat ramps, lifts, and hoists,
  251  marine railways, and other public launching facilities, derelict
  252  vessel removal, and other local boating-related activities. In
  253  funding the projects, the commission shall give priority
  254  consideration to:
  255         a. Unmet needs in counties having populations of 100,000 or
  256  less fewer.
  257         b. Unmet needs in coastal counties having a high level of
  258  boating-related activities from individuals residing in other
  259  counties.
  260         2. The remaining $1.25 million may be used for recreational
  261  boating activities and freshwater fisheries management and
  262  research.
  263         3. The commission may adopt rules to administer a Florida
  264  Boating Improvement Program.
  265  
  266  The commission shall prepare and make available on its Internet
  267  website an annual report outlining the status of its Florida
  268  Boating Improvement Program, including the projects funded, and
  269  a list of counties whose needs are unmet due to insufficient
  270  financial resources from vessel registration fees.
  271         (c) 0.65 percent of moneys collected pursuant to s.
  272  206.41(1)(g) shall be transferred to the Agricultural Emergency
  273  Eradication Trust Fund.
  274         (d) $13.4 million in fiscal year 2007-2008 and each fiscal
  275  year thereafter of the moneys attributable to the sale of motor
  276  and diesel fuel at marinas shall be transferred from the Fuel
  277  Tax Collection Trust Fund to the Marine Resources Conservation
  278  Trust Fund in the Fish and Wildlife Conservation Commission.
  279         Section 5. Section 206.608, Florida Statutes, is amended to
  280  read:
  281         206.608 State Comprehensive Enhanced Transportation System
  282  Tax; deposit of proceeds; distribution.—Moneys received pursuant
  283  to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
  284  Fuel Tax Collection Trust Fund, and, after deducting the service
  285  charge imposed in chapter 215 and administrative costs incurred
  286  by the department in collecting, administering, enforcing, and
  287  distributing the tax, which administrative costs may not exceed
  288  2 percent of collections, shall be distributed as follows:
  289         (1) 0.65 percent of the proceeds of the tax levied pursuant
  290  to s. 206.41(1)(f) shall be transferred to the Agricultural
  291  Emergency Eradication Trust Fund.
  292         (2) The remaining proceeds of the tax levied pursuant to s.
  293  206.41(1)(f) and all of the proceeds from the tax imposed by s.
  294  206.87(1)(d) shall be transferred into the State Transportation
  295  Trust Fund, and may be used only for projects in the adopted
  296  work program in the district in which the tax proceeds are
  297  collected and, to the maximum extent feasible, such moneys shall
  298  be programmed for use in the county where collected. However, no
  299  revenue from the taxes imposed pursuant to ss. 206.41(1)(f) and
  300  206.87(1)(d) in a county shall be expended unless the projects
  301  funded with such revenues have been included in the work program
  302  adopted pursuant to s. 339.135.
  303         Section 6. Subsection (6) of section 212.0501, Florida
  304  Statutes, is amended to read:
  305         212.0501 Tax on diesel fuel for business purposes;
  306  purchase, storage, and use.—
  307         (6) All taxes required to be paid on fuel used in self
  308  propelled off-road equipment shall be deposited in the Fuel Tax
  309  Collection Trust Fund, to be distributed, after deduction of the
  310  general revenue service charge pursuant to s. 215.20, to the
  311  State Transportation Trust Fund. The department shall, each
  312  month, make a transfer, from general revenue collections, equal
  313  to such use tax reported on dealers’ sales and use tax returns.
  314         Section 7. Paragraph (b) of subsection (1) of section
  315  316.126, Florida Statutes, is amended, and subsection (6) of
  316  that section is reenacted, to read:
  317         316.126 Operation of vehicles and actions of pedestrians on
  318  approach of an authorized emergency, sanitation, or utility
  319  service vehicle.—
  320         (1)
  321         (b) If an authorized emergency vehicle displaying any
  322  visual signals is parked on the roadside, a sanitation vehicle
  323  is performing a task related to the provision of sanitation
  324  services on the roadside, a utility service vehicle is
  325  performing a task related to the provision of utility services
  326  on the roadside, or a wrecker displaying amber rotating or
  327  flashing lights is performing a recovery or loading on the
  328  roadside, or a road and bridge maintenance or construction
  329  vehicle displaying warning lights is on the roadside without
  330  advance signs and channelizing devices, the driver of every
  331  other vehicle, as soon as it is safe:
  332         1. Shall vacate the lane closest to the emergency vehicle,
  333  sanitation vehicle, utility service vehicle, or wrecker, or road
  334  and bridge maintenance or construction vehicle when driving on
  335  an interstate highway or other highway with two or more lanes
  336  traveling in the direction of the emergency vehicle, sanitation
  337  vehicle, utility service vehicle, or wrecker, or road and bridge
  338  maintenance or construction vehicle except when otherwise
  339  directed by a law enforcement officer. If such movement cannot
  340  be safely accomplished, the driver shall reduce speed as
  341  provided in subparagraph 2.
  342         2. Shall slow to a speed that is 20 miles per hour less
  343  than the posted speed limit when the posted speed limit is 25
  344  miles per hour or greater; or travel at 5 miles per hour when
  345  the posted speed limit is 20 miles per hour or less, when
  346  driving on a two-lane road, except when otherwise directed by a
  347  law enforcement officer.
  348         (6) A violation of this section is a noncriminal traffic
  349  infraction, punishable pursuant to chapter 318 as either a
  350  moving violation for infractions of subsection (1) or subsection
  351  (3), or as a pedestrian violation for infractions of subsection
  352  (2).
  353         Section 8. Paragraph (f) of subsection (7) of section
  354  316.545, Florida Statutes, is amended to read:
  355         316.545 Weight and load unlawful; special fuel and motor
  356  fuel tax enforcement; inspection; penalty; review.—
  357         (7) There is created within the Department of
  358  Transportation the Commercial Motor Vehicle Review Board,
  359  consisting of three permanent members who shall be the Secretary
  360  of Transportation, the executive director of the Department of
  361  Highway Safety and Motor Vehicles, and the Commissioner of
  362  Agriculture, or their authorized representatives, and four
  363  additional members appointed pursuant to paragraph (b), which
  364  may review any penalty imposed upon any vehicle or person under
  365  the provisions of this chapter relating to weights imposed on
  366  the highways by the axles and wheels of motor vehicles, to
  367  special fuel and motor fuel tax compliance, or to violations of
  368  safety regulations.
  369         (f) The review board may hold sessions and conduct
  370  proceedings at any place within the state. As an alternative to
  371  physical appearance, and in addition to any other method of
  372  appearance authorized by rule, the Department of Transportation
  373  shall allow provide space and video conference capability at
  374  each district office to enable a person requesting a hearing to
  375  appear remotely before the board via communications media
  376  technology as authorized by chapter 28-109, Florida
  377  Administrative Code, regardless of the physical location of the
  378  board proceeding.
  379         Section 9. Subsection (5) of section 319.32, Florida
  380  Statutes, is amended to read:
  381         319.32 Fees; service charges; disposition.—
  382         (5)(a) Forty-seven dollars of each fee collected, except
  383  for fees charged on a certificate of title for a motor vehicle
  384  for hire registered under s. 320.08(6), for each applicable
  385  original certificate of title and each applicable duplicate copy
  386  of a certificate of title, after deducting the service charges
  387  imposed by s. 215.20, shall be deposited into the State
  388  Transportation Trust Fund. Deposits to the State Transportation
  389  Trust Fund pursuant to this paragraph may not exceed $200
  390  million in any fiscal year, and any collections in excess of
  391  that amount during the fiscal year shall be paid into the
  392  General Revenue Fund.
  393         (b) All fees collected pursuant to subsection (3) shall be
  394  paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
  395  each fee, except for fees charged on a certificate of title for
  396  a motor vehicle for hire registered under s. 320.08(6), for each
  397  applicable original certificate of title and each applicable
  398  duplicate copy of a certificate of title, after deducting the
  399  service charges imposed by s. 215.20, shall be deposited into
  400  the State Transportation Trust Fund. All other fees collected by
  401  the department under this chapter shall be paid into the General
  402  Revenue Fund.
  403         Section 10. Section 333.15, Florida Statutes, is created to
  404  read:
  405         333.15Rulemaking authority.—The department shall adopt
  406  rules pursuant to ss. 120.536(1) and 120.54 to implement this
  407  chapter.
  408         Section 11. Subsection (35) of section 334.044, Florida
  409  Statutes, is amended to read:
  410         334.044 Powers and duties of the department.—The department
  411  shall have the following general powers and duties:
  412         (35) To provide a road and bridge construction workforce
  413  development program, in consultation with affected stakeholders,
  414  for construction of projects designated in the department’s work
  415  program.
  416         (a) The workforce development program is intended to
  417  provide direct economic benefits to communities in which the
  418  department is constructing infrastructure projects and to
  419  promote employment opportunities, including within areas of low
  420  income and high unemployment.
  421         (b) The department shall merge any of its own existing
  422  workforce services into the program to create a robust workforce
  423  development program. The workforce development program must
  424  serve as a tool to address the construction labor shortage by
  425  recruiting and developing a group of skilled workers for
  426  infrastructure projects to increase the likelihood of department
  427  projects remaining on time and within budget.
  428         (c) To accomplish these activities, the department may
  429  administer workforce development contracts with consultants and
  430  nonprofit entities, such as local community partners, Florida
  431  College System institutions, and technical institutions or
  432  centers. These entities, as specified in a contract with the
  433  department, shall have the primary purposes of providing all of
  434  the following:
  435         1. Workforce recruitment.
  436         2. A training curriculum for the department’s road and
  437  bridge construction projects which includes both traditional and
  438  emerging construction methods and skills needed to construct
  439  multiuse infrastructure and facilities accommodating emerging
  440  technologies.
  441         3. Support services to remove barriers to work.
  442         (d) The department shall develop performance and outcome
  443  metrics to ensure accountability and to measure the benefits and
  444  cost-effectiveness of the program. By June 30, 2020, and
  445  annually thereafter, the department shall prepare and provide a
  446  report to the Governor, President of Senate, and Speaker of the
  447  House of Representatives detailing the results of its findings
  448  and containing any recommendations relating to future program
  449  refinements.
  450         Section 12. Subsections (1), (3), and (4) of section
  451  335.199, Florida Statutes, are amended to read:
  452         335.199 Transportation projects modifying access to
  453  adjacent property.—
  454         (1) Whenever the Department of Transportation proposes any
  455  project on the State Highway System which will divide a state
  456  highway, erect median barriers modifying currently available
  457  vehicle turning movements, or have the effect of closing or
  458  modifying an existing access to an abutting property owner, the
  459  department shall notify all affected property owners,
  460  municipalities, and counties at least 180 days before the design
  461  phase of the project is completed finalized. The department’s
  462  notice shall provide a written explanation regarding the need
  463  for the project and indicate that all affected parties will be
  464  given an opportunity to provide comments to the department
  465  regarding potential impacts of the change.
  466         (3) The department shall hold at least one public meeting
  467  before completing the design phase of the project hearing in the
  468  jurisdiction where the project is located and receive public
  469  input to determine how the project will affect access to
  470  businesses and the potential economic impact of the project on
  471  the local business community.
  472         (4) The department must review all comments from the public
  473  meeting hearing and take the comments and any alternatives
  474  presented by a local government under subsection (2) into
  475  consideration in the final design of the highway project.
  476         Section 13. Section 338.2278, Florida Statutes, is
  477  repealed.
  478         Section 14. Subsection (1) of section 338.236, Florida
  479  Statutes, is amended to read:
  480         338.236 Staging areas for emergencies.—The Department of
  481  Transportation may plan, design, and construct staging areas to
  482  be activated during a declared state of emergency at key
  483  geographic locations on the turnpike system. Such staging areas
  484  must be used for the staging of emergency supplies, such as
  485  water, fuel, generators, vehicles, equipment, and other related
  486  materials, to facilitate the prompt provision of emergency
  487  assistance to the public, and to otherwise facilitate emergency
  488  response and assistance, including evacuations, deployment of
  489  emergency-related supplies and personnel, and restoration of
  490  essential services.
  491         (1) In selecting a proposed site for a designated staging
  492  area under this section, the department, in consultation with
  493  the Division of Emergency Management, must consider the extent
  494  to which such site:
  495         (a) Is located in a geographic area that best facilitates
  496  the wide dissemination of emergency-related supplies and
  497  equipment;
  498         (b) Provides ease of access to major highways and other
  499  transportation facilities;
  500         (c) Is sufficiently large to accommodate the staging of a
  501  significant amount of emergency-related supplies and equipment;
  502         (d) Provides space in support of emergency preparedness and
  503  evacuation activities, such as fuel reserve capacity;
  504         (e) Could be used during nonemergency periods for
  505  commercial motor vehicle parking and for other uses; and
  506         (f) Is consistent with other state and local emergency
  507  management considerations.
  508  
  509  The department must give priority consideration to placement of
  510  such staging areas in counties with a population of 200,000 or
  511  fewer, as determined by the most recent official estimate
  512  pursuant to s. 186.901, in which a multiuse corridor of regional
  513  economic significance, as provided in s. 338.2278, is located.
  514         Section 15. Subsection (2) of section 339.0801, Florida
  515  Statutes, is amended to read:
  516         339.0801 Allocation of increased revenues derived from
  517  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  518  from increased revenues to the State Transportation Trust Fund
  519  derived from the amendments to s. 319.32(5)(a) made by this act
  520  must be used annually, first as set forth in subsection (1) and
  521  then as set forth in subsections (2)-(5), notwithstanding any
  522  other provision of law:
  523         (2)(a)Beginning in the 2013-2014 fiscal year and annually
  524  for up to 30 years thereafter For each of the 2019-2020, 2020
  525  2021, and 2021-2022 fiscal years, $35 million shall be
  526  transferred to Florida’s Turnpike Enterprise, to be used in
  527  accordance with Florida Turnpike Enterprise Law, to the maximum
  528  extent feasible for feeder roads, structures, interchanges,
  529  appurtenances, and other rights to create or facilitate access
  530  to the existing turnpike system.
  531         (b) Beginning with the 2022-2023 fiscal year and annually
  532  thereafter, $35 million shall be transferred to Florida’s
  533  Turnpike Enterprise, to be used in accordance with s. 338.2278,
  534  with preference to feeder roads, interchanges, and appurtenances
  535  that create or facilitate multiuse corridor access and
  536  connectivity. Of those funds, and to the maximum extent
  537  feasible, up to $5 million annually may be used for projects
  538  that assist in the development of broadband infrastructure
  539  within or adjacent to a multiuse corridor. The department shall
  540  give priority consideration to broadband infrastructure projects
  541  located in any area designated as a rural area of opportunity
  542  under s. 288.0656 and adjacent to a multiuse corridor.
  543         Section 16. Effective July 1, 2023, section 339.0801,
  544  Florida Statutes, as amended by this act, is amended to read:
  545         339.0801 Allocation of increased revenues derived from
  546  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  547  from increased revenues to the State Transportation Trust Fund
  548  derived from the amendments to s. 319.32(5)(a) made by this act
  549  must be used annually, first as set forth in subsection (1) and
  550  then as set forth in subsections (2)-(4) (2)-(5),
  551  notwithstanding any other provision of law:
  552         (1)(a) Beginning in the 2013-2014 fiscal year and annually
  553  for 30 years thereafter, $10 million shall be for the purpose of
  554  funding any seaport project identified in the adopted work
  555  program of the Department of Transportation, to be known as the
  556  Seaport Investment Program.
  557         (b) The revenues may be assigned, pledged, or set aside as
  558  a trust for the payment of principal or interest on revenue
  559  bonds, or other forms of indebtedness issued by an individual
  560  port or appropriate local government having jurisdiction
  561  thereof, or collectively by interlocal agreement among any of
  562  the ports, or used to purchase credit support to permit such
  563  borrowings. Alternatively, revenue bonds shall be issued by the
  564  Division of Bond Finance at the request of the Department of
  565  Transportation under the State Bond Act and shall be secured by
  566  such revenues as are provided in this subsection.
  567         (c) Revenue bonds or other indebtedness issued hereunder
  568  are not a general obligation of the state and are secured solely
  569  by a first lien on the revenues distributed under this
  570  subsection.
  571         (d) The state covenants with holders of the revenue bonds
  572  or other instruments of indebtedness issued pursuant to this
  573  subsection that it will not repeal this subsection; nor take any
  574  other action, including but not limited to amending this
  575  subsection, that will materially and adversely affect the rights
  576  of such holders so long as revenue bonds or other indebtedness
  577  authorized by this subsection are outstanding.
  578         (e) The proceeds of any revenue bonds or other
  579  indebtedness, after payment of costs of issuance and
  580  establishment of any required reserves, shall be invested in
  581  projects approved by the Department of Transportation and
  582  included in the department’s adopted work program, by amendment
  583  if necessary. As required under s. 11(f), Art. VII of the State
  584  Constitution, the Legislature approves projects included in the
  585  department’s adopted work program, including any projects added
  586  to the work program by amendment under s. 339.135(7).
  587         (f) Any revenues that are not used for the payment of bonds
  588  as authorized by this subsection may be used for purposes
  589  authorized under the Florida Seaport Transportation and Economic
  590  Development Program. This revenue source is in addition to any
  591  amounts provided for and appropriated in accordance with ss.
  592  311.07 and 320.20(3) and (4).
  593         (2) Beginning in the 2013-2014 fiscal year and annually for
  594  up to 30 years thereafter, $35 million shall be transferred to
  595  Florida’s Turnpike Enterprise, to be used in accordance with
  596  Florida Turnpike Enterprise Law, to the maximum extent feasible
  597  for feeder roads, structures, interchanges, appurtenances, and
  598  other rights to create or facilitate access to the existing
  599  turnpike system.
  600         (2)(3) Beginning in the 2013-2014 fiscal year and annually
  601  thereafter, $10 million shall be transferred to the
  602  Transportation Disadvantaged Trust Fund, to be used as specified
  603  in s. 427.0159.
  604         (3)(4) Beginning in the 2013-2014 fiscal year and annually
  605  thereafter, $10 million shall be allocated to the Small County
  606  Outreach Program to be used as specified in s. 339.2818. These
  607  funds are in addition to the funds provided for the program
  608  pursuant to s. 201.15(4)(a)2.
  609         (4)(5) After the distributions required pursuant to
  610  subsections (1)-(3) (1)-(4), the remaining funds shall be used
  611  annually for transportation projects within this state for
  612  existing or planned strategic transportation projects which
  613  connect major markets within this state or between this state
  614  and other states, which focus on job creation, and which
  615  increase this state’s viability in the national and global
  616  markets.
  617         (5)(6) Pursuant to s. 339.135(7), the department shall
  618  amend the work program to add the projects provided for in this
  619  section.
  620         Section 17. Section 339.0803, Florida Statutes, is created
  621  to read:
  622         339.0803 Allocation of increased revenues derived from
  623  amendments to s. 320.08 by chapter 2019-43, Laws of Florida.
  624  Beginning in the 2021-2022 fiscal year and each fiscal year
  625  thereafter, funds that result from increased revenues to the
  626  State Transportation Trust Fund derived from the amendments to
  627  s. 320.08 made by chapter 2019-43, Laws of Florida, and
  628  deposited into the fund pursuant to s. 320.20(5)(a) must be used
  629  to fund arterial highway projects identified by the department
  630  in accordance with s. 339.65 and may be used for projects as
  631  specified in ss. 339.66 and 339.67. For purposes of the funding
  632  provided in this section, the department shall prioritize use of
  633  existing facilities or portions thereof when upgrading arterial
  634  highways to limited or controlled access facilities. However,
  635  this section does not preclude use of the funding for projects
  636  that enhance the capacity of an arterial highway. The funds
  637  allocated as provided in this section shall be in addition to
  638  any other statutory funding allocations provided by law.
  639         Section 18. Paragraph (c) of subsection (4) and paragraph
  640  (g) of subsection (7) of section 339.135, Florida Statutes, are
  641  amended to read:
  642         339.135 Work program; legislative budget request;
  643  definitions; preparation, adoption, execution, and amendment.—
  644         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  645         (c)1. For purposes of this section, the board of county
  646  commissioners shall serve as the metropolitan planning
  647  organization in those counties which are not located in a
  648  metropolitan planning organization and shall be involved in the
  649  development of the district work program to the same extent as a
  650  metropolitan planning organization.
  651         2. The district work program shall be developed
  652  cooperatively from the outset with the various metropolitan
  653  planning organizations of the state and include, to the maximum
  654  extent feasible, the project priorities of metropolitan planning
  655  organizations which have been submitted to the district by
  656  August 1 October 1 of each year pursuant to s. 339.175(8)(b);
  657  however, the department and a metropolitan planning organization
  658  may, in writing, cooperatively agree to vary this submittal
  659  date. To assist the metropolitan planning organizations in
  660  developing their lists of project priorities, the district shall
  661  disclose to each metropolitan planning organization any
  662  anticipated changes in the allocation or programming of state
  663  and federal funds which may affect the inclusion of metropolitan
  664  planning organization project priorities in the district work
  665  program.
  666         3. Before Prior to submittal of the district work program
  667  to the central office, the district shall provide the affected
  668  metropolitan planning organization with written justification
  669  for any project proposed to be rescheduled or deleted from the
  670  district work program which project is part of the metropolitan
  671  planning organization’s transportation improvement program and
  672  is contained in the last 4 years of the previous adopted work
  673  program. By no later than 14 days after submittal of the
  674  district work program to the central office, the affected
  675  metropolitan planning organization may file an objection to such
  676  rescheduling or deletion. When an objection is filed with the
  677  secretary, the rescheduling or deletion may not be included in
  678  the district work program unless the inclusion of such
  679  rescheduling or deletion is specifically approved by the
  680  secretary. The Florida Transportation Commission shall include
  681  such objections in its evaluation of the tentative work program
  682  only when the secretary has approved the rescheduling or
  683  deletion.
  684         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
  685         (g)1. Any work program amendment which also requires the
  686  transfer of fixed capital outlay appropriations between
  687  categories within the department or the increase of an
  688  appropriation category is subject to the approval of the
  689  Legislative Budget Commission.
  690         2. If the department submits an amendment to a meeting of
  691  the Legislative Budget Commission and the commission does not
  692  meet or consider the amendment cannot be held within 30 days
  693  after its submittal the department submits an amendment to the
  694  Legislative Budget Commission, the chair and vice chair of the
  695  Legislative Budget Commission may authorize such amendment to be
  696  approved pursuant to s. 216.177. This subparagraph expires July
  697  1, 2021.
  698         Section 19. Section 339.1373, Florida Statutes, is
  699  repealed.
  700         Section 20. Paragraph (b) of subsection (8) of section
  701  339.175, Florida Statutes, is amended to read:
  702         339.175 Metropolitan planning organization.—
  703         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
  704  in cooperation with the state and affected public transportation
  705  operators, develop a transportation improvement program for the
  706  area within the jurisdiction of the M.P.O. In the development of
  707  the transportation improvement program, each M.P.O. must provide
  708  the public, affected public agencies, representatives of
  709  transportation agency employees, freight shippers, providers of
  710  freight transportation services, private providers of
  711  transportation, representatives of users of public transit, and
  712  other interested parties with a reasonable opportunity to
  713  comment on the proposed transportation improvement program.
  714         (b) Each M.P.O. annually shall prepare a list of project
  715  priorities and shall submit the list to the appropriate district
  716  of the department by August 1 October 1 of each year; however,
  717  the department and a metropolitan planning organization may, in
  718  writing, agree to vary this submittal date. Where more than one
  719  M.P.O. exists in an urbanized area, the M.P.O.’s shall
  720  coordinate in the development of regionally significant project
  721  priorities. The list of project priorities must be formally
  722  reviewed by the technical and citizens’ advisory committees, and
  723  approved by the M.P.O., before it is transmitted to the
  724  district. The approved list of project priorities must be used
  725  by the district in developing the district work program and must
  726  be used by the M.P.O. in developing its transportation
  727  improvement program. The annual list of project priorities must
  728  be based upon project selection criteria that, at a minimum,
  729  consider the following:
  730         1. The approved M.P.O. long-range transportation plan;
  731         2. The Strategic Intermodal System Plan developed under s.
  732  339.64.
  733         3. The priorities developed pursuant to s. 339.2819(4).
  734         4. The results of the transportation management systems;
  735  and
  736         5. The M.P.O.’s public-involvement procedures.
  737         Section 21. Section 339.66, Florida Statutes, is created to
  738  read:
  739         339.66Upgrade of arterial highways with controlled access
  740  facilities.—
  741         (1) The Legislature finds that the provision and
  742  maintenance of safe, reliable, and predictably free-flowing
  743  facilities to support the movement of people and freight and to
  744  enhance hurricane evacuation efficiency is important. It is in
  745  the best interest of the state to plan now for population growth
  746  and technology changes while prudently making timely
  747  improvements to address demand.
  748         (2) The department, in coordination with the Florida
  749  Turnpike Enterprise, shall evaluate existing roadways or
  750  portions thereof for development of specific controlled access
  751  facilities and include such projects as identified in the work
  752  program.
  753         (3) The department may upgrade roadways with targeted
  754  improvements, such as adding new tolled or nontolled limited
  755  access alignments to manage congestion points and retrofitting
  756  existing roadway with a series of electronically tolled or
  757  nontolled grade separations that provide an alternative to a
  758  signalized intersection for through traffic. Such improvements
  759  must be made with the goal of enhancing the economic prosperity
  760  and preserving the character of the communities impacted by such
  761  improvements.
  762         (a) The department may not reduce any nontolled general use
  763  lanes of an existing facility.
  764         (b) The department shall maintain existing access points to
  765  the roadway provided by designated streets, graded roads, or
  766  driveways.
  767         (c) Upon application or as otherwise agreed to by the
  768  department, after construction is completed, property owners
  769  with parcels of land having no existing access shall have the
  770  right to one access point, and property owners having more than
  771  1 mile of roadway frontage shall be allowed one access point for
  772  each mile owned.
  773         (d) Any tolling points must be located such that a
  774  nontolled alternative exists for local traffic.
  775         (4) Any tolled facilities are approved turnpike projects
  776  that are part of the turnpike system. A controlled-access
  777  portion of a roadway constructed pursuant to this section is
  778  considered a Strategic Intermodal System facility.
  779         (5)Any existing applicable requirements relating to
  780  department projects shall apply to projects undertaken by the
  781  department pursuant to this section. The department shall take
  782  into consideration the guidance and recommendations of any
  783  previous studies or reports relevant to the projects authorized
  784  by this section and ss. 339.67 and 339.68, including, but not
  785  limited to, the task force reports prepared pursuant to chapter
  786  2019-43, Laws of Florida.
  787         (6) Any existing applicable requirements relating to
  788  turnpike projects apply to projects undertaken by the Turnpike
  789  Enterprise pursuant to this section. The Turnpike Enterprise
  790  shall take into consideration the guidance and recommendations
  791  of any previous studies or reports relevant to the projects
  792  authorized by this section and ss. 339.67 and 339.68, including,
  793  but not limited to, the task force reports prepared pursuant to
  794  chapter 2019-43, Laws of Florida, and with respect to any
  795  extension of the Florida Turnpike from its northerly terminus in
  796  Wildwood.
  797         (7) The department shall consider innovative concepts to
  798  combine right-of-way acquisition with the acquisition of lands
  799  or easements to facilitate environmental mitigation or
  800  ecosystem, wildlife habitat, or water quality protection or
  801  restoration.
  802         (8)(a) Decisions on matters such as configuration, project
  803  alignment, and interchange locations must be determined in
  804  accordance with applicable department rules, policies, and
  805  procedures.
  806         (b) To the greatest extent practicable, roadway alignments,
  807  project alignment, and interchange locations shall be designed
  808  so that project rights-of-way are not located within
  809  conservation lands acquired under the Florida Preservation 2000
  810  Act established in s. 259.101 and the Florida Forever Act
  811  established in s. 259.105.
  812         (9) Subject to applicability of existing requirements as
  813  provided in subsections (5) and (6), projects may be funded
  814  through turnpike revenue bonds or right-of-way acquisition and
  815  bridge construction bonds or financing by the Florida Department
  816  of Transportation Financing Corporation; by advances from the
  817  State Transportation Trust Fund; with funds obtained through the
  818  creation of public-private partnerships; or any combination
  819  thereof. The department also may accept donations of land for
  820  use as transportation rights-of-way or to secure or use
  821  transportation rights-of-way for such projects in accordance
  822  with s. 337.2505. To the extent legally available, any toll
  823  revenues from the turnpike system not required for payment of
  824  principal, interest, reserves, or other required deposits for
  825  bonds; costs of operations and maintenance; other contractual
  826  obligations; or system improvement project costs must be used to
  827  repay advances received from the State Transportation Trust
  828  Fund.
  829         (10) Project construction is not eligible for funding until
  830  completion of 30 percent of the design phase, except for
  831  projects that are under construction or for which project
  832  alignment has been determined.
  833         (11)In accordance with ss. 337.276, 338.227, and 339.0809,
  834  the Division of Bond Finance may issue, on behalf of the
  835  department, right-of-way acquisition and bridge construction
  836  bonds, turnpike revenue bonds, and Florida Department of
  837  Transportation Financing Corporation bonds to finance projects
  838  as provided in the State Bond Act.
  839         Section 22. Section 339.67, Florida Statutes, is created to
  840  read:
  841         339.67 U.S. 19 controlled access facilities.—The department
  842  shall develop and include in the work program the construction
  843  of controlled access facilities as necessary to achieve free
  844  flow of traffic on U.S. 19, beginning at the terminus of the
  845  Suncoast Parkway 2 Phase 3, north predominantly along U.S. 19 to
  846  a logical terminus on Interstate 10 in Madison County. This
  847  Strategic Intermodal System facility shall be developed using
  848  existing roadway, or portions thereof, to ensure the free flow
  849  of traffic along the roadway by improvements such as limited
  850  access alignments to manage congestion points and retrofitting
  851  existing roadway with a series of grade separations that provide
  852  an alternative to a signalized intersection for through traffic.
  853  To the maximum extent feasible, the facilities shall be
  854  developed no later than December 31, 2035.
  855         Section 23. Section 339.68, Florida Statutes, is created to
  856  read:
  857         339.68Arterial rural highway projects.—The department
  858  shall identify and include in the work program projects to
  859  increase capacity by widening existing two-lane arterial rural
  860  roads to four lanes. To be included in a work program project,
  861  the road must be classified as an arterial rural road, and truck
  862  traffic using the road must amount to at least 15 percent of all
  863  such traffic, as determined by the department. The department
  864  shall fund at least $20 million annually for such projects.
  865         Section 24. For the purpose of incorporating the amendment
  866  made by this act to section 316.126, Florida Statutes, in a
  867  reference thereto, paragraph (d) of subsection (2) of section
  868  318.18, Florida Statutes, is reenacted to read:
  869         318.18 Amount of penalties.—The penalties required for a
  870  noncriminal disposition pursuant to s. 318.14 or a criminal
  871  offense listed in s. 318.17 are as follows:
  872         (2) Thirty dollars for all nonmoving traffic violations
  873  and:
  874         (d) For all violations of s. 316.126(1)(b), unless
  875  otherwise specified.
  876         Section 25. The Legislature finds that the extension of the
  877  Florida Turnpike from its northerly terminus in Wildwood to a
  878  logical and appropriate terminus as determined by the Department
  879  of Transportation is in the strategic interest of the state. The
  880  department shall commence the project development and
  881  environmental phase of the extension and shall consider project
  882  configuration, alignment, cost, and schedule. The department
  883  shall prepare a report summarizing the status of the project
  884  development and environmental phase and, by December 31, 2022,
  885  submit the report to the Governor, the President of the Senate,
  886  and the Speaker of the House of Representatives.
  887         Section 26. Except as otherwise expressly provided in this
  888  act, this act shall take effect July 1, 2021.