Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1632
       
       
       
       
       
       
                                Barcode 683886                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/16/2013 12:08 PM       .                                
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       Senator Diaz de la Portilla moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 141 and 142
    4  insert:
    5         Section 2. Subsection (6) is added to section 335.0415,
    6  Florida Statutes, to read:
    7         335.0415 Public road jurisdiction and transfer process.—
    8         (6) Notwithstanding the provisions of subsections (1)–(5)
    9  or any other provision of law to the contrary, it is the intent
   10  of the Legislature that, as a pilot program, the City of Miami
   11  be provided and assume certain responsibilities for the
   12  maintenance of State Road 5/Brickell Avenue/Biscayne Boulevard
   13  within defined limits in the City of Miami.
   14         (a) The department shall enter into an interlocal agreement
   15  with the City of Miami which must provide that the City of Miami
   16  be responsible for street cleaning, landscaping, and maintenance
   17  of the right-of-way of State Road 5/Brickell Avenue/Biscayne
   18  Boulevard, from its intersection with Interstate 95 to its
   19  intersection with Northeast 15th Street, excluding the Brickell
   20  Bridge and its approaches, for a 5-year period. The interlocal
   21  agreement must:
   22         1. Contain performance measures to ensure that the facility
   23  and landscaping are maintained in accordance with applicable
   24  department standards.
   25         2. Require the city to meet or exceed the performance
   26  measures as a condition of payment by the department for the
   27  work performed by the city.
   28         3. Indemnify and hold the department harmless from any
   29  liability arising out of the city’s exercise of, or failure to
   30  exercise, the transferred responsibilities.
   31         (b) During the final year of the 5-year pilot program, the
   32  Florida Transportation Commission shall conduct a study to
   33  evaluate the effectiveness and benefits of the pilot program.
   34  The commission may retain such experts as are reasonably
   35  necessary to complete the study, and the department shall pay
   36  the expenses of such experts. The commission shall complete the
   37  study within 60 days after the end of the 5-year pilot program
   38  and shall provide a written report of its findings and
   39  conclusions to the Governor, the President of the Senate, the
   40  Speaker of the House of Representatives, and the chairs of each
   41  of the appropriations committees of the Legislature.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Between lines 4 and 5
   46  insert:
   47         s. 335.0415, F.S.; creating a pilot program in the
   48         City of Miami to transfer department responsibilities
   49         for public road maintenance to the city; requiring the
   50         department to enter into an interlocal agreement with
   51         the City of Miami; specifying requirements of the
   52         interlocal agreement; requiring the Florida
   53         Transportation Commission to conduct a study at the
   54         conclusion of the pilot program and provide the study
   55         to the Governor and the Legislature; requiring the
   56         department to pay the expenses of the study’s experts;
   57         amending