Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1866
       
       
       
       
       
       
                                Barcode 395644                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2012           .                                
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       The Committee on Transportation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 289 - 295
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (5) of
    6  section 20.23, Florida Statutes, are amended, and subsection (7)
    7  is added to that section, to read:
    8         20.23 Department of Transportation.—There is created a
    9  Department of Transportation which shall be a decentralized
   10  agency.
   11         (5)(a) The operations of the department shall be organized
   12  into seven districts, each headed by a district secretary, and a
   13  turnpike enterprise and a rail enterprise, each enterprise
   14  headed by an executive director. The district secretaries and
   15  the executive directors must shall be registered professional
   16  engineers in accordance with the provisions of chapter 471 or
   17  the laws of another state or, in lieu of professional engineer
   18  registration, a district secretary or executive director may
   19  hold an advanced degree in an appropriate related discipline,
   20  such as a Master of Business Administration. The headquarters of
   21  the districts shall be located in Polk, Columbia, Washington,
   22  Broward, Volusia, Miami-Dade, and Hillsborough Counties. The
   23  headquarters of the turnpike enterprise shall be located in
   24  Orange County. The headquarters of the rail enterprise shall be
   25  located in Leon County. In order to provide for efficient
   26  operations and to expedite the decisionmaking process, the
   27  department shall provide for maximum decentralization to the
   28  districts.
   29  
   30         Delete line 729
   31  and insert:
   32  center,” means a facility or group of facilities, including an
   33  inland port, serving as a
   34  
   35         Delete line 893
   36  and insert:
   37         (5) The Department of Transportation and expressway
   38  authorities may designate the use of shoulders of limited access
   39  facilities and interstate highways under their jurisdiction for
   40  vehicular traffic determined to improve safety, reliability, and
   41  transportation system efficiency. Appropriate traffic signs or
   42  dynamic lane control signals shall be erected along the affected
   43  portions of the facility or highway in order to give notice to
   44  the public of the action to be taken and to clearly indicate
   45  when the shoulder is open to designated vehicular traffic. Such
   46  designation is not allowed if it would violate any federal law
   47  or covenant established in a resolution or trust indenture
   48  relating to the issuance of turnpike bonds, expressway authority
   49  bonds, or other bonds.
   50         (6) The Department of Transportation shall establish a 2-
   51  
   52         Between lines 1273 and 1274
   53  insert:
   54         Section 21. Subsection (6) is added to section 332.08,
   55  Florida Statutes, to read:
   56         332.08 Additional powers.—In addition to the general powers
   57  in ss. 332.01-332.12 conferred and without limitation thereof, a
   58  municipality which has established or may hereafter establish
   59  airports, restricted landing areas, or other air navigation
   60  facilities, or which has acquired or set apart or may hereafter
   61  acquire or set apart real property for such purposes, is hereby
   62  authorized:
   63         (6) Notwithstanding the provisions of this section, and if
   64  participating in the Federal Aviation Administration’s pilot
   65  program on the private ownership of airports pursuant to 49
   66  U.S.C. s. 47134, to lease or sell an airport or other air
   67  navigation facility or real property, together with improvements
   68  and equipment, acquired or set apart for airport purposes to a
   69  private party under the terms and conditions negotiated by the
   70  municipality. If state funds were provided to the municipality
   71  pursuant to s. 332.007, the municipality must obtain the
   72  Department of Transportation’s approval of the agreement. The
   73  department may approve the agreement if it determines that the
   74  state’s investment has been adequately considered and protected
   75  in accordance with the applicable conditions specified in 49
   76  U.S.C. s. 47134.
   77  
   78         Between lines 1586 and 1587
   79  insert:
   80         (7) For the purposes of this section, “transportation
   81  expenditures” means expenditures by the local government from
   82  local or state shared revenue sources, excluding expenditures of
   83  bond proceeds, for the following programs:
   84         (d) Street lighting installation, operation, maintenance,
   85  and repair.
   86         (e) Traffic signs, traffic engineering, signalization, and
   87  pavement markings, installation, operation, maintenance, and
   88  repair.
   89  
   90         Between lines 2007 and 2008
   91  insert:
   92         (8) The department, or other governmental entity
   93  responsible for the collection of tolls, may pursue the
   94  collection of unpaid tolls and associated fees and other amounts
   95  to which it is entitled by contracting with a private attorney
   96  who is a member in good standing with The Florida Bar, or a
   97  collection agent who is registered and in good standing pursuant
   98  to chapter 559. A collection fee in an amount that is reasonable
   99  within the collection industry, including any reasonable
  100  attorney fee, may be added to the delinquent amount collected by
  101  the attorney or collection agent. The requirements of s. 287.059
  102  do not apply to private attorney services procured under this
  103  section.
  104  
  105         Between lines 2057 and 2058
  106  insert:
  107         Section 43. Section 338.161, Florida Statutes, is amended
  108  to read:
  109         338.161 Authority of department or toll agencies to
  110  advertise and promote electronic toll collection; Expanded uses
  111  of electronic toll collection system; studies authorized.—
  112         (1) The department may is authorized to incur expenses for
  113  paid advertising, marketing, and promotion of toll facilities
  114  and electronic toll collection products and services. Promotions
  115  may include discounts and free products.
  116         (2) The department may is authorized to receive funds from
  117  advertising placed on electronic toll collection products and
  118  promotional materials to defray the costs of products and
  119  services.
  120         (3)(a) The department or any toll agency created by statute
  121  may incur expenses to advertise or promote its electronic toll
  122  collection system to consumers on or off the turnpike or toll
  123  system.
  124         (4)(b) If the department or any toll agency created by
  125  statute finds that it can increase nontoll revenues or add
  126  convenience or other value for its customers, the department or
  127  toll agency may enter into agreements with a any private or
  128  public entity allowing the use of its electronic toll collection
  129  system to pay parking fees for vehicles equipped with a
  130  transponder or similar device. The department or toll agency may
  131  initiate feasibility studies of other additional future uses of
  132  its electronic toll collection system and make recommendations
  133  to the Legislature to authorize such uses.
  134         (5) If the department finds that it can increase nontoll
  135  revenues or add convenience or other value for its customers,
  136  the department may enter into agreements with private or public
  137  entities to use the electronic toll collection and video billing
  138  systems of such entities to collect tolls, fares, administrative
  139  fees, and other charges resulting from connection with the
  140  transportation facilities of the entities which will become
  141  interoperable with the department’s electronic toll collection
  142  system. The department may modify its rules regarding toll
  143  collection procedures and the imposition of administrative
  144  charges for toll facilities that are not part of the turnpike
  145  system or otherwise owned by the department. This subsection
  146  does not limit the authority of the department under any other
  147  provision of law or under any agreement entered into before July
  148  1, 2012.
  149  
  150         Delete lines 2714 - 2717
  151  and insert:
  152         Section 54. Paragraph (a) of subsection (2), paragraph (a)
  153  of subsection (4), and paragraph (b) of subsection (8) of
  154  section 339.175, Florida Statutes, are amended to read:
  155         339.175 Metropolitan planning organization.—
  156         (2) DESIGNATION.—
  157         (a)1. An M.P.O. shall be designated for each urbanized area
  158  of the state; however, this does not require that an individual
  159  M.P.O. does not have to be designated for each such area. Such
  160  designation shall be accomplished by agreement between the
  161  Governor and units of general-purpose local government
  162  representing at least 75 percent of the population of the
  163  urbanized area; however, the unit of general-purpose local
  164  government that represents the central municipality city or
  165  cities within the M.P.O. jurisdiction, as defined by the United
  166  States Bureau of the Census, must be a party to such agreement.
  167         2. To the extent possible, only one M.P.O. shall be
  168  designated for each urbanized area or group of contiguous
  169  urbanized areas. More than one M.P.O. may be designated within
  170  an existing urbanized metropolitan planning area only if the
  171  Governor and the existing M.P.O. determine that the size and
  172  complexity of the existing urbanized metropolitan planning area
  173  makes the designation of more than one M.P.O. for the area
  174  appropriate.
  175  
  176  Each M.P.O. required under this section must be fully operative
  177  no later than 6 months following its designation.
  178  
  179         Delete lines 2768 - 2774
  180  and insert:
  181  writing, agree to vary this submittal date. If more than one
  182  M.P.O. exists within an urbanized area, the M.P.O.s must
  183  coordinate in the development of regionally significant project
  184  priorities. The list of project priorities must be formally
  185  
  186         Between lines 2807 and 2808
  187  insert:
  188         (4)(a) Projects to be funded with Transportation Regional
  189  Incentive Program funds shall, at a minimum, must:
  190         1. Support those transportation facilities that Serve
  191  national, statewide, or regional functions and function as part
  192  of an integrated regional transportation system.
  193         2. Be identified in the capital improvements element of a
  194  comprehensive plan that has been determined to be in compliance
  195  with part II of chapter 163, after July 1, 2005. Further, The
  196  project must also shall be in compliance with local government
  197  comprehensive plan policies relative to corridor management.
  198         3. Be consistent with the Strategic Intermodal System Plan
  199  developed under s. 339.64.
  200         4. Have a commitment for local, regional, or private
  201  financial matching funds as a percentage of the overall project
  202  cost.
  203         (b) Projects funded under this section must be included in
  204  the department’s work program developed pursuant to s. 339.135.
  205  In identifying projects to be funded with allocating
  206  Transportation Regional Incentive Program funds, the department
  207  must ensure that such projects meet the requirements of this
  208  section and give priority shall be given to projects that:
  209         1. Provide connectivity to the Strategic Intermodal System
  210  developed under s. 339.64.
  211         2. Support economic development and the movement of goods
  212  in rural areas of critical economic concern designated under s.
  213  288.0656(7).
  214         3. Are subject to a local ordinance that establishes
  215  corridor management techniques, including access management
  216  strategies, right-of-way acquisition and protection measures,
  217  appropriate land use strategies, zoning, and setback
  218  requirements for adjacent land uses.
  219         4. Improve connectivity between military installations and
  220  the Strategic Highway Network or the Strategic Rail Corridor
  221  Network.
  222  
  223  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  224         And the directory clause is amended as follows:
  225         Delete lines 872 - 873
  226  and insert:
  227         Section 14. Subsections (1) through (4) of section 316.091,
  228  Florida Statutes, are amended, present subsection (5) of that
  229  section is renumbered as subsection (7), and new subsections (5)
  230  and (6) are added to that section, to read:
  231  
  232         Delete line 1998
  233  and insert:
  234  through (7), respectively, and new subsection (2) and subsection
  235  (8) are added to
  236  
  237         Delete line 2790
  238  and insert:
  239         Section 55. Subsections (1), (2), (3), and (4) of section
  240  
  241  ================= T I T L E  A M E N D M E N T ================
  242         And the title is amended as follows:
  243         Delete line 3
  244  and insert:
  245         amending s. 20.23, F.S.; providing that the district
  246         secretaries and the executive directors of the
  247         Department of Transportation may be registered
  248         professional engineers in accordance with the laws of
  249         another state; deleting obsolete provisions;
  250  
  251         Delete line 73
  252  and insert:
  253         a human-operated vehicle on a limited access highway;
  254         authorizing the department and expressway authorities
  255         to designate the use of shoulders of limited access
  256         facilities and interstate highways for vehicular
  257         traffic under certain conditions;
  258  
  259         Delete line 89
  260  and insert:
  261         by the act; amending s. 332.08, F.S.; authorizing a
  262         municipality participating in the Federal Aviation
  263         Administration’s pilot program on the private
  264         ownership of airports to lease or sell airport
  265         property to a private party; providing for department
  266         approval under certain conditions; reordering and
  267         amending s. 334.03, F.S.;
  268  
  269         Delete lines 113 - 114
  270  and insert:
  271         s. 336.021, F.S.; revising the date for levying
  272         certain fuel taxes; amending s. 336.025, F.S.;
  273         revising the date for levying certain fuel taxes;
  274         specifying certain transportation program
  275         expenditures; amending s. 337.11, F.S.;
  276  
  277         Delete line 160
  278  and insert:
  279         department; authorizing the department or other
  280         governmental entity to retain an attorney or
  281         collection agent to collect unpaid tolls and add the
  282         cost of such services to the amount collected;
  283         creating s. 338.151, F.S.; authorizing the
  284  
  285         Delete line 166
  286  and insert:
  287         certain circumstances; amending s. 338.161, F.S.;
  288         authorizing the department to enter in agreements with
  289         other entities for the use of the public or private
  290         toll facilities under certain circumstances;
  291         authorizing the department to modify its rules
  292         regarding toll collection procedures and the
  293         imposition of administrative charges for certain toll
  294         facilities; amending s. 338.166, F.S.;
  295  
  296         Delete lines 207 - 217
  297  and insert:
  298         reporting requirements; amending s. 339.175, F.S.;
  299         revising provisions relating to the designation of
  300         metropolitan planning organizations for urbanized
  301         areas; revising provisions relating to representatives
  302         of the department who serve as nonvoting advisers to
  303         such organization; requiring metropolitan planning
  304         organizations in urbanized areas containing more than
  305         one organization to coordinate in the development of
  306         regionally significant project priorities; amending s.
  307         339.2819, F.S.; conforming cross-references; revising
  308         the state matching funds requirement for the
  309         Transportation Regional Incentive Program; requiring
  310         projects funded under the program to be included in
  311         the department’s work program; amending s. 339.285,
  312         F.S.; conforming a