CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Webster and Casas moved the following amendment to

12  amendment (322842):

13

14         Senate Amendment (with title amendment) 

15         On page 1, between lines 17 and 18,

16

17  insert:

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

19  paragraphs (a) and (d) of subsection (3) of section 20.23,

20  Florida Statutes, 1998 Supplement, is amended and to read:

21         20.23  Department of Transportation.--There is created

22  a Department of Transportation which shall be a decentralized

23  agency.

24         (2)

25         (b)  The commission shall have the primary functions

26  to:

27         1.  Recommend major transportation policies for the

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

29  revisions thereto are properly executed.

30         2.  Periodically review the status of the state

31  transportation system including highway, transit, rail,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  seaport, intermodal development, and aviation components of

 2  the system and recommend improvements therein to the Governor

 3  and the Legislature.

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

 5  department budget request, the Florida Transportation Plan,

 6  and the tentative work program for compliance with all

 7  applicable laws and established departmental policies. Except

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

 9  the commission may not consider individual construction

10  projects, but shall consider methods of accomplishing the

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

12  businesslike manner.

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

14  regular basis to assure that the department is managing

15  revenue and bond proceeds responsibly and in accordance with

16  law and established policy.

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

18  efficiency, productivity, and management of the department,

19  using performance and production standards developed by the

20  commission pursuant to s. 334.045.

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

22  causing disruption of project schedules in the adopted work

23  program and recommend to the Legislature and the Governor

24  methods to eliminate or reduce the disruptive effects of these

25  factors.

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

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

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

29  standards in order to ensure uniform compliance and quality

30  performance by the districts and central office units that

31  implement transportation programs.  Major transportation

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  policy initiatives or revisions shall be submitted to the

 2  commission for review. The central office monitoring function

 3  shall be based on a plan that clearly specifies what areas

 4  will be monitored, activities and criteria used to measure

 5  compliance, and a feedback process that assures monitoring

 6  findings are reported and deficiencies corrected.  The

 7  secretary is responsible for ensuring that a the central

 8  office monitoring function is implemented by October 1, 1990,

 9  and that it functions properly thereafter.  In conjunction

10  with its monitoring function, the central office shall provide

11  such training and administrative support to the districts as

12  the department determines to be necessary to ensure that the

13  department's programs are carried out in the most efficient

14  and effective manner.

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

16  established within the central office for the purposes of:

17         a.  Developing policy and procedures and monitoring

18  performance to ensure compliance with these policies and

19  procedures;

20         b.  Performing statewide activities which it is more

21  cost-effective to perform in a central location;

22         c.  Assessing and ensuring the accuracy of information

23  within the department's financial management information

24  systems; and

25         d.  Performing other activities of a statewide nature.

26         2.  The following offices are established and shall be

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

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

29  classified at a level equal to a division director:

30         a.  The Office of Administration;

31         b.  The Office of Policy Planning;

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         c.  The Office of Design;

 2         d.  The Office of Highway Operations Construction;

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

 4         f.  The Office of Toll Operations; and

 5         g.  The Office of Information Systems.

 6         3.  Other offices may be established in accordance with

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

 8  of chapter 110. No office or organization shall be created at

 9  a level equal to or higher than a division without specific

10  legislative authority.

11         4.  During the construction of a major transportation

12  improvement project or as determined by the district

13  secretary, the department may provide assistance to a business

14  entity significantly impacted by the project if the entity is

15  a for-profit entity that has been in business for 3 years

16  prior to the beginning of construction and has direct or

17  shared access to the transportation project being constructed.

18  The assistance program shall be in the form of additional

19  guarantees to assist the impacted business entity in receiving

20  loans pursuant to Title 13 C.F.R. part 120. However, in no

21  instance shall the combined guarantees be greater than 90

22  percent of the loan. The department shall adopt rules to

23  implement this subparagraph.

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

25  Florida Statutes, are amended to read:

26         206.46  State Transportation Trust Fund.--

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

28  the revenues deposited into the State Transportation Trust

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  meet the requirements of the documents authorizing the bonds

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

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

 4  coverage requirements of outstanding bonds.  Notwithstanding

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

 6  the annual amount transferred under this subsection shall not

 7  exceed an amount necessary to provide the required debt

 8  service coverage levels for a maximum debt service not to

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

10  primarily from the motor and diesel fuel taxes transferred to

11  the State Transportation Trust Fund from the Fuel Tax

12  Collection Trust Fund.

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

14  percent of all state revenues deposited into the State

15  Transportation Trust Fund shall be committed annually by the

16  department for public transportation projects in accordance

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

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

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

20  deposited into the State Transportation Trust Fund shall be

21  committed annually by the department for public transportation

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

23  and chapter 341, and chapter 343.

24         Section 3.  The Department of Community Affairs and the

25  Department of Transportation must jointly review and submit

26  proposed legislative language based upon and implementing the

27  recommendations of the Transportation and Land Use Study

28  Committee, created by the 1998 Legislature, and 1999 Senate

29  Bill 2306, to the Legislature on or before December 1, 1999.

30  Such proposed legislative language must be fiscally feasible

31  within current and projected funding.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         Section 4.  Section 215.615, Florida Statutes, is

 2  created to read:

 3         215.615  Fixed-guideway transportation systems

 4  funding.--

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

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

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

 8  authorized, pursuant to the State Bond Act, to finance or

 9  refinance fixed capital expenditures for fixed-guideway

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

11  facilities appurtenant thereto, costs of issuance, and other

12  amounts relating to such financing or refinancing. Such

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

14  from sources other than revenues of the Department of

15  Transportation, in a manner acceptable to the Department of

16  Transportation.

17         (a)  The department and any participating commuter rail

18  authority or regional transportation authority established

19  under chapter 343, local governments, or local governments

20  collectively by interlocal agreement having jurisdiction of a

21  fixed-guideway transportation system may enter into an

22  interlocal agreement to promote the efficient and

23  cost-effective financing or refinancing of fixed-guideway

24  transportation system projects by revenue bonds issued

25  pursuant to this subsection. The terms of such interlocal

26  agreements shall include provisions for the Department of

27  Transportation to request the issuance of the bonds on behalf

28  of the parties; shall provide that each party to the agreement

29  is contractually liable for an equal share of funding an

30  amount equal to the debt service requirements of such bonds;

31  and shall include any other terms, provisions or covenants

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  necessary to the making of and full performance under such

 2  interlocal agreement. Repayments made to the department under

 3  any interlocal agreement are not pledged to the repayment of

 4  bonds issued hereunder, and failure of the local governmental

 5  authority to make such payment shall not affect the obligation

 6  of the department to pay debt service on the bonds.

 7         (b)  Revenue bonds issued pursuant to this subsection

 8  shall not constitute a general obligation of, or a pledge of

 9  the full faith and credit of, the State of Florida. Bonds

10  issued pursuant to this section shall be payable from funds

11  available pursuant to s. 206.46(3), subject to annual

12  appropriation.  The amount of revenues available for debt

13  service shall never exceed a maximum of 2 percent of all state

14  revenues deposited into the State Transportation Trust Fund.

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

16  proceeds of the revenue bonds issued hereunder are designated

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

18  11(d), Art. VII of the State Constitution, and the specific

19  projects to be financed or refinanced shall be determined by

20  the Department of Transportation in accordance with state law

21  and appropriations from the State Transportation Trust Fund.

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

23  issued pursuant to this subsection must first be approved by

24  the Legislature by an act of general law.

25         (d)  Any complaint for validation of bonds issued

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

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  is pending.

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

 3  such revenue bonds or other instruments of indebtedness issued

 4  hereunder, that it will not repeal or impair or amend these

 5  provisions in any manner that will materially and adversely

 6  affect the rights of such holders as long as bonds authorized

 7  by this subsection are outstanding.

 8         (f)  This subsection supersedes any inconsistent

 9  provisions in existing law.

10

11  Notwithstanding this subsection, the lien of revenue bonds

12  issued pursuant to this subsection on moneys deposited into

13  the State Transportation Trust Fund shall be subordinate to

14  the lien on such moneys of bonds issued under ss. 215.605,

15  320.20, and 215.616, and any pledge of such moneys to pay

16  operating and maintenance expenses under subsection (5) and

17  chapter 348, as may be amended.

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

19  transportation system projects must comply with the major

20  capital investment policy guidelines and criteria established

21  by the Department of Transportation under chapter 341; must be

22  found to be consistent, to the maximum extent feasible, with

23  approved local government comprehensive plans of the local

24  governments in which such projects are located; and must be

25  included in the work program of the Department of

26  Transportation pursuant to the provisions under s. 339.135.

27  The department shall certify that the expected useful life of

28  the transportation improvements will equal or exceed the

29  maturity date of the debt to be issued.

30         Section 5.  Subsection (2) of section 316.003, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         316.003  Definitions.--The following words and phrases,

 2  when used in this chapter, shall have the meanings

 3  respectively ascribed to them in this section, except where

 4  the context otherwise requires:

 5         (2)  BICYCLE.--Every vehicle propelled solely by human

 6  power, and every motorized bicycle propelled by a combination

 7  of human power and an electric helper motor rated at not more

 8  than 200 watts and capable of propelling the vehicle at a

 9  speed of not more than 20 10 miles per hour on level ground

10  upon which any person may ride, having two tandem wheels, and

11  including any device generally recognized as a bicycle though

12  equipped with two front or two rear wheels.  The term does not

13  include such a vehicle with a seat height of no more than 25

14  inches from the ground when the seat is adjusted to its

15  highest position or a scooter or similar device. No person

16  under the age of 16 may operate or ride upon a motorized

17  bicycle.

18         Section 6.  Subsection (1) of section 320.08, Florida

19  Statutes, is amended to read:

20         320.08  License taxes.--Except as otherwise provided

21  herein, there are hereby levied and imposed annual license

22  taxes for the operation of motor vehicles, mopeds, motorized

23  bicycles as defined in s. 316.003(2), and mobile homes, as

24  defined in s. 320.01, which shall be paid to and collected by

25  the department or its agent upon the registration or renewal

26  of registration of the following:

27         (1)  MOTORCYCLES, and MOPEDS, MOTORIZED BICYCLES.--

28         (a)  Any motorcycle: $10 flat.

29         (b)  Any moped: $5 flat.

30         (c)  Any motorized bicycle as defined in s. 316.003(2):

31  $5 flat; however, annual renewal is not required.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         (c)(d)  Upon registration of any motorcycle,

 2  motor-driven cycle, or moped there shall be paid in addition

 3  to the license taxes specified in this subsection a

 4  nonrefundable motorcycle safety education fee in the amount of

 5  $2.50.  The proceeds of such additional fee shall be deposited

 6  in the Highway Safety Operating Trust Fund and be used

 7  exclusively to fund a motorcycle driver improvement program

 8  implemented pursuant to s. 322.025 or the Florida Motorcycle

 9  Safety Education Program established in s. 322.0255.

10         (d)(e)  An ancient, antique, or collectible motorcycle:

11  $10 flat.

12         Section 7.  Section 320.0803, Florida Statutes, is

13  amended to read:

14         320.0803  Moped and motorized bicycle license plates.--

15         (1)  Any other provision of law to the contrary

16  notwithstanding, registration and payment of license taxes in

17  accordance with these requirements and for the purposes stated

18  herein shall in no way be construed as placing any

19  requirements upon mopeds, and motorized bicycles as defined in

20  s. 316.003(2), other than the requirements of registration and

21  payment of license taxes.

22         (2)  Each request for a license plate for a moped or a

23  motorized bicycle shall be submitted to the department or its

24  agent on an application form supplied by the department,

25  accompanied by the license tax required in s. 320.08.

26         (3)  The license plate for a moped or motorized bicycle

27  shall be 4 inches wide by 7 inches long.

28         (4)  A license plate for a moped or motorized bicycle

29  shall be of the same material as license plates issued

30  pursuant to s. 320.06; however, the word "Florida" shall be

31  stamped across the top of the plate in small letters.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         Section 8.  Section 320.08035, Florida Statutes, is

 2  amended to read:

 3         320.08035  Persons who have disabilities; reduced

 4  dimension license plate.--The owner or lessee of a motorcycle,

 5  moped, motorized bicycle, or motorized disability access

 6  vehicle who resides in this state and qualifies for a parking

 7  permit for a person who has a disability under s. 320.0848,

 8  upon application and payment of the appropriate license tax

 9  and fees under s. 320.08(1), must be issued a license plate

10  that has reduced dimensions as provided under s. 320.06(3)(a).

11  The plate must be stamped with the international symbol of

12  accessibility after the numeric and alpha serial number of the

13  license plate.  The plate entitles the person to all

14  privileges afforded by a disabled parking permit issued under

15  s. 320.0848.

16         Section 9.  Section 316.0815, Florida Statutes, is

17  created to read:

18         316.0815  Duty to yield to public transit vehicles.--

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

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

21  same direction which has signalled and is reentering the

22  traffic flow from a specifically designated pullout bay.

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

24  public transit bus from the duty to drive with due regard for

25  the safety of all persons using the roadway.

26         Section 10.  Present subsections (2), (3), (4), (5),

27  (6), (7), (8), and (9) of section 316.1895, Florida Statutes,

28  are redesignated as subsections (3), (4), (5), (6), (7), (8),

29  (9), and (10), respectively, and a new subsection (2) is added

30  to that section to read:

31         316.1895  Establishment of school speed zones,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  enforcement; designation.--

 2         (2)  Upon request from the appropriate local

 3  government, the Department of Transportation shall install and

 4  maintain such traffic and pedestrian control devices on

 5  state-maintained roads as prescribed in this section for all

 6  prekindergarten early-intervention schools that receive

 7  federal funding through the Headstart program.

 8         Section 11.  Paragraph (b) of subsection (1),

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

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

11         316.302  Commercial motor vehicles; safety regulations;

12  transporters and shippers of hazardous materials;

13  enforcement.--

14         (1)

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

16  owners or drivers of commercial motor vehicles that are

17  engaged in intrastate commerce are subject to the rules and

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

19  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

21  regulations existed on March 1, 1999 1997.

22         (2)

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

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

25  while transporting agricultural products, including

26  horticultural or forestry products, from farm or harvest place

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

 2  pounds solely in intrastate commerce and who is not

 3  transporting hazardous materials, or who is transporting

 4  petroleum products as defined in s. 376.301 s. 376.301(29), is

 5  exempt from subsection (1). However, such person must comply

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

 7  396.3(a)(1) and s. 396.9.

 8         Section 12.  Paragraph (c) of subsection (3) of section

 9  316.3025, Florida Statutes, is amended to read:

10         316.3025  Penalties.--

11         (3)

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

13         1.  A violation of the placarding requirements of 49

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

15         2.  A violation of the shipping paper requirements of

16  49 C.F.R. parts 171-179;

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

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

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

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

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

22         Section 13.  Paragraph (b) of subsection (2) of section

23  316.545, Florida Statutes, is amended to read:

24         316.545  Weight and load unlawful; special fuel and

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

26         (2)

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

28  registration certificate of the commercial vehicle, as defined

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

30  compliance with the declared gross vehicle weight.  If its

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  5 cents per pound on the difference between such weights.  In

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

 3  316.003(66), is being operated over the highways of the state

 4  with an expired registration or with no registration from this

 5  or any other jurisdiction or is not registered under the

 6  applicable provisions of chapter 320, the penalty herein shall

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

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

 9  combinations or tandem trailer truck combinations, 10,000

10  pounds on laden straight trucks or straight truck-trailer

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

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

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

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

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

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

17  operated on the highways of the state with an expired

18  registration or otherwise not properly registered under the

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

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

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

22  this section may be detained until the owner or operator

23  produces evidence that the vehicle has been properly

24  registered.  Any costs incurred by the retention of the

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

26  person who has been assessed a penalty pursuant to this

27  paragraph for failure to have a valid vehicle registration

28  certificate pursuant to the provisions of chapter 320 is not

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

30  person obtains a valid registration certificate within 10

31  working days after such penalty was assessed.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         Section 14.  Subsection (4) of section 320.20, Florida

 2  Statutes, is amended to read:

 3         320.20  Disposition of license tax moneys.--The revenue

 4  derived from the registration of motor vehicles, including any

 5  delinquent fees and excluding those revenues collected and

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

 7  distributed monthly, as collected, as follows:

 8         (4)  Notwithstanding any other provision of law except

 9  subsections (1), (2), and (3), on July 1, 1999 2001 and

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

11  State Transportation Trust Fund solely for the purposes of

12  funding the Florida Seaport Transportation and Economic

13  Development Program as provided in chapter 311 and for funding

14  seaport intermodal access projects of statewide significance

15  as provided in s. 341.053. Such revenues shall be distributed

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

17  projects as follows:

18         (a)  For any seaport intermodal access projects that

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

20  Department of Transportation, up to the amounts needed to

21  offset the funding requirements of this section; and

22         (b)  For seaport intermodal access projects as

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

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

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

26  mutually determined by the Florida Seaport Transportation and

27  Economic Development Council and the Department of

28  Transportation, provided a minimum of 25 percent of total

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

30  private funds, or specifically earmarked federal funds; or

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

 2

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

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

 5  anticipation certificates, or any other form of indebtedness

 6  issued by an individual port or appropriate local government

 7  having jurisdiction thereof, or collectively by interlocal

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

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

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

11  does hereby covenant with holders of such revenue bonds or

12  other instruments of indebtedness issued hereunder that it

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

14  manner which will materially and adversely affect the rights

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

16  outstanding. Any revenues that are not pledged to the

17  repayment of bonds as authorized by this section may be

18  utilized for purposes authorized under the Florida Seaport

19  Transportation and Economic Development Program. This revenue

20  source is in addition to any amounts provided for and

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

22  The Florida Seaport Transportation and Economic Development

23  Council shall approve distribution of funds to ports for

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

25  or for seaport intermodal access projects identified in the

26  5-year Florida Seaport Mission Plan as provided in s.

27  311.09(3) and mutually agreed upon by the FSTED Council and

28  the Department of Transportation.  All contracts for actual

29  construction of projects authorized by this subsection must

30  include a provision encouraging employment of WAGES

31  participants.  The goal for employment of WAGES participants

                                  16
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  is 25 percent of all new employees employed specifically for

 2  the project, unless the Department of Transportation and the

 3  Florida Seaport Transportation and Economic Development

 4  Council can demonstrate to the satisfaction of the Secretary

 5  of Labor and Employment Security that such a requirement would

 6  severely hamper the successful completion of the project. In

 7  such an instance, the Secretary of Labor and Employment

 8  Security shall establish an appropriate percentage of

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

10  Department of Transportation are authorized to perform such

11  acts as are required to facilitate and implement the

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

13  cooperate to their mutual advantage, the governing body of

14  each port may exercise powers provided to municipalities or

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

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

17  The use of funds provided pursuant to this subsection is

18  limited to eligible projects listed in this subsection. The

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

20  pursuant to this subsection.

21         Section 15.  Prior to the 2000 legislative session, the

22  Auditor General, in cooperation with the Office of Program

23  Policy Analysis and Government Accountability and the

24  Department of Banking and Finance, shall conduct a financial

25  and performance audit of the Florida Seaport Development

26  Program established pursuant to chapter 311 and s. 320.20,

27  Florida Statutes.

28         Section 16.  Subsection (1) of section 335.0415,

29  Florida Statutes, is amended to read:

30         335.0415  Public road jurisdiction and transfer

31  process.--

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         (1)  The jurisdiction of public roads and the

 2  responsibility for operation and maintenance within the

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

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

 5  1995 exists on July 1, 1995.

 6         Section 17.  Subsection (1) of section 335.093, Florida

 7  Statutes, is amended to read:

 8         335.093  Scenic highway designation.--

 9         (1)  The Department of Transportation may, after

10  consultation with other state agencies and local governments,

11  designate public roads as scenic highways on the state highway

12  system.  Public roads Highways designated as scenic highways

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

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

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

16         Section 18.  Paragraph (c) is added to subsection (6)

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

18  that section is amended to read:

19         337.11  Contracting authority of department; bids;

20  emergency repairs, supplemental agreements, and change orders;

21  combined design and construction contracts; progress payments;

22  records; requirements of vehicle registration.--

23         (6)

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

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

26  economy, improved operations or safety, and only when

27  circumstances dictate rapid completion of the work, the

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

29  287.017 for CATEGORY FOUR, enter into contracts for

30  construction and maintenance without advertising and receiving

31  competitive bids. However, if legislation is enacted by the

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Legislature which changes the category thresholds, the

 2  threshold amount shall remain at $60,000. The department may

 3  enter into such contracts only upon a determination that the

 4  work is necessary for one of the following reasons:

 5         1.  To ensure timely completion of projects or

 6  avoidance of undue delay for other projects;

 7         2.  To accomplish minor repairs or construction and

 8  maintenance activities for which time is of the essence and

 9  for which significant cost savings would occur; or

10         3.  To accomplish nonemergency work necessary to ensure

11  avoidance of adverse conditions that affect the safe and

12  efficient flow of traffic.

13

14  The department shall make a good-faith effort to obtain two or

15  more quotes, if available, from qualified contractors before

16  entering into any contract. The department shall give

17  consideration to disadvantaged business enterprise

18  participation. However, when the work exists within the limits

19  of an existing contract, the department shall make a

20  good-faith effort to negotiate and enter into a contract with

21  the prime contractor on the existing contract.

22         (16)  The department is authorized to undertake and

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

24  on any construction project or group of related construction

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

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

27  in its best interests.  Such OCIP may provide insurance

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

29  employers liability and general liability and builders risk

30  for contractors and subcontractors, for and in conjunction

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  department may directly purchase such coverage in the manner

 2  provided for the purchase of commodities pursuant to s.

 3  287.057, or self-insure, or use a combination thereof, any

 4  other statutory provisions or limitations on self-insurance or

 5  purchase of insurance notwithstanding.  The department's

 6  authority hereunder includes the purchase of risk management,

 7  risk and loss control, safety management, investigative and

 8  claims adjustment services, advancement of funds for payment

 9  of claims, and other services reasonably necessary to process

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

11  any prequalification required under s. 337.14, no contractor

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

13  contractor's casualty and loss experience and safety record

14  meets the minimum requirements for OCIP coverage issuance on

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

16  Exercise of the department's authority under this subsection

17  shall not be deemed a waiver of sovereign immunity.

18         Section 19.  Paragraph (a) of subsection (1) of section

19  337.16, Florida Statutes, is amended to read:

20         337.16  Disqualification of delinquent contractors from

21  bidding; determination of contractor nonresponsibility;

22  denial, suspension, and revocation of certificates of

23  qualification; grounds; hearing.--

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

25  investigation by the department discloses that such contractor

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

27  case the contractor's certificate of qualification shall be

28  suspended or revoked.  Any contractor whose certificate of

29  qualification is suspended or revoked for delinquency shall

30  also be disapproved as a subcontractor during the period of

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

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  has used prices of a subcontractor who becomes disqualified

 2  after the bid and before the request for authorization to

 3  sublet is presented.

 4         (a)  A contractor is delinquent when unsatisfactory

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

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

 7  complete.  Unsatisfactory progress shall be determined in

 8  accordance with the contract provisions.

 9         Section 20.  Subsection (2) of section 337.162, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         337.162  Professional services.--Professional services

12  provided to the department that fall below acceptable

13  professional standards may result in transportation project

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

15  effects and ensure that quality services are received, the

16  Legislature hereby declares that licensed professionals shall

17  be held accountable for the quality of the services they

18  provide to the department.

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

20  who is licensed by the Department of Business and Professional

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

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

23  has violated the provisions of state professional licensing

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

25  the Department of Business and Professional Regulation.

26  Failure to submit a complaint about the violations may be

27  grounds for disciplinary action pursuant to part I of chapter

28  455 and the state licensing law applicable to that licensee.

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

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

31  submitted to the Department of Business and Professional

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Regulation and maintained by the department is confidential

 2  and exempt from s. 119.07(1).

 3         Section 21.  Subsections (1) and (2) of section 337.18,

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

 5         337.18  Surety bonds; requirement with respect to

 6  contract award; defaults; damage assessments.--

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

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

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

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

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

12  nature and nonperformance will not endanger public health,

13  safety, or property. The department may require alternate

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

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

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

17  Governor and his or her successors in office and conditioned

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

19  contract according to plans and specifications and within the

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

21  persons furnishing labor, material, equipment, and supplies

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

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

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

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

26  certified check, or postal money order.

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

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

29  cause attributable to such contractor. The department shall

30  have no liability for anticipated profits for unfinished work

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Every contract let by the department for the performance of

 2  work shall contain a provision for payment to the department

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

 4  contractor to complete the contract work within the time

 5  stipulated in the contract or within such additional time as

 6  may have been granted by the department. The contractual

 7  provision shall include a reasonable estimate of the damages

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

 9  failure. The department shall establish a schedule of daily

10  liquidated damage charges, based on original contract amounts,

11  for construction contracts entered into by the department,

12  which schedule shall be incorporated by reference into the

13  contract. The department shall update the schedule of

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

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

16  based on the average construction, engineering, and inspection

17  costs experienced by the department on contracts over the 2

18  preceding fiscal years. The schedule shall also include

19  anticipated costs of project-related delays and inconveniences

20  to the department and traveling public. Anticipated costs may

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

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

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

24  resulting from retaining detours for an extended time, and

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

26  following categories, based on the original contract amounts:

27         (a)  $50,000 and under;

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

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

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

 4         (i)  $20 million and over.

 5

 6  Any such liquidated damages paid to the department shall be

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

 8  work contracted was authorized.

 9         Section 22.  Subsections (1), (2), (3), (7), and (8) of

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

11         337.185  State Arbitration Board.--

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

13  additional compensation arising out of construction contracts

14  between the department and the various contractors with whom

15  it transacts business, the Legislature does hereby establish

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

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

18  mean the aggregate of all outstanding claims by a party

19  arising out of a construction contract.  Every contractual

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

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

22  or, upon agreement of the parties, up to $1 million per

23  contract that cannot be resolved by negotiation between the

24  department and the contractor shall be arbitrated by the board

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

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

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

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

29  process established by this section has been exhausted.

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

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

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  one member shall be elected by those construction companies

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

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

 4  Whenever the third member has a conflict of interest regarding

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

 6  shall select an alternate member for that hearing.  The head

 7  of the department may select an alternative or substitute to

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

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

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

11  and custodian of its records.

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

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

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

15  arbitration.  The board shall conduct the hearing within 45

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

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

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

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

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

21  state in a court of law.

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

23  construction companies and the third member of the board may

24  receive compensation for the performance of their duties

25  hereunder, from administrative fees received by the board,

26  except that no employee of the department may receive

27  compensation from the board.  The compensation amount shall be

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

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

30  authorized to receive compensation.  Nothing in this section

31  shall prevent the member elected by construction companies

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  from being an employee of an association affiliated with the

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

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

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

 5  board may allocate funds annually for clerical and other

 6  administrative services.

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

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

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

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

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

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

13  $2,000 per claim which is in excess of $100,000 but not

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

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

16  $250,000, not to exceed $4,000 per claim which is in excess of

17  $300,000 but not exceeding $400,000, and not to exceed $5,000

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

19  administration and compensation of the board.

20         Section 23.  Paragraph (a) of subsection (1) and

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

22  Statutes, are amended to read:

23         337.25  Acquisition, lease, and disposal of real and

24  personal property.--

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

26  or otherwise acquire any land, property interests, or

27  buildings or other improvements, including personal property

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

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

30  or anticipated transportation facilities on the State Highway

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  in a transportation corridor designated by the department.

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

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

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

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

 6  the department has determined is not needed for the

 7  construction, operation, and maintenance of a transportation

 8  facility. With the exception of any parcel governed by

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

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

11  refusal to the local government in the jurisdiction of which

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

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

14         (i)  If property was originally acquired specifically

15  to provide replacement housing for persons displaced by

16  federally assisted transportation projects, the department may

17  negotiate for the sale of such property as replacement

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

19  its investment in such properties or fair market value,

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

21  be extended only to those persons actually displaced by such

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

23  market value.

24         Section 24.  Subsection (9) is added to section

25  337.251, Florida Statutes, to read:

26         337.251  Lease of property for joint public-private

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

28         (9)  Notwithstanding s. 341.327, a fixed-guideway

29  transportation system authorized by the department to be

30  wholly or partially within the department's right-of-way

31  pursuant to a lease granted under this section may operate at

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  any safe speed.

 2         Section 25.  Subsection (1) of section 337.403, Florida

 3  Statutes, is amended to read:

 4         337.403  Relocation of utility; expenses.--

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

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

 7  corridor that is found by the authority to be unreasonably

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

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

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

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

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

13  utility at its own expense except as provided in paragraphs

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

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

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

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

18  construction of a project on the federal-aid interstate

19  system, including extensions thereof within urban areas, and

20  the cost of such project is eligible and approved for

21  reimbursement by the Federal Government to the extent of 90

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

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

24  operating such facilities shall relocate such facilities upon

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

26  expense properly attributable to such relocation after

27  deducting therefrom any increase in the value of the new

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

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

30  the utility is executed for utility improvement, relocation,

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  construction of a transportation facility, the department may

 2  participate in those utility improvement, relocation, or

 3  removal costs that exceed the department's official estimate

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

 5  of such participation shall be limited to the difference

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

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

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

 9  not participate in any utility improvement, relocation, or

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

11  during the course of the contract.

12         (c)  When an agreement between the department and

13  utility is executed for utility improvement, relocation, or

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

15  construction of a transportation facility, the department may

16  participate in the cost of clearing and grubbing necessary to

17  perform such work.

18         Section 26.  Subsection (18) is added to section

19  373.414, Florida Statutes, to read:

20         373.414  Additional criteria for activities in surface

21  waters and wetlands.--

22         (18)  MITIGATION STUDIES.--

23         (a)  For impacts resulting from activities regulated

24  under part IV of chapter 373, the Legislature finds that

25  successful mitigation performed by the public and private

26  sectors has helped to preserve the state's natural resources.

27         (b)  The Office of Program Policy Analysis and

28  Government Accountability shall study the mitigation options

29  as defined by s. 373.414(1)(b), implemented from 1994 to the

30  present, and issue a report by January 31, 2000. The study

31  shall consider the effectiveness and costs of the current

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  mitigation options in offsetting adverse effects to wetlands

 2  and wetland functions, including the application of cumulative

 3  impact considerations, and identify, as appropriate,

 4  recommendations for statutory or rule changes to increase the

 5  effectiveness of mitigation strategies.

 6         Section 27.  Paragraph (b) of subsection (2) of section

 7  338.223, Florida Statutes, is amended to read:

 8         338.223  Proposed turnpike projects.--

 9         (2)

10         (b)  In accordance with the legislative intent

11  expressed in s. 337.273, and after the requirements of

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

13  lands and property before making a final determination of the

14  economic feasibility of a project. The requirements of

15  paragraph (1)(c) do not apply to hardship and protective

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

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

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

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

20  purchase from a property owner of a residential dwelling of

21  not more than four units who is at a disadvantage due to

22  health impairment, job loss, or significant loss of rental

23  income. For purposes of this paragraph, the term "protective

24  purchase" means that a purchase to limit development,

25  building, or other intensification of land uses within the

26  area right-of-way is needed for transportation facilities. The

27  department shall give written notice to the Department of

28  Environmental Protection 30 days before final agency

29  acceptance as set forth in s. 119.07(3)(n), which notice shall

30  allow the Department of Environmental Protection to comment.

31  Hardship and protective purchases of right-of-way shall not

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  influence the environmental feasibility of a project,

 2  including the decision relative to the need to construct the

 3  project or the selection of a specific location. Costs to

 4  acquire and dispose of property acquired as hardship and

 5  protective purchases are considered costs of doing business

 6  for the department and are not to be considered in the

 7  determination of environmental feasibility for the project.

 8         Section 28.  Section 338.229, Florida Statutes, is

 9  amended to read:

10         338.229  Pledge to bondholders not to restrict certain

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

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

13  338.22-338.241 ss. 338.22-338.244 that the state will not

14  limit or restrict the rights vested in the department to

15  construct, reconstruct, maintain, and operate any turnpike

16  project as defined in ss. 338.22-338.241 ss. 338.22-338.244 or

17  to establish and collect such tolls or other charges as may be

18  convenient or necessary to produce sufficient revenues to meet

19  the expenses of maintenance and operation of the turnpike

20  system and to fulfill the terms of any agreements made with

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

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

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

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

25  this section, the department is specifically authorized to

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

27  or other disposition or operation of any portion of the

28  turnpike system which reduces the revenue available for

29  payment to bondholders.

30         Section 29.  Subsection (10) of section 338.251,

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         338.251  Toll Facilities Revolving Trust Fund.--The

 2  Toll Facilities Revolving Trust Fund is hereby created for the

 3  purpose of encouraging the development and enhancing the

 4  financial feasibility of revenue-producing road projects

 5  undertaken by local governmental entities in a county or

 6  combination of contiguous counties.

 7         (10)  Any repayment of prior or future advances made

 8  from the State Transportation Trust Fund which were used to

 9  fund any project phase of a toll facility, shall be deposited

10  in the Toll Facilities Revolving Trust Fund. However, when

11  funds advanced to the Seminole County Expressway Authority

12  pursuant to this section are repaid to the Toll Facilities

13  Revolving Trust Fund by or on behalf of the Seminole County

14  Expressway Authority, those funds shall thereupon and

15  forthwith be appropriated for and advanced to the Seminole

16  County Expressway Authority for funding the design of and the

17  advanced right-of-way acquisition for that segment of the

18  Seminole County Expressway extending from U.S. Highway 17/92

19  to Interstate Highway 4. Notwithstanding subsection (6), when

20  funds previously advanced to the Orlando-Orange County

21  Expressway Authority are repaid to the Toll Facilities

22  Revolving Trust Fund by or on behalf of the Orlando-Orange

23  County Expressway Authority, those funds may thereupon and

24  forthwith be appropriated for and advanced to the Seminole

25  County Expressway Authority for funding that segment of the

26  Seminole County Expressway extending from U.S. Highway 17/92

27  to Interstate Highway 4. Any funds advanced to the

28  Tampa-Hillsborough County Expressway Authority pursuant to

29  this section which have been or will be repaid on or after

30  July 1, 1998, to the Toll Facilities Revolving Trust Fund on

31  behalf of the Tampa-Hillsborough County Expressway Authority

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  shall thereupon and forthwith be appropriated for and advanced

 2  to the Tampa-Hillsborough County Expressway Authority for

 3  funding the design of and the advanced right-of-way

 4  acquisition for the Brandon area feeder roads, capital

 5  improvements to increase capacity to the expressway system,

 6  and Lee Roy Selmon Crosstown Expressway System Widening as

 7  authorized under s. 348.565.

 8         Section 30.  Section 339.2816, Florida Statutes, is

 9  created to read:

10         339.2816  Small County Road Assistance Program;

11  definitions; program funding; funding eligibility; project

12  contract administration.--

13         (1)  There is created within the Department of

14  Transportation the Small County Road Assistance Program. The

15  purpose of this program is to assist small county governments

16  in resurfacing or reconstructing county roads.

17         (3)  For the purposes of this section the term "small

18  county" means any county that has a population of 75,000 or

19  less according to 1990 federal census data.

20         (4)  Beginning with fiscal year 1999-2000 until fiscal

21  year 2009-2010 up to $25 million annually from the State

22  Transportation Trust Fund may be used for the purposes of

23  funding the Small County Road Assistance Program as described

24  in this section.

25         (5)(a)  Small counties shall be eligible to compete for

26  funds that have been designated for the Small County Road

27  Assistance Program for resurfacing or reconstruction projects

28  on county roads that were part of the county road system on

29  June 10, 1995. Capacity improvements on county roads shall not

30  be eligible for funding under the program.

31         (b)  In determining a county's eligibility for

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  assistance under this program, the department may consider

 2  whether the county has attempted to keep county roads in

 3  satisfactory condition, including the amount of local option

 4  fuel tax and ad valorem millage rate imposed by the county.

 5  The department may also consider the extent to which the

 6  county has offered to provide a match of local funds with

 7  state funds provided under the program. At a minimum, small

 8  counties shall be eligible only if:

 9         1.  The county has enacted the maximum rate of the

10  local option fuel tax authorized by s. 336.025(1)(a), and has

11  imposed an ad valorem millage rate of at least 8 mills, or

12         2.  The county has imposed an ad valorem millage rate

13  of 10 mills.

14         (c)  The following criteria shall be used to prioritize

15  road projects for funding under the program:

16         1.  The primary criterion is the physical condition of

17  the road as measured by the department.

18         2.  As secondary criteria the department may consider:

19         a.  Whether a road is used as an evacuation route.

20         b.  Whether a road has high levels of agricultural

21  travel.

22         c.  Whether a road is considered a major arterial

23  route.

24         d.  Whether a road is considered a feeder road.

25         e.  Other criteria related to the impact of a project

26  on the public road system or on the state or local economy as

27  determined by the department.

28         (6)  The department is authorized to administer

29  contracts on behalf of a county selected to receive funding

30  for a project under this section. All projects funded under

31  this section shall be included in the department's work

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  program developed pursuant to s. 339.135.

 2         Section 31.  Present paragraph (i) of subsection (2) of

 3  section 339.08, Florida Statutes, is redesignated as paragraph

 4  (j) and a new paragraph (i) is added to that subsection to

 5  read:

 6         339.08  Use of moneys in State Transportation Trust

 7  Fund.--

 8         (2)  These rules must restrict the use of such moneys

 9  to the following purposes:

10         (i)  To pay the cost of county road projects selected

11  in accordance with the Small County Road Assistance Program

12  created in s. 339.2816.

13         Section 32.  Section 339.155, Florida Statutes, is

14  amended to read:

15         339.155  Transportation planning.--

16         (1)  THE FLORIDA TRANSPORTATION PLAN.--The department

17  shall develop and annually update a statewide transportation

18  plan, to be known as the Florida Transportation Plan.  The

19  plan shall be designed so as to be easily read and understood

20  by the general public.

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

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

23  long-range transportation goals and objectives of the

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

25  years within the context of the State Comprehensive Plan and

26  any other statutory mandates and authorizations. The Florida

27  Transportation Plan shall consider the needs of the entire

28  state transportation system and examine the use of all modes

29  of transportation to effectively and efficiently meet such

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  objectives, and specify those objectives against which the

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

 3  plan shall provide a policy framework within which the

 4  department's legislative budget request, the strategic

 5  information resource management plan, and the work program are

 6  developed.

 7         (2)  SCOPE OF PLANNING PROCESS DEVELOPMENT CRITERIA.--

 8         (a)  The Florida Transportation Plan shall consider the

 9  needs of the entire state transportation system, examine the

10  use of all modes of transportation to effectively and

11  efficiently meet such needs, and provide for the

12  interconnection of all types of modes in a comprehensive

13  intermodal transportation system.  In developing the Florida

14  Transportation Plan, the department shall carry out a

15  transportation planning process that provides for

16  consideration of projects and strategies that will consider

17  the following:

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

19  Florida, and the metropolitan areas, especially by enabling

20  global competitiveness, 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 throughout

29  Florida, for people and freight;

30         6.  Promote efficient system management and operation;

31  and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         7.  Emphasize the preservation of the existing

 2  transportation system.

 3         (b)  Additionally, the department shall consider:

 4         1.  With respect to nonmetropolitan areas, the concerns

 5  of local elected officials representing units of general

 6  purpose local government;

 7         2.  The concerns of Indian tribal governments and

 8  federal land management agencies that have jurisdiction over

 9  land within the boundaries of Florida; and

10         3.  Coordination of transportation plans, programs, and

11  planning activities with related planning activities being

12  carried out outside of metropolitan planning areas.

13         (c)(a)  The results of the management systems required

14  pursuant to federal laws and regulations.

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

16  objectives, programs, or requirements.

17         (e)(c)  Strategies for incorporating bicycle

18  transportation facilities and pedestrian walkways in projects

19  where appropriate throughout the state.

20         (f)(d)  International border crossings and access to

21  ports, airports, intermodal transportation facilities, major

22  freight distribution routes, national parks, recreation and

23  scenic areas, monuments and historic sites, and military

24  installations.

25         (g)(e)  The transportation needs of nonmetropolitan

26  areas through a process that includes consultation with local

27  elected officials with jurisdiction over transportation.

28         (h)(f)  Consistency of the plan, to the maximum extent

29  feasible, with strategic regional policy plans, metropolitan

30  planning organization plans, and approved local government

31  comprehensive plans so as to contribute to the management of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  orderly and coordinated community development.

 2         (i)(g)  Connectivity between metropolitan areas within

 3  the state and with metropolitan areas in other states.

 4         (j)(h)  Recreational travel and tourism.

 5         (k)(i)  Any state plan developed pursuant to the

 6  Federal Water Pollution Control Act.

 7         (l)(j)  Transportation system management and investment

 8  strategies designed to make the most efficient use of existing

 9  transportation facilities.

10         (m)(k)  The total social, economic, energy, and

11  environmental effects of transportation decisions on the

12  community and region.

13         (n)(l)  Methods to manage traffic congestion and to

14  prevent traffic congestion from developing in areas where it

15  does not yet occur, including methods which reduce motor

16  vehicle travel, particularly single-occupant vehicle travel.

17         (o)(m)  Methods to expand and enhance transit services

18  and to increase the use of such services.

19         (p)(n)  The effect of transportation decisions on land

20  use and land development, including the need for consistency

21  between transportation decisionmaking and the provisions of

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

23  development plans.

24         (q)(o)  Where appropriate, the use of innovative

25  mechanisms for financing projects, including value capture

26  pricing, tolls, and congestion pricing.

27         (r)(p)  Preservation and management of rights-of-way

28  for construction of future transportation projects, including

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

30  future transportation corridors, and identification of those

31  corridors for which action is most needed to prevent

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  destruction or loss.

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

 3  transportation system.

 4         (t)(r)  Methods to enhance the efficient movement of

 5  commercial motor vehicles.

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

 7  engineering of bridges, tunnels, or pavement.

 8         (v)(t)  Investment strategies to improve adjoining

 9  state and local roads that support rural economic growth and

10  tourism development, federal agency renewable resources

11  management, and multipurpose land management practices,

12  including recreation development.

13         (w)(u)  The concerns of Indian tribal governments

14  having jurisdiction over lands within the boundaries of the

15  state.

16         (x)(v)  A seaport or airport master plan, which has

17  been incorporated into an approved local government

18  comprehensive plan, and the linkage of transportation modes

19  described in such plan which are needed to provide for the

20  movement of goods and passengers between the seaport or

21  airport and the other transportation facilities.

22         (y)(w)  The joint use of transportation corridors and

23  major transportation facilities for alternate transportation

24  and community uses.

25         (z)(x)  The integration of any proposed system into all

26  other types of transportation facilities in the community.

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

28  Transportation Plan shall be a unified, concise planning

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

30  transportation goals and objectives and documents the

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

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

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

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

 5  the following components:

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

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

 8  department's findings from its examination of the criteria

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

10  developed in cooperation with the metropolitan planning

11  organizations and reconciled, to the maximum extent feasible,

12  with the long-range plans developed by metropolitan planning

13  organizations pursuant to s. 339.175. The plan must also be

14  developed in consultation with affected local officials in

15  nonmetropolitan areas and with any affected Indian tribal

16  governments. The plan must provide an examination of

17  transportation issues likely to arise during at least a

18  20-year period. The long-range component shall be updated at

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

20  reflect substantive changes to federal or state law.

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

22  objectives and strategies necessary to implement the goals and

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

24  The short-range component must define the relationship between

25  the long-range goals and the short-range objectives, specify

26  those objectives against which the department's achievement of

27  such goals will be measured, and identify transportation

28  strategies necessary to efficiently achieve the goals and

29  objectives in the plan. It must provide a policy framework

30  within which the department's legislative budget request, the

31  strategic information resource management plan, and the work

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  program are developed. The short-range component shall serve

 2  as the department's annual agency strategic plan pursuant to

 3  s. 186.021. The short-range component shall be developed

 4  consistent with the requirements of s. 186.022 and consistent

 5  with available and forecasted state and federal funds. In

 6  addition to those entities listed in s. 186.022, the

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

 8  Transportation Commission.

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

10  develop an annual performance report evaluating the operation

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

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

13  include a summary of the financial operations of the

14  department and shall annually evaluate how well the adopted

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

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

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

18  performance report shall also be submitted to the Florida

19  Transportation Commission and the legislative appropriations

20  and transportation committees.

21         (5)  ADDITIONAL TRANSPORTATION PLANS.--

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

23  department may in its discretion develop and design

24  transportation corridors, arterial and collector streets,

25  vehicular parking areas, and other support facilities which

26  are consistent with the plans of the department for major

27  transportation facilities.  The department may render to local

28  governmental entities or their planning agencies such

29  technical assistance and services as are necessary so that

30  local plans and facilities are coordinated with the plans and

31  facilities of the department.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

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

 3  an element of its strategic regional policy plan,

 4  transportation goals and policies.  The transportation goals

 5  and policies shall be consistent, to the maximum extent

 6  feasible, with the goals and policies of the metropolitan

 7  planning organization and the Florida Transportation Plan.

 8  The transportation goals and policies of the regional planning

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

10  department and any affected metropolitan planning organization

11  for their consideration and comments. Metropolitan planning

12  organization plans and other local transportation plans shall

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

14  the regional transportation goals and policies.  The regional

15  planning council shall review urbanized area transportation

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

17  and provide the department and respective metropolitan

18  planning organizations with written recommendations which the

19  department and the metropolitan planning organizations shall

20  take under advisement.  Further, the regional planning

21  councils shall directly assist local governments which are not

22  part of a metropolitan area transportation planning process in

23  the development of the transportation element of their

24  comprehensive plans as required by s. 163.3177.

25         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

26  TRANSPORTATION PLANNING.--

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

28  of the Florida Transportation Plan and prior to substantive

29  revisions, and prior to adoption of all subsequent amendments,

30  the department shall provide citizens, affected public

31  agencies, representatives of transportation agency employees,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  other affected employee representatives, private providers of

 2  transportation, and other known interested parties with an

 3  opportunity to comment on the proposed plan or revisions

 4  amendments. These opportunities This hearing shall include

 5  presentation and discussion of the factors listed in

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

 7  notice in the Florida Administrative Weekly and within a

 8  newspaper of general circulation within the area of each

 9  department district office. These notices shall be published

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

11  appearing at least 14 days prior to the hearing.

12         (b)  During development of major transportation

13  improvements, such as those increasing the capacity of a

14  facility through the addition of new lanes or providing new

15  access to a limited or controlled access facility or

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

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

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

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

20  of and commitment to a specific design proposal for the

21  proposed facility. Such public hearings shall be conducted so

22  as to provide an opportunity for effective participation by

23  interested persons in the process of transportation planning

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

25  design of transportation facilities. The various factors

26  involved in the decision or decisions and any alternative

27  proposals shall be clearly presented so that the persons

28  attending the hearing may present their views relating to the

29  decision or decisions which will be made.

30         (c)  Opportunity for design hearings:

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

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

 3  20 days prior to the date set for the hearing.  The affected

 4  property owners shall be:

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

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

 7  proposed facility.

 8         b.  Those who the department determines will be

 9  substantially affected environmentally, economically,

10  socially, or safetywise.

11         2.  For each subsequent hearing, the department shall

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

13  hearing date in a newspaper of general circulation for the

14  area affected.

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

16  shall be furnished to the United States Department of

17  Transportation and to the appropriate departments of the state

18  government at the time of publication.

19         4.  The opportunity for another hearing shall be

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

21  changed from those presented in the notices specified above or

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

23  economic, or environmental effect.

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

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

26  hearing is required.

27         Section 33.  Section 339.175, Florida Statutes, is

28  amended to read:

29         339.175  Metropolitan planning organization.--It is the

30  intent of the Legislature to encourage and promote the safe

31  and efficient management, operation, and development of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  surface transportation systems embracing various modes of

 2  transportation in a manner that will serve maximize the

 3  mobility needs of people and freight goods within and through

 4  urbanized areas of this state while minimizing and minimize,

 5  to the maximum extent feasible, and together with applicable

 6  regulatory government agencies, transportation-related fuel

 7  consumption and air pollution.  To accomplish these

 8  objectives, metropolitan planning organizations, referred to

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

10  with the state and public transit operators, transportation

11  plans and programs for metropolitan areas. The plans and

12  programs for each metropolitan area must provide for the

13  development and integrated management and operation of

14  transportation systems and facilities, including pedestrian

15  walkways and bicycle transportation facilities that will

16  function as an intermodal transportation system for the

17  metropolitan area Such plans and programs must provide for the

18  development of transportation facilities that will function as

19  an intermodal transportation system for the metropolitan area.

20  The process for developing such plans and programs shall

21  provide for consideration of all modes of transportation and

22  shall be continuing, cooperative, and comprehensive, to the

23  degree appropriate, based on the complexity of the

24  transportation problems to be addressed.

25         (1)  DESIGNATION.--

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

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

28  agreement between the Governor and units of general-purpose

29  local government representing at least 75 percent of the

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

31  general-purpose local government that represents the central

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





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

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

 3  such agreement.

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

 5  existing metropolitan planning area urbanized area only if the

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

 7  size and complexity of the existing metropolitan planning area

 8  makes justifies the designation of more than one M.P.O. for

 9  the area appropriate multiple M.P.O.'s.

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

11  the provisions of this section pursuant to an interlocal

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

13  to the interlocal agreement shall be the department and the

14  governmental entities designated by the Governor for

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

16  section and s. 163.01, this section prevails.

17         (c)  The jurisdictional boundaries of an M.P.O. shall

18  be determined by agreement between the Governor and the

19  applicable M.P.O.  The boundaries must include at least the

20  metropolitan planning area, which is the existing urbanized

21  area and the contiguous area expected to become urbanized

22  within a 20-year forecast period, at a minimum, the

23  metropolitan area and may encompass include the entire

24  metropolitan statistical area or the consolidated metropolitan

25  statistical area.

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

27  nonattainment area for ozone or carbon monoxide under the

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

29  metropolitan planning area in existence as of the date of

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

31  boundaries may be adjusted by agreement of the Governor and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  affected metropolitan planning organizations in the manner

 2  described in this section. If more than one M.P.O. has

 3  authority within a metropolitan area or an area that is

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

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

 6  state in the coordination of plans and programs required by

 7  this section.

 8

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

10  operative no later than 6 months following its designation.

11         (2)  VOTING MEMBERSHIP.--

12         (a)  The voting membership of an M.P.O. shall consist

13  of not fewer than 5 or more than 19 apportioned members, the

14  exact number to be determined on an equitable

15  geographic-population ratio basis by the Governor, based on an

16  agreement among the affected units of general-purpose local

17  government as required by federal rules and regulations. The

18  Governor, in accordance with 23 U.S.C. s. 134, as amended by

19  the Intermodal Surface Transportation Efficiency Act of 1991,

20  may also provide for M.P.O. members who represent

21  municipalities to alternate with representatives from other

22  municipalities within the metropolitan planning designated

23  urban area that do not have members on the M.P.O. County

24  commission members shall compose not less than one-third of

25  the M.P.O. membership, except for an M.P.O. with more than 15

26  members located in a county with a five-member county

27  commission or an M.P.O. with 19 members located in a county

28  with no more than 6 county commissioners, in which case county

29  commission members may compose less than one-third percent of

30  the M.P.O. membership, but all county commissioners must be

31  members. All voting members shall be elected officials of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  general-purpose governments, except that an M.P.O. may

 2  include, as part of its apportioned voting members, a member

 3  of a statutorily authorized planning board or an official of

 4  an agency that operates or administers a major mode of

 5  transportation.  In metropolitan areas in which authorities or

 6  other agencies have been, or may be, created by law to perform

 7  transportation functions that are not under the jurisdiction

 8  of a general-purpose local government represented on the

 9  M.P.O., they shall be provided voting membership on the M.P.O.

10  The county commission shall compose not less than 20 percent

11  of the M.P.O. membership if an official of an agency that

12  operates or administers a major mode of transportation has

13  been appointed to an M.P.O.

14         (b)  In metropolitan areas in which authorities or

15  other agencies have been or may be created by law to perform

16  transportation functions that are not under the jurisdiction

17  of a general purpose local government represented on the

18  M.P.O., they shall be provided voting membership on the M.P.O.

19  In all other M.P.O.'s where transportation authorities or

20  agencies are to be represented by elected officials from

21  general purpose local governments, the M.P.O. shall establish

22  a process by which the collective interests of such

23  authorities or other agencies are expressed and conveyed.

24  (c)  Any other provision of this section to the contrary

25  notwithstanding, a chartered county with over 1 million

26  population may elect to reapportion the membership of an

27  M.P.O. whose jurisdiction is wholly within the county. The

28  charter county may exercise the provisions of this paragraph

29  if:

30         1.  The M.P.O. approves the reapportionment plan by a

31  3/4 vote of its membership;

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         2.  The M.P.O. and the charter county determine that

 2  the reapportionment plan is needed to fulfill specific goals

 3  and policies applicable to that metropolitan planning area;

 4  and

 5         3.  The charter county determines the reapportionment

 6  plan otherwise complies with all federal requirements

 7  pertaining to M.P.O. membership.

 8

 9  Any charter county that elects to exercise the provisions of

10  this paragraph shall notify the Governor in writing.

11         (d)(b)  Any other provision of this section to the

12  contrary notwithstanding, any county chartered under s. 6(e),

13  Art. VIII of the State Constitution may elect to have its

14  county commission serve as the M.P.O., if the M.P.O.

15  jurisdiction is wholly contained within the county.  Any

16  charter county that elects to exercise the provisions of this

17  paragraph shall so notify the Governor in writing.  Upon

18  receipt of such notification, the Governor must designate the

19  county commission as the M.P.O.  The Governor must appoint

20  four additional voting members to the M.P.O., one of whom must

21  be an elected official representing a municipality within the

22  county, one of whom must be an expressway authority member,

23  one of whom must be a person who does not hold elected public

24  office and who resides in the unincorporated portion of the

25  county, and one of whom must be a school board member.

26         (3)  APPORTIONMENT.--

27         (a)  The Governor shall, with the agreement of the

28  affected units of general-purpose local government as required

29  by federal rules and regulations, apportion the membership on

30  the applicable M.P.O. among the various governmental entities

31  within the area and shall prescribe a method for appointing

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  alternate members who may vote at any M.P.O. meeting that an

 2  alternate member attends in place of a regular member.  An

 3  appointed alternate member must be an elected official serving

 4  the same governmental entity or a general-purpose local

 5  government with jurisdiction within all or part of the area

 6  that the regular member serves.  The governmental entity so

 7  designated shall appoint the appropriate number of members to

 8  the M.P.O. from eligible officials.  Representatives of the

 9  department shall serve as nonvoting members of the M.P.O.

10  Nonvoting advisers may be appointed by the M.P.O. as deemed

11  necessary.  The Governor shall review the composition of the

12  M.P.O. membership in conjunction with the decennial census as

13  prepared by the United States Department of Commerce, Bureau

14  of Census at least every 5 years and reapportion it as

15  necessary to comply with subsection (2).

16         (b)  Except for members who represent municipalities on

17  the basis of alternating with representatives from other

18  municipalities that do not have members on the M.P.O. as

19  provided in paragraph (2)(a), the members of an M.P.O. shall

20  serve 4-year terms. Members who represent municipalities on

21  the basis of alternating with representatives from other

22  municipalities that do not have members on the M.P.O. as

23  provided in paragraph (2)(a) may serve terms of up to 4 years

24  as further provided in the interlocal agreement described in

25  paragraph (1)(b). The membership of a member who is a public

26  official automatically terminates upon the member's leaving

27  his or her elective or appointive office for any reason, or

28  may be terminated by a majority vote of the total membership

29  of a county or city governing entity represented by the

30  member.  A vacancy shall be filled by the original appointing

31  entity.  A member may be reappointed for one or more

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  additional 4-year terms.

 2         (c)  If a governmental entity fails to fill an assigned

 3  appointment to an M.P.O. within 60 days after notification by

 4  the Governor of its duty to appoint, that appointment shall be

 5  made by the Governor from the eligible representatives of that

 6  governmental entity.

 7         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

 8  responsibility of an M.P.O. is to manage a continuing,

 9  cooperative, and comprehensive transportation planning process

10  that results in the development of plans and programs which

11  are consistent, to the maximum extent feasible, with the

12  approved local government comprehensive plans of the units of

13  local government the boundaries of which are within the

14  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

15  for cooperative decisionmaking by officials of the affected

16  governmental entities in the development of the plans and

17  programs required by subsections (5), (6), (7), and (8).

18         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

19  privileges, and authority of an M.P.O. are those specified in

20  this section or incorporated in an interlocal agreement

21  authorized under s. 163.01.  Each M.P.O. shall perform all

22  acts required by federal or state laws or rules, now and

23  subsequently applicable, which are necessary to qualify for

24  federal aid. It is the intent of this section that each M.P.O.

25  shall be involved in the planning and programming of

26  transportation facilities, including, but not limited to,

27  airports, intercity and high-speed rail lines, seaports, and

28  intermodal facilities, to the extent permitted by state or

29  federal law.

30         (a)  Each M.P.O. shall, in cooperation with the

31  department, develop:

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         1.  A long-range transportation plan pursuant to the

 2  requirements of subsection (6);

 3         2.  An annually updated transportation improvement

 4  program pursuant to the requirements of subsection (7); and

 5         3.  An annual unified planning work program pursuant to

 6  the requirements of subsection (8).

 7         (b)  In developing the long-range transportation plan

 8  and the transportation improvement program required under

 9  paragraph (a), each M.P.O. shall provide for consideration of

10  projects and strategies that will must, at a minimum,

11  consider:

12         1.  Support the economic vitality of the metropolitan

13  area, especially by enabling global competitiveness,

14  productivity, and efficiency;

15         2.  Increase the safety and security of the

16  transportation system for motorized and nonmotorized users;

17         3.  Increase the accessibility and mobility options

18  available to people and for freight;

19         4.  Protect and enhance the environment, promote energy

20  conservation, and improve quality of life;

21         5.  Enhance the integration and connectivity of the

22  transportation system, across and between modes, for people

23  and freight;

24         6.  Promote efficient system management and operation;

25  and

26         7.  Emphasize the preservation of the existing

27  transportation system.

28         1.  The preservation of existing transportation

29  facilities and, where practical, ways to meet transportation

30  needs by using existing facilities more efficiently;

31         2.  The consistency of transportation planning with

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  applicable federal, state, and local energy conservation

 2  programs, goals, and objectives;

 3         3.  The need to relieve congestion and prevent

 4  congestion from occurring where it does not yet occur;

 5         4.  The likely effect of transportation policy

 6  decisions on land use and development and the consistency of

 7  transportation plans and programs with all applicable

 8  short-term and long-term land use and development plans;

 9         5.  The programming of transportation enhancement

10  activities as required by federal law;

11         6.  The effect of all transportation projects to be

12  undertaken in the metropolitan area, without regard to whether

13  such projects are publicly funded;

14         7.  The provision of access to seaports, airports,

15  intermodal transportation facilities, major freight

16  distribution routes, national and state parks, recreation

17  areas, monuments and historic sites, and military

18  installations;

19         8.  The need for roads within the metropolitan area to

20  efficiently connect with roads outside the metropolitan area;

21         9.  The transportation needs identified through the use

22  of transportation management systems required by federal or

23  state law;

24         10.  The preservation of rights-of-way for construction

25  of future transportation projects, including the

26  identification of unused rights-of-way that may be needed for

27  future transportation corridors and the identification of

28  corridors for which action is most needed to prevent

29  destruction or loss;

30         11.  Any available methods to enhance the efficient

31  movement of freight;

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         12.  The use of life-cycle costs in the design and

 2  engineering of bridges, tunnels, or pavement;

 3         13.  The overall social, economic, energy, and

 4  environmental effects of transportation decisions;

 5         14.  Any available methods to expand or enhance transit

 6  services and increase the use of such services; and

 7         15.  The possible allocation of capital investments to

 8  increase security for transit systems.

 9         (c)  In order to provide recommendations to the

10  department and local governmental entities regarding

11  transportation plans and programs, each M.P.O. shall:

12         1.  Prepare a congestion management system for the

13  metropolitan area and cooperate with the department in the

14  development of all other transportation management systems

15  required by state or federal law;

16         2.  Assist the department in mapping transportation

17  planning boundaries required by state or federal law;

18         3.  Assist the department in performing its duties

19  relating to access management, functional classification of

20  roads, and data collection;

21         4.  Execute all agreements or certifications necessary

22  to comply with applicable state or federal law;

23         5.  Represent all the jurisdictional areas within the

24  metropolitan area in the formulation of transportation plans

25  and programs required by this section; and

26         6.  Perform all other duties required by state or

27  federal law.

28         (d)  Each M.P.O. shall appoint a technical advisory

29  committee that includes planners; engineers; representatives

30  of local aviation authorities, port authorities, and public

31  transit authorities or representatives of aviation

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  departments, seaport departments, and public transit

 2  departments of municipal or county governments, as applicable;

 3  the school superintendent of each county within the

 4  jurisdiction of the M.P.O. or the superintendent's designee;

 5  and other appropriate representatives of affected local

 6  governments. In addition to any other duties assigned to it by

 7  the M.P.O. or by state or federal law, the technical advisory

 8  committee is responsible for identifying projects contained in

 9  the long-range transportation plan or transportation

10  improvement program which deserve to be classified as a school

11  safety concern.  Upon receipt of the recommendation from the

12  technical advisory committee that a project should be so

13  classified, the M.P.O. must vote on whether to classify a

14  particular project as a school safety concern.  If the M.P.O.

15  votes that a project should be classified as a school safety

16  concern, the local governmental entity responsible for the

17  project must consider at least two alternatives before making

18  a decision about project location or alignment.

19         (e)1.  Each M.P.O. shall appoint a citizens' advisory

20  committee, the members of which serve at the pleasure of the

21  M.P.O. The membership on the citizens' advisory committee must

22  reflect a broad cross section of local residents with an

23  interest in the development of an efficient, safe, and

24  cost-effective transportation system. Minorities, the elderly,

25  and the handicapped must be adequately represented.

26         2.  Notwithstanding the provisions of subparagraph 1.,

27  an M.P.O. may, with the approval of the department and the

28  applicable federal governmental agency, adopt an alternative

29  program or mechanism to ensure citizen involvement in the

30  transportation planning process.

31         (f)  The department shall allocate to each M.P.O., for

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  the purpose of accomplishing its transportation planning and

 2  programming duties, an appropriate amount of federal

 3  transportation planning funds.

 4         (g)  Each M.P.O. may employ personnel or may enter into

 5  contracts with local or state agencies, private planning

 6  firms, or private engineering firms to accomplish its

 7  transportation planning and programming duties required by

 8  state or federal law.

 9         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

10  develop a long-range transportation plan that addresses at

11  least a 20-year planning horizon. The plan must include both

12  long-range and short-range strategies and must comply with all

13  other state and federal requirements. The long-range

14  transportation plan must be consistent, to the maximum extent

15  feasible, with future land use elements and the goals,

16  objectives, and policies of the approved local government

17  comprehensive plans of the units of local government located

18  within the jurisdiction of the M.P.O. The approved long-range

19  transportation plan must be considered by local governments in

20  the development of the transportation elements in local

21  government comprehensive plans and any amendments thereto. The

22  long-range transportation plan must, at a minimum:

23         (a)  Identify transportation facilities, including, but

24  not limited to, major roadways, airports, seaports, commuter

25  rail systems, transit systems, and intermodal or multimodal

26  terminals that will function as an integrated metropolitan

27  transportation system.  The long-range transportation plan

28  must give emphasis to those transportation facilities that

29  serve national, statewide, or regional functions, and must

30  consider the goals and objectives identified in the Florida

31  Transportation Plan as provided in s. 339.155. If a project is

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  located within the boundaries of more than one M.P.O., the

 2  M.P.O.'s must coordinate plans regarding the project in the

 3  long-range transportation plan.

 4         (b)  Include a financial plan that demonstrates how the

 5  plan can be implemented, indicating resources from public and

 6  private sources which are reasonably expected to be available

 7  to carry out the plan, and recommends any additional financing

 8  strategies for needed projects and programs. The financial

 9  plan may include, for illustrative purposes, additional

10  projects that would be included in the adopted long-range

11  transportation plan if reasonable additional resources beyond

12  those identified in the financial plan were available. For the

13  purpose of developing the long-range transportation plan, the

14  M.P.O. and the department shall cooperatively develop

15  estimates of funds that will be available to support the plan

16  implementation. Innovative financing techniques that may be

17  used to fund needed projects and programs.  Such techniques

18  may include the assessment of tolls, the use of value capture

19  financing, or the use of value congestion pricing.

20         (c)  Assess capital investment and other measures

21  necessary to:

22         1.  Ensure the preservation of the existing

23  metropolitan transportation system including requirements for

24  the operation, resurfacing, restoration, and rehabilitation of

25  major roadways and requirements for the operation,

26  maintenance, modernization, and rehabilitation of public

27  transportation facilities; and

28         2.  Make the most efficient use of existing

29  transportation facilities to relieve vehicular congestion and

30  maximize the mobility of people and goods.

31         (d)  Indicate, as appropriate, proposed transportation

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  enhancement activities, including, but not limited to,

 2  pedestrian and bicycle facilities, scenic easements,

 3  landscaping, historic preservation, mitigation of water

 4  pollution due to highway runoff, and control of outdoor

 5  advertising.

 6         (e)  In addition to the requirements of paragraphs

 7  (a)-(d), in metropolitan areas that are classified as

 8  nonattainment areas for ozone or carbon monoxide, the M.P.O.

 9  must coordinate the development of the long-range

10  transportation plan with the State Implementation Plan

11  developed pursuant to the requirements of the federal Clean

12  Air Act.

13

14  In the development of its long-range transportation plan, each

15  M.P.O. must provide the public, affected public agencies,

16  representatives of transportation agency employees, freight

17  shippers, providers of freight transportation services,

18  private providers of transportation, representatives of users

19  of public transit, and other interested parties, and members

20  of the general public with a reasonable opportunity to comment

21  on the long-range transportation plan. The long-range

22  transportation plan must be approved by the M.P.O.

23         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

24  shall, in cooperation with the state and affected public

25  transportation operators, develop a transportation improvement

26  program for the area within the jurisdiction of the M.P.O.  In

27  the development of the transportation improvement program,

28  each M.P.O. must provide the public, affected public transit

29  agencies, representatives of transportation agency employees,

30  freight shippers, providers of freight transportation

31  services, private providers of transportation, representatives

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  of users of public transit, and other interested parties, and

 2  members of the general public with a reasonable opportunity to

 3  comment on the proposed transportation improvement program.

 4         (a)  Each M.P.O. is responsible for developing,

 5  annually, a list of project priorities and a transportation

 6  improvement program. The transportation improvement program

 7  will be used to initiate federally aided transportation

 8  facilities and improvements as well as other transportation

 9  facilities and improvements including transit, rail, aviation,

10  and port facilities to be funded from the State Transportation

11  Trust Fund within its metropolitan area in accordance with

12  existing and subsequent federal and state laws and rules and

13  regulations related thereto.  The transportation improvement

14  program shall be consistent, to the maximum extent feasible,

15  with the approved local government comprehensive plans of the

16  units of local government whose boundaries are within the

17  metropolitan area of the M.P.O.

18         (b)  Each M.P.O. annually shall prepare a list of

19  project priorities and shall submit the list to the

20  appropriate district of the department by October 1 of each

21  year; however, the department and a metropolitan planning

22  organization may, in writing, agree to vary this submittal

23  date. The list of project priorities must be formally reviewed

24  by the technical and citizens' advisory committees, and

25  approved by the M.P.O., before it is transmitted to the

26  district. The approved list of project priorities must be used

27  by the district in developing the district work program and

28  must be used by the M.P.O. in developing its transportation

29  improvement program. The annual list of project priorities

30  must be based upon project selection criteria that, at a

31  minimum, consider the following:

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         1.  The approved M.P.O. long-range transportation plan;

 2         2.  The results of the transportation management

 3  systems; and

 4         3.  The M.P.O.'s public-involvement procedures.

 5         (c)  The transportation improvement program must, at a

 6  minimum:

 7         1.  Include projects and project phases to be funded

 8  with state or federal funds within the time period of the

 9  transportation improvement program and which are recommended

10  for advancement during the next fiscal year and 4 subsequent

11  fiscal years.  Such projects and project phases must be

12  consistent, to the maximum extent feasible, with the approved

13  local government comprehensive plans of the units of local

14  government located within the jurisdiction of the M.P.O.  For

15  informational purposes, the transportation improvement program

16  shall also include a list of projects to be funded from local

17  or private revenues.

18         2.  Include projects within the metropolitan area which

19  are proposed for funding under 23 U.S.C. s. 134 of the Federal

20  Transit Act and which are consistent with the long-range

21  transportation plan developed under subsection (6).

22         3.  Provide a financial plan that demonstrates how the

23  transportation improvement program can be implemented;

24  indicates the resources, both public and private, that are

25  reasonably expected to be available to accomplish the program;

26  identifies and recommends any innovative financing techniques

27  that may be used to fund needed projects and programs; and may

28  include, for illustrative purposes, additional projects that

29  would be included in the approved transportation improvement

30  program if reasonable additional resources beyond those

31  identified in the financial plan were available. Innovative

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  financing.  Such techniques may include the assessment of

 2  tolls, the use of value capture financing, or the use of value

 3  congestion pricing.  The transportation improvement program

 4  may include a project or project phase only if full funding

 5  can reasonably be anticipated to be available for the project

 6  or project phase within the time period contemplated for

 7  completion of the project or project phase.

 8         4.  Group projects and project phases of similar

 9  urgency and anticipated staging into appropriate staging

10  periods.

11         5.  Indicate how the transportation improvement program

12  relates to the long-range transportation plan developed under

13  subsection (6), including providing examples of specific

14  projects or project phases that further the goals and policies

15  of the long-range transportation plan.

16         6.  Indicate whether any project or project phase is

17  inconsistent with an approved comprehensive plan of a unit of

18  local government located within the jurisdiction of the M.P.O.

19  If a project is inconsistent with an affected comprehensive

20  plan, the M.P.O. must provide justification for including the

21  project in the transportation improvement program.

22         7.  Indicate how the improvements are consistent, to

23  the maximum extent feasible, with affected seaport and airport

24  master plans and with public transit development plans of the

25  units of local government located within the jurisdiction of

26  the M.P.O. If a project is located within the boundaries of

27  more than one M.P.O., the M.P.O.'s must coordinate plans

28  regarding the project in the transportation improvement

29  program.

30         (d)  Projects included in the transportation

31  improvement program and that have advanced to the design stage

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  of preliminary engineering may be removed from or rescheduled

 2  in a subsequent transportation improvement program only by the

 3  joint action of the M.P.O. and the department. Except when

 4  recommended in writing by the district secretary for good

 5  cause, any project removed from or rescheduled in a subsequent

 6  transportation improvement program shall not be rescheduled by

 7  the M.P.O. in that subsequent program earlier than the 5th

 8  year of such program.

 9         (e)  During the development of the transportation

10  improvement program, the M.P.O. shall, in cooperation with the

11  department and any affected public transit operation, provide

12  citizens, affected public agencies, representatives of

13  transportation agency employees, freight shippers, providers

14  of freight transportation services, private providers of

15  transportation, representatives of users of public transit,

16  and other interested parties with reasonable notice of and an

17  opportunity to comment on the proposed program.

18         (f)(e)  The adopted annual transportation improvement

19  program for M.P.O.'s in nonattainment or maintenance areas

20  must be submitted to the district secretary and the Department

21  of Community Affairs at least 90 days before the submission of

22  the state transportation improvement program by the department

23  to the appropriate federal agencies. The annual transportation

24  improvement program for M.P.O.'s in attainment areas must be

25  submitted to the district secretary and the Department of

26  Community Affairs at least 45 days before the department

27  submits the state transportation improvement program to the

28  appropriate federal agencies; however, the department, the

29  Department of Community Affairs, and a metropolitan planning

30  organization may, in writing, agree to vary this submittal

31  date.  The Governor or the Governor's designee shall review

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  and approve each transportation improvement program and any

 2  amendments thereto.

 3         (g)(f)  The Department of Community Affairs shall

 4  review the annual transportation improvement program of each

 5  M.P.O. for consistency with the approved local government

 6  comprehensive plans of the units of local government whose

 7  boundaries are within the metropolitan area of each M.P.O. and

 8  shall identify those projects that are inconsistent with such

 9  comprehensive plans. The Department of Community Affairs shall

10  notify an M.P.O. of any transportation projects contained in

11  its transportation improvement program which are inconsistent

12  with the approved local government comprehensive plans of the

13  units of local government whose boundaries are within the

14  metropolitan area of the M.P.O.

15         (h)  The M.P.O. shall annually publish or otherwise

16  make available for public review the annual listing of

17  projects for which federal funds have been obligated in the

18  preceding year. Project monitoring systems must be maintained

19  by those agencies responsible for obligating federal funds and

20  made accessible to the M.P.O.'s.

21         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

22  develop, in cooperation with the department and public

23  transportation providers, a unified planning work program that

24  lists all planning tasks to be undertaken during the program

25  year. The unified planning work program must provide a

26  complete description of each planning task and an estimated

27  budget therefor and must comply with applicable state and

28  federal law.

29         (9)  AGREEMENTS.--

30         (a)  Each M.P.O. shall execute the following written

31  agreements, which shall be reviewed, and updated as necessary,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  every 5 years:

 2         1.  An agreement with the department clearly

 3  establishing the cooperative relationship essential to

 4  accomplish the transportation planning requirements of state

 5  and federal law.

 6         2.  An agreement with the metropolitan and regional

 7  intergovernmental coordination and review agencies serving the

 8  metropolitan areas, specifying the means by which activities

 9  will be coordinated and how transportation planning and

10  programming will be part of the comprehensive planned

11  development of the area.

12         3.  An agreement with operators of public

13  transportation systems, including transit systems, commuter

14  rail systems, airports, and seaports, describing the means by

15  which activities will be coordinated and specifying how public

16  transit, commuter rail, aviation, and seaport planning and

17  programming will be part of the comprehensive planned

18  development of the metropolitan area.

19         (b)  An M.P.O. may execute other agreements required by

20  state or federal law or as necessary to properly accomplish

21  its functions.

22         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

23  COUNCIL.--

24         (a)  A Metropolitan Planning Organization Advisory

25  Council is created to augment, and not supplant, the role of

26  the individual M.P.O.'s in the cooperative transportation

27  planning process described in s. 339.155(5).

28         (b)  The council shall consist of one representative

29  from each M.P.O. and shall elect a chairperson annually from

30  its number.  Each M.P.O. shall also elect an alternate

31  representative from each M.P.O. to vote in the absence of the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  representative. Members of the council do not receive any

 2  compensation for their services, but may be reimbursed from

 3  funds made available to council members for travel and per

 4  diem expenses incurred in the performance of their council

 5  duties as provided in s. 112.061.

 6         (c)  The powers and duties of the Metropolitan Planning

 7  Organization Advisory Council are to:

 8         1.  Enter into contracts with individuals, private

 9  corporations, and public agencies.

10         2.  Acquire, own, operate, maintain, sell, or lease

11  personal property essential for the conduct of business.

12         3.  Accept funds, grants, assistance, gifts, or

13  bequests from private, local, state, or federal sources.

14         4.  Establish bylaws and adopt rules pursuant to ss.

15  120.536(1) and 120.54 to implement provisions of law

16  conferring powers or duties upon it.

17         5.  Assist M.P.O.'s in carrying out the urbanized area

18  transportation planning process by serving as the principal

19  forum for collective policy discussion pursuant to law.

20         6.  Serve as a clearinghouse for review and comment by

21  M.P.O.'s on the Florida Transportation Plan and on other

22  issues required to comply with federal or state law in

23  carrying out the urbanized area transportation and systematic

24  planning processes instituted pursuant to s. 339.155.

25         7.  Employ an executive director and such other staff

26  as necessary to perform adequately the functions of the

27  council, within budgetary limitations. The executive director

28  and staff are exempt from part II of chapter 110 and serve at

29  the direction and control of the council.  The council is

30  assigned to the Office of the Secretary of the Department of

31  Transportation or for fiscal and accountability purposes, but

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  it shall otherwise function independently of the control and

 2  direction of the department.

 3         8.  Adopt an agency strategic plan that provides the

 4  priority directions the agency will take to carry out its

 5  mission within the context of the state comprehensive plan and

 6  any other statutory mandates and directions given to the

 7  agency.

 8         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

 9  an agency of the Federal Government that any provision of this

10  section conflicts with federal laws or regulations, such

11  federal laws or regulations will take precedence to the extent

12  of the conflict until such conflict is resolved.  The

13  department or an M.P.O. may take any necessary action to

14  comply with such federal laws and regulations or to continue

15  to remain eligible to receive federal funds.

16         Section 34.  Subsection (14) is added to section

17  341.041, Florida Statutes, 1998 Supplement, to read:

18         341.041  Transit responsibilities of the

19  department.--The department shall, within the resources

20  provided pursuant to chapter 216:

21         (14)  Create and maintain a common self-retention

22  insurance fund to support fixed-guideway projects throughout

23  the state when there is a contractual obligation to have the

24  fund in existence in order to provide fixed-guideway services.

25  The maximum limit of the fund is as required by any

26  contractual obligation.

27         Section 35.  Subsections (6) and (8) of section

28  341.302, Florida Statutes, are amended to read:

29         341.302  Rail program, duties and responsibilities of

30  the department.--The department, in conjunction with other

31  governmental units and the private sector, shall develop and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  implement a rail program of statewide application designed to

 2  ensure the proper maintenance, safety, revitalization, and

 3  expansion of the rail system to assure its continued and

 4  increased availability to respond to statewide mobility needs.

 5  Within the resources provided pursuant to chapter 216, and as

 6  authorized under Title 49 C.F.R. part 212, the department

 7  shall:

 8         (6)  Secure and administer federal grants, loans, and

 9  apportionments for rail projects within this state when

10  necessary to further the statewide program.

11         (8)  Conduct, at a minimum, inspections of track and

12  rolling stock, train signals and related equipment, hazardous

13  materials transportation, including the loading, unloading,

14  and labeling of hazardous materials at shippers', receivers',

15  and transfer points, and train operating practices to

16  determine adherence to state and federal standards.

17  Department personnel may enforce any safety regulation issued

18  under the Federal Government's preemptive authority over

19  interstate commerce.

20         Section 36.  Paragraph (a) of subsection (2) and

21  subsections (3), (4), (5), (6), (9), and (10) of section

22  373.4137, Florida Statutes, are amended to read:

23         373.4137  Mitigation requirements.--

24         (2)  Environmental impact inventories for

25  transportation projects proposed by the Department of

26  Transportation shall be developed as follows:

27         (a)  By May 1 of each year Beginning July 1996, the

28  Department of Transportation shall submit annually to the

29  Department of Environmental Protection and the water

30  management districts a copy of its adopted work program and an

31  inventory of habitats addressed in the rules tentatively,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  adopted pursuant to this part and s. 404 of the Clean Water

 2  Act, 33 U.S.C. s. 1344, which may be impacted by its plan of

 3  construction for transportation projects in the next first 3

 4  years of the tentative work program. The Department of

 5  Transportation may also include in its inventory the habitat

 6  impacts of any future transportation project identified in the

 7  tentative work program. For the July 1996 submittal, the

 8  inventory may exclude those projects which have received

 9  permits pursuant to this part and s. 404 of the Clean Water

10  Act, 33 U.S.C. s. 1344, projects for which mitigation planning

11  or design has commenced, or projects for which mitigation has

12  been implemented in anticipation of future permitting needs.

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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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  limited to, design, engineering, production, and staff

 2  support. Actual conceptual plan preparation costs incurred

 3  before 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 July 1,

19  beginning in 1998, the cost per acre shall be adjusted by the

20  percentage change in the average of the Consumer Price Index

21  issued by the United States Department of Labor for the most

22  recent 12-month period ending September 30, compared to the

23  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  modifications, pursuant to this part and s. 404 of the Clean

28  Water Act, 33 U.S.C. s. 1344. The subject, and the following

29  year's transfer of funds shall be adjusted accordingly to

30  reflect the overtransfer or undertransfer of funds from the

31  preceding year. The Department of Transportation Environmental

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Protection is authorized to transfer such funds from the

 2  escrow account to the Department of Environmental Protection

 3  and Ecosystem Management and Restoration Trust Fund to the

 4  water management districts to carry out the mitigation

 5  programs.

 6         (4)  Prior to December 1 of each year 31, 1996, each

 7  water management district, in consultation with the Department

 8  of Environmental Protection, the United States Army Corps of

 9  Engineers, the Department of Transportation, and other

10  appropriate federal, state, and local governments, and other

11  interested parties, including entities operating mitigation

12  banks, shall develop a plan for the primary purpose of

13  complying with the mitigation requirements adopted pursuant to

14  this part and 33 U.S.C. s. 1344.  This plan shall also address

15  significant invasive aquatic and exotic plant problems within

16  wetlands and other surface waters.  In developing such plans,

17  the districts shall utilize sound ecosystem management

18  practices to address significant water resource needs and

19  shall focus on activities of the Department of Environmental

20  Protection and the water management districts, such as surface

21  water improvement and management (SWIM) waterbodies and lands

22  identified for potential acquisition for preservation,

23  restoration, and enhancement, to the extent that such

24  activities comply with the mitigation requirements adopted

25  under this part and 33 U.S.C. s. 1344.  In determining the

26  activities to be included in such plans, the districts shall

27  also consider the purchase of credits from public or private

28  mitigation banks permitted under s. 373.4136 and associated

29  federal authorization under this part and shall include such

30  purchase as a part of the mitigation plan when such purchase

31  would offset the impact of the transportation project, provide

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  equal benefits to the water resources than other mitigation

 2  options being considered, and provide the most cost-effective

 3  mitigation option.  The mitigation plan shall be preliminarily

 4  approved by the water management district governing board and

 5  shall be submitted to the secretary of the Department of

 6  Environmental Protection for review and final approval. The

 7  preliminary approval by the water management district

 8  governing board does not constitute a decision that affects

 9  substantial interests as provided by s. 120.569. At least 30

10  days prior to preliminary approval, the water management

11  district shall provide a copy of the draft mitigation plan to

12  any person who has requested a copy.

13         (a)  For each transportation project with a funding

14  request for the next fiscal year, the mitigation plan must

15  include a brief explanation of why a mitigation bank was or

16  was not chosen as a mitigation option, including an estimation

17  of identifiable costs of the mitigation bank and nonbank

18  options to the extent practicable. If the Department of

19  Environmental Protection and water management districts are

20  unable to identify mitigation that would offset the impacts of

21  a project included in the inventory, either due to the nature

22  of the impact or the amount of funds available, that project

23  shall not be addressed in the mitigation plan and the project

24  shall not be subject to the provisions of this section.

25         (b)  Specific projects may be excluded from the

26  mitigation plan and shall not be subject to this section upon

27  the agreement of the Department of Transportation, the

28  Department of Environmental Protection, and the appropriate

29  water management district that the inclusion of such projects

30  would hamper the efficiency or timeliness of the mitigation

31  planning and permitting process, or the Department of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Environmental Protection and the water management district are

 2  unable to identify mitigation that would offset the impacts of

 3  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 provided 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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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 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         (9)  The recommended mitigation plan shall be annually

16  submitted to the Executive Office of the Governor and the

17  Legislature through the legislative budget request of the

18  Department of Environmental Protection in accordance with

19  chapter 216.  Any funds not directed to implement the

20  mitigation plan should, to the greatest extent possible, be

21  directed to fund aquatic and exotic plant problems within the

22  wetlands and other surface waters.

23         (10)  By December 1, 1997, the Department of

24  Environmental Protection, in consultation with the water

25  management districts, shall submit a report to the Governor,

26  the President of the Senate, and the Speaker of the House of

27  Representatives describing the implementation of this section,

28  including the use of public and private mitigation banks and

29  other types of mitigation approved in the mitigation plan.

30  The report shall also recommend any amendments to this section

31  necessary to improve the process for developing and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  implementing mitigation plans for the Department of

 2  Transportation.  The report shall also include a specific

 3  section on how private and public mitigation banks are

 4  utilized within the mitigation plans.

 5         Section 37.  Subsections (3) and (23) of section

 6  479.01, Florida Statutes, are amended to read:

 7         479.01  Definitions.--As used in this chapter, the

 8  term:

 9         (3)  "Commercial or industrial zone" means a parcel of

10  land an area within 660 feet of the nearest edge of the

11  right-of-way of the interstate or federal-aid primary system

12  designated predominately for commercial or industrial use

13  under both the future land use map of the comprehensive plan

14  and the land use development regulations adopted pursuant to

15  chapter 163. If a parcel is located in an area designated for

16  multiple uses on the future land use map of a comprehensive

17  plan and the land development regulations do not clearly

18  designate that parcel for a specific use, the area will be

19  considered an unzoned commercial or industrial area if it

20  meets the criteria of subsection (23). Where a local

21  governmental entity has not enacted a comprehensive plan by

22  local ordinance but has zoning regulations governing the area,

23  the zoning of an area shall determine whether the area is

24  designated predominately for commercial or industrial uses.

25         (23)  "Unzoned commercial or industrial area" means a

26  parcel of land designated by the an area within 660 feet of

27  the nearest edge of the right-of-way of the interstate or

28  federal-aid primary system where the land use is not covered

29  by a future land use map of the comprehensive plan for

30  multiple uses that include commercial or industrial uses but

31  are not specifically designated for commercial or industrial

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  uses under the land development regulations or zoning

 2  regulation pursuant to subsection (2), in which there are

 3  located three or more separate and distinct conforming

 4  industrial or commercial activities are located.

 5         (a)  These activities must satisfy the following

 6  criteria:

 7         1.  At least one of the commercial or industrial

 8  activities must be located on the same side of the highway and

 9  within 800 feet of the sign location;

10         2.  The commercial or industrial activities must be

11  within 660 feet from the nearest edge of the right-of-way; and

12         3.  The commercial industrial activities must be within

13  1,600 feet of each other.

14

15  Distances specified in this paragraph must be measured from

16  the nearest outer edge of the primary building or primary

17  building complex when the individual units of the complex are

18  connected by covered walkways. uses located within a

19  1,600-foot radius of each other and generally recognized as

20  commercial or industrial by zoning authorities in this state.

21         (b)  Certain activities, including, but not limited to,

22  the following, may not be so recognized as commercial or

23  industrial activities:

24         1.(a)  Signs.

25         2.(b)  Agricultural, forestry, ranching, grazing,

26  farming, and related activities, including, but not limited

27  to, wayside fresh produce stands.

28         3.(c)  Transient or temporary activities.

29         4.(d)  Activities not visible from the main-traveled

30  way.

31         5.(e)  Activities conducted more than 660 feet from the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  nearest edge of the right-of-way.

 2         6.(f)  Activities conducted in a building principally

 3  used as a residence.

 4         7.(g)  Railroad tracks and minor sidings.

 5         8.  Communication towers.

 6         Section 38.  Paragraphs (b) and (c) of subsection (8)

 7  of section 479.07, Florida Statutes, are amended to read:

 8         479.07  Sign permits.--

 9         (8)

10         (b)  If a permittee has not submitted his or her fee

11  payment by the expiration date of the licenses or permits, the

12  department shall send a notice of violation to the permittee

13  within 45 days after the expiration date, requiring the

14  payment of the permit fee within 30 days after the date of the

15  notice and payment of a delinquency fee equal to 10 percent of

16  the original amount due or, in the alternative to these

17  payments, requiring the filing of a request for an

18  administrative hearing to show cause why his or her sign

19  should not be subject to immediate removal due to expiration

20  of his or her license or permit.  If the permittee submits

21  payment as required by the violation notice, his or her

22  license or permit will be automatically reinstated and such

23  reinstatement will be retroactive to the original expiration

24  date. If the permittee does not respond to the notice of

25  violation within the 30-day period, the department shall,

26  within 30 days, issue a final notice of sign removal and may,

27  following 90 days after the date of the department's final

28  notice of sign removal, remove the sign without incurring any

29  liability as a result of such removal. However, if at any time

30  before removal of the sign within 90 days after the date of

31  the department's final notice of sign removal, the permittee

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  demonstrates that a good-faith good faith error on the part of

 2  the permittee resulted in cancellation or nonrenewal of the

 3  permit, the department may reinstate the permit if:

 4         1.  The sign has not yet been disassembled by the

 5  permittee;

 6         2.  Conflicting applications have not been filed by

 7  other persons;

 8         1.3.  The permit reinstatement fee of up to $300 based

 9  on the size of the sign is paid;

10         2.4.  All other permit renewal and delinquent permit

11  fees due as of the reinstatement date are paid; and

12         3.5.  The permittee reimburses the department for all

13  actual costs resulting from the permit cancellation or

14  nonrenewal and sign removal.

15         (c)  Conflicting applications filed by other persons

16  for the same or competing sites covered by a permit subject to

17  paragraph (b) may not be approved until after the sign subject

18  to the expired permit has been removed.

19         (d)(c)  The cost for removing a sign, whether by the

20  department or an independent contractor, shall be assessed by

21  the department against the permittee.

22         Section 39.  Subsection (15) of section 479.16, Florida

23  Statutes, is amended to read:

24         479.16  Signs for which permits are not required.--The

25  following signs are exempt from the requirement that a permit

26  for a sign be obtained under the provisions of this chapter

27  but are required to comply with the provisions of s.

28  479.11(4)-(8):

29         (15)  Signs not in excess of 16 square feet placed at a

30  road junction with the State Highway System denoting only the

31  distance or direction of a residence or farm operation, or, in

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  a rural area where a hardship is created because a small

 2  business is not visible from the road junction with the State

 3  Highway System, one sign not in excess of 16 8 square feet,

 4  denoting only the name of the business and the distance and

 5  direction to the business. The small-business-sign provision

 6  of this subsection does not apply to charter counties and may

 7  not be implemented if the Federal Government notifies the

 8  department that implementation will adversely affect the

 9  allocation of federal funds to the department.

10         Section 40.  Subsection (5) is added to section

11  320.0715, Florida Statutes, to read:

12         320.0715  International Registration Plan; motor

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

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

15  commercial motor vehicle domiciled in a foreign state that

16  enters this state solely for the purpose of bringing a

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

18  purchased commercial vehicle, so long as the commercial motor

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

20         Section 41.  Section 334.035, Florida Statutes, is

21  amended to read:

22         334.035  Purpose of transportation code.--The purpose

23  of the Florida Transportation Code is to establish the

24  responsibilities of the state, the counties, and the

25  municipalities in the planning and development of the

26  transportation systems serving the people of the state and to

27  assure the development of an integrated, balanced statewide

28  transportation system which enhances economic development

29  through promotion of international trade and interstate and

30  intrastate commerce.  This code is necessary for the

31  protection of the public safety and general welfare and for

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  the preservation of all transportation facilities in the

 2  state.  The chapters in the code shall be considered

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

 4  unless expressly limited in scope, shall apply to all

 5  chapters.

 6         Section 42.  Subsection (1) of section 334.0445,

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

 8         334.0445  Model career service classification and

 9  compensation plan.--

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

11  the Department of Transportation in consultation with the

12  Department of Management Services, the Executive Office of the

13  Governor, legislative appropriations committees, legislative

14  personnel committees, and the affected certified bargaining

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

16  implement a model career service classification and

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

18  all state agencies. Authorization for this program will be

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

20  1994, and ending June 30, 1997; however, the department may

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

22  current system at anytime during this period if the model

23  system does not meet the stated goals and objectives.

24         Section 43.  Section 334.046, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section.  See

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

28         334.046  Department mission, goals, and objectives.--

29         (1)  The mission of the Department of Transportation

30  shall be to provide a safe, interconnected statewide

31  transportation system for Florida's citizens and visitors that

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  ensures the mobility of people and freight, while enhancing

 2  economic prosperity and sustaining the quality of our

 3  environment.

 4         (2)  The department shall document in the Florida

 5  Transportation Plan pursuant to s. 339.155 the goals and

 6  objectives which provide statewide policy guidance for

 7  accomplishing the department's mission.

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

 9  the following:

10         (a)  Providing a safe transportation system for

11  residents, visitors, and commerce.

12         (b)  Preservation of the transportation system.

13         (c)  Providing an interconnected transportation system

14  to support Florida's economy.

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

16  communities.

17         Section 44.  Section 334.071, Florida Statutes, is

18  created to read:

19         334.071  Legislative designation of transportation

20  facilities.--

21         (1)  Designation of a transportation facility contained

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

23  purposes or to distinguish a particular facility, and unless

24  specifically provided for, shall not be construed to require

25  any action by a local government or private party regarding

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

27  emergency telephone number system listing.

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

29  construed to require the placement of markers by the

30  department at the termini or intersections specified for each

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

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  department to place other markers as appropriate for the

 2  transportation facility being designated.

 3         Section 45.  Section 337.025, Florida Statutes, is

 4  amended to read:

 5         337.025  Innovative highway projects; department to

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

 7  a program for highway projects demonstrating innovative

 8  techniques of highway construction and finance which have the

 9  intended effect of controlling time and cost increases on

10  construction projects.  Such techniques may include, but are

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

12  safety, and other aspects of highway construction; innovative

13  bidding and financing techniques; accelerated construction

14  procedures; and those techniques that have the potential to

15  reduce project life cycle costs.  To the maximum extent

16  practical, the department must use the existing process to

17  award and administer construction contracts.  When specific

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

19  required to adhere to those provisions of law that would

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

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

22  innovative technique that is inconsistent with another

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

24  need for the exception and identify what benefits the

25  traveling public and the affected community are anticipated to

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

27  million in contracts annually for the purposes authorized by

28  this section.

29         Section 46.  Paragraph (a) of subsection (4) of section

30  339.135, Florida Statutes, is amended to read:

31         339.135  Work program; legislative budget request;

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  definitions; preparation, adoption, execution, and

 2  amendment.--

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

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

 5  penalized for local efforts to improve the State Highway

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

 7  tentative work program, allocate funds for new construction to

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

 9  equal parts of population and motor fuel tax collections.

10  Funds for resurfacing, bridge repair and rehabilitation,

11  bridge fender system construction or repair, public transit

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

13  341.052, and other programs with quantitative needs

14  assessments shall be allocated based on the results of these

15  assessments. The department may not transfer any funds

16  allocated to a district under this paragraph to any other

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

18  public transit block grants shall be allocated to the

19  districts pursuant to s. 341.052.

20         2.  Notwithstanding the provisions of subparagraph 1.,

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

22  discretionary highway capacity funds to the Florida Intrastate

23  Highway System established pursuant to s. 338.001.  Any

24  remaining new discretionary highway capacity funds shall be

25  allocated to the districts for new construction as provided in

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

27  term "new discretionary highway capacity funds" means any

28  funds available to the department above the prior year funding

29  level for  capacity improvements, which the department has the

30  discretion to allocate to highway projects.

31         Section 47.  Subsections (2) through (5) of section

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  341.053, Florida Statutes, are renumbered as subsections (3)

 2  through (6), respectively, and a new subsection (2) is added

 3  to that section to read:

 4         341.053  Intermodal Development Program;

 5  administration; eligible projects; limitations.--

 6         (2)  In recognition of the department's role in the

 7  economic development of this state, the department shall

 8  develop a proposed intermodal development plan to connect

 9  Florida's airports, deepwater seaports, rail systems serving

10  both passenger and freight, and major intermodal connectors to

11  the Florida Intrastate Highway System facilities as the

12  primary system for the movement of people and freight in this

13  state in order to make the intermodal development plan a fully

14  integrated and interconnected system. The intermodal

15  development plan must:

16         (a)  Define and assess the state's freight intermodal

17  network, including airports, seaports, rail lines and

18  terminals, and connecting highways.

19         (b)  Prioritize statewide infrastructure investments,

20  including the acceleration of current projects, which are

21  found by the Freight Stakeholders Task Force to be priority

22  projects for the efficient movement of people and freight.

23         (c)  Be developed in a manner that will assure maximum

24  use of existing facilities and optimum integration and

25  coordination of the various modes of transportation, including

26  both government-owned and privately owned resources, in the

27  most cost-effective manner possible.

28         Section 48.  Section 348.9401, Florida Statutes, is

29  amended to read:

30         348.9401  Short title.--This part shall be known and

31  may be cited as the "St. Lucie County Expressway and Bridge

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Authority Law."

 2         Section 49.  Subsections (2) and (11) of section

 3  348.941, Florida Statutes, are amended to read:

 4         348.941  Definitions.--As used in this part, unless the

 5  context clearly indicates otherwise, the term:

 6         (2)  "Authority" means the St. Lucie County Expressway

 7  and Bridge Authority.

 8         (11)  "St. Lucie County Expressway and Bridge System"

 9  means:

10         (a)  any and all expressways in St. Lucie County and

11  appurtenant facilities thereto, including, but not limited to,

12  all approaches, roads, bridges, and avenues of access for such

13  expressway or expressways; and

14         (b)  The Indian River Lagoon Bridge.

15         Section 50.  The catchline and subsections (1) and (2)

16  of section 348.942, Florida Statutes, are amended to read:

17         348.942  St. Lucie County and Bridge Expressway

18  Authority.--

19         (1)  There is created and established a body politic

20  and corporate, an agency of the state, to be known as the "St.

21  Lucie County Expressway and Bridge Authority," hereinafter

22  referred to as the "authority."

23         (2)  The authority shall have the exclusive right to

24  exercise all those powers herein set forth; and no other

25  entity, body, or authority, whether within or without St.

26  Lucie County, may either directly or indirectly exercise any

27  jurisdiction, control, authority, or power in any manner

28  relating to any expressway and bridge system within St. Lucie

29  County without either the express consent of the authority or

30  as otherwise provided herein.

31         Section 51.  Paragraph (a) of subsection (1) and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  paragraph (g) of subsection (2) of section 348.943, Florida

 2  Statutes, are amended to read:

 3         348.943  Purposes and powers.--

 4         (1)(a)  The authority created and established by the

 5  provisions of this part is granted and shall have the right to

 6  acquire, hold, construct, improve, maintain, operate, own, and

 7  lease the St. Lucie County Expressway and Bridge System,

 8  hereinafter referred to as the "system."

 9         (2)  The authority is granted, and shall have and may

10  exercise, all powers necessary, appurtenant, convenient, or

11  incidental to the carrying out of the aforesaid purposes,

12  including, but not limited to, the following rights and

13  powers:

14         (g)1.  To borrow money as provided by the State Bond

15  Act or, in the alternative, pursuant to the provisions of s.

16  348.944(3), and in either case for any purpose of the

17  authority authorized, including the financing or refinancing

18  of the cost of all or any part of the system.

19         2.  The authority shall reimburse St. Lucie County for

20  any sums expended, together with interest at the highest rate

21  applicable to the bonds of the authority for which the sums

22  were required, from the St. Lucie County gasoline tax funds

23  for payment of the bonds.

24         Section 52.  Section 348.944, Florida Statutes, is

25  amended to read:

26         348.944  Bonds.--

27         (1)  Bonds may be issued on behalf of the authority as

28  provided by the State Bond Act.

29         (2)  As an alternative to subsection (1), the authority

30  may issue its own bonds pursuant to subsection (3) in such

31  principal amounts as, in the opinion of the authority, are

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  necessary to provide sufficient moneys for achieving its

 2  corporate purposes, so long as such bonds do not pledge the

 3  full faith and credit of the state, St. Lucie County, or any

 4  municipality in St. Lucie County.

 5         (3)  The bonds of the authority issued pursuant to this

 6  subsection, whether on original issuance or on refunding,

 7  shall be authorized by resolution of the members thereof and

 8  may be either term or serial bonds, shall bear such date or

 9  dates, mature at such time or times, not exceeding 40 years

10  from their respective dates, bear interest at such rate or

11  rates (not exceeding the maximum lawful rate), fixed or

12  variable, be in such denominations, be in such form, carry

13  such registration, exchangeability, and interchangeability

14  privileges, be payable in such medium of payment and at such

15  place or places, be subject to such terms of redemption, with

16  or without premium, and have such rank and be entitled to such

17  priorities on the revenues, tolls, fees, rentals, or other

18  charges, receipts, or moneys of the authority, including any

19  moneys received pursuant to the terms of any lease-purchase

20  agreement between the authority and the department, as such

21  resolution or any resolution subsequent thereto may provide.

22  The bonds shall be executed either by manual or facsimile

23  signature by such officers as the authority shall determine.

24  The term "bonds" shall include all forms of indebtedness,

25  including notes. The proceeds of any bonds shall be used for

26  such purposes and shall be disbursed in such manner and under

27  such restrictions, if any, as the authority may provide

28  pursuant to resolution. The bonds may also be issued pursuant

29  to an indenture of trust or other agreement with such trustee

30  or fiscal agent as may be selected by the authority. The

31  resolution, indenture of trust, or other agreement may contain

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  such provisions securing the bonds as the authority deems

 2  appropriate. The principal of and the interest on the bonds

 3  shall be payable from such revenues, tolls, fees, rentals, or

 4  other charges, receipts, or moneys as determined by the

 5  authority pursuant to resolution. The authority may grant a

 6  lien upon and pledge such revenues, tolls, fees, rentals, or

 7  other charges, receipts, or moneys in favor of the holders of

 8  each series of bonds in the manner and to the extent provided

 9  by the authority by resolution. Such revenues, tolls, fees,

10  rentals, or other charges, receipts, or moneys shall

11  immediately be subject to such lien without any physical

12  delivery thereof, and such lien shall be valid and binding as

13  against all parties having claims of any kind in tort,

14  contract, or otherwise against the authority.

15         (4)  Bonds issued by or on behalf of the authority

16  shall be sold at public sale in the manner provided by the

17  State Bond Act. However, if the authority shall determine by

18  resolution that a negotiated sale of the bonds is in the best

19  interest of the authority, the authority may negotiate for

20  sale of the bonds with the underwriter or underwriters

21  designated by the division in the case of bonds issued

22  pursuant to subsection (1) or the authority in the case of

23  bonds issued pursuant to subsection (3). The authority shall

24  provide a specific finding by resolution as to the reason

25  requiring the negotiated sale. Pending the preparation of

26  definitive bonds, interim certificates may be issued to the

27  purchaser or purchasers of such bonds and may contain such

28  terms and conditions as the authority may determine.

29         Section 53.  Section 348.9495, Florida Statutes, is

30  created to read:

31         348.9495  Exemption from taxation.--The effectuation of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  the authorized purposes of the authority created under this

 2  part is, shall, and will be in all respects for the benefit of

 3  the people of the state, for the increase of their commerce

 4  and prosperity, and for the improvement of their health and

 5  living conditions, and, since such authority will be

 6  performing essential governmental functions in effectuating

 7  such purposes, such authority shall not be required to pay any

 8  taxes or assessments of any kind or nature whatsoever upon any

 9  property acquired or used by it for such purposes or upon any

10  tolls, fees, rentals, receipts, moneys, or charges at any time

11  received by it, and the bonds issued by the authority, their

12  transfer, and the income therefrom, including any profits made

13  on the sale thereof, shall at all times be free from taxation

14  of any kind by the state or by any political subdivision,

15  taxing agency, or instrumentality thereof. The exemption

16  granted by this section shall not be applicable to any tax

17  imposed by chapter 220 on interest, income, or profits on debt

18  obligations owned by corporations.

19         Section 54.  Paragraph (d) of subsection (1) of section

20  212.055, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         212.055  Discretionary sales surtaxes; legislative

23  intent; authorization and use of proceeds.--It is the

24  legislative intent that any authorization for imposition of a

25  discretionary sales surtax shall be published in the Florida

26  Statutes as a subsection of this section, irrespective of the

27  duration of the levy.  Each enactment shall specify the types

28  of counties authorized to levy; the rate or rates which may be

29  imposed; the maximum length of time the surtax may be imposed,

30  if any; the procedure which must be followed to secure voter

31  approval, if required; the purpose for which the proceeds may

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  be expended; and such other requirements as the Legislature

 2  may provide.  Taxable transactions and administrative

 3  procedures shall be as provided in s. 212.054.

 4         (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--

 5         (d)  Proceeds from the surtax shall be applied to as

 6  many or as few of the uses enumerated below in whatever

 7  combination the county commission deems appropriate:

 8         1.  Deposited by the county in the trust fund and shall

 9  be used only for the purposes of development, construction,

10  equipment, maintenance, operation, supportive services,

11  including a countywide bus system, and related costs of a

12  fixed guideway rapid transit system;

13         2.  Remitted by the governing body of the county to an

14  expressway or transportation authority created by law to be

15  used, at the discretion of such authority, for the

16  development, construction, operation, or maintenance of roads

17  or bridges in the county, for the operation and maintenance of

18  a bus system, or for the payment of principal and interest on

19  existing bonds issued for the construction of such roads or

20  bridges, and, upon approval by the county commission, such

21  proceeds may be pledged for bonds issued to refinance existing

22  bonds or new bonds issued for the construction of such roads

23  or bridges; and or

24         3.  For each county, as defined in s. 125.011(1), used

25  for the development, construction, operation, and or

26  maintenance of roads and bridges in the county; for the

27  expansion, operation, and maintenance of an existing bus and

28  fixed guideway systems system; and or for the payment of

29  principal and interest on existing bonds issued for the

30  construction of fixed guideway rapid transit systems, bus

31  systems, roads, or bridges; and such proceeds may be pledged

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  by the governing body of the county for bonds issued to

 2  refinance existing bonds or new bonds issued for the

 3  construction of such fixed guideway rapid transit systems, bus

 4  systems, roads, or bridges and no more than 25 percent used

 5  for nontransit uses.

 6         Section 55.  Paragraph (f) of subsection (2) of section

 7  348.0004, Florida Statutes, is amended to read:

 8         348.0004  Purposes and powers.--

 9         (2)  Each authority may exercise all powers necessary,

10  appurtenant, convenient, or incidental to the carrying out of

11  its purposes, including, but not limited to, the following

12  rights and powers:

13         (f)  To fix, alter, charge, establish, and collect

14  tolls, rates, fees, rentals, and other charges for the

15  services and facilities system, which tolls, rates, fees,

16  rentals, and other charges must always be sufficient to comply

17  with any covenants made with the holders of any bonds issued

18  pursuant to the Florida Expressway Authority Act. However,

19  such right and power may be assigned or delegated by the

20  authority to the department. Notwithstanding s. 338.165 or any

21  other provision of law to the contrary, in any county as

22  defined in s. 125.011(1), to the extent surplus revenues

23  exist, they may be used for purposes enumerated in subsection

24  (7), provided the expenditures are consistent with the

25  metropolitan planning organization's adopted long-range plan.

26  Notwithstanding any other provision of law to the contrary,

27  but subject to any contractual requirements contained in

28  documents securing any outstanding indebtedness payable from

29  tolls, in any county as defined in s. 125.011(1), the board of

30  county commissioners may, by ordinance, alter or abolish

31  existing tolls and currently approved increases thereto if the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  board provides a local source of funding to the county

 2  expressway system for transportation in an amount sufficient

 3  to replace revenues necessary to meet bond obligations secured

 4  by such tolls and increases.

 5         Section 56.  In addition to the voting membership

 6  established by s. 339.175(2), Florida Statutes, 1998

 7  Supplement, and notwithstanding any other provision of law to

 8  the contrary, the voting membership of any Metropolitan

 9  Planning Organization whose geographical boundaries include

10  any county as defined in s. 125.011(1), Florida Statutes, must

11  include an additional voting member appointed by that city's

12  governing body for each city with a population of 50,000 or

13  more residents.

14         Section 57.  Effective January 1, 2000, section 73.015,

15  Florida Statutes, is created to read:

16         73.015 Presuit negotiation.--

17         (1)  Effective July 1, 2000, before an eminent domain

18  proceeding is brought under this chapter or chapter 74, the

19  condemning authority must attempt to negotiate in good faith

20  with the fee owner of the parcel to be acquired, must provide

21  the fee owner with a written offer and, if requested, a copy

22  of the appraisal upon which the offer is based, and must

23  attempt to reach an agreement regarding the amount of

24  compensation to be paid for the parcel.

25         (a)  At the inception of negotiation for acquisition,

26  the condemning authority must notify the fee owner of the

27  following:

28         1.  That all or a portion of his or her property is

29  necessary for a project.

30         2.  The nature of the project for which the parcel is

31  considered necessary, and the parcel designation of the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  property to be acquired.

 2         3.  That, within 15 business days after receipt of a

 3  request by the fee owner, the condemning authority will

 4  provide a copy of the appraisal report upon which the offer to

 5  the fee owner is based; copies, to the extent prepared, of the

 6  right-of-way maps or other documents that depict the proposed

 7  taking; and copies, to the extent prepared, of the

 8  construction plans that depict project improvements to be

 9  constructed on the property taken and improvements to be

10  constructed adjacent to the remaining property, including, but

11  not limited to, plan, profile, cross-section, drainage, and

12  pavement marking sheets, and driveway connection detail.  The

13  condemning authority shall provide any additional plan sheets

14  within 15 days of request.

15         4.  The fee owner's statutory rights under ss. 73.091

16  and 73.092.

17         5.  The fee owner's rights and responsibilities under

18  paragraphs (b) and (c) and subsection (4).

19         (b)  The condemning authority must provide a written

20  offer of compensation to the fee owner as to the value of the

21  property sought to be appropriated and, where less than the

22  entire property is sought to be appropriated, any damages to

23  the remainder caused by the taking. The owner must be given at

24  least 30 days after either receipt of the notice or the date

25  the notice is returned as undeliverable by the postal

26  authorities to respond to the offer, before the condemning

27  authority files a condemnation proceeding for the parcel

28  identified in the offer.

29         (c)  The notice and written offer must be sent by

30  certified mail, return receipt requested, to the fee owner's

31  last known address listed on the county ad valorem tax roll.

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  Alternatively, the notice and written offer may be personally

 2  delivered to the fee owner of the property. If there is more

 3  than one owner of a property, notice to one owner constitutes

 4  notice to all owners of the property. The return of the notice

 5  as undeliverable by the postal authorities constitutes

 6  compliance with this provision. The condemning authority is

 7  not required to give notice or a written offer to a person who

 8  acquires title to the property after the notice required by

 9  this section has been given.

10         (d)  Notwithstanding this subsection, with respect to

11  lands acquired under s. 259.041, the condemning authority is

12  not required to give the fee owner the current appraisal

13  before executing an option contract.

14         (2)  Effective July 1, 2000, before an eminent domain

15  proceeding is brought under this chapter or chapter 74 by the

16  Department of Transportation or by a county, municipality,

17  board, district, or other public body for the condemnation of

18  right-of-way, the condemning authority must make a good-faith

19  effort to notify the business owners, including lessees, who

20  operate a business located on the property to be acquired.

21         (a)  The condemning authority must notify the business

22  owner of the following:

23         1.  That all or a portion of his or her property is

24  necessary for a project.

25         2.  The nature of the project for which the parcel is

26  considered necessary, and the parcel designation of the

27  property to be acquired.

28         3.  That, within 15 business days after receipt of a

29  request by the business owner, the condemning authority will

30  provide a copy of the appraisal report upon which the offer to

31  the fee owner is based; copies, to the extent prepared, of the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  right-of-way maps or other documents that depict the proposed

 2  taking; and copies, to the extent prepared, of the

 3  construction plans that depict project improvements to be

 4  constructed on the property taken and improvements to be

 5  constructed adjacent to the remaining property, including, but

 6  not limited to, plan, profile, cross-section, drainage,

 7  pavement marking sheets, and driveway connection detail.  The

 8  condemning authority shall provide any additional plan sheets

 9  within 15 days of request.

10         4.  The business owner's statutory rights under ss.

11  73.071, 73.091, and 73.092.

12         5.  The business owner's rights and responsibilities

13  under paragraphs (b) and (c) and subsection (4).

14         (b)  The notice must be made subsequent to or

15  concurrent with the condemning authority's making the written

16  offer of compensation to the fee owner pursuant to subsection

17  (1).  The notice must be sent by certified mail, return

18  receipt requested, to the address of the registered agent for

19  the business located on the property to be acquired, or if no

20  agent is registered, by certified mail or personal delivery to

21  the address of the business located on the property to be

22  acquired.  Notice to one owner of a multiple ownership

23  business constitutes notice to all business owners of that

24  business.  The return of the notice as undeliverable by the

25  postal authorities constitutes compliance with these

26  provisions.  The condemning authority is not required to give

27  notice to a person who acquires an interest in the business

28  after the notice required by this section has been given.

29  Once notice has been made to business owners under this

30  subsection, the condemning authority may file a condemnation

31  proceeding pursuant to chapter 73 or chapter 74 for the

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  property identified in the notice.

 2         (c)  If the business qualifies for business damages

 3  pursuant to s. 73.071(3)(b) and the business intends to claim

 4  business damages, the business owner must, within 180 days

 5  after either receipt of the notice or the date the notice is

 6  returned as undeliverable by the postal authorities, or at a

 7  later time mutually agreed to by the condemning authority and

 8  the business owner, submit to the condemning authority a

 9  good-faith written offer to settle any claims of business

10  damage.  The written offer must be sent to the condemning

11  authority by certified mail, return receipt requested.  Absent

12  a showing of a good-faith justification for the failure to

13  submit a business-damage offer within 180 days, the court must

14  strike the business owner's claim for business damages in any

15  condemnation proceeding.  If the court finds that the business

16  owner has made a showing of a good-faith justification for the

17  failure to timely submit a business damage offer, the court

18  shall grant the business owner up to 180 days within which to

19  submit a business-damage offer, which the condemning authority

20  must respond to within 120 days.

21         1.  The business-damage offer must include an

22  explanation of the nature, extent, and monetary amount of such

23  damage and must be prepared by the owner, a certified public

24  accountant, or a business damage expert familiar with the

25  nature of the operations of the owner's business.  The

26  business owner shall also provide to the condemning authority

27  copies of the owner's business records that substantiate the

28  good-faith offer to settle the business damage claim.  If

29  additional information is needed beyond data that may be

30  obtained from business records existing at the time of the

31  offer, the business owner and condemning authority may agree

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  on a schedule for the submission of such information.

 2         2.  As used in this paragraph, the term "business

 3  records" includes, but is not limited to, copies of federal

 4  income tax returns, federal income tax withholding statements,

 5  federal miscellaneous income tax statements, state sales tax

 6  returns, balance sheets, profit and loss statements, and state

 7  corporate income tax returns for the 5 years preceding

 8  notification which are attributable to the business operation

 9  on the property to be acquired, and other records relied upon

10  by the business owner that substantiate the business-damage

11  claim.

12         (d)  Within 120 days after receipt of the good-faith

13  business-damage offer and accompanying business records, the

14  condemning authority must, by certified mail, accept or reject

15  the business owner's offer or make a counteroffer.  Failure of

16  the condemning authority to respond to the business damage

17  offer, or rejection thereof pursuant to this section, must be

18  deemed to be a counteroffer of zero dollars for purposes of

19  subsequent application of s. 73.092(1).

20         (3)  At any time in the presuit negotiation process,

21  the parties may agree to submit the compensation or

22  business-damage claims to nonbinding mediation. The parties

23  shall agree upon a mediator certified under s. 44.102.  In the

24  event that there is a settlement reached as a result of

25  mediation or other mutually acceptable dispute resolution

26  procedure, the agreement reached shall be in writing.  The

27  written agreement provided for in this section shall

28  incorporate by reference the right-of-way maps, construction

29  plans, or other documents related to the taking upon which the

30  settlement is based.  In the event of a settlement, both

31  parties shall have the same legal rights that would have been

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  available under law if the matter had been resolved through

 2  eminent domain proceedings in circuit court with the maps,

 3  plans, or other documents having been made a part of the

 4  record.

 5         (4)  If a settlement is reached between the condemning

 6  authority and a property or business owner prior to a lawsuit

 7  being filed, the property or business owner who settles

 8  compensation claims in lieu of condemnation shall be entitled

 9  to recover costs in the same manner as provided in s. 73.091

10  and attorney's fees in the same manner as provided in s.

11  73.092, more specifically as follows:

12         (a)  Attorney's fees for presuit negotiations under

13  this section regarding the amount of compensation to be paid

14  for the land, severance damages, and improvements must be

15  calculated in the same manner as provided in s. 73.092(1)

16  unless the parties otherwise agree.

17         (b)  If business damages are recovered by the business

18  owner based on the condemning authority accepting the business

19  owner's initial offer or the business owner accepting the

20  condemning authority's initial counteroffer, attorney's fees

21  must be calculated in accordance with s. 73.092(2), (3), (4),

22  and (5) for the attorney's time incurred in presentation of

23  the business owner's good-faith offer under paragraph (2)(c).

24  Otherwise, attorney's fees for the award of business damages

25  must be calculated as provided in s. 73.092(1), based on the

26  difference between the final judgment or settlement of

27  business damages and the counteroffer to the business owner's

28  offer by the condemning authority.

29         (c)  Presuit costs must be presented, calculated, and

30  awarded in the same manner as provided in s. 73.091, after

31  submission by the business or property owner to the condemning

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  authority of all appraisal reports, business damage reports,

 2  or other work-products for which recovery is sought, and upon

 3  transfer of title of the real property by closing, upon

 4  payment of any amounts due for business damages, or upon final

 5  judgment.

 6         (d)  If the parties cannot agree on the amount of costs

 7  and attorney's fees to be paid by the condemning authority,

 8  the business or property owner may file a complaint in the

 9  circuit court in the county in which the property is located

10  to recover attorney's fees and costs.

11

12  This shall only apply when the action is by the Department of

13  Transportation, county, municipality, board, district, or

14  other public body for the condemnation of a road right-of-way.

15         (5)  Evidence of negotiations or of any written or oral

16  statements used in mediation or negotiations between the

17  parties under this section is inadmissible in any condemnation

18  proceeding, except in a proceeding to determine reasonable

19  costs and attorney's fees.

20         Section 58.  Effective January 1, 2000, subsection (3)

21  of section 73.071, Florida Statutes, is amended to read:

22         73.071  Jury trial; compensation; severance damages;

23  business damages.--

24         (3)  The jury shall determine solely the amount of

25  compensation to be paid, which compensation shall include:

26         (a)  The value of the property sought to be

27  appropriated;

28         (b)  Where less than the entire property is sought to

29  be appropriated, any damages to the remainder caused by the

30  taking, including, when the action is by the Department of

31  Transportation, county, municipality, board, district or other

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  public body for the condemnation of a right-of-way, and the

 2  effect of the taking of the property involved may damage or

 3  destroy an established business of more than 4 5 years'

 4  standing, owned by the party whose lands are being so taken,

 5  located upon adjoining lands owned or held by such party, the

 6  probable damages to such business which the denial of the use

 7  of the property so taken may reasonably cause; any person

 8  claiming the right to recover such special damages shall set

 9  forth in his or her written defenses the nature and extent of

10  such damages; and

11         (c)  Where the appropriation is of property upon which

12  a mobile home, other than a travel trailer as defined in s.

13  320.01, is located, whether or not the owner of the mobile

14  home is an owner or lessee of the property involved, and the

15  effect of the taking of the property involved requires the

16  relocation of such mobile home, the reasonable removal or

17  relocation expenses incurred by such mobile home owner, not to

18  exceed the replacement value of such mobile home.  The

19  compensation paid to a mobile home owner under this paragraph

20  shall preclude an award to a mobile home park owner for such

21  expenses of removal or relocation.  Any mobile home owner

22  claiming the right to such removal or relocation expenses

23  shall set forth in his or her written defenses the nature and

24  extent of such expenses.  This paragraph shall not apply to

25  any governmental authority exercising its power of eminent

26  domain when reasonable removal or relocation expenses must be

27  paid to mobile home owners under other provisions of law or

28  agency rule applicable to such exercise of power.

29         Section 59.  Effective January 1, 2000, the amendments

30  to subsection (3) of section 73.071, Florida Statutes, as

31  contained in this act shall stand repealed effective January

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  1, 2003.

 2         Section 60.  Effective January 1, 2000, subsection (1)

 3  of section 73.091, Florida Statutes, is amended to read:

 4         73.091  Costs of the proceedings.--

 5         (1)  The petitioner shall pay attorney's fees as

 6  provided in s. 73.092 as well as all reasonable costs incurred

 7  in the defense of the proceedings in the circuit court,

 8  including, but not limited to, reasonable appraisal fees and,

 9  when business damages are compensable, a reasonable

10  accountant's fee, to be assessed by that court. No prejudgment

11  interest shall be paid on costs or attorney's fees.

12         Section 61.  Effective January 1, 2000, subsection (1)

13  of section 73.092, Florida Statutes, is amended to read:

14         73.092  Attorney's fees.--

15         (1)  Except as otherwise provided in this section and

16  s. 73.015, the court, in eminent domain proceedings, shall

17  award attorney's fees based solely on the benefits achieved

18  for the client.

19         (a)  As used in this section, the term "benefits" means

20  the difference, exclusive of interest, between the final

21  judgment or settlement and the last written offer made by the

22  condemning authority before the defendant hires an attorney.

23  If no written offer is made by the condemning authority before

24  the defendant hires an attorney, benefits must be measured

25  from the first written offer after the attorney is hired.

26         1.  In determining attorney's fees, if business records

27  as defined in s. 73.015(2)(c)2. and kept by the owner in the

28  ordinary course of business were provided to the condemning

29  authority to substantiate the business damage offer in s.

30  73.015(2)(c), benefits for amounts awarded for business

31  damages must be based on the difference between the final

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  judgment or settlement and the written counteroffer made by

 2  the condemning authority provided in s. 73.015(2)(d).

 3         2.  In determining attorney's fees, if existing

 4  business records as defined in s. 73.015(2)(c)2. and kept by

 5  the owner in the ordinary course of business were not provided

 6  to the condemning authority to substantiate the business

 7  damage offer in s. 73.015(2)(c) and those records which were

 8  not provided are later deemed material to the determination of

 9  business damages, benefits for amounts awarded for business

10  damages must be based upon the difference between the final

11  judgment or settlement and the first written counteroffer made

12  by the condemning authority within 90 days from the condemning

13  authority's receipt of the business records previously not

14  provided.

15         1.  In determining attorney's fees in prelitigation

16  negotiations, benefits do not include amounts awarded for

17  business damages unless the business owner provided to the

18  condemning authority, upon written request, prior to

19  litigation, those financial and business records kept by the

20  owner in the ordinary course of business.

21         2.  In determining attorney's fees subsequent to the

22  filing of litigation, if financial and business records kept

23  by the owner in the ordinary course of business were not

24  provided to the condemning authority prior to litigation,

25  benefits for amounts awarded for business damages must be

26  based on the first written offer made by the condemning

27  authority within 120 days after the filing of the eminent

28  domain action. In the event the petitioner makes a discovery

29  request for a defendant's financial and business records kept

30  in the ordinary course of business within 45 days after the

31  filing of that defendant's answer, then the 120-day period

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  shall be extended to 60 days after receipt by petitioner of

 2  those records. If the condemning authority makes no written

 3  offer to the defendant for business damages within the time

 4  period provided in this section, benefits for amounts awarded

 5  for business damages must be based on the difference between

 6  the final judgment or settlement and the last written offer

 7  made by the condemning authority before the defendant hired an

 8  attorney.

 9         (b)  The court may also consider nonmonetary benefits

10  obtained for the client through the efforts of the attorney,

11  to the extent such nonmonetary benefits are specifically

12  identified by the court and can, within a reasonable degree of

13  certainty, be quantified.

14         (c)  Attorney's fees based on benefits achieved shall

15  be awarded in accordance with the following schedule:

16         1.  Thirty-three percent of any benefit up to $250,000;

17  plus

18         2.  Twenty-five percent of any portion of the benefit

19  between $250,000 and $1 million; plus

20         3.  Twenty percent of any portion of the benefit

21  exceeding $1 million.

22         Section 62.  Effective January 1, 2000, subsection (1)

23  of section 127.01, Florida Statutes, is amended to read:

24         127.01  Counties delegated power of eminent domain;

25  recreational purposes, issue of necessity of taking.--

26         (1)(a)  Each county of the state is delegated authority

27  to exercise the right and power of eminent domain; that is,

28  the right to appropriate property, except state or federal,

29  for any county purpose.  The absolute fee simple title to all

30  property so taken and acquired shall vest in such county

31  unless the county seeks to condemn a particular right or

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  estate in such property.

 2         (b)  Each county is further authorized to exercise the

 3  eminent domain power powers granted to the Department of

 4  Transportation by s. 337.27(1) and (2), the transportation

 5  corridor protection provisions of s. 337.273, and the right of

 6  entry onto property pursuant to s. 337.274.

 7         Section 63.  Effective January 1, 2000, subsection (2)

 8  of section 166.401, Florida Statutes, is amended to read:

 9         166.401  Right of eminent domain.--

10         (2)  Each municipality is further authorized to

11  exercise the eminent domain power powers granted to the

12  Department of Transportation in s. 337.27(1) and (2) and the

13  transportation corridor protection provisions of s. 337.273.

14         Section 64.  Effective January 1, 2000, subsection (2)

15  of section 337.27, section 337.271, subsection (2) of section

16  348.0008, subsection (2) of section 348.759, and subsection

17  (2) of section 348.957, Florida Statutes, are repealed.

18         Section 65.  Subsections (3), (4), (5), and (6) are

19  added to section 479.15, Florida Statutes, to read:

20         479.15  Harmony of regulations.--

21         (3)  It is the express intent of the Legislature to

22  limit the state right-of-way acquisition costs on state and

23  federal roads in eminent domain proceedings, the provisions of

24  ss. 479.07 and 479.155 notwithstanding. Subject to approval by

25  the Federal Highway Administration, whenever public

26  acquisition of land upon which is situated a lawful

27  nonconforming sign occurs, as provided in this chapter, the

28  sign may, at the election of its owner and the department, be

29  relocated or reconstructed adjacent to the new right-of-way

30  along the roadway within 100 feet of the current location,

31  provided the nonconforming sign is not relocated on a parcel

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  zoned residential, and provided further that such relocation

 2  shall be subject to applicable setback requirements. The sign

 3  owner shall pay all costs associated with relocating or

 4  reconstructing any sign under this subsection, and neither the

 5  state nor any local government shall reimburse the sign owner

 6  for such costs, unless part of such relocation costs are

 7  required by federal law.  If no adjacent property is available

 8  for the relocation, the department shall be responsible for

 9  paying the owner of the sign just compensation for its

10  removal.

11         (4)  Such relocation shall be adjacent to the current

12  site and the face of the sign shall not be increased in size

13  or height or structurally modified at the point of relocation

14  in a manner inconsistent with the current building codes of

15  the jurisdiction in which the sign is located.

16         (5)  In the event that relocation can be accomplished

17  but is inconsistent with the ordinances of the municipality or

18  county within whose jurisdiction the sign is located, the

19  ordinances of the local government shall prevail, provided

20  that the local government shall assume the responsibility to

21  provide the owner of the sign just compensation for its

22  removal, but in no event shall compensation paid by the local

23  government exceed the compensation required under state or

24  federal law. Further, the provisions of this section shall not

25  impair any agreement or future agreements between a

26  municipality or county and the owner of a sign or signs within

27  the jurisdiction of the municipality or county. Nothing in

28  this section shall be deemed to cause a nonconforming sign to

29  become conforming solely as a result of the relocation allowed

30  in this section.

31         (6)  The provisions of subsections (3), (4), and (5) of

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1  this section shall not apply within the jurisdiction of any

 2  municipality which is engaged in any litigation concerning its

 3  sign ordinance on April 23, 1999, nor shall such provisions

 4  apply to any municipality whose boundaries are identical to

 5  the county within which said municipality is located.

 6

 7  (Redesignate subsequent sections.)

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 51, line 3, after the semicolon

13

14  insert:

15         amending 20.23, F.S.; expanding the role of the

16         transportation commission; providing loan

17         guarantees for certain businesses; amending s.

18         206.46, F.S.; increasing the amount that may be

19         transferred into the Right-of-Way Acquisition

20         and Bridge Construction Trust Fund; requiring

21         DOT & DCA to jointly review and submit

22         legislation implementing the recommendations of

23         the Transportation and Land Use Committee;

24         creating s. 215.615, F.S.; authorizing the

25         department and local governments to enter into

26         an interlocal agreement to provide financing

27         for fixed guideway projects; amending s.

28         316.003, F.S.; revising the definition of a

29         motorized bicycle; amending ss. 320.08,

30         320.083, 320.08035, F.S.; deleting references

31         to motorized bicycles; creating s. 316.0815,

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         F.S.; providing the duty to yield to public

 2         transit vehicles reentering the flow of

 3         traffic; amending s. 316.1895, F.S.;

 4         authorizing local governments to request the

 5         Department of Transportation to install and

 6         maintain speed zones for federally funded

 7         Headstart programs located on roads maintained

 8         by the department; amending s. 316.302, F.S.;

 9         updating references to the current federal

10         safety regulations; amending s. 316.3025, F.S.;

11         updating references to the current federal

12         safety regulations; amending s. 316.545, F.S.;

13         providing a maximum penalty for operating a

14         commercial motor vehicle when the registration

15         or license plate has not been expired for more

16         than 180 days; amending s. 320.20, F.S.,

17         relating to the disposition of motor vehicle

18         license tax moneys; providing for an audit of

19         the ports; amending s. 335.0415, F.S.;

20         clarifying the jurisdiction and responsibility

21         for operation and maintenance of roads;

22         amending s. 335.093, F.S.; authorizing the

23         department to designate public roads as scenic

24         highways; amending s. 337.11, F.S.; authorizing

25         the department to enter into contracts for

26         construction or maintenance of roadway and

27         bridge elements without competitive bidding

28         under certain circumstances; deleting the

29         provision for the owner-controlled insurance

30         plan; amending s. 337.16, F.S.; eliminating

31         intermediate delinquency as grounds for

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         suspension or revocation of a contractor's

 2         certificate of qualification to bid on

 3         construction contracts in excess of a specified

 4         amount; amending s. 337.162, F.S.; providing

 5         that department appraisers are not obligated to

 6         report violations of state professional

 7         licensing laws to the Department of Business

 8         and Professional Regulation; amending s.

 9         337.18, F.S.; deleting the schedule of contract

10         amount categories utilized to calculate

11         liquidated damages to be paid by a contractor;

12         allowing the department to adjust the

13         categories; requiring that surety bonds posted

14         by successful bidders on department

15         construction contracts be payable to the

16         department; amending s. 337.185, F.S.; raising

17         the limit for binding arbitration contract

18         disputes; authorizing the secretary of the

19         department to select an alternate or substitute

20         to serve as the department member of the board

21         for any hearing; amending the fee schedule for

22         arbitration to cover the cost of administration

23         and compensation of the board; authorizing the

24         department to acquire and negotiate for the

25         sale of replacement housing; amending s.

26         337.25, F.S.; authorizing the department to

27         purchase options to purchase land for

28         transportation facilities; amending s. 337.251,

29         F.S.; authorizing a fixed guideway

30         transportation system operating within the

31         department's right-of-way to operate at any

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         safe speed; amending s. 337.403, F.S.;

 2         authorizing the department to contract directly

 3         with utility companies for clearing and

 4         grubbing; amending s. 373.414, F.S.; requiring

 5         OPPAGA to conduct a study regarding wetland

 6         mitigation; amending s. 338.223, F.S.; defining

 7         the terms "hardship purchase" and "protective

 8         purchase"; amending s. 338.229, F.S.;

 9         restricting the sale, transfer, lease, or other

10         disposition of operations on any portion of the

11         turnpike system; amending s. 339.2816, F.S.;

12         providing for the small county road assistance

13         program; amending 339.08, F.S.; conforming to

14         bill; amending s. 338.251, F.S.; providing that

15         funds repaid by the Tampa-Hillsborough County

16         Expressway Authority to the Toll Facilities

17         Revolving Trust Fund are to be loaned back to

18         the authority for specified purposes; amending

19         s. 339.155, F.S.; providing planning factors;

20         clarifying the roles of the long-range and

21         short-range components of the Florida

22         Transportation Plan; amending s. 339.175, F.S.;

23         providing planning factors; requiring a

24         recommendation for redesignation; clarifying

25         geographic boundaries of metropolitan planning

26         organizations; providing that metropolitan

27         planning organization plans must provide for

28         the development and operation of intermodal

29         transportation systems and facilities;

30         providing for reapportionment amending s.

31         341.041, F.S.; authorizing the creation and

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         maintenance of a common self-retention

 2         insurance fund to support public transit

 3         projects; amending s. 341.302, F.S.; relating

 4         to DOT rail program; amending s. 373.4137,

 5         F.S.; providing for the mitigation of impacts

 6         to wetlands and other sensitive habitats;

 7         amending s. 479.01, F.S.; defining the terms

 8         "commercial or industrial zone" and "unzoned

 9         commercial or industrial area"; providing that

10         communication towers are not commercial or

11         industrial activities; amending s. 479.07,

12         F.S.; modifying the process for reinstatement

13         of an outdoor advertising sign permit; amending

14         s. 479.16, F.S.; clarifying that certain signs

15         not in excess of 16 square feet are exempt from

16         the permitting process; amending s. 320.0715,

17         F.S.; providing an exemption from the

18         International Registration Plan; amending s.

19         334.035, F.S.; revising language with respect

20         to the purpose of the Florida Transportation

21         Code; amending s. 334.0445, F.S.; extending the

22         current authorization for the department's

23         model classification plan; amending s. 334.046,

24         F.S.; revising Department of Transportation

25         program objectives; creating s. 334.071, F.S.;

26         providing for the legislative designation of

27         transportation facilities; amending s. 337.025,

28         F.S.; increasing the funds DOT may spend on

29         innovative projects; amending s. 339.135, F.S.;

30         providing for allocation of certain new highway

31         funds; amending s. 341.053, F.S.; providing for

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         development of an intermodal development plan;

 2         amending ss. 348.9401, 348.941, 348.942, and

 3         348.943, F.S.; renaming the St. Lucie County

 4         Expressway Authority as the St. Lucie County

 5         Expressway and Bridge Authority and including

 6         the Indian River Lagoon Bridge as part of the

 7         expressway and bridge system; revising power of

 8         the authority to borrow money to conform to new

 9         provisions authorizing the issuance of certain

10         bonds; amending s. 348.944, F.S.; authorizing

11         the authority to issue its own bonds and

12         providing requirements therefor; creating s.

13         348.9495, F.S.; providing exemption from

14         taxation; amending s. 212.055, F.S.; providing

15         flexibility in the charter county transit

16         system surtax; amending s. 348.0004, F.S.;

17         authorizing specified counties to abolish tolls

18         if an  offsetting source of local revenue is

19         secured; authorizing MPO reapportionment for

20         specified counties; amending s. 73.015, F.S.;

21         requiring presuit negotiation before an action

22         in eminent domain may be initiated under ch. 73

23         or ch. 74, F.S.; providing requirements for the

24         condemning authority; requiring the condemning

25         authority to give specified notices; requiring

26         a written offer of purchase and appraisal and

27         specifying the time period during which the

28         owner may respond to the offer before a

29         condemnation lawsuit may be filed; providing

30         procedures; allowing a business owner to claim

31         business damage within a specified time period;

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         providing circumstances under which the court

 2         must strike a business-damage defense;

 3         providing procedures for business-damage

 4         claims; providing for nonbinding mediation;

 5         requiring the condemning authority to pay

 6         reasonable costs and attorney's fees of a

 7         property owner; allowing the property owner to

 8         file a complaint in circuit court to recover

 9         attorney's fees and costs, if the parties

10         cannot agree on the amount; providing that

11         certain evidence is inadmissible in specified

12         proceedings; amending s. 73.071, F.S.;

13         modifying eligibility requirements for business

14         owners to claim business damages; providing for

15         future repeal; amending s. 73.091, F.S.;

16         providing that no prejudgment interest shall be

17         paid on costs or attorney's fees in eminent

18         domain; amending s. 73.092, F.S.; revising

19         provisions relating to attorney's fees for

20         business-damage claims; amending ss. 127.01 and

21         166.401, F.S.; restricting the exercise by

22         counties and municipalities of specified

23         eminent domain powers granted to the Department

24         of Transportation; repealing ss. 337.27(2),

25         337.271, 348.0008(2), 348.759(2), 348.957(2),

26         F.S., relating to limiting the acquisition cost

27         of lands and property acquired through eminent

28         domain proceedings by the Department of

29         Transportation, the Orlando-Orange County

30         Expressway Authority, or the Seminole County

31         Expressway Authority, or under the Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 591, 2nd Eng.

    Amendment No.    





 1         Expressway Authority Act, and relating to the

 2         notice that the Department of Transportation

 3         must give to a fee owner at the inception of

 4         negotiations to acquire land; amending s.

 5         479.15, F.S.; prescribing duties and

 6         responsibilities of the Department of

 7         Transportation and local governments with

 8         respect to relocation of certain signs pursuant

 9         to acquisition of land; providing for

10         application;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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