House Bill 1147c1

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    Florida House of Representatives - 1999             CS/HB 1147

        By the Committee on Transportation and Representative K.
    Smith





  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         20.23, F.S.; providing reference to seaport

  4         programs; providing for an organizational unit

  5         to administer said programs; deleting reference

  6         to the Office of Construction and including

  7         reference to the Office of Highway Operations

  8         within the Department of Transportation;

  9         amending s. 206.46, F.S.; increasing a

10         percentage amount of revenues in the State

11         Transportation Trust Fund to be transferred to

12         the Right-of-Way Acquistion and Bridge

13         Construction Trust Fund annually; increasing

14         the dollar amount which may be so transferred;

15         creating s. 215.615, F.S.; providing for state

16         bonds for federal-aid highways construction;

17         creating s. 215.616, F.S.; providing for the

18         issuance of certain revenue bonds for

19         fixed-guideway transportation systems; creating

20         s. 311.06, F.S.; providing the seaport powers

21         and duties of the Department of Transportation;

22         creating s. 311.061, F.S.; providing the

23         seaport duties and responsibilities of the

24         Department of Transportation; amending s.

25         311.07, F.S.; revising the Florida Seaport

26         Transportation and Economic Development Program

27         within the Department of Transportation;

28         renaming the program the Florida Seaport

29         Development Program; providing for seaport

30         system plans; revising project eligibility

31         requirements; amending s. 311.09, F.S.;

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  1         revising the Florida Seaport Transportation and

  2         Economic Development Council; renaming the

  3         council the Florida Seaport Development

  4         Council; deleting voting restrictions on agency

  5         members of the council; revising the functions

  6         of the Department of Transportation with

  7         respect to the council; deleting a report

  8         requirement; amending ss. 311.105 and 311.11,

  9         F.S.; conforming references to the council;

10         creating s. 316.0815, F.S.; providing for a

11         duty to yield for public transit vehicles;

12         providing penalties; amending s. 316.302, F.S.;

13         revising obsolete dates and statutory

14         references with respect to commercial motor

15         vehicles; amending s. 316.3025, F.S.;

16         correcting a cross reference; amending s.

17         316.545, F.S.; providing a maximum penalty for

18         operating a commercial motor vehicle when the

19         registration or license plate has not been

20         expired for more than 90 days; amending s.

21         316.555, F.S.; providing for an exemption from

22         locally imposed weight limits under certain

23         circumstances; amending s. 320.0715, F.S.;

24         providing an exemption from the International

25         Registration Plan; amending s. 320.20, F.S.;

26         revising the uses and disposition of certain

27         license tax money; amending s. 334.035, F.S.;

28         revising language with respect to the purpose

29         of the Florida Transportation Code; amending s.

30         334.0445, F.S.; continuing the operation of the

31         model career service classification and

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  1         compensation plan within the Department of

  2         Transportation for a certain time period;

  3         amending s. 334.046, F.S.; revising Department

  4         of Transportation program objectives; creating

  5         s. 334.071, F.S.; providing for the legislative

  6         designation of transportation facilities;

  7         amending s. 334.351, F.S.; deleting language

  8         with respect to the total amount of youth work

  9         experience program contracts; amending s.

10         335.0415, F.S.; revising a date with respect to

11         public road jurisdiction; amending s. 335.093,

12         F.S.; authorizing the department to designate

13         public roads as scenic highways; amending s.

14         337.025, F.S.; increasing the annual cap on

15         transportation project contracts that use

16         innovative construction and financing

17         techniques; amending s. 337.11, F.S.; providing

18         for contracts without advertising and

19         competitive bids; repealing authority for owner

20         controlled insurance plans in the Department of

21         Transportation; amending s. 337.16, F.S.;

22         revising language with respect to contractors

23         who are delinquent with respect to contracts

24         with the department; amending s. 337.162, F.S.;

25         revising language with respect to professional

26         services; amending s. 337.18, F.S.; revising

27         language with respect to certain surety bonds;

28         providing for bonds payable to the department

29         rather than to the Governor; amending s.

30         337.185, F.S.; increasing claim limits with

31         respect to certain contractual claims governed

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  1         by the State Arbitration Board; revising

  2         language with respect to hearings on certain

  3         disputes; increasing certain fees; amending s.

  4         337.19, F.S.; revising language with respect to

  5         suits at law and in equity brought by or

  6         against the department with respect to breach

  7         of an express provision or an implied covenant

  8         of a written agreement or a written directive

  9         issued by the department pursuant to the

10         written agreement; providing for rights and

11         obligations; prohibiting liability under

12         certain circumstances; providing exceptions

13         with respect to liability; providing for

14         applicability; amending s. 337.25, F.S.;

15         authorizing the department to purchase, lease,

16         exchange, or otherwise acquire property

17         interests; amending s. 337.251, F.S.;

18         authorizing a fixed-guideway transportation

19         system operating within the department's

20         right-of-way to operate at any safe speed;

21         amending s. 337.403, F.S.; authorizing the

22         department to participate in the cost of

23         certain clearing and grubbing with respect to

24         utility improvement relocation; amending s.

25         337.408, F.S.; revising language with respect

26         to benches and transit shelters; amending s.

27         338.223, F.S.; revising language with respect

28         to proposed turnpike projects to provide that

29         certain requirements do not apply to hardship

30         and protective purchases by the department of

31         advance right-of-way; providing definitions;

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  1         amending s. 338.229, F.S.; providing additional

  2         rights of the department with respect to

  3         certain bondholders; amending s. 339.135, F.S.;

  4         providing for allocation of certain new highway

  5         funds; amending s. 339.155, F.S.; revising

  6         language with respect to transportation

  7         planning; amending s. 339.175, F.S.; revising

  8         language with respect to metropolitan planning

  9         organizations; amending s. 341.041, F.S.;

10         directing the department to create and maintain

11         a common self-retention insurance fund to

12         support public transit projects throughout the

13         state; amending s. 341.053, F.S.; providing for

14         development of an intermodal development plan;

15         providing legislative intent with respect to

16         applicability of the act to certain seaport

17         projects; amending s. 341.302, F.S.; revising

18         language with respect to the responsibilities

19         of the department concerning the rail program;

20         amending s. 373.4137, F.S.; revising language

21         with respect to mitigation requirements;

22         amending s. 479.01, F.S.; revising definitions;

23         amending s. 479.07, F.S.; revising language

24         with respect to sign permits; amending s.

25         479.15, F.S.; revising language with respect to

26         harmony of regulations with respect to signs;

27         amending s. 479.16, F.S.; revising language

28         with respect to signs for which permits are not

29         required; repealing ss. 341.3201-341.386, F.S.;

30         eliminating the Florida High-Speed Rail

31         Transportation Act; providing effective dates.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Paragraph (b) of subsection (2) and

  4  paragraphs (a), (d), and (m) of subsection (3) of section

  5  20.23, Florida Statutes, 1998 Supplement, are amended to read:

  6         20.23  Department of Transportation.--There is created

  7  a Department of Transportation which shall be a decentralized

  8  agency.

  9         (2)

10         (b)  The commission shall have the primary functions

11  to:

12         1.  Recommend major transportation policies for the

13  Governor's approval, and assure that approved policies and any

14  revisions thereto are properly executed.

15         2.  Periodically review the status of the state

16  transportation system including highway, transit, rail,

17  seaport, intermodal development, and aviation components of

18  the system and recommend improvements therein to the Governor

19  and the Legislature.

20         3.  Perform an in-depth evaluation of the annual

21  department budget request, the Florida Transportation Plan,

22  and the tentative work program for compliance with all

23  applicable laws and established departmental policies. Except

24  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

25  the commission may not consider individual construction

26  projects, but shall consider methods of accomplishing the

27  goals of the department in the most effective, efficient, and

28  businesslike manner.

29         4.  Monitor the financial status of the department on a

30  regular basis to assure that the department is managing

31

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  1  revenue and bond proceeds responsibly and in accordance with

  2  law and established policy.

  3         5.  Monitor on at least a quarterly basis, the

  4  efficiency, productivity, and management of the department,

  5  using performance and production standards developed by the

  6  commission pursuant to s. 334.045.

  7         6.  Perform an in-depth evaluation of the factors

  8  causing disruption of project schedules in the adopted work

  9  program and recommend to the Legislature and the Governor

10  methods to eliminate or reduce the disruptive effects of these

11  factors.

12         (3)(a)  The central office shall establish departmental

13  policies, rules, procedures, and standards and shall monitor

14  the implementation of such policies, rules, procedures, and

15  standards in order to ensure uniform compliance and quality

16  performance by the districts and central office units that

17  implement transportation programs.  The central office

18  monitoring function shall be based on a plan that clearly

19  specifies what areas will be monitored, activities and

20  criteria used to measure compliance, and a feedback process

21  that assures monitoring findings are reported and deficiencies

22  corrected.  The secretary is responsible for ensuring that a

23  the central office monitoring function is implemented by

24  October 1, 1990, and that it functions properly thereafter.

25  In conjunction with its monitoring function, the central

26  office shall provide such training and administrative support

27  to the districts as the department determines to be necessary

28  to ensure that the department's programs are carried out in

29  the most efficient and effective manner.

30         (d)1.  Policy, program, or operations offices shall be

31  established within the central office for the purposes of:

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  1         a.  Developing policy and procedures and monitoring

  2  performance to ensure compliance with these policies and

  3  procedures;

  4         b.  Performing statewide activities which it is more

  5  cost-effective to perform in a central location;

  6         c.  Assessing and ensuring the accuracy of information

  7  within the department's financial management information

  8  systems; and

  9         d.  Performing other activities of a statewide nature.

10         2.  The following offices are established and shall be

11  headed by a manager, each of whom shall be appointed by and

12  serve at the pleasure of the secretary. The positions shall be

13  classified at a level equal to a division director:

14         a.  The Office of Administration;

15         b.  The Office of Policy Planning;

16         c.  The Office of Design;

17         d.  The Office of Highway Operations Office of

18  Construction;

19         e.  The Office of Right-of-Way;

20         f.  The Office of Toll Operations; and

21         g.  The Office of Information Systems.

22         3.  Other offices may be established in accordance with

23  s. 20.04(7)(6). The heads of such offices are exempt from part

24  II of chapter 110. No office or organization shall be created

25  at a level equal to or higher than a division without specific

26  legislative authority.

27         (m)  The secretary shall appoint a state public

28  transportation administrator who shall report to the Assistant

29  Secretary for Transportation Policy.  The state public

30  transportation administrator's responsibilities shall include,

31  but are not limited to, the administration of statewide

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  1  transit, rail, seaport, intermodal development, and aviation

  2  programs.  This position shall be classified at a level equal

  3  to a deputy assistant secretary. The department shall also

  4  assign to the public transportation administrator an

  5  organizational unit the primary function of which is to

  6  administer the seaport high-speed rail program.

  7         Section 2.  Subsections (2) and (3) of section 206.46,

  8  Florida Statutes, are amended to read:

  9         206.46  State Transportation Trust Fund.--

10         (2)  Notwithstanding any other provisions of law, from

11  the revenues deposited into the State Transportation Trust

12  Fund a maximum of 7 6 percent in each fiscal year shall be

13  transferred into the Right-of-Way Acquisition and Bridge

14  Construction Trust Fund created in s. 215.605, as needed to

15  meet the requirements of the documents authorizing the bonds

16  issued or proposed to be issued under ss. 215.605 and 337.276

17  or at a minimum amount sufficient to pay for the debt service

18  coverage requirements of outstanding bonds.  Notwithstanding

19  the 7 6 percent annual transfer authorized in this subsection,

20  the annual amount transferred under this subsection shall not

21  exceed an amount necessary to provide the required debt

22  service coverage levels for a maximum debt service of not to

23  exceed $135 $115 million.  Such transfer shall be payable

24  primarily from the motor and diesel fuel taxes transferred to

25  the State Transportation Trust Fund from the Fuel Tax

26  Collection Trust Fund.

27         (3)  Through fiscal year 1999-2000, a minimum of 14.3

28  percent of all state revenues deposited into the State

29  Transportation Trust Fund shall be committed annually by the

30  department for public transportation projects in accordance

31  with chapter 311, ss. 332.003-332.007, and chapter 341, and

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  1  chapter 343. Beginning in fiscal year 2000-2001, and each year

  2  thereafter, a minimum of 15 percent of all state revenues

  3  deposited into the State Transportation Trust Fund shall be

  4  committed annually by the department for public transportation

  5  projects in accordance with chapter 311, ss. 332.002-332.007,

  6  and chapter 341, and chapter 343.

  7         Section 3.  Section 215.615, Florida Statutes, is

  8  created to read:

  9         215.615  State bonds for federal-aid highways

10  construction.--

11         (1)  Upon the request of the Department of

12  Transportation, the Division of Bond Finance is authorized

13  pursuant to s. 11, Art. VII of the State Constitution and the

14  State Bond Act to issue revenue bonds, for and on behalf of

15  the Department of Transportation, for the purpose of financing

16  or refinancing the construction, reconstruction, and

17  improvement of projects that are eligible to receive

18  federal-aid highway funds.

19         (2)  Any bonds issued pursuant to this section shall be

20  payable primarily from a prior and superior claim on all

21  federal highway aid reimbursements received each year with

22  respect to federal-aid projects undertaken in accordance with

23  the provisions of Title 23 of the United States Code.

24         (3)  The term of the bonds shall not exceed a term of

25  12 years. Prior to the issuance of bonds, the Department of

26  Transportation shall determine that annual debt service on all

27  bonds issued pursuant to this section does not exceed 10

28  percent of annual apportionments to the department for federal

29  highway aid in accordance with the provisions of Title 23 of

30  the United States Code.

31

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  1         (4)  The bonds issued under this section shall not

  2  constitute a debt or general obligation of the state or a

  3  pledge of the full faith and credit or taxing power of the

  4  state. The bonds shall be secured by and are payable from the

  5  revenues pledged in accordance with this section and the

  6  resolution authorizing their issuance.

  7         (5)  The state does hereby covenant with the holders of

  8  bonds issued under this section that it will not repeal,

  9  impair, or amend this section in any manner which will

10  materially and adversely affect the rights of bondholders so

11  long as the bonds authorized by this section are outstanding

12  unless adequate provision has been made for the payment of

13  such bonds pursuant to the documents authorizing the issuance

14  of such bonds.

15         (6)  Any complaint for such validation of bonds issued

16  pursuant to this section shall be filed in the circuit court

17  of the county where the seat of state government is situated,

18  the notice required to be published by s. 75.06 shall be

19  published only in the county where the complaint is filed, and

20  the complaint and order of the circuit court shall be served

21  only on the state attorney of the circuit in which the action

22  is pending.

23         Section 4.  Section 215.616, Florida Statutes, is

24  created to read:

25         215.616  Issuance of revenue bonds authorized.--

26         (1)  The issuance of revenue bonds by the Division of

27  Bond Finance, on behalf of the Department of Transportation,

28  pursuant to s. 11, Art. VII of the State Constitution is

29  hereby authorized, pursuant to the State Bond Act, to finance

30  or refinance fixed capital expenditures for fixed-guideway

31  transportation systems, as defined in s. 341.031, including

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  1  facilities appurtenant thereto, costs of issuance, and other

  2  amounts relating to such financing or refinancing. Such

  3  revenue bonds shall be matched on a 50-50 basis with funds

  4  from sources other than revenues of the Department of

  5  Transportation, in a manner acceptable to the Department of

  6  Transportation.

  7         (a)  The Department of Transportation and any

  8  participating commuter rail authority or regional

  9  transportation authority established pursuant to chapter 343,

10  local governments, or local governments collectively by

11  interlocal agreement having jurisdiction of a fixed-guideway

12  transportation system may enter into an interlocal agreement

13  to promote the efficient and cost-effective financing or

14  refinancing of fixed-guideway transportation system projects

15  by revenue bonds issued pursuant to this subsection. The terms

16  of such interlocal agreements shall include provisions for the

17  Department of Transportation to request the issuance of the

18  bonds on behalf of the parties; provide that each party to the

19  agreement shall be contractually liable for an equal share of

20  funding an amount equal to the debt service requirements of

21  such bonds; and include any other terms, provisions, or

22  covenants necessary to the making of and full performance

23  under such interlocal agreement. Repayments made to the

24  Department of Transportation under any interlocal agreement

25  are not pledged to the repayment of bonds issued hereunder and

26  failure of the local governmental authority to make such

27  payment shall not affect the obligation of the Department of

28  Transportation to pay debt service on the bonds.

29         (b)  Revenue bonds issued pursuant to this subsection

30  shall not constitute a general obligation of the state or a

31  pledge of the full faith and credit of the state. Bonds issued

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  1  pursuant to this section shall be payable from funds available

  2  pursuant to s. 206.46(3), subject to annual appropriation. The

  3  amount of revenues available for debt service shall never

  4  exceed a maximum of 2 percent of all state revenues deposited

  5  into the State Transportation Trust Fund.

  6         (c)  The projects to be financed or refinanced with the

  7  proceeds of the revenue bonds issued hereunder are designated

  8  as state fixed capital outlay projects for purposes of s.

  9  11(d), Art. VII of the State Constitution and the specific

10  projects to be financed or refinanced shall be determined by

11  the Department of Transportation in accordance with state law

12  and appropriations from the State Transportation Trust Fund.

13  Each project to be financed with the proceeds of the bonds

14  issued pursuant to this subsection shall first be approved by

15  the Legislature by an act of general law.

16         (d)  Any complaint for validation of bonds issued

17  pursuant to this section shall be filed in the circuit court

18  of the county where the seat of state government is situated,

19  the notice required to be published by s. 75.06 shall be

20  published only in the county where the complaint is filed, and

21  the complaint and order of the circuit court shall be served

22  only on the state attorney of the circuit in which the action

23  is pending.

24         (e)  The state does hereby covenant with holders of

25  such revenue bonds or other instruments of indebtedness issued

26  hereunder that it will not repeal or impair or amend these

27  provisions in any manner which will materially adversely

28  affect the rights of such holders so long as bonds authorized

29  by this paragraph are outstanding unless adequate provision

30  has been made for the payment of such bonds pursuant to the

31  documents authorizing the issuance of such bonds.

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  1         (f)  This subsection supersedes any inconsistent

  2  provisions in existing law.

  3

  4  Notwithstanding anything in this subsection, the lien of

  5  revenue bonds issued pursuant to this subsection on moneys

  6  deposited into the State Transportation Trust Fund shall be

  7  junior and subordinate to the lien on such moneys of bonds

  8  issued pursuant to ss. 215.605, 215.615, and 320.20, and any

  9  pledge of such moneys to pay operating and maintenance

10  expenses pursuant to s. 206.46(5) and chapter 348, all as are

11  in existence or as may be amended.

12         (2)  To be eligible for participation, fixed-guideway

13  transportation system projects must comply with the major

14  capital investment policy guidelines and criteria established

15  by the Department of Transportation pursuant to chapter 341,

16  must be found to be consistent, to the maximum extent

17  feasible, with approved local government comprehensive plans

18  of the local governments in which such projects are located,

19  and must be included in the work program of the Department of

20  Transportation pursuant to the provisions of s. 339.135. The

21  Department of Transportation shall certify that the expected

22  useful life of the transportation improvements will equal or

23  exceed the maturity date of the debt to be issued.

24         Section 5.  Section 311.06, Florida Statutes, is

25  created to read:

26         311.06  Seaports; powers and duties of the Department

27  of Transportation.--

28         (1)  It shall be the duty, function, and responsibility

29  of the Department of Transportation to plan seaport systems in

30  this state. In carrying out this duty and responsibility, the

31  department may assist and advise, cooperate, and coordinate

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  1  with federal, state, local, or private organizations and

  2  individuals in planning such systems of seaports.

  3         (2)  It shall be the duty, function, and responsibility

  4  of the Department of Transportation to promote the further

  5  development and improvement of seaports and to stimulate the

  6  development of seaport commerce and seaport facilities. In

  7  carrying out this duty and responsibility, the department may

  8  advise and cooperate with municipalities, counties, regional

  9  authorities, state agencies, appropriate federal agencies, and

10  interested private individuals and groups.

11         Section 6.  Section 311.061, Florida Statutes, is

12  created to read:

13         311.061  Duties and responsibilities of the Department

14  of Transportation.--The Department of Transportation shall,

15  within the resources provided pursuant to chapter 216:

16         (1)  Provide coordination and assistance for the

17  development of a viable seaport system in this state. To

18  support the system, a statewide seaport system plan shall be

19  developed and periodically updated which summarizes 5-year,

20  10-year, and 20-year seaport facility plans and seaport needs

21  within the state. The statewide seaport system plan shall be

22  consistent with the goals of the Florida Transportation Plan

23  developed pursuant to s. 339.155. The statewide seaport system

24  plan shall not preempt local seaport master plans adopted in

25  compliance with federal and state requirements.

26         (2)  Advise and assist the Governor in all seaport

27  matters.

28         (3)  Upon request, assist seaport sponsors, both

29  financially and technically, in seaport master planning.

30         (4)  Participate in research and development programs

31  relating to seaports.

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  1         (5)  Administer department participation in the seaport

  2  program as provided for in this chapter.

  3         (6)  Encourage the maximum allocation of federal funds

  4  to seaport projects in this state.

  5         (7)  Support the development of land located within the

  6  boundaries of seaports for the purpose of industrial or other

  7  uses compatible with seaport operations with the objective of

  8  assisting seaports in this state to become fiscally

  9  self-supporting. Such assistance may include providing state

10  moneys on a matching basis to seaports for capital

11  improvements, including, but not limited to, freight and

12  passenger facilities and equipment, and road and rail

13  transportation systems which are on seaport property.

14         Section 7.  Section 311.07, Florida Statutes, is

15  amended to read:

16         311.07  Florida seaport transportation and economic

17  development funding.--

18         (1)  There is created the Florida Seaport

19  Transportation and Economic Development Program within the

20  Department of Transportation to finance port transportation or

21  port facilities projects that will improve the movement and

22  intermodal transportation of cargo or passengers in commerce

23  and trade and that will support the interests, purposes, and

24  requirements of ports located in this state.

25         (2)  A minimum of $8 million per year shall be made

26  available from the State Transportation Trust Fund to fund the

27  Florida Seaport Transportation and Economic Development

28  Program.

29         (3)(a)  Program funds shall be used to fund approved

30  projects on a 50-50 matching basis with any of the deepwater

31  ports, as listed in s. 403.021(9)(b), which is governed by a

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  1  public body or any other deepwater port which is governed by a

  2  public body and which complies with the water quality

  3  provisions of s. 403.061, the comprehensive master plan

  4  requirements of s. 163.3178(2)(k), the local financial

  5  management and reporting provisions of part III of chapter

  6  218, and the auditing provisions of s. 11.45(3)(a)4. Program

  7  funds also may be used by the Department of Transportation to

  8  develop trade forecast data to prepare 5-year, 10-year, and

  9  20-year statewide seaport system plans or to determine

10  economic benefit of proposed seaport projects Seaport

11  Transportation and Economic Development Council to develop

12  with the Florida Trade Data Center such trade data information

13  products which will assist Florida's seaports and

14  international trade.

15         (b)  Projects eligible for funding by grants under the

16  program are limited to the following port facilities or port

17  transportation projects:

18         1.  Transportation facilities within the jurisdiction

19  of the port.

20         2.  The dredging or deepening of channels, turning

21  basins, or harbors.

22         3.  The construction or rehabilitation of wharves,

23  docks, structures, jetties, piers, storage facilities, cruise

24  terminals, automated people mover systems, or any facilities

25  necessary or useful in connection with any of the foregoing

26  which accommodates freight movement and storage capacity or

27  cruise capacity.

28         4.  The acquisition of container cranes or other

29  mechanized equipment used in the movement of cargo or

30  passengers in international commerce.

31

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  1         5.  The acquisition of land to be used for port

  2  purposes.

  3         6.  The acquisition, improvement, enlargement, or

  4  extension of existing port facilities which accommodates

  5  freight movement and storage capacity or cruise capacity.

  6         7.  Information systems which provide for modernization

  7  or automation of seaport functions.

  8         8.7.  Environmental protection projects which are

  9  necessary because of requirements imposed by a state agency as

10  a condition of a permit or other form of state approval; which

11  are necessary for environmental mitigation required as a

12  condition of a state, federal, or local environmental permit;

13  which are necessary for the acquisition of spoil disposal

14  sites and improvements to existing and future spoil sites; or

15  which result from the funding of eligible projects listed

16  herein.

17         8.  Transportation facilities as defined in s.

18  334.03(31) which are not otherwise part of the Department of

19  Transportation's adopted work program.

20         9.  Seaport intermodal access projects identified in

21  the 5-year Florida Seaport System Mission Plan as provided in

22  s. 311.09(3).

23         (c)  To be eligible for consideration by the department

24  council pursuant to this section, a project must be consistent

25  with the port comprehensive master plan which is incorporated

26  as part of the approved local government comprehensive plan as

27  required by s. 163.3178(2)(k) or other provisions of the Local

28  Government Comprehensive Planning and Land Development

29  Regulation Act, part II of chapter 163.

30         (4)  A port eligible for matching funds under the

31  program may receive a distribution of not more than $7 million

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  1  during any 1 calendar year and a distribution of not more than

  2  $30 million during any 5-calendar-year period.

  3         (5)  Any port which receives funding under the program

  4  shall institute procedures to ensure that jobs created as a

  5  result of the state funding shall be subject to equal

  6  opportunity hiring practices in the manner provided in s.

  7  110.112.

  8         (6)  The Department of Transportation shall subject any

  9  project that receives funds pursuant to this section and s.

10  320.20 to a final audit.  The department may adopt rules and

11  perform such other acts as are necessary or convenient to

12  ensure that the final audits are conducted and that any

13  deficiency or questioned costs noted by the audit are

14  resolved.

15         Section 8.  Section 311.09, Florida Statutes, is

16  amended to read:

17         311.09  Florida Seaport Transportation and Economic

18  Development Council.--

19         (1)  The Florida Seaport Transportation and Economic

20  Development Council is created within the Department of

21  Transportation.  The council consists of the following 17

22  members: the port director, or the port director's designee,

23  of each of the ports of Jacksonville, Port Canaveral, Fort

24  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

25  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

26  West, and Fernandina; the secretary of the Department of

27  Transportation or his or her designee as an ex officio

28  nonvoting member; the director of the Office of Tourism,

29  Trade, and Economic Development or his or her designee as an

30  ex officio nonvoting member; and the secretary of the

31

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  1  Department of Community Affairs or his or her designee as an

  2  ex officio nonvoting member.

  3         (2)  The council shall adopt bylaws governing the

  4  manner in which the business of the council will be conducted.

  5  The bylaws shall specify the procedure by which the

  6  chairperson of the council is elected.

  7         (3)  The Department of Transportation in cooperation

  8  with the council shall prepare a 5-year Florida Seaport System

  9  Mission Plan defining the goals and objectives of the council

10  concerning the development of port facilities and an

11  intermodal transportation system consistent with the goals of

12  the Florida Transportation Plan developed pursuant to s.

13  339.155. The Florida Seaport System Mission Plan shall include

14  specific recommendations for the construction of

15  transportation facilities connecting any port to another

16  transportation mode and for the efficient, cost-effective

17  development of transportation facilities or port facilities

18  for the purpose of enhancing international trade, promoting

19  cargo flow, increasing cruise passenger movements, increasing

20  port revenues, and providing economic benefits to the state.

21  The Department of Transportation in cooperation with the

22  council shall update the 5-year Florida Seaport System Mission

23  Plan annually and shall submit the plan no later than February

24  1 of each year to the President of the Senate; the Speaker of

25  the House of Representatives; the Office of Tourism, Trade,

26  and Economic Development; the Department of Transportation;

27  and the Department of Community Affairs.  The council shall

28  develop programs, based on an examination of existing programs

29  in Florida and other states, for the training of minorities

30  and secondary school students in job skills associated with

31  employment opportunities in the maritime industry, and report

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  1  on progress and recommendations for further action to the

  2  President of the Senate and the Speaker of the House of

  3  Representatives annually, beginning no later than February 1,

  4  1991.

  5         (4)  The Department of Transportation in cooperation

  6  with the council shall adopt rules for evaluating projects

  7  which may be funded under s. 311.07. The rules shall provide

  8  criteria for evaluating the economic benefit of the project,

  9  measured by the potential for the proposed project to increase

10  cargo flow, cruise passenger movement, international commerce,

11  port revenues, and the number of jobs for the port's local

12  community.

13         (5)  The Department of Transportation in cooperation

14  with the council shall review and approve or disapprove each

15  project eligible to be funded pursuant to the Florida Seaport

16  Transportation and Economic Development Program. The

17  Department of Transportation in cooperation with the council

18  shall annually submit to the Secretary of Transportation; the

19  director of the Office of Tourism, Trade, and Economic

20  Development; and the Secretary of Community Affairs a list of

21  projects which have been approved by the council. The list

22  shall specify the recommended funding level for each project;

23  and, if staged implementation of the project is appropriate,

24  the funding requirements for each stage shall be specified.

25         (6)  The Department of Community Affairs shall review

26  the list of approved projects approved by the council to

27  determine consistency with approved local government

28  comprehensive plans of the units of local government in which

29  the port is located and consistency with the port master plan.

30  The Department of Community Affairs shall identify and notify

31  the council of those projects which are not consistent, to the

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  1  maximum extent feasible, with such comprehensive plans and

  2  port master plans.

  3         (7)  The Department of Transportation shall ensure that

  4  approved projects are consistent review the list of projects

  5  approved by the council for consistency with the Florida

  6  Transportation Plan, the intermodal development program

  7  pursuant to s. 341.053, and the department's adopted work

  8  program.  In evaluating the consistency of a project, the

  9  department shall determine whether the transportation impact

10  of the proposed project is adequately handled by existing

11  state-owned transportation facilities or by the construction

12  of additional state-owned transportation facilities as

13  identified in the Florida Transportation Plan and the

14  department's adopted work program.  In reviewing for

15  consistency a transportation facility project as defined in s.

16  334.03(31) which is not otherwise part of the department's

17  work program, the department shall evaluate whether the

18  project is needed to provide for projected movement of cargo

19  or passengers from the port to a state transportation facility

20  or local road.  If the project is needed to provide for

21  projected movement of cargo or passengers, the project shall

22  be approved for consistency as a consideration to facilitate

23  the economic development and growth of the state in a timely

24  manner. The Department of Transportation shall identify those

25  projects which are inconsistent with the Florida

26  Transportation Plan and the adopted work program and shall

27  notify the council of projects found to be inconsistent.

28         (8)  The Office of Tourism, Trade, and Economic

29  Development, in consultation with Enterprise Florida, Inc.,

30  shall review the list of approved projects approved by the

31  council to evaluate the economic benefit of the project and to

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  1  determine whether the project is consistent with the Florida

  2  Seaport System Mission Plan.  The Office of Tourism, Trade,

  3  and Economic Development shall review the economic benefits of

  4  each project based upon the rules adopted pursuant to

  5  subsection (4).  The Office of Tourism, Trade, and Economic

  6  Development shall identify those projects which it has

  7  determined do not offer an economic benefit to the state or

  8  are not consistent with the Florida Seaport System Mission

  9  Plan and shall notify the council of its findings.

10         (9)  The Department of Transportation in cooperation

11  with the council shall review the findings of the Department

12  of Community Affairs and; the Office of Tourism, Trade, and

13  Economic Development; and the Department of Transportation.

14  Projects found to be inconsistent pursuant to subsections (6),

15  (7), and (8) and projects which have been determined not to

16  offer an economic benefit to the state pursuant to subsection

17  (8) shall not be included in the list of projects to be

18  funded.

19         (10)  The Department of Transportation shall include in

20  its annual legislative budget request a Florida Seaport

21  Transportation and Economic Development grant Program for

22  expenditure of funds of not less than $8 million per year.

23  Such budget shall include funding for approved projects

24  approved by the council which have been determined by each

25  agency to be consistent and which have been determined by the

26  Office of Tourism, Trade, and Economic Development to be

27  economically beneficial. The council may submit to the

28  department a list of approved projects that could be made

29  production-ready within the next 2 years. The list shall be

30  submitted as part of the needs and project list prepared

31  pursuant to s. 339.135.

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  1         (11)  The council shall meet at the call of its

  2  chairperson, at the request of a majority of its membership,

  3  or at such times as may be prescribed in its bylaws.  However,

  4  the council must meet at least semiannually.  A majority of

  5  voting members of the council constitutes a quorum for the

  6  purpose of transacting the business of the council.  All

  7  members of the council are voting members except for members

  8  representing the Department of Transportation; the Department

  9  of Community Affairs; and the Office of Tourism, Trade, and

10  Economic Development.  A vote of the majority of the voting

11  members present is sufficient for any action of the council,

12  unless the bylaws of the council require a greater vote for a

13  particular action.

14         (12)  Members of the council shall serve without

15  compensation but are entitled to receive reimbursement for per

16  diem and travel expenses as provided in s. 112.061.  The

17  Department of Transportation council may elect to provide an

18  administrative staff to provide services to the council on

19  matters relating to the Florida Seaport Transportation and

20  Economic Development Program and the council.  The cost for

21  such administrative services shall be reimbursed paid by all

22  ports that receive funding from the Florida Seaport

23  Transportation and Economic Development Program, based upon a

24  pro rata formula measured by each recipient's share of the

25  funds as compared to the total funds disbursed to all

26  recipients during the year.  The share of costs for

27  administrative services shall be paid in its total amount by

28  the recipient port upon execution by the port and the

29  Department of Transportation of a joint participation

30  agreement for each council-approved project, and such payment

31

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  1  is in addition to the matching funds required to be paid by

  2  the recipient port.

  3         Section 9.  Subsection (1) of section 311.105, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         311.105  Florida Seaport Environmental Management

  6  Committee; permitting; mitigation.--

  7         (1)(a)  There is created the Florida Seaport

  8  Environmental Management Committee, which shall be under the

  9  direction of the Florida Seaport Transportation and Economic

10  Development Council.

11         (b)  The committee shall consist of the following

12  members:  the Secretary of Environmental Protection, or his or

13  her designee, as an ex officio, nonvoting member; a designee

14  from the United States Army Corps of Engineers, as an ex

15  officio, nonvoting member; a designee from the Florida Inland

16  Navigation District, as an ex officio, nonvoting member; the

17  Secretary of Community Affairs, or his or her designee, as an

18  ex officio, nonvoting member; and five or more port directors,

19  as voting members, appointed to the committee by the council

20  chair, who shall also designate one such member as committee

21  chair.

22         (c)  The committee shall meet at the call of the chair

23  but must meet at least semiannually.  A majority of the voting

24  members constitutes a quorum for the purpose of transacting

25  business of the committee, and a vote of the majority of the

26  voting members present is required for official action by the

27  committee.

28         (d)  The committee shall provide a forum for discussion

29  of environmental issues, including, but not limited to, those

30  relating to maintenance dredging and dredged-material

31  management; environmental mitigation; air and water quality

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  1  permitting; and the maintenance of navigation channels, port

  2  harbors, turning basins, harbor berths, and associated

  3  facilities.

  4         (e)  The committee shall work closely with the

  5  Department of Environmental Protection, United States Army

  6  Corps of Engineers, and ports listed in s. 403.021(9)(b) to

  7  ensure that suitable dredged material is deposited on

  8  Florida's beaches to the extent the committee determines to be

  9  economically feasible and consistent with beach restoration

10  and other beneficial uses criteria of the Department of

11  Environmental Protection.

12         Section 10.  Subsection (1) of section 311.11, Florida

13  Statutes, is amended to read:

14         311.11  Seaport Employment Training Grant Program.--

15         (1)  The Office of Tourism, Trade, and Economic

16  Development, in cooperation with the Florida Seaport

17  Transportation and Economic Development Council, shall

18  establish a Seaport Employment Training Grant Program within

19  the office.  The office shall grant funds appropriated by the

20  Legislature to the program for the purpose of stimulating and

21  supporting seaport training and employment programs which will

22  seek to match state and local training programs with

23  identified job skills associated with employment opportunities

24  in the port, maritime, and transportation industries, and for

25  the purpose of providing such other training, educational, and

26  information services as required to stimulate jobs in the

27  described industries.  Funds may be used for the purchase of

28  equipment to be used for training purposes, hiring

29  instructors, and any other purpose associated with the

30  training program.  The office's contribution to any specific

31  training program may not exceed 50 percent of the total cost

                                  26

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  1  of the program. Matching contributions may include services in

  2  kind, including, but not limited to, training instructors,

  3  equipment usage, and training facilities.

  4         Section 11.  Section 316.0815, Florida Statutes, is

  5  created to read:

  6         316.0815  Duty to yield to public transit vehicles.--

  7         (1)  The driver of a vehicle shall yield the

  8  right-of-way to a publicly owned transit bus traveling in the

  9  same direction which has signaled and is reentering the

10  traffic flow from a specifically designated pullout bay.

11         (2)  This section does not relieve the driver of a

12  public transit vehicle from the duty to drive with due regard

13  for the safety of all persons using the roadway.

14         (3)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a moving violation as

16  provided in chapter 318.

17         Section 12.  Paragraph (b) of subsection (1) and

18  paragraphs (e) and (f) of subsection (2) of section 316.302,

19  Florida Statutes, 1998 Supplement, are amended to read:

20         316.302  Commercial motor vehicles; safety regulations;

21  transporters and shippers of hazardous materials;

22  enforcement.--

23         (1)

24         (b)  Except as otherwise provided in this section, all

25  owners or drivers of commercial motor vehicles that are

26  engaged in intrastate commerce are subject to the rules and

27  regulations contained in 49 C.F.R. parts 382, 385, and

28  390-397, with the exception of 49 C.F.R. s. 390.5 as it

29  relates to the definition of bus, as such rules and

30  regulations existed on March 1, 1999 1997.

31         (2)

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  1         (e)  A person who operates a commercial motor vehicle

  2  solely in intrastate commerce is exempt from subsection (1)

  3  while transporting agricultural products, including

  4  horticultural or forestry products, from farm or harvest place

  5  to the first place of processing or storage, or from farm or

  6  harvest place directly to market.  However, such person must

  7  comply with 49 C.F.R. part 391, subpart H and parts 382, 392,

  8  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and s. 396.9.

  9         (f)  A person who operates a commercial motor vehicle

10  having a declared gross vehicle weight of less than 26,000

11  pounds solely in intrastate commerce and who is not

12  transporting hazardous materials, or who is transporting

13  petroleum products as defined in s. 376.301(31)(29), is exempt

14  from subsection (1). However, such person must comply with 49

15  C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.

16  396.3(a)(1) and s. 396.9.

17         Section 13.  Paragraph (c) of subsection (3) of section

18  316.3025, Florida Statutes, is amended to read:

19         316.3025  Penalties.--

20         (3)

21         (c)  A civil penalty of $250 may be assessed for:

22         1.  A violation of the placarding requirements of 49

23  C.F.R. parts 171-179;

24         2.  A violation of the shipping paper requirements of

25  49 C.F.R. parts 171-179;

26         3.  A violation of 49 C.F.R. s. 392.10;

27         4.  A violation of 49 C.F.R. s. 397.5 395.5;

28         5.  A violation of 49 C.F.R. s. 397.7;

29         6.  A violation of 49 C.F.R. s. 397.13; or

30         7.  A violation of 49 C.F.R. s. 397.15.

31

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  1         Section 14.  Paragraph (b) of subsection (2) of section

  2  316.545, Florida Statutes, is amended to read:

  3         316.545  Weight and load unlawful; special fuel and

  4  motor fuel tax enforcement; inspection; penalty; review.--

  5         (2)

  6         (b)  The officer shall inspect the license plate or

  7  registration certificate of the commercial vehicle, as defined

  8  in s. 316.003(66), to determine if its gross weight is in

  9  compliance with the declared gross vehicle weight.  If its

10  gross weight exceeds the declared weight, the penalty shall be

11  5 cents per pound on the difference between such weights.  In

12  those cases when the commercial vehicle, as defined in s.

13  316.003(66), is being operated over the highways of the state

14  with an expired registration or with no registration from this

15  or any other jurisdiction or is not registered under the

16  applicable provisions of chapter 320, the penalty herein shall

17  apply on the basis of 5 cents per pound on that scaled weight

18  which exceeds 35,000 pounds on laden truck tractor-semitrailer

19  combinations or tandem trailer truck combinations, 10,000

20  pounds on laden straight trucks or straight truck-trailer

21  combinations, or 10,000 pounds on any unladen commercial motor

22  vehicle. If the license plate or registration has not been

23  expired for more than 90 days, the penalty imposed under this

24  paragraph may not exceed $1,000. In the case of special mobile

25  equipment as defined in s. 316.003(48), which qualifies for

26  the license tax provided for in s. 320.08(5)(b), being

27  operated on the highways of the state with an expired

28  registration or otherwise not properly registered under the

29  applicable provisions of chapter 320, a penalty of $75 shall

30  apply in addition to any other penalty which may apply in

31  accordance with this chapter.  A vehicle found in violation of

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  1  this section may be detained until the owner or operator

  2  produces evidence that the vehicle has been properly

  3  registered.  Any costs incurred by the retention of the

  4  vehicle shall be the sole responsibility of the owner.  A

  5  person who has been assessed a penalty pursuant to this

  6  paragraph for failure to have a valid vehicle registration

  7  certificate pursuant to the provisions of chapter 320 is not

  8  subject to the delinquent fee authorized in s. 320.07 if such

  9  person obtains a valid registration certificate within 10

10  working days after such penalty was assessed.

11         Section 15.  Section 316.555, Florida Statutes, is

12  amended to read:

13         316.555  Weight, load, speed limits may be lowered;

14  condition precedent.--Anything in this chapter to the contrary

15  notwithstanding, the Department of Transportation with respect

16  to state roads, and local authorities with respect to highways

17  under their jurisdiction, may prescribe, by notice hereinafter

18  provided for, loads and weights and speed limits lower than

19  the limits prescribed in this chapter and other laws, whenever

20  in its or their judgment any road or part thereof or any

21  bridge or culvert shall, by reason of its design,

22  deterioration, rain, or other climatic or natural causes be

23  liable to be damaged or destroyed by motor vehicles, trailers,

24  or semitrailers, if the gross weight or speed limit thereof

25  shall exceed the limits prescribed in said notice.  The

26  Department of Transportation or local authority may, by like

27  notice, regulate or prohibit, in whole or in part, the

28  operation of any specified class or size of motor vehicles,

29  trailers, or semitrailers on any highways or specified parts

30  thereof under its or their jurisdiction, whenever in its or

31  their judgment, such regulation or prohibition is necessary to

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  1  provide for the public safety and convenience on the highways,

  2  or parts thereof, by reason of traffic density, intensive use

  3  thereof by the traveling public, or other reasons of public

  4  safety and convenience.  The notice or the substance thereof

  5  shall be posted at conspicuous places at terminals of all

  6  intermediate crossroads and road junctions with the section of

  7  highway to which the notice shall apply.  After any such

  8  notice has been posted, the operation of any motor vehicle or

  9  combination contrary to its provisions shall constitute a

10  violation of this chapter. An exemption from any locally

11  imposed weight limit shall be granted by a local government to

12  vehicles transporting silvicultural and agricultural products

13  and to equipment used in connection with silvicultural and

14  agricultural site management when a county road offers the

15  only access into and out of the property. This exemption shall

16  not apply to any bridge or other structure which has weight

17  restrictions established for safety reasons. However, no

18  limitation shall be established by any county, municipal, or

19  other local authorities pursuant to the provisions of this

20  section that would interfere with or interrupt traffic as

21  authorized hereunder over state roads, including officially

22  established detours for such highways, including cases where

23  such traffic passes over roads, streets or thoroughfares

24  within the sole jurisdiction of the county, municipal or other

25  local authorities unless such limitations and further

26  restrictions have first been approved by the Department of

27  Transportation. With respect to county roads, except such as

28  are in use as state road detours, the respective county road

29  authorities shall have full power and authority to further

30  limit the weights of vehicles upon bridges and culverts upon

31  such public notice as they deem sufficient, and existing laws

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  1  applicable thereto shall not be affected by the terms of this

  2  chapter.

  3         Section 16.  Subsection (5) is added to section

  4  320.0715, Florida Statutes, to read:

  5         320.0715  International Registration Plan; motor

  6  carrier services; permits; retention of records.--

  7         (5)  The provisions of this section do not apply to any

  8  commercial motor vehicle domiciled in a foreign state that

  9  enters this state solely for the purpose of bringing a

10  commercial vehicle in for repairs, or picking up a newly

11  purchased commercial vehicle, so long as the commercial motor

12  vehicle is operated by its owner and is not hauling a load.

13         Section 17.  Section 320.20, Florida Statutes, is

14  amended to read:

15         320.20  Disposition of license tax moneys.--The revenue

16  derived from the registration of motor vehicles, including any

17  delinquent fees and excluding those revenues collected and

18  distributed under the provisions of s. 320.081, must be

19  distributed monthly, as collected, as follows:

20         (1)  The first proceeds, to the extent necessary to

21  comply with the provisions of s. 18, Art. XII of the State

22  Constitution of 1885, as adopted by s. 9(d), Art. XII, 1968

23  revised constitution, and the additional provisions of s. 9(d)

24  and s. 236.602, must be deposited in the district Capital

25  Outlay and Debt Service School Trust Fund.

26         (2)  Twenty-five million dollars per year of such

27  revenues must be deposited in the State Transportation Trust

28  Fund, with priority use assigned to completion of the

29  interstate highway system.  However, any excess funds may be

30  utilized for general transportation purposes, consistent with

31  the Department of Transportation's legislatively approved

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  1  objectives.  Prior to such utilization, the department's

  2  comptroller shall certify that adequate funds are available to

  3  assure expeditious completion of the interstate highway system

  4  and to award all such contracts by 1990.

  5         (2)(3)  Notwithstanding any other provision of law

  6  except subsection (1) subsections (1) and (2), on July 1,

  7  1996, and annually thereafter, $15 million shall be deposited

  8  in the State Transportation Trust Fund solely for the purposes

  9  of funding the Florida Seaport Transportation and Economic

10  Development Program as provided for in chapter 311.  Such

11  revenues shall be distributed on a 50-50 matching basis to any

12  port listed in s. 311.09(1) to be used for funding projects as

13  described in s. 311.07(3)(b).  Such revenues may be assigned,

14  pledged, or set aside as a trust for the payment of principal

15  or interest on bonds, tax anticipation certificates, or any

16  other form of indebtedness issued by an individual port or

17  appropriate local government having jurisdiction thereof, or

18  collectively by interlocal agreement among any of the ports,

19  or used to purchase credit support to permit such borrowings.

20  However, such debt shall not constitute a general obligation

21  of the State of Florida.  The state does hereby covenant with

22  holders of such revenue bonds or other instruments of

23  indebtedness issued hereunder that it will not repeal or

24  impair or amend in any manner which will materially and

25  adversely affect the rights of such holders so long as bonds

26  authorized by this section are outstanding.  Any revenues

27  which are not pledged to the repayment of bonds as authorized

28  by this section may be utilized for purposes authorized under

29  the Florida Seaport Transportation and Economic Development

30  Program.  This revenue source is in addition to any amounts

31  provided for and appropriated in accordance with s. 311.07.

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  1  The Florida Seaport Transportation and Economic Development

  2  Council shall approve distribution of funds to ports for

  3  projects which have been approved pursuant to s.

  4  311.09(5)-(9).  The council and the Department of

  5  Transportation are authorized to perform such acts as are

  6  required to facilitate and implement the provisions of this

  7  subsection.  To better enable the ports to cooperate to their

  8  mutual advantage, the governing body of each port may exercise

  9  powers provided to municipalities or counties in s.

10  163.01(7)(d) subject to the provisions of chapter 311 and

11  special acts, if any, pertaining to a port.  The use of funds

12  provided pursuant to this subsection are limited to eligible

13  projects listed in this subsection.  Income derived from a

14  project completed with the use of program funds, beyond

15  operating costs and debt service, shall be restricted to

16  further port capital improvements consistent with maritime

17  purposes and for no other purpose.  Use of such income for

18  nonmaritime purposes is prohibited. The provisions of s.

19  311.07(4) do not apply to any funds received pursuant to this

20  subsection.

21         (3)(4)  Notwithstanding any other provision of law

22  except subsections (1) and, (2), and (3), on July 1, 2001, and

23  annually thereafter, $10 million shall be deposited in the

24  State Transportation Trust Fund solely for the purposes of

25  funding the Florida Seaport Transportation and Economic

26  Development Program as provided in chapter 311 and for funding

27  seaport intermodal access projects of statewide significance

28  as provided in s. 341.053. The department is directed to

29  develop, by January 15, 2001, a seaport system plan for the

30  expansion and modernization of seaports, including

31  recommendations for use of the funds provided pursuant to this

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  1  subsection for additional bond financing of seaport and

  2  intermodal access projects. Such revenues shall be distributed

  3  to any port listed in s. 311.09(1), to be used for funding

  4  projects as follows:

  5         (a)  For any seaport intermodal access projects that

  6  are identified in the 1997-1998 Tentative Work Program of the

  7  Department of Transportation, up to the amounts needed to

  8  offset the funding requirements of this section; and

  9         (b)  For seaport intermodal access projects as

10  described in s. 341.053(5) that are identified in the 5-year

11  Florida Seaport Mission Plan as provided in s. 311.09(3).

12  Funding for such projects shall be on a matching basis as

13  mutually determined by the Florida Seaport Transportation and

14  Economic Development Council and the Department of

15  Transportation, provided a minimum of 25 percent of total

16  project funds shall come from any port funds, local funds,

17  private funds, or specifically earmarked federal funds; or

18         (c)  On a 50-50 matching basis for projects as

19  described in s. 311.07(3)(b).

20

21  Such revenues may be assigned, pledged, or set aside as a

22  trust for the payment of principal or interest on bonds, tax

23  anticipation certificates, or any other form of indebtedness

24  issued by an individual port or appropriate local government

25  having jurisdiction thereof, or collectively by interlocal

26  agreement among any of the ports, or used to purchase credit

27  support to permit such borrowings. However, such debt shall

28  not constitute a general obligation of the state. This state

29  does hereby covenant with holders of such revenue bonds or

30  other instruments of indebtedness issued hereunder that it

31  will not repeal or impair or amend this subsection in any

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  1  manner which will materially and adversely affect the rights

  2  of holders so long as bonds authorized by this subsection are

  3  outstanding. Any revenues that are not pledged to the

  4  repayment of bonds as authorized by this section may be

  5  utilized for purposes authorized under the Florida Seaport

  6  Transportation and Economic Development Program. This revenue

  7  source is in addition to any amounts provided for and

  8  appropriated in accordance with s. 311.07 and subsection (3).

  9  The Florida Seaport Transportation and Economic Development

10  Council shall approve distribution of funds to ports for

11  projects that have been approved pursuant to s. 311.09(5)-(9),

12  or for seaport intermodal access projects identified in the

13  5-year Florida Seaport Mission Plan as provided in s.

14  311.09(3) and mutually agreed upon by the FSTED Council and

15  the Department of Transportation.  All contracts for actual

16  construction of projects authorized by this subsection must

17  include a provision encouraging employment of WAGES

18  participants.  The goal for employment of WAGES participants

19  is 25 percent of all new employees employed specifically for

20  the project, unless the Department of Transportation and the

21  Florida Seaport Transportation and Economic Development

22  Council can demonstrate to the satisfaction of the Secretary

23  of Labor and Employment Security that such a requirement would

24  severely hamper the successful completion of the project. In

25  such an instance, the Secretary of Labor and Employment

26  Security shall establish an appropriate percentage of

27  employees that must be WAGES participants. The council and the

28  Department of Transportation are authorized to perform such

29  acts as are required to facilitate and implement the

30  provisions of this subsection. To better enable the ports to

31  cooperate to their mutual advantage, the governing body of

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  1  each port may exercise powers provided to municipalities or

  2  counties in s. 163.01(7)(d) subject to the provisions of

  3  chapter 311 and special acts, if any, pertaining to a port.

  4  The use of funds provided pursuant to this subsection is

  5  limited to eligible projects listed in this subsection. The

  6  provisions of s. 311.07(4) do not apply to any funds received

  7  pursuant to this subsection.

  8         (4)(5)(a)  Except as provided in paragraph (c), the

  9  remainder of such revenues must be deposited in the State

10  Transportation Trust Fund.

11         (b)  Beginning July 1, 1989, the State Comptroller each

12  month shall deposit in the State Transportation Trust Fund an

13  amount, drawn from other funds in the State Treasury which are

14  not immediately needed or are otherwise in excess of the

15  amount necessary to meet the requirements of the State

16  Treasury, which when added to such remaining revenues each

17  month will equal one-twelfth of the amount of the anticipated

18  annual revenues to be deposited in the State Transportation

19  Trust Fund under paragraph (a) as estimated by the most recent

20  revenue estimating conference held pursuant to s. 216.136(3).

21  The transfers required hereunder may be suspended by action of

22  the Administration Commission in the event of a significant

23  shortfall of state revenues.

24         (c)  In any month in which the remaining revenues

25  derived from the registration of motor vehicles exceed

26  one-twelfth of those anticipated annual remaining revenues as

27  determined by the revenue estimating conference, the excess

28  shall be credited to those state funds in the State Treasury

29  from which the amount was originally drawn, up to the amount

30  which was deposited in the State Transportation Trust Fund

31  under paragraph (b).  A final adjustment must be made in the

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  1  last months of a fiscal year so that the total revenue

  2  deposited in the State Transportation Trust Fund each year

  3  equals the amount derived from the registration of motor

  4  vehicles, less the amount distributed under subsection (1).

  5  For the purposes of this paragraph and paragraph (b), the term

  6  "remaining revenues" means all revenues deposited into the

  7  State Transportation Trust Fund under paragraph (a) and

  8  subsections (2) and (3). In order that interest earnings

  9  continue to accrue to the General Revenue Fund, the Department

10  of Transportation may not invest an amount equal to the

11  cumulative amount of funds deposited in the State

12  Transportation Trust Fund under paragraph (b) less funds

13  credited under this paragraph as computed on a monthly basis.

14  The amounts to be credited under this and the preceding

15  paragraph must be calculated and certified to the Comptroller

16  by the Executive Office of the Governor.

17         Section 18.  Section 334.035, Florida Statutes, is

18  amended to read:

19         334.035  Purpose of transportation code.--The purpose

20  of the Florida Transportation Code is to establish the

21  responsibilities of the state, the counties, and the

22  municipalities in the planning and development of the

23  transportation systems serving the people of the state and to

24  assure the development of an integrated, balanced statewide

25  transportation system which enhances economic development

26  through promotion of international trade and interstate and

27  intrastate commerce.  This code is necessary for the

28  protection of the public safety and general welfare and for

29  the preservation of all transportation facilities in the

30  state.  The chapters in the code shall be considered

31  components of the total code, and the provisions therein,

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  1  unless expressly limited in scope, shall apply to all

  2  chapters.

  3         Section 19.  Subsection (1) of section 334.0445,

  4  Florida Statutes, 1998 Supplement, is amended to read:

  5         334.0445  Model career service classification and

  6  compensation plan.--

  7         (1)  Effective July 1, 1994, the Legislature grants to

  8  the Department of Transportation in consultation with the

  9  Department of Management Services, the Executive Office of the

10  Governor, legislative appropriations committees, legislative

11  personnel committees, and the affected certified bargaining

12  unions, the authority on a pilot basis to develop and

13  implement a model career service classification and

14  compensation system. Such system shall be developed for use by

15  all state agencies. Authorization for this program will be

16  through June 30, 2002 for 3 fiscal years beginning July 1,

17  1994, and ending June 30, 1997; however, the department may

18  elect or be directed by the Legislature to return to the

19  current system at anytime during this period if the model

20  system does not meet the stated goals and objectives.

21         Section 20.  Section 334.046, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section.  See

24         s. 334.046, F.S., for present text.)

25         334.046  Department mission, goals, and objectives.--

26         (1)  The mission of the Department of Transportation

27  shall be to provide a safe, interconnected statewide

28  transportation system for Florida's citizens and visitors that

29  ensures the mobility of people and freight, while enhancing

30  economic prosperity and sustaining the quality of our

31  environment.

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  1         (2)  The department shall document in the Florida

  2  Transportation Plan pursuant to s. 339.155 the goals and

  3  objectives which provide statewide policy guidance for

  4  accomplishing the department's mission.

  5         (3)  At a minimum, the department's goals shall address

  6  the following:

  7         (a)  Providing a safe transportation system for

  8  residents, visitors, and commerce.

  9         (b)  Preservation of the transportation system.

10         (c)  Providing an interconnected transportation system

11  to support Florida's economy.

12         (d)  Providing travel choices to support Florida's

13  communities.

14         Section 21.  Section 334.071, Florida Statutes, is

15  created to read:

16         334.071  Legislative designation of transportation

17  facilities.--

18         (1)  Designation of a transportation facility contained

19  in an act of the Legislature is for honorary or memorial

20  purposes or to distinguish a particular facility, and unless

21  specifically provided for, shall not be construed to require

22  any action by a local government or private party regarding

23  the changing of any street signs, mailing address, or 911

24  emergency telephone number system listing.

25         (2)  The effect of such designations shall only be

26  construed to require the placement of markers by the

27  department at the termini or intersections specified for each

28  highway segment or bridge designated, and as authority for the

29  department to place other markers as appropriate for the

30  transportation facility being designated.

31

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  1         Section 22.  Section 334.351, Florida Statutes, is

  2  amended to read:

  3         334.351  Youth work experience program; findings and

  4  intent; authority to contract; limitation.--The Legislature

  5  finds and declares that young men and women of the state

  6  should be given an opportunity to obtain public service work

  7  and training experience that protects and conserves the

  8  valuable resources of the state and promotes participation in

  9  other community enhancement projects. Notwithstanding the

10  requirements of chapters 287 and 337, the Department of

11  Transportation is authorized to contract with public agencies

12  and nonprofit organizations for the performance of work

13  related to the construction and maintenance of

14  transportation-related facilities by youths enrolled in youth

15  work experience programs. The total amount of contracts

16  entered into by the department under this section in any

17  fiscal year may not exceed the amount specifically

18  appropriated by the Legislature for this program.

19         Section 23.  Subsection (1) of section 335.0415,

20  Florida Statutes, is amended to read:

21         335.0415  Public road jurisdiction and transfer

22  process.--

23         (1)  The jurisdiction of public roads and the

24  responsibility for operation and maintenance within the

25  right-of-way of any road within the state, county, and

26  municipal road system shall be that which existed on June 10,

27  1995 exists on July 1, 1995.

28         Section 24.  Subsection (1) of section 335.093, Florida

29  Statutes, is amended to read:

30         335.093  Scenic highway designation.--

31

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  1         (1)  The Department of Transportation may, after

  2  consultation with other state agencies and local governments,

  3  designate public roads as scenic highways on the state highway

  4  system. Public roads Highways designated as scenic highways

  5  are intended to preserve, maintain, and protect a part of

  6  Florida's cultural, historical, and scenic routes on the State

  7  Highway System for vehicular, bicycle, and pedestrian travel.

  8         Section 25.  Section 337.025, Florida Statutes, is

  9  amended to read:

10         337.025  Innovative highway projects; department to

11  establish program.--The department is authorized to establish

12  a program for highway projects demonstrating innovative

13  techniques of highway construction and finance which have the

14  intended effect of controlling time and cost increases on

15  construction projects.  Such techniques may include, but are

16  not limited to, state-of-the-art technology for pavement,

17  safety, and other aspects of highway construction; innovative

18  bidding and financing techniques; accelerated construction

19  procedures; and those techniques that have the potential to

20  reduce project life cycle costs.  To the maximum extent

21  practical, the department must use the existing process to

22  award and administer construction contracts.  When specific

23  innovative techniques are to be used, the department is not

24  required to adhere to those provisions of law that would

25  prevent, preclude, or in any way prohibit the department from

26  using the innovative technique.  However, prior to using an

27  innovative technique that is inconsistent with another

28  provision of law, the department must document in writing the

29  need for the exception and identify what benefits the

30  traveling public and the affected community are anticipated to

31  receive. The department may enter into no more than $120 $60

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  1  million in contracts annually for the purposes authorized by

  2  this section.

  3         Section 26.  Paragraph (c) is added to subsection (6)

  4  of section 337.11, Florida Statutes, and subsection (16) of

  5  said section is amended, to read:

  6         337.11  Contracting authority of department; bids;

  7  emergency repairs, supplemental agreements, and change orders;

  8  combined design and construction contracts; progress payments;

  9  records; requirements of vehicle registration.--

10         (6)

11         (c)  When the department determines that it is in the

12  best interest of the public for reasons of public concern,

13  economy, improved operations, or safety, and only when

14  circumstances dictate rapid completion of the work, the

15  department may, up to the threshold amount provided in s.

16  287.017 for CATEGORY FOUR, enter into contracts for

17  construction and maintenance without advertising and receiving

18  competitive bids. The department may enter into such contracts

19  only upon a determination that the work is necessary for one

20  of the following reasons:

21         1.  To ensure timely completion of projects or

22  avoidance of undue delay for other projects;

23         2.  To accomplish minor repairs or construction and

24  maintenance activities for which time is of the essence and

25  for which significant costs savings would occur; or

26         3.  To accomplish nonemergency work necessary to ensure

27  avoidance of adverse conditions that affect the safe and

28  efficient flow of traffic.

29

30  Prior to entering into any contract pursuant to this

31  paragraph, the department shall make a good faith effort to

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  1  obtain two or more quotes from qualified contractors, if

  2  available. The department shall also consider disadvantaged

  3  business enterprise participation in such contracts. When the

  4  work exists within the limits of an existing department

  5  contract, the department shall make a good faith effort to

  6  negotiate and enter into a contract with the prime contractor

  7  on the existing contract.

  8         (16)  The department is authorized to undertake and

  9  contract to provide an owner controlled insurance plan (OCIP)

10  on any construction project or group of related construction

11  projects if the head of the department determines that an OCIP

12  will be both cost-effective for the department and otherwise

13  in its best interests.  Such OCIP may provide insurance

14  coverage for the department and for worker's compensation and

15  employers liability and general liability and builders risk

16  for contractors and subcontractors, for and in conjunction

17  with any or all work performed on such projects.  The

18  department may directly purchase such coverage in the manner

19  provided for the purchase of commodities pursuant to s.

20  287.057, or self-insure, or use a combination thereof, any

21  other statutory provisions or limitations on self-insurance or

22  purchase of insurance notwithstanding.  The department's

23  authority hereunder includes the purchase of risk management,

24  risk and loss control, safety management, investigative and

25  claims adjustment services, advancement of funds for payment

26  of claims, and other services reasonably necessary to process

27  and pay claims under and administer the OCIP.  In addition to

28  any prequalification required under s. 337.14, no contractor

29  shall be prequalified to bid on an OCIP project unless the

30  contractor's casualty and loss experience and safety record

31  meets the minimum requirements for OCIP coverage issuance on

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  1  the project, were the contractor to be awarded the project.

  2  Exercise of the department's authority under this subsection

  3  shall not be deemed a waiver of sovereign immunity.

  4         Section 27.  Paragraph (a) of subsection (1) of section

  5  337.16, Florida Statutes, is amended to read:

  6         337.16  Disqualification of delinquent contractors from

  7  bidding; determination of contractor nonresponsibility;

  8  denial, suspension, and revocation of certificates of

  9  qualification; grounds; hearing.--

10         (1)  A contractor shall not be qualified to bid when an

11  investigation by the department discloses that such contractor

12  is delinquent on a previously awarded contract, and in such

13  case the contractor's certificate of qualification shall be

14  suspended or revoked.  Any contractor whose certificate of

15  qualification is suspended or revoked for delinquency shall

16  also be disapproved as a subcontractor during the period of

17  suspension or revocation, except when a prime contractor's bid

18  has used prices of a subcontractor who becomes disqualified

19  after the bid and before the request for authorization to

20  sublet is presented.

21         (a)  A contractor is delinquent when unsatisfactory

22  progress is being made on a construction project or when the

23  allowed contract time has expired and the contract work is not

24  complete. Unsatisfactory progress shall be determined in

25  accordance with the contract provisions.

26         Section 28.  Subsection (2) of section 337.162, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         337.162  Professional services.--Professional services

29  provided to the department that fall below acceptable

30  professional standards may result in transportation project

31  delays, overruns, and reduced facility life. To minimize these

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  1  effects and ensure that quality services are received, the

  2  Legislature hereby declares that licensed professionals shall

  3  be held accountable for the quality of the services they

  4  provide to the department.

  5         (2)  Any person who is employed by the department and

  6  who is licensed by the Department of Business and Professional

  7  Regulation and who, through the course of his or her

  8  employment, has knowledge or reason to believe that any person

  9  has violated the provisions of state professional licensing

10  laws or rules shall submit a complaint about the violations to

11  the Department of Business and Professional Regulation.

12  Failure to submit a complaint about the violations may be

13  grounds for disciplinary action pursuant to part I of chapter

14  455 and the state licensing law applicable to that licensee.

15  However, licensees under part II of chapter 475 are exempt

16  from the provisions of s. 455.227(1)(i). The complaint

17  submitted to the Department of Business and Professional

18  Regulation and maintained by the department is confidential

19  and exempt from s. 119.07(1).

20         Section 29.  Subsections (1) and (2) of section 337.18,

21  Florida Statutes, 1998 Supplement, are amended to read:

22         337.18  Surety bonds; requirement with respect to

23  contract award; defaults; damage assessments.--

24         (1)  A surety bond shall be required of the successful

25  bidder in an amount equal to the awarded contract price. For a

26  project for which the contract price is $150,000 or less, the

27  department may waive the requirement for all or a portion of a

28  surety bond if it determines the project is of a noncritical

29  nature and nonperformance will not endanger public health,

30  safety, or property. The department may require alternate

31  means of security if a surety bond is waived. The surety on

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  1  such bond shall be a surety company authorized to do business

  2  in the state. All bonds shall be payable to the department

  3  Governor and his or her successors in office and conditioned

  4  for the prompt, faithful, and efficient performance of the

  5  contract according to plans and specifications and within the

  6  time period specified, and for the prompt payment of all

  7  persons furnishing labor, material, equipment, and supplies

  8  therefor; however, whenever an improvement, demolition, or

  9  removal contract price is $25,000 or less, the security may,

10  in the discretion of the bidder, be in the form of a cashier's

11  check, bank money order of any state or national bank,

12  certified check, or postal money order.

13         (2)  The department shall provide in its contracts for

14  the determination of default on the part of any contractor for

15  cause attributable to such contractor. The department shall

16  have no liability for anticipated profits for unfinished work

17  on a contract which has been determined to be in default.

18  Every contract let by the department for the performance of

19  work shall contain a provision for payment to the department

20  by the contractor of liquidated damages due to failure of the

21  contractor to complete the contract work within the time

22  stipulated in the contract or within such additional time as

23  may have been granted by the department. The contractual

24  provision shall include a reasonable estimate of the damages

25  that would be incurred by the department as a result of such

26  failure. The department shall establish a schedule of daily

27  liquidated damage, based on original contract amounts, charges

28  for construction contracts entered into by the department,

29  which schedule shall be incorporated by reference into the

30  contract. The department shall update the schedule of

31  liquidated damages at least once every 2 years, but no more

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  1  often than once a year. The schedule shall, at a minimum, be

  2  based on the average construction, engineering, and inspection

  3  costs experienced by the department on contracts over the 2

  4  preceding fiscal years. The schedule shall also include

  5  anticipated costs of project-related delays and inconveniences

  6  to the department and traveling public. Anticipated costs may

  7  include, but are not limited to, road user costs, a portion of

  8  the projected revenues that will be lost due to failure to

  9  timely open a project to revenue-producing traffic, costs

10  resulting from retaining detours for an extended time, and

11  other similar costs. The schedule shall be divided into the

12  following categories, based on the original contract amounts:

13         (a)  $50,000 and under;

14         (b)  Over $50,000 but less than $250,000;

15         (c)  $250,000 or more but less than $500,000;

16         (d)  $500,000 or more but less than $2.5 million;

17         (e)  $2.5 million or more but less than $5 million;

18         (f)  $5 million or more but less than $10 million;

19         (g)  $10 million or more but less than $15 million;

20         (h)  $15 million or more but less than $20 million; and

21         (i)  $20 million and over.

22

23  Any such liquidated damages paid to the department shall be

24  deposited to the credit of the fund from which payment for the

25  work contracted was authorized.

26         Section 30.  Subsections (1), (2), (3), (7), and (8) of

27  section 337.185, Florida Statutes, are amended to read:

28         337.185  State Arbitration Board.--

29         (1)  To facilitate the prompt settlement of claims for

30  additional compensation arising out of construction contracts

31  between the department and the various contractors with whom

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  1  it transacts business, the Legislature does hereby establish

  2  the State Arbitration Board, referred to in this section as

  3  the "board." For the purpose of this section, "claim" shall

  4  mean the aggregate of all outstanding claims by a party

  5  arising out of a construction contract.  Every contractual

  6  claim in an amount up to $250,000 $100,000 per contract or, at

  7  the claimant's option, up to $500,000 $250,000 per contract

  8  or, upon agreement of the parties, up to $1,000,000 per

  9  contract that cannot be resolved by negotiation between the

10  department and the contractor shall be arbitrated by the board

11  after acceptance of the project by the department.  As an

12  exception, either party to the dispute may request that the

13  claim be submitted to binding private arbitration.  A court of

14  law may not consider the settlement of such a claim until the

15  process established by this section has been exhausted.

16         (2)  The board shall be composed of three members.  One

17  member shall be appointed by the head of the department, and

18  one member shall be elected by those construction companies

19  who are under contract with the department.  The third member

20  shall be chosen by agreement of the other two members.

21  Whenever the third member has a conflict of interest regarding

22  affiliation with one of the parties, the other two members

23  shall select an alternate member for that hearing. The head of

24  the department may select an alternative or substitute to

25  serve as the department member for any hearing or term. Each

26  member shall serve a 2-year term. The board shall elect a

27  chair, each term, who shall be the administrator of the board

28  and custodian of its records.

29         (3)  A hearing may be requested by the department or by

30  a contractor who has a dispute with the department which,

31  under the rules of the board, may be the subject of

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  1  arbitration.  The board shall conduct the hearing within 45

  2  days of the request.  The party requesting the board's

  3  consideration shall give notice of the hearing to each member.

  4  If the board finds that a third party is necessary to resolve

  5  the dispute, the board may vote to dismiss the claim, which

  6  may thereafter be pursued in accordance with the laws of the

  7  State of Florida a court of law.

  8         (7)  The members member of the board elected by

  9  construction companies and the third member of the board may

10  receive compensation for the performance of their duties

11  hereunder, from administrative fees received by the board,

12  except that no employee of the department may receive

13  compensation from the board. The compensation amount shall be

14  determined by the board, but shall not exceed $125 per hour,

15  up to a maximum of $1,000 $750 per day for each member

16  authorized to receive compensation.  Nothing in this section

17  shall prevent the member elected by construction companies

18  from being an employee of an association affiliated with the

19  industry, even if the sole responsibility of that member is

20  service on the board. Travel expenses for the industry member

21  may be paid by an industry association, if necessary. The

22  board may allocate funds annually for clerical and other

23  administrative services.

24         (8)  The party requesting arbitration shall pay a fee

25  to the board in accordance with a schedule established by it,

26  not to exceed $500 per claim which is $25,000 or less, not to

27  exceed $1,000 per claim which is in excess of $25,000 but not

28  exceeding $50,000, not to exceed $1,500 per claim which is in

29  excess of $50,000 but not exceeding $100,000, not to exceed

30  $2,000 per claim which is in excess of $100,000 but not

31  exceeding $200,000, and not to exceed $3,000 $2,500 per claim

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  1  which is in excess of $200,000 but not exceeding $300,000

  2  $250,000, not to exceed $4,000 per claim which is in excess of

  3  $300,000 but not exceeding $400,000, and not to exceed $5,000

  4  per claim which is in excess of $400,000, to cover the cost of

  5  administration and compensation of the board.

  6         Section 31.  (1)  Subsection (1) of section 337.19,

  7  Florida Statutes, is amended to read:

  8         337.19  Suits by and against department; limitation of

  9  actions; forum.--

10         (1)  Suits at law and in equity may be brought and

11  maintained by and against the department on any contract claim

12  arising from breach of an express provision or an implied

13  covenant of a written agreement or a written directive issued

14  by the department pursuant to the written agreement. In any

15  such suit, the department and the contractor shall have all of

16  the same rights and obligations as a private person under a

17  like contract, except that no liability may be based on an

18  oral modification of either the written contract or written

19  directive. Nothing herein shall be construed to waive the

20  sovereign immunity of the state and its political subdivisions

21  from equitable claims and equitable remedies. Notwithstanding

22  anything to the contrary contained in this section, no

23  employee or agent of the department may be held personally

24  liable to an extent greater than that pursuant to s. 768.28,

25  under contract for work done; provided, that no suit sounding

26  in tort shall be maintained against the department.

27         (2)  Suits by and against the department under this

28  section shall be commenced within 820 days of the final

29  acceptance of the work.  This section shall apply to all

30  contracts entered into after June 30, 1993.

31

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  1         (3)  Any action or suit brought against the department

  2  shall be brought in the county or counties where the cause of

  3  action accrued, or in the county of the department's district

  4  headquarters responsible for the work, or in Leon County.

  5         (2)  The amendment to subsection (1) of section 337.19,

  6  Florida Statutes, as set forth in this section shall apply to

  7  contracts entered into on or after July 1, 1999.

  8         Section 32.  Paragraph (a) of subsection (1) and

  9  paragraph (i) of subsection (4) of section 337.25, Florida

10  Statutes, are amended to read:

11         337.25  Acquisition, lease, and disposal of real and

12  personal property.--

13         (1)(a)  The department may purchase, lease, exchange,

14  or otherwise acquire any land, property interests, or

15  buildings or other improvements, including personal property

16  within such buildings or on such lands, necessary to secure or

17  utilize transportation rights-of-way for existing, proposed,

18  or anticipated transportation facilities on the State Highway

19  System, on the State Park Road System, in a rail corridor, or

20  in a transportation corridor designated by the department.

21  Such property shall be held in the name of the state.

22         (4)  The department may sell, in the name of the state,

23  any land, building, or other property, real or personal, which

24  was acquired under the provisions of subsection (1) and which

25  the department has determined is not needed for the

26  construction, operation, and maintenance of a transportation

27  facility. With the exception of any parcel governed by

28  paragraph (c), paragraph (d), paragraph (f), paragraph (g), or

29  paragraph (i), the department shall afford first right of

30  refusal to the local government in the jurisdiction of which

31

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  1  the parcel is situated. When such a determination has been

  2  made, property may be disposed of in the following manner:

  3         (i)  If property was originally acquired specifically

  4  to provide replacement housing for persons displaced by

  5  federally assisted transportation projects, the department may

  6  negotiate for the sale of such property as replacement

  7  housing. As compensation, the state shall receive no less than

  8  its investment in such properties or fair market value,

  9  whichever is lower. It is expressly intended that this benefit

10  be extended only to those persons actually displaced by such

11  project. Dispositions to any other persons must be for fair

12  market value.

13         Section 33.  Subsection (9) is added to section

14  337.251, Florida Statutes, to read:

15         337.251  Lease of property for joint public-private

16  development and areas above or below department property.--

17         (9)  Notwithstanding chapter 341 or any other provision

18  of law to the contrary, a fixed-guideway transportation system

19  authorized by the department to be wholly or partially within

20  the department's right-of-way pursuant to a lease granted

21  under this section may operate at any safe speed.

22         Section 34.  Subsection (1) of section 337.403, Florida

23  Statutes, is amended to read:

24         337.403  Relocation of utility; expenses.--

25         (1)  Any utility heretofore or hereafter placed upon,

26  under, over, or along any public road or publicly owned rail

27  corridor that is found by the authority to be unreasonably

28  interfering in any way with the convenient, safe, or

29  continuous use, or the maintenance, improvement, extension, or

30  expansion, of such public road or publicly owned rail corridor

31  shall, upon 30 days' written notice to the utility or its

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  1  agent by the authority, be removed or relocated by such

  2  utility at its own expense except as provided in paragraphs

  3  (a), and (b), and (c).

  4         (a)  If the relocation of utility facilities, as

  5  referred to in s. 111 of the Federal-Aid Highway Act of 1956,

  6  Pub. L. No. 627 of the 84th Congress, is necessitated by the

  7  construction of a project on the federal-aid interstate

  8  system, including extensions thereof within urban areas, and

  9  the cost of such project is eligible and approved for

10  reimbursement by the Federal Government to the extent of 90

11  percent or more under the Federal Aid Highway Act, or any

12  amendment thereof, then in that event the utility owning or

13  operating such facilities shall relocate such facilities upon

14  order of the department, and the state shall pay the entire

15  expense properly attributable to such relocation after

16  deducting therefrom any increase in the value of the new

17  facility and any salvage value derived from the old facility.

18         (b)  When a joint agreement between the department and

19  the utility is executed for utility improvement, relocation,

20  or removal work to be accomplished as part of a contract for

21  construction of a transportation facility, the department may

22  participate in those utility improvement, relocation, or

23  removal costs that exceed the department's official estimate

24  of the cost of such work by more than 10 percent. The amount

25  of such participation shall be limited to the difference

26  between the official estimate of all the work in the joint

27  agreement plus 10 percent and the amount awarded for this work

28  in the construction contract for such work. The department may

29  not participate in any utility improvement, relocation, or

30  removal costs that occur as a result of changes or additions

31  during the course of the contract.

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  1         (c)  When an agreement between the department and a

  2  utility is executed for utility improvement, relocation, or

  3  removal work to be accomplished in advance of a contract for

  4  construction of a transportation facility, the department may

  5  participate in the cost of clearing and grubbing necessary to

  6  perform such work.

  7         Section 35.  Subsection (1) of section 337.408, Florida

  8  Statutes, is amended to read:

  9         337.408  Regulation of benches, transit shelters, and

10  waste disposal receptacles within rights-of-way.--

11         (1)  Benches or transit shelters, including advertising

12  displayed on benches or transit shelters, may be installed

13  within the right-of-way limits of any municipal, county, or

14  state road, except a limited access highway; provided that

15  such benches or transit shelters are for the comfort and or

16  convenience of the general public, or at recognized designated

17  stops on official bus routes; and, provided further, that

18  written authorization has been given to a qualified private

19  supplier of such service by the municipal government within

20  whose incorporated limits such benches or transit shelters are

21  installed, or by the county government within whose

22  unincorporated limits such benches or transit shelters are

23  installed. A municipality or county may authorize the

24  installation, without public bid or limit in period of

25  service, of benches and transit shelters together with

26  advertising displayed thereon, within the right-of-way limits

27  of such roads. Any contract for the installation of benches or

28  transit shelters or advertising on benches or transit shelters

29  which was entered into before April 8, 1992, without public

30  bidding or limit in period of service, is ratified and

31  affirmed. Such benches or transit shelters may not interfere

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  1  with right-of-way preservation and maintenance. Any bench or

  2  transit shelter located on a sidewalk within the right-of-way

  3  limits of any road on the State Highway System or the county

  4  road system shall be located so as to leave at least 36 inches

  5  clearance for pedestrians and persons in wheelchairs. Such

  6  clearance shall be measured in a direction perpendicular to

  7  the centerline of the road.

  8         Section 36.  Paragraph (b) of subsection (2) of section

  9  338.223, Florida Statutes, is amended to read:

10         338.223  Proposed turnpike projects.--

11         (2)

12         (b)  In accordance with the legislative intent

13  expressed in s. 337.273, and after the requirement of

14  paragraph (1)(c) have been met, the department may acquire

15  lands and property before making a final determination of the

16  economic feasibility of a project. The requirements of

17  paragraph (1)(c) shall not apply to hardship and protective

18  purchases of advance right-of-way by the department. The cost

19  of advance acquisition of right-of-way may be paid from bonds

20  issued under s. 337.276 or from turnpike revenues. For

21  purposes of this paragraph, the term "hardship purchase" means

22  purchase of a residential dwelling of not more than four units

23  from a property owner who is at a disadvantage due to health

24  impairment, job loss, or significant loss of rental income.

25  For purposes of this paragraph, the term "protective purchase"

26  means a purchase to limit development, building, or other

27  intensification of land uses within the area right-of-way is

28  needed for transportation facilities. The department shall

29  give written notice to the Department of Environmental

30  Protection 30 days prior to final agency acceptance as set

31  forth in s. 119.07(3)(n), which notice shall allow the

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  1  Department of Environmental Protection to comment. Hardship

  2  and protective purchases of right-of-way shall not influence

  3  the environmental feasibility of a project, including the

  4  decision relative to the need to construct the project or the

  5  selection of a specific location. Costs to acquire and dispose

  6  of property acquired as hardship and protective purchases are

  7  considered costs of doing business for the department and

  8  shall not be considered in the determination of environmental

  9  feasibility for the project.

10         Section 37.  Section 338.229, Florida Statutes, is

11  amended to read:

12         338.229  Pledge to bondholders not to restrict certain

13  rights of department.--The state does pledge to, and agree

14  with, the holders of the bonds issued pursuant to ss.

15  338.22-338.241 338.22-338.244 that the state will not limit or

16  restrict the rights vested in the department to construct,

17  reconstruct, maintain, and operate any turnpike project as

18  defined in ss. 338.22-338.241 338.22-338.244 or to establish

19  and collect such tolls or other charges as may be convenient

20  or necessary to produce sufficient revenues to meet the

21  expenses of maintenance and operation of the turnpike system

22  and to fulfill the terms of any agreements made with the

23  holders of bonds authorized by this act and that the state

24  will not in any way impair the rights or remedies of the

25  holders of such bonds until the bonds, together with interest

26  on the bonds, are fully paid and discharged. In implementing

27  this section, the department is specifically authorized to

28  provide for further restrictions on the sale, transfer, lease,

29  or other disposition or operation of any portion of the

30  turnpike system which reduces the revenue available for

31  payment to bondholders.

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  1         Section 38.  Paragraph (a) of subsection (4) of section

  2  339.135, Florida Statutes, is amended to read:

  3         339.135  Work program; legislative budget request;

  4  definitions; preparation, adoption, execution, and

  5  amendment.--

  6         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

  7         (a)1.  To assure that no district or county is

  8  penalized for local efforts to improve the State Highway

  9  System, the department shall, for the purpose of developing a

10  tentative work program, allocate funds for new construction to

11  the districts, except for the turnpike district, based on

12  equal parts of population and motor fuel tax collections.

13  Funds for resurfacing, bridge repair and rehabilitation,

14  bridge fender system construction or repair, public transit

15  projects except public transit block grants as provided in s.

16  341.052, and other programs with quantitative needs

17  assessments shall be allocated based on the results of these

18  assessments. The department may not transfer any funds

19  allocated to a district under this paragraph to any other

20  district except as provided in subsection (7). Funds for

21  public transit block grants shall be allocated to the

22  districts pursuant to s. 341.052.

23         2.  Notwithstanding the provisions of subparagraph 1.,

24  the department shall allocate at least 50 percent of any new

25  discretionary highway capacity funds to the Florida Intrastate

26  Highway System established pursuant to s. 338.001.  Any

27  remaining new discretionary highway capacity funds shall be

28  allocated to the districts for new construction as provided in

29  subparagraph 1. For the purposes of this subparagraph, the

30  term "new discretionary highway capacity funds" means any

31  funds available to the department above the prior year funding

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  1  level for  capacity improvements, which the department has the

  2  discretion to allocate to highway projects.

  3         Section 39.  Section 339.155, Florida Statutes, is

  4  amended to read:

  5         339.155  Transportation planning.--

  6         (1)  FLORIDA TRANSPORTATION PLAN.--The department shall

  7  develop and annually update a statewide transportation plan,

  8  to be known as the Florida Transportation Plan.  The plan

  9  shall be designed so as to be easily read and understood by

10  the general public.

11         (1)  PURPOSE.--The purpose of the Florida

12  Transportation Plan is to establish and define the state's

13  long-range transportation goals and objectives of the

14  department to be accomplished over a period of at least 20

15  years within the context of the State Comprehensive Plan and

16  any other statutory mandates and authorizations. The Florida

17  Transportation Plan shall consider the needs of the entire

18  state transportation system and examine the use of all modes

19  of transportation to effectively and efficiently meet such

20  needs given to the department. The plan shall define the

21  relationship between the long-range goals and the short-range

22  objectives, and specify those objectives against which the

23  department's achievement of such goals will be measured. The

24  plan shall provide a policy framework within which the

25  department's legislative budget request, the strategic

26  information resource management plan, and the work program are

27  developed.

28         (2)  SCOPE OF PLANNING PROCESS.--

29         (a)  The department shall carry out a transportation

30  planning process that provides for consideration of projects

31  and strategies that will:

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  1         1.  Support the economic vitality of the United States,

  2  Florida, and the metropolitan areas, especially by enabling

  3  global competitiveness, productivity, and efficiency.

  4         2.  Increase the safety and security of the

  5  transportation system for motorized and nonmotorized users.

  6         3.  Increase the accessibility and mobility options

  7  available to people and for freight.

  8         4.  Protect and enhance the environment, promote energy

  9  conservation, and improve quality of life.

10         5.  Enhance the integration and connectivity of the

11  transportation system across and between modes throughout

12  Florida for people and freight.

13         6.  Promote efficient system management and operation.

14         7.  Emphasize the preservation of the existing

15  transportation system.

16         (b)  Additionally, the transportation planning process

17  shall consider:

18         1.  With respect to nonmetropolitan areas, the concerns

19  of local elected officials representing units of general

20  purpose local government.

21         2.  The concerns of Indian tribal governments and

22  federal land management agencies that have jurisdiction over

23  land within the boundaries of Florida.

24         3.  Coordination of transportation plans, programs, and

25  planning activities with related planning activities being

26  carried out outside of metropolitan planning areas.

27  DEVELOPMENT CRITERIA.--The Florida Transportation Plan shall

28  consider the needs of the entire state transportation system,

29  examine the use of all modes of transportation to effectively

30  and efficiently meet such needs, and provide for the

31  interconnection of all types of modes in a comprehensive

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  1  intermodal transportation system.  In developing the Florida

  2  Transportation Plan, the department shall consider the

  3  following:

  4         (a)  The results of the management systems required

  5  pursuant to federal laws and regulations.

  6         (b)  Any federal, state, or local energy use goals,

  7  objectives, programs, or requirements.

  8         (c)  Strategies for incorporating bicycle

  9  transportation facilities and pedestrian walkways in projects

10  where appropriate throughout the state.

11         (d)  International border crossings and access to

12  ports, airports, intermodal transportation facilities, major

13  freight distribution routes, national parks, recreation and

14  scenic areas, monuments and historic sites, and military

15  installations.

16         (e)  The transportation needs of nonmetropolitan areas

17  through a process that includes consultation with local

18  elected officials with jurisdiction over transportation.

19         (f)  Consistency of the plan, to the maximum extent

20  feasible, with strategic regional policy plans, metropolitan

21  planning organization plans, and approved local government

22  comprehensive plans so as to contribute to the management of

23  orderly and coordinated community development.

24         (g)  Connectivity between metropolitan areas within the

25  state and with metropolitan areas in other states.

26         (h)  Recreational travel and tourism.

27         (i)  Any state plan developed pursuant to the Federal

28  Water Pollution Control Act.

29         (j)  Transportation system management and investment

30  strategies designed to make the most efficient use of existing

31  transportation facilities.

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  1         (k)  The total social, economic, energy, and

  2  environmental effects of transportation decisions on the

  3  community and region.

  4         (l)  Methods to manage traffic congestion and to

  5  prevent traffic congestion from developing in areas where it

  6  does not yet occur, including methods which reduce motor

  7  vehicle travel, particularly single-occupant vehicle travel.

  8         (m)  Methods to expand and enhance transit services and

  9  to increase the use of such services.

10         (n)  The effect of transportation decisions on land use

11  and land development, including the need for consistency

12  between transportation decisionmaking and the provisions of

13  all applicable short-range and long-range land use and

14  development plans.

15         (o)  Where appropriate, the use of innovative

16  mechanisms for financing projects, including value capture

17  pricing, tolls, and congestion pricing.

18         (p)  Preservation and management of rights-of-way for

19  construction of future transportation projects, including

20  identification of unused rights-of-way which may be needed for

21  future transportation corridors, and identification of those

22  corridors for which action is most needed to prevent

23  destruction or loss.

24         (q)  Future, as well as existing, needs of the state

25  transportation system.

26         (r)  Methods to enhance the efficient movement of

27  commercial motor vehicles.

28         (s)  The use of life-cycle costs in the design and

29  engineering of bridges, tunnels, or pavement.

30         (t)  Investment strategies to improve adjoining state

31  and local roads that support rural economic growth and tourism

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  1  development, federal agency renewable resources management,

  2  and multipurpose land management practices, including

  3  recreation development.

  4         (u)  The concerns of Indian tribal governments having

  5  jurisdiction over lands within the boundaries of the state.

  6         (v)  A seaport or airport master plan, which has been

  7  incorporated into an approved local government comprehensive

  8  plan, and the linkage of transportation modes described in

  9  such plan which are needed to provide for the movement of

10  goods and passengers between the seaport or airport and the

11  other transportation facilities.

12         (w)  The joint use of transportation corridors and

13  major transportation facilities for alternate transportation

14  and community uses.

15         (x)  The integration of any proposed system into all

16  other types of transportation facilities in the community.

17         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

18  Transportation Plan shall be a unified, concise planning

19  document that clearly defines the state's long-range

20  transportation goals and objectives and documents the

21  department's short-range objectives developed to further such

22  goals and objectives. The plan shall include a glossary that

23  clearly and succinctly defines any and all phrases, words, or

24  terms of art included in the plan, with which the general

25  public may be unfamiliar and shall consist of, at a minimum,

26  the following components:

27         (a)  A long-range component documenting the goals and

28  long-term objectives necessary to implement the results of the

29  department's findings from its examination of the criteria

30  listed in subsection (2).  The long-range component must be

31  developed in cooperation with the metropolitan planning

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  1  organizations and reconciled, to the maximum extent feasible,

  2  with the long-range plans developed by metropolitan planning

  3  organizations pursuant to s. 339.175. The plan shall also be

  4  developed in consultation with affected local officials in

  5  nonmetropolitan areas and with any affected Indian tribal

  6  governments. The plan must provide an examination of

  7  transportation issues likely to arise during at least a

  8  20-year period. The long-range component shall be updated at

  9  least once every 5 years, or more often as necessary, to

10  reflect substantive changes to federal or state law.

11         (b)  A short-range component documenting the short-term

12  objectives and strategies necessary to implement the goals and

13  long-term objectives contained in the long-range component.

14  The short-range component shall define the relationship

15  between the long-range goals and the short-range objectives,

16  specify those objectives against which the department's

17  achievement of such goals will be measured, and identify

18  transportation strategies necessary to efficiently achieve the

19  goals and objectives in the plan. It shall provide a policy

20  framework within which the department's legislative budget

21  request, the strategic information resource management plan,

22  and the work program are developed. The short-range component

23  shall serve as the department's annual agency strategic plan

24  pursuant to s. 186.021. The short-range component shall be

25  developed consistent with the requirements of s. 186.022 and

26  consistent with available and forecasted state and federal

27  funds. In addition to those entities listed in s. 186.022, the

28  short-range component shall also be submitted to the Florida

29  Transportation Commission.

30         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

31  develop an annual performance report evaluating the operation

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  1  of the department for the preceding fiscal year.  The report,

  2  which shall meet the requirements of s. 186.022, shall also

  3  include a summary of the financial operations of the

  4  department and shall annually evaluate how well the adopted

  5  work program meets the short-term objectives contained in the

  6  short-range component of the Florida Transportation Plan.  In

  7  addition to the entities listed in s. 186.022, this

  8  performance report shall also be submitted to the Florida

  9  Transportation Commission and the legislative appropriations

10  and transportation committees.

11         (5)  ADDITIONAL TRANSPORTATION PLANS.--

12         (a)  Upon request by local governmental entities, the

13  department may in its discretion develop and design

14  transportation corridors, arterial and collector streets,

15  vehicular parking areas, and other support facilities which

16  are consistent with the plans of the department for major

17  transportation facilities.  The department may render to local

18  governmental entities or their planning agencies such

19  technical assistance and services as are necessary so that

20  local plans and facilities are coordinated with the plans and

21  facilities of the department.

22         (b)  Each regional planning council, as provided for in

23  s. 186.504, or any successor agency thereto, shall develop, as

24  an element of its strategic regional policy plan,

25  transportation goals and policies.  The transportation goals

26  and policies shall be consistent, to the maximum extent

27  feasible, with the goals and policies of the metropolitan

28  planning organization and the Florida Transportation Plan.

29  The transportation goals and policies of the regional planning

30  council will be advisory only and shall be submitted to the

31  department and any affected metropolitan planning organization

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  1  for their consideration and comments. Metropolitan planning

  2  organization plans and other local transportation plans shall

  3  be developed consistent, to the maximum extent feasible, with

  4  the regional transportation goals and policies.  The regional

  5  planning council shall review urbanized area transportation

  6  plans and any other planning products stipulated in s. 339.175

  7  and provide the department and respective metropolitan

  8  planning organizations with written recommendations which the

  9  department and the metropolitan planning organizations shall

10  take under advisement.  Further, the regional planning

11  councils shall directly assist local governments which are not

12  part of a metropolitan area transportation planning process in

13  the development of the transportation element of their

14  comprehensive plans as required by s. 163.3177.

15         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

16  TRANSPORTATION PLANNING.--

17         (a)  During the development of the long-range component

18  of the Florida Transportation Plan, and prior to substantive

19  revisions adoption of all subsequent amendments, the

20  department shall provide citizens, affected public agencies,

21  representatives of transportation agency employees, other

22  affected employee representatives, private providers of

23  transportation, and other known interested parties with an

24  opportunity to comment on the proposed plan or revisions

25  amendments. These opportunities This hearing shall include

26  presentation and discussion of the factors listed in

27  subsection (2) and shall include, at a minimum, publishing a

28  notice in the Florida Administrative Weekly and within a

29  newspaper of general circulation within the area of each

30  department district office. These notices shall be published

31

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  1  twice prior to the day of the hearing, with the first notice

  2  appearing at least 14 days prior to the hearing.

  3         (b)  During development of major transportation

  4  improvements, such as those increasing the capacity of a

  5  facility through the addition of new lanes or providing new

  6  access to a limited or controlled access facility or

  7  construction of a facility in a new location, the department

  8  shall hold one or more hearings prior to the selection of the

  9  facility to be provided; prior to the selection of the site or

10  corridor of the proposed facility; and prior to the selection

11  of and commitment to a specific design proposal for the

12  proposed facility. Such public hearings shall be conducted so

13  as to provide an opportunity for effective participation by

14  interested persons in the process of transportation planning

15  and site and route selection and in the specific location and

16  design of transportation facilities. The various factors

17  involved in the decision or decisions and any alternative

18  proposals shall be clearly presented so that the persons

19  attending the hearing may present their views relating to the

20  decision or decisions which will be made.

21         (c)  Opportunity for design hearings:

22         1.  The department, prior to holding a design hearing,

23  shall duly notice all affected property owners of record, as

24  recorded in the property appraiser's office, by mail at least

25  20 days prior to the date set for the hearing.  The affected

26  property owners shall be:

27         a.  Those whose property lies in whole or in part

28  within 300 feet on either side of the centerline of the

29  proposed facility.

30

31

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  1         b.  Those who the department determines will be

  2  substantially affected environmentally, economically,

  3  socially, or safetywise.

  4         2.  For each subsequent hearing, the department shall

  5  daily publish notice at least 14 days immediately prior to the

  6  hearing date in a newspaper of general circulation for the

  7  area affected.

  8         3.  A copy of the notice of opportunity for the hearing

  9  shall be furnished to the United States Department of

10  Transportation and to the appropriate departments of the state

11  government at the time of publication.

12         4.  The opportunity for another hearing shall be

13  afforded in any case when proposed locations or designs are so

14  changed from those presented in the notices specified above or

15  at a hearing as to have a substantially different social,

16  economic, or environmental effect.

17         5.  The opportunity for a hearing shall be afforded in

18  each case in which the department is in doubt as to whether a

19  hearing is required.

20         Section 40.  Section 339.175, Florida Statutes, 1998

21  Supplement, is amended to read:

22         339.175  Metropolitan planning organization.--It is the

23  intent of the Legislature to encourage and promote the safe

24  and efficient management, operation, and development of

25  surface transportation systems embracing various modes of

26  transportation in a manner that will serve maximize the

27  mobility needs of people and freight goods within and through

28  urbanized areas of this state while minimizing and minimize,

29  to the maximum extent feasible, and together with applicable

30  regulatory government agencies, transportation-related fuel

31  consumption and air pollution.  To accomplish these

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  1  objectives, metropolitan planning organizations, referred to

  2  in this section as M.P.O.'s, shall develop, in cooperation

  3  with the state and public transit operators, transportation

  4  plans and programs for metropolitan areas. The plans and

  5  programs for each metropolitan area shall provide for the

  6  development and integrated management and operation of

  7  transportation systems and facilities, including pedestrian

  8  walkways and bicycle transportation facilities, that will

  9  function as an intermodal transportation system for the

10  metropolitan area. Such plans and programs must provide for

11  the development of transportation facilities that will

12  function as an intermodal transportation system for the

13  metropolitan area. The process for developing such plans and

14  programs shall provide for consideration of all modes of

15  transportation and shall be continuing, cooperative, and

16  comprehensive, to the degree appropriate, based on the

17  complexity of the transportation problems to be addressed.

18         (1)  DESIGNATION.--

19         (a)1.  An M.P.O. shall be designated for each urbanized

20  area of the state.  Such designation shall be accomplished by

21  agreement between the Governor and units of general-purpose

22  local government representing at least 75 percent of the

23  population of the urbanized area; however, the unit of

24  general-purpose local government that represents the central

25  city or cities within the M.P.O. jurisdiction, as defined by

26  the United States Bureau of the Census, must be a party to

27  such agreement.

28         2.  More than one M.P.O. may be designated within an

29  existing metropolitan planning urbanized area only if the

30  Governor and the existing M.P.O. determine determines that the

31  size and complexity of the existing metropolitan planning area

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  1  make justifies the designation of more than one M.P.O. for the

  2  area appropriate multiple M.P.O.'s.

  3         (b)  Each M.P.O. shall be created and operated under

  4  the provisions of this section pursuant to an interlocal

  5  agreement entered into pursuant to s. 163.01.  The signatories

  6  to the interlocal agreement shall be the department and the

  7  governmental entities designated by the Governor for

  8  membership on the M.P.O. If there is a conflict between this

  9  section and s. 163.01, this section prevails.

10         (c)  The jurisdictional boundaries of an M.P.O. is the

11  metropolitan planning area which is shall be determined by

12  agreement between the Governor and the applicable M.P.O. Each

13  metropolitan planning area shall encompass at least the

14  existing urbanized area and the contiguous area expected to

15  become urbanized within a 20-year forecast period The

16  boundaries must include, at a minimum, the metropolitan area

17  and may encompass include the entire metropolitan statistical

18  area or the consolidated metropolitan statistical area as

19  defined by the United States Department of Commerce, Bureau of

20  the Census.

21         (d)  In the case of an urbanized area designated as a

22  nonattainment area for ozone or carbon monoxide under the

23  Clean Air Act, 42 U.S.C. s. 7401 et seq., the boundaries of

24  the metropolitan planning area in existence as of the date of

25  enactment of this paragraph shall be retained, except that the

26  boundaries may be adjusted by agreement of the Governor and

27  affected metropolitan planning organizations in the manner

28  described in this subsection. If more than one M.P.O. has

29  authority within a metropolitan area or an area that is

30  designated as a nonattainment area, each M.P.O. shall consult

31  with other M.P.O.'s designated for such area and with the

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  1  state in the coordination of plans and programs required by

  2  this section.

  3

  4  Each M.P.O. required under this section must be fully

  5  operative no later than 6 months following its designation.

  6         (2)  VOTING MEMBERSHIP.--

  7         (a)  The voting membership of an M.P.O. shall consist

  8  of not fewer than 5 or more than 19 apportioned members, the

  9  exact number to be determined on an equitable

10  geographic-population ratio basis by the Governor, based on an

11  agreement among the affected units of general-purpose local

12  government as required by federal rules and regulations. The

13  Governor, in accordance with 23 U.S.C. s. 134, as amended by

14  the Intermodal Surface Transportation Efficiency Act of 1991,

15  may also provide for M.P.O. members who represent

16  municipalities to alternate with representatives from other

17  municipalities within the metropolitan planning designated

18  urban area that do not have members on the M.P.O. County

19  commission members shall compose not less than one-third of

20  the M.P.O. membership, except for an M.P.O. with more than 15

21  members located in a county with a five-member county

22  commission or an M.P.O. with 19 members located in a county

23  with no more than 6 county commissioners, in which case county

24  commission members may compose less than one-third percent of

25  the M.P.O. membership, but all county commissioners must be

26  members. All voting members shall be elected officials of

27  general-purpose governments, except that an M.P.O. may

28  include, as part of its apportioned voting members, a member

29  of a statutorily authorized planning board or an official of

30  an agency that operates or administers a major mode of

31  transportation. In metropolitan areas in which authorities or

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  1  other agencies have been, or may be, created by law to perform

  2  transportation functions that are not under the jurisdiction

  3  of a general-purpose local government represented on the

  4  M.P.O., they shall be provided voting membership on the M.P.O.

  5  The county commission shall compose not less than 20 percent

  6  of the M.P.O. membership if an official of an agency that

  7  operates or administers a major mode of transportation has

  8  been appointed to an M.P.O.

  9         (b)  In metropolitan areas in which authorities or

10  other agencies have been, or may be, created by law to perform

11  transportation functions that are not under the jurisdiction

12  of a general-purpose local government represented on the

13  M.P.O., they shall be provided voting membership on the M.P.O.

14  In all other M.P.O.'s, where transportation authorities or

15  agencies are to be represented by elected officials from

16  general purpose local governments, the M.P.O. shall establish

17  a process by which the collective interests of such

18  authorities or other agencies are expressed and conveyed.

19         (c)(b)  Any other provision of this section to the

20  contrary notwithstanding, any county chartered under s. 6(e),

21  Art. VIII of the State Constitution may elect to have its

22  county commission serve as the M.P.O., if the M.P.O.

23  jurisdiction is wholly contained within the county.  Any

24  charter county that elects to exercise the provisions of this

25  paragraph shall so notify the Governor in writing.  Upon

26  receipt of such notification, the Governor must designate the

27  county commission as the M.P.O.  The Governor must appoint

28  four additional voting members to the M.P.O., one of whom must

29  be an elected official representing a municipality within the

30  county, one of whom must be an expressway authority member,

31  one of whom must be a person who does not hold elected public

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  1  office and who resides in the unincorporated portion of the

  2  county, and one of whom must be a school board member.

  3         (3)  APPORTIONMENT.--

  4         (a)  The Governor shall, with the agreement of the

  5  affected units of general-purpose local government as required

  6  by federal rules and regulations, apportion the membership on

  7  the applicable M.P.O. among the various governmental entities

  8  within the area and shall prescribe a method for appointing

  9  alternate members who may vote at any M.P.O. meeting that an

10  alternate member attends in place of a regular member.  An

11  appointed alternate member must be an elected official serving

12  the same governmental entity or a general-purpose local

13  government with jurisdiction within all or part of the area

14  that the regular member serves.  The governmental entity so

15  designated shall appoint the appropriate number of members to

16  the M.P.O. from eligible officials.  Representatives of the

17  department shall serve as nonvoting members of the M.P.O.

18  Nonvoting advisers may be appointed by the M.P.O. as deemed

19  necessary.  The Governor shall review the composition of the

20  M.P.O. membership at least every 5 years and reapportion it as

21  necessary to comply with subsection (2).

22         (b)  Except for members who represent municipalities on

23  the basis of alternating with representatives from other

24  municipalities that do not have members on the M.P.O. as

25  provided in paragraph (2)(a), the members of an M.P.O. shall

26  serve 4-year terms. Members who represent municipalities on

27  the basis of alternating with representatives from other

28  municipalities that do not have members on the M.P.O. as

29  provided in paragraph (2)(a) may serve terms of up to 4 years

30  as further provided in the interlocal agreement described in

31  paragraph (1)(b). The membership of a member who is a public

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  1  official automatically terminates upon the member's leaving

  2  his or her elective or appointive office for any reason, or

  3  may be terminated by a majority vote of the total membership

  4  of a county or city governing entity represented by the

  5  member.  A vacancy shall be filled by the original appointing

  6  entity.  A member may be reappointed for one or more

  7  additional 4-year terms.

  8         (c)  If a governmental entity fails to fill an assigned

  9  appointment to an M.P.O. within 60 days after notification by

10  the Governor of its duty to appoint, that appointment shall be

11  made by the Governor from the eligible representatives of that

12  governmental entity.

13         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

14  responsibility of an M.P.O. is to manage a continuing,

15  cooperative, and comprehensive transportation planning process

16  that results in the development of plans and programs which

17  are consistent, to the maximum extent feasible, with the

18  approved local government comprehensive plans of the units of

19  local government the boundaries of which are within the

20  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

21  for cooperative decisionmaking by officials of the affected

22  governmental entities in the development of the plans and

23  programs required by subsections (5), (6), (7), and (8).

24         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

25  privileges, and authority of an M.P.O. are those specified in

26  this section or incorporated in an interlocal agreement

27  authorized under s. 163.01.  Each M.P.O. shall perform all

28  acts required by federal or state laws or rules, now and

29  subsequently applicable, which are necessary to qualify for

30  federal aid. It is the intent of this section that each M.P.O.

31  shall be involved in the planning and programming of

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  1  transportation facilities, including, but not limited to,

  2  airports, intercity and high-speed rail lines, seaports, and

  3  intermodal facilities, to the extent permitted by state or

  4  federal law.

  5         (a)  Each M.P.O. shall, in cooperation with the

  6  department, develop:

  7         1.  A long-range transportation plan pursuant to the

  8  requirements of subsection (6);

  9         2.  An annually updated transportation improvement

10  program pursuant to the requirements of subsection (7); and

11         3.  An annual unified planning work program pursuant to

12  the requirements of subsection (8).

13         (b)  In developing the long-range transportation plan

14  and the transportation improvement program required under

15  paragraph (a), each M.P.O. shall provide for consideration of

16  projects and strategies that will must, at a minimum,

17  consider:

18         1.  Support the economic vitality of the metropolitan

19  area, especially by enabling global competitiveness,

20  productivity, and efficiency.

21         2.  Increase the safety and security of the

22  transportation system for motorized and nonmotorized users.

23         3.  Increase the accessibility and mobility options

24  available to people and for freight.

25         4.  Protect and enhance the environment, promote energy

26  conservation, and improve quality of life.

27         5.  Enhance the integration and connectivity of the

28  transportation system, across and between modes, for people

29  and freight.

30         6.  Promote efficient system management and operation.

31

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  1         7.  Emphasize the preservation of the existing

  2  transportation system.

  3         1.  The preservation of existing transportation

  4  facilities and, where practical, ways to meet transportation

  5  needs by using existing facilities more efficiently;

  6         2.  The consistency of transportation planning with

  7  applicable federal, state, and local energy conservation

  8  programs, goals, and objectives;

  9         3.  The need to relieve congestion and prevent

10  congestion from occurring where it does not yet occur;

11         4.  The likely effect of transportation policy

12  decisions on land use and development and the consistency of

13  transportation plans and programs with all applicable

14  short-term and long-term land use and development plans;

15         5.  The programming of transportation enhancement

16  activities as required by federal law;

17         6.  The effect of all transportation projects to be

18  undertaken in the metropolitan area, without regard to whether

19  such projects are publicly funded;

20         7.  The provision of access to seaports, airports,

21  intermodal transportation facilities, major freight

22  distribution routes, national and state parks, recreation

23  areas, monuments and historic sites, and military

24  installations;

25         8.  The need for roads within the metropolitan area to

26  efficiently connect with roads outside the metropolitan area;

27         9.  The transportation needs identified through the use

28  of transportation management systems required by federal or

29  state law;

30         10.  The preservation of rights-of-way for construction

31  of future transportation projects, including the

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  1  identification of unused rights-of-way that may be needed for

  2  future transportation corridors and the identification of

  3  corridors for which action is most needed to prevent

  4  destruction or loss;

  5         11.  Any available methods to enhance the efficient

  6  movement of freight;

  7         12.  The use of life-cycle costs in the design and

  8  engineering of bridges, tunnels, or pavement;

  9         13.  The overall social, economic, energy, and

10  environmental effects of transportation decisions;

11         14.  Any available methods to expand or enhance transit

12  services and increase the use of such services; and

13         15.  The possible allocation of capital investments to

14  increase security for transit systems.

15         (c)  In order to provide recommendations to the

16  department and local governmental entities regarding

17  transportation plans and programs, each M.P.O. shall:

18         1.  Prepare a congestion management system for the

19  metropolitan area and cooperate with the department in the

20  development of all other transportation management systems

21  required by state or federal law;

22         2.  Assist the department in mapping transportation

23  planning boundaries required by state or federal law;

24         3.  Assist the department in performing its duties

25  relating to access management, functional classification of

26  roads, and data collection;

27         4.  Execute all agreements or certifications necessary

28  to comply with applicable state or federal law;

29         5.  Represent all the jurisdictional areas within the

30  metropolitan area in the formulation of transportation plans

31  and programs required by this section; and

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  1         6.  Perform all other duties required by state or

  2  federal law.

  3         (d)  Each M.P.O. shall appoint a technical advisory

  4  committee that includes planners; engineers; representatives

  5  of local aviation authorities, port authorities, and public

  6  transit authorities or representatives of aviation

  7  departments, seaport departments, and public transit

  8  departments of municipal or county governments, as applicable;

  9  the school superintendent of each county within the

10  jurisdiction of the M.P.O. or the superintendent's designee;

11  and other appropriate representatives of affected local

12  governments. In addition to any other duties assigned to it by

13  the M.P.O. or by state or federal law, the technical advisory

14  committee is responsible for identifying projects contained in

15  the long-range plan or transportation improvement program

16  which deserve to be classified as a school safety concern.

17  Upon receipt of the recommendation from the technical advisory

18  committee that a project should be so classified, the M.P.O.

19  must vote on whether to classify a particular project as a

20  school safety concern.  If the M.P.O. votes that a project

21  should be classified as a school safety concern, the local

22  governmental entity responsible for the project must consider

23  at least two alternatives before making a decision about

24  project location or alignment.

25         (e)1.  Each M.P.O. shall appoint a citizens' advisory

26  committee, the members of which serve at the pleasure of the

27  M.P.O. The membership on the citizens' advisory committee must

28  reflect a broad cross section of local residents with an

29  interest in the development of an efficient, safe, and

30  cost-effective transportation system. Minorities, the elderly,

31  and the handicapped must be adequately represented.

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  1         2.  Notwithstanding the provisions of subparagraph 1.,

  2  an M.P.O. may, with the approval of the department and the

  3  applicable federal governmental agency, adopt an alternative

  4  program or mechanism to ensure citizen involvement in the

  5  transportation planning process.

  6         (f)  The department shall allocate to each M.P.O., for

  7  the purpose of accomplishing its transportation planning and

  8  programming duties, an appropriate amount of federal

  9  transportation planning funds.

10         (g)  Each M.P.O. may employ personnel or may enter into

11  contracts with local or state agencies, private planning

12  firms, or private engineering firms to accomplish its

13  transportation planning and programming duties required by

14  state or federal law.

15         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

16  develop a long-range transportation plan that addresses at

17  least a 20-year planning horizon. The plan must include both

18  long-range and short-range strategies and must comply with all

19  other state and federal requirements. The long-range

20  transportation plan must be consistent, to the maximum extent

21  feasible, with future land use elements and the goals,

22  objectives, and policies of the approved local government

23  comprehensive plans of the units of local government located

24  within the jurisdiction of the M.P.O. The approved long-range

25  transportation plan must be considered by local governments in

26  the development of the transportation elements in local

27  government comprehensive plans and any amendments thereto. The

28  long-range transportation plan must, at a minimum:

29         (a)  Identify transportation facilities, including, but

30  not limited to, major roadways, airports, seaports, commuter

31  rail systems, transit systems, and intermodal or multimodal

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  1  terminals that will function as an integrated metropolitan

  2  transportation system.  The long-range transportation plan

  3  must give emphasis to those transportation facilities that

  4  serve national, statewide, or regional functions, and must

  5  consider the goals and objectives identified in the Florida

  6  Transportation Plan as provided in s. 339.155. If a project is

  7  located within the boundaries of more than one M.P.O., the

  8  M.P.O.'s shall coordinate plans regarding the project in the

  9  long-range transportation plan.

10         (b)  Include a financial plan that demonstrates how the

11  plan can be implemented, indicating resources from public and

12  private sources which are reasonably expected to be available

13  to carry out the plan, and recommends any additional financing

14  strategies for needed projects and programs. The financial

15  plan may include, for illustrative purposes, additional

16  projects that would be included in the adopted long-range

17  transportation plan if reasonable additional resources beyond

18  those identified in the financial plan were available. For the

19  purpose of developing the long-range transportation plan, the

20  M.P.O. and the department shall cooperatively develop

21  estimates of funds that will be available to support plan

22  implementation. Innovative financing techniques that may be

23  used to fund needed projects and programs.  Such techniques

24  may include the assessment of tolls, the use of value capture

25  financing, or the use of value congestion pricing.

26         (c)  Assess capital investment and other measures

27  necessary to:

28         1.  Ensure the preservation of the existing

29  metropolitan transportation system including requirements for

30  the operation, resurfacing, restoration, and rehabilitation of

31  major roadways and requirements for the operation,

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  1  maintenance, modernization, and rehabilitation of public

  2  transportation facilities; and

  3         2.  Make the most efficient use of existing

  4  transportation facilities to relieve vehicular congestion and

  5  maximize the mobility of people and goods.

  6         (d)  Indicate, as appropriate, proposed transportation

  7  enhancement activities, including, but not limited to,

  8  pedestrian and bicycle facilities, scenic easements,

  9  landscaping, historic preservation, mitigation of water

10  pollution due to highway runoff, and control of outdoor

11  advertising.

12         (e)  In addition to the requirements of paragraphs

13  (a)-(d), in metropolitan areas that are classified as

14  nonattainment areas for ozone or carbon monoxide, the M.P.O.

15  must coordinate the development of the long-range

16  transportation plan with the State Implementation Plan

17  developed pursuant to the requirements of the federal Clean

18  Air Act.

19

20  In the development of its long-range transportation plan, each

21  M.P.O. must provide citizens, affected public agencies,

22  representatives of transportation agency employees, freight

23  shippers, providers of freight transportation services,

24  private providers of transportation, representatives of users

25  of public transit, and other interested parties, and members

26  of the general public with a reasonable opportunity to comment

27  on the long-range transportation plan. The long-range

28  transportation plan must be approved by the M.P.O.

29         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

30  shall, in cooperation with the state and affected public

31  transportation operators, develop a transportation improvement

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  1  program for the area within the jurisdiction of the M.P.O.  In

  2  the development of the transportation improvement program,

  3  each M.P.O. must provide citizens, affected public transit

  4  agencies, representatives of transportation agency employees,

  5  freight shippers, providers of freight transportation

  6  services, private providers of transportation, representatives

  7  of users of public transit, and other interested parties, and

  8  members of the general public with a reasonable opportunity to

  9  comment on the proposed transportation improvement program.

10         (a)  Each M.P.O. is responsible for developing,

11  annually, a list of project priorities and a transportation

12  improvement program. The transportation improvement program

13  will be used to initiate federally aided transportation

14  facilities and improvements as well as other transportation

15  facilities and improvements including transit, rail, aviation,

16  and port facilities to be funded from the State Transportation

17  Trust Fund within its metropolitan area in accordance with

18  existing and subsequent federal and state laws and rules and

19  regulations related thereto.  The transportation improvement

20  program shall be consistent, to the maximum extent feasible,

21  with the approved local government comprehensive plans of the

22  units of local government whose boundaries are within the

23  metropolitan area of the M.P.O.

24         (b)  Each M.P.O. annually shall prepare a list of

25  project priorities and shall submit the list to the

26  appropriate district of the department by October 1 of each

27  year; however, the department and a metropolitan planning

28  organization may, in writing, agree to vary this submittal

29  date. The list of project priorities must be formally reviewed

30  by the technical and citizens' advisory committees, and

31  approved by the M.P.O., before it is transmitted to the

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  1  district. The approved list of project priorities must be used

  2  by the district in developing the district work program and

  3  must be used by the M.P.O. in developing its transportation

  4  improvement program. The annual list of project priorities

  5  must be based upon project selection criteria that, at a

  6  minimum, consider the following:

  7         1.  The approved M.P.O. long-range transportation plan;

  8         2.  The results of the transportation management

  9  systems; and

10         3.  The M.P.O.'s public-involvement procedures.

11         (c)  The transportation improvement program must, at a

12  minimum:

13         1.  Include projects and project phases to be funded

14  with state or federal funds within the time period of the

15  transportation improvement program and which are recommended

16  for advancement during the next fiscal year and 4 subsequent

17  fiscal years.  Such projects and project phases must be

18  consistent, to the maximum extent feasible, with the approved

19  local government comprehensive plans of the units of local

20  government located within the jurisdiction of the M.P.O.  For

21  informational purposes, the transportation improvement program

22  shall also include a list of projects to be funded from local

23  or private revenues.

24         2.  Include projects within the metropolitan area which

25  are proposed for funding under 23 U.S.C. s. 134 of the Federal

26  Transit Act and which are consistent with the long-range

27  transportation plan developed under subsection (6).

28         3.  Provide a financial plan that demonstrates how the

29  transportation improvement program can be implemented;

30  indicates the resources, both public and private, that are

31  reasonably expected to be available to accomplish the program;

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  1  identifies and recommends any innovative financing techniques

  2  that may be used to fund needed projects and programs; and may

  3  include, for illustrative purposes, additional projects that

  4  would be included in the approved transportation improvement

  5  program if reasonable additional resources beyond those

  6  identified in the financial plan were available.  Innovative

  7  financing Such techniques may include the assessment of tolls,

  8  the use of value capture financing, or the use of value

  9  congestion pricing.  The transportation improvement program

10  shall may include a project or project phase only if full

11  funding can reasonably be anticipated to be available for the

12  project or project phase within the time period contemplated

13  for completion of the project or project phase.

14         4.  Group projects and project phases of similar

15  urgency and anticipated staging into appropriate staging

16  periods.

17         5.  Indicate how the transportation improvement program

18  relates to the long-range transportation plan developed under

19  subsection (6), including providing examples of specific

20  projects or project phases that further the goals and policies

21  of the long-range transportation plan.

22         6.  Indicate whether any project or project phase is

23  inconsistent with an approved comprehensive plan of a unit of

24  local government located within the jurisdiction of the M.P.O.

25  If a project is inconsistent with an affected comprehensive

26  plan, the M.P.O. must provide justification for including the

27  project in the transportation improvement program.

28         7.  Indicate how the improvements are consistent, to

29  the maximum extent feasible, with affected seaport and airport

30  master plans and with public transit development plans of the

31  units of local government located within the jurisdiction of

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  1  the M.P.O. If a project is located within the boundaries of

  2  more than one M.P.O., the M.P.O.'s shall coordinate plans

  3  regarding the project in the transportation improvement

  4  program.

  5         (d)  Projects included in the transportation

  6  improvement program and that have advanced to the design stage

  7  of preliminary engineering may be removed from or rescheduled

  8  in a subsequent transportation improvement program only by the

  9  joint action of the M.P.O. and the department. Except when

10  recommended in writing by the district secretary for good

11  cause, any project removed from or rescheduled in a subsequent

12  transportation improvement program shall not be rescheduled by

13  the M.P.O. in that subsequent program earlier than the 5th

14  year of such program.

15         (e)  During development of the transportation

16  improvement program, the M.P.O. shall, in cooperation with the

17  department and any affected public transit operation, provide

18  citizens, affected public agencies, representatives of

19  transportation agency employees, freight shippers, providers

20  of freight transportation services, private providers of

21  transportation, representatives of users of public transit,

22  and other interested parties with reasonable notice of and an

23  opportunity to comment on the proposed program.

24         (f)(e)  The adopted annual transportation improvement

25  program for M.P.O.'s in nonattainment or maintenance areas

26  must be submitted to the district secretary and the Department

27  of Community Affairs at least 90 days before the submission of

28  the state transportation improvement program by the department

29  to the appropriate federal agencies. The annual transportation

30  improvement program for M.P.O.'s in attainment areas must be

31  submitted to the district secretary and the Department of

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  1  Community Affairs at least 45 days before the department

  2  submits the state transportation improvement program to the

  3  appropriate federal agencies; however, the department, the

  4  Department of Community Affairs, and a metropolitan planning

  5  organization may, in writing, agree to vary this submittal

  6  date.  The Governor or the Governor's designee shall review

  7  and approve each transportation improvement program and any

  8  amendments thereto.

  9         (g)(f)  The Department of Community Affairs shall

10  review the annual transportation improvement program of each

11  M.P.O. for consistency with the approved local government

12  comprehensive plans of the units of local government whose

13  boundaries are within the metropolitan area of each M.P.O. and

14  shall identify those projects that are inconsistent with such

15  comprehensive plans. The Department of Community Affairs shall

16  notify an M.P.O. of any transportation projects contained in

17  its transportation improvement program which are inconsistent

18  with the approved local government comprehensive plans of the

19  units of local government whose boundaries are within the

20  metropolitan area of the M.P.O.

21         (h)  The M.P.O. shall annually publish or otherwise

22  make available for public review the annual listing of

23  projects for which federal funds have been obligated in the

24  preceding year. Project monitoring systems shall be maintained

25  by those agencies responsible for obligating federal funds and

26  made accessible to the M.P.O.'s.

27         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

28  develop, in cooperation with the department and public

29  transportation providers, a unified planning work program that

30  lists all planning tasks to be undertaken during the program

31  year. The unified planning work program must provide a

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  1  complete description of each planning task and an estimated

  2  budget therefor and must comply with applicable state and

  3  federal law.

  4         (9)  AGREEMENTS.--

  5         (a)  Each M.P.O. shall execute the following written

  6  agreements, which shall be reviewed, and updated as necessary,

  7  every 5 years:

  8         1.  An agreement with the department clearly

  9  establishing the cooperative relationship essential to

10  accomplish the transportation planning requirements of state

11  and federal law.

12         2.  An agreement with the metropolitan and regional

13  intergovernmental coordination and review agencies serving the

14  metropolitan areas, specifying the means by which activities

15  will be coordinated and how transportation planning and

16  programming will be part of the comprehensive planned

17  development of the area.

18         3.  An agreement with operators of public

19  transportation systems, including transit systems, commuter

20  rail systems, airports, and seaports, describing the means by

21  which activities will be coordinated and specifying how public

22  transit, commuter rail, aviation, and seaport planning and

23  programming will be part of the comprehensive planned

24  development of the metropolitan area.

25         (b)  An M.P.O. may execute other agreements required by

26  state or federal law or as necessary to properly accomplish

27  its functions.

28         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

29  COUNCIL.--

30         (a)  A Metropolitan Planning Organization Advisory

31  Council is created to augment, and not supplant, the role of

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  1  the individual M.P.O.'s in the cooperative transportation

  2  planning process described in s. 339.155(5).

  3         (b)  The council shall consist of one representative

  4  from each M.P.O. and shall elect a chairperson annually from

  5  its number.  Each M.P.O. shall also elect an alternate

  6  representative from each M.P.O. to vote in the absence of the

  7  representative. Members of the council do not receive any

  8  compensation for their services, but may be reimbursed from

  9  funds made available to council members for travel and per

10  diem expenses incurred in the performance of their council

11  duties as provided in s. 112.061.

12         (c)  The powers and duties of the Metropolitan Planning

13  Organization Advisory Council are to:

14         1.  Enter into contracts with individuals, private

15  corporations, and public agencies.

16         2.  Acquire, own, operate, maintain, sell, or lease

17  personal property essential for the conduct of business.

18         3.  Accept funds, grants, assistance, gifts, or

19  bequests from private, local, state, or federal sources.

20         4.  Establish bylaws and adopt rules pursuant to ss.

21  120.536(1) and 120.54 to implement provisions of law

22  conferring powers or duties upon it.

23         5.  Assist M.P.O.'s in carrying out the urbanized area

24  transportation planning process by serving as the principal

25  forum for collective policy discussion pursuant to law.

26         6.  Serve as a clearinghouse for review and comment by

27  M.P.O.'s on the Florida Transportation Plan and on other

28  issues required to comply with federal or state law in

29  carrying out the urbanized area transportation and systematic

30  planning processes instituted pursuant to s. 339.155.

31

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  1         7.  Employ an executive director and such other staff

  2  as necessary to perform adequately the functions of the

  3  council, within budgetary limitations. The executive director

  4  and staff are exempt from part II of chapter 110 and serve at

  5  the direction and control of the council.  The council is

  6  assigned to the Office of the Secretary of the Department of

  7  Transportation or for fiscal and accountability purposes, but

  8  it shall otherwise function independently of the control and

  9  direction of the department.

10         8.  Adopt an agency strategic plan that provides the

11  priority directions the agency will take to carry out its

12  mission within the context of the state comprehensive plan and

13  any other statutory mandates and directions given to the

14  agency.

15         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

16  an agency of the Federal Government that any provision of this

17  section conflicts with federal laws or regulations, such

18  federal laws or regulations will take precedence to the extent

19  of the conflict until such conflict is resolved.  The

20  department or an M.P.O. may take any necessary action to

21  comply with such federal laws and regulations or to continue

22  to remain eligible to receive federal funds.

23         Section 41.  Subsection (14) is added to section

24  341.041, Florida Statutes, 1998 Supplement, to read:

25         341.041  Transit responsibilities of the

26  department.--The department shall, within the resources

27  provided pursuant to chapter 216:

28         (14)  Create and maintain a common self-retention

29  insurance fund to support public transit projects throughout

30  the state where there is a contractual or legal obligation to

31  have such fund in existence in order to provide public transit

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  1  services. The maximum limit of such fund shall be as required

  2  by any contractual or legal obligation.

  3         Section 42.  Subsections (2) through (5) of section

  4  341.053, Florida Statutes, are renumbered as subsections (3)

  5  through (6), respectively, and a new subsection (2) is added

  6  to that section to read:

  7         341.053  Intermodal Development Program;

  8  administration; eligible projects; limitations.--

  9         (2)  In recognition of the department's role in the

10  economic development of this state, the department shall

11  develop a proposed intermodal development plan to connect

12  Florida's airports, deepwater seaports, rail systems serving

13  both passenger and freight, and major intermodal connectors to

14  the Florida Intrastate Highway System facilities as the

15  primary system for the movement of people and freight in this

16  state in order to make the intermodal development plan a fully

17  integrated and interconnected system. The intermodal

18  development plan must:

19         (a)  Define and assess the state's freight intermodal

20  network, including airports, seaports, rail lines and

21  terminals, and connecting highways.

22         (b)  Prioritize statewide infrastructure investments,

23  including the acceleration of current projects, which are

24  found by the Freight Stakeholders Task Force to be priority

25  projects for the efficient movement of people and freight.

26         (c)  Be developed in a manner that will assure maximum

27  use of existing facilities and optimum integration and

28  coordination of the various modes of transportation, including

29  both government-owned and privately owned resources, in the

30  most cost-effective manner possible.

31

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  1         Section 43.  It is the intent of the Legislature that

  2  all seaport projects which have been let to contract pursuant

  3  to chapter 311 and section 320.20, Florida Statutes, prior to

  4  July 1, 1999, shall continue to be implemented as provided in

  5  laws in effect prior to the effective date of this act. All

  6  future seaport projects funded using state funds pursuant to

  7  chapter 311 and section 320.20, Florida Statutes, shall be

  8  undertaken pursuant to the provisions of this act.

  9         Section 44.  Subsections (6) and (8) of section

10  341.302, Florida Statutes, are amended to read:

11         341.302  Rail program, duties and responsibilities of

12  the department.--The department, in conjunction with other

13  governmental units and the private sector, shall develop and

14  implement a rail program of statewide application designed to

15  ensure the proper maintenance, safety, revitalization, and

16  expansion of the rail system to assure its continued and

17  increased availability to respond to statewide mobility needs.

18  Within the resources provided pursuant to chapter 216, and as

19  authorized under Title 49 C.F.R. part 212, the department

20  shall:

21         (6)  Secure and administer federal grants, loans, and

22  apportionments for rail projects within this state when

23  necessary to further the statewide program.

24         (8)  Conduct, at a minimum, inspections of track and

25  rolling stock, train signals and related equipment, hazardous

26  materials transportation, including the loading, unloading,

27  and labeling of hazardous materials at shipper, receiver, and

28  transfer points, and train operating practices to determine

29  adherence to state and federal standards.  Department

30  personnel may enforce any safety regulation issued under the

31

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  1  Federal Government's preemptive authority over interstate

  2  commerce.

  3         Section 45.  Section 373.4137, Florida Statutes, is

  4  amended to read:

  5         373.4137  Mitigation requirements.--

  6         (1)  The Legislature finds that environmental

  7  mitigation for the impact of transportation projects proposed

  8  by the Department of Transportation can be more effectively

  9  achieved by regional, long-range mitigation planning rather

10  than on a project-by-project basis.  It is the intent of the

11  Legislature that mitigation to offset the adverse effects of

12  these transportation projects be funded by the Department of

13  Transportation and be carried out by the Department of

14  Environmental Protection and the water management districts,

15  including the use of mitigation banks established pursuant to

16  this part.

17         (2)  Environmental impact inventories for

18  transportation projects proposed by the Department of

19  Transportation shall be developed as follows:

20         (a)  By July 1 of each year Beginning July 1996, the

21  Department of Transportation shall submit annually to the

22  Department of Environmental Protection and the water

23  management districts a copy of its tentative adopted work

24  program and an inventory of habitats addressed in the rules

25  adopted pursuant to this part and s. 404 of the Clean Water

26  Act, 33 U.S.C. s. 1344, which may be impacted by its plan of

27  construction for transportation projects in the next first 3

28  years of the adopted work program. The Department of

29  Transportation may also include in its inventory the habitat

30  impacts of any future transportation project identified in the

31  tentative work program For the July 1996 submittal, the

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  1  inventory may exclude those projects which have received

  2  permits pursuant to this part and s. 404 of the Clean Water

  3  Act, 33 U.S.C. s. 1344, projects for which mitigation planning

  4  or design has commenced, or projects for which mitigation has

  5  been implemented in anticipation of future permitting needs.

  6         (b)  The environmental impact inventory shall include a

  7  description of these habitat impacts, including their

  8  location, acreage, and type; state water quality

  9  classification of impacted wetlands and other surface waters;

10  any other state or regional designations for these habitats;

11  and a survey of threatened species, endangered species, and

12  species of special concern affected by the proposed project.

13         (3)  To fund the mitigation plan for the projected

14  impacts identified in the inventory described in subsection

15  (2), beginning July 1, 1997, the Department of Transportation

16  shall identify funds quarterly in an escrow account within the

17  State Transportation Trust Fund for the environmental

18  mitigation phase of projects budgeted by the Department of

19  Transportation for the current fiscal year. The escrow account

20  will be maintained established by the Department of

21  Transportation for the benefit of the Department of

22  Environmental Protection and the water management districts.

23  Any interest earnings from the escrow account shall remain

24  with be returned to the Department of Transportation.  The

25  Department of Environmental Protection or water management

26  districts may shall request a transfer of funds from the

27  escrow account to the Ecosystem Management and Restoration

28  Trust Fund no sooner than 30 days prior to the date the funds

29  are needed to pay for activities associated with development

30  or implementation of the approved mitigation plan described in

31  subsection (4) for the current fiscal year, including, but not

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  1  limited to, design, engineering, production, and staff

  2  support. Actual conceptual plan preparation costs incurred

  3  prior to plan approval may be submitted to the Department of

  4  Transportation and the Department of Environmental Protection

  5  by November 1 of each year with the plan. The conceptual plan

  6  preparation costs of each water management district will be

  7  paid based on the amount approved on the mitigation plan and

  8  allocated to the current fiscal year projects identified by

  9  the water management district contained in the mitigation

10  programs.  The amount transferred to the escrow account each

11  year by the Department of Transportation shall correspond to a

12  cost per acre of $75,000 multiplied by the projected acres of

13  impact identified in the inventory described in subsection (2)

14  within the water management district for that year.  The water

15  management district may draw from the trust fund no sooner

16  than 30 days prior to the date funds are needed to pay for

17  activities associated with development or implementation of

18  the mitigation plan described in subsection (4).  Each May

19  July 1, beginning in 1998, the cost per acre shall be adjusted

20  by the percentage change in the average of the Consumer Price

21  Index issued by the United States Department of Labor for the

22  most recent 12-month period ending September 30, compared to

23  the base year average, which is the average for the 12-month

24  period ending September 30, 1996.  At the end of each year,

25  the projected acreage of impact shall be reconciled with the

26  acreage of impact of projects as permitted, including permit

27  modification, pursuant to this part and s. 404 of the Clean

28  Water Act, 33 U.S.C. s. 1344., and The subject following

29  year's transfer of funds shall be adjusted accordingly to

30  reflect the over transfer or under transfer of funds from the

31  preceding year. The Department of Transportation Environmental

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  1  Protection is authorized to transfer such funds from the

  2  escrow account Ecosystem Management and Restoration Trust Fund

  3  to the Department of Environmental Protection and the water

  4  management districts to carry out the mitigation programs.

  5         (4)  Prior to December 1 of each year 31, 1996, each

  6  water management district, in consultation with the Department

  7  of Environmental Protection, the United States Army Corps of

  8  Engineers, the Department of Transportation, and other

  9  appropriate federal, state, and local governments, and other

10  interested parties, including entities operating mitigation

11  banks, shall develop a plan for the primary purpose of

12  complying with the mitigation requirements adopted pursuant to

13  this part and 33 U.S.C. s. 1344.  This plan shall also address

14  significant invasive aquatic and exotic plant problems within

15  wetlands and other surface waters.  In developing such plans,

16  the districts shall utilize sound ecosystem management

17  practices to address significant water resource needs and

18  shall focus on activities of the Department of Environmental

19  Protection and the water management districts, such as surface

20  water improvement and management (SWIM) waterbodies and lands

21  identified for potential acquisition for preservation,

22  restoration, or enhancement, to the extent that such

23  activities comply with the mitigation requirements adopted

24  under this part and 33 U.S.C. s. 1344.  In determining the

25  activities to be included in such plans, the districts shall

26  also consider the purchase of credits from public or private

27  mitigation banks permitted pursuant to s. 373.4136 and

28  associated federal authorization under this part and shall

29  include such purchase as a part of the mitigation plan when

30  such purchase would offset the impact of the transportation

31  project, provide equal benefits to the water resources than

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  1  other mitigation options being considered, and provide the

  2  most cost-effective mitigation option.  The mitigation plan

  3  shall be preliminarily approved by the water management

  4  district governing board and shall be submitted to the

  5  secretary of the Department of Environmental Protection for

  6  review and final approval. The preliminary approval by the

  7  water management district governing board does not constitute

  8  a decision which affects substantial interests as provided by

  9  s. 120.569. At least 30 days prior to preliminary approval,

10  the water management district shall provide a copy of the

11  draft mitigation plan to any person who has requested a copy.

12         (a)  For each transportation project with a funding

13  request for the next fiscal year, the mitigation plan shall

14  include a brief explanation of why a mitigation bank was or

15  was not chosen as a mitigation option, including an estimation

16  of identifiable costs of the mitigation bank and nonbank

17  options to the extent practicable. If the Department of

18  Environmental Protection and water management districts are

19  unable to identify mitigation that would offset the impacts of

20  a project included in the inventory, either due to the nature

21  of the impact or the amount of funds available, that project

22  shall not be addressed in the mitigation plan and the project

23  shall not be subject to the provisions of this section.

24         (b)  Specific projects may be excluded from the

25  mitigation plan and shall not be subject to this section upon

26  the agreement of the Department of Transportation, the

27  Department of Environmental Protection, and the appropriate

28  water management district if:

29         1.  that The inclusion of such projects would hamper

30  the efficiency or timeliness of the mitigation planning and

31  permitting process; or

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  1         2.  The Department of Environmental Protection and the

  2  water management district are unable to identify mitigation

  3  that would offset the impacts of the project.

  4         (c)  Surface water improvement and management or

  5  invasive plant control projects undertaken using the $12

  6  million advance transferred from the Department of

  7  Transportation to the Department of Environmental Protection

  8  in fiscal year 1996-1997 which meet the requirements for

  9  mitigation under this part and 33 U.S.C. s. 1344 shall remain

10  available for mitigation until the $12 million is fully

11  credited up to and including fiscal year 2004-2005. When these

12  projects are used as mitigation, the $12 million advance shall

13  be reduced by $75,000 per acre of impact mitigated. For any

14  fiscal year through and including fiscal year 2004-2005, to

15  the extent the cost of developing and implementing the

16  mitigation plans is less than the amount transferred pursuant

17  to subsection (3), the difference shall be credited towards

18  the $12 million advance. Except as noted in this paragraph,

19  any funds not directed to implement the mitigation plan

20  should, to the greatest extent possible, be directed to fund

21  invasive plant control within wetlands and other surface

22  waters. Those transportation projects that are proposed to

23  commence in fiscal year 1996-1997 shall not be addressed in

24  the mitigation plan, and the provisions of subsection (7)

25  shall not apply to these projects.  The Department of

26  Transportation may enter into interagency agreements with the

27  Department of Environmental Protection or any water management

28  district to perform mitigation planning and implementation for

29  these projects.

30         (d)  On July 1, 1996, the Department of Transportation

31  shall transfer to the Department of Environmental Protection

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  1  $12 million from the State Transportation Trust Fund for the

  2  purposes of the surface water improvement management program

  3  and to address statewide aquatic and exotic plant problems

  4  within wetlands and other surface waters.  Such funds shall be

  5  considered an advance upon funds that the Department of

  6  Transportation would provide for statewide mitigation during

  7  the 1997-1998, 1998-1999, and 1999-2000 fiscal years.  This

  8  use of mitigation funds for surface water improvement

  9  management projects or aquatic and exotic plant control may be

10  utilized as mitigation for transportation projects to the

11  extent that it complies with the mitigation requirements

12  adopted pursuant to this part and 33 U.S.C. s. 1344.  To the

13  extent that such activities result in mitigation credit for

14  projects permitted in fiscal year 1996-1997, all or part of

15  the $12 million funding for surface water improvement

16  management projects or aquatic and exotic plant control in

17  fiscal year 1996-1997 shall be drawn from Department of

18  Transportation mitigation funding for fiscal year 1996-1997

19  rather than from mitigation funding for fiscal years

20  1997-1998, 1998-1999, and 1999-2000, in an amount equal to the

21  cost per acre of impact described in subsection (3), times the

22  acreage of impact that is mitigated by such plant control

23  activities.  Any part of the $12 million that does not result

24  in mitigation credit for projects permitted in fiscal year

25  1996-1997 shall remain available for mitigation credit during

26  fiscal years 1997-1998, 1998-1999, or 1999-2000.

27         (5)  The water management district shall be responsible

28  for ensuring that mitigation requirements pursuant to 33

29  U.S.C. s. 1344 are met for the impacts identified in the

30  inventory described in subsection (2), by implementation of

31  the approved plan described in subsection (4) to the extent

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  1  funding is provided as funded by the Department of

  2  Transportation.  During the federal permitting process, the

  3  water management district may deviate from the approved

  4  mitigation plan in order to comply with federal permitting

  5  requirements.

  6         (6)  The mitigation plan shall be updated annually to

  7  reflect the most current Department of Transportation work

  8  program and may be amended throughout the year to anticipate

  9  schedule changes or additional projects which may arise.  Each

10  update and amendment of the mitigation plan shall be submitted

11  to the secretary of the Department of Environmental Protection

12  for approval as described in subsection (4). However, such

13  approval shall not be applicable to a deviation as described

14  in subsection (5).

15         (7)  Upon approval by the secretary of the Department

16  of Environmental Protection, the mitigation plan shall be

17  deemed to satisfy the mitigation requirements under this part

18  and any other mitigation requirements imposed by local,

19  regional, and state agencies for impacts identified in the

20  inventory described in subsection (2).  The approval of the

21  secretary shall authorize the activities proposed in the

22  mitigation plan, and no other state, regional, or local permit

23  or approval shall be necessary.

24         (8)  This section shall not be construed to eliminate

25  the need for the Department of Transportation to comply with

26  the requirement to implement practicable design modifications,

27  including realignment of transportation projects, to reduce or

28  eliminate the impacts of its transportation projects on

29  wetlands and other surface waters as required by rules adopted

30  pursuant to this part, or to diminish the authority under this

31  part to regulate other impacts, including water quantity or

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  1  water quality impacts, or impacts regulated under this part

  2  that are not identified in the inventory described in

  3  subsection (2).

  4         (9)  The recommended mitigation plan shall be annually

  5  submitted to the Executive Office of the Governor and the

  6  Legislature through the legislative budget request of the

  7  Department of Environmental Protection in accordance with

  8  chapter 216.  Any funds not directed to implement the

  9  mitigation plan should, to the greatest extent possible, be

10  directed to fund aquatic and exotic plant problems within the

11  wetlands and other surface waters.

12         (10)  By December 1, 1997, the Department of

13  Environmental Protection, in consultation with the water

14  management districts, shall submit a report to the Governor,

15  the President of the Senate, and the Speaker of the House of

16  Representatives describing the implementation of this section,

17  including the use of public and private mitigation banks and

18  other types of mitigation approved in the mitigation plan.

19  The report shall also recommend any amendments to this section

20  necessary to improve the process for developing and

21  implementing mitigation plans for the Department of

22  Transportation.  The report shall also include a specific

23  section on how private and public mitigation banks are

24  utilized within the mitigation plans.

25         Section 46.  Subsections (3) and (23) of section

26  479.01, Florida Statutes, are amended to read:

27         479.01  Definitions.--As used in this chapter, the

28  term:

29         (3)  "Commercial or industrial zone" means a parcel of

30  land an area within 660 feet of the nearest edge of the

31  right-of-way of the interstate or federal-aid primary system

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  1  designated predominately for commercial or industrial use

  2  under both the future land use map of the comprehensive plan

  3  and the land use development regulations adopted under

  4  pursuant to chapter 163. If a parcel is located in an area

  5  designated for multiple uses on the future land use map of a

  6  comprehensive plan and the land development regulations do not

  7  clearly designate that parcel for a specific use, the area

  8  will be considered an unzoned commercial or industrial area if

  9  it meets the criteria of subsection (23) Where a local

10  governmental entity has not enacted a comprehensive plan by

11  local ordinance but has zoning regulations governing the area,

12  the zoning of an area shall determine whether the area is

13  designated predominately for commercial or industrial uses.

14         (23)  "Unzoned commercial or industrial area" means a

15  parcel of land designated by the an area within 660 feet of

16  the nearest edge of the right-of-way of the interstate or

17  federal-aid primary system where the land use is not covered

18  by a future land use map of the comprehensive plan for

19  multiple uses that include commercial or industrial uses but

20  are not specifically designated for commercial or industrial

21  uses under the land development regulations and or zoning

22  regulation pursuant to subsection (2), in which there are

23  located three or more separate and distinct conforming

24  industrial or commercial activities are located.

25         (a)  These activities must satisfy the following

26  criteria:

27         1.  At least one of the commercial or industrial

28  activities must be located on the same side of the highway and

29  within 800 feet of the sign location.

30         2.  The commercial or industrial activities must be

31  within 660 feet from the nearest edge of the right-of-way.

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  1         3.  The commercial or industrial activities must be

  2  within 1,600 feet of each other.

  3

  4  Distances specified in this paragraph must be measured from he

  5  nearest outer edge of the primary building, or primary

  6  building complex when the individual units of the complex are

  7  connected by covered walkways uses located within a 1,600-foot

  8  radius of each other and generally recognized as commercial or

  9  industrial by zoning authorities in this state.

10         (b)  Certain activities, including, but not limited to,

11  the following, may not be so recognized as commercial or

12  industrial activities:

13         1.(a)  Signs.

14         2.  Communication towers.

15         3.(b)  Agricultural, forestry, ranching, grazing,

16  farming, and related activities, including, but not limited

17  to, wayside fresh produce stands.

18         4.(c)  Transient or temporary activities.

19         5.(d)  Activities not visible from the main-traveled

20  way.

21         6.(e)  Activities conducted more than 660 feet from the

22  nearest edge of the right-of-way.

23         7.(f)  Activities conducted in a building principally

24  used as a residence.

25         8.(g)  Railroad tracks and minor sidings.

26         Section 47.  Paragraph (b) of subsection (8) of section

27  479.07, Florida Statutes, is amended to read:

28         479.07  Sign permits.--

29         (8)

30         (b)  If a permittee has not submitted his or her fee

31  payment by the expiration date of the licenses or permits, the

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  1  department shall send a notice of violation to the permittee

  2  within 45 days after the expiration date, requiring the

  3  payment of the permit fee within 30 days after the date of the

  4  notice and payment of a delinquency fee equal to 10 percent of

  5  the original amount due or, in the alternative to these

  6  payments, requiring the filing of a request for an

  7  administrative hearing to show cause why his or her sign

  8  should not be subject to immediate removal due to expiration

  9  of his or her license or permit.  If the permittee submits

10  payment as required by the violation notice, his or her

11  license or permit will be automatically reinstated and such

12  reinstatement will be retroactive to the original expiration

13  date. If the permittee does not respond to the notice of

14  violation within the 30-day period, the department shall,

15  within 30 days, issue a final notice of sign removal and may,

16  following 90 days after the date of the department's final

17  notice of sign removal, remove the sign without incurring any

18  liability as a result of such removal. However, if at any time

19  prior to the removal of the sign within 90 days after the date

20  of the department's final notice of sign removal, the

21  permittee demonstrates that a good faith error on the part of

22  the permittee resulted in cancellation or nonrenewal of the

23  permit, the department may reinstate the permit if:

24         1.  The sign has not yet been disassembled by the

25  permittee;

26         2.  Conflicting applications have not been filed by

27  other persons;

28         1.3.  A The permit reinstatement fee of up to $300,

29  based upon the size of the sign, is paid;

30         2.4.  All other permit renewal and delinquent permit

31  fees due as of the reinstatement date are paid; and

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  1         3.5.  The permittee reimburses the department for all

  2  actual costs resulting from the permit cancellation or

  3  nonrenewal and sign removal.

  4

  5  Conflicting applications filed by other persons for the same

  6  or competing site covered by a permit subject to the

  7  provisions of this paragraph shall not be approved until after

  8  the sign subject to the expired permit has been removed.

  9         Section 48.  Subsections (3), (4), and (5) are added to

10  section 479.15, Florida Statutes, to read:

11         479.15  Harmony of regulations.--

12         (3)  It is the express intent of the Legislature to

13  limit the state right-of-way acquisition costs on state and

14  federal roads in eminent domain proceedings, the provisions of

15  ss. 479.07 and 479.155 notwithstanding. Subject to approval by

16  the Federal Highway Administration, whenever public

17  acquisition of land upon which is situated a lawful

18  nonconforming sign occurs, as provided in this chapter, the

19  sign may, at the election of its owner and the department, be

20  relocated or reconstructed adjacent to the new right-of-way

21  along the roadway. The sign owner shall pay for all costs

22  associated with relocating or reconstructing any sign under

23  this subsection. Neither the state nor any local government

24  shall reimburse the sign owner for such costs.

25         (4)  Such relocation shall be adjacent to the current

26  site and the face of the sign shall not be increased in size

27  at the point of relocation.

28         (5)  In the event that relocation shall be inconsistent

29  with the ordinances of the county or municipality within whose

30  jurisdiction the sign is located, the ordinance of the local

31  government shall prevail provided that the local government

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  1  shall assume the responsibility to provide the owner of the

  2  sign just compensation for its removal. Further, the

  3  provisions of this section shall not impair any existing or

  4  future agreement between a county or municipality and the

  5  owner of a sign or signs within the jurisdiction of the county

  6  or municipality.

  7         Section 49.  Subsection (15) of section 479.16, Florida

  8  Statutes, is amended to read:

  9         479.16  Signs for which permits are not required.--The

10  following signs are exempt from the requirement that a permit

11  for a sign be obtained under the provisions of this chapter

12  but are required to comply with the provisions of s.

13  479.11(4)-(8):

14         (15)  Signs not in excess of 16 square feet placed at a

15  road junction with the State Highway System denoting only the

16  distance or direction of a residence or farm operation, or, in

17  a rural area where a hardship is created because a small

18  business is not visible from the road junction with the State

19  Highway System, one sign not in excess of 16 8 square feet,

20  denoting only the name of the business and the distance and

21  direction to the business. The small-business-sign provision

22  of this subsection does not apply to charter counties and may

23  not be implemented if the Federal Government notifies the

24  department that implementation will adversely affect the

25  allocation of federal funds to the department.

26         Section 50.  Sections 341.3201, 341.321, 341.322,

27  341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,

28  341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,

29  341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,

30  341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,

31  341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,

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  1  341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,

  2  341.381, 341.382, 341.383, and 341.386, Florida Statutes, are

  3  hereby repealed.

  4         Section 51.  Except as otherwise provided herein, this

  5  act shall take effect upon becoming a law.

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