Senate Bill 0972c2
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Florida Senate - 1999 CS for CS for SB 972
By the Committees on Fiscal Policy, Transportation and Senator
Casas
309-1995-99
1 A bill to be entitled
2 An act relating to the Department of
3 Transportation; amending s. 20.23, F.S.;
4 changing the name of the Office of Construction
5 to the Office of Highway Operations; amending
6 s. 206.46, F.S.; increasing the amount that may
7 be transferred into the Right-of-Way
8 Acquisition and Bridge Construction Trust Fund;
9 creating s. 215.615, F.S.; authorizing the
10 department and local governments to enter into
11 an interlocal agreement to provide financing
12 for fixed guideway projects; amending s.
13 206.606, F.S.; providing funding for the Center
14 for Urban Transportation Research; creating s.
15 215.616, F.S.; authorizing bonding of federal
16 aid; amending s. 316.1895, F.S.; authorizing
17 local governments to request the Department of
18 Transportation to install and maintain speed
19 zones for federally funded Headstart programs
20 located on roads maintained by the department;
21 amending s. 316.1936; defining the term "public
22 highway"; providing that it is unlawful to
23 possess an open container or consume an
24 alcoholic beverage while seated in the
25 passenger area of a motor vehicle that is
26 parked or stopped within a public highway;
27 creating s. 316.0815, F.S.; providing the duty
28 to yield to public transit vehicles reentering
29 the flow of traffic; amending s. 316.302, F.S.;
30 updating references to the current federal
31 safety regulations; amending s. 316.3025, F.S.;
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1 updating references to the current federal
2 safety regulations; amending s. 316.545, F.S.;
3 providing a maximum penalty for operating a
4 commercial motor vehicle when the registration
5 or license plate has not been expired for more
6 than 180 days; amending s. 320.20, F.S.,
7 relating to the disposition of motor vehicle
8 license tax moneys; providing for a portion of
9 such moneys to be deposited in the State
10 Transportation Trust Fund and used to fund the
11 Florida Seaport Transportation and Economic
12 Development Program and seaport intermodal
13 access projects of statewide significance;
14 providing for distributing such funds on a
15 matching basis; authorizing such funds to be
16 used for the payment of bonds and other forms
17 of indebtedness; requiring that certain
18 distributions of funds be approved by the
19 Florida Seaport Transportation and Economic
20 Development Council; amending s. 334.0445,
21 F.S.; extending the current authorization for
22 the department's model classification plan;
23 amending s. 335.0415, F.S.; clarifying the
24 jurisdiction and responsibility for operation
25 and maintenance of roads; amending s. 335.093,
26 F.S.; authorizing the department to designate
27 public roads as scenic highways; amending s.
28 337.11, F.S.; authorizing the department to
29 enter into contracts for construction or
30 maintenance of roadway and bridge elements
31 without competitive bidding under certain
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1 circumstances; deleting the provision for the
2 owner-controlled insurance plan; amending s.
3 337.16, F.S.; eliminating intermediate
4 delinquency as grounds for suspension or
5 revocation of a contractor's certificate of
6 qualification to bid on construction contracts
7 in excess of a specified amount; amending s.
8 337.162, F.S.; providing that department
9 appraisers are not obligated to report
10 violations of state professional licensing laws
11 to the Department of Business and Professional
12 Regulation; amending s. 337.18, F.S.; deleting
13 the schedule of contract amount categories
14 utilized to calculate liquidated damages to be
15 paid by a contractor; allowing the department
16 to adjust the categories; requiring that surety
17 bonds posted by successful bidders on
18 department construction contracts be payable to
19 the department; amending s. 337.185, F.S.;
20 raising the limit for binding arbitration
21 contract disputes; authorizing the secretary of
22 the department to select an alternate or
23 substitute to serve as the department member of
24 the board for any hearing; amending the fee
25 schedule for arbitration to cover the cost of
26 administration and compensation of the board;
27 authorizing the department to acquire and
28 negotiate for the sale of replacement housing;
29 amending s. 337.25, F.S.; authorizing the
30 department to purchase options to purchase land
31 for transportation facilities; amending s.
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1 337.251, F.S.; authorizing a fixed guideway
2 transportation system operating within the
3 department's right-of-way to operate at any
4 safe speed; amending s. 337.403, F.S.;
5 authorizing the department to contract directly
6 with utility companies for clearing and
7 grubbing; amending s. 337.408, F.S.; reviving
8 standards for installation of bus benches and
9 transit shelters; amending s. 338.223, F.S.;
10 defining the terms "hardship purchase" and
11 "protective purchase"; amending s. 338.229,
12 F.S.; restricting the sale, transfer, lease, or
13 other disposition of operations on any portion
14 of the turnpike system; amending s. 338.251,
15 F.S.; providing that funds repaid by the
16 Tampa-Hillsborough County Expressway Authority
17 to the Toll Facilities Revolving Trust Fund are
18 to be loaned back to the authority for
19 specified purposes; amending s. 339.155, F.S.;
20 providing planning factors; clarifying the
21 roles of the long-range and short-range
22 components of the Florida Transportation Plan;
23 amending s. 339.175, F.S.; providing planning
24 factors; requiring a recommendation for
25 redesignation; clarifying geographic boundaries
26 of metropolitan planning organizations;
27 providing that metropolitan planning
28 organization plans must provide for the
29 development and operation of intermodal
30 transportation systems and facilities; amending
31 s. 341.041, F.S.; authorizing the creation and
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1 maintenance of a common self-retention
2 insurance fund to support public transit
3 projects; amending s. 341.302, F.S.;
4 authorizing the department to secure and
5 administer federal loans for rail projects;
6 authorizing the department to conduct hazardous
7 materials inspections at manufacturer's and
8 shipper's facilities on Florida rail lines;
9 amending s. 373.4137, F.S.; providing for the
10 mitigation of impacts to wetlands and other
11 sensitive habitats; amending s. 479.01, F.S.;
12 defining the terms "commercial or industrial
13 zone" and "unzoned commercial or industrial
14 area"; providing that communication towers are
15 not commercial or industrial activities;
16 amending s. 479.07, F.S.; modifying the process
17 for reinstatement of an outdoor advertising
18 sign permit; amending s. 479.16, F.S.;
19 clarifying that certain signs not in excess of
20 16 square feet are exempt from the permitting
21 process; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (d) of subsection (3) of section
26 20.23, Florida Statutes, 1998 Supplement, is amended to read:
27 20.23 Department of Transportation.--There is created
28 a Department of Transportation which shall be a decentralized
29 agency.
30 (3)
31
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1 (d)1. Policy, program, or operations offices shall be
2 established within the central office for the purposes of:
3 a. Developing policy and procedures and monitoring
4 performance to ensure compliance with these policies and
5 procedures;
6 b. Performing statewide activities which it is more
7 cost-effective to perform in a central location;
8 c. Assessing and ensuring the accuracy of information
9 within the department's financial management information
10 systems; and
11 d. Performing other activities of a statewide nature.
12 2. The following offices are established and shall be
13 headed by a manager, each of whom shall be appointed by and
14 serve at the pleasure of the secretary. The positions shall be
15 classified at a level equal to a division director:
16 a. The Office of Administration;
17 b. The Office of Policy Planning;
18 c. The Office of Design;
19 d. The Office of Highway Operations Construction;
20 e. The Office of Right-of-Way;
21 f. The Office of Toll Operations; and
22 g. The Office of Information Systems.
23 3. Other offices may be established in accordance with
24 s. 20.04(6). The heads of such offices are exempt from part II
25 of chapter 110. No office or organization shall be created at
26 a level equal to or higher than a division without specific
27 legislative authority.
28 4. During the construction of a major transportation
29 improvement project or as determined by the district
30 secretary, the department may provide assistance to a business
31 entity significantly impacted by the project if the entity is
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1 a for-profit entity that has been in business for 3 years
2 prior to the beginning of construction and has direct or
3 shared access to the transportation project being constructed.
4 The assistance program shall be in the form of additional
5 guarantees to assist the impacted business entity in receiving
6 loans pursuant to Title 13 C.F.R. part 120. However, in no
7 instance shall the combined guarantees be greater than 90
8 percent of the loan. The department shall adopt rules to
9 implement this subparagraph.
10 Section 2. Subsections (2) and (3) of section 206.46,
11 Florida Statutes, are amended to read:
12 206.46 State Transportation Trust Fund.--
13 (2) Notwithstanding any other provisions of law, from
14 the revenues deposited into the State Transportation Trust
15 Fund a maximum of 7 6 percent in each fiscal year shall be
16 transferred into the Right-of-Way Acquisition and Bridge
17 Construction Trust Fund created in s. 215.605, as needed to
18 meet the requirements of the documents authorizing the bonds
19 issued or proposed to be issued under ss. 215.605 and 337.276
20 or at a minimum amount sufficient to pay for the debt service
21 coverage requirements of outstanding bonds. Notwithstanding
22 the 7 6 percent annual transfer authorized in this subsection,
23 the annual amount transferred under this subsection shall not
24 exceed an amount necessary to provide the required debt
25 service coverage levels for a maximum debt service not to
26 exceed $135 $115 million. Such transfer shall be payable
27 primarily from the motor and diesel fuel taxes transferred to
28 the State Transportation Trust Fund from the Fuel Tax
29 Collection Trust Fund.
30 (3) Through fiscal year 1999-2000, a minimum of 14.3
31 percent of all state revenues deposited into the State
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1 Transportation Trust Fund shall be committed annually by the
2 department for public transportation projects in accordance
3 with chapter 311, ss. 332.003-332.007, and chapter 341, and
4 chapter 343. Beginning in fiscal year 2000-2001, and each year
5 thereafter, a minimum of 15 percent of all state revenues
6 deposited into the State Transportation Trust Fund shall be
7 committed annually by the department for public transportation
8 projects in accordance with chapter 311, ss. 332.002-332.007,
9 and chapter 341, and chapter 343.
10 Section 3. Paragraph (d) is added to subsection (1) of
11 section 206.606, Florida Statutes, 1998 Supplement, to read:
12 206.606 Distribution of certain proceeds.--
13 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
14 206.87(1)(e) shall be deposited in the Fuel Tax Collection
15 Trust Fund created by s. 206.875. Such moneys, exclusive of
16 the service charges imposed by s. 215.20, and exclusive of
17 refunds granted pursuant to s. 206.41, shall be distributed
18 monthly to the State Transportation Trust Fund, except that:
19 (d) $1.5 million per year shall be transferred to the
20 Board of Regents and shall be spent solely for purposes of s.
21 334.065.
22 Section 4. Effective July 1, 1999, paragraph (d) is
23 added to subsection (1) of section 206.606, Florida Statutes,
24 1998 Supplement, as amended by section 3 of chapter 98-114,
25 Laws of Florida, to read:
26 206.606 Distribution of certain proceeds.--
27 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
28 206.87(1)(e) shall be deposited in the Fuel Tax Collection
29 Trust Fund. Such moneys, after deducting the service charges
30 imposed by s. 215.20, the refunds granted pursuant to s.
31 206.41, and the administrative costs incurred by the
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1 department in collecting, administering, enforcing, and
2 distributing the tax, which administrative costs may not
3 exceed 2 percent of collections, shall be distributed monthly
4 to the State Transportation Trust Fund, except that:
5 (d) $1.5 million per year shall be transferred to the
6 Board of Regents and shall be spent solely for the purposes of
7 s. 334.065.
8 Section 5. Section 215.615, Florida Statutes, is
9 created to read:
10 215.615 Fixed-guideway transportation systems
11 funding.--
12 (1) The issuance of revenue bonds by the Division of
13 Bond Finance, on behalf of the Department of Transportation,
14 pursuant to s. 11, Art. VII of the State Constitution, is
15 authorized, pursuant to the State Bond Act, to finance or
16 refinance fixed capital expenditures for fixed-guideway
17 transportation systems, as defined in s. 341.031, including
18 facilities appurtenant thereto, costs of issuance, and other
19 amounts relating to such financing or refinancing. Fifty
20 percent of the bonding capacity shall be held in reserve. The
21 remainder of such revenue bonds shall be matched on a 50-50
22 basis with funds from sources other than revenues of the
23 Department of Transportation, in a manner acceptable to the
24 Department of Transportation.
25 (a) The department and any participating commuter rail
26 authority or regional transportation authority established
27 under chapter 343, local governments, or local governments
28 collectively by interlocal agreement having jurisdiction of a
29 fixed-guideway transportation system may enter into an
30 interlocal agreement to promote the efficient and
31 cost-effective financing or refinancing of fixed-guideway
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1 transportation system projects by revenue bonds issued
2 pursuant to this subsection. The terms of such interlocal
3 agreements shall include provisions for the Department of
4 Transportation to request the issuance of the bonds on behalf
5 of the parties; shall provide that each party to the agreement
6 is contractually liable for an equal share of funding an
7 amount equal to the debt service requirements of such bonds;
8 and shall include any other terms, provisions or covenants
9 necessary to the making of and full performance under such
10 interlocal agreement. Repayments made to the department under
11 any interlocal agreement are not pledged to the repayment of
12 bonds issued hereunder, and failure of the local governmental
13 authority to make such payment shall not affect the obligation
14 of the department to pay debt service on the bonds.
15 (b) Revenue bonds issued pursuant to this subsection
16 shall not constitute a general obligation of, or a pledge of
17 the full faith and credit of, the State of Florida. Bonds
18 issued pursuant to this section shall be payable from funds
19 available pursuant to s. 206.46(3), subject to annual
20 appropriation. The amount of revenues available for debt
21 service shall never exceed a maximum of 2 percent of all state
22 revenues deposited into the State Transportation Trust Fund.
23 (c) The projects to be financed or refinanced with the
24 proceeds of the revenue bonds issued hereunder are designated
25 as state fixed capital outlay projects for purposes of s.
26 11(d), Art. VII of the State Constitution, and the specific
27 projects to be financed or refinanced shall be determined by
28 the Department of Transportation in accordance with state law
29 and appropriations from the State Transportation Trust Fund.
30 Each project to be financed with the proceeds of the bonds
31
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1 issued pursuant to this subsection must first be approved by
2 the Legislature by an act of general law.
3 (d) Any complaint for validation of bonds issued
4 pursuant to this section shall be filed in the circuit court
5 of the county where the seat of state government is situated,
6 the notice required to be published by s. 75.06 shall be
7 published only in the county where the complaint is filed, and
8 the complaint and order of the circuit court shall be served
9 only on the state attorney of the circuit in which the action
10 is pending.
11 (e) The state does hereby covenant with holders of
12 such revenue bonds or other instruments of indebtedness issued
13 hereunder, that it will not repeal or impair or amend these
14 provisions in any manner that will materially and adversely
15 affect the rights of such holders as long as bonds authorized
16 by this subsection are outstanding.
17 (f) This subsection supersedes any inconsistent
18 provisions in existing law.
19
20 Notwithstanding this subsection, the lien of revenue bonds
21 issued pursuant to this subsection on moneys deposited into
22 the State Transportation Trust Fund shall be subordinate to
23 the lien on such moneys of bonds issued under ss. 215.605,
24 320.20, and 215.616, and any pledge of such moneys to pay
25 operating and maintenance expenses under subsection (5) and
26 chapter 348, as may be amended.
27 (2) To be eligible for participation, fixed-guideway
28 transportation system projects must comply with the major
29 capital investment policy guidelines and criteria established
30 by the Department of Transportation under chapter 341; must be
31 found to be consistent, to the maximum extent feasible, with
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1 approved local government comprehensive plans of the local
2 governments in which such projects are located; and must be
3 included in the work program of the Department of
4 Transportation pursuant to the provisions under s. 339.135.
5 The department shall certify that the expected useful life of
6 the transportation improvements will equal or exceed the
7 maturity date of the debt to be issued.
8 Section 6. Section 215.616, Florida Statutes, is
9 created to read:
10 215.616 State bonds for federal aid highway
11 construction.--
12 (1) Upon the request of the Department of
13 Transportation, the Division of Bond Finance is authorized
14 pursuant to s. 11, Art. VII of the State Constitution and the
15 State Bond Act to issue revenue bonds, for and on behalf of
16 the Department of Transportation, for the purpose of financing
17 or refinancing the construction, reconstruction, and
18 improvement of projects that are eligible to receive
19 federal-aid highway funds.
20 (2) Any bonds issued pursuant to this section shall be
21 payable primarily from a prior and superior claim on all
22 federal highway aid reimbursements received each year with
23 respect to federal-aid projects undertaken in accordance with
24 the provisions of Title 23 of the United States Code.
25 (3) The term of the bonds shall not exceed a term of
26 12 years. Prior to the issuance of bonds, the Department of
27 Transportation shall determine that annual debt service on all
28 bonds issued pursuant to this section does not exceed 10
29 percent of annual apportionments to the department for federal
30 highway aid in accordance with the provisions of Title 23 of
31 the United States Code.
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1 (4) The bonds issued under this section shall not
2 constitute a debt or general obligation of the state or a
3 pledge of the full faith and credit or taxing power of the
4 state. The bonds shall be secured by and are payable from the
5 revenues pledged in accordance with this section and the
6 resolution authorizing their issuance.
7 (5) The state does covenant with the holders of bonds
8 issued under this section that it will not repeal, impair, or
9 amend this section in any manner which will materially and
10 adversely affect the rights of bondholders as long as the
11 bonds authorized by this section are outstanding.
12 (6) Any complaint for such validation of bonds issued
13 pursuant to this section shall be filed in the circuit court
14 of the county where the seat of state government is situated,
15 the notice required to be published by s. 75.06 shall be
16 published only in the county where the complaint is filed, and
17 the complaint and order of the circuit court shall be served
18 only on the state attorney of the circuit in which the action
19 is pending.
20 Section 7. Section 316.0815, Florida Statutes, is
21 created to read:
22 316.0815 Duty to yield to public transit vehicles.--
23 (1) The driver of a vehicle shall yield the
24 right-of-way to a publicly owned transit bus traveling in the
25 same direction which has signalled and is reentering the
26 traffic flow from a specifically designated pullout bay.
27 (2) This section does not relieve the driver of a
28 public transit bus from the duty to drive with due regard for
29 the safety of all persons using the roadway.
30 Section 8. Present subsections (2), (3), (4), (5),
31 (6), (7), (8), and (9) of section 316.1895, Florida Statutes,
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1 are redesignated as subsections (3), (4), (5), (6), (7), (8),
2 (9), and (10), respectively, and a new subsection (2) is added
3 to that section to read:
4 316.1895 Establishment of school speed zones,
5 enforcement; designation.--
6 (2) Upon request from the appropriate local
7 government, the Department of Transportation shall install and
8 maintain such traffic and pedestrian control devices on
9 state-maintained roads as prescribed in this section for all
10 prekindergarten early-intervention schools that receive
11 federal funding through the Headstart program.
12 Section 9. Subsections (1) and (2) of section
13 316.1936, Florida Statutes, are amended to read:
14 316.1936 Possession of open containers of alcoholic
15 beverages in vehicles prohibited; penalties.--
16 (1) As used in this section, the term:,
17 (a) "Open container" means any container which is
18 immediately capable of being consumed from, or the seal of
19 which has been broken.
20 (b) "Public highway" or the "right-of-way of a public
21 highway" means the entire width between and immediately
22 adjacent to the boundary lines of every way publicly
23 maintained when any part thereof is open to the use of the
24 public for purposes of vehicular travel.
25 (2)(a) It is unlawful and punishable as provided in
26 this section for any person to possess an open container of an
27 alcoholic beverage or consume an alcoholic beverage while
28 operating a vehicle in the state or while a passenger in or on
29 a vehicle being operated in the state.
30 (b) It is unlawful and punishable as provided in this
31 section for any person to possess an open container of an
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1 alcoholic beverage or consume an alcoholic beverage while
2 seated in the passenger area of a motor vehicle which is
3 parked or stopped within a public highway.
4 Section 10. Paragraph (b) of subsection (1),
5 paragraphs (e) and (f) of subsection (2) of section 316.302,
6 Florida Statutes, 1998 Supplement, are amended to read:
7 316.302 Commercial motor vehicles; safety regulations;
8 transporters and shippers of hazardous materials;
9 enforcement.--
10 (1)
11 (b) Except as otherwise provided in this section, all
12 owners or drivers of commercial motor vehicles that are
13 engaged in intrastate commerce are subject to the rules and
14 regulations contained in 49 C.F.R. parts 382, 385, and
15 390-397, with the exception of 49 C.F.R. s. 390.5 as it
16 relates to the definition of bus, as such rules and
17 regulations existed on March 1, 1999 1997.
18 (2)
19 (e) A person who operates a commercial motor vehicle
20 solely in intrastate commerce is exempt from subsection (1)
21 while transporting agricultural products, including
22 horticultural or forestry products, from farm or harvest place
23 to the first place of processing or storage, or from farm or
24 harvest place directly to market. However, such person must
25 comply with 49 C.F.R. part 391, subpart H and parts 382, 392,
26 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and s. 396.9.
27 (f) A person who operates a commercial motor vehicle
28 having a declared gross vehicle weight of less than 26,000
29 pounds solely in intrastate commerce and who is not
30 transporting hazardous materials, or who is transporting
31 petroleum products as defined in s. 376.301 s. 376.301(29), is
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1 exempt from subsection (1). However, such person must comply
2 with 49 C.F.R. parts 382, 392, and 393, and with 49 C.F.R. ss.
3 396.3(a)(1) and s. 396.9.
4 Section 11. Paragraph (c) of subsection (3) of section
5 316.3025, Florida Statutes, is amended to read:
6 316.3025 Penalties.--
7 (3)
8 (c) A civil penalty of $250 may be assessed for:
9 1. A violation of the placarding requirements of 49
10 C.F.R. parts 171-179;
11 2. A violation of the shipping paper requirements of
12 49 C.F.R. parts 171-179;
13 3. A violation of 49 C.F.R. s. 392.10;
14 4. A violation of 49 C.F.R. s. 397.5 s. 395.5;
15 5. A violation of 49 C.F.R. s. 397.7;
16 6. A violation of 49 C.F.R. s. 397.13; or
17 7. A violation of 49 C.F.R. s. 397.15.
18 Section 12. Paragraph (b) of subsection (2) of section
19 316.545, Florida Statutes, is amended to read:
20 316.545 Weight and load unlawful; special fuel and
21 motor fuel tax enforcement; inspection; penalty; review.--
22 (2)
23 (b) The officer shall inspect the license plate or
24 registration certificate of the commercial vehicle, as defined
25 in s. 316.003(66), to determine if its gross weight is in
26 compliance with the declared gross vehicle weight. If its
27 gross weight exceeds the declared weight, the penalty shall be
28 5 cents per pound on the difference between such weights. In
29 those cases when the commercial vehicle, as defined in s.
30 316.003(66), is being operated over the highways of the state
31 with an expired registration or with no registration from this
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1 or any other jurisdiction or is not registered under the
2 applicable provisions of chapter 320, the penalty herein shall
3 apply on the basis of 5 cents per pound on that scaled weight
4 which exceeds 35,000 pounds on laden truck tractor-semitrailer
5 combinations or tandem trailer truck combinations, 10,000
6 pounds on laden straight trucks or straight truck-trailer
7 combinations, or 10,000 pounds on any unladen commercial motor
8 vehicle. If the license plate or registration has not been
9 expired for more than 90 days, the penalty imposed under this
10 paragraph may not exceed $1,000. In the case of special mobile
11 equipment as defined in s. 316.003(48), which qualifies for
12 the license tax provided for in s. 320.08(5)(b), being
13 operated on the highways of the state with an expired
14 registration or otherwise not properly registered under the
15 applicable provisions of chapter 320, a penalty of $75 shall
16 apply in addition to any other penalty which may apply in
17 accordance with this chapter. A vehicle found in violation of
18 this section may be detained until the owner or operator
19 produces evidence that the vehicle has been properly
20 registered. Any costs incurred by the retention of the
21 vehicle shall be the sole responsibility of the owner. A
22 person who has been assessed a penalty pursuant to this
23 paragraph for failure to have a valid vehicle registration
24 certificate pursuant to the provisions of chapter 320 is not
25 subject to the delinquent fee authorized in s. 320.07 if such
26 person obtains a valid registration certificate within 10
27 working days after such penalty was assessed.
28 Section 13. Present subsections (4) and (5) of section
29 320.20, Florida Statutes, are redesignated as subsections (5)
30 and (6), respectively, and a new subsection (4) is added to
31 that section, to read:
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1 320.20 Disposition of license tax moneys.--The revenue
2 derived from the registration of motor vehicles, including any
3 delinquent fees and excluding those revenues collected and
4 distributed under the provisions of s. 320.081, must be
5 distributed monthly, as collected, as follows:
6 (4) Notwithstanding any other provision of law except
7 subsections (1), (2), (3), and (5), on July 1, 1999, and
8 annually thereafter, $10 million shall be deposited in the
9 State Transportation Trust Fund solely for the purposes of
10 funding the Florida Seaport Transportation and Economic
11 Development Program as provided in chapter 311 and for funding
12 seaport intermodal access projects of statewide significance
13 as provided in s. 341.053. Such revenues shall be distributed
14 to any port listed in s. 311.09(1), to be used for funding
15 projects on a matching basis as follows:
16 (a) For seaport intermodal access projects, as
17 described in s. 341.053(5), which are identified in the 5-year
18 Florida Seaport Mission Plan as provided in s. 311.09(3).
19 Funding for such projects shall require a 25 percent match of
20 the funds received under this subsection. Matching funds shall
21 come from any port funds, federal funds, local funds, or
22 private funds;
23 (b) For seaport intermodal access projects that
24 involve the dredging or deepening of channels, turning basins,
25 or harbors or the rehabilitation of wharves, docks, or similar
26 structures. Funding for such projects shall require a 25
27 percent match of the funds received under this subsection.
28 Matching funds shall come from any port funds, federal funds,
29 local funds, or private funds; or
30 (c) For seaport projects, as described in s.
31 311.07(3)(b), including on-port gateway road/rail intermodal
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1 projects. Funding for such projects shall require a 50 percent
2 match of the funds received under this subsection. Matching
3 funds shall come from any port funds, federal funds, local
4 funds, or private funds.
5
6 Such revenues may be assigned, pledged, or set aside as a
7 trust for the payment of principal or interest on bonds, tax
8 anticipation certificates, or any other form of indebtedness
9 issued by an individual port or appropriate local government
10 having jurisdiction thereof, or collectively by interlocal
11 agreement among any of the ports, or used to purchase credit
12 support to permit such borrowings. However, such debt does not
13 constitute a general obligation of the state. This state does
14 hereby covenant with holders of such revenue bonds or other
15 instruments of indebtedness issued under this subsection that
16 it will not repeal or impair or amend this subsection in any
17 manner that will materially and adversely affect the rights of
18 holders so long as bonds authorized by this subsection are
19 outstanding. Any revenues that are not pledged to the
20 repayment of bonds as authorized by this section may be used
21 for purposes authorized under the Florida Seaport
22 Transportation and Economic Development Program. This revenue
23 source is in addition to any amounts provided for and
24 appropriated in accordance with s. 311.07 and subsection (3).
25 The Florida Seaport Transportation and Economic Development
26 Council shall approve distribution of funds to ports for
27 projects that have been approved pursuant to s. 311.09(5)-(9),
28 or for seaport intermodal access projects identified in the
29 5-year Florida Seaport Mission Plan as provided in s.
30 311.09(3) and mutually agreed upon by the FSTED Council and
31 the Department of Transportation. The council and the
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1 Department of Transportation may perform such acts as are
2 required to facilitate and implement the provisions of this
3 subsection. To better enable the ports to cooperate to their
4 mutual advantage, the governing body of each port may exercise
5 powers provided to municipalities or counties in s.
6 163.01(7)(d), subject to the provisions of chapter 311 and
7 special acts, if any, pertaining to a port. The use of funds
8 provided pursuant to this subsection is limited to eligible
9 projects listed in this subsection. The provisions of s.
10 311.07(4) do not apply to any funds received pursuant to this
11 subsection.
12 Section 14. Subsection (1) of section 334.0445,
13 Florida Statutes, 1998 Supplement, is amended to read:
14 334.0445 Model career service classification and
15 compensation plan.--
16 (1) Effective July 1, 1994, the Legislature grants to
17 the Department of Transportation in consultation with the
18 Department of Management Services, the Executive Office of the
19 Governor, legislative appropriations committees, legislative
20 personnel committees, and the affected certified bargaining
21 unions, the authority on a pilot basis to develop and
22 implement a model career service classification and
23 compensation system. Such system shall be developed for use by
24 all state agencies. Authorization for this program will be
25 through June 30, 2002 for 3 fiscal years beginning July 1,
26 1994, and ending June 30, 1997; however, the department may
27 elect or be directed by the Legislature to return to the
28 current system at anytime during this period if the model
29 system does not meet the stated goals and objectives.
30 Section 15. Subsection (1) of section 335.0415,
31 Florida Statutes, is amended to read:
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1 335.0415 Public road jurisdiction and transfer
2 process.--
3 (1) The jurisdiction of public roads and the
4 responsibility for operation and maintenance within the
5 right-of-way of any road within the state, county, and
6 municipal road system shall be that which existed on June 10,
7 1995 exists on July 1, 1995.
8 Section 16. Subsection (1) of section 335.093, Florida
9 Statutes, is amended to read:
10 335.093 Scenic highway designation.--
11 (1) The Department of Transportation may, after
12 consultation with other state agencies and local governments,
13 designate public roads as scenic highways on the state highway
14 system. Public roads Highways designated as scenic highways
15 are intended to preserve, maintain, and protect a part of
16 Florida's cultural, historical, and scenic routes on the State
17 Highway System for vehicular, bicycle, and pedestrian travel.
18 Section 17. Paragraph (c) is added to subsection (6)
19 of section 337.11, Florida Statutes, and subsection (16) of
20 that section is amended to read:
21 337.11 Contracting authority of department; bids;
22 emergency repairs, supplemental agreements, and change orders;
23 combined design and construction contracts; progress payments;
24 records; requirements of vehicle registration.--
25 (6)
26 (c) When the department determines that it is in the
27 best interest of the public for reasons of public concern,
28 economy, improved operations or safety, and only when
29 circumstances dictate rapid completion of the work, the
30 department may, up to the threshold amount provided in s.
31 287.017 for CATEGORY FOUR, enter into contracts for
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1 construction and maintenance without advertising and receiving
2 competitive bids. However, if legislation is enacted by the
3 Legislature which changes the category thresholds, the
4 threshold amount shall remain at $60,000. The department may
5 enter into such contracts only upon a determination that the
6 work is necessary for one of the following reasons:
7 1. To ensure timely completion of projects or
8 avoidance of undue delay for other projects;
9 2. To accomplish minor repairs or construction and
10 maintenance activities for which time is of the essence and
11 for which significant cost savings would occur; or
12 3. To accomplish nonemergency work necessary to ensure
13 avoidance of adverse conditions that affect the safe and
14 efficient flow of traffic.
15
16 The department shall make a good-faith effort to obtain two or
17 more quotes, if available, from qualified contractors before
18 entering into any contract. The department shall give
19 consideration to disadvantaged business enterprise
20 participation. However, when the work exists within the limits
21 of an existing contract, the department shall make a
22 good-faith effort to negotiate and enter into a contract with
23 the prime contractor on the existing contract.
24 (16) The department is authorized to undertake and
25 contract to provide an owner controlled insurance plan (OCIP)
26 on any construction project or group of related construction
27 projects if the head of the department determines that an OCIP
28 will be both cost-effective for the department and otherwise
29 in its best interests. Such OCIP may provide insurance
30 coverage for the department and for worker's compensation and
31 employers liability and general liability and builders risk
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1 for contractors and subcontractors, for and in conjunction
2 with any or all work performed on such projects. The
3 department may directly purchase such coverage in the manner
4 provided for the purchase of commodities pursuant to s.
5 287.057, or self-insure, or use a combination thereof, any
6 other statutory provisions or limitations on self-insurance or
7 purchase of insurance notwithstanding. The department's
8 authority hereunder includes the purchase of risk management,
9 risk and loss control, safety management, investigative and
10 claims adjustment services, advancement of funds for payment
11 of claims, and other services reasonably necessary to process
12 and pay claims under and administer the OCIP. In addition to
13 any prequalification required under s. 337.14, no contractor
14 shall be prequalified to bid on an OCIP project unless the
15 contractor's casualty and loss experience and safety record
16 meets the minimum requirements for OCIP coverage issuance on
17 the project, were the contractor to be awarded the project.
18 Exercise of the department's authority under this subsection
19 shall not be deemed a waiver of sovereign immunity.
20 Section 18. Paragraph (a) of subsection (1) of section
21 337.16, Florida Statutes, is amended to read:
22 337.16 Disqualification of delinquent contractors from
23 bidding; determination of contractor nonresponsibility;
24 denial, suspension, and revocation of certificates of
25 qualification; grounds; hearing.--
26 (1) A contractor shall not be qualified to bid when an
27 investigation by the department discloses that such contractor
28 is delinquent on a previously awarded contract, and in such
29 case the contractor's certificate of qualification shall be
30 suspended or revoked. Any contractor whose certificate of
31 qualification is suspended or revoked for delinquency shall
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1 also be disapproved as a subcontractor during the period of
2 suspension or revocation, except when a prime contractor's bid
3 has used prices of a subcontractor who becomes disqualified
4 after the bid and before the request for authorization to
5 sublet is presented.
6 (a) A contractor is delinquent when unsatisfactory
7 progress is being made on a construction project or when the
8 allowed contract time has expired and the contract work is not
9 complete. Unsatisfactory progress shall be determined in
10 accordance with the contract provisions.
11 Section 19. Subsection (2) of section 337.162, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 337.162 Professional services.--Professional services
14 provided to the department that fall below acceptable
15 professional standards may result in transportation project
16 delays, overruns, and reduced facility life. To minimize these
17 effects and ensure that quality services are received, the
18 Legislature hereby declares that licensed professionals shall
19 be held accountable for the quality of the services they
20 provide to the department.
21 (2) Any person who is employed by the department and
22 who is licensed by the Department of Business and Professional
23 Regulation and who, through the course of his or her
24 employment, has knowledge or reason to believe that any person
25 has violated the provisions of state professional licensing
26 laws or rules shall submit a complaint about the violations to
27 the Department of Business and Professional Regulation.
28 Failure to submit a complaint about the violations may be
29 grounds for disciplinary action pursuant to part I of chapter
30 455 and the state licensing law applicable to that licensee.
31 However, licensees under part II of chapter 475 are exempt
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1 from the provisions of s. 455.227(1)(i). The complaint
2 submitted to the Department of Business and Professional
3 Regulation and maintained by the department is confidential
4 and exempt from s. 119.07(1).
5 Section 20. Subsections (1) and (2) of section 337.18,
6 Florida Statutes, 1998 Supplement, are amended to read:
7 337.18 Surety bonds; requirement with respect to
8 contract award; defaults; damage assessments.--
9 (1) A surety bond shall be required of the successful
10 bidder in an amount equal to the awarded contract price. For a
11 project for which the contract price is $150,000 or less, the
12 department may waive the requirement for all or a portion of a
13 surety bond if it determines the project is of a noncritical
14 nature and nonperformance will not endanger public health,
15 safety, or property. The department may require alternate
16 means of security if a surety bond is waived. The surety on
17 such bond shall be a surety company authorized to do business
18 in the state. All bonds shall be payable to the department
19 Governor and his or her successors in office and conditioned
20 for the prompt, faithful, and efficient performance of the
21 contract according to plans and specifications and within the
22 time period specified, and for the prompt payment of all
23 persons furnishing labor, material, equipment, and supplies
24 therefor; however, whenever an improvement, demolition, or
25 removal contract price is $25,000 or less, the security may,
26 in the discretion of the bidder, be in the form of a cashier's
27 check, bank money order of any state or national bank,
28 certified check, or postal money order.
29 (2) The department shall provide in its contracts for
30 the determination of default on the part of any contractor for
31 cause attributable to such contractor. The department shall
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1 have no liability for anticipated profits for unfinished work
2 on a contract which has been determined to be in default.
3 Every contract let by the department for the performance of
4 work shall contain a provision for payment to the department
5 by the contractor of liquidated damages due to failure of the
6 contractor to complete the contract work within the time
7 stipulated in the contract or within such additional time as
8 may have been granted by the department. The contractual
9 provision shall include a reasonable estimate of the damages
10 that would be incurred by the department as a result of such
11 failure. The department shall establish a schedule of daily
12 liquidated damage charges, based on original contract amounts,
13 for construction contracts entered into by the department,
14 which schedule shall be incorporated by reference into the
15 contract. The department shall update the schedule of
16 liquidated damages at least once every 2 years, but no more
17 often than once a year. The schedule shall, at a minimum, be
18 based on the average construction, engineering, and inspection
19 costs experienced by the department on contracts over the 2
20 preceding fiscal years. The schedule shall also include
21 anticipated costs of project-related delays and inconveniences
22 to the department and traveling public. Anticipated costs may
23 include, but are not limited to, road user costs, a portion of
24 the projected revenues that will be lost due to failure to
25 timely open a project to revenue-producing traffic, costs
26 resulting from retaining detours for an extended time, and
27 other similar costs. The schedule shall be divided into the
28 following categories, based on the original contract amounts:
29 (a) $50,000 and under;
30 (b) Over $50,000 but less than $250,000;
31 (c) $250,000 or more but less than $500,000;
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1 (d) $500,000 or more but less than $2.5 million;
2 (e) $2.5 million or more but less than $5 million;
3 (f) $5 million or more but less than $10 million;
4 (g) $10 million or more but less than $15 million;
5 (h) $15 million or more but less than $20 million; and
6 (i) $20 million and over.
7
8 Any such liquidated damages paid to the department shall be
9 deposited to the credit of the fund from which payment for the
10 work contracted was authorized.
11 Section 21. Subsections (1), (2), (3), (7), and (8) of
12 section 337.185, Florida Statutes, are amended to read:
13 337.185 State Arbitration Board.--
14 (1) To facilitate the prompt settlement of claims for
15 additional compensation arising out of construction contracts
16 between the department and the various contractors with whom
17 it transacts business, the Legislature does hereby establish
18 the State Arbitration Board, referred to in this section as
19 the "board." For the purpose of this section, "claim" shall
20 mean the aggregate of all outstanding claims by a party
21 arising out of a construction contract. Every contractual
22 claim in an amount up to $250,000 $100,000 per contract or, at
23 the claimant's option, up to $500,000 $250,000 per contract
24 or, upon agreement of the parties, up to $1 million per
25 contract that cannot be resolved by negotiation between the
26 department and the contractor shall be arbitrated by the board
27 after acceptance of the project by the department. As an
28 exception, either party to the dispute may request that the
29 claim be submitted to binding private arbitration. A court of
30 law may not consider the settlement of such a claim until the
31 process established by this section has been exhausted.
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1 (2) The board shall be composed of three members. One
2 member shall be appointed by the head of the department, and
3 one member shall be elected by those construction companies
4 who are under contract with the department. The third member
5 shall be chosen by agreement of the other two members.
6 Whenever the third member has a conflict of interest regarding
7 affiliation with one of the parties, the other two members
8 shall select an alternate member for that hearing. The head
9 of the department may select an alternative or substitute to
10 serve as the department member for any hearing or term. Each
11 member shall serve a 2-year term. The board shall elect a
12 chair, each term, who shall be the administrator of the board
13 and custodian of its records.
14 (3) A hearing may be requested by the department or by
15 a contractor who has a dispute with the department which,
16 under the rules of the board, may be the subject of
17 arbitration. The board shall conduct the hearing within 45
18 days of the request. The party requesting the board's
19 consideration shall give notice of the hearing to each member.
20 If the board finds that a third party is necessary to resolve
21 the dispute, the board may vote to dismiss the claim, which
22 may thereafter be pursued in accordance with the laws of the
23 state in a court of law.
24 (7) The members member of the board elected by
25 construction companies and the third member of the board may
26 receive compensation for the performance of their duties
27 hereunder, from administrative fees received by the board,
28 except that no employee of the department may receive
29 compensation from the board. The compensation amount shall be
30 determined by the board, but shall not exceed $125 per hour,
31 up to a maximum of $1,000 $750 per day for each member
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1 authorized to receive compensation. Nothing in this section
2 shall prevent the member elected by construction companies
3 from being an employee of an association affiliated with the
4 industry, even if the sole responsibility of that member is
5 service on the board. Travel expenses for the industry member
6 may be paid by an industry association, if necessary. The
7 board may allocate funds annually for clerical and other
8 administrative services.
9 (8) The party requesting arbitration shall pay a fee
10 to the board in accordance with a schedule established by it,
11 not to exceed $500 per claim which is $25,000 or less, not to
12 exceed $1,000 per claim which is in excess of $25,000 but not
13 exceeding $50,000, not to exceed $1,500 per claim which is in
14 excess of $50,000 but not exceeding $100,000, not to exceed
15 $2,000 per claim which is in excess of $100,000 but not
16 exceeding $200,000, and not to exceed $3,000 $2,500 per claim
17 which is in excess of $200,000 but not exceeding $300,000
18 $250,000, not to exceed $4,000 per claim which is in excess of
19 $300,000 but not exceeding $400,000, and not to exceed $5,000
20 per claim which is in excess of $400,000, to cover the cost of
21 administration and compensation of the board.
22 Section 22. Paragraph (a) of subsection (1) and
23 paragraph (i) of subsection (4) of section 337.25, Florida
24 Statutes, are amended to read:
25 337.25 Acquisition, lease, and disposal of real and
26 personal property.--
27 (1)(a) The department may purchase, lease, exchange,
28 or otherwise acquire any land, property interests, or
29 buildings or other improvements, including personal property
30 within such buildings or on such lands, necessary to secure or
31 utilize transportation rights-of-way for existing, proposed,
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1 or anticipated transportation facilities on the State Highway
2 System, on the State Park Road System, in a rail corridor, or
3 in a transportation corridor designated by the department.
4 Such property shall be held in the name of the state.
5 (4) The department may sell, in the name of the state,
6 any land, building, or other property, real or personal, which
7 was acquired under the provisions of subsection (1) and which
8 the department has determined is not needed for the
9 construction, operation, and maintenance of a transportation
10 facility. With the exception of any parcel governed by
11 paragraph (c), paragraph (d), paragraph (f), paragraph (g), or
12 paragraph (i), the department shall afford first right of
13 refusal to the local government in the jurisdiction of which
14 the parcel is situated. When such a determination has been
15 made, property may be disposed of in the following manner:
16 (i) If property was originally acquired specifically
17 to provide replacement housing for persons displaced by
18 federally assisted transportation projects, the department may
19 negotiate for the sale of such property as replacement
20 housing. As compensation, the state shall receive no less than
21 its investment in such properties or fair market value,
22 whichever is lower. It is expressly intended that this benefit
23 be extended only to those persons actually displaced by such
24 project. Dispositions to any other persons must be for fair
25 market value.
26 Section 23. Subsection (9) is added to section
27 337.251, Florida Statutes, to read:
28 337.251 Lease of property for joint public-private
29 development and areas above or below department property.--
30 (9) Notwithstanding s. 341.327, a fixed-guideway
31 transportation system authorized by the department to be
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1 wholly or partially within the department's right-of-way
2 pursuant to a lease granted under this section may operate at
3 any safe speed.
4 Section 24. Subsection (1) of section 337.403, Florida
5 Statutes, is amended to read:
6 337.403 Relocation of utility; expenses.--
7 (1) Any utility heretofore or hereafter placed upon,
8 under, over, or along any public road or publicly owned rail
9 corridor that is found by the authority to be unreasonably
10 interfering in any way with the convenient, safe, or
11 continuous use, or the maintenance, improvement, extension, or
12 expansion, of such public road or publicly owned rail corridor
13 shall, upon 30 days' written notice to the utility or its
14 agent by the authority, be removed or relocated by such
15 utility at its own expense except as provided in paragraphs
16 (a), and (b), and (c).
17 (a) If the relocation of utility facilities, as
18 referred to in s. 111 of the Federal-Aid Highway Act of 1956,
19 Pub. L. No. 627 of the 84th Congress, is necessitated by the
20 construction of a project on the federal-aid interstate
21 system, including extensions thereof within urban areas, and
22 the cost of such project is eligible and approved for
23 reimbursement by the Federal Government to the extent of 90
24 percent or more under the Federal Aid Highway Act, or any
25 amendment thereof, then in that event the utility owning or
26 operating such facilities shall relocate such facilities upon
27 order of the department, and the state shall pay the entire
28 expense properly attributable to such relocation after
29 deducting therefrom any increase in the value of the new
30 facility and any salvage value derived from the old facility.
31
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1 (b) When a joint agreement between the department and
2 the utility is executed for utility improvement, relocation,
3 or removal work to be accomplished as part of a contract for
4 construction of a transportation facility, the department may
5 participate in those utility improvement, relocation, or
6 removal costs that exceed the department's official estimate
7 of the cost of such work by more than 10 percent. The amount
8 of such participation shall be limited to the difference
9 between the official estimate of all the work in the joint
10 agreement plus 10 percent and the amount awarded for this work
11 in the construction contract for such work. The department may
12 not participate in any utility improvement, relocation, or
13 removal costs that occur as a result of changes or additions
14 during the course of the contract.
15 (c) When an agreement between the department and
16 utility is executed for utility improvement, relocation, or
17 removal work to be accomplished in advance of a contract for
18 construction of a transportation facility, the department may
19 participate in the cost of clearing and grubbing necessary to
20 perform such work.
21 Section 25. Subsection (1) of section 337.408, Florida
22 Statutes, is amended to read:
23 337.408 Regulation of benches, transit shelters, and
24 waste disposal receptacles within rights-of-way.--
25 (1) Benches or transit shelters, including advertising
26 displayed on benches or transit shelters, may be installed
27 within the right-of-way limits of any municipal, county, or
28 state road, except a limited access highway; provided that
29 such benches or transit shelters are for the comfort and or
30 convenience of the general public, or at recognized designated
31 stops on official bus routes; and, provided further, that
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1 written authorization has been given to a qualified private
2 supplier of such service by the municipal government within
3 whose incorporated limits such benches or transit shelters are
4 installed, or by the county government within whose
5 unincorporated limits such benches or transit shelters are
6 installed. A municipality or county may authorize the
7 installation, without public bid or limit in period of
8 service, of benches and transit shelters together with
9 advertising displayed thereon, within the right-of-way limits
10 of such roads. Any contract for the installation of benches or
11 transit shelters or advertising on benches or transit shelters
12 which was entered into before April 8, 1992, without public
13 bidding or limit in period of service, is ratified and
14 affirmed. Such benches or transit shelters may not interfere
15 with right-of-way preservation and maintenance. Any bench or
16 transit shelter located on a sidewalk within the right-of-way
17 limits of any road on the State Highway System or the county
18 road system shall be located so as to leave at least 36 inches
19 clearance for pedestrians and persons in wheelchairs. Such
20 clearance shall be measured in a direction perpendicular to
21 the centerline of the road.
22 Section 26. Paragraph (b) of subsection (2) of section
23 338.223, Florida Statutes, is amended to read:
24 338.223 Proposed turnpike projects.--
25 (2)
26 (b) In accordance with the legislative intent
27 expressed in s. 337.273, and after the requirements of
28 paragraph (1)(c) have been met, the department may acquire
29 lands and property before making a final determination of the
30 economic feasibility of a project. The requirements of
31 paragraph (1)(c) do not apply to hardship and protective
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1 purchases of advance right-of-way by the department. The cost
2 of advance acquisition of right-of-way may be paid from bonds
3 issued under s. 337.276 or from turnpike revenues. For
4 purposes of this paragraph, the term "hardship purchase" means
5 purchase from a property owner of a residential dwelling of
6 not more than four units who is at a disadvantage due to
7 health impairment, job loss, or significant loss of rental
8 income. For purposes of this paragraph, the term "protective
9 purchase" means that a purchase to limit development,
10 building, or other intensification of land uses within the
11 area right-of-way is needed for transportation facilities. The
12 department shall give written notice to the Department of
13 Environmental Protection 30 days before final agency
14 acceptance as set forth in s. 119.07(3)(n), which notice shall
15 allow the Department of Environmental Protection to comment.
16 Hardship and protective purchases of right-of-way shall not
17 influence the environmental feasibility of a project,
18 including the decision relative to the need to construct the
19 project or the selection of a specific location. Costs to
20 acquire and dispose of property acquired as hardship and
21 protective purchases are considered costs of doing business
22 for the department and are not to be considered in the
23 determination of environmental feasibility for the project.
24 Section 27. Section 338.229, Florida Statutes, is
25 amended to read:
26 338.229 Pledge to bondholders not to restrict certain
27 rights of department.--The state does pledge to, and agree
28 with, the holders of the bonds issued pursuant to ss.
29 338.22-338.241 ss. 338.22-338.244 that the state will not
30 limit or restrict the rights vested in the department to
31 construct, reconstruct, maintain, and operate any turnpike
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1 project as defined in ss. 338.22-338.241 ss. 338.22-338.244 or
2 to establish and collect such tolls or other charges as may be
3 convenient or necessary to produce sufficient revenues to meet
4 the expenses of maintenance and operation of the turnpike
5 system and to fulfill the terms of any agreements made with
6 the holders of bonds authorized by this act and that the state
7 will not in any way impair the rights or remedies of the
8 holders of such bonds until the bonds, together with interest
9 on the bonds, are fully paid and discharged. In implementing
10 this section, the department is specifically authorized to
11 provide for further restrictions on the sale, transfer, lease,
12 or other disposition or operation of any portion of the
13 turnpike system which reduces the revenue available for
14 payment to bondholders.
15 Section 28. Subsection (10) of section 338.251,
16 Florida Statutes, 1998 Supplement, is amended to read:
17 338.251 Toll Facilities Revolving Trust Fund.--The
18 Toll Facilities Revolving Trust Fund is hereby created for the
19 purpose of encouraging the development and enhancing the
20 financial feasibility of revenue-producing road projects
21 undertaken by local governmental entities in a county or
22 combination of contiguous counties.
23 (10) Any repayment of prior or future advances made
24 from the State Transportation Trust Fund which were used to
25 fund any project phase of a toll facility, shall be deposited
26 in the Toll Facilities Revolving Trust Fund. However, when
27 funds advanced to the Seminole County Expressway Authority
28 pursuant to this section are repaid to the Toll Facilities
29 Revolving Trust Fund by or on behalf of the Seminole County
30 Expressway Authority, those funds shall thereupon and
31 forthwith be appropriated for and advanced to the Seminole
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1 County Expressway Authority for funding the design of and the
2 advanced right-of-way acquisition for that segment of the
3 Seminole County Expressway extending from U.S. Highway 17/92
4 to Interstate Highway 4. Notwithstanding subsection (6), when
5 funds previously advanced to the Orlando-Orange County
6 Expressway Authority are repaid to the Toll Facilities
7 Revolving Trust Fund by or on behalf of the Orlando-Orange
8 County Expressway Authority, those funds may thereupon and
9 forthwith be appropriated for and advanced to the Seminole
10 County Expressway Authority for funding that segment of the
11 Seminole County Expressway extending from U.S. Highway 17/92
12 to Interstate Highway 4. Any funds advanced to the
13 Tampa-Hillsborough County Expressway Authority pursuant to
14 this section which have been or will be repaid on or after
15 July 1, 1998, to the Toll Facilities Revolving Trust Fund on
16 behalf of the Tampa-Hillsborough County Expressway Authority
17 shall thereupon and forthwith be appropriated for and advanced
18 to the Tampa-Hillsborough County Expressway Authority for
19 funding the design of and the advanced right-of-way
20 acquisition for the Brandon area feeder roads, capital
21 improvements to increase capacity to the expressway system,
22 and Lee Roy Selmon Crosstown Expressway System Widening as
23 authorized under s. 348.565.
24 Section 29. Section 339.155, Florida Statutes, is
25 amended to read:
26 339.155 Transportation planning.--
27 (1) THE FLORIDA TRANSPORTATION PLAN.--The department
28 shall develop and annually update a statewide transportation
29 plan, to be known as the Florida Transportation Plan. The
30 plan shall be designed so as to be easily read and understood
31 by the general public.
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1 (1) PURPOSE.--The purpose of the Florida
2 Transportation Plan is to establish and define the state's
3 long-range transportation goals and objectives of the
4 department to be accomplished over a period of at least 20
5 years within the context of the State Comprehensive Plan and
6 any other statutory mandates and authorizations. The Florida
7 Transportation Plan shall consider the needs of the entire
8 state transportation system and examine the use of all modes
9 of transportation to effectively and efficiently meet such
10 needs given to the department. The plan shall define the
11 relationship between the long-range goals and the short-range
12 objectives, and specify those objectives against which the
13 department's achievement of such goals will be measured. The
14 plan shall provide a policy framework within which the
15 department's legislative budget request, the strategic
16 information resource management plan, and the work program are
17 developed.
18 (2) SCOPE OF PLANNING PROCESS DEVELOPMENT CRITERIA.--
19 (a) The Florida Transportation Plan shall consider the
20 needs of the entire state transportation system, examine the
21 use of all modes of transportation to effectively and
22 efficiently meet such needs, and provide for the
23 interconnection of all types of modes in a comprehensive
24 intermodal transportation system. In developing the Florida
25 Transportation Plan, the department shall carry out a
26 transportation planning process that provides for
27 consideration of projects and strategies that will consider
28 the following:
29 1. Support the economic vitality of the United States,
30 Florida, and the metropolitan areas, especially by enabling
31 global competitiveness, productivity, and efficiency;
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1 2. Increase the safety and security of the
2 transportation system for motorized and nonmotorized users;
3 3. Increase the accessibility and mobility options
4 available to people and for freight;
5 4. Protect and enhance the environment, promote energy
6 conservation, and improve quality of life;
7 5. Enhance the integration and connectivity of the
8 transportation system, across and between modes throughout
9 Florida, for people and freight;
10 6. Promote efficient system management and operation;
11 and
12 7. Emphasize the preservation of the existing
13 transportation system.
14 (b) Additionally, the department shall consider:
15 1. With respect to nonmetropolitan areas, the concerns
16 of local elected officials representing units of general
17 purpose local government;
18 2. The concerns of Indian tribal governments and
19 federal land management agencies that have jurisdiction over
20 land within the boundaries of Florida; and
21 3. Coordination of transportation plans, programs, and
22 planning activities with related planning activities being
23 carried out outside of metropolitan planning areas.
24 (c)(a) The results of the management systems required
25 pursuant to federal laws and regulations.
26 (d)(b) Any federal, state, or local energy use goals,
27 objectives, programs, or requirements.
28 (e)(c) Strategies for incorporating bicycle
29 transportation facilities and pedestrian walkways in projects
30 where appropriate throughout the state.
31
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1 (f)(d) International border crossings and access to
2 ports, airports, intermodal transportation facilities, major
3 freight distribution routes, national parks, recreation and
4 scenic areas, monuments and historic sites, and military
5 installations.
6 (g)(e) The transportation needs of nonmetropolitan
7 areas through a process that includes consultation with local
8 elected officials with jurisdiction over transportation.
9 (h)(f) Consistency of the plan, to the maximum extent
10 feasible, with strategic regional policy plans, metropolitan
11 planning organization plans, and approved local government
12 comprehensive plans so as to contribute to the management of
13 orderly and coordinated community development.
14 (i)(g) Connectivity between metropolitan areas within
15 the state and with metropolitan areas in other states.
16 (j)(h) Recreational travel and tourism.
17 (k)(i) Any state plan developed pursuant to the
18 Federal Water Pollution Control Act.
19 (l)(j) Transportation system management and investment
20 strategies designed to make the most efficient use of existing
21 transportation facilities.
22 (m)(k) The total social, economic, energy, and
23 environmental effects of transportation decisions on the
24 community and region.
25 (n)(l) Methods to manage traffic congestion and to
26 prevent traffic congestion from developing in areas where it
27 does not yet occur, including methods which reduce motor
28 vehicle travel, particularly single-occupant vehicle travel.
29 (o)(m) Methods to expand and enhance transit services
30 and to increase the use of such services.
31
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1 (p)(n) The effect of transportation decisions on land
2 use and land development, including the need for consistency
3 between transportation decisionmaking and the provisions of
4 all applicable short-range and long-range land use and
5 development plans.
6 (q)(o) Where appropriate, the use of innovative
7 mechanisms for financing projects, including value capture
8 pricing, tolls, and congestion pricing.
9 (r)(p) Preservation and management of rights-of-way
10 for construction of future transportation projects, including
11 identification of unused rights-of-way which may be needed for
12 future transportation corridors, and identification of those
13 corridors for which action is most needed to prevent
14 destruction or loss.
15 (s)(q) Future, as well as existing, needs of the state
16 transportation system.
17 (t)(r) Methods to enhance the efficient movement of
18 commercial motor vehicles.
19 (u)(s) The use of life-cycle costs in the design and
20 engineering of bridges, tunnels, or pavement.
21 (v)(t) Investment strategies to improve adjoining
22 state and local roads that support rural economic growth and
23 tourism development, federal agency renewable resources
24 management, and multipurpose land management practices,
25 including recreation development.
26 (w)(u) The concerns of Indian tribal governments
27 having jurisdiction over lands within the boundaries of the
28 state.
29 (x)(v) A seaport or airport master plan, which has
30 been incorporated into an approved local government
31 comprehensive plan, and the linkage of transportation modes
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1 described in such plan which are needed to provide for the
2 movement of goods and passengers between the seaport or
3 airport and the other transportation facilities.
4 (y)(w) The joint use of transportation corridors and
5 major transportation facilities for alternate transportation
6 and community uses.
7 (z)(x) The integration of any proposed system into all
8 other types of transportation facilities in the community.
9 (3) FORMAT, SCHEDULE, AND REVIEW.--The Florida
10 Transportation Plan shall be a unified, concise planning
11 document that clearly defines the state's long-range
12 transportation goals and objectives and documents the
13 department's short-range objectives developed to further such
14 goals and objectives. The plan shall include a glossary that
15 clearly and succinctly defines any and all phrases, words, or
16 terms of art included in the plan, with which the general
17 public may be unfamiliar and shall consist of, at a minimum,
18 the following components:
19 (a) A long-range component documenting the goals and
20 long-term objectives necessary to implement the results of the
21 department's findings from its examination of the criteria
22 listed in subsection (2). The long-range component must be
23 developed in cooperation with the metropolitan planning
24 organizations and reconciled, to the maximum extent feasible,
25 with the long-range plans developed by metropolitan planning
26 organizations pursuant to s. 339.175. The plan must also be
27 developed in consultation with affected local officials in
28 nonmetropolitan areas and with any affected Indian tribal
29 governments. The plan must provide an examination of
30 transportation issues likely to arise during at least a
31 20-year period. The long-range component shall be updated at
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1 least once every 5 years, or more often as necessary, to
2 reflect substantive changes to federal or state law.
3 (b) A short-range component documenting the short-term
4 objectives and strategies necessary to implement the goals and
5 long-term objectives contained in the long-range component.
6 The short-range component must define the relationship between
7 the long-range goals and the short-range objectives, specify
8 those objectives against which the department's achievement of
9 such goals will be measured, and identify transportation
10 strategies necessary to efficiently achieve the goals and
11 objectives in the plan. It must provide a policy framework
12 within which the department's legislative budget request, the
13 strategic information resource management plan, and the work
14 program are developed. The short-range component shall serve
15 as the department's annual agency strategic plan pursuant to
16 s. 186.021. The short-range component shall be developed
17 consistent with the requirements of s. 186.022 and consistent
18 with available and forecasted state and federal funds. In
19 addition to those entities listed in s. 186.022, the
20 short-range component shall also be submitted to the Florida
21 Transportation Commission.
22 (4) ANNUAL PERFORMANCE REPORT.--The department shall
23 develop an annual performance report evaluating the operation
24 of the department for the preceding fiscal year. The report,
25 which shall meet the requirements of s. 186.022, shall also
26 include a summary of the financial operations of the
27 department and shall annually evaluate how well the adopted
28 work program meets the short-term objectives contained in the
29 short-range component of the Florida Transportation Plan. In
30 addition to the entities listed in s. 186.022, this
31 performance report shall also be submitted to the Florida
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1 Transportation Commission and the legislative appropriations
2 and transportation committees.
3 (5) ADDITIONAL TRANSPORTATION PLANS.--
4 (a) Upon request by local governmental entities, the
5 department may in its discretion develop and design
6 transportation corridors, arterial and collector streets,
7 vehicular parking areas, and other support facilities which
8 are consistent with the plans of the department for major
9 transportation facilities. The department may render to local
10 governmental entities or their planning agencies such
11 technical assistance and services as are necessary so that
12 local plans and facilities are coordinated with the plans and
13 facilities of the department.
14 (b) Each regional planning council, as provided for in
15 s. 186.504, or any successor agency thereto, shall develop, as
16 an element of its strategic regional policy plan,
17 transportation goals and policies. The transportation goals
18 and policies shall be consistent, to the maximum extent
19 feasible, with the goals and policies of the metropolitan
20 planning organization and the Florida Transportation Plan.
21 The transportation goals and policies of the regional planning
22 council will be advisory only and shall be submitted to the
23 department and any affected metropolitan planning organization
24 for their consideration and comments. Metropolitan planning
25 organization plans and other local transportation plans shall
26 be developed consistent, to the maximum extent feasible, with
27 the regional transportation goals and policies. The regional
28 planning council shall review urbanized area transportation
29 plans and any other planning products stipulated in s. 339.175
30 and provide the department and respective metropolitan
31 planning organizations with written recommendations which the
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1 department and the metropolitan planning organizations shall
2 take under advisement. Further, the regional planning
3 councils shall directly assist local governments which are not
4 part of a metropolitan area transportation planning process in
5 the development of the transportation element of their
6 comprehensive plans as required by s. 163.3177.
7 (6) PROCEDURES FOR PUBLIC PARTICIPATION IN
8 TRANSPORTATION PLANNING.--
9 (a) During the development of the long-range component
10 of the Florida Transportation Plan and prior to substantive
11 revisions, and prior to adoption of all subsequent amendments,
12 the department shall provide citizens, affected public
13 agencies, representatives of transportation agency employees,
14 other affected employee representatives, private providers of
15 transportation, and other known interested parties with an
16 opportunity to comment on the proposed plan or revisions
17 amendments. These opportunities This hearing shall include
18 presentation and discussion of the factors listed in
19 subsection (2) and shall include, at a minimum, publishing a
20 notice in the Florida Administrative Weekly and within a
21 newspaper of general circulation within the area of each
22 department district office. These notices shall be published
23 twice prior to the day of the hearing, with the first notice
24 appearing at least 14 days prior to the hearing.
25 (b) During development of major transportation
26 improvements, such as those increasing the capacity of a
27 facility through the addition of new lanes or providing new
28 access to a limited or controlled access facility or
29 construction of a facility in a new location, the department
30 shall hold one or more hearings prior to the selection of the
31 facility to be provided; prior to the selection of the site or
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1 corridor of the proposed facility; and prior to the selection
2 of and commitment to a specific design proposal for the
3 proposed facility. Such public hearings shall be conducted so
4 as to provide an opportunity for effective participation by
5 interested persons in the process of transportation planning
6 and site and route selection and in the specific location and
7 design of transportation facilities. The various factors
8 involved in the decision or decisions and any alternative
9 proposals shall be clearly presented so that the persons
10 attending the hearing may present their views relating to the
11 decision or decisions which will be made.
12 (c) Opportunity for design hearings:
13 1. The department, prior to holding a design hearing,
14 shall duly notice all affected property owners of record, as
15 recorded in the property appraiser's office, by mail at least
16 20 days prior to the date set for the hearing. The affected
17 property owners shall be:
18 a. Those whose property lies in whole or in part
19 within 300 feet on either side of the centerline of the
20 proposed facility.
21 b. Those who the department determines will be
22 substantially affected environmentally, economically,
23 socially, or safetywise.
24 2. For each subsequent hearing, the department shall
25 daily publish notice at least 14 days immediately prior to the
26 hearing date in a newspaper of general circulation for the
27 area affected.
28 3. A copy of the notice of opportunity for the hearing
29 shall be furnished to the United States Department of
30 Transportation and to the appropriate departments of the state
31 government at the time of publication.
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1 4. The opportunity for another hearing shall be
2 afforded in any case when proposed locations or designs are so
3 changed from those presented in the notices specified above or
4 at a hearing as to have a substantially different social,
5 economic, or environmental effect.
6 5. The opportunity for a hearing shall be afforded in
7 each case in which the department is in doubt as to whether a
8 hearing is required.
9 Section 30. Section 339.175, Florida Statutes, is
10 amended to read:
11 339.175 Metropolitan planning organization.--It is the
12 intent of the Legislature to encourage and promote the safe
13 and efficient management, operation, and development of
14 surface transportation systems embracing various modes of
15 transportation in a manner that will serve maximize the
16 mobility needs of people and freight goods within and through
17 urbanized areas of this state while minimizing and minimize,
18 to the maximum extent feasible, and together with applicable
19 regulatory government agencies, transportation-related fuel
20 consumption and air pollution. To accomplish these
21 objectives, metropolitan planning organizations, referred to
22 in this section as M.P.O.'s, shall develop, in cooperation
23 with the state and public transit operators, transportation
24 plans and programs for metropolitan areas. The plans and
25 programs for each metropolitan area must provide for the
26 development and integrated management and operation of
27 transportation systems and facilities, including pedestrian
28 walkways and bicycle transportation facilities that will
29 function as an intermodal transportation system for the
30 metropolitan area Such plans and programs must provide for the
31 development of transportation facilities that will function as
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1 an intermodal transportation system for the metropolitan area.
2 The process for developing such plans and programs shall
3 provide for consideration of all modes of transportation and
4 shall be continuing, cooperative, and comprehensive, to the
5 degree appropriate, based on the complexity of the
6 transportation problems to be addressed.
7 (1) DESIGNATION.--
8 (a)1. An M.P.O. shall be designated for each urbanized
9 area of the state. Such designation shall be accomplished by
10 agreement between the Governor and units of general-purpose
11 local government representing at least 75 percent of the
12 population of the urbanized area; however, the unit of
13 general-purpose local government that represents the central
14 city or cities within the M.P.O. jurisdiction, as defined by
15 the United States Bureau of the Census, must be a party to
16 such agreement.
17 2. More than one M.P.O. may be designated within an
18 existing metropolitan planning area urbanized area only if the
19 Governor and the existing M.P.O. determine determines that the
20 size and complexity of the existing metropolitan planning area
21 makes justifies the designation of more than one M.P.O. for
22 the area appropriate multiple M.P.O.'s.
23 (b) Each M.P.O. shall be created and operated under
24 the provisions of this section pursuant to an interlocal
25 agreement entered into pursuant to s. 163.01. The signatories
26 to the interlocal agreement shall be the department and the
27 governmental entities designated by the Governor for
28 membership on the M.P.O. If there is a conflict between this
29 section and s. 163.01, this section prevails.
30 (c) The jurisdictional boundaries of an M.P.O. shall
31 be determined by agreement between the Governor and the
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1 applicable M.P.O. The boundaries must include at least the
2 metropolitan planning area, which is the existing urbanized
3 area and the contiguous area expected to become urbanized
4 within a 20-year forecast period, at a minimum, the
5 metropolitan area and may encompass include the entire
6 metropolitan statistical area or the consolidated metropolitan
7 statistical area.
8 (d) In the case of an urbanized area designated as a
9 nonattainment area for ozone or carbon monoxide under the
10 Clean Air Act 42 U.S.C. s. 7401 et seq., the boundaries of the
11 metropolitan planning area in existence as of the date of
12 enactment of this paragraph shall be retained, except that the
13 boundaries may be adjusted by agreement of the Governor and
14 affected metropolitan planning organizations in the manner
15 described in this section. If more than one M.P.O. has
16 authority within a metropolitan area or an area that is
17 designated as a nonattainment area, each M.P.O. shall consult
18 with other M.P.O.'s designated for such area and with the
19 state in the coordination of plans and programs required by
20 this section.
21
22 Each M.P.O. required under this section must be fully
23 operative no later than 6 months following its designation.
24 (2) VOTING MEMBERSHIP.--
25 (a) The voting membership of an M.P.O. shall consist
26 of not fewer than 5 or more than 19 apportioned members, the
27 exact number to be determined on an equitable
28 geographic-population ratio basis by the Governor, based on an
29 agreement among the affected units of general-purpose local
30 government as required by federal rules and regulations. The
31 Governor, in accordance with 23 U.S.C. s. 134, as amended by
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1 the Intermodal Surface Transportation Efficiency Act of 1991,
2 may also provide for M.P.O. members who represent
3 municipalities to alternate with representatives from other
4 municipalities within the metropolitan planning designated
5 urban area that do not have members on the M.P.O. County
6 commission members shall compose not less than one-third of
7 the M.P.O. membership, except for an M.P.O. with more than 15
8 members located in a county with a five-member county
9 commission or an M.P.O. with 19 members located in a county
10 with no more than 6 county commissioners, in which case county
11 commission members may compose less than one-third percent of
12 the M.P.O. membership, but all county commissioners must be
13 members. All voting members shall be elected officials of
14 general-purpose governments, except that an M.P.O. may
15 include, as part of its apportioned voting members, a member
16 of a statutorily authorized planning board or an official of
17 an agency that operates or administers a major mode of
18 transportation. In metropolitan areas in which authorities or
19 other agencies have been, or may be, created by law to perform
20 transportation functions that are not under the jurisdiction
21 of a general-purpose local government represented on the
22 M.P.O., they shall be provided voting membership on the M.P.O.
23 The county commission shall compose not less than 20 percent
24 of the M.P.O. membership if an official of an agency that
25 operates or administers a major mode of transportation has
26 been appointed to an M.P.O.
27 (b) In metropolitan areas in which authorities or
28 other agencies have been or may be created by law to perform
29 transportation functions that are not under the jurisdiction
30 of a general purpose local government represented on the
31 M.P.O., they shall be provided voting membership on the M.P.O.
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1 In all other M.P.O.'s where transportation authorities or
2 agencies are to be represented by elected officials from
3 general purpose local governments, the M.P.O. shall establish
4 a process by which the collective interests of such
5 authorities or other agencies are expressed and conveyed.
6 (c)(b) Any other provision of this section to the
7 contrary notwithstanding, any county chartered under s. 6(e),
8 Art. VIII of the State Constitution may elect to have its
9 county commission serve as the M.P.O., if the M.P.O.
10 jurisdiction is wholly contained within the county. Any
11 charter county that elects to exercise the provisions of this
12 paragraph shall so notify the Governor in writing. Upon
13 receipt of such notification, the Governor must designate the
14 county commission as the M.P.O. The Governor must appoint
15 four additional voting members to the M.P.O., one of whom must
16 be an elected official representing a municipality within the
17 county, one of whom must be an expressway authority member,
18 one of whom must be a person who does not hold elected public
19 office and who resides in the unincorporated portion of the
20 county, and one of whom must be a school board member.
21 (3) APPORTIONMENT.--
22 (a) The Governor shall, with the agreement of the
23 affected units of general-purpose local government as required
24 by federal rules and regulations, apportion the membership on
25 the applicable M.P.O. among the various governmental entities
26 within the area and shall prescribe a method for appointing
27 alternate members who may vote at any M.P.O. meeting that an
28 alternate member attends in place of a regular member. An
29 appointed alternate member must be an elected official serving
30 the same governmental entity or a general-purpose local
31 government with jurisdiction within all or part of the area
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1 that the regular member serves. The governmental entity so
2 designated shall appoint the appropriate number of members to
3 the M.P.O. from eligible officials. Representatives of the
4 department shall serve as nonvoting members of the M.P.O.
5 Nonvoting advisers may be appointed by the M.P.O. as deemed
6 necessary. The Governor shall review the composition of the
7 M.P.O. membership in conjunction with the decennial census as
8 prepared by the United States Department of Commerce, Bureau
9 of Census at least every 5 years and reapportion it as
10 necessary to comply with subsection (2).
11 (b) Except for members who represent municipalities on
12 the basis of alternating with representatives from other
13 municipalities that do not have members on the M.P.O. as
14 provided in paragraph (2)(a), the members of an M.P.O. shall
15 serve 4-year terms. Members who represent municipalities on
16 the basis of alternating with representatives from other
17 municipalities that do not have members on the M.P.O. as
18 provided in paragraph (2)(a) may serve terms of up to 4 years
19 as further provided in the interlocal agreement described in
20 paragraph (1)(b). The membership of a member who is a public
21 official automatically terminates upon the member's leaving
22 his or her elective or appointive office for any reason, or
23 may be terminated by a majority vote of the total membership
24 of a county or city governing entity represented by the
25 member. A vacancy shall be filled by the original appointing
26 entity. A member may be reappointed for one or more
27 additional 4-year terms.
28 (c) If a governmental entity fails to fill an assigned
29 appointment to an M.P.O. within 60 days after notification by
30 the Governor of its duty to appoint, that appointment shall be
31
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1 made by the Governor from the eligible representatives of that
2 governmental entity.
3 (4) AUTHORITY AND RESPONSIBILITY.--The authority and
4 responsibility of an M.P.O. is to manage a continuing,
5 cooperative, and comprehensive transportation planning process
6 that results in the development of plans and programs which
7 are consistent, to the maximum extent feasible, with the
8 approved local government comprehensive plans of the units of
9 local government the boundaries of which are within the
10 metropolitan area of the M.P.O. An M.P.O. shall be the forum
11 for cooperative decisionmaking by officials of the affected
12 governmental entities in the development of the plans and
13 programs required by subsections (5), (6), (7), and (8).
14 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
15 privileges, and authority of an M.P.O. are those specified in
16 this section or incorporated in an interlocal agreement
17 authorized under s. 163.01. Each M.P.O. shall perform all
18 acts required by federal or state laws or rules, now and
19 subsequently applicable, which are necessary to qualify for
20 federal aid. It is the intent of this section that each M.P.O.
21 shall be involved in the planning and programming of
22 transportation facilities, including, but not limited to,
23 airports, intercity and high-speed rail lines, seaports, and
24 intermodal facilities, to the extent permitted by state or
25 federal law.
26 (a) Each M.P.O. shall, in cooperation with the
27 department, develop:
28 1. A long-range transportation plan pursuant to the
29 requirements of subsection (6);
30 2. An annually updated transportation improvement
31 program pursuant to the requirements of subsection (7); and
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1 3. An annual unified planning work program pursuant to
2 the requirements of subsection (8).
3 (b) In developing the long-range transportation plan
4 and the transportation improvement program required under
5 paragraph (a), each M.P.O. shall provide for consideration of
6 projects and strategies that will must, at a minimum,
7 consider:
8 1. Support the economic vitality of the metropolitan
9 area, especially by enabling global competitiveness,
10 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, for people
19 and freight;
20 6. Promote efficient system management and operation;
21 and
22 7. Emphasize the preservation of the existing
23 transportation system.
24 1. The preservation of existing transportation
25 facilities and, where practical, ways to meet transportation
26 needs by using existing facilities more efficiently;
27 2. The consistency of transportation planning with
28 applicable federal, state, and local energy conservation
29 programs, goals, and objectives;
30 3. The need to relieve congestion and prevent
31 congestion from occurring where it does not yet occur;
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1 4. The likely effect of transportation policy
2 decisions on land use and development and the consistency of
3 transportation plans and programs with all applicable
4 short-term and long-term land use and development plans;
5 5. The programming of transportation enhancement
6 activities as required by federal law;
7 6. The effect of all transportation projects to be
8 undertaken in the metropolitan area, without regard to whether
9 such projects are publicly funded;
10 7. The provision of access to seaports, airports,
11 intermodal transportation facilities, major freight
12 distribution routes, national and state parks, recreation
13 areas, monuments and historic sites, and military
14 installations;
15 8. The need for roads within the metropolitan area to
16 efficiently connect with roads outside the metropolitan area;
17 9. The transportation needs identified through the use
18 of transportation management systems required by federal or
19 state law;
20 10. The preservation of rights-of-way for construction
21 of future transportation projects, including the
22 identification of unused rights-of-way that may be needed for
23 future transportation corridors and the identification of
24 corridors for which action is most needed to prevent
25 destruction or loss;
26 11. Any available methods to enhance the efficient
27 movement of freight;
28 12. The use of life-cycle costs in the design and
29 engineering of bridges, tunnels, or pavement;
30 13. The overall social, economic, energy, and
31 environmental effects of transportation decisions;
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1 14. Any available methods to expand or enhance transit
2 services and increase the use of such services; and
3 15. The possible allocation of capital investments to
4 increase security for transit systems.
5 (c) In order to provide recommendations to the
6 department and local governmental entities regarding
7 transportation plans and programs, each M.P.O. shall:
8 1. Prepare a congestion management system for the
9 metropolitan area and cooperate with the department in the
10 development of all other transportation management systems
11 required by state or federal law;
12 2. Assist the department in mapping transportation
13 planning boundaries required by state or federal law;
14 3. Assist the department in performing its duties
15 relating to access management, functional classification of
16 roads, and data collection;
17 4. Execute all agreements or certifications necessary
18 to comply with applicable state or federal law;
19 5. Represent all the jurisdictional areas within the
20 metropolitan area in the formulation of transportation plans
21 and programs required by this section; and
22 6. Perform all other duties required by state or
23 federal law.
24 (d) Each M.P.O. shall appoint a technical advisory
25 committee that includes planners; engineers; representatives
26 of local aviation authorities, port authorities, and public
27 transit authorities or representatives of aviation
28 departments, seaport departments, and public transit
29 departments of municipal or county governments, as applicable;
30 the school superintendent of each county within the
31 jurisdiction of the M.P.O. or the superintendent's designee;
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1 and other appropriate representatives of affected local
2 governments. In addition to any other duties assigned to it by
3 the M.P.O. or by state or federal law, the technical advisory
4 committee is responsible for identifying projects contained in
5 the long-range transportation plan or transportation
6 improvement program which deserve to be classified as a school
7 safety concern. Upon receipt of the recommendation from the
8 technical advisory committee that a project should be so
9 classified, the M.P.O. must vote on whether to classify a
10 particular project as a school safety concern. If the M.P.O.
11 votes that a project should be classified as a school safety
12 concern, the local governmental entity responsible for the
13 project must consider at least two alternatives before making
14 a decision about project location or alignment.
15 (e)1. Each M.P.O. shall appoint a citizens' advisory
16 committee, the members of which serve at the pleasure of the
17 M.P.O. The membership on the citizens' advisory committee must
18 reflect a broad cross section of local residents with an
19 interest in the development of an efficient, safe, and
20 cost-effective transportation system. Minorities, the elderly,
21 and the handicapped must be adequately represented.
22 2. Notwithstanding the provisions of subparagraph 1.,
23 an M.P.O. may, with the approval of the department and the
24 applicable federal governmental agency, adopt an alternative
25 program or mechanism to ensure citizen involvement in the
26 transportation planning process.
27 (f) The department shall allocate to each M.P.O., for
28 the purpose of accomplishing its transportation planning and
29 programming duties, an appropriate amount of federal
30 transportation planning funds.
31
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1 (g) Each M.P.O. may employ personnel or may enter into
2 contracts with local or state agencies, private planning
3 firms, or private engineering firms to accomplish its
4 transportation planning and programming duties required by
5 state or federal law.
6 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
7 develop a long-range transportation plan that addresses at
8 least a 20-year planning horizon. The plan must include both
9 long-range and short-range strategies and must comply with all
10 other state and federal requirements. The long-range
11 transportation plan must be consistent, to the maximum extent
12 feasible, with future land use elements and the goals,
13 objectives, and policies of the approved local government
14 comprehensive plans of the units of local government located
15 within the jurisdiction of the M.P.O. The approved long-range
16 transportation plan must be considered by local governments in
17 the development of the transportation elements in local
18 government comprehensive plans and any amendments thereto. The
19 long-range transportation plan must, at a minimum:
20 (a) Identify transportation facilities, including, but
21 not limited to, major roadways, airports, seaports, commuter
22 rail systems, transit systems, and intermodal or multimodal
23 terminals that will function as an integrated metropolitan
24 transportation system. The long-range transportation plan
25 must give emphasis to those transportation facilities that
26 serve national, statewide, or regional functions, and must
27 consider the goals and objectives identified in the Florida
28 Transportation Plan as provided in s. 339.155. If a project is
29 located within the boundaries of more than one M.P.O., the
30 M.P.O.'s must coordinate plans regarding the project in the
31 long-range transportation plan.
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1 (b) Include a financial plan that demonstrates how the
2 plan can be implemented, indicating resources from public and
3 private sources which are reasonably expected to be available
4 to carry out the plan, and recommends any additional financing
5 strategies for needed projects and programs. The financial
6 plan may include, for illustrative purposes, additional
7 projects that would be included in the adopted long-range
8 transportation plan if reasonable additional resources beyond
9 those identified in the financial plan were available. For the
10 purpose of developing the long-range transportation plan, the
11 M.P.O. and the department shall cooperatively develop
12 estimates of funds that will be available to support the plan
13 implementation. Innovative financing techniques that may be
14 used to fund needed projects and programs. Such techniques
15 may include the assessment of tolls, the use of value capture
16 financing, or the use of value congestion pricing.
17 (c) Assess capital investment and other measures
18 necessary to:
19 1. Ensure the preservation of the existing
20 metropolitan transportation system including requirements for
21 the operation, resurfacing, restoration, and rehabilitation of
22 major roadways and requirements for the operation,
23 maintenance, modernization, and rehabilitation of public
24 transportation facilities; and
25 2. Make the most efficient use of existing
26 transportation facilities to relieve vehicular congestion and
27 maximize the mobility of people and goods.
28 (d) Indicate, as appropriate, proposed transportation
29 enhancement activities, including, but not limited to,
30 pedestrian and bicycle facilities, scenic easements,
31 landscaping, historic preservation, mitigation of water
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1 pollution due to highway runoff, and control of outdoor
2 advertising.
3 (e) In addition to the requirements of paragraphs
4 (a)-(d), in metropolitan areas that are classified as
5 nonattainment areas for ozone or carbon monoxide, the M.P.O.
6 must coordinate the development of the long-range
7 transportation plan with the State Implementation Plan
8 developed pursuant to the requirements of the federal Clean
9 Air Act.
10
11 In the development of its long-range transportation plan, each
12 M.P.O. must provide the public, affected public agencies,
13 representatives of transportation agency employees, freight
14 shippers, providers of freight transportation services,
15 private providers of transportation, representatives of users
16 of public transit, and other interested parties, and members
17 of the general public with a reasonable opportunity to comment
18 on the long-range transportation plan. The long-range
19 transportation plan must be approved by the M.P.O.
20 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
21 shall, in cooperation with the state and affected public
22 transportation operators, develop a transportation improvement
23 program for the area within the jurisdiction of the M.P.O. In
24 the development of the transportation improvement program,
25 each M.P.O. must provide the public, affected public transit
26 agencies, representatives of transportation agency employees,
27 freight shippers, providers of freight transportation
28 services, private providers of transportation, representatives
29 of users of public transit, and other interested parties, and
30 members of the general public with a reasonable opportunity to
31 comment on the proposed transportation improvement program.
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1 (a) Each M.P.O. is responsible for developing,
2 annually, a list of project priorities and a transportation
3 improvement program. The transportation improvement program
4 will be used to initiate federally aided transportation
5 facilities and improvements as well as other transportation
6 facilities and improvements including transit, rail, aviation,
7 and port facilities to be funded from the State Transportation
8 Trust Fund within its metropolitan area in accordance with
9 existing and subsequent federal and state laws and rules and
10 regulations related thereto. The transportation improvement
11 program shall be consistent, to the maximum extent feasible,
12 with the approved local government comprehensive plans of the
13 units of local government whose boundaries are within the
14 metropolitan area of the M.P.O.
15 (b) Each M.P.O. annually shall prepare a list of
16 project priorities and shall submit the list to the
17 appropriate district of the department by October 1 of each
18 year; however, the department and a metropolitan planning
19 organization may, in writing, agree to vary this submittal
20 date. The list of project priorities must be formally reviewed
21 by the technical and citizens' advisory committees, and
22 approved by the M.P.O., before it is transmitted to the
23 district. The approved list of project priorities must be used
24 by the district in developing the district work program and
25 must be used by the M.P.O. in developing its transportation
26 improvement program. The annual list of project priorities
27 must be based upon project selection criteria that, at a
28 minimum, consider the following:
29 1. The approved M.P.O. long-range transportation plan;
30 2. The results of the transportation management
31 systems; and
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1 3. The M.P.O.'s public-involvement procedures.
2 (c) The transportation improvement program must, at a
3 minimum:
4 1. Include projects and project phases to be funded
5 with state or federal funds within the time period of the
6 transportation improvement program and which are recommended
7 for advancement during the next fiscal year and 4 subsequent
8 fiscal years. Such projects and project phases must be
9 consistent, to the maximum extent feasible, with the approved
10 local government comprehensive plans of the units of local
11 government located within the jurisdiction of the M.P.O. For
12 informational purposes, the transportation improvement program
13 shall also include a list of projects to be funded from local
14 or private revenues.
15 2. Include projects within the metropolitan area which
16 are proposed for funding under 23 U.S.C. s. 134 of the Federal
17 Transit Act and which are consistent with the long-range
18 transportation plan developed under subsection (6).
19 3. Provide a financial plan that demonstrates how the
20 transportation improvement program can be implemented;
21 indicates the resources, both public and private, that are
22 reasonably expected to be available to accomplish the program;
23 identifies and recommends any innovative financing techniques
24 that may be used to fund needed projects and programs; and may
25 include, for illustrative purposes, additional projects that
26 would be included in the approved transportation improvement
27 program if reasonable additional resources beyond those
28 identified in the financial plan were available. Innovative
29 financing. Such techniques may include the assessment of
30 tolls, the use of value capture financing, or the use of value
31 congestion pricing. The transportation improvement program
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1 may include a project or project phase only if full funding
2 can reasonably be anticipated to be available for the project
3 or project phase within the time period contemplated for
4 completion of the project or project phase.
5 4. Group projects and project phases of similar
6 urgency and anticipated staging into appropriate staging
7 periods.
8 5. Indicate how the transportation improvement program
9 relates to the long-range transportation plan developed under
10 subsection (6), including providing examples of specific
11 projects or project phases that further the goals and policies
12 of the long-range transportation plan.
13 6. Indicate whether any project or project phase is
14 inconsistent with an approved comprehensive plan of a unit of
15 local government located within the jurisdiction of the M.P.O.
16 If a project is inconsistent with an affected comprehensive
17 plan, the M.P.O. must provide justification for including the
18 project in the transportation improvement program.
19 7. Indicate how the improvements are consistent, to
20 the maximum extent feasible, with affected seaport and airport
21 master plans and with public transit development plans of the
22 units of local government located within the jurisdiction of
23 the M.P.O. If a project is located within the boundaries of
24 more than one M.P.O., the M.P.O.'s must coordinate plans
25 regarding the project in the transportation improvement
26 program.
27 (d) Projects included in the transportation
28 improvement program and that have advanced to the design stage
29 of preliminary engineering may be removed from or rescheduled
30 in a subsequent transportation improvement program only by the
31 joint action of the M.P.O. and the department. Except when
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1 recommended in writing by the district secretary for good
2 cause, any project removed from or rescheduled in a subsequent
3 transportation improvement program shall not be rescheduled by
4 the M.P.O. in that subsequent program earlier than the 5th
5 year of such program.
6 (e) During the development of the transportation
7 improvement program, the M.P.O. shall, in cooperation with the
8 department and any affected public transit operation, provide
9 citizens, affected public agencies, representatives of
10 transportation agency employees, freight shippers, providers
11 of freight transportation services, private providers of
12 transportation, representatives of users of public transit,
13 and other interested parties with reasonable notice of and an
14 opportunity to comment on the proposed program.
15 (f)(e) The adopted annual transportation improvement
16 program for M.P.O.'s in nonattainment or maintenance areas
17 must be submitted to the district secretary and the Department
18 of Community Affairs at least 90 days before the submission of
19 the state transportation improvement program by the department
20 to the appropriate federal agencies. The annual transportation
21 improvement program for M.P.O.'s in attainment areas must be
22 submitted to the district secretary and the Department of
23 Community Affairs at least 45 days before the department
24 submits the state transportation improvement program to the
25 appropriate federal agencies; however, the department, the
26 Department of Community Affairs, and a metropolitan planning
27 organization may, in writing, agree to vary this submittal
28 date. The Governor or the Governor's designee shall review
29 and approve each transportation improvement program and any
30 amendments thereto.
31
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1 (g)(f) The Department of Community Affairs shall
2 review the annual transportation improvement program of each
3 M.P.O. for consistency with the approved local government
4 comprehensive plans of the units of local government whose
5 boundaries are within the metropolitan area of each M.P.O. and
6 shall identify those projects that are inconsistent with such
7 comprehensive plans. The Department of Community Affairs shall
8 notify an M.P.O. of any transportation projects contained in
9 its transportation improvement program which are inconsistent
10 with the approved local government comprehensive plans of the
11 units of local government whose boundaries are within the
12 metropolitan area of the M.P.O.
13 (h) The M.P.O. shall annually publish or otherwise
14 make available for public review the annual listing of
15 projects for which federal funds have been obligated in the
16 preceding year. Project monitoring systems must be maintained
17 by those agencies responsible for obligating federal funds and
18 made accessible to the M.P.O.'s.
19 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
20 develop, in cooperation with the department and public
21 transportation providers, a unified planning work program that
22 lists all planning tasks to be undertaken during the program
23 year. The unified planning work program must provide a
24 complete description of each planning task and an estimated
25 budget therefor and must comply with applicable state and
26 federal law.
27 (9) AGREEMENTS.--
28 (a) Each M.P.O. shall execute the following written
29 agreements, which shall be reviewed, and updated as necessary,
30 every 5 years:
31
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1 1. An agreement with the department clearly
2 establishing the cooperative relationship essential to
3 accomplish the transportation planning requirements of state
4 and federal law.
5 2. An agreement with the metropolitan and regional
6 intergovernmental coordination and review agencies serving the
7 metropolitan areas, specifying the means by which activities
8 will be coordinated and how transportation planning and
9 programming will be part of the comprehensive planned
10 development of the area.
11 3. An agreement with operators of public
12 transportation systems, including transit systems, commuter
13 rail systems, airports, and seaports, describing the means by
14 which activities will be coordinated and specifying how public
15 transit, commuter rail, aviation, and seaport planning and
16 programming will be part of the comprehensive planned
17 development of the metropolitan area.
18 (b) An M.P.O. may execute other agreements required by
19 state or federal law or as necessary to properly accomplish
20 its functions.
21 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
22 COUNCIL.--
23 (a) A Metropolitan Planning Organization Advisory
24 Council is created to augment, and not supplant, the role of
25 the individual M.P.O.'s in the cooperative transportation
26 planning process described in s. 339.155(5).
27 (b) The council shall consist of one representative
28 from each M.P.O. and shall elect a chairperson annually from
29 its number. Each M.P.O. shall also elect an alternate
30 representative from each M.P.O. to vote in the absence of the
31 representative. Members of the council do not receive any
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1 compensation for their services, but may be reimbursed from
2 funds made available to council members for travel and per
3 diem expenses incurred in the performance of their council
4 duties as provided in s. 112.061.
5 (c) The powers and duties of the Metropolitan Planning
6 Organization Advisory Council are to:
7 1. Enter into contracts with individuals, private
8 corporations, and public agencies.
9 2. Acquire, own, operate, maintain, sell, or lease
10 personal property essential for the conduct of business.
11 3. Accept funds, grants, assistance, gifts, or
12 bequests from private, local, state, or federal sources.
13 4. Establish bylaws and adopt rules pursuant to ss.
14 120.536(1) and 120.54 to implement provisions of law
15 conferring powers or duties upon it.
16 5. Assist M.P.O.'s in carrying out the urbanized area
17 transportation planning process by serving as the principal
18 forum for collective policy discussion pursuant to law.
19 6. Serve as a clearinghouse for review and comment by
20 M.P.O.'s on the Florida Transportation Plan and on other
21 issues required to comply with federal or state law in
22 carrying out the urbanized area transportation and systematic
23 planning processes instituted pursuant to s. 339.155.
24 7. Employ an executive director and such other staff
25 as necessary to perform adequately the functions of the
26 council, within budgetary limitations. The executive director
27 and staff are exempt from part II of chapter 110 and serve at
28 the direction and control of the council. The council is
29 assigned to the Office of the Secretary of the Department of
30 Transportation or for fiscal and accountability purposes, but
31
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1 it shall otherwise function independently of the control and
2 direction of the department.
3 8. Adopt an agency strategic plan that provides the
4 priority directions the agency will take to carry out its
5 mission within the context of the state comprehensive plan and
6 any other statutory mandates and directions given to the
7 agency.
8 (11) APPLICATION OF FEDERAL LAW.--Upon notification by
9 an agency of the Federal Government that any provision of this
10 section conflicts with federal laws or regulations, such
11 federal laws or regulations will take precedence to the extent
12 of the conflict until such conflict is resolved. The
13 department or an M.P.O. may take any necessary action to
14 comply with such federal laws and regulations or to continue
15 to remain eligible to receive federal funds.
16 Section 31. Subsection (14) is added to section
17 341.041, Florida Statutes, 1998 Supplement, to read:
18 341.041 Transit responsibilities of the
19 department.--The department shall, within the resources
20 provided pursuant to chapter 216:
21 (14) Create and maintain a common self-retention
22 insurance fund to support fixed-guideway projects throughout
23 the state when there is a contractual obligation to have the
24 fund in existence in order to provide fixed-guideway services.
25 The maximum limit of the fund is as required by any
26 contractual obligation.
27 Section 32. Subsections (6) and (8) of section
28 341.302, Florida Statutes, are amended to read:
29 341.302 Rail program, duties and responsibilities of
30 the department.--The department, in conjunction with other
31 governmental units and the private sector, shall develop and
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1 implement a rail program of statewide application designed to
2 ensure the proper maintenance, safety, revitalization, and
3 expansion of the rail system to assure its continued and
4 increased availability to respond to statewide mobility needs.
5 Within the resources provided pursuant to chapter 216, and as
6 authorized under Title 49 C.F.R. part 212, the department
7 shall:
8 (6) Secure and administer federal grants, loans, and
9 apportionments for rail projects within this state when
10 necessary to further the statewide program.
11 (8) Conduct, at a minimum, inspections of track and
12 rolling stock, train signals and related equipment, hazardous
13 materials transportation, including the loading, unloading,
14 and labeling of hazardous materials at shippers', receivers',
15 and transfer points, and train operating practices to
16 determine adherence to state and federal standards.
17 Department personnel may enforce any safety regulation issued
18 under the Federal Government's preemptive authority over
19 interstate commerce.
20 Section 33. Paragraph (a) of subsection (2) and
21 subsections (3), (4), (5), (6), (9), and (10) of section
22 373.4137, Florida Statutes, are amended to read:
23 373.4137 Mitigation requirements.--
24 (2) Environmental impact inventories for
25 transportation projects proposed by the Department of
26 Transportation shall be developed as follows:
27 (a) By May 1 of each year Beginning July 1996, the
28 Department of Transportation shall submit annually to the
29 Department of Environmental Protection and the water
30 management districts a copy of its adopted work program and an
31 inventory of habitats addressed in the rules tentatively,
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1 adopted pursuant to this part and s. 404 of the Clean Water
2 Act, 33 U.S.C. s. 1344, which may be impacted by its plan of
3 construction for transportation projects in the next first 3
4 years of the tentative work program. The Department of
5 Transportation may also include in its inventory the habitat
6 impacts of any future transportation project identified in the
7 tentative work program. For the July 1996 submittal, the
8 inventory may exclude those projects which have received
9 permits pursuant to this part and s. 404 of the Clean Water
10 Act, 33 U.S.C. s. 1344, projects for which mitigation planning
11 or design has commenced, or projects for which mitigation has
12 been implemented in anticipation of future permitting needs.
13 (3) To fund the mitigation plan for the projected
14 impacts identified in the inventory described in subsection
15 (2), beginning July 1, 1997, the Department of Transportation
16 shall identify funds quarterly in an escrow account within the
17 State Transportation Trust Fund for the environmental
18 mitigation phase of projects budgeted by the Department of
19 Transportation for the current fiscal year. The escrow account
20 will be maintained established by the Department of
21 Transportation for the benefit of the Department of
22 Environmental Protection and the water management districts.
23 Any interest earnings from the escrow account shall remain
24 with be returned to the Department of Transportation. The
25 Department of Environmental Protection or water management
26 districts may shall request a transfer of funds from the
27 escrow account to the Ecosystem Management and Restoration
28 Trust Fund no sooner than 30 days prior to the date the funds
29 are needed to pay for activities associated with development
30 or implementation of the approved mitigation plan described in
31 subsection (4) for the current fiscal year, including, but not
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1 limited to, design, engineering, production, and staff
2 support. Actual conceptual plan preparation costs incurred
3 before plan approval may be submitted to the Department of
4 Transportation and the Department of Environmental Protection
5 by November 1 of each year with the plan. The conceptual plan
6 preparation costs of each water management district will be
7 paid based on the amount approved on the mitigation plan and
8 allocated to the current fiscal year projects identified by
9 the water management district contained in the mitigation
10 programs. The amount transferred to the escrow account each
11 year by the Department of Transportation shall correspond to a
12 cost per acre of $75,000 multiplied by the projected acres of
13 impact identified in the inventory described in subsection (2)
14 within the water management district for that year. The water
15 management district may draw from the trust fund no sooner
16 than 30 days prior to the date funds are needed to pay for
17 activities associated with development or implementation of
18 the mitigation plan described in subsection (4). Each July 1,
19 beginning in 1998, the cost per acre shall be adjusted by the
20 percentage change in the average of the Consumer Price Index
21 issued by the United States Department of Labor for the most
22 recent 12-month period ending September 30, compared to the
23 base year average, which is the average for the 12-month
24 period ending September 30, 1996. At the end of each year,
25 the projected acreage of impact shall be reconciled with the
26 acreage of impact of projects as permitted, including permit
27 modifications, pursuant to this part and s. 404 of the Clean
28 Water Act, 33 U.S.C. s. 1344. The subject, and the following
29 year's transfer of funds shall be adjusted accordingly to
30 reflect the overtransfer or undertransfer of funds from the
31 preceding year. The Department of Transportation Environmental
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1 Protection is authorized to transfer such funds from the
2 escrow account to the Department of Environmental Protection
3 and Ecosystem Management and Restoration Trust Fund to the
4 water management districts to carry out the mitigation
5 programs.
6 (4) Prior to December 1 of each year 31, 1996, each
7 water management district, in consultation with the Department
8 of Environmental Protection, the United States Army Corps of
9 Engineers, the Department of Transportation, and other
10 appropriate federal, state, and local governments, and other
11 interested parties, including entities operating mitigation
12 banks, shall develop a plan for the primary purpose of
13 complying with the mitigation requirements adopted pursuant to
14 this part and 33 U.S.C. s. 1344. This plan shall also address
15 significant invasive aquatic and exotic plant problems within
16 wetlands and other surface waters. In developing such plans,
17 the districts shall utilize sound ecosystem management
18 practices to address significant water resource needs and
19 shall focus on activities of the Department of Environmental
20 Protection and the water management districts, such as surface
21 water improvement and management (SWIM) waterbodies and lands
22 identified for potential acquisition for preservation,
23 restoration, and enhancement, to the extent that such
24 activities comply with the mitigation requirements adopted
25 under this part and 33 U.S.C. s. 1344. In determining the
26 activities to be included in such plans, the districts shall
27 also consider the purchase of credits from public or private
28 mitigation banks permitted under s. 373.4136 and associated
29 federal authorization under this part and shall include such
30 purchase as a part of the mitigation plan when such purchase
31 would offset the impact of the transportation project, provide
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1 equal benefits to the water resources than other mitigation
2 options being considered, and provide the most cost-effective
3 mitigation option. The mitigation plan shall be preliminarily
4 approved by the water management district governing board and
5 shall be submitted to the secretary of the Department of
6 Environmental Protection for review and final approval. The
7 preliminary approval by the water management district
8 governing board does not constitute a decision that affects
9 substantial interests as provided by s. 120.569. At least 30
10 days prior to preliminary approval, the water management
11 district shall provide a copy of the draft mitigation plan to
12 any person who has requested a copy.
13 (a) For each transportation project with a funding
14 request for the next fiscal year, the mitigation plan must
15 include a brief explanation of why a mitigation bank was or
16 was not chosen as a mitigation option, including an estimation
17 of identifiable costs of the mitigation bank and nonbank
18 options to the extent practicable. If the Department of
19 Environmental Protection and water management districts are
20 unable to identify mitigation that would offset the impacts of
21 a project included in the inventory, either due to the nature
22 of the impact or the amount of funds available, that project
23 shall not be addressed in the mitigation plan and the project
24 shall not be subject to the provisions of this section.
25 (b) Specific projects may be excluded from the
26 mitigation plan and shall not be subject to this section upon
27 the agreement of the Department of Transportation, the
28 Department of Environmental Protection, and the appropriate
29 water management district that the inclusion of such projects
30 would hamper the efficiency or timeliness of the mitigation
31 planning and permitting process, or the Department of
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1 Environmental Protection and the water management district are
2 unable to identify mitigation that would offset the impacts of
3 the project.
4 (c) Surface water improvement and management or
5 invasive plant control projects undertaken using the $12
6 million advance transferred from the Department of
7 Transportation to the Department of Environmental Protection
8 in fiscal year 1996-1997 which meet the requirements for
9 mitigation under this part and 33 U.S.C. s. 1344 shall remain
10 available for mitigation until the $12 million is fully
11 credited up to and including fiscal year 2004-2005. When these
12 projects are used as mitigation, the $12 million advance shall
13 be reduced by $75,000 per acre of impact mitigated. For any
14 fiscal year through and including fiscal year 2004-2005, to
15 the extent the cost of developing and implementing the
16 mitigation plans is less than the amount transferred pursuant
17 to subsection (3), the difference shall be credited towards
18 the $12 million advance. Except as provided in this paragraph,
19 any funds not directed to implement the mitigation plan
20 should, to the greatest extent possible, be directed to fund
21 invasive plant control within wetlands and other surface
22 waters. Those transportation projects that are proposed to
23 commence in fiscal year 1996-1997 shall not be addressed in
24 the mitigation plan, and the provisions of subsection (7)
25 shall not apply to these projects. The Department of
26 Transportation may enter into interagency agreements with the
27 Department of Environmental Protection or any water management
28 district to perform mitigation planning and implementation for
29 these projects.
30 (d) On July 1, 1996, the Department of Transportation
31 shall transfer to the Department of Environmental Protection
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1 $12 million from the State Transportation Trust Fund for the
2 purposes of the surface water improvement management program
3 and to address statewide aquatic and exotic plant problems
4 within wetlands and other surface waters. Such funds shall be
5 considered an advance upon funds that the Department of
6 Transportation would provide for statewide mitigation during
7 the 1997-1998, 1998-1999, and 1999-2000 fiscal years. This
8 use of mitigation funds for surface water improvement
9 management projects or aquatic and exotic plant control may be
10 utilized as mitigation for transportation projects to the
11 extent that it complies with the mitigation requirements
12 adopted pursuant to this part and 33 U.S.C. s. 1344. To the
13 extent that such activities result in mitigation credit for
14 projects permitted in fiscal year 1996-1997, all or part of
15 the $12 million funding for surface water improvement
16 management projects or aquatic and exotic plant control in
17 fiscal year 1996-1997 shall be drawn from Department of
18 Transportation mitigation funding for fiscal year 1996-1997
19 rather than from mitigation funding for fiscal years
20 1997-1998, 1998-1999, and 1999-2000, in an amount equal to the
21 cost per acre of impact described in subsection (3), times the
22 acreage of impact that is mitigated by such plant control
23 activities. Any part of the $12 million that does not result
24 in mitigation credit for projects permitted in fiscal year
25 1996-1997 shall remain available for mitigation credit during
26 fiscal years 1997-1998, 1998-1999, or 1999-2000.
27 (5) The water management district shall be responsible
28 for ensuring that mitigation requirements pursuant to 33
29 U.S.C. s. 1344 are met for the impacts identified in the
30 inventory described in subsection (2), by implementation of
31 the approved plan described in subsection (4) to the extent
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1 funding is provided as funded by the Department of
2 Transportation. During the federal permitting process, the
3 water management district may deviate from the approved
4 mitigation plan in order to comply with federal permitting
5 requirements.
6 (6) The mitigation plan shall be updated annually to
7 reflect the most current Department of Transportation work
8 program and may be amended throughout the year to anticipate
9 schedule changes or additional projects which may arise. Each
10 update and amendment of the mitigation plan shall be submitted
11 to the secretary of the Department of Environmental Protection
12 for approval as described in subsection (4). However, such
13 approval shall not be applicable to a deviation as described
14 in subsection (5).
15 (9) The recommended mitigation plan shall be annually
16 submitted to the Executive Office of the Governor and the
17 Legislature through the legislative budget request of the
18 Department of Environmental Protection in accordance with
19 chapter 216. Any funds not directed to implement the
20 mitigation plan should, to the greatest extent possible, be
21 directed to fund aquatic and exotic plant problems within the
22 wetlands and other surface waters.
23 (10) By December 1, 1997, the Department of
24 Environmental Protection, in consultation with the water
25 management districts, shall submit a report to the Governor,
26 the President of the Senate, and the Speaker of the House of
27 Representatives describing the implementation of this section,
28 including the use of public and private mitigation banks and
29 other types of mitigation approved in the mitigation plan.
30 The report shall also recommend any amendments to this section
31 necessary to improve the process for developing and
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1 implementing mitigation plans for the Department of
2 Transportation. The report shall also include a specific
3 section on how private and public mitigation banks are
4 utilized within the mitigation plans.
5 Section 34. Subsections (3) and (23) of section
6 479.01, Florida Statutes, are amended to read:
7 479.01 Definitions.--As used in this chapter, the
8 term:
9 (3) "Commercial or industrial zone" means a parcel of
10 land an area within 660 feet of the nearest edge of the
11 right-of-way of the interstate or federal-aid primary system
12 designated predominately for commercial or industrial use
13 under both the future land use map of the comprehensive plan
14 and the land use development regulations adopted pursuant to
15 chapter 163. If a parcel is located in an area designated for
16 multiple uses on the future land use map of a comprehensive
17 plan and the land development regulations do not clearly
18 designate that parcel for a specific use, the area will be
19 considered an unzoned commercial or industrial area if it
20 meets the criteria of subsection (23). Where a local
21 governmental entity has not enacted a comprehensive plan by
22 local ordinance but has zoning regulations governing the area,
23 the zoning of an area shall determine whether the area is
24 designated predominately for commercial or industrial uses.
25 (23) "Unzoned commercial or industrial area" means a
26 parcel of land designated by the an area within 660 feet of
27 the nearest edge of the right-of-way of the interstate or
28 federal-aid primary system where the land use is not covered
29 by a future land use map of the comprehensive plan for
30 multiple uses that include commercial or industrial uses but
31 are not specifically designated for commercial or industrial
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1 uses under the land development regulations or zoning
2 regulation pursuant to subsection (2), in which there are
3 located three or more separate and distinct conforming
4 industrial or commercial activities are located.
5 (a) These activities must satisfy the following
6 criteria:
7 1. At least one of the commercial or industrial
8 activities must be located on the same side of the highway and
9 within 800 feet of the sign location;
10 2. The commercial or industrial activities must be
11 within 660 feet from the nearest edge of the right-of-way; and
12 3. The commercial industrial activities must be within
13 1,600 feet of each other.
14
15 Distances specified in this paragraph must be measured from
16 the nearest outer edge of the primary building or primary
17 building complex when the individual units of the complex are
18 connected by covered walkways. uses located within a
19 1,600-foot radius of each other and generally recognized as
20 commercial or industrial by zoning authorities in this state.
21 (b) Certain activities, including, but not limited to,
22 the following, may not be so recognized as commercial or
23 industrial activities:
24 1.(a) Signs.
25 2.(b) Agricultural, forestry, ranching, grazing,
26 farming, and related activities, including, but not limited
27 to, wayside fresh produce stands.
28 3.(c) Transient or temporary activities.
29 4.(d) Activities not visible from the main-traveled
30 way.
31
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1 5.(e) Activities conducted more than 660 feet from the
2 nearest edge of the right-of-way.
3 6.(f) Activities conducted in a building principally
4 used as a residence.
5 7.(g) Railroad tracks and minor sidings.
6 8. Communication towers.
7 Section 35. Paragraphs (b) and (c) of subsection (8)
8 of section 479.07, Florida Statutes, are amended to read:
9 479.07 Sign permits.--
10 (8)
11 (b) If a permittee has not submitted his or her fee
12 payment by the expiration date of the licenses or permits, the
13 department shall send a notice of violation to the permittee
14 within 45 days after the expiration date, requiring the
15 payment of the permit fee within 30 days after the date of the
16 notice and payment of a delinquency fee equal to 10 percent of
17 the original amount due or, in the alternative to these
18 payments, requiring the filing of a request for an
19 administrative hearing to show cause why his or her sign
20 should not be subject to immediate removal due to expiration
21 of his or her license or permit. If the permittee submits
22 payment as required by the violation notice, his or her
23 license or permit will be automatically reinstated and such
24 reinstatement will be retroactive to the original expiration
25 date. If the permittee does not respond to the notice of
26 violation within the 30-day period, the department shall,
27 within 30 days, issue a final notice of sign removal and may,
28 following 90 days after the date of the department's final
29 notice of sign removal, remove the sign without incurring any
30 liability as a result of such removal. However, if at any time
31 before removal of the sign within 90 days after the date of
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1 the department's final notice of sign removal, the permittee
2 demonstrates that a good-faith good faith error on the part of
3 the permittee resulted in cancellation or nonrenewal of the
4 permit, the department may reinstate the permit if:
5 1. The sign has not yet been disassembled by the
6 permittee;
7 2. Conflicting applications have not been filed by
8 other persons;
9 1.3. The permit reinstatement fee of up to $300 based
10 on the size of the sign is paid;
11 2.4. All other permit renewal and delinquent permit
12 fees due as of the reinstatement date are paid; and
13 3.5. The permittee reimburses the department for all
14 actual costs resulting from the permit cancellation or
15 nonrenewal and sign removal.
16 (c) Conflicting applications filed by other persons
17 for the same or competing sites covered by a permit subject to
18 paragraph (b) may not be approved until after the sign subject
19 to the expired permit has been removed.
20 (d)(c) The cost for removing a sign, whether by the
21 department or an independent contractor, shall be assessed by
22 the department against the permittee.
23 Section 36. Subsection (15) of section 479.16, Florida
24 Statutes, is amended to read:
25 479.16 Signs for which permits are not required.--The
26 following signs are exempt from the requirement that a permit
27 for a sign be obtained under the provisions of this chapter
28 but are required to comply with the provisions of s.
29 479.11(4)-(8):
30 (15) Signs not in excess of 16 square feet placed at a
31 road junction with the State Highway System denoting only the
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1 distance or direction of a residence or farm operation, or, in
2 a rural area where a hardship is created because a small
3 business is not visible from the road junction with the State
4 Highway System, one sign not in excess of 16 8 square feet,
5 denoting only the name of the business and the distance and
6 direction to the business. The small-business-sign provision
7 of this subsection does not apply to charter counties and may
8 not be implemented if the Federal Government notifies the
9 department that implementation will adversely affect the
10 allocation of federal funds to the department.
11 Section 37. Except as otherwise provided in this act,
12 this act shall take effect upon becoming a law.
13
14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 CS/SB 972
16
17 Provides additional $10 million on July 1, 1999 and annually
thereafter, for funding the Seaport Transportation and
18 Economic Development Program.
19 Provides local governments may authorize the installation of
bus benches without limit to the period of service of the
20 contract.
21 Conforms MPO designation to Transportation Equity Act
(TEA-21). Strikes the provision for the Legislature to
22 approve new MPOs.
23 Changes the number of days from 180 to 90 days that a
commercial motor vehicle registration or license plate may be
24 expired for limiting the maximum penalty charge of $1000.
25
Reinstates the planning factors under the Intermodal Surface
26 Transportation Efficiency Act.
27 Caps the amount to $60,000 for FDOT to enter into contracts
without competitive bids.
28
Authorizes FDOT may provide additional guarantees to assist
29 certain business entities in receiving loans pursuant to Title
13 C.F.R. part 120. Provides authority for FDOT to adopt
30 rules to implement this section.
31
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