Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (380674) for CS for SB 1392
       
       
       
       
       
       
                                Ì136342ÅÎ136342                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/01/2016           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 260 - 474
    4  and insert:
    5         Section 1. Subsection (3) of section 337.0261, Florida
    6  Statutes, is amended to read:
    7         337.0261 Construction aggregate materials.—
    8         (3) LOCAL GOVERNMENT DECISIONMAKING.—A No local government
    9  may not shall approve or deny a proposed land use zoning change,
   10  comprehensive plan amendment, land use permit, ordinance, or
   11  order regarding construction aggregate materials without
   12  considering any information provided by the Department of
   13  Transportation regarding the effect such change, amendment,
   14  permit decision, ordinance, or order would have on the
   15  availability, transportation, cost, and potential extraction of
   16  construction aggregate materials on the local area, the region,
   17  and the state. The failure of the Department of Transportation
   18  to provide this information shall not be a basis for delay or
   19  invalidation of the local government action. A No local
   20  government may not impose a moratorium, or combination of
   21  moratoria, of more than 12 months’ duration on the mining or
   22  extraction of construction aggregate materials, commencing on
   23  the date the vote was taken to impose the moratorium. January 1,
   24  2007, shall serve as the commencement of the 12-month period for
   25  moratoria already in place as of July 1, 2007.
   26         Section 2. Section 338.155, Florida Statutes, is amended to
   27  read:
   28         338.155 Payment of toll on toll facilities required;
   29  exemptions; signage required.—
   30         (1) A person may not use any toll facility without payment
   31  of tolls, except employees of the agency operating the toll
   32  project when using the toll facility on official state business,
   33  state military personnel while on official military business,
   34  handicapped persons as provided in this section, persons exempt
   35  from toll payment by the authorizing resolution for bonds issued
   36  to finance the facility, and persons exempt on a temporary basis
   37  where use of such toll facility is required as a detour route.
   38  Any law enforcement officer operating a marked official vehicle
   39  is exempt from toll payment when on official law enforcement
   40  business. Any person operating a fire vehicle when on official
   41  business or a rescue vehicle when on official business is exempt
   42  from toll payment. Any person participating in the funeral
   43  procession of a law enforcement officer or firefighter killed in
   44  the line of duty is exempt from toll payment. The secretary or
   45  the secretary’s designee may suspend the payment of tolls on a
   46  toll facility when necessary to assist in emergency evacuation.
   47  The failure to pay a prescribed toll constitutes a noncriminal
   48  traffic infraction, punishable as a moving violation as provided
   49  in s. 318.18. The department may adopt rules relating to the
   50  payment, collection, and enforcement of tolls, as authorized in
   51  this chapter and chapters 316, 318, 320, and 322, including, but
   52  not limited to, rules for the implementation of video or other
   53  image billing and variable pricing. With respect to toll
   54  facilities managed by the department, the revenues of which are
   55  not pledged to repayment of bonds, the department may by rule
   56  allow the use of such facilities by public transit vehicles or
   57  by vehicles participating in a funeral procession for an active
   58  duty military service member without the payment of tolls.
   59         (2) Any person driving an automobile or other vehicle
   60  belonging to the Department of Military Affairs used for
   61  transporting military personnel, stores, and property, when
   62  properly identified, shall, together with any such conveyance
   63  and military personnel and property of the state in his or her
   64  charge, be allowed to pass free through all tollgates and over
   65  all toll bridges and ferries in this state.
   66         (3) Any handicapped person who has a valid driver license,
   67  who operates a vehicle specially equipped for use by the
   68  handicapped, and who is certified by a physician licensed under
   69  chapter 458 or chapter 459 or by comparable licensing in another
   70  state or by the Adjudication Office of the United States
   71  Department of Veterans Affairs or its predecessor as being
   72  severely physically disabled and having permanent upper limb
   73  mobility or dexterity impairments which substantially impair the
   74  person’s ability to deposit coins in toll baskets, shall be
   75  allowed to pass free through all tollgates and over all toll
   76  bridges and ferries in this state. A person who meets the
   77  requirements of this subsection shall, upon application, be
   78  issued a vehicle window sticker by the Department of
   79  Transportation.
   80         (4) A copy of this section shall be posted at each toll
   81  bridge and on each ferry.
   82         (5) The Department of Transportation shall provide
   83  envelopes for voluntary payments of tolls by those persons
   84  exempted from the payment of tolls pursuant to this section. The
   85  department shall accept any voluntary payments made by exempt
   86  persons.
   87         (6) Personal identifying information held by the Department
   88  of Transportation, a county, a municipality, or an expressway
   89  authority for the purpose of paying, prepaying, or collecting
   90  tolls and associated administrative charges due for the use of
   91  toll facilities is exempt from s. 119.07(1) and s. 24(a), Art. I
   92  of the State Constitution. This exemption applies to such
   93  information held by the Department of Transportation, a county,
   94  a municipality, or an expressway authority before, on, or after
   95  the effective date of the exemption. This subsection is subject
   96  to the Open Government Sunset Review Act in accordance with s.
   97  119.15 and shall stand repealed on October 2, 2019, unless
   98  reviewed and saved from repeal through reenactment by the
   99  Legislature.
  100         (7) A toll facility must ensure the presence of signage
  101  notifying drivers if cash payment of the applicable toll at such
  102  facility is not an available option.
  103         Section 3. Subsection (4) of section 338.165, Florida
  104  Statutes, is amended, and subsection (11) is added to that
  105  section, to read:
  106         338.165 Continuation of tolls.—
  107         (4) Notwithstanding any other law to the contrary, pursuant
  108  to s. 11, Art. VII of the State Constitution, and subject to the
  109  requirements of subsection (2), the Department of Transportation
  110  may request the Division of Bond Finance to issue bonds secured
  111  by toll revenues collected on the Alligator Alley and, the
  112  Sunshine Skyway Bridge, the Beeline-East Expressway, the Navarre
  113  Bridge, and the Pinellas Bayway to fund transportation projects
  114  located within the county or counties in which the project is
  115  located and contained in the adopted work program of the
  116  department.
  117         (11) The department’s Pinellas Bayway System may be
  118  transferred by the department and become part of the turnpike
  119  system under the Florida Turnpike Enterprise Law. The transfer
  120  does not affect the rights of the parties, or their successors
  121  in interest, under the settlement agreement and final judgment
  122  in Leonard Lee Ratner, Esther Ratner, and Leeco Gas and Oil Co.
  123  v. State Road Department of the State of Florida, No. 67-1081
  124  (Fla. 2nd Cir. Ct. 1968). Upon transfer of the Pinellas Bayway
  125  System to the turnpike system, the department shall also
  126  transfer to the Florida Turnpike Enterprise the funds deposited
  127  in the reserve account established by chapter 85-364, Laws of
  128  Florida, as amended by chapters 95-382 and 2014-223, Laws of
  129  Florida, which funds shall be used by the Florida Turnpike
  130  Enterprise solely to help fund the costs of repair or
  131  replacement of the transferred facilities.
  132         Section 4. Chapter 85-364, Laws of Florida, as amended by
  133  chapter 95-382 and section 48 of chapter 2014-223, Laws of
  134  Florida, is repealed.
  135         Section 5. Paragraph (c) of subsection (3) and subsections
  136  (5) and (6) of section 338.231, Florida Statutes, are amended to
  137  read:
  138         338.231 Turnpike tolls, fixing; pledge of tolls and other
  139  revenues.—The department shall at all times fix, adjust, charge,
  140  and collect such tolls and amounts for the use of the turnpike
  141  system as are required in order to provide a fund sufficient
  142  with other revenues of the turnpike system to pay the cost of
  143  maintaining, improving, repairing, and operating such turnpike
  144  system; to pay the principal of and interest on all bonds issued
  145  to finance or refinance any portion of the turnpike system as
  146  the same become due and payable; and to create reserves for all
  147  such purposes.
  148         (3)
  149         (c) Notwithstanding any other provision of law to the
  150  contrary, any prepaid toll account of any kind which has
  151  remained inactive for 10 3 years shall be presumed unclaimed and
  152  its disposition shall be handled by the Department of Financial
  153  Services in accordance with all applicable provisions of chapter
  154  717 relating to the disposition of unclaimed property, and the
  155  prepaid toll account shall be closed by the department.
  156         (5) In each fiscal year while any of the bonds of the
  157  Broward County Expressway Authority series 1984 and series 1986
  158  A remain outstanding, the department is authorized to pledge
  159  revenues from the turnpike system to the payment of principal
  160  and interest of such series of bonds and the operation and
  161  maintenance expenses of the Sawgrass Expressway, to the extent
  162  gross toll revenues of the Sawgrass Expressway are insufficient
  163  to make such payments. The terms of an agreement relative to the
  164  pledge of turnpike system revenue will be negotiated with the
  165  parties of the 1984 and 1986 Broward County Expressway Authority
  166  lease-purchase agreements, and subject to the covenants of those
  167  agreements. The agreement must establish that the Sawgrass
  168  Expressway is subject to the planning, management, and operating
  169  control of the department limited only by the terms of the
  170  lease-purchase agreements. The department shall provide for the
  171  payment of operation and maintenance expenses of the Sawgrass
  172  Expressway until such agreement is in effect. This pledge of
  173  turnpike system revenues is subordinate to the debt service
  174  requirements of any future issue of turnpike bonds, the payment
  175  of turnpike system operation and maintenance expenses, and
  176  subject to any subsequent resolution or trust indenture relating
  177  to the issuance of such turnpike bonds.
  178         (5)(6) The use and disposition of revenues pledged to bonds
  179  are subject to ss. 338.22-338.241 and such regulations as the
  180  resolution authorizing the issuance of the bonds or such trust
  181  agreement may provide.
  182         Section 6. Paragraph (c) of subsection (7) of section
  183  339.175, Florida Statutes, is amended to read:
  184         339.175 Metropolitan planning organization.—
  185         (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
  186  develop a long-range transportation plan that addresses at least
  187  a 20-year planning horizon. The plan must include both long
  188  range and short-range strategies and must comply with all other
  189  state and federal requirements. The prevailing principles to be
  190  considered in the long-range transportation plan are: preserving
  191  the existing transportation infrastructure; enhancing Florida’s
  192  economic competitiveness; and improving travel choices to ensure
  193  mobility. The long-range transportation plan must be consistent,
  194  to the maximum extent feasible, with future land use elements
  195  and the goals, objectives, and policies of the approved local
  196  government comprehensive plans of the units of local government
  197  located within the jurisdiction of the M.P.O. Each M.P.O. is
  198  encouraged to consider strategies that integrate transportation
  199  and land use planning to provide for sustainable development and
  200  reduce greenhouse gas emissions. The approved long-range
  201  transportation plan must be considered by local governments in
  202  the development of the transportation elements in local
  203  government comprehensive plans and any amendments thereto. The
  204  long-range transportation plan must, at a minimum:
  205         (c) Assess capital investment and other measures necessary
  206  to:
  207         1. Ensure the preservation of the existing metropolitan
  208  transportation system including requirements for the operation,
  209  resurfacing, restoration, and rehabilitation of major roadways
  210  and requirements for the operation, maintenance, modernization,
  211  and rehabilitation of public transportation facilities; and
  212         2. Make the most efficient use of existing transportation
  213  facilities to relieve vehicular congestion, improve safety, and
  214  maximize the mobility of people and goods. Such efforts must
  215  include, but are not limited to, consideration of infrastructure
  216  and technological improvements necessary to accommodate advances
  217  in vehicle technology, such as autonomous technology and other
  218  developments.
  219  
  220  In the development of its long-range transportation plan, each
  221  M.P.O. must provide the public, affected public agencies,
  222  representatives of transportation agency employees, freight
  223  shippers, providers of freight transportation services, private
  224  providers of transportation, representatives of users of public
  225  transit, and other interested parties with a reasonable
  226  opportunity to comment on the long-range transportation plan.
  227  The long-range transportation plan must be approved by the
  228  M.P.O.
  229         Section 7. Paragraph (b) of subsection (4) of section
  230  339.2816, Florida Statutes, is amended to read:
  231         339.2816 Small County Road Assistance Program.—
  232         (4)
  233         (b) In determining a county’s eligibility for assistance
  234  under this program, the department may consider:
  235         1. Whether the county has attempted to keep county roads in
  236  satisfactory condition, including the amount of local option
  237  fuel tax imposed by the county.
  238         2.The department may also consider The extent to which the
  239  county has offered to provide a match of local funds with state
  240  funds provided under the program.
  241  
  242  At a minimum, small counties shall be eligible only if the
  243  county has enacted the maximum rate of the local option fuel tax
  244  authorized by s. 336.025(1)(a). A county that adopts or enforces
  245  any local government comprehensive plan, land use map, zoning
  246  district, land development regulation, ordinance, or order that
  247  has the effect of prohibiting or unduly regulating or
  248  restricting the extraction of construction aggregate materials,
  249  as defined in s. 337.0261, or any associated activities is
  250  ineligible for assistance under this program.
  251         Section 8. Subsection (2) and paragraph (b) of subsection
  252  (4) of section 339.2818, Florida Statutes, are amended to read:
  253         339.2818 Small County Outreach Program.—
  254         (2)(a) For the purposes of this section, the term “small
  255  county” means any county that has a population of 170,000
  256  150,000 or less as determined by the most recent official
  257  estimate pursuant to s. 186.901.
  258         (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
  259  year, for purposes of this section, the term “small county”
  260  means any county that has a population of 165,000 or less as
  261  determined by the most recent official estimate pursuant to s.
  262  186.901. This paragraph expires July 1, 2016.
  263         (4)
  264         (b) In determining a county’s eligibility for assistance
  265  under this program, the department may consider whether the
  266  county has attempted to keep county roads in satisfactory
  267  condition, which may be evidenced through an established
  268  pavement management plan. A county that adopts or enforces any
  269  local government comprehensive plan, land use map, zoning
  270  district, land development regulation, ordinance, or order that
  271  has the effect of prohibiting or unduly regulating or
  272  restricting the extraction of construction aggregate materials,
  273  as defined in s. 337.0261, or any associated activities is
  274  ineligible for assistance under the program.
  275  ================= T I T L E  A M E N D M E N T ================
  276  And the title is amended as follows:
  277         Delete lines 37 - 70
  278  and insert:
  279         airport-related leases; amending s. 337.0261, F.S.;
  280         requiring local governments to consider information
  281         provided by the Department of Transportation regarding
  282         the effect that approving or denying certain
  283         regulations may have on the cost of construction
  284         aggregate materials in the local area, the region, and
  285         the state; amending s. 338.155, F.S.; requiring a toll
  286         facility to ensure the presence of signage notifying
  287         drivers if cash payment is not an option; amending s.
  288         338.165, F.S.; deleting an authorization to issue
  289         certain bonds secured by toll revenues collected on
  290         the Beeline-East Expressway, the Navarre Bridge, and
  291         the Pinellas Bayway; authorizing the department’s
  292         Pinellas Bayway System to be transferred by the
  293         department and become part of the turnpike system
  294         under the Florida Turnpike Enterprise Law; providing
  295         applicability; requiring the department to transfer
  296         certain funds to the Florida Turnpike Enterprise for
  297         certain purposes; repealing ch. 85-364, Laws of
  298         Florida, as amended, relating to the Pinellas Bayway;
  299         amending s. 338.231, F.S.; increasing the number of
  300         years before an inactive prepaid toll account is
  301         presumed to be unclaimed; deleting provisions relating
  302         to the use of revenues from the turnpike system to pay
  303         the principal and interest of a specified series of
  304         bonds and certain expenses of the Sawgrass Expressway;
  305         amending s. 339.175, F.S.; requiring certain long
  306         range transportation plans to include assessment of
  307         capital investment and other measures necessary to
  308         make the most efficient use of existing transportation
  309         facilities to improve safety; requiring the
  310         assessments to include consideration of infrastructure
  311         and technological improvements necessary to
  312         accommodate advances in vehicle technology; amending
  313         s. 339.2816, F.S.; providing certain restrictions for
  314         the eligibility of counties to receive assistance
  315         under the Small County Road Assistance Program;
  316         amending s. 339.2818, F.S.; increasing the population
  317         ceiling in the definition of the term “small county”
  318         for purposes of the program; deleting an alternative
  319         definition of the term “small county” for a specified
  320         fiscal year; providing that a county that adopts or
  321         enforces certain restrictions on the extraction of
  322         construction aggregate materials is ineligible for
  323         assistance under the program; amending s. 339.64,
  324         F.S.; requiring the