CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) K. Smith offered the following:
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13 Amendment (with title amendment)
14 On page 2, line 8,
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16 insert:
17 Section 1. Paragraph (b) of subsection (2) and
18 paragraphs (a), (d), and (m) of subsection (3) of section
19 20.23, Florida Statutes, 1998 Supplement, are amended to read:
20 20.23 Department of Transportation.--There is created
21 a Department of Transportation which shall be a decentralized
22 agency.
23 (2)
24 (b) The commission shall have the primary functions
25 to:
26 1. Recommend major transportation policies for the
27 Governor's approval, and assure that approved policies and any
28 revisions thereto are properly executed.
29 2. Periodically review the status of the state
30 transportation system including highway, transit, rail,
31 seaport, intermodal development, and aviation components of
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 the system and recommend improvements therein to the Governor
2 and the Legislature.
3 3. Perform an in-depth evaluation of the annual
4 department budget request, the Florida Transportation Plan,
5 and the tentative work program for compliance with all
6 applicable laws and established departmental policies. Except
7 as specifically provided in s. 339.135(4)(c)2., (d), and (f),
8 the commission may not consider individual construction
9 projects, but shall consider methods of accomplishing the
10 goals of the department in the most effective, efficient, and
11 businesslike manner.
12 4. Monitor the financial status of the department on a
13 regular basis to assure that the department is managing
14 revenue and bond proceeds responsibly and in accordance with
15 law and established policy.
16 5. Monitor on at least a quarterly basis, the
17 efficiency, productivity, and management of the department,
18 using performance and production standards developed by the
19 commission pursuant to s. 334.045.
20 6. Perform an in-depth evaluation of the factors
21 causing disruption of project schedules in the adopted work
22 program and recommend to the Legislature and the Governor
23 methods to eliminate or reduce the disruptive effects of these
24 factors.
25 (3)(a) The central office shall establish departmental
26 policies, rules, procedures, and standards and shall monitor
27 the implementation of such policies, rules, procedures, and
28 standards in order to ensure uniform compliance and quality
29 performance by the districts and central office units that
30 implement transportation programs. The central office
31 monitoring function shall be based on a plan that clearly
2
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 specifies what areas will be monitored, activities and
2 criteria used to measure compliance, and a feedback process
3 that assures monitoring findings are reported and deficiencies
4 corrected. The secretary is responsible for ensuring that a
5 the central office monitoring function is implemented by
6 October 1, 1990, and that it functions properly thereafter.
7 In conjunction with its monitoring function, the central
8 office shall provide such training and administrative support
9 to the districts as the department determines to be necessary
10 to ensure that the department's programs are carried out in
11 the most efficient and effective manner.
12 (d)1. Policy, program, or operations offices shall be
13 established within the central office for the purposes of:
14 a. Developing policy and procedures and monitoring
15 performance to ensure compliance with these policies and
16 procedures;
17 b. Performing statewide activities which it is more
18 cost-effective to perform in a central location;
19 c. Assessing and ensuring the accuracy of information
20 within the department's financial management information
21 systems; and
22 d. Performing other activities of a statewide nature.
23 2. The following offices are established and shall be
24 headed by a manager, each of whom shall be appointed by and
25 serve at the pleasure of the secretary. The positions shall be
26 classified at a level equal to a division director:
27 a. The Office of Administration;
28 b. The Office of Policy Planning;
29 c. The Office of Design;
30 d. The Office of Highway Operations Office of
31 Construction;
3
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 e. The Office of Right-of-Way;
2 f. The Office of Toll Operations; and
3 g. The Office of Information Systems.
4 3. Other offices may be established in accordance with
5 s. 20.04(7)(6). The heads of such offices are exempt from part
6 II of chapter 110. No office or organization shall be created
7 at a level equal to or higher than a division without specific
8 legislative authority.
9 (m) The secretary shall appoint a state public
10 transportation administrator who shall report to the Assistant
11 Secretary for Transportation Policy. The state public
12 transportation administrator's responsibilities shall include,
13 but are not limited to, the administration of statewide
14 transit, rail, seaport, intermodal development, and aviation
15 programs. This position shall be classified at a level equal
16 to a deputy assistant secretary. The department shall also
17 assign to the public transportation administrator an
18 organizational unit the primary function of which is to
19 administer the seaport high-speed rail program.
20 Section 2. Subsections (2) and (3) of section 206.46,
21 Florida Statutes, are amended to read:
22 206.46 State Transportation Trust Fund.--
23 (2) Notwithstanding any other provisions of law, from
24 the revenues deposited into the State Transportation Trust
25 Fund a maximum of 7 6 percent in each fiscal year shall be
26 transferred into the Right-of-Way Acquisition and Bridge
27 Construction Trust Fund created in s. 215.605, as needed to
28 meet the requirements of the documents authorizing the bonds
29 issued or proposed to be issued under ss. 215.605 and 337.276
30 or at a minimum amount sufficient to pay for the debt service
31 coverage requirements of outstanding bonds. Notwithstanding
4
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 the 7 6 percent annual transfer authorized in this subsection,
2 the annual amount transferred under this subsection shall not
3 exceed an amount necessary to provide the required debt
4 service coverage levels for a maximum debt service of not to
5 exceed $135 $115 million. Such transfer shall be payable
6 primarily from the motor and diesel fuel taxes transferred to
7 the State Transportation Trust Fund from the Fuel Tax
8 Collection Trust Fund.
9 (3) Through fiscal year 1999-2000, a minimum of 14.3
10 percent of all state revenues deposited into the State
11 Transportation Trust Fund shall be committed annually by the
12 department for public transportation projects in accordance
13 with chapter 311, ss. 332.003-332.007, and chapter 341, and
14 chapter 343. Beginning in fiscal year 2000-2001, and each year
15 thereafter, a minimum of 15 percent of all state revenues
16 deposited into the State Transportation Trust Fund shall be
17 committed annually by the department for public transportation
18 projects in accordance with chapter 311, ss. 332.002-332.007,
19 and chapter 341, and chapter 343.
20 Section 3. Section 215.615, Florida Statutes, is
21 created to read:
22 215.615 State bonds for federal-aid highways
23 construction.--
24 (1) Upon the request of the Department of
25 Transportation, the Division of Bond Finance is authorized
26 pursuant to s. 11, Art. VII of the State Constitution and the
27 State Bond Act to issue revenue bonds, for and on behalf of
28 the Department of Transportation, for the purpose of financing
29 or refinancing the construction, reconstruction, and
30 improvement of projects that are eligible to receive
31 federal-aid highway funds. The Division of Bond Finance is
5
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 authorized to consider innovative financing technologies which
2 may include, but are not limited to, innovative bidding and
3 structures of potential financings that may result in
4 negotiated transactions.
5 (2) Any bonds issued pursuant to this section shall be
6 payable primarily from a prior and superior claim on all
7 federal highway aid reimbursements received each year with
8 respect to federal-aid projects undertaken in accordance with
9 the provisions of Title 23 of the United States Code.
10 (3) The term of the bonds shall not exceed a term of
11 12 years. Prior to the issuance of bonds, the Department of
12 Transportation shall determine that annual debt service on all
13 bonds issued pursuant to this section does not exceed 10
14 percent of annual apportionments to the department for federal
15 highway aid in accordance with the provisions of Title 23 of
16 the United States Code.
17 (4) The bonds issued under this section shall not
18 constitute a debt or general obligation of the state or a
19 pledge of the full faith and credit or taxing power of the
20 state. The bonds shall be secured by and are payable from the
21 revenues pledged in accordance with this section and the
22 resolution authorizing their issuance.
23 (5) The state does hereby covenant with the holders of
24 bonds issued under this section that it will not repeal,
25 impair, or amend this section in any manner which will
26 materially and adversely affect the rights of bondholders so
27 long as the bonds authorized by this section are outstanding
28 unless adequate provision has been made for the payment of
29 such bonds pursuant to the documents authorizing the issuance
30 of such bonds.
31 (6) Any complaint for such validation of bonds issued
6
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 pursuant to this section shall be filed in the circuit court
2 of the county where the seat of state government is situated,
3 the notice required to be published by s. 75.06 shall be
4 published only in the county where the complaint is filed, and
5 the complaint and order of the circuit court shall be served
6 only on the state attorney of the circuit in which the action
7 is pending.
8 Section 4. Section 215.616, Florida Statutes, is
9 created to read:
10 215.616 Issuance of revenue bonds authorized.--
11 (1) The issuance of revenue bonds by the Division of
12 Bond Finance, on behalf of the Department of Transportation,
13 pursuant to s. 11, Art. VII of the State Constitution is
14 hereby authorized, pursuant to the State Bond Act, to finance
15 or refinance fixed capital expenditures for fixed-guideway
16 transportation systems, as defined in s. 341.031, including
17 facilities appurtenant thereto, costs of issuance, and other
18 amounts relating to such financing or refinancing. Such
19 revenue bonds shall be matched on a 50-50 basis with funds
20 from sources other than revenues of the Department of
21 Transportation, in a manner acceptable to the Department of
22 Transportation. The Division of Bond Finance is authorized to
23 consider innovative financing technologies which may include,
24 but are not limited to, innovative bidding and structures of
25 potential financings that may result in negotiated
26 transactions.
27 (a) The Department of Transportation and any
28 participating commuter rail authority or regional
29 transportation authority established pursuant to chapter 343,
30 local governments, or local governments collectively by
31 interlocal agreement having jurisdiction of a fixed-guideway
7
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 transportation system may enter into an interlocal agreement
2 to promote the efficient and cost-effective financing or
3 refinancing of fixed-guideway transportation system projects
4 by revenue bonds issued pursuant to this subsection. The terms
5 of such interlocal agreements shall include provisions for the
6 Department of Transportation to request the issuance of the
7 bonds on behalf of the parties; provide that each party to the
8 agreement shall be contractually liable for an equal share of
9 funding an amount equal to the debt service requirements of
10 such bonds; and include any other terms, provisions, or
11 covenants necessary to the making of and full performance
12 under such interlocal agreement. Repayments made to the
13 Department of Transportation under any interlocal agreement
14 are not pledged to the repayment of bonds issued hereunder and
15 failure of the local governmental authority to make such
16 payment shall not affect the obligation of the Department of
17 Transportation to pay debt service on the bonds.
18 (b) Revenue bonds issued pursuant to this subsection
19 shall not constitute a general obligation of the state or a
20 pledge of the full faith and credit of the state. Bonds issued
21 pursuant to this section shall be payable from funds available
22 pursuant to s. 206.46(3), subject to annual appropriation. The
23 amount of revenues available for debt service shall never
24 exceed a maximum of 2 percent of all state revenues deposited
25 into the State Transportation Trust Fund.
26 (c) The projects to be financed or refinanced with the
27 proceeds of the revenue bonds issued hereunder are designated
28 as state fixed capital outlay projects for purposes of s.
29 11(d), Art. VII of the State Constitution and the specific
30 projects to be financed or refinanced shall be determined by
31 the Department of Transportation in accordance with state law
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 and appropriations from the State Transportation Trust Fund.
2 Each project to be financed with the proceeds of the bonds
3 issued pursuant to this subsection shall first be approved by
4 the Legislature by an act of general law.
5 (d) Any complaint for validation of bonds issued
6 pursuant to this section shall be filed in the circuit court
7 of the county where the seat of state government is situated,
8 the notice required to be published by s. 75.06 shall be
9 published only in the county where the complaint is filed, and
10 the complaint and order of the circuit court shall be served
11 only on the state attorney of the circuit in which the action
12 is pending.
13 (e) The state does hereby covenant with holders of
14 such revenue bonds or other instruments of indebtedness issued
15 hereunder that it will not repeal or impair or amend these
16 provisions in any manner which will materially adversely
17 affect the rights of such holders so long as bonds authorized
18 by this paragraph are outstanding unless adequate provision
19 has been made for the payment of such bonds pursuant to the
20 documents authorizing the issuance of such bonds.
21 (f) This subsection supersedes any inconsistent
22 provisions in existing law.
23
24 Notwithstanding anything in this subsection, the lien of
25 revenue bonds issued pursuant to this subsection on moneys
26 deposited into the State Transportation Trust Fund shall be
27 junior and subordinate to the lien on such moneys of bonds
28 issued pursuant to ss. 215.605, 215.615, and 320.20, and any
29 pledge of such moneys to pay operating and maintenance
30 expenses pursuant to s. 206.46(5) and chapter 348, all as are
31 in existence or as may be amended.
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 (2) To be eligible for participation, fixed-guideway
2 transportation system projects must comply with the major
3 capital investment policy guidelines and criteria established
4 by the Department of Transportation pursuant to chapter 341,
5 must be found to be consistent, to the maximum extent
6 feasible, with approved local government comprehensive plans
7 of the local governments in which such projects are located,
8 and must be included in the work program of the Department of
9 Transportation pursuant to the provisions of s. 339.135. The
10 Department of Transportation shall certify that the expected
11 useful life of the transportation improvements will equal or
12 exceed the maturity date of the debt to be issued.
13 Section 5. Prior to the 2000 legislative session, the
14 Auditor General, in cooperation with the Office of Program
15 Policy Analysis and Government Accountability, shall conduct a
16 financial and performance audit of the Florida Seaport
17 Development Program established pursuant to chapter 311 and s.
18 320.20, Florida Statutes. The audit shall include, but not be
19 limited to, a review of the Department of Transportation's,
20 Florida Seaport Development Council's, and the Florida Ports
21 Financing Commission's organizational and administrative
22 structure, procedures, internal controls, and expenditures
23 relating to the state's investment in seaport infrastructure
24 and seaport intermodal access projects. The Auditor General
25 shall determine whether sufficient procedures and internal
26 controls exist regarding seaport program administration to
27 assure accountability in the implementation and enforcement of
28 all laws, rules, policies, and procedures; and whether
29 sufficient statutory safeguards are in place to protect and
30 maximize public investment in the seaport program.
31 Section 6. Section 316.0815, Florida Statutes, is
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 created to read:
2 316.0815 Duty to yield to public transit vehicles.--
3 (1) The driver of a vehicle shall yield the
4 right-of-way to a publicly owned transit bus traveling in the
5 same direction which has signaled and is reentering the
6 traffic flow from a specifically designated pullout bay.
7 (2) This section does not relieve the driver of a
8 public transit vehicle from the duty to drive with due regard
9 for the safety of all persons using the roadway.
10 (3) A violation of this section is a noncriminal
11 traffic infraction, punishable as a moving violation as
12 provided in chapter 318.
13 Section 7. Paragraph (b) of subsection (1) and
14 paragraphs (e) and (f) of subsection (2) of section 316.302,
15 Florida Statutes, 1998 Supplement, are amended to read:
16 316.302 Commercial motor vehicles; safety regulations;
17 transporters and shippers of hazardous materials;
18 enforcement.--
19 (1)
20 (b) Except as otherwise provided in this section, all
21 owners or drivers of commercial motor vehicles that are
22 engaged in intrastate commerce are subject to the rules and
23 regulations contained in 49 C.F.R. parts 382, 385, and
24 390-397, with the exception of 49 C.F.R. s. 390.5 as it
25 relates to the definition of bus, as such rules and
26 regulations existed on March 1, 1999 1997.
27 (2)
28 (e) A person who operates a commercial motor vehicle
29 solely in intrastate commerce is exempt from subsection (1)
30 while transporting agricultural products, including
31 horticultural or forestry products, from farm or harvest place
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 to the first place of processing or storage, or from farm or
2 harvest place directly to market. However, such person must
3 comply with 49 C.F.R. part 391, subpart H and parts 382, 392,
4 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and s. 396.9.
5 (f) A person who operates a commercial motor vehicle
6 having a declared gross vehicle weight of less than 26,000
7 pounds solely in intrastate commerce and who is not
8 transporting hazardous materials, or who is transporting
9 petroleum products as defined in s. 376.301(31)(29), is exempt
10 from subsection (1). However, such person must comply with 49
11 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
12 396.3(a)(1) and s. 396.9.
13 Section 8. Paragraph (c) of subsection (3) of section
14 316.3025, Florida Statutes, is amended to read:
15 316.3025 Penalties.--
16 (3)
17 (c) A civil penalty of $250 may be assessed for:
18 1. A violation of the placarding requirements of 49
19 C.F.R. parts 171-179;
20 2. A violation of the shipping paper requirements of
21 49 C.F.R. parts 171-179;
22 3. A violation of 49 C.F.R. s. 392.10;
23 4. A violation of 49 C.F.R. s. 397.5 395.5;
24 5. A violation of 49 C.F.R. s. 397.7;
25 6. A violation of 49 C.F.R. s. 397.13; or
26 7. A violation of 49 C.F.R. s. 397.15.
27 Section 9. Paragraph (b) of subsection (2) and
28 subsection (5) of section 316.545, Florida Statutes, are
29 amended to read:
30 316.545 Weight and load unlawful; special fuel and
31 motor fuel tax enforcement; inspection; penalty; review.--
12
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 (2)
2 (b) The officer shall inspect the license plate or
3 registration certificate of the commercial vehicle, as defined
4 in s. 316.003(66), to determine if its gross weight is in
5 compliance with the declared gross vehicle weight. If its
6 gross weight exceeds the declared weight, the penalty shall be
7 5 cents per pound on the difference between such weights. In
8 those cases when the commercial vehicle, as defined in s.
9 316.003(66), is being operated over the highways of the state
10 with an expired registration or with no registration from this
11 or any other jurisdiction or is not registered under the
12 applicable provisions of chapter 320, the penalty herein shall
13 apply on the basis of 5 cents per pound on that scaled weight
14 which exceeds 35,000 pounds on laden truck tractor-semitrailer
15 combinations or tandem trailer truck combinations, 10,000
16 pounds on laden straight trucks or straight truck-trailer
17 combinations, or 10,000 pounds on any unladen commercial motor
18 vehicle. If the license plate or registration has not been
19 expired for more than 90 days, the penalty imposed under this
20 paragraph may not exceed $1,000. In the case of special mobile
21 equipment as defined in s. 316.003(48), which qualifies for
22 the license tax provided for in s. 320.08(5)(b), being
23 operated on the highways of the state with an expired
24 registration or otherwise not properly registered under the
25 applicable provisions of chapter 320, a penalty of $75 shall
26 apply in addition to any other penalty which may apply in
27 accordance with this chapter. A vehicle found in violation of
28 this section may be detained until the owner or operator
29 produces evidence that the vehicle has been properly
30 registered. Any costs incurred by the retention of the
31 vehicle shall be the sole responsibility of the owner. A
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 person who has been assessed a penalty pursuant to this
2 paragraph for failure to have a valid vehicle registration
3 certificate pursuant to the provisions of chapter 320 is not
4 subject to the delinquent fee authorized in s. 320.07 if such
5 person obtains a valid registration certificate within 10
6 working days after such penalty was assessed.
7 (5) Whenever any person violates the provisions of
8 this chapter and becomes indebted to the state because of such
9 violation in the amounts aforesaid and refuses to pay said
10 penalty, such penalty shall become a lien upon the motor
11 vehicle, and the same may be foreclosed by the state in a
12 court of equity. It shall be presumed that the owner of the
13 motor vehicle is liable for the sum. Any person, firm, or
14 corporation claiming an interest in the seized motor vehicle
15 may, at any time after the lien of the state attaches to the
16 motor vehicle, obtain possession of the seized vehicle by
17 filing a good and sufficient forthcoming bond with the officer
18 having possession of the vehicle, payable to the Governor of
19 the state in twice the amount of the state's lien, with a
20 corporate surety duly authorized to transact business in this
21 state as surety, conditioned to have the motor vehicle or
22 combination of vehicles forthcoming to abide the result of any
23 suit for the foreclosure of such lien. It shall be presumed
24 that the owner of the motor vehicle is liable for the penalty
25 imposed under this section. Upon the posting of such bond with
26 the officer making the seizure, the vehicle shall be released
27 and the bond shall be forwarded to the Department of
28 Transportation for safekeeping. The lien of the state against
29 the motor vehicle aforesaid shall be foreclosed in equity, and
30 the ordinary rules of court relative to proceedings in equity
31 shall control. If it appears that the seized vehicle has been
14
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Amendment No. (for drafter's use only)
1 released to the defendant upon his or her forthcoming bond,
2 the state shall take judgment of foreclosure against the
3 property itself, and judgment against the defendant and the
4 sureties on the bond for the amount of the lien, including
5 cost of proceedings. After the rendition of the decree, the
6 state may, at its option, proceed to sue out execution against
7 the defendant and his or her sureties for the amount recovered
8 as aforesaid or direct the sale of the vehicle under
9 foreclosure. Notwithstanding the provisions of this subsection
10 to the contrary, the department shall not seize a vehicle
11 owned and operated by a governmental entity pending the
12 payment of a fine or posting of a bond. For such a
13 governmental vehicle the department shall provide a notice of
14 the violation to the driver of the vehicle and shall release
15 the vehicle to continue operating, unless the department
16 determines that it would be unsafe for the vehicle to
17 continue. The department shall provide a copy of the notice of
18 violation to the appropriate governmental entity. The
19 governmental entity must either pay the penalty or file a
20 request for review of the penalty as provided in subsections
21 (7) and (8) within 20 days of receipt of the notice.
22 Section 10. Section 316.555, Florida Statutes, is
23 amended to read:
24 316.555 Weight, load, speed limits may be lowered;
25 condition precedent.--Anything in this chapter to the contrary
26 notwithstanding, the Department of Transportation with respect
27 to state roads, and local authorities with respect to highways
28 under their jurisdiction, may prescribe, by notice hereinafter
29 provided for, loads and weights and speed limits lower than
30 the limits prescribed in this chapter and other laws, whenever
31 in its or their judgment any road or part thereof or any
15
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 bridge or culvert shall, by reason of its design,
2 deterioration, rain, or other climatic or natural causes be
3 liable to be damaged or destroyed by motor vehicles, trailers,
4 or semitrailers, if the gross weight or speed limit thereof
5 shall exceed the limits prescribed in said notice. The
6 Department of Transportation or local authority may, by like
7 notice, regulate or prohibit, in whole or in part, the
8 operation of any specified class or size of motor vehicles,
9 trailers, or semitrailers on any highways or specified parts
10 thereof under its or their jurisdiction, whenever in its or
11 their judgment, such regulation or prohibition is necessary to
12 provide for the public safety and convenience on the highways,
13 or parts thereof, by reason of traffic density, intensive use
14 thereof by the traveling public, or other reasons of public
15 safety and convenience. The notice or the substance thereof
16 shall be posted at conspicuous places at terminals of all
17 intermediate crossroads and road junctions with the section of
18 highway to which the notice shall apply. After any such
19 notice has been posted, the operation of any motor vehicle or
20 combination contrary to its provisions shall constitute a
21 violation of this chapter. An exemption from any locally
22 imposed weight limit shall be granted by a local government to
23 vehicles transporting silvicultural and agricultural products
24 and to equipment used in connection with silvicultural and
25 agricultural site management when a county road offers the
26 only access into and out of the property. This exemption shall
27 not apply to any bridge or other structure which has weight
28 restrictions established for safety reasons. However, no
29 limitation shall be established by any county, municipal, or
30 other local authorities pursuant to the provisions of this
31 section that would interfere with or interrupt traffic as
16
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 authorized hereunder over state roads, including officially
2 established detours for such highways, including cases where
3 such traffic passes over roads, streets or thoroughfares
4 within the sole jurisdiction of the county, municipal or other
5 local authorities unless such limitations and further
6 restrictions have first been approved by the Department of
7 Transportation. With respect to county roads, except such as
8 are in use as state road detours, the respective county road
9 authorities shall have full power and authority to further
10 limit the weights of vehicles upon bridges and culverts upon
11 such public notice as they deem sufficient, and existing laws
12 applicable thereto shall not be affected by the terms of this
13 chapter.
14 Section 11. Subsection (5) is added to section
15 320.0715, Florida Statutes, to read:
16 320.0715 International Registration Plan; motor
17 carrier services; permits; retention of records.--
18 (5) The provisions of this section do not apply to any
19 commercial motor vehicle domiciled in a foreign state that
20 enters this state solely for the purpose of bringing a
21 commercial vehicle in for repairs, or picking up a newly
22 purchased commercial vehicle, so long as the commercial motor
23 vehicle is operated by its owner and is not hauling a load.
24 Section 12. Section 334.035, Florida Statutes, is
25 amended to read:
26 334.035 Purpose of transportation code.--The purpose
27 of the Florida Transportation Code is to establish the
28 responsibilities of the state, the counties, and the
29 municipalities in the planning and development of the
30 transportation systems serving the people of the state and to
31 assure the development of an integrated, balanced statewide
17
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 transportation system which enhances economic development
2 through promotion of international trade and interstate and
3 intrastate commerce. This code is necessary for the
4 protection of the public safety and general welfare and for
5 the preservation of all transportation facilities in the
6 state. The chapters in the code shall be considered
7 components of the total code, and the provisions therein,
8 unless expressly limited in scope, shall apply to all
9 chapters.
10 Section 13. Subsection (1) of section 334.0445,
11 Florida Statutes, 1998 Supplement, is amended to read:
12 334.0445 Model career service classification and
13 compensation plan.--
14 (1) Effective July 1, 1994, the Legislature grants to
15 the Department of Transportation in consultation with the
16 Department of Management Services, the Executive Office of the
17 Governor, legislative appropriations committees, legislative
18 personnel committees, and the affected certified bargaining
19 unions, the authority on a pilot basis to develop and
20 implement a model career service classification and
21 compensation system. Such system shall be developed for use by
22 all state agencies. Authorization for this program will be
23 through June 30, 2002 for 3 fiscal years beginning July 1,
24 1994, and ending June 30, 1997; however, the department may
25 elect or be directed by the Legislature to return to the
26 current system at anytime during this period if the model
27 system does not meet the stated goals and objectives.
28 Section 14. Section 334.046, Florida Statutes, is
29 amended to read:
30 (Substantial rewording of section. See
31 s. 334.046, F.S., for present text.)
18
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 334.046 Department mission, goals, and objectives.--
2 (1) The mission of the Department of Transportation
3 shall be to provide a safe, interconnected statewide
4 transportation system for Florida's citizens and visitors that
5 ensures the mobility of people and freight, while enhancing
6 economic prosperity and sustaining the quality of our
7 environment.
8 (2) The department shall document in the Florida
9 Transportation Plan pursuant to s. 339.155 the goals and
10 objectives which provide statewide policy guidance for
11 accomplishing the department's mission.
12 (3) At a minimum, the department's goals shall address
13 the following:
14 (a) Providing a safe transportation system for
15 residents, visitors, and commerce.
16 (b) Preservation of the transportation system.
17 (c) Providing an interconnected transportation system
18 to support Florida's economy.
19 (d) Providing travel choices to support Florida's
20 communities.
21 Section 15. Section 334.071, Florida Statutes, is
22 created to read:
23 334.071 Legislative designation of transportation
24 facilities.--
25 (1) Designation of a transportation facility contained
26 in an act of the Legislature is for honorary or memorial
27 purposes or to distinguish a particular facility, and unless
28 specifically provided for, shall not be construed to require
29 any action by a local government or private party regarding
30 the changing of any street signs, mailing address, or 911
31 emergency telephone number system listing.
19
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 (2) The effect of such designations shall only be
2 construed to require the placement of markers by the
3 department at the termini or intersections specified for each
4 highway segment or bridge designated, and as authority for the
5 department to place other markers as appropriate for the
6 transportation facility being designated.
7 Section 16. Section 334.351, Florida Statutes, is
8 amended to read:
9 334.351 Youth work experience program; findings and
10 intent; authority to contract; limitation.--The Legislature
11 finds and declares that young men and women of the state
12 should be given an opportunity to obtain public service work
13 and training experience that protects and conserves the
14 valuable resources of the state and promotes participation in
15 other community enhancement projects. Notwithstanding the
16 requirements of chapters 287 and 337, the Department of
17 Transportation is authorized to contract with public agencies
18 and nonprofit organizations for the performance of work
19 related to the construction and maintenance of
20 transportation-related facilities by youths enrolled in youth
21 work experience programs. The total amount of contracts
22 entered into by the department under this section in any
23 fiscal year may not exceed the amount specifically
24 appropriated by the Legislature for this program.
25 Section 17. Subsection (1) of section 335.0415,
26 Florida Statutes, is amended to read:
27 335.0415 Public road jurisdiction and transfer
28 process.--
29 (1) The jurisdiction of public roads and the
30 responsibility for operation and maintenance within the
31 right-of-way of any road within the state, county, and
20
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 municipal road system shall be that which existed on June 10,
2 1995 exists on July 1, 1995.
3 Section 18. Subsection (1) of section 335.093, Florida
4 Statutes, is amended to read:
5 335.093 Scenic highway designation.--
6 (1) The Department of Transportation may, after
7 consultation with other state agencies and local governments,
8 designate public roads as scenic highways on the state highway
9 system. Public roads Highways designated as scenic highways
10 are intended to preserve, maintain, and protect a part of
11 Florida's cultural, historical, and scenic routes on the State
12 Highway System for vehicular, bicycle, and pedestrian travel.
13 Section 19. Section 337.025, Florida Statutes, is
14 amended to read:
15 337.025 Innovative highway projects; department to
16 establish program.--The department is authorized to establish
17 a program for highway projects demonstrating innovative
18 techniques of highway construction and finance which have the
19 intended effect of controlling time and cost increases on
20 construction projects. Such techniques may include, but are
21 not limited to, state-of-the-art technology for pavement,
22 safety, and other aspects of highway construction; innovative
23 bidding and financing techniques; accelerated construction
24 procedures; and those techniques that have the potential to
25 reduce project life cycle costs. To the maximum extent
26 practical, the department must use the existing process to
27 award and administer construction contracts. When specific
28 innovative techniques are to be used, the department is not
29 required to adhere to those provisions of law that would
30 prevent, preclude, or in any way prohibit the department from
31 using the innovative technique. However, prior to using an
21
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 innovative technique that is inconsistent with another
2 provision of law, the department must document in writing the
3 need for the exception and identify what benefits the
4 traveling public and the affected community are anticipated to
5 receive. The department may enter into no more than $120 $60
6 million in contracts annually for the purposes authorized by
7 this section.
8 Section 20. Paragraph (c) is added to subsection (6)
9 of section 337.11, Florida Statutes, and subsection (16) of
10 said section is amended, to read:
11 337.11 Contracting authority of department; bids;
12 emergency repairs, supplemental agreements, and change orders;
13 combined design and construction contracts; progress payments;
14 records; requirements of vehicle registration.--
15 (6)
16 (c)1. When the department determines that it is in the
17 best interest of the public for reasons of public concern,
18 economy, improved operations, or safety, and only when
19 circumstances dictate rapid completion of the work, the
20 department may, up to the threshold amount provided in s.
21 287.017 for CATEGORY FOUR, enter into contracts for
22 construction and maintenance without advertising and receiving
23 competitive bids. The department may enter into such contracts
24 only upon a written determination by the district secretary
25 that the work is necessary for one of the following reasons:
26 a. To ensure timely completion of projects or
27 avoidance of undue delay for other projects;
28 b. To accomplish minor repairs or construction and
29 maintenance activities for which time is of the essence and
30 for which significant costs savings would occur; or
31 c. To accomplish nonemergency work necessary to ensure
22
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Amendment No. (for drafter's use only)
1 avoidance of adverse conditions that affect the safe and
2 efficient flow of traffic,
3
4 and that written determination shall specify the applicable
5 reason.
6 2. Prior to entering into any contract pursuant to
7 this paragraph, the department shall make a good faith effort
8 to obtain two or more quotes from qualified contractors, if
9 available. The employee making the good faith effort shall
10 create a short document which contains the names of the
11 qualified contractors and the quotes. If no quotes are
12 available, the employee so shall state. The department shall
13 also consider disadvantaged business enterprise participation
14 in such contracts. When the work exists within the limits of
15 an existing department contract, the department shall make a
16 good faith effort to negotiate and enter into a contract with
17 the prime contractor on the existing contract.
18 (16) The department is authorized to undertake and
19 contract to provide an owner controlled insurance plan (OCIP)
20 on any construction project or group of related construction
21 projects if the head of the department determines that an OCIP
22 will be both cost-effective for the department and otherwise
23 in its best interests. Such OCIP may provide insurance
24 coverage for the department and for worker's compensation and
25 employers liability and general liability and builders risk
26 for contractors and subcontractors, for and in conjunction
27 with any or all work performed on such projects. The
28 department may directly purchase such coverage in the manner
29 provided for the purchase of commodities pursuant to s.
30 287.057, or self-insure, or use a combination thereof, any
31 other statutory provisions or limitations on self-insurance or
23
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 purchase of insurance notwithstanding. The department's
2 authority hereunder includes the purchase of risk management,
3 risk and loss control, safety management, investigative and
4 claims adjustment services, advancement of funds for payment
5 of claims, and other services reasonably necessary to process
6 and pay claims under and administer the OCIP. In addition to
7 any prequalification required under s. 337.14, no contractor
8 shall be prequalified to bid on an OCIP project unless the
9 contractor's casualty and loss experience and safety record
10 meets the minimum requirements for OCIP coverage issuance on
11 the project, were the contractor to be awarded the project.
12 Exercise of the department's authority under this subsection
13 shall not be deemed a waiver of sovereign immunity.
14 Section 21. Paragraph (a) of subsection (1) of section
15 337.16, Florida Statutes, is amended to read:
16 337.16 Disqualification of delinquent contractors from
17 bidding; determination of contractor nonresponsibility;
18 denial, suspension, and revocation of certificates of
19 qualification; grounds; hearing.--
20 (1) A contractor shall not be qualified to bid when an
21 investigation by the department discloses that such contractor
22 is delinquent on a previously awarded contract, and in such
23 case the contractor's certificate of qualification shall be
24 suspended or revoked. Any contractor whose certificate of
25 qualification is suspended or revoked for delinquency shall
26 also be disapproved as a subcontractor during the period of
27 suspension or revocation, except when a prime contractor's bid
28 has used prices of a subcontractor who becomes disqualified
29 after the bid and before the request for authorization to
30 sublet is presented.
31 (a) A contractor is delinquent when unsatisfactory
24
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 progress is being made on a construction project or when the
2 allowed contract time has expired and the contract work is not
3 complete. Unsatisfactory progress shall be determined in
4 accordance with the contract provisions.
5 Section 22. Subsection (2) of section 337.162, Florida
6 Statutes, 1998 Supplement, is amended to read:
7 337.162 Professional services.--Professional services
8 provided to the department that fall below acceptable
9 professional standards may result in transportation project
10 delays, overruns, and reduced facility life. To minimize these
11 effects and ensure that quality services are received, the
12 Legislature hereby declares that licensed professionals shall
13 be held accountable for the quality of the services they
14 provide to the department.
15 (2) Any person who is employed by the department and
16 who is licensed by the Department of Business and Professional
17 Regulation and who, through the course of his or her
18 employment, has knowledge or reason to believe that any person
19 has violated the provisions of state professional licensing
20 laws or rules shall submit a complaint about the violations to
21 the Department of Business and Professional Regulation.
22 Failure to submit a complaint about the violations may be
23 grounds for disciplinary action pursuant to part I of chapter
24 455 and the state licensing law applicable to that licensee.
25 However, licensees under part II of chapter 475 are exempt
26 from the provisions of s. 455.227(1)(i). The complaint
27 submitted to the Department of Business and Professional
28 Regulation and maintained by the department is confidential
29 and exempt from s. 119.07(1).
30 Section 23. Subsections (1) and (2) of section 337.18,
31 Florida Statutes, 1998 Supplement, are amended to read:
25
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Amendment No. (for drafter's use only)
1 337.18 Surety bonds; requirement with respect to
2 contract award; defaults; damage assessments.--
3 (1) A surety bond shall be required of the successful
4 bidder in an amount equal to the awarded contract price. For a
5 project for which the contract price is $150,000 or less, the
6 department may waive the requirement for all or a portion of a
7 surety bond if it determines the project is of a noncritical
8 nature and nonperformance will not endanger public health,
9 safety, or property. The department may require alternate
10 means of security if a surety bond is waived. The surety on
11 such bond shall be a surety company authorized to do business
12 in the state. All bonds shall be payable to the department
13 Governor and his or her successors in office and conditioned
14 for the prompt, faithful, and efficient performance of the
15 contract according to plans and specifications and within the
16 time period specified, and for the prompt payment of all
17 persons furnishing labor, material, equipment, and supplies
18 therefor; however, whenever an improvement, demolition, or
19 removal contract price is $25,000 or less, the security may,
20 in the discretion of the bidder, be in the form of a cashier's
21 check, bank money order of any state or national bank,
22 certified check, or postal money order.
23 (2) The department shall provide in its contracts for
24 the determination of default on the part of any contractor for
25 cause attributable to such contractor. The department shall
26 have no liability for anticipated profits for unfinished work
27 on a contract which has been determined to be in default.
28 Every contract let by the department for the performance of
29 work shall contain a provision for payment to the department
30 by the contractor of liquidated damages due to failure of the
31 contractor to complete the contract work within the time
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Amendment No. (for drafter's use only)
1 stipulated in the contract or within such additional time as
2 may have been granted by the department. The contractual
3 provision shall include a reasonable estimate of the damages
4 that would be incurred by the department as a result of such
5 failure. The department shall establish a schedule of daily
6 liquidated damage, based on original contract amounts, charges
7 for construction contracts entered into by the department,
8 which schedule shall be incorporated by reference into the
9 contract. The department shall update the schedule of
10 liquidated damages at least once every 2 years, but no more
11 often than once a year. The schedule shall, at a minimum, be
12 based on the average construction, engineering, and inspection
13 costs experienced by the department on contracts over the 2
14 preceding fiscal years. The schedule shall also include
15 anticipated costs of project-related delays and inconveniences
16 to the department and traveling public. Anticipated costs may
17 include, but are not limited to, road user costs, a portion of
18 the projected revenues that will be lost due to failure to
19 timely open a project to revenue-producing traffic, costs
20 resulting from retaining detours for an extended time, and
21 other similar costs. The schedule shall be divided into the
22 following categories, based on the original contract amounts:
23 (a) $50,000 and under;
24 (b) Over $50,000 but less than $250,000;
25 (c) $250,000 or more but less than $500,000;
26 (d) $500,000 or more but less than $2.5 million;
27 (e) $2.5 million or more but less than $5 million;
28 (f) $5 million or more but less than $10 million;
29 (g) $10 million or more but less than $15 million;
30 (h) $15 million or more but less than $20 million; and
31 (i) $20 million and over.
27
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Amendment No. (for drafter's use only)
1
2 Any such liquidated damages paid to the department shall be
3 deposited to the credit of the fund from which payment for the
4 work contracted was authorized.
5 Section 24. Subsections (1), (2), (3), (7), and (8) of
6 section 337.185, Florida Statutes, are amended to read:
7 337.185 State Arbitration Board.--
8 (1) To facilitate the prompt settlement of claims for
9 additional compensation arising out of construction contracts
10 between the department and the various contractors with whom
11 it transacts business, the Legislature does hereby establish
12 the State Arbitration Board, referred to in this section as
13 the "board." For the purpose of this section, "claim" shall
14 mean the aggregate of all outstanding claims by a party
15 arising out of a construction contract. Every contractual
16 claim in an amount up to $250,000 $100,000 per contract or, at
17 the claimant's option, up to $500,000 $250,000 per contract
18 or, upon agreement of the parties, up to $1,000,000 per
19 contract that cannot be resolved by negotiation between the
20 department and the contractor shall be arbitrated by the board
21 after acceptance of the project by the department. As an
22 exception, either party to the dispute may request that the
23 claim be submitted to binding private arbitration. A court of
24 law may not consider the settlement of such a claim until the
25 process established by this section has been exhausted.
26 (2) The board shall be composed of three members. One
27 member shall be appointed by the head of the department, and
28 one member shall be elected by those construction companies
29 who are under contract with the department. The third member
30 shall be chosen by agreement of the other two members.
31 Whenever the third member has a conflict of interest regarding
28
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Amendment No. (for drafter's use only)
1 affiliation with one of the parties, the other two members
2 shall select an alternate member for that hearing. The head of
3 the department may select an alternative or substitute to
4 serve as the department member for any hearing or term. Each
5 member shall serve a 2-year term. The board shall elect a
6 chair, each term, who shall be the administrator of the board
7 and custodian of its records.
8 (3) A hearing may be requested by the department or by
9 a contractor who has a dispute with the department which,
10 under the rules of the board, may be the subject of
11 arbitration. The board shall conduct the hearing within 45
12 days of the request. The party requesting the board's
13 consideration shall give notice of the hearing to each member.
14 If the board finds that a third party is necessary to resolve
15 the dispute, the board may vote to dismiss the claim, which
16 may thereafter be pursued in accordance with the laws of the
17 State of Florida a court of law.
18 (7) The members member of the board elected by
19 construction companies and the third member of the board may
20 receive compensation for the performance of their duties
21 hereunder, from administrative fees received by the board,
22 except that no employee of the department may receive
23 compensation from the board. The compensation amount shall be
24 determined by the board, but shall not exceed $125 per hour,
25 up to a maximum of $1,000 $750 per day for each member
26 authorized to receive compensation. Nothing in this section
27 shall prevent the member elected by construction companies
28 from being an employee of an association affiliated with the
29 industry, even if the sole responsibility of that member is
30 service on the board. Travel expenses for the industry member
31 may be paid by an industry association, if necessary. The
29
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 board may allocate funds annually for clerical and other
2 administrative services.
3 (8) The party requesting arbitration shall pay a fee
4 to the board in accordance with a schedule established by it,
5 not to exceed $500 per claim which is $25,000 or less, not to
6 exceed $1,000 per claim which is in excess of $25,000 but not
7 exceeding $50,000, not to exceed $1,500 per claim which is in
8 excess of $50,000 but not exceeding $100,000, not to exceed
9 $2,000 per claim which is in excess of $100,000 but not
10 exceeding $200,000, and not to exceed $3,000 $2,500 per claim
11 which is in excess of $200,000 but not exceeding $300,000
12 $250,000, not to exceed $4,000 per claim which is in excess of
13 $300,000 but not exceeding $400,000, and not to exceed $5,000
14 per claim which is in excess of $400,000, to cover the cost of
15 administration and compensation of the board.
16 Section 25. (1) Subsection (1) of section 337.19,
17 Florida Statutes, is amended to read:
18 337.19 Suits by and against department; limitation of
19 actions; forum.--
20 (1) Suits at law and in equity may be brought and
21 maintained by and against the department on any contract claim
22 arising from breach of an express provision or an implied
23 covenant of a written agreement or a written directive issued
24 by the department pursuant to the written agreement. In any
25 such suit, the department and the contractor shall have all of
26 the same rights and obligations as a private person under a
27 like contract, except that no liability may be based on an
28 oral modification of either the written contract or written
29 directive. Nothing herein shall be construed to waive the
30 sovereign immunity of the state and its political subdivisions
31 from equitable claims and equitable remedies. Notwithstanding
30
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 anything to the contrary contained in this section, no
2 employee or agent of the department may be held personally
3 liable to an extent greater than that pursuant to s. 768.28,
4 under contract for work done; provided, that no suit sounding
5 in tort shall be maintained against the department.
6 (2) Suits by and against the department under this
7 section shall be commenced within 820 days of the final
8 acceptance of the work. This section shall apply to all
9 contracts entered into after June 30, 1993.
10 (3) Any action or suit brought against the department
11 shall be brought in the county or counties where the cause of
12 action accrued, or in the county of the department's district
13 headquarters responsible for the work, or in Leon County.
14 (2) The amendment to subsection (1) of section 337.19,
15 Florida Statutes, as set forth in this section shall apply to
16 contracts entered into on or after July 1, 1999.
17 Section 26. Paragraph (a) of subsection (1) and
18 paragraph (i) of subsection (4) of section 337.25, Florida
19 Statutes, are amended to read:
20 337.25 Acquisition, lease, and disposal of real and
21 personal property.--
22 (1)(a) The department may purchase, lease, exchange,
23 or otherwise acquire any land, property interests, or
24 buildings or other improvements, including personal property
25 within such buildings or on such lands, necessary to secure or
26 utilize transportation rights-of-way for existing, proposed,
27 or anticipated transportation facilities on the State Highway
28 System, on the State Park Road System, in a rail corridor, or
29 in a transportation corridor designated by the department.
30 Such property shall be held in the name of the state.
31 (4) The department may sell, in the name of the state,
31
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Amendment No. (for drafter's use only)
1 any land, building, or other property, real or personal, which
2 was acquired under the provisions of subsection (1) and which
3 the department has determined is not needed for the
4 construction, operation, and maintenance of a transportation
5 facility. With the exception of any parcel governed by
6 paragraph (c), paragraph (d), paragraph (f), paragraph (g), or
7 paragraph (i), the department shall afford first right of
8 refusal to the local government in the jurisdiction of which
9 the parcel is situated. When such a determination has been
10 made, property may be disposed of in the following manner:
11 (i) If property was originally acquired specifically
12 to provide replacement housing for persons displaced by
13 federally assisted transportation projects, the department may
14 negotiate for the sale of such property as replacement
15 housing. As compensation, the state shall receive no less than
16 its investment in such properties or fair market value,
17 whichever is lower. It is expressly intended that this benefit
18 be extended only to those persons actually displaced by such
19 project. Dispositions to any other persons must be for fair
20 market value.
21 Section 27. Subsection (9) is added to section
22 337.251, Florida Statutes, to read:
23 337.251 Lease of property for joint public-private
24 development and areas above or below department property.--
25 (9) Notwithstanding chapter 341 or any other provision
26 of law to the contrary, a fixed-guideway transportation system
27 authorized by the department to be wholly or partially within
28 the department's right-of-way pursuant to a lease granted
29 under this section may operate at any safe speed.
30 Section 28. Subsection (1) of section 337.403, Florida
31 Statutes, is amended to read:
32
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 337.403 Relocation of utility; expenses.--
2 (1) Any utility heretofore or hereafter placed upon,
3 under, over, or along any public road or publicly owned rail
4 corridor that is found by the authority to be unreasonably
5 interfering in any way with the convenient, safe, or
6 continuous use, or the maintenance, improvement, extension, or
7 expansion, of such public road or publicly owned rail corridor
8 shall, upon 30 days' written notice to the utility or its
9 agent by the authority, be removed or relocated by such
10 utility at its own expense except as provided in paragraphs
11 (a), and (b), and (c).
12 (a) If the relocation of utility facilities, as
13 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
14 Pub. L. No. 627 of the 84th Congress, is necessitated by the
15 construction of a project on the federal-aid interstate
16 system, including extensions thereof within urban areas, and
17 the cost of such project is eligible and approved for
18 reimbursement by the Federal Government to the extent of 90
19 percent or more under the Federal Aid Highway Act, or any
20 amendment thereof, then in that event the utility owning or
21 operating such facilities shall relocate such facilities upon
22 order of the department, and the state shall pay the entire
23 expense properly attributable to such relocation after
24 deducting therefrom any increase in the value of the new
25 facility and any salvage value derived from the old facility.
26 (b) When a joint agreement between the department and
27 the utility is executed for utility improvement, relocation,
28 or removal work to be accomplished as part of a contract for
29 construction of a transportation facility, the department may
30 participate in those utility improvement, relocation, or
31 removal costs that exceed the department's official estimate
33
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HOUSE AMENDMENT
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Amendment No. (for drafter's use only)
1 of the cost of such work by more than 10 percent. The amount
2 of such participation shall be limited to the difference
3 between the official estimate of all the work in the joint
4 agreement plus 10 percent and the amount awarded for this work
5 in the construction contract for such work. The department may
6 not participate in any utility improvement, relocation, or
7 removal costs that occur as a result of changes or additions
8 during the course of the contract.
9 (c) When an agreement between the department and a
10 utility is executed for utility improvement, relocation, or
11 removal work to be accomplished in advance of a contract for
12 construction of a transportation facility, the department may
13 participate in the cost of clearing and grubbing necessary to
14 perform such work.
15 Section 29. Paragraph (b) of subsection (2) of section
16 338.223, Florida Statutes, is amended to read:
17 338.223 Proposed turnpike projects.--
18 (2)
19 (b) In accordance with the legislative intent
20 expressed in s. 337.273, and after the requirement of
21 paragraph (1)(c) have been met, the department may acquire
22 lands and property before making a final determination of the
23 economic feasibility of a project. The requirements of
24 paragraph (1)(c) shall not apply to hardship and protective
25 purchases of advance right-of-way by the department. The cost
26 of advance acquisition of right-of-way may be paid from bonds
27 issued under s. 337.276 or from turnpike revenues. For
28 purposes of this paragraph, the term "hardship purchase" means
29 purchase of a residential dwelling of not more than four units
30 from a property owner who is at a disadvantage due to health
31 impairment, job loss, or significant loss of rental income.
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Amendment No. (for drafter's use only)
1 For purposes of this paragraph, the term "protective purchase"
2 means a purchase to limit development, building, or other
3 intensification of land uses within the area right-of-way is
4 needed for transportation facilities. The department shall
5 give written notice to the Department of Environmental
6 Protection 30 days prior to final agency acceptance as set
7 forth in s. 119.07(3)(n), which notice shall allow the
8 Department of Environmental Protection to comment. Hardship
9 and protective purchases of right-of-way shall not influence
10 the environmental feasibility of a project, including the
11 decision relative to the need to construct the project or the
12 selection of a specific location. Costs to acquire and dispose
13 of property acquired as hardship and protective purchases are
14 considered costs of doing business for the department and
15 shall not be considered in the determination of environmental
16 feasibility for the project.
17 Section 30. Section 338.229, Florida Statutes, is
18 amended to read:
19 338.229 Pledge to bondholders not to restrict certain
20 rights of department.--The state does pledge to, and agree
21 with, the holders of the bonds issued pursuant to ss.
22 338.22-338.241 338.22-338.244 that the state will not limit or
23 restrict the rights vested in the department to construct,
24 reconstruct, maintain, and operate any turnpike project as
25 defined in ss. 338.22-338.241 338.22-338.244 or to establish
26 and collect such tolls or other charges as may be convenient
27 or necessary to produce sufficient revenues to meet the
28 expenses of maintenance and operation of the turnpike system
29 and to fulfill the terms of any agreements made with the
30 holders of bonds authorized by this act and that the state
31 will not in any way impair the rights or remedies of the
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Amendment No. (for drafter's use only)
1 holders of such bonds until the bonds, together with interest
2 on the bonds, are fully paid and discharged. In implementing
3 this section, the department is specifically authorized to
4 provide for further restrictions on the sale, transfer, lease,
5 or other disposition or operation of any portion of the
6 turnpike system which reduces the revenue available for
7 payment to bondholders.
8 Section 31. Paragraph (a) of subsection (4) of section
9 339.135, Florida Statutes, is amended to read:
10 339.135 Work program; legislative budget request;
11 definitions; preparation, adoption, execution, and
12 amendment.--
13 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
14 (a)1. To assure that no district or county is
15 penalized for local efforts to improve the State Highway
16 System, the department shall, for the purpose of developing a
17 tentative work program, allocate funds for new construction to
18 the districts, except for the turnpike district, based on
19 equal parts of population and motor fuel tax collections.
20 Funds for resurfacing, bridge repair and rehabilitation,
21 bridge fender system construction or repair, public transit
22 projects except public transit block grants as provided in s.
23 341.052, and other programs with quantitative needs
24 assessments shall be allocated based on the results of these
25 assessments. The department may not transfer any funds
26 allocated to a district under this paragraph to any other
27 district except as provided in subsection (7). Funds for
28 public transit block grants shall be allocated to the
29 districts pursuant to s. 341.052.
30 2. Notwithstanding the provisions of subparagraph 1.,
31 the department shall allocate at least 50 percent of any new
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 discretionary highway capacity funds to the Florida Intrastate
2 Highway System established pursuant to s. 338.001. Any
3 remaining new discretionary highway capacity funds shall be
4 allocated to the districts for new construction as provided in
5 subparagraph 1. For the purposes of this subparagraph, the
6 term "new discretionary highway capacity funds" means any
7 funds available to the department above the prior year funding
8 level for capacity improvements, which the department has the
9 discretion to allocate to highway projects.
10 Section 32. Section 339.155, Florida Statutes, is
11 amended to read:
12 339.155 Transportation planning.--
13 (1) FLORIDA TRANSPORTATION PLAN.--The department shall
14 develop and annually update a statewide transportation plan,
15 to be known as the Florida Transportation Plan. The plan
16 shall be designed so as to be easily read and understood by
17 the general public.
18 (1) PURPOSE.--The purpose of the Florida
19 Transportation Plan is to establish and define the state's
20 long-range transportation goals and objectives of the
21 department to be accomplished over a period of at least 20
22 years within the context of the State Comprehensive Plan and
23 any other statutory mandates and authorizations. The Florida
24 Transportation Plan shall consider the needs of the entire
25 state transportation system and examine the use of all modes
26 of transportation to effectively and efficiently meet such
27 needs given to the department. The plan shall define the
28 relationship between the long-range goals and the short-range
29 objectives, and specify those objectives against which the
30 department's achievement of such goals will be measured. The
31 plan shall provide a policy framework within which the
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HOUSE AMENDMENT
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Amendment No. (for drafter's use only)
1 department's legislative budget request, the strategic
2 information resource management plan, and the work program are
3 developed.
4 (2) SCOPE OF PLANNING PROCESS.--
5 (a) The department shall carry out a transportation
6 planning process that provides for consideration of projects
7 and strategies that will:
8 1. Support the economic vitality of the United States,
9 Florida, and the metropolitan areas, especially by enabling
10 global competitiveness, productivity, and efficiency.
11 2. Increase the safety and security of the
12 transportation system for motorized and nonmotorized users.
13 3. Increase the accessibility and mobility options
14 available to people and for freight.
15 4. Protect and enhance the environment, promote energy
16 conservation, and improve quality of life.
17 5. Enhance the integration and connectivity of the
18 transportation system across and between modes throughout
19 Florida for people and freight.
20 6. Promote efficient system management and operation.
21 7. Emphasize the preservation of the existing
22 transportation system.
23 (b) Additionally, the transportation planning process
24 shall consider:
25 1. With respect to nonmetropolitan areas, the concerns
26 of local elected officials representing units of general
27 purpose local government.
28 2. The concerns of Indian tribal governments and
29 federal land management agencies that have jurisdiction over
30 land within the boundaries of Florida.
31 3. Coordination of transportation plans, programs, and
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 planning activities with related planning activities being
2 carried out outside of metropolitan planning areas.
3 DEVELOPMENT CRITERIA.--The Florida Transportation Plan shall
4 consider the needs of the entire state transportation system,
5 examine the use of all modes of transportation to effectively
6 and efficiently meet such needs, and provide for the
7 interconnection of all types of modes in a comprehensive
8 intermodal transportation system. In developing the Florida
9 Transportation Plan, the department shall consider the
10 following:
11 (a) The results of the management systems required
12 pursuant to federal laws and regulations.
13 4.(b) Any federal, state, or local energy use goals,
14 objectives, programs, or requirements.
15 (c) Strategies for incorporating bicycle
16 transportation facilities and pedestrian walkways in projects
17 where appropriate throughout the state.
18 (d) International border crossings and access to
19 ports, airports, intermodal transportation facilities, major
20 freight distribution routes, national parks, recreation and
21 scenic areas, monuments and historic sites, and military
22 installations.
23 5.(e) The transportation needs of nonmetropolitan
24 areas through a process that includes consultation with local
25 elected officials with jurisdiction over transportation.
26 6.(f) Consistency of the plan, to the maximum extent
27 feasible, with strategic regional policy plans, metropolitan
28 planning organization plans, and approved local government
29 comprehensive plans so as to contribute to the management of
30 orderly and coordinated community development.
31 (g) Connectivity between metropolitan areas within the
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 state and with metropolitan areas in other states.
2 (h) Recreational travel and tourism.
3 (i) Any state plan developed pursuant to the Federal
4 Water Pollution Control Act.
5 (j) Transportation system management and investment
6 strategies designed to make the most efficient use of existing
7 transportation facilities.
8 7.(k) The total social, economic, energy, and
9 environmental effects of transportation decisions on the
10 community and region.
11 8.(l) Methods to manage traffic congestion and to
12 prevent traffic congestion from developing in areas where it
13 does not yet occur, including methods which reduce motor
14 vehicle travel, particularly single-occupant vehicle travel.
15 9.(m) Methods to expand and enhance transit services
16 and to increase the use of such services.
17 10.(n) The effect of transportation decisions on land
18 use and land development, including the need for consistency
19 between transportation decisionmaking and the provisions of
20 all applicable short-range and long-range land use and
21 development plans.
22 (o) Where appropriate, the use of innovative
23 mechanisms for financing projects, including value capture
24 pricing, tolls, and congestion pricing.
25 11.(p) Preservation and management of rights-of-way
26 for construction of future transportation projects, including
27 identification of unused rights-of-way which may be needed for
28 future transportation corridors, and identification of those
29 corridors for which action is most needed to prevent
30 destruction or loss.
31 (q) Future, as well as existing, needs of the state
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Amendment No. (for drafter's use only)
1 transportation system.
2 (r) Methods to enhance the efficient movement of
3 commercial motor vehicles.
4 (s) The use of life-cycle costs in the design and
5 engineering of bridges, tunnels, or pavement.
6 12.(t) Investment strategies to improve adjoining
7 state and local roads that support rural economic growth and
8 tourism development, federal agency renewable resources
9 management, and multipurpose land management practices,
10 including recreation development.
11 (u) The concerns of Indian tribal governments having
12 jurisdiction over lands within the boundaries of the state.
13 (v) A seaport or airport master plan, which has been
14 incorporated into an approved local government comprehensive
15 plan, and the linkage of transportation modes described in
16 such plan which are needed to provide for the movement of
17 goods and passengers between the seaport or airport and the
18 other transportation facilities.
19 13.(w) The joint use of transportation corridors and
20 major transportation facilities for alternate transportation
21 and community uses.
22 (x) The integration of any proposed system into all
23 other types of transportation facilities in the community.
24 (3) FORMAT, SCHEDULE, AND REVIEW.--The Florida
25 Transportation Plan shall be a unified, concise planning
26 document that clearly defines the state's long-range
27 transportation goals and objectives and documents the
28 department's short-range objectives developed to further such
29 goals and objectives. The plan shall include a glossary that
30 clearly and succinctly defines any and all phrases, words, or
31 terms of art included in the plan, with which the general
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 public may be unfamiliar and shall consist of, at a minimum,
2 the following components:
3 (a) A long-range component documenting the goals and
4 long-term objectives necessary to implement the results of the
5 department's findings from its examination of the criteria
6 listed in subsection (2). The long-range component must be
7 developed in cooperation with the metropolitan planning
8 organizations and reconciled, to the maximum extent feasible,
9 with the long-range plans developed by metropolitan planning
10 organizations pursuant to s. 339.175. The plan shall also be
11 developed in consultation with affected local officials in
12 nonmetropolitan areas and with any affected Indian tribal
13 governments. The plan must provide an examination of
14 transportation issues likely to arise during at least a
15 20-year period. The long-range component shall be updated at
16 least once every 5 years, or more often as necessary, to
17 reflect substantive changes to federal or state law.
18 (b) A short-range component documenting the short-term
19 objectives and strategies necessary to implement the goals and
20 long-term objectives contained in the long-range component.
21 The short-range component shall define the relationship
22 between the long-range goals and the short-range objectives,
23 specify those objectives against which the department's
24 achievement of such goals will be measured, and identify
25 transportation strategies necessary to efficiently achieve the
26 goals and objectives in the plan. It shall provide a policy
27 framework within which the department's legislative budget
28 request, the strategic information resource management plan,
29 and the work program are developed. The short-range component
30 shall serve as the department's annual agency strategic plan
31 pursuant to s. 186.021. The short-range component shall be
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 developed consistent with the requirements of s. 186.022 and
2 consistent with available and forecasted state and federal
3 funds. In addition to those entities listed in s. 186.022, the
4 short-range component shall also be submitted to the Florida
5 Transportation Commission.
6 (4) ANNUAL PERFORMANCE REPORT.--The department shall
7 develop an annual performance report evaluating the operation
8 of the department for the preceding fiscal year. The report,
9 which shall meet the requirements of s. 186.022, shall also
10 include a summary of the financial operations of the
11 department and shall annually evaluate how well the adopted
12 work program meets the short-term objectives contained in the
13 short-range component of the Florida Transportation Plan. In
14 addition to the entities listed in s. 186.022, this
15 performance report shall also be submitted to the Florida
16 Transportation Commission and the legislative appropriations
17 and transportation committees.
18 (5) ADDITIONAL TRANSPORTATION PLANS.--
19 (a) Upon request by local governmental entities, the
20 department may in its discretion develop and design
21 transportation corridors, arterial and collector streets,
22 vehicular parking areas, and other support facilities which
23 are consistent with the plans of the department for major
24 transportation facilities. The department may render to local
25 governmental entities or their planning agencies such
26 technical assistance and services as are necessary so that
27 local plans and facilities are coordinated with the plans and
28 facilities of the department.
29 (b) Each regional planning council, as provided for in
30 s. 186.504, or any successor agency thereto, shall develop, as
31 an element of its strategic regional policy plan,
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 transportation goals and policies. The transportation goals
2 and policies shall be consistent, to the maximum extent
3 feasible, with the goals and policies of the metropolitan
4 planning organization and the Florida Transportation Plan.
5 The transportation goals and policies of the regional planning
6 council will be advisory only and shall be submitted to the
7 department and any affected metropolitan planning organization
8 for their consideration and comments. Metropolitan planning
9 organization plans and other local transportation plans shall
10 be developed consistent, to the maximum extent feasible, with
11 the regional transportation goals and policies. The regional
12 planning council shall review urbanized area transportation
13 plans and any other planning products stipulated in s. 339.175
14 and provide the department and respective metropolitan
15 planning organizations with written recommendations which the
16 department and the metropolitan planning organizations shall
17 take under advisement. Further, the regional planning
18 councils shall directly assist local governments which are not
19 part of a metropolitan area transportation planning process in
20 the development of the transportation element of their
21 comprehensive plans as required by s. 163.3177.
22 (6) PROCEDURES FOR PUBLIC PARTICIPATION IN
23 TRANSPORTATION PLANNING.--
24 (a) During the development of the long-range component
25 of the Florida Transportation Plan, and prior to substantive
26 revisions adoption of all subsequent amendments, the
27 department shall provide citizens, affected public agencies,
28 representatives of transportation agency employees, other
29 affected employee representatives, private providers of
30 transportation, and other known interested parties with an
31 opportunity to comment on the proposed plan or revisions
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 amendments. These opportunities This hearing shall include
2 presentation and discussion of the factors listed in
3 subsection (2) and shall include, at a minimum, publishing a
4 notice in the Florida Administrative Weekly and within a
5 newspaper of general circulation within the area of each
6 department district office. These notices shall be published
7 twice prior to the day of the hearing, with the first notice
8 appearing at least 14 days prior to the hearing.
9 (b) During development of major transportation
10 improvements, such as those increasing the capacity of a
11 facility through the addition of new lanes or providing new
12 access to a limited or controlled access facility or
13 construction of a facility in a new location, the department
14 shall hold one or more hearings prior to the selection of the
15 facility to be provided; prior to the selection of the site or
16 corridor of the proposed facility; and prior to the selection
17 of and commitment to a specific design proposal for the
18 proposed facility. Such public hearings shall be conducted so
19 as to provide an opportunity for effective participation by
20 interested persons in the process of transportation planning
21 and site and route selection and in the specific location and
22 design of transportation facilities. The various factors
23 involved in the decision or decisions and any alternative
24 proposals shall be clearly presented so that the persons
25 attending the hearing may present their views relating to the
26 decision or decisions which will be made.
27 (c) Opportunity for design hearings:
28 1. The department, prior to holding a design hearing,
29 shall duly notice all affected property owners of record, as
30 recorded in the property appraiser's office, by mail at least
31 20 days prior to the date set for the hearing. The affected
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 property owners shall be:
2 a. Those whose property lies in whole or in part
3 within 300 feet on either side of the centerline of the
4 proposed facility.
5 b. Those who the department determines will be
6 substantially affected environmentally, economically,
7 socially, or safetywise.
8 2. For each subsequent hearing, the department shall
9 daily publish notice at least 14 days immediately prior to the
10 hearing date in a newspaper of general circulation for the
11 area affected.
12 3. A copy of the notice of opportunity for the hearing
13 shall be furnished to the United States Department of
14 Transportation and to the appropriate departments of the state
15 government at the time of publication.
16 4. The opportunity for another hearing shall be
17 afforded in any case when proposed locations or designs are so
18 changed from those presented in the notices specified above or
19 at a hearing as to have a substantially different social,
20 economic, or environmental effect.
21 5. The opportunity for a hearing shall be afforded in
22 each case in which the department is in doubt as to whether a
23 hearing is required.
24 Section 33. Section 339.175, Florida Statutes, 1998
25 Supplement, is amended to read:
26 339.175 Metropolitan planning organization.--It is the
27 intent of the Legislature to encourage and promote the safe
28 and efficient management, operation, and development of
29 surface transportation systems embracing various modes of
30 transportation in a manner that will serve maximize the
31 mobility needs of people and freight goods within and through
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 urbanized areas of this state while minimizing and minimize,
2 to the maximum extent feasible, and together with applicable
3 regulatory government agencies, transportation-related fuel
4 consumption and air pollution. To accomplish these
5 objectives, metropolitan planning organizations, referred to
6 in this section as M.P.O.'s, shall develop, in cooperation
7 with the state and public transit operators, transportation
8 plans and programs for metropolitan areas. The plans and
9 programs for each metropolitan area shall provide for the
10 development and integrated management and operation of
11 transportation systems and facilities, including pedestrian
12 walkways and bicycle transportation facilities, that will
13 function as an intermodal transportation system for the
14 metropolitan area. Such plans and programs must provide for
15 the development of transportation facilities that will
16 function as an intermodal transportation system for the
17 metropolitan area. The process for developing such plans and
18 programs shall provide for consideration of all modes of
19 transportation and shall be continuing, cooperative, and
20 comprehensive, to the degree appropriate, based on the
21 complexity of the transportation problems to be addressed.
22 (1) DESIGNATION.--
23 (a)1. An M.P.O. shall be designated for each urbanized
24 area of the state. Such designation shall be accomplished by
25 agreement between the Governor and units of general-purpose
26 local government representing at least 75 percent of the
27 population of the urbanized area; however, the unit of
28 general-purpose local government that represents the central
29 city or cities within the M.P.O. jurisdiction, as defined by
30 the United States Bureau of the Census, must be a party to
31 such agreement.
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 2. More than one M.P.O. may be designated within an
2 existing metropolitan planning urbanized area only if the
3 Governor and the existing M.P.O. determine determines that the
4 size and complexity of the existing metropolitan planning area
5 make justifies the designation of more than one M.P.O. for the
6 area appropriate multiple M.P.O.'s.
7 (b) Each M.P.O. shall be created and operated under
8 the provisions of this section pursuant to an interlocal
9 agreement entered into pursuant to s. 163.01. The signatories
10 to the interlocal agreement shall be the department and the
11 governmental entities designated by the Governor for
12 membership on the M.P.O. If there is a conflict between this
13 section and s. 163.01, this section prevails.
14 (c) The jurisdictional boundaries of an M.P.O. is the
15 metropolitan planning area which is shall be determined by
16 agreement between the Governor and the applicable M.P.O. Each
17 metropolitan planning area shall encompass at least the
18 existing urbanized area and the contiguous area expected to
19 become urbanized within a 20-year forecast period The
20 boundaries must include, at a minimum, the metropolitan area
21 and may encompass include the entire metropolitan statistical
22 area or the consolidated metropolitan statistical area as
23 defined by the United States Department of Commerce, Bureau of
24 the Census.
25 (d) In the case of an urbanized area designated as a
26 nonattainment area for ozone or carbon monoxide under the
27 Clean Air Act, 42 U.S.C. s. 7401 et seq., the boundaries of
28 the metropolitan planning area in existence as of the date of
29 enactment of this paragraph shall be retained, except that the
30 boundaries may be adjusted by agreement of the Governor and
31 affected metropolitan planning organizations in the manner
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 described in this subsection. If more than one M.P.O. has
2 authority within a metropolitan area or an area that is
3 designated as a nonattainment area, each M.P.O. shall consult
4 with other M.P.O.'s designated for such area and with the
5 state in the coordination of plans and programs required by
6 this section.
7
8 Each M.P.O. required under this section must be fully
9 operative no later than 6 months following its designation.
10 (2) VOTING MEMBERSHIP.--
11 (a) The voting membership of an M.P.O. shall consist
12 of not fewer than 5 or more than 19 apportioned members, the
13 exact number to be determined on an equitable
14 geographic-population ratio basis by the Governor, based on an
15 agreement among the affected units of general-purpose local
16 government as required by federal rules and regulations. The
17 Governor, in accordance with 23 U.S.C. s. 134, as amended by
18 the Intermodal Surface Transportation Efficiency Act of 1991,
19 may also provide for M.P.O. members who represent
20 municipalities to alternate with representatives from other
21 municipalities within the metropolitan planning designated
22 urban area that do not have members on the M.P.O. County
23 commission members shall compose not less than one-third of
24 the M.P.O. membership, except for an M.P.O. with more than 15
25 members located in a county with a five-member county
26 commission or an M.P.O. with 19 members located in a county
27 with no more than 6 county commissioners, in which case county
28 commission members may compose less than one-third percent of
29 the M.P.O. membership, but all county commissioners must be
30 members. All voting members shall be elected officials of
31 general-purpose governments, except that an M.P.O. may
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 include, as part of its apportioned voting members, a member
2 of a statutorily authorized planning board or an official of
3 an agency that operates or administers a major mode of
4 transportation. In metropolitan areas in which authorities or
5 other agencies have been, or may be, created by law to perform
6 transportation functions that are not under the jurisdiction
7 of a general-purpose local government represented on the
8 M.P.O., they shall be provided voting membership on the M.P.O.
9 The county commission shall compose not less than 20 percent
10 of the M.P.O. membership if an official of an agency that
11 operates or administers a major mode of transportation has
12 been appointed to an M.P.O.
13 (b) In metropolitan areas in which authorities or
14 other agencies have been, or may be, created by law to perform
15 transportation functions that are not under the jurisdiction
16 of a general-purpose local government represented on the
17 M.P.O., they shall be provided voting membership on the M.P.O.
18 In all other M.P.O.'s, where transportation authorities or
19 agencies are to be represented by elected officials from
20 general purpose local governments, the M.P.O. shall establish
21 a process by which the collective interests of such
22 authorities or other agencies are expressed and conveyed.
23 (c)(b) Any other provision of this section to the
24 contrary notwithstanding, any county chartered under s. 6(e),
25 Art. VIII of the State Constitution may elect to have its
26 county commission serve as the M.P.O., if the M.P.O.
27 jurisdiction is wholly contained within the county. Any
28 charter county that elects to exercise the provisions of this
29 paragraph shall so notify the Governor in writing. Upon
30 receipt of such notification, the Governor must designate the
31 county commission as the M.P.O. The Governor must appoint
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 four additional voting members to the M.P.O., one of whom must
2 be an elected official representing a municipality within the
3 county, one of whom must be an expressway authority member,
4 one of whom must be a person who does not hold elected public
5 office and who resides in the unincorporated portion of the
6 county, and one of whom must be a school board member.
7 (3) APPORTIONMENT.--
8 (a) The Governor shall, with the agreement of the
9 affected units of general-purpose local government as required
10 by federal rules and regulations, apportion the membership on
11 the applicable M.P.O. among the various governmental entities
12 within the area and shall prescribe a method for appointing
13 alternate members who may vote at any M.P.O. meeting that an
14 alternate member attends in place of a regular member. An
15 appointed alternate member must be an elected official serving
16 the same governmental entity or a general-purpose local
17 government with jurisdiction within all or part of the area
18 that the regular member serves. The governmental entity so
19 designated shall appoint the appropriate number of members to
20 the M.P.O. from eligible officials. Representatives of the
21 department shall serve as nonvoting members of the M.P.O.
22 Nonvoting advisers may be appointed by the M.P.O. as deemed
23 necessary. The Governor shall review the composition of the
24 M.P.O. membership at least every 5 years and reapportion it as
25 necessary to comply with subsection (2).
26 (b) Except for members who represent municipalities on
27 the basis of alternating with representatives from other
28 municipalities that do not have members on the M.P.O. as
29 provided in paragraph (2)(a), the members of an M.P.O. shall
30 serve 4-year terms. Members who represent municipalities on
31 the basis of alternating with representatives from other
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Amendment No. (for drafter's use only)
1 municipalities that do not have members on the M.P.O. as
2 provided in paragraph (2)(a) may serve terms of up to 4 years
3 as further provided in the interlocal agreement described in
4 paragraph (1)(b). The membership of a member who is a public
5 official automatically terminates upon the member's leaving
6 his or her elective or appointive office for any reason, or
7 may be terminated by a majority vote of the total membership
8 of a county or city governing entity represented by the
9 member. A vacancy shall be filled by the original appointing
10 entity. A member may be reappointed for one or more
11 additional 4-year terms.
12 (c) If a governmental entity fails to fill an assigned
13 appointment to an M.P.O. within 60 days after notification by
14 the Governor of its duty to appoint, that appointment shall be
15 made by the Governor from the eligible representatives of that
16 governmental entity.
17 (4) AUTHORITY AND RESPONSIBILITY.--The authority and
18 responsibility of an M.P.O. is to manage a continuing,
19 cooperative, and comprehensive transportation planning process
20 that results in the development of plans and programs which
21 are consistent, to the maximum extent feasible, with the
22 approved local government comprehensive plans of the units of
23 local government the boundaries of which are within the
24 metropolitan area of the M.P.O. An M.P.O. shall be the forum
25 for cooperative decisionmaking by officials of the affected
26 governmental entities in the development of the plans and
27 programs required by subsections (5), (6), (7), and (8).
28 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
29 privileges, and authority of an M.P.O. are those specified in
30 this section or incorporated in an interlocal agreement
31 authorized under s. 163.01. Each M.P.O. shall perform all
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Amendment No. (for drafter's use only)
1 acts required by federal or state laws or rules, now and
2 subsequently applicable, which are necessary to qualify for
3 federal aid. It is the intent of this section that each M.P.O.
4 shall be involved in the planning and programming of
5 transportation facilities, including, but not limited to,
6 airports, intercity and high-speed rail lines, seaports, and
7 intermodal facilities, to the extent permitted by state or
8 federal law.
9 (a) Each M.P.O. shall, in cooperation with the
10 department, develop:
11 1. A long-range transportation plan pursuant to the
12 requirements of subsection (6);
13 2. An annually updated transportation improvement
14 program pursuant to the requirements of subsection (7); and
15 3. An annual unified planning work program pursuant to
16 the requirements of subsection (8).
17 (b) In developing the long-range transportation plan
18 and the transportation improvement program required under
19 paragraph (a), each M.P.O. shall provide for consideration of
20 projects and strategies that will must, at a minimum,
21 consider:
22 1. Support the economic vitality of the metropolitan
23 area, especially by enabling global competitiveness,
24 productivity, and efficiency.
25 2. Increase the safety and security of the
26 transportation system for motorized and nonmotorized users.
27 3. Increase the accessibility and mobility options
28 available to people and for freight.
29 4. Protect and enhance the environment, promote energy
30 conservation, and improve quality of life.
31 5. Enhance the integration and connectivity of the
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Amendment No. (for drafter's use only)
1 transportation system, across and between modes, for people
2 and freight.
3 6. Promote efficient system management and operation.
4 7. Emphasize the preservation of the existing
5 transportation system.
6 (c) Additionally, each M.P.O. shall consider:
7 1. The preservation of existing transportation
8 facilities and, where practical, ways to meet transportation
9 needs by using existing facilities more efficiently;
10 1.2. The consistency of transportation planning with
11 applicable federal, state, and local energy conservation
12 programs, goals, and objectives;
13 3. The need to relieve congestion and prevent
14 congestion from occurring where it does not yet occur;
15 2.4. The likely effect of transportation policy
16 decisions on land use and development and the consistency of
17 transportation plans and programs with all applicable
18 short-term and long-term land use and development plans;
19 5. The programming of transportation enhancement
20 activities as required by federal law;
21 6. The effect of all transportation projects to be
22 undertaken in the metropolitan area, without regard to whether
23 such projects are publicly funded;
24 7. The provision of access to seaports, airports,
25 intermodal transportation facilities, major freight
26 distribution routes, national and state parks, recreation
27 areas, monuments and historic sites, and military
28 installations;
29 8. The need for roads within the metropolitan area to
30 efficiently connect with roads outside the metropolitan area;
31 9. The transportation needs identified through the use
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Amendment No. (for drafter's use only)
1 of transportation management systems required by federal or
2 state law;
3 3.10. The preservation of rights-of-way for
4 construction of future transportation projects, including the
5 identification of unused rights-of-way that may be needed for
6 future transportation corridors and the identification of
7 corridors for which action is most needed to prevent
8 destruction or loss;
9 11. Any available methods to enhance the efficient
10 movement of freight;
11 12. The use of life-cycle costs in the design and
12 engineering of bridges, tunnels, or pavement;
13 4.13. The overall social, economic, energy, and
14 environmental effects of transportation decisions; and
15 5.14. Any available methods to expand or enhance
16 transit services and increase the use of such services; and
17 15. The possible allocation of capital investments to
18 increase security for transit systems.
19 (d)(c) In order to provide recommendations to the
20 department and local governmental entities regarding
21 transportation plans and programs, each M.P.O. shall:
22 1. Prepare a congestion management system for the
23 metropolitan area and cooperate with the department in the
24 development of all other transportation management systems
25 required by state or federal law;
26 2. Assist the department in mapping transportation
27 planning boundaries required by state or federal law;
28 3. Assist the department in performing its duties
29 relating to access management, functional classification of
30 roads, and data collection;
31 4. Execute all agreements or certifications necessary
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Amendment No. (for drafter's use only)
1 to comply with applicable state or federal law;
2 5. Represent all the jurisdictional areas within the
3 metropolitan area in the formulation of transportation plans
4 and programs required by this section; and
5 6. Perform all other duties required by state or
6 federal law.
7 (e)(d) Each M.P.O. shall appoint a technical advisory
8 committee that includes planners; engineers; representatives
9 of local aviation authorities, port authorities, and public
10 transit authorities or representatives of aviation
11 departments, seaport departments, and public transit
12 departments of municipal or county governments, as applicable;
13 the school superintendent of each county within the
14 jurisdiction of the M.P.O. or the superintendent's designee;
15 and other appropriate representatives of affected local
16 governments. In addition to any other duties assigned to it by
17 the M.P.O. or by state or federal law, the technical advisory
18 committee is responsible for identifying projects contained in
19 the long-range plan or transportation improvement program
20 which deserve to be classified as a school safety concern.
21 Upon receipt of the recommendation from the technical advisory
22 committee that a project should be so classified, the M.P.O.
23 must vote on whether to classify a particular project as a
24 school safety concern. If the M.P.O. votes that a project
25 should be classified as a school safety concern, the local
26 governmental entity responsible for the project must consider
27 at least two alternatives before making a decision about
28 project location or alignment.
29 (f)(e)1. Each M.P.O. shall appoint a citizens'
30 advisory committee, the members of which serve at the pleasure
31 of the M.P.O. The membership on the citizens' advisory
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Amendment No. (for drafter's use only)
1 committee must reflect a broad cross section of local
2 residents with an interest in the development of an efficient,
3 safe, and cost-effective transportation system. Minorities,
4 the elderly, and the handicapped must be adequately
5 represented.
6 2. Notwithstanding the provisions of subparagraph 1.,
7 an M.P.O. may, with the approval of the department and the
8 applicable federal governmental agency, adopt an alternative
9 program or mechanism to ensure citizen involvement in the
10 transportation planning process.
11 (g)(f) The department shall allocate to each M.P.O.,
12 for the purpose of accomplishing its transportation planning
13 and programming duties, an appropriate amount of federal
14 transportation planning funds.
15 (h)(g) Each M.P.O. may employ personnel or may enter
16 into contracts with local or state agencies, private planning
17 firms, or private engineering firms to accomplish its
18 transportation planning and programming duties required by
19 state or federal law.
20 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
21 develop a long-range transportation plan that addresses at
22 least a 20-year planning horizon. The plan must include both
23 long-range and short-range strategies and must comply with all
24 other state and federal requirements. The long-range
25 transportation plan must be consistent, to the maximum extent
26 feasible, with future land use elements and the goals,
27 objectives, and policies of the approved local government
28 comprehensive plans of the units of local government located
29 within the jurisdiction of the M.P.O. The approved long-range
30 transportation plan must be considered by local governments in
31 the development of the transportation elements in local
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Amendment No. (for drafter's use only)
1 government comprehensive plans and any amendments thereto. The
2 long-range transportation plan must, at a minimum:
3 (a) Identify transportation facilities, including, but
4 not limited to, major roadways, airports, seaports, commuter
5 rail systems, transit systems, and intermodal or multimodal
6 terminals that will function as an integrated metropolitan
7 transportation system. The long-range transportation plan
8 must give emphasis to those transportation facilities that
9 serve national, statewide, or regional functions, and must
10 consider the goals and objectives identified in the Florida
11 Transportation Plan as provided in s. 339.155. If a project is
12 located within the boundaries of more than one M.P.O., the
13 M.P.O.'s shall coordinate plans regarding the project in the
14 long-range transportation plan.
15 (b) Include a financial plan that demonstrates how the
16 plan can be implemented, indicating resources from public and
17 private sources which are reasonably expected to be available
18 to carry out the plan, and recommends any additional financing
19 strategies for needed projects and programs. The financial
20 plan may include, for illustrative purposes, additional
21 projects that would be included in the adopted long-range
22 transportation plan if reasonable additional resources beyond
23 those identified in the financial plan were available. For the
24 purpose of developing the long-range transportation plan, the
25 M.P.O. and the department shall cooperatively develop
26 estimates of funds that will be available to support plan
27 implementation. Innovative financing techniques that may be
28 used to fund needed projects and programs. Such techniques
29 may include the assessment of tolls, the use of value capture
30 financing, or the use of value congestion pricing.
31 (c) Assess capital investment and other measures
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Amendment No. (for drafter's use only)
1 necessary to:
2 1. Ensure the preservation of the existing
3 metropolitan transportation system including requirements for
4 the operation, resurfacing, restoration, and rehabilitation of
5 major roadways and requirements for the operation,
6 maintenance, modernization, and rehabilitation of public
7 transportation facilities; and
8 2. Make the most efficient use of existing
9 transportation facilities to relieve vehicular congestion and
10 maximize the mobility of people and goods.
11 (d) Indicate, as appropriate, proposed transportation
12 enhancement activities, including, but not limited to,
13 pedestrian and bicycle facilities, scenic easements,
14 landscaping, historic preservation, mitigation of water
15 pollution due to highway runoff, and control of outdoor
16 advertising.
17 (e) In addition to the requirements of paragraphs
18 (a)-(d), in metropolitan areas that are classified as
19 nonattainment areas for ozone or carbon monoxide, the M.P.O.
20 must coordinate the development of the long-range
21 transportation plan with the State Implementation Plan
22 developed pursuant to the requirements of the federal Clean
23 Air Act.
24
25 In the development of its long-range transportation plan, each
26 M.P.O. must provide citizens, affected public agencies,
27 representatives of transportation agency employees, freight
28 shippers, providers of freight transportation services,
29 private providers of transportation, representatives of users
30 of public transit, and other interested parties, and members
31 of the general public with a reasonable opportunity to comment
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Amendment No. (for drafter's use only)
1 on the long-range transportation plan. The long-range
2 transportation plan must be approved by the M.P.O.
3 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
4 shall, in cooperation with the state and affected public
5 transportation operators, develop a transportation improvement
6 program for the area within the jurisdiction of the M.P.O. In
7 the development of the transportation improvement program,
8 each M.P.O. must provide citizens, affected public transit
9 agencies, representatives of transportation agency employees,
10 freight shippers, providers of freight transportation
11 services, private providers of transportation, representatives
12 of users of public transit, and other interested parties, and
13 members of the general public with a reasonable opportunity to
14 comment on the proposed transportation improvement program.
15 (a) Each M.P.O. is responsible for developing,
16 annually, a list of project priorities and a transportation
17 improvement program. The transportation improvement program
18 will be used to initiate federally aided transportation
19 facilities and improvements as well as other transportation
20 facilities and improvements including transit, rail, aviation,
21 and port facilities to be funded from the State Transportation
22 Trust Fund within its metropolitan area in accordance with
23 existing and subsequent federal and state laws and rules and
24 regulations related thereto. The transportation improvement
25 program shall be consistent, to the maximum extent feasible,
26 with the approved local government comprehensive plans of the
27 units of local government whose boundaries are within the
28 metropolitan area of the M.P.O.
29 (b) Each M.P.O. annually shall prepare a list of
30 project priorities and shall submit the list to the
31 appropriate district of the department by October 1 of each
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Amendment No. (for drafter's use only)
1 year; however, the department and a metropolitan planning
2 organization may, in writing, agree to vary this submittal
3 date. The list of project priorities must be formally reviewed
4 by the technical and citizens' advisory committees, and
5 approved by the M.P.O., before it is transmitted to the
6 district. The approved list of project priorities must be used
7 by the district in developing the district work program and
8 must be used by the M.P.O. in developing its transportation
9 improvement program. The annual list of project priorities
10 must be based upon project selection criteria that, at a
11 minimum, consider the following:
12 1. The approved M.P.O. long-range transportation plan;
13 2. The results of the transportation management
14 systems; and
15 3. The M.P.O.'s public-involvement procedures.
16 (c) The transportation improvement program must, at a
17 minimum:
18 1. Include projects and project phases to be funded
19 with state or federal funds within the time period of the
20 transportation improvement program and which are recommended
21 for advancement during the next fiscal year and 4 subsequent
22 fiscal years. Such projects and project phases must be
23 consistent, to the maximum extent feasible, with the approved
24 local government comprehensive plans of the units of local
25 government located within the jurisdiction of the M.P.O. For
26 informational purposes, the transportation improvement program
27 shall also include a list of projects to be funded from local
28 or private revenues.
29 2. Include projects within the metropolitan area which
30 are proposed for funding under 23 U.S.C. s. 134 of the Federal
31 Transit Act and which are consistent with the long-range
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Amendment No. (for drafter's use only)
1 transportation plan developed under subsection (6).
2 3. Provide a financial plan that demonstrates how the
3 transportation improvement program can be implemented;
4 indicates the resources, both public and private, that are
5 reasonably expected to be available to accomplish the program;
6 identifies and recommends any innovative financing techniques
7 that may be used to fund needed projects and programs; and may
8 include, for illustrative purposes, additional projects that
9 would be included in the approved transportation improvement
10 program if reasonable additional resources beyond those
11 identified in the financial plan were available. Innovative
12 financing Such techniques may include the assessment of tolls,
13 the use of value capture financing, or the use of value
14 congestion pricing. The transportation improvement program
15 shall may include a project or project phase only if full
16 funding can reasonably be anticipated to be available for the
17 project or project phase within the time period contemplated
18 for completion of the project or project phase.
19 4. Group projects and project phases of similar
20 urgency and anticipated staging into appropriate staging
21 periods.
22 5. Indicate how the transportation improvement program
23 relates to the long-range transportation plan developed under
24 subsection (6), including providing examples of specific
25 projects or project phases that further the goals and policies
26 of the long-range transportation plan.
27 6. Indicate whether any project or project phase is
28 inconsistent with an approved comprehensive plan of a unit of
29 local government located within the jurisdiction of the M.P.O.
30 If a project is inconsistent with an affected comprehensive
31 plan, the M.P.O. must provide justification for including the
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Amendment No. (for drafter's use only)
1 project in the transportation improvement program.
2 7. Indicate how the improvements are consistent, to
3 the maximum extent feasible, with affected seaport and airport
4 master plans and with public transit development plans of the
5 units of local government located within the jurisdiction of
6 the M.P.O. If a project is located within the boundaries of
7 more than one M.P.O., the M.P.O.'s shall coordinate plans
8 regarding the project in the transportation improvement
9 program.
10 (d) Projects included in the transportation
11 improvement program and that have advanced to the design stage
12 of preliminary engineering may be removed from or rescheduled
13 in a subsequent transportation improvement program only by the
14 joint action of the M.P.O. and the department. Except when
15 recommended in writing by the district secretary for good
16 cause, any project removed from or rescheduled in a subsequent
17 transportation improvement program shall not be rescheduled by
18 the M.P.O. in that subsequent program earlier than the 5th
19 year of such program.
20 (e) During development of the transportation
21 improvement program, the M.P.O. shall, in cooperation with the
22 department and any affected public transit operation, provide
23 citizens, affected public agencies, representatives of
24 transportation agency employees, freight shippers, providers
25 of freight transportation services, private providers of
26 transportation, representatives of users of public transit,
27 and other interested parties with reasonable notice of and an
28 opportunity to comment on the proposed program.
29 (f)(e) The adopted annual transportation improvement
30 program for M.P.O.'s in nonattainment or maintenance areas
31 must be submitted to the district secretary and the Department
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Amendment No. (for drafter's use only)
1 of Community Affairs at least 90 days before the submission of
2 the state transportation improvement program by the department
3 to the appropriate federal agencies. The annual transportation
4 improvement program for M.P.O.'s in attainment areas must be
5 submitted to the district secretary and the Department of
6 Community Affairs at least 45 days before the department
7 submits the state transportation improvement program to the
8 appropriate federal agencies; however, the department, the
9 Department of Community Affairs, and a metropolitan planning
10 organization may, in writing, agree to vary this submittal
11 date. The Governor or the Governor's designee shall review
12 and approve each transportation improvement program and any
13 amendments thereto.
14 (g)(f) The Department of Community Affairs shall
15 review the annual transportation improvement program of each
16 M.P.O. for consistency with the approved local government
17 comprehensive plans of the units of local government whose
18 boundaries are within the metropolitan area of each M.P.O. and
19 shall identify those projects that are inconsistent with such
20 comprehensive plans. The Department of Community Affairs shall
21 notify an M.P.O. of any transportation projects contained in
22 its transportation improvement program which are inconsistent
23 with the approved local government comprehensive plans of the
24 units of local government whose boundaries are within the
25 metropolitan area of the M.P.O.
26 (h) The M.P.O. shall annually publish or otherwise
27 make available for public review the annual listing of
28 projects for which federal funds have been obligated in the
29 preceding year. Project monitoring systems shall be maintained
30 by those agencies responsible for obligating federal funds and
31 made accessible to the M.P.O.'s.
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Amendment No. (for drafter's use only)
1 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2 develop, in cooperation with the department and public
3 transportation providers, a unified planning work program that
4 lists all planning tasks to be undertaken during the program
5 year. The unified planning work program must provide a
6 complete description of each planning task and an estimated
7 budget therefor and must comply with applicable state and
8 federal law.
9 (9) AGREEMENTS.--
10 (a) Each M.P.O. shall execute the following written
11 agreements, which shall be reviewed, and updated as necessary,
12 every 5 years:
13 1. An agreement with the department clearly
14 establishing the cooperative relationship essential to
15 accomplish the transportation planning requirements of state
16 and federal law.
17 2. An agreement with the metropolitan and regional
18 intergovernmental coordination and review agencies serving the
19 metropolitan areas, specifying the means by which activities
20 will be coordinated and how transportation planning and
21 programming will be part of the comprehensive planned
22 development of the area.
23 3. An agreement with operators of public
24 transportation systems, including transit systems, commuter
25 rail systems, airports, and seaports, describing the means by
26 which activities will be coordinated and specifying how public
27 transit, commuter rail, aviation, and seaport planning and
28 programming will be part of the comprehensive planned
29 development of the metropolitan area.
30 (b) An M.P.O. may execute other agreements required by
31 state or federal law or as necessary to properly accomplish
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Amendment No. (for drafter's use only)
1 its functions.
2 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
3 COUNCIL.--
4 (a) A Metropolitan Planning Organization Advisory
5 Council is created to augment, and not supplant, the role of
6 the individual M.P.O.'s in the cooperative transportation
7 planning process described in s. 339.155(5).
8 (b) The council shall consist of one representative
9 from each M.P.O. and shall elect a chairperson annually from
10 its number. Each M.P.O. shall also elect an alternate
11 representative from each M.P.O. to vote in the absence of the
12 representative. Members of the council do not receive any
13 compensation for their services, but may be reimbursed from
14 funds made available to council members for travel and per
15 diem expenses incurred in the performance of their council
16 duties as provided in s. 112.061.
17 (c) The powers and duties of the Metropolitan Planning
18 Organization Advisory Council are to:
19 1. Enter into contracts with individuals, private
20 corporations, and public agencies.
21 2. Acquire, own, operate, maintain, sell, or lease
22 personal property essential for the conduct of business.
23 3. Accept funds, grants, assistance, gifts, or
24 bequests from private, local, state, or federal sources.
25 4. Establish bylaws and adopt rules pursuant to ss.
26 120.536(1) and 120.54 to implement provisions of law
27 conferring powers or duties upon it.
28 5. Assist M.P.O.'s in carrying out the urbanized area
29 transportation planning process by serving as the principal
30 forum for collective policy discussion pursuant to law.
31 6. Serve as a clearinghouse for review and comment by
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Amendment No. (for drafter's use only)
1 M.P.O.'s on the Florida Transportation Plan and on other
2 issues required to comply with federal or state law in
3 carrying out the urbanized area transportation and systematic
4 planning processes instituted pursuant to s. 339.155.
5 7. Employ an executive director and such other staff
6 as necessary to perform adequately the functions of the
7 council, within budgetary limitations. The executive director
8 and staff are exempt from part II of chapter 110 and serve at
9 the direction and control of the council. The council is
10 assigned to the Office of the Secretary of the Department of
11 Transportation or for fiscal and accountability purposes, but
12 it shall otherwise function independently of the control and
13 direction of the department.
14 8. Adopt an agency strategic plan that provides the
15 priority directions the agency will take to carry out its
16 mission within the context of the state comprehensive plan and
17 any other statutory mandates and directions given to the
18 agency.
19 (11) APPLICATION OF FEDERAL LAW.--Upon notification by
20 an agency of the Federal Government that any provision of this
21 section conflicts with federal laws or regulations, such
22 federal laws or regulations will take precedence to the extent
23 of the conflict until such conflict is resolved. The
24 department or an M.P.O. may take any necessary action to
25 comply with such federal laws and regulations or to continue
26 to remain eligible to receive federal funds.
27 Section 34. Subsections (8) and (10) of section
28 341.031, Florida Statutes, are amended to read:
29 341.031 Definitions.--As used in ss. 341.011-341.061,
30 the term:
31 (8) "Public transit service development project" means
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Amendment No. (for drafter's use only)
1 a project undertaken by a public agency to determine whether a
2 new or innovative technique or measure can be utilized to
3 improve or expand public transit services to its constituency.
4 The duration of the project shall be limited according to the
5 type of the project in conformance with the provisions of s.
6 341.051(5)(e)(f), but in no case shall exceed a period of 3
7 years. Public transit service development projects
8 specifically include projects involving the utilization of new
9 technologies, services, routes, or vehicle frequencies; the
10 purchase of special transportation services; and other such
11 techniques for increasing service to the riding public as are
12 applicable to specific localities and transit user groups.
13 (10) "Transit corridor project" means a project that
14 is undertaken by a public agency and designed to relieve
15 congestion and improve capacity within an identified
16 transportation corridor by increasing people-carrying capacity
17 of the system through the use and facilitated movement of
18 high-occupancy conveyances. Each transit corridor project
19 must meet the requirements established in s. 341.051(5)(d)(e)
20 and, if applicable, the requirements of the department's major
21 capital investment policy developed pursuant to s.
22 341.051(5)(b). Initial project duration shall not exceed a
23 period of 2 years unless the project is reauthorized by the
24 Legislature. Such reauthorization shall be based upon a
25 determination that the project is meeting or exceeding the
26 criteria, developed pursuant to s. 341.051(5)(d)(e), by which
27 the success of the project is being judged and by inclusion of
28 the project in a departmental appropriation request.
29 Section 35. Subsection (14) is added to section
30 341.041, Florida Statutes, 1998 Supplement, to read:
31 341.041 Transit responsibilities of the
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 department.--The department shall, within the resources
2 provided pursuant to chapter 216:
3 (14) Create and maintain a common self-retention
4 insurance fund to support fixed-guideway projects throughout
5 the state where there is a contractual or legal obligation to
6 have such fund in existence in order to provide fixed-guideway
7 services. The maximum limit of such fund shall be as required
8 by any contractual or legal obligation.
9 Section 36. Subsection (5) of section 341.051, Florida
10 Statutes, is amended to read:
11 341.051 Administration and financing of public transit
12 programs and projects.--
13 (5) FUND PARTICIPATION; CAPITAL ASSISTANCE.--
14 (a) The department may fund up to 50 percent of the
15 nonfederal share of the costs, not to exceed the local share,
16 of any eligible public transit capital project or commuter
17 assistance project that is local in scope; except, however,
18 that departmental participation in the final design,
19 right-of-way acquisition, and construction phases of an
20 individual fixed-guideway project which is not approved for
21 federal funding shall not exceed an amount equal to 12.5
22 percent of the total cost of each phase.
23 (b) The Department of Transportation shall develop a
24 major capital investment policy which shall include policy
25 criteria and guidelines for the expenditure or commitment of
26 state funds for public transit capital projects. The policy
27 shall include the following:
28 1. Methods to be used to determine consistency of a
29 transit project with the approved local government
30 comprehensive plans of the units of local government in which
31 the project is located.
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Amendment No. (for drafter's use only)
1 2. Methods for evaluating the level of local
2 commitment to a transit project, which is to be demonstrated
3 through system planning and the development of a feasible plan
4 to fund operating cost through fares, value capture techniques
5 such as joint development and special districts, or other
6 local funding mechanisms.
7 3. Methods for evaluating alternative transit systems
8 including an analysis of technology and alternative methods
9 for providing transit services in the corridor.
10
11 The department shall present such investment policy to both
12 the Senate Transportation Committee and the House Public
13 Transportation Committee along with recommended legislation by
14 March 1, 1991.
15 (b)(c) The department is authorized to fund up to 100
16 percent of the cost of any eligible transit capital project or
17 commuter assistance project that is statewide in scope or
18 involves more than one county where no other governmental
19 entity or appropriate jurisdiction exists.
20 (c)(d) The department is authorized to advance up to
21 80 percent of the capital cost of any eligible project that
22 will assist Florida's transit systems in becoming fiscally
23 self-sufficient. Such advances shall be reimbursed to the
24 department on an appropriate schedule not to exceed 5 years
25 after the date of provision of the advances.
26 (d)(e) The department is authorized to fund up to 100
27 percent of the capital and net operating costs of statewide
28 transit service development projects or transit corridor
29 projects. All transit service development projects shall be
30 specifically identified by way of a departmental appropriation
31 request, and transit corridor projects shall be identified as
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Amendment No. (for drafter's use only)
1 part of the planned improvements on each transportation
2 corridor designated by the department. The project
3 objectives, the assigned operational and financial
4 responsibilities, the timeframe required to develop the
5 required service, and the criteria by which the success of the
6 project will be judged shall be documented by the department
7 for each such transit service development project or transit
8 corridor project.
9 (e)(f) The department is authorized to fund up to 50
10 percent of the capital and net operating costs of transit
11 service development projects that are local in scope and that
12 will improve system efficiencies, ridership, or revenues. All
13 such projects shall be identified in the appropriation request
14 of the department through a specific program of projects, as
15 provided for in s. 341.041, that is selectively applied in the
16 following functional areas and is subject to the specified
17 times of duration:
18 1. Improving system operations, including, but not
19 limited to, realigning route structures, increasing system
20 average speed, decreasing deadhead mileage, expanding area
21 coverage, and improving schedule adherence, for a period of up
22 to 3 years;
23 2. Improving system maintenance procedures, including,
24 but not limited to, effective preventive maintenance programs,
25 improved mechanics training programs, decreasing service
26 repair calls, decreasing parts inventory requirements, and
27 decreasing equipment downtime, for a period of up to 3 years;
28 3. Improving marketing and consumer information
29 programs, including, but not limited to, automated information
30 services, organized advertising and promotion programs, and
31 signing of designated stops, for a period of up to 2 years;
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 and
2 4. Improving technology involved in overall
3 operations, including, but not limited to, transit equipment,
4 fare collection techniques, electronic data processing
5 applications, and bus locators, for a period of up to 2 years.
6
7 The term "net operating costs" means all operating costs of a
8 project less any federal funds, fares, or other sources of
9 income to the project.
10 Section 37. Subsections (2) through (5) of section
11 341.053, Florida Statutes, are renumbered as subsections (3)
12 through (6), respectively, and a new subsection (2) is added
13 to that section to read:
14 341.053 Intermodal Development Program;
15 administration; eligible projects; limitations.--
16 (2) In recognition of the department's role in the
17 economic development of this state, the department shall
18 develop a proposed intermodal development plan to connect
19 Florida's airports, deepwater seaports, rail systems serving
20 both passenger and freight, and major intermodal connectors to
21 the Florida Intrastate Highway System facilities as the
22 primary system for the movement of people and freight in this
23 state in order to make the intermodal development plan a fully
24 integrated and interconnected system. The intermodal
25 development plan must:
26 (a) Define and assess the state's freight intermodal
27 network, including airports, seaports, rail lines and
28 terminals, and connecting highways.
29 (b) Prioritize statewide infrastructure investments,
30 including the acceleration of current projects, which are
31 found by the Freight Stakeholders Task Force to be priority
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Amendment No. (for drafter's use only)
1 projects for the efficient movement of people and freight.
2 (c) Be developed in a manner that will assure maximum
3 use of existing facilities and optimum integration and
4 coordination of the various modes of transportation, including
5 both government-owned and privately owned resources, in the
6 most cost-effective manner possible.
7 Section 38. Subsections (6) and (8) of section
8 341.302, Florida Statutes, are amended to read:
9 341.302 Rail program, duties and responsibilities of
10 the department.--The department, in conjunction with other
11 governmental units and the private sector, shall develop and
12 implement a rail program of statewide application designed to
13 ensure the proper maintenance, safety, revitalization, and
14 expansion of the rail system to assure its continued and
15 increased availability to respond to statewide mobility needs.
16 Within the resources provided pursuant to chapter 216, and as
17 authorized under Title 49 C.F.R. part 212, the department
18 shall:
19 (6) Secure and administer federal grants, loans, and
20 apportionments for rail projects within this state when
21 necessary to further the statewide program.
22 (8) Conduct, at a minimum, inspections of track and
23 rolling stock, train signals and related equipment, hazardous
24 materials transportation, including the loading, unloading,
25 and labeling of hazardous materials at shipper, receiver, and
26 transfer points, and train operating practices to determine
27 adherence to state and federal standards. Department
28 personnel may enforce any safety regulation issued under the
29 Federal Government's preemptive authority over interstate
30 commerce.
31 Section 39. Section 348.9401, Florida Statutes, is
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Amendment No. (for drafter's use only)
1 amended to read:
2 348.9401 Short title.--This part shall be known and
3 may be cited as the "St. Lucie County Expressway and Bridge
4 Authority Law."
5 Section 40. Subsections (2) and (11) of section
6 348.941, Florida Statutes, are amended to read:
7 348.941 Definitions.--As used in this part, unless the
8 context clearly indicates otherwise, the term:
9 (2) "Authority" means the St. Lucie County Expressway
10 and Bridge Authority.
11 (11) "St. Lucie County Expressway and Bridge System"
12 means:
13 (a) any and all expressways in St. Lucie County and
14 appurtenant facilities thereto, including, but not limited to,
15 all approaches, roads, bridges, and avenues of access for such
16 expressway or expressways; and
17 (b) The Indian River Lagoon Bridge.
18 Section 41. The catchline and subsections (1) and (2)
19 of section 348.942, Florida Statutes, are amended to read:
20 348.942 St. Lucie County and Bridge Expressway
21 Authority.--
22 (1) There is created and established a body politic
23 and corporate, an agency of the state, to be known as the "St.
24 Lucie County Expressway and Bridge Authority," hereinafter
25 referred to as the "authority."
26 (2) The authority shall have the exclusive right to
27 exercise all those powers herein set forth; and no other
28 entity, body, or authority, whether within or without St.
29 Lucie County, may either directly or indirectly exercise any
30 jurisdiction, control, authority, or power in any manner
31 relating to any expressway and bridge system within St. Lucie
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Amendment No. (for drafter's use only)
1 County without either the express consent of the authority or
2 as otherwise provided herein.
3 Section 42. Paragraph (a) of subsection (1) and
4 paragraph (g) of subsection (2) of section 348.943, Florida
5 Statutes, are amended to read:
6 348.943 Purposes and powers.--
7 (1)(a) The authority created and established by the
8 provisions of this part is granted and shall have the right to
9 acquire, hold, construct, improve, maintain, operate, own, and
10 lease the St. Lucie County Expressway and Bridge System,
11 hereinafter referred to as the "system."
12 (2) The authority is granted, and shall have and may
13 exercise, all powers necessary, appurtenant, convenient, or
14 incidental to the carrying out of the aforesaid purposes,
15 including, but not limited to, the following rights and
16 powers:
17 (g)1. To borrow money as provided by the State Bond
18 Act or, in the alternative, pursuant to the provisions of s.
19 348.944(3), and in either case for any purpose of the
20 authority authorized, including the financing or refinancing
21 of the cost of all or any part of the system.
22 2. The authority shall reimburse St. Lucie County for
23 any sums expended, together with interest at the highest rate
24 applicable to the bonds of the authority for which the sums
25 were required, from the St. Lucie County gasoline tax funds
26 for payment of the bonds.
27 Section 43. Section 348.944, Florida Statutes, is
28 amended to read:
29 348.944 Bonds.--
30 (1) Bonds may be issued on behalf of the authority as
31 provided by the State Bond Act.
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Amendment No. (for drafter's use only)
1 (2) As an alternative to subsection (1), the authority
2 may issue its own bonds pursuant to subsection (3) in such
3 principal amounts as, in the opinion of the authority, are
4 necessary to provide sufficient moneys for achieving its
5 corporate purposes, so long as such bonds do not pledge the
6 full faith and credit of the state, St. Lucie County, or any
7 municipality in St. Lucie County.
8 (3) The bonds of the authority issued pursuant to this
9 subsection, whether on original issuance or on refunding,
10 shall be authorized by resolution of the members thereof and
11 may be either term or serial bonds, shall bear such date or
12 dates, mature at such time or times, not exceeding 40 years
13 from their respective dates, bear interest at such rate or
14 rates (not exceeding the maximum lawful rate), fixed or
15 variable, be in such denominations, be in such form, carry
16 such registration, exchangeability, and interchangeability
17 privileges, be payable in such medium of payment and at such
18 place or places, be subject to such terms of redemption, with
19 or without premium, and have such rank and be entitled to such
20 priorities on the revenues, tolls, fees, rentals, or other
21 charges, receipts, or moneys of the authority, including any
22 moneys received pursuant to the terms of any lease-purchase
23 agreement between the authority and the department, as such
24 resolution or any resolution subsequent thereto may provide.
25 The bonds shall be executed either by manual or facsimile
26 signature by such officers as the authority shall determine.
27 The term "bonds" shall include all forms of indebtedness,
28 including notes. The proceeds of any bonds shall be used for
29 such purposes and shall be disbursed in such manner and under
30 such restrictions, if any, as the authority may provide
31 pursuant to resolution. The bonds may also be issued pursuant
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Amendment No. (for drafter's use only)
1 to an indenture of trust or other agreement with such trustee
2 or fiscal agent as may be selected by the authority. The
3 resolution, indenture of trust, or other agreement may contain
4 such provisions securing the bonds as the authority deems
5 appropriate. The principal of and the interest on the bonds
6 shall be payable from such revenues, tolls, fees, rentals, or
7 other charges, receipts, or moneys as determined by the
8 authority pursuant to resolution. The authority may grant a
9 lien upon and pledge such revenues, tolls, fees, rentals, or
10 other charges, receipts, or moneys in favor of the holders of
11 each series of bonds in the manner and to the extent provided
12 by the authority by resolution. Such revenues, tolls, fees,
13 rentals, or other charges, receipts, or moneys shall
14 immediately be subject to such lien without any physical
15 delivery thereof, and such lien shall be valid and binding as
16 against all parties having claims of any kind in tort,
17 contract, or otherwise against the authority.
18 (4) Bonds issued by or on behalf of the authority
19 shall be sold at public sale in the manner provided by the
20 State Bond Act. However, if the authority shall determine by
21 resolution that a negotiated sale of the bonds is in the best
22 interest of the authority, the authority may negotiate for
23 sale of the bonds with the underwriter or underwriters
24 designated by the division in the case of bonds issued
25 pursuant to subsection (1) or the authority in the case of
26 bonds issued pursuant to subsection (3). The authority shall
27 provide a specific finding by resolution as to the reason
28 requiring the negotiated sale. Pending the preparation of
29 definitive bonds, interim certificates may be issued to the
30 purchaser or purchasers of such bonds and may contain such
31 terms and conditions as the authority may determine.
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 Section 44. Section 348.9495, Florida Statutes, is
2 created to read:
3 348.9495 Exemption from taxation.--The effectuation of
4 the authorized purposes of the authority created under this
5 part is, shall, and will be in all respects for the benefit of
6 the people of the state, for the increase of their commerce
7 and prosperity, and for the improvement of their health and
8 living conditions, and, since such authority will be
9 performing essential governmental functions in effectuating
10 such purposes, such authority shall not be required to pay any
11 taxes or assessments of any kind or nature whatsoever upon any
12 property acquired or used by it for such purposes or upon any
13 tolls, fees, rentals, receipts, moneys, or charges at any time
14 received by it, and the bonds issued by the authority, their
15 transfer, and the income therefrom, including any profits made
16 on the sale thereof, shall at all times be free from taxation
17 of any kind by the state or by any political subdivision,
18 taxing agency, or instrumentality thereof. The exemption
19 granted by this section shall not be applicable to any tax
20 imposed by chapter 220 on interest, income, or profits on debt
21 obligations owned by corporations.
22 Section 45. Subsection (10) of section 338.251,
23 Florida Statutes, 1998 Supplement, is amended to read:
24 338.251 Toll Facilities Revolving Trust Fund.--The
25 Toll Facilities Revolving Trust Fund is hereby created for the
26 purpose of encouraging the development and enhancing the
27 financial feasibility of revenue-producing road projects
28 undertaken by local governmental entities in a county or
29 combination of contiguous counties.
30 (10) Any repayment of prior or future advances made
31 from the State Transportation Trust Fund which were used to
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Amendment No. (for drafter's use only)
1 fund any project phase of a toll facility, shall be deposited
2 in the Toll Facilities Revolving Trust Fund. However, when
3 funds advanced to the Seminole County Expressway Authority
4 pursuant to this section are repaid to the Toll Facilities
5 Revolving Trust Fund by or on behalf of the Seminole County
6 Expressway Authority, those funds shall thereupon and
7 forthwith be appropriated for and advanced to the Seminole
8 County Expressway Authority for funding the design of and the
9 advanced right-of-way acquisition for that segment of the
10 Seminole County Expressway extending from U.S. Highway 17/92
11 to Interstate Highway 4. Notwithstanding subsection (6), when
12 funds previously advanced to the Orlando-Orange County
13 Expressway Authority are repaid to the Toll Facilities
14 Revolving Trust Fund by or on behalf of the Orlando-Orange
15 County Expressway Authority, those funds may thereupon and
16 forthwith be appropriated for and advanced to the Seminole
17 County Expressway Authority for funding that segment of the
18 Seminole County Expressway extending from U.S. Highway 17/92
19 to Interstate Highway 4. Any funds advanced to the
20 Tampa-Hillsborough County Expressway Authority under this
21 section which have been or will be repaid on or after July 1,
22 1998, to the Toll Facilities Revolving Trust Fund by or on
23 behalf of the Tampa-Hillsborough County Expressway Authority,
24 shall be appropriated for and advanced to the
25 Tampa-Hillsborough County Expressway Authority for funding the
26 design of and the advanced right-of-way acquisition for the
27 Brandon area feeder roads, capital improvements to increase
28 capacity to the expressway system, and the Lee Roy Selmon
29 Crosstown Expressway System widening as authorized under s.
30 348.565.
31 Section 46. Section 373.4137, Florida Statutes, is
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 amended to read:
2 373.4137 Mitigation requirements.--
3 (1) The Legislature finds that environmental
4 mitigation for the impact of transportation projects proposed
5 by the Department of Transportation can be more effectively
6 achieved by regional, long-range mitigation planning rather
7 than on a project-by-project basis. It is the intent of the
8 Legislature that mitigation to offset the adverse effects of
9 these transportation projects be funded by the Department of
10 Transportation and be carried out by the Department of
11 Environmental Protection and the water management districts,
12 including the use of mitigation banks established pursuant to
13 this part.
14 (2) Environmental impact inventories for
15 transportation projects proposed by the Department of
16 Transportation shall be developed as follows:
17 (a) By May 1 of each year Beginning July 1996, the
18 Department of Transportation shall submit annually to the
19 Department of Environmental Protection and the water
20 management districts a copy of its tentative adopted work
21 program and an inventory of habitats addressed in the rules
22 adopted pursuant to this part and s. 404 of the Clean Water
23 Act, 33 U.S.C. s. 1344, which may be impacted by its plan of
24 construction for transportation projects in the next first 3
25 years of the adopted work program. The Department of
26 Transportation may also include in its inventory the habitat
27 impacts of any future transportation project identified in the
28 tentative work program For the July 1996 submittal, the
29 inventory may exclude those projects which have received
30 permits pursuant to this part and s. 404 of the Clean Water
31 Act, 33 U.S.C. s. 1344, projects for which mitigation planning
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Amendment No. (for drafter's use only)
1 or design has commenced, or projects for which mitigation has
2 been implemented in anticipation of future permitting needs.
3 (b) The environmental impact inventory shall include a
4 description of these habitat impacts, including their
5 location, acreage, and type; state water quality
6 classification of impacted wetlands and other surface waters;
7 any other state or regional designations for these habitats;
8 and a survey of threatened species, endangered species, and
9 species of special concern affected by the proposed project.
10 (3) To fund the mitigation plan for the projected
11 impacts identified in the inventory described in subsection
12 (2), beginning July 1, 1997, the Department of Transportation
13 shall identify funds quarterly in an escrow account within the
14 State Transportation Trust Fund for the environmental
15 mitigation phase of projects budgeted by the Department of
16 Transportation for the current fiscal year. The escrow account
17 will be maintained established by the Department of
18 Transportation for the benefit of the Department of
19 Environmental Protection and the water management districts.
20 Any interest earnings from the escrow account shall remain
21 with be returned to the Department of Transportation. The
22 Department of Environmental Protection or water management
23 districts may shall request a transfer of funds from the
24 escrow account to the Ecosystem Management and Restoration
25 Trust Fund no sooner than 30 days prior to the date the funds
26 are needed to pay for activities associated with development
27 or implementation of the approved mitigation plan described in
28 subsection (4) for the current fiscal year, including, but not
29 limited to, design, engineering, production, and staff
30 support. Actual conceptual plan preparation costs incurred
31 prior to plan approval may be submitted to the Department of
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Amendment No. (for drafter's use only)
1 Transportation and the Department of Environmental Protection
2 by November 1 of each year with the plan. The conceptual plan
3 preparation costs of each water management district will be
4 paid based on the amount approved on the mitigation plan and
5 allocated to the current fiscal year projects identified by
6 the water management district contained in the mitigation
7 programs. The amount transferred to the escrow account each
8 year by the Department of Transportation shall correspond to a
9 cost per acre of $75,000 multiplied by the projected acres of
10 impact identified in the inventory described in subsection (2)
11 within the water management district for that year. The water
12 management district may draw from the trust fund no sooner
13 than 30 days prior to the date funds are needed to pay for
14 activities associated with development or implementation of
15 the mitigation plan described in subsection (4). However, the
16 $75,000 cost per acre does not constitute an admission against
17 interest against the state or its subdivisions nor is the cost
18 admissible as evidence of full compensation for any property
19 acquired by eminent domain or through inverse condemnation.
20 Each May July 1, beginning in 1998, the cost per acre shall be
21 adjusted by the percentage change in the average of the
22 Consumer Price Index issued by the United States Department of
23 Labor for the most recent 12-month period ending September 30,
24 compared to the base year average, which is the average for
25 the 12-month period ending September 30, 1996. At the end of
26 each year, the projected acreage of impact shall be reconciled
27 with the acreage of impact of projects as permitted, including
28 permit modification, pursuant to this part and s. 404 of the
29 Clean Water Act, 33 U.S.C. s. 1344., and The subject following
30 year's transfer of funds shall be adjusted accordingly to
31 reflect the over transfer or under transfer of funds from the
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Amendment No. (for drafter's use only)
1 preceding year. The Department of Transportation Environmental
2 Protection is authorized to transfer such funds from the
3 escrow account Ecosystem Management and Restoration Trust Fund
4 to the Department of Environmental Protection and the water
5 management districts to carry out the mitigation 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, or 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 pursuant to s. 373.4136 and
29 associated federal authorization under this part and shall
30 include such purchase as a part of the mitigation plan when
31 such purchase would offset the impact of the transportation
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Amendment No. (for drafter's use only)
1 project, provide equal benefits to the water resources than
2 other mitigation options being considered, and provide the
3 most cost-effective mitigation option. The mitigation plan
4 shall be preliminarily approved by the water management
5 district governing board and shall be submitted to the
6 secretary of the Department of Environmental Protection for
7 review and final approval. The preliminary approval by the
8 water management district governing board does not constitute
9 a decision which affects substantial interests as provided by
10 s. 120.569. At least 30 days prior to preliminary approval,
11 the water management district shall provide a copy of the
12 draft mitigation plan to 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 shall
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 if:
30 1. that The inclusion of such projects would hamper
31 the efficiency or timeliness of the mitigation planning and
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Amendment No. (for drafter's use only)
1 permitting process; or
2 2. The Department of Environmental Protection and the
3 water management district are unable to identify mitigation
4 that would offset the impacts of the project.
5 (c) Surface water improvement and management or
6 invasive plant control projects undertaken using the $12
7 million advance transferred from the Department of
8 Transportation to the Department of Environmental Protection
9 in fiscal year 1996-1997 which meet the requirements for
10 mitigation under this part and 33 U.S.C. s. 1344 shall remain
11 available for mitigation until the $12 million is fully
12 credited up to and including fiscal year 2004-2005. When these
13 projects are used as mitigation, the $12 million advance shall
14 be reduced by $75,000 per acre of impact mitigated. For any
15 fiscal year through and including fiscal year 2004-2005, to
16 the extent the cost of developing and implementing the
17 mitigation plans is less than the amount transferred pursuant
18 to subsection (3), the difference shall be credited towards
19 the $12 million advance. Except as noted in this paragraph,
20 any funds not directed to implement the mitigation plan
21 should, to the greatest extent possible, be directed to fund
22 invasive plant control within wetlands and other surface
23 waters. Those transportation projects that are proposed to
24 commence in fiscal year 1996-1997 shall not be addressed in
25 the mitigation plan, and the provisions of subsection (7)
26 shall not apply to these projects. The Department of
27 Transportation may enter into interagency agreements with the
28 Department of Environmental Protection or any water management
29 district to perform mitigation planning and implementation for
30 these projects.
31 (d) On July 1, 1996, the Department of Transportation
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 shall transfer to the Department of Environmental Protection
2 $12 million from the State Transportation Trust Fund for the
3 purposes of the surface water improvement management program
4 and to address statewide aquatic and exotic plant problems
5 within wetlands and other surface waters. Such funds shall be
6 considered an advance upon funds that the Department of
7 Transportation would provide for statewide mitigation during
8 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
9 use of mitigation funds for surface water improvement
10 management projects or aquatic and exotic plant control may be
11 utilized as mitigation for transportation projects to the
12 extent that it complies with the mitigation requirements
13 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
14 extent that such activities result in mitigation credit for
15 projects permitted in fiscal year 1996-1997, all or part of
16 the $12 million funding for surface water improvement
17 management projects or aquatic and exotic plant control in
18 fiscal year 1996-1997 shall be drawn from Department of
19 Transportation mitigation funding for fiscal year 1996-1997
20 rather than from mitigation funding for fiscal years
21 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
22 cost per acre of impact described in subsection (3), times the
23 acreage of impact that is mitigated by such plant control
24 activities. Any part of the $12 million that does not result
25 in mitigation credit for projects permitted in fiscal year
26 1996-1997 shall remain available for mitigation credit during
27 fiscal years 1997-1998, 1998-1999, or 1999-2000.
28 (5) The water management district shall be responsible
29 for ensuring that mitigation requirements pursuant to 33
30 U.S.C. s. 1344 are met for the impacts identified in the
31 inventory described in subsection (2), by implementation of
86
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 the approved plan described in subsection (4) to the extent
2 funding is provided as funded by the Department of
3 Transportation. During the federal permitting process, the
4 water management district may deviate from the approved
5 mitigation plan in order to comply with federal permitting
6 requirements.
7 (6) The mitigation plan shall be updated annually to
8 reflect the most current Department of Transportation work
9 program and may be amended throughout the year to anticipate
10 schedule changes or additional projects which may arise. Each
11 update and amendment of the mitigation plan shall be submitted
12 to the secretary of the Department of Environmental Protection
13 for approval as described in subsection (4). However, such
14 approval shall not be applicable to a deviation as described
15 in subsection (5).
16 (7) Upon approval by the secretary of the Department
17 of Environmental Protection, the mitigation plan shall be
18 deemed to satisfy the mitigation requirements under this part
19 and any other mitigation requirements imposed by local,
20 regional, and state agencies for impacts identified in the
21 inventory described in subsection (2). The approval of the
22 secretary shall authorize the activities proposed in the
23 mitigation plan, and no other state, regional, or local permit
24 or approval shall be necessary.
25 (8) This section shall not be construed to eliminate
26 the need for the Department of Transportation to comply with
27 the requirement to implement practicable design modifications,
28 including realignment of transportation projects, to reduce or
29 eliminate the impacts of its transportation projects on
30 wetlands and other surface waters as required by rules adopted
31 pursuant to this part, or to diminish the authority under this
87
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 part to regulate other impacts, including water quantity or
2 water quality impacts, or impacts regulated under this part
3 that are not identified in the inventory described in
4 subsection (2).
5 (9) The recommended mitigation plan shall be annually
6 submitted to the Executive Office of the Governor and the
7 Legislature through the legislative budget request of the
8 Department of Environmental Protection in accordance with
9 chapter 216. Any funds not directed to implement the
10 mitigation plan should, to the greatest extent possible, be
11 directed to fund aquatic and exotic plant problems within the
12 wetlands and other surface waters.
13 (10) By December 1, 1997, the Department of
14 Environmental Protection, in consultation with the water
15 management districts, shall submit a report to the Governor,
16 the President of the Senate, and the Speaker of the House of
17 Representatives describing the implementation of this section,
18 including the use of public and private mitigation banks and
19 other types of mitigation approved in the mitigation plan.
20 The report shall also recommend any amendments to this section
21 necessary to improve the process for developing and
22 implementing mitigation plans for the Department of
23 Transportation. The report shall also include a specific
24 section on how private and public mitigation banks are
25 utilized within the mitigation plans.
26 Section 47. Subsections (3) and (23) of section
27 479.01, Florida Statutes, are amended to read:
28 479.01 Definitions.--As used in this chapter, the
29 term:
30 (3) "Commercial or industrial zone" means a parcel of
31 land an area within 660 feet of the nearest edge of the
88
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 right-of-way of the interstate or federal-aid primary system
2 designated predominately for commercial or industrial use
3 under both the future land use map of the comprehensive plan
4 and the land use development regulations adopted under
5 pursuant to chapter 163. If a parcel is located in an area
6 designated for multiple uses on the future land use map of a
7 comprehensive plan and the land development regulations do not
8 clearly designate that parcel for a specific use, the area
9 will be considered an unzoned commercial or industrial area if
10 it meets the criteria of subsection (23) Where a local
11 governmental entity has not enacted a comprehensive plan by
12 local ordinance but has zoning regulations governing the area,
13 the zoning of an area shall determine whether the area is
14 designated predominately for commercial or industrial uses.
15 (23) "Unzoned commercial or industrial area" means a
16 parcel of land designated by the an area within 660 feet of
17 the nearest edge of the right-of-way of the interstate or
18 federal-aid primary system where the land use is not covered
19 by a future land use map of the comprehensive plan for
20 multiple uses that include commercial or industrial uses but
21 are not specifically designated for commercial or industrial
22 uses under the land development regulations and or zoning
23 regulation pursuant to subsection (2), in which there are
24 located three or more separate and distinct conforming
25 industrial or commercial activities are located.
26 (a) These activities must satisfy the following
27 criteria:
28 1. At least one of the commercial or industrial
29 activities must be located on the same side of the highway and
30 within 800 feet of the sign location.
31 2. The commercial or industrial activities must be
89
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 within 660 feet from the nearest edge of the right-of-way.
2 3. The commercial or industrial activities must be
3 within 1,600 feet of each other.
4
5 Distances specified in this paragraph must be measured from he
6 nearest outer edge of the primary building, or primary
7 building complex when the individual units of the complex are
8 connected by covered walkways uses located within a 1,600-foot
9 radius of each other and generally recognized as commercial or
10 industrial by zoning authorities in this state.
11 (b) Certain activities, including, but not limited to,
12 the following, may not be so recognized as commercial or
13 industrial activities:
14 1.(a) Signs.
15 2. Communication towers.
16 3.(b) Agricultural, forestry, ranching, grazing,
17 farming, and related activities, including, but not limited
18 to, wayside fresh produce stands.
19 4.(c) Transient or temporary activities.
20 5.(d) Activities not visible from the main-traveled
21 way.
22 6.(e) Activities conducted more than 660 feet from the
23 nearest edge of the right-of-way.
24 7.(f) Activities conducted in a building principally
25 used as a residence.
26 8.(g) Railroad tracks and minor sidings.
27 Section 48. Paragraph (b) of subsection (8) of section
28 479.07, Florida Statutes, is amended to read:
29 479.07 Sign permits.--
30 (8)
31 (b) If a permittee has not submitted his or her fee
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 payment by the expiration date of the licenses or permits, the
2 department shall send a notice of violation to the permittee
3 within 45 days after the expiration date, requiring the
4 payment of the permit fee within 30 days after the date of the
5 notice and payment of a delinquency fee equal to 10 percent of
6 the original amount due or, in the alternative to these
7 payments, requiring the filing of a request for an
8 administrative hearing to show cause why his or her sign
9 should not be subject to immediate removal due to expiration
10 of his or her license or permit. If the permittee submits
11 payment as required by the violation notice, his or her
12 license or permit will be automatically reinstated and such
13 reinstatement will be retroactive to the original expiration
14 date. If the permittee does not respond to the notice of
15 violation within the 30-day period, the department shall,
16 within 30 days, issue a final notice of sign removal and may,
17 following 90 days after the date of the department's final
18 notice of sign removal, remove the sign without incurring any
19 liability as a result of such removal. However, if at any time
20 prior to the removal of the sign within 90 days after the date
21 of the department's final notice of sign removal, the
22 permittee demonstrates that a good faith error on the part of
23 the permittee resulted in cancellation or nonrenewal of the
24 permit, the department may reinstate the permit if:
25 1. The sign has not yet been disassembled by the
26 permittee;
27 2. Conflicting applications have not been filed by
28 other persons;
29 1.3. A The permit reinstatement fee of up to $300,
30 based upon the size of the sign, is paid;
31 2.4. All other permit renewal and delinquent permit
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 fees due as of the reinstatement date are paid; and
2 3.5. The permittee reimburses the department for all
3 actual costs resulting from the permit cancellation or
4 nonrenewal and sign removal.
5
6 Conflicting applications filed by other persons for the same
7 or competing site covered by a permit subject to the
8 provisions of this paragraph shall not be approved until after
9 the sign subject to the expired permit has been removed.
10 Section 49. Subsection (15) of section 479.16, Florida
11 Statutes, is amended to read:
12 479.16 Signs for which permits are not required.--The
13 following signs are exempt from the requirement that a permit
14 for a sign be obtained under the provisions of this chapter
15 but are required to comply with the provisions of s.
16 479.11(4)-(8):
17 (15) Signs not in excess of 16 square feet placed at a
18 road junction with the State Highway System denoting only the
19 distance or direction of a residence or farm operation, or, in
20 a rural area where a hardship is created because a small
21 business is not visible from the road junction with the State
22 Highway System, one sign not in excess of 16 8 square feet,
23 denoting only the name of the business and the distance and
24 direction to the business. The small-business-sign provision
25 of this subsection does not apply to charter counties and may
26 not be implemented if the Federal Government notifies the
27 department that implementation will adversely affect the
28 allocation of federal funds to the department.
29 Section 50. Sections 341.3201, 341.321, 341.322,
30 341.325, 341.327, 341.329, 341.331, 341.332, 341.3331,
31 341.3332, 341.3333, 341.3334, 341.3335, 341.3336, 341.3337,
92
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 341.3338, 341.3339, 341.334, 341.335, 341.336, 341.3365,
2 341.342, 341.343, 341.344, 341.345, 341.346, 341.3465,
3 341.347, 341.348, 341.351, 341.352, 341.353, 341.363, 341.364,
4 341.365, 341.366, 341.368, 341.369, 341.371, 341.372, 341.375,
5 341.381, 341.382, 341.383, and 341.386, Florida Statutes, are
6 hereby repealed.
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 3, after the semicolon,
12
13 insert
14 amending s. 20.23, F.S.; providing reference to
15 seaport programs; providing for an
16 organizational unit to administer said
17 programs; deleting reference to the Office of
18 Construction and including reference to the
19 Office of Highway Operations within the
20 Department of Transportation; amending s.
21 206.46, F.S.; increasing a percentage amount of
22 revenues in the State Transportation Trust Fund
23 to be transferred to the Right-of-Way
24 Acquistion and Bridge Construction Trust Fund
25 annually; increasing the dollar amount which
26 may be so transferred; creating s. 215.615,
27 F.S.; providing for state bonds for federal-aid
28 highways construction; creating s. 215.616,
29 F.S.; providing for the issuance of certain
30 revenue bonds for fixed-guideway transportation
31 systems; providing for an audit of the Florida
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 Seaport Development Program; creating s.
2 316.0815, F.S.; providing for a duty to yield
3 for public transit vehicles; providing
4 penalties; amending s. 316.302, F.S.; revising
5 obsolete dates and statutory references with
6 respect to commercial motor vehicles; amending
7 s. 316.3025, F.S.; correcting a cross
8 reference; amending s. 316.545, F.S.; providing
9 a maximum penalty for operating a commercial
10 motor vehicle when the registration or license
11 plate has not been expired for more than 90
12 days; prohibiting the department from seizing
13 certain vehicles; amending s. 316.555, F.S.;
14 providing for an exemption from locally imposed
15 weight limits under certain circumstances;
16 amending s. 320.0715, F.S.; providing an
17 exemption from the International Registration
18 Plan; amending s. 334.035, F.S.; revising
19 language with respect to the purpose of the
20 Florida Transportation Code; amending s.
21 334.0445, F.S.; continuing the operation of the
22 model career service classification and
23 compensation plan within the Department of
24 Transportation for a certain time period;
25 amending s. 334.046, F.S.; revising Department
26 of Transportation program objectives; creating
27 s. 334.071, F.S.; providing for the legislative
28 designation of transportation facilities;
29 amending s. 334.351, F.S.; deleting language
30 with respect to the total amount of youth work
31 experience program contracts; amending s.
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 335.0415, F.S.; revising a date with respect to
2 public road jurisdiction; amending s. 335.093,
3 F.S.; authorizing the department to designate
4 public roads as scenic highways; amending s.
5 337.025, F.S.; increasing the annual cap on
6 transportation project contracts that use
7 innovative construction and financing
8 techniques; amending s. 337.11, F.S.; providing
9 for contracts without advertising and
10 competitive bids; repealing authority for owner
11 controlled insurance plans in the Department of
12 Transportation; amending s. 337.16, F.S.;
13 revising language with respect to contractors
14 who are delinquent with respect to contracts
15 with the department; amending s. 337.162, F.S.;
16 revising language with respect to professional
17 services; amending s. 337.18, F.S.; revising
18 language with respect to certain surety bonds;
19 providing for bonds payable to the department
20 rather than to the Governor; amending s.
21 337.185, F.S.; increasing claim limits with
22 respect to certain contractual claims governed
23 by the State Arbitration Board; revising
24 language with respect to hearings on certain
25 disputes; increasing certain fees; amending s.
26 337.19, F.S.; revising language with respect to
27 suits at law and in equity brought by or
28 against the department with respect to breach
29 of an express provision or an implied covenant
30 of a written agreement or a written directive
31 issued by the department pursuant to the
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60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 written agreement; providing for rights and
2 obligations; prohibiting liability under
3 certain circumstances; providing exceptions
4 with respect to liability; providing for
5 applicability; amending s. 337.25, F.S.;
6 authorizing the department to purchase, lease,
7 exchange, or otherwise acquire property
8 interests; amending s. 337.251, F.S.;
9 authorizing a fixed-guideway transportation
10 system operating within the department's
11 right-of-way to operate at any safe speed;
12 amending s. 337.403, F.S.; authorizing the
13 department to participate in the cost of
14 certain clearing and grubbing with respect to
15 utility improvement relocation; amending s.
16 338.223, F.S.; revising language with respect
17 to proposed turnpike projects to provide that
18 certain requirements do not apply to hardship
19 and protective purchases by the department of
20 advance right-of-way; providing definitions;
21 amending s. 338.229, F.S.; providing additional
22 rights of the department with respect to
23 certain bondholders; amending s. 339.135, F.S.;
24 providing for allocation of certain new highway
25 funds; amending s. 339.155, F.S.; revising
26 language with respect to transportation
27 planning; amending s. 339.175, F.S.; revising
28 language with respect to metropolitan planning
29 organizations; amending s. 341.031, F.S.;
30 correcting cross references to conform to the
31 act; amending s. 341.041, F.S.; directing the
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 department to create and maintain a common
2 self-retention insurance fund to support
3 fixed-guideway projects throughout the state;
4 amending s. 341.051, F.S.; deleting provisions
5 which require the department to develop a
6 specified investment policy; amending s.
7 341.053, F.S.; providing for development of an
8 intermodal development plan; amending s.
9 341.302, F.S.; revising language with respect
10 to the responsibilities of the department
11 concerning the rail program; amending ss.
12 348.9401, 348.941, 348.942, and 348.943, F.S.;
13 renaming the St. Lucie County Expressway
14 Authority as the St. Lucie County Expressway
15 and Bridge Authority and including the Indian
16 River Lagoon Bridge as part of the expressway
17 and bridge system; revising power of the
18 authority to borrow money to conform to new
19 provisions authorizing the issuance of certain
20 bonds; amending s. 348.944, F.S.; authorizing
21 the authority to issue its own bonds and
22 providing requirements therefor; creating s.
23 348.9495, F.S.; providing exemption from
24 taxation; amending s. 338.251, F.S.; providing
25 that funds repaid by the authority to the Toll
26 Facilities Revolving Trust Fund are to be
27 loaned back to the authority for specified
28 purposes; amending s. 373.4137, F.S.; revising
29 language with respect to mitigation
30 requirements; amending s. 479.01, F.S.;
31 revising definitions; amending s. 479.07, F.S.;
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HOUSE AMENDMENT
60-280AXA-02 Bill No. HB 591
Amendment No. (for drafter's use only)
1 revising language with respect to sign permits;
2 amending s. 479.16, F.S.; revising language
3 with respect to signs for which permits are not
4 required; repealing ss. 341.3201-341.386, F.S.;
5 eliminating the Florida High-Speed Rail
6 Transportation Act;
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