Senate Bill 1368

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    Florida Senate - 2000                                  SB 1368

    By  Senator Webster





    306-571C-00

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending s. 20.23, F.S.;

  4         providing for a change in administrative

  5         duties; providing for an additional district

  6         office; providing additional responsibilities

  7         of the Transportation Commission; amending ss.

  8         316.302, 316.516, 316.545, F.S.; updating

  9         cross-references to the current federal safety

10         regulations; deleting references to weight and

11         safety officers; repealing s. 316.610(3), F.S.,

12         relating to commercial motor vehicle

13         inspections; amending s. 330.30, F.S.; removing

14         the requirement for joint submission of

15         applications for airport site approval and for

16         an airport license; amending s. 334.044, F.S.;

17         authorizing the department to purchase

18         promotional items for use in certain public

19         awareness campaigns; amending s. 335.02, F.S.;

20         providing a maximum-lane policy; amending ss.

21         335.141, 341.302, F.S.; repealing the

22         department's authority to regulate train

23         operating speeds; amending s. 337.11, F.S.;

24         authorizing the department to combine the

25         right-of-way phase of certain projects into a

26         single contract; amending s. 337.14, F.S.;

27         extending the period of validity of contractor

28         prequalification; amending s. 337.175, F.S.;

29         providing for retainage flexibility; amending

30         s. 338.161, F.S.; authorizing the department to

31         promote the use of toll facilities; amending s.

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  1         338.165, F.S.; providing an exemption for

  2         high-occupancy toll lanes; amending s. 339.12,

  3         F.S.; increasing the current cap on the local

  4         government advance reimbursement program;

  5         amending s. 339.135, F.S.; deleting an obsolete

  6         requirement for identification of advanced

  7         right-of-way acquisition projects in the

  8         tentative work program; amending s. 339.155,

  9         F.S.; clarifying the public participation

10         process in transportation planning; conforming

11         to federal requirements; amending s. 341.051,

12         F.S.; deleting an obsolete provision for public

13         transit capital projects; amending s. 373.4137,

14         F.S.; providing a technical correction;

15         providing an effective date.

16

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

18

19         Section 1.  Paragraph (b) of subsection (2), paragraphs

20  (c) and (d) of subsection (3), and paragraph (a) of subsection

21  (4) of section 20.23, Florida Statutes, are amended to read:

22         20.23  Department of Transportation.--There is created

23  a Department of Transportation which shall be a decentralized

24  agency.

25         (2)

26         (b)  The commission shall have the primary functions

27  to:

28         1.  Recommend major transportation policies for the

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

30  revisions thereto are properly executed.

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  1         2.  Periodically review the status of the state

  2  transportation system including highway, transit, rail,

  3  seaport, intermodal development, and aviation components of

  4  the system and recommend improvements therein to the Governor

  5  and the Legislature.

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

  7  department budget request, the Florida Transportation Plan,

  8  and the tentative work program for compliance with all

  9  applicable laws and established departmental policies. Except

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

11  the commission may not consider individual construction

12  projects, but shall consider methods of accomplishing the

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

14  businesslike manner.

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

16  regular basis to assure that the department is managing

17  revenue and bond proceeds responsibly and in accordance with

18  law and established policy.

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

20  efficiency, productivity, and management of the department,

21  using performance and production standards developed by the

22  commission pursuant to s. 334.045.

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

24  causing disruption of project schedules in the adopted work

25  program and recommend to the Legislature and the Governor

26  methods to eliminate or reduce the disruptive effects of these

27  factors.

28         7.  Recommend to the Governor and the Legislature

29  improvements to the department's organization in order to

30  streamline and optimize the efficiency of the department. The

31  initial report by the commission must be delivered to the

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  1  Governor and Legislature by December 15, 2000, and each year

  2  thereafter, as appropriate. The commission may retain such

  3  experts as are reasonably necessary to effectuate this

  4  subparagraph, and the department shall pay the expenses of

  5  such experts.

  6         (3)

  7         (c)  The secretary shall appoint an Assistant Secretary

  8  for Transportation Policy, an Assistant Secretary for Finance

  9  and Administration, and an Assistant Secretary for District

10  Operations, each of whom shall serve at the pleasure of the

11  secretary.  The positions are responsible for developing,

12  monitoring, and enforcing policy and managing major technical

13  programs.  The responsibilities and duties of these positions

14  include, but are not limited to, the following functional

15  areas:

16         1.  Assistant Secretary for Transportation Policy.--

17         a.  Development of the Florida Transportation Plan and

18  other policy planning;

19         b.  Development of statewide modal systems plans,

20  including public transportation systems;

21         c.  Design of transportation facilities;

22         d.  Construction of transportation facilities; and

23         e.  Acquisition and management of transportation

24  rights-of-way; and.

25         f.  Administration of motor carrier compliance and

26  safety.

27         2.  Assistant Secretary for District Operations.--

28         a.  Administration of the nine eight districts; and

29         b.  Implementation of the decentralization of the

30  department.; and

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  1         c.  Administration of motor carrier compliance and

  2  safety.

  3         3.  Assistant Secretary for Finance and

  4  Administration.--

  5         a.  Financial planning and management;

  6         b.  Information systems;

  7         c.  Accounting systems;

  8         d.  Administrative functions; and

  9         e.  Administration of toll operations.

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

11  established within the central office for the purposes of:

12         a.  Developing policy and procedures and monitoring

13  performance to ensure compliance with these policies and

14  procedures;

15         b.  Performing statewide activities which it is more

16  cost-effective to perform in a central location;

17         c.  Assessing and ensuring the accuracy of information

18  within the department's financial management information

19  systems; and

20         d.  Performing other activities of a statewide nature.

21         2.  The following offices are established and shall be

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

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

24  classified at a level equal to a division director:

25         a.  The Office of Administration;

26         b.  The Office of Policy Planning;

27         c.  The Office of Design;

28         d.  The Office of Highway Operations;

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

30         f.  The Office of Toll Operations; and

31         g.  The Office of Information Systems; and.

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  1         h.  The Office of Motor Carrier Compliance.

  2         3.  Other offices may be established in accordance with

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

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

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

  6  legislative authority.

  7         4.  During the construction of a major transportation

  8  improvement project or as determined by the district

  9  secretary, the department may provide assistance to a business

10  entity significantly impacted by the project if the entity is

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

12  prior to the beginning of construction and has direct or

13  shared access to the transportation project being constructed.

14  The assistance program shall be in the form of additional

15  guarantees to assist the impacted business entity in receiving

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

17  instance shall the combined guarantees be greater than 90

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

19  implement this subparagraph.

20         (4)(a)  The operations of the department shall be

21  organized into nine eight districts, including a turnpike

22  district, each headed by a district secretary. The district

23  secretaries shall report to the Assistant Secretary for

24  District Operations. The headquarters of the districts shall

25  be located in Polk, Columbia, Washington, Broward, Volusia,

26  Dade, Hillsborough, Duval, and Leon Counties. The turnpike

27  district must be relocated to Orange County in the year 2000.

28  In order to provide for efficient operations and to expedite

29  the decisionmaking process, the department shall provide for

30  maximum decentralization to the districts. However, before

31  making a decision to centralize or decentralize department

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  1  operations or relocate the turnpike district, the department

  2  must first determine if the decision would be cost-effective

  3  and in the public's best interest. The department shall

  4  periodically evaluate such decisions to ensure that they are

  5  appropriate.

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

  7  subsections (5) and (8) of section 316.302, Florida Statutes,

  8  are amended to read:

  9         316.302  Commercial motor vehicles; safety regulations;

10  transporters and shippers of hazardous materials;

11  enforcement.--

12         (1)

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

14  owners or drivers of commercial motor vehicles that are

15  engaged in intrastate commerce are subject to the rules and

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

17  390-397, with the exception of 49 C.F.R. s. 390.5 as it

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

19  regulations existed on March 1, 2000 1999.

20         (5)  The Department of Transportation may adopt and

21  revise rules to assure the safe operation of commercial motor

22  vehicles. The Department of Transportation may enter into

23  cooperative agreements as provided in 49 C.F.R. part 388.

24  Department of Transportation personnel may conduct motor

25  carrier and shipper terminal audits only for the purpose of

26  determining compliance with 49 C.F.R. parts 171, 172, 173,

27  177, 178, 180, 382, 385, 391, 393,  396, and 397; 49 C.F.R. s.

28  395.1(e)(5); and s. 627.7415.

29         (8)  Any Department of Transportation law enforcement

30  officer agent of the Department of Transportation described in

31  s. 316.545(9), any member of the Florida Highway Patrol, or

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  1  any person employed by a sheriff's office or municipal police

  2  department who is authorized to enforce the traffic laws of

  3  this state pursuant to s. 316.640 may enforce the provisions

  4  of this section. Any law enforcement officer who is of the

  5  Department of Transportation described in s. 316.545(9), any

  6  member of the Florida Highway Patrol, or any law enforcement

  7  officer employed by a sheriff's office or municipal police

  8  department authorized to enforce the traffic laws of this

  9  state pursuant to s. 316.640 and, who has reason to believe

10  that a vehicle or driver is operating in an unsafe condition,

11  may require the driver to stop and submit to an inspection of

12  the vehicle or the driver's records.  Any person who fails to

13  comply with an officer's request to submit to an inspection

14  under this subsection is guilty of a violation of s. 843.02 if

15  the driver resists the officer without violence or a violation

16  of s. 843.01 if the driver resists the officer with violence.

17  If the vehicle is found to be in an unsafe condition, or if

18  any required part or equipment is not present or is not in

19  proper repair or adjustment, and the continued operation would

20  probably present an unduly hazardous operating condition, the

21  officer may require the vehicle to be immediately repaired or

22  removed from use. However, if continued operation would not

23  present an unduly hazardous operating condition, the officer

24  may give written notice to require proper repair and

25  adjustment of the vehicle within 14 days.

26         Section 3.  Subsection (1) of section 316.516, Florida

27  Statutes, is amended to read:

28         316.516  Width, height, and length; inspection;

29  penalties.--

30         (1)  Any law enforcement officer, as prescribed in s.

31  316.640, or any weight and safety officer of the Department of

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  1  Transportation, as prescribed in s. 316.545(1), who has reason

  2  to believe that the width, height, or length of a vehicle or

  3  combination of vehicles and the load thereon is not in

  4  conformance with s. 316.515 is authorized to require the

  5  driver to stop and submit such vehicle and load to measurement

  6  of its width, height, or length.

  7         Section 4.  Subsections (1) and (9) of section 316.545,

  8  Florida Statutes, are amended to read:

  9         316.545  Weight and load unlawful; special fuel and

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

11         (1)  Any law enforcement weight and safety officer of

12  the Department of Transportation having reason to believe that

13  the weight of a vehicle and load is unlawful is authorized to

14  require the driver to stop and submit to a weighing of the

15  same by means of either portable or fixed scales and may

16  require that such vehicle be driven to the nearest weigh

17  station or public scales, provided such a facility is within 5

18  highway miles.  Upon a request by the vehicle driver, the

19  officer shall weigh the vehicle at fixed scales rather than by

20  portable scales if such a facility is available within 5

21  highway miles.  Anyone who refuses to submit to such weighing

22  obstructs an officer pursuant to s. 843.02 and is guilty of a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083.  Anyone who knowingly and willfully

25  resists, obstructs, or opposes a law enforcement weight and

26  safety officer while refusing to submit to such weighing by

27  resisting the officer with violence to the officer's person

28  pursuant to s. 843.01 is guilty of a felony of the third

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

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  1         (9)  Any agent of the Department of Transportation who

  2  is employed as a for the purpose of being a weight and safety

  3  officer and who meets the qualifications established by law

  4  for law enforcement officer officers shall have the same

  5  arrest powers as are granted any law enforcement officer.

  6  However, the primary purpose of such officers shall be the

  7  enforcement for the purpose of enforcing the provisions of

  8  weight, load, safety, commercial motor vehicle registration,

  9  and fuel tax compliance laws.

10         Section 5.  Subsection (3) of section 316.610, Florida

11  Statutes, is repealed.

12         Section 6.  Paragraph (a) of subsection (1) and

13  paragraph (a) of subsection (2) of section 330.30, Florida

14  Statutes, are amended to read:

15         330.30  Approval of airport sites and licensing of

16  airports; fees.--

17         (1)  SITE APPROVALS; REQUIREMENTS, FEES, EFFECTIVE

18  PERIOD, REVOCATION.--

19         (a)  Except as provided in paragraph (c) of subsection

20  (2) and in subsection (3), the owner or lessee of any proposed

21  airport shall, prior to the acquisition of the site or prior

22  to the construction or establishment of the proposed airport,

23  obtain approval of the airport site from the department.

24  Applications for approval of a site must and for an original

25  license shall be jointly made on a form prescribed by the

26  department and must shall be accompanied by a site approval

27  fee of $100. The department, after inspection of the airport

28  site, shall grant the site approval if it is satisfied:

29         1.  That the site is adequate for the proposed airport;

30         2.  That the proposed airport, if constructed or

31  established, will conform to minimum standards of safety and

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  1  will comply with applicable county or municipal zoning

  2  requirements;

  3         3.  That all nearby airports, municipalities, and

  4  property owners have been notified and any comments submitted

  5  by them have been given adequate consideration; and

  6         4.  That safe air-traffic patterns can be worked out

  7  for the proposed airport and for all existing airports and

  8  approved airport sites in its vicinity.

  9         (2)  LICENSES; REQUIREMENTS, FEES, RENEWAL,

10  REVOCATION.--

11         (a)  Except as provided in subsection (3), the owner or

12  lessee of an airport in this state must obtain a license prior

13  to the operation of aircraft on the airport.  An application

14  for such license must shall be made on a form prescribed by

15  the department and shall be accomplished jointly with an

16  application for site approval.  Upon completing granting site

17  approval, making a favorable final airport inspection report

18  indicating compliance with all license requirements, and

19  receiving the appropriate license fee, the department shall

20  issue a license to the applicant, subject to any reasonable

21  conditions that the department may deem necessary to protect

22  the public health, safety, or welfare.

23         Section 7.  Section 334.044, Florida Statutes, is

24  amended to read:

25         334.044  Department; powers and duties.--The department

26  shall have the following general powers and duties:

27         (1)  To assume the responsibility for coordinating the

28  planning of a safe, viable, and balanced state transportation

29  system serving all regions of the state, and to assure the

30  compatibility of all components, including multimodal

31  facilities.

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  1         (2)  To adopt rules pursuant to ss. 120.536(1) and

  2  120.54 to implement the provisions of law conferring duties

  3  upon it.

  4         (3)  To adopt an official seal.

  5         (4)  To maintain its headquarters in Tallahassee and

  6  its district offices and necessary field offices at such

  7  places within the state as it may designate, and to purchase,

  8  build, or lease suitable buildings for such uses.

  9         (5)  To purchase, lease, or otherwise acquire property

10  and, materials, including the purchase of promotional items as

11  part of public information and education campaigns for the

12  promotion of traffic and train safety awareness, alternatives

13  to single occupant vehicle travel, and commercial motor

14  vehicle safety; to purchase, lease or otherwise acquire

15  equipment, and supplies;, and to sell, exchange, or otherwise

16  dispose of any property that which is no longer needed by the

17  department.

18         (6)  To acquire, by the exercise of the power of

19  eminent domain as provided by law, all property or property

20  rights, whether public or private, which it finds may

21  determine are necessary to the performance of its duties and

22  the execution of its powers.

23         (7)  To enter into contracts and agreements.

24         (8)  To sue and be sued as provided by law.

25         (9)  To employ and train staff, and to contract with

26  qualified consultants.  For the purposes of chapters 471 and

27  472, the department shall be considered a firm.

28         (10)(a)  To develop and adopt uniform minimum standards

29  and criteria for the design, construction, maintenance, and

30  operation of public roads pursuant to the provisions of s.

31  336.045.

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  1         (b)  The department shall periodically review its

  2  construction, design, and maintenance standards to ensure that

  3  such standards are cost-effective and consistent with

  4  applicable federal regulations and state law.

  5         (11)  To establish a numbering system for public roads,

  6  to functionally classify such roads, and to assign

  7  jurisdictional responsibility.

  8         (12)  To coordinate the planning of the development of

  9  public transportation facilities within the state and the

10  provision of related transportation services as authorized by

11  law.

12         (13)  To designate existing and to plan proposed

13  transportation facilities as part of the State Highway System,

14  and to construct, maintain, and operate such facilities.

15         (14)  To establish, control, and prohibit points of

16  ingress to, and egress from, the State Highway System, the

17  turnpike, and other transportation facilities under the

18  department's jurisdiction as necessary to ensure the safe,

19  efficient, and effective maintenance and operation of such

20  facilities.

21         (15)  To regulate and prescribe conditions for the

22  transfer of stormwater to the state right-of-way as a result

23  of manmade changes to adjacent properties.

24         (a)  Such regulation shall be through a permitting

25  process designed to ensure the safety and integrity of the

26  Department of Transportation facilities and to prevent an

27  unreasonable burden on lower properties.

28         (b)  The department is specifically authorized to adopt

29  rules which set forth the purpose; necessary definitions;

30  permit exceptions; permit and assurance requirements; permit

31  application procedures; permit forms; general conditions for a

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  1  drainage permit; provisions for suspension or revocation of a

  2  permit; and provisions for department recovery of fines,

  3  penalties, and costs incurred due to permittee actions.  In

  4  order to avoid duplication and overlap with other units of

  5  government, the department shall accept a surface water

  6  management permit issued by a water management district, the

  7  Department of Environmental Protection, a surface water

  8  management permit issued by a delegated local government, or a

  9  permit issued pursuant to an approved Stormwater Management

10  Plan or Master Drainage Plan; provided issuance is based on

11  requirements equal to or more stringent than those of the

12  department.

13         (16)  To plan, acquire, lease, construct, maintain, and

14  operate toll facilities; to authorize the issuance and

15  refunding of bonds; and to fix and collect tolls or other

16  charges for travel on any such facilities.

17         (17)  To designate limited access facilities on the

18  State Highway System and turnpike projects; to plan,

19  construct, maintain, and operate service roads in connection

20  with such facilities; and to regulate, reconstruct, or realign

21  any existing public road as a service road.

22         (18)  To establish and maintain bicycle and pedestrian

23  ways.

24         (19)  To encourage and promote the development of

25  multimodal transportation alternatives.

26         (20)  To conduct research studies, and to collect data

27  necessary for the improvement of the state transportation

28  system.

29         (21)  To conduct research and demonstration projects

30  relative to innovative transportation technologies.

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  1         (22)  To cooperate with and assist local governments in

  2  the development of a statewide transportation system and in

  3  the development of the individual components of the system.

  4         (23)  To cooperate with the transportation department

  5  or duly authorized commission or authority of any state in the

  6  development and construction of transportation facilities

  7  physically connecting facilities of this state with those

  8  facilities of any adjoining state.

  9         (24)  To identify, obtain, and administer all federal

10  funds available to the department for all transportation

11  purposes.

12         (25)  To do all things necessary to obtain the full

13  benefits of the national Highway Safety Act of 1966, and in so

14  doing, to cooperate with federal and state agencies, public

15  and private agencies, interested organizations, and

16  individuals to effectuate the purposes of that act, and any

17  and all amendments thereto.  The Governor shall have the

18  ultimate state responsibility for dealing with the Federal

19  Government in respect to programs and activities initiated

20  pursuant to the national Highway Safety Act of 1966, and any

21  amendments thereto.

22         (26)  To provide for the conservation of natural

23  roadside growth and scenery and for the implementation and

24  maintenance of roadside beautification programs. To accomplish

25  this, for fiscal years 1999-2000, 2000-2001, and 2001-2002 no

26  less than 1 percent, and for subsequent fiscal years no less

27  than 1.5 percent of the amount contracted for construction

28  projects shall be allocated by the department to

29  beautification programs. Except where prohibited by federal

30  law or federal regulation and to the extent practical, a

31  minimum of 50 percent of these funds shall be used to purchase

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  1  large plant materials with the remaining funds for other plant

  2  materials and these materials shall be purchased from

  3  Florida-based nurseryman stock on a uniform competitive bid

  4  basis. The department will develop grades and standards for

  5  landscaping materials purchased through this process. To

  6  accomplish these activities, the department may contract with

  7  nonprofit organizations having the primary purpose of

  8  developing youth employment opportunities.

  9         (27)  To conduct studies and provide coordination to

10  assess the needs associated with landside ingress and egress

11  to port facilities, and to coordinate with local governmental

12  entities to ensure that port facility access routes are

13  properly integrated with other transportation facilities.

14         (28)  To require persons to affirm the truth of

15  statements made in any application for a license, permit, or

16  certification issued by the department or in any contract

17  documents submitted to the department.

18         (29)  To advance funds for projects in the department's

19  adopted work program to governmental entities prior to

20  commencement of the project or project phase when the advance

21  has been authorized by the department's comptroller and is

22  made pursuant to a written agreement between the department

23  and a governmental entity.

24         (30)  To take any other action necessary to carry out

25  the powers and duties expressly granted in this code.

26         Section 8.  Subsection (3) of section 335.02, Florida

27  Statutes, is amended to read:

28         335.02  Authority to designate transportation

29  facilities and rights-of-way and establish lanes; procedure

30  for redesignation and relocation.--

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  1         (3)  The department may establish standards for lanes

  2  on the State Highway System, including the Florida Intrastate

  3  Highway System established pursuant to s. 338.001.  In

  4  determining the number of lanes for any regional corridor or

  5  section of highway on the State Highway System to be funded by

  6  the department with state and federal funds, the department

  7  shall evaluate all alternatives and seek to achieve the

  8  highest degree of efficient mobility for corridor users. In

  9  conducting the analysis, the department must give

10  consideration to the following factors consistent with sound

11  engineering principles:

12         (a)  Overall economic importance of the corridor as a

13  trade or tourism corridor;

14         (b)  Safety of corridor users, including the importance

15  of the corridor for evacuation purposes;

16         (c)  Cost-effectiveness of alternative methods of

17  increasing the mobility of corridor users;

18         (d)  Current and projected traffic volumes on the

19  corridor;

20         (e)  Multimodal alternatives;

21         (f)  Use of intelligent transportation technology in

22  increasing the efficiency of the corridor;

23         (g)  Compliance with state and federal policies related

24  to clean-air environmental impacts, growth management, livable

25  communities, and energy conservation;

26         (h)  Addition of special-use lanes, such as exclusive

27  truck lanes, high-occupancy-vehicle toll lanes, and exclusive

28  interregional traffic lanes;

29         (i)  Availability and cost of rights-of-way, including

30  associated costs, and the most effective use of existing

31  rights-of-way; and

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  1         (j)  Regional economic and transportation objectives,

  2  where articulated.

  3

  4  The department shall make the analysis available to affected

  5  metropolitan planning organizations and local governments in

  6  the region for comment. The department shall consider all

  7  comments before making final decisions based on the analysis.

  8  This subsection does not preclude a number of lanes in excess

  9  of 10 lanes, but an additional factor that must be considered

10  before the department may determine that the number of lanes

11  should be more than 10 is the capacity to accommodate in the

12  future alternative forms of transportation within existing or

13  potential rights-of-way. The standards may include the maximum

14  number of lanes to be provided by state funds and access

15  requirements for such facilities.

16         Section 9.  Subsections (3), (4), and (5) of section

17  335.141, Florida Statutes, are amended to read:

18         335.141  Regulation of public railroad-highway grade

19  crossings; reduction of hazards.--

20         (3)  The department is authorized to regulate the speed

21  limits of railroad traffic on a municipal, county, regional,

22  or statewide basis.  Such speed limits shall be established by

23  order of the department, which order is subject to the

24  provisions of chapter 120.  The department shall have the

25  authority to adopt reasonable rules to carry out the

26  provisions of this subsection. Such rules shall, at a minimum,

27  provide for public input prior to the issuance of any such

28  order.

29         (3)(4)  Jurisdiction to enforce such orders shall be as

30  provided in s. 316.640, and any penalty for violation thereof

31  shall be imposed upon the railroad company guilty of such

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  1  violation. Nothing herein shall prevent a local governmental

  2  entity from enacting ordinances relating to the blocking of

  3  streets by railroad engines and cars.

  4         (4)(5)  Any local governmental entity or other public

  5  or private agency planning a public event, such as a parade or

  6  race, that involves the crossing of a railroad track shall

  7  notify the railroad as far in advance of the event as possible

  8  and in no case less than 72 hours in advance of the event so

  9  that the coordination of the crossing may be arranged by the

10  agency and railroad to assure the safety of the railroad

11  trains and the participants in the event.

12         Section 10.  Paragraph (a) of subsection (7) of section

13  337.11, Florida Statutes, is amended to read:

14         337.11  Contracting authority of department; bids;

15  emergency repairs, supplemental agreements, and change orders;

16  combined design and construction contracts; progress payments;

17  records; requirements of vehicle registration.--

18         (7)(a)  If the head of the department determines that

19  it is in the best interests of the public, the department may

20  combine the design and construction phases of a building, a

21  major bridge, or a rail corridor project into a single

22  contract. Such contract is referred to as a design-build

23  contract. Design-build contracts may be advertised and awarded

24  notwithstanding the requirements of paragraph (3)(c). However,

25  construction activities may not begin on any portion of such

26  projects until title to the necessary rights-of-way and

27  easements for the construction of such portion of the project

28  has vested in the state or a local governmental entity and any

29  railroad crossing or utility agreements applicable to such

30  portion of the project have been executed. Title to

31

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  1  rights-of-way vests in the state when the title has been

  2  dedicated to the public or acquired by prescription.

  3         Section 11.  Subsection (4) of section 337.14, Florida

  4  Statutes, is amended to read:

  5         337.14  Application for qualification; certificate of

  6  qualification; restrictions; request for hearing.--

  7         (4)  If the applicant is found to possess the

  8  prescribed qualifications, the department shall issue to him

  9  or her a certificate of qualification that which, unless

10  thereafter revoked by the department for good cause, will be

11  valid for a period of 18 16 months after from the date of the

12  applicant's financial statement or such shorter period as the

13  department prescribes may prescribe. If In the event the

14  department finds that an application is incomplete or contains

15  inadequate information or information that which cannot be

16  verified, the department may request in writing that the

17  applicant provide the necessary information to complete the

18  application or provide the source from which any information

19  in the application may be verified.  If the applicant fails to

20  comply with the initial written request within a reasonable

21  period of time as specified therein, the department shall

22  request the information a second time.  If the applicant fails

23  to comply with the second request within a reasonable period

24  of time as specified therein, the application shall be denied.

25         Section 12.  Section 337.175, Florida Statutes, is

26  amended to read:

27         337.175  Retainage.--The department may shall provide

28  in its construction contracts for retaining a portion of the

29  amount due a contractor for work that the contractor has

30  completed, until completion and final acceptance of the

31  project by the department. If the department allows However,

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  1  contractors may shall be allowed to substitute securities as

  2  provided by s. 255.052, or to substitute certificates of

  3  deposit or irrevocable letters of credit approved by the

  4  department comptroller in lieu of retainage.

  5         Section 13.  Subsection (1) of section 338.161, Florida

  6  Statutes, is amended to read:

  7         338.161  Authority of department to advertise and

  8  promote electronic toll collection.--

  9         (1)  The department is authorized to incur expenses for

10  paid advertising, marketing, and promotion of toll facilities

11  and electronic toll collection products and services.

12  Promotions may include discounts and free products.

13         Section 14.  Subsection (6) of section 338.165, Florida

14  Statutes, is amended to read:

15         338.165  Continuation of tolls.--

16         (6)  Notwithstanding the provisions of subsection (1),

17  and not including high-occupancy toll lanes, no tolls may be

18  charged for use of an interstate highway where tolls were not

19  charged as of July 1, 1997.

20         Section 15.  Paragraph (c) of subsection (4) of section

21  339.12, Florida Statutes, is amended to read:

22         339.12  Aid and contributions by governmental entities

23  for department projects; federal aid.--

24         (4)

25         (c)  The department may is authorized to enter into

26  agreements under this subsection for a project or project

27  phase not included in the adopted work program.  As used in

28  this paragraph, the term "project phase" means acquisition of

29  rights-of-way, construction, construction inspection, and

30  related support phases.  The project or project phase must be

31  a high priority of the governmental entity.  Reimbursement for

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  1  a project or project phase must be made from funds

  2  appropriated by the Legislature pursuant to s. 339.135(5). All

  3  other provisions of this subsection apply to agreements

  4  entered into under this paragraph.  At no time shall The total

  5  amount of project agreements for projects or project phases

  6  not included in the adopted work program may not at any time

  7  exceed $100 $50 million.

  8         Section 16.  Paragraph (b) of subsection (4) of section

  9  339.135, Florida Statutes, is amended to read:

10         339.135  Work program; legislative budget request;

11  definitions; preparation, adoption, execution, and

12  amendment.--

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

14         (b)1.  A tentative work program, including the ensuing

15  fiscal year and the successive 4 fiscal years, shall be

16  prepared for the State Transportation Trust Fund and other

17  funds managed by the department, unless otherwise provided by

18  law.  The tentative work program shall be based on the

19  district work programs and shall set forth all projects by

20  phase to be undertaken during the ensuing fiscal year and

21  planned for the successive 4 fiscal years. The total amount of

22  the liabilities accruing in each fiscal year of the tentative

23  work program may not exceed the revenues available for

24  expenditure during the respective fiscal year based on the

25  cash forecast for that respective fiscal year.

26         2.  The tentative work program shall be developed in

27  accordance with the Florida Transportation Plan required in s.

28  339.155 and must comply with the program funding levels

29  contained in the program and resource plan.

30         3.  The tentative work program must specifically

31  identify advanced right-of-way acquisition projects and must

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  1  separately allocate funds for advanced right-of-way

  2  acquisition phases in each fiscal year, as provided in s.

  3  337.276.  Each right-of-way phase that is to be funded through

  4  these programs shall be specifically identified in the work

  5  program, and the year, if known, in which construction

  6  utilizing the right-of-way is projected to begin shall be

  7  identified.

  8         3.4.  The department may include in the tentative work

  9  program proposed changes to the programs contained in the

10  previous work program adopted pursuant to subsection (5);

11  however, the department shall minimize changes and adjustments

12  that affect the scheduling of project phases in the 4 common

13  fiscal years contained in the previous adopted work program

14  and the tentative work program.  The department, in the

15  development of the tentative work program, shall advance by 1

16  fiscal year all projects included in the second year of the

17  previous year's adopted work program, unless the secretary

18  specifically determines that it is necessary, for specific

19  reasons, to reschedule or delete one or more projects from

20  that year.  Such changes and adjustments shall be clearly

21  identified, and the effect on the 4 common fiscal years

22  contained in the previous adopted work program and the

23  tentative work program shall be shown.  It is the intent of

24  the Legislature that the first 3 years of the adopted work

25  program stand as the commitment of the state to undertake

26  transportation projects that local governments may rely on for

27  planning purposes and in the development and amendment of the

28  capital improvements elements of their local government

29  comprehensive plans.

30

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  1         4.5.  The tentative work program must include a

  2  balanced 36-month forecast of cash and expenditures and a

  3  5-year finance plan supporting the tentative work program.

  4         Section 17.  Paragraph (c) of subsection (6) of section

  5  339.155, Florida Statutes, is amended to read:

  6         339.155  Transportation planning.--

  7         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

  8  TRANSPORTATION PLANNING.--

  9         (c)  Opportunity for design hearings:

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

11  shall duly notify notice all affected property owners of

12  record, as recorded in the property appraiser's office, by

13  mail at least 20 days prior to the date set for the hearing.

14  The affected property owners shall be:

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

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

17  proposed facility.

18         b.  Those whom who the department determines will be

19  substantially affected environmentally, economically,

20  socially, or safetywise.

21         2.  For each subsequent hearing, the department shall

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

23  hearing date in a newspaper of general circulation for the

24  area affected. These notices must be published twice, with the

25  first notice appearing at least 15 days, but no later than 30

26  days, before the hearing.

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

28  must shall be furnished to the United States Department of

29  Transportation and to the appropriate departments of the state

30  government at the time of publication.

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  1         Section 18.  Subsection (5) of section 341.051, Florida

  2  Statutes, is amended to read:

  3         341.051  Administration and financing of public transit

  4  programs and projects.--

  5         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

  6         (a)  The department may fund up to 50 percent of the

  7  nonfederal share of the costs, not to exceed the local share,

  8  of any eligible public transit capital project or commuter

  9  assistance project that is local in scope; except, however,

10  that departmental participation in the final design,

11  right-of-way acquisition, and construction phases of an

12  individual fixed-guideway project which is not approved for

13  federal funding shall not exceed an amount equal to 12.5

14  percent of the total cost of each phase.

15         (b)  The Department of Transportation shall develop a

16  major capital investment policy which shall include policy

17  criteria and guidelines for the expenditure or commitment of

18  state funds for public transit capital projects. The policy

19  shall include the following:

20         1.  Methods to be used to determine consistency of a

21  transit project with the approved local government

22  comprehensive plans of the units of local government in which

23  the project is located.

24         2.  Methods for evaluating the level of local

25  commitment to a transit project, which is to be demonstrated

26  through system planning and the development of a feasible plan

27  to fund operating cost through fares, value capture techniques

28  such as joint development and special districts, or other

29  local funding mechanisms.

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  1         3.  Methods for evaluating alternative transit systems

  2  including an analysis of technology and alternative methods

  3  for providing transit services in the corridor.

  4         (b)(c)  The department may is authorized to fund up to

  5  100 percent of the cost of any eligible transit capital

  6  project or commuter assistance project that is statewide in

  7  scope or involves more than one county where no other

  8  governmental entity or appropriate jurisdiction exists.

  9         (c)(d)  The department may is authorized to advance up

10  to 80 percent of the capital cost of any eligible project that

11  will assist Florida's transit systems in becoming fiscally

12  self-sufficient.  Such advances must shall be reimbursed to

13  the department on an appropriate schedule not to exceed 5

14  years after the date of provision of the advances.

15         (d)(e)  The department may is authorized to fund up to

16  100 percent of the capital and net operating costs of

17  statewide transit service development projects or transit

18  corridor projects.  All transit service development projects

19  must shall be specifically identified by way of a departmental

20  appropriation request, and transit corridor projects must

21  shall be identified as part of the planned improvements on

22  each transportation corridor designated by the department.

23  The project objectives, the assigned operational and financial

24  responsibilities, the timeframe required to develop the

25  required service, and the criteria by which the success of the

26  project will be judged must shall be documented by the

27  department for each such transit service development project

28  or transit corridor project.

29         (e)(f)  The department may is authorized to fund up to

30  50 percent of the capital and net operating costs of transit

31  service development projects that are local in scope and that

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  1  will improve system efficiencies, ridership, or revenues.  All

  2  such projects must shall be identified in the appropriation

  3  request of the department through a specific program of

  4  projects, as provided for in s. 341.041, which that is

  5  selectively applied in the following functional areas and is

  6  subject to the specified times of duration:

  7         1.  Improving system operations, including, but not

  8  limited to, realigning route structures, increasing system

  9  average speed, decreasing deadhead mileage, expanding area

10  coverage, and improving schedule adherence, for a period of up

11  to 3 years;

12         2.  Improving system maintenance procedures, including,

13  but not limited to, effective preventive maintenance programs,

14  improved mechanics training programs, decreasing service

15  repair calls, decreasing parts inventory requirements, and

16  decreasing equipment downtime, for a period of up to 3 years;

17         3.  Improving marketing and consumer information

18  programs, including, but not limited to, automated information

19  services, organized advertising and promotion programs, and

20  signing of designated stops, for a period of up to 2 years;

21  and

22         4.  Improving technology involved in overall

23  operations, including, but not limited to, transit equipment,

24  fare collection techniques, electronic data processing

25  applications, and bus locators, for a period of up to 2 years.

26

27  For purposes of this section, the term "net operating costs"

28  means all operating costs of a project less any federal funds,

29  fares, or other sources of income to the project.

30         Section 19.  Subsection (10) of section 341.302,

31  Florida Statutes, is amended to read:

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  1         341.302  Rail program, duties and responsibilities of

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

  3  governmental units and the private sector, shall develop and

  4  implement a rail program of statewide application designed to

  5  ensure the proper maintenance, safety, revitalization, and

  6  expansion of the rail system to assure its continued and

  7  increased availability to respond to statewide mobility needs.

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

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

10  shall:

11         (10)  Administer rail operating and construction

12  programs, which programs shall include the regulation of

13  maximum train operating speeds, the opening and closing of

14  public grade crossings, the construction and rehabilitation of

15  public grade crossings, and the installation of traffic

16  control devices at public grade crossings, the administering

17  of the programs by the department including participation in

18  the cost of the programs.

19         Section 20.  Subsection (2) of section 373.4137,

20  Florida Statutes, is amended to read:

21         373.4137  Mitigation requirements.--

22         (2)  Environmental impact inventories for

23  transportation projects proposed by the Department of

24  Transportation shall be developed as follows:

25         (a)  By May 1 of each year, the Department of

26  Transportation shall submit to the Department of Environmental

27  Protection and the water management districts a copy of its

28  tentative adopted work program and an inventory of habitats

29  addressed in the rules adopted tentatively, pursuant to this

30  part and s. 404 of the Clean Water Act, 33 U.S.C. s. 1344,

31  which may be impacted by its plan of construction for

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  1  transportation projects in the next 3 years of the tentative

  2  work program. The Department of Transportation may also

  3  include in its inventory the habitat impacts of any future

  4  transportation project identified in the tentative work

  5  program.

  6         (b)  The environmental impact inventory shall include a

  7  description of these habitat impacts, including their

  8  location, acreage, and type; state water quality

  9  classification of impacted wetlands and other surface waters;

10  any other state or regional designations for these habitats;

11  and a survey of threatened species, endangered species, and

12  species of special concern affected by the proposed project.

13         Section 21.  This act shall take effect upon becoming a

14  law.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Relates to the Department of Transportation. Provides for
      a change in administrative duties. Increases the number
  4    of district offices from eight to nine. Provides
      additional responsibilities of the Transportation
  5    Commission. Provides for the redistribution of the State
      Comprehensive Enhanced Transportation System Tax. Updates
  6    cross-references to current federal safety regulations.
      Deletes references to "weight and safety officers."
  7    Repeals an obsolete provision relating to commercial
      motor vehicle inspections. Removes the requirement for
  8    joint submission of applications for airport site
      approval and for an airport license. Authorizes the
  9    department to purchase certain promotional items.
      Provides a maximum-lane policy. Repeals departmental
10    authority to regulate the operating speeds of trains.
      Authorizes the department to combine the right-of-way
11    phase of certain projects into a single contract. Extends
      the period of validity of contractor prequalification.
12    Provides for retainage flexibility. Authorizes the
      department to promote the use of toll facilities.
13    Provides an exemption for high-occupancy toll lanes.
      Increases the amount of the cap on the local government
14    advance reimbursement program. Deletes an obsolete
      requirement for identification of advanced right-of-way
15    acquisition projects in the tentative work program.
      Clarifies the public participation process in
16    transportation planning. Conforms to federal
      requirements. Deletes an obsolete provision relating to
17    public transit capital projects.

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